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HomeMy WebLinkAbout1960-P DATE: October 20, 2008 TO: Planning Commission and City Council FROM: Stephen C. Richardson, Planning Manager SUBJECT: Consider a request for a general land use plan and a specific use permit to allow retail and general office uses and apartments in the PUD (Planned Unit Development) District FILE: 1960-P STAFF REPORT The Planning Manager recommends approval. Leonard Kirtman, representing Global Ventures, Inc., has applied for approval of a general land use plan and a specific use permit to allow retail and general office uses and apartments in the PUD (Planned Unit Development) District. The property is located on the west side of N. Major between the LNVA canal and Perl Road. Mr. Kirtman states that approximately 34 acres with frontage of Major will consist of retail, offices and a possible supermarket. Approximately 69 acres will be developed with 1,000 apartment units. Each apartment building will be two stories in height and contain 24 units ranging from 800-1,200 sq. ft. in size. There will be 10-20 acres of open space available to the community for recreation and amenities. It is proposed that Phase One of the project will consist of the construction of 300 apartment units. This should take approximately two years to complete. The remaining apartment construction will be phased over the following four years. The construction of the commercial property should begin after the completion of Phase One of the apartments. Exhibits are attached. PUBLIC NOTIFICATION Notices mailed to property owners 89 . Responses in Favor . Responses in Opposition . LEGAL DESCRIPTION FOR ORDINANCE PURPOSES Being a 107.287 acre tract of land lying in the DANIEL EASLEY LEAGUE, Abstract No. 20 in Jefferson County, Texas, being out of and a portion of that certain 147.16 acre tract of land designated as TRACT ONE (1) and described in an instrument from Lois Hellen, Daniel Gordon Walker and Jane Ruth Morris to John H. Walker, Ellen Rienstra, Judith Linsley, Homer F. Walker, II, Lonnie C. Walker, Mark Douglas Walker, Roger Scott Walker and David Clifton Walker of record in Volume 2408 on Page 70 of the Deed Records of Jefferson County Texas said 107.287 acres being more particularly described as follows: Beginning at a 2" Rod set (in the center of a drain ditch) marking the West right-of-way line of North Major Drive (State Highway FM 364, a 120' wide ROW), the South line of the Beaumont Irrigation Canal of record in Volume 24 on Page 34 of the said Deed Records, said Beaumont Irrigation Canal is now the Lower Neches Valley Authority (LNVA), the Northeast corner of the said 147.16 acre tract and being the Northeast corner of the herein described tract; Thence S 3007'02" E (L1, as referenced on the attached Plat) with the West line of North Major Drive, the East line of the said 147.16 acre tract and the East line of the herein described tract, at 800.86' pass a Texas Department of Transportation (TxDOT) Concrete Monument, at 942.01' pass a 2" Rod marking the Northeast corner of the Final Replat of Block A, Greenfield Village of record in Volume 14 on Page 301 of the Map Records of Jefferson County Texas and continue for a total distance of 1,247.01' to a 2" Rod found marking the Southeast corner of the said Final Replat of Block A and being an angle point on the East line of the herein described tract; Thence S 5952'58" W (L2) with the South line of the said Final Replat of Block A and an interior line of the herein described tract for a distance of 440.00' to a 2" Rod found marking an interior angle point; Thence N 3007'02" W (L3) with the South line of the said Final Replat of Block A and an interior line of the herein described tract for a distance of 5.00' to a 2" Rod found marking an interior angle point; Thence S 5952'58" W (L4) with the South line of the said Final Replat of Block A and an interior line of the herein described tract for a distance of 460.00' to a 2" Rod set marking the East line of a 70' wide drainage easement dedicated in the Greenfield Village - Section One of