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HomeMy WebLinkAbout1697-ZPUVA DATE: November 17,2003 TO: Planning Commission and City Council FROM: Stephen C. Richardson, Planning Manager SUBJECT: Consider a request for a zone change from RM-H (Residential Multiple Family Dwelling-HigliestDetisity) District and GC -MD (General Commercial -Multiple Family Dwelling) District to LI (Light Industrial) District and a specific use permit to allow a farm equipment and machinery manufacturing facility. FILE. 1697-Z/P NOTE: In May, 2003 the City Council denied Modern Inc.'s request for a zone change to LI and a specific use permit to allow farm equipment and machinery manufacturing facility. On July 21, 2003, Modern, Inc. requested that it be able to come back before the Planning Commission before the 12 month waiting period had expired. That request was approved. STAFF REPORT The Planning Manager recommends denial of this request. Modem, Inc. is requesting a zone change to LI (Light Industrial) and a specific use permit for all of its properties in the Charlton -Pollard neighborhood, In January, 2003, Modem, Inc. applied for a zone change to GC -MD for Lots 20-22, Block 1, Minter Addition. The property was to be used for employee parking. At that time, staff recommended denial because the existing and proposed use of those lots would be in support and part of an existing nonconforming industrial use. Staff also stated that the use would not be permitted in GC -MD. For it to be legal, the property needed to be zoned LI (Light Industrial) with a specific use permit or HI (Heavy Industrial). No action was taken due to lack of a quorum of the Planning Commission. Lloyd Koehnen, representing Modern, later met with the Planning Manager to discuss Modern's options. Modern then decided to apply for HI for all the property that it owns in Charlton -Pollard so that it would be a permitted use. This request was denied by City Council on March 25, 2003. In May, 2003, Modem, Inc.'s request for a zone change to LI and a specific use permit was denied. Modern, Inc. is again applying for LI and a specific use permit for a farm equipment and machinery manufacturing facility with permission of the Planning Commission. STAFF REPORT continued Modem, Inc. has been located on Irving and Tilson for approximately 42 years. The company manufactures tractor powered implements and other metal products. The plant on Irving extends west to Tilson and St. Anthony and from Schwarner to McGovern and contains just over 3 acres of land area. This area of Beaumont was originally zoned C-I in 1955. The C-I was converted to GC -MD with adoption of the 1981 zoning ordinance. The RM-H designation of some of Modern's property and also of most of the residentially zoned areas along either side of Irving Street was the result of rezoning studies and changes over the years. The commercial zoning along Irving remained in place. Modern, Inc. is a manufacturing concern and, as such, is an industrial use. A search of city directories seems to indicate the firm began an operation at 1901 Tilson around 1960 and expanded over the years. Again, Modem, Inc. at the Tilson and Irving Street location is a nonconforming use. Under Section 30-30, "Nonconforming Buildings, Structures and Uses of the Land", regulations explain and discuss various aspects of the nonconforming uses of land. There are several limitations on nonconforming uses and few exemptions. It is questionable whether or not the existing plant operations are a lawful nonconforming use since information leads staff to believe that Modern, Inc. began manufacturing at the site after the area was originally zoned C-I in 1955. For the use to be conforming, the property where the plant is located should be industrially zoned. Rezoning the property to LT could constitute spot zoning. In considering a "spot zoning" the following issues must be considered: I The law demands that the approved zoning plan should be respected and not altered for the special benefit of the landowner when the change will cause substantial detriment to the surrounding land or serve no substantial public purpose. Would the zone change be in compliance with the adopted comprehensive plan? The Comprehensive Plan designates Charlton -Pollard as a Conservation and Revitalization Area. As such, actions are needed to prevent further negative influences from incompatible land uses. The Charlton -Pollard