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HomeMy WebLinkAbout2-17-20PCminutes * M I N U T E S * JOINT PUBLIC HEARINGS PLANNING COMMISSION CITY COUNCIL City Council Chambers February 17, 2020 A Joint Public Hearing of the Planning Commission and City Council was held on February 17, 2020 and called to order at 3:00 p.m. with the following members present: Commission Members present: Chairman Sina Nejad Commissioner Johnny Beatty Commissioner Shawn Javed Commissioner Bill Little Commissioner Tom Noyola Commissioner Taher Quaraishi Commissioner Roy Steinhagen Commission Members absent: Commissioner Lynda Kay Makin Commissioner Eddie Senigaur Alternate Commissioner Marty Craig Alternate Commissioner Cory Crenshaw Alternate Commissioner Lauren Williams Mason Councilmembers present: Mayor Becky Ames Mayor Pro-Tem W.L. Pate Councilmember Randy Feldschau Councilmember Robin Mouton Councilmembers absent: Councilmember Taylor Neild Councilmember Mike Getz Councilmember Audwin Samuel Also present: Chris Boone, Director of Planning and Community Development Adina Josey, Senior Planner Demi Laney, Planner I Tyrone Cooper, City Attorney Catherine Allen, Recording Secretary 1 Planning and Zoning February 17, 2020 APPROVAL OF MINUTES Commissioner Steinhagen moved to approve the minutes of the Joint Public Hearings held on January 27, 2020. Commissioner Beatty seconded the motion. The motion to approve the minutes carried 7:0. REGULAR MEETING 1) Preliminary Plat- Douguet's Diamond D Ranch, Phase 6: Request for preliminary plat approval of Douguet's Diamond D Ranch, Phase 6, Jefferson County, Texas. Applicant: Mr. Donald R. King, P.E. Location: south of U.S. Highway 90 on the east side of Diamond D Drive in the Planning Area of the City of Beaumont E.T.J.  Mr. Boone presented the staff report. Fittz & Shipman, Inc. has requested Preliminary Plat ap- proval of Doguet’s Diamond D Ranch, Phase 6. The project is located south of U.S. Highway 90 on the east side of Diamond D Drive in the Planning Area of the City of Beaumont's E.T.J. The 12.699 acre development is a nineteen (19) lot, single family, residential subdivision. All lots will have frontage on the proposed Norma Jane Lane which has a sixty (60) ft. R.O.W. and twen- ty (28) ft. wide paved, curb and gutter street. Water will be provided by Meeker Water Supply Corporation and sewer will be individual septic systems. Since the subdivision lies within the Planning Area of the E.T.J., Jefferson County construction specifications shall apply. The project will include curb and gutter streets, therefore note number eight (8), referring to culverts, should be removed. Slides of the subject property and preliminary plat were shown. Staff recommended approving the request with the following condition: 1. Remove item number eight (8) under notes. The commission had no questions for staff. The applicant was present. Donald R. King, P.E., 1405 Cornerstone Court, representing Fittz and Shipman, addressed the commission. He stated that he had prepared the plat and supporting documents that staff had presented and that he agrees with the condition recommended by staff. He also stated that this plat is for the purpose of continuing development in the area. The public hearing opened and closed without comment. Commissioner Little moved to approve the request for a preliminary plat approval of Douguet's Diamond D Ranch, Phase 6, Jefferson County, Texas with the following condition: 1. Remove item number eight (8) under notes. Commissioner Javed seconded the motion. The motion to approve carried 7:0. 2 Planning and Zoning February 17, 2020 2) 881-OB: Request for the conveyance and dedication of private streets and infrastructure to the City of Beaumont. Applicant: President of the Oak Trace Homeowners Association Location: Oak Trace Subdivision Mr. Boone presented the staff report. Bernadette Toups, President of the Oak Trace Homeowners Association, has requested that the City of Beaumont accept maintenance of the private street known as Oak Trace, and infrastructure. The City adopted a process for the conversion of pri- vate streets and other infrastructure to public ownership and maintenance in December of 2017. An analysis of the condition of the existing private infrastructure was conducted by the Public Works Department. The Planning Commission approved the request for acceptance with conditions in April of 2018. One condition of approval required the submission and filing of a preliminary and final plat to be paid for by the applicants. This requirement proved problematic for various reasons, but primari- ly due to surveying standards, specifically, variations of property lines that occurred over time and the impact of this issue on the titles and the sale of property. A legal document has been prepared for the purpose of conveying the paved roadway to the City in lieu of a plat. Staff recommends that all streets, water, sewer and drainage facilities be con- veyed for public ownership and maintenance, but that maintenance of all common areas, includ- ing alleys, parking areas, medians, play areas and other common areas, continue to be the re- sponsibility of the Home Owners Association. Slides of the street were shown. Mr. Boone briefly discussed the history of this