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HomeMy WebLinkAbout1565-ZDATE: July 16,2001 TO: Planning Commission and City Council FROM: Stephen C. Richardson, Planning Manager SUBJECT: Request for a zone change from RM-H (Residential Multiple Family Dwelling - Highest Density) to GC -MD (General Commercial -Multiple Family Dwelling) District for a 34.849 acre tract out of the W. B. Dyches Survey located west of the abandoned portion of Old Dowlen Road, north of the new Kroger Center. FILE: 1565-Z The Planning Manager recommends approval of the zone change to GC -MD. Mark Whiteley and Associates are the consulting engineers for M. A. Phelan 11, Trustee. In 1998, a 67 acre tract at the northwest comer of Folsom and Dowlen was rezoned from A-R to GC -MD and RM-H. This 34.849 acre tract is the north half of the property rezoned in 1998. The commercial -retail development anchored by the Kroger Signature store now under construction has expanded north with the addition of several more retail stores. A site plan shows a Marshall's, Barnes and Noble, Bed Bath and Beyond and other stores on the "original" Kroger site. This new expansion has a Shoe Carnival, Dress Barn, Ross, Petco and other pad sites. This tract is south of a multiple -family apartment project now under construction. Exhibits are attached. Notices mailed to property owners 12 Responses in Favor . Responses in Opposition LEGAL DESCRIPTION FOR ORDINANCE PURPOSES For the PLACE OF BEGINNING of the herein described tract of land, a brass disk in concrete found marking the northwest comer of that certain 7.44 acre tract of land conveyed to R. W. Meyers described in a deed recorded in Film Code 100-61-0930 of the Official Public Records of Jefferson county, Texas, said point being in the east line of that certain 891.82 acre tract of land described in Volume 376, Page 367 of the Deed Records of Jefferson county, Texas; LEGAL DESCRIPTION FOR ORDINANCE PURPOSES THENCE South 03' 92'08" East along the west line of the said 7.44 acre tract of land and the east line of said 891.88 acre tract of land, 774.04 feet to an iron rod set for the southeast comer of the herein described tract, being the northeast comer of Tract No. 1; THENCE South 86' 56'36" West along the south line of the herein described tract of land and the north line of Tract No. 1, 1259.82 feet to an iron rod set for the southwest comer of Tract No. 2, and being the northwest comer of Tract No. 1, said point being in the east line of that certain DD#6 300.00 acre tract described as Tract No. I in a deed recorded in Film Code 104-01-0353 if the Official Public Records of Jefferson County, Texas THENCE North 86' 56'36" East along the north line of the herein described tract, 1260.27 feet to an iron rod set for the northeast comer of the herein described tract lying in the east line of the aforementioned 891.82 acre tract and the west line of old Dowlen Road ( a 60 foot wide right-of-way); THENCE South 030 02'08" East along the cast line of the herein described tract and the east line of the said 891.82 acre tract and the west line of old Dowlen road, 123.97 feet to an iron rod set for the P.C. of a curve, said point being the most northerly comer of that certain 2.68 acre tract of land conveyed to Amoco Production described in a deed recorded in Volume 2001, Page 6 of the Deed Records of Jefferson County, Texas; THENCE along the arc of said curve to the left having a central angle of 22' 40'28" and a radius of 782.50 feet, an arc distance of 309.66 feet to an iron rod found marking the northeast comer of the aforementioned 7.44 acre tract and the northeasterly comer of the said 2.68 acre tract and lying in the westerly line of old Dowlen Road (chord of said curve bears South 14' 18'14" East, 307.64 feet); THENCE South 86'43'08" West, 60.11 feet to the PLACE OF BEGINNING of theherein described tract, containing 34.849 acres of land, more or less. 8 June, 2001 Mr. Stephen Richardson, Director Planning Division, Room 205 City of Beaumont