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HomeMy WebLinkAbout1639-ZPWE DATE: October 21, 2002 TO: Planning Commission and City Council FROM: Stephen C. Richardson, Planning Manager SUBJECT: Consider a request for a zone change from RCR (Residential Conservation and Revitalization) to GC-MD-2 (General Commercial -Multiple Family Dwelling-2) District and a specific use permit to allow a retail store. FILE: 1639-Z/11 STAFF REPORT The Planning Manager recommends approval of this request subject to the applicant providing the appropriate landscaping to meet city requirements and installing an approved stormwater collection system, Lion Construction is requesting a zone change and specific use permit to allow the construction of a new 8,000 square foot Family Dollar store at 4825 Highland Avenue, The property is the former location of Vision Alive Christian Ministries Church. This church burned down several years ago. The property is currently zoned RCR. While RCR allows retail uses, it limits building size to 4,000 square feet. This size restriction would be impractical for the type of store that Family Dollar builds. When Lion Construction initially made application for a specific use permit to locate a store on the subject property, they were told that the building exceeded the size allowed by the zoning district. They considered the possibility of a smaller building but deemed it unfeasible. At that time, they withdrew their application. Since then, they discussed with staff the possibility of rezoning to GC-MD-2 and a specific use permit to allow an 8,000 sq. ft. Family Dollar store. This rezoning could be considered spot zoning. The property to the north, south and west is zoned RCR. The property to the east is zoned RCR and RS (Residential Single Family Dwelling) District, 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. STAFF REPORT continued The Comprehensive Plan designates this area "Conservation and Revitalization". As such, the Plan recognizes that there is an immediate need to prevent further deterioration of the neighborhood. The South Park Neighborhood Plan identifies this part of Highland Avenue as "Mixed Use Residential/Commercial". This designation suggests limited commercial development developed under RCR zoning district regulations, i.e. not exceeding 4,000 square feet. This area has not seen any commercial development in many years. While the neighborhood plan suggests limiting building size to 4,000 sq. ft., the factors must be weighed against each other as to whether this development will be detrimental to the surrounding area or whether this development will serve substantial public purpose. The Planning Manager believes that the proposed use will not be detrimental to the surrounding area and will serve a strong public need as a viable retail establishment in the South Park area, This business will serve the South Park and Charlton -Pollard neighborhoods. 2) Will the change adversely impact the surrounding properties? Again, the Planning Manager does not feel that the proposed change will adversely impact the surrounding properties. There are other commercial properties in the immediate area, some vacant and dilapidated. The subject property does not encompass all of Tract A, The eastern edge of the subject property is approximately 40' from the west property line of the nearest residential property. There is a 45' wide power line easement that separates the RCR and RS properties, Access to the property will be off of Highland Avenue. Any change in use, if there is an increase in intensity as defined by the Zoning Ordinance, would require another specific use permit. 3) Is the tract of land suitable or unsuitable for use as presently zoned? As presently zoned, retail uses would be allowed with a specific use permit. However, any building would be limited to 4,000 sq. ft. in area. GC-MD-2 zoning is the most restrictive zoning district that would require a specific use permit for the proposed use and allow a building larger than 4,000 square feet. 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 retail store will provide a safe, clean environment to meet the shopping needs of the residents living in the surrounding neighborhoods. In addition, it will hopefully be the beginning ofmore commercial uses along Highland Avenue which has historically been one of the commercial arteries of the South Park neighborhood. Exhibits are attached. PUBLIC NOTIFICATION Notices mailed to property owners 27 Responses in Favor . Responses in Opposition LEGAL DESCRIPTION FOR ORDINANCE PURPOSES Being 0.9043 acre of land out of and a part of Block 3, Garland Addition, City of Beaumont, as recorded in Volume 5, Page 54, Map Records Jefferson County, Texas, said 0.9043 acre tract also being a part of a tract of land conveyed to Vision Alive Christian Ministry as recorded in Clerks File No. 9432137 Official Public Records of Real Property, Jefferson County, Texas, said 0.9043 acre tract being more fully described by metes and bounds as follows to wit; COMMENCING at a found concrete monument with brass disc for the intersection of the South right-of-way line of a dedicated road named Garland Avenue with the Southeasterly right-of-way line of the Entergy/Gulf States Utilities Company right-of-way, said concrete monument with brass disc being the Northeast corner of said Block 3, Garland Addition; THENCE Reference line = West on the South right-of-way line of said Garland Avenue, the North line of said Block 3, Garland Addition, a distance of 28.55'to a Y? steel