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HomeMy WebLinkAbout3-19-18 PC Minutes * M I N U T E S * REGULAR MEETING JOINT PUBLIC HEARINGS PLANNING COMMISSION CITY COUNCIL City Council Chambers March 19, 2018 A Joint Public Hearing of the Planning Commission and City Council was held on March 19, 2018 and called to order at 3:15 p.m. with the following members present: Commission Members present: Commissioner J.P. Colbert Commissioner Shawn Javed Commissioner Johnny Beatty Commissioner Roy Steinhagen Alt. Commissioner Marty Craig Alt. Commissioner Sandy Pate Commission Members absent: Chairman Sina Nejad Vice-Chairman Lauren Williams Mason Commissioner Lynda Kay Makin Commissioner Eddie Senigaur Commissioner Bill Little Alt. Commissioner B. Eliot New Councilmembers present: Mayor Becky Ames Mayor Pro-Tem Robin Mouton Councilmember Mike Getz Councilmember Audwin Samuel Councilmember W.L. Pate Councilmember Virginia Jordan 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 March 19, 2018 APPROVAL OF MINUTES Commissioner Steinhagen made a motion to approve the minutes of the Regular meetings and Joint Public Hearings held on February 19, 2018. Commissioner Colbert seconded the motion. Motion to approve carried 6:0. JOINT PUBLIC HEARING Mayor Ames called the Joint Public Hearing of March 19, 2018 to order and explained the purpose of the Joint Public Hearing process and then turned the meeting over to Alternate Commissioner Craig. 1) File 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 Commissioner Steinhagen made a motion to table File 881-OB for further discussion. Alternate Commissioner Pate seconded the motion. Motion to table carried 6:0. 2) File 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 Commissioner Steinhagen made a motion to table File 882-OB for further discussion. Alternate Commissioner Pate seconded the motion. Motion to table carried 6:0. 3) File 883-OB: A 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 Commissioner Steinhagen made a motion to table File 881-OB for further discussion. Alternate Commissioner Pate seconded the motion. Motion to table carried 6:0. 4) File 2329-Z: A rezoning study of the 1200 block of Gilbert Street. Applicant: City of Beaumont Planning Division Location: 1200 block of Gilbert Street Mr. Boone presented the staff report. A recent request for a Certificate of Occupancy for the east corner of Gilbert Street and Orange Avenue could not be approved. The current zoning of the property is RCR (Residential Conservation Revitalization). The request was for a contractor's office with no outside storage. This use is not permitted in RCR zoning with an SUP; therefore the only option is for rezoning. The property along College Street is zoned GC-MD (General Commercial - Multiple Family Dwelling). The structure at the corner of Gilbert Street and 2 Planning and Zoning March 19, 2018 Orange Street was a less intensive commercial use and cannot be considered grandfathered for a contractor’s office with indoor storage. As this property is one block away from College Street, and faces Martin Luther King Parkway, city staff sees the potential need to rezone several properties through a rezoning study. The building was constructed for commercial use prior to 1981. Slides of the subject property were shown. Planning staff recommended approval of the entire study area for rezoning to GC-MD. Mr. Boone stated that if the property were rezoned that it would not be a spot zone issue. Twenty-one (21) notices were mailed to property owners within 200 feet of the subject property. None were received in favor or opposition. No questions for Mr. Boone and no discussion. Commissioner Colbert made a motion to approve the request to rezone the 1200 block of Gilbert Street to GC-MD as requested for File 2329-Z. Commissioner Javed seconded the motion. Motion to approve carried 6:0. 