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HomeMy WebLinkAbout2382-ZDATE: May 20, 2019 TO: Planning Commission and City Council FROM: Chris Boone, Director of Planning and Community Development SUBJECT: Consider a request for a rezoning from RM -H (Residential Multiple Family Dwelling - Highest Density) to RS (Residential Single - Family Dwelling). FILE: 2382 - Z A. Huston Properties, L.L.C., is requesting a rezoning of Lots 14 thru 23, Block 24, The Meadows, Phase 3, as well as a drainage easement and Tract 106, A. Huston League Survey, located just south of 9195 Dishman Road. The Meadows, Phase 3, just recently completed construction and was filed for record. As plans were submitted for the development of these newly platted lots, builders quickly became aware that those lots in RM -H (Residential Multiple Family Dwelling - Highest Density) zoning, were not entitled to the same reduced setback exceptions as those in RS (Residential Single -Family Dwelling) zoning. This rezoning is intended to address that issue and provide consistent zoning for the entire Meadows residential subdivision. Staff recommends approval 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 Lots 14-23, Block 24 and Lot A T (an 85' drainage easement), The Meadows, Phase Three West and Tract 106, A. Huston Survey, Ab 33, Beaumont, Jefferson County, Texas, containing 8.129 acres, more or less. APPLICANT: A. Huston Properties, L.L.C. PROPERTY OWNERS: A. Huston Properties, L.L.C., Homes Construction, L.L.C., Lopez Framing, Inc., Daniel Daigle & Layne Wilson. LOCATION: 9135 - 9180 Chicory Street and parcels to the southeast & south. EXISTING ZONING: RM -H (Residential Multiple Family Dwelling - Highest Density). PROPERTY SIZE: 80129 acres, more or less EXISTING LAND USES: Vacant FLOOD HAZARD ZONE: X — Area determined to be outside the 500 year floodplain. SURROUNDING LAND USES: SURROUNDING ZONING: NORTH: Residential RM -H (Residential Multiple Family Dwelling - Highest Density). EAST: Residential RS (Residential — Single Family) SOUTH: Residential RS WEST: Commercial RS COMPREHENSIVE PLAN: Neighborhood Growth Unit STREETS: Chicory St — local street with a 50' right-of-way and 27' pavement width. DRAINAGE: Curb & gutter WATER: 6" water line SANITARY SEWER SERVICE: 6" Sanitary sewer line. PROPERTY OWNERS NOTIFIED WITHIN 200 FEET A HUSTON PROPERTIES LLC CUSTOM HOMES BY KORRY LLC DAIGLE DANIEL EXALTING THE SAVIOR MINISTRIES LLC HOUSTON A PARTNERSHIP JBA HOMES CONSTRUCTION LLC JUST INVESTMENTS LLC LOPEZ FRAMING INC RIDGEWOOD CHURCH OF CHRIST APPLICATION FOR AMENDMENT OF THE ZONING ORDINANCE BEAUMONT, TEXAS (Chapter 28, City Codes) TO: THE PLANNING COMMISSION AND CITY COUNCIL, CITY OF BEAUMONT, TEXAS APPLICANT'S NAME AND ADDRESS: A. Huston Properties, LLC APPLICANT'S PHONE #: 409-833-1461 FAX #: NAME OF OWNER: A. Huston Properties, LLC ADDRESS OF OWNER: P.O. Box 3111, Beaumont, TX 77704 LOCATION OF PROPERTY: Southeast corner of Keith Rd. and Dishman Rd. LEGAL DESCRIPTION OF PROPERTY: LOT NO._1 4 '1,f' f AT (9R BLOCK NO. 7z ADDITION The Meadows Ph.3 NUMBER OF ACRES TRACT 1G SURVEY A. Huston League, A-33 NUMBER OF ACRES 8.129 Acres For properties not in a recorded subdivision, submit a copy of a current survey or plat showing the properties proposed to be changed, and a complete legal field note description. CURRENT ZONING DISTRICT: RMH ZONING DISTRICT REQUESTED:_ RS HAS THE REQUEST BEEN MADE BEFORE? No IF SO, DATE: ACTION: SUBMIT A LETTER STATING REASONS FOR REQUEST. ATTACH THE APPROPRIATE APPLICATION FEE: LESS THAN 1/2 ACRE...........................................................