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HomeMy WebLinkAbout2201-Z DATE: June 16, 2014 TO: Planning Commission and City Council FROM: Chris Boone, Director of Planning and Community Development SUBJECT: Consider a request for a rezoning from RM-H (Residential Multiple Family Dwelling-Highest Density) to GC-MD (General Commercial-Multiple Family Dwelling) District to correct the split zoning of a property. FILE: 2201 - Z ___ STAFF REPORT Planning staff recommends approval. Bruce W. McVeigh is requesting a zone change from RM-H (Residential Multiple Family Dwelling-Highest Density) to GC-MD (General Commercial-Multiple Family Dwelling) District to correct the split zoning of a property located at 4755 Eastex Freeway. Mr. McVeigh is planning to open a Neighbors Emergency Center at this location. The majority of the property is zoned GC-MD. When Mr. McVeigh contacted the city regarding the possibility of demolishing an existing building to accommodate much needed additional parking, he discovered that the portion of the property where the building sits is zoned RM-H. Adjacent property has been previously rezoned to GC-MD leaving an odd shaped piece of the zoning district on the subject 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 7 Responses in Favor Responses in Opposition LEGAL DESCRIPTION FOR ORDINANCE PURPOSES Surveyor's Field Note Description: BEING a 0.1195 acre tract of land out of and a part of that certain Phelan & Phelan called 0.346 acre tract of land, more fully described and recorded in Clerks File No. 2013010297 of the Official Public Records of said Jefferson County. Said 0.1195 acre tract of land being situated in the Frederick Bigner Survey, Abstract No. 1, Jefferson County, Texas and being more particularly described as follows: BEGINNING at a 5/8 inch iron rod found at the Southwest corner of said 0.346 acre tract, same being the Southeast corner of that certain Keith Evans Consulting LLC called 0.653 acre tract of land, more fully described and recorded in Clerks File No. 2004037248 of said Official Public Records and being in the North line of that certain James H. Williams called 0.93 acre tract of land, more fully described and recorded in Film Code No. 105-07-0121 of said Official Public Records; THENCE North 08 deg. 21 min. 49 sec. East along and with the West line of said 0.346 acre tract, same being the East line of said 0.653 acre tract, a distance of 96.33 feet to a point for corner; THENCE South 57 deg. 01 min. 51 sec. East, a distance of 81.17 feet to a point for corner; THENCE South 28 deg. 41 min. 20 sec. West, a distance of 69.46 feet to a point for corner in the South line of said 0.346 acre tract, same being the North line of said 0.93 acre tract THENCE North 78 deg. 37 min. 45 sec. West along and with the South line of said 0.346 acre tract, same being the North line of said 0.93 acre tract, a distance of 49.74 feet to the PLACE OF BEGINNING, containing 0.1195 acre of land, more or less. (This description is based upon a survey made on the ground under my direct supervision on June 17, 2013. All bearings are based upon the Texas Coordinate System of 1983 (2011), Central Zone ‘4203’ (US Survey Foot). All distances and acreages are surface with a combined adjustment factor of 1.00007 applied.) GENERAL INFORMATION/PUBLIC UTILITIES APPLICANT: Mr. Bruce W. McVeigh PROPERTY OWNER: Dr. Setul Patel LOCATION: 4755 Eastex Freeway EXISTING ZONING: RM-H (Residential Multiple Family Dwelling-Highest Density) District PROPERTY SIZE: ~0.1195 acres EXISTING LAND USES: Commercial FLOOD HAZARD ZONE: X (area does not lie within the year flood plain) SURROUNDING LAND USES: SURROUNDING ZONING: NORTH: Commercial GC-MD (General Commercial- Multiple Family Dwelling) EAST: Commercial GC-MD SOUTH: Residential RM-H (Residential Multiple Family Dwelling-Highest Density) WEST: Commercial GC-MD COMPREHENSIVE PLAN: Stable Area STREETS: Eastex Freeway– Freeway with 300’ right of way and varied pavement widths DRAINAGE: Curb and gutter WATER: 16” Water line SANITARY SEWER SERVICE: 10” Sanitary sewer line PROPERTY OWNERS BB (MULTI) LIMITED PARTNERSHIP GEORGETOWN MANOR KEITH EVANS CONSULTING LLC SATRE INVESTMENTS STAR GRAPHICS WILLIAM JAMES H