HomeMy WebLinkAbout1657-ZDATE: March 17,2003
TO: Planning Commission and City Council
FROM: Stephen C. Richardson, Planning Manager
UN
SUBJECT: Consider a request for a zone change from GC -MD (General Commercial -Multiple
Family Dwelling) District and RM-H (Residential Multiple Family Dwelling -Highest
Density) District to HI (Heavy Industrial) District or more restrictive district.
FILE: 1657-Z
STAFF REPORT
The Planning Manager recommends denial of this request.
Modern, Inc. is requesting a zone change to Heavy Industrial 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 Ll (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. Modem then decided to apply for HI
for all the property that it owns in Charlton -Pollard so that it would be a permitted use.
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 Schwamer 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 Modem'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.
STAFF RE, PORT continued
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-1 in 1955.
For the use to be conforming, the property where the plant is located should be industrially
zoned. Rezoning the property to LI or HI could constitute spot zoning.
In considering a "spot zoning" the following issues must be considered:
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.
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 HI would have a detrimental effect on this neighborhood
revitalization effort. Uses permitted in the HI 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.
The size and shape of the property would allow for medium/high density residential
Uses.
STAFF REPORT conthmed
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 HI 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. Modern Manufacturing had requested this 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 issues at stake in this zone change request are
whether the Planning Commission and City Council wish to allow a nonconforming use to
expand, thereby allowing for an indefinite continuation of that use. The whole idea behind
nonconforming uses is that eventually such uses will cease and the use of the land will revert
to one that conforms to the zoning and surrounding land uses. Secondly, does this zone change
comply with the long-range goals for the neighborhood?
Exhibits are attached,
of rw-.,v N W12
Notices mailed to property owners 69
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,,17ract 22, D. Brown Survey,
City of Beaumont, Jefferson County, Texas, containing 3.39 acres, more or less.
Modern Manufacturing
Manufacturers of Quality Farm Equipment and Parts for Almost a Half Century - Headquarters For All After -Market Parts
February 3, 2003
Modem Inc. employs approximately 60 persons at the Tilson facility with an average weekly
payroll of $40,000, The manufacturing plant has been at Tilson and Irving streets for more than
40 years. In 1981 this area was zoned GC -MD and Modern was no longer in compliance to the
new designation, Modem has always had a parking problem for the employees. The solution was
to purchase three adjoining lots for parking. The three lots are zoned RM-H and parking on them
is a violation of the code. Modem is not asking to expand the physical plant, but would like to
have the area listed zoned back to Ef6tff INDUSTRIAL to bring this plant into legal
compliance. 0 O-A v
Modem has been a good neighbor, employing many local residents. Modem is a corporate
sponsor of Dunbar Elementary, donating $ 100 weekly for Saturday meals when classes are in
session. Modem has donated a bumper pull trailer and a gooseneck trailer to the Beaumont
Police to be used to haul away tom down crack houses. Modem has employees pick tip litter in
the area twice a week. Once a month the litter is picked up around the Dunbar School. We think
Modem has been an asset to Beaumont and wish to continue to do so.
Sincerely,
Lloyd KoeTie
MEMBER OF THE MODERN GROUP / CORPORATE OFFICE
Express Mail: 1655 Louisiana, Beaumont, Texas 77701 - Regular Mail: P.O. Box 790, Beaumont, Texas 77704
(409) 833-2665 - 1-800-231-8198 - FAX (409) 833-3170 * email: sales@modernusa.com
GENERAL INFORMATION/PUBLIC UTILITIES
APPLICANT: Lloyd Koehnen for Modern, Inc.
PROPERTY OWNER: Modern, Inc.
LOCATION: 1898 Irving, 1815 Tilson, 1821 Tilson, 1901
Irving, 1980 Tilson, 1970 Tilson, 1975 St.
Anthony, 570 Schwarner, 1908 Tilson, 1975
Tilson and NWC of McGovern and Tilson
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 Coniniercial-Multiple Family Dwelling) and
RM-H (Residential Multiple Family-l-lighest 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; Chariton -
Pollard Plan - medium/high density residential
OTHER PHYSICAL
FEATURES: 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'pavement width
GENERAL INFORMATION PUBLIC UTILITIES continued
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
SANITARY SEWER
SERVICE:
FIRE PROTECTION:
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,