HomeMy WebLinkAbout1833-Z
DATE: August 21,
2006
TO: Planning Commission and City Council
FROM: Stephen C. Richardson, Planning Manager
SUBJECT: Consider a request for zone change from RS (Residential Single
Family Dwelling) District to GC-MD (General
Commercial-Multiple Family Dwelling) District or more
restrictive district.
FILE: 1833-Z
STAFF REPORT
The Planning Manager recommends denial of this request.
Jose Perez is requesting a zone change from RS (Residential Single
Family Dwelling) District to GC-MD (General Commercial-Multiple
Family Dwelling) District to allow a carpentry shop at 1035
Chamberlin. The type of carpentry work that the applicant does is
special order cabinets and furniture.
Mr. Perez currently rents a business location on Caldwell, but he would
like to relocate to an accessory building located in front of his
residence.. Mr. Perez states that a building permit was granted for
an accessory building. However, when Mr. Perez came to the City to
inquire about operating a carpentry shop at the Chamberlin property,
he was told that he would have to rezone the property to GC-MD.
This request could be considered A spot zoning @. The property is
surrounded by RS zoning on the north, south and west sides. To the
east is RM-H zoning. To the northeast is GC-MD zoning.
To determine spot zoning, there are several issues that must be taken
into consideration.
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?
This request is not in conformance with the Comprehensive
Plan. The Comprehensive Plan designates this area as a
stable area. A stable area is defined as a built up area
which is 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.
STAFF REPORT continued
Except for either end of Chamberlin, at College and
Washington, the rest of the street is zoned RS. To rezone
this property would result in commercial encroachment into
that part of Chamberlin zoned RS.
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 way that is substantially inconsistent with
the zoning of the surrounding area, whether more less
restrictive, are likely to be invalid.
The lots to the north, south and west are zoned RS. While
there is GC-MD zoning northeast of the subject property,
it is part of the commercially zoned properties that are
oriented toward College. The subject property is located
in a residential neighborhood. In the immediate vicinity
of the subject property, there are six single family
residences.
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 subject property is suitable for residential uses.
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 13 .
Responses in Favor . Responses in Opposition
.
LEGAL DESCRIPTION FOR ORDINANCE PURPOSES
Being Lot 10, Block 5, Caldwood Acres Addition, City of Beaumont,
Jefferson County, Texas, containing 0.86 acres, more or less.
GENERAL INFORMATION/PUBLIC UTILITIES
APPLICANT: Jose Perez
PROPERTY OWNER: Same
LOCATION: 1035 Chamberlin
EXISTING ZONING: RS (Residential Single
Family Dwelling) District
PROPERTY SIZE: 0.86 acres, more or less
EXISTING LAND USES: Single family residential
dwelling
FLOOD HAZARD ZONE: A X @ - Areas determined to be
outside 500-year floodplain
SURROUNDING LAND USES: SURROUNDING ZONING:
NORTH: Vacant RS (Residential Single Family Dwelling)
District
EAST: Vacant RM-H (Residential Multiple Family
Dwelling-Highest Density_ District; GC-MD
(General Commercial-Multiple Family
Dwelling) District
SOUTH: Vacant RS
WEST: Residential RS
COMPREHENSIVE PLAN: Stable Area
OTHER PHYSICAL
FEATURES: None
STREETS: Chamberlin Drive - Local street
with a 60' wide right-of-way
and an 18' pavement width
DRAINAGE: Open ditch
WATER: 12" water line
SANITARY SEWER
SERVICE: 8" sanitary sewer line
FIRE PROTECTION: Fire protection is provided by
Fire Station #6, 1880 S. Major.
GENERAL INFORMATION/PUBLIC UTILITIES continued
ADEQUACY
OF SERVICE: Services are adequate.
PROPERTY OWNERS
MARY K DIBELLO
ALICE LIGHTFOOT
JAY PATEL
MICHAEL D & YASHICA M DILL
THE CROSBY COMPANY
JOSE D C & DOMITILA PEREZ
LILLIAN LIVINGSTON % ROBERT L CURTIS
LABELLE PROPERTIES LTD
LORETTA B CASEY MINERAL TRUST
KENNETH W & JO LENA RAIMER
BOBBIE JEANINE BROWN KERR
TIMOTHY ROSS WARD
WALTON & LEE ANNA THOMAS