case and the legal requirements involved. This item was sent to all interested parties and no opposition has been received. Staff recommended approving the request with the following condition: 1. Approval of conveyance document by City Council. Chairman Nejad asked about the condition of the streets for this and the following two agenda items. Mr. Boone replied that the street conditions vary and that current information could be provided but they are likely the same as they were in 2018 when previously before the commis- sion. The commission had no further questions for staff. The applicant was present. David Ledyard, 8 Oaktrace St, addressed the commission. Mr. Ledyard stated that he represented the Oak Trace Homeowners Association which had a meeting 2 weeks ago and had unanimous support for this proposal. He also stated that he hoped for approval by the commission. The public hearing opened and closed without comment. Commissioner Steinhagen moved to approve a request for the conveyance and dedication of pri- vate streets and infrastructure to the City of Beaumont with the following condition: 3 Planning and Zoning February 17, 2020 1. Approval of conveyance document by City Council. Commissioner Little seconded the mo- tion. The motion to approve carried 7:0. 3) 882-OB: Request for the conveyance and dedication of private streets and infrastructure to the City of Beaumont Applicant: President of the Sandlewood Trail Homeowners Association Location: Sandlewood Trail Subdivision Mr. Boone presented the staff report. Morgan L. Hawkins, President of Sandlewood Trail Homeowners Association, has requested that the City of Beaumont accept maintenance of the private street known as Sandlewood Trail, and infrastructure. The City adopted a process for the conversion of private streets and other infrastructure to public ownership and maintenance in December of 2017. An analysis of the condition of the existing private infrastructure was con- ducted by the Public Works Department. The Planning Commission approved the request for acceptance with conditions in April of 2018. One condition of approval required the submission and filing of a preliminary and final plat to be paid for by the applicants. This requirement proved problematic for various reasons, but primari- ly due to surveying standards, specifically, variations of property lines that occurred over time and the impact of this issue on the titles and the sale of property. A legal document has been prepared for the purpose of conveying they paved roadway to the City in lieu of a plat. Staff recommends that all streets, water, sewer and drainage facilities be conveyed for public ownership and maintenance, but that maintenance of all common areas, in- cluding alleys, parking areas, medians, play areas and other common areas, continue to be the responsibility of the Home Owners Association. Slides of the street were shown. Notices were sent to the property owners. Mr. Boone read a let- ter from Gerald Allen who had concerns about changes to rules about no soliciting and no tres- passing signs and street quality. Mr. Boone briefly discussed these concerns. Staff recommended approval of the request with the following conditions: 1. Approval of conveyance document by City Council. Brief discussion was held concerning the need for speed bumps to be removed and the require- ment of common parking and landscaping to be the responsibility of the homeowner’s associa- tion. The commission had no further questions for staff. The applicant was present. Morgan L. Haw- kins, 27 Sandlewood Trail, representing Sandlewood Trail Homeowner’s Association, addressed the commission. He stated that the letter that was read in opposition was concerning a different case on the agenda and that he knows of no opposition to this proposal. He also stated that there 4 Planning and Zoning February 17, 2020 were other members of the association present and that they appreciated the staff and looked forward to the change. Mr. Hawkins asked if the name of the street were changing and Mr. Boone responded that there is no plan for a name change. Discussion followed about the need to remove speed bumps and questions about the posted speed limit. Mr. Boone indicated that questions about the speed limit would need to be directed to the traffic department. Mr. Boone also stated that Mr. Hawkins was correct about the letter in opposition being related to another agenda item. The public hearing opened and closed without comment. Commissioner Little moved to approve the request for the conveyance and dedication of private streets and infrastructure to the City of Beaumont with the following condition: 1. Approval of conveyance document by City Council. Commissioner Javed seconded the mo- tion. The motion to approve carried 7:0. 