HomeMy WebLinkAbout2249-P
DATE: January 25, 2016
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 an assisted living facility in
RM-H (Residential Multiple Family Dwelling - Highest Density).
FILE: 2249-P
___
STAFF REPORT
Staff recommends approval with the following conditions:
1. Pending approval of food preparation and storage areas by health inspectors.
2. Any improvements made within the state right-of-way shall be permitted by
TXDOT.
3. A six (6) foot wide landscaped strip, as prescribed by ordinance, must be located
between the front parking spaces and the right-of way.
4. The ADA space shall be signed according to ADA requirements.
5. An eight (8) foot wood or masonry privacy screening fence must be constructed and
maintained along the south property line.
6. Building must be brought up to all current applicable fire & building codes, per
international fire & building codes - 2009 edition, Including, but not limited to, fire
extinguishers, sprinkler system, fire alarm, exit lights, emergency lights, knox box,
fixed hood system, and additional hydrant(s) as needed. All electrical systems must
meet commercial codes.
Vera Bagneris contacted staff regarding a privately funded assisted living facility at 2990
S. Major Drive, in September of 2015. During the conversation, Ms. Bagneris mentioned
she wanted to keep twelve (12) individuals. A predevelopment meeting was scheduled to
help her understand all that would be required to keep twelve (12) individuals. During the
predevelopment meeting, Ms. Vargas mentioned that she already keeps two (2)
individuals at the property. In order to keep these two (2) individuals, she applied for a
CO (Certificate of Occupancy). Several inspections for the CO failed. Ms. Bagneris is
now formally requesting permission to keep twelve (12) individuals. The conditions
listed reflect the findings during inspections made for the CO. Ms. Bagneris proposes to
provide 24 hour care for twelve (12) elderly residents. Caretakers would be present 24
hours per day, but not living at the property. Some of the clients residing in this facility
will require nursing and ambulatory care. Some residents may have limited mobility.
The applicant is asking for a waiver to any additional landscaping. A four (4) foot chain
link fence is located along the north and west property lines, with no existing landscaped
buffers. There is no fence along the south property line.
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 9
Responses in Favor Responses in Opposition
LEGAL DESCRIPTION FOR ORDINANCE PURPOSES
Being Lot 6, Block 2, South Amelia, Beaumont, Jefferson County, Texas, containing 0.277
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
X
adjacent developments;
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
GENERAL INFORMATION/PUBLIC UTILITIES
APPLICANT: Vera Bagneris
PROPERTY OWNER: Vera Bagneris
LOCATION: 2990 S Major Drive
EXISTING ZONING: RM-H (Residential Multiple Family
Dwelling - Highest Density)
PROPERTY SIZE: ~0.277 acres
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)
EAST: Church RM-H (Residential Multiple Family
Dwelling - Highest Density)
SOUTH: Residential RS
WEST: Vacant RS
COMPREHENSIVE PLAN: Neighborhood Growth Unit
STREETS: S Major Drive: Expressway with 130’
right-of-way and 80’ pavement width.
DRAINAGE: Open ditch
WATER: 6” Water line
SANITARY SEWER SERVICE: 6” Sanitary Sewer line
PROPERTY OWNERS
TYRRELL-COMBEST LTD
PHELAN INVESTMENTS
KANNEGANTI RAVIKUMAR &
PIPPIN ARLENE H
CICARDO JOSEPH E
DIONNE JUSTIN J
WELLS FARGO BANK NA
STILES DAVID
EVANGELICAL LUTHERAN CHURCH OF