HomeMy WebLinkAbout1692-ZPW
DATE: October 27, 2003
TO: Planning Commission and City Council
FROM: Stephen C. Richardson, Planning Manager
SUBJECT: Consider a request for a zone change from NC (Neighborhood Commercial) to GC-
MD-2 (General Commercial -Multiple Family Dwelling-2) District and a specific use
permit to allow a retail and office development.
FILE: 1692-Z/P
t I
ky 1E, V 0 19 3
The Planning Manager recommends approval of this request.
In July, 2003, Lenny Bootie made application for a zone change and specific use permit to
allow the construction of 21,200 sq. ft. of retail and office space on 2.1 acres of landjust south
of the Gulf Credit Union on Dowlen Road.
At the public hearing, a number of individuals spoke in opposition to the request. Concerns
over density and truck traffic along Wellington Place were voiced. The Planning Commission
and City Council denied the request.
In August, 2003, Mr. Bootie asked the Planning Commission if it would allow him to reapply
for a zone change and specific use permit before the 12-month time period had expired. The
Planning Commission granted that request.
Since the original application, Rob Clark, who represents Mr. Boone, states that the developers
have met with representative -residents of Wellington Place and have incorporated their
requested changes within the new request.
The total square footage of the development has been reduced to 18,000 sq. ft. (15,000 sq. ft.
of retail; 3,000 sq. ft. of office). Due to the decreased square footage, parking has also been
decreased from 98 spaces to 89 spaces.
At the request of adjacent property owners, eighteen wheel truck/trailers will be prohibited from
any type of access to Wellington Place. Mr. Clark states that the design concept is a
neighborhood commercial development which will support the needs of the surrounding
neighborhoods. Proposed uses will include, but not limited to, a bicycle shop, offices, a small
food establishment, a clothing boutique, a flower shop and other appropriate uses. No sale of
gasoline, carwash facilities or convenience stores will be permitted.
L�
STAFF REPORT continued
Substantial landscaping is incorporated into the plan. A 90' wide landscape buffer is proposed
along Dowlen Road and a 25' landscape buffer is shown along the Wellington Place frontage.
Exhibits are attached,
PUBLIC NOTIFICATION
Notices mailed to property owners 27
Responses in Favor Responses in Opposition
LEGAL DESCRIPTION FOR ORDINANCE PURPOSES
BEING a 1.4180 acre tract or parcel of land located in the H. Williams League, Abstract 56, Jefferson
County, Texas, being out of and a part of that called 3,947 and 1.084 acre tracts conveyed to Gulf
Employees Credit Union by General Warranty Deed, dated January 21, 1997, recorded in Clerk's File No.
9701757 of the Official Public Records of Jefferson County, Texas, said 1.4180 acres being more
particularly described by metes and bounds as follows:
Note: The Basis of Bearings is along the southeasterly line of the said 3.947 acre tract having been called
North 5 1054'5 1" West 416.55 feet (found North 5 1'54'5 1" West 416.31 feet),
BEGINNING at a 5/8" iron rod found in the easterly right-of-way line of Dowlen Road (100' R.O.W.)
and the northwesterly right-of-way line of that 100-foot wide Jefferson County Drainage District 46
drainage ditch, recorded in Volume 1952 Pages 63,78, & 467 D.R.J.C. and Volume 1955 Page 419
D.R.J.C. for the southwest comer of the said 1.4180 and 3.947 acre tracts,
THENCE North 33'3 1'05" East along the said east right-of-way line of Dowlen Road a distance of 96.30
feet (called North 33131'03" East) to a 1/2" iron rod found for the northwest comer of the said 1.4180 acre
tract;
THENCE South 5 1'54'39" East along the northwesterly line of the said 1.4180 acre tract a distance of
621.12 feet to a capped iron rod marked "Faust" found in the westerly right-of-way line of Wellington
Place (60' R.O.W.) for the northeast comer of the said 1.4180 acre tract;
THENCE South 0 1'09'54" East along the said westerly right-of-way line of Wellington Place a distance
of 86.87 feet (called South 01'07'35" East) to a capped iron rod marked "DD#6" found in the said
northwesterly right-of-way line of the Jefferson County Drainage District #6 drainage ditch for the
southeast comer of the said 1.4180 acre tract,
THENCE North 76*44'04" West along the said northwesterly line of the Jefferson County Drainage
District #6 100-foot wide right-of-way a distance of 68.26 feet (called North 76044'13" West 68.05 feet)
to a Y2" iron rod found for an angle point;
THENCE North 5 1*5529" West along the said northwesterly line of the Jefferson County Drainage
District #6 100-foot wide right-of-way a distance of 190.14 feet (called North 5105415 1" West 190.10
feet) to a 1/2" iron rod found for the southwest comer of the said 1.084 acre tract;
LEGAI, DESCRIPTION FOR ORDINANCE PURPOSES
ONCE North 5 1*54'5 V West along the south fine of the said 3,947 acre tract a distance of 416.31 feet
(called North 5 1*54'5 V West 416.55 feet) to the POINT OFBEGIAWING and containing 1.4180 acres
of land, more or less.
