HomeMy WebLinkAbout2316-Z
DATE: December 18, 2017
TO: Planning Commission and City Council
FROM: Chris Boone, Director of Planning and Community Development
SUBJECT: Consider a request for a rezoning study for the newly annexed area west of Major
Drive and South of Folsom Road.
FILE: 2316 – Z
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STAFF REPORT
In September of 2016, City Council voted to approve the annexation of 77.73 acres of
land at the southwest corner of Major Drive and Folsom Drive. This property includes
several existing developments including a senior living apartment complex, convenience
store/gasoline retailer, a non-profit organization and a church. Zoning regulations
mandate that newly annexed properties be designated RS (Residential - Single Family
Dwelling), at the time of annexation. None of the annexed property uses are compatible
with RS zoning.
Due to the location of the properties along a Major Drive, a major arterial and the
intersection with Folsom Drive, a secondary arterial, and the proximity of residential
neighborhoods across Major Drive, staff is recommending GC-MD-2 (General
Commercial - Multiple Family Dwelling - 2) for the properties in question. GC-MD-2
zoning would not impede further development of these newly annexed properties, and
would offer a measure of protection for nearby properties as all future development
would require a Specific Use Permit and public notification.
During a prior hearing for this study, several issues were raised. First, as a substantial
portion of this property is at the intersection of two major arterial streets, GC-MD would
be an appropriate zone. However, as discussed, rezoning the property to GC-MD-2
would allow for an extra layer of review. It should also be noted that more only half of
the property in question is undeveloped.
Another issue discussed was the tax implications to the owner of property. While a
valid concern, to maintain this policy and be fair and consistent would necessitate the
downzoning of all undeveloped property, resulting in the Zoning Ordinance no longer
being a tool to implement the Comprehensive Plan.
Another issue raised was to simply wait until the owner applies for a rezoning. This could
be problematic in that if the parcel being considered for rezoning were small and away
from Folsom, this may be considered Spot Zoning.
Given this, staff maintains that the zoning of this area for commercial uses would be in
keeping with the development pattern laid out in the Comprehensive Plan and the
development pattern typical of this area. In addition, the proposed GC-MD-2 would
reflect our plan as well as development pattern effectively while allowing additional
control over exactly what is developed in this area.
Planning staff recommends approval of this request.
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 13
Responses in Favor Responses in Opposition
LEGAL DESCRIPTION FOR ORDINANCE PURPOSES
Being tracts 2, 112, 115 and the east 1004.1 feet of tracts 31, 32, 113 & 114, A Houston Survey,
Abstract 33, Jefferson County, Texas, containing 77.737 acres, more or less.
GENERAL INFORMATION/PUBLIC UTILITIES
APPLICANT: City of Beaumont, Planning Division
LOCATION: West of North Major Drive and south of
Folsom Road.
EXISTING ZONING: RS (Residential Single Family Dwelling)
PROPERTY SIZE: ~77.737 acres
EXISTING LAND USES: Commercial/institutional/residential
FLOOD HAZARD ZONE: X – Area determined to be outside the 500
year flood plain
SURROUNDING LAND USES: SURROUNDING ZONING:
NORTH: Vacant RS (Residential Single Family Dwelling)
EAST: Commercial GC-MD (General Commercial - Multiple
Family Dwelling)
SOUTH: Rural/agricultural N/A
WEST: Rural/agricultural N/A
COMPREHENSIVE PLAN: Neighborhood Growth Unit
STREETS: Major Drive – Major Arterial with 130’
wide right-of-way and ~85’ pavement width.
DRAINAGE: Open ditch
WATER: 8" & 24" water lines
SANITARY SEWER SERVICE: 54" Sanitary sewer line
PROPERTY OWNERS
DELAWARE EXTENSION
DEVELOPMENT
FAIRFIELD OWNERS ASSN
GKH INC
HARBOR HOSPICE OF BEAUMONT
JEFFERSON COUNTY D D 6
LCI AMERICA LLC
MADISH INVESTMENTS LTD
MID-COUNTY TEACHERS
MURRAY MONICA JOHNSON
SMITH RONALD G
WESLEY UNITED METHODIST CHURCH