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Home My WebLink About2075-P DATE: February 21, 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 a modification to the landscaping/screening requirements by deleting the 8' tall screening fence and 10' wide landscape strip along the east and south sides of the property as part of a specific use permit to allow dental and optometry offices in a GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District FILE: 2075-P STAFF REPORT The Planning Manager recommends denial of the modification to the landscaping/screening requirements along the east property lines of Lots 1 and 2 and approval of the modification to the landscaping/screening requirements along the east and south property lines of Lot 3. Daron Etie, Peter Cass and Scott Traylor, representing Beaumont Property Investments, have applied for an amended specific use permit to allow a modification to the landscaping/screening requirements along the south and east sides of the property. This modification would delete the requirement for the 8' tall screening fence and the 10' wide landscape strip along the east and south sides of the property. The properties are located at 6705, 6725 and 6755 Delaware. Dr. Cass states that the original intent was to develop the property as a whole. The specific use permit that was granted for this property was conditioned upon providing the fencing and the landscape strip. However, in 2008, the subject property was subdivided into a three lot subdivision. Dr Etie built his dentistry office approximately one year ago on Lot 1. Dr. Cass recently opened his optometry office on Lot 2. The remaining property, Lot 3, is listed for sale. The doctors are requesting that the fences and landscape strips be waived until such time that Lot 3 is developed and that the fence and landscape strip along the east side of Lots 1 and 2 be waived until such time that the adjacent property develops. The Planning Manager bases his recommendation of denial for Lots 1 and 2 upon the fact that while no development is currently planned for the wooded area to the east of those lots, it would be very difficult to require fencing and landscaping at such time that development occurs. Ownership of properties change, staffs change and memories fail. It would be unfair to require a future owner to install the required screening. It is the responsibility of those who develop commercial properties to protect the adjacent residentially zoned properties. Finally, it was a STAFF REPORT continued condition of the approval of the specific use permit and the owners were aware of the condition. As for Lot 3, when that property is sold and developed the landscaping/screening requirements will be required of the new owner. Exhibits are attached. PUBLIC NOTIFICATION Notices mailed to property owners 40 . Responses in Favor . Responses in Opposition . LEGAL DESCRIPTION FOR ORDINANCE PURPOSES Being Lots 1-3, Delaware Professional Park, City of Beaumont, Jefferson County, Texas, containing 2.81 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 seven of the eight conditions necessary for approval. Comments on Condition 7 follow: 7. The applicants are asking for a modification to the landscaping/screening requirements along the east and south sides of the property. They do not want to install the required landscaping/screening until such time that the remainder of the subject property or the adjacent property to the east is developed. GENERAL INFORMATION/PUBLIC UTILITIES APPLICANT: Beaumont Property Investments PROPERTY OWNER: Daron Etie, Peter Cass, Scott Traylor LOCATION: 6705, 6725 and 6755 Delaware EXISTING ZONING: GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District PROPERTY SIZE: 2.81 acres, more or less EXISTING LAND USES: Doctors= offices, vacant FLOOD HAZARD ZONE: A X @ - Areas determined to be outside 500-year floodplain SURROUNDING LAND USES: SURROUNDING ZONING: NORTH: Vacant A-R (Agricultural-Residential) District EAST: Vacant A-R SOUTH: Residential RS (Residential Single Family Dwelling) District WEST: Residential RM-H (Residential Multiple Family Dwelling-Highest Density) District COMPREHENSIVE PLAN: Neighborhood Growth Unit STREETS: Delaware Extension - Major arterial with a 100' wide right-of-way and 4 lanes divided DRAINAGE: Curb and gutter WATER: 12" water line GENERAL INFORMATION continued SANITARY SEWER SERVICE: 12" sanitary sewer line PROPERTY OWNERS AKBARI CHRISTOPHER ANDERSON JACK L ARMSTRONG RAYMOND L ET UX BADEN THERESE M BAKER FREDDIE KAY BEAUMONT PROPERTY INVESTMENT BURTON HAL J & DONNA CALLENDER HARLAND R JR CLARK SIDNEY H COCO EDITH COLLINS BOBBYE F CUMMINGS MARY DELL(LIFE EST) ELLSWORTH ALLAN & CASEY ETIE DARON P FULLER KAY MARIE GEMARINO CORAZON HADLEY ROBERT HARGRODER GILBERT R & THERESA HARRISON DOROTHY V HILCORP ENERGY ILP INGRAM LAWRENCE LEE BRYAN H & MARY MOBILOIL FEDERAL CREDIT UNION MORGAN BOB NICHOLS DEV CO ODOM HELEN OLIVER LAWRENCE PECAN PLACE TOWNHOMES & SEC 2 PHAM XUNG NGOC PHILLIPS RONALD L ET UX SMITH WANDA BETH SORIANO ABRAHAM ET UX SOUTHEAST TEXAS OPTOMETRIC STRAIT WILLIAM L L & JUNE G TIMS KELVIN TOMPKINS KIMBERLY WHITLEY ELIZABETH A WORTHAM BOB & KAREN