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Home My WebLink About2040-ZP DATE: June 21, 2010 TO: Planning Commission and City Council FROM: Stephen C. Richardson, Planning Manager SUBJECT: Consider a request for a zone change from NC (Neighborhood Commercial) District to GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District and a specific use permit to allow a retail store in a GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District FILE: 2040-Z/P STAFF REPORT The Planning Manager recommends approval of the zone change and the specific use permit subject to the following conditions: 1. Install a sidewalk along the Highland and Pipkin street frontages 2. Redesign the driveway on Pipkin to allow one lane for ingress and one lane for egress. Bob Gage, representing GBT Realty Corporation, has applied for a zone change from NC (Neighborhood Commercial) District to GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District and a specific use permit to allow a retail store in a GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District. The property is located at the southwest corner of Highland and Pipkin and is the former location of the South Park Theater. The applicant states that the reason for the zone change is to allow a 9,000 sq. ft. Dollar General Discount Store to be built. Under the current NC zoning, only a 4,000 sq. ft. structure could be built. This size restriction would be impractical for the type of store that Dollar General builds. This rezoning could be considered spot zoning. Property to the north, south and east is zoned NC. To the west and east is zoned RS (Residential Single Family Dwelling) District. Issues to consider when determining if a request is spot zoning includes the following: 3) 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. The Comprehensive Plan designates this area as A Conservation and Revitalization @. As such, the Plan recognized that there is an immediate need to prevent further deterioration of the neighborhood. The South Park Neighborhood Plan identifies this part of Highland Avenue as A General Commercial @. This designation suggests commercial development that would allow for buildings that exceed 4,000 sq. ft. STAFF REPORT continued This area has seen very little commercial development in the past several years. In 2002, City Council approved a zone change from RCR to GC-MD-2 for 0.90 acres of property located at 4825 Highland to allow the construction of an 8,000 sq. ft. Family Door Store. While the current zoning suggests limiting building size to 4,000 sq. ft., the factors must be weighed against each other as to whether this development will be detrimental to the surrounding area or whether this development will serve substantial public purpose. The Planning Manager believes that the proposed use will not be detrimental to the surrounding area and will serve a strong public need asa viable retail establishment in the South Park area. This business will serve the South Park and Charlton-Pollard neighborhoods. 4) Will the change adversely impact the surrounding properties? Again, the Planning Manager does not feel that the proposed change will adversely impact the surrounding properties. There are other commercial properties in the immediate area, some vacant and dilapidated. The subject property itself was once the site of the South Park Theater. The Dollar General will generate much less traffic than the theater. 5) Is the tract of land suitable or unsuitable for use as presently zoned? As presently zoned, a variety of commercial uses would be allowed. However, any building would be limited to 4,000 sq. ft. GC-MD-2 zoning is the most restrictive zoning district that would require a specific use permit for the proposed use and allow a building larger than 4,000 sq. ft. 6) 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 proposed retail store will provide a safe, clean environment to meet the shopping needs of the residents living in the surrounding neighborhoods. In addition, it will hopefully encourage more commercial uses along Highland Avenue which has historically been one of the commercial arteries fo the South Park neighborhood. Exhibits are attached. PUBLIC NOTIFICATION Notices mailed to property owners 46 . Responses in Favor . Responses in Opposition . LEGAL DESCRIPTION FOR ORDINANCE PURPOSES nd Being Lots 10-15, Block 50, Jef Chaison 2 Addition, City of Beaumont, Jefferson County, Texas, containing 1.03 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 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 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 ANALYSIS continued This application is in conformance with six of the eight conditions necessary for approval. Comments on Conditions 1, 4 and 7 follow: 7. The proposed General Dollar store will be constructed on an underutilized, vacant property that is now a nuisance to the neighborhood. The store will bring much needed retail to the South Park area. 8. The applicant is proposing to construct a driveway onto Pipkin that has two lanes for egress and one lane for ingress. Transportation Engineering recommends that due to the size of Pipkin, the driveway be redesigned to allow one lane for ingress and one lane for egress. 7. The Zoning Ordinance requires an 8' tall wood screening fence and a 10' wide landscape strip along the west property line. The site plan does not show an 8' tall wood screening fence along the west property line. In addition, the landscape strip along the frontage of Highland Ave. must be a minimum of 6' wide. GENERAL INFORMATION/PUBLIC UTILITIES APPLICANT: Bob Gage representing GBT Realty PROPERTY OWNER: Jose and Genovena Ruiz LOCATION: Southwest corner of Highland and Pipkin EXISTING ZONING: NC (Neighborhood Commercial) District PROPERTY SIZE: 1.03 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: Commercial NC (Neighborhood Commercial) District EAST: Residential NC and RS (Residential Single Family Dwelling) District SOUTH: Commercial NC WEST: Residential RS COMPREHENSIVE PLAN: General Commercial GENERAL INFORMATION/PUBLIC UTILITIES continued STREETS: Highland Avenue - Secondary arterial with a 60' wide right-of-way and a 36' pavement width; Pipkin Street - Local street with a 60' wide right-of-way and an 18' pavement width DRAINAGE: Curb and gutter WATER: 3" and 6" water lines SANITARY SEWER SERVICE: 10" sanitary sewer line PROPERTY OWNERS HENRY CHARLIE W JR ET UX HILL MARVA JOHNSON ALVINEE JUDGE TAMIKO & MAXINE SAVOY KING TREVENCE & MARGARET KINGDOM CONNECTION OUTREACH CHURCH INC CORP KITTLING KEISHA DEVAULT LE KIM PHUONG MATA FELIX GUILLEN ET UX MENDIETA MIGUEL NICHOLAS JACK PARAGON BUSINESS INC PILLSBURY HOMER JR REDDEN STEVE RIGNEY MARTIN RODRIGUEZ JUAN CARLOS & RAQUEL RUIZ JOSE J & GENOVEVA SERENBETZ HAROLD J & KARENA SHELANDER BRETT A SHUJAT HOLDING COMPANY SOUTHEAST TEXAS COMMUNITY DEVELOPMENT CORP INC TAYLOR J R TRAHAN BYRAN VAN THANH PHUOC & HA NGUYEN WATSON THOMAS G WRIGHT MCGREGOR