Neighborhood Plan designates this area as a medium/high density residential area. The requested zone change would not be in compliance with the neighborhood plan. 2. Will this change adversely impact the surrounding properties? The nature and degree of an adverse impact upon neighboring lands is important. Lots that are zoned in a way that is substantially inconsistent with the zoning of the surrounding area, whether more or less restrictive, are likely to be invalid. STAFF REPORT continued Modern, Inc. and residences have co -existed side -by -side in the Charlton -Pollard neighborhood for many years. However, the neighborhood, with the help of the City and others, has been making an effort to revitalize the area for the last 10- 15 years. To rezone this property to LI would have a detrimental effect on this neighborhood revitalization effort. Uses permitted in the LI District would be incompatible with the surrounding residential uses and the nearby park. Is the tract of land suitable or unsuitable for use as presently zoned? This is a factor. The size, shape and location of a tract of land or lot may render it unusable or even confiscatory as zoned. The size and shape of the property would allow for medium/high density residential uses. 4. Does the proposed zone change bear a substantial relationship to the public health, safety, morals or general welfare or protect and preserve historical and cultural places and areas? Other uses permitted in the LI District could be detrimental to the public health and safety of the residents in the Chariton -Pollard neighborhood. These issues, as outlined, are to be considered by the Planning Commission and City Council before a determination of spot zoning can be made. In 1995, City Council denied a request for a zone change from RM-H to GC -MD for Lot 10, Block 1, Minter Addition. Modern Manufacturing had requested that zone change in order to use the property for storage. The City recognizes that Modern, Inc. is a good corporate citizen and is a valuable income source for the neighborhood. However, the Planning Commission and City Council must consider the issues at stake in this zone change and specific use permit request. What impact will an expansion have on the surrounding area? While a specific use pert -nit could "soften" the impact on what is now a mostly residential area and a new city park, is it appropriate to allow the expansion of an industrial use in an area where the City and neighborhood residents have made substantial investments? Secondly, does this zone change comply with the long- range goals for the neighborhood? Staff would also like to point out that if the zone change and specific use permit are not granted, the use of those properties zoned RM-H and the GC -MD property at the comer of Schwamer and Irving must be in compliance with those districts. Exhibits are attached. PUBLIC NOTIFICATION Notices mailed to property owners 55 Responses in Favor . Responses in Opposition -. LEGAL DESCRIPTION FOR ORDINANCE PURPOSES Being Lots 17-22, Block 1, Minter Addition, Lots 3-14, adj. alley, Tracts A-D of abandoned Tilson St. and Tracts A and B, Block 1, Minter Addition and Plat J, Tract 22, D. Brown Survey, City of Beaumont, Jefferson County, Texas, containing 3.39 acres, more or less. Em DragoiC L., Products manui"-wro by Modern Manufacturing Modem Manufacturing is requesting a zoning change to light industrial with special use permits, The request is made to reflect what Modem does, and to bring the operation to a more legal status. We propose no new buildings or additions. We have made significant changes to be better neighbors. We'have repaired and painted the fence. We are painting the buildings. We are moving the dumpsters and cargo containers to Irving Street, We will load trucks on part of the proposed parking area as noted in the site plan. We have met with the Charlton -Pollard Neighborhood Association and have addressed their concerns. A copy of their concerns and the response is included in this package. All of the improvements and changes are noted on the site plan subject to zoning change and special use permits. Lloyd Koehnen Trailers - Tractor Powered Implements 1 Waste Containers a Structural Steel Fabrication • 880 Grills/Smokers • Parts Modern Inc. • P.O. Box 790 Beaumont, Texas 77704.0790 • (409) 833-2665 Toll Free - 1-800-,231-8198 • Toll Free Fax - 1-800-726-8333 After Hours, Weekends and Holidays (409) 833-0203 M ORIN �iit i i , iolki The changes asked for will, especially moving the dumpsters, help reduce the noise in the residential neighborhood.. 