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HomeMy WebLinkAbout1418-ZPDATE: July 20,,1998 TO: Planning Commission and City Council FROM: Stephen C. Richardson, Planning Director SUBJECT: Request for a zone change from RM-H (Residential Multiple Family Dwelling -Highest Density) to GC -MD (General Commercial -Multiple Family Dwelling) District or a more restrictive zoning district and a request for a specific use permit to allow a dog grooming business at 3580 Blackmon Lane. MILE: 1418-Z/P STAFF REPORT Barbara Cardwell lives in a residence at 3580 Blackmon Lane. The property is zoned RM-H. She wishes to groom dogs within a detached garage. She states she will groom from five to eight dogs per day from 8 a.m. to 5 p.m., Tuesday through Saturday. Dog grooming is not permitted in an RM-H District. Grooming is classified as an animal specialty service (SIC 0752). The only zoning districts which allow dog grooming as a permitted use are the A-R, C-M, LI and HI Districts, Grooming is allowed in an NC, GC- MD-2 or a GC -MD District with a specific use permit granted by City Council, The specific use permit application fails to comply with Conditions 1, 7 and 8. If it is the desire of the Planning Commission and City Council to rezone this property and grant the specific use permit as submitted, the GC-MD-2 District might be more appropriate. In addition, a modification to the land scaping/screening requirements would need to be approved. Exhibits are attached. PUBLIC NOTIFICATION Notices mailed to property owners 10 Responses in Favor . Responses in Opposition LEGAL DESCRIPTION FOR ORDINANCE PURPOSES Being the west 1/3 of the east 3/5 of Lot 3, Block 1, French Subdivision, Volume 3, Page 227-228, Jefferson County Map Records, said tract also known as Tax Tract C, Lot 3, Block 1, French Subdivision, containing one acre ofland, more or less, Barbara Cardwell 3580 Blackmon Lane Beaumont, Texas 77703 June 25, 1998 Planning Division, Room 210 City Ball, 801 Main Street Beaumont,"I'X 77701 P. O. Box 3827 Beaumont, TX 77704 Attention: Mr. Murray Duren Re: Specific Use Permit Dear Murray: I It (Y CITY OF PLANNING 1' RE C LL '6 " JINN 2 6 Dog grooming, the specific use of the above -named property, will meet the eight conditions required by the zoning ordinance for a specific use permit: Specific use will be compatible with and not injurious to the use and enjoyment of other property, nor will it significantly diminish or impair property values within the immediate vicinity, Establishment of the specific use will not impede the normal and orderly development and improvement of surrounding vacant property. Adequate utilities, access roads, drainage and other necessary supporting facilities have been provided, The design, location and arrangement of all driveways and parking spaces provides for the safe and convenient movement of veWcular and pedestrian traffic without adversely affecting thegeneral public or adjacent development. Adequate nuisance prevention measures have been taken to prevent or control offensive odor, fumes, dust, noise and vibration. Directional lighting will be provided so as not to disturb or adversely affect neighboring properties. There are sufficient landscaping and screening to insure harmony and compatibility with adjacent property. The proposed use is in accordance with the comprehensive plan. Although we are aware that dog grooming falls under a Kennel designation, this will not be operated as a commercial kennel, Knnels will be used only by the day for dogs that have appointments scheduled on that day. Enclosed is a completed Specific Use Permit Application, Thank you for your consideration, Sincerely, Barbara Cardwell enclosure Barbara Cardwell 3580 Blackmon Lane Beaumont, Texas 77703 Home Phone (409) 751-4053 June 30, 1998 Planning Division, Room 210 City Hall, 801 Main Street Beaumont, TX 77701 P.O. Box 3827 Beaumont, TX 77704 Attention: