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Home My WebLink About1903-P DATE: October 15, 2007 TO: Planning Commission and City Council FROM: Stephen C. Richardson, Planning Manager SUBJECT: Consider a request for a specific use permit to allow a physician=s office in an RCR (Residential Conservation and Revitalization) District. FILE: 1903-P NOTE: On September 17, 2007, the Planning Commission tabled this request for one month to allow Dr. Wesson the opportunity to speak with the Old Town Neighborhood Association=s Board of Directors. STAFF REPORT The Planning Manager recommends approval of this request subject to the following condition: 1. Parking, as shown on the site plan, must be provided in the rear yard of the subject property or the applicant must obtain a special exception to the parking requirement from the Board of Adjustment. and with modifications to the landscaping/screening requirements along the east, west and south sides of the property (6 2' wood screening fence along approximately 106' of the east property line; 4' chain link fence along the south property line and along approximately 106' of the west property line; and 3' wide landscape strip along the east property line. Dr. Mae Wesson has again applied for a specific use permit to allow a physicians=s office in an RCR (Residential Conservation and Revitalization) District. The property is located at 2331 North. In August, 2006, City Council denied an identical request from Dr. Wesson. In that application, Dr. Wesson stated that she is a solo practice ophthalmologist. Before the initial application, Dr. Wesson spoke with the Planning Manager about her new office at 2331 North and was told that she would have to apply for a specific use permit prior to moving in. Dr. Wesson began operating at 2331 North prior to submitting her application for a specific use permit. She did not apply for any building permits or a certificate of occupancy. Dr. Wesson states that all exams are by appointment only. Office hours are 10 a.m. - 5:30 p.m. At any one time there will be no more than two vehicles. She is requesting a modification to the landscaping/screening requirements. A 6 2' wood screening fence runs along approximately 106' of the east property line. A 4' foot tall chain link fence runs along the south property line and approximately 106' of the west property line. Along the east side of the property, there is only room for a 3' landscape strip. In July, 2007, Dr. Wesson was contacted by staff after it was learned that she was still operating. On August 1, 2007, Dr. Wesson submitted a new application requesting that she be allowed to continue business at 2331 North. A physician=s office will not significantly impact the surrounding neighborhood. However, this request is another instance where a single family residence in the Old Town neighborhood is converted into a commercial use. Many of the residents in the neighborhood have expressed their concern over further commercial encroachment. To stop this encroachment, the rezoning of much of the Old Town area to RS (Residential Single Family Dwelling) District should be undertaken in the near future. Exhibits are attached. PUBLIC NOTIFICATION Notices mailed to property owners 17 . Responses in Favor . Responses in Opposition . LEGAL DESCRIPTION FOR ORDINANCE PURPOSES Being the W 33.3' of Lot 5 and the E 33.3' of Lot 6, Block 20, Averill Addition, City of Beaumont, Jefferson County, Texas, containing 0.229 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 five of the eight conditions necessary for approval. Comments on Conditions 1, 4, 7 and 8 follow: 2. RCR zoning allows for a mix of residential and commercial uses. Those commercial uses must receive approval of a specific use permit. To negate the impact of commercial development adjacent to residential, reasonable conditions may be placed upon the approval of the specific use permit. The doctor=s office will not have a negative impact on the properties to the east and north. However, residents of Old Town have expressed a desire to restrict further commercial encroachment into their neighborhood. A rezoning of much of the Old Town neighborhood to RS should be undertaken in the near future. 4. Required parking must be provided in the backyard of the subject property. The proposed parking lot provides parking for six vehicles and must be paved with asphalt or concrete. 7. The applicant is requesting a modification to the landscaping/screening requirements along the east, west and south sides of the property. A 6 2' wood screening fence runs along approximately 106' of the east property line. A 4' tall chain link fence runs along the south property line and along approximately 106' of the west property line. Along the east property line, there is only room for a 3' wide landscape strip. 8. The Comprehensive Plan designates this area as A Stable @. Stable areas are defined as built up areas which are generally characterized by good to excellent structural conditions and neighborhoods that are free from blighting influences such as incompatible land uses, dilapidated and derelict buildings and a deteriorated or poor public infrastructure. GENERAL INFORMATION/PUBLIC UTILITIES EXISTING ZONING: RCR (Residential Conservation and Revitalization) District PROPERTY SIZE: 0.229 acres, more or less EXISTING LAND USES: Single family residence FLOOD HAZARD ZONE: A X @ - Areas determined to be outside 500-year floodplain SURROUNDING LAND USES: SURROUNDING ZONING: NORTH: BISD Career Center RCR (Residential Conservation and Revitalization) District EAST: Commercial RCR SOUTH: Residential RCR WEST: Residential RCR COMPREHENSIVE PLAN: Stable Area OTHER PHYSICAL FEATURES: None STREETS: North Street - Major collector with a 60' wide right-of-way and a 27' pavement width DRAINAGE: Curb and gutter WATER: 6" water line SANITARY SEWER SERVICE: 6" sanitary sewer line PROPERTY OWNERS BEAUMONT ISD JUAN & ROSA JAIMES JUAN E & PILAR DAVILA WALTER E & TAMMY G NEWBY JUAN J JAIMES ET UX FREDERICK H GOODMAN GERARDO LOZA JIMMIE & VERNON O ADAMS JAMES A HOLMES H R ILES LP MAE E WESSON LONNIE C TREADWAY TERESA L CLUM LELAN R & JIMMIE L WOODS DEBORAH MILTON TERRY JANE DUGAS & LANCE D JONES MRS LEO WILLIAMS ESTATE