That certain 0.7686 acre tract out of the H. Williams League, Abstract 56, Jefferson County,
Texas, being out of and a part of those called 3.947 and 1.084 acre tracts conveyed to Gulf
Employees Credit Union by General Warranty Deed, dated January 21, 1997, recorded in
Clerk's File No. 9701757 of the Official Public Records of Jefferson County, Texas, said 0.7686
acres being more particularly described by metes and bounds as follows:
Note: The Basis of Bearings is along the southeasterly line of the said 3.947 acre tract having
been called North 51054'51" West 416.55 feet (found North 51*54,51"West 416.31 feet).
COMMENCING at a 5/8* iron rod found in the easterly right-of-way line of Dowlen Road (100'
R.O.W.) and the northwesterly right-of•way line of that 100-foot wide Jefferson County Drainage
District #6 drainage ditch, recorded in Volume 1952 Pages 63,78, & 467 D.R.J.C. and Volume
1955 Page 419 D.R.J.C. for the southwest comer of the said 3,947 acre tract;
THENCE North 33031'05" East along the said east right-of-way line of Dowlen Road a distance
of 96.30 feet (called North 33031'03" East) to a found W iron rod;
THENCE South 51054'39" East a distance of 150.00 feet to the southwest comer of the said
0.7686 acre tract and the POINT OF BEGINNING.
THENCE North 83005'21" East a distance of 120,21 feet to a point for the northwest comer of
the said 0.7686 acre tract;
THENCE South 51054'39" East a distance of 316.66 feet to a point in the westerly right-of-way
line of Wellington Place for the northeast comer of the said 0.7686 acre tract;
THENCE South 01009'54" East along the said westerly right-of-way line of Wellington Place a
distance of 109.77 feet (called South 01 007'35" East) to a capped iron rod found for the
southeast comer of the said 0.7686 acre tract;
THENCE North 51*54'39" West a distance of 471.12 feet to the POINT OFBEGINNING and
containing 0,7686 acres of land, more or less.
ARCHITECTURAI, ALLIANCE INCOPORATE.D
664 Phelan BIW. BQatanom, F\ 77700 Tel 409i860-7 106 Fla \ .109,1866- 17-:`
w %% w . a r c 111 t e c ( a I 1. : Jill
September 26, 2003
Beaumont Planning Commission
Beaumont City Council
City of Beaumont
P.O. Box 3827
Beaumont, TX 77704
'IT3 F1 1111
a - �=L*3000*101
Dear Commission and Council Members,
Architectural Alliance, Inc., is representing a development group wishing to construct a neighborhood
shopping and office complex on a parcel of land on Dowlen Road flanked by the Gulf Credit Union,
Drainage District 6 ditch and Dowlen Oaks Retirement/Assisted Living Center, and Wellington Place.
This is the second application for rezoning for this property having been granted a waiver by the
Planning Commission for the one year time period for reapplication. The developers have met with
representative -residents of Wellington Place and have incorporated their requested changes to this
proposal and as outlined in this correspondence.
The attached survey designates the boundaries of the development and GCMD2 zoning designation.
