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Home My WebLink About1578-ZDATE: September 17, 2001 TO: Planning Commission and City Council FROM: Stephen C. Richardson, Planning Manager SUBJECT: Request for a zone change from PUD (Planned Unit Development) to A-R (Agricultural -Residential) for a 31.252 acre tract out of the D. Easley League located one mile north of State Highway 105 and south of the LNVA Canal. Property fronts on Keith Road. FILE: 1578-Z STAFF REPORT The Planning Manager recommends approval of the zone change to A-R (Agricultural - Residential). This request is in compliance with the Comprehensive Plan. Thomas Sibley, Attorney -at -Law, is representing the owner of the 31.2518 acres, purchased as Tract 61-U, Tax Plat RS-5, D. Easley League, by Herschel Hobson, Attorney -at -Law, Tract 61 -U was purchased frorn the heirs of the J. W. "Johnny" Walker Estate. Mr. Hobson had planned to build a home on the land, but later decided to build in Tyler County. He has a new buyer that wants to build a home and raise horses for his children to ride. The existing PUD zoning does not allow livestock as a permitted use. This property was annexed into the City in 1957 and zoned RS (Residential Single Family Dwelling) (R-1) in 1964. It is located in the northwest corner of the City. In 1982, Mr. Walker submitted a plan for a planned unit development composed of mixed land uses on a 172 acre tract fronting on North Major Drive. He also received a specific use permit for a Type "B" Trailer Park, being a mobile home (platted) subdivision on 21.85 acres. The PUD never developed after the mobile home subdivision was built. The subject 31 acres of the most westerly part of the original 172 acres was rezoned to PUD in 1982. It is carried by the tax office as a separate tract. The property backs up to the LNVA Canal and the only access is from the most northern segment of Keith Road, Beaumont's west corporate limits. All of the surrounding land is underdeveloped and is pasturage or fallow fields. Notices Mailed to Property Owners: S Responses in Favor: Responses in Opposition: LEGAL DESCRIPTION FOR ORDINANCE PURPOSES BEING 31.2518 acres in the D. Easley League, Abstract No. 20 in Beaumont, Jefferson County, Texas, and being part of the certain 147.16 acre tract conveyed to J.H. Walker by Deed recorded in Volume 2408, Page 70 of the Deed Records of Jefferson County and said 31.2518 acres being more particularly described by metes and bounds as follows: FOR locative corner begin at all old 1 1/4 inch iron pipe found, in the center line of Keith Road locating the Northwest cot -tier of the Pert Acres Addition that is Recorded in volume 4, Page 139 of the Map Records of Jefferson County; said iron pipe being in the east line of the Sarah Morris Survey, Abstract No. 42 and in the West line of the D. Easley League Abstract No. 20 and locating the Southwest corner of said Walker 147.16 acre tract; and the Southwest corner of a 30 foot wide road right-of-way granted by J. H. Walker to Jefferson County by instrument that is recorded in Volume 1285, Page 305 of the Deed Records of Jefferson County; THENCE North 88' 5632" East with the South line of the said 147.16 acre tract and with the North line of Pert Acres Addition 30 feet to a I inch iron stake placed for the Southwest and beginning corner of the 31.2518 acre tract herein described; THENCE North 00' 20' 45" West parallel to and 30 feet east of the common line of the Morris Survey and the Easley League and with the East line of said 30 feet wide road, right-of-way 581.50 feet to a I inch steel rod placed for corner in the South line of the 200 foot wide LN.V.A. Canal that is described in Volume 24, Page 34 of the Deed Records of Jefferson County, Texas; THENCE South 89' 44'03" East with said Canal's South right-of-way line and at 2396.17 feet pass a 5/8 inch steel rod with cap locating the Northwest corner of a 130 foot wide drainage ditch right-of-way and continue oil 2462.13 feet to a point in the centerline of said drainage ditch for corner, said drainage right-of-way being described in Film Code No. 104-34-2589 in the County Real Property Records: THENCE South 09' 32'30" West with said centerline 85.77 feet to an angle