HomeMy WebLinkAboutStaff Report DATE: 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 east. 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 Quinchies driveway(see "Exhibit B"). In August, City Council approved the amended SUP
with the existing Quinchies 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:
1. 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 a minimum of ten(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 1 and Lot 8, Tract 2, Block 1, Calder Highlands Addition, Beaumont,
Jefferson County, Texas, containing 1.06 acres, more or less.
Exh t A Site plan
approved in 2011 .
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\ E iibit B - Site plan
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EXHIBIT"B"
Exhibit - Current request
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EXISTING PAVEMENT TO BE PAINTED IN A MANNER TO
DISCOURAGE OUENCHIES'CUSTOMERS FROM BLOCKING
`0T 1 3 LOT 13' THE EXIT OF THE PROPOSED DRIVE-THRU
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LOT 12 'QUENCHIES'EXISTING LOT I? ` '� 1
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LOT 1 O DIRECTION OF TRAFFIC FLOW
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ANALYSIS
CONDITIONS FOR APPROVAL OF SPECIFIC USE PERMIT
(SECTION 28-26.E,ZONING ORDINANCE)
Application Application
is in is not in Comments
compliance compliance Attached
Conditions:
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
5. 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 Commercial-Multiple Family
Dwelling-2) District
PROPERTY SIZE: 1.057 ac. more or less
EXISTING LAND USES: Commercial
FLOOD HAZARD ZONE: X — Area determined to be outside the 500 year
flood plain.
SURROUNDING LAND USES: SURROUNDING ZONING:
NORTH: Residential RS (Residential Single Family Dwelling) District
EAST: Commercial RS
SOUTH: Commercial GC-MD (General Commercial-Multiple Family
Dwelling) District
WEST: Museum GC-MD-2 (General Commercial-Multiple Family
Dwelling-2) District
COMPREHENSIVE PLAN: Stable Area
STREETS: W. Lucas Drive - Secondary arterial with a 60'
wide right-of-way and a 40'pavement width.
DRAINAGE: Curb and gutter
WATER: 2" & 8" water lines
SANITARY SEWER SERVICE: 15" sanitary sewer line
PROPERTY OWNERS NOTIFIED WITHIN 200'
DAHN 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
I'Z2021-304: Request for a Revised Specific Use Permit to allow a new driveway in a GC- N
1 D-2 (General Commercial—Multiple-Family—2) District.
• pplicant: Brian Dunigan
I ocation: 622 W. Lucas Drive
0 100 200
1 1 I I Feet
i U W � a . -- 441.011- Legend
R S. 304
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