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Home My WebLink About2055-P DATE: November 15, 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 a fluid power distributor in a GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District FILE: 2055-P NOTE: This item was mistakenly posted with the wrong zoning classification so it must be heard again. At the October 18, 2010 Joint Public Hearing, the Planning Commission recommended approval. STAFF REPORT The Planning Manager recommends approval subject to the following condition: 1. The center driveway shall remain closed and limited access shall be allowed to the most easterly and westerly driveways along McFaddin. In October, 2002, Controlled Fluids, Inc. received a specific use permit to allow a fluid power distributor at 2220 Calder. That approval was based on three conditions. One of those conditions required that the two most easterly rear driveways be closed and that the most westerly driveway be open to limited vehicular access. In February, 2010, the Planning Manager responded to a phone call from Dixon Conn, President of Controlled Fluids. Mr. Conn stated that he had fenced his property, removed the barriers from the driveways and put gates at these driveways. The Planning Manager told Mr. Conn that while the Calder reconstruction was in front of his business, he would be allowed to use the rear driveways. However, once the construction was complete, he would be required to either close the easterly driveway or ask for an amended specific use permit. In this requested amendment to the specific use permit, Mr. Conn asks that the center driveway remain closed and that limited vehicular access be allowed to the most easterly and westerly driveways along McFaddin. Exhibits are attached. PUBLIC NOTIFICATION Notices mailed to property owners 33 . Responses in Favor . Responses in Opposition . LEGAL DESCRIPTION FOR ORDINANCE PURPOSES Being Lots 1-6 and 21-26, Block 4, Averill Addition, City of Beaumont, Jefferson County, Texas, containing 2.061 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 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 4 follow: 4. The applicant requests that limited rear access be allowed through two gated driveways onto McFaddin. GENERAL INFORMATION/PUBLIC UTILITIES APPLICANT: Controlled Fluids, Inc. PROPERTY OWNER: Same LOCATION: 2220 Calder EXISTING ZONING: GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District PROPERTY SIZE: 2.61 acres, more or less EXISTING LAND USES: Commercial FLOOD HAZARD ZONE: A X @ - Areas determined to be outside 500-year floodplain SURROUNDING LAND USES: SURROUNDING ZONING: NORTH: Residential RCR-H (Residential Conservation and Revitalization-H) District EAST: Commercial RCR-H and GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District SOUTH: Commercial GC-MD(General Commercial-Multiple Family Dwelling) District WEST: Museum RCR-H and GC-MD COMPREHENSIVE PLAN: Conservation and Revitalization STREETS: Calder Avenue - Secondary arterial with a 70' wide right-of-way and a 50' pavement width; Sixth Street - Local street with a 60' wide right-of-way and a 27' pavement width; McFaddin Avenue - Local street with a 60' wide right-of-way and a 27' pavement width GENERAL INFORMATION/PUBLIC UTILITIES continued DRAINAGE: Curb and gutter WATER: Calder and Sixth - 8" water lines; McFaddin - 6" water line SANITARY SEWER SERVICE: Calder - 21" sanitary sewer line, McFaddin and Sixth - 6" sanitary sewer line PROPERTY OWNERS 2535 NORTH STREET LLC ARDMORE ADDITION % R T FERTITTA BALONEY EARNESTINE BROUSSARD SONDA JEAN ET AL BURNETT DONALD R BURNS ANTIK HAUS LLC BUSH BECKY M CHAMBERS FLORENCE ESTATE % HARDING & CARBONE INC FONTENOT HARRIS R FRACHT STUART HALLMARK DALE A & NATHALIE HIBERNIA NATIONAL BANK AS TR % HARDING & CARBONE INC HORDE MORRIS & MYRTLE MCFADDIN SQUARE ONE LLC MCFADDIN SQUARE TWO LLC MEDRANO JOSE L MORRISON TIMOTHY SR NEWBY TAMMY G & WALTER E NGUYEN TU VAN & GIAIT TONG OLD TOWN INVESTORS PHELAN HARRY DENNIS % HARDING & CARBONE INC RODRIGUEZ JUAN ROSSBAND GUNDER STANLEY CLAUD G SWEARINGEN DENNIS SWEARINGEN DENNIS & KAREN WASHINGTON MICHAEL V & CYNTHIA F WATZ GLENN WEINGARTEN REALTY INC #03 % EQUITAX PROP CONSULTANTS INC WILCOX SEAN A & MARIA C WILSON BEVERLY A