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Home My WebLink AboutPZ2025-25 (02)DATE: March l7.2O2S TO: Planning Commission and City Council FROM: Deml Engman, Director of Planning and Community Development SUBJECT: Consider a Rezoning request from RS (Residential Single Family Dwelling) to GC -MD (General Commercial Multiple Family [)vveU1ng) or a more restrictive zoning district. FILE: PZ2025-25 STAFF REPORT This application was tabled at the February 24. 2025 meeting ofthe Planning Commission to allow the applicant time to provide additional information. The information requested from the applicant after the meeting and their responses are listed below. l. How many employees are there? w 3to5,sometimes hehas three, sometimes S. 2. What are the office hours? m 8:80to 4:30. 3. How long has the business been operating? w Lucas Lawn Service & Landscaping LbC has been operating as acornnmerc|a| business at 6690 Rebecca Lane since early 2025. An Assumed name certificate was filed in Jefferson County on October lEi 2019 listing Lucas Lawn Service at6G90Rebecca Lane. The LL[was recorded and riled inMarch of2O23. 4. Where was the business prior toitbeing atthis location? w Novvhere,Jararnl||o Lucas preciously worked for A||coConstruction. He began business in ear|y2U35. 5. What was the property owner occupation prior to the landscaping business and did he use the property for any prior businesses? 0 Heworked for N|coConstruction for 8-1Qyears— and no. 6. How long asthe property owner been inthe landscaping business? w Since hebegan operating Lucas Lawn Service & Landscaping inearly 202S. 7. Are there any loud noises at this location during business hours? m No. They never start the equipment there. They put it in a trailer and bring it 10the 'jobs. 8. How long |sthe gate along Comstock Road? m Approximately 15 feet. Property Owner JananmUkzLucas, ksrequesting arezoning for the l.O8'acre property at669O Rebecca Lane, located at the intersection of Rebecca Lane and Comstock Road. Mr. Lucas seeks tochange the zoning from R-3(Residential Single Family Dwelling) toGC-MD (General follows a violation notice from the Planning Department, indicating that his business "'Lucas Low/nService & Landscaping LL[°lsnotincommpUancevv\th1he[itu'sodopted[odeof Ordinances, This notification came following a report from the Cities Heavy Trash operators that the location was putting |ovvn service debris to the street weekly for pick up. The rezoning request is intended to allow his business to continue operating at this location. If approved, this rezoning could result in "spot zoning"', introducing a high'densitvcornrnercla| use(s) into a predominantly single-family residential area. This includes surrounding properties, such as Lefler Park to the west. The proposed rezoning is not consistent with the Comprehensive Plan for Beaumont and may violate Chapter 211 of the Local Government Code. According to the Comprehensive Plan the property is located within a "Stable Area", which is °ch anzc tenizedh»goodtoexce/lentstructuro/con dYtionsonc/n eig hborhoocstha tare free from blighting influences,such as incompatible lond uses, dilapidatedb and odeteriorated or poor public infrastructure. Vacant parcels which may exist are good to excellent development sites." The existing residential zoning district and single-family homes in the area align with the intent ofthe Comprehensive Plan. Planning Staff recommends denial of this request. Exhibits are attached. PUBLIC NOTIFICATION Notices mailed to property owners 13 Responses in Favor Responses in Opposition LEGAL DESCRIPTION FOR ORDINANCE PURPOSES Being part of Lots ]L Block ]L Comstock Place Addition and part of Block 38i Abstract 50l Thomas GENERAL INFORMATION/PUBLIC UTILITIES PROPERTY OWNER: LOCATION: ZONING:EXISTING PROPERTY -SIZE - EXISTING USES: ZONE- FLOOD HAZARD SURROUNDING USES: NORTH. RR ROW EAST: Residential SOUTH: Residential WEST- City Park STREETS: SANITARY SEWER . JananlU>oLuces JararnU1oLucas 669ORebecca Lane RS (Residential Single Family Dwelling) �I.081ecres Residential/Commercial X—Area determined tobeoutside the 5OO year flood plain. RS(Residential Single Family Dwelling) RS RS RS Stable Area Rebecca Lane —Loca| Street with 60' right-of-way and 2O'pavernentwidth. Comstock Road — Major Co||ector—Urban with GO" righi-of-vvayand 3[Ypavement width. Open ditch G"water line 6"Sanitary sewer line PROPERTY OWNERS NOTIFIED WITHIN FEET JARA IIILLO LUCAS & IR iA OLVERA UMANZOR BLANCA LILLIAN BRIM PAULINE UMANZOR BLANCA L QUIROZ SALOM N IVA CHAVEZ NOEL JAI ''I E PORTILLO JORGE ALFREDO &I ALBA S SHACIELFRD DNALD L BEY RUFRD HA VTH RNE CHERYL & RAYMOND CITY OF BEAUNT CITY OF BE U ONT MARQUEZ GUMESINDOSANCHE BEAVMONT Planning & Community Development Case Type:Planning and Zoning Case Sub Type: Rezone Case #: PZ2025-25 Location: 6690 REBECCA LN, BEAUMONT, 77708 Individuals listed on the record. - Applicant Jaramillo Lucas 6690 Rebecca Lane Beaumont, TX 77708 Property Owner Jaramillo Lucas 6690 Rebecca Lane Beaumont, TX 77708 Agent Ricardo Alvarez 3012 Glendwood Beaumont, TX 77705 Case Status: REVIEW Tag Name: Rezone - RS to GCMID Initiated On: 1/28/2025 2:00:29PM Home Phone: (409) 351-0933 Work Phone: Cell Phone: (409) 351-0933 E-Mail- alvarez.t-ei-nodeling2871@giiiall.coiii Home Phone: (409) 351-0933 Work Phone: Cell Phone: (409) 351-0933 E-Mail: alvarez.reiiiodeling2871@gtnaii.coiii Home Phone: (409) 225-7582 Work Phone: Cell Phone: (409) 225-7582 E-Mail: alvarez.remodeling2871@?gmail.com Legal Description COMST OC K PLACE L 1 BLS I M EE NTZEN BIOS PT E 1.0818 AC Number of Acres 1.08 Proposed Use Cornmercial Lawn and Landscaping Notes: Case Type: Planning and Zoning Page 1 of 1 Case 4- PZ2025-25 Printed On: 2/412025 THE BRINKLEY LAW FIRMS P.C. P. DEAN BRINKLEY 2905 ToA BEAUMONT, TEXAS 77703 TELEPHONE 409.835.5800 FAcsiNiILE 409.835.5880 Writer Email: dbrinkley@etclaw.com January 28, 2025 SENT VIA: Online Submittal Deini Engnian City of Beauniont, Texas Plaiming & Zoning Division 801 Main Street Suite 201 Beaumont rFexas 77701 Rezone Application — Residential to Continei-cial Re- Jaramillo Lucas, current owner Ricardo Alvarez, agent for Mr. Lucas Lucas Lawn Service & Landscaping LLC 6690 Rebecca Lane Beaumont, Texas 77708 Account Number: 23 696 lnspection Date: 11 /22/24 Case Number- CZN2024-6440 Dear Ms. Engiiian, We represent Mr. Jaramillo Lucas in this matter. This letter is sent as part of a Rezone Application subnutted by the above party. Tliaiik you. for taking the time to read this letter. Mr. Lucas is the owner and operator of Lucas Lawn Service & Landscaping LLC. This Rezone Application pertains to the operation of this business at 6690 Rebecca Lane, Beaumont, Texas 77708. We are submitting this Rezone Application before the deadline of JaIlLtat-y 29, 2025, ill order for this to be considered by the Planning Coinniission at its next niceting oil February 24, 2025. On November 22., 2024, Lucas Lawn Set -vice & Landscaping LLC received a letter from Inspector Lewis of the City of Bcaumont Planning & Zoning Division pertaining to an inspection cif this property. This letter informed Mr. Lucas that his business was in violation of the Beaumont Code of Ordinanecs Section 28.03.023(a), "Operating Illegal Zone Use," apparently for operating a business in an area zoned for residential use. Accordingly, we are submitting this Rezone Application, requesting that the zoning designation for this subject address and business operating on sense be changed from residential to commercial use,, to accommodate the operation of this business as a commercial entity on this property and to allow this business to be in con-ipliance witli the Be(auniont Code of Ordinances. The rec-isoii for this requested change is that the owner of this business wishes to run this cominercial entity from this property, which is adjacent to his residence. This lawn service and landscaping bLISilICSS is professionally maintained and operated., with minimal invasiveness to the area. This business is registered with the Texas Secretary of State as a Texas Domestic Limited Liability Con-ipany under their File Number 0904996038, with a classification of "Lands capin. g., 131) and is in good standing. This business is a credit to the community and provides a valuable Service and tax income to the Beaumont, Texas community. The legal description of this property is "COMST OCK PLACE L I BLIP I MEENTZEN BR OS