HomeMy WebLinkAbout2230-ZP
DATE: April 20, 2015
TO: Planning Commission and City Council
FROM: Chris Boone, Director of Planning and Community Development
SUBJECT: Consider a request to rezone a portion of the property from R-S (Residential
Single Family Dwelling) to GC-MD (General Commercial - Multiple Family
Dwelling) or a more restrictive district and a specific use permit to allow a
commercial dump truck business.
FILE: 2230-Z/P
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STAFF REPORT
Staff recommends approval of this request with the following conditions:
1. No commercial use of R-S property, including parking vehicles.
2. Full compliance with United States Army Corp of Engineers requirements.
3. Parking areas must be paved.
4. Obtain a Certificate of Occupancy.
William Ceaser has been operating a commercial dump truck and concrete business at 2340 East
Lucas since about 2007 according to the Beaumont City Directory. The South 150 feet of the
property is zoned GC-MD (General Commercial - Multiple Family Dwelling), but the remainder
of the property is zoned RS (Residential Single Family Dwelling). However, no formal
approval or Certificate of Occupancy was ever obtained. The Army Corp of Engineers has
expressed concern that this property is a wetland. Mr. Ceaser is in the process of cleaning up that
portion of the property located in the flood hazard. He hopes to rezone an additional 150 feet of
the property to GC-MD or a more restrictive district and is asking for a specific use permit to
allow him to continue operating his dump truck business at this location. In addition, arial
photography reveals that Mr. Ceaser has been attempting to use the North part of his property by
dumping scrap material to fill in low areas of the floodplain.
Mr. Ceaser states that he will no longer be bringing products or debris to his property but will be
depositing all loads at his customers property or the city dump site. He plans to store and
maintain five dump trucks and five work trucks at the property. Hours of operation are
approximately from 7:15am to 4pm, Monday through Friday.
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 14
Responses in Favor Responses in Opposition
REZONING FOR PROPERTY DESCRIBED AS FOLLOWS: BEING the north 150 feet of
the south 300 feet of Plat D-27, Tract 28, H. Williams Survey, Abstract 268427, Beaumont,
Jefferson County, Texas, containing 0.32 acres, more or less.
SPECIFIC USE PERMIT FOR PROPERTY DESCRIBED AS FOLLOWS: BEING the
south 300 feet of Plat D-27, Tract 28, H. Williams Survey, Abstract 268427, Beaumont,
Jefferson County, Texas, containing 0.65 acres, more or less.
ANALYSIS
CONDITIONS FOR APPROVAL OF SPECIFIC USE PERMIT
(SECTION 28-26.E, ZONING ORDINANCE)
Application Application
is in is not in Comments
compliance compliance Attached
Conditions:
1. That the specific use will be compatible with and not
injurious to the use and enjoyment of other property,
or significantly diminish or impair property values
within the immediate vicinity; X
2. That the establishment of the specific use will not
impede the normal and orderly development and
improvement of surrounding vacant property; X
3. That adequate utilities, access roads, drainage and
other necessary supporting facilities have been or will
be provided; X
4. The design, location and arrangement of all
driveways and parking spaces provides for the safe and
convenient movement of vehicular and pedestrian
traffic without adversely affecting the general public or
adjacent developments; X
5. That adequate nuisance prevention measures have
been or will be taken to prevent or control offensive
odor, fumes, dust, noise and vibration; X
6. That directional lighting will be provided so as not
to disturb or adversely affect neighboring properties; X
7. That there are sufficient landscaping and screening to
insure harmony and compatibility with adjacent
property; and, X
8. That the proposed use is in accordance with the
Comprehensive Plan. X
GENERAL INFORMATION/PUBLIC UTILITIES
APPLICANT: William Ceaser
PROPERTY OWNER: William Ceaser
LOCATION: 2340 East Lucas
EXISTING ZONING: GC-MD (General Commercial - Multiple
Family Dwelling) / RS (Residential Single
Family Dwelling)
PROPERTY SIZE: ~0.65 acres
EXISTING LAND USES: Commercial Dump Truck Business
FLOOD HAZARD ZONE: X – Area determined to be outside the 500
year flood plain and AE- Flood hazard with
base flood elevations determined.
SURROUNDING LAND USES: SURROUNDING ZONING:
NORTH: Vacant RS (Residential Single Family Dwelling)
EAST: Commercial GC-MD (General Commercial - Multiple
Family Dwelling) / RS
SOUTH: Vacant GC-MD
WEST: Residential GC-MD / RS
COMPREHENSIVE PLAN: Conservation and Revitalization
STREETS: East Lucas: Major Collector with 65’
right-of-way and 43’ pavement width.
DRAINAGE: open ditch
WATER: 8” Water lines
SANITARY SEWER SERVICE: 24” Sanitary Sewer lines
PROPERTY OWNERS
ASBURY UNITED METHODIST
CHURCH
BANKSTON KELLEY MARIE
CASTILLE LAWRENCE E SR
CEASAR WILLIAM
MCFARLAND EDITH
MCKINDLEY JOHNNIE W &
SAMUEL IVORY L & LISA D
SASTRE RUBEN
SMITH WM E
STORBECK TIMOTHY J
TEXAS CABLE PARTNERS
WHATLEY Q P