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Home My WebLink About1435-PDATE: December 21, 1998 TO: Planning Commission and City Council FROM: Stephen C. Richardson, Planning Director SUBJECT: Request for a specific use permit to allow a food service business in an RCR (Residential Conservation and Revitalization) District, also in the Oaks Historic District, at 2306 Hazel and Seventh Street. FILE: 1435-P STAFF REPORT The applicant, Brad Nelson, is a chef and has requested the specific use permit to open a gourmet delivery and take-out food service. He is also a caterer. He will use the vacant house next door to the former grocery store at Hazel and Seventh for an office and catering storage. All cooking and food preparation will take place in the brick store building. He plans to be open from Tuesday through Saturday, 9 a.m. to 10 p.m. There will be two delivery drivers and two kitchen employees. This property (two platted lots) was originally zoned RS (Residential Single Family Dwelling) District. The Baker Sav-Way was constructed shortly after World War 11, prior to the 1955 Zoning Ordinance. The two lots were rezoned by City Council to RCR (Residential Conservation and Revitalization) in December, 1995. The applicant in that case had requested an NC (Neighborhood Commercial) designation for a proposed mortgage company. The NC zone allows mortgage companies. The RCR designation requires a specific use permit. The store has been vacant several years. This is the first specific use permit request for the property since it was rezoned. The property was abutting to but not within the Old Town Rezoning Study conducted in 1989. It became part of the Oaks Historic District in 1993. If this specific use permit is granted, a waiver or modification to the landscape regulations will need to be addressed. Exhibits are attached. Notices mailed to property owners 18 Responses in Favor Responses in Opposition LEGAL DESCRIPTION FOR ORDINANCE PURPOSES Being all of Lots 27 and 28, Block 18, Averill Addition to the City of Beaumont, Jefferson County, Texas, including 1/2 of the abutting abandoned alley right-of-way, containing 0.344 acres of land, more or less. TO: THE PLANNING Cbi-v-,r,ujuiiiN AND CITY COUNCIL, CITY OF BEAUMONT , TES,; FROM : BRAD NELSON RE: SPECIFICUSE PERMIT ON LOT 27 AND LOT 28, BLOCK 18, BEAUMONT TEXAS LOT 27 AND LOT 28 ARE CURRENTLY OWNED BY JOHN GORDON. LOT 27 IS A VACANT LOT WITH GRASS AND TREES LINING THE ADJACENT PROPERTY LINES. LOT 28 HAS A WOOD FRAMED HOUSE AND A BRICK BUILDING THAT WAS BUILT SOME TIME IN THE FORTIES. THE BRICK BUILDING WAS ORIGINALLY A BUTCHER SHOP /+GROCERY STORE. LATER, THE BAKERS, WHO BUILT THE BUILDING AND HOUSE, TURNED THE BUTCHER SHOP INTO A HEALTH FOOD STORE, JOHN GORDON PURCHASED THE BUILDING FROM THE BAKERS IN 1983 AND TURNED IT INTO A. CUSTOM JEWELRY DESIGN STUDIO. JOHN GORDON PURCHASED THE HOME AFTER MRS. BAKER DIED AND USED THE HOUSE AS A RENTAL PROPERTY. THE HOUSE HAD A SMALL FIRE IN DECEMBER OF 1997 AND HAS BEEN VACANT SINCE THE FIRE. I AM SEEKING A SPECIAL USE PERMIT TO PUT IN A GOURMET FOOD PICK UP AND DELIVERY BUSINESS AND BE THE HOME BASE FOR A CATERING BUSINESS. PROJECTED HOURS OF OPERATION ARE 9 A.M. TO 10 P.M TUESDAY THROUGH SATURDAY. THE BULK OF MY BUSINESS WILL BE DELIVERY AND I PLAN TO HAVE TWO DELIVERY PEOPLE. THE KITCHEN WELL HAVE TWO EMPLOYEES. LOT 27 WILL BE USED AS PARKING LOT THAT WILL HOLD 13 SPACES AND I HANDICAP SPACE. I WILL PUT IN A SIX FOOT PRIVACY FENCE ALONG THE ADJACENT PROPERTY LINES, AS