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HomeMy WebLinkAbout1382-ZP DATE: November 17,1997 TO: Planning Commission and City Council FROM: Stephen C. Richardson, Planning Director SUBJECT: Consider a request for a zone change from NC (Neighborhood Commercial) to GC - MD (General Commercial -Multiple Family Dwelling) District. FILE: 13 82-Z STAFF REPORT The applicant wishes to rezone the subject property in order to operate a used car lot at 3 102 Park Street, The land is currently occupied by a vacant commercial building. As part of the South Park West - Section III Rezoning Study in 1983, properties were rezoned from R-3 and GC -MD to RS and NC. The subject property was zoned R-3. A used car lot is not permitted in an NC, district. The nearest GC -MD zoned property is located along the north and south sides of Washington. This zone change constitutes spot zoning. Exhibits are attached. LEGAL DESCRIPTION FOR ORDINANCE PURPOSES Being Lots 12 and 13,, Block 12, Arlington Addition, containing 0.409 acres, more or less. PUBLIC NOTIFICATION Notices mailed to property owners 23 Responses in Favor . Responses in Opposition -. M RM FILL 1382-Z. Request for a zone change from NC to GC-IvM District. NORTH Location: 3102 Park at the southwest corner of Euclid and Park "f Applicant; Galvin Spikes rJ G ±s7c= ,M Y 14 r?,. T ; o rJo lr' Ap J1 rr` za r r 0 �4 Ate 30 �l. 1t 13 14 © ro P1 r xd' �� z rw, � � d r IS Sa �y xC �yy31 l 2. $0 r9 or r � `'� 3J ,�♦ 00 ' A +r r as - j4 Now" y0 14 It r+ FUW.. _.. ... Y ._ _. q SUBJECT'34 ^ �V fr 4 +0 cc '00 1:c r ra r+� Ir �0 rr rl 50 65 rr 0 ST a Qo H'A �ItlO 1 ro s + JdA c .cp s 60 1s�a.6 12 n 1 e s naa ]. �4 K/.>' 1/ rG 9 • 7... � yPr /! a0' 9 f ry `fir 4 4MA �i r i J,7/ A.LMA ST., dx 6a 6f/ r 1 6? Q _ Cy .pp � as Sa 90 40 - 5 CZ cis 9 _ 0 I i r ��ry� V /i +r // 4 Z k�a T 10 9 .r r sr /! ➢ / r U. W-.— � Wk 7S' -f / r , � t E. ST. ` J r 2 J 441 ANALYSIS Spot zoning" connotes an unacceptable zone change that singles out a single tract for treatment that differs from that accorded similar surrounding land without proof of changes and conditions. Whenever one is faced with such a situation, there are several issues to be addressed to determine whether it is, in fact, spot zoning: 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? 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. 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, 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 amendatory ordinance must bear a substantial relationship to the aforementioned ji considerations. The following examples of various land uses and districts is a short list to, demonstrate what is allowed in the NC and GC -NM as permitted uses, uses permitted with a specific use permit or uses not permitted in the district: Use NC GC -MD* Motor vehicle dealers (new or used) NP P Video game rooms SUP P Restaurants SUP P Drinking places NP SUP Food stores P P General merchandise store P P Offices P P Service stations SUP P Auto repair shops SUP P Miscellaneous repair shops SUP & P SUP & P Personal services P P Miscellaneous retail P P Liquor stores SUP P Wholesale NP SUP, Junk yards NP SUP Financial institutions P P * P = Permitted SUP = Permitted with specific use permit NP = Not permitted GENERAL INFORMATION/PUBLIC UTILITIES APPLICANT: Calvin Spikes PROPERTY OWNER: Continental Water Systems, Inc. LOCATI 3102 Park Street LEGAL DESCRIPTION: Lots 12 and 13, Block 12, Arlington Addition EXISTING ZONING: NC (Neighborhood Commercial) District PROPERTY SIZE: .409 acres, more or less EXISTING LAND USES: Vacant commercial building FLOOD HAZARD, ZONE: "C" - Minimal flood hazard SURROUNDING LAND USES: SURROUNDING ZONWG: NORTH: Commercial NC (Neighborhood Commercial) District EAST: Commercial NC SOUTH: Commercial NC WEST: Residential RS (Residential Single Family Dwelling) District COMPREHENSIVE PLAN: Conservation and Revitalization OTHER PHYSICAL FEATURES: None STREETS: Park Street has a 60" wide right-of-way with a 36'wide asphalt pavement. DRAINAGE: There is an 18" storm sewer in Park Street. WATER: There is a 6" water line in the street, SANITARY SEWER SERVICE: 'There is a 6" sanitary sewer line in the street. FIRE PROTECTION: Fire protection is from Station No. 3 at Kenneth and Brockman, ADEQUACY OF SERVICE: Services and utilities are adequate, M RESPONSE: If you wish to comment, please return this form to the Planning Division, P.O. Box 3827, Beaumont, TX 77704. ARE YOU IN FAVOR OFTIES REQUEST? YES (N:O) (CIRCLE ONE)