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HomeMy WebLinkAbout1698-ZW1 DATE: December 15,2003 TO: Planning Commission and City Council FROM: Stephen C. Richardson, Planning Manager SUBJECT: Request for a zone change from RM-H (Residential Multiple Family Dwelling -Highest Density) to GC -MD (General Commercial -Multiple Family Dwelling) District or more restrictive district. FILE: 1698-Z STAFF REPORT The Planning Manager recommends approval of this request. The multiple owners of these properties are requesting a zone change to GC -MD for the purpose of selling these properties for commercial development. Randall Creel, who is representing the property owners in this request, states that previous attempts to sell these properties with the RM-1-I zoning have been futile. However, no specific plans have been submitted. That portion of the subject property that is located between Phelan and Calder is abutted by GC -MD zoning to the east and west. On the north side of Phelan, the property is zoned RM-H but is commercially developed. Over the years, specific use permits have been granted to allow office uses. The subject property that is south of Calder is separated from the townhomes to the west by an 80'wide DD#6 drainage ditch and from the townhoines to the east by Pinchback Road. Apartments do abut a portion of the subject property along its southern boundary. Any commercial development would require an Wtall wood screening fence and I O'wide landscape buffer along any adjacent residentially zoned property. The Comprehensive Plan designates this area as a "Community Center". So designated, uses such as community shopping centers, satellite health clinics, high schools, churches, office complexes, community recreational facilities and higher density residential development are appropriate. This rezoning request would conform to the Comprehensive Plan. Exhibits are attached. PUBLIC NOTIFICATION Notices mailed to property owners 79 Responses in Favor . Responses in Opposition LEGAL DESCRIPTION FOR ORDINANCES PURPOSES T I ract 1: Being a 2.3642 acre tract of land but of and a part of the C. Williams Survey, Jefferson County, Texas, being also out of and a part of the 11.46 acre. Lot 7, Weiss Park Subdivision described in a deed from S.L. Guinn to W.J. Thiac recorded in Volume 229, Page 294 of the Deed Records, being also out of and a part of that 5 acre tract described as the "First" tract in a deed from Beaumont Building and Loan Company to Paul T. Petit recorded in Volume 615, Page 72 of the Deed Records, and being more particularly described as follows: BEGINNING at the Northeast corner of said Lot 7, of Weiss Park Subdivision, said corner being the intersection of the South Line of Calder Road with the West Line of Pinchback Road (formerly Ray Street), said corner being also South 36.6' from the centerline of pavement of said Calder Road; THENCE with the West Line of said Pinchback Road. . South 297.8 feet to a 1/2 inch steel pin for comer, said corner being the Northeast corner of a tract of land reserved by Dr. Paul T. Petit; THENCE with the North Line of said Petit tract North 880 28' West 269.8 feet to a V2 inch steel pin for comer, said comer being in the West Line of said Lot 7 of Weiss Park Subdivision, an old fence bears West 5.0 feet. THENCE with the West Line of said Lot 7, North 30 25' West parallel to and approximately five feet from said old fence, 390.9 feet to a point for corner, said corner being South 3' 25' East 30.2 feet from the centerline of said Calder Road; THENCE with the South Line of said Calder Road, as follows; South 86' 50' East 163.77 feet, THENCE South 55' 02' East 158.0 feet to the PLACE OF BEGINNING and containing 2.3642 acres of land more or less. Tract 2: BEGINNING at a galvanized pipe which marks the intersection of the North line of Calder Avenue and the West line of Matthews Street in the Charles Williams Survey, Beaumont, Jefferson County, Texas, said pipe being located North 00, 19* 30" East. a distance of 230.86 feet measured along the East line of and from the Southeast corner of the certain tract of land described in Vol. 332, page 406, Deed Records, Jefferson County, Texas, said beginning corner being the Southeast corner of the tract herein described; THENCE North 000 19'30' East along the West line of Matthews Street, a distance of 571.20 feet to a galvanized pipe for comer in the South line of the abandoned Missouri Pacific Railroad Company right-of-way; THENCE South 80' 50' 30" West, along the South line of said right-of-way, a