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DATE: March 17,
2008
TO: Planning Commission and City Council
FROM: Stephen C. Richardson, Planning Manager
SUBJECT: Request for a zone change from GC-MD (General
Commercial-Multiple Family Dwelling) District to RS (Residential
Single Family Dwelling) District
FILE: 1931-Z
STAFF REPORT
The Planning Manager recommends denial of the zone change.
Stephanie Filer has applied for a zone change from GC-MD (General
Commercial-Multiple Family Dwelling) District to RS (Residential
Single Family Dwelling) District. The property is located at 4795
College.
Ms. Filer states that her family has resided in this former motel for
over six years. In December, 2007, the Filers applied for a building
permit to allow a second story addition to be constructed on part of
the building. The reason for the zone change is to allow the Filers to
continue the construction of a second story addition. However, a
zone change to RS would prohibit the commercial activity that is now
being conducted on the subject property.
The Planning Manager feels that this request constitutes spot zoning.
In determining spot zoning, the Planning Commission and City Council
must consider the following issues:
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?
The applicant states that her family has been using the
former motel as their single residence for over six years
and that the reason for the zone change is so that they
can continue construction of a second story on the existing
building. Single family residences are not permitted in
a GC-MD District. The subject property is also being used
for commercial purposes. All the surrounding property
is zoned GC-MD. The zone change would specifically
benefit the property owner.
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
STAFF REPORT continued
way that is substantially inconsistent with the zoning
of the surrounding area, whether more or less restrictive,
are likely to be invalid.
With residential zoning on the property, any commercially
zoned properties that abut the subject property would be
required to provide additional landscaping and screening
buffers along the adjoining property lines if new
construction were to occur. This could place additional
burdens on the adjacent property owners.
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 land is suitable for use as presently zoned. The
property has no special features that would render it
unusable.
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 proposed zone change does not bear a substantial
relationship to the public health, safety, morals or
general welfare or protect and preserve historical and
cultural places and areas.
Exhibits are attached.
PUBLIC NOTIFICATION
Notices mailed to property owners 22 .
Responses in Favor . Responses in Opposition
.
LEGAL DESCRIPTION FOR ORDINANCES PURPOSES
Being Lot 1, College Acres Addition, City of Beaumont, Jefferson
County, Texas, containing 0.68 acres, more or less.
GENERAL INFORMATION/PUBLIC UTILITIES
APPLICANT: Stephanie Filer
PROPERTY OWNER: Same
LOCATION: 4795 College
EXISTING ZONING: GC-MD (General
Commercial-Multiple Family
Dwelling) District
PROPERTY SIZE: 0.68 acres, more or less
EXISTING LAND USES: Former motel being used as a
single family residence and
commercial business
FLOOD HAZARD ZONE: A X @ - Areas determined to be
outside 500-year floodplain
SURROUNDING LAND USES: SURROUNDING ZONING:
NORTH: Commercial GC-MD (General Commercial-Multiple Family
Dwelling) District
EAST: Commercial GC-MD
SOUTH: Commercial, residential, vacant GC-MD
WEST: Commercial GC-MD
COMPREHENSIVE PLAN: Stable Area
STREETS: College Avenue - Major arterial
with a 110' wide right-of-way
with 6 lanes with a left turn lane
DRAINAGE: Curb and gutter
WATER: 12" water line
SANITARY SEWER
SERVICE: 6" sanitary sewer line