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HomeMy WebLinkAbout1526-ZDATE: September 18, 2000 TO: Planning Commission and City Council FROM: Stephen C. Richardson, Planning Manager SUBJECT: Request for a zone change fi-oin A-R (Agricultural -Residential) to RM-H (Residential Multiple Family Dwelling -Highest Density) District for a 7.369 acre tract lying on N. Major Drive, abutting the L.N.V.A. Canal. FILE: 1526-Z The Planning Manager recommends approval of the zone change to RM-H. The applicants, Mr. Binks and Mr. Barlow, own several acreage tracts situated along the west side of N. Major Drive in the 4600 block. The subject 7.369 acres of land is part of the Rutledge Homestead Tract which was divided up into separate tracts out of the D. Easley League in the late 1940's. This request consists of Lots or Tracts 3 and 4 and part of 14 according to the tax rolls and the Jefferson County Appraisal District. The applicants wish to rezone the property from A-R to RM-H so the property can be developed with a private apartment house complex. This area was annexed into the City in 1957 and zoned agricultural in 1964. It has been 43 years since annexation and 36 years since the original zoning. There is an RM-H zoned subdivision (Westhaven Terrace) located about 400 feet south of the vacant 7.369 acres and an existing apartment house complex just south of the subdivision. Except for two frame residences to the north the surrounding land is wooded or open fields. The LXV.A. Canal is a west boundary of the tract. Exhibits are attached. PUBLIC NOTIFICATION Notices mailed to property owners 16 Responses in Favor 4 , Responses in Opposition LEGAL DESCRIPTION FOR ORDINANCE PURPOSES That certain 7.369 acre tract out of the D. Easley League, Abstract 20, Jefferson County, Texas, and being all of Lots 3 and 4 and a portion of Lot 14 of the Rutledge Homestead Tract, an unrecorded subdivision and being a portion of those tracts conveyed to John William Binks, Jeff Alexander, and Douglas M. Barlow as recorded in Clerks File No's 9532450 and 9516454 of the Official Public Records of Real Property of Jefferson County, Texas, said 7.369 acres being more particularly described by metes and bounds as follows: COMMENCING at a 5/8" iron rod found in the north line of a 60 foot road right-of-way for the southwest corner of said Lot 14; THENCE North 00'20' 53" East along the common line of Lot 13 of said Rutledge Homestead Tract and said Lot 14, a distance of 157.20 feet (called North 00002'00" East) to a V? capped iron rod set for the southwest comer of the said 7.369 acre tract and the POINT OF BEGINNING: THENCE North 00' 20' 5 3 " East continuing along the said common line of Lots 13 and 14, a distance of 196.54 feet (called North 00' 02' 00" East) to a 5/8" iron rod found in the southeast line of anLNVA Canal for the northeast comer of said Lot 13 being the northwest comer of said Lot 14 and the said 7.369 acre tract; THENCE North 43'38'00" East along the said southeast line of the LNVA Canal, a distance of 270.23 feet (called North 42' 25'00" East 274.27 feet) to a Y? capped iron rod set in the west line of Lot 5 of said Rutledge Homestead Tract for the northeast corner of said Lot 14 being the most northerly corner of the said 7.369 acre tract; THENCE South 00' 2233" West along the said west line of Lot 5, a distance of 74.75 feet (called South 00' 02'00" West 83.72 feet) to a 5/8" iron rod found for the southwest comer of said Lot 5 being the northwest corner of said Lot 4 and an interior corner of the said 7.369 acre tract; THENCE South 89' 41'30" East along the common line of said