HomeMy WebLinkAboutRequest for New Hearing - Old Voth RoadIM
DATE: November 15, 2004
TO: Planning Commission
FROM: Stephen C. Richardson, Planning Manager
SUBJECT: Request for a new hearing prior to the expiration of the 12 month waiting period as per
Article V, Section 8 (2) of the Planning Commission Bylaws
STAFF REPORT
Bruce Craig is requesting the opportunity for a new hearing on 1.97 acres on Old Voth Road
prior to the expiration of the 12 month waiting period.
On August 16, 2004, Bruce Craig received a zone change from GC -MD to RS for a 1.97 acre
tract of land on Old Voth Road. At that same meeting, lie requested a replat of that property
into 16 single family lots. That replat was denied due to the size and number of lots. On
September 20, 2004, a replat was submitted showing 14 single family lots. That replat was
denied, as well, due to the size and number of lots.
Mr. Craig states that since he was not able to obtain approval of the replat for single family use,
lie would like to make application to rezone the property back to GC -MD.
Article V, Section 8(2) of the Planning Commission Bylaws allows the Planning Commission
to consider a request for a waiver of the 12 month waiting period subject to the applicant
providing a written request with pertinent facts which the Planning Commission deem
sufficient to warrant a new hearing.
Exhibit is attached.
ADAM'S STORAGE LP
650 INTERSTATE 10 SOUTH
BEAUMONT, TX 77707
PHONE 409/842-5800 FAX 409/842-6023
November 4, 2004
City of Beaumont
Planning Commission
P. 0. Box 3827
Beaumont, TX 77704-3827
Re: Tract A and Lots 1-6, Block 2, Suburban Acres Addition
Dear Planning Commission:
We submitted an Application to the Planning Commission for a replat of the above lots and a zoning
change front GC -MD to R. On August 16,2004, the Planning Commission voted to deny the replat
into 16 single family lots due to the size of the lots (even though they exceed the minimum requirements
by the City). It was indicated that we should revise the plat and make the lots larger. However, they
did approve the rezoning request. At the time I had no idea that the rezone portion of my request
would move forward without the replat portion of my request. To me, it was an "all or none" request.
Without my knowledge, the zone change portion was forwarded to the City Council, and on August 24,
2004, the City Council approved a zone change for the above property from GC -MD District to RS
District. We did revise the replat and made the lots larger, and on September 20,2004, we presented it
to the Planning Commission, which again denied our request for the replat into 14 single family lots.
I had asked for the zone change simultaneously with the replat on my original application, and it was
recommended for approval by the City staff, because we had met or exceeded all of the requirements.
No one, including City staff, could foresee a problem with what we were trying to do. However, that
was not the case. Because of the circumstances, half of my request was approved and went to the next
level (City Council), but the other half had to be reconsidered by Planning & Zoning Commission again
at the next meeting. After I reduced the number of lots to 14, the Planning Commission again voted
down my replat, so the City Council never got to consider my 14-lot replat of the existing large lots.
Since we were not able to obtain simultaneous approval to develop this land into at least 14 single family
lots as proposed, we have determined that it is not feasible as is, and I am respectfully requesting that
the City Council reverse the RS zone change and return this property back to GC -MD. Enclosed is a
copy of the plat with the area to be reversed back to GC -MD highlighted in yellow.
City of Beaumont
Planning Commission
November 5, 2004
Page Two
According to the Planning Commission Bylaws, Section 8, U2, 1 have very unusual circumstances, and I
have done everything required for you to be able to act on this. I appreciate in advance your
consideration and approval of my request.
Sincerely,
A LJ'rl�
Bruce A. Craig
BAC/Im
Enclosure