The URL can be used to link to this page

Home My WebLink AboutPZ2021-304DATE: October 18,2021 TO: Planning Commission and City Council FROM: Chris Boone, Director of Planning and Community Development SUBJECT: To consider a request for a Revised Specific Use Permit to allow a new driveway in a GC-MD-2 (General Commercial — Multiple -Family Dwelling-2) District. FILE: PZ2021-304 STAFF REPORT Brian Dunigan is requesting a Specific Use Permit to allow a new driveway at 622 W. Lucas Drive. Given the multiple iterations of the proposed layout of this site, it is important to provide a chronology of the history to the project. In February of 2011, Darlene Hanna was approved for a revised Specific Use Permit at this location (see "Exhibit A"). The approved site plan did not have any driveways accessing the residential cul-de-sac to the cast. In 2016 a driveway was poured for Quinchies without approval from planning. In December 2020 plans were submitted for preliminary review for the interior build -out of the cookie shop in question but did not reflect any additional driveways or curb cuts to the street to the east. The plans for the cookie shop were approved but conditioned as "Interior Only -SUP 2011 ". In February 2021 plans for a new driveway were submitted to Engineering staff for design review. The plans received a favorable review from Engineering but were never reviewed by Planning or Building Codes and no permit was ever issued for its construction, Later in February 2021, the plans for the cookie shop were formally submitted with a permit application for construction, with no indication of a new drive, curb cut or drive -through included in the request, The plans submitted with the permit application were reviewed and approved by all departments, but with the condition that the work would be "interior only" due to the SUP being site -plan specific. This information was also verbally conveyed to the applicant, The "interior -only" permit was issued on March 9, 2021. In July of this year, Mr. Dunigan was completing the buildout of a new cookie company, when he submitted plans for a permit for an additional driveway onto the north cul-de-sac behind the building for a new drive -through window. This permit for the new curb cut was denied as it was not shown on the approved 2011 SUP site plan. The applicant then applied for an amendment to the 2011 SUP to request approval of the new, second driveway way along with the Quinchics driveway (see "Exhibit B"). In August, City Council approved the amended SUP with the existing Quinebies driveway to the north but denied the new driveway. Mr. Dunigan is now requesting an amendment to the August 2021 SUP to reconfigure the interior parking and access drives and to build a driveway that will circle around the rear of the existing building, providing access to a new drive -through window on the rear of the building (see "Exhibit C"). No new curb cut to the residential street to the east is proposed but will utilize the existing curb cut. Engineering has reviewed the proposed layout and has no objections, provided the layout is designed to minimize traffic conflicts within the site. Staff recommends approval of the request with the following condition: Drive way for drive -through must be one way only and parking lot should be marking with on -way arrows. 2, Pavement at the intersection of the two drives should be marked and signed to discourage the blocking of traffic coming from the new driveway 3. Driveway shall be aluillitnUM often (10) feet in width Please note that final occupancy approval is subject to review and acceptance of submitted plans and field inspections to verify compliance with applicable codes. Exhibits are attached. PUBLIC NOTIFICATION Notices mailed to property owners 16 Responses in Favor Responses in Opposition LEGAL DESCRIPTION FOR ORDINANCE PURPOSES Being Lots 9-13, Tract I and Lot 8, Tract 2, Block 1, Calder Highlands Addition, Beaumont, Jefferson County, Texas, containing 1.06 acres, more or less. Exhibit A -. Site plan approved. in 2011. 91 Exhibit B - Site plan from August 2021 2016 "QuericWes" driveway approved by Uty CouncN 8/2021 Cook�e company driveway denied 8/2021 Exhibit C - Current request W 54' LOT 1.3 LOT 10 ra LOT 9 tor 6 [RAMS - 50..5i C*WD10"."11 M13 6 1 1 5 1 11 M." (,,,)d U), Lo C""( �, Do q� vyq Plo, ill's 14 0--nT .2 ;k t —V RJS 20 a 20 440 scale 1 20' It, NLtwo 'If "f (.s.o 0— o, It—)) 6_01 LOT 13, ,Current site plan with Engineering Department mark-ups EAST 26.3e 69 11_.PT11�1'1171,_111,1:, TIIT�C`_�INE'Flfl` TSITT01�E,YER'FIS51 11-111, 1_11r111 -, LO_. IS THE EXIT OF I HE PROPOSED V,1fWE"JHRU EXISTING 'ENTRANCE. ONI-r DRIVEWAY APPROACH TO RRIAM WIS APPROX. LOCATION OF 'QUENCHIES'EXISTING 0 LOT 12 DRIVE-THRU UNDOWTO RUMN LOT 12 WH ZT5""Olji7 9 EMU. TURNS /11oo, 4K LOT 11 LF�71�(9113,ED ASPHTT � , T RIGHT-OF-WAY 57 ACRES 10 0flRECM01q0FP0FF1CFL0VV LOT 10 10 FOP IKE PROPOSED DMVE,THRU, NOT REPRESENTATNE OF PM-'0,,.,ED PAVEM100 MARKAGS, LOT 9 ALLEXISTIN PARKING 1 LOT 9 SPACES TOREMAIN is au s W, 4 6 OT C to 9 4B'46W, W $7.3r LOT 4 COi 3 Lot 2 I V11AjgWTA jv"MS 11071.14 jA111V 150.67 151 I V 102 1421v3z, 45.00 31-11 1 RIM, W 1� 10 12" AT N. Lot 1011 