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HomeMy WebLinkAbout1645-PM DATE: November 18,2002 TO: Planning Commission and City Council FROM: Stephen C. Richardson, Planning Manager SUBJECT: Consider a request for a specific use permit to allow a beauty shop in all RM-H (Residential Multiple Family Dwelling -Highest Density) District. FILE: 1645-P STAFF REPORT The Planning Manager recommends approval of this request subject to revising the handicapped parking stall and getting approval of drainage from TxDOT with a waiver of the landscaping and screening requirements along the west and south sides of the subject property. Mark W. Whiteley & Associates, Inc., the applicant, is requesting a specific use permit to allow a beauty shop on property located on Highway 105, 3,164 feet west of the Major Drive intersection. Thuy Truong has purchased Lot 32, Neches Terrace Addition and would like to build a 1,000 sq. ft. beauty shop and related parking on the north half of the lot. Ms. TrLlOng has no plans for the south half of the property at this tirne. The property is immediately adjacent to a dental office to the east. The subject property and the dental office are zoned RM-H. Exhibits are attached. PUBLIC NOTIFICATION Notices mailed to property owners I I Responses in Favor . Responses in Opposition LEGAL DESCRIPTION FOR ORDINANCE PURPOSES BEING a 0.3628 acre tract or parcel of land situated in the D. Easley Survey, Abstract No. 20, Jefferson County, Texas, and being all of that certain called Lot 32 of the Neches Terrace Addition, an unrecorded subdivision of the City of Beaumont, Jefferson County, Texas and being out of and part of that certain called 0.7257 acre tract of land as described in a "Warranty Deed with Vendor's Lien" from Omero Del Pappa, III to Thuy Trilong, Clerk's File No. LEGAL DESCRIPTION continued 2002038637, Official Public Records of Real Property, Jefferson County, Texas, said 0.3628 acre tract being more particularly described as follows: NOTE: All bearings are based on the South right-of-way line of State Highway No. 105 as SOUTH 89' 39'00" EAST" as recorded in the above referenced Truong deed. BEGINNING at a flat bar found for the Northwest corner of the tract herein described, said corner also being the Northeast comer of that certain tract of land as described in a "General Warranty Deed with Vendor's Lien" from Geneva Leger, et al, to Adris Ul-Haq Chaudhry and wife, Najama Sultana Chaudhry as recorded in Clerk's File No. 9504955, Official Public Records of Real Property, Jefferson County, Texas and said comer being the Northwest corner of the said Lot 32 and the Northeast comer of Lot 33 of the said Neches Terrace Addition and in the South right-of-way line of State Highway No. 105 (based on a width of 100 feet) and from said corner a Texas Department of Transportation concrete monument found bears NORTH 640 50'44" WEST a distance of 0.51 feet; THENCE SOUTH 890 39' 00" EAST, along and with the South right-of-way line of State Highway No. 105, for a distance of 100.00 feet to a 5/8" iron rod set for corner, said corner being the Northeast comer of the said Lot 32 and the Northwest corner of Lot 31 of the said Neches Terrace Addition, and from said corner a 3/4" iron pipe found for the Northeast corner of Lot 26 bears SOUTH 89' 39'00" EAST a distance of 600.08 feet; THENCE SOUTH 000 10' 51" WEST, along and with the common line between the said Lots 31 and 32, for a distance of 158.05 feet to a point for corner; T1IENCENOWfH 890 39'00" WEST, over and across the said Lot 32 and the said 0.7257 acre Truong tract, for a distance of 100.00 feet to a point for comer, said comer being in the West line of the said Lot 32 and the East line of the said Lot 33; THENCE NORTH 000 10'51 " EAST, for the boundary between the tract herein described and the said Chaudhry tract, the same being the common line between the said Lots 32 and 33, for a distance of 158.05 feet to the POINT OF BEGINNING and containing 0.3628 ACRES, more or less. A MARK W. WHITELEY AEL_ AND ASSOCIATES MlbamL INCORPORATED ��CON�S�ULTING ENGINEERS, October 25, 2002 SURVEYORS, AND PLANNERS P,0. BOX 5492 BEAUMONT, TEXAS 77726.5492 409 / 892-0421 Mr, Stephen Richardson, Director Planning Division, Room 205 City of Beaumont P.O. Box 3827 Beaumont, Texas 77704 REF: Specific Use