HomeMy WebLinkAbout1374-Zm
DATE: October 20, 1997
TO: Planning Commission and City Council
FROM: Stephen C. Richardson, Planning Director
SUBJECT: Consider the request of property owners to rezone lots located at the four corners of
the intersection of Franklin Street and Avenue "C" and extending to Avenue "D" from
RM-H (Residential Multiple Family Dwelling -Highest Density) to GC -MD (General
Commercial -Multiple Family Dwelling) District or a more restrictive commercial
district.
FILE: 1374-Z
STAFF REPORT
From 1955 to 1983 all but three lots of the property being requested for change was zoned
R-3 (Modified Two Family and Multiple Dwelling). With the adoption of the 1981 Zoning
Ordinance and the 1983 decision to remove all R-3 zoned property, the zoning in the area
extending from Victoria Avenue to Avenue "a' was changed.
The subject property - except for the above mentioned three lots on Avenue "C" at Milarn. -
was changed from R-3 to RM-H (Residential Multiple Family Dwelling -Highest Density),
At the time of the 1983 change, Tony's Drive -In grocery store and other retail uses existed
at the northwest comer of Franklin and Avenue "C", extending to Avenue "D", The
southeast corner of Franklin and Avenue "C" was also used commercially. These uses
became non -conforming land uses after the zone change to RM-H.
One of the applicants wishes to open and operate a restaurant at the southwest comer of the
Franklin and Avenue "C" intersection on three lots. The two lots at the northeast corner of
the intersection are vacant and the lot on the southeast corner is also vacant now.
The three vacant lots are owned by the same person. The strip center and auto repair shop
on the north side of Franklin between Avenues "C" and "D" are owned by the Plaia family,
Specifically the following property is being requested to be changed from RM-H to GC -MD:
• Lots 1-3, Block 3, Blanchette Second Addition, 0.482 acres, George Diarnantis,
applicant;
• Lot 12, Block 2, Blanchette Second Addition, 0. 160 acres and Lots 215 and 216,
Block 18, Crary Addition, 0.344 acres, Guy A. And Jo Lena Rogers, applicants; and
STAFF REPORT continued
Lots 25 through 30, Lots 35 and 36 and the east 50'of Lot 34, Block 3, Blanchette
First Addition, 1,434 acres, Rosalie B. Plaia and Plaia's Inc., applicants. (Total
acreage is 2.42 acres, more or less),
LEGAL DESCRIPTION FOR ORDINANCE PURPOSES
Lots 1-3, Block 3, Blanchette Second Addition, Lot 12, Block 2, Blanchette Second
Addition, Lots 215 and 216, Block IS, Crary Addition, Lots 25-30, 35 and 36 and E. 50' of
Lot 34, Block 3, Blanchette First Addition, containing a total of 2.42 acres, more or less. (All
of the property being requested for GC -MD).
PUBLIC NOTIFICATION
Notices mailed to property owners 46
Responses in Favor . Responses in Opposition
September 25, 1997
Planning Division, Room 2 ' 10
City Hall, 801 Main Street
Beaumont, Texas 77701
P.O. Box 3827 77704
RE: Zoning Change
To whom it may concern,
It has been brought to my attention that the property described in this application is zoned
residential and not commercial. The property is presently a retail shopping center and auto repair
shop. This property was originally an A&P Supermarket and Texaco gas station, dating back to
the late 1930's. The A&P market closed at some point and the shopping center was left vacant.
The Texaco gas station was in operation until 1984. In 1964, my father, A.P. Plaia Sr., purchased
the shopping center and moved his vending business and record shop there. He began to revive
an otherwise vacant building by leasing space for retil business, a grocery store, barber shop and
beauty salon. Plaia's Inc. purchaed the Texaco gas station in 1980. When the properties were
purchased the zoning was commercial. It is my understanding that sometime in the early 1980's
both properties were rezoned residential. The rezoning to residential made it difficult to rent
space as a specific use permit is required when a business -type change takes place. Since the
property has served the neighborhood for the past 60 years with retail business, I ask that you
consider a zoning change back to commercial.
Sincerely,
e J. Plata�
President, Plaia's, Incorporated
9-23-97
To: The Planning Commission and City Council, City of Beaumont, Texas
Reasonsfor Request are as follow:
We would like to change this property to commercial because it would be good for
the neighborhood and the city of Beaumont,
A lot of our, neighbors are looking forward to a restaurant.
Plus it will mean a job for some indivials.
Franklin street should be commercial like the streets in old Town.
We want to start somewhere weeding out the bad and replacing with good.
This area should be a concern to all citizens of Beaumont.
We have too many Half -way houses and not enough places for people to work.
One business brings others and more people.
Most people in this area do not have dependable transportation.
Sincerely: George Diamantis
- 5 .- (/-,) -,
WO W."m Al
-MA
To Whom It May Concern:
This property has been in our family since 1962, and was zoned commercial at that time.
At some time I do not have a year, the zone was changed to RM-H.
We own both coners and due to the heavy amount of traffic we believe this would benefit the
neighborhood if it would be changed commercial.
These coners are dormat as long they remain RM-H zone.
Please consider this change of zone as we have tried to sell this land for the pat 16 years with no
avile, prospects wanted commercial property,
'r►7V'e appreciate your help and thank you very much.
