The URL can be used to link to this page

Home My WebLink About1985-ZP DATE: May 18, 2009 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-H (Residential Multiple Family Dwelling-High Density) District and GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District and a specific use permit to allow a convenience store and miscellaneous retail in a GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District FILE: 1985-Z/P STAFF REPORT The Planning Manager recommends approval of the rezoning from RS to GC-MD-2 and the specific use permit to allow the convenience store and miscellaneous retail and the rezoning from RS to RM-H for the N 216' of Lots 3 and 4. The Planning Manager recommends denial of the rezoning from RS to RM-H for Lots 5 and 6A-7D. Nga Duong has applied for a zone change from RS (Residential Single Family Dwelling) District to RM-H (Residential Multiple Family Dwelling-High Density) District and GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District and a specific use permit to allow a convenience store and miscellaneous retail in a GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District. The property is located at 2990 E. Lucas and 4960-5040 Abilene. Mr. Duong owns an existing commercial building at 2916 E. Lucas at Idlewood. Mr. Duong received a zone change to GC-MD-2 in 2006 to allow the development of the commercial building. He would like to construct another commercial building that would include a convenience store, gas pumps and miscellaneous retail. The commercial property would also include a self-service car wash. This property fronts on E. Lucas. He would also like to develop apartments with frontage on Abilene north of the commercial property. The total amount of property included in this request is 4.25 acres. The GC-MD-2 portion includes 0.24 acres and the remaining 4.01 acres are being requested for RM-H. Phase One of the development includes the commercial building and approximately 2 acres of apartments (see site plan). The remaining 2 acres of RM-H zoning would be held for later phases of apartment development. The rezoning of Lot 5 and Lots 6A-7D would be too extensive of an encroachment of multi-family zoning and uses into an established single family area. Exhibits are attached. PUBLIC NOTIFICATION Notices mailed to property owners 36 . Responses in Favor . Responses in Opposition . LEGAL DESCRIPTION FOR ORDINANCE PURPOSES GC-MD-2 - Being the North 50' of the South 200' of Lot 3 & 4, Block 2, Lucas Acres Addition, City of Beaumont, Jefferson County, Texas, containing 0.24 acres, more or less. RM-H - Being the North 216' of Lots 3 & 4, and all of Lot 5 and Lots 6A-7D, Block 2, Lucas Acres Addition, City of Beaumont, Jefferson County, Texas, containing 4.01 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 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 8. That the proposed use is in accordance with the Comprehensive Plan. X ANALYSIS continued This application is in conformance with all eight conditions necessary for approval. Comments on Conditions 1 and 3 follow: 1. The proposed commercial development will compliment the existing commercial to the east. The new development will provide much needed commercial in an area of the City that is under served. 3. The Engineering Department states that drainage plans with an underground system must be submitted and approved by the City. GENERAL INFORMATION/PUBLIC UTILITIES APPLICANT: Nga Duong PROPERTY OWNER: Same LOCATION: 2990 E. Lucas EXISTING ZONING: RS (Residential Single Family Dwelling) District PROPERTY SIZE: 4.25 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: Residential RS (Residential Single Family Dwelling) Distirct EAST: Residential, vacant RS, GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District SOUTH: Residential GC-MD (General Commercial-Multiple Family Dwelling) District WEST: Residential, vacant RS, GC-MD COMPREHENSIVE PLAN: Conservation and Revitalization GENERAL INFORMATION/PUBLIC UTILITIES continued STREETS: East Lucas Drive - Major arterial with a 60' wide right-of-way and a 44' pavement width; Abilene Avenue - Local street with a 60' wide right-of-way and an 18' pavement width DRAINAGE: Open ditch WATER: 6" and 8" water lines SANITARY SEWER SERVICE: 6" and 18" sanitary sewer lines PROPERTY OWNERS ABBOTT GERALDINE N AILES CATHY BABEL FABIAN H BOYKINS BOBBIE J BUESING ALVIN CARMONA ANTONIO & MARIA CONCEPCION DE LA ROSA DALE DENISE DAVIS LYNN DEUTSCHE BANK NAT 'TRUST CO DNT PLAZA INC DUONG & LE INC DUONG NGA FONTENOT MELVIN FRANKLIN CHARLES ANTHONY GARSEE SPENCER B HARRIS LINDA L HART RANDOL B & KENNETH E WERNER HARVEST FOR LOST SOULS OUTREACH MINISTRY HILTON ANNA B LANE RICKEY ET UX LAVINE TERRY D LUQUETTE JOAN C MAPLES JESSIE MAE MILES PAUL E OLIVER LISA N RICH CHARLES W RODENBERG RONALD R RUCKER WARREN D & JOANN SIMMONS WILLIAMS I % BEAUMONT TOM'S SALES INC PROPERTY OWNERS continued ST CLAIR LUCILLE THOMAS GWENDOLYN FAYE TRAHAN BRYAN & WENDY TYLER CARL J D JR WASHINGTON SABIL WISE ALBERT JAMES