record in Volume 14 on Page 146 of the said Map Records, the Southwest corner of the said Final Replat of Block A and being an interior angle point; Thence N 3007'02" W (L5) with the West line of the said Final Replat of Block A, the East line of the said drainage easement and an interior line of the herein described tract for a distance of 245.49' to an interior angle point; Thence N 1848'40" W (L6) with the West line of the said Final Replat of Block A, the East line of the said drainage easement and an interior line of the herein described tract for a distance of 45.39' to the Northwest corner of the said Replat of Block A, the Northeast corner of the said dedicated drainage easement and being an interior angle point; Thence S 5952'58" W (L7) with the North line of the said dedicated drainage easement and an interior line of the herein described tract for a distance of 71.39' to a 2" Rod set marking the original Northwest corner of the said Section One, the Northwest corner of the south dedicated drainage easement and being an interior angle point; Thence S 1848'40" E (L8) with the West line of the said Section One, the West line of the said drainage easement and an interior line of the herein described tract for a distance 38.33' to a 2" Rod set marking an interior angle point; Thence S 3007'02" E (L9) with the West line of the said Section One, the West line of the said drainage easement and an interior line of the herein described tract for a distance 316.83' to a 2" Rod set marking an interior angle point; Thence S 0025'04" W (L10) with the West line of the said Section One, the West line of the said drainage easement and an interior line of the herein described tract for a distance of 154.97' to a 2" Rod set marking Southerly West line of that certain 9.96 acre tract of land described in an instrument to the Easley Land Company of record in Film Code No. 100-10-0018 of the Official Public Records of Jefferson County, Texas and being an interior angle point; Thence N 8934'56" W (L11) with the Southerly West line of the said 9.96 acre tract and an interior line of the herein described tract for a distance of 104.43' to a 2@ Rod set marking an angle point on the West line of the said 9.96 acre tract an being an interior angle point; Thence S 0022'20" E (L12) with the West line of the said 9.96 acre tract and an interior line of the herein described tract for a distance of 194.48' to a 2" Rod set marking the Southwest corner of the said 9.96 acre tract and being an interior angle point; Thence S 8935'45" E (L13) with the South line of the said 9.96 acre tract, at 87.32' pass a 5/8" Rod found marking the Southwest corner of the said Section One, and continue with the South line of the said Section One and an interior line of the herein described tract, at 1,066.55' pass a 5/8" Rod found marking the Northwest corner of that certain 4.00 acre tract of land described in a Subsurface Easement to Anadarko Petroleum Corporation of record in County Clerk=s File No. 95-9511580 of the Official Public Records, at 1,097.07' pass a Capped Rod found marking the Southeast corner of the said Section One and the Southwest corner of that certain 3.2701 acre tract of land described in an instrument to Parigi Property Management, Ltd, of record in County Clerk=s File No. 2003023009 of the Official Public Records and continue for a total distance of 1,429.19' to a Capped Rod found marking the West line of North Major Drive; the Southeast corner of the said 3.2701 acre tract, the Northeast corner of the said 4.00 acre tract, the East line of the said 147.16 acre tract in a curve to the right and being an angle point on the East line of the herein described tract; Thence Southerly (L14*) with the West line of North Major Drive, the East line of the said 147.16 acre tract, the East line of the said 4.00 acre tract, the East line of the herein described tract and the said curve to the right, having a Radius of 1,034.73', a Chord that bears S 1341'39" E, a Chord distance of 407.89' of an Arc distance of 410.58' to a point marking the end of said curve and being