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DATE: December 21, 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-2 (General Commercial-Multiple Family
Dwelling-2) District or more restrictive district and a specific use
permit to allow driveway access to a proposed storage facility in
a GC-MD-2 District
FILE: 2012-P
STAFF REPORT
The Planning Manager recommends approval subject to the following
conditions:
1. The driveway layout shall be approved by the Transportation
Engineer
2. An 8' tall wood screening fence shall be constructed along
the south property line, stopping a minimum of 16' from
the edge of the street
and with a modification of the landscaping/screening
requirement along the south property line (no 10' wide landscape
strip).
Fittz & Shipman, Inc., representing Austin Dishman, has applied
for a zone change from RS (Residential Single Family Dwelling)
District to GC-MD-2 (General Commercial-Multiple Family
Dwelling-2) District and a specific use permit to allow a
driveway to a proposed self-storage facility.
In October, 2009, City Council approved a zone change and a
specific use permit to allow a self-storage warehouse facility
on 13 acres north and west of the subject property. Driveways,
as shown on the original site plan, will not be allowed because
of their proximity to railroad quiet zones. In train quiet
zones, federal regulations prohibit driveways accessing
commercial properties because they are considered to be
intersections.
Therefore, the developer has to provide an alternative if he
is going to provide access to his mini-warehouse facility.
Under the current proposal, Mr. Dishman is leasing a 0.32 acre
tract of land from DD#6 and would move the proposed driveway
outside either railroad quiet zone.
Exhibits are attached.
PUBLIC NOTIFICATION
Notices mailed to property owners 9 .
Responses in Favor . Responses in Opposition
.
LEGAL DESCRIPTION FOR ORDINANCE PURPOSES
Being that certain tract of land out of the C. Williams Survey,
Jefferson County, Texas a part of that certain tract of land
conveyed to A.P. Werner et ux by Raymond Crow by deed under date
of July 9, 1955 and of record in Vol. 988, p. 273 of the Deed Records
of Jefferson County, City of Beaumont, Jefferson County, Texas,
containing 0.32 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
b2. 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 X
8. That the proposed use is in accordance
with the Comprehensive Plan. X
ANALYSIS continued
This application is in conformance with six of the eight conditions necessary
for approval. Comments on Conditions 4 and 7 follow:
4. The current site plan shows the driveway turn radius
extending in front of the property to the south. The turn
radii for the driveway must not extend into either the
quiet zone or beyond the south property line. The Planning
Manager is recommending that approval be granted subject
to the driveway layout being approved by the Transportation
Engineer.
7. The applicant is requesting a modification to the
landscaping/screening requirements along the south
property line of the subject property. The Planning
Manager recommends that an 8' tall wood screening fence
be installed along the south property line, stopping at
least 16' from the edge of the street and that the 10'
wide landscape strip along that property line be waived.
GENERAL INFORMATION/PUBLIC UTILITIES
APPLICANT: John Holm for Fittz &
Shipman, Inc.
PROPERTY OWNER: DD#6
LOCATION: West side of Pinchback, between
the two railroads
EXISTING ZONING: RS (Residential Single
Family Dwelling) District
PROPERTY SIZE: 0.32 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-2 (General
Commercial-Multiple Family Dwelling) District
EAST: Residential RS
SOUTH: Residential, vacant RS
WEST: Vacant GC-MD-2
GENERAL INFORMATION/PUBLIC UTILITIES continued
COMPREHENSIVE PLAN: Stable Area
STREETS: Pinchback Road - Local street with a
50' wide right-of-way and a 20'
pavement width
DRAINAGE: Open ditch
WATER: 6" water line
SANITARY SEWER
SERVICE: 8" sanitary sewer line
PROPERTY OWNERS
DISHMAN G AUSTIN
DISHMAN GEORGE AUSTIN
FERGUSON DEAS ET UX
JEFFERSON COUNTY D D 6
PINCHBACK JOYCE
SANDERS SANDRA KAY
WILLIAMS ERVIN ANDREW JR & VICKIE KAY