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HomeMy WebLinkAbout1861-Z DATE: January 22, 2007 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: 1861-Z STAFF REPORT The Planning Manager recommends approval of this request. Mark W. Whiteley & Associates, Inc. is requesting a zone change from RS (Residential Single Family Dwelling) District to GC-MD (General Commercial-Multiple Family Dwelling) District for a 41 acre tract of land located on the east side of Major Drive, south of Peveto. Mr. Whiteley states that the purpose of this request is to allow for the development of health care related facilities on the subject property, beginning with a full care nursing home and a future assisted living center and other related medical and health care facilities. The property owner plans on constructing a roadway with a 60' wide right-of-way through the subject property to provide for future access. This roadway, as proposed, would provide for the development of the property with a minimum number of curb cuts on Major. Along S. Major Drive, a number of rezonings to GC-MD have occurred over the years. The nearest GC-MD zoning is a 1.65 acre tract southwest of the subject property. Exhibits are attached. PUBLIC NOTIFICATION Notices mailed to property owners 30 . Responses in Favor . Responses in Opposition . LEGAL DESCRIPTION FOR ORDINANCES PURPOSES A 41.031 acre tract of land out of the Charles Williams Survey, Abstract 59, in the Amelia area of the City of Beaumont, Jefferson County, Texas, being located along and adjacent to the East right-of-way line of Major Drive, and along and adjacent to the South right-of-way line or Peveto Road, and described by metes and bound as follows: BEGINNING at an iron pin which marks the Southwest corner of the Riley tract of land, as described in Vol. 1661, Page 430, of the Deed Records of Jefferson County, Texas, said beginning corner being located a distance of 267.2 feet, measured along the East right-of-way line of Major Drive, from the South right-of-way line of Peveto Road; THENCE S. 89 DEG. 49' 24" E. along the South line of the tracts of land described in Vol. 1661, Page 430, Vol. 1048, Page 53, Vol. 1324, Page 127, Vol. 1348, Page 523, and Vol. 1327, Page 511, of the Deed Records of Jefferson County, Texas, a distance of 781.31 feet to an iron pin for corner at the Southeast corner of the Craigen tract as described in Vol. 1327, Page 511, of the Deed Records; THENCE N. 00 deg. 18' 52" E. along the East line of the Craigen tract a distance of 266.91 feet to an iron pin for corner in the South line of Peveto Road; THENCE S. 89 deg 56' 43" E. along the South line of Peveto Road a distance of 397.93 feet to an iron pin for corner at the Northwest corner of a 0.344 acre tract a land described in Volume 1115, Page 37, of the Deed Records; THENCE S. 00 deg. 08' 19" W. along the West line of the 0.344 acre tract a distance of 150.00 feet to an iron pin for corner; THENCE N. 89 deg 48' 04" E. along the South line of the 0.344 acre tract a distance of 99.68 feet to an iron pin for corner (call distance is 100.00 feet); THENCE N. 00 deg 18' 25" E. along the East line of the 0.344 acre tract a distance of 149.87 feet to an iron pin for corner in the South line of Peveto Road (call distance is 150.00 feet); THENCE S.89 deg 55'47" E. along the South line of Peveto Road a distance of 649.42 feet to a galvanized pipe for corner at the Northeast corner of the Cummins so-called 100-acre tract; THENCE S. 00 deg. 33' 43" E. along the East line of the Cummins tract a distance of 1035.28 feet to an iron rod for corner in the North line of the Lower Neches Valley irrigation canal right-of-way; THENCE S. 89 deg. 48' 33" W. along the North right-of-way line of said irrigation canal right-of-way a distance of 1937.55 feet to a galvanized pipe for corner in the East right-of-way line of the aforementioned Major Drive; THENCE N. 00 deg 12' 39" W. along the East right-of-way line of Major Drive a distance of 778.16 to the place of beginning. GENERAL INFORMATION/PUBLIC UTILITIES APPLICANT: Mark W. Whiteley & Assoc., Inc. PROPERTY OWNER: George Dishman, Jr. and James Dishman LOCATION: East side of Major, south of Peveto EXISTING ZONING: RS (Residential Single Family Dwelling) District PROPERTY SIZE: 41.0 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: Residential, vacant RS (Residential Single Family Dwelling) District EAST: Vacant RS SOUTH: LNVA canal, residential, vacant RS WEST: Vacant RS, GC-MD (General Commercial-Multiple Family Dwelling) District COMPREHENSIVE PLAN: Neighborhood Growth Unit STREETS: Major Drive - Major arterial with a 120' right-of-way and 4 lanes with a left turn lane; Peveto Road - Local street with a 60' wide right-of-way and a 20' pavement width DRAINAGE: Open ditch WATER: 6" water lines SANITARY SEWER SERVICE: 8" sanitary sewer lines PROPERTY OWNERS BALTIMORE R V & MARGARET A HIXSON GARTH CHARLES RAYMOND J & DELLA KNUTH CALVIN D ET UX DE LA GARZA JOHN SANCHEZ ROSALIND A BORDEMAN EUGENE & SANDRA TYRRELL-COMBEST LTD TYRRELL-COMBEST PROPERTIES TYRRELL-COMBEST PROPERTIES FORMER SHAREHOLDERS TYRRELL-COMBEST LTD TYRRELL-COMBEST PROPERTIES FORMER SHAREHOLDERS DISHMAN G A LEFTWICH RANDY W & LAURIE (CD), BICKLEY DAVID & DORLEEN R (LH) TAYLOR BILLY W ET UX HUMPHREYS LORETTA AULDS ELIZABETH GORRELL TERRY L DISHMAN GEORGE A JR & JAMES EMMANUEL BAPTIST CHURCH OF JESUS CHRIST INC BROOKS DENNIS & TRACIE TRAN TU-ANH & BRENT NICHOLS NICHOLS BRENT M & TU-ANH TRAN EXXONMOBIL OIL CORPORATION % PROPERTY TAX DIVISION JOHNSEN PETER ETUX RADFORD KRISTEN LYNN TRUST % HARDING & CARBONE INC RADFORD KIMBERLY ANN TRUST % HARDING & CARBONE INC RADFORD RHONDA KAY TRUST % HARDING & CARBONE INC DISHMAN HERBERT E LOWER NECHES VALLEY AUTHORITY EXXONMOBIL OIL CORPORATION % PROPERTY TAX DIVISION