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HomeMy WebLinkAbout2072-P DATE: January 24, 2011 TO: Planning Commission and City Council FROM: Stephen C. Richardson, Planning Manager SUBJECT: Consider a request for an amended specific use permit to allow the deletion of a 10' tall wood screening fence along the east and south sides of the subject property as a requirement for a car wash in a GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District FILE: 2072-P STAFF REPORT The Planning Manager recommends approval subject to the following condition: 1. An eight foot tall wood screening fence shall be installed along the east and south property lines of the subject property. 2. The car wash must comply with the City storm requirements and Watershed Protection Ordinance. 3. Hours of operation shall be from 7:00 a.m. - 10 p.m. Larry Webb has applied for an amended specific use permit to allow the deletion of a 10' tall wood screening fence along the east and south sides of the subject property as a requirement for a car wash in a GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District. The property is located at 6365 Calder. In 2005, City Council approved a zone change to GC-MD-2 and a specific use permit to allow a carwash. One of the requirements of the specific use permit was that a ten foot tall wood screening fence was to be constructed along the east and south sides of the property. The original concept for the carwash was to have a combination of an automatic carwash and a 4-bay self-service carwash. The automatic carwash was all that was built. The purpose for the ten foot tall fence was to address concerns over noise. Mr. Webb states that because the self-service bays were never built, there have not been any complaints since the carwash was open. Mr. Webb says that the cost and problems of maintaining a ten foot tall fence out way the benefit. He states that the majority of the maintenance required on the fence is caused by tenants of the apartment complex backing into it, thereby weakening it and making the weight of the fence pull it down in places. Mr. Webb owns the property to the south of the car wash. Exhibits are attached. PUBLIC NOTIFICATION Notices mailed to property owners 9 . Responses in Favor . Responses in Opposition . LEGAL DESCRIPTION FOR ORDINANCE PURPOSES Being Tract 1-B, Block 1, Langham Place Addition, City of Beaumont, Jefferson County, Texas, containing 0.62 acres, 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 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 all eight conditions necessary for approval. Comments on Condition 7 follow: 4. If it is City Council=s desire to waive the ten foot requirement for the fence, the Planning Manager would still recommend requiring an eight foot tall wood screening along the east and south property lines. Mr. Webb states that he owns the property to the south. However, if that property was ever sold, it would need a buffer between it and the car wash. GENERAL INFORMATION/PUBLIC UTILITIES APPLICANT: Larry Webb PROPERTY OWNER: Same LOCATION: 6365 Calder EXISTING ZONING: GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District PROPERTY SIZE: 0.62 acres, more or less EXISTING LAND USES: Carwash FLOOD HAZARD ZONE: A X @ - Areas determined to be outside 500-year floodplain SURROUNDING LAND USES: SURROUNDING ZONING: NORTH: Commercial GC-MD (General Commercial-Multiple Family Dwelling) District EAST: Apartments RM-H (Residential Multiple Family Dwelling-Highest Density) District SOUTH: Residential RM-H WEST: Commercial GC-MD COMPREHENSIVE PLAN: Community Center STREETS: Calder Avenue - Major collector with a 60' wide right-of-way and a 23' pavement width GENERAL INFORMATION/PUBLIC UTILITIES continued DRAINAGE: Open ditch WATER: 8" and 16" water lines SANITARY SEWER SERVICE: 6" and 33" sanitary sewer lines PROPERTY OWNERS ALI MOHAMMED A ALI MOHAMMED A & MUNNAVER SULTANA CALIBER PROPERTIES INC G S C J INC HIBERNIA NATL BK (CAPITAL ONE) GENERAL SERV-REAL EST ADM MALLEY VIVIAN ODYSSEY CAR WASH LLC PHELAN & DOWLEN JOINT VENTURE WEINGARTEN REALTY INC EQUITAX PROP CONSULTANTS INC