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Home My WebLink About2282-Z DATE: February 20, 2017 TO: Planning Commission and City Council FROM: Chris Boone, Director of Planning and Community Development SUBJECT: Consider a request for a rezoning from RM-H (Residential Multiple Family Dwelling - Highest Density) to RS (Residential Single Family Dwelling) District. FILE: 2282-Z ___ STAFF REPORT Staff recommends approval of the request. In November of 2008, a Zoning Study was conducted for the Oaks Historic District in order to better control development and redevelopment of the stabilizing neighborhood. The study changed a significant portion of the neighborhood to RCR-H, or Residential Conservation Revitalization-Historic to offer additional protections and controls. In addition, the study rezoned several areas from RM-H (Residential Multiple Family Dwelling) to RS (Residential Single-Family Dwelling). In the past, as some areas of the Oaks District became less stable, RM-H allowed owners to convert single-family homes to more profitable multi-family dwellings or light commercial uses. While many property owners took advantage of this zoning, an increasingly stabilizing single-family market in the Oaks justified changing the zoning to RS, Single-Family Dwelling. However, during the conducting of the 2008 study, some areas were not rezoned to RS, due to the prevalence of existing multi-family complexes. Since the time of the study, further conversion from single-family to multi-family within this area has been requested. Now, almost ten years after the 2008 study, the single-family uses are even more stable now and as such, necessitates the rezoning from RM-H to RS. It should also be noted that even though the rezoning of the existing apartment complexes would result in the uses becoming legally non-conforming and could therefore continue to operate, the City’s ordinance allows significant leeway in the continuation of these legally non-conforming residential uses if they become vacant and/or damaged or destroyed. As such, the owners of the apartment complexes would be losing almost no enjoyment of their property as it relates to their multi-family complexes as a result of this study. What would result from the study would be a further limitation on the conversion of single-family homes to other uses. Exhibits are attached. PUBLIC NOTIFICATION Notices mailed to property owners 83 Responses in Favor Responses in Opposition LEGAL DESCRIPTION FOR ORDINANCE PURPOSES Being the west 15' of the south 50' of Lot 11, all of lots 12-16, Block 10 and all of Blocks 7 & 8, Averill Addition, Beaumont, Jefferson County, Texas, containing 9.74 acres, more or less. GENERAL INFORMATION/PUBLIC UTILITIES APPLICANT: Wesley C. Doucet PROPERTY OWNER: Wesley C. Doucet LOCATION: The north side of Hazel Avenue between 6th & 7th Streets, Harrison Avenue between 6th & 7th Streets, the south side of Long Avenue between 6th & 7th Streets and the west side of 7th Street between Ashley Avenue and Evalon Avenue. EXISTING ZONING: RM-H (Residential Multiple Family Dwelling - Highest Density) District PROPERTY SIZE: ~9.74 acres EXISTING LAND USES: Residential FLOOD HAZARD ZONE: X – Area determined to be outside the 500 year flood plain. SURROUNDING LAND USES: SURROUNDING ZONING: NORTH: Residential RS (Residential Single Family Dwelling) District EAST: Residential/Commercial RS SOUTH: Residential RS WEST: Residential/Commercial RS COMPREHENSIVE PLAN: Conservation and Revitalization STREETS: 7th Street - Major Collector with 60’ wide right-of-way and 4bb0’ pavement width. Hazel, Harrison and Long Avenues - Local Streets with 60’ wide right-of-ways and 28’ pavement widths. 6th Street, Ashley and Evalon Avenues - Local Streets with 60’ wide right-of-ways and 20’ pavement widths. DRAINAGE: 7th Street, Hazel, Harrison and Long Avenues -Curb & Gutter 6th Street, Ashley and Evalon Avenues - Open Ditch WATER: 2" Water line SANITARY SEWER SERVICE: 8" Sanitary sewer line PROPERTY OWNERS NOTIFIED WITHIN 200' 2S INC HOFFPAUIR MARCIE K 3 OAKS ENTERPRISES LLC HUNTER STEPHEN ARNOLD HENRY D IBACH BRUCE R BEARDEN IRENE JAMES RICHARD E JR & FAY R BEAUMONT ISD JEPSON BARRY & MARY DELL BERUBE ONDEIDA R & JOHN B JOHNSON DARLENE N BOYD SYDNEY G ET UX JONES PAUL BRAMBLE ROXANNE N JORDAN JOE JACKSON TRUST BRISCOE BETTY L JORDAN RALPH & VIRGINIA BROOKS OTIS J II LAWRENCE PAUL JR BROUSSARD BRIAN & LEWIS MARK F & SUZANNE S BROUSSARD KEITH M DE LEON PROPERTIES LLC BUEHRLE PATSY MABE ANTOINETTE ANN BURNETT DONALD R MARTIN ARTHUR L BYERLY JESSICA NGUYEN JOHN B THANH & CAPELO MOURILLO A & ISIDRA C OLD TOWN INVESTORS CASTILLE LAWRENCE E SR ONOT HOLDINGS LLC CLEVELAND PAIGE E P.N.F.L.L.C COCKERILL THOMAS & DAWN PICKENS VANESSA COLLIER ANTHONY R PLATINUM PROSPECT LTD COLORADO RIVER PROPERTIES LLC ROJAS ARNOLDO CHINCHILLA COOPER DARRELLA SALTER JULIE DIANNE HUFF CULLEN SMITH INVESTMENTS LLC SANCHEZ VICTOR DAWSON KAREN ANN SURLEY SANDERS JOSEPH SHELBY DIXON KAWANA L SESMAS MACEDONIA ALBARRAN DO DIEP THUY SHELAN RONALD S & LILLIAN F DONALD LORI SIBLEY THOMAS J DOTY ROY R & AUDREY J STINNETT MICHAEL W ELAND JAN & JOHN HUBBARD CO-TR THOMPSON JUSTIN KYLER ELLEBRACHT CHRISTOPHER S TIERNO DOMINIC FERNANDEZ GREGORY & CAROLYN TORRES ERNESTO & PATRICIA GOSS JOSEPH RAY & RUTH ESTATE WILLIAMS VANESSA GUY CHRISTOPHER S HAGGER JOHN III & EVELYN HALL ADAM A B & PAMELA D HARGRODER GRETCHEN E HOBSON HERSCHEL L ET UX