Mr. Murray Duren Re: Addendum to letter of 25, 1998 requesting specific use permit Dear Murray: /If I would like to add a more personal note to the letter I wrote June 25 regarding my dog-groorning business. It is my intention to be a good neighbor and to do nothing to annoy other residents. I will not damage the property and will keep it neat and clean. Dog grooming will be done in my garage only between the hours of 8:00 a,m. and 5:00 p.m. Tuesday through Saturday. An average of 5 to 8 dogs per day will be groomed; the dogs are only here while they are being groomed and do not remain overnight. Thank you. Sincerely, Barbara Cardwell PILE 1418-ZIP: Request for a. Zone Change from RM-H to GC -MD and a Specific Use NORTH Permit to allow dog grooming.. Location: 3580 Blackmon Applicant: Barbara Cardwell SCALE 1 —200, I i D G MD F AUTO SALES N CHURCH d L ACKMON LAW CITY PARK f 7 316 VELAWAAE sr • CHURCH SUBJECT " C-M CAR LOT Pn r .4 BLACKMON LANE t Y�i k �• z F c h }. V�( IG"'E� r C t '^.w.a 7 t $4 . . . . . . . . . . . . ILI *1 + i r m .. dJ;♦ r' d Z q * ! ti n ..' 60 lCt di 64 rL DELAWARE STREET r - pitw" SURVEY LEGEND ' ZL�7 l4 1, _ Lp Cnmria- 7: .Sutm4CF [] AIRCON'DITYOxYWG UNIT A. r. - _ —. - VOOD FENCE —P"1:--1"/.�.. PYPF.l.FNF.• ' : ,./� Co11-7113) ANF'A • POWER MLF:' - pr P --/'/— CfF.dlN LINT FF,'M�(.'E T_.-_. 71'IXI'lloN' I.FvjI �%'. j nOCF nil CR.r WFII. �.� ;;T1l,lfA'Td.lC1NT _-----.Y-- N.INNFF! WIRE iBNCF CLIFFNT �iliL�lrlll._:% _fii�ld)I}7.'1of. Gr1l `!i'11M1LL4�__L1kj_ r k- y S firw 4l ! FAST— 100.47' ",,, FF'IICE F'nnTYNn �`•- F";ENCF FnnrINC N F'till conw-11 FUR rOl?NF:R b M ip.Y i CARAL'h' all oµ. CONE. S/.Ali _—.✓1.__.�lJ---✓s '.. r' f r1rORY A N. F CONC,. !Y%0.'1 x Men Yf, nLOCFS Cb OxCONC,.I.n( S 0.9899 aclre5-y „_r�P( .,� 44 l,•, a ai k l c ko SCAix:I -I Do' "-' N ArFTAY, ri 1c)r' d / HILTON WILKINSON tN.ANOW Ole PoRmrsRLY vol,651, pgF 16 ,A.C.:.Ii. f)A'TAJb 'A —A' � �i not to .seat(! i N014' OR F'ORA1F.IlI,Y V SAW IJAWIL 'A —A' MINNIE F. 1111CC lB.64 vat.1916, pg.344 40.LI.dt. , I _ y WIS'ST — 100.77' F'—L —E pp�^�^.-.-- SM CORNFR OF .1!`,E.ST IO®.�i4 P.P'.— FOUND 112' Ears, YILOCX I ---A Fnimn 112' IRON ROD IRONY PIPE.. POINT OF fIV(dNNINC 3580 BLACKMO LANE I)E:SCRIPTION "A, S'E'RWIi'S_._Lllliil"L'`_%'tLIINNL115`..,.14N(l_$110t} tAd1'n(I{l/;�1F'N7`.S SUR1"E•YOW S L°I;'PtTIFICATION TO 171E' AVl)f'()I: 'I'III: d)1G,VI-.'J,.ti' nI° '1'PII: PI?RAfl.tia:Y .SUR4Yi}ED AND 7'0 STEWART 7777.W CUALANVY COMPANY '7'hri rendnrsigncrf rfrirs hr�rehip rrrlify Ilrn1 Mksiei-ninrp inns this Anil It) 24 ti✓"' rixade fin the ground of the p:r-np,erty IP9,111p1 (lescribr•nI hr�7-e.:na. ernrl is r.ni-(net, and Iirat Ilier-e fire alp discrepeanries, conflicts, shortages of area, linundnrrj li7ic ennfUrls, eieN:rorrchmenls, n)rrinprpiirrg of inip mvemnnis, nmwmanis or right of pray, �arcepil as shown hereon end that snid pir�operrlrp has orress to mid from a dodicaled rnaduray. The ribonn Irnct Icing loritkd nl _1 1pO 111.ACK ffh' hA_11A n_E A10NT ?'FXAS 77706 rrnd being dnsrrilird as _.1111. 11. I A,7_fY1 T11/�Iz. ,i' S OF LOT IN BLOCK 1 0/' FRrwcI1 St DDIVION m rernrded in t'orit)nr .;t_ _ linlpr "'� -%Winf the Afr11a Ilernrels of JJ�"b'I%'ElxS'ON (,•ntinRpl, Texas. In aocprdanre inalh Ilse Need Iresurrnce. Rnic Ahipi of Me. I'erleral knte.rrpenry Alnringemenl Agency, anapr reference shoaOr4 the subject tract lies in the flnnd pane nolcd. I.nr.°nlin)i nil timpi was determined by scale. Actual field elevation nol determined, renic!:s rrrpuestcd. F;41I 7°' E rf)r"nrrerieirp nrid Steroreliin,g, r.