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Home My WebLink About1663-ZPDATE: April 21, 2003 TO: Planning Commission and City Council FROM: Stephen C. Richardson, Planning Manager is SUBJECT: Consider a request for a zone change from RS (Residential Single Family Dwelling) District to Ili-H (Residential Multiple Family Dwelling -Highest Density) District and a specific use permit to allow an acupuncture clinic. F219�. �4' STAFF REPORT The Planning Manager recommends denial of this request. However, if the Planning Commission and City Council vote in favor of this request, they will need to address the waiver of the landscaping/screening requirements to allow phasing of the installation of the landscaping and screening along the west property line. Helen Zhou, the property owner, is requesting this rezoning and specific use permit for her property at 4215 Folsom so that she can operate an acupuncture clinic, Ms. Zhou states that she would continue to live in the house. The acupuncture clinic would occupy about 50% of the structure. The clinic would operate Monday - Friday, 9 a.m. to 4 p.m. She estimates that a maximum of 8-10 customers a day would visit the clinic. The Development Strategies element of the Comprehensive Plan designates this area as "Stable". 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 or poor public infrastructure. This property sits at a very busy comer, To the east of the subject property are commercial uses. Three residential lots to the north are zoned RM-H, Two of those lots (3755 and 3825 W. Lucas) front W. Lucas and side and/or front GC -MD zoning. The third lot (4210 Folsom) fronts on Folsom and is across from GC -MD zoning along W. Lucas. In 1998, a request was denied to rezone that lot to GC -MD. These three lots could be developed with limited commercial uses with a specific use permit. The RM-H zoning remnants along W. Lucas are left over from the original R-2 zoning put in place in 1955. Since then, various properties along W. Lucas have been rezoned to RS, NSC and GC -MD. On the west side of W. Lucas, RS zoning extends from the south side of Folsom to just north of Gladys. STAFF REPORT continued While staff recognizes that the subject property is at a busy intersection and across the street from commercial uses, staff is concerned over the encroachment of commercial uses into a stable single family residential area. And while the argument could be made that due to its location, the property is no longer suitable for residential, the applicant is now living and does intend to continue to live on the property. This request would not be in conformance with the Comprehensive Plan. Exhibits are attached. M I 0i Iff-11% I Notices mailed to property owners 15 -. Responses in Favor . Responses in Opposition Being Lots I and 2, Block 36, Calder Highlands Extension, City of Beaumont, Jefferson County, Texas, containing 0.41 acres, more or less. Dear Sir: My name is Helen Zhou. I am a licensed acupuncturist. I am also the owner of the house addressed 4215 Folsom. This house located exactly at the busy southwest comer of Folsom and W. Lucas. The purpose of my letter is that you could allow me to use this building as an acupuncture clinic. The house will remain intact and we will improve it with. landscaping. There is no vacant property near me. The adequate utilities, access roads, drainage and other necessary supporting facilities are existing. That the design, location and arrangement of all driveways and parking spaces provides for the safe and convenient movement of vehicular and pedestrian traffic will not adversely affecting the general public or adjacent development. It will barely be visible. There will be no fumes, odor, noise, or vibration. There will be sufficient landscaping and screening to insure harmony and compatibility with adjacent property. I also am asking permission to phase in some of the required landscaping as shown, phase R in 6 months, and phase FlLin 12 months. The proposed use will be in accordance with the comprehensive plan. AY t FILE 1663-ZIP: Request for a zone change from RS (Residential Single Family NORTH Dwelling) to RM-H (Residential Multiple Family Dwelling - Highest Density) District and a specific use permit for an acupuncture clinic. Location: 4215 Folsom SCALE Applicant: Helen Zhou 1"-200' Ia c ,• F 77 „ t' , : r ,w , r i „ e , , „ A•. • " , J90 t' • 1lj •« f/ fit! . , t r«t '` ♦?n: „. „ , � r , u , t • r - TT 4 ' Al . t f. t i .r.