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Home My WebLink About1401-ZF'7 DATE: March 16, 1998 TO: Planning Commission and City Council FROM: Stephen C. Richardson, Planning Director SUBJECT: Request to rezone two abutting acreage tracts from RS (Residential Single Family Dwelling) District to GC -MD (General Commercial -Multiple Family Dwelling), or a more restrictive district. The property is located at the northeast corner of Phelan Boulevard and Shakespeare. FILE: 1401 -Z STAFF REPORT John Caffery of Century-21 Real Estate has made this request on behalf of two property owners. Tract 85, SP-6 contains 0.51 acres and Tract 178, SP-6 contains 0.172 acres for a total of 0.682 acres. The property fronts approximately 166' along the north side of Phelan and extends north along the east side of Shakespeare 200', more or less. The larger Tract #85 is now vacant and the 50' x 150' Tract #178 contains a small frame house. On this property, GC -MD zoning was denied by the Planning Commission on October 21, 1996. OP (Office Park) zoning was approved by the Planning Commission on December 16, 1996. City Council denied OP zoning on December 17, 1996. Along with a map exhibit and a letter from the applicant, a description of six other commercial and multi -family zoning districts are attached. PUBLIC NOTIFICATION Notices, Mailed to Property Owners: 19 Responses, in Favor: Responses in Opposition: LEGAL DESCRIPTION FOR ORDINANCE PURPOSES Being Tax Tracts No. 85 and 178, Plat SP-6, C. Williams Survey, Abstract 59, Beaumont, Jefferson County, Texas, containing 0,682 acres of land, more or less, said property situated at the northeast corner of Phelan Boulevard and Shakespeare Drive. PUNNING DIVIS10m Advantage Realty 1612 1H 10 South Beaumont, TX 77707 (800) 728-6027 (409) 842-8060 Fax: 842-8066 FEB Fax (409) 866-1124 12 February 1998 klurray Duren, Sr. Planner Planning & Zoninli; P.O. Box 3827 Beaumont, TX Subj: Rezoning application of 12 FEB 1998, attached. Mrs. Lucille James and Mr. John Andrus, owners of the two parcels described below join in requesting a zoning reclassification from RS to GC -MD. Their request is based on the fact that the lots fronting on Phelan Blvd, are already overwhelmingly commercial, and the fact that as a site for building a single family residence the land has almost zero value. It is the wish of the owners that reclassification be to GC -MD, and it is the opinion of tile undersigned as a Realtor that such classification is proper. Owners advise, however, that if City Council in its wisdom cannot grant such change, then owners reluctantly request a rezoning to a more restrictive classification than GC-iN/M. I Si cerely, 7F L Ucll-1 r A' M S C WsiLtAMS -A5S5? So John Caffery TR 85 SP-40 5rd (4 Al 0 5,1 19C /j Aj Da U 3 4133 P �r 1Z 7,R —9 L? S 1-0 A f 9 r 7.3 e d Ta 6 X f11,ELpJ OL VD. Each Office Is Independently Owned And Operated -4W ,A V } or � wCr .. J i0 Nei! 1 IN ts so 1 1 ss . •»s rnrr OP-Irrr R—S 1 N Ap I C � Y lij PRU TZMAN CHELSEA P'�L., r r cc �JN a 1" Z Cc, it , _ " .3 V l!P ✓1 ` y✓f✓ "o iv .. 4 WIC,KERSH'AI� — I r 70 3 it I 14/O P Yf " 1 ., Molt mg �I'r i M1 1 b _bib k aalaar= d V ?GlC7 !hv" a .Sr P11a"�TsT:SId �. N.� r� 4 �,�•'y�.�§ , r i+9� a^L wi ark SOA u� r " $04 TT t$.�p �TT�� y �AMC�nt�(ftG'Af�� •. y� cc ul bd ci f° Rasa — SU *mom 9 or- R H IV, ll..� , � � ire, RI,�� '��'Py f✓C � RM-M, Residential Multiple -Family Dwelling -Medium Density District Regulations General Purpose and Description: The RM-M, Residential Multiple -Family Dwelling Medium Density District, is intended to provide for medium density multiple -family dwellings which may have a relatively intense concentration of dwelling units served by large open spaces consisting of common areas and recreation facilities, thereby resulting in medium gross densities. The principal use of land may be one or several dwelling types, ranging from single-family to low-rise multiple -family dwellings, and including two-family dwellings, garden apartments, condominiums and townhouses. Recreational, religious and educational uses normally located to service adjacent residential areas are also permitted to meet the basic needs of a balanced, orderly, convenient, economical and attractive residential area. The RM-M, Residential Multiple -Family Dwelling District, functions as a buffer or transition between major streets, or commercial or higher density residential areas, and lower density residential areas. Permitted Uses: -Uses permitted in an RM-M, Residential Multiple -Family Dwelling - Medium Density District, are -set forth in Section 30-24. Area and Height Regulations: Area and height regulations in an RM-M, Residential Multiple -Family Dwelling -Medium Density District, are set forth in Section 30-25. RM-K Residential Multiple -Family Dwelling -Highest Density District Regulations General Purpose and Description. The RM-H, Residential Multiple -Family Dwelling - Highest Density District, is a residential district intended to provide for the highest residential density ranging up to twenty-nine (29) dwelling units per acre. The principal use of land in this district J " s for a wide variety of dwelling types, including single-family dwellings, low-rise multiple -family dwellings, garden apartments, condominiums, and townhouses and, subject to a -specific use permit, high-rise apartments. Recreational, religious, health and educational uses normally located to service residential areas are permitted in this district