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HomeMy WebLinkAbout2007-Z DATE: January 25, 2010 TO: Planning Commission and City Council FROM: Stephen C. Richardson, Planning Manager SUBJECT: Consider a request for a zone change from RS (Residential Single Family Dwelling) District and RM-M (Residential Multiple Family Dwelling - Medium Density) District to RM-H (Residential Multiple Family Dwelling-High Density) District or more restrictive district and RS (Residential Single Family Dwelling) to RM-M (Residential Multiple Family Dwelling-Medium Density) District or more restrictive district FILE: 2007-Z STAFF REPORT The Planning Manager recommends approval of RM-M zoning for the 5.17 acres that is designated for the assisted living facility and denial of the RM-H zoning for the apartment tract and the 3.355 acre Tract 2 and the RM-M zoning for the townhouse tract. Fittz & Shipman, Inc. has applied for a zone change from RS (Residential Single Family Dwelling) District and RM-M (Residential Multiple Family Dwelling-Medium Density) District to RM-H (Residential Multiple Family Dwelling-High Density) District and RS (Single Family Residential Dwelling) District to RM-M (Residential Multiple Family Dwelling-Medium Density) District. The property is located east of Concord and north of the current dead-end of Sienna Trails. In November, 2006, a master plan was submitted for the entire property. That plan called for approximately 38 acres for single family development, approximately12 acres for apartments and approximately 12 acres for patio homes and elderly housing. Now, Muse Limited, the developer and property owner, would like to rezone the 38+ acres (Tract 1) that was originally zoned RS and RM-M to 16.2 acres of RM-M and 15.73 acres of RM-H and to rezone the 3+ acres (Tract 2) from RS to RM-H. 5.17 acres of the proposed RM-H will be developed as an assisted living site for the elderly and 13.92 acres will be developed as apartments. The 16.2 acres of RM-M zoning is to be developed with townhomes. As per the proposed development plan, 404 additional apartments and 288 townhomes could be built. STAFF REPORT continued Daily trips generated for a maximum of 91 units of assisted living would be 364. Daily trips generated for a maximum of 404 apartments would be 2424. Daily trips generated by a maximum of 288 townhomes would be 2304. Staff has a concern that Concord, in its current form, would have a difficult time handling the additional traffic that the apartments and the townhomes would generate. Due to budget constraints, the improvements to this portion of Concord have been delayed indefinitely. Staff feels that the additional apartments and townhomes are premature due to roadway conditions serving the property. Exhibits are attached. PUBLIC NOTIFICATION Notices mailed to property owners 116 . Responses in Favor . Responses in Opposition . LEGAL DESCRIPTION FOR ORDINANCE PURPOSES BEGINNING at a point in the easterly right-of-way line of Haywood Drive for the southwest corner of Lot 1, Block 4 of Woodland Estates, a plat recorded in Volume 11, Page 64 of the Map Records of Jefferson County, Texas for the northwest corner of the said 62.29 and 38.68 acre tracts; THENCE North 8907'35" East along the south line of said Woodland Estates and a north line of the said 62.29 and 38.68 acre tracts a distance of 1126.57 feet to a point in the west line of Woodlands Subdivision, a plat recorded in Volume 13, Page 2 of the Map Records of Jefferson County, Texas for an exterior corner of the said 62.29 and 38.68 acre tracts; THENCE South 0038'12" West along the said west line of Woodlands