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HomeMy WebLinkAbout2068-ZP DATE: January 24, 2011 TO: Planning Commission and City Council FROM: Stephen C. Richardson, Planning Manager SUBJECT: Consider a request for a zone change from RM-H (Residential Multiple Family Dwelling-Highest Density) District to GC-MD (General Commercial-Multiple Family Dwelling) District or more restrictive district and a specific use permit to allow a roofing company in a GC-MD (General Commercial-Multiple Family Dwelling) District FILE: 2068-Z/P STAFF REPORT The Planning Manager recommends approval with a modification to the landscaping requirements along the north, east and west property lines (8' tall wood screening fence and 10' wide landscape buffer along the north property line and the north 110' of the east property line and an 8' tall wood screening fence along the west property line (no 10' wide landscape strip). Kelley Bankston has applied for a zone change from RM-H (Residential Multiple Family Dwelling-Highest Density) District to GC-MD (General Commercial-Multiple Family Dwelling) District or more restrictive district and a specific use permit to allow a roofing company in a GC-MD District. The property is located at 4320 Eastex Freeway. Currently, the front portion of the property is zoned GC-MD and the rear 110 feet of the property is zoned RM-H. The property is developed with a commercial building and was previously used by a tractor sales company. The building is currently vacant. A roofing company would now like to occupy the property. In a GC-MD District, the roofing company needs a specific use permit. Therefore, the applicant would like to clear up the zoning boundary issue and get the specific use permit to allow the roofing company. Exhibits are attached. PUBLIC NOTIFICATION Notices mailed to property owners 13 . Responses in Favor . Responses in Opposition . LEGAL DESCRIPTION FOR ORDINANCE PURPOSES BEGINNING at the southwest corner of said Lot 44 on the east line of the Trotman Place Subdivision, a plat recorded in Volume 7, Page 187, of the Jefferson County Map Records; point being the southwest corner of the herein described tract; THENCE North 0045'00" East (reference bearing east line of Trotman Place Subdivision) along the said east line of the Trotman Place Subdivision, a distance of 110.0 feet to a point for the northwest corner of the herein described tract; THENCE South 8915'00" East, a distance of 135.15 feet to a point of the northeast corner of the herein described tract; THENCE South 0120'53" West along a fence line a distance of 110.0 feet to a point on the south line of said Lot 44 for the southeast corner of the herein described tract; THENCE North 8915'00" West along the south line of said Lot 44, a distance of 135.28 feet to the POINT OF BEGINNING and containing 0.34 acres of land, more or less. ANALYSIS CONDITIONS FOR APPROVAL OF SPECIFIC USE PERMIT (SECTION 30-26.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, nor significantly diminish or impair property values within the immediate vicinity; X 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 X 8. That the proposed use is in accordance with the Comprehensive Plan. X ANALYSIS continued This application is in conformance with seven of the eight conditions necessary for approval. Comments on Conditions 1 and 7 follow: 1. The Comprehensive Plan designates the subject property as a freeway commercial corridor. This designation allows for a wide variety of commercial uses. The property was developed, as existing, a number of years ago. It is not and will not be a detriment to surrounding properties. 7. The property owner wishes to construct an 8' tall wood screening fence along the property lines of that portion of the subject property being rezoned to GC-MD (portion of Lot 44) and provide a 10' wide open space landscape strip along the north and east property lines of Lot 44. The Planning Manager recommends a modification to the landscape strip the west side of Lot 44 (no landscape strip along the west property line). The Planning Manager also recommends that an 8' tall wood screening fence be constructed along the entire west property line. GENERAL INFORMATION/PUBLIC UTILITIES APPLICANT: Kelley Bankston PROPERTY OWNER: Same LOCATION: 4320 Eastex Freeway EXISTING ZONING: RM-H (Residential Multiple Family Dwelling-Highest Density) District and GC-MD (General Commercial-Multiple Family Dwelling) District PROPERTY SIZE: 0.64 acres, more or less EXISTING LAND USES: Commercial FLOOD HAZARD ZONE: A X @ - Areas determined to be outside 500-year floodplain GENERAL INFORMATION/PUBLIC UTILITIES continued SURROUNDING LAND USES: SURROUNDING ZONING: NORTH: Residential RM-H (Residential Multiple Family Dwelling-Highest Density) District EAST: Residential, commercial RM-H, GC-MD (General Commercial-Multiple Family Dwelling) District SOUTH: Commercial, Eastex Freeway GC-MD WEST: Residential RS (Residential Single Family Dwelling) District COMPREHENSIVE PLAN: Freeway activity corridor STREETS: Eastex Freeway - Freeway with varying right-of-way and pavement widths DRAINAGE: Curb and gutter WATER: 8" water line SANITARY SEWER SERVICE: 8" sanitary sewer line PROPERTY OWNERS ADAMS TERRY L AUGUST MCKINLEY & LYDIA BANKSTON KELLEY MARIE CARR FRANCES P DANIEL DORIS E ESENE RUTHIE & BARRY I FONTENOT KEVIN M HERRERA JOE (JODY) III (CD)ANTONIA MARTHA HERRERA (LH) MITCHELL DENNIS E & RUTH THOMAS MICHAEL S