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Home My WebLink About1905-P DATE: September 17, 2007 TO: Planning Commission and City Council FROM: Stephen C. Richardson, Planning Manager SUBJECT: Consider a request for a specific use permit to allow retail merchandise sales in a GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District FILE: 1905-P STAFF REPORT The Planning Manager recommends approval of this request subject to the following conditions: 1. Provide a vegetative screen along Concord. (Planning) 2. Direct lighting away from Concord. (Planning) Carl Penland, representing Academy Sports + Outdoors, has requested a specific use permit to allow parking, two driveways and landscaping within a 25' wide strip of GC-MD-2 zoning along the west side of Concord. The property is located at 7130 Eastex Freeway. Academy is constructing a 98,155 sq. ft. store on the subject property. In addition to the store, related parking, dock facilities for receiving merchandise and a storm water detention structure will be constructed. In February, 2000, City Council approved a zone change for the subject property. The property was rezoned to GC-MD with the exception of a 25' wide strip of GC-MD-2 zoning along the west side of Concord. This 25' wide strip was approved to provide protection for the residential properties on the east side of Concord. Nearby property owners stated that Concord Road, north of Highway 105 was not of sufficient width to handle the additional traffic that would be generated by commercial development. In addition, they did not want to look at the back of a commercial building. According to the site plan, two 35' wide driveways onto Concord will be constructed. In addition, a 20' 6" wide landscape strip will installed. Exhibits are attached. PUBLIC NOTIFICATION Notices mailed to property owners 19 . Responses in Favor . Responses in Opposition . LEGAL DESCRIPTION FOR ORDINANCE PURPOSES An 0.4943 acre (21,532 square foot) tract of land in ZONE GC-MD-2 in the Thomas Spear League, Abstract Number 50, Beaumont, Jefferson County, Texas, said 0.4943 acre tract being out of the 10.604 acre tract and more particularly described as follows (bearings based on the southwesterly line) called North 47 degrees 00 minutes 20 seconds West; COMMENCING at a 2-inch iron rod with A Fittz & Shipman @ cap found at the intersection of the north right-of-way line of State Highway 105 (variable width) and the northeasterly right-of-way line of U.S. Highway 69 (also called Highway 96 and Highway 287, variable width); THENCE, North 47 degrees 00 minutes 20 seconds West, a distance of 177.00 feet, along the northeasterly right-of-way line of said U. S. Highway 69, to a 5/8-inch iron rod with A CLR @ cap set for a corner of said called 10.604 acre tract; POINT OF BEGINNING hereof; THENCE, North 47 degrees 00 minutes 20 seconds West, a distance of 297.59 feet, continuing along the northeasterly right-of-way line of said U.S. Highway 69, to a 5/8-inch iron rod for a corner of said 10.604 acre tract; THENCE North 32 degrees 03 minutes 50 seconds East, leaving the northeasterly right-of-way line of said U. S. Highway 69, at a distance of 282.26 feet, pass a 2-iron rod with A Fittz & Shipman @ cap, at a distance of 331.39 feet, pass a 2-iron rod and continue in all a distance of 722.07 feet a 5/8-iron rod with A M. W. Whiteley @ cap found in the northwesterly right-of-way line of Concord Road (also known as Voth Road) to a corner of and POINT OF BEGINNING of a 25' wide area of ZONE GC-MD-2 parallel to and abutting the southerly line of CONCORD ROAD; THENCE, along the southwesterly right-of-way line of said Concord Road and the northeasterly line of said 10.604 acre tract, as follows: South 50 degrees 22 minutes 17 seconds East, a distance of 292.31 feet, to a 2-inch iron rod found for the most easterly corner of said called 2.2740 acre tract, the most northerly corner of said called 0.4617 acre tract, and an angle point in the southwesterly right-of-way line of said Concord Road; South 49 degrees 46 minutes 33 seconds East, at a distance of 99.92 feet, pass a 1-inch iron rod found for the east corner of said called 0.4617 acre tract and the north corner of said called 0.493 acre tract, at a distance of 207.41 feet, pass a 1-1/4 inch iron pipe found for the east LEGAL DESCRIPTION continued corner of said called 0.493 acre tract and the north corner of said called 0.715 acre tract, at a distance of 369.89 feet, pass a 1-inch rod pipe found for the east corner of said called 0.715 acre tract and the north corner of said called 0.335 acre tract, at a distance of 461.32 feet, pass a 5/8 inch iron rod found for the east corner of said called 0.335 acre tract and the north corner of the residue of said called 1 acre tract, and continuing in all a distance of 571.37 feet, to a 5/8 inch iron rod found for the north corner of a called 1-1/2 acre tract of land described in a deed from James T. Gore, et ux, to Garland Steve Westmoreland, as recorded in Volume 636, Page 324, of the Jefferson County Deed Records, the east corner of the residue of said called 1 acre tract, and the most easterly corner hereof; THENCE, South 43 degrees 00 minutes 24 seconds West, a distance of 25.03 feet, leaving the southwest right-of-way line of said Concord Road, to a corner of said 25-foot zone GC-MD-2 area; THENCE, along a line parallel to and 25 feet southerly of the southwesterly right-of-way line of said CONCORD ROAD, as follows: North 49 degrees 46 minutes 33 seconds West, a distance of 570.03 feet to an angle point; North 50 degrees 22 minutes 17 seconds West, a distance of 288.86 feet to a corner, THENCE, North 32 degrees 03 minutes 50 seconds East, a distance of 25.22 feet, along the northwest line of said 10.604 acre tract, to the POINT OF BEGINNING and containing a computed area of 0.4943 acres (21, 532) square feet of land being in ZONE GC-MD-2. 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 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 of the eight conditions necessary for approval. Comments on Conditions 1 and 7 follow: 3. When the City Council originally approved the zoning of the subject property, a 25' wide strip of GC-MD-2 zoning was approved along Concord. While recognizing that the best use for the subject property was commercial, the GC-MD-2 zoning was placed on the property to negate, as much as possible, the effects that any commercial would have on other properties in the vicinity. 7. The proposed site plan shows a 20' 6" wide landscape strip between the property line and the curb of the parking lot. Heavy landscaping will planted to in that landscape strip to shield the store and parking lot from surrounding properties. GENERAL INFORMATION/PUBLIC UTILITIES APPLICANT: Carl Penland, representing Academy Sports + Outdoors PROPERTY OWNER: Academy Sports + Outdoors LOCATION: 7130 Eastex Freeway EXISTING ZONING: GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District PROPERTY SIZE: 0.49 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: Residentail GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District SOUTH: Commercial GC-MD (General Commercial-Multiple Family Dwelling) District WEST: Vacant GC-MD-2 GENERAL INFORMATION/PUBLIC UTILITIES continued COMPREHENSIVE PLAN: Regional Commercial Center STREETS: Concord Road - Local street with a 60' wide right-of-way and an 18' pavement width DRAINAGE: Open ditch WATER: 6" water line SANITARY SEWER SERVICE: 8" sanitary sewer line PROPERTY OWNERS BONURA C J BONURA FRANK C BRYAN WALLACE & LUCILLE BRYAN WILLIAM W EASTEX FOUR LTD ENGELMANN LARRY G JACKS CATHERINE J ORANGE SAVINGS BANK SSB ROSEDALE BAPTIST CHURCH SHOWMAN JOHN D TAYLOR W J MRS TINKLE LARRY P JR ET UX WESTMORELAND G S WESTMORELAND GARLAND MRS