Subdivision and an interior line of the said 62.29 and 38.68 acre tracts a distance of 43.74 feet to a point for the southwest corner of said Woodlands Subdivision and an interior corner of the said 62.29 and 38.68 acre tracts; THENCE North 8937'26" East along the south line of said Woodlands Subdivision and a tract conveyed to Hardin-Jefferson Exploration as recorded in Volume 2220, Page 56 of the Deed Records of Jefferson County, Texas being a north line of the said 62.29 and 38.68 acre tracts a distance of 1453.76 feet to a point in the west right-of-way line of Comstock Road for the southeast corner of the said Hardin-Jefferson Exploration tract and the northeast corner of the said 62.29 and 38.68 acre tracts; THENCE South 0407'38" East along the said west right-of-way line of Comstock Road and an east line of the said 62.29 and 38.68 acre tracts a distance of 29.86 feet to a point for the northeast corner of a tract conveyed to J. Rhode as recorded in Volume 1916, Page 389 of the Deed Records of Jefferson County, Texas and an exterior corner of the said 62.29 and 38.68 acre tracts; THENCE South 8944'25" West along the north line of the said Rhode tract and an interior line of the 62.29 and 38.68 acre tracts a distance of 243.32 feet to a point for the northwest corner of the said Rhode tract and an interior corner of the said 62.29 and 38.68 acre tracts; THENCE South 0000'53" East along the west line of the said Rhode tract and an interior line of the 62.29 and 38.68 acre tracts a distance of 89.82 feet to a point for the southwest corner of the said Rhode tract and an interior corner of the said 62.29 and 38.68 acre tracts; THENCE North 8940'46" East along the south line of the said Rhode tract and an interior line of the said 62.29 and 38.68 acre tracts a distance of 250.52 feet to a point in the said west right-of-way line of Comstock Road for the southeast corner of the said Rhode tract and an exterior corner of the said 62.29 and 38.68 acre tracts; THENCE South 0432'58" East along the said west right-of-way line of Comstock Road and an east line of the said 62.29 and 38.68 acre tracts a distance of 100.20 feet to a point for the northeast corner of a tract conveyed to D. Fielder as recorded in Volume 1869, Page 282 of the Deed Records of Jefferson County, Texas and an exterior corner of the said 62.29 and 38.68 acre tracts; LEGAL DESCRIPTION continued THENCE South 8940'08" West along the north line of the said Fielder tract and an interior line of the said 62.29 and 38.68 acre tracts a distance of 259.30 feet to a point for the northwest corner of the said Fielder tract and an interior corner of the said 62.29 and 38.68 acre tracts; THENCE South 0014'07" West along the west line of the said Fielder tract and an interior line of the said 62.29 and 38.68 acre tracts a distance of 199.92 feet to a point for an interior corner of the said 62.29 and 38.68 acre tracts; THENCE North 8943'06" East along an interior line of the said 62.29 and 38.68 acre tracts a distance of 276.04 feet to a point in the said west right-of-way line of Comstock Road for an exterior corner of the said 62.29 and 38.68 acre tracts; THENCE South 0444'53" East along the said west right-of-way line of Comstock Road and an east line of the said 62.29 and 38.68 acre tracts a distance of 60.00 feet to a point for the northeast corner of a tract conveyed to Bertha P. Scurlock as recorded in Volume 737, Page 267 of the Deed Records of Jefferson County, Texas and an exterior corner of the said 62.29 and 38.68 acre tracts; THENCE South 8940'15" West along the north line of the said Scurlock tract and an interior line of