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HomeMy WebLinkAbout8-19-19PCminutes * M I N U T E S * JOINT PUBLIC HEARINGS PLANNING COMMISSION CITY COUNCIL City Council Chambers August 19, 2019 A Joint Public Hearing of the Planning Commission and City Council was held on August 19, 2019 and called to order at 3:17 p.m. with the following members present: Commission Members present: Chairman Sina Nejad Vice-Chairman Lauren Williams Mason Commissioner Lynda Kay Makin Commissioner Shawn Javed Commissioner Eddie Senigaur Commissioner Bill Little Commissioner Johnny Beatty Commission Members absent: Commissioner J.P. Colbert Commissioner Roy Steinhagen Alternate Commissioner Sandy Pate Alternate Commissioner Cory Crenshaw Alternate Commissioner Marty Craig Councilmembers present: Councilmember Robin Mouton Councilmember Audwin Samuel Councilmember Mike Getz Councilmember Taylor Neild Councilmembers absent: Mayor Becky Ames Mayor Pro-Tem W.L. Pate Councilmember Randy Feldschau Also present: Chris Boone, Director of Planning and Community Development Adina Josey, Senior Planner Tyrone Cooper, City Attorney Fran Malvo, Recording Secretary 1 Planning and Zoning August 19, 2019 APPROVAL OF MINUTES Commissioner Senigaur made a motion to approve the minutes of the Joint Public Hearings held on July 15, 2019. Vice-Chairman Mason seconded the motion. Motion to approve the minutes carried 7:0. REGULAR MEETING 1) Preliminary Plat of Manion Drive West: Request for approval of the Preliminary Plat of Manion Drive West, Beaumont, Jefferson County, Texas. Applicant: Schaumburg & Polk, Inc. Location: Midway between Dishman Road and Phelan Boulevard, on the east side of Keith Road. Mr. Boone presented the staff report. Schaumburg & Polk, Inc. has requested preliminary plat approval of Manion Drive West. This property is located east of Keith Road, midway between Dishman Road and Phelan Boulevard. The development is a 0.375 acre, street right- of-way. The purpose of this application is to convey a private improvement for public use. The construction company that has been drilling at this location installed a bridge across the LNVA (Lower Neches Valley Authority) canal and is now being required to remove the bridge. The City is considering accepting the bridge. Slides were shown of the subject property. Staff recommended approval of the request with the following condition: 1. Acceptance of the bridge by City Administration and by City Council. A brief discussion ensued regarding the drilling company renting from the LNVA for author- ized use of the property. No further discussion. Commissioner Makin made a motion to ap- prove the Preliminary Plat of Manion Drive West as requested with the following condition: 1. Acceptance of the bridge by City Administration and by City Council. Vice-Chairman Mason seconded the motion. Motion to approve carried 7:0. 2) Replat-James Acres, Lot 2: Request for approval of a Replat of Lot 2 into Lots 2A & 2B, James Acres, Beaumont, Jefferson County, Texas. Applicant: Soutex Surveyors and Engineers Location: 11297 and 11299 LaBelle Road Mr. Boone presented the staff report. Soutex Surveyors has requested approval of a Replat of Lot 2 into Lots 2A & 2B, James Acres, Beaumont, Jefferson County, Texas. The division of the land is intended to develop two lots for residential use. The property is located in the ETJ. The location of the subject property is 11299 and 11297 LaBelle Road. 2 Planning and Zoning August 19, 2019 The lots meet the minimum lot requirements for residential property. Slides were shown of the subject property. The Planning Staff recommended approval of the request. Six (6) notices were mailed to property owners within 200 feet of the subject property. None were received in favor or in opposition. No questions or comments for Mr. Boone. The public hearing opened and closed. Vice-Chairman Mason made a motion to approve the request for a Replat of Lot 2 into Lots 2A and 2B, James Acres. Commissioner Makin seconded the motion. Motion to approve carried 7:0. JOINT PUBLIC HEARINGS Councilmember Mouton called the Joint Public Hearings of August 19, 2019 to order and explained the purpose of the Joint Public Hearing process. Councilmember Mouton turned the meeting over to Chairman Nejad to conduct the Joint Public Hearings. 3) 2391-P: Request for a Specific Use Permit to allow small equipment rental in a GC-MD (General Commercial-Multiple Family Dwelling) District. Applicant: JAC Rentals Excavators, L.L.C. Location: 1420 W. Cardinal Drive Mr. Boone presented the staff report. JAC Rentals Excavators, L.L.C. has requested a Specific Use Permit to allow small equipment rentals at 1420 W. Cardinal Drive. No equipment over 9,500 lbs. would be available at this location. The business would be open and available twenty-four (24) hours per day, seven (7) days per week. Currently the business is family-run, but may hire other employees in the future. Slides were shown of the subject property. Eight (8) notices were mailed to property owners within 200 feet of the subject property. One response was received in favor and none in opposition. Staff recommended approval with the following conditions: 1. Driveway on the east corner must be blocked by a wheel stop restricted*. 