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Home My WebLink AboutPZ2021-92DATE: April 19,2021 TO: Planning Commission and City Council FROM: Chris Bootie, Director of Planning and Community Development SUBJECT: Consider a request for a Revised Specific Use Permit and a Rezoning from RS (Residential Single-Faniily Dwelling) to RM-11 (Residential Multiple -Family Dwelling — Highest Density) District for a portion of the property to allow the expansion of an assisted living center. FILE: PZ2021-92 STAFF REPORT In January of 2016, Vera Bagneris received a Specific Use Permit to provide 24 hour care for twelve (12) elderly residents at 2990 S. Major Drive, Caretakers would be present 24 hours per day, but not living at the property. Some of the clients residing in this facility would require nursing and ambulatory care. Some residents may have limited mobility. Ms. Bagneris would like to expand and accornmodate 16 clients. Property to the north was purchased and is currently zoned RS (Residential Single -Family Dwelling). In order to consider a Specific Use Permit on this additional land, it will need to be rezoned from RS to RM-H (Residential Multiple -Family Dwelling --- Highest Density) to match the existing assisted living facility. Ms. Vargas requested and was approved for a waiver to any additional landscaping in 2016. A four (4) foot chain link fence was located along the north and west property lines, with no existing landscaped buffers or -fence along the south property line. As this request involves new construction and an increase of more than 25%, all landscaping requirements will need to be met including landscaped buffers along the west and north property lines and perimeter landscaping for parking areas. In addition, all new outdoor lighting must be shielded to protect neighboring properties. Beaumont Fire indicates that due to the expansion of the facility, additional water supply (fire hydrant) may be required depending on the installation of fire protection equipment per IFC (International Fire Code) requirements. Staff recommends approval with the following conditions: 1. Any improvements made within the state right-of-way shall be permitted by TXDOT. 2. A six (6) foot wide landscaped strip, as prescribed by ordinance, must be located between the front parking spaces and the right -of way. 3. The ADA space shall be signed according to ADA requirements. 4. An eight (8) -foot wood or masonry privacy screening fence must be constructed and maintained along the west and north property lines along with a 10 foot wide landscaped buffer. 5. Outdoor lighting must be directional, and shielded from neighboring properties. 6. Plans must meet all lFC requirements. 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 10 Responses in Favor Responses in Opposition LEGAL DESCRIPTION FOR. ORDINANCE PURPOSES Being Lot 6, Block 2, South Amelia, Beaumont, Jefferson County, Texas, containing 0.277 acres, more or less. CONDITIONS FOR APPROVAL OF SPECIFIC USE PERMIT (SECTION 28-26.E, ZONING ORDINANCE) Application Application is ill 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, or significantly diminish or impair property values within the immediate vicinity; 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 GENERAL INFORMATIONIPUBLIC UTILITIES APPLICANT: Vera Bagneris PROPERTY OWNER: Vera Bagneris LOCATION: 2990 S Major Drive EXISTING ZONING: RM-H (Residential Multiple Family Dwelling - Highest Density) and RS (Residential Single -Family Dwelling) PROPERTY SIZE: EXISTING LAND USES: FLOOD HAZARD ZONE: SURROUNDING LAND USES: NORTH: Residential EAST: Church SOUTH: Residential WEST: Vacant COMPREIIENSIVE PLAN: STREETS: WATER: SANITARY SEWER SERVICE: —0.277 acres Commercial X — Area determined to be outside the 500 year flood plain SURROUNDING ZONING: RS (Residential Single Family) RM-H (Residential Multiple Family Dwelling - Highest Density) RS M-0 Neighborhood Growth Unit S Major Drive: Expressway with 130' right-of-way and 80' pavement width. Open ditch 6" Water line 6" Sanitary Sewer line PROPERTY OWNERS BAGNERIS VERA DIONNE JUSTIN J DIONNE JUSTIN JEFFREY & 14AYLEY MICHELLE EVANGELICAL LUTHERAN CHURCH OF KANNEGANTI RAVIKUMAR. & KANNEGANTI RAVIKUMAR & PHELAN INVESTMENTS PIPPIN ARLENE H STILES DAVID UDI PROPERTY SPECIFIC USE PERMIT APPLICATION BEAUMONT, TEXAS (Chapter 28, City Codes) TO: THE PLANNING COMMISSION AND CITY COUNCIL, CITY OF BEAUMONT, TEXAS APPLICANT'S NAME; Vera Bagneris APPLICANT'S ADDRESS, 2929 S. Major Drive Beaumont, TX 77707 APPLICANT'S PHONE #: 409-893-2354 AVU NAME OF PROPERTY OWNER-. OAKRIDGE ASSISTED LIVING HOME ADDRESS OF PROPERTY OWNER: 2929 S. Major Drive Beaumont, TX 77707 LOCATION OF PROPERTY: 2929 S. Major Drive Beaumont, TX 77707 LEGAL DESCRIPTION OF PROPERTY: LOT NO. Lot (3 & Part of lot 5 BLOCK NO, 2 ADDITIONAMELIA ADDITION NUMBER OF ACRES 0. 