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Home My WebLink About1873-ZP DATE: March 19, 2007 TO: Planning Commission and City Council FROM: Stephen C. Richardson, Planning Manager SUBJECT: Consider a request for a zone change from NC (Neighborhood Commercial) District to GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District and a specific use permit to allow a family medical clinic in a GC-MD-2 (General Commercial-Multiple Family) District. FILE: 1873-Z/P STAFF REPORT The Planning Manager recommends approval of this request subject to the following conditions:  Provide a 10' landscape strip along the west property line.  Provide a 6' landscape strip along all street frontages of the parking lots. The Planning Manager also recommends that the building be moved to the front property line and move the parking to the rear of the building (would require a front building setback variance). Clark Moore, Executive Director of Ubi Caritas, has requested a zone change from NC (Neighborhood Commercial) District to GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District and a specific use permit to allow the operation of a new family medical clinic. The property is located at 4400 Highland. Ubi Caritas is a faith based non-profit organization started by the Episcopal congregations of Beaumont. Nine years ago the organization purchased and remodeled the property at 4400 Highland for use as a family medical clinic serving low income residents of South Beaumont. The clinic has grown to serve a patient population of 10,000+, providing charity care in the amount of $580,000 annually. The clinic operates with 5 full-time and 3 part-time employees and is open Monday through Friday. In addition to primary medical services, on-going health and community education classes are provided to the general public. Since Hurricane Rita, the clinic has had to deny an average of 50 patients a week due to lack of space and staff. Through the efforts of the Southeast Texas Regional Planning Commission, Ubi Caritas has received a $860,000 grant to build a 6,000 sq. ft. clinic on the south end of the property. In addition to more patient examination space, a pharmacy and expanded lab services will be included. The old clinic will be converted into a free dental clinic. STAFF REPORT continued The current NC zoning restricts building size to 4,000 sq. ft. To accommodate the new clinic building, the zoning needs to be changed or a variance to the proposed building size needs to be granted by the Zoning Board of Adjustment. This rezoning could be considered spot zoning. The properties to the north and south are zoned RCR. To the east, the property is zoned RS. To the west is zoned RM-H. Issues to consider when determining if a request is spot zoning include the following: 3) 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. Ubi Caritas provides a very valuable service to the low income persons of South Beaumont. Without this family medical clinic, many individuals would not be able to receive the medical care that they need. By approving the zone change and specific use permit, the City will enable Ubi Caritas to increase the number of patients that it serves and increase the number of services that it provides to citizens. The use will not be a detriment to the surrounding area and will serve a strong public need. 4) Will the change adversely impact the surrounding properties? Again, the Planning Manager does not feel that the proposed change will adversely impact surrounding properties. Ubi Caritas now operates a medical clinic on the subject property without adversely impacting the surrounding neighborhood. 5) Is the tract of land suitable or unsuitable for use as presently zoned? As presently zoned, a medical clinic is a permitted use. However, the size of the building for any permitted use is limited to a maximum of 4,000 sq. ft. GC-MD-2 zoning is the most restrictive zoning district that would require a specific use permit for the proposed use and allow a building larger than 4,000 sq. ft. 6) 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 enlarged family medical clinic will provide a much needed service to the low income citizens of South Beaumont. Without the medical services provided by Ubi Caritas, these citizens might go without the care they need. Exhibits are attached. PUBLIC NOTIFICATION Notices mailed to property owners 27 . Responses in Favor . Responses in Opposition . LEGAL DESCRIPTION FOR ORDINANCE PURPOSES Being Lots 1-6, Block 1, Park Place Addition, City of Beaumont, Jefferson County, Texas, containing 1.03 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 seven of the eight conditions necessary for approval. Comments on Conditions 1, 4, 7 and 8 follow: 1. The expansion of an existing medical clinic will not adversely impact adjacent properties. The clinic will be a positive addition to the neighborhood. 4. The parking layout meets city code. However, the South Park Neighborhood Plan identifies this portion of Highland as unique with its A neo-traditional @ type development. Buildings are constructed at the front property line with parking in the rear. This type of development encourages pedestrian activity along Highland. The proposed site plan places the new building toward the rear of the property with parking to the side and front of the building. To build the building at the front property line, a variance to the 20' front building setback would be required. However, the Planning Commission and City Council may wish to encourage Ubi Caritas to go before the Board of Adjustment for the variance. To do so would preserve the unique character of this strip of Highland. 7. An 8' tall screening fence and a 10' wide landscape strip will be required along the west property line. In addition, a 6' wide landscape strip will be required along the street frontages of the parking lots. 8. The Comprehensive Plan designates this area as A Conservation and Revitalization @. The South Park Neighborhood Plan designates this area as A General Commercial @. GENERAL INFORMATION/PUBLIC UTILITIES APPLICANT: Clark Moore for Ubi Caritas PROPERTY OWNER: Ubi Caritas LOCATION: 4400 Highland EXISTING ZONING: NC (Neighborhood Commercial) District PROPERTY SIZE: 1.03 acres, more or less EXISTING LAND USES: Medical clinic and vacant FLOOD HAZARD ZONE: A X @ - Areas determined to be outside 500-year floodplain GENERAL INFORMATION/PUBLIC UTILITIES continued SURROUNDING LAND USES: SURROUNDING ZONING: NORTH: Commercial/Police substation NC (Neighborhood Commercial) District EAST: Pietzch/McArthur Elementary School RS (Residential Single Family Dwelling) District SOUTH: Commercial NC WEST: Residential, vacant RS and RM-H (Residential Multiple Family Dwelling) District COMPREHENSIVE PLAN: Conservation and Revitalization/General Commercial STREETS: Highland Avenue - Secondary arterial with a 61' wide right-of-way and a 36' pavement width; Woodrow Avenue - Local street with a 60' wide right-of-way and a 30' pavement width; Palm Avenue - Local street with a 60' wide right-of-way and a 30' pavement width DRAINAGE: Curb and gutter WATER: 6" water lines SANITARY SEWER SERVICE: 6" sanitary sewer lines PROPERTY OWNERS BEAUMONT ISD ROBERT L KAUFMAN ET UX LOT 2, TR SARALINE ANGEL FENLEY VAN METER GENE A EMMA FAYE MORROW HUNG VAN NGUYEN SIDNEY O HOLMES ET UX ANDREW SELLERS ESTATE VISION ALIVE CHRISTIAN MINISTRIES OUTREACH CENTER BEAUMONT ISD VAN-DO-WILL-INV ST PAUL'S UNITED METHODIST CHURCH OF BEAUMONT TX INC BENJAMIN & MARIE CELESTINE % JOHN A RANEY JR LEONARD GUILLORY JR % YELLOW ROSE PROPERTY MGT CO PROTESTANT EPISCOPAL CHURCH OF THE DIOCESE OF TEXAS WALLACE & SHIRLEY BERNARD PROPERTY OWNERS continued ABT ENTERPRISES LTD 7407 MARSHALL GROUP LLC MARY F WYLIE GREGORY L & ANGELA E FOSTER LESLIE L III & KENNETH SELLS % JOHN RANEY AVALON SPV LLC