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Home My WebLink About2334-P DATE: April 16, 2018 TO: Planning Commission and City Council FROM: Chris Boone, Director of Planning and Community Development SUBJECT: Consider a request for a Specific Use Permit to allow a daycare facility in a GC-MD-2 (General Commercial - Multiple Family Dwelling - 2) District. FILE: 2334-P ___ STAFF REPORT Stephen West is requesting a Specific Use Permit to allow a daycare center in the 6300 block of Delaware Street. Mr. West states the facility will provide care for a maximum of 295 students and be staffed by a maximum of 48 employees. The largest shift would require 20 employees be onsite. Hours of operation will be Monday thru Friday, 6a.m. to 6:30p.m. and a concierge service will be utilized for drop off and pick up times, to assist in efficient use of parking areas and driving lanes. Staff recommends approval with the following conditions: 1. Plans must show three (3) required ADA parking spaces, one being van accessible, as well as access isles and the required ramp for access to the structure. 2. Landscaping shall be installed along the perimeter of the parking area at the right-of-way along with required parking islands to meet City of Beaumont regulations. 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 12 Responses in Favor Responses in Opposition LEGAL DESCRIPTION FOR ORDINANCE PURPOSES Being a 1.5000 acre tract or parcel of land situated in the Hezekiah Williams Survey, Abstract No. 56, Jefferson County, Texas and being out of and part of the remainder of that certain called 209.2045 acre tract of land as described in a "Special Warranty Deed" from Amoco Production Company to Delaware Extension Development, Ltd. as recorded in Clerk's File No. 2000047669, Official Public Records of Real Property, Jefferson County, Texas, said 1.5000 acre tract being more particularly described as follows: NOTE: All bearings are referenced to the West line of that certain called 3.0248 acre tract conveyed to BGN2, Inc. as SOUTH 03°33'37" EAST as recorded in Clerk's File No. 2010006437, Official Public Records of Real Property, Jefferson County, Texas. All set 5/8" iron rods set with caps stamped "M.W. Whiteley & Associates". BEGINNING at a scribed "X" in a concrete drive found for Southeast corner of the remainder of the said 209.2045 acre Delaware Extension Development, Ltd. tract, and being the Southwest corner of the remainder of that certain called 3.0248 acre tract of land as described in a "Special Warranty Deed" from Talisman Development, Inc. to BGN2, Inc. as recorded in Clerk's File No. 2008024491 and Clerk's File No. 2010006437, Official Public Records of Real Property, Jefferson County, Texas and said corner being in the North right-of-way line of Delaware Street (based on a width of 100 feet); THENCE SOUTH 86°37'09" WEST, along and with the North right-of-way line of Delaware Street, for a distance of 92.79 feet to a 5/8" iron rod found for corner, said corner being the beginning of a curve turning to the left having a radius of 3120.88 feet and being subtended by a chord bearing of SOUTH 85°34'42" WEST having a chord length of 130.58 feet; THENCE WESTERLY, continuing along and with the North right-of-way line of Delaware Street and said curve, for an arc length of 130.59 feet to a 5/8" iron rod set for corner; THENCE NORTH 03°33'37" WEST, over and across the remainder of the said 209.2045 acre Delaware Extension Development, Ltd. tract and parallel to the East line of the remainder of the said 209.2045 acre Delaware Extension Development, Ltd. tract, for a distance of 306.69 feet to a 5/8" iron rod set for corner, said corner being in the South line of that certain called 3.108 acre tract of land being called the Dowdel Ditch as described in a "Donation Deed" from Delaware Extension Development, Ltd. to Jefferson County Drainage District No. 6 as recorded in Clerk's File No. 2003050607, Official Public Records of Real Property, Jefferson County, Texas and said corner being the beginning of a curve turning to the left having a radius of 760.00 feet and being subtended by a chord bearing SOUTH 87°34'40" EAST having a chord length of 157.29 feet; THENCE EASTERLY, along and with said curve and the boundary between the tract herein described and the said 3.108 acre Jefferson County Drainage District No. 6 tract, for an arc length of 157.57 feet to a 1/2" iron rod found for corner; THENCE NORTH 86°24'40" EAST, continuing along and with the boundary between the tract herein described and the said 3.108 acre Jefferson County Drainage District No. 6 tract, for a distance of 66.93 feet to an iron rod with a Jefferson County Drainage District No. 6 aluminum cap found for corner, said corner being the Southeast corner of the said 3.108 acre Jefferson County Drainage District No. 6 tract and the Southwest corner of that certain called 2.6259 acre tract of land as described in a "General Warranty Deed" from Talisman Development, Inc. to Jefferson County Drainage District No. 6 as recorded in Clerk's File No. 2007006342, Official Public Records of Real Property, Jefferson County, Texas and the Northwest corner of the remainder of the said 3.0248 acre BGN2, Inc. tract; THENCE SOUTH 03°33'37" EAST, along and with the boundary between the tract herein described and the remainder of the said 3.0248 acre BGN2, Inc. tract, for a distance of 288.66 feet to the POINT OF BEGINNING and containing 1.5000 Acres, more or less. 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 APPLICANT: Stephen West PROPERTY OWNER: Sam C. Parigi, Jr. LOCATION: 6300 Block of Delaware Street EXISTING ZONING: GC-MD-2 (General Commercial - Multiple Family Dwelling-2) PROPERTY SIZE: 1.5 acres, more or less EXISTING LAND USES: Vacant FLOOD HAZARD ZONE: “X” - Areas determined to be outside 500-year floodplain SURROUNDING LAND USES: SURROUNDING ZONING: NORTH: Drainage GC-MD-2 (General Commercial - Multiple Family Dwelling-2) EAST: Commercial PUD (Planned Unit Development) SOUTH: Vacant A-R (Agricultural - Residential) WEST: Vacant GC-MD-2 (General Commercial - Multiple Family Dwelling-2) COMPREHENSIVE PLAN: Neighborhood Growth Unit STREETS: Delaware Street westbound - Major Arterial with a 100' right-of-way and 26' pavement width. DRAINAGE: Curb and gutter WATER: 6" and 8" water lines SANITARY SEWER SERVICE: 12" and 8" sanitary sewer lines PROPERTY OWNERS NOTIFIED WITHIN 200 FEET BAUMGARTNER VICKI BGN2 INC DELAWARE EXTENSION DEVELOPMENT ELGAR KEVIN HANNING DANA JR & AMBER HILCORP ENERGY ILP JEFFERSON COUNTY D D 6 NULL RAYMOND A & RONDA R PATEL JAYESH RADCLIFFE BRIAN P & LYNETTE J