• .. �`f . � r,i �k � a. nyppp+y,. t'. �: � f � ." ."f.' l • R '' .,,n.. y�' ". •.. ti., , 1 «r ,c, t 1�Jt W*K trd..��,�r•,•.�.',.:.a5�'r,�+�.r i. � .�'CY'• A Wat•it. +. •�. , •'K`. .i•,,. /t i art t �Y ••' 9>A: , • • FOLSOM DR. r t , d !4 `/!. MI J• Id •`P ',L. `i I !• .,4•. iM- •` ..:o` .:. - . t i:r►WA Irk �. 36 I 4r `4A 41 , 44, ARTHUR ST. Ct •I +. ,N? A x fI. ��. K N y fD` ! 4:• I' i 1t' L ec 7 , , `,r' 41 tie' i( t. . t 4 4P 41 ' 4I" -$0 ` I i sr Sr (� r 5 r V .. *. COOLIDGE ST. , t „ , .t ,•i. a � � t i f 42 r+ .• ' ► KN 11tK (94 (5) 67) v�q I 7w elm N -lei L Zu� ANALYSIS CONDITIONS FOR APPROVAL OF SPECIFIC USE PERMIT (SECTION 30-26.E, ZONING ORDINANCE CONDITIONS: I. 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; 2. That the establishment of the specific use will not impede the normal and orderly development and improvement of surrounding vacant property; 3. That adequate utilities, access roads, drainage and other necessary supporting facilities have been or will be provided; 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; 5. That adequate nuisance prevention measures have been or will be taken to prevent or control offensive odor, fumes, dust, noise and vibration; 6. That directional lighting will be provided so as not to disturb or adversely affect neighboring properties; 7. That there are sufficient landscaping and screening to insure harmony and compatibility with adjacent property; and 8. That the proposed use is in accordance with the Comprehensive Plan. Application Application is in is not in Comments Compliance Compliance Attached MM x ANALYSIS continued This application is in conformance with five of the eight conditions necessary for approval. Comments on Conditions 1, 7 and 8 follow: I The proposed zoning and specific use permit request would allow the encroachment of higher density residential and commercial uses into a stable single family residential area. 7. Ms. Zhou is requesting that the landscaping/screening requirements along the west property line be phased in over a 12 month period. 8. The Comprehensive Plan designates this area as "Stable". As such, incompatible land uses are not encouraged. GENERAL INFORMATION/PUBLIC UTILITIES APPLICANT: PROPERTY OWNER: LOCATION: EXISTING ZONING: PROPERTY SIZE: EXISTING LAND USES: FLOOD HAZARD ZONE: SURROUNDING LAND USES: NORTH: Residential EAST: Commercial SOUTH: Residential WEST: Residential COMPREHENSIVE PLAN: Helen Zhou Same 4215 Folsom RS (Residential Single Family Dwelling) District 0.41 acres, more or less Single family residential "N" - Areas determined to be outside 500-year floodplain SURROUNDING ZONING: RM-H (Residential Multiple Family Dwelling -Highest Density) District NSC (Neighborhood Shopping Center) District RS (Residential Single Family Dwelling) District RS Stable Area GENERAL INFORMATION/PUBLIC UTILITIES continued OTHER PHYSICAL FEATURES: None STREETS: Folsom Drive - secondary arterial with a 60' wide right-of-way and 44' pavement width; West Lucas Drive - secondary arterial with a 70'wide right-of-way and 44'pavement width DRAINAGE: Curb and gutter WATER: Folsom - 8" water line W. Lucas - 6" and 20" water lines SANITARY SEWER SERVICE: Folsom - 8" sanitary sewer line W. Lucas - 12" sanitary sewer line In 10' easement behind property - 6" sanitary sewer line FIRE PROTECTION: Fire protection is provided by Station #4, Gladys @ W. Lucas. ADEQUACY OF SERVICE: Services are adequate.