5) File 2330-P: A request for a Specific Use Permit to allow a Hertz Rental car office in a NC (Neighborhood Commercial District) Applicant: Gerald W. Farha Location: 3390 Harrison Avenue Mr. Boone presented the staff report. Gerald W. Farha is requesting a Specific Use Permit to allow a Hertz Rental car office at 3390 Harrison Ave. This property is zoned NC (Neighborhood Commercial) and has an existing commercial structure located on the property. Hours of operation will be Monday thru Friday, 7a.m. - 6p.m. and Saturday 10a.m. - 2p.m. Two (2) to three (3) employees will be located in this office. In May of 1984, the property was rezoned from Multi-Family to NC (Neighborhood Commercial) with an SUP to allow an automobile leasing service. In June of 2012, a new SUP was approved for an SUP to allow an employment agency. City of Beaumont regulations state, "A specific use permit that was issued, whether by city council or exempted by section 28.04.005(d)(2) of this chapter shall become null and void, if the land use it was issued for is closed or vacated for a period of two years or more or is changed to a substantially different use. Due to the new SUP to allow an employment agency in 2012, a new SUP is required. Slides of the subject property were shown. Mrs. Josey passed out an amended site plan. Staff recommended approval with the following conditions: 1. No vehicles will be washed at this location. 2. All exterior lighting to be directional, so as to not affect adjacent streets or residentially zoned properties. Six notices were mailed to property owners within 200 feet of the subject property. No notices were received in favor or in opposition. Councilmember Jordan stated that the updated site plans did not require landscaping. Mr. Boone stated that the Commission could require it as a condition but the applicant is requesting to not install landscaping. The applicant, Gerald Farha, nd 990 22 Street addressed the Commission. Mr. Farha stated that the facility will only be a drop- 3 Planning and Zoning March 19, 2018 off for the vehicles and they will not be washed at that location. No questions or discussion. The public hearing closed. Commissioner Steinhagen made a motion to approve a request for a Specific Use Permit to allow a Hertz Rental car office in an NC (Neighborhood Commercial District) zoning as requested for File 2330-P with the following conditions: 1. No vehicles will be washed at this location. 2. All exterior lighting to be directional, so as to not affect adjacent streets or residentially zoned properties. Commissioner Javed seconded the motion. Motion to approve carried 6:0 6) File 2331-Z: A rezoning study of property located at the intersection of East Lucas Drive and Helbig Road Applicant: City of Beaumont Planning Division Location: 4900-5100 blocks of Helbig Road and 3340-3590 East Lucas Drive Mr. Boone presented the staff report. In July of 2017, Eco-Site applied to rezone the property at 5250 Helbig from NC (Neighborhood Commercial) to GC-MD (General Commercial - Multiple Family Dwelling). Staff recommended denial due to the concern that rezoning this small area to GC-MD could constitute "Spot Zoning." The Planning Commission voted 5:3 to deny the request. At the September meeting of City Council, approval of the ordinance was unanimously denied. In October Eco-Site requested reconsideration for rezoning, but withdrew the request. Staff suggested seeking approval from neighbors to the south and resubmitting a request for rezoning a larger area, adjacent to existing GC-MD zoning. Staff chose, instead, to conduct a rezoning study to determine what should be rezoned. Eco-Site has provided information from the apartment complex to be rezoned stating that they are in favor of the request. Mr. Boone stated that a proposal was made for the City of Beaumont to conduct the rezoning study to possibly expand the proposed area. In exchange for the proposal, Mr. Boone suggested that they ask the parishioners of the church and Eco-Site to approach the surrounding neighbors and the residents in the apartment complex to keep them informed of the rezoning study. Fifty-six notices were mailed to property owners within 200 feet of the subject property. None were received in favor or in opposition. Slides of the subject property were shown. Planning staff recommended approval of the entire study area to GC-MD or a more restrictive zoning district. The public hearing opened. Discussion followed. Mr. Boone stated that Eco-Site was also asked to reach out to residents in the Plymouth Village apartment complex. The Pastor of New Faith Holiness Church, Phillip Battles, 5250 Helbig Road addressed the Commission. Mr. Battles stated that he would like to see the zoning change in order to improve the area. He also stated that he reached out to surrounding neighbors in the neighborhood including the residents on McHale Street. Several residents signed petitions stating that they were in favor of the rezoning. 