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Home My WebLink About1687-ZRE DATE: October 27, 2003 TO: Planning Commission and City Council FROM: Stephen C. Richardson, Planning Manager SUBJECT: Request for approval of a zone change from RS (Residential Single Family Dwelling) to NC (Neighborhood Commercial) District or more restrictive district. FILE: 1687-Z STAFF REPORT The Planning Manager recommends approval of this request. The Planning Manager does not feel that this request is spot zoning for reasons listed in the staff report. Mohamed Ahmed is requesting a zone change for a 0.65 acre tract of land at 4490 Bob. Tile property is currently developed with a convenience store and barbershop. The convenience store and barbershop have been there for many years. A previous zoning study rezoned this area for single family residential uses. In February, 2003, Mr. Ahmed came to the City to inquire about the possibility of expanding the barbershop. It was his desire to construct a 12'6" x 14'addition on the rear of the building. The expansion would be used for restrooni facilities. However, because the property is zoned RS he was unable to expand a legal non -conforming use. Mr. Ahmed is now requesting this zone change to allow him to proceed with his addition. This request could be considered spot zoning. The surrounding properties are zoned RS. Issues to consider when determining if a request is spot zoning includes the following: 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. The Comprehensive Plan designates this area as "Stable". As such, the Plan recognizes that these areas are generally characterized by good to excellent structural conditions and neighborhoods that are free from blighting influences such as incompatible land uses, dilapidated and derelict buildings and a deteriorated orpoor public infrastructure. The West Oakland/Pear Orchard Neighborhood Plan identifies this area for low density residential. STAFF REPORT continued This business has been at this location for many years and is grandfathered as a legal, non -conforming use. The concept behind non -conforming uses is for the property to eventually conform to the existing zoning. However, in cases where the property has been inhabited by a viable business for years, one has to question the logic of originally rezoning of this property to RS. Not until 2003, when Mr. Ahmed wanted to construct the restrooms, did zoning become an issue. In addition, Mr. Ahmed does not wish to expand the business beyond the present boundaries of the subject property. 2) Will the change adversely impact the surrounding properties? The Planning Manager does not feel that the proposed change will adversely impact the surrounding properties. The businesses have been there for many years. To allow Mr. Ahmed the opportunity to improve his business will enable him to better provide his services to the community. 3) Is the tract of land suitable or unsuitable for use as presently zoned? As presently zoned, retail and service uses are not allowed. These two businesses have been in operation at this location for many years and are grandfathered. The situation and recommendation would be different if there were not existing businesses in place and the property was vacant. 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? Allowing this zone change will enable Mr. Ahmed to improve the sanitary conditions of the property as well as the sanitary conditions for his customers. Exhibits are attached. PUBLIC NOTIFICATION Notices mailed to property owners 28 Responses in Favor . Responses in Opposition LEGAL DESCRIPTION FOR ORDINANCES PURPOSES Being Tr. 6A, Plat B-6, J.W. Bullock Survey, Abstract 7, City of Beaumont, Jefferson County, Texas, containing 0.65 acres, more or less. ---^--~------- ! AHMED ��.��... I ......'�� } AM-NUmcery 4490 Bob Street Beaumont, TX 77705 Phone: (409)842-2086 City Council City 0fBeaumont Attention: Planning Connoiamkm/ In February 2003,myrequest toadd obathroom tomyexisting building was denied kvthe Board of Adjustment. Therefore, lmmnow requesting NCNeighborhood Commercial for my rezoning. The addition of bathroorn facilities will in no way add to the commercial trafficking or expand the business. The bathroom will only enhance the safety and heath ofthe property, I ask that you reconsider the denial and respectfully urge you to render a favorable decision on my behalf. This will allow roetoimprove the sanitary conditions ofthe property aalcontinue 10 provide uvu|uab7e service tothe community in which loperotc, Ithank you in advance for your consideration and prompt attention Nthis matter. Mo6umadAhmod . i �e,0417Xa LUCILLE ST. MILDRED ST. � * R 1 1 ps - -1 w � � , : I -_ Efi b0 50 so do VIRGINIA ST. � w 1 ANN15. r i 0R -S, ' I4 GENERAL INFORMATION/PUBLIC UTILITIES APPLICANT: Mohamed Ahmed PROPERTY OWNER: Estelle Marie Baker LOCATION: 4490 Bob EXISTING ZONING: RS (Residential Single Family Dwelling) District PROPERTY SIZE: 0.65 acres, more or less EXISTING LAND USES: Convenience store and barbershop FLOOD HAZARD ZONE: "X" - Areas determined to be outside 500-year floodplain SURROUNDING LAND USES: SURROUNDING ZONING: NORTH: Vacant RS (Residential Single Family Dwelling) District EAST: Vacant RS souTH: Residential, vacant RS WEST: Residential RS COMPREHENSIVE PLAN: Conservation and Revitalization OTHER PHYSICAL FEATURES: None STREETS: Bob Street - local street with 60'wide right-of- way and 20' pavement width; Raven Street - local street with a 60'wide right-of-way and an 18' pavement width; Virginia Street - major collector with a 45' wide right-of-way and 20' pavement width DRAINAGE: Bob Street - open ditch; Raven Street - curb and gutter; Virginia Street - open ditch WATER: Virginia Street - 12" water line; Raven Street - 3" water line GENERAL INFORMATION/PUBLIC UTILITIES continued SANITARY SEWER Virginia Street - 8" sanitary sewer line; Bob SERVICE: Street - 10" sanitary sewer line FIRE PROTECTION: Fire protection is provided by Station #3, 805 Woodrow. ADEQUACY OF SERVICE: Set -vices are adequate.