WELL AS A FIVE FOOT WIDE NATURAL STRIP ALONG THE FENCE. THE NATURAL STRIP WILL CONSIST OF EXISTING TREES AND SHRUBBERY. ON THE LEFT SIDE OF THE DRIVEWAY CUT THERE WILL BE A TWELVE AND A HALF FOOT LANDSCAPED RAISED BED. LIGHTING THE PARKING LOT WILL BE DONE BY ADDING SMALL HALOGEN LIGHTS TO THE EXTERIOR OF THE BUILDING AND UNDER THE EAVE OF THE HOUSE. THE LIGHTS WILL BE PLACED 80 THEY WILL NOT LIGHT THE NEIGHBORS YARD. THE PARKING LOT WILL BE PAVED AND GRADED SO THAT IT WILL DRAIN INTO THE STREET. THE ENTRANCE AND EXIT WILL BE ON HAZEL STREET UTILIZING THE SAME TWENTY FOUR FOOT DRIVE WAY CUT.. THE KITCHEN WILL BE PROPERLY VENTED WITH HOOD VENTS THAT ARE TO HEALTH AND FIRE CODES. THE DUMPSTER WILL BE PLACED BETWEEN THE BUILDING AND THE HOUSE WITH A FENCE IN FRONT FOR APPEARANCE. THE GREASE TRAP WILL BE PLACED OUTSIDE IN THE GROUND TO HEALTH CODE. THE HOUSE I WILL USE FOR CATERING STORAGE AND MY OFFICE. THIS HOUSE WILL NEED RENOVATING. T RF.T JEVE THE ORIGINAL OWNERS, THE BAKERS, BOUGHT LOT 27 TO PUT IN A PARKING LOT BUT NEVER GOT TO IT. LOT 27 AND LOT 28 CURRENTLY ARE ATTRACTING TRANSIENTS AND, RANDOM ACTS OF VANDALISM. WINDOWS ARE BEING BROKEN, WINE AND LIQUOR BOTTLES ARE STREWN ABOUT ETC. I FEEL THAT MY BUSINESS WILL BE A GREAT ADDITION TO THE NEIGHBORHOOD AS WELL AS THE COMMUNITY. BRAD NELSON 2255 HARRISON BE'AUMONT, TX 833-5290 I*-t'le lip th is, , 1 '.._ FILE 1435-P: Request for an S.U.P. to allow a %oil service to operate in an DCD NORTH (Residential Consei-vation Devitalization.) District within the Oaks flistoric District. Location: 2306 Haael Ca? 7th Applicant, Brad Nelson 1 "20 �r=zoos to OR AV LOR ! tT i fV y � ASHLEY AVE. f r • rs ' rt rr rr r t I r t s • t r /6 M rf rr i rr to rr of ' to tt tar is to " tV tr , is 1"1 r � � 50 w M . � y� y� . y 50, LONG AVE. 1.: rt rf rr rt rr to } tr tt to tAr OR fv tr M ,/44V, 300 HARRISON AVE. y ♦ 1.0 rt rr i rar `/° r k V rt • ' t t I r I rt l rf rr I to I . to ill I" I tt It.. 11 ON r�HAZEL AVE. qp Ap � tf <F't . tr� • a t! tr S?191, I to rl � 1 ILA 'NORTH STREET a " Ar to It to r t. r t ! • ! r I .l e � r I I I /0 I rfT- V,ttif$ ra its io ° I t�ra ut rr r0 r t r f t +r � X t r$ rV a W Ir to rt tf ' tr tt tt t• OR , ,V10N 1 I a r w w e- I� 1av « I rt rt rr a t t r• rt rr rr I rr to t• Art t �l+ 3D ,A E '.lC1 �y 220 I $.9r so • rr w C . M1 Y �! Y a ♦. `I C �M1 08 is it rr ,11f r t r t t ♦ .! t r` •9 7r SUBJECT tr agr r R- �w r GA S r N .rs /I rr /f lip to It tt � t! IV is I +rJ r �'1v � Y � "� w' A • r a Y r ! e w dj�� rl AR rr �o r` t• r t! t t r II r ANALYSIS CONDITIONS FOR APPROVAL OF SPECIFIC USE PERMIT (SECTION 30-26.E, ZONING ORDINANCE Application Application is in is not in Conlylerts Compliance Compliance Attached CONDITIONS - I , That the specific use will be compatible with and not injurious to the use and enjoyment of other property, nor significantly diminish or impair property values within the immediate vicinity; x 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 x 8. That the proposed use is in accordance with the Comprehensive Plan. x x ANALYSIS continued The application is in compliance with seven of the eight conditions necessary for approval Comments on Conditions 1, 7 and 8 follow: 1. This property has been vacant for some time. 