The selection of uses within the planned facilities will be based on compatibility with the surrounding
residential neighborhood, businesses and retirement facility with all the use limitations assigned to the
zoning classification by the zoning ordinance. The rendered site plan illustrates the character of the
development. Note the substantial buffer space along Dowlen Road and the continuation of the deeded
landscape buffer with existing trees along Wellington. The parking, drive and buildings are broken up
into various sized elements to transition into the character of the residential neighborhood along
Wellington. A single curb cut and major entry will be constructed at Dowlen Road with a second off -set
curb cut provided at Wellington for adjacent neighborhood access. Per the request of adjacent property
owners, eighteen wheel truck/trailers will be prohibited from any type of access to Wellington Place
Street. The total proposed conditioned space has been reduced from the original 21,200 square feet to
a maximum of 18,000 square feet. Substantial landscape development will provide continuity and
transition to the heavily wooded 25' rear buffer along Wellington Place.
This requested zoning change is in compliance with Comprehensive Plan, incorporates requested
changes by the adjacent neighborhood and complies with all of the eight conditions for a specific use
permit as required for GCMD2 designation as follows:
1. This proposed development (GCMD2 with Specific Use Permit) for commercial shops and offices
will not create any disturbance to the adjacent commercial banking parcel, residential
neighborhood across the rear property line and Wellington Place, or the commercial and
residential properties across Dowlen Road.
THE AMER ICAN INSTITUTE OF ARCHITECTS
11a u I N. H A I A Ronald M. Joncs, AIA J. Rob CkkrL AJA
Q.Wc120U=14 - 0Vpp0V eerie( "W"*Wdart correWay0ouriod 9-2903.dDc pg.
2. The completion of this project will have no adverse affect on the orderly development of adjacent
properties as they are all currently platted and most of the adjacent properties are fully
developed.
3. This GCMD2 development with Specific Use Permit will incorporate all utilities currently available
including: Power, drainage, water, sewer, gas, and communications. Drainage will be in
compliance with City of Beaumont and DD6 engineering standards.
4. The layout of drives, parking and buildings produces a clean and orderly movement of vehicular
traffic through the development while controlling excessive speed by use of offset drives. The
primary vehicular access is from a curb cut on Dowlen Road. A 90' landscape buffer is
incorporated between Dowlen Road and the first parking space and a distance of 175'to the face
of the first building. The platted 25' rear landscape buffer of existing trees will be retained and
expanded to provide additional landscaping between the new parking and the existing
Southwestern Bell Utility Building on the southeast portion of this property. Eighteen wheel
vehicles will be prohibited from using the Wellington Place approach.
5. Uses in this development will be restricted to prevent nuisance noise. All trash control facilities
are shielded with fencing and landscaping and located at a minimum distance of 100 feet from
the rear property line. The design concept is a neighborhood commercial support development
which will support the needs of the surrounding neighborhoods and will incorporate (but not
limited to) the following: Bicycle shop, offices, hair salon, small food service establishment
(bagel, sandwich, coffee, bakery, etc.), clothing boutique, flower shop and other appropriate
uses. Gasoline stations, carwash facilities, and convenience stores are not compatible uses.
The maximum permitted conditioned square footage will be limited 18,000 square feet.
6. The development will have a lighting plan which will provide an appropriately safe environment
for patrons and business owners while being sensitive to adjacent land owners by the utilization
of cut-off type lighting standards to prevent glare from stray light.
7. A substantial landscaping plan for the development will include a 90' landscape buffer along
Dowlen Road (preserving the existing trees species located in the 25' landscaped buffer along
Wellington Place), new tree and low scale planting (to blend the property into adjacent
developments), and the installation of an automatic irrigation system.
8. The proposed GCMD2 zoning and Specific Use Permit complies and supports the City of
Beaumont Comprehensive Plan for this site and surrounding uses.
We appreciate your consideration of this request and look forward answering any additional questions
you might have during the next scheduled meeting of the Planning and Zoning Commission.
With kindest regards,
ARCH ALA INC.
•
Rob Clark, eA
THE"AMERICAN INSTITLTE OF ARCHITEICTS
11uad N. HaN . A [A Ronal(IM. Jones, ALA J. Rob ClarkAIA
9doc42O0M4 - OvppiN center kwy bowsQ4 ckd conesV4Ay OM610-20,03.doc pg. 2
MMEM=_1
7880 Shire Beaumont, Texas 77706
Ms. Dorinda Thomas President
One Wellington Place Homeowners Assoc.