distance of 164.28 feet to a galvanized pipe for corner; THENCE South 00' 19' 30" West, a distance of 530.69 feet to a galvanized pipe for comer in the North line of Calder Avenue; THENCE South 84' 55' 43" East, along the North line of Calder Avenue, a distance of 162.47 feet to the place of BEGINNING, containing in area 2.049 acres of land, more or less. Tract 3: BEING two tracts of land out of the Charles Williams Survey, Abstract 59, located along and adjacent to the Calder Avenue between Mattews Street and Shakespeare Drive in Beaumont, Jefferson County, Texas, the two tracts of land being the same tract of land referred to as the West one-half of the Frank Seagraves Tract" as described in Volume 332, page 406, Deed Records Jefferson County, Texas, SAVE AND EXCEPT that part of said Seagraves Tract occupied by Calder Avenue and SAVE AND EXCEPT the Nvest 40.00' of each tract which has heretofore conveyed to the Jefferson County Drainage District No. 6 as recorded in Volume 1288, Page 76, Deed Records, Jefferson County, Texas, the said two parcels to be conveyed as described by metes and bounds as follows: TRACT ONE: BEGINNING at an iron rod which marks the southeast corner of the tract herein described, said beginning comer being the southwest corner of a tract of land heretofore conveyed to A.J. Fiorenza, said beginning corner being in the south line of the Seagraves Tract and located South 89 Degrees, 6 minutes and 34 seconds West. a distance of 163.58 feet measured along the south line of and from the southeast corner of the said Seagraves Tract; THENCE South 89 degrees 6 minutes 34 seconds West continuing along the south title of the Seagraves Tract, a distance of 126.47 feet to an iron pipe for corner in the east line of the aforementioned Drainage District No. 6 Tract; THENCE North 00 degrees 8 minutes 34 seconds East, along the east line of the Drainage District Tract, a distance of 195.40 feet to an iron pipe for corner in the south line of Calder Avenue, a 60.00 foot wide road right-of-way. THENCE South 85 degrees, 56 minutes and 339 seconds East, along South line of Calder Avenue, distance of 127.21 feet to an iron rod for corner at the northwest corner of the aforementioned Fiorenza Tract; THENCE South 00 degrees, 17 minutes and 12 seconds West along the west line of the Fiorenza Tract, a distance of 184.44 feet to the place of beginning containing in area; 0.552 of an acre of land, more or less. TRACT TWO: BEGINNING at an iron rod which marks the southeast corner of the tract herein described, said beginning comer also being the southwest comer of a tract of land heretofore conveyed the A.,J. Fiorenza, said beginning corner being located North 00 degrees 17 minutes and 12 seconds east, a distance of 60.20 feet from the corner of Tract one; THENCE North 85 degrees 56 minutes and 39 seconds West, along the north line of Calder Avenue, a distance of 127,36 feet of an iron pipe for corner in the east line of the afore mentioned Drainage District Tract; THENCE North 00 degrees 8 minutes and 34 seconds, East, along the east line of the Drainage District Tract, a distance 498.55 feet to an iron pipe for comer in the south line of the abandoned Missouri Pacific Railroad Company right-of-way; THENCE along the south line of said right-of-way along the arc of a curve, a distance of 130.16 feet to an iron pipe for comer at the northwest of the aforementioned Fiorenza Tract, the radius of said curve being 5,754.60 feet with a central angle of 01 degrees 17 minutes and 45 seconds; THENCE South 00 degrees 17 minutes and 12 seconds West, alonL, the west line of the Fiorenza Tract a distance of 528.61 feet to the place of beginning, containing in area, 1,505 acres of land, more or less. LESS AND EXCEPT THE FOLLOWING TRACT OF LAND: BEING a 0.135 acre tract of land in the C. Williams Survey, Abstract No. 59 in Beaumont, Jefferson County, Texas and being out of those certain two tracts of land, the first being a 1.505 acre tract of land described as Tract No. 2 in deed from Peter -D Johnson to Mary Ann Fiorenza dated April 11, 1980 and recorded in Vol. 2227, Page 381 of the Deed Records of Jefferson County, Texas and the second being a 2.049 acre tract of land described in deed from Nellie B. Brown to A. J. Fiorenza dated April 18, 1973 and recorded in Vol. 1779, Page 255 of the Deed Records of Jefferson County, Texas and said 0.135 acre of land being more particularly described by metes and bounds as follows: BEGINNING at the intersection of the East line of the Amelia Cut off drainage ditch (80 foot right of way) and the South line of that certain 50 foot right of way conveyed in deed from the Missouri Pacific Railroad Company to the City of Beaumont dated December 31, 1960 and recorded under the County Clerk's File No. 597774 in the Deed Records of Jefferson County, Texas and locating the Northeast corner of that certain 40 foot wide strip of land described ill deed from Grover Seagraves to the Jefferson County Drainage District No. 6 dated November 20, 1961 and recorded in Vol. 1288 Page 76 of the Deed Records of Jefferson County, Texas and also located the Northwest comer of said Mary Ann Fiorenza 1.505 acre tract of land and locating the Northwest comer of the tract of land herein described; and the beginning of a nontangen curve concave to the North having a radius of 5754.6 feet, having a central angle of 2 degrees 55 minutes 43 seconds and whose chord bears North 79 degrees 38 minutes 53 seconds East. THENCE in a Easterly direction along the South line of said 50 foot wide right of way conveyed by the Missouri Pacific Railroad to the City of Beaumont and along said curve an arc distance of 294.14 feet to the West line of Matthews Street and also locating the Northeast corner of said A.J. Fiorenza 2.049 acre tract of land. THENCE South 0 degree of 06 minutes 30 seconds West along the West line Of Matthews Street and the East line a said A.J. Fiorenza 2.049 acre tract of land a distance of 20.44 feet to a 5/8 inch iron rod placed in the proposed South right of way line of Phelan Boulevard (100 foot right of way) and the beginning of a nontangen curve concave to the North and concentric to the South line of said 50 foot right of way conveyed by the Missouri Pacific Railroad to the City of Beaumont, having a radius of 5774.6 feet, having a central angle of 2 degrees 54 minutes 53 seconds and whose chord bears South 79 degrees 40 minutes 59 seconds West; THENCE in a Westerly direction along the proposed South right of way line of said Phelan Boulevard and the arc of said curve an arc distance of 293.76 feet to a 5/8 inch rod placed in the West line of said Mary Ami Fiorenza 1.505 acre tract of land and the East line of said 40 foot wide strip of land described in deed from Grover Seagraves to Jefferson County Drainage District No. 6; THENCE North 0 degree 51 minutes 24 seconds West along said Common line a distance of 20.2 feet to the place of beginning and containing 0,135 acres of land. TRACT4: Being a part of the Frank Seagraves, 2.932-acre tract of land out of the McAdams tract in the Charles Williams League in Jefferson County, Texas described as follows: Being a part of those two certain tracts of land conveyed to Peter McAdams by Andrew J. Tevis by deed dated January 9, 1869, and June 28, 1870, and recorded in Vol, 0. page 279 et seq, and in Vol. P, page 78 et seq. Of the Deed Records of Jefferson County, Texas and being that part of the Frank Seagraves tract which lies south of Calder Avenue, the said Frank Seagraves tract being the remaining one-half of the tract of land conveyed to Frank Sea -raves by Robert L. McAdams and wife, Millie McAdams, by deed dated September 25, 1929. recorded in Vol, 332, page 406, of the Deed Records of Jefferson County, Texas after the Nvest one-half of said tract way conveyed by Frank Seagraves to Grover Seagraves by deed dated November 14. 1933. recorded in Vol. 382, page 268, of the Deed Recorded of Jefferson County, Texas, the tract herein conveyed being more particularly described as follows: BEGINNING at a galvanized iron pipe in the West line of the Collier 100-acre tract of land and at the Southeast comer of the Peter McAdams tract of land and the Southeast and BEGINNING comer of the tract of land herein conveyed; THENCE North. 89 degrees 40 minutes. West, 162.04 feet to a galvanized iron pipe for comer, said galvanized iron pipe also locating the Southeast corner of the Grover Seagraves tract of land; THENCE North. 