'The store building was originally constructed for a grocery store and butcher shop. The original owners lived next door to the store in the small frame house facing Seventh Street. There are mixed uses in this neighborhood. The BISD constructed the Taylor Career Center on the site of the former Averill Elementary School after receiving a specific use permit from City Council in 1986. The facility is a vocational training school bound by 7th Street, Hazel and North. It is zoned RCR (Residential Conservation and Revitalization). This is directly south of the subject property, There are apartments located on the northeast corner of Hazel and 7th in an RM-H (Residential Multiple Family Dwelling -Highest Density) District, Land to the north and west is a fully developed single family neighborhood. The Traffic Division has approved the proposed off-street parking for the site. A parking lot will be constructed on Lot 27 which lies west of the store and house. 7. The applicant has requested a modification to the required perimeter fencing and landscaping. He proposes a 6' high fence and a 5' wide "natural strip" (landscaping) along the fence on the west and north property lines. The regulations require an 8' fence and a 10' wide planted landscape buffer with 6' tall trees planted every 25' along the buffer. Section 30-31 (b) 3. allows modifications if granted by City Council. 8. This part of town is listed in the Comprehensive Plan as an area of Conservation and Revitalization. The RCR District allows specific use permits for various retail and office land uses if the non-residential use would aid in preservation of the neighborhood while remaining compatible to and protective of the established residential areas. GENERAL INFORMATION/PUBLIC UTILITIES APPLICANT: Brad Nelson PROPERTY OWNER: John Gordon STATUS OF APPLICANT: Prospective buyer GENERAL INFORMATION/PUBLIC UTILITIES continued LOCATION: 2306 Hazel at 7th Street LEGAL DESCRIPTION: Lots 27 and 28, Block 18, Averill Addition, plus half abutting abandoned alley. EXISTING ZONING: RCR (Residential Conservation and Revitalization) District PROPERTY SIZE: 0.34 acres EXISTING LAND USES: Vacant store building and residence FLOOD HAZARD ZONE: "C" - (Minimal Hazards) SURROUNDING LAND USES: SURROUNDING ZONING: NORTH: Residential RS (Residential Single Family Dwelling) District EAST: Apartments RM-H (Residential Multiple Family Dwelling -Highest Density) District SOUTH: BISD vocational school RCR (Residential Conservation and Revitalization) District with a specific use permit WEST: Residential RS COMPREHENSIVE PLAN: Conservation and Revitalization OTHER PHYSICAL The store was constructed prior to zoning. FEATURES: There are two parallel parking spaces inside the 7th Street right-of-way on the east side of the building. The house at 849 7th Street is behind and north of the vacant store building. The house was the home of the original Baker's Grocery Store owner, The house suffered fire damage in 1997 and is now vacant. STREETS: Hazel Avenue is a 60' wide residential street right-of-way with a 30' wide pavement with sidewalk. Parking is allowed on both sides of the street, but not within 30' of an intersection. Seventh Street is a 60' wide collector street, also having a 30' pavement. Parking is allowed on the left side only. The Major Street and Highway Plan recommends a pavement 36' wide. GENERAL INFORMATION/PUBLIC UTILITIES continued DRAINAGE: There is a 27" storm sewer in Hazel and a 24" in 7th Street. WATER: SANITARY SEWER SERVICE: ADEQUACY OF SERVICE: There is a 6" water line in Hazel and a 24" in 7th Street. There is an 18" sanitary sewer in 7th Street and a 6" sewer in the abandoned alleyway. Fire protection is provided by Station V, 1700 McFaddin. Services and utilities are adequate,