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Home My WebLink About2281-ZP DATE: February 20, 2017 TO: Planning Commission and City Council FROM: Chris Boone, Director of Planning and Community Development SUBJECT: A request for a rezoning from A-R (Agricultural - Residential) and GC-MD-2 (General Commercial - Multiple Family Dwelling - 2) District to GC-MD-2 and RS (Residential Single Family Dwelling) Districts, and a Specific Use Permit to allow a retail shopping center with restaurants on the GC-MD-2 portion of the property. FILE: 2281-Z/P ___ STAFF REPORT Staff recommends approval with the following conditions: 1. Driveways are subject to approval from TxDOT. 2. A sidewalk must be provided along Major Drive. 3. A buffer, and 8 ft wood or masonry privacy fence, must be provided along the east side of the shopping center, where the project will abut a newly rezoned residential zoning district. 4. Must provide drainage plans along with hydraulic analysis and receive approval of the plan from City Engineering, Drainage District # 6, and TxDOT. Zulag Properties, L.L.C. would like to construct a retail shopping center, and single family residential development, on the property located to the east of Major Drive and north of Village Drive. In March of 2014, a memory care facility looking to locate on the property, rezoned the west half of the property to GC-MD-2. The memory center was not developed at this location and the property has remained vacant. Rezoning the west half of the property to GC-MD-2 would allow it to develop in a manner similar to other properties bordering Major Drive. Rezoning the east half of the property to RS will allow the construction of single family homes. This will match development to the east of the property. The proposed shopping center would consist of a 35,750 sq. ft. building and 216 parking spaces. The proposed tenants would include retail shopping, offices, and restaurants. 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 40 Responses in Favor Responses in Opposition LEGAL DESCRIPTION FOR ORDINANCE PURPOSES Being Tract 82-A, plat SP-1, H. Williams Survey, Abstract 56, Beaumont, Jefferson County, Texas, containing 8.66 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 X X be provided; 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 X property; and, 8. That the proposed use is in accordance with the Comprehensive Plan. X ANALYSIS COMMENTS: 3. Drainage plans have not been submitted. GENERAL INFORMATION/PUBLIC UTILITIES APPLICANT: Zulag Properties L.L.C. PROPERTY OWNER: Muhammad Kapadia LOCATION: The east side of North Major drive, just north of Village Drive EXISTING ZONING: A-R (Agricultural Residential) District and GC-MD-2 (General Commercial - Multiple Family Dwelling - 2) PROPERTY SIZE: ~8.66 acres EXISTING LAND USES: vacant 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), GC-MD (General Commercial-Multiple Family Dwelling) and GC-MD-2 (General Commercial-Multiple Family Dwelling-2) EAST: Residential RS SOUTH: Residential RM-H WEST: Vacant RS COMPREHENSIVE PLAN: Neighborhood Growth Unit STREETS: Major Drive - Major arterial with 4 lanes DRAINAGE: Open ditch WATER: 24” Water line at Major Drive SANITARY SEWER SERVICE: 54” Sanitary sewer line at Major Drive PROPERTY OWNERS MARTIN RANDALL R & MELINDA MID-COUNTY TEACHERS ASHRAF SYED S & FATIMA OBURKE JOAN C BOLTON DARWIN H & CINDY OGBUTOR UCHENNA O & FREDERICK BUENTELLO RODNEY OJEMENI JOSEPH E CAMPBELL CHARLES & MARIANETA R PARKER MARTHA CNA RENTAL MANAGEMENT LLC PETTREY JASON M & KATHERINE V COX CHARLES D & SHERRY L RAMIREZ HECTOR DELAWARE EXTENSION DEVELOPMENT REDMON HAMILTON HENRY DOU FUGEN & XIAN YU RODRIGUEZ MELISSA EIKLOR DANIEL & LAURA SHAH MIHIR & KARIKA D FORD DANIEL M & NORA PIGA SHIPPER KENNETH E & ROBBIE L GERACE CARL J & MARY SMITH GREGORY D GUPTA MANEESH SMITH RONALD G HALL DANIEL MARK & BROOKE E TOWERS MICHAEL & MARIA C HAMAKER ERIC & SANDRA UMEJIAKU GODWIN C HATCHER SCOTT MICHAEL & ERICA WARREN BUZZ E & NATALIE D HENDERSON KEVIN & CHARMAINE WESTCHASE PROPERTY HOMEOWNERS JEANSONNE DAVID P WILEY STACY A JOHNSON ANDREW T ZHAO XIU HAI & XU YIN LAN MADISH INVESTMENTS LTD