4 Planning and Zoning March 19, 2018 He received a letter from the President of Plymouth Village in favor as well. Mr. Battles provided copies of the petition. Ruby Decuir, 3365 Lorilee addressed the Commission. Ms. Decuir asked what the cell tower is for. Mr. Boone stated that the City of Beaumont is not handling issues with the cell tower but Eco-Site is. Jaime Miller, 3515 Velasco Court, Missouri City, Texas addressed the Commission. Mr. Miller stated that he is the subcontractor for Eco- Site. He also stated that he would install a 100 foot high monopole. Discussion followed. Mr. Boone stated that he wanted to point out that the tower would need to be at least 200 feet away from residential properties. Councilmember Samuel asked for the specifics of where the tower would be located. Slides were shown again. Discussion followed regarding zoning the property as GC-MD-2 (General Commercial Multiple Family Dwelling-2).Mr. Boone stated they are proposing to rezone the entire area to GC-MD (General Commercial Multiple Family Dwelling). The public hearing closed. Commissioner Pate made a motion to approve a request for a rezoning study of property located at the intersection of East Lucas Drive and Helbig Road to GC-MD-2 as request for File 2331-Z. Commissioner Beatty seconded the motion. Motion to approve carried 6:0. 7) File 2332-P: Request for a Specific Use Permit to allow a home daycare in a GC-MD (General Commercial-Multiple Family Dwelling) District. Applicant: Alexis Worthy Location: 2685 Louisiana Street Mr. Boone presented the staff report. Alexis Worthy submitted a request for a home daycare to be located in her home at 2685 Louisiana Street. Ms. Worthy states that she will keep 12 children between the hours of 5:30 a.m. and 9:00 p.m. She will provide three meals and an afternoon snack for the children. Staff recommended approval with the following conditions: 1. In the event of cooking for the students, contact the City of Beaumont Quality Control Division at 409-785-3012 regarding any additional water quality and/or sanitary sewer discharge requirements. 2. Care may only be provided for children under the age of 14. 3. Health inspections are required for any food storage, preparation and serving. 4. Provide five (5) parking spaces, ADA parking and accessible route to building. ADA Accessible parking space must be eleven (11) feet wide with five (5) foot, striped accessible aisle. 5. Occupancy to be rated as R3 per Beaumont Fire Department. Follow 2015 IFC and local amendments for code requirements. Slides of the subject property were shown. Fifteen notices were mailed to property owners within 200 feet of the subject property. One response was received in favor and one response was received in opposition. A brief discussion followed. Councilmember Jordan commented regarding the request. The applicant, Alexis Worthy, 2685 Louisiana addressed the Commission. 5 Planning and Zoning March 19, 2018 Ms. Worthy stated that she was currently keeping three children free of charge. She also stated that the traffic will flow through the empty lot. Ms. Worthy also stated that the way the home sits, the children will not be disruptive to the neighbors. Tony Archibald, 30 Sandlewood Trail addressed the Commission. Mr. Archibald stated that he purchased the home because it was commercial property. He spoke in favor of the request and stated that Ms. Worthy is a good tenant and he knows she will do what is right. Carlene Fitch, 2675 Louisiana addressed the Commission. Ms. Fitch lives next door to Ms. Worthy. Ms. Fitch stated that she did not have a problem with the daycare being next door, but she wanted to ensure that her driveway would not be utilized by the patrons of the daycare. The public hearing closed. Commissioner Pate made a motion to approve the request for a Specific Use Permit to allow a home daycare in a GC-MD (General Commercial-Multiple Family Dwelling) District as requested for File 2332-P with the following conditions: 1. In the event of cooking for the students, contact the City of Beaumont Quality Control Division at 409-785-3012 regarding any additional water quality and/or sanitary sewer discharge requirements. 2. Care may only be provided for children under the age of 14. 3. Health inspections are required for any food storage, preparation and serving. 4. Provide five (5) parking spaces, ADA parking and accessible route to building. ADA Accessible parking space must be eleven (11) feet wide with five (5) foot, striped accessible aisle. 5. Occupancy to be rated as R3 per Beaumont Fire Department. Follow 2015 IFC and local amendments for code requirements. Commissioner Beatty seconded the motion. Motion to approve carried 5:1 (Craig). OTHER BUSINESS THERE BEING NO OTHER BUSINESS, THE MEETING WAS ADJOURNED AT 4:26 P.M. 6