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HomeMy WebLinkAbout1446-ZDATE: May 17,1999 TO: Planning Commission and City Council FROM: Stephen C. Richardson, Planning Director SUBJECT: Request for a zone change for two tracts of land from LI (Light Industrial) to RM- H (Residential Multiple Family Dwelling -Highest Density) District. NOTE: This case was deferred at the Joint Public Hearing held on April 19, 1999. FILE: 1446-Z STAFF REPORT Mark Whiteley and Associates, Inc., consulting engineers, are representing three property owners who own land on the east side of Erie about Y2milc south of Cardinal Drive. This is at the LNVA Canal and also a south line in the corporate limits of Beaumont. This property is divided into two tracts (Lot 3/2.346 acres and Lot 5/3.59 acres) and was zoned as LI in the 1960's after Cardinal Drive was constructed. The 1981 Zoning Ordinance prohibits single family homes in the district. Owners are trying to sell property for residential purposes. Land in this immediate vicinity is used for residential purposes or are vacant and wooded tracts. Industrial uses exist to the north closer to Cardinal Drive. Exhibits are attached. PUBLIC NOTIFICATION Notices mailed to property owners 15 Responses in Favor . Responses in Opposition 0 LEGAL DESCRIPTION FOR ORDINANCE PURPOSES Lot 3 (2.346 acres) and Lot 5 (3,59) acres), Tract 134, Tax Plat B-20, Gladys City Oil and Gas Manufacturing Company Subdivision, J. A. Veatch Survey, AB-55, Beaumont, Jefferson County, Texas, total of 5.936 acres. I K K W. WWHITELEY AND ASSOCIATES INCORPORATED CONSULTING ENGINEERS, SURVEYORS, AND PLANNERS P.G.I BOX 5492 BEAUMONT, TEXAS 77726.5492 409 / 892.0421 February 24, 1999 Mr. Stephen Richardson Planning Division Director City of Beaumont P.O. Box 3827 Beaumont, Texas 77704 ATTN: Mr. Murray Duren REF: Zone Change Request 5755 & 5775 Erie Street 5.936 Acres John A. Veatch Survey Dear Murray: Attached please find two Applications for Amendment of the Zoning ordinance. The heirs of these two tracts are making a combined request for a zone change from Light Industrial to RM-H. A letter from Mr Vermilyea is attached explaining the reason for this request. Included is a vicinity map and a map showing the exact property of concern which is Lots 3 and 5 of B-20, Block 134 of the Gladys City Oil & Gas Mfg. Co. subdivision in the John A. Veatch Survey. Also included is 4 check for $500.00 for review of th6 zone change request. I Please place this request on the April 19, 1999 schedule of the Regular Meeting &. Joint Public Hearing of the Planning commission. If you have any questions or need additional information, please let me know, as I remain, Sincerely, Donald M. Rao Manager of Engineering cc: Ms. June Kimbrough cc: File 3250 Eastex Freeway Beaumont, Texas 77703 1-888.-830-5929 Fax (409) 892-1346 E-Mail mwwassocQaol.com June Kimbrough Southern Homes 290 Do,wlen Rd. Suite 103 Beaumont TX 77706 Dear Ms. Kimbrough: I Aill consent to retain Mr, Mark Whiteley in the effort to change the zoning on our property as long as Mr. Percy Wright who is m% wife's uncle does likewise. I have spoken tothe Beaumont zoning commission (Sheryl Robinson) concerning this matter. She advises me that the more acres of property involved in the rezoning request, the better the chances. This property and that of Percy Wright is what is left of the old Gorman estate which has been in the family since the 1880s. The surviving heirs are now quite old or do not live in the area any more. The property was rezoned light industrial about the time the prison was built, about 1990. We did not get any notification about this and had assumed the property which had always been residential was still so and houses could be built on the land. The cur -rent zoning restricts our own ability to build a home on the property or to sell it for that purpose. We have for approximately the last 3 years had the land on the market without any potential buyers for light industrial use. The only opportunity to sell the property was for residential purposes. Since we have had that residential land in the family for about 100 years, were not notified or given any input into the current zoning and now car► not use the land or sell the land for residential use this is a hardship we «ish to correct with the re -zoning petition. Respectfully, Barry L. Vermilyea 2227 Riverview Rd. Pine City MN. 55063 320-629-6496, NOTE: Zoning to LI was done after Cardinal Drive was completed. Public hearings were held in the 1960's. Residential use not permitted in LI after• 1981 Zoning Ordinance. - Planning Division ■M21mi ►m • 1, fC,0R1 ©A AYE 006 jdT cy S 19 .r��/ CITY LIMITS str r .NV A CANAL L N" A "C"INITY NIAP w L4 GENERAL INFORMATION/PUBLIC UTILITIES APPLICANT; Mark Whiteley and Associates PROPERTY OWNER: Lot 5 - Barry Vermilyea - Minneapolis, MN Lot 3 - Percy Wright 75% - Vidor, TX Joan Ward, Executrix 25% - Odessa, TX STATUS OF APPLICANT: Consulting engineer LOCATION: 5755 and 5775 Eric Street EXISTING ZONING: LI (Light Industrial) District PROPERTY SIZE: Lot 3 = 2.346 acres Lot 5 = 3.59 acres EXISTING LAND USES: Vacant and wooded tracts FLOOD HAZARD ZONE: "A!' - (I 00-year flood hazard) "C" - (Minimal hazards) (FIRM Panel 25C, March 16,1992) SURROUNDING LAND USES: SURROUNDING ZONING: NORTH: Residence on large tract Lf (Light Industrial) District EAST: Vacant Ll SOUTH: LNVA Canal and city limits N/A WEST: Wooded tract and vacant pasture Ll and a residence OMPREHENSIVE PLAN: Industrial OTHER PHYSICAL FEATURES: None STREETS: Erie Street - a 50' wide residential right-of- way with a 20'wide asphalt pavement. DRAINAGE: Street side ditch. Storm sewer stops at Charnbless Drive, 200 feet north. WATER: 2" water line in street GENERAL INFORMATION/PUBLIC UTILITIES, continued SANITARY SEWER SERVIC : 8" sanitary sewer in street FIRE PROTECTION: Fire protection is provided by Station #3, 3895 Kenneth (to be moved to 805 Woodrow). Existing services and utilities are suitable for residential uses.