the said 62.29 and 38.68 acre tracts a distance of 281.39 feet to a point for the northwest corner of the said Scurlock tract and an interior corner of the said 62.29 and 38.68 acre tracts; THENCE South 0027'13" West along the west line of the said Scurlock tract and a tract conveyed to David G. Winn as recorded in Volume 2347, Page 21 of the Deed Records of Jefferson County, Texas being an interior line of the said 62.29 and 38.68 acre tracts a distance of 199.96 feet to a point for the northwest corner of a tract conveyed to Elbert Collins as recorded in Volume 700, Page 452 of the Deed Records of Jefferson County, Texas, the southwest corner of the said Winn tract and an angle point of the said 62.29 and 38.68 acre tracts; THENCE South 0007'20" West along the west line of the said Collins tract and an interior line of the said 62.29 and 38.68 acre tracts a distance of 61.59 feet to a point for the northeast corner of Lot 2, Block 1 of Sienna Trails Subdivision, a plat recorded in Clerks File No. 2008035976 of the Official Public Records of Jefferson County, Texas, and the southeast corner of the said 38.68 acre tract; THENCE along the north line of said Sienna Trails Subdivision and the south line of the said 38.68 acre tract with the following courses and distances: North 8954'30" West a distance of 696.32 feet to an angle point; North 7014'15" West a distance of 60.00 feet to an angle point; LEGAL DESCRIPTION continued South 1945'45" West a distance of 42.31 feet to an angle point; North 7014'15" West a distance of 293.93 feet to an angle point; South 4907'36" West a distance of 559.26 feet to a point in a west line of the said 62.29 acre tract for the most southerly corner of the said 38.68 acre tract; THENCE North 4035'54" West along the said west line of the 62.29 and 38.68 acre tracts a distance of 40.59 feet to an angle point; THENCE North 4042'22" West along the said west line of the 62.29 and 38.68 acre tracts a distance of 490.64 feet to a point for an interior corner of the said 62.29 and 38.68 acre tracts; THENCE South 4138'58" West along an interior line of the said 62.29 and 38.68 acre tracts a distance of 270.71 feet to a point in the east right-of-way line of Concord Road for an exterior corner of the said 62.29 and 38.68 acre tracts; THENCE North 5107'21" West along the said east right-of-way line of Concord Road being an exterior line of the said 62.29 and 38.68 acre tracts a distance of 58.33 feet to a point for the south corner of the said 0.654 acre tract and an exterior corner of the said 62.29 and 38.68 acre tracts; THENCE North 5232'32" West along the southwesterly line of the said 0.654 acre tract and an exterior line of the said 38.68 acre tract a distance of 115.00 feet to a point for the west corner of the said 0.654 acre tract and exterior corner of the said 38.68 acre tract; THENCE North 4009'24" East along the northwesterly line of the said 0.654 acre tract and an exterior line of the said 38.68 acre tract a distance of a 253.44 feet to a point in the westerly line of an abandoned T&NO Railroad 100' right-of-way for the north corner of the said 0.654 acre tract and an exterior corner of the said 38.68 acre tract; THENCE South 4043'18" East along the northeasterly line of the said 0.654 acre tract and the said westerly line of the abandoned T&NO Railroad 100 feet right-of-way a distance of 121.04 feet to a point in an exterior line of the said 62.29 and 38.68 acre tract for the east corner of the said 0.654 acre tract and an interior corner of the said 38.68 acre tract; THENCE North 4119'01" East along an interior line of the said 38.68 acre tract a