an angle point on the East line of the herein described tract; Thence S 0116'48" E (L15) with the West line of North Major Drive, the East line of the said 147.16 acre tract, the East line of the said 4.00 acre tract and the East line of the herein described tract for a distance of 5.18' to a TxDOT Concrete Monument found marking the Northeast corner of Beau Terrance Subdivision of record in Volume 5 on Page 79 of the said Map Records, the Southeast corner of the said 4.00 acres, the Southeast corner of the said 147.16 acre tract and being the Southeast corner of the herein described tract; Thence S 8901'42" W (L16) with the North line of the said Beau Terrace, the North line of Beau Terrace Addition No. 2 of record in Volume 5 on Page 93 of the said Map Records, the South line of the said 4.00 acre tract, the South line of the said 146.16 acre tract and the South line of the herein described tract for a distance 1,119.67' to a 2" Rod found marking the Northeast corner of Block No. 3 of the Pearl Acres Subdivision of record in Volume 4 on Page 139 of the said Map Records and being an angle point on the South line of the herein described tract; Thence S 8856'05" W (L17) with the North line of the Block 3, the South line of the said 147.16 acre tract and the South line of the herein described tract for a distance of 561.50' to a 2" Rod found marking the Northwest corner of the said Block 3, the Northeast corner of Block 4 of the said Pearl Acres Subdivision and being an angle point on the South line of the herein described tract; Thence S 8854'53" W (L18) with the North line of the said Block 4, the South line of the said 147.16 acre tract and the South line of the herein described tract for a distance of 280.09' to a 2" Rod found marking an angle point on the South line of the herein described tract; Thence S 8857'06" W (L19) with the North line of the said Pearl Acres Subdivision, the South line of the said 147.16 acre tract and the South line of the herein described tract for a distance of 2,520.72' to the centerline of a 130' wide drainage easement shown on Plat prepared by Gerrod & Dartez of record in an instrument to Jefferson County Drainage District No. 6 of record in Film Code No. 101-34-2589 of the said Official Public Records, the Southeast corner of that certain 31.24 acre tract of land described in an instrument to Howard D. Wilcox of record in County Clerk=s File No. 2002007175 of Real Property Records of Jefferson County, Texas, being in a curve to the right and being the Southwest corner of the herein described tract; Thence Northerly (L20*) along the centerline of the said 130' wide drainage easement, the East line of the said 31.24 acre tract and the West line of the herein described tract and the said curve to the right, having a Radius of 345.00', a Chord that bears N 1148'17" W, a Chord distance of 92.96' for an Arc distance of 93.25' to a point marking the end of said curve and being an angle point on the West line of the herein described tract; Thence N 0403'25" W (L21) with the centerline of the said 130' wide drainage easement, the East line of the said 31.24 acre tract and the West line of the herein described tract for a distance of 348.76' to an angle point on the West line of the herein described tract; Thence N 0930'39" E (L22) with the centerline of the said 130' wide drainage easement, the East line of the said 31.24 acre tract and the West line of the herein described tract for a distance of 86.51' to the South line of the said LNVA Canal, the Northeast corner of the said 31.24 acre tract, the North line of the said 147.16 acre tract and being the Northwest corner of the herein described tract; Thence the following five (5) courses along the South line of the LNVA Canal, the North line of the said 147.16 acre tract and the North line of the herein described tract: 1) S 8947'21" E (L23) for a distance of 362.67' to an angle point. 2) N 8128'37" E (L24) for a distance of 556.78' to an angle point. 3) N 6718'33" E (L25) for a distance of 393.49' to an angle point. 4) N 4950'01" E (L26) for a distance of 1,281.48' to an angle point. 