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Home My WebLink About1926-ZP DATE: January 28, 2008 TO: Planning Commission and City Council FROM: Stephen C. Richardson, Planning Manager SUBJECT: Consider a request for a zone change from RM-H (Residential Multiple Family Dwelling-High Density) District to GC-MD (General Commercial-Multiple Family Dwelling) District or more restrictive district and a specific use permit to allow a commercial service/office center FILE: 1926-Z/P STAFF REPORT The Planning Manager recommends approval of GC-MD-2 and a specific use permit subject to the following conditions: 1. Revise the site plan to reflect the 20' building setbacks along the north and west sides of the property or get variances granted by the Board of Adjustment. 2. Provide an 8' tall wood screening fence and a 10' wide landscape strip along the north and west sides of the property. 3. Construct a sidewalk along the Lucas frontage. 4. Move the dumpsters at least 10' from the north property line. Mr. and Mrs. Mark Johnson have requested a zone change from RM-H (Residential Multiple Family Dwelling-High Density) District to GC-MD (General Commercial-Multiple Family Dwelling) District or more restrictive district and a specific use permit to allow a commercial service/office center. The property is located at 3825 W. Lucas. The Johnson=s state that they would like to construct a 7,100 sq. ft. commercial center to house Ms. Johnson=s after-school math and reading program for children and other service and office oriented businesses. The proposed building will include the 2,100 sq. ft. space for Ms. Johnson and five 1,000 sq. ft. rental spaces. Mr. Johnson states that the existing house was badly damaged by Hurricane Rita and has been abandoned since the storm. The house has been on the market for a number of years. In 2003, a zone change request was denied for the subject property. At that time, staff=s recommendation was based upon the fact that since the property was zoned RM-H, a number of office uses could be permitted with a specific use permit. However, the proposed tutoring service is not permitted in the RM-H District. GC-MD-2 will provide the same protection as RM-H since specific use permits will be required. Staff feels that the property is no longer STAFF REPORT continued conducive for single family use. The properties to the east and south of the subject property are zoned GC-MD and used for commercial purposes. The site plan, as designed, does not meet the setback requirements along the north and west sides of the property. Twenty foot rear and side yard setbacks are required along those property lines. The Planning Manager recommends approval of the specific use permit subject to revising the site plan to reflect the required setbacks or get variances granted by the Board of Adjustment. Exhibits are attached. PUBLIC NOTIFICATION Notices mailed to property owners 19 . Responses in Favor . Responses in Opposition . LEGAL DESCRIPTION FOR ORDINANCE PURPOSES Being Plat D-22, Tract 131, F. Bigner Survey, City of Beaumont, Jefferson County, Texas, containing 0.33 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 5. That adequate nuisance prevention measures have been or will be taken to prevent or control offensive odor, fumes, dust, noise and vibration; X 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, 5 and 7 follow: 1. The proposed specific use permit, with adequate setbacks and buffering will diminish any negative effects to adjacent residential properties. Due to the subject property=s proximity to commercial uses to the east and south, the proposed use will not be detrimental to those properties. 5. The proposed uses will not generate any offensive odors, noise or fumes. The Planning Manager recommends that the dumpsters be moved at least 10' from the north property line. 7. The Planning Manager recommends approval subject to providing an 8' tall wood screening fence and a 10' wide landscape strip. GENERAL INFORMATION/PUBLIC UTILITIES APPLICANT: Mark Johnson PROPERTY OWNER: Same LOCATION: 3825 W. Lucas EXISTING ZONING: RM-H (Residential Multiple Family Dwelling-High Density) District PROPERTY SIZE: 0.33 acres, more or less EXISTING LAND USES: Single Family 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: Commrecial GC-MD (General Commercial-Multiple Family Dwelling) District SOUTH: Commercial GC-MD WEST: Residential RM-H (Residential Multiple Family Dwelling-Highest Density) District GENERAL INFORMATION/PUBLIC UTILITIES continued COMPREHENSIVE PLAN: Stable Area STREETS: West Lucas - Secondary arterial with a 70' wide right-of-way and a 55' pavement width DRAINAGE: Curb and gutter WATER: 20" water line SANITARY SEWER SERVICE: 6" sanitary sewer line PROPERTY OWNERS BRUNO VINCENT ESTATE CARTER WALTER MICHAEL G F HOLDINGS INC HAMBERLIN RICK & JLT ENTERPRISES INC K & M BROUSSARD CO LONG PHILIP B MAC PRO LTD MULLINS DOUGLAS & CHARLENE MUNRO PROPERTIES ODOM BENITA PM INVESTMENTS ROGERS VICTOR J TRUSTEE SHAHEEN INTERNATIONAL INC STATE HIGHWAY DEPARTMENT TEXAS RAM STEEL INC WHITE WILLIAM DEE