KRIM" 14S.00 12 t 7 I 14. If NO -Driqcmy J"A:' hJT 20 0 20 40 60 rrl Scale 1 20" ANALYSIS CONDITIONS FOR APPROVAL OF SPECIFIC USE PERMIT (SECTION 28-26.E, ZONING ORDINANCE) Conditions: Application Application is in is not in Comments compliance compliance Attached 1. That the specific use will be compatible with and not injurious to the use and enjoyment of other property, or significantly diminish or impair property values within the immediate vicinity; x 2. That the establishment of the specific use will not impede the normal and orderly development and improvement of surrounding vacant property; x 3. That adequate utilities, access roads, drainage and other necessary supporting facilities have been or will be provided; x 4. The design, location and arrangement of all driveways and parking spaces provides for the safe and convenient movement of vehicular and pedestrian traffic without adversely affecting the general public or adjacent developments; x S. That adequate nuisance prevention measures have been or will be taken to prevent or control offensive odor, fumes, dust, noise and vibration; x 6. That directional lighting will be provided so as not to disturb or adversely affect neighboring properties; x 7. That there are sufficient landscaping and screening to insure harmony and compatibility with adjacent property; and, X- 8. That the proposed use is in accordance with the Comprehensive Plan. x GENERAL INFORMATION/PUBLIC UTILITIES PROPERTY OWNER: Darlene Hanna LOCATION: 622 W. Lucas EXISTING ZONING: GC-MD-2 (General Conunercial-Multiple Family Dwelling-2) District PROPEPXY SIZE: EXISTING LAND USES: FLOOD HAZARD ZONE: SURROUNDING LAND USES: NORTH: Residential EAST SOUTH: WEST: Commercial Commercial Museum COMPREHENSIVE PLAN: STREETS: WATER: SANITARY SEWER SERVICE: 1.057 ac. more or less Commercial X — Area determined to be outside the 500 year flood plain. SURROUNDING ZONING: RS (Residential Single Family Dwelling) District RS GC -MD (General Commercial -Multiple Family Dwelling) District GC-MD-2 (General Connnercial-Multiple Family Dwelling-2) District Stable Area W. Lucas Drive - Secondary arterial with a 60' wide right-of-way and a 40'pavement width. Curb and gutter 2" & 8" water lines 15" sanitary sewer line PROPERTY OWNERS NOTIFIED WITHIN 200' DARN KATHY P DELACROIX DIEGO EUGENIA LLC HANNA DARLENE HIGH SENDERO PORT ARTHUR INC KOCH CRAIG & TESSA KOCH J D III MAIDA PROPERTIES LTD NEJAD FAMILY LP LTD PARIGI FAMILY LIMITED RAMIREZ MANUEL & DEJUANA REESE SHIRLEY SAFIEH MARY SMLM VENTURES LLC THOMPSON DAN & LAUREE WALKER VIRTIS DARLENE A It Case Type:Planning and Zoning Case Status: REVIEW Permit Tag Amended SUP �xCha�moAnd The �mso�ubTyp��SpeuK�Uwa t Name: Case M.PZ2O21-3O4 Cookie Factory Location: G22VVLUCASDR, BEAUM0NT.777OG Initiated On: 8/02O21 4:35:47PkJ Individuals listed nnthe record: Applicant Brian CN ' 191O2iaLSt. Beaumont, TX 77706 Property Owner Darlene Hanna 770Carolyn St. VVinnie,TX770G5 CaseType:Planning and Zoning Home Phone: 4OQ28406OG Work Phone: Cell Phone: 409284O686 Home Phone: 4OA3S34570 Work Phone: Cell Phone: 4U0363457O Page 1ofc Printed On: 8/21/2U21 Legal Description LT8&13TN1LT8TR2BLK1CALDERHIGHLANDS Number of Acres 1.06 Proposed Use Bakery That the specific use will he Yes kwill bocompatible. compatible with and not injurious tm the use and enjoyment ofother property, nor significantly diminish or impair property values within the Immediate vicinity That the establishment ufthe specific It will not use will riot impede the normal and orderly development and improvement ofsurrounding vacant property; That adequate utilities, access roads, Yes itwill beprovided drainage and other necessary supporting facilities have been orwill be provided The design, location and arrangement Yes itwill besafe ofall driveways and parking spaces provides for the safe and convenient movement ofvehicular and pedestrian tmff|o That adequate nuisance prevention Yes itwill prevented measures have been urwill bmtaken toprevent urcontrol offensive odor, fumes, dust, noise and vibration That directional lighting will bo Directional lighting will beprovided provided suasnot todisturb or adversely affect neighboring properties That there are sufficient landscaping Landscaping will bnprovided and screening toinsure harmony and compatibility with adjacent property That the proposed use is|n Yes, will buinaccordance accordance with the Comprehensive Plan Case Type: Planning and Zoning Page 2uf2 1, Darlene Hanna, are requesting to add a 10'X100' drive thru (driveway) on the back of my property that does not protrude into the city's right of way. The drive thru window will be located at 622 W. Lucas Dr., Suite B. All traffic flow will be on my property as drawn on plans. As drawn on the plans, this drive thru (driveway) will not affect the available parking spaces on this property. Hours of operation: Monday -Sunday 7:00 a.m.-7:00 p.m. Number of employees-4 No security will be needed. PZ2021-304: Request for a Revised Specific Use Permit to allow a new driveway in a GC- MD-2 (General Commercial — Multiple -Family — 2) District. Applicant: Brian Dunigan Location: 622 W. Lucas Drive in 0 100 200 1 I 1 —J Feet 4 ", At Y'A 7 ' !R A ammm,