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HomeMy WebLinkAbout1751-Z DATE: November 15, 2004 TO: Planning Commission and City Council FROM: Stephen C. Richardson, Planning Manager SUBJECT: Request for a zone change from RCR (Residential Conservation and Revitalization) District to GC-MD (General Commercial-Multiple Family Dwelling) District or more restrictive district. FILE: 1751-Z STAFF REPORT The Planning Manager recommends denial of this request. Jesus Gonzales, the property owner, is requesting a zone change from RCR to GC-MD for property located at 995-997 Avenue B. The property is currently vacant. Mr. Gonzales states that the purpose of the rezoning is to operate a tire and auto repair shop on the subject property. This request could be considered spot zoning. When determining whether a spot zoning condition exists, the following issues must be addressed. 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? The surrounding properties are zoned RCR and are either vacant or residential in nature. The Avenues/College Street Area Neighborhood Plan designates this area for mixed residential and limited commercial uses. This area was rezoned to RCR to allow for some compatible commercial uses. An auto repair shop is permitted in an RCR District with a specific use permit. However, a tire and auto repair shop at this location would be detrimental to the surrounding properties. 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. The Planning Manager thinks that the nature of the proposed business will adversely impact the surrounding properties. The surrounding area is basically residential in nature. If this property is rezoned to GC-MD, it would be surrounded by RCR zoning. GC-MD zoning would allow for a myriad of uses not particularly compatible with residential uses. 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 land, as presently zoned, is suitable for residential uses. There is nothing out of the ordinary that would preclude it from being developed as zoned. 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 rezoning of this property, as proposed, would allow for uses that could be detrimental to the surrounding area. Exhibits are attached. PUBLIC NOTIFICATION Notices mailed to property owners 23 . Responses in Favor . Responses in Opposition . LEGAL DESCRIPTION FOR ORDINANCES PURPOSES Being Lot 156, Block 13, Crary Addition, City of Beaumont, Jefferson County, Texas, containing 0.16 acres, more or less. GENERAL INFORMATION/PUBLIC UTILITIES APPLICANT: Jesus Gonzales PROPERTY OWNER: Same LOCATION: 995-97 Avenue B EXISTING ZONING: RCR (Residential Conservation and Revitalization) District PROPERTY SIZE: 0.16 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 RCR (Residential Conservation and Revitalization) District EAST: Vacant RCR SOUTH: Residential RCR WEST: Residential RCR COMPREHENSIVE PLAN: Mixed Use Residential/Commercial OTHER PHYSICAL FEATURES: None STREETS: Avenue B - Local street with a 60' wide right-of-way and a 30' pavement width; Gilbert Street - Local street with a 60' wide right-of-way and an 18' pavement width DRAINAGE: Curb and gutter and open ditch WATER: 2" and 6" water lines SANITARY SEWER SERVICE: 6" sanitary sewer line FIRE PROTECTION: Fire protection is provided by Station #1, 747 College. ADEQUACY OF SERVICE: Services are adequate.