PT E 1.0818 AC.5� The i1rietes and bounds description of this property is as follows: "'Being a 1.0818 Acre Tract or Parcel of Land out of and part of Lot Number One (1), in Block Number One (1), of COMSTK PLACEADDITION, a subdivision of Beaumont, Jcffcrson County, Texas, as recorded in Volume 10, Page 93, Map Records., Jefferson County, Texas, also being out of and part of Block 38 of the Subdivision of the south Half of Thomas Pears League, Abstract No. 50, and also being that certain triangular tract of land as conveyed by James Stanley Keys and wife, Linda B. Keys to Irvin Lee Jolinson and wifc, Ann Johnson as recorded in Volume 1785, Page 162, Deed Rccords, Jefferson County, Texas and also being a portion of that certain tract of land as conveyed to Don Streety, as recorded in Volume 1080, Page 267, Deed Records, Jefferson County, Texas, said 1.0818 acre tract of land being more particularly described as follows: Note: All bearings are based on the North line of Comstock Place as North 90 degrees 00 min. 00 sec EAST as recorded on the plat of said subdivision. BEGINNfNG at a V iron rod found for corner, said comer being the Southwest corner of the said Lot I, Block I of the aforcincntioncd Comstock Place, said corncr also bcing the intersection. of the East right-of-way line of Coinstock Road (based on a 60 feet right-of-way width) and the North right-of-way line of Rebecca La (based on a 60 feet right-of-way width); 2 THENCE NORTH 00 degrees 07 min 09 see EAST along and with the East right- of-way fine of Conistock Road and the WEST line of the said Lot 1, PaSSing a '/2 iron rod found for the Northwest corner of the said Lot I at a distance of 107.95 f eet, continuing along and with the East right-of-way line of Comstock Road for a total distance of 457.06 feet, to a 5/8" iron rod set for corner, said corner being in the West right-of-way line of the G.B. & K.C.R.R. Company (Santa Fe) (based on a 100 feet right-of-way width); THENCE SOUTH 32 deg 32 inin 15 sec EAST along and with the West right-of- way fine of the G.B. & K.C.R.R. Company (Santa Fe) for a distance of 414. 10 feet to a '/2" iron rod found for corner said corner also being the most Northeast corner of Lot 3, Block I of the said Comstock Place; THENCE SOUTH 89 deg 58 min 05 sec West, along and with the North line of Lot 3 and Lot 2, 131ock I of the said Conistock Mace, for a distance of 148.54 feet, to a 5/8" iron rod bent foi- corner, said corner being the Northeast comer of the said Lot l and the Northwest comer of the said Lot 2; THENCE SOUTH 00 deg 0 1 min 07 see EAST, along and with the East line of the said Lot I and the West line of the said Lot 2, for a distance of 108. 18 feet, to a 1/2" iron rod found for corner, said corner being the Southeast comer of the said Lot I and the Southwest corner of the said Lot 2 and being in the North right-of-way litre of Rebecca Lane; THENCE NORTH 89 deg 45 inin 45 sec WEST along and with the South line of the said Lot I and the North right-of-way line of Rebecca Lane, for a distance of 75.17 feet to the POINT OF BEGfNNfNG and containing 1.0818 acres, more or less." This application pertains to the above -described prol)erty and all improveiiients within said property. Per your Instructions for Rezone Application, a valid email addresses, mailing addresses and phone numbers for each party on the application are as follows- Jaramillo Lucas,, Applicant and Owen Email address — None Mailing address — 6690 Rebecca Lane Beauniojit,Texas 77708 Phone number — (409) 351-09,33 Ricardo Alvarez, Agent for Mr. Lucas- Email address — alvarez. reino del i ng2 8 71@gniail.com Mailing address — 3012 Glcndwood Beaumont, Texas 77705 Phone number (4o 225-7582 3 Thai -Lk you for your consideration of this matter. If you havc any questions about this application, please do not hesitate to contact Mr. Alvarez or me at any time. PDB/rg S incerely, P. Dean. Brinkley /s/ 1� Dean Brinkley ATTORNEY FOR JARAMILLO LUCAS 0 PZ2025-25: Request for approval of a Rezoning of a R-S (Residential Single- Family Dwelling) zoning district to a GC -MD (General Commercial Multiple - Family Dwelling) zoning district. Applicant: Jaramillo Lucas Location: 6690 Rebecca Lane 0 200 Feet