HomeMy WebLinkAbout2008-Z
DATE: November 16,
2009
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 to GC-MD (General
Commercial-Multiple Family Dwelling) District or more
restrictive district
FILE: 2008-Z
STAFF REPORT
The Planning Manager recommends approval.
Harmony Missionary Baptist Church has applied for a zone change
from RS (Residential Single Family Dwelling) District to GC-MD
(General Commercial-Multiple Family Dwelling) District or more
restrictive district. The property is located at the southwest corner of
Delaware and Grand.
The church is preparing to build a 3,500 sq. ft. church building at
3040 Magnolia. The zoning of the property that the church owns is
currently split with GC-MD zoning running along Magnolia at a depth
of 156 feet. The subject half-acre will be used for parking (see site
plan). The majority of the church building and parking will be
located on that portion of the property facing Magnolia.
When the building plans for the church are reviewed for a building
permit, sidewalks will be required along Magnolia and Delaware.
Exhibits are attached.
PUBLIC NOTIFICATION
Notices mailed to property owners 41 .
Responses in Favor . Responses in Opposition
.
LEGAL DESCRIPTION FOR ORDINANCE PURPOSES
BEING a 0.4912 acre tract or parcel of land situated in the James Drake Survey, Abstract
No. 18, Jefferson County, Texas and being out of and part of Block 132 of the Beaumont
Improvement Company Subdivision and also being all of those certain two tracts of land
as described in a A Warranty Deed with Vendor=s Lien @ from Ophelia Dumesnil to
Paul A.
Brown and wife, Emma E. Brown as recorded in Volume 2211, Page 157, Deed Records,
Jefferson County, Texas, save and except that certain called 0.163 acre tract of land as
described in a A General Warranty Deed with Vendor=s Lien in Favor of Third Party @ from
Paul A. Brown and wife, Emma E. Brown to Henry James Lopez and spouse, Linda Joyce
Lopez as recorded in Film Code No. 100-73-2188, Official Public Records of Real
Property, Jefferson County, Texas, and furthermore being all of that certain tract of land
as described in a A Warranty Deed with Vendor=s Lien @ from Paul A. Brown and Emma E.
Brown to Church of The Living God as recorded in Clerk=s File No. 98-9816888, Official
Public Records of Real Property, Jefferson County, Texas and also being out of and part
of that certain called 1.3813 acre tract of land as described in a A General Warranty Deed @
from Church of the Living God to The Harmony Missionary Baptist Church as recorded in
Clerk=s File No. 2009010108, Official Public Records of Real Property, Jefferson County,
Texas, said 0.4912 acre tract being more particularly described as follows:
NOTE: All bearings are based on the Northwesterly line of that certain called 0.163 acre
tract of land as described in Clerk=s File No. 95-9504618, Official Public Records of Real
Property, Jefferson County, Texas as SOUTH 6728'00" WEST. All set 5/8" iron rods
set with a cap stamped A M. W. Whiteley & Associates @.
BEGINNING at a 5/8" iron rod found for the most Easterly corner of the tract herein
described, said corner also being the most Northerly corner of that certain called 0.163
acre tract of land as described in a A Warranty Deed @ from Western United Life Assurance
Company to Frank James and Marie Melder Thomas as recorded in Clerk=s File No.
95-9504618, Official Public Records of Real Property, Jefferson County, Texas, and said
corner being in the Southwesterly right-of-way line of Grand Avenue (based on a width of
60 feet);
THENCE SOUTH 6728'00" WEST, for the boundary between the tract herein described
and the said 0.163 acre Frank James, et al. tract, for a distance of 120.31 feet to a 5/8"
iron rod found for corner, said corner being the most Westerly corner of the said 0.163
acre Frank James, et al. tract;
THENCE SOUTH 2230'28" EAST, over and across the said 1.3813 acre Harmony
Missionary Baptist Church tract of land, for a distance of 189.84 feet to a point for corner,
said corner being in the Southeasterly right-of-way line of Delaware Street (based on a
width of 40 feet);
THENCE NORTH 6737'04" EAST, along and with the Southeasterly right-of-way line
of Delaware Street, for a distance of 105.27 feet to a 5/8" iron rod set for corner, said
corner being the intersection of the Southeasterly right-of-way line of Delaware Street and
the Southwesterly right-of-way line of Grand Avenue;
LEGAL DESCRIPTION continued
THENCE SOUTH 2702'42" EAST, along with the Southwesterly right-of-way line of
Grand Avenue, for a distance of 190.15 feet to the POINT OF BEGINNING and
containing 0.4912 ACRES, more or less.
GENERAL INFORMATION/PUBLIC UTILITIES
APPLICANT: Harmony Missionary Baptist
Church
PROPERTY OWNER: Same
LOCATION: Southwest corner of Delaware and
Grand
EXISTING ZONING: RS (Residential Single Family
Dwelling) District
PROPERTY SIZE: 0.4912 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: Storage RS (Residential Single Family Dwelling)
District
EAST: Residential RS
SOUTH: Residential RS
WEST: Vacant GC-MD (General Commercial-Multiple Family
Dwelling) District
COMPREHENSIVE PLAN: Conservation and
Revitalization
STREETS: Delaware Street - Major collector
with a 40' wide right-of-way and
an 18' pavement width; Grand
Avenue - Local street with a 50'
wide right-of-way and an 18'
pavement width
DRAINAGE: Delaware - Curb and gutter
Magnolia and Grand - Open ditch
WATER: 6" and 12" water lines
SANITARY SEWER
SERVICE: 6" and 15" sanitary sewer lines
PROPERTY OWNERS
BALTIMORE LILLIE EVELYN
BUCKLEY WILLIE
CHURCH OF THE LIVING GOD
COLEMAN JOSEPH ET UX
CONNOR CLAUDE A
COOPER ORA LEE
CORMIER THELMA
DIGGS PAUL JR
FOUTZ CHARLES D
GOLDEN TRIANGLE INVESTMENTS LP
GUIDRY WALLACE JOSEPH JR
HARRIS AVA R M
HUNTER ROY LEE ET AL
JONES BRENDA K
JOSEPH JOHNNIE ESTATE
JOUBERT WILLIE & ANGELIQUE T
KYLES KIMBERLY
LACY PERRY D
LESLIE PRESTON
LEVINE GLENDA
LOPEZ JUAN J GUERRA % RED STAR HOMES LP
MONETTE ANN
MORRIS J L JR
MYLES BERNICE
PRUITT CELESTE
ROUTT ELMER
SIMON ROBERT JR & CLYDIA
SMITH LEONA ET AL
SULLIVAN ANGELA (CD) VIDOR REALTY INC (LH)
THOMAS FRANK JAMES
TRAHAN RUTH TEZENO
TRIANGLE AIDS NETWORK
WILLIAMS BETTY D