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HomeMy WebLinkAbout2083-P DATE: March 21, 2011 TO: Planning Commission and City Council FROM: Stephen C. Richardson, Planning Manager SUBJECT: Consider a request for a specific use permit to allow a metal fabrication facility in a LI (Light Industrial) District FILE: 2083-P STAFF REPORT The Planning Manager recommends approval. Harbinger Consulting Group has applied for a specific use permit to allow a metal fabrication facility in a LI (Light Industrial) District. The property is located at 5330 Gorman Rd. Harbinger has the subject property under contract to purchase. It is the intent of the applicant to perform metal fabrication and assembly of pipe, structural steel and railroad materials on the premises. The property currently is not occupied. It consists of three permanent buildings, a number of portable buildings and a large lay down yard. Building A B @ is a two story building with approximately 19,360 sq. ft. of office space. Building A G @ is approximately 10,873 sq. ft. and is designed to be used as a metal shop/fabrication building. The subject property and the surrounding area are zoned LI and are used for industrial purposes. The proposed use will be compatible with other uses in the area. Exhibits are attached. PUBLIC NOTIFICATION Notices mailed to property owners 18 . Responses in Favor . Responses in Opposition . LEGAL DESCRIPTION FOR ORDINANCE PURPOSES BEING a 12.3099 acre tract or parcel of land situated in the John A. Veatch Survey, Abstract No. 55, Jefferson County, Texas and being out of and part of Blocks 118, 119 and 120 of the Gladys City Oil, Gas and Manufacturing Company Subdivision, a subdivision of the City of Beaumont, Jefferson County, Texas, according to the plat thereof recorded in Volume 1, Page 55, Map Records, Jefferson County, Texas and also out of and part of that certain called 4.85 acre tract of land as described in a A Deed @ from Allied Enterprises Incorporated to Matrix Engineering, Inc. as recorded in Clerk=s File No. 94-9417862, Official Public Records of Real Property, Jefferson County, Texas, and also being all of that certain called 5.2138 acre tract of land as described in a A Special Warranty Deed @ from Gladys City Company to Matrix Engineering, Inc., as recorded in Film Code No. 102-94-0948, Official Public Records of Real Property, Jefferson County, Texas, and also being all of that certain called 2.658 acre tract of land as described in a A Special Warranty Deed @ from Stone Haus Family Limited Partnership to Matrix Engineering, Ltd. as recorded in Clerk=s File No. 2001033732, Official Public Records of Real Property, Jefferson County, Texas, and also being all of that certain called 1.497 acre tract of land as A Warranty Deed @ from Gerald J. Nelson, Sr. and Gerald J. Nelson, Jr. to Matrix Engineering Incorporated as recorded in Film Code No. 103-08-0016, Official Public Records of Real Property, Jefferson County, Texas, said 12.3099 acre tract being more particularly described as follows: NOTE: All bearings are based on the Southwesterly right-of-way line of Gorman Street as SOUTH 2740'00" EAST as recorded on the above referenced plat of the Gladys City Oil, Gas and Manufacturing Company Subdivision as recorded in Volume 1, Page 55, Map Records, Jefferson County, Texas. All set 5/8" iron rods set with a cap stamped A M.W. Whiteley & Associates @. COMMENCING at a concrete monument found for the most Northeasterly corner of the said 4.85 acre Matrix Engineering, Inc. tract, the same being the most Northeasterly corner of that certain 0.7373 acre tract of land as described in a A Special Warranty Deed @ from Matrix Engineering, LTD. to Constant Properties, Inc. as recorded in Clerk=s File No. 2010029720, Official Public Records of Real Property, Jefferson County, Texas, said corner also being the intersection of the Southerly right-of-way line of U.S. Highway 59, 96 and 287 (also known as Cardinal Drive) and the Southwesterly right-of-way line of Gorman Street (based on a width of 80 feet); THENCE SOUTH 2740'00" EAST, along and with the Southwesterly right-of-way line of Gorman Street and the Northeasterly line of the said Blocks 118 and 119, for a distance of 449.91 feet to a 5/8" iron rod with a cap stamped A M.W. Whiteley & Associates @ found for the POINT OF BEGINNING of the tract herein described; THENCE SOUTH 2740'00" EAST, continuing along and with the Southwesterly right-of-way line of Gorman Street and the Northeasterly line of the said Blocks 118 and 119, passing at a distance of 249.72 feet a 5/8" iron rod with a cap stamped A M. W. Whiteley & Associates @ found for the most Easterly corner of the said Block 119 and the most Northerly corner of Block 120 of the said Gladys City Oil, Gas and Manufacturing Company Subdivision and said corner also being the most Easterly corner of the said 4.85 acre Allied Enterprises Incorporated tract and the most Northerly