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HomeMy WebLinkAbout2429-Z (PZ2020-138)DATE: November 16, 2020 TO: Planning Commission and City Council FROM: Chris Boone, Director of Planning and Community Development SUBJECT: To consider a request for Rezoning fi-om RM-H (Residential Multiple -Family Dwelling, — Highest Density) to NC (Neighborhood Commercial), or a more restrictive district. FILE: 2429-Z STAFF REPORT Jeremy Mitchell, P.E., R.P.L.S. of Soutex, Inc. has requested a rezoning of property on the south side of Delaware Street and 120' west of Eastex Freeway. The comer of Delaware Street at Eastex Freeway is currently zoned NC (Neighborhood Commercial), The property owner would like to develop a convenience store on this comer and needs more room. The additional ninety, - four and 9/10 (94.9) feet along Delaware will allow for necessary maneuvering space around gas pumps and parking. Utilities appear to be adequate for this location. The convenience store is planned at the intersection of two major thoroughfares and therefore is in conformance with the Comprehensive Plan. Extending the NC zoning further down Delaware Street could be problematic, as Delaware is primarily residential, but the additional ninety-four and 9/10 (94,9) feet will not create a significant encroachment. Therefore, staff recommends approval of the request. Please note that final occupancy approval is subject to review and acceptance of submitted plans and field inspections to verify compliance with applicable codes. Exhibits are attached PUBLIC NOTIFICATION Notices mailed to property owners 15 Responses in Favor Responses in Opposition LEGAL DESCRIPTION FOR ORDINANCE PURPOSES BEING 0.2371 acres of land, part of the A. Williams Survey, Abstract No. 385 and out of Lot 2 Block 3, French Subdivision, recorded in Volume 3, Page 227, Map Records, Jefferson County, Texas; being part of a (Called 1.37) acre tract referred to as Tract 1, in a deed to Arain, LLC, recorded in Clerk's File No. 2019030789, Official Public Records, Jefferson County, Texas, said 0.8809 acre tract being more fully described by metes and bounds as follows, to wit: Note: Bearings, coordinates, distances and acreage are based on the Texas Coordinate System of 1983, South Central Zone, US Survey Feet, and are referenced to SmartNet, North America. BEGINNING at a Y2" steel rod found on the South right-of-way line of Delaware Street and the Northwest corner of Lot 1, Northwood Addition, recorded in Volume 8, Page 160, Map Records, Jefferson County, Texas, said Y2" steel rod having Coordinates of N: 13981075.98, E: 3505598.55; THENCE South 02 deg,, 55 min,, 24 see., East (Called South) on the West line of Northwood Addition, a distance of 125,40' (Called 125.40') to a point for comer for the Southwest comer of Lot 2, Northwood Addition and the Southeast comer of the herein described tract; THENCE, South 87 deg., 26 min,, 26 see., West, a distance of 94.90'to a point for comer for the Southwest corner of the herein described tract; THENCE, North 02 deg., 55 min., 24 see., West, a distance of 125.31' to a point on the South right-of-way line of Delaware Street and being the Northwest comer of the herein described tract; from which a Y2" steel rod, found for the Northeast coiner of a (Called 0.522) acre tract of land described in a deed to Jerry L. Burd and Mary Helen Burd, recorded in File No. 98093,17, Official Public Records, Jefferson