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Home My WebLink About1777-P DATE: June 20, 2005 TO: Planning Commission and City Council FROM: Stephen C. Richardson, Planning Manager SUBJECT: Request for a specific use permit to allow a recreational vehicle park in a C-M (Commercial-Manufacturing) District. FILE: 1777-P NOTE: At the request of the applicant, this item was tabled from the June Planning Commission Joint Hearing meeting. STAFF REPORT The Planning Manager recommends denial of this request. However, if the Planning Commission and City Council wish to approve 1777-P, the Planning Manager recommends that approval of this request be subject to the following condition:  The development must comply with TxDOT drainage requirements. Tri City Property Investments, L.P., the property owner, is wishing to construct a recreational vehicle park and fueling station at the intersection of Highways 69 and 347. The Expresso Bay RV Park will consist of seventy-five bays for recreational vehicle parking and a sixteen pump fueling station and store. A laundry building will be provided for the needs of those using the RV park. Access will be off both Highways 69 and 347. In addition to green spaces within the park itself, a six foot landscape strip will surround the park on the north, east and west sides of the property. At the April Joint Public Hearing, Andre Says, a representative from Oiltanking Beaumont Partners, spoke in opposition to the proposed RV park. He stated that the RV park could hinder the development of properties that the company owns nearby. Since the April meeting, the Planning Manager has met with the President and Vice President of Oiltanking. They have submitted a letter (see attached) that states that Oiltanking=s current development plans call for capital expenditures of roughly $10 million over the next 12 months. Large tanks with refined petroleum products cannot be placed in proximity to what would be a residential area. If Oiltanking pursued the proposed development plan, such a plan might be hampered by the need to revise the environmental model by which the Texas Commission on Environmental Quality (TCEQ) makes its decisions to issue permits for equipment that will affect air quality. If the STAFF REPORT continued RV park is developed, the pertinent regulations of the TCEQ may require more stringent air quality standards and thus not permit the development currently planned by Oiltanking. Exhibits are attached. PUBLIC NOTIFICATION Notices mailed to property owners 26 . Responses in Favor . Responses in Opposition . LEGAL DESCRIPTION FOR ORDINANCES PURPOSES BEING a 10.716 acre tract of land, more or less, situated in the P. Humphreys Survey, Abstract 32 in Jefferson County, Texas, and being out of and a part of that certain 155.58 acre tract of land which is described as Tract 1-A on The McFaddin-Wiess-Kyle Land Company Partition Map No. 1, recorded in Vol. 4, Page 197, Map Records of Jefferson County, Texas, said Tract 1-A also being described in that certain Partition Decree recorded in Volume 260, Page 233 Deed Records of Jefferson County, Texas; said 10.716 acre tract being more particularly described as follows, to-wit: BEGINNING at a found 2 inch iron rod with cap, marking the intersection of the Southerly line of said Tract 1-A with the existing Westerly right of way line of State Highway 347, also being in the Northerly line of the McFaddin Canal No. 2 as shown on said Partition Map, and being the POINT OF BEGINNING of the herein described tract of land; THENCE South 47 deg. 29 min. 34 sec. West with the Southerly line of Tract 1-A and the Northerly line of McFaddin Canal No. 2, for a distance of 232.61 feet to a set 2 inch iron rod with cap for corner; THENCE South 65 deg. 41 min. 38 sec. West with the common line of Tract 1-A and the McFaddin Canal No. 2, for a distance of 291.97 feet to a found 2 inch iron rod with cap for corner in the Easterly right-of-way line of U. S. Highway 69, 96 and 287; THENCE in a Northwesterly direction along and with a curve to the left in the Easterly right of way line of U. S. Highway 69, 96 and 287, said curve having a radius of 23099.48 feet, an arc length of 1445.35 feet, and a chord bearing North 33 deg. 06 min. 43 sec. West for a distance of 1445.12 feet to a found TXDOT monument (damaged) for corner; THENCE along said right of way line North 39 deg. 02 min. 52 sec. East, for a distance of 50.01 feet to a found TXDOT monument for corner THENCE along said right of way line North 58 deg. 33 min. 24 sec. East, for a distance of 50.05 feet to a found TXDOT monument for corner; THENCE along said right of way line South 82 deg. 10 min. 25 sec. East, for a distance of 50.15 feet to a found TXDOT monument for corner in the Westerly right of way line of State Highway 347; THENCE along and with the Westerly right of way line of State Highway 347, South 48 deg. 11 min. 00 sec. East (reference bearing), for a distance of 1474.91 feet to the POINT OF BEGINNING, enclosing 10.716 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 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 X ANALYSIS continued This application is in conformance with six of the eight conditions necessary for approval. Comments on Conditions 1, 2, and 8 follow: 1. Oiltanking Beaumont Partners, an adjacent property owner, has raised objections to the proposed RV park due to the effects the residential use might have on the development plans for its property. 2. Oiltanking Beaumont Partners state that the proposed RV park may force the company to drastically revise its development plans due to TCEQ air quality standards on petroleum product storage tanks being built near residential areas. 8. The Comprehensive Plan designates the subject property as an activity corridor. An activity corridor may include commercial and open display retailing, wholesale distributing and warehousing operations, restricted light industry, business offices, hotels and motels and higher density residential development. However, the Comprehensive Plan designates all the property surrounding the subject property for light or heavy industrial uses. GENERAL INFORMATION/PUBLIC UTILITIES APPLICANT: Tri City Property Investments, L.P. PROPERTY OWNER: Same LOCATION: Intersection of Highways 69 and 347 EXISTING ZONING: C-M (Commercial-Manufacturing) District PROPERTY SIZE: 10.716 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 C-M (Commercial-Manufacturing) District EAST: Vacant, commercial C-M SOUTH: Church C-M WEST: Vacant HI (Heavy Industrial) District GENERAL INFORMATION continued COMPREHENSIVE PLAN: Activity Corridor OTHER PHYSICAL FEATURES: None STREETS: Highway 69 - Freeway with a right-of-way of varying widths and 4 lanes, divided; Highway 347 - Major arterial with a right-of-way of varying widths and 4 lanes DRAINAGE: Open ditch WATER: 8" and 12" water lines SANITARY SEWER SERVICE: 8" sanitary sewer line FIRE PROTECTION: Fire protection is provided by Station #3, 805 Woodrow. ADEQUACY OF SERVICE: Services are adequate. PROPERTY OWNERS: JVM ASSOCIATES % KLEIN & BARENBLAT OILTANKING BEAUMONT PARTNERS JEFFERSON TRIANGLE MARINE LP % HARDING & CARBONE INC PHILLIP A ROEBUCK FAMILY PARTNERSHIP LTD BRUDGE HOPKINS TRUST % MARGARET KYLE HOPKINS KIM MUELLER TRUST % MARGARET KYLE HOPKINS CAROL TYRRELL KYLE REAL ESTATE PARTNERSHIP MARGARET KYLE HOPKINS RHINOCEROS VENTURES GROUP MARGARET KYLE HOPKINS MARY KYLE JUDY WALDO DONALD WHITE ROBERT WHITE JR PAM LOCK TRUST % MARGARET KYLE HOPKINS WALLACE K & MARGARET K HOPKINS GRANDCHILDREN'S TRUST KIM MUELLER KYLE WHITE