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Home My WebLink About1764-ZP DATE: January 24, 2005 TO: Planning Commission and City Council FROM: Stephen C. Richardson, Planning Manager SUBJECT: Consider a request for a zone change from NC (Neighborhood Commercial) District to GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District or more restrictive district and a specific use permit to allow a pharmacy. FILE: 1764-Z/P STAFF REPORT The Planning Manager recommends approval of this request subject to the following conditions: 1. Move the detached owner identification signs 10' from the property lines or receive a variance from the Board of Adjustment. (Planning) 2. Trees shall be planted every 25' along the landscape edges rd on Calder, Phelan and 23. (Planning) Jeff Presnal, representing CVS Pharmacy, is requesting a zone change from NC (Neighborhood Commercial) District to GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District and a specific use permit to allow a pharmacy at the southeast corner rd of Calder and 23. The property is presently occupied by a portion of a strip center that will be demolished to allow the new construction. The pharmacy will consist of a 13,013 sq. ft., one story building with related parking. The current zoning of NC limits building size to no more than 4,000 sq. ft. thereby necessitating the need for the zone change. The pharmacy will offer prescription services as well as photo processing and retail general merchandise sales such as beauty products, various packaged foods, home items, office supplies and general seasonal items. This store will be open from 7:00 a.m. to 10 :00 p.m. seven days a week. According to the site plan, the two detached owner identification signs are closer than 10' from the property line. The Zoning Ordinance requires that the sign support must be a minimum of 10' from the property line. The Planning Manager is requiring that the signs be moved to meet the minimum setback or apply and receive a variance from the Board of Adjustment. Exhibits are attached. PUBLIC NOTIFICATION Notices mailed to property owners 16 . Responses in Favor . Responses in Opposition . PROPERTY OWNERS NOTIFIED WITHIN 200 FEET WILLIAM G DANIELS & GLENDA R OGRADY 520 22ND ST BEAUMONT TX 77706-4914 LOTS 1-2, BLOCK 8, CALDER PLACE MARK FREEMAN ET UX 560 22ND ST BEAUMONT TX 77706-4914 LOTS 3-6, BLOCK 8, CALDER PLACE SARA JANE GLEASON 540 N 23RD ST BEAUMONT TX 77706-4936 LOTS 1-3 AND 2 OF LOT 4, BLOCK 9, CALDER PLACE BERNICE M BROWN 565 22ND ST BEAUMONT TX 77706-4913 LOT 24 AND THE SOUTH 2 OF LOT 23, BLOCK 9, CALDER PLACE MIKE H RUBAIY 515 22ND ST BEAUMONT TX 77706-4913 LOTS 25-26, BLOCK 9, CALDER PLACE BRENDA J ABSHIRE 505 N 23RD ST BEAUMONT TX 77706-4935 LOT 1, BLOCK 12, CALDER PLACE ROY & MARGARET GONZALES 3750 KENWOOD DR BEAUMONT TX 77706-3713 LOT 2, BLOCK 12, CALDER PLACE SAM F HARTMAN DR 545 N 23RD ST BEAUMONT TX 77706-4935 LOTS 3-4, BLOCK 12, CALDER PLACE DRAINAGE DISTRICT 6 P O BOX 20078 BEAUMONT TX 77720-0078 TRACT A, BLOCK 12, CALDER PLACE PHELAN BOULEVARD VENTURE % EQUITAX PROP CONSULTANTS INC 712 MAIN ST STE 1650 HOUSTON TX 77002-3217 LOTS 1-3 & THE ADJACENT RR R.O.W., TRACT 1, LOTS 1-4, BLOCK 3, TRACT 2 & TRACT A LOT S 1-4, BLOCK 4, LOTS 5 & 6, TRACT 1 & LOT 7, TRACT 3 & LOT 37, TRACT 2, BLOCK 4 LAUREL HEIGHTS & ADJACENT RR R.O.W. VILLAGE MGMT CO INC % BURKE & NICKEL 3336 E 32ND ST STE 217 TULSA OK 74135-4442 LOT 4, TRACT 1 & LOTS 5-8, BLOCK 3, TRACT B & ADJACENT RR R.O.W., LOT 7 & 13 & 31 & 37, TRACT 1, BLOCK 4, LOTS 8-12 & 32-36, BLOCK 4, TRACT K-1, K-1A & K-2 SONIC 425 N 23RD ST BEAUMONT TX 77707-2209 LOTS 1-2 AND THE SOUTH 12' OF LOT 3, BLOCK 1, LAUREL HEIGHTS CHARLES H WEINBAUM JR BEAUMONT SAVINGS BLDG 595 ORLEANS ST STE 816 BEAUMONT TX 77701-3201 LOTS 4-5 AND THE NORTH 42' OF LOT 3, BLOCK 1, AND LOTS 1-10, BLOCK 2, LAUREL HEIGHTS ELLIS POTTERY INC 4810 HAZEL JONES RD BOSSIER CITY LA 71111-5322 LOTS 9-10, BLOCK 2, LAUREL HEIGHTS, IMPROVEMENTS ONLY RAUL GUILLERMO ABARCA & MARTIN ABARCA 5555 CALDER AVE BEAUMONT TX 77706-6301 PLAT C-6 TRACT 27A, N TEVIS SURVEY ALBERTSON'S INC % MARVIN F POER & CO P O BOX 802206 DALLAS TX 75380-2206 PLAT C-6, TRACT 27-F, N TEVIS SURVEY LEGAL DESCRIPTION FOR ORDINANCE PURPOSES Being Lots 1-4 and the west 28' of Lot 5, Block 2, Laurel Heights Addition, City of Beaumont, Jefferson County, Texas, containing 1.538 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 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 all of the eight conditions necessary for approval. Comments on Conditions 1 and 7 follow: 1. The surrounding properties to the east, west and south are commercial. The proposed drug store will compliment the existing development in the area. 7. The site plan shows a 6' wide landscape strip along the three street frontages. Trees planted every 25' will be required along with the shrubs shown. GENERAL INFORMATION/PUBLIC UTILITIES APPLICANT: Jeff Presnal PROPERTY OWNER: Charles Weinbaum rd LOCATION: SEC of Calder and 23 St. EXISTING ZONING: NC (Neighborhood Commercial) District PROPERTY SIZE: 1.53 acres, more or less EXISTING LAND USES: Commercial structures to be demolished 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: Commercial NC (Neighborhood Commercial) District SOUTH: Commercial GC-MD (General Commercial-Multiple Family Dwelling) District WEST: Commercial GC-MD COMPREHENSIVE PLAN: Stable Area OTHER PHYSICAL FEATURES: None GENERAL INFORMATION/PUBLIC UTILITIES continued STREETS: Calder Avenue - Secondary arterial with a 70' wide right-of-way and a 35' pavement width; rd 23 Street - Major collector with a 60' wide right-of-way and a 20' pavement width DRAINAGE: Calder - open ditch rd 23 - curb and gutter WATER: 6", 8" and 18" water lines SANITARY SEWER SERVICE: 10" and 15" sanitary sewer lines FIRE PROTECTION: Fire protection is provided by Station #4, Gladys at W. Lucas. ADEQUACY OF SERVICE: Services are adequate.