4) 883-OB: Request for the conveyance and dedication of private streets and infrastructure to the City of Beaumont Applicant: President of the Woodpark Homeowners Association Location: Woodpark Subdivision Mr. Boone presented the staff report. James M. Simmons, President of Woodpark Homeowners Association, has requested that the City of Beaumont accept maintenance of the private streets known as Woodpark Street, Woodridge Lane, Windwood Lane, and infrastructures. The City adopted a process for the conversion of private streets and other infrastructure to public ownership and maintenance in December of 2017. An analysis of the condition of the existing private infrastructure was conducted by the Public Works Department. The Planning Commission approved the request for acceptance with conditions in April of 2018. One condition of approval required the submission and filing of a preliminary and final plat to be paid for by the applicants. This requirement proved problematic for various reasons, but primari- ly due to surveying standards, specifically, variations of property lines that occurred over time and the impact of this issue on the titles and the sale of property. A legal document has been prepared for the purpose of conveying they paved roadway to the City in lieu of a plat. Staff recommends that all streets, water, sewer and drainage facilities be conveyed for public ownership and maintenance, but that maintenance of all common areas, in- cluding alleys, parking areas, medians, play areas and other common areas, continue to be the responsibility of the Home Owners Association. Slides were shown of the street. Notices were sent to the property owners. Mr. Boone again dis- cussed a letter from Gerald Allen who had concerns about changes to rules about no soliciting and no trespassing signs and street quality. Staff recommended approval with the following condition: 5 Planning and Zoning February 17, 2020 1. Approval of conveyance document by City Council. The commission had no questions for staff. The applicant was present. Dean Conwell, 6650 Woodwind, representing the Woodpark Homeowners Association, addressed the commission. He asked if the speed bumps would have to be removed and Mr. Boone confirmed that they would. The public hearing opened and closed without comment. Mr. Boone briefly discussed the next steps in the process for the three streets before the commis- sion. Commissioner Noyola moved to approve the request for the conveyance and dedication of pri- vate streets and infrastructure to the City of Beaumont with the following condition: 1. Approval of conveyance document by City Council. Commissioner Quaraishi seconded the motion. The motion to approve carried 7:0. JOINT PUBLIC HEARINGS *Councilmember Feldschau arrived to the meeting at 3:54 pm and Councilmember Mouton ar- rived to the meeting at 4:07 pm. Mayor Ames called the Joint Public Hearings of February 17, 2020 to order at 4:08 pm and ex- plained the purpose of the Joint Public Hearing process. Mayor Ames then turned the meeting over to Chairman Nejad to conduct the Joint Public Hearings. 5) 2405-Z: Request to rezone the rear 200' of a property from RM-M (Residential Multiple Family Dwelling - Medium Density) to GC-MD (General Commercial -Multiple Family Dwelling) or a more restrictive district. Applicant: Ashley Malone Location: Between 3450 and 3870 Eastex Frwy. Mr. Boone presented the staff report. Ashley Malone has requested a rezoning for the property located between 3450 and 3870 Eastex Freeway. All but the rear 200 feet of the property is zoned GC-MD (General Commercial - Multiple Family Dwelling) District, creating a split zon- ing situation. The applicant would like to use the property for a new Classic Acura car dealer- ship. Properties to the north and the adjacent property to the south are all zoned GC-MD. Although the adjacent property to the northeast is zoned RS, it is currently occupied by a school. In addi- tion, a large vacant tract of land is located between the subject property and any classrooms. Final occupancy approval is subject to review and acceptance of submitted plans and field in- spections to verify compliance with applicable codes. 6 Planning and Zoning February 17, 2020 Slides of the subject property were shown. Twelve (12) notices were mailed to property owners within two hundred (200) feet of the subject property. No responses were received in favor or in opposition. Staff recommended approval of the request. The commission had no questions for staff. The applicant was present. Lee Wheeler, 400 Neches St, addressed the commission. He stated that he represented the owners and company making the request. He explained that the purpose of the request is to clear up the area and make it one zon- ing area for the purpose of building a car dealership. The public hearing opened and closed without comment. Commissioner Little moved to approve the request to rezone the rear 200' of a property from RM-M (Residential Multiple Family Dwelling - Medium Density) to GC-MD (General Com- mercial -Multiple Family Dwelling) or a more restrictive district. Commissioner Javed seconded the motion. The motion to approve carried 7:0. 