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Home My WebLink About2196-ZP DATE: March 17, 2014 TO: Planning Commission and City Council FROM: Chris Boone, Director of Planning and Community Development SUBJECT: A request for a zone change from A-R (Agricultural-Residential) to GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District with a specific use permit to allow an assisted living / memory care facility. FILE: 2196-Z/P ___ STAFF REPORT Staff recommends approval of the zone change from A-R to GC-MD-2 and a specific use permit to allow an assisted living / memory care facility in a GC-MD-2 District subject to the following conditions: 1. Must seek approval from TxDOT for driveway. (Transportation) 2. Parking shall be provided for staff and visitors only. (Transportation) 3. Must pass Environmental Health Inspections. (Health) David Krukiel for Three Willows Land Development, LLC is representing Avalon who would like to build a privately funded 30-bed non-medical assisted living facility that specializes in care for the memory impaired. The facility will consist of three single-story structures with different facades in order to create a “neighborhood” like environment. Each structure will be designed to appear as a single-family home including a yard, kitchen and living spaces. Avalon specializes in care for patients with memory impairment diseases such as Dementia and its most common form, Alzheimer’s. Staff is on site and residents are monitored 24-hours a day. Facilities have a high direct caregiver-to-resident ratio and have been designed to provide a highly secured environment. Staff believes this facility would provide a much needed buffer to existing single family development to the east and future commercial development fronting on Major Drive. 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 41 Responses in Favor Responses in Opposition LEGAL DESCRIPTION FOR ORDINANCE PURPOSES Being the east 250 feet out of Tract 82-A, SP-1, H. Williams Survey, Abstract 56, and a 50 foot wide driveway to Major Drive, Beaumont, Jefferson County, Texas, containing 4.51 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: David Krukiel for Three Willows Land Development, LLC PROPERTY OWNER: MCT Credit Union LOCATION: The east side of North Major drive, just north of Village Drive EXISTING ZONING: A-R (Agricultural Residential) District PROPERTY SIZE: ~4.51 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 District SOUTH: Residential RM-H District WEST: Vacant A-R District 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 ARCO ZEUS REY S & DAISY MAE ASHRAF SYED S & FATIMA BENNETT RONALD A & CAROL A BULOVAS DANIEL A & SARALYN R CAMPBELL CHARLES & MARIANETA R CHIPLEY JONATHAN MARK & DANA COX CHARLES D & SHERRY L DELAWARE EXTENSION DEVELOPMENT DOU FUGAN & XIAN YU FRETZ ALLEN K JR & PATRICIA A GERACE CARL J & MARY HALL DANIEL MARK & BROOKE E HATCHER SCOTT MICHAEL & ERICA HOME JOHN W JR KANTAK MILIND V & SMITA M KNEELAND CORY & ANGELA LLOYD JOHN A & DIANE M MADISH INVESTMENTS LTD MCNEILL WILLIAM GORDON MESSER CRAIG D MID-COUNTY TEACHERS NIZIOLEK ANTHONY W & PATRICIA OGBUTOR UCHENNA O & FREDERICK OJEMENI JOSEPH E PSENCIK MICHAEL & MELAINE RAMIREZ HECTOR REICHE NANCY F REN MIN & RODRIGUEZ MELISSA SHELLENBERGER COLLIN & SHARLA SHIPPER KENNETH E & ROBBIE L SMITH GREGORY D SMITH RONALD G SMOTER JOHN D & MARGO L TOWERS MICHAEL & MARIA C UMEJIAKU GODWIN C WARREN BUZZ E & NATALIE D WESTCHASE PROPERTY HOMEOWNERS WHITEHEAD STEWART N &SUZANNE M WILEY STACY A ZHAO XIU HAI & XU YIN LAN DATE: April 21, 2014 TO: Planning Commission and City Council FROM: Chris Boone, Director of Planning and Community Development SUBJECT: A request for a revised specific use permit to allow an assisted living / memory care facility. FILE: 2196-Z/P ___ STAFF REPORT Staff recommends approval of the submitted site plan. In March of 2014, Mr. Krukiel applied for and received a rezoning from A-R (Agricultural Residential) to GC-MD-2 (General Commercial – Multiple Family Dwelling – 2) and a specific use permit for property th along the east side of North Major, just north of Village Drive. On March 17, Planning & Zoning Commission recommended approval of the specific use permit with the following conditions: 1. Must seek approval from TxDOT for driveway. (Transportation) 2. Parking shall be provided for staff and visitors only. (Transportation) 3. Must pass Environmental Health Inspections. (Health) 4. Storm water and drainage system shall be designed for a 100 year flood frequency with final design being approved by the owner. 5. The detention pond shall be maintained by the owner. 6. Provision for an 8’ wooden privacy fence where the property abuts residentially zoned property. The site plan showed a 30 foot landscaped buffer along the east and south edges of the property. On th March 25, Council approved the rezoning and specific use permit, but added the following condition: 7. Maintain a 50’ wide landscaped buffer along the east property line. In addition, discussion was made of a 50’ wide landscaped buffer along the south property line as well, but was not made a requirement. The applicant maintains that the development will not be possible with a 50’ wide landscaped buffer along the east or south property lines. They state that the increased buffer would not leave enough room for the needed structures, storm water, parking and landscaping. Staff believes this facility would provide a much needed buffer to existing single family development to the east and future commercial development fronting on Major Drive. 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 41 Responses in Favor Responses in Opposition LEGAL DESCRIPTION FOR ORDINANCE PURPOSES Being the east 250 feet out of Tract 82-A, SP-1, H. Williams Survey, Abstract 56, and a 50 foot wide driveway to Major Drive, Beaumont, Jefferson County, Texas, containing 4.51 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: David Krukiel for Three Willows Land Development, LLC PROPERTY OWNER: MCT Credit Union LOCATION: The east side of North Major drive, just north of Village Drive EXISTING ZONING: A-R (Agricultural Residential) District PROPERTY SIZE: ~4.51 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 District SOUTH: Residential RM-H District WEST: Vacant A-R District 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 ARCO ZEUS REY S & DAISY MAE ASHRAF SYED S & FATIMA BENNETT RONALD A & CAROL A BULOVAS DANIEL A & SARALYN R CAMPBELL CHARLES & MARIANETA R CHIPLEY JONATHAN MARK & DANA COX CHARLES D & SHERRY L DELAWARE EXTENSION DEVELOPMENT DOU FUGAN & XIAN YU FRETZ ALLEN K JR & PATRICIA A GERACE CARL J & MARY HALL DANIEL MARK & BROOKE E HATCHER SCOTT MICHAEL & ERICA HOME JOHN W JR KANTAK MILIND V & SMITA M KNEELAND CORY & ANGELA LLOYD JOHN A & DIANE M MADISH INVESTMENTS LTD MCNEILL WILLIAM GORDON MESSER CRAIG D MID-COUNTY TEACHERS NIZIOLEK ANTHONY W & PATRICIA OGBUTOR UCHENNA O & FREDERICK OJEMENI JOSEPH E PSENCIK MICHAEL & MELAINE RAMIREZ HECTOR REICHE NANCY F REN MIN & RODRIGUEZ MELISSA SHELLENBERGER COLLIN & SHARLA SHIPPER KENNETH E & ROBBIE L SMITH GREGORY D SMITH RONALD G SMOTER JOHN D & MARGO L TOWERS MICHAEL & MARIA C UMEJIAKU GODWIN C WARREN BUZZ E & NATALIE D WESTCHASE PROPERTY HOMEOWNERS WHITEHEAD STEWART N &SUZANNE M WILEY STACY A ZHAO XIU HAI & XU YIN LAN