HomeMy WebLinkAbout2025-P
DATE: April 19, 2010
TO: Planning Commission and City Council
FROM: Stephen C. Richardson, Planning Manager
SUBJECT: Consider a request for an amended specific use permit to allow an
additional office/warehouse in a GC-MD (General Commercial-Multiple
Family Dwelling) District
FILE: 2025-P
STAFF REPORT
The Planning Manager recommends approval subject to the following
conditions:
1. Provide a six (6) foot wide landscape strip along the Old
Voth Rd. frontage of the parking lot.
2. Install a sidewalk along the property frontages on Old
Voth Road and Eastex Fwy.
Mark W. Whiteley & Associates, Inc. has applied for an amended
specific use permit to allow an additional office/warehouse
in a GC-MD (General Commercial-Multiple Family Dwelling)
District. The property is located adjacent to 10935 Eastex
Freeway.
In February, 2008, City Council approved a specific use permit
to allow two 4,950 sq. ft. office/warehouse buildings on 1.18
acres of property at 10925 and 10935 Eastex Freeway. The
property owner would now like to build an additional 2,000 sq.
ft. office/warehouse in front of 10935 Eastex Freeway.
The proposed building would include 560 sq. ft. of office space
and 1,440 sq. ft. of warehouse. Five additional parking spaces
will be provided.
Exhibits are attached.
PUBLIC NOTIFICATION
Notices mailed to property owners 6 .
Responses in Favor . Responses in Opposition
.
LEGAL DESCRIPTION FOR ORDINANCE PURPOSES
BEING a 1.1842 acre tract or parcel of land situated in the
W. B. Dyches Survey, Abstract No. 17, Jefferson County, Texas
and being out of and part of that certain called 23.66 acre
tract of land as described in a deed from Kirby Lumber
Corporation to Emery Best and wife, Leland Hendrix Best as
recorded in Volume 964, Page 110, Deed Records, Jefferson
County, Texas and being out of and part of that certain called
5.43 acre tract being of a portion of the former 100 foot wide
T. & N. O. Railroad right-of-way, now abandoned, as described
in a deed from Southern Pacific Company to Emery Best and wife,
Leland Hendrix Best as recorded in Volume 1342, Page 486, Deed
Records, Jefferson County, Texas, the same being that certain
called. 5.43 acre tract of land as described in a deed from
Kirby Lumber Corporation to Emery Best and wife, Leland Hendrix
Best as recorded in Volume 1342, Page 484, Deed Records,
Jefferson County, Texas and also being out of and part of that
certain called 10.02 acre tract of land, identified as Tract
2, as described in a A Warranty Deed with Vendor=s Lien @ from
Rebecca Anne Best to Emery Randolph Best as recorded in Film
Code No. 102-54-2500, Official Public Records of Real Property,
Jefferson County, Texas, and being out of and part of that
certain called 30 foot strip of land being part of the West
one-half (2) of the former 100 foot wide Southern Pacific
Company Railroad right-of-way as described in a deed from Kirby
Lumber Corporation to Emery Best and Leland Hendrix Best as
recorded in Volume 1522, Page 186, Deed Records, Jefferson
County, Texas, and being out of and part of the West 20 feet
of the West one-half (2) of the former 100 foot wide Southern
Pacific Company Railroad right-of-way, and furthermore being
out of and part of that certain called 7.8464 acre tract of
land, identified as TRACT II, as described in a A Special Warranty
Deed with Vendor=s Lien @ from Nancy Best to Henry Labrie and
Sharon Labrie as recorded in Clerk=s File No. 2006049854,
Official Public Records of Real Property, Jefferson County,
Texas and out of and part of that certain called 1.0797 acre
tract, identified as TRACT V, and that certain called 0.7281
acre tract of land, identified as TRACT VIII, as described in
a A Deed without Warranty @ from Nancy Best to Henry Labrie and
Sharon Labrie as recorded in Clerk=s File No. 2006049856,
Official Public Records of Real Property, Jefferson County,
Texas, said 1.1842 acre tract being more particularly described
as follows:
NOTE: All bearings are based on the most Northerly East line
of the that certain called 14.183 acre tract as recorded in
the above referenced Film Code No. 102-54-2500, Official Public
Records of Real Property, Jefferson County, Texas as SOUTH
1115'00" EAST.
