HomeMy WebLinkAbout1667-ZP (02)DATE: May 12,2003
TO: Planning Commission and City Council
FROM: Stephen C. Richardson, Planning Manager
Ulm
SUBJECT: Consider a request for a zone change from RM-H (Residential Multiple Family
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.
FILE: 1667-Z/P
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, Modern, 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 Modem, later met
with the Planning Manager to discuss Modem'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. Modern, Inc. is now applying for LI
and the specific use permit with permission of the Planning Commission.
Modern, 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 cornmercial zoning along Irving
remained in place.
STAFF REPORT continued
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, Modern, 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 Modem, 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 LI could constitute spot zoning.
In considering a "spot zoning" the following issues must be considered:
1 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.
Modem, Inc. and residences have co -existed side -by -side in the Chariton -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.
3. 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.
STAFF REPORT continued
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 Charlton -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. Modem Manufacturing had requested that zone change in order to
use the property for storage.
The City recognizes that Modem, 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 permit 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 corner of Schwarner
and living must be in compliance with those districts.
Exhibits are attached.
PUBLIC NOTIFICATION
Notices mailed to property owners 69 -
Responses in Favor . Responses in Opposition
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,
41 1v a g o n
L Product
Manufactured by
Modern Manufacturing
Modern Manufacturing is requesting a zoning change to light industrial with special use permits.
The request is made to reflect what Modern 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 Koelmen
Trailers - Tractor Powered Implements - Waste Containers - Structural Steel Fabrication - BBO 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
SPECIFIC USE PERMIT REQUIREMENTS
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.
"I lie Connni unity that Continues To Grow Hand over land"
825 A44,** 4mw,,wW, -T,,w - 77701
(409) 832-76V eiL 225 /,=- (409) 785-005
1. Tank has to be removed
I
The tank is a low pressure tank with inert gas. The tank is non-flammable and non -corrosive.
2. Kind of Paint in use (Lead -Based or not)
Modem uses a lead free paint and a environmentally friendly down draft feature.
3. Dumpster in Back
We propose to move the dumpster to the Schwamer/Irvung street location.
4. Sidewalk Repair
The sidewalk in question is q1i city property where a culvert was installed.
S. Route for 18 - Wheelers
We will not have the garbage or the metal recycling trucks on Tilson once the containers are
moved to Irving side of premises. With the new loading area most trucks can be sent back on
Tilson to McGovern to Irving.
6. Hours of Operation
_
The plant works from 6:00 am until 2:30 pin 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. (18) Wheelers idling for extended periods
Modem will install no idling signs to get drivers to shut off their engines when waiting.
8. Wasted oil on the ground
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. Blocking of Intersection in case of emergency
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 1667-Z/P: Request for zone change from RM-H (Residential Multiple Family
Dwelling - High Density) and GC -MD (General Commercial - Multiple Family
Dwelling) to LI (Light Industrial) and a specific use permit to allow a farm equipment
and machinery manufacturing facility.
Location: Approximately between Irving and St. Anthony and between McGovern
and Schwarner
Applicant: Modern, Inc.
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ANALYSIS
CONDITIONS FOR APPROVAL OF 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. That 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,
fumes, 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. That the proposed use is in accordance
with the Comprehensive Plan.
Application Application
is in is not in Comments
Compliance Compliance Attached
x
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, 7 and 8 follow:
The City and residents of the neighborhood have invested substantial money in the
immediate area surrounding Modern's facility. It could be argued that Modern 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
Modem's facility would be conducive to further residential development.
4. The Traffic Manager states that all loading/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. Modern uses a lead free paint and all
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 Koellnen for Modem, Inc.
PROPERTY OWNER: Modern, Inc.
LOCATION: 1898 Irving, 1815 Tilson, 1821 Tilson, 1901
living, 1980 Tilson, 1970 Tilson 1975 St.
Anthony, 570 Schwarner, 1908 Tilson, 1975
Tilson and NWC of McGovern and Tilson
GENERAL INFORMATION/PUBLIC UTILITIES continued
EXISTING ZONING: GC -MD (General Commercial -Multiple Family
Dwelling) District and RM-H (Residential
Multiple Family -Highest Density) District
PROPERTY SIZE: 3.39 acres, more or less
EXISTING LAND USES: Manufacturing facility and vacant
FLOOD HAZARD ZONE: "X" - Areas determined to be outside 500-year
floodplain
SURROUNDING LAND USES: SURROUNDING ZONING:
NORTH: Residential, vacant GC -MD (General Commercial -Multiple Family Dwelling) and
RM-H (Residential Multiple Family -Highest Density) District
EAST: Residential, commercial, vacant GC -MD
SOUTH: Park GC -MD and RM-H
WEST: Residential, vacant RM-H
COMPREHENSIVE PLAN: Conservation and Revitalization; Charlton -
Pollard Plan - medium/high density residential
OTHER PHYSICAL
FEATURES: None
STREETS: living 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'pavement 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:
ADEQUACY
OF SERVICE:
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,