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HomeMy WebLinkAbout2237-Z DATE: August 17, 2015 TO: Planning Commission and City Council FROM: Chris Boone, Director of Planning and Community Development SUBJECT: Consider a request to rezone a piece of property from RS (Residential Single Family Dwelling) to GC-MD (General Commercial - Multiple Family Dwelling) or a more restrictive zoning district. FILE: 2237 – Z ___ STAFF REPORT Planning staff recommends denial of this request. Patrick Gibbs is requesting a rezoning from RS (Residential Single Family Dwelling) to GC-MD (General Commercial - Multiple Family Dwelling) district. Mr. Gibbs states that current conditions make the residential zoning obsolete. One of the primary concerns for this request is spot zoning. The reasons being: 1. The request is not in compliance with the comprehensive plan. The subject property is designated as a stable area indicating the zoning is adequate. 2. The request is not consistent with the zoning or land use of the surrounding area, existing uses surrounding the property are either residential or institutional. Thirteen developed/occupied residential lots abut the property. 3. Rezoning would not serve a public purpose furthering public health, safety, morals or general welfare. While most properties along Cardinal Drive are commercial, this particular area is largely zoned and developed as single-family. As such, should this rezoning be approved, it would be surrounded on the north, east and south by property zoned as R-S. One possible alternative would be to join with the adjacent church and apply for RM-H (Residential Multiple Family Dwelling - Highest Density) zoning. This would allow for residential uses and possibly allow for more limited commercial uses that would be more compatible with the surrounding land uses. 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 B-21, Lots 3-A & 3-F, Block 3, J.A. Veatch Survey, Abstract 55, Beaumont, Jefferson County, Texas, containing 3.48 acres, more or less. GENERAL INFORMATION/PUBLIC UTILITIES APPLICANT: Patrick Gibbs PROPERTY OWNER: Patrick Gibbs LOCATION: 1030 West Cardinal Drive EXISTING ZONING: RS (Residential Single Family Dwelling) PROPERTY SIZE: ~3.48 acres EXISTING LAND USES: Vacant 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 RS SOUTH: Church RS WEST: Cardinal Drive RS COMPREHENSIVE PLAN: Stable Area STREETS: Cardinal Drive – Freeway with 400’ wide right-of-way and ~40’ pavement width. DRAINAGE: Curb and gutter WATER: No Water line SANITARY SEWER SERVICE: 6” Sanitary sewer line PROPERTY OWNERS ALLEN MICHAEL L BEAUMONT ISD CASTANEDA MARINA ALTAMIRANO CHESNUTT NORMA FOX CRAIG GAY BENJAMIN GIBBS MILLIE C GIBBS PATRICK H GRAHAM GREGORY HADNOT CHRISTOPHER HUMPHREY NATHANIEL JR ETUX J & E INVESTMENT GROUP INC KELLY BRENDA J KELLY CYNTHIA KENRICK MAGGIE L GUIDRY LANDRY LATRAIA LAJUANA LEMELL ROY J LEWIS LOUIS AMOS MALBROUGH NANCY MCWILLIAMS CARL S & JACIE D POLAR JOHNNY & LINDA RENFRO ATHEAN SILER LARRY N SOUTHSIDE ASSEMBLY OF SULLIVAN W A WHITAKER JACQUELYN WHITE ADDIE WHITE ANGELA WHITE CATHERINE WYKOFF VALORIE