BEGINNING at a 2" iron rod in concrete found for the Southeast
corner of the tract herein described, said corner also being
the Southeast corner of the said 7.8464 acre Labrie tract and
the Northeast corner of that certain called 1.1470 acre tract
of land, identified as TRACT IX, as described in a A Special
Warranty Deed with Vendor=s Lien @ from Darby Gas and Oil Company
to Starmart No. 2, Ltd. as recorded in Volume 2001043422,
Official Public Records of Real Property, Jefferson County,
Texas and said corner also being in the West right-of-way line
of U. S. Highway 69, 96 and 287;
THENCE SOUTH 7823'29" WEST, for the boundary between the tract
herein described and the said 1.1470 acre Starmart No. 2, Ltd.
tract, for a distance of 267.99 feet to a 5/8" iron rod with
a cap found for corner, said corner being the Northwest corner
of the said 1.1470 acre Starmart No. 2, Ltd. tract and the
Southwest corner of the said 0.7281 acre Labrie tract and also
being in the East right-of-way line of Old Voth Road (based
on a width of 60 feet);
THENCE NORTH 0842'13" WEST, along and with the East
right-of-way line of Old Voth Road and the West line of the
said 0.7281 acre Labrie tract, for a distance of 196.69 feet
to a 5/8" iron rod set for corner;
THENCE NORTH 7842'36" EAST, over and across the said 0.7281
acre Labrie tract, the said 1.0797 acre Labrie tract and the
said 7.8464 acre Labrie tract, and perpendicular to the West
right-of-way line of U.S. Highway 69, 96 and 287, for a distance
of 259.11 feet to a 5/8" iron rod set for corner, said corner
being in the West right-of-way line of U. S. Highway 69, 96
and 287;
THENCE SOUTH 1117'24" EAST, along and with the West
right-of-way line of U. S. Highway 69, 96 and 287, for a distance
of 195.00 feet to the POINT OF BEGINNING and containing 1.1842
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
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
X
ANALYSIS continued
This application is in conformance with seven of the eight conditions
necessary for approval. Comments on Conditions 1, 7 and 8 follow:
3. The proposed commercial development will be compatible
with and not detrimental to other uses along the Highway
69 corridor.
7. A 6' wide landscape strip will be required along the Old
Voth Rd. frontage of the parking lot.
8. The Development Strategies Diagram of the Comprehensive
Plan designates this property as part of an Activity
Corridor. An Activity Corridor is defined as including
highway commercial, wholesale distributing and warehouse
operations, restricted light industrial, business
offices, hotels and motels and higher density residential
development.
GENERAL INFORMATION/PUBLIC UTILITIES
APPLICANT: Mark W. Whiteley & Associates,
Inc.
PROPERTY OWNER: Henry LaBrie
LOCATION: West side of Eastex Freeway,
approximately 184' north of Tram
Road.
EXISTING ZONING: GC-MD (General
Commercial-Multiple Family
Dwelling) District
PROPERTY SIZE: 1.1842 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: Vacant GC-MD (General Commercial-Multiple Family
Dwelling) District
EAST: Office/Warehouse GC-MD
SOUTH: Convenience store GC-MD
WEST: Nursing home GC-MD
GENERAL INFORMATION/PUBLIC UTILITIES continued
COMPREHENSIVE PLAN: Highway 69 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
WATER: 16" water line
SANITARY SEWER
SERVICE: 10" sanitary sewer line
PROPERTY OWNERS
BEST EMERY R
LANDERS DARRYL & PATTY
LEVINE ALLAN L
MULTIMORTGAGE BANCORP
SMV BEAUMONT GREEN ACRES LP
STARMART NO 2 LTD