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Home My WebLink AboutPACKET f J 1 < DATE:July 22, 2024 TO: Planning Commission and City Council FROM: Demi Engman, Director of Planning and Community Development SUBJECT: To consider a request for a Rezoning from R-S (Residential Single-Family Dwelling)to GC-MD (General Commercial—Multiple-Family Dwelling) or a more restrictive district. FILE: PZ2024-173 STAFF REPORT Elizabeth Simmons is requesting approval of a Rezone from R-S (Residential Single-Family Dwelling)to GC-MD (General Commercial —Multiple-Family Dwelling) or a 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 to rezone the property to commercial zoning as they feel it would be easier to find a commercial tenant post Concord expansion. This request, if granted, may result in a "spot" zone of high density uses in-a single 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 Law defines "spot zoning" as, "A piecemeal zoning amendment that arbitrarily singles out a small tract for special treatment... 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".. According to the Comprehensive Plan the property is located within a "Stable Area". Stable Areas are "characterized by good to excellent structural conditions and neighborhoods that are free from blighting influences, such as incompatible land uses, dilapidated buildings and a deteriorated or poor public infrastructure. Vacant parcels which may exist are good to excellent development sites." Staff recommends denial of this request. Exhibits are attached. PUBLIC NOTIFICATION Notices mailed to.property owners 19 Responses in Favor Responses in Opposition GENERAL INFORMATION/PUBLIC UTILITIES PROPERTY OWNER: Simmons Luther Gary & Elizabeth LOCATION: 5210 Concord Road EXISTING ZONING: R-S (Residential Single-Family Dwelling) District PROPERTY SIZE: .473 acres, more or less EXISTING LAND USES: Residential FLOOD HAZARD ZONE: X—Area determined to be outside the 500-year flood plain. SURROUNDING LAND USES: SURROUNDING ZONING: NORTH: Residential R-S EAST: Residential R-S SOUTH: Residential R-S WEST: Residential R-S COMPREHENSIVE PLAN: Stable Area STREETS: Concord Road —Secondary Arterial- suburban street, with 80' wide right-of-way and 50' pavement width. DRAINAGE: Curb & Gutter WATER: 8" Water line SANITARY SEWER SERVICE: 24" Sanitary sewer line 1 If '•v_� PROPERTY OWNERS NOTIFIED WITHIN 200' GREEN DEBRA&JASMINE HERNANDEZ RUTH E TAWEEL MIKE NEWMAN CAROLYN J RODRIGUEZ JUAN & MARIA D SIMMONS LUTHER GARY& HUGHES RANDALL& KAREN DEL CARMEN GUADALUPE WELCH JON D PEREZ LINDA SUE WELCH JON D CALLAS JAMES R ALBERTO FAVILA GALVAN & ALBERTO FAVILA GALVAN LUIS ALLEN C D JONES CHRISTOPHER SMOAK ROBERT MEDINA JASON &TRACI DOYLE PAULA K I T 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: 6/13/2024 3:34:25PM Individuals listed on the record: Applicant Elizabeth Simmons Home Phone: 5220 Roberts Rd Work Phone: Beaumont,TX 77705 Cell Phone: 409-790-8259 E-Mail: biziliz@att.net Property Owner Elizabeth Simmons 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 77708 FR HTS 27B B3 021850-000-FRENCH HEIGHTS Neighborhood: 021850002 .4935AC(LESS AC IN RD ROW) .0198AC= .4737AC Property ID:35087 Geographic ID: 021850-000-007900-00000 Mapsco: 101-245 Number of Acres 0.47 Proposed Use Commercial building/lot for rent or sale Notes: Case Type:Planning and Zoning Page 1 of 1 Case#:PZ2024-173 Printed On:6/27/2024 ,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—Residential-Single Family to GC/MD—General Commercial/Multi-Family Dwellings.The building is currently being remodeled, and I would like to turn it into a commercial rental or put it up for sale as a commercial location. Due to the recent changes in Concord Road from a 2-lane to a 4-lane roadway,the building lost about half its front yard to the new 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 zones currently in place. Following are the metes and bounds of the property: Being a part of Lot Twenty-Seven (27) of the French Heights Subdivision, described 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(250')to iron stake for corner;Thence in a southeasterly direction parallel with the north boundary line of Lot Twenty-Seven(27), a distance of Eighty-six feet(86')to iron stake for corner;Thence in a southwesterly direction parallel with the common boundary line 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 line of the Voth Road (Hobby Highway)to iron stake for corner;Thence in a northwesterly direction along the north boundary line of the Voth Road (Hobby Highway)a distance of Eighty-Six feet(86')to the place of beginning, being a plat of ground fronting Eighty-Six feet(86') on the Voth Road (Hobby Highway):Also know as 5210 Concord Road,City of Beaumont, county of Jefferson, State of Texas; PZ2024-173: Request for a rezone from an PC '-esidential Single Family) zoning dist.:_ to GC-MD N (Genral Commercial - Multiple Family Dm g) or a more restrictive zoning distrii Applicant: Elizabeth Simmons Location: 5210 Concord Road 0 100 I i I Feet • ;; ,,,, Legend R-S ," t.L Pr 4 PZ2024-173 R-S =Y'. .\_ 7. / ' ''''' ' .,,..7;-*„.0%,.. , . # ., ,_ . 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