Loading...
HomeMy WebLinkAbout1704-PHN DATE: February 23, 2004 TO: Planning Commission and City Council FROM: Stephen C. Richardson, Planning Manager SUBJECT: Consider a request for an amended specific to allow the use of 65' of the previously required 75' buffer for a portable building storage/rental business in a GC -MD (General Commercial -Multiple Family Dwelling) District, FILE: 1704-P STAFF REPORT The Planning Manager recommends approval of this request subject to an 8' tall wood screening fence and a 20' wide landscape buffer along the north end of the property. American Waste Services would like to use 65' of the currently required 75' buffer along the rear of its property to store portable buildings and roll-offboxes. They propose to install an 8' tall wood fence and a I O'wide landscape buffer planted with trees along the north property line. In May, 1996, Baker Tanks asked for and received a specific use permit to allow the storage of tanks on the subject property with the condition that a 75' open space buffer be retained along the north end of the property. In February, 1998, American Waste Services took over the property for the storage of portable buildings and roll -off boxes when they are not being rented. As a condition of the previous specific use permit, American Waste Services was required to maintain the 75' open space buffer. American Waste Services is now requesting that it be allowed to encroach 65' into that buffer with the stipulation that they would install an 8' tall wood privacy fence and a 10' wide landscape buffer along the north end of the property. Exhibits are attached. PUBLIC NOTIFICATION Notices mailed to property owners 24 Responses in Favor . Responses in Opposition LEGAL DESCRIPTION FOR ORDINANCE PURPOSES Being Tract 2, Block 27, M.C. Cartwright Addition, City of Beaumont, Jefferson County, Texas, containing 3.06 acres, more or less. AMERICAN WASTE� SERVICES, LTD. Sul MERICAN: P.O. Box 1882 - Phone (409) 724-7823 Nederland, Texas 77627 Fax (409) 727-6685 ONWASTERSERVICES"' Portable Buildings - Portable Toilets/Holding Tanks - Roll Off Boxes Shipping Containers Date: January 6, 2004 To: The Planning Commission and City Council of Beaumont, Texas Re: American Waste Services request for ordinance change. American Waste Services has been a business at 3450 West Cardinal Dr. for approximately 14 years. We are a portable building and roll off box rental company. We use the property for the storage of our buildings and roll off boxes when they are not on rent. We are 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 establishment of the specific use will not impede the normal and orderly development and improvement of the surrounding vacant property. Adequate utilities, access roads drainage, and supporting facilities have been or will be provided. 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. We have taken adequate nuisance measures or will to prevent or control offensive odor, fumes, dust, noise, and vibration. We have directional lighting that does not disturb or adversely affect neighboring properties. We have sufficient landscaping and screening or propose to, that insurance of harmony with adjacent properties and that the proposed use is in accordance with the comprehensive plan. American Waste Services would like to have the current City Ordinance changed, that requires we have a seventy five (75) foot buffer between our current storage area and the adjacent property. We propose to build an eight (8) foot wood fence on our North property line. We also propose to build an open space ten (10) foot buffer planting strip with fruit trees, of the class B type, five (5) feet apart. Landscape timbers filled with bark and mulch will surround them. We will also have a sprinkler system install,6d for irrigation. This proposal meets the City Landscaping and Screening Requirements, Section 30-3 1, part (F). American Waste Services would then have an additional 55 feet to park our buildings on as they come ift off rent from time to time and we feel that the buffer strip will provide harmony with our neighbors and not diminish their property values. We hope the Planning Commission and City Council of Beaumont will approve our proposed zoning'ordinance change and help a long time community friendly business, be able to run more efficiently. Sincerely, American Waste Se. ices, Ltd. Steve D. Pardue ®'j VVESTC14ESTER ADomCN SE -CT - 3. BLOCK 9 M It VOL 9 9 2 LOT S., CORLOT 28 M.R. " LOT 5 r=ENCROACHES ON. N 89L 260.00' Cr P'2 2 IS, I —.w— -0 MIA L LOT 21 61TY OF BEAUMONT VOL 1169. PO. 619 ita TELEPHONE /J 0,013 0," PEDESTAL _\ 0&.0f1'1t TELEPHONE MARKER I(LtPHOHE MARKER N !q CID 8 WmER_'�' METER WATER METER TELEPHONE PEDESTAL Iz I- (th z w w m cc .c&SS.4 - 5 Apaer rwz4j,,.JAA. 44,toet4tio, 277?Au 1.01 IN ACOORO)"m wmi THE FLOOD KAZAA0 mmw W.P. FEDERAL EMEROENCY MAPPOEMOR Aamy couUtAwrt Pmn 4$301 00230. DAMb 3-1PROPEW ltaUa m " IN FLOOD ZONE I (f. ONMAP DMFWfED BY SC&E. XftAAL MD ELEVATION NOT DQERUNED. "D*UL & DAYS DOES NOT WARRANT 14011 SUBSUM TO THE AWJRArY OF SAV MAP. MIA D(FWES AS AREAS OF UtAUAL FLOODW UES IN COMM TRACT 122. 