Loading...
HomeMy WebLinkAbout4-16-18 PC Minutes%MINUTES* REGULAR MEETING JOINT PUBLIC HEARINGS PLANNING COMMISSION CITY COUNCIL City Council Chambers April 16, 2018 A Joint Public Hearing of the Planning Commission and City Council was held on April 16, 2018 and called to order at 3:15 p.m. with the following members present: Commission Members present: Commission Members absent: Councilmembers present: Councilmembers absent: Chairman Sina Nejad Vice -Chairman Lauren Williams Mason Commissioner J.P. Colbert Commissioner Shawn Javed Commissioner Johnny Beatty Commissioner Lynda Kay Makin Commissioner Eddie Senigaur Commissioner Bill Little Alt. Commissioner Marty Craig Alt. Commissioner Sandy Pate Commissioner Roy Steinhagen Alt. Commissioner B. Eliot New Mayor Becky Ames Councilmember Mike Getz Councilmember Audwin Samuel Councilmember W.L. Pate Councilmember Virginia Jordan Mayor Pro -Tern Robin Mouton Also present: Chris Boone, Director of Planning and Community Development Adina Josey, Senior Planner Tyrone Cooper, City Attorney Fran Malvo, Recording Secretary Planning and Zoning April 16, 2018 APPROVAL OF MINUTES Commissioner Seniguar made a motion to approve the minutes of the Regular meetings and Joint Public Hearings held on March 19, 2018. Alternate Commissioner Pate seconded the motion. Motion to approve carried 9:0. REGULAR MEETING 1) Preliminary Plat -Chateau Nielle of South Pine Island: Request for approval of a Preliminary Plat of Chateau Nielle of South Pine Island, Jefferson County, Beaumont, Texas Applicant: Mark W. Whiteley and Associates, Inc. Location: The southwest intersection of Walden Road and South Pine Island Road, in the Planning Area of The City of Beaumont, E.T.J. Mr. Boone presented the staff report. Mark W. Whiteley and Associates, Inc. have requested preliminary plat approval of Chateau Nielle of South Pine Island. The project is located southwest of intersection of Walden Road and South Pine Island Road within the Planning Area of the City of Beaumont E.T.J. The 21.0411 acre development is a seventeen (17) lot, single family, residential subdivision. All lots will front on a newly constructed street, Lana Lane, a 60' wide right-of-way. Water will be provided by Meeker Water Supply Corporation and sewer will be individual septic systems. Concern was expressed over maintenance of drainage easements. Both Jefferson County and Jefferson County Drainage District #6 stated that they would not be responsible for maintenance of the ditches on the plat. Since the subdivision lies within the Planning Area of the E.T.J., Jefferson County construction specifications and regulations shall apply. The Planning staff recommends approval with the following condition: 1. A note is added to the plat stating maintenance of common area and drainage ditches will be responsibility of the owners. This item was sent to all interested parties. The applicant, Zachary Rowe, representing Mark W. Whiteley and Associates, Inc., 3250 Eastex Freeway addressed the Commission. There were no questions or comments. Commissioner Makin made a motion to approve the Preliminary Plat of Chateau Nielle with the following conditions: 1. A note is added to the plat stating maintenance of common area and drainage ditches will be responsibility of the owners. Commissioner Little seconded the motion. Motion to approve carried 9:0. Pa Planning and Zoning April 16, 2018 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 Chairman Nej ad. 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 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 its infrastructure. The City recently adopted a process for the conversion of private streets and other infrastructure to public ownership and maintenance (see attached). Also attached is an analysis of the condition of the existing private infrastructure, conducted by the Public Works Department. If this application is approved by City Council, an amended subdivision plat will be necessary to convey the property and infrastructure as well as accurately reflect rights -of -way and other public easements and facilities on the recorded plat. If approved, the applicant will need to submit an application for this amended subdivision plat. One additional issue to consider which common elements should be accepted, including alleyways, driveways, common areas parking and landscaped medians and recreational areas. Staff recommends that all streets, water, sewer and drainage facilities are conveyed for public ownership and maintenance, but that maintenance of all common areas, including alleys, parking areas, medians, play areas and other common areas, continue to be the responsibility of the Home Owners Association. Planning staff recommends approval with the following conditions: 1, Require the submission and filing of a preliminary and final plat to be paid for by the applicants. 