HomeMy WebLinkAbout1990-Z
DATE: June 15, 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 or more restrictive district
FILE: 1990-Z
STAFF REPORT
The Planning Manager recommends denial.
Cornell Price III has applied for a zone change from RS (Residential
Single Family Dwelling) District to RM-H (Residential Multiple Family
Dwelling-High Density) District. The property is located at 5875 E.
Major.
Mr. Price states that the purpose of the rezoning is to allow the
construction of a small apartment complex consisting of 10 to 16
units. The subject property, at the southwest corner of Hwy. 105
and E. Major is adjacent to single family uses on the south and west.
This A residential pocket @ is surrounded by Highway 105 to the north,
East Major Drive to the east and south and the LNVA Canal to the
west. In addition, RS zoning surrounds the subject property. The
nearest RM-H zoning on the north side of Hwy. 105 is located on
Alpine Circle. South of Hwy. 105, the nearest RM-H zoning is
located approximately 415' to the east and is occupied by a church.
In 2004, a request to rezone this property to GC-MD was denied by
the City Council. At the time, the applicant stated that the property
had limited value as single family residential property.
This request could be considered A spot zoning @. The following four
issues must be resolved to determine whether a 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?
STAFF REPORT continued
The subject property is surrounded by RS zoning. This
request would not comply with the zoning plan for the area
and would allow the encroachment of multiple family uses
into a single family area.
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.
This zone change request would be inconsistent with the
zoning of the surrounding area. The subject property is
adjacent to single family residential uses to the west
and south. This zone change would allow the encroachment
of high density residential into a single family area.
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.
The subject property could be developed as single family
residential. Within the past 15 years, properties to the
west with frontage on Highway 105 have developed as single
family residential.
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.
The zone change request does not meet Condition 4.
Exhibits are attached.
PUBLIC NOTIFICATION
Notices mailed to property owners 11 .
Responses in Favor . Responses in Opposition
.
LEGAL DESCRIPTION FOR ORDINANCE PURPOSES
Being part of Tract 131, Plat RS4, W.B. Dyches Survey, City
of Beaumont, Jefferson County,
Texas, containing 0.58 acres,
more or less.
GENERAL INFORMATION/PUBLIC UTILITIES
APPLICANT: Cornell Price III
PROPERTY OWNER: Eleanor Danna
LOCATION: 5875 E. Major
EXISTING ZONING: RS (Residential Single
Family Dwelling) District
PROPERTY SIZE: 0.58 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: Church RS (Residential Single Family Dwelling)
District
EAST: Church RS
SOUTH: Residential RS
WEST: Residential RS
COMPREHENSIVE PLAN: Neighborhood Growth Unit
STREETS: Hwy. 105 - Major arterial, 5 lanes
undivided; E. Major Drive - Local
street, 2 lanes
DRAINAGE: Hwy. 105 - Curb and gutter
E. Major Dr. - Open ditch
WATER: 6" - 8" water lines
SANITARY SEWER
SERVICE: 8" - 10" sanitary sewer lines
PROPERTY OWNERS
ARNOLD BOB
ARNOLD ROBERT LEE
DANNA ELEANOR
FRIENDSHIP BAPTIST CHURCH OF BEAUMONT TX
PROPERTY OWNERS continued
FRIENDSHIP BAPTIST CHURCH
LAMBRIGHT LEONARD
LAMBRIGHT LEONARD JR & NELDA LAMBRIGHT
LAMBRIGHT MARY J
NEW LIFE TABERNACLE
TALALIS STEVEN S