$250.00 1/2 ACRE OR MORE AND LESS THAN 5 ACRES.............$450.00 5 ACRES OR MORE...............................................................$650.00 I HEREBY ACKNOWLEDGE THAT THE APPLICATION IS MADE FOR THE REQUESTED DISTRICT OR A MORE RESTRICTIVE DISTRICT. 4M SIGNATURE OF APPLICANT:' —DATE:% SIGNATURE OF FILE NUMBER: 2,Y2 DATE RECEIVED: 4 - RECEIPT NUMBER: PLANNING DIVISION, ROOM 201 CITY HALL, 801 MAIN STREET BEAUMONT, TX 77701 P.O. BOX 3827 77704 (409)880-3764 FAX (409) 880-3133 i- 5/7/2019 Mail - Adina Josey - Outlook IMG_0420 jpeg Martin Broussard <broussardmartin@gmail.com> Tue 5[7/2019 9:06 AM To: Adina Josey <Adina.Josey@ Beau montTexas.gov> This is an external e-mail and not from the City of Beaumont. Please validate this e-mail before responding to or Opening/Clicking on any request from this external source. If you suspect this is a malicious e-mail - i.e. Sent from my iPhone id delete it from your e-mail list. https:lloutlook.office.com/mail/inbox/id/AAMkADAzODk2YzlkLTc4ZjQtNGQ5NyO5NjdmLTA4NmJlMjBjNTAwNABGAAAAAADLNNapnQn %2BTozPZzLz... 111 5/7/2019 Meadows Martin Broussard <broussardmartin@gmail.com> Tue 5/7/2019 9:43 AM To: Adina Josey <Adina.Josey@ Beau montTexas.gov> Mail - Adina Josey - Outlook This is an external e-mail and not from the City of Beaumont. Please validate this e-mail before responding to or Opening/Clicking on any request from this external source. If you suspect this is a malicious e-mail - i.e. Phishing/Spoofing - forward it to IT.EXternalAlerts@BeaumontTexas.gov and delete it from your e-mail list. .Qt AL tr, Z. Sent from my iPhone https:lloutlook.office.com/mail/inbox/id/A`AMkADAzODk2YzlkLTc4ZjQtNGQ5NyO5NjdmLTA4NmJlMjBjNTAwNABGAAAAAADLN NapnQn °/`2BTozPZzLz... 1 /1 5/7/2019 Mail - Adina Josey - Outlook Fwd: Rezoning Signature Martin Broussard <broussardmartin@gmail.com> Tue 5/7/2019 9:15 AM To: Adina Josey <Ad ina.Josey@ Bea umontTexas.gov> Martin Broussard LeaseA"entAll, Inc. 900 Fannin Beaumont, TX 77701 409 833-1461 409 833-0207 Fax 409 553-2276 Cell broussardmartinft ail,com Begin forwarded message: From: Daniel Daigle <jddaigle04@yahoo.com> Subject: Rezoning Signature Date: May 7, 2019 at 9:09:08 AM CDT To: broussardmartin@gmail.com e Meadows: I approve the rezoning of Thanks Daniel Daigle This is an external e-mail and not from the City of Beaumont. Please validate this e-mail before responding to or Opening/Clicking on any request from this external source. If you suspect this is a malicious e-mail - i.e. Phishing/Spoofing - forward it to IT.ExternalAlerts@BeaumontTexas.gov and delete it from your e-mail list. https://outlook.office.com/mail/inbox/id/AAMkADAzODk2YzlkLTc4ZjQtNGQ5NyO5NjdmLTA4NmJlMj BjNTAwNABGAAAAAADLN NapnQn %2BTozPZzLz... 