HomeMy WebLinkAbout2119-Z
DATE: January 23,
2012
TO: Planning Commission and City Council
FROM: Stephen C. Richardson, Planning Manager
SUBJECT: Consider a request for a zone change from RS (Residential Single
Family Dwelling) District to GC-MD-2 or more restrictive
district
FILE: 2119-Z
STAFF REPORT
The Planning Manager recommends denial.
This item is a request for a zone change from RS (Residential Single
Family Dwelling) District to GC-MD-2 (General Commercial-Multiple
Family Dwelling-2) District or more restrictive district. The property
is located at 7825 and 7835 Highway 105.
Mike Aref, the property owner, states that he would like to rezone the
property so that he can build a 4,500 sq. ft. shopping center.
This zone change request could be considered spot zoning. Spot
zoning connotes an unacceptable zone that singles out a single tract
for treatment that differs from that accorded similar surrounding
land without proof of changes and conditions. When faced with such
a situation, several issues must be resolved to determine if the zone
change is indeed a spot zoning situation.
Those issues are as follows:
1. The law demands that the approved zoning plan be respected
and not altered for the special benefit of the landowner
when the change will cause substantial detriment to the
surrounding land or serve no substantial public purpose.
Would the zone change be in compliance with the adopted
comprehensive plan?
ANSWER: The subject property is totally surrounded by RS
zoning. While a A grandfathered @ kennel is immediately to
the east of the subject property, the other developed
tracts in the immediate vicinity of the request are single
family residential in nature. Across Hwy. 105, a proposed
church recently received a specific use permit in an RS
District.
STAFF REPORT continued
The Comprehensive Plan designates this area along Hwy.
105 as a Neighborhood Growth Unit. As such, a Neighborhood
Growth Unit allows for a diversity of housing types and
convenient access to parks, schools, and shopping centers
while still protecting single family residential areas
from intrusions of incompatible land uses. Commercial
uses are typically located at the intersections of major
thoroughfares.
The nearest commercial uses, other than the grandfathered
kennel, is approximately 700' west of the subject property.
Rezoning this property could cause substantial detriment
to the surrounding residential uses and serve no
substantial public purpose. The rezoing may increase
the value of the subject property at the expense of
surrounding residential properties. The change would not
be on compliance with the adopted comprehensive plan in
that it would permit a commercial strip approximately
2,100' from the Hwy. 105/Major Dr. intersection and
approximately 4,700' from the Hwy. 105/Keith Rd.
intersection.
2. Will this change adversely impact the surrounding
properties? The nature and degree of an adverse impact
upon neighboring lands is important. Lots that are
rezoned in a way that is substantially inconsistent with
the zoning of the surrounding area, whether more or less
restrictive, are likely to be invalid.
ANSWER: Rezoning the subject property to GC-MD-2 would
be inconsistent with the surrounding zoning.
3. Is the tract of land suitable or unsuitable for use as
presently zoned? This is a factor. The size, shape and
location of a tract of land or lot may render it unusable
or even confiscatory as zoned.
ANSWER: The land is perfectly suitable for single family
residential uses. The argument might be made that
commercial uses are more appropriate along Hwy. 105.
However, the land along this stretch of Hwy. 105 has
historically been developed with residential uses.
4. Does the proposed zone change bear a substantial
relationship to the public health, safety, morals or
general welfare or protect and preserve historical and
cultural places and areas. The amendatory ordinance must
bear a substantial relationship to the aforementioned
considerations.
ANSWER: The proposed change does not bear a substantial
relationship to the public health, safety, morals or
general welfare or protect and preserve historical and
cultural places and areas.
PUBLIC NOTIFICATION
Notices mailed to property owners 22 .
Responses in Favor . Responses in Opposition
.
LEGAL DESCRIPTION FOR ORDINANCE PURPOSES
Being Lots 1 and 2, Mize Estates, City of Beaumont, Jefferson
County, Texas, containing 0.72 acres, more or less.
GENERAL INFORMATION/PUBLIC UTILITIES
APPLICANT: Mike Aref
PROPERTY OWNER: Same
LOCATION: 7825 and 7835 Hwy. 105
EXISTING ZONING: RS (Residential Single
Family Dwelling) District
PROPERTY SIZE: 0.72 acres, more or less
EXISTING LAND USES: Vacant
FLOOD HAZARD ZONE: A X @ - Areas determined to be
outside 500-year floodplain
SURROUNDING LAND USES: SURROUNDING ZONING:
NORTH: Hwy. 105, vacant RS (Residential Single Family Dwelling)
District
EAST: Kennel RS
SOUTH: Residential, vacant RS
WEST: Residential RS
COMPREHENSIVE PLAN: Neighborhood Growth Unit
STREETS: Hwy. 105 - Major Arterial with 4
lanes, undivided
DRAINAGE: Curb and gutter
WATER: 8' water line
SANITARY SEWER
SERVICE: 8" sanitary sewer line
PROPERTY OWNERS
ADAMS BENJAMIN L & LINDA M
AREF MIKE
BARNES HARRY & SHARON D
BEAUMONT COMMUNITY CHURCH AKA BEAUMONT BIBLE CHURCH
BRUM CHERIE M
CUNNINGHAM CLIFFORD B &BARBARA
GONZALES MICHAEL & KRISTINA
HARVEY RONALD DALE
KATSERES CARRIE & JAMES T
MORTGAGE ELECTRONIC REGIS SYS % DOVENMUEHLE MORTGAGE
INC
NORTHWEST CHURCH OF CHRIST
PEPPER MCKENDREE GIBSON & ANGIE JEANNETTE
PERKINS ESTELLA
SAVOIE WATSON LADY
SHELANDER SCOTT F & PAMELA A
SIMON MASHELL L
TURNEY TERRELL M
WELLS DONALD R & IRIS F
YEATES MARLENE