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Home My WebLink AboutPZ2024-173DATE: July 22.2O24 TO: Planning Commission and City Council FROM: Demi Engman, Director of Planning and Community Development SUBJECT: Toconsider arequest for aRezoning from R-S(Residential Single -Family Dwelling) to GC -MD (General Cornrnercial—Mu|tip|e-FannUy Dwelling) or more restrictive district. FILE: PZ2024-173 STAFF REPORT Elizabeth Simmons is requesting approval of a Rezone from R-S (Residential Single -Family Dwelling) to G[-VIO (General Commercial —Mu|tip|e-Farni|y Dwelling) or more restrictive zoning district, for the property located at 5210 Concord Road. The property is currently under a work program and being repaired to the code of a residential structure. The applicant is seeking turezone the property tocommercial zoning asthey feel itwould be easier to find a commercial tenant post Concord expansion. This request, if granted, may result \na"spot'zone ofhigh density uses inasingle family residential area. The application is not in compliance with the Comprehensive plan of Beaumont and may be a violation of Chapter 211 of the Local Government Code. Texas Municipal Low d e f ines"spotzoning"as,� piecemeal z on in g am en dm en t thot orb itrarily sincles outosm a//trac t for special treotm ent.Lots that are rezoned inoway that is substantially inconsistent with the zoning of the surrounding area, whether more or less restrictive,are likely to be invalid".. According tothe Comprehensive Plan the property is located within a "Stable Area", Stable Areasare"chora c terizedby goo d to excellentstructura/con ditionsondneighborhoods thot are fre e from b ligh tin g influ e n ces, s uch as in co mp a tib/eIan duses, d8nnida ted.bu8d/ngsondo de teriorayedorpoorpublic infras tructu re. Vacantparcels wh/chmoyexistare good toexcelleni development sites.' Staff recommends denial of this request. Exhibits are attached. PUBLIC NOTIFICATION Notices mailed to property owners 19 Responses lnFavor ��Responses in Opposition LEGAL DESCRIPTION FOR ORDINANCE CE PURPOSES Being all of Lot 27B, Block 3, Preach Heights Addition, Beauniont, Jefferson County, Texas, containing .4.73 acres (LESS AC IN RD ROW) more or less. GENERAL INFORMATION/PUBLIC UTILITIES PROPERTY OWNER, LOCATION: EXISTING ZONING: PROPERTY SIZE: EXISTING LAND USES: FLOOD HAZARD ZONE -- SURROUNDING LAND USES: NORTH: Residential EAST: Residential SOUTH Residential WEST: Residential COMPREHENSIVE PLAN: DRAINAGE: WATER: SANITARY SEWER SERVICE: Simmons Luther Gary &Elizabeth 53lOConcord Road R-S (Residential Single -Family Dwelling) District .473acres more orless Residential X—Area determined tobeoutside the 5OO-»ear flood plain. SURROUNDING ZONING: R-S R'S R-5 Stable Area Concord Road — Secondary Arterial- suburban street, with 80/ wide right -of- vvey and 50' pavement width. Curb &Gutter 8"Water line Z4"Sanitary sewer line PROPERTY TY WNE NOTIFIED WITHIN 200' GREEN DEBRA & JASMINE HERNANDEZ RUTH E TAVEEL MIKE NEWMAN CAROL N J R DRIGUEZ JUAN & MARIA D SIMMONS LUTHER GARY & H U H ES RAN DALL & I Af E N DEL CARMEN GUADALUPE WELCH JN D PEREZ LINDA SUE WELCH J H D CALLAS JAMES ALERTEAVILAALVAN ALBERTO EAVILA GALVAN LUIS ALLEN C D JNES CHRISTPHER SMOAK R(BERT M EDINA JAS N & TRACI D YLE P U LA I BEAUMC3NT Planning & Community Development Case Type:Planning and Zoning Case Status: REVIEW Case Sub Type: Rezone Tag Name: Rezone property and building for Case #: PZ2024-173 commercial use Location: 5210 CONCORD RD, BEAUMONT, 77708 Initiated On: 6113/2024 3-34:25PM Individuals listed on the record: Applicant Elizabeth Simmons 5220 Roberts Rd Beaumont, TX 77705 Property Owner Home Phone, Work Phone: Cell Phone: 409-790-8259 E-Mail- biziliz a(att.net Elizabeth Sirnimons Home Phone: 5220 Roberts Rd Work Phone: Beaumont, TX 77705 Cell Phone. 