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HomeMy WebLinkAbout1912-P DATE: October 15, 2007 TO: Planning Commission and City Council FROM: Stephen C. Richardson, Planning Manager SUBJECT: Consider a request for a specific use permit to allow an apartment complex in a GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District. FILE: 1912-P STAFF REPORT The Planning Manager recommends approval of this request. Fittz & Shipman, Inc. has applied for a specific use permit to allow an apartment complex in a GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District. The property is located on the east side of N. Major Drive, south of Old (East) Major Drive. Seneca Management, Inc. is proposing to construct an 18 building apartment complex. The complex will consist of apartments of varying square footage, club house, swimming pool and related parking. Access will be off a proposed east-west public street that is to be constructed. The property will be surrounded by trees. A wrought-iron fence will be constructed along the north, west and southwest sides of the property with chainlink fences being constructed along the east and southeast sides. Exhibits are attached. PUBLIC NOTIFICATION Notices mailed to property owners 6 . Responses in Favor . Responses in Opposition . LEGAL DESCRIPTION FOR ORDINANCE PURPOSES BEGINNING at a point in the east right-of-way line of Major Drive (F.M.364) and the south right-of-way of Old Major Drive for the northwest corner of the said 28,787 and 17.90 acre tracts; THENCE along the said south right-of-way line of Old Major Drive and the north line of the said 28.787 and17.90 acre tracts with a curve to the right, having a chord bearing of North 3133'22" East, a chord distance of 151.78 feet and a radius of 515.91 feet, a distance along the curve of 152.33 feet to the P.T. of said curve; THENCE North 4000'31" East continuing along the said south right-of-way line of Old Major Drive and the said north line of the 28.787 and 17.90 acre tracts a distance of 182.82 feet to a point in the west line of a proposed 100' DD6 drainage right-of-way for the northeast corner of the said 28.787 and 17.90 acre tracts; THENCE South 4924'06" East along the said west line of the proposed 100' DD6 drainage right-of-way and the east line of the said 28.787 and 17.90 acre tracts a distance of 729.92 feet to the P.C. of a curve; THENCE continuing along the said west line of the proposed 100' DD6 drainage right-of-way and the said east line of the 28.787 and 17.90 acre tract with a curve to the right, having a chord bearing of South 3353'38" East, a chord distance of 614.95 feet and a radius of 1150.00 feet, a distance along the curve of 622.52 feet to a point for the most easterly southeast corner of the said 17.90 acre tract; THENCE South 8709'40" West along a south line of the said 17.90 acre tract a distance of 698.82 feet to a point for an interior corner of the said 17.90 acre tract; THENCE South 0250'20" East along an interior line of the said 17.90 acre tract distance of 261.50 feet to a point for the most southerly southeast corner of the said 17.90 acre tract; THENCE South 8709'40" West along a south line of the said 17.90 acre tract a distance of 335.00 feet to a point in the said east right-of-way line of Major Drive (F.M.364) and the said west line of the 28.787 acre tract for the southwest corner of the said 17.90 acre tract; THENCE North 0308'36" West along the said east right-of-way line of Major Drive (F. M. 364) and the said west line of the 28.787 and 17.90 acre tracts a distance of 724.53 feet to an angle point; THENCE North 0630'26" West continuing along the said east right-of-way line of Major Drive (F.M.364) and the said west line of the 28.787 and 17.90 acre tracts a distance of 307.00 feet to the POINT OF BEGINNING and containing 17.90 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 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 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 Condition 1 follow: 1. The proposed apartments will be compatible with other developments in the vicinity of the subject property. Nearby, a number of apartment complexes have been built or are currently under construction. GENERAL INFORMATION/PUBLIC UTILITIES APPLICANT: Fittz & Shipman, Inc. PROPERTY OWNER: Seneca Management, Inc. LOCATION: East side of N. Major, south of Old (East) Major Drive EXISTING ZONING: GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District PROPERTY SIZE: 17.9 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: Old Major Dr., LNVA Canal RS (Residential Single Family Dwelling) District EAST: Vacant RS SOUTH: Vacant RM-H (Residential Multiple Family Dwelling-High Density) District WEST: Apartments, vacant RM-H, A-R (Agricul tural-R esidenti al) District COMPREHENSIVE PLAN: Neighborhood Growth Unit STREETS: N. Major Drive - Major arterial with a 70' wide right-of-way with 4 lanes and left turn lane DRAINAGE: Open ditch GENERAL INFORMATION/PUBLIC UTILITIES continued WATER: 6" water lines SANITARY SEWER SERVICE: 36" sanitary sewer line PROPERTY OWNERS BOWEN DOROTHY BREAKWATER BAY LTD DELTA ROAD DEVELOPERS INC LA TEX INVESTORS LP LAKE BEAU LP LOWER NECHES VALLEY AUTHORITY MINTON LEROY MITCHELL LELAND C MITCHELL LELAND C & O'NEAL ROBERT A RANKIN NICK G RUTLEDGE VERGIL RAY WELLS DOUGLAS H