HomeMy WebLinkAbout2028-P
DATE: April 19, 2010
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: 2028-P
STAFF REPORT
The Planning Manager recommends approval subject to the following condition:
1. Install a six (6) foot wide landscape strip along the Eastex
Freeway frontage of the parking lot.
2. Install sidewalks along the property frontages on Eastex
Freeway and Old Voth Road.
Mark W. Whiteley & Associates, Inc. has applied for a specific
use permit to allow the construction of office/warehouses in
a GC-MD (General Commercial-Multiple Family Dwelling) District.
The property is located on the west side of the Eastex Freeway,
north of Tram Road.
The owner of this property is also the owner of the property
to the south. That property received a specific use permit
in 2008 to allow a similar use. The property owner would like
to continue the office/warehouse concept on adjacent
properties. The new office/warehouses will consist of 3,000
sq. ft. of space.
Exhibits are attached.
PUBLIC NOTIFICATION
Notices mailed to property owners 8 .
Responses in Favor . Responses in Opposition
.
LEGAL DESCRIPTION FOR ORDINANCE PURPOSES
BEING a 0.8551 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 15122,
Page 186, Deed Records, Jefferson County, Texas, and being out
of and part of the West 20 feet of the West one-half 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 @ form 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 0.8551 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 inthe
above referenced Film Code No. 102-54-2500, Official Public
Records of Real Property, Jefferson County, Texas, as SOUTH
1115'00" EAST.
COMMENCING at a 2" iron rod in concrete found for the Southeast
corner of that certain called 1.1842 acre tract of land, 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 the U. S. Highway
69, 96 and 287;
THENCE NORTH 1117'24" WEST, 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 a 5/8" iron rod set for the Southeast corner of the tract
herein described and the POINT OF BEGINNING, said corner also being
the most Northerly corner of the said 1.1842 acre tract of land;
LEGAL DESCRIPTION continued
THENCE SOUTH 7842'36" WEST, along and with the common line
of the tract herein described and the said 1.1842 acre tract,
for a distance of 259.11 feet to a 5/8" iron rod found for corner,
said corner 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 145.15 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, for a distance of 259.60 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 0200'42" EAST, along and with the West
right-of-way line of U. S. Highway 69, 96 and 287, for a distance
of 43.71 feet to a 5/8" iron rod set for corner;
THENCE SOUTH 1117'24" EAST, continuing along and with the West
right-of-way line of U. S. Highway 69, 96 and 287, for a distance
of 101.86 feet to the POINT OF BEGINNING and containing 0.8551
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 property owner will need to provide a six (6) foot
landscape strip along the Eastex Freeway frontage of the
parking lot.
GENERAL INFORMATION/PUBLIC UTILITIES
APPLICANT: Mark W. Whiteley & Associates,
Inc.
PROPERTY OWNER: Henry Labrie
LOCATION: West side of Eastex Freeway,
north of Tram
EXISTING ZONING: GC-MD (General
Commercial-Multiple Family
Dwelling) District
PROPERTY SIZE: 0.8551 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: Eastex Freeway GC-MD
SOUTH: Commercial GC-MD
WEST: Nursing Home 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
DE LOS REYES RAUL J ET AL
H/S LABRIE FAMILY LP
LANDERS DARRYL & PATTY DBA LANDERS INVESTMENTS
LEVINE ALLAN L FAMILY TRUST
SADDLETHREE INC
SMV BEAUMONT GREEN ACRES LP
STARMART NO 2 LTD