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HomeMy WebLinkAbout1361-ZPDATE: June 16,199.7 TO: Planning Commission and City Council FROM: Stephen C. Richardson, Planning Director SUBJECT: Consider a request for a zone change from RCR (Residential Conservation and Revitalization) and RM-H (Residential Multiple Family Dwelling -Highest Density) to GC -MD (General Commercial -Multiple Family Dwelling) District, and an application for a specific use permit to allow a general building contractor business at 2205 Laurel Avenue, Lots 1, 2 and 12, Block 5, Parkdale Addition. FILE: 13 61 -Z/P Note: This item was tabled at the May 19, 1997 Joint Hearing. Mr. Samuel was unable to attend the meeting. STAFF REPORT Mr. Terry Samuel wishes to rezone two lots at the southwest corner of Laurel and 6th from RCR to GC -MD and one lot at the northwest corner of South and 6th from RM-H to GC - MD. In addition, Mr. Samuel has asked fora specific use permit to allow him to use the existing building at 2205 Laurel and the adjacent properties for his general building contracting business. This business would include office and storage space for his property management and general building contracting business. General building contracting businesses are permitted in a GC -MD district with a specific use permit. An existing 7,000 sq. ft. vacant metal building sits on Lot 1. Lots 2 and 12 are vacant. Lot 2 is surrounded by a chain link fence. Mr. Samuel's proposal would convert Lot 2 into parking for his business. Mr. Samuel's proposal shows no plans for Lot 12. The existing building was originally built for commercial purposes. The building was vacant for a number of years. The last known use of the building was a single family residence for the current owner. Exhibits are attached. PUBLIC NOTIFICATION Notices mailed to property owners 33 Responses in Favor , Responses in Opposition _. LEGAL DESCRIPTION FOR ORDINANCE PURPOSES Being Lots 1, 2 and 12, Block 5, Parkdale Addition to the City of Beaumont, Jefferson County, Texas, containing 0.482 acres of land, more or less. INAM11tij PO Box 781231 San Antonio, Texas 78278 April 24, 1997 Planning Division, Room 210 City Hall 801 Main Beaumont, Texas 77701 Dear Sir or Madam: r- A" 8 1997 Over the past years TJC Investments has played a prominent part in the rehabilitation and up keep of Beaumont, Texas and its surrounding areas. Terry Samuel dba TJC Investments is in the process of purchasing the building at 2205 Laurel Street in Beaumont, Texas, completely rehabilitating it, and using it as office space/storage. This 10,,000 square foot metal building was rezoned from R-3 A0 OCCR J 1) e-C. 14FP F. It is the sincere belief of TJC Investments, that our rehabilitation and occupancy of this building will not only meet, but exceed the necessary eight noted conditions that must be met before a GC -MD- Specific Use Permit, SIC Group #15 can, be issued. Currently this property is appraised at approximately 3,000 and its, shabby and vacated premises could in time become a common meeting place for transients and drug pushers/users. Upon the completion of rehabilitation of 2205 Laurel, this property will be appraised at approximately 250-300,000. The specific use of this property as office space/storage for a property management company will be compatible with and not injurious to the use and enjoyment of other property owners. This property will in no way diminish or impair property values within the immediate vicinity, it Will in fact raise the, property values of the entire area. TJC Investments has made a strong commitment to the surrounding community. In an effort that this establishment of the specific use, as office space/storage, will not impede the normal and orderly development and improvement of surrounding vacant property we have purchased the surrounding lots to the side, and back of the building. Since this building is located on the corner of Laurel and Sixth Street adequate utilities, access roads, drainage and other necessary supporting facilities have been or will be provided. 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 vacant lot to the right of the building will serve as a parking area to not obstruct theeveryday traffic of the neighborhood. There willi only be 3-4 employees working out of this building at one time. Therefore, there will not be an abundance of traffic coming and going from the building. Because TJC Investment will use this property as office space/storage the necessary and adequate nuisance prevention measures have been or will be taken to prevent and/or control offensive odors, fumes, dust, noise and vibrations during rehabilitation and after. The operational hours of both the rehabilitation crews and office staff will be during normal working hours of 8:00 am to 5:010 pm. Therefore, any additional lighting, both during the, day and at night, will be for safety reasons. The directional lighting to this property will be provided so as not to disturb or adversely affect neighboring properties. TJC Investments not only wants to } improve the appearance of this building, but also to the neighborhood. There will be sufficient landscaping and screening to insure harmony and compatibility with the adjacent properties. Most importantly the building situated at 2206 Laurel Street in Beaumont, Texas will be used in accordance with the comprehensive plan. TJC Investments writes this letter as a final, yet very important, means of helping us obtain the GC -Mid- Specific