1620 Wellington Place # 34
Beaumont, Texas 77706
September 24, 2003
Dear Ms. Thomas,
We appreciate and thank you for allowing us to meet with the Homeowners Association
concerning our proposed neighborhood retail project..
We were pleased that you were opened minded and happy to see your acceptance of the
need for a neighborhood center for the area and of the businesses that we project would locate in
our development.
We would like to be sensitive to your desires and have agreed to reduce the overall
square footage of floor space to 18,000 square foot and prohibit 18-wheeler access from
Wellington Place. Your concern on drainage will be addressed with DD6 as part of the planning
mom
We want to thank you again for allowing us to visit with you and look forward to being a
good neighbor.
Sincerely,
409 866-6163 (fax) 409 866-1072
FILE 1 1 Request Ir a zone change from(Neighborhood Commercial) to
NORTH
GC-MD-21mmercial - Multiple FamilyN' or a more
district and ause specificN allow a retail and office development.
Location: 11 1 i 1 of Gulf Employees1 Union 1 I I and
SCALE
north of DD#6 ditch.
Applicant: 1 i Boone
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ANALYSIS
CONDITIONS FOR APPROVAL OF SPECIFIC USE PERMIT
(SECTION 30-26.E, ZONING ORDINANCE)
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;
2. That the establishment of the
specific use will not impede the
normal and orderly development and
improvement of surrounding vacant
property;
3. That adequate utilities, access
roads, drainage and other necessary
supporting facilities have been or
will be provided;
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;
S. That adequate nuisance prevention
measures have been or will be taken
to prevent or control offensive odor,
fumes, dust, noise and vibration;
6. That directional lighting will be
provided so as not to disturb or
adversely affect neighboring properties;
7. That there are sufficient landscaping
and screening to insure harmony and
compatibility with adjacent property; and
8. That the proposed use is in accordance
with the Comprehensive flan.
Application
is in
Compliance
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Application
is not in Comments
Compliance Attached
ANALYSIS continued
This application is in conformance with all eight conditions necessary for approval. Comments
on Condition 2 follows:
2. The proposed development would blend in nicely with and would compliment the
surrounding properties. Total square footage has been reduced and eighteen wheel
truck traffic has been prohibited on Wellington Place.
GENERAL INFORMATION/PUBLIC UTILITIES
APPLICANT: Lenny Boone
PROPERTY OWNER: Gulf Credit Union
LOCATION: Immediately South of Gulf Credit Union (2360
Dowlen)
EXISTING ZONING: NC (Neighborhood Commercial) District
PROPERTY SIZE: 2.186 acres, more or less
EXISTING LAND USES: Vacant
FLOOD HAZARD ZONE: "X" - Areas determined to be outside 500-year
floodplain;"A"-Special flood hazard areas
inundated by I 00-year flood
SURROUNDING LAND USES: SURROUNDING ZONING:
NORTH: Gulf Credit Union NC (Neighborhood Commercial) District
FAST: Residential RS (Residential Single Family Dwelling) District and PUD
(Planned Unit Development) District
sour is Assisted living facility, vacant RS and RM-H (Residential Multiple Family Dwelling -Highest
Density) District
WEST: Commercial, vacant RS and RM-H
COMPREHENSIVE PLAN: Stable
OTHER PHYSICAL
FEATURES: None
GENERAL INFORMATION/PUBLIC UTILITIES continued
STREETS: Dowlen Road - major arterial with a I 00'wide
right-of-way and 4 lanes with a median;
Wellington Place - local street with a 60'wide
right-of-way and 20'pavement width
DRAINAGE: Dowlen Road - curb and gutter
Wellington Place - open ditch
WATER: Dowlen Road - 12" water line
Wellington Place - 8" water line
SANITARY SEWER
SERVICE: Wellington Place - 27" sanitary sewer line
FIRE PROTECTION: Fire protection is provided by Station #9, 7010
Gladys.
ADEQUACY
OF SERVICE: Services are adequate.