2 The property the special use permit is needed for is parking area and has been parking for over five years. 3 No additional support facilities are needed. 4 The parking area is away from the general public and there is virtually no pedestrian traffic. 5 There will be no odor, fumes, or dust. The noise will be eliminated by moving the dumpsters. The vibration of the fork lifts will also be eliminated as they are used to fill the dumpsters. 6 We have had no complaints about the lighting and have had positive comments about our security guard. 7 There is a fence along two sides of the proposed parking lot. 8 1 don't know what the comprehensive plan is, but Modem has been manufacturing in the Irving street location over 40 years. The special use permit is needed to provide ample parking for our employees. Me Communhy that Condnues —to GrDw Hand over Hand* (409) 332-707 tit W /w- (409) 785-4005 Areas Of Discussion 1. Tank has to be rtmovId I The tank is a low pressure tank with inert gas. The tank is non-flamrnable and non -corrosive. 2. Kind, 2f gaint in lln—(Lead-Based or not) Modem uses a lead free paint and a environmentally friendly down draft feature. 3. 12.UmUlter in Bee We propose to move the dumpster to the Schwarner/Irvung street location, 4. S1dp_wglk Regal The sidewalk in question is op city property where a culvert was installed. 5. R291thd —8--w—ULIM We will not have the garbage or the metal recycling trucks on Tilson once the containers axe moved to Irving side of premises. With the new loading area most trucks can be sent back on Tilson to McGovern to living. 6. Ligga of ftratign The plant works from 6:00 am until 2:30 pm 5 days a week. Occasionally there is necessary overtime. The work schedule suits the work force as they are available to pick up their children after school. 7. (11) Whq1til idligg dgd periods Modem will install no idling signs to get drivers to shut off their engines when waiting, S. Wasted 9P Qn the &Mund We had a spill and we hired a state approved environmental firm to dig up the site, treat the site, and dispose of the waste according to state regulations. Certified paperwork is on file with TNRCC. 9. ching of JUIMalign in case of emer&tncv By moving the dumpsters and cargo boxes to the Irving street side we will have room for employee parking and also have room to load on the lots shown on the site plan, 10. Any possibility of Relocating ? If Modem was to relocate, it would be to one of our other facilities outside of Beaumont. This would put approximately 50 families out of work in the Beaumont area. FILE 1697-Z/P A request for a zone change from RM-H (Residential Multiple Family NORTH Dwelling -Highest Density) District and GC -MD (General Commercial -Multiple Family Dwelling) District to LI (Light Industrial) District and a specific use permit to allow a farm equipment and machinery manufacturing facility. SCALE Location: Approximately between Irving and St. Anthony and between McGovern 11=2'00' • and Schwarner Applicant: Modern Ltd. J? t- 17 AV 4 V6 z W z 4 SCHWA 4NCJP SCHWARNER ST. OVI B 30VU MARY ST. ' I r I VC PCr NEICY ST. 0 NOW JW _ I 4-1 LU ce Lri u z LL nw.-I w U. U. E W 0 P Oak ZZ w e be j w o J ul aim Ix z w .Z-) 47-71V47VM17�,Q dr. VNDIHVd LU w 0 z U. w z z LU -i Z, C, wl w x W z LL Rll uz uj 0 U. ANALYSIS CONDITIONS FOR APPROVAL Or, SPECIFIC USE PERMIT (SECTION 30-26.E, ZONING ORDINANCE CONDITIONS: 1. That the specific use will be compatible with and not injurious to the use and enjoyment of other property, nor significantly diminish or impair property values within the immediate vicinity; 2. That the establishment of the specific use will not impede the normal and orderly development and improvement of surrounding vacant property; 3. 'I'liat adequate utilities, access roads, drainage and other necessary supporting facilities have been or will be provided; 4. The design, location and arrangement of all driveways and parking spaces provides for the safe and convenient movement of vehicular and pedestrian traffic without adversely affecting the general public or adjacent developments; S. That adequate nuisance prevention measures have been or will be taken to prevent or control offensive odor, francs, dust, noise and vibration; 6. That the directional lighting will be provided so as not to disturb or adversely affect neighboring properties; 7. That there are sufficient landscaping and screening to insure harmony and compatibility with adjacent property; and 8. 