52266 OR TRACT SURVEY NUMBER OF ACRES For properties not in recorded subdivision, submit a copy of a current survey or Plat showing the properties proposed for a specific use permit, and complete legal field note description. PROPOSED USE, Addition to Existing Building and parking lots ZONE- RM-H ATTACH A LETTER describing all processes and activities involved with the proposed uses. ATTACH A SITE PLAN drawn to scale Nvith the information listed on the top back side of this sheet. ATTACH A REDUCED 8 V211 X ill, PHOTOCOPY OF THE SITE, PLAN. THE EIGHT CONDITIONS listed on the back side of this shoot must be met before City Council can grant a specific use permit. PLEASE ADDRESS EACH CONDITION IN DETAIL. ATTACH THE APPROPRIATE APPLICATION FEE: LESSTHAN/2 ACRE ................................................................. $250,00 Y2ACRE OR MORE AND LEsSTI-IAN 5 ACRES .... ........ $450.00 5 ACRES OR MORE ........................................................ ..... $650,00 1, being the undersigned applicant, understand that all of the conditions, dimensions, building sizes, landscaping and parking areas depicted on the site plan shall be adhered to as amended and approvi0dby City Council. SIGNATURE OF APPLICANT:-\ SIGNATURE OF PROPERTY OWNER: PLEASE TYPE OR PRINT AND SUBMIT TO: FILE NUMBER: F7— 7-0 7-1 - %Z CITY OF BEAUMONT PLANNING DIVISION 801 MAIN STREET, ROOM 201 BEAUMONT, TX 77701 Phone - (409) 880-3764 Fax - (409) 880-3 110 no 03-23-21 PLEASE MAKE NOTE ON REVERSE SIDE OF CONDITIONS TO BE MET REGARDING THE SITL PLAN AND LETTER OF PROPOSED USES AND ACTIVITIES. OAKIZIDGE ASSISTED LIVING HOME 2990 South Major Drive Beaumont, TX 77707 March 24, 2021 I am seeking a specific use permit for the expansion of the existing property and located at 2990 S Major DR. Beaumont, TX 77707. This permit is to provide 24-hour care to 16 elderly residents in a home -like environment. The specific use of the property is compatible with other properties in the area. 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. Similar properties in the area include Pelican Bay Assisted Living Facility and Sun -Inner Place Nursing and Rehab, both within a 1-mile radius from my property. The establishment of the specific use will not impede development and or improvement of surrounding vacant property. Other necessary supporting facilities will be provided as required by the city of Beaumont. The property is covered by local sewer and drainage. 13 adequate parking spaces will be added to provide for safe and convenient pedestrian traffic. In addition, requesting rezoning the 42' x 195' portion of land from RS to RM-H. Adequate nuisance prevention measures will be taken to control odor or fumes including tight scaled lids for soiled linens. This home is adequately insulated which will decrease any noise concerns. Directional lighting will be so as not to disturb neighboring properties. There is sufficient landscaping to insure harmony with adjacent properties. The proposed use as an assisted living facility will be in accordance with the comprehensive plan. I also ask for a waiver from any additional landscaping, screening or parking. Sincerely, M� rvll� Vera Bagneris, Property Owner SECTION 28.04.001, ZONING ORDINANCE REQUIRES THAT THESE (EIGHT CONDITIONS MUST BE MET BEFORE A SPECIFIC USE PERMIT CAN BE ISSUED. Please explain how the proposed project will comply with each of these conditions in your application: o 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; The existing Assisted Living facility is currently licensed for 10 beds, The addition will allow to accommodate 16 residents. This faciiity is reguiated by the Texas Department of Health and Hurnan Services (Texas Deportrnent of Aging and Disability Services), The proposed addition will Ibe wood frame strUCtUre inciuding's Wing area, bedroorns, and ADA restrooms. Also, the property is supervised 24 hours/ day by 4 tearn staff. Our goal is to provide a best quality of family atmosphere and keep LIP superior services and ensure that making all residents stay safe and secure with Us as enjoyable as possible. This will includes rezoning the north 1/3 of the property. o That the establishment of the specific use will not impede the normal and orderly development and improvement of surrounding vacant property; Due to the nature of our business, the proposed addition will not impede the surrounding area and exceed the minirnurn reqLflrernent of City of Beaur-nont ordinance. There will be 8' wood fence on west, north 94 east side of property. There will be additional parking dots for visitors and Iharndicp accessibilities to new addition. Our business is regulated by the Texas Department of Heapth and Human Services and the City ordinance rules and regulations. There will be no noise aind rnajority Our residents are elderly Wks from ages 80 to 90, We have 24 hours staff. There will be site security cameras in and outside. Light poles will be provided in new parking lots area. All driveway and parking lots will be concrete pavement with markings and proper drainage system. In addition, requesting the 42' x 195' of land from RS, to RM-H. o That adequate utilities, access roads, drainage and other necessary supporting facilities have been or will be provided; There will be no impact to existing utilities and drainage system will be designed to cornpiy with City & TxDot. o 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 development; The proposed addition and irnprovernern: will be designed for all safety requirements and existing driveway entrances from 12' to 24' as per TxDot permit reqUirements. The reconStRied driveway will be used for point of entry to the new parking lots on northside of the property. There will be proper stripping for cars at 9' apart and handicaps at 11' with 5' hatched to new building entrance and red fire lanes marking, o That adequate nuisance prevention measures have been or will be taken to prevent or control offensive odor, fumes, dust, noise and vibration; The proposed addition will be regulated by the property management tearn, as part of their job descriptions and we have frequent inspections from the City of Beaumont Health Dept., Fire Marshal and State for all safety aspect of residents Our staff monitoring the site for QA/QC of physical appearance and cleanliness. Currently have 3-green trash cans and are adequate to serve the addition. We have no way of having dust, fumes or any odors that causes nuisances. o That directional lighting will be provided so as not to disturb or adversely affect neighboring properties; The Proposed addffion MH have the sign for directional and kghts In the new parking lots as per It ordinance requirement. All the hghflng system at the site MH be LED Mth proper lurnnous to not diStUrb or affecting neigl"tboNng properties, oThat there are sufficient landscaping and screening to insure harmony and compatibility with adjacent property; and 'rhe exisflng 9andscape will remain and add additional ShrUbS, MI the north side of driveway, o That the proposed use is in accordance with the Comprehensive Plan. The proposed addiVon MH be for IMng, bedrooms, and ADA restroorns,'I'he building layout MH be appirox, 2,800 to 3,264 +/- sq. ft. 'mis facility MH be designed and constructed as per City, of Beaumont Codes of Ordinance. In addition, requesting the 42' x 195' of land from RS to RM-H. Rezoning request. PROPOSED ADDITION AND PARKING AREA 1 CIE G C"REs hi41SCk C PROPOSED 8' WOOD FENCE N 0000100"E 117.51-,// .7w :77 EXISTING B'-1 I WOOD MICE I,, PROPOSED "'C'O"o A(LWAY'AlIN E"'fDoo CONNECTION 10 PROLED UGHTSPOSED EXISTING BUILDING LoT 6 FPROPOSEDJ_ I LED LIGHTS 39 41*11 fi A.1k PK 3 PROPOSED ]zoo i LEDLIGHTS /I STORYPIOUSE rb 22", 70. 0.70' COVERCO PORCH 2Y MUTING S ETPACK 01L WL" $9/t- PROPOSED IrDILIGHTS IO'LYUUTY EASEMENT 7S N� 0. 2 F 751 74- SOUTH MAJOR DRIVE (STATEHIMMAY NO. 364) EXISTING & PROPOSED SITE PLAN I in = 20 It PZ2021-92: Request for a Revised Specific Use Permit and a Rezoning from RS (Residential N Single -Family Dwelling) to RM-H (Residential Multiple -Family Dwelling — Highest Density) District for a portion of the property to allow the expansion of an assisted living center. Applicant: Vera Bagneris Location: 2990 S. Major Drive 0 100 200 I I Feet