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HomeMy WebLinkAbout2310-Z DATE: August 21, 2017 TO: Planning Commission and City Council FROM: Chris Boone, Director of Planning and Community Development SUBJECT: To consider a request for a rezoning from NC (Neighborhood Commercial) to RM-H (Residential Multiple Family Dwelling - Highest Density). FILE: 2310-Z ___ STAFF REPORT Staff recommends approval of the request. Alfredo Francisco would like to rezone the property at 1695 Franklin Street to RM-H (Residential Multiple Family Dwelling - Highest Density) District. The property is currently zoned NC (Neighborhood Commercial). Although the property is zoned commercial, a new house was recently constructed on the property. The zoning ordinance states, "The limitations on nonconforming uses in section 28.04.005(c), shall not apply to any residential use existing at the time of the adoption of this chapter." The NC zoning of the property is now creating issues for the property owner as the setback requirements are more restrictive than in a residential zoning district. Rezoning the property will allow the property owner to construct a new storage building and meet setback requirements. 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 17 Responses in Favor Responses in Opposition LEGAL DESCRIPTION FOR ORDINANCE PURPOSES Being Lots 11 & 12, Block 3, Blanchette 2nd Addition, Beaumont, Jefferson County, Texas, containing 0.2709 acres, more or less. GENERAL INFORMATION/PUBLIC UTILITIES APPLICANT: Alfredo Francisco PROPERTY OWNER: Quyen Van Tran LOCATION: 1695 Franklin EXISTING ZONING: NC (Neighborhood Commercial District) PROPERTY SIZE: ~0.2709 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 NC (Neighborhood Commercial District) EAST: Vacant NC SOUTH: Multi-Family RM-H (Residential Multiple Family Dwelling - Highest Density) WEST: Vacant RS (Residential - Single Family Dwelling) COMPREHENSIVE PLAN: Conservation Revitalization STREETS: Franklin Street - Major Collector with a 60’ wide right-of-way and 24’ pavement width. Avenue D - Local Street with a 60’ wide right-of-way and 28’ pavement width. DRAINAGE: Curb and gutter. WATER: 6" water line SANITARY SEWER SERVICE: 6" Sewer line PROPERTY OWNERS NOTIFIED WITHIN 200' GOLDEN TRIANGLE ENTERPRISES INC COWARD MARY DIAMANTIS INVESTMENTS LLC ROBLEDO MARIO NGUYEN QUOC DIAMANTIS GEORGE A TRAN LY JOHNSON SELENA MCCALLUM DONALD & LISA M DIAMANTIS INVESTMENTS LLC TRAN QUYEN VAN SALAZAR MARIA A MERRICK MERCEDES W DELEON RENE MORENO & ANA