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Home My WebLink About1853-P DATE: October 16, 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 counseling office in an RCR (Residential Conservation and Revitalization) District. FILE: 1853-P STAFF REPORT The Planning Manager recommends denial of this request. Ella Mae Chisum is requesting a specific use permit to allow her to operate a counseling office at 2659 McFaddin. She currently offices across the street from the subject property at 2628 McFaddin. Ms. Chisum states that she sees between 15 and 20 clients a week. She provides mental health counseling Monday - Friday. A rear entrance will be provided to allow her clients privacy coming and going. The 2600 block of McFaddin is a mix of commercial and residential th uses. Fronting on 11 Street are a motel and a restaurant. Except for a small apartment complex and an insurance agency parking lot, the rest of the commercial uses in this block front on McFaddin and are located in single family residential structures that have been converted to commercial. The subject property has always been single family residential. The City has conducted a zoning study that recommends that the RCR zoned portion of this block be rezoned to RS. Existing commercial uses will be grandfathered. The property would convert to residential once that business closes. Enough single family residential-type structures remain so that this block could easily be converted back to its original residential character. Exhibits are attached. PUBLIC NOTIFICATION Notices mailed to property owners 23 . Responses in Favor . Responses in Opposition . LEGAL DESCRIPTION FOR ORDINANCE PURPOSES Being Lot 9, Block 51, Averill Addition, City of Beaumont, Jefferson County, Texas, containing 0.172 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 three of the eight conditions necessary for approval. Comments on Conditions 1, 4, 7 and 8 follow: 1. The Planning staff has conducted a zoning study that designates this area for RS (Residential Single Family Dwelling) District zoning. With the desire to return the Old Town neighborhood to its original single family character, permitting commercial uses within residential areas is no longer appropriate. 4. The minimum required driveway width is 20'. The site plan shows a 8' wide driveway. Five parking spaces are required. Only two spaces are provided. 7. Ms. Chisum is requesting a modification to the landscaping/screening requirements. Along the south, east and west property lines is a 6' tall chain link fence. On the east and west sides are 0' - 5' for landscaping. An 8' tall wood screening fence and a 10' wide landscape strip are required. 8. The Comprehensive Plan designates this area as a A Conservation/Revitalization Area @. As such, these areas tend to experience influences such as incompatible land uses, dilapidated and derelict structures and deteriorating infrastructure. Immediate actions are needed to prevent continued deterioration and to reverse and repair these conditions. GENERAL INFORMATION/PUBLIC UTILITIES APPLICANT: Ella Mae Chisum PROPERTY OWNER: Michael and James Devillier LOCATION: 2659 McFaddin EXISTING ZONING: RCR (Residential Conservation and Revitalization) District PROPERTY SIZE: 0.172 acres, more or less EXISTING LAND USES: Single family dwelling FLOOD HAZARD ZONE: A X @ - Areas determined to be outside 500-year floodplain GENERAL INFORMATION/PUBLIC UTILITIES continued SURROUNDING LAND USES: SURROUNDING ZONING: NORTH: Commercial, apartments RCR (Residential Conservation and Revitalization) District EAST: Residential RCR SOUTH: Commercial GC-MD (General Commercial-Multiple Family Dwelling) District WEST: Residential RCR COMPREHENSIVE PLAN: Conservation and Revitalization OTHER PHYSICAL FEATURES: None STREETS: McFaddin Street - Local with a 60' wide right-of-way and a 27' pavement width DRAINAGE: Curb and gutter WATER: 2" water line SANITARY SEWER SERVICE: 6" sanitary sewer line PROPERTY OWNERS RAVI HALASWAMY C HOYT BOTHE ET UX DAVID W SELF JUAN JOSE & MARIA PLAZA DELORES M THOMPSON PATRICIA KELSEY AMER NATL INS CO MICHAEL S & JAMES DEVILLIER DAVID & CATHERINE GALMOR HARRY H KILGORE DBA M REBECCA ILES GALMOR INVESTMENTS PATSY J JONES WILLIAM LIGON / ROBERT LIGON ANAYAT HOUSE INC MARY LIGON LEFFEL RAVIN & SUSAN K D CHANDRA SETCA MWR ENTERPRISES OF SE STOMA PROPERTY TX INC MWR ENTERPRISES OF SE TEX WILLIAM B & JOAN P COOK INC THREE TIMBERS INVESTMENTS JOE ATKINS LLC CALIBER PROPERTIES INC