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Home My WebLink About1397-Pri DATE: March 16,1998 TO: Planning Commission and City Council FROM: Stephen C. Richardson, Planning Director SUBJECT: Consider an application for a specific use permit to allow a restaurant in a NC (Neighborhood Commercial) District, FILE: 1397-P STAFF REPORT This application is in compliance with seven of the eight conditions necessary for approval, Mr. George Diamantis wishes to open a restaurant at the southwest corner of Franklin and Avenue C in an existing building, The property concerned (three lots) was rezoned from RM- H to NC on October 28, 1997. The applicant states that his restaurant will provide seating for 55 to 60 patrons, He will employ five persons. The parking lot area is partially paved. Mr. Diamantis is requesting a modification of the landscaping/screening requirements. If this application is approved as submitted, a modification to the landscaping requirements will need to be approved. Exhibits are attached. LEGAL DESCRIPTION FOR ORDINANCE PURPOSES All of Lots 1, 2 and 3, Block 3, Blanchette 2nd Addition to the City of Beaumont, Jefferson County, Texas, containing 0,482 acres, more of less. PUBLIC NOTIFICATION Notices mailed to property owners 17 Responses in Favor . Responses in Opposition 6 �,. .- ,, �..,�-.°�d� � �� ,� ,. rw., o /r j .�, 9 'FILE 1397-P: Request for a Specific Use Permit to allow a restaurant to open and operate NORTH in an NC (Neighborhood Commercial) District. Location: 1625 Franklin St. at Ave. C. A Applicant: George Diamantis, ACALF SUBJECT ANALYSIS CONDITIONS FOR APPROVAL OF SPE CIF IC USE PERMIT (SECTION 30-26.E, ZONING ORDINANCE Application Application is in is not in Conimetis Compliance Compliance Attached CONDITIONS: 1, 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 ?nd 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 convergent 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 io insure harmony and compatibility with adjacent property; and x x & That the proposed use is in accordance with the Comprehensive Plan. x ANALYSIS continued This application is in compliance with seven of the eight required conditions. Comments on Conditions I and 7 follow: I This property along with other lots along Franklin and Avenue C and Avenue D was rezoned to NC in 1997. A new grocery store will be constructed at the northeast comer of this intersection in the very near future. A strip retail center and auto repair service shop already exists on the north side of Franklin between Avenues C and D. This proposed restaurant will be compatible in the neighborhood, 7. 'W Diamantis is requesting a modification of the land scaping/screening requirements. He proposes constructing a 6' tal I wood privacy fence only along the south 4 7' of the east property line, along the entire length of the south property line, and along the entire length of the west property line, There is an existing 4' tall picket fence along the north property line and the north 72' of the east property line and asphalt pavement is in place up to these same property lines, The Zoning Ordinance would require an 8' tall solid privacy fence and a 10' wide planted buffer along the south and west property lines. In addition, the parking areas would require 6'wide landscape strips along street frontages. According to the site plan, requirement of additional landscaping would impact the parking layout. GENERAL INFORMATION/PUBLIC UTILITIES APPLICANT: PROPERTY OWNER: LOCATION: LEGAL DESCRIPTION: EXISTING ZONING: PROPERTY SIZE: EXISTING LAND USES: FLOOD HAZARD ZONE: George Diamantis George Diamantis 1625 Franklin at Avenue C Lots 1-3, Block 3, Blanchette 2nd Addition NC (Neighborhood Commercial) District 0.482 acres Commercial building and parking lot "C" - Minimal flood hazard GENERAL INFORMATIONIPUBLIC UTILITIES continued SURROUNDING LAND USES: SURROUNDING ZONING: NORTH: Commercial, retail, repair services NC (Neighborhood Commercial) District EAST: Vacant commercial lot, residences NC (Neighborhood Commercial) and RM-H (Residential Multiple Family Dwelling -Highest Density) District SOUTH: Residences, vacant lot RM-H WEST: Garage apartments, residence RM-H COMPREHENSIVE PLAN: Conservation and Revitalization OTHER PHYSICAL FEATURES: STREETS: DRAINAGE: WATER: SANITARY SEWER SERVICE: FIRE PROTECTION: ADEQUACY OF SERVICE: None Franklin Street is an arterial from the Central Business District to M,L.K. Parkway. It has a 60'wide right-of-way at Avenue C with a 30' wide pavement. Avenue C has a 60'right-of- way and a 30'wide pavement. There are storm sewers in Franklin and Avenue C. There are water lines in Franklin and Avenue C. There is a 24" sanitary sewer in Avenue C. Fire protection is provided by Station # 1, 747 College Street, Services and utilities are adequate.