409-790-8259 E-Mail- biziliz@att.net Legal Description 5210 Concord Rd, Beaumont, TX 7770B FR HTS 27B B3 021850-000 - FRENCH HEIGHTS Neighborhood- 021850002 .4935AC. (LESS AC IN RD ROW) .010G z-- .4737AC Property ID- 35087 Geographic ID: 021850-000-007900-00000 Mapsco: 101-245 Number of Acres 0.47 Proposed Use Notes: Case Type. Planning and Zoning Case #- PZ2024-173 Commercial building/lot for rent or sale Page I of I Printed On: 6127/2024 June 13, 2024 Elizabeth Simmons 5220 Roberts Rd Beaumont, TX 77705 City of Beaumont Planning and Zoning Commission Greetings Commission Members, Re: 5210 Concord Rd, Beaumont, TX 77708 I write to you today to ask that you consider my request to change the zoning for this property from R-S — Residentlal-Singte Family to GC/MD — Generat Corr merciat/Multi-FamiLy Dwellings. The building is currently being remodeled, and I would like to turn it into a commercial rentat or put It up for sale as a commerciaL location. Due to the recent changes in Go ncord Road from a 2-lane to a 4-lane roadway, the buitdi ng lost about half its front yard to the now construction and the sidewalk easement. The building on the property now sits close to the road , making traffic noise and vibrations a problem when trying to rent this location as a single-family residence. It is for this reason I wish to change the zoning to a commercial location that will allow a business to reside on the property. This property is currently only one house away from being in the nearest commercial zoning area as the house to its right (5170 Concord) sits between it and commercially zoned property on its other side. In addition, there is a commercially zoned property immediately across the street in the form of a car wash. I have included the general location using the city's interactive map showing the property one currently in place. Following are the metes and bounds of the property: Being a part of Lot Twenty-seven (27) of tine French Heights Subdivision, d esc ri h ed as follows: Beginning at the most southwesterly corner of Lot Twenty -Seven (27), said beginning point being the common corner of Lots Twenty -Seven (27) and Twenty -Six (26) in the north Line of the Voth Road (Hobby Highway) at an iron stake; Thence in a northeasterly direction along the dividing line between Lots Twenty -Six (26) and Twenty -Seven (27) a distance of Two Hundred Fifty feet (2501 to iron stake for corner- Thence in a southeasterly direction parallel with the north boundary tine of Lot Twe nty-Seve n (27), a distance of Eighty-six feet (86-*) to iron stake far corner; Thence in a southwesterly direction parallel with the common boundary tine of Lots Twenty -Six (26) and Twenty - Seven (27), a distance of Two Hundred Fifty feet (250") to a point in the north right-of-way tine of the Voth Road (Hobby Highway) to iron stake for corner; Thence in a northwesterly direction along the north boundary line of the Voth Roa d (Hobby Highway) a distance of Eighty -Six feet (86') to the place of beginning, being a plat of ground fronting Eighty-Sixfeet (86') on the Voth Road (Hobby Highway): Also known as 8210 {Concord Road, City of Bea u m o nt, county of Jefferson, State of Texas; �Z2024-173: Request for a rezone from an RS (residential Single Family) zoning district to GC -MD 4h General Commercial -Multiple Family Dwelling) or a more restrictive zoning district. kpplicant: Elizabeth Simmons .ocation: 5210 Concord Road i At R-S Of 0 100 I I I Feet Legend PZ2024-173 R-S IRWS c1qv C, 4P 0 G O-AM .1N 14 or. R-S dl-MD Ohl R-S j '7 let 4 1 k tc I