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HomeMy WebLinkAbout2145-Z DATE: October 15, 2012 TO: Planning Commission and City Council FROM: Stephen C. Richardson, Planning Manager SUBJECT: Consider a request for a zone change from PUD (Planned Unit Development) District to GC-MD (General Commercial-Multiple Family Dwelling) District or more restrictive district FILE: 2145-Z STAFF REPORT The Planning Manager recommends approval. Calvary Baptist Church has applied for a zone change from PUD (Planned Unit Development) District to GC-MD (General Commercial-Multiple Family Dwelling) District or more restrictive district for the Tuscany Park commercial development located at 3350, 3450 and 3550 Dowlen Road. The request also includes the vacant 5 acres behind the developed portion. In October, 1999, City Council approved a zone change to RM-H (Residential Multiple Family Dwelling-Highest Density) District and a specific use permit to allow a professional and business office park. In March, 2001, City Council approved a zone change to PUD (Planned Unit Development) District. At that time, the applicant asked for the PUD zoning A to allow some flexibility to compliment the office setting @. PUD zoning requires specific use permits for any use other than single family residential. Calvary Baptist Church has entered into a contract to purchase the property from Wells Fargo Bank, N.A. Gary Rothenberger, Executive Pastor of Calvary Baptist Church, states that the church=s purchase of Tuscany Park will create a greater opportunity for the residents of Southeast Texas to visit its campus. Pastor Rothenberger says that a larger campus will provide additional space where children, youth, college-age persons and adults can come and participate in church activities. The original church campus is located immediately north of Tuscany Park. Several years ago, Calvary also purchased the campus of Wesley United Methodist Church located at the southeast corner of Dowlen and Folsom. Tuscany Park is currently occupied by restaurants, clothing retail, jewelry retail, medical and office space. Pastor Rothenberger states that effective at the close of purchase of Tuscany Park, certain entities currently occupying space will continue to operate under a lease agreement with Calvary Baptist Church. The current uses will continue until each lease agreement expires. Any space currently unoccupied will be utilized by Calvary Baptist for A church use @. STAFF REPORT continued GC-MD zoning will allow the church to expand its operations into Tuscany Park without requiring specific use permits. Churches are permitted by right in the GC-MD District. Because the church will not allow any use that will be detrimental to the church, the Planning Manager does not feel that the GC-MD zoning for Tuscany Park will be an inappropriate zoning classification for the subject property. PUBLIC NOTIFICATION Notices mailed to property owners 27 . Responses in Favor . Responses in Opposition . LEGAL DESCRIPTION FOR ORDINANCE PURPOSES Being Lots 1-3 and Tract A, Tuscany Park Addition and H. Williams Survey, Abstract 56, Tract 548, Plat D 26, City of Beaumont, Jefferson County, Texas, containing 12.83 acres, more or less. GENERAL INFORMATION/PUBLIC UTILITIES APPLICANT: Calvary Baptist Church of Beaumont PROPERTY OWNER: Wells Fargo Bank, N.A. LOCATION: 3350, 3450, 3550 Dowlen Road and vacant 5 acres behind Tuscany Park EXISTING ZONING: PUD (Planned Unit Development) District PROPERTY SIZE: 12.83 acres, more or less EXISTING LAND USES: Commercial development FLOOD HAZARD ZONE: A X @ - Areas determined to be outside 500-year floodplain; A A @ - Areas determined to be inside 100-year floodplain SURROUNDING LAND USES: SURROUNDING ZONING: NORTH: Church RS (Residential Single Family Dwelling) District EAST: DD#6 ditch, residential RS SOUTH: Church RS WEST: Residential, commercial, hospital, vacant RS, GC-MD (General Commercial-Multiple Family Dwelling) District, GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District COMPREHENSIVE PLAN: Stable Area STREETS: Dowlen Road - Major arterial with a 100' wide right-of-way and two 24' pavements widths DRAINAGE: Curb and gutter WATER: 6" and 8" water lines SANITARY SEWER SERVICE: Private sewer system PROPERTY OWNERS 1920 HOLDINGS LTD % EQUITAX PROP CONSULTANTS INC BARRINGTON HEIGHTS OWNERS ASSOCIATION BP AMERICAN PRODUCTION CO % PROP TAX DEPT BRENTWOOD INVESTMENT DEV CO % SAM C PARIGI JR CALVARY BAPTIST CHURCH DAVIS CHARLES DOWLEN RD CHURCH OF CHRIST DOWLEN ROAD TIMES SQUARES LTD GABOT HARRY GABOT & ELISA GARTH MARY JANE TR/QUALIFIED PERSONAL RESIDENCE TRUST GRIGSBY JOHN F & BETTY J GUSEMAN RICHARD L JANUA AAMER & AISHA JEFFERSON COUNTY D D 6 KILPATRICK LANA & ASHLEY TEVIS METROPOLITAN PARK OF BEAUMONT LTD RICHARDSON SANDRA TWEEDEL CHARLES A & MELISSA A Y M C A