County, Texas, bears South 87 deg., 25 min., 26 see., West, a distance of 185.18' THENCE North 87 deg., 23 min., 12 see., East (Called North 87 deg., 24 min., 41 sec,, East) on the South right-of-way line of Delaware Street and the North line of Lot 2, Block 3, French Addition a distance of 94.90'to the POINT OF BEGINNING and containing 0.2731 acres of land, more or less. GENERAL INFORMATION/PUBLIC UTILITIES APPLICANT: Soutex, Inc. PROPERTY OWNER: Arian, L.L.C. LOCATION: South of Delaware Street and 120' west of EXISTING ZONING: EXISTING LAND USES: FLOOD HAZARD ZONE: SURROUNDING LAND USES NORTH: Residential EAST: Vacant 061 A 9 1 ON MTA W IT! WEST: Vacant COMPREHENSIVE PLAN: STREETS: DRAINAGE: WATER: SANITARY SEWER SERVICE: Eastex Freeway I RM-H (Residential Multiple -Family Dwelling — Highest Density) —O.x acres Vacant X — Area determined to be outside the 500 year flood plain. RS (Residential Single -Family Dwelling) NC (Neighborhood Commercial) RM-H (Residential Multiple -Family Dwelling — Highest Density) 99011186-1 Stable Area Delaware Street — Major Arterial with 60' wide right-of-way and 4 4' pavement width. Curb and Gutter 12" Water line 10 " Sanitary sewer line PROPERTY OWNERS NOTE 'PIED WITHIN 200' ACADIANA COURT PROPERTY ARAIN LLC ARNOLD WILLIAM & SHERI AWESOME PARTNERS LLC BRICKLEY MARY C BURR JERRY L & MARY HELEN CALIBER PROPERTIES INC CHILDS ELIZABETH M ESTATE CRABBE LEE KING HAMBY FABIAN A SERF GILBERT JR & NAOMI SIDAZO LLC TEXAS MSI LTD APPLICATION FOR AMENDMENT OF THE ZONING ORDINANCE BEAUMONT, TEXAS (Chapter 28, City Codes) TO: THE PLANNING COMMISSION AND CITY COUNCIL, CITY OF BEAUMONT, TEXAS APPLICANT'S NAME AND ADDRESS• Jouif—Vl, Z, G, 373-7 ~ a r4 ArfLV-- APPLICANT'S PHONE #: q04f 98 3 - 2404 FAX 4: q0q - W NAME OF OWNER: !C!2!. ; , z- L. C- ADDRESS OF OWNER:_ 1-735 drelzQ5 A41 Alr -77Z LOCATION OF PROPERTY: -5. CIF I jzc; W. 6'r fAtTw LEGAL DESCRIPTION OF PROPERTY: LOT NO. Pmr+ j 1-4- ZOR BLOCK NO, 3 ADDITION r/'ev7&(i "d 141'0" NUMBER OF ACRES-0, e0c'( — TRACT PLAT SURVEY NUMBER OF ACRES For properties not in a recorded subdivision, submit a copy of acurrent survey or plat showing the properties proposed to be changed, and a complete legal field note description. CURRENT ZONING DISTRICT: — P '0 A ZONING DISTRICT REQUESTED: AIC, .. . ....... HAS THE REQUEST BEEN MADE BEFORE? /VO IF SO, DA ACTION: SUBMIT A LETTER STATING REASONS FOR REQUEST. ATTACH THE APPROPRIATE APPLICATION FEE, LESS THAN 1/2 ACRE— ........................................................ $250,00 1/2 ACRE OR MORE AND LESS THAN 5 ACRES. ............ $450,00 5 ACRES OR MORE... .............. ....... .................. .............. $650.00 I HEREBY ACKNOWLEDGE THAT THE MORE RESTRICTIVE DISTRICT. I 01ORMNIVIN"t -0 MCGRAVIONEU PLEASE TYPE OR PRINT AND 11-7 FILE NUMBER11:20—M DATE RECEIVED: a--43�10ZO RECEIPT NUMBER: TION IS MADE FOR THE REQUESTED DISTRICT OR A PLANNING DIVISION, ROOM 201 CITY HALL, 801 MAIN STREET' BEAUMONT, TX 77701 P.O. BOX 3827 77704 (409) 880-3764 FAX (409) 880-3133 WS] ............. 0i IN um � �--i X� tl BO 71 1. IM HO ". kw 2429-Z (PZ2020-138): Request for a Rezoning from RM-H (Residential Multiple-FaInily Dwelling — Highest Density) to NC (Neighborhood Commercial), or a more restrictive district. 0 100 200 Applicant: Soutex, Inc. I - I I i Feet Location: South of Delaware Street and 1201 west of Eastex Freeway in.. ............... A r ........... Of DAMP, R-S