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Home My WebLink AboutPacket DATE: February 24, 2025 TO: Planning Commission and City Council FROM: Demi 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 Dwelling) or a more restrictive district. FILE: PZ2025-25 STAFF REPORT Property Owner Jaramillo Lucas, is requesting a rezoning for the 1.08- acre property at 6690 Rebecca Lane, located at the intersection of Rebecca Lane and Comstock Road. Mr. Lucas seeks to change the zoning from R-S (Residential Single Family Dwelling)to GC-MD (General Commercial Multiple— Family Dwelling) District. This request follows a violation notice from the Planning Department, indicating that his business "Lucas Lawn Service & Landscaping LLC"is not in compliance with the City's adopted Code of Ordinances. 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-density commercial 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 "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." The existing residential zoning district and single-family homes in the area align with the intent of the 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 1, Block 1, Comstock Place Addition and part of Block 38, Abstract 50, Thomas Pears League Survey, Beaumont, Jefferson County, Texas containing 1.081 acres more or less. GENERAL INFORMATION/PUBLIC UTILITIES APPLICANT: Jaramillo Lucas PROPERTY OWNER: Jaramillo Lucas LOCATION: 6690 Rebecca Lane EXISTING ZONING: RS (Residential Single Family Dwelling) PROPERTY SIZE: —1.081 acres EXISTING LAND USES: Residential/Commercial FLOOD HAZARD ZONE: X—Area determined to be outside the 500 year flood plain. SURROUNDING LAND USES: SURROUNDING ZONING: NORTH: RR ROW RS (Residential Single Family Dwelling) EAST: Residential RS SOUTH: Residential RS WEST: City Park RS COMPREHENSIVE PLAN: Stable Area STREETS: Rebecca Lane— Local Street with 60' right-of-way and 20' pavement width. Comstock Road —Major Collector—Urban with 60' right-of-way and 30' pavement width. DRAINAGE: Open ditch WATER: 6" water line SANITARY SEWER SERVICE: 6" Sanitary sewer line PROPERTY OWNERS NOTIFIED WITHIN 200 FEET JARAMILLO LUCAS& IRMA OLVERA UMANZOR BLANCA LILLIAN BRIM PAULINE UMANZOR BLANCA L QUIROZ SALOMON IVAN CHAVEZ NOEL JAIMES PORTILLO JORGE ALFREDO &ALBA S SHACKELFORD DONALD L BEY BUFORD HAWTHORNE CHERYL& RAYMOND CITY OF BEAUMONT CITY OF BEAUMONT MARQUEZ GUMESINDO SANCHEX& BL.AUMONT Planning & Community Development Case Type:Planning and Zoning Case Status: REVIEW Case Sub Type: Rezone Tag Name: Rezone-RS to GCMD Case#: PZ2025-25 Initiated On: 1/28/2025 2:00:29PM Location: 6690 REBECCA LN, BEAUMONT, 77708 Individuals listed on the record: Applicant Jaramillo Lucas Home Phone: (409)351-0933 6690 Rebecca Lane Work Phone: Beaumont, TX 77708 Cell Phone: (409)351-0933 E-Mail: alvarez.remodeling2871@gmail.com Property Owner Jaramillo Lucas Home Phone: (409)351-0933 6690 Rebecca Lane Work Phone: Beaumont, TX 77708 Cell Phone: (409)351-0933 E-Mail: alvarez.remodeling2871@gmail.com Agent Ricardo Alvarez Home Phone: (409)225-7582 3012 Glendwood Work Phone: Beaumont,TX 77705 Cell Phone: (409)225-7582 E-Mail: alvarez.remodeling2871@gmail.com Legal Description COMSTOCK PLACE L 1 BLK 1 MEENTZEN BROS PT E 1.0818 AC Number of Acres 1.08 Proposed Use Commercial Lawn and Landscaping Notes: Case Type:Planning and Zoning Page 1 of 1 Case#: PZ2025-25 Printed On:2/4/2025 • THE BRINKLEY LAW FIRM, P.C. P.DEAN BRINKLEY 2905 TOCCOA BEAUMONT, TEXAS 77703 TELEPHONE 409.835.5800 FACSIMILE 409.835.5880 Writer Email:dbrinkley@ctclaw.com January 28, 2025 SENT VIA: Online Submittal Demi Engman City of Beaumont,Texas Planning&Zoning Division 801 Main Street Suite 201 Beaumont, Texas 77701 Rezone Application—Residential to Commercial Re: Jaramillo Lucas, current owner Ricardo Alvarez, agent for Mr. Lucas Lucas Lawn Service &Landscaping LLC 6690 Rebecca Lane Beaumont, Texas 77708 Account Number: 23696 Inspection Date: 11/22/24 Case Number: CZN2024-6440 Dear Ms. Engman, We represent Mr. Jaramillo Lucas in this matter. This letter is sent as part of a Rezone Application submitted by the above party. Thank 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 January 29, 2025, in order for this to be considered by the Planning Commission at its next meeting on February 