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HomeMy WebLinkAbout1753-ZP DATE: December 20, 2004 TO: Planning Commission and City Council FROM: Stephen C. Richardson, Planning Manager SUBJECT: Consider a request for a zone change from LI (Light Industrial) District to GC-MD (General Commercial-Multiple Family Dwelling) District and a specific use permit to allow a residential care facility to house ex-offenders. FILE: 1753-Z/P STAFF REPORT The Planning Manager recommends denial of this request. Merrick Brown, the applicant, is applying for a zone change from LI to GC-MD and a specific use permit to allow a A three-quarter house @ to house up to 50 non-violent ex-offenders in an existing structure at 885 Crockett Street. The16,560 sq. ft. structure is a former commercial building that will be remodeled to house the ex-offenders. Mr. Brown states that the purpose of the facility will be to house the ex-offenders for periods of time from 120 days to one year. The clients will pay $90 a week for room and board. They will not leave the facility until they have completed substance abuse counseling, have $1,500 in a savings/checking account and have been employed for 6 months. The clients will have the opportunity to receive counseling and, if they have not done so, receive a GED. Mr. Brown also states that the facility will have on-site supervision 24 hours a day. In addition to 10 staff persons, there will be an educator, doctor and dentist that will contribute to helping the clients. Curfews will be set and will be enforced. The facility will work closely with the local police department, sheriff department and all government agencies. This request could be considered A spot zoning @. When considering whether a zone change is spot zoning, there are several issues or questions that need to 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 subject property and the properties to the south, east and west are currently zoned LI. The property to the north is zoned HI. The Comprehensive Plan designates this STAFF REPORT continued area as one for A Conservation and Revitalization @. The zone change would specifically benefit Mr. Brown in that it would enable him to operate the halfway house. 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. While the zone change itself may not adversely impact the surrounding properties, the specific use permit that is enabled by the zone change could negatively impact the surrounding 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 subject property can be used 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 subject property does not bear a substantial relationship. Exhibits are attached. PUBLIC NOTIFICATION Notices mailed to property owners 8 . Responses in Favor . Responses in Opposition . LEGAL DESCRIPTION FOR ORDINANCE PURPOSES Being Lot 6, Block 20, Van Wormer Addition, City of Beaumont, Jefferson County, Texas, containing 0.14 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 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 four of the eight conditions necessary for approval. Comments on Conditions 1, 2, 4, 7 and 8 follow: 1 & 2. The immediate area surrounding the subject property is a mix of vacant and commercial/industrial uses. The area is definitely in need of revitalization and redevelopment is a desired goal. However, one could argue whether the proposed use of the property would add to or be a detriment to the desired revitalization. 4. The Traffic Manager has determined that a parking ratio of one space per five tenants plus one space per employee shall be required. Based upon fifty tenants and ten employees, that would require twenty spaces. There is no room for parking on the subject property. The property owner of three lots across the street have given Mr. Brown written permission to use those lots for the required parking. 7. The proposed parking lot will have to be landscaped in accordance with City standards. 8. The Comprehensive Plan designates this area for A Conservation and Revitalization @. It is questionable whether the proposed use would be detrimental to the revitalization to the area. GENERAL INFORMATION/PUBLIC UTILITIES APPLICANT: Merrick Brown, Sr. PROPERTY OWNER: Arthur Greenspan LOCATION: 885 Crockett Street EXISTING ZONING: LI (Light Industrial) District PROPERTY SIZE: 0.14 acres, more or less EXISTING LAND USES: Vacant commercial building FLOOD HAZARD ZONE: A X @ - Areas determined to be outside 500-year floodplain GENERAL INFORMATION/PUBLIC UTILITIES continued SURROUNDING LAND USES: SURROUNDING ZONING: NORTH: Vacant HI (Heavy Industrial) District EAST: Vacant commercial LI (Light Industrial) District SOUTH: Vacant LI WEST: Vacant LI COMPREHENSIVE PLAN: Conservation and Revitalization OTHER PHYSICAL FEATURES: None STREETS: Crockett Street - Local street with a 61' wide right-of-way and a 40' pavement width; Archie - local street with a 60' wide right-of-way and a 40' pavement width DRAINAGE: Curb and gutter and open ditch WATER: 8" water line SANITARY SEWER SERVICE: 10" sanitary sewer line FIRE PROTECTION: Fire protection is provided by Station #1, 747 College. ADEQUACY OF SERVICE: Services are adequate.