Guy A & Jo Lena Rogers
CITY OF BEAUMONT
PLANNING DIVISION
RECEIVEn
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ILE 137�4�Z: Request or a zone change from RIVI-1-1 District to GC-NID District or .a Inol-e RN��R't't-t 10
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Location: 1500 and 1600 block of Franklin Street adjacent to Avenue "C" and Avenue "D"
r Applicant: George Diarr antis, Cruy A. Rogers, et ux, Rosalie B. Plaia and Plaia's, Inc. SCALE
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ANALYSIS
Mr. Jake Plaia and his family have operated the small retail shopping center on the north side
of the 1600 block of Franklin since 1964. The site was originally a supermarket and a service
station dating back to the 1930's. Several retail uses, personal services and business services
have occupied the center for the past 60 years. Three lots fronting the west side of Avenue
"C", extending 150" south from Milam (Block 3, Blanchette First Addition) are vacant,
contain 0,52 acres, and were originally zoned for multiple family residential use. The lots are
still zoned for multiple family use and were never zoned commercial. They lie opposite
residential zoning and uses (homes) and a small City park. The old service station at Franklin
and Avenue "D" is now an auto repair shop, The shop lies opposite some apartments and
residences on the intersection. Tenants in the shopping center vary from time to time. The
center and repair shop occupy Lots 28, 29, 30, 35, 36 and the east 50'of Lot 3,4, Block 3,
Blanchette First Addition. There is a home located on the front or west 100' of Lot 34, facing
Avenue "D".
George Diamantis owns the three lots at the southwest corner of Franklin and Avenue "C".
He has remodeled a house on the front of the property to be used as a restaurant. He has also
prepared an asphalt parking lot around the building. There is a driveway off Franklin and
another from Avenue "C". There is an old garage apartment next to and west of the
remodeled structure. Archie Land owns the property west of Diamantis' lots. East of Mr.
Diamantis' lots on Avenue "C" is W Rogers' vacant lot and a residence which also contains
a welding shop. South of the Diamantis property is a vacant lot and residential uses,
The three vacant lots owned by Mr. Rogers lie on the east side of Avenue "C" at the Franklin
intersection. He has two lots on the north side and one on the south side of Franklin. There
were commercial uses on these lots in the past. The Rogers family has owned this property
since 1962. Residential and commercial land uses surround the Rogers' tracts.
Franklin Street is a busy thoroughfare and Avenue "C" is also a high traffic street. There is
a street light located at the intersection.
Changing the vacant Lots 25, 26 and 27, Block 3, Blanchette First (Plaia) to a commercial
category would not be in keeping with proper zoning standards. These lots could be
developed with homes or apartments allowed by the current RM-H district zoning
regulations. These lots face into residential uses in the RM-H district,
The GC -MD district is for retail businesses, personal and business services and for various
institutional uses. However, the district also allows other commercial uses that may not be
compatible in the neighborhood today. The GC -MD district puts no restrictions on the
building density in the district other than building code regulations and zoning setback and
screening codes.
The NC district imposes a maximum building area of no more than 4,000 square feet per
premise. Yet, a restaurant in the NC district will need a specific use permit before operations
ANALYSIS continued
can begin. Mr. Diamantis would have to apply and receive a specific use permit after a public
hearing in order to proceed with his plans, In the NC district auto repair is only allowed with
a specific use permit. In this case, if the district where the existing repair shop is located is
changed from RM-H to NC, the shop remains a non -conforming use but would not have to
apply for a specific use permit because it already legally exists.
The following examples of various land uses and districts is a short list to demonstrate what
is allowed in the NC and GC -MD as permitted uses, uses permitted with a specific use permit
or uses not permitted in the district:
Use
NC
GC -MD*
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
PROPERTY OWNER:
STATUS OF APPLICANT:
EXISTING ZONING:
As listed
As listed
Owners
RM-H (Residential Multiple Family Dwelling -
Highest Density) District
PROPERTY SIZE: 2.42 acres, more or less
GENERAL INFORMATION/PUBLIC UTILITIES contintied
EXISTING LAND USES:
SURROUNDING LAND USES:
NORTH: Mixed commercial, residential and vacant
EAST: Residential, vacant, commercial
SOUTH: Residential, vacant, repair shop (Nvelding)
WEST: Commercial, apartments, residential
COMPREHENSIVE PLAN:
OTHER PHYSICAL
FEATURES:
STREETS:
WATER:
SANITARY
SEWER SERVICE:
FIRE PROTECTION:
ADEQUACY OF SERVICE:
Retail commercial, auto repair, business,
vacant lots, building remodeled for restaurant
and garage apartment.
"C" - Minimal flood hazard
SURROUNDING ZONING:
RM-H (Residential Multiple Family Dwelling -Highest Density)
District
t I.
Conservation and Revitalization
125 MW
Franklin is an arterial from downtown until it
reaches M.L.K. It has a 60" right-of-way and
a 30'pavement, Avenue "C" and Avenue "D"
each have 60'wide rights -of -way and 30'wide
pavements.
There are storm sewers in the streets.
There is water in abutting streets.
There is sanitary sewer service in abutting
streets, alleys and easements.
Fire protection is, from Station No. 1, 747
College.
Services and utilities are adequate,