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Home My WebLink About1902-P DATE: August 20, 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 dental and an optometry office in a GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District. FILE: 1902-P STAFF REPORT The Planning Manager recommends approval of this request subject to the following condition: 1. Provide an 8' tall wood screening fence and 10' wide landscape strip along the east and south property lines. Daron Etie has applied for a specific use permit to allow a dental office in a GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District. The property is located on the east side of the Delaware Extension, approximately 106' northeast of Wilcox Lane. In June, 2005, City Council approved a zone change to GC-MD-2 and a specific use permit to allow medical offices and a day care center. The Zoning Ordinance states that construction must commence and be substantially underway within a two year time period or the specific use permit will become null and void. Construction has not begun so the specific use permit expired in June of this year. The original specific use permit included 8,000 sq. ft. of medical offices in two buildings and an 8,000 sq. ft. day care center. The new specific use permit request is for a 2,475 sq. ft. dentist office in a single building. Exhibits are attached. PUBLIC NOTIFICATION Notices mailed to property owners 19 . Responses in Favor . Responses in Opposition . LEGAL DESCRIPTION FOR ORDINANCE PURPOSES Being a 2.812 acre tract or parcel of land, a part of the residue portion of that certain tract of land (called 152.355 acres) as conveyed by deed to Beaumont West, Inc. recorded in Volume 1834, Page 215 of the Deed Records of Jefferson County, Texas, as situated in and a part of the H. Williams Survey, Abstract No. 56 of said county and being more particularly described by metes and bounds as follows: Beginning at a 3/4" pinched top pipe found located on the northerly line of Lot 9 of Beaumont West, Section Three as recorded in Volume 13, Page 16 of the Map Records of said county, and the southerly line of said 152.355 acre tract marking the Southwest corner of that certain tract of land (called 45.531 acres) as conveyed by deed to Hilcorp Energy 1, L.P. recorded in Clerk File No. 2000033569 of the Official Public Records of Real Property of said county, and the Southeast corner of the herein described tract of land; said point also marks the Southwest corner of that certain tract of land (called 79.58 acres) as conveyed by deed to Amoco Production Co. recorded in Volume 2167, Page 233 of said Deed Records; Thence North 03 deg. 27 min.14 sec. West (Reference Bearing) along the westerly line of said Hilcorp Energy tract with the easterly line of this tract a distance of 655.81 ft. (deed 655.31 ft.) to a 2" steel rod with plastic cap marked "Whitely" found located on the southeasterly right of the way line of Delaware Extension, as described in Gift Deed recorded in Film Code File No. 101-69-0153 of the Real Property Records of said County, marking the Southeast corner of Northeast corner of the herein described tract of land; said bears South 03 deg. 27 min. 56 sec. East (deed South 03 deg. 25 min. 14 sec. East) a distance of 203.40 ft. (deed 203.81 ft.) from a 5/8" steel rod found marking the most northerly corner of said Delaware Extension; Thence South 25 deg. 55 min. 45 sec. East (deed South 25 deg. 56 min. 48 sec. West) along the southeasterly line of said Delaware Extension with the northwesterly line of the tract a distance of 761.35 ft. (deed 761.01 ft.) to a 2" iron pipe found located on the aforementioned southerly line of said 152.355 acre tract marking the Northwest corner of Lot 14 of Beaumont West, Section Five as recorded in Volume 14, Page 55 of said Map Records and the Southwest corner of the herein described tract of land; Thence North 65 deg. 22 min. 50 sec. East (deed North 88 deg. 11 min. 11 sec. East) (plat North 88 deg. 40 min. 02 sec. East) along the northerly line of said Beaumont West Section Five with the southerly line of said 152.355 acre tract and this tract a distance of 373.03 ft. to the Southeast corner and Place of Beginning and containing in area 122,489 square feet or 2,812 acres of land 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 2. That the establishment of the specific use will not impede the normal and orderly development and improvement of surrounding vacant property; X 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 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 seven of the eight conditions necessary for approval. Comments on Conditions 2 and 7 follow: 2. A large portion of the frontage along the north side of the Delaware Extension has been rezoned to GC-MD-2. The proposed use is the type of quality development that would be appropriate for this area and would not hinder the further development of adjacent vacant properties. 7. An 8' tall wood screening fence and a 10' wide landscape strip will be required along the east and south property lines. GENERAL INFORMATION/PUBLIC UTILITIES APPLICANT: Daron Etie PROPERTY OWNER: Peter Cass, Scott Taylor, Daron Etie LOCATION: South side of Delaware Extension, 106' northeast of Wilcox Lane EXISTING ZONING: GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District PROPERTY SIZE: 2.812 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 A-R (Agricultural-Residential) District EAST: Vacant A-R SOUTH: Residential RS (Residential Single Family Dwelling) District WEST: Residential RM-H (Residential Multiple Family Dwelling-Highest Density) District COMPREHENSIVE PLAN: Neighborhood Growth Unit STREETS: Delaware Extension - Major arterial with a 100' wide right-of-way and 4 lanes divided GENERAL INFORMATION/PUBLIC UTILITIES continued DRAINAGE: Curb and gutter WATER: 12" water line SANITARY SEWER SERVICE: 12" sanitary sewer line PROPERTY OWNERS AIKIN PENELOPE AKBARI CHRISTOPHER ANDERSON JACK L ARMSTRONG RAYMOND L ET UX BADEN THERESE M BAKER FREDDIE KAY BEAUMONT PROPERTY INVESTMENT BROUSSARD AMY & ROBERT A JR BURTON HAL J & DONNA CALLENDER HARLAND R JR & CAO NHIEU & ANNA COCO EDITH COLLINS JOHN W & BOBBYE F CUMMINGS MARY DELL FULLER KAY MARIE GEMARINO CORAZON HADLEY ROBERT HARGRODER GILBERT R & THERESA HILCORP ENERGY ILP INGRAM HELEN R KILE STEWART & KARI LEE BRYAN H & MARY LEWIS WILLIE E & GWENDOLYN MOBILOIL FEDERAL CREDIT UNION MORGAN ROBERT E & DOROTHY S NICHOLS DEV CO ODOM HELEN PECAN PLACE TOWNHOMES PECAN PLACE TOWNHOMES SEC 2 PHILLIPS RONALD L ET UX RUSSELL JACK SMITH WANDA BETH SORIANO ABRAHAM ET UX STRAIT WILLIAM L L & JUNE G THOMAS MICHAEL P & TIMS KELVIN WORTHAM BOB & KAREN