in order to provide the basic elements of a balanced, orderly, convenient, and attractive residential area. The RM-H, Residential Multiple -Family Dwelling -Highest Density District, is usually located adjacent to a major street and serves as a buffer or transition between commercial development or heavy automobile traffic and medium density residential development. Permitted Uses: Uses permitted in an RM-H, Residential Multiple -Family Dwelling -Highest Density District, are set forth in Section 30-24. Area and Heip-ht Regulations: Area and height regulations in an RM-H, Highest Density Multiple -Family Dwelling District, are set forth in Section 30-25. NC, Neighborhood Commercial District Regulations General Purpose and Description: The NC, Neighborhood Commercial District, is primarily intended for retail sale of convenience goods or personal services primarily for persons residing in adjacent residential areas. It also includes selected retail and service uses that are similar in land use intensity and physical impact to the neighborhood retail sales and service uses permitted in this district. Because the retail and personal service uses permitted may be an integral part of the neighborhood, closely associated with the residential, religious, recreational and educational uses in the neighborhood, more restrictive requirements for light, air, open space, landscaping, and off-street parking are made than are provided in other commercial districts. The NC, Neighborhood Commercial District, is located on the periphery of the residential neighborhood on a major street in close proximity to the intersection of two major streets. Permitted Uses: Uses permitted in an NC, Neighborhood Commercial District, are set forth in Section 30-24. The commercial, retail and services uses permitted in this district shall not exceed four thousand (4,000) square feet in gross floor area for any lot or premise. Area and Height Regulations: Area and height regulations in an NC, Neighborhood Commercial District, are set forth in Section 30-25. If 'CIP, Office Park District Regulations General F=ose and Description: This district is intended to encourage and permit general professional and business offices of high site quality and appearance in attractive landscaped surroundings with the types of uses, and design exterior appearance so controlled as to maintain the integrity and be generally compatible with existing and future adjacent and surrounding single-family or multiple -family development. This district should generally be located in areas abutting arterialand/or collector streets which are, because of location and trends, suitable for development of office uses that are compatible with residential uses thereby maintaining the character and integrity of existing and developing neighborhoods. This district is also ideally located in transitional areas between commercial and residential development which is adaptable to occupancy by certain office uses. The ultimate development must provide a low intensity of land usage and site coverage to enable the site to retain its park -like image for the residential neighborhoods nearby and for the tenants that seek pleasant landscaped surroundings. Permitted Uses: The following uses shall be permitted in this district subject to Section 30- 33, Special Conditions, (B)(12). 1. Professional Offices 2. Consultants Offices 3. Medical and Dental Offices 4. Oil and Gas Extractions 5. Pharmacy, when in support of or an integral part of an on premise medical or dental office 6. Accessory uses See. 30-15. GC -MD, General Commercial Multiple -Family Dwelling District Regulations. (a) General Purpose and Description: The mixed GC -PAD, General Commercial Multiple -Family Dwelling District, is intended for the conduct of community - wide personal and business services, specialty shops, general highway commercial uses, shopping centers, and multi -family residential development. The need for community -wide accessibility dictates that this district be located ideally at the intersection of two or more streets, along frontage roads adjacent to the interstate, or along selected major streets which have been designated for strip commercial development. Minimum lot width, depth, area, and yard requirements, buffer strips, and landscaping bonus provisions have been established to reduce or modify the harmful impact and negative consequences associated with typical strip, commercial development. Multi- family development in this district is permitted in order to serve as a buffer or transition between commercial and medium density residential development. (b) Permitted Uses: Uses permitted in a GC-TVID, General Commercial Multiple - Family Dwelling District, are set forth in Section 30-24. (c) Area and Height Regulations: Area and height regulations in a GC -MD, General Commercial Multiple -Family Dwelling District, are set forth in Zn Section 30�-25, See. 30-15.1 GC-MD-2, General Commercial Multiple -Family Dwelling-2 District Regulations (a) General Purpose and Description: The mixed GC-MD-2, General Commercial Multiple -Family Dwelling-2 District, is intended for the conduct of community -wide personal and business services, speciality shops, general commercial uses, shopping centers, and multiple -family residential NOTE: GC-MD-2 and development. Typically, this district will be located at the intersection of two GC-MD-3 adopted by or more streets, along, frontage roads adjacent to the interstate, or