604' • TIN BLVD. '21 60.4' 4 4 4 . A. 4 . 4 4 A . 4 • 4 4 \�WATER SPIGOT IN *4 Cl •A 1A I.R. 7 7 00., A CW. V'l 233. 69, I HEREBY CERTIFY THAT I HAVE PREPARED THIS PLAT FROM AN ACTUAL F AND ACCURATE SURVEY or THE LAND AND TO THE BEST OF my KNOWLEDGE. L C.B. N77*01'13*W BELIEF AND IN MY PROFESSIONAL OF C-3 .49' OPINION THIS PLAT IS CORRECT AND A - Ol �­' 4'k 0`1 '35* REFLECTS THAT THERE ARE NO VISIBLE ec." , 7 �2 P-5879 . 58' ENCROACHMENTS AT THE TIME OF THIS W. ajf#�v 1. A- 33 49' SURVEY EXCEPT AS SHOWN. ALL RECORDED EASEMENTS SHOWN AND NOTED PER BEAUMONT '.I 110ALMDAVIS TITLE COMENT G.F. NO. 9822197. e 'u �SiERE PROFESSIONAL LAND �SURVk�R JOB 0jRu?L,Q%t_nlA' O.F. jiftlim BLOCK 8 LOT 4 1, 3.65 iq 0. I • 6' C.L.F. -ENCROACHES 1.7' Lu N DWERNON MCfAODtH CONOTS N C O� CORNS, JR, O.R. VOL, 1644. Flo. 82 ze IO`xI24' O.S.U. (AStUEHT coumTy cUERK's FIE NO. 103-09-007 VD.R. P.P. & GUY WIRE SURVEY OF A 3.00 ACRE TRACT OF LAb OUT OF LOT 27 IN THE M,C. CARTWRIGHT SUBDIVISION 3450 WEST CARDINAL DRIVE BEAUMONT. JEFFERSON COUNTY, TEXAS ZIP CODE: 77705 M.R. VOL 4, PAGE 194 BUYER: AMERICAN WASTES SERVICES, INC. FEBRUARY 12. 1998 -6\-FND. P.P. I.R. - FIRE HYDRANT CONSULTING ENOINEERS,INC, 1060 5.1,lh STplCTjWAAPA",M?"01 (40)"5+4443 W ' a kz� "AN U �•. n ANALYSIS CONDITIONS FOR APPROVAL OF SPECIFIC USE PERIM IT (SECTION 30-26.E, ZONING ORDINANCE Application Application is in is not in cbrunlents 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 x S. 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 eight conditions necessary for approval. Comments on Conditions 1, 4 and 7 follow: The current use is compatible with the commercial and industrial land uses present along Cardinal Drive. The issue with the buffer concerns the residential uses to the north of the subject property. When Baker Tanks was granted a specific use permit in 1996, the north 75'of the property was required to act as a buffer to protect the houses to the north. 4. The original specific use permit to allow Baker Tanks prohibited any access to Warren Street. 7. At the 1996 Public Hearing, a representative of the applicant asked for a waiver of the landscaping/screening requirements in lieu of keeping a 75' wide buffer zone. The Planning Manager recommended that an 8' tall wood screening fence and 10' wide landscape strip be provided. The Planning Manager felt that the fence would provide better visual screening than the 75' buffer zone. The Planning Commission recommended approval of the specific use permit subject to providing a 30' landscape buffer and the maintenance of the existing chain link fence. The City Council approved the specific use permit subject to maintaining a 75' buffer and the maintenance of the existing chain link fence, The Planning Manager still feels that the wood screening fence would provide better screening than the existing chain link fence. If the Planning Commission and City Council do not feel inclined to approve the request as submitted, then maybe a compromise could be reached whereby the wood screening fence and a landscape buffer that is greater than 10' but less than 75' is required. This would still provide adequate buffering for the neighbors to the north but also allow additional storage area for American Waste Services. GENERAL INFORMATION/PUBLIC UTILITIES APPLICANT: Steve D. Pardue, American Waste Services PROPERTY OWNER: Same LOCATION: 3450 West Cardinal Drive GENERAL INFORMATION/PUBLIC UTILITIES continued EXISTING ZONING: PROPERTY SIZE: EXISTING LAND USES: SURROUNDING LAND USES: NORTH: Residential EAST: Commercial SOUTH: Cardinal Drive WEST: Warren Street, commercial COMPREHENSIVE PLAN: OTHER PHYSICAL FEATURES: GC -MD (General Coininercial-Multiple Family Dwelling) District 3.06 acres, more or less Portable buildings and roll -off boxes rental business "X" - Areas determined to be outside 500-year floodplain SURROUNDING ZONING: RS (Residential Single Family Dwelling) District GC -MD (General Conirnercial-Multiple Family Dwelling) District Ll (Light Industrial) District GGIVID Activity Corridor None STREETS: Cardinal Drive - Freeway with varying right-of- way; westbound service road has 33'pavement width; Warren Street - local street with a 30' wide right-of-way and 20'pavement width, DRAINAGE: Cardinal Drive - curb and gutter Warren Street - open ditch WATER: SANITARY SEWER SERVICE: FIRE PROTECTION: ADEQUACY OF SERVICE: 6" - 8" water I ines 6" - 12" sanitary sewer lines Fire protection is provided by Station #10, 3855 Washington Blvd. Services are adequate.