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Home My WebLink About1836-P DATE: August 21, 2006 TO: Planning Commission and City Council FROM: Stephen C. Richardson, Planning Manager SUBJECT: Consider a request for a specific use permit to allow a doctor=s office in an RCR (Residential Conservation and Revitalization) District. FILE: 1836-P STAFF REPORT The Planning Manager recommends denial of this request. Approval of this request would allow further commercial encroachment into the residential neighborhood. Dr. Mae Wesson is requesting a specific use permit to allow a doctor=s office in an RCR (Residential Conservation and Revitalization) District. The property is located at 2331 North. Dr. Wesson states that she is a solo practice ophthalmologist. Dr. Wesson did office at 2900 North. 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. The Planning Manager has since been informed that she is now operating at the new location. She has received no 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. Planning staff is currently conducting a land use survey of the RCR and commercially zoned areas of the Oaks Historic District to determine the relevance of such zoning. 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: 1. 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. While the doctor=s office will not have a negative impact on the properties to the east and north, commercial encroachment could negatively impact the existing residential in the neighborhood. Residents of Old Town have also expressed a desire to restrict further commercial encroachment. In the 2300 block of North all properties are residential except for the African Violet Society headquarters, the BISD Career Center and an office building th at the southwest corner of 7 and North. 4. Required parking would 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. This proposal is not in conformance with the Comprehensive Plan in that Dr. Wesson=s proposed office would allow commercial expansion into the residential area. GENERAL INFORMATION/PUBLIC UTILITIES APPLICANT: Dr. Mae Wesson PROPERTY OWNER: Same LOCATION: 2331 North GENERAL INFORMATION/PUBLIC UTILITIES continued 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 FIRE PROTECTION: Fire protection is provided by Station #7, 1700 McFaddin. ADEQUACY OF SERVICE: Services are adequate. PROPERTY OWNERS BEAUMONT ISD JUAN E & PILAR DAVILA JUAN J JAIMES ET UX GERARDO LOZA JAMES A HOLMES MAE E WESSON TERESA L CLUM DEBORAH MILTON TERRY MRS LEO WILLIAMS ESTATE JUAN & ROSA JAIMES WALTER E & TAMMY G NEWBY FREDERICK H GOODMAN JIMMIE & VERNON O ADAMS H R ILES LP LONNIE C TREADWAY LELAN R & JIMMIE L WOODS JANE DUGAS & LANCE D JONES