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HomeMy WebLinkAbout1984-Z DATE: April 20, 2009 TO: Planning Commission and City Council FROM: Stephen C. Richardson, Planning Manager SUBJECT: Consider a request for a zone change from LI (Light Industrial) District to RM-H (Residential Multiple Family Dwelling-Highest Density) District FILE: 1984-Z STAFF REPORT The Planning Manager recommends approval. The NRP Group, Inc. has applied for a zone change from LI (Light Industrial) District to RM-H (Residential Multiple Family Dwelling-High Density) District. The property is located on the south side of Chinn Lane and east of the Eastex Freeway. The applicant states that the purpose of the zone change is to allow for the construction of a 252 unit apartment complex on the subject 15.53 acres. The three story garden style apartments will be developed at a density of 17 units per acre. The development will be gated and include a pool and clubhouse. Under the current zoning classification, a wide variety of commercial and industrial uses could be developed on the property which could negatively affect the residential properties to the south. The Comprehensive Plan designates the property north of Chinn Lane as A Light Industrial @. RM-H zoning allows residential uses by right and some office uses with a specific use permit. The permitted uses in RM-H are much more compatible with the neighboring single family uses and the proposed apartments would act as a buffer between future industrial uses and single family. Chinn Lane is classified as a Major Collector street. It has a 37' pavement width and was developed to handle the amount of traffic that is generated by an apartment complex. Exhibits are attached. PUBLIC NOTIFICATION Notices mailed to property owners 17 . Responses in Favor . Responses in Opposition . LEGAL DESCRIPTION FOR ORDINANCE PURPOSES That certain 15.53 acre tract out of the W. B. Dyches Survey, Abstract 17, Jefferson County, Texas, out of a called 131.467 acre tract conveyed to Howard Grant Nichols Family Limited Partnership as recorded in Clerks File No. 2000016829 of the Official Public Records of Real Property of Jefferson County, Texas and a called 1.08 acre tract (Tract 1) and a called 0.611 acre tract (Tract 2) conveyed to H. G. Nichols, Sr. as recorded in Volume 1928, Page 372 of the Deed Records of Jefferson County, Texas, and including a portion of those easements (Parcel One and Two) granted to the City of Beaumont as recorded in Volume 1270, Page 528 of the Deed Records of Jefferson County, Texas, said 15.53 acres being more particularly described by metes and bounds as follows: Note: The Basis of Bearings is a southeast line of the said 131.467 acre tract and a north line of Suburban Acres Unit Two, a plat recorded in Volume 7, Page 193 of the Map Records of Jefferson County, Texas having been called South 4733'03" West. BEGINNING at a 1/2" iron rod found at the intersection of a north line of said Suburban Acres Unit Two and a southeast line of the said 131.467 acre tract with the southerly right-of-way line of Chinn Lane for the northeast corner of the said 15.53 acre tract; THENCE South 3533'26" West along the said north line of Suburban Acres Unit Two, the said southeast line of the 131.467 acre tract and an east line of the said 15.53 acre tract a distance of 268.71 feet (called South 3537'24" West) to a 2" iron rod found for an angle point; THENCE South 4733'03" West continuing along a portion of the said north line of Suburban Acres Unit Two, the said southeast line of the 131.467 acre tract and an east line of the said 15.53 acre tract a distance of 219.12 feet (called South 4733'03" West) to a point for the northeast corner of a called 5.574 acre tract conveyed to Robert L. Corbello as recorded in Clerks File No. 2007001675 of the Official Public Records of Jefferson County, Texas and the southeast corner of the said 15.53 acre tract; THENCE North 4226'57" West along a north line of the said 5.574 acre tract and a south line of the said 15.53 acre tract a distance of 71.29 feet (called North 4226'57" West 71.29 feet) to a point for corner; THENCE South 7845'09" West continuing along a north line of the said 5.574 acre tract and a south line of the said 15.53 acre tract a distance of 807.57 feet to a 5/8" iron rod found in the east right-of-way line of U.S. Highway 69, 96 and 287 for the northwest corner of the said 5.574 acre tract and the southwest corner of the said 15.53 acre tract; THENCE North 1114'51" West along the said east right-of-way line of U.S. Highway 69,96 and 287 and the west line of the said 15.53 acre tract a distance of 470.46 feet (called North 1115'52" West) to a point for the most westerly northwest corner of the said 15.53 acre tract; LEGAL DESCRIPTION continued THENCE North 7846'42" East along an interior line of the said 15.53 acre tract a distance of 298.25 feet to a point for an interior corner of the said 15.53 acre tract; THENCE North 1114'51" West along an interior line of the said 15.53 acre tract a distance of 298.25 feet to a point in the said southerly right-of-way line of Chinn Lane for the most northerly northwest corner of the said 15.53 acre tract; THENCE North 7846'42" East along the said southerly right-of-way line of Chinn Lane and the north line of the said 15.53 acre tract a distance of 49.24 feet (called North 7839'00" East) to a 2" iron rod found for the PC of a curve; THENCE along the said southerly right-of-way line of Chinn Lane and the said north line of the 15.53 acre tract with a curve to the right having a chord bearing of South 7757'44" East, a chord distance of 694.08 feet and a radius of 873.54 feet, a distance along the curve of 713.77 feet to a 2" iron rod found for an angle point; THENCE South 5432'28" East continuing along the said southerly right-of-way line of Chinn Lane and the said north line of the 15.53 acre tract a distance of 354.07 feet (called South 5428'30" East 354.07 feet) to the POINT OF BEGINNING and containing 15.53 acres of land, more or less. GENERAL INFORMATION/PUBLIC UTILITIES APPLICANT: NRP Group, Inc. PROPERTY OWNER: Howard Grant Nichols Family Limited Partnership LOCATION: South side of Chinn Lane and east of Eastex Freeway EXISTING ZONING: LI (Light Industrial) District PROPERTY SIZE: 15.53 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 LI (Light Industrial) District EAST: Vacant LI SOUTH: Residential RS (Residential Single Family Dwelling) District WEST: Eastex Freeway LI COMPREHENSIVE PLAN: Stable Area STREETS: Chinn Lane - Major collector street with a 60' wide right-of-way and a 37' pavement width DRAINAGE: Curb and gutter WATER: 12" water line SANITARY SEWER SERVICE: Force Main of undetermined size PROPERTY OWNERS BARTELL CURTIS R ET UX BLANCHETTE DAWN RENEE BLANCHETTE PAUL FORGAS V R JR GUILLORY JOSEPH G & JACQUELINE LOWE BONNIE J MILLICAN STEVEN C ET AL NAILS SHARON R NICHOLS COMPANY LP NICHOLS H G NICHOLS HOWARD GRANT FAMILY RUNNELS DAN MARCUS SCALISI NANCY LORAINE SEARS DONALD RAY TEXAS QUALITY TRIM WOOLRIDGE CLIFFORD W