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Home My WebLink About2014-ZP DATE: December 21, 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 GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District or more restrictive district and a specific use permit to allow a storage facility in a GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District FILE: 2014-Z/P STAFF REPORT The Planning Manager recommends denial. Troy Booker 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 a storage facility in a GC-MD-2 District. The property is located at 3699 Kenneth. Mr. Booker states that he has owned the property for the last fifteen years. The building, itself, appears to have been there for many years. He states that the building is used as storage for his personal and business use. He would store such items as lawn mowers, a trailer, garage doors, tools and a work truck. According to the site plan, the north end of the building is to be removed by Mr. Booker. In February, 2009, the City of Beaumont tagged this building as a dangerous structure. Pam Loiacano, City of Building Demolition Coordinator, determined that the building is not suitable for rehabilitation. The building has not yet gone to City Council for demolition. In addition, a judgement has been filed against the property by Jefferson County for back taxes in the amount of $10,820.19. 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 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 STAFF REPORT continued 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 GC-MD-2 would allow for a large number of commercial uses with a specific use permit. 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: If the building is demolished, the property itself is suitable for single family residential. The commercial building that is located on the property is a non-conforming structure and any commercial use would be non-conforming. As is typical of a non-conforming structure and/or use, once it no longer exists, the non-conformity disappears and the property reverts to a conforming use. The building has been tagged by the City as a dangerous structure and has been determined to be unsuitable for rehabilitation. In addition, demolishing the dilapidated structure would enhance what is otherwise a single family residential neighborhood.  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. A zone change that would allow a commercial use could be detrimental to the general welfare of the single family residential neighborhood. Exhibits are attached. PUBLIC NOTIFICATION Notices mailed to property owners 29 . Responses in Favor . Responses in Opposition . LEGAL DESCRIPTION FOR ORDINANCE PURPOSES Being Lot 12 and the West 2 of Lot 11, Block 16, Jeff Chaison Addition, City of Beaumont, Jefferson County, Texas, containing 0.209 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 commercial building that is located on the subject property is non-conforming. The redevelopment of this property as a commercial use would be incompatible with surrounding land uses and zoning. The Planning Manager considers the request spot zoning. 4. The proposed parking spaces along the south side of the building would back directly onto Pipkin St. This parking layout is not allowed. 7. The applicant proposes building a 10' tall privacy fence along the east property line. Due to the layout of the proposed parking, the required 6' wide landscape strip would be impossible to install. 8. The South Park Neighborhood Plan designates this area for single family residential. The proposed use is not in conformance with the Neighborhood Plan. GENERAL INFORMATION/PUBLIC UTILITIES APPLICANT: Troy Booker PROPERTY OWNER: Same LOCATION: 3966 Kenneth EXISTING ZONING: RS (Residential Single Family Dwelling) District PROPERTY SIZE: 0.209 acres, more or less EXISTING LAND USES: Vacant commercial building 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: Vacant RS GENERAL INFORMATION/PUBLIC UTILITIES continued COMPREHENSIVE PLAN: Single Family Residential STREETS: Kenneth Street - Local street with a 60' wide right-of-way and a 20' pavement width; Pipkin Street - Local street with a 60' wide right-of-way and an 18' pavement width DRAINAGE: Kenneth - Curb and gutter Pipkin - Open ditch WATER: 2" and 12" water lines SANITARY SEWER SERVICE: 15" sanitary sewer line PROPERTY OWNERS ADAMS CARL ANTOINE RENITA MICHELLE BATISTE CAROL LYNN BLAIZE LAWRENCE BOOKER TROY LEE SR CELESTINE SHARON ANN CNA RENTAL MANAGEMENT LLC CREEL DARREN DEEN ENAMUDEEN UNUS & SHAHIR DELARA ESONIA HANSEN RON WILLIAM HARBIN GREGORY E JAMES ALLEN JR JONES SQUIRE J SR JOSEPH ALBERT JR & EMILY JOUBERT WILLIE ROY SR & JESSIE KING TREVENCE & MARGARET LEDESMA DANIEL LORENZ BOBBIE MARTINEZ RAUL & TERESA NGUYEN PETER & NAM XUAN NIETO CARLOS & ADELAIDA BOHENA OZCO FERNANDO & AMADA MONTALVO REAL LEE LP PROPERTY OWNERS continued REYNA DAVID & RAQUEL RICHARD JOYCE SPAULDING TONI TORRES LEONARD WILLIAMS MIKE