corner of the said 1.497 acre Matrix Engineering Incorporated tract and continuing for a total distance of 327.72 feet to a 2" iron rod found for corner said corner also being the most Northerly corner of that certain called 1.4797 acre tract of land as described in a A General Warranty Deed with Vendor=s Lien @ from IMI Incorporated to REE Holdings, Inc. as recorded in Clerk=s File No. 2000037809, Official Public Records of Real Property, Jefferson County, Texas; THENCE SOUTH 6146'59" WEST, for the boundary between the tract herein described and the said 1.4797 acre REE Holdings, Inc. tract, for a distance of 418.69 feet to an iron rod with a cap found for corner, said corner being the most Westerly corner of the said 1.4797 acre REE Holdings, Inc. tract; THENCE SOUTH 2844'54" EAST, for the boundary between the tract herein described and the said REE Holdings, Inc. tract, for a distance of 155.06 feet to a 1" iron pipe found for corner, said corner being the most Southerly corner of the said 1.4797 acre REE Holdings, Inc. tract and in the Northwesterly line of that certain called 0.310 acre tract of land as described in a A Special Warranty Deed @ from Jefferson County Drainage District No. 6 to Doris J. Parks and husband James David Parks as recorded in Clerk=s File No. 2000019323, Official Public Records of Real Property, Jefferson County, Texas; THENCE SOUTH 6340'04" WEST, for the boundary between the tract herein described and the said 0.310 acre Parks tract, for a distance of 141.86 feet to a 3/4" iron rod found for corner, said corner being the most Westerly corner of the said 0.310 acre Parks tract and in the Northeasterly line of that certain called 1.772 acre tract of land as described in a A Correction Special Warranty Deed @ from Jefferson County Drainage District No. 6 to Paul D. Choate and wife, Evelyn J. Choate as recorded in Clerk=s File No. 2000025368, Official Public Records of Real Property, Jefferson County, Texas; THENCE NORTH 2746'27" WEST, for the boundary between the tract herein described and the said 1.772 acre Choate tract, that certain called 1 acre tract owned by Paul D. Choate as identified by Jefferson County Tax Appraisal District Account No. 233220-000-00810-00000-3 (unable to locate deed reference), and that certain called 2 acre tract of land as described in a A Warranty Deed @ from Thomas N. Pevito to Paul D. Choate and wife, Evelyn Choate as recorded in Volume 1606, Page 247, Deed Records, Jefferson County, Texas, for a distance of 233.75 feet to a 5/8" iron rod with a cap stamped A M. W. Whiteley & Associates @ found for corner, said corner being the most Northerly corner of the said 2 acre Choate tract and in the Southeasterly line of the said 5.2138 acre Matrix Engineering, Inc., tract; THENCE SOUTH 6220'00" WEST, for the boundary between the tract herein described and the said 2 acre Choate tract, the same being the common line between the said Blocks 119 and 120, for a total distance of 543.19 feet to a A PK @ nail found for corner, said corner being the Northwest corner of the said 2 acre Choate tract and in the East right-of-way line of Erie Street (based on a width of 50 feet); THENCE NORTH 0044'36" WEST, along and with the East right-of-way line of Erie Street and the West line of Block 119, for a distance of 344.99 feet to a 5/8" iron rod with a cap stamped A M.W. Whiteley & Associates @ found for corner, said corner being the Southwest corner of that certain called 3.036 acre tract of land as described in an A Exchange Deed @ from Stone Has Family Limited Partnership to ABF Freight System, Inc. As recorded in Clerk=s File No. 2002018040, Official Public Records of Real Property, Jefferson County, Texas and from said corner to a 5/8" iron rod found for the Northwest corner of the said 3.036 acre ABF Freight System, Inc. tract bears NORTH 0012'06" EAST a distance of 374.60; THENCE NORTH 6157'40" EAST, for the boundary between the tract herein described and the said 3.036 acre ABF Freight System, Inc. tract, for a distance of 489.67 feet an iron rod with a cap stamped A Wortech @ found for the most Easterly corner of the said 2.658 acre Matrix Engineering, Ltd. tract; THENCE NORTH 2804'58" WEST, for the boundary between the tract herein described and the said 3.036 acre ABF Freight System, Inc., tract, for a distance of 330.02 feet to a point for corner (unable to find or set due to fence post), said corner being the most Northerly corner of the said 3.036 acre ABF Freight System, Inc. tract and also being in the Southeasterly line of that certain called 2.455 acre tract of land as described in a A Special Warranty Deed @ from E. H. Steinhagen, III to Petrotex Fuels, Inc. as recorded in Clerk=s File No. 2004050217, Official Public Records of Real Property, Jefferson County, Texas and from said corner a 5/8" iron rod found bears NORTH 2710'39" EAST a distance of 0.73 feet and said corner also bears NORTH 6157'33" EAST a distance of 