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Home My WebLink About2006-ZP DATE: November 16, 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-M (Residential Multiple Family Dwelling-Medium Density) District and a specific use permit to allow a church and a boarding house in an RM-M District FILE: 2006-Z/P STAFF REPORT The Planning Manager recommends denial. Pastor Terrell Chatman has applied for a zone change from RS (Residential Single Family Dwelling) District to RM-M (Residential Multiple Family-Medium Density) District and a specific use permit to allow a church and a boarding house in an RM-M District. Pastor Chatman states that God=s Way Spiritual Maintenance is a church that has several small ministries. These ministries include providing food, clothing and shelter to men who seek spiritual guidance. The church also assists needy families with food and assists the elderly and disabled with lawn services, small home repairs and painting. The proposed location of the church and boarding house is the site of a former City of Beaumont fire station. At this location, Pastor Chatman plans to operate his church and provide boarding for homeless men. In 2007, the previous property owner had applied for a zone change to RM-M and a specific use permit to allow a residential care facility for juveniles. That request was denied by City Council. At that time, neighbors had concerns over the residential care facility and staff expressed a concern over spot zoning. Circumstances have not changed significantly to warrant a positive vote on the current application. This rezoning could be considered spot zoning. 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. The following issues should be considered when determining whether a spot zoning situation exists:  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 STAFF REPORT continued to the surrounding land or serve no substantial public purpose. Would the zone change be in compliance with the adopted comprehensive plan? RESPONSE: All of the surrounding property is zoned RS. The South Park Neighborhood Plan designates the subject property and the surrounding area as single family residential. The proposed zone change would be for the special benefit of the landowner. The zone change would not be in compliance with the South Park Neighborhood Plan.  Will this change adversely impact the surrounding properties? 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. RESPONSE: Rezoning the subject property to RM-M would allow apartments to be built in an area that is developed almost entirely with single family residential dwellings. Rezoning the subject property would be inconsistent with the zoning of the surrounding area.  Is the tract of land suitable or unsuitable for use as presently zoned? The size, shape and location of a tract of land or lot may render it unusable or even confiscatory as zoned. RESPONSE: The property itself is suitable for single family residential. On the property is a former City of Beaumont fire station. The property has been owned by a number of individuals since the City sold the property. The building could be used for single family purposes.  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? RESPONSE: The proposed zone change does not bear a substantial relationship to the public health, morals or general welfare. The structure was built 1938. However, the building can be preserved without the need of a zone change. A zone change that would allow an increase in density could be detrimental to the general welfare of a single family residential neighborhood. Exhibits are attached. PUBLIC NOTIFICATION Notices mailed to property owners 34 . Responses in Favor . Responses in Opposition . LEGAL DESCRIPTION FOR ORDINANCE PURPOSES Being Lots 1-2, Block 52, Jeff Chaison Addition, City of Beaumont, Jefferson County, Texas, containing 0.35 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 X ANALYSIS continued This application is in conformance with three of the eight conditions necessary for approval. Comments on Conditions 1, 4, 7 and 8 follow: 5. The proposed boarding house could be detrimental to the surrounding single family residential uses. To place a facility that would house a maximum of 13 persons in the middle of a single family residential neighborhood would not be appropriate. 4. Pastor Chatman states that the boarding house will accommodate up to 13 tenants and the church will seat a maximum of 33 persons. These uses will require 22 parking spaces. Thirteen parking spaces are provided. 7. The fencing around the subject property includes a 6' tall chain link fence along the north property line and a 6' tall wood screening fence and 4' tall chain link fence along the east property line. An 8' tall wood screening fence and a 10' wide landscape strip would be required along the north and east property lines. 8. The proposed use is not in conformance with the South Park Neighborhood Plan. The Plan designates this area as single family residential. GENERAL INFORMATION/PUBLIC UTILITIES APPLICANT: Terrell Chatman PROPERTY OWNER: Same LOCATION: 3895 Kenneth EXISTING ZONING: RS (Residential Single Family Dwelling) PROPERTY SIZE: 0.35 acres, more or less EXISTING LAND USES: Residential 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) District EAST: Residential RS SOUTH: Residential RS WEST: Residential, vacant commercial RS GENERAL INFORMATION/PUBLIC UTILITIES continued COMPREHENSIVE PLAN: Single Family Residential STREETS: Kenneth Avenue - Local street with a 60' wide right-of-way and a 30' pavement width; Brockman Street - Local street with a 60' wide right-of-way and a 20' pavement width DRAINAGE: Kenneth Avenue - open ditch Brockman Street - curb and gutter WATER: 2" and 8" water lines SANITARY SEWER SERVICE: 12" sanitary sewer line PROPERTY OWNERS ASSOCIATES FINANCIAL CO BAHENA FRANCISCO & SILVIA BRIDGES ELIZABETH BROWN REYNALDO JR CNA RENTAL MANAGEMENT LLC DABERKOW VICTOR C JR DEEN ENAMUDEEN UNUS & SHAHIR DELARA ESONIA DUROSSEAU ELSIE MAE GERARD JAMES GONZALES HUMBERTO HALE CARL D & DONNA M (CD) ROBERT B SATTERFIELD (LH) JOHNSON ADARENA G JOLIVET COREY KING TREVENCE & MARGARET LANDRY FREDDIE & MARY LAVERGNE THERESA LEDESMA DANIEL MADDUX TERRI MALDONADO OCTAVIO MATTHEW MARJORIE J MATTHEWS HAROLD NGUYEN THINH CONG PIERT MARION SHELANDER DEREK PROPERTY OWNERS continued SHELANDER SCOTT F & PAMELA A SMITH MARK ET UX STATEWIDE CONSOLIDATED COMMUNITY DEVELOPMENT CORP INC SUGGS PAULA M WIER MARILYN J WILLIAMS DORIAN YVONNE RENEE' BROWN YTUARTE JOSE A & MARIA G