Lots 4 and 5, a distance of 840.91 feet (called South 890 41' 30" East, 842.47 feet) to a 5/8" iron rod found in the west line of North Major Drive (AKA FM 364) for the southeast comer of said Lot 5 being the northeast comer of said Lot 4 and the said 7.369 acre tract; THENCE South 00' 06'40" East along the said west line of North Major Drive (AKA FM 364), a distance of 314.77 feet (called South 00' 06'40" East, 314.54 feet) to a 5/8" iron rod found for the northeast comer of Lot 2 of said Rutledge Homestead Tract being the southeast comer of said Lot 3 and the said 7.369 acre tract; THENCE North 89' 53'52" West along the common line of said Lots 2 and 3 at 843.60 feet pass a 5/8" iron rod found in the east line of said Lot 14 for the northwest coiner of said Lot 2 being the southwest corner of said Lot 3 and continuing in all a total distance of 1028.68 feet (called South 89' 49' 31 " West) to the POINT OF BEGINNING and containing 7.369 acres of land, more of less Douglas M. Barlow 485 Milam Beaumont, TX 77701 John William Binks 323 Creekside Loop Sour Lake, TX 77659 August 4, 2000 City of Beaumont Planning Division, Room 205 City Hall, 801 Main St. Beaumont, TX 77701 Re: Request for Zoning Ordinance Amendment; 8 acres out of D. Easley Survey, N. Major Drive Dear Sirs: As owners of the property described in the attached application, we are requesting that this property be rezoned by amendment of the zoning ordinance, from Agricultural/Residential to Residential Multi family/High Density. The reason for this request is that we are currently marketing this property and most serious inquiries have been for the construction of high density apartment construction because of its ideal location for that purpose. We have a potential purchaser who requires this particular zoning for that purpose. Cordially yours, Douglas M. Barlow John William Binks FILE (Residential FILE 1526- Request for zone change, A-R (Agricultural Residential) to RM-H ' Multiple Family Dwelling - High Density). L 'oe�J ocation: 4600 blk. of N. Major, W. side to LNVA canal Applicant: Binks and Barlow .W. [� - TO TA Jill )PIS 0 a NORTH SCALE V=200' 1000, 12WIIIM 4t d44. 113 rig 0 it "of J7 ,ad v 'more ♦ 14" 43 WESTHAVEN DR.' IV IV 0 VrN Vo goo 000 "or BY: AFTON*NOVY; 713 789 1666; Aug-4-00 10:52AM; Page P. 02 "-Gi-2eM 15928 M 10 it E! MUD m WWW 9 - 404.1y) lip --1 4 � —_ x L 0 T 1 4 tx SO. 80' AM MOM VOL 1226 P0, lot DX.j.C. lid 14 n^ i Ul (tAULD 3 WWW V - 314 fr-1 #AW OP MUM NORTH MA" DRIVE ("A IFA 304) K Piz TA Y, 6H GENERAL INFORMATION/PUBLIC UTILITIES APPLICANT: John William Binks and Douglas M. Barlow PROPERTY OWNER: John William Binks and Douglas M. Barlow LOCATION: 4600 block of N. Major Drive (FM 364) EXISTING ZONING: A-R (Agricultural -Residential) District PROPERTY SIZE: 7.369 acres, more or less FLOOD HAZARD ZONE: "C" - (Minimal Hazard) EXISTING LAND USES: Vacant field SURROUNDING LAND USES: SURROUNDING ZONING: NORTH: Residence, woods A-R (Agricultural -Residential) District EAST: FM 364, fallow pastures A-R SOUTH: Woods A-R and RM-H (Residential Multiple Family Dwelling - Highest Density) District WEST: LXV.A. fresh water canal A-R COMPREHENSIVE PLAN: Neighborhood Growth Unit (Development Strategies Diagram) OTHER PHYSICAL FEATURES: None STREETS: N. Ma ' jor Drive (FM 364) is a primary arterial with a 150'wide right-of-way and an 84'wide pavement. DRAINAGE: Open ditches. WATER: 6" line on west wide of Major. SANITARY SEWER I SERVICE: 8 " sanitary sewer on west side of Major. FIRE PROTECTION: Fire protection is provided by Station #8, Highway 105 at Lampman. ADEQUACY OF SERVICE: Services are adequate,