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Home My WebLink AboutPZ2022-226DATE: June 27, 2022 TO: Planning Commission and City Council FROM: Chris Boone, Interim City Manager SUBJECT: To consider a request for a Specific Use Permit to allow a construction business with an outdoor lay down yard in a GC -MD (General Commercial — Multiple - Family Dwelling) District. FILE: PZ2022-226 STAFF REPORT Xavier Williams is requesting permission for a construction business with a laydown yard at 1320 Caldwell Avenue. This property was zoned RM-H (Residential Multiple -Family Dwelling — Highest Density) and occupied by a house until it burned and was demolished in 2019. A commercial structure is located at the corner of the lot and the current owner wished to use the building for commercial purposes although it had sat vacant for several years so the property was rezoned from RM-H to GC -MD (General Commercial — Multiple -Family Dwelling), Mr. Xavier constructed a new storage building on the property without the benefit of a peril -lit. He then began to operate a construction business and park dump trucks on the property without a Certificate of Occupancy. Due to the property being used as a lay -down yard for Mr. Xavier's construction business, a Specific Use Permit is required in a GC -MD zoning district. This use is not compatible with other uses around the subject property. Properties to the north cast and south are residential and occupied by single-family homes. Although a neighborhood grocery store sat at this location for many years, it was compatible with the adjacent uses. A construction business with outside storage for equipment and dump truck parking would be detrimental to the residential neighborhood. In his letter, Mr. Xavier states three (3) dump trucks will be kept at this location. No parking for the dump trucks or the vehicles for the drivers are shown on the site plan. If the application is approved and parking is planned on the property, a six (6) foot wide landscaping strip will be required between any off-street parking areas and the street. Those landscaped strips are required to have a three (3) foot tall wall, berm or hedge for the length of the parking area. In addition, the property to the west along the north end of the property is zoned RM-H, if approved a ten (ten) foot wide landscaped buffer with trees and an eight -foot wood or masonry screening fence is required along that portion of the property line that borders the RM-H zoned property. Staff recommends denial of the request. Please note that final occupancy approval is subject to review and acceptance of submitted plans and field inspections to verify compliance with applicable codes. Exhibits are attached. PUBLIC NOTIFICATION Notices mailed to, property owners 26 Responses in Favor Responses in Opposition LEGAL DESCRIPTION FOR ORDINANCE PURPOSES Being Block C, North Addition, Beaumont, Jefferson County, 'Texas, containing 0.51 acres, more or less. ANALYSIS CONDITIONS FOR APPROVAL OF SPECIFIC USE PERMIT' (SECTION 28-26.E, ZONING ORDINANCE) Conditions: .1. That the specific use will be compatible with and not injurious to the use and enjoyment of other property, or significantly diminish or impair property values within the immediate vicinity; 2. That the establishment of the specific use will not impede the noririal and orderly development and improvement of surrounding vacant property; 3. That adequate utilities, access roads, drainage and other necessary supporting facilities have been or will be provided; 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; Application Application is in is not in Comments compliance compliance Attached VY EN 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 riot to disturb or adversely affect neighboring properties; x 0 x 7. That there are sufficient landscaping and screening to, insure harmony and compatibility with adjacent property; and, x 8. That the proposed use is in accordance with the Comprehensive Plan. x GENERAL INFORMATION/PUBLIC UTILITIES APPLICANT: Xavier Williams PROPERTY OWNER: Lottie Davillier LOCATION: 1320 Caldwell Avenue EXISTING ZONING: GC -MD (General Commercial Multiple Fancily Dwelling) PROPERTY SIZE: —0.51 acres EXISTING LAND USES: Vacant/Commercial FLOOD HAZARD ZONE- X — Area determined to be outside the 500- year flood plain. SURROUNDING LAND USES: SURROUNDING ZONING: NORTH: Residential RM-H (Residential Multiple -Family Dwelling — Highest Density) EAST: Residential RM-H SOUTH. Residential RS (Residential -- Single -Family Dwelling) WEST: Commercial GC -MD (General Commercial -- Multiple - Family Dwelling) / RM-H COMPREHENSIVE PLAN: Conservation & Revitalization STREETS: Caldwell Avenue — Local Street with 50' wide right-of-way and 18' pavement width. Linson Street — Local Street with 50' wide right-of-way and 17' pavement width. DRAINAGE: Open ditch WATER: 6" Water line SANITARY SEWER SERVICE: 6" Sanitary sewer line PROPERTY OWNERS NOTIFIED WITHIN 2001 AGUIRItE, RICARDO BARRY MADIE J ESTATE BROUSSAIMTARI CROMWELL FAYE DAVILLIER OWENS J & LOTTIE FRUGE AMBER FORD GMK ORIGINAL LLC HEBERTARTHUR PAY JR HERNANDEZ AMANDA HEItNANDEZ MARIA INTERNATIONAL ASSET SOLUTIONS JOSEPH WESLEY M MCFADDIN WARD FND 4651 MCGRIFF ELLA M EST PATTERSON ELI & JESSICA JO SMITH LEONA ETAL STAGG GERALDINE & LIONEL STAGG GERALDINE MARIE STRIVE INVESTMENTS 11 LLC UDI PROPERTY WILLIAMS XAVIER JR ANNw�r :fAT1TT'1*1 - Planning & Community Development Case Type:Planning and Zoning Case Status: REVIEW Case Sub Type: Specific Use Permit Tag Name: laydown yard for 1320 Caldwell ave. Case #: PZ2022-226 Initiated On: 5/31/2022 9:59:15AM Location: 1320 CALDWELLAVE, BEAUMONT, 777013 Individuals listed on the record: Applicant Xavier WiHiams Missing Address, City, State, or Zip Code in People Owner LOTTIE DAVILLER Missing Address, City, State, or Zip Code in People Case Type: Planning and Zoning Case M PZ2022-226 Home Phone, Work Phone: Cell Phone: 409.550.0719 E-Mail: xavier.stanka@gmall.cotn Home Phone: Work Phone: Cell Phone: E-Mail: Page 1 of 2 Printed On: 5131/2022 Legal Description NORTH BLK C,514AC Number of Acres 0.51 Proposed Use Construction business with Lay down yard That the specific use will be The use for of site storage will not impact neighbors or property compatible with, and not injurious to value. it will be adjacent to similar busineses. the use and enjoyment of other property, nor significantly diminish or Impair property values within the immediate vicinity That the establishment of the specific use will not impede the normal and orderly development and improvement of surrounding vacant property; That 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 That adequate nuisance prevention measures have been or will be taken to prevent or control offensive odor, fumes, dust, noise and vibration That directional lighting will be provided so as not to disturb or adversely affect neighboring properties That there are sufficient landscaping and screening to insure harmony and compatibility with adjacent property That the proposed use is in accordance with the Comprehensive Plan Notes: This is a corner lot that would round out that block as commercial. The properties access and drainage have been in place for decades. This is not a public place of business or an office. Traffic from usage would be minimal. Hours of operation typically to be during daylight and produce limited amount of noise and no fumes. Security lighting will be aimed as to not disturb neighbors. Entire perimeter is contained in a 6 ft. privacy fence along Linson and 6'cydone around remaining perimeter. Caldwell ave. has landscaped. Linson also has landscaping. This location at 1320 Caldwell will be a great location for the neighborhood and surrounding areas, It will help beautify beaumont. Case Type: Planning and Zoning Page 2 of 2 Case M PZ2022,226 Printed On: 5/31/2022 A UE CALDWCU AVV, Z2022-226: A request for a Specific Use Permit to allow a construction business with an utdoor lay down yard in an GC -MD (General Commercial — Multiple -Family Dwelling) istrict. pplicant: Xavier Williams ocation: 1320 Caldwell Avenue 0 100 200 1 1 1 1 Feet