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Home My WebLink About1658-ZPDATE: April 21, 2003 TO: Planning Commission and City Council FROM: Stephen C. Richardson, Planning Manager HE SUBJECT: Consider a request for a zone change from RM-H (Residential Multiple Family Dwelling -Highest Density) to RCR (Residential Conservation and Revitalization) District and a specific use permit to allow the expansion of an existing grocery store. FILE: 1658-Z/P STAFF REPORT The Planning Manager recommends approval of this request with a modification to the landscaping/screening requirements along the north and east property lines. John LaRocca, the property owner, is requesting a zone change from RM-H (Residential Multiple Family Dwelling -Highest Density) to RCR (Residential Conservation and Revitalization) District and a specific use permit to allow the expansion of an existing grocery store on the property located at 4700-10 Steelton. Mr. LaRocca owns and operates a small grocery and market at this location. The store has been in existence since World War 11. He also resides in a house adjacent to the grocery. In 1997, a specific use permit was granted to allow a plant nursery on a portion of the property, The nursery is no longer operating. Mr. LaRocca would now like to expand and update the convenience store. This would include enlarging the parking area in front of the store and house. This convenience store is considered a legal non -conforming use. The Zoning Ordinance, however, does not allow for the expansion of a legal non -conforming use unless the expansion is used by a use that is permitted in that zoning category. In order to expand the store, the only option for Mr. LaRocca is to ask for a zone change to a district that would allow a grocery store either by right or with a specific use permit. The question must be asked as to whether this zone change could be considered as spot zoning. In considering a "spot zoning" the following issues must be considered: 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? STAFF REPORT continued The Comprehensive Plan designates this area as a conservation and revitalization area. As such, these areas are experiencing such conditions as dilapidated structures, deteriorating public infrastructure and a decline in population, housing units and businesses, Immediate actions are needed to prevent continued deterioration and to reverse and repair those conditions. This request is in conformance with the Comprehensive Plan. It would allow for the continuation of a viable business that services an underserved community, 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 zoned in a way that is substantially inconsistent with the zoning of the surrounding area, whether more or less restrictive, are likely to be invalid. This business has been serving the community since World War 11. It currently does not negatively impact the neighborhood. The expansion of the building and parking lot would allow the business to better serve its customers and with the expansion, the property will be beautified. 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 property could be used for a residential use. Mr. LaRocca currently lives on the property. However, to totally use the property for residential would require the demolition of a viable business that serves the neighborhood. 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 proposed zone change and specific use permit would allow the continuation of a small business that has continuously served a neighborhood since World War 11. These issues, as outlined, are to be considered by the Planning Commission and City Council before a determination of spot zoning can be made. Exhibits are attached. PUBLIC NOTIFICATION Notices mailed to property owners 19 Responses in Favor —. Responses in Opposition —. LEGAL DESCRIPTION FOR ORDINANCE PURPOSES Being Lots 8 & 9, Block 23, Pinecrest Addition, City of Beaumont, Jefferson County, Texas, containing 0.29 acres, more or less. ZL MR I — 2 (- FiLE 1658-ZIP: Re nest for zone change from RM-H 9 g (Residential Multiple Family NORTH Dwelling - Highest Density) to RCR (Residential Conservation Revitalization) District ` and a specific use permit to allow the expansion of an existing grocery store. Location: 4700-10 Steelton SCALE Applicant: John LaRocca 1"=20034 9-4 ro✓ sr .e.r sar ar sa /as lr r � e0 I D t4 4 I tS a tt r a ti 7 21p to r to W to It al ly are y .t. i 1 tr h it • t1 = r � a owl tl M = q r a it r 13 TYL rso ER 14 ,so t >m t S 14 y • tt O , 4 a Its W Cr , 6 t to t ( w s 0 17 a i N II y It toy IL • r r + E9 tl I + r q • 9 �!e MOW E 4" h h I,°,i`'9 3 t I a S 4 S It r � ' z z r a i N + * 10 11 at 1 ► i a r to a 94 • : a O tt tl y It TAYL to It 160 M + = a r N N i a • ,t 0 a t 4 ? t 5 I , 1-11. L E Li ANALYSIS CONDITIONS FOR APPROVAL OF SPECIFIC USE PERMIT (SECTION 30-26.E, ZONING ORDINANCE,) 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; 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, funies, 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 Nvith adjacent property; and 8. That the proposed use is in accordance with the Comprehensive Plan. Application isin Compliance Application is not in Comments Compliance Attached am ANALYSIS continued This application is in conformance with seven of the eight conditions necessary for approval. Comments on Conditions 1, 4, 7 and 8 follow: I The grocery store has been in operation since World War 11. In 1997, Mr. LaRocca received a specific use permit to allow the operation of a horticultural specialties on the side of and behind the grocery store. One of the greenhouses is to be removed to accommodate the expansion of the parking lot. 4. The Traffic Manager has approved the parking layout. Mr. LaRocca is asking for a modification to the screening/landscaping requirements along the north and east property lines. Much of the property is enclosed with a 6' high chainlink fence. When the specific use permit for the nursery was considered, the neighbor to the north requested that the 6' high chainlink fence remain. 8. This older north end neighborhood contains several abandoned houses and businesses and some vacant lots. The continuation of compatible small businesses in the neighborhood should be encouraged to aid development and stability in this area designated for "Conservation and Revitalization" by the Comprehensive Plan. GENERAL INFORMATION/PUBLIC UTILITIES APPLICANT: PROPERTY OWNER: LOCATION: EXISTING ZONING: PROPERTY SIZE: EXISTING LAND USES: FLOOD HAZARD ZONE: COMPREHENSIVE PLAN: John LaRocca, Jr. Same 4700-47 10 Steelton RM-H (Residential Multiple Family Dwelling - Highest Density) District 0,298 acres, more or less Store, home, greenhouses "X" - Areas determined to be outside 500-year floodplain Conservation and Revitalization GENERAL INFORMATION/PUBLIC UTILITIES continued SURROUNDING LAND USES: NORTH: Residences, vacant commercial building EAST: 20'alley, residences SOUTH: Residences WEST: Residences OTHER PHYSICAL FEATURES: STREETS: WATER: SANITARY SEWER SERVICE FIRE PROTECTION: ADEQUACY OF SERVICE: SURROUNDING ZONING: RM-H(Residential Multiple Family Dwelling -Highest Density) District RM-H RM-H RM-H None Steelton Avenue - collector street with 60'wide right-of-way and 22' pavement width. Tyler Street - local street with 60' wide right-of-way and 20'pavement width. Open ditch drainage Steelton Avenue - 8" water line Tyler Street - 6" water line Alley behind subject property - 6" sanitary sewer line Fire protection is provided by Station #2, Wilson @ Ironton. Services are adequate.