HomeMy WebLinkAbout2308-Z
DATE: December 18, 2017
TO: Planning Commission and City Council
FROM: Chris Boone, Director of Planning and Community Development
SUBJECT: To reconsider a request for a rezoning from NC (Neighborhood Commercial) to
GC-MD (General Commercial - Multiple Family Dwelling) or a more restrictive
zoning district.
FILE: 2308-Z
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STAFF REPORT
Eco-Site is requesting a reconsideration to allow rezoning from NC (Neighborhood Commercial)
to GC-MD (General Commercial - Multiple Family Dwelling) for the property located at 5250
Helbig Road. The property is currently occupied by a church.
The NC (Neighborhood Commercial) District, is primarily intended for retail sale of
convenience goods or personal services primarily for persons residing in adjacent residential
areas. GC-MD (General Commercial - Multiple Family Dwelling) Districts, is specifically
intended for commercial development. The property is surrounded by residential zoning
districts and residential development. GC-MD zoning would be incompatible with other zoning
in the area and would leave the property susceptible to development that could be harmful to
surrounding properties. This is known as "Spot Zoning." Texas Municipal Law defines "Spot
Zoning" as, "A piecemeal zoning amendment that arbitrarily singles out a small tract for special
treatment . . . Lots that are rezoned in a way that is substantially inconsistent with the zoning of
the surrounding area, whether more or less restrictive, are likely to be invalid according to the
Texas Supreme Court case, City of Pharr v. Tippitt¹." Furthermore:
1. The request is not consistent with the zoning or land use of the surrounding area, existing
uses in the area are primarily residential. While it is unfortunate that the use is not
allowable in this zone type, the zoning pattern is predominantly RS. In addition the
surrounding land use is residential to the north, west and south.
2. Rezoning would not serve a public purpose furthering public health, safety, morals or
general welfare.
The purpose of the proposed rezoning is to accommodate a cell tower. If the property were to
be rezoned to GC-MD, a Specific Use Permit would still be required to allow a cell tower at this
location. In addition, the ordinance requires a 200' setback from residential zoning for a cell
tower. In order to install a cell tower at this location a variance would be required for this
setback requirement. On August 21, 2017, the Planning Commission recommended 5:3 to deny
this request.
Staff recommends denial of the request.
¹616 s. w.2d 173 (Tex. 1981), rev'g 600 S.W.2d 951 (Tex. Civ. App. Corpus Christi 1980).
Please note that final occupancy approval is subject to review and acceptance of submitted plans
and field inspections to verify compliance with applicable codes.
Exhibits are attached.
PUBLIC NOTIFICATION
Notices mailed to property owners 30
Responses in Favor Responses in Opposition
LEGAL DESCRIPTION FOR ORDINANCE PURPOSES
Being Plat D21, Tract 85-B, F. Bigner Survey, Beaumont, Jefferson County, Texas, containing
3.96 acres, more or less.
GENERAL INFORMATION/PUBLIC UTILITIES
APPLICANT: Eco-Site
PROPERTY OWNER: New Faith Holiness Church -
Phillip Battles, Sr.
LOCATION: 5250 Helbig Road
EXISTING ZONING: NC (Neighborhood Commercial District)
PROPERTY SIZE: ~3.96 acres
EXISTING LAND USES: Church
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: Vacant RS
SOUTH: Multi-Family RM-H (Residential Multiple Family
Dwelling - Highest Density District)
WEST: Vacant RS
COMPREHENSIVE PLAN: Stable Area
STREETS: Helbig Road - Secondary Arterial with a 44’
wide right-of-way and 22’ pavement width.
DRAINAGE: Open ditch along Helbig Road. DD#6 ditch
along southeast property line.
WATER: 12" water line
SANITARY SEWER SERVICE: 8" Sewer line
PROPERTY OWNERS NOTIFIED WITHIN 200'
AMERADA HESS CORP
BASS WILLIAM ET UX
BENNETT RONALD
BOWMAN LETHA MAE
BROWN GEORGE J JR
CASH DOUGLAS & CHERYL
CITY OF BEAUMONT
CORMIER JASON LEE
CRABBE CHARLES B
DEAN WILLIE EDWARD JR
EDMONSON TAMMY LYNN
ENTERGY TEXAS INC
GRANSON STANLEY
GREEN ERNEST L
GREGORY HARROLD & DELTRA
GRIFFIN LAURA
JEFFERSON COUNTY
JOHNSON ED A & AGGIE MAE
MARTIN WILBERT
MAZARI SALEH
MOORE ROSA
PENTECOSTAL CHRIST HOLY
PLYMOUTH VILLAGE TRUSTS
ROLLINS ENTERPRISES LLC
SEGURA BRENDA
STANLEY EDNA
STANLEY JAMES
WASHINGTON LOUIS ESTATE
WINGATE CHRISTANA