HomeMy WebLinkAbout2369-ZP
DATE: December 17, 2018
TO: Planning Commission and City Council
FROM: Chris Boone, Director of Planning and Community Development
SUBJECT: Consider a request for a Rezoning from RS (Residential - Single Family
Dwelling) to GC-MD-2 (General Commercial - Multiple Family Dwelling - 2)
and a Specific Use Permit to allow a General Merchandise Store.
FILE: 2369-Z/P
STAFF REPORT
James Kirk Farrelly has requested a rezoning from RS (Residential - Single Family Dwelling) to
GC-MD-2 (General Commercial - Multiple Family Dwelling - 2), along with a Specific Use
Permit to allow a general merchandise store at 2170 S. Major Drive. Mr. Farrelly would like to
construct a 9,100 square foot Dollar General retail store on this property. This property, and the
surrounding properties, are zoned RS (Residential - Single Family Dwelling). In order to avoid a
spot zoning issue, the applicant has submitted an application for rezoning of the property to the
north. This will create contiguous commercial zoning from the intersection of Washington Blvd.
and S. Major Drive. At the same time, the requested GC-MD-2 (General Commercial - Multiple
Family Dwelling -2) zoning allows a degree of protection for remaining residential properties to
the west and south.
The proposed Dollar General Store does not meet parking requirements. The applicant has
submitted a separate Special Exception application for reduced parking. This application would
need to be approved by the Zoning Board of Adjustment. In addition, the attached site plan does
not appear to provide sufficient landscaping in some areas to meet ordinance requirements.
Staff recommends approval with the following conditions attached to the Specific Use Permit:
1. Special Exception for reduced parking from 46 to 30 spaces must be approved by the Zoning
Board of Adjustment.
2. Driveway must be approved by TXDOT.
3. ADA compliant sidewalk must be installed across the front of the property, or applicant must
obtain a sidewalk waiver from the Planning Commission.
4. Landscaping must meet City of Beaumont Ordinance requirements.
5. At such time the west portion of the property is developed, an eight (8) foot wood or masonry
privacy fence and ten (10) foot landscaped buffer must be installed for that portion of the
property.
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 19
Responses in Favor Responses in Opposition
LEGAL DESCRIPTION FOR ORDINANCE PURPOSES
Being Lot 3, Tract 1, Block 7, Wescalder Fig Acres Addition, Beaumont, Jefferson County, Texas,
containing 3.93 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: James Kirk Farrelly of Capital Growth Buchalter,
Inc.
PROPERTY OWNER: Nash & Roger, L.L.C.
LOCATION: Just north of 2170 S. Major Drive
EXISTING ZONING: RS (Residential Single Family Dwelling)
PROPERTY SIZE: ~2.3 acres, more or less
EXISTING LAND USES: Vacant
FLOOD HAZARD ZONE: X – Area determined to be outside the 500
year floodplain.
SURROUNDING LAND USES: SURROUNDING ZONING:
NORTH: Commercial/Residential GC-MD (General Commercial Multi-Family
Dwelling) / RS (Residential Single Family
Dwelling)
EAST: Residential GC-MD-2 (General Commercial Multi-Family
Dwelling-2)
SOUTH: Residential RS (Residential Single Family Dwelling)
WEST: Residential RS
COMPREHENSIVE PLAN: Stable Area
STREETS: Major Drive – Major Arterial street with a 140'
right-of-way and 68’ pavement width.
DRAINAGE: Curb and Gutter
WATER: 6" water line
SANITARY SEWER SERVICE: 10" Sanitary sewer line
PROPERTY OWNERS NOTIFIED WITHIN 200 FEET
BUTAUD SHARON
CARAWAY THOMAS B
CAREY SANDRA MARTIN
CHEVIS RONALD
COLBERT DONALD K SR & LINDA T
COLLIER RICHARD F & MARY L
DARKINS CLIFTON JR
EROS ENTERPRISES INC
FERGUSON ROBERT E & MARY A
HAN MEI &
NASH & ROGER LLC
PASCHAL FRANK F
PASCHAL MARTHA
RICHARD LARRY
RILEY JAMES C
SO KIM LEANG
STAGG F R & MILDRED ESTATE
UDI PROPERTY
ZHENG TAN & MEI HAN