Permit @ SH 105 Dear Stephen: Attached please find a Specific Use Permit Application and an accompanying site plan for the above referenced property, The request is made for the operation of a Proposed Beauty Shop. Also, please find enclosed is the $200-00 fee for review of the Specific Use Permit Application. PURPOSE: Utilities at this location are existing and adequate, An existing storm inlet located on State Highway 105 will provide for an outfall source for drainage. TxDOT standard design practicies allows for approximately one hundred and fifity feet of adjacent property to be drained to the highway drainage facility. The proposed parking lot and will provide for safe and convenient movement of traffic without causing any adverse affect on the general public, Existing trees will remain in place as shown on the site plan and proposed additional landscaping will be provided. Existing trees shall be preserved in keeping with the required landscaping policy requirements. Lighting is not proposed for the site however if lighting is added in the future it will be directional and will not adversely affect the neighboring property. This facility is compatible with those in the immediate vicinity and that will only serve to stimulate the normal and orderly development and improvements of the surrounding property. The facility proposed for this location does not present any nuisance to adjoining property owners and is in keeping with the comprehensive plan for this area. Please process this request and place it upon the earliest available agenda for review by the Planning and Zoning Commission. if you have any questions, please call. Thank you for your cooperation in this matter. I remain, Sincerely, Larry Sheppard, P Projec%-'anager tl:/drvg/02-751beautyshop\sP-ific drab 3250 Eastex Freeway Beaumont, Texas 77703 1-888--830-5929 Fax (409) 892-1346 E-Mail mwwassocOaol.com 71; TW 10 gal i 24 23 FILE 176475-P: Request for a specific use permit to allow a beauty shop in an RM-H NORTH (Residential Multiple Family Dwelling - High Density) District. i H 211w 10 Location: Highway 105, 3164 feet west of the Major Dr. intersection Applicant: Mark Whiteley & Associates, Inc. SCALE 1 "=200' T mr SUBJEC V, a Ty AV VIM ���011111 ANAINSIS 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; 5. That adequate nuisance prevention measures have been or will be taken to prevent or control offensive odor, fines, 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 Plan. Application isin Compliance x x am Application is not in Comments Compliance Attached x ANALYSIS continued This application is in compliance with seven of the eight conditions necessary for approval. Comments on Conditions 1, 3, 4 and 7 follow: 1) Highway 105 is a combination of single family residences and commercial uses. 3) Since Highway 105 is a state highway, the City Engineer states that the applicant will need to get approval of the site's drainage by TxDOT. 4) The Traffic Manager is requiring modification of the handicapped parking. 7) The applicant is requesting a modification to the landscaping/screening requirements along the west and south sides of the property. There is an existing fence along the west side. Since Ms. Truong owns the remainder of the lot to the south, she would rather not have to put a fence. GENERAL INFORMATION/PUBLIC UTILITIES PROPERTY OWNER: EXISTING ZONING: PROPERTY SIZE: EXISTING LAND USES: FLOOD HAZARD ZONE: SURROUNDING LAND USES: NORTH: vacant EAST: Dental office SOUTH: Residential WEST: Residential Mark W. Whiteley & Associates, Inc. Thuy TrUOng Highway 105, 3,164' west of the Major Drive intersection RM-H (Residential Multiple Family Dwelling - Highest Density) District 0.362 acres, more or less Vacant "X" - Areas determined to be outside 500-year floodplain SURROUNDING ZONING: RS (Residential Single Family Dwelling) District RM-H (Residential Multiple Family Dwelling -Highest Density) District RS RS GENERAL INFORMATION/PUBLIC UTILITIES continued COMPREHENSIVE PLAN: OTHER PHYSICAL FEATURES: STREETS: DRAINAGE: WATER: SANITARY SEWER SERVICE: FIRE PROTECTION: ADEQUACY OF SERVICE: Neighborhood Growth Unit None Highway 105 - Major arterial Open ditch 8" water line Wt sanitary sewer line in Tolivar Road Fire protection is provided by Station #8, 6297 Highway 105. Services are adequate.