312.17 feet from a 5/8" iron rod found for the Northwest corner of the said 3.036 ABF Freight System, Inc. tract and the Southwest corner of the said 2.455 acre Petrotex Fuels, Inc., tract; THENCE NORTH 6157'33" EAST, for the boundary between the tract herein described and the said 2.455 acre Petrotex Fuels, Inc. tract, for a distance of 31.02 feet to a 5/8" iron rod with a cap stamped A M. W. Whiteley & Associates @ found for corner, said corner being the most Easterly corner of the said 2.455 acre Petrotex Fuels, Inc., tract; THENCE NORTH 2808'39" WEST, for the boundary between the tract herein described and the said 2.455 acre Petrotex Fuels, Inc. tract, for a distance of 281.70 feet to a 5/8" iron rod found for corner, said corner being an angle point in the Northeasterly line of the said 2.455 acre Petrotex Fuels, Inc. tract; THENCE NORTH 0012'42" EAST, continuing for the boundary between the tract herein described and the said 2.455 acre Petrotex Fuels, Inc. tract, for a distance of 114.37 feet to an iron rod with a cap stamped A Wortech @ found for corner, said corner being the most Northeasterly corner of the said 2.455 acre Petrotex Fuels, Inc. tract and also being in the Southerly right-of-way line of U. S. Highway 69, 96 and 287; THENCE SOUTH 7122'12" EAST, along and with the Southerly right-of-way line of U. S. Highway 69, 96 and 287, for a distance of 119.20 feet to a concrete monument found for corner, said corner being and angle point in the Southerly right-of-way line of U. S. Highway 69, 96 and 287; THENCE SOUTH 7855'05" EAST, along and with the Southerly right-of-way line of U. S. Highway 69, 96 and 287, for a distance of 31.19 feet to a 2" iron rod found for corner, said corner being the most Northeasterly corner of the said 2.658 acre Matrix Engineering, Ltd. tract and also being the most Northerly corner of the above referenced 4.85 acre Matrix Engineering, Inc., tract; THENCE SOUTH 7834'29" EAST, along and with the Southerly right-of-way line of U. S. Highway 69, 96 and 287, for a distance of 133.44 feet to a punch hole in concrete found for the most Northwesterly corner of the above referenced 0.7373 acre Constant Properties, Inc., tract; THENCE SOUTH 2740'00" EAST, for the boundary between the tract herein described and the said 0.7373 acre Constant Properties, Inc., tract, passing at a distance of 261.43 feet a punch hole in concrete found for the most Southwesterly corner of the said 0.7373 acre Constant Properties, Inc. tract and continuing for a total distance of 482.31 feet to a punch hole in concrete found for corner; THENCE SOUTH 6220'00" WEST, for a distance of 98.28 feet to a 5/8" iron rod with a cap stamped A M. W. Whiteley & Associates @ set for corner said corner being the in the common line between the said 2.658 acre Matrix Engineering, Inc. tract and the said 4.85 acre Matrix Engineering, Inc. tract; THENCE SOUTH 2812'03" EAST, for the boundary between the said 2.658 acre Matrix Engineering, Inc. tract and the said 4.85 acre Matrix Engineering, Inc. tract, passing at a distance of 39.60 feet a 5/8" iron rod with a cap stamped A M. W. Whiteley & Associates @ found for the most Easterly corner of the said 2.658 acre Matrix Engineering, Inc. tract and the most Northerly corner of the said 5.2138 acre Matrix Engineering, Inc. and the said 4.85 acre Matrix Engineering, Inc. tract, for a total distance of 101.91 feet to a 5/8" iron rod with a cap stamped A M. W. Whiteley & Associates @ found for corner; THENCE NORTH 6220'00" EAST, over and across the said 4.85 acre Matrix Engineering, Inc. tract, for a distance of 262.65 feet to the POINT OF BEGINNING and containing 12.3099 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 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. GENERAL INFORMATION/PUBLIC UTILITIES APPLICANT: Harbinger Consulting Group PROPERTY OWNER: Matrix Engineering, Ltd. LOCATION: 5330 Gorman EXISTING ZONING: LI (Light Industrial) District PROPERTY SIZE: 12.3099 acres, more or less EXISTING LAND USES: Unoccupied light industrial FLOOD HAZARD ZONE: A X @ - Areas determined to be outside 500-year floodplain SURROUNDING LAND USES: SURROUNDING ZONING: NORTH: Cardinal Drive LI (Light Industrial) District EAST: Industrial LI SOUTH: Industrial LI WEST: Industrial LI COMPREHENSIVE PLAN: Light Industrial STREETS: Cardinal Drive - Freeway with varying right-of-way widths and four lanes divided; Gorman Street - Local street with an 80' wide right-of-way and a 14' pavement width DRAINAGE: Cardinal Dr. - Curb and gutter Gorman St. - Open ditch WATER: 6" water line SANITARY SEWER SERVICE: 8" sanitary sewer line PROPERTY OWNERS ABF FREIGHT SYSTEM INC CHOATE PAUL D SR J & E INVESTMENTS JEBOKJI MOHAMED BID JEFFERSON COUNTY D D 6 MATRIX ENGINEERING INC MATRIX ENGINEERING LTD C B & I MCHALE MICHAEL E & CONLEY BONNIE JEAN MOSELEY CLEONE SINCLAIR NGUYEN BILLY VAN & NANCY THI PARKS DORIS J & JAMES DAVID PETROTEX FUELS INC REE HOLDING INC