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HomeMy WebLinkAbout1699-ZW DATE: January 26, 2004 TO: Planning Commission and City Council FROM: Stephen C. Richardson, Planning Manager SUBJECT: Request for a zone change from RS (Residential Single Family Dwelling) to GC -MD (General Commercial -Multiple Family Dwelling) District or more restrictive district. FILE: 1699-Z STAFF REPORT The Planning Manager recommends denial of this request. Charlie Danna, the applicant, is requesting a zone change from RS (Residential Single Family Dwelling) District to GC -MD (General Commercial -Multiple Family Dwelling) District for a 0.58 acre tract of land at the southwest comer of Highway 105 and East Major Drive. The property is currently vacant. Mr. Danna states that the property has limited resale value with the current residential zoning and would be better suited for commercial development. However, no specifieplans are given. He goes on to state that the property is across the street from two churches. The Development Strategies Diagram designates this area has a Neighborhood Growth Unit. As such, commercial uses are designated at the intersections of major thoroughfares. The subject property is surrounded by single family residential uses to the west and south. This "residential pocket" is surrounded by Highway 105 to the north, East Major Drive to the east and south and the INVA Canal to the west. In addition, RS zoning surrounds the subject property. The nearest GC -MD zoning is on the north side of Highway 105, approximately 1, 195' west and approximately 2,680' east of the subject property. Therefore, this request could be considered "spot zoning". The following four issues must be resolved to determine whether a "spot zoning" situation exists: 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 is surrounded by RS zoning, The Comprehensive Plan designates this area as a Neighborhood Growth Unit. As such, commercial uses are designated at STAFF REPORT continued the intersections of major thoroughfares. This request is not is conformance with the Comprehensive Plan. 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 subject property is adjacent to single family residential uses to the west and south. To allow commercial zoning on the subject property could be detrimental to the residential uses adjacent to it. If the Planning Commission and City Council determine that this request is not spot zoning, then GC-MD-2 zoning might be considered more appropriate. 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 could be developed as single family residential. Within the past 10 years, properties to the west with frontage on Highway 105 have developed as single family 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 zone change request does not meet Condition 4. Exhibits are attached. PUBLIC NOTIFICATION Notices mailed to property owners 10 Responses in Favor . Responses in Opposition LEGAL DESCRIPTION FOR ORDINANCES PURPOSES Being Plat RS4, Part of Tract 131, Abstract 17, W.B. Dyches Survey, City of Beaumont, Jefferson County, Texas, containing 0.58 acres, more or less. DEC 19 '03 01; 02PV1 COLEHELL Bi41*..ER SOUTHERN HONES P. 2/2 JANET IDANNA f%EkL!r,Ft1 290 CPWLEN'AQAD PE, 103 SEAUMONT.TX 7770 R M,(44") 666402 PAGER (409) 860.6556 FAX (409) 866-1421 SOUTHERN HOMES E-MAIL Jan.*tdanna4ao1xvm December 19) 2003 Planning Division ,Room 205 City Hall, 801 Main Street Beaumont, TX 77701 Highway 105, Tract 131 The lot is better suited for a light commercial zoning, such as a convenience store or restaurant, The lot is adjacent to the New Life Tabernacle and across the street from another church. The lot has limited resale value with the current residential zoning. Thank you for your consideration. Charlie V. Danna Sr. Enh Wice Is Indeoendepfiy Owned And Operated. FILE 1699-Z: A request for a zone change from RS, (Residential Single Family NORTH Dwelling) to GC -MD (General Commercial -Multiple Family Dwelling) District. Location: Northwest corner of Highway 105 and East Major Drive. Applicant: Charlie V. Danna, Sr. SCALE 111- 200' V4 o. 0 %d HIGHWAY I b5 I GENERAL INFORMATION/PUBLIC UTILITIES APPLICANT: Charlie V. Danna, Sr. PROPERTY OWNER: Eleanor Danna LOCATION: Southwest corner of Hwy. 105 and E. Major Dr. EXISTING ZONING: RS (Residential Single Family Dwelling) PROPERTY SIZE: 0.58 acres, more or less EXISTING LAND USES: Vacant FLOOD HAZARD ZONE: "X" - Areas determined to be outside 500-year floodplain SURROUNDING LAND USES: SURROUNDING ZONING: NORTH: Church RS (Residential Single Family Dwelling) District EAST: Church RS SOUTH: Residential RS WEST: Residential RS COMPREHENSIVE PLAN: Neighborhood Growth Unit 'A] I as I a ta 0 Me MICKA-1 FEATURES: None STREETS: Hwy, 105 - major arterial, 5 lanes undivided; E. Major Dr. - local street, 2 lanes DRAINAGE: Hwy. 105 - curb and gutter E. Major Dr. - open ditch WATER: Hwy, 105 - 8" water line E. Major Dr. - 6" water line SANITARY SEWER Hwy. 105 - 10" sanitary sewer line SERVICE: E. Major Dr. - 8" sanitary sewer line FIRE PROTECTION: Fire protection is provided by Station #8, 6297 Hwy. 105. ADEQUACY OF SERVICE: Services are adequate.