24, 2025. On November 22, 2024, Lucas Lawn Service & Landscaping LLC received a letter from Inspector Lewis of the City of Beaumont Planning &Zoning Division pertaining to an inspection 1 • of this property. This letter informed Mr. Lucas that his business was in violation of the Beaumont Code of Ordinances 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 same 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 compliance with the Beaumont Code of Ordinances. The reason for this requested change is that the owner of this business wishes to run this commercial entity from this property, which is adjacent to his residence. This lawn service and landscaping business 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 Company under their File Number 0804996038, with a classification of"Landscaping," 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 "COMSTOCK PLACE L 1 BLK 1 MEENTZEN BROS PT E 1.0818 AC." The metes 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 COMSTOCK PLACE ADDITION, a subdivision of Beaumont, Jefferson 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 Johnson and wife, Ann Johnson as recorded in Volume 1785, Page 162, Deed Records, 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. BEGINNING at a 1' iron rod found for corner, said corner being the Southwest corner of the said Lot 1,Block 1 of the aforementioned Comstock Place,said corner also being the intersection of the East right-of-way line of Comstock Road (based on a 60 feet right-of-way width) and the North right-of-way line of Rebecca Lane (based on a 60 feet right-of-way width); 2 THENCE NORTH 00 degrees 07 min 09 sec EAST along and with the East right- of-way line of Comstock Road and the WEST line of the said Lot 1, passing a '/2 iron rod found for the Northwest corner of the said Lot 1 at a distance of 107.95 feet, 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 min 15 sec EAST along and with the West right-of- way line of the G.B. &K.C.R.R. Company(Santa Fe) for a distance of 414.10 feet to a 1/2" iron rod found for corner said corner also being the most Northeast corner of Lot 3,Block 1 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,Block 1 of the said Comstock Place, for a distance of 148.54 feet, to a 5/8"iron rod bent for corner, said corner being the Northeast corner of the said Lot 1 and the Northwest corner of the said Lot 2; THENCE SOUTH 00 deg 01 min 07 sec EAST, along and with the East line of the said Lot 1 and the West line of the said Lot 2, for a distance of 108.18 feet,to a %2" iron rod found for corner, said corner being the Southeast corner of the said Lot 1 and the Southwest corner of the said Lot 2 and being in the North right-of-way line of Rebecca Lane; THENCE NORTH 89 deg 45 min 45 sec WEST along and with the South line of the said Lot 1 and the North right-of-way line of Rebecca Lane, for a distance of 75.17 feet to the POINT OF BEGINNING and containing 1.0818 acres, more or less." This application pertains to the above-described property and all improvements 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 Owner: Email address— None Mailing address— 6690 Rebecca Lane Beaumont, Texas 77708 Phone number— (409) 351-0933 Ricardo Alvarez, Agent for Mr. Lucas: Email address— avarez.remodeling2871@gmail.com Mailing address— 3012 Glendwood Beaumont, Texas 77705 Phone number— (409)225-7582 3 Thank you for your consideration of this matter. If you have any questions about this application,please do not hesitate to contact Mr.Alvarez or me at any time. Sincerely, P. Dean Brinkley/s/ By: P. Dean Brinkley ATTORNEY FOR JARAMILLO LUCAS PDB/rg 4 PZ2d25-25: Request for approval of a P^""ning of a R-S (Residential Singl "'amity N Dwelling) zoning district to a GC-MD (C_..eral Commercial Multiple - Fan . Dwelling) zoning district. Applicant: Jaramillo Lucas Location: 6690 Rebecca Lane 0 200 I. 1 I Feet 1 , Legend PZ.2025-25 ...BRACE \, i �- t-: 5 G � 1 ,if . , -- 1 1:_i_l___ k 4 w ; , , , 2:_t_ 1. . .111 yy�fi NOV e \v y ' ' \;::::,4., rt 11:k';''1:ir'.1'.I'..,':ic' /r� II , ROL ND 4p!<‘,(4, N " < ,.� <DORIS m 11111& �� 71 t, C 1111111111Nk ,,, tf . LARRY "� p P PI - P O H ®t ___ go A WOODLAND PARK `'y EH H HM N\ iliii1IVI$ Y 44. ' II JANCAR O MAIDA 1 1111�► ' ' . -- VIEQ „�3 11iJiiNii .. LT r