2. A minimum of two (2) handicap spots per ADA regulations must be added. 3. ADA access to the main entrance shall be provided, if not already in place. Mr. Boone stated that during the workshop*, a discussion was held regarding the first condition and it was agreed upon to change the condition to read, “Driveway on the east corner must be restricted.” No questions for Mr. Boone. The public hearing opened. Muhammed Raza, 1270 W. Cardinal Drive addressed the Commission. Mr. Raza spoke in favor of the request. The applicant was present. Jacob Cameron, 1420 W. Cardinal Drive 3 Planning and Zoning August 19, 2019 addressed the Commission. Mr. Cameron stated that he has a designated handicap spot. He also stated he has been operating the business for 2 years. No other questions or comments. The public hearing closed. Commissioner Senigaur made a motion to approve the request for a Specific Use Permit to allow a small equipment rental in a GC-MD as requested for File 2391-P with the following conditions: 1. Driveway on the east corner must be restricted. 2. A minimum of two (2) handicap spots per ADA regulations must be added. 3. ADA access to the main entrance shall be provided, if not already in place. Vice-Chairman Mason seconded the motion. Motion to approve carried 6:0:1 (Javed abstained). 4) 2392-P: Request for a Specific Use Permit to allow roadway construction outdoor storage and an office in a GC-MD (General Commercial-Multiple Family Dwelling) District. Applicant: Angel Brothers Holdings Corp. Location: 7815 Eastex Freeway Mr. Boone presented the staff report. Angel Brothers Holdings Corp., has requested a Specific Use Permit to allow roadway construction outdoor storage and an office at 7815 Eastex Freeway. A trailer will be set on the property for office use. The remainder of the property will be used as a laydown yard for crash barrier and excavation spoils during the Eastex Freeway expansion. Equipment used to move the barrier will also be stored at this location. Slides of the subject property were shown. Twenty-seven (27) notices were mailed to property owners within 200 feet of the subject property. No responses were received in favor and two responses were received in opposition. Staff recommended approval with the following conditions: 1. Grading and driveway permits must be obtained from TXDOT. 2. No disturbance of the property within 25' of the southwest property line or provision of a landscaped buffer to meet City of Beaumont Ordinance standards along the southwest property line. 3. The site is restored to its original condition, including construction spoils , upon completion of the project. * Mr. Boone stated that during the workshop*, the third condition was added. The applicant was present. Dan Erickson, 3003 Kilgore, Baytown, Texas, addressed the Commission. Mr. Erickson stated that the project will consist of widening U.S. 69 starting on the south side of the bridge and will go north for two miles up to Tram Road. He stated the 4 Planning and Zoning August 19, 2019 only spoils that will be placed on the property will consist of materials and some dirt. No asphalt will be stored on the property. A brief discussion followed regarding what would be placed on the property, noise, timespan for the project and hours of operation. The public hearing opened. Mr. Boone read the two oppositions. The applicant readdressed the Commission and stated no dump trucks will be operating outside of work hours nor will the noise be an issue. He also stated that he obtained permission from the LNVA (Lower Neches Valley Authority) to store equipment on the property. No other questions or comments. The public hearing closed. Commissioner Makin made a motion to approve the request for a Specific Use Permit to allow roadway construction outdoor storage and an office in a GC- MD (General Commercial-Multiple Family Dwelling) District as requested for File 2392-P with the following conditions: 1. Grading and driveway permits must be obtained from TXDOT. 2. No disturbance of the property within 25' of the southwest property line or provision of a landscaped buffer to meet City of Beaumont Ordinance standards along the southwest property line. 3. The site is restored to its original condition, including construction spoils , upon completion of the project. Commissioner Senigaur seconded the motion. Motion to approve carried 7:0. 