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HomeMy WebLinkAbout2194-ZP DATE: September 15, 2014 TO: Planning Commission and City Council FROM: Chris Boone, Director of Planning and Community Development SUBJECT: Consider a request for a rezoning from R-S (Residential Single Family Dwelling) to LI (Light Industrial) or a more restrictive zoning district with a specific permit for a metal sand blasting and coating facility. FILE: 2194 – Z/P ___ STAFF REPORT Planning staff recommends denial of this request. Robert Dean Fontenot is requesting a rezoning from RS (Residential Single Family Dwelling) to LI (Light Industrial) district with a specific use permit for a metal sand blasting and coating facility on his property. The Fontenots own approximately forty (40) acres at 7625 Washington Blvd., this request is for ±21.51 acres of the total area. The Fontenots purchased this property approximately fifteen (15) years ago and immediately opened for business. Staff has no record of permits pulled for this business. The property includes a barn, used for their sandblasting business, which is located in an area previously used for oil and gas drilling. Mr. Fontenot contends that this oil and gas drilling operation created a “dead zone” where vegetation no longer grows, making the land unsuitable for agricultural purposes. The proposed use employs two or three employees and operates from 8 AM to 4:30 PM, Monday through Friday. Sand blasting is considered similar to other metal working uses for the purposes of zoning. 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 neighborhood growth unit. 2. 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 business is not allowable in this zone type, the zoning pattern is predominantly RS. In addition the surrounding land use is residential to the north, Crescent on Walden is located to the southeast and land to the west and northwest have been developed residentially. 3. Rezoning would not serve a public purpose furthering public health, safety, morals or general welfare. 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 10 Responses in Favor Responses in Opposition LEGAL DESCRIPTION FOR ORDINANCE PURPOSES Being Tract 31, Plat SP-8, C. Williams Survey, City of Beaumont, Jefferson County, Texas, containing 21.514 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 X X within the immediate vicinity; 2. That the establishment of the specific use will not impede the normal and orderly development and X X improvement of surrounding vacant property; 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 X X Comprehensive Plan. GENERAL INFORMATION/PUBLIC UTILITIES APPLICANT: Robert Dean Fontenot PROPERTY OWNER: Jane J. Fontenot LOCATION: 7625 Washington Boulevard EXISTING ZONING: RS (Residential Single Family Dwelling) PROPERTY SIZE: ~21.514 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 RS (Residential Single Family Dwelling) District EAST: Vacant RS SOUTH: Vacant RS WEST: Residential RS COMPREHENSIVE PLAN: Neighborhood Growth Unit STREETS: Washington Blvd. – Collector street with 60’ wide right-of-way and 24’ pavement width Pevitot Road – Local street with 60’ wide right-of-way and 20’ pavement width Burbank Street – Local street with 60’ wide right-of-way and 20’ pavement width DRAINAGE: Open Ditch WATER: 3” Water line SANITARY SEWER SERVICE: 8” and 36”Sanitary sewer lines PROPERTY OWNERS DISHMAN GEORGE A JR & JAMES FINDLEY SCOTT TROY FONTENOT JANE J HEBERT CLYDE D JR ET AL JEANSONNE DORIS F MARKS SPENCER A MISTROT ROBERT C & SHARON R SEVERINSON DANIEL M WINDHAM JANN & LARRY N WINDHAM