distance of 52.65 feet to a point for an interior corner of the said 62.29 and 38.68 acre tracts; THENCE 4102'19" West along the said west line of the 62.29 and 38.68 acre tract a distance of 386.66 feet to an angle point; THENCE North 4054'37" West continuing along the said west line of the 62.29 and 38.68 acre tracts a distance of 426.49 feet to the POINT OF BEGINNING and containing 38.68 acres of land, more or less. GENERAL INFORMATION/PUBLIC UTILITIES APPLICANT: Fittz & Shipman, Inc. PROPERTY OWNER: Muse Limited LOCATION: East side of Concord at Sienna Trails EXISTING ZONING: RS (Residential Single Family Dwelling) District and RM-M (Residential Multiple Family Dwelling - Medium Density) District PROPERTY SIZE: 42.03 acres, more or less EXISTING LAND USES: Vacant FLOOD HAZARD ZONE: A X @ - Areas determined to be outside 500-year floodplain SURROUNDING LAND USES: SURROUNDING ZONING: NORTH: Single family residential RS (Residential Single Family Dwelling) District EAST: Single family residential, vacant RS SOUTH: Apartments, single family residential RM-M (Residential Multiple Family Dwelling-Medium Density) District, RM-H (Residential Multiple Family Dwelling-High Density) District WEST: Single family residential, vacant RS COMPREHENSIVE PLAN: Stable Area STREETS: Concord Road - Secondary arterial with a 60' wide right-of-way and an 18' pavement width; Sienna Trails - Local street with a 60' wide right-of-way and a 38' pavement width DRAINAGE: Curb and gutter WATER: 8" water line SANITARY SEWER SERVICE: 8" and 10" sanitary sewer lines PROPERTY OWNERS 6640 INC AFFILIATES CO ALEXANDER JOHN WILLIAM & BAILEY PAMELA R BALDWIN GEORGE R BALES CHARLES P BANKSTON BILLY J ET UX BARNES IVAN & REGINA Z BARNES BATISTE GABLE JOSEPH BELL BRENDA FAYE BIAS HOUSTON BOATMAN ANTHONY REED ET UX BROOKS ROBERT B ET UX BRYAN WALLACE & LUCILLE BRYAN WILLIAM W BUILDING PROJECTS CARR BROTHERS CORPORATION INC CH SEPERATE PROPERTIES LLC CIAMPO CHRISTINA B CITY OF BEAUMONT COLEMAN ROGER DEWAYNE SR ET UX COLLIER CHARLES E SR & COLLINS AMY D COMPTON CARL E ET UX COOK HAROLD J CROWN CASTLE GT COMPANY LLC DARION HILDA ROSE DOBBS ERIK DOUGLAS JILL S DYER WOODROW R EDWARDS CRYSTAL D ENGELMANN LARRY G EVANS DOROTHY J FILLYAW SEAN D & ALECIA S FLITCRAFT WALLACE P FROST WILLIAM J III & PATRICIA FUSILIER FREDRICK L GERARD STENNIE GILBERT RICHARD ALLEN GREENBERG SHELDON GREGORY KENNETH G ET UX GUIDRY ARNOLD K ET UX HALL HORACE S & BESSIE LEE HARRIS INA PROPERTY OWNERS continued HART KEVIN L HARTSTEIN F JOCK & MICHELLE HERFORD MARY DAVIS HERNANDEZ EVELIO HERNANDEZ EVELIO & LAURA HODGE MICHAEL G HOGAN THOMAS C HORN DONALD GLENN JACKS CATHERINE J JACKS CATHERINE PARKHILL JOHNSON ELLIS & PRENTENCE R JOHNSON HERBERT C KEEDY PAUL R KNIGHTON DON & BOBBIE LANDRY HAROLD J LEWIS ROMONA LORD JOHN ET UX LORD JOHN JR LORD JUDY R MARTINEZ RAYMOND V & NELLIE MCGRIFF EDDIE & JOAN MIRELES JAMES E MITCHELL RODNEY MONTGOMERY ALECIA MORRIS CHARLES W & MORRIS JANE WALKER ESTATE MURPHY GEORGE JR MUSE LIMITED INC MUSEMECHE TODD & NGUYEN BAC NIGHT HARVEY OHANLON KEITH OSZCKAKIEWICZ KARL PETETAN JOHNNY ET UX PONZIO CURTIS T & DAWN M POWDRILL PATRICK R POWELL DANIEL PSS DEVELOPMENT LTD ROBINSON F B ROHDE JOHN SCHAEFFER KURT A II SHILO WALTER JR ET UX SIFFUENTES ROGELIO JR & CARMEN SIFUENTES ROGELIO & ELVIA PROPERTY OWNERS continued SMITH ADAM ET UX SMITH MICHAEL A SPIKES CALVIN ST PARTNERS II LTD ST PARTNERS III LTD STATE OF TEXAS TAYLOR LARANDA THOMPSON REBECCA TOYS R US UNION PACIFIC RAILROAD CO US BANK NATL ASSOC WACHOVIA MORTGAGE CORP FKA WALKER DAVID C & MARK D & WALKER ROGER & MARK & D CLIF WILSON GERALD D WILTURNER TAMMY YOWMAN MICHAEL T ET UX