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HomeMy WebLinkAbout1660-ZPDATE: March 17,2003 TO: Planning Commission and City Council FROM: Stephen C. Richardson, Planning Manager UK, SUBJECT: Consider a request for a zone change from RS (Residential Single Family Dwelling) District to GC-MD-2 (General Commercial -Multiple Family Dwelling-2) District and a specific use permit to allow a fence contractor. FILE: 1660-Z/P STAFF REPORT The Planning Manager recommends denial of the zone change and specific use permit. Dave Johnson, the property owner and applicant, is requesting a zone change from RS (Residential Single Family Dwelling) District to GC-MD-2 (General Commercial -Multiple Family Dwelling-2) District and a specific use permit to allow a fence contractor. The property is located at 8105 Highway 105, Mr. Johnson was cited, after a citizen complaint, in January, 2003 for having a business owner identification sign in an RS District. Once contacted, Mr. Johnson stated that the sign was erected in March, 1993. He writes that the reason for this zone change and specific use permit request is for the sole purpose of displaying his sign at the front of his property. Mr. Johnson says that the only business activity that is conducted from his residence is speaking with customers on the telephone. This zone change could be considered spot zoning. In considering "spot zoning", the following issues must be considered: I 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 Comprehensive Plan designates this area as a "Neighborhood Growth Unit". As such, single family areas are to be protected from incompatible land uses. 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. STAFF REPORT continued All of the property surrounding the subject property is zoned RS. Residential uses are located east, west and south of the subject property. 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 lot is presently used as a single family residence. The applicant states that the sole reason for this request is to keep his sign that advertises his business. 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. This issue does not apply to this zone change. These issues, as outlined, are to be considered by the Planning Commission and City Council before a determination of spot zoning can be made. On March 4, 2003, the City Council denied a zone change request to GC -MD on property 100' to the west of the subject property. Exhibits are attached, Notices mailed to property owners 19 Responses in Favor . Responses in Opposition LEGAL DESCRIPTION FOR ORDINANCE PURPOSES Being Lot 37, Neches Terrace Subdivision, City of Beaumont, Jefferson County, Texas, containing 0.728 acres, more or less. Planning Commission and City Council Attached is an application for amendment of the zoning ordinance from R-S to GC-MDII, and the application fee of $350. The property is located at 8105 Hwy 105 Beaumont, Texas 77713. This is my residence and my home. I submit this request solely to continue to display my business sign at the front of my property. This sign has already been in place since March 1993. This sign will be the only visible indication of my business. The only activity related to my business, that is conducted from my residence, is speaking with a customer on the telephone. There are currently several other businesses in the immediate vicinity. They are as follows: 7595 Hwy 105 Southern Star Gymnastics 7795 Hwy 105 Honey's Cabinets 7815 Hwy 105 Hi -Tower Kennels and Vet Services 7985 Hwy 105 Dr. Barnette (Dentist) 8200 Hwy 105 Cathedral High School Very recently, a beauty shop, located approximately 500 ft. west of my residence, was granted a Specific Use Permit, in November of 2002. My future plans do -not include any additional structures, changes to existing structures, or landscape changes at my residence. No additions or changes are planned regarding utilities, access roads, drainage, or lighting. My sign has been and will be maintained in both structure and appearance, so as not to diminish or impair property values. There will be no offensive odors, fumes , dust , noise, or vibration. I have lived at this residence for 12 years. My neighbors adjacent to me on both sides are the same neighbors I have had for these past 12 years. They can attest that I have kept my home well