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Home My WebLink About1843-ZP DATE: September 18, 2006 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 GC-MD-2 (General Commercial - Multiple Family Dwelling - 2) District or a more restrictive district and a specific use permit to allow a wholesale garden supply tree storage business in a GC-MD-2 (General Commercial - Multiple Family Dwelling - 2) District. FILE: 1843-Z/P STAFF REPORT The Planning Manager recommends denial of this request. Helen Viator, the property owner, is requesting a zone change from RS (Residential Single Family Dwelling) District to GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District or more restrictive district and a specific use permit to allow a wholesale garden supply tree storage business in a GC-MD-2 District. The property is located at the southeast corner of Fannin and Edgemore. Ms. Viator states that Lenes Viator wishes to purchase the subject property from her so that he can expand his nursery business. Mr. Viator currently operates a plant nursery on Sunnyside, north of Fannin. The subject property would be used to store trees. No buildings would be constructed on the property. Over the years, the Sunnyside Addition, north of College, has been subject to a number of commercial encroachments. The latest zone change in this area occurred in 2001, when a 0.34 acre tract on the subdivision=s western edge was rezoned to CM (Commercial-Manufacturing) District for the purpose of selling and servicing high pressure washing equipment. That property has never been developed. The properties surrounding the subject property are residential or vacant. The Planning Manager feels that while the proposed use might not be detrimental to the surrounding properties, allowing further commercial encroachment into the residential portion of the neighborhood would have a negative impact on those properties. In addition, this request could be considered spot zoning. To determine spot zoning, several issues must be addressed. The issues are as follows: STAFF REPORT continued 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 purpose. Would the zone change be in compliance with the adopted comprehensive plan? The surrounding property is zoned RS. The Comprehensive Plan designates this area as a A Stable Area @. As such, no incompatible land uses should be introduced into the area. 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 or less restrictive, are likely to be invalid. Rezoning the subject property to GC-MD-2 would be inconsistent with the surrounding zoning and land uses. Commercial zoning would have a negative impact on the nearby residential properties. 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 property is suitable for residential. 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 20 . Responses in Favor . Responses in Opposition . LEGAL DESCRIPTION FOR ORDINANCE PURPOSES Being Lots 23-24, Block 16, Sunnyside Addition, City of Beaumont, Jefferson County, Texas, containing 0.17 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 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 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, 2, 6, 7 and 8 follow: 5. While the proposed use will not adversely affect the surrounding properties, the introduction of commercial zoning upon the neighboring residential properties will negatively impact those properties. 6. A commercial use would impede the development of any future residential uses on nearby vacant properties. 6. All lighting, if any, will be shielded to protect the neighbors. 7. The applicant is requesting a waiver to all landscaping and screening requirements along the east and south sides of the property. No 8' tall opaque screening fence or 10' wide landscape strip would be installed. 8. The Comprehensive Plan designates this area as a A Stable Area @. As such, the area should be free of blighting influences such as incompatible land uses. GENERAL INFORMATION/PUBLIC UTILITIES APPLICANT: Helen Viator PROPERTY OWNER: Same LOCATION: Corner of Fannin and Edgemore EXISTING ZONING: RS (Residential Single Family Dwelling) District PROPERTY SIZE: 0.17 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) District EAST: Residential RS SOUTH: Residential RS WEST: Vacant RS GENERAL INFORMATION/PUBLIC UTILITIES continued COMPREHENSIVE PLAN: Stable Area OTHER PHYSICAL FEATURES: None STREETS: Edgemore Drive - Local street with a 55' wide right-of-way and 16' pavement width; Fannin Street - Local street with a 60' wide right-of-way and 18' pavement width DRAINAGE: Open ditch WATER: 6" water line SANITARY SEWER SERVICE: 8" sanitary sewer line FIRE PROTECTION: Fire protection is provided by Station #10, 3855 Washington Blvd. ADEQUACY OF SERVICE: Services are adequate. PROPERTY OWNERS PAULA C GUILLORY % H & H INVESTMENTS SEFERINO S & ANGELITA RAMIREZ RAYMOND D MELANCON MELISSA ROBINSON BETTINA GAUDET & CAMILLE ROCHA JOSEPH WESLEY FAUL RICARDO & LUCILA ESCAMILLA DAVID CHRISTOPHER CLUCK POLICARPO & ALMA L CASTILLO CLARA DOOLEY C S MCREYNOLDS FRED PARSONS III LENES VIATOR JOSE L & YOLANDA SANCHEZ ROBERT GRYDER MELVIN SELMAN DOROTHY WILLIAMS PAMELA JAN ALRED JERRY J ALRED HUEY PATRICK LAMAR