'I'liat the proposed use is in accordance with the Comprehensive Plan. Application Application is in is not in Comments Compliance Compliance Attached x x x ANALYSIS continued This application is in conformance with three of the eight conditions necessary for approval. Comments on Conditions 1, 2, 4, 5, 7 and 8 follow: The City and residents of the neighborhood have invested substantial money in the immediate area surrounding Modem's facility. It could be argued that Modem was there first. However, a manufacturing facility is not compatible with the park and residences. 2. The Charlton -Pollard Neighborhood Plan designates this area for low, medium and high density residential. It would be questionable as to whether the expansion of Modern's facility would be conducive to further residential development. 4. The Traffic Manager states that all load ing/unloading activities associated with the relocation of dumpsters shall occur off-street, including truck maneuvers. In the past, there have been problems with truck routes and the blocking of streets by trucks. The applicant states that once the containers are moved, most trucks can be sent back on Tilson to McGovern to Irving, 5. The applicant states that there will be no odor, fumes or dust. The noise will be eliminated by moving the dumpsters. The vibration of the fork lifts will also be eliminated as they are used to fill the dumpsters. Modem uses a lead free paint and an environmentally friendly down draft feature. Modern will install no idling signs to get drivers to shut off their engines when waiting. 7. The proposed parking lot must have a 6' wide landscaped strip with underground irrigation along all street frontages. The dumpsters must be setback 25' from the property line or be screened via landscaping and solid, opaque fencing on a minimum of three sides. 8. The Charlton -Pollard Neighborhood Plan designates this area for medium/high density residential. The proposed use is not in conformance with the Neighborhood Plan. GENERAL INFORMATION/PUBLIC UTILITIES APPLICANT: Lloyd Koelinen for Modern, Inc. PROPERTY OWNER: Modern, Inc, LOCATION: 1898 Irving, 1815 Tilson, 1821 Tilson, 1901 Irving, 1980 Tilson, 1970 Tilson, 1975 St. Anthony, 570 Schwamer, 1908 Tilson, 1975 Tilson and NWC of McGovern and Tilson GENERAL INFORMATION/PUBLIC UTILITIES continued EXISTINGZONING: GC -MD (General Commercial -Multiple Family Dwelling) District and RM-H (Residential Multiple Family -Highest Density) District PROPERTY SIZE: EXISTING LAND USES: FLOOD HAZARD ZONE: NORTH: Residential, vacant EAST: Residential, commercial, vacant SOUTH: Park WEST: Residential, vacant COMPREHENSIVE PLAN: OTHER PHYSICAL FEATURES: 3.39 acres, more or less Manufacturing facility and vacant "X" - Areas determined to be outside 500-year floodplain SURROUNDING ZONING: GC -MD (General Commercial -Multiple Family Dwelling) and RM-H (Residential Multiple Family -Highest Density) District GC -MD GC -MD and RM-H RM-f I Conservation and Revitalization; Charlton - Pollard Plan - medium/high density residential None STREETS: Irving Street - Major collector with a 40'right- of-way and 27'pavement width; Tilson Street - local street with a 50' right-of-way and 14' pavement width; Schwarner Street - local street with a 50' right-of-way and 16' pavement width; St. Anthony Street - local street with a 23' right-of-way and 14' pavement width; McGovern Street - local street with a 29'right- of-way and 16'pavernent width DRAINAGE: Irving Street - curb and gutter; Tilson Street - open ditch; Schwarner Street - open ditch; St. Anthony Street - open ditch; McGovern Street - open ditch WATER: Irving Street - 8" water line; Tilson Street - 2" water line; Schwarner Street - 6" water line; St. Anthony Street - 2" water line; McGovern Street - 2" water line GENERAL INFORMATION/PUBLIC UTILITIES continued SANITARY SEWER SERVICE: FIRE PROTECTION: Fj' 01 • I OWN a Eavi Irving Street - 8 " sanitary sewer line; Tilson - Street - 6" sanitary sewer line; Schwarner Street - 6" sanitary sewer line; St. Anthony Street - 6" sanitary sewer line; McGovern Street - 6" sanitary sewer line Fire protection is provided by Station #11, 2185 Sabine Pass. Services are adequate. Street pavement widths are substandard.