along I City Council ordinance selected major streets which have been designated for strip commercial on February 3, 1998. development, However, this district recognizes that there are circumstances whereby City Council would be more willing to grant approval of a specific use permit for a particular use or parcel of property than to permit a use by right. Therefore, all uses require a specific use permit. Minimum lot width, 1 16 depth, area, and yard requirements, buffer strips, and landscaping bonus provisions have been established to reduce or modify the harmful impact and negative consequences associated with typical strip commercial development. (b) Permitted Uses: Uses permitted in a GC-MD-2, General Commercial Nfultiple-Family Dwelling - 2 District, are set forth in Section 30-24. Area and Heip ght Regulations: Area and height regulations in a GC-MD-2, General Commercial Multiple -Family Dwelling - 2 District, are set forth in Section 30-25, See. 30-15.2: GC-INID-3, General Commercial Multiple-Farnily Dwelling-3 District Regulations (a) General Purpose and Description: The mixed GC-MID-3, General Commercial Multiple -Family Dwelling - 3 District, is intended for the conduct of certain community -wide personal and business services, specialty shops and multi- family residential development. While it is recognized that the uses in this district may serve the entire community, it also recognizes that these areas may be adjacent to residential districts. This district acknowledges the sensitivity of residential areas and the possible conflicts that may arise from locating commercial uses next to these residential areas. Minimum lot width, depth, area, height and yard requirements, buffer strips, and landscaping bonus provisions have been established to reduce or modify the harmful impact and negative consequences associated with typical commercial development. (b) Permitted Uses: Uses permitted in a GC-MD-3, General Commercial Multiple -Family Dwelling - 3 District, are set forth in Section 30-24. I (c) Area and Height -Regulations: Area and height regulations in a GC-NID-3, General Commercial Multiple -Family Dwelling - 3 District, are set forth in Section 30-25. 17 STAFF REPORT continued This area west of Dowlen Road was annexed into the city in 1957 and formally zoned in 1964. The subject property was zoned R-1A (single family residential) which later in 1981 was converted to RS (Residential Single Family Dwelling). A triangular shaped tract of land west of Shakespeare between the Missouri Pacific railroad tracks where they branched off to the northeast and southeast was zoned C-1 (Neighborhood Commercial). This C-I was converted to GC -MD (General Commercial -Multiple Family Dwelling) District in 1981. All of the surrounding property in this general area was R-IA in 1964. The city developed westward along the corridors of Prutzman, Phelan and Calder after the construction of Phelan Boulevard (former Missouri Pacific Railroad) during the 1960's and 1970's. Major retail and apartment development occurred around the intersection of Dowlen and Phelan. The 17 acre subdivision Regency Park was platted in 1962. This subdivision abuts Shakespeare on the east and extends between Prutzman and Phelan. Arlington Drive to the west provides access to the single family addition via Prutzman and Calder. Some older frame residences are situated along the east side of Shakespeare. Property to the east of the subject tract is RM-H and vacant. Farther east across the DD#6 ditch is St. Louis Court, an office condominium developed in 1984. The commercial tract located directly south of the applicant's property on the south side of Phelan between the ditch and Shakespeare is vacant. The single family homes on Shakespeare are the remnants of an old Beaumont neighborhood, but these remaining houses are well maintained. Regency Park to the west is fully developed with homes fronting along Wickersham. and Chelsea. GENERAL INFORMATION/PUBLIC UTILITIES APPLICANT: John Caffery PROPERTY OWNER: Lucille James and John Andrus STATUS OF APPLICANT: EXISTING ZONING: PROPERTY SIZE: EXISTING LAND USES: Realtor 120 Shakespeare RS (Residential Single Family Dwelling) 0.682 acre Vacant tract and a residence C (Minimal) GENERAL INFORMATION/PUBLIC UTILITIES coxitinued SURROUNDING LAND USES: NORTH: Single family residences EAST: Vacant tract, concrete lined drainage ditch and an office complex SOUTH: Vacant commercial tract and retail commercial southwest of the subject tract WEST: Regency Park Subdivision SURROUNDING ZONING: RS (Residential Single Fainily Dwelling) District RM-H (Residential Multiple Family Dwelling - Highest Density) District GC -MD (General Commercial -Multiple Family Dwelling) District RS COMPREHENSIVE PLAN: Stable Area OTHER PHYSICAL FEATURES: None STREETS- Phelan Boulevard is a major arterial with a 100' wide right-of-way and divided median with two 24' wide concrete lanes east and west bound. Shakespeare between Prutzman and Phelan is a 60' wide residential street with a 12' pavement. DRAINAGE: There is a 36" storm sewer in Phelan and open ditch drainage along Shakespeare. WATER: There is a 2" line in Shakespeare. Water is also available on the south side of Phelan. SANITARY SEWER There are 8" sanitary sewers in Shakespeare SERVICE: and Phelan Boulevard. FIRE PROTECTION: Fire protection is provided by Station #9, 7010 Gladys Avenue. ADEQUACY OF SERVICE: Services are adequate. Shakespeare's 12" pavement is substandard.