rod set, capped and marked "FAUST" for the POINT OF BEGINNING and being the most Northerly Northeast comer of the herein described tract; THENCE South 00 deg., 06 min., 55 see., East a distance of 104.18' to a Y? steel rod set, capped and marked "FAUST" for corner; THENCE South 89 deg., 54 min., 09 sec., East a distance of 90.00'to a V? steel rod set, capped and marked "FAUST" for the most Easterly Northeast corner of the herein described tract; THENCE South 00 deg., 05 min., 51 sec., West a distance of 146.00' to a Y? steel rod set, capped and marked "FAUST" on the North right-of-way line of a dedicated road named Iowa Avenue, same being the South line of said Block 3, Garland Addition, said Y? steel rod being the Southeast comer of the herein described tract; THENCE North 89 deg., 54 min. 09 see., West (Called West) on the North right-of-way line of said Iowa Avenue the South line of said Block 3, Garland Addition a distance of 195,00' to a Y? steel rod set, capped and marked "FAUST" on the East right-of-way line of a dedicated road named Highland Avenue, said Y? steel rod being the Southwest comer of said Block 3, Garland Addition, the Southwest corner of saidVisionAlive Christian Ministry tract, and being the Southwest corner of the herein described tract; LEGAL DESCRIPTION continued THENCE North 00 deg., 00 min., 32 sec., East (Called North) on the East right-of-way line of said Highland Avenue, same being the West line of said Block 3, Garland Addition, same being the West line of said Vision Alive Christian Ministry tract, a distance of 250.00'to a 5/8" steel rod found on the South right-of-way line of said Garland Avenue, said 5/8" steel rod being the Northwest corner of said Block 3, Garland Addition, the Northwest corner of said Vision Alive Christian Ministry tract, and being the Northwest corner of the herein described tract; THENCE East of the South right-of-way line of said Garland Avenue, same being the North line of said Block 3, Garland Addition a distance of 105.00'to the POINT OF BEGINNING and containing 0,9043 acre of land more or less. Thursday, October 17, 2002 Mr. Steve Richardson The City of Beaumont Director, Planning & Zoning Planning Division, Room 205 City Hall, 801 Main St. PO Box 3827 Beaumont, TX 77704 Re: Application for Zoning Change with Specific Use Permit Lion Construction, Inc., for Family Dollar Stores, Inc. (Assignee) 4825 Highland Ave., Beaumont, TX Dear Mr. Richardson: Greetings. The following is in regard to the attached packet per Application for Specific Use Permit by Lion Construction Inc., for Family Dollar Stores, Inc. (Assignee), of 116 Oak Knoll Circle, Boerne, TX, 78006, for approximately 39,391.31 sf, (0.9043 acre) at 4825 Highland Ave., Beaumont, TX. The proposed use is that of a retail store to be constructed on the site formerly owned by Vision Alive Christian Ministries, Inc., now located at 4230 Highland Ave (PO Box 6213), Beaumont, TX, Pastors H. Clay and Dana Williams, Legal address of site is GARLAND BLK 3 TR A, Deed Index 00009432137. Please know that all eight of The City of Beaumont Zoning Ordinance Conditions per Section 30-26.E of approved Zoning Ordinance Manuel have not only been met, but exceeded by the Applicant. They are as follows: 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. • The construction of this attractive and modem facility is fully compatible with all existing surrounding (commercial) properties in this area. It will easily serve to increase all property values, both commercial and residential, along this part of Highland Avenue. • It is non injurious, but rather beneficial, to both the use and enjoyment of all other properties in the area by providing a safe, clean, well -lit and professionally -staffed consumer goods outlet, whose mission is to provide household and personal necessities to neighborhood markets. The hours of operation of this store are also compatible with common living arrangements, opening late enough and closing early enough not to disturb the quiet enjoyment • All property values, inclusive of raw land and existing improved properties, will be enhanced by this establishment • It will also provide a necessary and convenient retail outlet to the Lamar University campus, and most specifically, dormitory students, in an area where similar retailers are lacking. 2. That the establishment of the specific use will not impede the normal and orderly development and improvement of surrounding vacant property. • The establishment of this specific use will not impede, but rather enhance the normal and orderly development and improvement of surrounding vacant properties. By nature, this development will bring fresh and timely development to the South Park area, whose benefits will include the purchase and construction of new and complimentary retailers. 3. That adequate utility, access roads, drainage and other necessary supporting facilities have been or will be provided. • All necessary and common utilities are presently to this site, inclusive of electricity, water, sewage, gas, telephone and cable. City Public Transportation is also available to the site. • The site is complimented by safe and easy access on three sides; Highland Avenue, Iowa Avenue and Garland Avenue. • Site drainage is the same as previously employed by Vision Alive Church, and all other former occupants. As no storm outlet exists at the property, any excess will be via the drive at Highland to the nearest storm outlet. Adequate drainage is per historic and approved Beaumont City Engineering plan. 