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HomeMy WebLinkAbout1655-ZURI DATE: February 19,2003 TO: Planning Commission and City Council FROM: Stephen C. Richardson, Planning Manager SUBJECT: Consider a request for a zone change from RS (Residential Single Family Dwelling) District to GC -MD (General Commercial -Multiple Family Dwelling) District or more restrictive commercial district, FILE: 1655-Z The Planning Manager recommends denial of this request. Nelle Miers, the property owner and applicant, is requesting a zone change from RS (Residential Single Family Dwelling) District to GC -MD (General Commercial -Multiple Family Dwelling) District or more restrictive commercial district. The property is located at 8155 Highway 105. Ms. Miers states that she bought the property several years ago and demolished a dilapidated house on the property. She would now like to develop the property as a plant nursery. Ms. Miers justifies her zone change request upon the fact that there are already several businesses located along Highway 105. She notes businesses at 7595 Highway 105 (Southern Star Gymnastics), 7795 Highway 105 (Honey's Cabinets), 7815 Highway 105 (Hi -Tower Kennels), 7985 Highway 105 (Dr. McKinley) and 8200 Highway 105 (Cathedral in the Pines School). In November, 2002, the City Council approved a specific use permit to allow a beauty shop immediately west of Dr. McKinley's office. The subject property is 600' west of the proposed beauty shop. Southern Star Gymnastics is located in an RM-H District. Honey's Cabinets and Hi -Tower Kennels are located in an RS District but are, to the best of staff's knowledge, grandfathered uses. This zone change could be considered as spot zoning. In considering a "spot zoning" the following issues must be considered: 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? STAFF REPORT continued 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 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. All of the property surrounding the subject property is zoned RS. Residential uses are located on three sides 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 was previously used for single family. There is nothing about the lot that would prohibit it from being used as single family again. 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. Exhibits are attached. PUBLIC NOTIFICATION Notices mailed to property owners I I Responses in Favor . Responses in Opposition _. Being Lot 39, Neches Terrace Addition, City of Beaumont, Jefferson County, Texas, containing 0,439 acres, more or less. - - - - - ---------------- - ------ - ----- - January 24, 2003 Mr, Stephen C. Richardson, AICP City of Beaumont Planning and Zoning Department 801 Main Street, Room 205 Beaumont, Tx. 77704 Reference: 8155 Highway 105, Beaumont Lot 39 — Neches Terrace Gentlemen: Attached is an Application for "Amendment of the Zoning Ordinance" and the application fee of $200.00. I own this property and want to develop it into a plant nursery. It is currently zoned R-S, and I am requesting that it be rezoned to GC -MD (General Commercial Multiple Family Dwelling.) There are currently several businesses in that vicinity. They are listed below by address, 7595 Highway 105 Southern Star Gymnastics 7795 Highway 105 Honey's Cabinets 7815 Highway 105 Hi -Tower Kennels and Vet Services 7985 Highway 105 Dr. McKinley, Dentist 8155 Highway 105 My Vacant Lot 8200 Highway 105 Cathedral in the Pines School Several of these businesses are new buildings that have been constructed in the recent past and not old houses that were converted into a business, When I purchased this lot several years ago there was a condemned house on the property that I had demolished. This vacant lot has been cleared and kept up and the taxes are currently paid up to date. I would like to appear before the Zoning Commission on February 19, 2003. If you have any questions regarding this application please advise. Sincerely, Nelle Miers (Owner) 5570 Scenic Beaumont, Tx. 77706 (409) 898-8359 CONDITIOINS FOR ZONING CHANGE 1. Use of the property is consistence with the use designated for the businesses in that area. The type of business for the existing lot will not diminish or impair property values within the vicinity. Planned development will increase values. 2. The establishment of the zoning change will not impede normal and orderly development but will enhance the surrounding property development. 3. All utilities have been on the existing lot in the past. Access to Highway 105 is already in place. Adequate drainage is already in place for that lot, 4. The development of a nursery facility will not provide odors, fumes, dust, noise or vibrations. 5. No directional lighting will be used and will not affect the neighboring properties. 6. Sufficient landscaping and proper screening between this lot and multi -family uses will be installed. Landscaping shall be consistent with City of Beaumont Codes. Z5,4. FILE 1655-Z: Request for zone change from RS (Residential Single Family Dwelling) NORTH —'-t0--GC-MD-(Genera1 Commercial - Multiple Family Dwelling) District or, a more — restrictive commercial district. Location: 8155 Highway 105 SCALE Applicant: Edna Nelle Miers 1 11=200' ,v wA r 105 40 I W HIGHWAY 105 B E T 7P 44 4S 40 41 40 in U0 1(21 120 ip/ i WJ4 tR 205 2 6 7,7 GENERAL INFORMATION/PUBLIC UTILITIES APPLICANT: Nelle Miers PROPERTY OWNER: Same LOCATION: 8155 Highway 105 EXISTING ZONING: RS (Residential Single Family Dwelling) District PROPERTY SIZE: EXISTING LAND USES: FLOOD HAZARD ZONE: SURROUNDING LAND USES: NORTH: Cathedral High School EAST: Residential SOUTH: Residential WEST: Residential COMPREHENSIVE PLAN: OTHER PHYSICAL FEATURES: STREETS: DRAINAGE: WATER: SANITARY SEWER SERVICE: FIRE PROTECTION: A*EQ*AC OF SERVICE - 0.439 acres, more or less Vacant "X" - Areas determined to be outside 500-year floodplain SURROUNDING ZONING: RS (Residential Single Family Dwelling) District RS RS RS Neighborhood Growth Unit None Highway 105 - Major Arterial Highway 105 - Curb and gutter Highway 105 - 8" water line Highway 105 - 10" sanitary sewer line Fire protection is provided by Station #8, 6287 Highway 105. Services are adequate.