5) 2393-P: Request for a Specific Use Permit to allow general warehousing and storage in a GC-MD (General Commercial-Multiple Family Dwelling) District. Applicant: Gulf States Scientific, L.L.C. Location: 2488 West Cardinal Drive Mr. Boone presented the staff report. Gulf States Scientific, L.L.C. has requested a Specific Use Permit to allow general warehousing and storage at 2488 West Cardinal Drive. This laboratory supply company will receive supply and small chemical shipments, then distribute them to plants and refineries in the Beaumont, Port Arthur and Lake Charles areas. Hours of operation will be Monday thru Friday, 7 a.m. till 5 p.m. This business is expecting to hire seven (7) employees. Slides were shown of the subject property. Nine (9) notices were mailed to property owners within 200 feet of the subject property. There were no responses received in favor or in opposition. Planning staff recommended approval of the request. No questions for Mr. Boone. The applicant was present. Martin Jackson, representing Gulf States Scientific, L.L.C., New Orleans Louisiana, addressed the Commission. Mr. Jackson stated that the chemicals will be kept in the boxes and may only be on the premises for two days. The public hearing opened. No questions or comments. The public hearing closed. Commissioner Little made a motion to approve the request for a Specific Use Permit to allow general warehousing and storage in a GC-MD (General Commercial-Multiple Family Dwelling) District as requested for File 2393-P.Vice-Chairman Mason seconded the motion. Motion to approve carried 7:0. 5 Planning and Zoning August 19, 2019 6) 897-OB: Request for amendments to the Subdivision and Site Development Regulations, Section 26.01.006, Section 26.02.002, Section 26.02.003, Section 26.02.004 and Section 26.05.003. Applicant: City of Beaumont Planning Division Mr. Boone presented the staff report. The Planning Staff is recommending changes be made to Sec. 26 Subdivision and Site Development Regulations, Sec. 26.01.006, Sec. 26.02.002, Sec. 26.02.003, Sec. 26.02.004 and 26.05.003. Despite objections from numerous cities, including Beaumont as well as the Texas Chapter of the American Planning Association, HB 3167 was recently approved by the Texas Legislature and signed into law by Governor Abbott. The stated purpose of the bill was to mandate a strict “shot clock” for rapid subdivision review and allow for a liberal appeal process. While this bill may have addressed issues in some larger jurisdictions, historically, the issues it attempted to address were not common in Beaumont. Unfortunately, the law will greatly limit the ability of the Commission and staff to work with applicants to get a plat approved due to the strict new “shot clock”. Specifically, the new law requires that the Planning Commission vote on a proposed plat within thirty (30) days of submission. In the past, applicants were able to request extensions to address issues with a plat and the item could be heard at the next meeting. Under this new law, an applicant may request an extension in writing. However, if the Commission agrees to the extension, a special meeting would have to be held to then vote on the item to meet the new “shot clock” requirements. In addition, conditional approvals and denials will need to specifically articulate the reason for a condition or denial, citing the specific regulation. In addition, at any point after a conditional approval or denial of a plat, the applicant may appeal the decision of the Commission. The Commission will then have to reconvene within fifteen (15) days. If the next regularly scheduled meeting is beyond the mandated fifteen (15) day period, a special meeting of the Commission would be required to be held. Should any of these mandated deadlines be missed, the plat would be deemed automatically approved, regardless of the deficiencies. Due to the mandate for the amendment to the City’s ordinances, staff is taking the opportunity to recommend some other amendments to the Subdivision Regulations. Most of these proposed changes are minor. However, staff is recommending a clarification of the definition of “Frontage”. Historically, new lots should have adequate frontage on a public street or road or a private street, if approved by the Planning Commission. This provides for orderly development and access to needed public services such as access, water, sewer and other utilities as well as access to police and fire services. However, it may be acceptable to consider commercial lots that have direct access not to a public street, but via an easement, provided this easement is open to the public and perpetual. A brief discussion followed. Vice-Chairman Mason made a motion to approve the request for amendments to the 6 Planning and Zoning August 19, 2019 Subdivision and Site Development Regulations, Section 26.01.006, Section 26.02.002, Section 26.02.003, Section 26.02.004 and Section 26.05.003 as requested for File 897-OB. Commissioner Makin seconded the motion. Motion to approve carried 7:0. OTHER BUSINESS None. THERE BEING NO OTHER BUSINESS, THE MEETING WAS ADJOURNED AT 4:00 P.M. 7