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Home My WebLink About1865-P DATE: March 19, 2007 TO: Planning Commission and City Council FROM: Stephen C. Richardson, Planning Manager SUBJECT: Consider a request for a specific use permit to allow a skilled nursing home in a GC-MD-2 (General Commercial-Multiple Family Dwelling) District. FILE: 1865-P STAFF REPORT The Planning Manager recommends approval of this request subject to the following condition: 1. A sidewalk will be required along Major Drive. (Planning) James Moore with Centex Management Co. is requesting a specific use permit to allow a skilled nursing facility on 5.74 acres of property located on the east side of S. Major, approximately 267' south of Pevitot. City Council rezoned this property and an additional 35.26 acres to GC-MD-2 in January, 2007. The 45,000 sq. ft., 120 bed skilled nursing home is the first of at least two medical related facilities that are proposed on the 41 acres. Access to the facility will be off of a 60' roadway to be built. Exhibits are attached. PUBLIC NOTIFICATION Notices mailed to property owners 9 . Responses in Favor . Responses in Opposition . LEGAL DESCRIPTIONS FOR ORDINANCE PURPOSES BEING a 5.6046 acre tract or parcel of land situated in the Charles Williams Survey, Abstract No. 59, Jefferson County, Texas, and being out of and part of that certain 41.031 acre tract of land as described in a A Warranty Deed with Vendor=s Lien @ from Harold Lee Richardson to George A. Dishman, Jr and James C. Dishman as recorded in Volume 2330, Page 425, Deed Records, save and except that certain called 0.288 acre tract of land as described in a deed from George A. Dishman and James C. Dishman to the State of Texas as recorded in Clerk=s File No. 95-9530117, Official Public Records of Real Property, Jefferson County, Texas, said 5.6046 acre tract being more particularly described as follows: BEGINNING at the Northwest corner of the remainder of the said 41.031 acre Dishman tract, said corner also being the most Northerly corner of the said 0.288 acre State of Texas tract and in the East right-of-way line of F.M. Highway 364 (also known as Major Drive), said corner also being the Southwest corner of that certain called 0.40 acre tract, identified as Tract II, as described in a A Warranty Deed @ from Vance Buran Riley, Jr. and James Carroll Riley to Billy Wayne Taylor and wife, Carol Taylor as recorded in Firm Code No. 102-79-0279, Official Public Records of Real Property, Jefferson County, Texas; THENCE South 89 49' 24" East, for the boundary between the tract herein described and the said 0.40 acre Taylor tract and that certain called 1.17 acre tract of land as described in a A Warranty Deed @ from John Ming Warrick, Individually and as Independent Executor of the Estate of Jimmie Lee Warrick to Dick H. Humphreys and wife, Loretta Humpheys as recorded in Film Code No. 103-76-2079, Official Public Records of Real Property, Jefferson County, Texas and that certain called 0.61 acre tract of land as described in a deed to J.A. Stephens as recorded in Volume 1324, Page 127, Deed Records, Jefferson County, Texas and that certain called 0.615 acre tract, identified as Tract One, as described in a A General Warranty Deed with Vendor=s Lien in Favor of Third Party @ from Robert L. Craigen and Barbara Craigen to Terry L. Gorrell as recorded on Clerk=s File No. 94-9417784, Official Public Records of Real Property, Jefferson County, Texas, the same being the most Southerly North line of the remainder of the said 41.031 acre Dishman tract, for a distance of 500.00 feet to a point for corner; THENCE South 00 10' 36" WEST, perpendicular to the most Southerly North line of the remainder of the said 41.031 acre Dishman tract, for a distance of 500.00 feet to a point for corner; THENCE NORTH 89 49' 24" WEST, parallel to the most Southerly North line of the remainder of the said 41.031 acre Dishman tract, for a distance of 475.48 feet to a point for corner, said corner being in the East right-of-way line of F.M. Highway 364; THENCE NORTH 02 48' 55" WEST, along and with the East right-of-way line of F.M. Highway 364, for a distance of 328.87 feet to a point for corner; THENCE NORTH 02 16' 37" WEST, continuing along and with the East right-of-way line of F.M. Highway 364, for a distance of 171.74 feet to the POINT OF BEGINNING and containing 5.6046 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: 2. In January, 2007, City Council approved GC-MD-2 zoning for 41 acres of land that includes the subject property. Medical related uses are proposed for some, if not all, of the 41 acres. The nursing facility will be compatible with the other proposed development on the overall tract. 3. DD#6 is interested in how the drainage of the subject property will be handled. DD#6 states that drainage will most likely involve the Major Drive drainage system. If so, the drainage will require TxDOT approval. DD#6 suggests that platting of the entire 41 acres as soon as possible to determine the overall drainage system. GENERAL INFORMATION/PUBLIC UTILITIES APPLICANT: The Westwind Corp., dba Centex Management Co. PROPERTY OWNER: George A. Dishman, Jr. and James C. Dishman LOCATION: East side of S. Major, approximately 267.2' south of Pevitot. EXISTING ZONING: GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District PROPERTY SIZE: 5.74 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 RS (Residential Single Family Dwelling) District EAST: Vacant GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District SOUTH: Vacant GC-MD-2 WEST: Vacant RS COMPREHENSIVE PLAN: Neighborhood Growth Unit GENERAL INFORMATION/PUBLIC UTILITIES continued STREETS: S. Major Drive - Major arterial with a 120' wide right-of-way and 4 lanes with a left turn lane DRAINAGE: Open ditch WATER: 6" water lines SANITARY SEWER SERVICE: 8" sanitary sewer lines PROPERTY OWNERS TYRRELL-COMBEST LTD TYRRELL-COMBEST PROPERTIES TYRRELL-COMBEST PROPERTIES FORMER SHAREHOLDERS DISHMAN G A TAYLOR BILLY W ET UX HUMPHREYS LORETTA AULDS ELIZABETH GORRELL TERRY L