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HomeMy WebLinkAbout1775-ZP DATE: April 18, 2005 TO: Planning Commission and City Council FROM: Stephen C. Richardson, Planning Manager SUBJECT: Consider a request for a zone change from RCR (Residential Conservation and Revitalization) District to GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District and a specific use permit to allow storage for a retail business. FILE: 1775-Z/P STAFF REPORT The Planning Manager recommends approval of this request subject to the following conditions:  Move the parking spaces to the west side of the property to allow for maneuvering area on the subject property.  Receive Board of Adjustment approval for special exception to the parking requirements (2 spaces instead of the required 6 spaces).  Modification to the landscaping/screening requirements along the north property line and for the required parking spaces. Robert and Kathe Hyslop, the property owners, have bought the subject property with the intent of using the buildings for storage for their vintage china shop, The Cheshire Cat. The subject property is located at 1710 North Street. The applicants state that the original building was built in 1966 and was originally used by a vending machine company. Three years later, Manning=s School Supplies bought the property and used it as a retail business. In the mid 1970's, two additional buildings were added by Manning=s. For a period of 47 years prior to 1997, the subject property and the properties to the north, south, east and west were zoned LI (Light Industrial). As a result of a 1997 zoning study, the subject property and the properties to the south, east and west were rezoned RCR (Residential Conservation and Revitalization). The property to the north was rezoned RS (Residential Single Family Dwelling). The property has sat vacant for many years. In April, 2000, a specific use permit was granted for a church but the church never occupied the building. That specific use permit has since expired. The building is now covered with graffiti and is deteriorating due to non-use. STAFF REPORT continued The Hyslops own half of the Teal House Antique Mall and will operate the retail portion of their business at that location. They would like to use 1710 North for the storage of much of their china stock. They state that they have more than 711 china patterns and the number grows steadily. No retail sales would occur at 1710 North and no customers will come to the subject property. The Hyslops will go to the warehouse to get what stock that is needed and then return to their retail store. The Hyslops will clean up the property and maintain it so that it is no longer an eyesore to the community. This zone change could be considered spot zoning. In considering spot zoning, the Planning Commission and City Council should consider the following issues:  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. While the zone change would specifically benefit the landowner, the change will not cause substantial detriment to the surrounding land. The request is for GC-MD-2 which would require a specific use permit for any use that were to locate on the subject property. GC-MD-2 will allow the City Council to be very specific on what type of use would be permitted. In addition, allowing the proposed use will permit the current owners to renovate and clean up a property that has become an eyesore for the neighborhood.  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. The proposed zone change will not adversely impact the surrounding properties. Again, since the request is for GC-MD-2, City Council will have the ultimate authority over what the property can be used for. RCR allows a number of commercial uses with a specific use permit. While GC-MD-2 allows more commercial uses than does RCR, the only uses that would be permitted on this property are those allowed by City Council. The use that is proposed would have little, if any, effect on surrounding properties.  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. STAFF REPORT continued The subject property was originally developed as a commercial use. Marketing of the property for other uses has proved futile. Therefore, the property has sat vacant and deteriorated over the years. When the property was initially developed, its zoning was not nearly as restrictive as the RCR is now. While recognizing that the Old Town Neighborhood has made great strides in its revitalization efforts, staff also recognizes that the subject property might be very difficult to use under the current RCR zoning.  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 building has been vacant for a number of years and is deteriorating due to neglect. Due to its vacant status, vandals have taken a toll on the building. To have the building occupied and maintained would benefit the neighborhood immensely. The GC-MD-2 zoning would allow a viable use for the property while at the same time protecting the neighborhood because any use would require City Council approval. Exhibits are attached. PUBLIC NOTIFICATION Notices mailed to property owners 15 . Responses in Favor . Responses in Opposition . LEGAL DESCRIPTION FOR ORDINANCE PURPOSES nd Being Lots 4-6, Block 30, McFaddin 2 Addition, City of Beaumont, Jefferson County, Texas, containing 0.4598 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 ANALYSIS continued This application is in conformance with six of the eight conditions necessary for approval. Comments on Conditions 1, 4 and 7 follow: 1. The proposed use will have very little, if any, impact on surrounding properties. No customers or large truck traffic will come to the warehouse. The building will be used to store the applicant=s stock of vintage china. 4. The applicant shows two parking spaces on the north and east sides of the property. As shown, traffic would enter and exit the parking spaces directly from the street. The Traffic Manager has denied the parking layout. There is adequate room for parking on the west side of the property. As per the Historic District regulations, parking must be paved with asphalt or concrete. In addition, six parking spaces are required as per ordinance. The applicant is going to apply to the Board of Adjustment for a special exception to the parking requirements to allow only two parking spaces. 7. The applicant is requesting a modification to the landscaping/screening requirements along the north property line and for the parking. The north property line is heavily treed and will provide adequate screening. GENERAL INFORMATION/PUBLIC UTILITIES APPLICANT: Robert and Kathe Hyslop PROPERTY OWNER: Same LOCATION: 1710 North EXISTING ZONING: RCR (Residential Conservation and Revitalization) District PROPERTY SIZE: 0.4598 acres, more or less EXISTING LAND USES: Vacant commercial building 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: Railroad LI (Light Industrial) District SOUTH: Residential, commercial RCR (Residential Conservation and Revitalization) District WEST: Residential RCR GENERAL INFORMATION/PUBLIC UTILITIES continued COMPREHENSIVE PLAN: Conservation and Revitalization OTHER PHYSICAL FEATURES: None STREETS: North Street - Major collector with a 60' right-of-way and a 27' nd pavement width; 2 Street - Local street with a 60' wide right-of-way and a 27' pavement width DRAINAGE: Curb and gutter WATER: 2", 6" and 30" water lines 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 HERMAN J JOHNSON FRED BETH (CD) RICHARD A MORLOCK (LH) WORLD WIDE CLOCKS INC MJ3 LTD CHEM PROD CO INC HENRY C PRESSLER T W MOAK SR ENRIQUE MAGDALENO STANLEY L & DELPHINE GRANSON % T W MOAK WILFORD COMO JR & BETTY WASHINGTON DONALD J FUTCH YUAN & OLIVIA TURK EVELYN J MANNING PARTNERS LTD LEE ROY WILSON SOUTHERN PACIFIC TRANS CO % PROPERTY TAX DEPT