maintained structurally, and my yard and grounds landscaped and well groomed. I pray for your approval of my request , so that I may sustain my business as it currently exists and protect my future financial livelihood. My intent is to at all times remain in compliance with all city codes and keep my property environmentally pleasing to my neighbors and the community . Thank you in advance for your consideration of my request. Respectfully Submitted, David M. Johnson .2, - �> -, 1,,;;> C4 A-k- 5J, 41-1 Cm�c��Qc, s�-� , 40 FILE 1660-Z/P: Request for zone change from RS (Residential Single Family NORTH Dwelling) to GC-MD-2 (General Commercial - Multiple Family Dwelling-2) District and an specific use permit to allow a fence contractor. Location: 8105 Highway 105 SCALE Applicant: David M. Johnson 1 11=2001 i 4" RD --M- 47 44 7-M--Y-Mo - - --------- - S QIMJ EC 4$ 42 4! 40 TOLIVAR RD. /00 50 SC N 2 5 JO UJ T29 i A i C. I`lIIjHWA I -1 1 6.s u OTr- FWA LA COKHETE WALA , oft cowActc r6owwiaw- dz c 'VERID COW 64 BOAAD ?0 PDKff rLwcc 0,727 ACRE OD FENCE '--N 89* 48' 43" W p TOLIVAR ROAD 0 DANIEL EASLEY SURVEY ABSTRACT No. 20 NECHES TERRACE SUBDIVISION JEFFERSON COUNTY, TEXAS ,NO COW 4/.' 1 R (00 FAAHOR N 09* 48' 43" W 35i4,30 SURVEYORS CER,riFICATE A PLAT OF A 0.727 ACRE TRACT OF LAND OUT OF AND A PART OF THE NECHES TERRACE SUBDIVISION IN T14E DANIEL EASLEY SURVEY, ABSTRACT No, 20 IN JEFFERSON COUNTY, TEXAS, SAME ALSO BEING THE TRACT OF LAND CONVEYED TO JOHN PATRICK DOUGHER IN DEED RECORDED IN FILM FILE CODE No, 102-21-1092 OF THE REAL PROPERTY RECORDS OF JEFFERSON COUNTY, TEXAS, SHOWING ALL IMPROVEMENTS LOCATED THEREON AND HAVING NO VISIBLE ENCROACHMENTS AT THE TIME THIS TRACT WAS SURVEYED UNDER MY DIRECTION AND SUPERVISION. THIS TRACT WAS SURVEYED JANUARY 16, 1995. AMES A. SKINNER N45"' R. P. L. S. No. 1614 JAMES A. SK11111NER PURCHASER: DAVID M. JOHNSON 1614 8105 HIGHWAY 105 '-k BEAUMONTTEXAS TTT13 u Vk GFo 95072966 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 inipede 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; S. That adequate nuisance prevention measures have been or will be taken to prevent or control offensive odor, fumes, dust, noise and vibration; G. 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 harniony 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 x ANALYSIS continued This application is in conformance with four of the eight conditions necessary for approval. Comments on Conditions 1, 7 and 8 follow: I A commercial use could have a detrimental effect on adjacent residential properties. Staff considers the request spot zoning. 7. An 8' tall opaque screening fence and a 10' wide landscape buffer are required along the cast and west sides of the property. A 6' tall wood screening fence runs along a portion of the west property line. The rest of the rear of the property is surrounded by a 4' tall chain link fence. The applicant is requesting a modification to the landscaping/screening requirements along the east and west sides of the property. 8. The Comprehensive Plan designates this area as a "Neighborhood Growth Unit", As such, single family areas are to be protected from incompatible land uses. GENERAL INFORMATION/PUBLIC UTILITIES APPLICANT: PROPERTY OWNER: LOCATION: EXISTING ZONING: PROPERTY SIZE: EXISTING LAND USES: FLOOD HAZARD ZONE: SURROUNDING LAND USES: NORTH: Cathedral High School EAST: Residential SOUTH: Residential WEST: Residential David Johnson Same 8105 Highway 105 RS (Residential Single Family Dwelling) District 0.728 acres, more or less Residential "X" - Areas determined to be outside 500-year floodplain SURROUNDING ZONING: RS (Residential Single Family Dwelling) District RS RS RS COMPREHENSIVE PLAN: Neighborhood Growth Unit GENERAL INFORMATION/PUBLIC UTILITIES continued OTHER PHYSICAL An illegal owner -identification commercial FEATURES: sign is on the property. STREETS: Highway 105 - major arterial; Tolivar Road - major collector with 60' right-of-way and 16' pavement width. DRAINAGE: Highway 105 - Curb and gutter; Tolivar Road - open ditch WATER: Highway 105 - 8" water line Tolivar Road - 6" SANITARY SEWER SERVICE: Highway 105 - 10" sanitary sewer line Tolivar Road - 8" sanitary sewer line FIRE PROTECTION: Fire protection is provided by Station #8, 6287 Highway 105. ADEQUACY OF SERVICE: Services are adequate.