point; THENCE South 04' 08' 14" East with said centerline 349.58 feet to all angle point and the beginning point of a curve concave to the East whose radius is 345 feet and whose central angel is 150 27' 55") THENCE in a Southeast direction with said centerline and with the arc of said curve an arc distance of 93.12 feet to a point in the North line of said Pert Acres Addition and in the South line of said Walker 147.16 acre tract; THENCE South 88' 56'32" West with said lines and with an old fence line and at 67.95 feet pass Drainage District Monument No. 1755 locating the Southwest corner of said 130 foot width right-of-way and continuing Oil same course a total distance of 2489.06 feet to the place of beginning, containing 31.2518 acres of land, THOMAS J. S113LEY BOARD CERTIFIED COMMERCIAL, FARM AND RANCH & RESIDENTIAL REAL ESTATE LAW - TEXAS BOARD OF LEGAL SPECIALIZATION ALSO LICENSED IN LOUISIANA City of Beaumont Planning Division, Room 205 City Hall 801 Main Street Beaumont, Texas 77701 THOMAS tJ. SIBLEY, P.G. ATTORNEYS AT LAW P. O. BOX 3945 BEAUMONT. TEXAS 77704 304 PEARL STREET FIRST FLOOR August 15, 2001 RE: Application for Zoning Change on Keith Road Ladies and Gentlemen: TELEPHONE: (409) 835-9944 TELECOPIER: (409) 838-4741 HAND DELIVERY I represent Herschel Hobson, the owner of the property located on Keith Road, City of Beaumont, have simultaneously herewith filed application for a zoning change from the current zoning classification of Planned Unit Development to Agri cultural/Residential. Mr. Hobson purchased this property from the heirs of Johnny Walker on December 28, 1993. This property is remote agricultural property and held a Agricultural/Residential classification for many years until such time as Johnny Walker and others were able to change the zoning from Agricultural/Residential to Planned Unit Development. This property held a Planned Unit Development classification since that time, however, there has been absolutely no attempt by anyone to build a Planned Unit Development in the area where this property is located. It is apparent that the property is incorrectly zoned and to reclassify it as Agricultural/Residential would be in accordance with its highest and best use. I Very tr y your ,—T mas J. Sibley TJS/ce In, OF encls. P "1,% 114 1' 11: N C), Hobson #3156-02 AU-G uu� MW FILE 15784Z: Request for a zone change from PUD(Planned Unit Development) to A« NORTH R (Agricultural - Residential) District. Location: One mile north of S.H. 105 and cast of Keith Road extended north. Applicant: Thomas I Sibley for Herschel Hobson SCALE V=8o0' 1'J I 12 I 11 I to t rt. u • , I'+►JO l r r A 4414 r� ►,fir .__ GENERAL INFORMATION/PUBLIC UTILITIES APPLICANT: PROPERTY OWNER: STATUS OF APPLICANT: LOCATION: EXISTING ZONING: PROPERTY SIZE: EXISTING LAND USES: FLOOD HAZARD ZONE: SURROUNDING LAND USES NORTH: LNVA Canal 200'Nvide right-of-way EAST: DDY6 Ditch, undeveloped tracts SOUTH:Pastures WEST: Vacant pastures, fields COMPREHENSIVE PLAN: OTHER PHYSICAL FEATURES: Thomas J. Sibley Herschel Hobson Attorney One mile north of State Highway 105 and south of LNVA Canal at Keith Road terminus. PUD (Planned Unit Development) 31,2518 acres No development "C" - Minimal SURROUNDING ZONING: A-R (Agricultural -Residential) PUD (Planned Unit Development) RS (Residential Single Family Dwelling) N/A - Outside City Neighborhood Growth Unit (adjacent to a low density rural development). None STREETS: Keith Road - The 60' wide right-of-way runs north from Highway 105, crosses Spurlock Road and extends to Perl Road. The pavement continues north to just short of the LNVA Canal. The asphalt base is 14' wide. There is a 3 0' wide road right-of-way granted by J.H. Walker to Jefferson County by a recorded instrument, Volume 1285, Page 305, Deed Records. DRAINAGE: Surface to ditches. GENERAL INFORMATION/PUBLIC UTILITIES continued WATER: There are water lines in Keith, Spurlock and Pei -I. Water will have to be extended to serve subject property. SANITARY SEWER SERVICE: There is a 15" gravity force main in Perl and Keith which extends north past the LNVA Canal. Fire protection is provided by Station #8, Highway 105 at Larnpman ADEQUACY OF SERVICE: Existing and proposed services are adequate.