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1357-P
DATE: April 21, 1997 TO: Planning Commission and City Council FROM: Stephen C. Richardson, Planning Director SUBJECT: Consider an application for a specific use permit in the NC (Neighborhood Commercial)District to allow a retail refreshment stand at 1390 Brockman at Avenue ccx). FILE: 1357-P STAFF REPORT The Planning Director recommends approval of the specific use permit. The application is in compliance with the eight conditions necessary for approval. The applicant wishes to lease his property to an operator who will sell snowcones, hotdogs, nachos, soft drinks and Frito pies. The lot at the northeast corner of Brockman and Avenue "A!' was rezoned from RS (Residential Single Family Dwelling) District to NC (Neighborhood Commercial) District in 1994. Exhibits are attached. PUBLIC NOTIFICATION Notices Mailed to Property Owners: 25 Responses in Favor: Responses in Opposition: LEGAL DESCRIPTION FOR ORDINANCE PURPOSES ON PROPERTY DESCRIBED AS FOLLOWS: Lot 6, Block 1, Brockman Addition and having 0.132 acres, more or less. City of Beaumont To whom it may concern I` Claude Conner have future plains to open a concession stand at the address of 1390 Avenue A @ Brockman, J presently have a building at this location. In my concession stand I will sell snow cones, hot dogs, nachos, and Frito pies. Due to the area being rezoned to commercial this will allow me to open my business. I feel that my business will be successful due to the fact that there are children in the neighborhood, and that Ave, () is a some what busy street, and there is a store across the street. (f -Z: ��- � f Z) �� I I Ft ACE, 7R�EE5 61 NC P 1251 - MutpEv t-:AST me, 24 -b t-A (lilt m ,5 L -r E P4 JN m Fl L LF 1, L yr 2-0 m VIZXINNG� R r— 41 30 [Applicant:Clau tl0 77 ILE 1357-P: Request far a Specific Use Permit to allow a refreshment stand in the NC eighborhood. Commercial) District, 0 oratian: 130 Brockman Avenue A, Lot 6, Block 1 of the Brockman Additionntaining 0.132 acres, more or less. de Conner GILLS SCHOOL I ■© b rl M I a .' Ids T r! XO Xr 11 so �o Z MINION r v W z W r+ „> `-• 4 0rs 14 rrr At J7 a J! xo' Xr jr' Q z G u� Jr JO ! ! 7 ! ! J7 J! • J '... X J . 0 ' ♦ rs r! Jf AV A .50 yQ 0 rs M W } 4 > N W = s ° ° " R1 N Q t i NORTH ]'Igo � J' SCALE t "=200' Al rwCHUidC,N sr so - CHURCH, STw 8 59 t r ! ! ro J! w Jt r JJ 10 s Q JX JJ P/ 1Ar r .. ?O 50 , PIPKIN. ST. s r t X J r X s I ! ! 59 ra ! ! t E1 JY � 7 67 67 JJ N r9 r! °P M 58 XI XJ XX !r XD b 67 67 s +° . � M h tv ^� a. I lrBJECT BR©CKMAN STw �WyI �i LU Q WI < �(a' YJ cc 01 49 Z �A � M t� ,�� I/ ° 'VY/ fj� fJ '�J!s Fy M V " sy 9 �py ,. ft I ° ° 7- . t° . i ANALYSIS continued This application is in compliance with the eight conditions necessary for approval of a specific use permit. Comments on items 1,7 & 8 follow: 1. This lot was originally zoned R-3 (Modified Two -Family and Multiple -Dwelling) District. The existing commercial uses in the neighborhood were built before original zoning in 1955 or during the period of time between 1955 and 1981, when the R-3 district was put on hold. The subject lot was changed from RS to NC, in 1994 at the request of the owner. The former tavern north of the subject lot is now vacant. There is a drive-in convenience store at Avenue "N' and Brockman, directly across the street from the proposed refreshment stand. All the lots along Avenue "N' from Brockman North to Edwin are zoned NC (Neighborhood Commercial). Other land uses in the general vicinity include a closed church, auto repair shop, vacant lots and residences. Grocery stores are a permitted use in the NC district, but a refreshment stand is permitted only with a Specific Use Permit, The house at the southeast corner of Brockman and Avenue "A" fronts on Avenue "N'. The house east of the site is fronting Brockman. The proposed refreshment stand will be compatible with and not injurious to the nearby lots in the immediate area. 7. The proposed 8' screening fence and planting of trees along the east property line will buffer and screen the refreshment stand from the RS district. The site is exempt from all other screening requirements, 8. This area is classified as an area of conservation and revitalization. The refreshment stand will put the lot in question to a commercial use which will serve the neighborhood. The 50' x 115' lot is not large enough for substantial commercial development and the NC district limits the size of any development. GENERAL INFORMATION/PUBLIC UTILITIES PROPERTY OWNER: STATUS OF APPLICANT: Claude Conner Nellie Morreale Estate Prospective Buyer 1390 Brockman at Avenue "A" EXISTING ZONING: NC (Neighborhood Commercial) ANALYSIS CONDITIONS FOR APPROVAL OF SPECIFIC USE PERMIT (SECTION 30-26.E, ZONING ©RDINANCIIi Application is in Compliance 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 2. That the establishment of the specifie use will not impede the normat 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 5. That adequate nuisance prevention measures have been or will be taken to prevent or control offensive odor, furnes, dust, noise and vibration; x 6. That directions] lighting will be provided so as not to disturb or adversely affmt neighboring properties; x 7. That there are sufficient landscaping and screening to insure harmony and compatibility with adjacent property; and S. That the proposed use is in accordance with the Comprehensive Plan. x Application is not ill CAxymnents Compliance Attached x x GENERAL INFORMATION/PUBLIC UTILITIES continued PROPERTY SIZE: 0.132 acres EXISTING LAND USES: Lot, 12" x 24' metal building FLOOD HAZARD ZONE: "C" - (Minimal) SURROUNDING LAND USES: SURROUNDING ZONING: NORTH: Vacant commercial building NC (Neighborhood Commercial) District EAST: Residence RS (Residential Single Family Dwelling )District SOUTH: Residence RS WEST: Convenience store NC COWREHENSIVE PLAN: Conservation and Revitalization OTHER PHYSICAL FEATURES: None STREETS: Avenue "A" is a secondary arterial. It has a 60' right-of-way and a 20' pavement, Future plans call for widening the right-of-way and pavement. Brockman is a 42' wide residential right-of-way and the pavement is presently being widened from 18'to 241. DRAINAGE: There is an open ditch in Avenue "A" on the east side of the street, and storm sewers are presently being constructed in the Brockman Street right-of-way. WATER: There are 8" water lines in Avenue "A" and in Brockman. SANITARY SEWER SERVICE: There is a 6"' sanitary sewer in the alley at the rear of the subject lot and a 6" line in Avenue CW. FIRE PROTECTION: Fire protection is provided by Station #3, Kenneth at Brockman. ADEQUACY OF SERVICE: Services and utilities are adequate.