P.O. Box 3827 Beaumont, Texas 77704 ATTN: Mr. Murray Duren MARK W. WHITELEY COND ASSOCIATES INCORPORATED C601N;�S_ULTING ENGINEERS, SURVEYORS, AND PLANNERS P.O. BOX 5492 BEAUMONT, TEXAS 77726-5492 409 / 892-0421 REF: Application for Amendment of the Zoning Ordinance Dear Sir: Attached please find the above reference application for the attached referenced property. The request is made for a retail development in proposed GC -MD. The current zoning is RM-H. The re -zoning request is necessary in order to complete the proposed development plan. Attached is a proposed site plan of the retail development. It is our opinion that the requested zoning is compatible with the immediate vicinity and that it will only stimulate the normal and orderly development and improvement of the surrounding property. Utilities at this location are adequate and drainage and access roads are already provided. The design has provided for safe and convenient movement of traffic without causing any adverse affect on the general public. The type of business proposed for this location will not present any nuisance to adjoining property owners and landscaping will be in accordance with City Ordinances. Enclosed is the fee of $500.00 for review of the requested change. 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, Since ly, Mark W. Whiteley, PE, RPLS President Attachments cc: Mr Lan Phelan W %ord/data/city of beauniont/01-082 Zone Change Leiter T)" 0! 21r- 3250 Eastex Freeway Beaumont, Texas 77703 1-888--830-5929 Fax (409) 892-1346 E-Mail mwwassocOaol.com . ...... ...... .... FILE 1565-Z: Request for a zone change from RM-H (Residential Multiple Family NORTH Dwelling - High Density) to GC -MD (General Commercial - Multiple Family Dwelling) or a more restrictive district. 34.849 acres out of the W. B. Dyches League. Location: West of Old Dowlen Road (abandoned) and north of Kroger Center SCALE Applicant: Mark Whiteley and Associates, Inc. for M. A. Phelan, U, Trustee N.T.S. "Ll Uff-J; WC-0 .4m RS Off off Of f Q f 0 f #0 �rr � �rrrrrrrrrrr To BE --IA R RE IONED POND A ►rrrrrirrrirr... wiffa DD #6 KROGER err qL W. U. DYCHES 4E HEZEXIA =bgb 0, WON" mom z "ffiffiffiRflm WHIRM Z. OfflHIN"m "N"m ON"HifflHiffliflio MEN Holiffo u U� 0 Z GENERAL INFORMATION/PUBLIC UTILITIES APPLICANT: PROPERTY OWNER: STATUS OF APPLICANT: LOCATION: EXISTING ZONING: PROPERTY SIZE: FLOOD HAZARD ZONE: EXISTING LAND USES: SURROUNDING LAND USES: NORTH: Apartments tinder construction EAST: Commercial, retail and office development SOUTH: Shopping center site (Kroger, etc.) WEST: DD#6 retention pond "A" COMPREHENSIVE PLAN: OTHER PHYSICAL FEATURES: STREETS: Mark Whiteley & Associates, Inc. M. A. Phelan 11, Trustee Consulting engineers West of Old Dowlen Road (abandoned), RM-H (Residential Multiple Family Dwelling -Highest Density) District 34.849 acres "C" - minimal Vacant 41 1 11 UHIIR � 161, 113 11 111 1 rowNi, W21=20; RM-H (Residential Multiple Family Dwelling -Highest Density) District GC -MD (General Commercial -Multiple Family Dwelling) District GC -MD A-R (Agricultural -Residential) District Neighborhood Growth Unit None That portion of Dowlen Road, a major arterial abutting the Kroger Center site at Folsom Road is a 136'wide right-of-way with two 24' wide pavements. At the north end of the subject 34 acre tract the Old Dowlen Road transforms into the "new" Old Dowlen Road, South of that intersection Old Dowlen is abandoned. DRAINAGE: There are storm sewers in Dowlen Road, Ditches in Old Dowlen. Retention Pond "A" (DD#6) is abutting on the west. GENERAL INFORMATION/PUBLIC UTILITIES continued WATER: SANITARY SEWER SERVICE: FIRE PROTECTION: - Pi • M OW6141191 1111441VA two There is a 6" water line in Dowlen and a 16" line in the new Folsom Drive, There is an 8" sanitary sewer in Dowlen and a 42" line in the new Folsom Drive. Fire protection is provided by Station #8, St. Hwy. 105 at Lampman. Existing and proposed services are adequate. Proposed street and traffic improvements to be monitored by Public Works.