1 i1 5/7/2019 Mail - Adina Josey - Outlook Re: Meadows Martin Broussard <broussardmartin@gmail.com> Tue 5/7/2019 10:58 AM To: Adina osey@Beau montTexas.gov> We oC�,>tnd sold. I thou ilson with Spindletop Builders was doing the rezoning for his lot 17 on his own. Is his application consent enough or do I need a letter from him? .Martin Broussard LeaseA"ent 411, Inc. 900 Fannin Beaumont, TX 77701 409 833-1461 409 833-0207 Fax 409 553-2276 Cell broussardmaLtz:n@gmail.com On May 7, 2019, at 10:52 AM, Adina Josey<Adina.Josey_@BeaumontTexas.gov> wrote: I'm not sure what you mean? The application you submitted was for lots 14-13, block 24. 1 need permission from the owners of all of those lots. Right now I think all I'm missing are lots 17, 18 and 22. Adina Josey, CFM Senior Planner I Floodplain Administrator Telephone: 409-880-3764 Email: Adina.Josey_@beaumonttexas.gov <Outlook -1497295763. png> "The information contained in this transmission may contain privileged and confidential information. It is intended only for the use of the person(s) named above. If you are not the intended recipient, you are hereby notified that any review, dissemination, distribution or duplication of this communication is strictly prohibited." From: Martin Broussard <broussardmartinta@gmail.com> Sent: Tuesday, May 7, 2019 8:48 AM To: Adina Josey Subject: Re: Meadows Correct. I think I have gotten all the emails except for Spindletop but he is rezoning on his own so you have his consent correct? Martin Broussard Lease.4&RentA11, Inc. 900 Fannin Beaumont, TX 77701 409 833-1461 409 833-0207 Fax 409 553-2276 Cell broussardn:artin@gmaiLcom On May 7, 2019, at 8:07 AM, Adina Josey<Adina.Josey-@BeaumontTexas.gov> wrote: Keep in mind, I just need the owners of Lots 14-23, Block 24, Phase 3. https://outlook.office.com/mail/inboxlid/AAMkADAzO Dk2YzlkLTc4ZjQtNGQ5NyO5NidmLTA4N mJ lMjBjNTAwNABGAAAAAADLNNapnQn %2BTozPZzLz... 112 5/7/2019 Mail - Adina Josey - Outlook Adina Josey, CFM Senior Planner) Floodplain Administrator Telephone: 409-880-3764 Email: Adina.Josey_@beaumonttexas.gov <Outlook-1497295763.png> "The information contained in this transmission may contain privileged and confidential information. It is intended only for the use of the person(s) named above. If you are not the intended recipient, you are hereby notified that any review, dissemination, distribution or duplication of this communication is strictly prohibited." From: Martin Broussard <broussardmartin@gmail.com> Sent: Monday, May 6, 2019 5:01 PM To: Adina Josey Subject: Meadows To the City of B ort I am the owne of Lots 19, 23 d 24, Block 24 of the Meadows. I approve the rezoning of my lot from Multifami o Sin le F ily. Sincerely, Martin Broussard A. Huston Properties LLC Martin Broussard LeaseA"entAll, Inc. 900 Fannin Beaumont, TX 77701 409 833-1461 409 833-0207 Fax 409 553-2276 Cell broussardmardn@gmaiZcom This is an external e-mail and not from the City of Beaumont. Please validate this e-mail before responding to or Opening/Clicking on any request from this external source. If you suspect this is a malicious e-mail -Le. Phishing/Spoofing -forward it to IT.ExternalAlerts@BeaumontTexas.gov and delete it from your e-mail list. This is an external e-mail and not from the City of Beaumont. Please validate this e-mail before responding to or Opening/Clicking on any request from this external source. If you suspect this is a malicious e-mail - i.e. Phishing/Spoofing - forward it to IT.ExternalAlerts@BeaumontTexas.gov and delete it from your e-mail list. This is an external e-mail and not from the City of Beaumont. Please validate this e-mail before responding to or Opening/Clicking on any request from this external source. If you suspect this is a malicious e-mail - i.e. Phishing/Spoofing - forward it to IT.ExternalAlerts@BeaumontTexas.gov and delete it from your e-mail list. https:lloutlook.office.com/mail/inbox/id/AAMkADAzODk2YzlkLTc4ZjQtNGQ5NyO5NjdmLTA4NmJ]MjBjNTAwNABGAAAAAAD LNNapnQn %2BTOzPZzLz... 