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DATE: May 16, 2011
TO: Planning Commission and City Council
FROM: Stephen C. Richardson, Planning Manager
SUBJECT: Consider a request for a specific use permit to allow
office/warehouses in a GC-MD (General Commercial-Multiple
Family Dwelling) District
FILE: 2092-P
STAFF REPORT
The Planning Manager recommends approval with a waiver of the
sidewalk requirement along Eastex Freeway and Old Voth Road.
Mark W. Whiteley & Associates, Inc., representing the property owner
Henry LaBrie, has applied for a specific use permit to allow
office/warehouses in a GC-MD (General Commercial-Multiple Family
Dwelling) District. The property is located on the west side of Eastex
Freeway, approximately 527' north of Tram Road.
Previously, Mr. LaBrie had received approval for three specific use
permits allowing office/warehouses south of the subject property. It
is his desire to continue with the same concept on the remainder of his
property. The property extends north to Broad Oak St.
The current request includes an additional 32 buildings encompassing
96,000 sq. ft. of office/warehouse space. Tract I is to be built
immediately with Tracts II - Tract VIII being built over time.
Mr. LaBrie is requesting a waiver of the sidewalk requirement along
Eastex Freeway and Old Voth Road. Tom Rowe, with Mark Whiteley
& Assoc., states that the waiver request is due to the nature of the site
and its location and because of the inability to engineer a sidewalk in
this location that is safe for the public and that will not impede the
drainage along Old Voth Road Eastex Freeway. He states that the
existing ditch along Old Voth Road extends to the existing
right-of-way line. If a sidewalk was constructed within the
right-of-way as required, the existing drainage would need to be
modified and that is not feasible at this location. Also along Eastex
Freeway, the existing drainage facility is an open ditch and the owner
of the site would have to work with TxDOT to try and permit a
sidewalk that basically would only serve this site. There is no other
sidewalk in the near vicinity of this property. In September, 2010,
the Planning Commission approved sidewalk waivers along both Eastex
Freeway and Old Voth Road for the earlier phases.
Exhibits are attached.
PUBLIC NOTIFICATION
Notices mailed to property owners 18 .
Responses in Favor . Responses in Opposition
.
LEGAL DESCRIPTION continued
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
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 1 follow:
1. The proposed structures are very similar to the buildings
that have already been approved in the first three phases.
GENERAL INFORMATION/PUBLIC UTILITIES
APPLICANT: Mark W. Whiteley and
Associates, Inc.
PROPERTY OWNER: Henry LaBrie
LOCATION: West side of Eastex Freeway,
approximately 527' north of Tram
Road
EXISTING ZONING: GC-MD (General
Commercial-Multiple Family
Dwelling) District
PROPERTY SIZE: 7.6149 acres, more or less
EXISTING LAND USES: Vacant
FLOOD HAZARD ZONE: A X @ - Areas determined to be
outside 500-year floodplain;
Shaded A X @ - Areasd determined
to be within 100-year or
500-year flood
SURROUNDING LAND USES: SURROUNDING ZONING:
NORTH: Vacant GC-MD (General Commercial-Multiple
Family Dwelling) District
EAST: Eastex Freeway GC-MD
SOUTH: Commercial GC-MD
WEST: Residential, commercial, vacant GC-MD
COMPREHENSIVE PLAN: Freeway Activity Corridor
STREETS: Highway 69 - Freeway with
right-of-way of varying widths
and 4 lanes of traffic; Old Voth
Road - Local street with 60' wide
right-of-way and an 18'
pavement width
DRAINAGE: Open ditch
GENERAL INFORMATION/PUBLIC UTILITIES continued
WATER: 16" water line
SANITARY SEWER
SERVICE: 10" sanitary sewer line
PROPERTY OWNERS
ALLEN JOSHUA W JR
BEACRAFT LESLIE JAMES
DE LOS REYES RAUL J ET AL
FOUTZ EUGENE OSCAR
H/S LABRIE FAMILY LP
KEITH LUMBER COMPANY
LEBLANC DOROTHY A
LEBLANC DOROTHY L
LEVINE ALLAN L FAMILY TRUST
LOWE DEBORAH JEAN
MARTIN RANDY WAYNE
PASLICK DONNA L
SADDLETHREE INC
SANDERS VIOLET
SMV BEAUMONT GREEN ACRES LP