0 degrees 19.5 minutes East, at 183.76 feet, along the south line of Calder Avenue for a comer: THENCE South, 84 degrees 56 minutes East, 162.62 feet, along the south line of Calder Avenue. to the third comer of the tract herein conveyed; THENCE South, 0 degrees 19.5 minutes. West. 17034 feet to the PLACE OF BEGINNING, being 0.658 acres, more or less. TRACT5: BEING out of and a part of a tract of 17 2/10 acres of land in the Charles Williams League lying on the West line of a tract owned by S. Collier, and South of a tract owned by Peter McAdams, with the N.E. comer at the S.E. comer of McAdams tract, and described in the deed of partition between the heirs of Ellen Collier, as Lot No. One (1) of said partition and in the N.E. comer of said tract; BEGINNING at a stake at the N.E. corner of said land PLACE OF BEGINNING, THENCE South 282 94/100 feet, a corner and the N.E. corner of Lot No. T,.vo (2): THENCE West 331 feet to stake for corner and the S.E. corner of Lot No. Eight (8); THENCE North 282 94/100 feet to the North line of said tract, a stake for corner; THENCE East on the North line of said tract 331 feet to the PLACE OF BEGINNING, containing two and one eighth (2 1/8) acres of land, more or less, such property being described in that certain deed executed by Al Owens on July 31, 1905, and recorded in Volume 87, p. 271 of the Deed Records of Jefferson County, Texas, to which reference is made for further description. 82m Gladys Ave., Suite 201 Homestead Reafty Beaumont, TX 77706 wov 8e1f012omce (4oe)nm1'znoyfax November 18,2003 Planning Division, Room 2O5 City Hall, 801 Main Street Beaumont, TX 77701 P.O.Box O827777U4 (408)880-3764 (408)880-3133 Dear Sir o[Madam: . | Randall Creel, Homestead Reo|h/, am submitting this application for the rezoning of properties, shown on the plat being submitted, from the RoskdenUa|K8u|U'hamiiy High -Density zoning, also known as RK4H, to the General Commercial Multi -Dwelling zoning, also known as GC -MD. The purpose of this rezoning is to s8|| this pnzpadv no cornnnemim| property and thereby helping to bring some new businesses to Beaumont. The owners of this property have made previous attempts to sell the property in the current zoning but all were unsuccessful. | believe this was due to the fact that this property in better suited for commercial purposes. If you notice on the rezoning maps, rezoning this property would create a nice uniform stretch of commercial property along the Phelan/Calder corridors there. | believe this would be in the best interest of not only my n||ant; but also to the surrounding community. | appreciate your time and effort in considering our puzpoee| and hope that you can see the potential benefits ofthe petitioned action for all parties affected, Randall A. CreelU Homestead Realty W4.4 two 4 IF all - FILE 1698-Z: A request for a zone change from RM-H (Residential Multiple Family NORTH Dwelling -Highest Density) District to GC -MD (General Commercial -Multiple Family Dwelling) District or a more restrictive district. Location: Extending from the south side of Phelan to south of Calder and from west of SCALE Mathews and Pinchback to the east side of the DD#6 Amelia Cutoff Ditch 1"=200' Applicant: Randall A. Creel H LOTI 1� �14 �p EE to §1 A I 'INNNIN, gflt! ISIIIII *1 CIN 's 'N All,11 to 0 I ME 13OULEVARD PlIBLAN o Ion gel T 86 f I TRACT 3-2 94 2-0000i-OMW i IN94 AM$ 1-5W AOtES I Ix zi ice' l < — — — — — — — — — — — — — — ------- AVENUE �+awirrlysrwr \ Syr TRACT 3 1 Own AM TRACT 94-A 01U." AOM � Q � f � i ` ifjj I ' 99 2-ZO43100,C4 $A 0 A� 1 / � I TRACT 5 zisco AMS u Z 04 - 3pw GENERAL INFORMATION/PUBLIC UTILITIES APPLICANT: Randall A. Creel, 11 PROPERTY OWNERS: Mary Ann Fiorenza, Gaylord W. Ford, Jr., Patricia Ford LOCATION: Extending from the south side of Phelan to south of Calder and from west of Mathews and Pinchback to the cast side of the DD96 Amelia Cutoff Ditch EXISTING ZONING: RM-H (Residential Multiple Family Dwelling - Highest Density) District PROPERTY SIZE: 9.2532 acres, more or less EXISTING LAND USES: Vacant FLOOD HAZARD ZONE: "X" (shaded) - Areas of 500-year flood, "X"- Areas determined to be outside 500-year floodplain SURROUNDING LAND USES: SURROUNDING ZONING: NORTH: Commercial Rini-H (Residential Multiple Fain i ly-Higlicst Density Dwelling) District EAST: Residential, Assisted living facility RM-H, GC -MD (General Commercial -Multiple Family Dwelling) District SOUTH: Vacant, residential RM-1-1 WEST: Residential, vacant RM-11, GC -MD COMPREHENSIVE PLAN: Community Center OTHER PHYSICAL FEATURES: None STREETS: Phelan Boulevard - major arterial with a 100' wide right-of-way and 37' pavement width; Calder Avenue - major collector with a 60' wide right-of-way and 23' pavement width; Pinchback Road - local street with a 50'wide right-of-way and 20'pavement width GENERAL INFORMATION/PUBLIC UTILITIES continued DRAINAGE SANITARY SEWER SERVICE: FIRE PROTECTION: P016111 ISSUES= Phelan Boulevard - curb and gutter Calder Avenue - open ditch Pinchback Road - open ditch 2" and 6" water lines 81f, 1211, 301f, 6611 sanitary sewer lines Fire protection is provided by Station #6, 1880 Major Drive. Services are adequate.