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Home My WebLink About2022-ZP DATE: April 19, 2010 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 (General Commercial-Multiple Family Dwelling-2) District and a specific use permit to allow the parking of dump trucks FILE: 2022-Z/P STAFF REPORT The Planning Manager recommends denial. Evilio Hernandez, the property owner, has applied for a zone change from RS (Residential Single Family Dwelling) District to GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District and a specific use permit to allow the parking of dump trucks. The property is located at 6820 Concord. Mr. Hernandez states that he has owned the subject property for 15 years. The Hernandez family lives at 6840 Concord, just north of the property. Mr. Hernandez states that the reason for the zone change and specific use permit is to enable him to park up to two dump trucks on the property. Mr. Hernandez drives a dump truck for a living. He has been contemplating buying a second dump truck as a back-up for the current truck. Mr. Hernandez states that no more than two dump trucks would ever be parked on the property. Mr. Hernandez states that his property is currently surrounded by commercially zoned property. While the land west of Concord is zoned commercially, the land east of Concord and north of A The Concord Curve @ has historically been residentially zoned. In the past, as well as more recently, there have been some rezonings to commercial. On the east side of Concord, the nearest commercially zoned property to Mr. Hernandez=s is approximately 800' south. Those rezonings that have occurred have been south of the intersection of Concord and Highway 105. The widening of Concord will stop at Highway 105. While it could be argued that the widening of Concord will be conducive for commercial development, the same cannot be said for that part of Concord north of Highway 105. Between Highway 105 and Eastex Freeway, all the property fronting on the east side of Concord is zoned RS. That portion of Concord has a 60' wide right-of-way and an 18' pavement width. Exhibits are attached. PUBLIC NOTIFICATION Notices mailed to property owners 15 . Responses in Favor . Responses in Opposition . LEGAL DESCRIPTION FOR ORDINANCE PURPOSES Being Tract 62, RS 1, Thomas Spear Survey, Abst. 50, City of Beaumont, Jefferson County, Texas, containing 1.50 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, nor 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 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 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 five of the eight conditions necessary for approval. Comments on Conditions 1, 2, 5, 7 and 8 follow: 1. The subject property is surrounded on the north, east and south by RS zoning. Both the proposed zoning and the proposed use of the property could significantly diminish or impair the property values of those residentially zoned properties. 2. Allowing truck storage on the subject property could impede the development of surrounding properties by making them less desirable for residential uses. 5. Dump trucks produce noise that could disturb neighbors. As proposed, there would be no screening from adjacent properties. 7. The applicant states that a 10' wide buffer will be provided around the property. However, there is no indication that the buffer would be landscaped as per the Zoning Ordinance. The applicant is also requesting a waiver of the screening requirement, thereby deleting the 8' tall wood screening fence. 8. The subject property is located within what the Comprehensive Plan designates as a Regional Commercial Center. However, the Comprehensive Plan does not define the exact boundaries of the Regional Commercial Center. A Regional Commercial Center is defined as one that may include such uses as hospitals, branch libraries, governmental agencies, major office complexes, regional shopping centers and higher density residential development. The proposed use does not complement what would typically be found in a Regional Commercial Center. GENERAL INFORMATION/PUBLIC UTILITIES APPLICANT: Evelio Hernandez PROPERTY OWNER: Same LOCATION: 6820 Concord EXISTING ZONING: RS (Residential Single Family Dwelling) District PROPERTY SIZE: 1.50 acres, more or less EXISTING LAND USES: Vacant FLOOD HAZARD ZONE: A X @ - Areas determined to be outside 500-year floodplain GENERAL INFORMATION/PUBLIC UTILITIES continued SURROUNDING LAND USES: SURROUNDING ZONING: NORTH: Residential, vacant RS (Residential Single Family Dwelling) District EAST: Vacant RS SOUTH: Residential, commercial RS, GC-MD (General Commercial-Multiple Family Dwelling) District WEST: Residential, vacant GC-MD COMPREHENSIVE PLAN: Regional Commercial Center STREETS: Concord Road - Local street with a 60' wide right-of-way and an 18' pavement width DRAINAGE: Open ditch WATER: 6" water line SANITARY SEWER SERVICE: 10" sanitary sewer line PROPERTY OWNERS HARRIS INA HERNANDEZ EVELIO HERNANDEZ EVELIO & LAURA HOGAN THOMAS C MARGO HOYT JACKS CATHERINE J JACKS CATHERINE PARKHILL MONTGOMERY ALECIA MUSE LIMITED INC POWELL DANIEL PSS DEVELOPMENT LTD % SAM C PARIGI JR UNION PACIFIC RAILROAD CO % PROPERTY TAX DEPART WESTMORELAND G S WESTMORELAND GARLAND MRS