6) 2408-Z: Request to Rezone a property from A-R (Agricultural - Residential) to RM-H (Residential Multiple Family Dwelling - Highest Density) or a more restrictive district. Applicant: Amron Akhtar, Amberlyn Homes, L.L.C. Location: On the west side of Major Drive, approximately 1500 ft. south of Tram Road. Mr. Boone presented the staff report. Amron Akhtar of Amberlyn Homes, L.L.C., has request- ed a rezoning for property located on the west side of Major Drive, approximately 1500 ft. south of Tram Road. The adjacent property to the south is zoned RM-H (Residential Multiple - Family Dwelling - Highest Density) and Major Drive, as a major arterial, will most likely develop with commercial frontage in the future. Final occupancy approval is subject to review and acceptance of submitted plans and field in- spections to verify compliance with applicable codes. Slides of the subject property were shown. Five (5) notices were mailed to property owners within two hundred (200) feet of the subject property. No responses were received in favor and two (2) were received in opposition. Mr. Boone read a letter from Lance Smith. The letter stated that Mr. Smith owns the surrounding property and does not feel that development in this area is beneficial. Staff recommended approval of this request. The commission had no questions for staff. The applicant was present. Amron Akhtar of Amber- lyn Homes, 12410 Keith Rd, addressed the commission. He stated that he wants to build luxury apartment homes and that they will add beauty to the area. Discussion between the commission, 7 Planning and Zoning February 17, 2020 council and the applicant revealed that the applicants had been in business for over 20 years and that they plan to build 150-190 units of 2 and 3 story apartments. Mr. Boone pointed out that this is only the zoning stage of the process and that more details will be presented at further stages. Some discussion followed concerning the water and sewer placement and zoning of surrounding areas. The public hearing opened and closed without comment. Commissioner Javed moved to approve the request to Rezone a property from A-R (Agricultural - Residential) to RM-H (Residential Multiple Family Dwelling - Highest Density) or a more re- strictive district. Commissioner Noyola seconded the motion. The motion to approve carried 7:0. 7) 2409-P: Request for a Specific Use Permit to allow a cell tower in a GC-MD (General Commercial - Multiple Family Dwelling) District. Applicant: TVTI L.L.C., D.B.A. Tower Ventures c/o Lou Katzerman Location: 5580 Cole Street Mr. Boone presented the staff report. Lou Katzerman representing TVTI, L.L.C., D.B.A. Tower Ventures, proposes to construct a one hundred eighty (180) foot cellular tower at the rear of 5580 Cole Street. The proposed tower will be a monopole designed to support four (4) antenna arrays allowing for colocations in the future. No City utilities will be required at the unmanned site. Access to the site will be via an easement from Rosedale Drive. The applicant states that a six (6) foot wooden fence will be constructed around the lease area to conceal the ground equipment. In addition, they propose a ten (10) foot wide landscaped buff- er on all four (4) sides of the site. Historically, these items have been required by the Planning Commission for cell tower sites. Final occupancy approval is subject to review and acceptance of submitted plans and field inspections to verify compliance with applicable codes. Slides were shown of the subject property and site plan. Eleven (11) notices were mailed to property owners within two hundred (200) feet of the subject property. No responses were re- ceived in favor or in opposition. Staff recommended approval with the following conditions: 1. Provide a copy of the recorded access easement and lease agreement. 2. The driveway approach shall be reconstructed to meet the city's driveway standards. 3. A six foot wood or masonry fence to be constructed 10 feet inside the perimeter edge of the lease site with a solid gate. 4. The landscaped buffer should include either one (1) class A or two (2) class B trees for each twenty-five linear feet of the perimeter of the tower site and shrubs save and except for the gated area. The commission had no questions for staff. The applicant was present. Lou Katzerman, repre- senting TVTI, L.L.C., D.B.A. Tower Ventures, 495 Tennessee St, Memphis, Tennessee, ad- dressed the commission. He stated that he is in agreement with the conditions. He also explained 8 Planning and Zoning February 17, 2020 that the new tower will enhance cellular infrastructure and e911 services in the area. Mr. Katzerman concluded that this was a great application in a commercial area and respectfully re- quested approval. The public hearing opened. Dawn Cockerill, 6710 Eastex Freeway, addressed the commission. She stated that she was the owner of the property in question and spoke in favor of the request. The public hearing closed. Commissioner Quaraishi moved to approve the request for a Specific Use Permit to allow a cell tower in a GC-MD (General Commercial - Multiple Family Dwelling) District with the follow- ing conditions: 1. Provide a copy of the recorded access easement and lease agreement. 2. The driveway approach shall be reconstructed to meet the city's driveway standards. 3. A six foot wood or masonry fence to be constructed 10 feet inside the perimeter edge of the lease site with a solid gate. 4. The landscaped buffer should include either one (1) class A or two (2) class B trees for each twenty-five linear feet of the perimeter of the tower site and shrubs save and except for the gated area. Commissioner Steinhagen seconded the motion. The motion to approve carried 7:0. OTHER BUSINESS None. THERE BEING NO OTHER BUSINESS, THE MEETING WAS ADJOURNED AT 4:23 P.M. 9