„doo of 7anrrani n s tribe to the accuracy or scale of said innp. N RICHARD r FAUST REGISTERED PROFESSIONAL LAND SURVEYOR NO, 4782 fl7 Cu-n-vus Tract: !"immitaaea171 !"fires'l N(J 411! f r% d)w(ri It ti(uv.l Dole l ft)1111I4. Pinld Hook No. NNGROAClI1, ENT NOTES: EZr I,I'-IGIN MT11R1NG AND SURVEYING, INC. h'rr..sl.vx Fruaway,. Site "C' 11-1-Inns, Tilxas 77706 F"na (409) 1192- (0617 ANALYSIS CONDITIONS FOR APPROVAL OF SPECIFIC USE PERMIT (SECTION 30-26.E, ZONING ORDINANC Application Application is in is not in Comm" Compliance Compliance Attached W1 • 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; x x 2. That the establishment of the specific use will not impede the normal and orderly development and improvement of surrounding vacant property; x 1 That adequate utilities, access roads, drainage and other necessary supporting facilities have been or will be provided; x 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; x 5. That adequate nuisance prevention measures have been or will be taken to prevent or control offensive odor, fumes, dust, noise and vibration; x 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; 8. That the proposed use is in accordance with the Comprehensive Plan. KI ANALYSIS continued Comments on Conditions 1, 7 and 8 follow: 1. A dog grooming business may be compatible in the neighborhood if it is operated as explained by Mrs. Cardwell in her application letters. However, the GC -MD District allows various other commercial activities such as retail stores, limousine rentals, ambulance services, travel agencies, food stores, liquor stores, used merchandise sales, used car lots, day care centers, halfway homes, auto repair shops, dance halls and offices of lawyers and planners, to name a few uses allowed in the district. Some of these activities would not be compatible with nearby land uses and might be injurious to other residential property owners in this RM-H zoned neighborhood. 7, The subject lot at 3580 Blackmon is adjacent to, single family homes on either side of the applicant's property. A commercial use is required to be screened from residential uses by an 8 foot tall solid privacy fence or wall and by a minimum 10 foot wide landscape buffer with 6 foot tall trees planted every 25 foot in the buffer strip. The applicant is requesting a modification to the screening/landscaping requirements. She feels the existing screening is adequate. 8. The Comprehensive Plan designates the subject and surrounding properties as a "Stable Area". Stable Areas are defined as built-up areas of the City which are generally characterized by good housing conditions and free from mixed land use patterns. Over the years, however, Blackmon has redeveloped into an area with a mix of residential, public/semi-public uses and high quality office developments. These office developments were built under specific use permits. Intense commercial development has been limited to frontage along Eastex Freeway. Granting GC -MD would allow the same kind of intense commercial development into the neighborhood. GC-MD-2 would provide more control through the specific use permit process. GENERAL INFORMATION/PUBLIC UTILITIES APPLICANT: PROPERTY OWNER: LOCATION: EXISTING ZONING: Barbara Cardwell Mike and Barbara Cardwell 3580 Blackmon Lane ISM-H (Residential Multiple Family Dwelling - Highest Density) District PROPERTY SIZE: One acre, more or less GENERAL INFORMATION/PUBLIC UTILITIES continued EXISTING LAND USES: Residence and accessory structure (garage with attached room) FLOOD HAZARD ZONE: "C" - Minimal flood hazard SURROUNDING LAND USES NORTH: Church EAST: Residences, car lot SOUTH: Professional offices, City park WEST: Residence, professional offices, church COMPREHENSIVE PLAN: OTHER PHYSICAL FEATURES: STREETS: DRAINAGE: WATER: SANITARY SEWER SERVICE: FIRE PROTECTION: ADEQUACY OF SERVICE: Alia'• 1t,M k! WrOW 22 rej GC -MD (General Commercial -Multiple Family Dwelling) District RM-H, GC -MD RM-H and OP RM-H Stable Area None Blackmon Lane - A 60'residential street right- of-way with an 19" wide pavement. There are open ditches along the street. There is a 6" water line in the street. There is an 8"' sanitary sewer in the street. Fire protection is provided by Station #4, Gladys at Lucas. Existing services are adequate.