Use Permit, SIC Group #15 we need to purchase this property. We have secured all necessary funding to initiate and complete our project, unfortunately the zoning must be changed before we are granted the funds. This building is situated in an area of Beaumont that is surrounded by commercial zoning. Based on the size, proximity, and stature of this building it is my strong belief that this building should have never been zoned residential. Terry Samuel dba TJC Investments is dedicated to the continuing rehabilitation and up keep in the Beaumont -Golden Triangle Area. We can only aid in the continuing process of rehabilitation and up keep if the building located at 2205 Laurel is granted a GC -MD- Specific Use Permit, SIC Group #15. It is our sincere hope that this letter be taken into consideration when making the final decision in the zoning of the building at 2205 Laurel. Should any additional information or support be needed pn *awcontact me at (21t1 731-999tt. Sincerely, TJC Investments PO Box 7'81231 San Antonio, Texas 78278 05/15/1997 03:59 4098922231 HOLIDAY INNI MIDTOWN PAGE 02 T AJC I-M tments PO Box 731231 San Antonio, Texas 78278 Mily I Sp 1"7 Mannirg Divixi,n, Room 214 Wve Richatds City HOU 801 AWft Stftv BMMQM) Toxo 177701 Pear Mr. Richaj ds: over the Fed YSars Tic Investments has played a Pmmnent paft in the rchabititation and UP keep Of !'"unlcmt And its samundinS areas- Currently, we am in the pi 000ss Of Purchui" 2205 UaMl in BeaunMt, Tex" imcluding the lots situaw on its Sides and behind it. We hcrpc ftt its new AWCAMM18 WW not only provide its psarpose as offloe/ stonv'spw but also aid in raising the property value of the surmunding homy and businesses. *UC Inveatmmt's has requested, that the planning Divi4on of ftmummt issue & GC'MV sPec'('c tjw Fe"it for thisPrVeM. In addition to the issuing of the GCMD Spccific use Permit, we.tre M*W*ing a waiver of bmdwspin$ mW fencing. The waiver of Is"dws'Ping AM (StIding that is requested is for the west and south sides of lot 2, and the south side of lot I. This building is siftatcd in an Am of Beaumont that is su1TMndfA by t6 -mmercial zoning. Based on the size, proximity, and stature of this building it is wi - h my stwft belief OW 220S 1=ml dumid have never been zoned residential, We love mcured all neoestaq funding to initiate and complete our PrOjert, untortu - -.at* the zoning m gat be chxrtp before we W ,granted these funds. Terry Samuel 41- * T .Ic InVeStInOnts is dedicated to the continuing rehabilitation and up lc p In the &&t""Ont- GoWeA Triangle Area. We can QWY aid in the continuing Prouss of "hid"lit0tiOn MW LIP keep Of the Golden Triangle Area if the building '*C"W at 22()S AU111 is imuea the GCMG SPWific Use Permit and Smnted a waiver of landsoaping and mfencl% It is our sincere hope that this letter be jakcn into i i Caidomfion w-'tcn MAIdn the final demon in the scorning of the building at 2205 Isurtl in Heault . nit, Texas. Should any additional infonution or su jurart be n*040CI a 1 FILE 1361-Z/P: Request for a zone change from RCR and Rai-H Districts to UGC -MD and NORTH a request for a specific use permit to allow a general building contractor and offices. Location: 2205 Laurel at Sixth Street to South Street, Applicant: Terry Samuel SCALE t"=zaa' 11 I 'Ll i a mY 30 ,./Am s wfl MEN! A30 E ga - 10 It a 1"o pf ,SUBJECT ,. ftilliIIIAIIIIIIIII -40 BROADWAY AVE. 4,1 r JN �- roc LL 0 LL N ] fi CLL e° 30 LIBERTY AVE.. -40 i - - 130 - ! _ LAUREL AVE.. I AMEN uG: � da�o w / L MY LO T- I I AQ1-may �F NO= 0 ' au opt-fo cr-.r2iae O —6o u000e LO 1 — 2 ` 1 0 ; 401 LLJ 7Z wli w lot L 0 tkil LL LLJ I n 0 o -j nw OL [4 z Ld 2 F— U) .Lj z D y U- ANALYSIS The two lots on Laurel were originally zoned R-3 (Modified Two -Family and Multiple - Dwelling) District in 1955, and the lot on South was zoned R-2 (Two Family and Multiple - Dwelling). In 1981, the R-2 district was renamed RM-H. The "Old Town" rezoning study in 1989, which covered a large area of central Beaumont both north and south of Calder between I Ith Street and 3rd Street, resulted in the R-3 district being rezoned, in most cases, to RS, RM-H and RCR. At that time, the two lots on Laurel were rezoned to RCR. The Comprehensive Plan designates this part of the city as a Conservation and Revitalization Area, A Conservation and Revitalization Area is defined as a part of the city where immediate action is needed to prevent or reverse deterioration. These areas are characterized by fair to poor housing conditions, incompatible mixture of land uses and declining numbers of housing units and small businesses. Recommended approaches to conserving and revitalizing these areas include: Rehabilitation of housing and businesses. - Improvement of public facilities, utilities and streets. - Development and implementation of neighborhood plans, - Review of zoning patterns to protect established residential areas and encourage reinvestment in small businesses, - Spot -demolition and redevelopment in severly deteriorated areas. This area is one of mixed uses. In the immediate vicinity is a combination of single family and multi -family uses, commercial uses and vacant lots. While the majority of the exisiting uses are still single family residential, the viability of the area along Laurel, between 4th Stand 6th St., remaining single family residential is doubtful. The current RCR District permits, with a specific use permit, a variety of commercial uses. This request constitutes spot zoning. if it is the desire of the Planning Commission and City Council to rezone this property to GC - MD, it is suggested that the aforementioned area be looked at as well. Staff has discussed with Mr. Samuel the possibility of leaving the zoning of Lot 12 as RM-H. Mr. Samuel has no plans for that lot and has verbally agreed to that suggestion. CONDITIONS FOR APPROVAL OF SPECIFIC USE PERMIT (SECTION 30-26.E, ZONING ORDINANCE) Application Application is in is not in cartnats Compliance Compliance Attached 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 x the immediate vicinity; x 2. That the establishment of the specific use will not impede the normal and orderly development and improvement of surrounding vacant property', x 3. 