HomeMy WebLinkAbout2089-ZP
DATE: June 20, 2011
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 RM-M (Residential Multiple Family
Dwelling-Medium Density) District or more restrictive district
and a specific use permit to allow an adult day care in an RM-M
(Residential Multiple Family Dwelling-Medium Density) District
FILE: 2089-Z/P
STAFF REPORT
The Planning Manager recommends denial of the zone change and
specific use permit based upon the fact the he believes that the zone
change constitutes spot zoning.
Melody Peters has applied for a zone change from RS (Residential
Single Family Dwelling) District to RM-M (Residential Multiple Family
Dwelling-Medium Density) or more restrictive district and a specific
use permit to allow an adult day care in an RM-M (Residential
Multiple Family Dwelling-Medium Density) District. The property is
located at 1635 W. Highland Drive.
Ms. Peters states that the day care would target individuals 55 and
older. The facility would initially operate 6:30 a.m. - 6:00 p.m.,
Monday through Friday and some Saturdays. Depending upon
demand, the hours of operation may expand. Activities would
include social and recreational activities, health maintenance,
transportation, meals, occasional weekly dining out, swimming pool
activities and trips to museums and performances.
The subject property is zoned RS. An adult day care is not permitted
in the RS District so a zone change is needed. This zone change
request could constitute spot zoning. In evaluating whether a zone
change is spot zoning, there are several issues or questions that need to
be addressed. Spot zoning connotes an unacceptable zone change
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, the following issues
must be resolved to determine whether a spot zoning situation exists:
1. The law demands that the approved zoning plan should 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 entire area surrounding the subject property
is zoned RS. The rezoning of this property
would be of special benefit to the landowner
in that she cannot operate her adult day care
without the rezoning. The zone change request
is not in compliance with the comprehensive
plan. The Development Strategies Diagram
designates this area as A Stable @. Stable areas
are defined as built up areas which are generally
characterized by good to excellent structural
conditions and neighborhoods that are free form
blighting influences such as incompatible land
uses, dilapidated and derelict buildings and
a deteriorated or poor public infrastructure.
Vacant parcels which may exist are good to
excellent development sites. Rezoning this
property would allow for the potential of higher
densities and the introduction of land uses that
are incompatible with single family
residential.
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: This rezoning would allow development at a
higher density than what is permitted on
surrounding lands. The maximum density in an
RS District is 8 units per acre. The RM-M
District would allow a maximum density of 17
units per acre. The surrounding area is
developed in large lots. In addition, the RM-M
District permits, either by right or with a
specific use permit, rooming and boarding
houses and social services, including
residential care facilities and halfway houses
for offenders and delinquents. None of these
uses are permitted in the RS District. Some
of these uses could have detrimental effects
on surrounding properties.
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 property is currently used as a single family
residence. The surrounding lots are developed
as single family as well. The subject property
is suitable for single family 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 zone 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 20 .
Responses in Favor . Responses in Opposition
.
LEGAL DESCRIPTION FOR ORDINANCE PURPOSES
Being Lot 1-F, Block 15, Annie T. Warren Addition, City of
Beaumont, Jefferson County, Texas, containing 0.306 acres, more
or less.
GENERAL INFORMATION/PUBLIC UTILITIES
APPLICANT: Melody Peters
PROPERTY OWNER: Same
LOCATION: 1635 W. Highland
EXISTING ZONING: RS (Residential Single
Family Dwelling) District
PROPERTY SIZE: 0.306 acres, more or less
EXISTING LAND USES: Single Family Residential
FLOOD HAZARD ZONE: A X @ - Areas determined to be
outside 500-year floodplain
SURROUNDING LAND USES: SURROUNDING ZONING:
NORTH: Residential, vacant RS (Residential Single Family Dwelling)
District
EAST: Residential RS
SOUTH: Vacant RS
WEST: Residential RS
COMPREHENSIVE PLAN: Stable Area
STREETS: W. Highland Drive - Local street
with a 45' wide right-of-way and
an 18' pavement width
DRAINAGE: Open ditch
WATER: 6" water line
SANITARY SEWER
SERVICE: 8" sanitary sewer line
PROPERTY OWNERS
BALL CAROLYN S
BENNETT MELODY
BOARD DEMETRA A
CARTER CECILIA
CLARK DONOVAN
CLARKE KENNETH J
COLLINS OGDEN
CORMIER FREDA L
GRAY BETTY JEAN
HARRISON DWIGHT
LEGATO J P ESTATE
MANSFIELD WALTER P
MARTIN RAYMOND L
PUMPHREY GREGORY A SR
RICHARD JOYCE & RHONDA BROWN
THOMAS GEORGE
THOMAS GEORGE JR