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 development. • The design, location and arrangement of all driveways and parking spaces, including required handicapped spaces, is safe, convenient and in accordance with requirements by The City of Beaumont Building Codes, inclusive of access by two 30' easements on Highland Avenue. o Site will provide for 41 total Parking Spaces, 39 of which are standard vehicular spaces and ADA Required 2 HC Van Accessible sized spaces and ramps at the main entrance. • Site will not in any wise adversely affect vehicular and pedestrian traffic for either the general public or adjacent development. 5. That adequate nuisance prevention measures have been or will be taken to prevent or control offensive odor, fumes, dust, noise and vibration. • Site provides for City required 8' privacy fencing to be constructed along the appropriate portions of the property to provide a buffer between the store and adjoining properties, • No offensive odors or fumes are expected to be emitted from the site. • Adequate trash removal systems are placed in rear of property in closed dumpster units, also screened by fencing and landscaping. 6. That directional lighting will be provided so as not to disturb or adversely affect neighboring properties. • The directional fighting is designed to offer security and safety while staying within the site perimeter. No lighting is directed at adjacent properties. 7. That there are sufficient landscaping and screening to insure harmony and compatibility with adjacent property. Site plan provides for more than sufficient landscaping, trees and shrubbery to provide screening and aesthetic quality. The plan coincides with the current atmosphere of the neighboring properties. 8. That the proposed use is in accordance with the comprehensive plan. • The plan for the proposed Family Dollar outlet is in accordance with the ongoing commercial and retail climate of the area, established by The City of Beaumont. Furthermore, its very nature is to provide affordable and convenient household and necessity items in a neighborhood environment. • It is also believed that this outlet will encourage further positive development of the Highland and South Park area, per the City's plan. Thank you for the opportunity to present this letter on behalf of Lion Construction, Inc. and Family Dollar Stores. Please feel free to contact me if you have any questions or need further X information regarding this matter. Your time and consideration are appreciated. Sincerely, Foxworth Real Estate Company, Ltd. Austin Brown Commercial Investments 2580 N. Eleventh St. Beaumont, TX 77703 (409) 892-7245 (409) 898-4108 - fax austin@foxworthrealty.com www.foxworthreatty.com 0 I in 0 NE g 0& k9, M7 Uhk -�4 r "oo # F—ELF, 1639-Z/P: Request for a zone change from RCR (Residential Conservation NORTH Revitalization) to GC-MD-2 (General Commercial - Multiple Family Dwelling - 2) or a more restrictive district and a specific use permit to allow a retail store (Family Dollar) Location: 4825 Highland Ave. SCALE Applicant: Lion Construction, Inc. 111=2001 " , MW a — " . - - — - - 4 ti W 5 ,R,1 -dr .-- $A- ri. % M A 13 ENV j4l tF IQ A V4, 50 GARLAND AVE. I N !% IOWA AVE. 175- 11,51 0.00 A11-5. X 75' GILES ST. r.07, 0 MOON& 4 TK J5 (21 te 4 U r 14 AVE -M V L 60 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; S. 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 x x mm x ANALYSIS continued This application is in compliance with six of the eight conditions necessary for approval. Comments on Conditions 4, 7 and 8 follow: 4) All access to the subject property will be off of Highland Avenue. 7) Landscaping must rnect landscaping requirements. A 6' wide landscape strip will be required along Garland Avenue, Iowa Street and Highland Avenue. These landscape strips must be planted with trees and shrubs. 8) The Comprehensive Plan designates this area for conservation and revitalization. The South Park Neighborhood Plan designates this area for mixed use residential and commercial with a limitation of 4,000 sq. ft. on building size, GENERAL INFORMATION/PUBLIC UTILITIES APPLICANT: PROPERTY OWNER: LOCATION: LEGAL DESCRIPTION: EXISTING ZONING: PROPERTY SIZE: EXISTING LAND USES: FLOOD HAZARD ZONE: SURROUNDING LAND USES: NOWM: Power line right-of-way and residential EAST: Residential SOUTH: Residential WEST: Residential and commercial COMPREHENSIVE PLAN: Lion Construction, Inc. Family Dollar Stores, Inc. (Assignee) 4825 Highland Avenue Tract A, Block 3, Garland Addition RCR (Residential Revitalization) 0.904 acres, more or less Vacant Conservation and "X" - Areas determined to be outside 500-year floodplain SURROUNDING ZONING: RCR(Residential Conservation and Revitalization) District and RS (Residential Single Family Dwelling) District RS RCR K" Conservation and Revitalization GENERAL INFORMATION/PUBLIC UTILITIES continued OTHER PHYSICAL FEATURES: An approximately 45'wide power line right-of- way separates the subject property from properties to the east. STREETS: Highland Avenue - 60'wide secondary arterial with a 36' pavement width; Garland Avenue - 5 5'wide local street with a I 8'pavement width; Iowa Street - 40' wide local street with a 20' pavement width. WATER: SANITARY SEWER SERVICE: FIRE PROTECTION: Highland Ave. - Curb and gutter; Garland Ave. and Iowa St. - open ditch Highland Ave. - 8" water line; Garland Ave. - 6" water line; Iowa St, - 12" water line, 6" sanitary sewer line at rear of property Fire protection is provided by Station #3, 805 Woodrow. Services are adequate.