2/2 5/9/2019 Fwd: Letter - Spindletop Martin Broussard <broussardmartin@gmail.com> Tue 5/7/2019 1:18 PM To: Adina Josey <Adina.Josey@BeaumontTexas.gov> Sent from my iPhone Begin forwarded message: Mail - Adina Josey - Outlook From: Spindletop <layne@spindletopbuilders.com> Date: May 7, 2019 at 1:14:44 PM CDT To: Martin Broussard <broussardmartin@gmai .com> Subject: Letter - Spindletop Sent from my iPhone This is an external e-mail and not from the City of Beaumont. Please validate this e-mail before responding to or Opening/Clicking on any request from this external source. If you suspect this is a malicious e-mail - i.e. Phishing/Spoofing - forward it to IT.ExternalAlerts@BeaumontTexas.gov and delete it from your e-mail list. https:lloutlook.office.com/mail/inboxiid/AAMkADAzODk2Yz[kLTc4ZiQtNGQ5NvO5N!dmLTA4N mJ]MiBiNTAwNABGAAAAAADLNNar)nQn°/o2BTozPZzLz... 1/2 SCHAU BURG & POLJ<, irvt April 23, 2019 City of Beaumont Planning and Zoning Department P.O. Box 3827 Beaumont, Texas 77704 Attn: Katrina Purcell Re: The Meadows, Subdivision Proposed Rezoning In regards to the above referenced project, enclosed are the following: a.) PDF of "Proposed Rezoning Map" b.) Fieldnote Description (Tract A). c.) Application with Application fee d.) Letter from Owner stating reason for request. e.) Current survey and plat of properties contained in this request. This letter shall serve as a written request for rezoning of the mentioned property. Should you have any questions, do not hesitate to call. Sincerely, SCHAUMBURG & POLK, INC. Troy Whitehead, P. E. Project Manager G:\Subdivision\Meadows\Zoning Maps\City Request Rezone.docx A. Huston Properties, LLC P. O. Box 3111 Beaumont, TX 77704-3111 (409) 832-2521 April 24, 2019 City of Beaumont Planning and Zoning Department Dear Sir or Madam: The undersigned requests a zoning change for 8.219 acres from "RMH to R1. The reason for the change is due to the fact that the current zoning was for the YMCA. A. Huston Properties, LLC donated the tract to the YMCA with the condition that it be used for construction of a YMCA facility. The YMCA failed to build a YMCA facility. When the YMCA failed to build and abandoned their tract, it reverted back to A. Huston Properties LLC. A. Huston Properties LLC has since sold a portion of the YMCA tract to Meadows Church of Christ (but wishes to re -zone the balance of the YMCA tract so that the zoning is consistent with the zoning of the entire Meadows residential subdivision. Respectfully submitted, A. Huston Properties, LLC �,� /�z By: Martin Broussard, Manager 1382-Z: Request for a Rezoning from RM -H (Residential Multiple Family Dwelling - est Density) to RS (Residential Single -Family Dwelling) zoning. icant: A. Huston Properties, L.L.C. tion: Behind 9195 Dishman Road 0 100 200 300 400 1 1 1 1 1 1 Feet