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Home My WebLink About2166-ZP DATE: April 15, 2013 TO: Planning Commission and City Council FROM: Stephen C. Richardson, Planning Manager SUBJECT: Consider a request for a zone change from R-S (Residential Single Family Dwelling) District to RCR (Residential Conservation and Revitalization) District or more restrictive district and a specific use permit to allow a washateria in a RCR (Residential Conservation and Revitalization) District. FILE: 2166-Z/P ___ STAFF REPORT The Planning Manager recommends denial of the zone change from R-S (Residential Single Family Dwelling) District to RCR (Residential Conservation and Revitalization) District and a specific use permit to allow a washateria in the RCR District. The property is located at 3505 Pine Street. Sergio Sierra, the property owner, would like to convert the existing commercial building on the property into a washateria. The property is occupied with the vacant commercial building and his residence. Mr. Sierra states that the business will have 15 washing machines and 12 dryers and operate from 9 a.m. to 9 p.m., seven days a week. This building was constructed a number of years ago for use as a washateria. However, due to being vacant for several years, the building has lost its legal non-conforming status. The vast majority of properties west of Pine Street are zoned RS. Staff is not aware when the area west of Pine was zoned RS. Whether it was zoned residential or commercial prior to when the commercial building was constructed is not known. However, what is important is that the property is now zoned RS and a washateria is not permitted unless the property is rezoned. If the current building did not exist and the property owner wanted to construct a new washateria, staff would have concern over commercial encroachment into a residential neighborhood. East of Pine Street and in close proximity to the proposed washateria is a church, a newly constructed elementary school/school zone, and a city park. Ideally, commercial establishments would be excluded from being near such uses. In addition, the existing layout of the washateria’s parking lot is such that it would require vehicles to back directly out onto the street. With the school and park nearby, there is a possible conflict between pedestrian traffic and motor traffic. In fact, a pedestrian crossing is located at the intersection of Pine and Martin Streets, immediately adjacent to the proposed parking for the new use. In addition, the building is sitting 8’ into the City right-of-way along Martin Street. To correct such an encroachment, either the building needs to be moved or a license to encroach needs to be approved by the City Council. The philosophy behind legal non-conforming uses is that when they lose that status, they will eventually go into disuse and the property will be developed with a use that is permitted in the zoning district. Given the zoning and land use in the area and the fact that this building has been vacant and sits within the City right-of-way, this is a good example of allowing the elimination of incompatible uses, as envisioned by the Zoning Ordinance. Under this scenario, Mr. Sierra would still have use of his property as a residence. Exhibits are attached. PUBLIC NOTIFICATION Notices mailed to property owners 20 Responses in Favor Responses in Opposition LEGAL DESCRIPTION FOR ORDINANCE PURPOSES Being Tract 76, Plat PL D20, A. Williams Survey, City of Beaumont, Jefferson County, Texas, containing 0.75 acres, more or less. ANALYSIS CONDITIONS FOR APPROVAL OF SPECIFIC USE PERMIT (SECTION 30-26.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 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 X 8. That the proposed use is in accordance with the Comprehensive Plan. X X ANALYSIS continued This application is in conformance with three of the eight conditions necessary for approval. Comments on Conditions 1, 4, 7, and 8 follow: 1. Due to close proximity to a school, church, and playground, the washateria would not be a compatible use. The properties to the west of Pine St. are zoned RS. A washateria would not be compatible with single family housing. 4. The parking lot is laid out such that vehicles are required to back out directly onto the street. Pine Street is a major collector with only a 20’ wide pavement and open ditches. With close proximity to a school, church, and park, the possibility of a conflict between pedestrian traffic and motor traffic is high. 7. The applicant is requesting a waiver of the landscaping/screening requirements. A chain link fence now exists along the west side of the property. The applicant will replace the chain link fence with a 6’ wood screening fence. No Fence will exist along the north property line. No 10’ wide landscaping strips will be installed along the west or north property lines. The paved parking lot is existing. There is no room to install interior or perimeter landscaping in the parking lot. 8. The comprehensive plan designates this area as Conservation and Revitalization. As such, incompatible land uses are to be minimalized. GENERAL INFORMATION/PUBLIC UTILITIES APPLICANT: Sergio Sierra PROPERTY OWNER: Same LOCATION: 3505 Pine Street EXISTING ZONING: R-S (Residential Single Family Dwelling; owner is requesting a zone change to RCR – Residential Conservation and Revitalization) PROPERTY SIZE: 0.75 acre EXISTING LAND USES: Residential FLOOD HAZARD ZONE: X (Area is determined to be outside 500-year flood plain) SURROUNDING LAND USES: SURROUNDING ZONING: NORTH: Residential R-S (Residential Single Family Dwelling) EAST: Church RCR (Residential Conservation and Rehabilitation) SOUTH: Residential R-S WEST: Residential R-S COMPREHENSIVE PLAN: Conservation and Revitalization STREETS: Pine Street – Major collector with 60’ right of way and 20’ pavement width DRAINAGE: Open ditch WATER: 8” Water line SANITARY SEWER SERVICE: 8” Sanitary sewer line PROPERTY OWNERS BEASLEY GLORIA BEAUMONT ISD BUTCHER RUBY CANTUE GARY CITY OF BEAUMONT COPE OLLIE MRS DENBY J DENNINGS MARGARET ESTATE DURSO MARILYN J DURSO MARILYN J %AL DURSO JACKSON R P LE BLUE ALBERTHA NEFF JOHN & PATRICIA PLACIDE SALLY ROPER ADELAN B ESTATE SEALE ED SEALE RUBY L ESTATE SOLITO MARGARET SYLVESTER DAVIS JR & MARILYN SYLVESTER DAVIS JR & MARILYN SYLVESTER LANCER L