HomeMy WebLinkAbout1803-P
DATE: November 28,
2005
TO: Planning Commission and City Council
FROM: Stephen C. Richardson, Planning Manager
SUBJECT: Consider a request for an amended specific use permit to allow
the replacement of an existing screening fence with a chain link
fence at the site of a lawn irrigation company in a GC-MD
(General Commercial-Multiple Family Dwelling) District.
FILE: 1803-P
STAFF REPORT
The Planning Manager recommends approval of the request.
Mickey Phelan, the property owner, would like to replace the existing
fence with a chain link fence for the pipe storage facility at 950
Magnolia.
In 1996, City Council approved a specific use permit to allow a
recycling company within the buildings on the subject property. A
condition of that approval was to install plastic, aluminum or wood
slats in the existing 6' tall chain link fence surrounding the property.
That use never materialized. In 1998, City Council granted the
Gallagher Company a specific use permit for a pipe storage facility.
Gallagher was required to install plastic slats in the chain link fence
due to the nature of the business.
Mr. Phelan states that over the past eight years, the plastics slats have
resulted in the partial destruction of the fence on two occasions and
the total destruction of the fence during Hurricane Rita. He has
received bids to repair the fence that exceed $20,000. Adding the
screening slats would cost an additional $4,000. The current tenant
has agreed to stay in the building if Mr. Phelan will rebuild the fence.
However, Mr. Phelan says that he cannot justify the additional expense
of the screening and the most assured destruction of the fence during
the next wind because of the screening.
The present use of the property is a lawn irrigation company.
Exhibits are attached.
PUBLIC NOTIFICATION
Notices mailed to property owners 28 .
Responses in Favor . Responses in Opposition
.
LEGAL DESCRIPTION FOR ORDINANCE PURPOSES
Being Lots 1-6, Block 1, T.S. Long Addition and Plat Y, Tract 11, N.
Tevis Survey, City of Beaumont, Jefferson County, Texas, containing
2.06 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 seven of the eight conditions
necessary for approval. Comments on Condition 1 and 7 follow:
1. No residences or other commercial uses abut the storage
yard. Immediately to the east is the abandoned block once
occupied by a wholesale drug company. Railroad tracks
run down the middle of Long Avenue on the north side of
the subject property. There are no residences along the
north side of Long. Situated on the west side of Magnolia
are vacant lots and unoccupied or abandoned frame
commercial structures. South of Harrison are some
residential uses and a vacant tract.
7. Mr. Phelan states that it is cost prohibitive to install
screening slats in the new chain link fence that he must
construct around the subject property. The facility is
very well kept. The great majority of the surrounding
land is either vacant or commercial in nature.
GENERAL INFORMATION/PUBLIC UTILITIES
APPLICANT: Mickey Phelan, III
PROPERTY OWNER: NRG Partners, Ltd.
LOCATION: 950 Magnolia
EXISTING ZONING: GC-MD (General
Commercial-Multiple Family
Dwelling) District
PROPERTY SIZE: 2.06 acres, more or less
EXISTING LAND USES: Landscape irrigation company
FLOOD HAZARD ZONE: A X @ - Areas determined to be
outside 500-year floodplain
SURROUNDING LAND USES: SURROUNDING ZONING:
NORTH: Church, vacant GC-MD (General Commercial-Multiple
Family Dwelling) District
EAST: Commercial GC-MD
SOUTH: Vacant GC-MD
WEST: Commercial, vacant GC-MD
GENERAL INFORMATION/PUBLIC UTILITIES continued
COMPREHENSIVE PLAN: Conservation and
Revitalization
OTHER PHYSICAL
FEATURES: None
STREETS: Magnolia Avenue - Secondary
arterial with a 65' wide
right-of-way and a 40' pavement
width; Grand Avenue - Local
street with a 60' wide
right-of-way and a 27' pavement
width; Harrison Avenue - Local
street with a 60' wide
right-of-way and a 36' pavement
width; Long Avenue - Local street
with a 60' wide right-of-way and
a 26' pavement width (with
railroad tracks)
DRAINAGE: Magnolia, Grand, Harrison - Curb
and gutter; Long - open ditch
WATER: 2", 6" and 8" water lines
SANITARY SEWER
SERVICE: 12" 18" and 21" sanitary sewer
lines
FIRE PROTECTION: Fire protection is provided by
Station #7, 1700 McFaddin.
ADEQUACY
OF SERVICE: Services are adequate.
PROPERTY OWNERS
MIRACLE DELIVERANCE TABERNACLE
EDNA REDMAN PITTMAN
ACY JACOB SALIM EST
LEONARD GUILLORY
THERESA PRICE
JAY ROY SEMIEN
GREGORY S RILEY
CITY OF BEAUMONT
D F BILL J & MALC SANDERS
JAKE J DALEO
JOSE CARREON ET UX
JEFFERSON COUNTY
WILLIE MAE ANDRUS
RUBY N GUIDRY
RUBY N PETRY GUIDRY % JOHN M GUIDRY
HOPE & DEVELOPMENT CENTER INC
PROVOST UMPHREY LAW FIRM LLP
MARY CALLOWAY
DONALD RAY PRICE
A C PRICE
PAUL DOMINGUEZ
HOPE & DEVELOPMENT CENTER INC
KENNETH A JR & CONNIE GENGO
FRANCES WENNSTROM ET AL % KATHY MARIE GAUT
LAVADA MAHAN
CHARLIE DEAN
VIOLET G OFIEL
NRG PARTNERS LTD