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Home My WebLink About1891-ZP DATE: July 16, 2007 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 residential care facility for juveniles. FILE: 1891-Z/P STAFF REPORT The Planning Manager recommends denial of the zone change and the specific use permit Theresa LaVergne, the applicant, is requesting 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 residential care facility for juveniles. The property is located at 3895 Kenneth. The subject property is the site of a former fire station. Ms. LaVergne states that she would like to use the structure for a residential treatment center for juveniles. She states that the facility will house 13-16 children. There will be 24-hour supervision with a minimum of 3-4 staff on-site at all times. Ms. LaVergne states that the children who will live at the facility will be from a variety of backgrounds. Initially, it is Ms. LaVergne=s desire that the facility will accept children from the foster care system, broken homes, etc. She did state that eventually the facility may take children from the justice system, as well. Accepting children from the justice system necessitates a specific use permit. 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: 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? 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. 2. 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. 3. 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. 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? 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 38 . Responses in Favor . Responses in Opposition . LEGAL DESCRIPTION FOR ORDINANCE PURPOSES Being Lots 1-2, Block 52, Jef Chaison 2nd 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 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 four of the eight conditions necessary for approval. Comments on Conditions 1, 7 and 8 follow: 5. The proposed residential care facility for juveniles could be detrimental to the surrounding single family residential uses. To place a facility that would house up to 16 persons in the middle of a single family residential neighborhood would not be appropriate. 7. The subject property is surrounded by a 6' tall chain link fence and a 6' tall wood screening fence. An 8' tall wood screening fence and a 10' wide landscape strip would be required along the north and east property lines. The applicant is requesting waivers of the landscaping/screening requirements. 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: Theresa LaVergne PROPERTY OWNER: Same LOCATION: 3895 Kenneth Street EXISTING ZONING: RS (Residential Single Family Dwelling) District PROPERTY SIZE: 0.35 acres, more or less EXISTING LAND USES: Vacant 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) EAST: Residential RS (Residential Single Family Dwelling) SOUTH: Residential RS (Residential Single Family Dwelling) WEST: Residential, vacant commercial RS (Residential Single Family Dwelling) COMPREHENSIVE PLAN: Single Family Residential GENERAL INFORMATION/PUBLIC UTILITIES continued 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: 8" water lines SANITARY SEWER SERVICE: 12" sanitary sewer lines PROPERTY OWNERS THERESA LAVERGNE BOBBY L & JOE ANN COMER OCTAVIO MALDONADO ELIZABETH BRIDGES TREVENCE & MARGARET KING ESONIA DELARA ASSOCIATES FINANCIAL CO JOHNSON ADARENA G BAHENA FRANCISCO & SILVIA JOLIVET COREY BLOCK MELVIN LACAZE FAMILY TRUST BROWN REYNALDO JR LANDRY FREDDIE & MARY CARR BRENDA LEDESMA DANIEL DABERKOW MARY LEVINGSTON ROBERT DAVID DEEN ENAMUDEEN UNUS & MADDUX TERRI SHAHIR MATTHEW MARJORIE J DUROSSEAU ELSIE MAE MATTHEWS HAROLD ESTELLE DENNIS NGUYEN THINH CONG FEACHER GLADYS RICHARD HELEN JOYCE HALE CARL D & DONNA M (CD) SHELANDER SCOTT F & GERARD JAMES PAMELA A GONZALEZ HUMBERTO (CD) SMITH MARK ET UX STATEWIDE CONSOLIDATED TRUONG CHRISTOPHER WIER MARILYN J WILLIAMS DORIAN YTUARTE JOSE A & MARIA G