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; 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; x 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. x --X— ANALYSIS continued This application is in compliance with seven of eight conditions necessary for approval. Comments on items 1, 2, 4, 5, 7 and 8 follow: While it could be argued that a general building contractor business may not be a compatible with residential uses, there are steps that could be taken to lessen the impact on surrounding properties. For example, outdoor storage could be prohibited and additional screening could be required. The applicant has verbally stated that there will be no outdoor storage nor will there be the parking of any heavy equipment on the, property. in this particular case, the rehabilitation of the existing building, if done properly, would be an improvement to the neighborhood 2. There are some vacant lots nearby within the immediate area. it is doubtful that this area will see additional single family development. If anything, apartments or commercial uses are likely to be constructed in the future. 4. The Traffic Engineer has stated that the proposed use in the 7,000 sq. ft. building is required to provide 12 off-street parking spaces. Only 10 spaces are shown on the site plan. Staff has discussed this item with the applicant and he is looking at the feasibility of revising his parking lot to provide the additional spaces. A special exception to the parking, requirements can be granted by the Zoning Board of Adjustment. Loading and unloading will be off of 6th St. Loading and unloading of small amounts of building materials would occur once or twice a month. 5. The applicant states in his letter that "necessary and adequate nuisance prevention measures have been or will be taken to prevent and/or control offensive odors, fumes, dust, noise and vibrations." 7. The site plan does not show compliance with the screening and landscaping requirements of Section 30-31 (b), Nor is the plan in compliance with the off-street parking landscaping requirements of Section 30-31 (c). An eight foot screening fence and a ten landscape strip are required along the west side of Lot 2. The same would be required along the west side of Lot 12 at the time of development of that lot. A six foot landscape strip is required along the street frontage of the parking lot. The applicant is requesting a modification to the landscaping and screening requirements. The applicant has stated that he is willing to install an 8 foot tall screening fence along the west and south sides of Lot 2. However, there is not enough room to install a 10 foot landscape strip. 3 1/2feet is provided. The applicant has verbally agreed to plant trees along the west property line. The City Council can grant a modification to the landscaping and screening requirements as part of the specific use permit process. 8. This request would revitalize blight and encourage reinvestment in small businesses. A zoning study for either side of Laurel St., between 4th and the west side of 6th, may be in order. GENERAL INFORMATION/PUBLIC UTILITIES PROPERTY OWNER: STATUS OF APPLICANT: LOCATION: Terry Samuel dba TJC Investments R. S. Travis and H. L. Barry Prospective Buyer 2205 Laurel Avenue at Sixth to South Street EXISTING ZONING: Lots I and 2 - RCR (Residential Conservation & Revitalization) Lot 12 - RM-H (Residential Multiple Family Dwelling -Highest Density) District PROPERTY SIZE: EXISTING LAND USES: SURROUNDING LAM USES: NORTH: Residences (single family) EAST: Vacant lots SOUTH: Residences (single family) WEST: Residences (single family) COMPREHENSIVE PLAN: OTHER PHYSICAL FEATURES: 0�.482 acres A 49' 7 " x 13 9' 8 " metal building is on Lot No 1. Lots 2 and 12 are vacant. "C" - minimal flood hazards SURROUNDING ZONING: RCR RCR and RM-H RM-H RCR and RM-H Conservation and Revitalization The approximate 50'x 140' metal building is a non -conforming structure due to the size and placement of the building. STREETS: Laurel Avenue - A major arterial, east bound (Liberty is west bound), has a 37' wide concrete street. The right-of-way along this segment varies from 56'to 58'. South is an 80' residential right-of-way with a 3 0' pavement. Sixth Street is a 60' residential right-of-way with a 20'asphalt pavement. GENERAL INFORMATION/PUBLIC UTILITIES continued DRAINAGE: WATER: SANITARY SEWER SERVICE: FIRE PROTECTION: ADEQUACY OF SER VICE: There is an 18" storm sewer in Laurel, a 15" storm sewer in South Street and a 21 " in Sixth Street. There is a 6" water line in Laurel, an 81' line in South and an 8" line in Sixth. There is a 6" - 8" sanitary sewer in Laurel, a 12" in South and a 611 in Sixth. Fire protection is from Station No. 7, 1700 McFaddin. Services and utilities are adequate.