5) N 4919'18" E (L27) for a distance of 1,341.06' to the point and place of beginning, containing in area, 107.287 acres of land, more or less. SAVE AND EXCEPT: The place of beginning is an iron stake in the southeast corner of said 10 acre tract. Such stake is also in the West line of FM Highway 3120. It also locates the beginning of a non-tangent curve to the right whose central angle is 24 degrees 14 minutes and whose radius is 1,034.73 feet. THENCE in a Southwesterly direction with the arc of said curve and with the West right-of-way line of FM Highway No, 3120 an arc distance of 393.27 feet to an iron stake at a fence corner locating the Southeast corner of said 147.16 acre tract of land and lying in the North line of the Beau Terrace Addition; THENCE South 89 degrees 03 Minutes and 29 Seconds West with the North line of Beau Terrace Addition a sufficient distance to form a 4.0 acre tract within the four calls herein contemplated. THENCE due North to the south line of said 10 acre tract THENCE South 89 degrees 31 minutes and 32 Seconds East with the south line of said 10 acre tract to the iron stake in the West line of said Highway No. 3120, making the place of beginning; City of Beaumont, Jefferson County, Texas, Containing 104.287 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 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 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 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 Conditions 1 and 3 follow: 1. The proposed development will not be detrimental to surrounding land uses and will not impede the normal development of surrounding vacant property. 3. The development will be constructed to city standards and will meet all applicable codes. GENERAL INFORMATION/PUBLIC UTILITIES APPLICANT: Leornard Kirtman for Global Ventures, Inc. PROPERTY OWNER: Blue Crow Properties LOCATION: West side of N. Major between LNVA canal and Perl EXISTING ZONING: PUD (Planned Unit Development) District PROPERTY SIZE: 103 acres, more or less EXISTING LAND USES: Vacant FLOOD HAZARD ZONE: A X @ - Areas determined to be outside 500-year floodplain; Shaded A X @ - Areas determined to be inside 100-year floodplain SURROUNDING LAND USES: SURROUNDING ZONING: NORTH: Vacant A-R (Agricultural-Residential) District EAST: Vacant RS (Residential Single Family Dwelling) District ; RM-M (Reside ntial Multipl e Family Dwellin g-Medi um Density )Distric t; PUD (Planne d Unit Develop ment) District SOUTH: Residential, vacant RS, PUD WEST: Vacant A-R COMPREHENSIVE PLAN: Neighborhood Growth Unit STREETS: N. Major Drive - Major arterial with a 70' wide right-of-way and 2 lanes GENERAL INFORMATION/PUBLIC UTILITIES continued DRAINAGE: Open ditch WATER: 8" and 30" water lines SANITARY SEWER SERVICE: 10" and 36" sanitary sewer lines PROPERTY OWNERS ALLEN WILLIAM S ANDRUS SANDRA G ARCENEAUX JOE & LINDA ARNOLD L E & ANNIE E ARNOLD L E & ELIZABETH BALDWIN KATHY WOODING BALDWIN MARY J BENTER KIRK BERGER LINDA & LISA R THIBODEAUX BLACKMON ROYE BLEVINS HUGH MRS BROUSSARD P E COURTS IRENE COURTS IRENE U DAVIS MOLLIE E DEWITT ALICE E EASLEY LAND CORP FERRELL SANDRA & MARK E FLORY SHARON A GALLIER JAMES W DBA GALLIER CONSTRUCTION GILBERT PATRICIA G GOLDMAN JAMES G GRAHMANN CHARLES V-BISHOP ROMAN CATHOLIC DIOCESE GREER BLANCHE GRIFFIN DIANE FICHERA HASKETT TABATHA & MCKINLEY DAVID LITTLE JR HENDON LINDA G HOUSEMAN EDNA % HARDING & CARBONE INC HUDSON RHEA KELLY EMMA LOUISE LESLIE JULIA ANN LINSLEY JUDITH E & AL LISOTTA PROPERTIES LTD LOWE JESSICA LOWER NECHES VALLEY AUTHORITY MCCLURE JANICE MOAK T W SR NOLEN KAREN PARKER LINDA GAY & DONALD RINK PERL ACRES % S L GREENBERG PONTHIEU LINDA PRAISE CHRISTIAN CENTER REYES FELICIA RINK DONALD G & LINDA G ROSTROM SANDRA K SELF EARL RAY SMITH PENNY SMITH SAMUEL G JR STERN ROBERT G TALAIS STEVEN S THIBODEAUX LINDA S THIBODEAUX LISA R & LINDA BERGER TOWNSEND ANNA TRAYLOR JOHN E ET UX VINCENT PAULETTE MAHER VIRGILIO JOHN G WALKER DANIEL GORDON WALKER DANIEL GORDON MD WALKER JOHN H ET AL WILBANKS CHARLES M WILBUR O R % GENE WILBUR WILCOX HOWARD D WILLIAMS NANCY LYNNE