2. Identification of private common areas and facilities on the final plat and placement of a note on the final plat stating that maintenance of these areas is to be provided by the Home Owners Association. This item was sent to all interested parties. Slides were shown of the subject property. Mr. Boone stated that if the private streets are accepted as public, the City will make no commitments for maintenance. David Ledyard, representing the President of the Home Owners Association, Bernadette Toups, 8 Oak Trace addressed the Commission. Mr. Ledyard stated that he understood and agreed with the requirements. There were no questions or comments. The public hearing closed. Commissioner Seniguar made a motion to approve the request for the conveyance and dedication of private 3 Planning and Zoning April 16, 2018 streets and infrastructure to the City of Beaumont as requested for File 881-OB with the following conditions: 1. Require the submission and filing of a preliminary and final plat to be paid for by the applicants. 2. Identification of private common areas and facilities on the final plat and placement of a note on the final plat stating that maintenance of these areas is to be provided by the Home Owners Association. Commissioner Little seconded the motion. Motion to approve carried 9:0. 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 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 its infrastructure. The City recently adopted a process for the conversion of private streets and other infrastructure to public ownership and maintenance (see attached). Also attached is an analysis of the condition of the existing private infrastructure, conducted by the Public Works Department. If this application is approved by City Council, an amended subdivision plat will be necessary to convey the property and infrastructure as well as accurately reflect rights -of -way and other public easements and facilities on the recorded plat. If approved, the applicant will need to submit an application for this amended subdivision plat. One additional issue to consider which common elements should be accepted, including alleyways, driveways, common areas parking and landscaped medians and recreational areas. Staff recommends that all streets, water, sewer and drainage facilities to be conveyed for public ownership and maintenance, but that maintenance of all common areas, including alleys, parking areas, medians, play areas and other common areas, continue to be the responsibility of the Home Owners Association. Planning staff recommends approval with the following conditions: 1. Require the submission and filing of a preliminary and final plat to be paid for by the applicants. 2. Identification of private common areas and facilities on the final plat and placement of a note on the final plat stating that maintenance of these areas is to be provided by the Home Owners Association. This item was sent to all interested parties. Slides were shown of the subject property. Mi•. Boone stated that a drainage easement was needed and the estimate to bring the street to standard is $1.8 million. He also stated that failure 4 Planning and Zoning April 16, 2018 to correct the drainage issues could possibly cause future flooding. Estimate costs for drainage improvements are approximately $155,000. Commissioner Little asked if the alleyways would be maintained by the City. Joe Majdelani confirmed the City will only maintain the main streets. Mr. Boone stated that he met with the residents to discuss who would be responsible for what. The applicant and President of the Home Owners Association, Morgan Lynn Hawkins, 27 Sandlewood Trail addressed the Commission. Mr. Hawkins expressed concerns about outside citizens using the street. A brief discussion was held. Commissioner Mason made a motion to approve the request for the conveyance and dedication of private streets and infrastructure to the City of Beaumont as requested for File 882-OB with the following conditions: 1. Require the submission and filing of a preliminary and final plat to be paid for by the applicants. 2. Identification of private common areas and facilities on the final plat and placement of a note on the final plat stating that maintenance of these areas is to be provided by the Home Owners Association. 3. Removal of the speed bumps. Commissioner Mason seconded the motion. Motion to approve carried 9:0. 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 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 their infrastructures. The City recently adopted a process for the conversion of private streets and other infrastructure to public ownership and maintenance (see attached). Also attached is an analysis of the condition of the existing private infrastructure, conducted by the Public Works Department. If this application is approved by City Council, an amended subdivision plat will be necessary to convey the property and infrastructure as well as accurately reflect rights -of -way and other public easements and facilities on the recorded plat. If approved, the applicant will need to submit an application for this amended subdivision plat. One additional issue to consider which common elements should be accepted, including alleyways, driveways, common areas parking and landscaped medians and recreational areas. Staff recommends that all streets, water, sewer and drainage facilities are conveyed for public ownership and maintenance, but that maintenance of all common areas, including alleys, parking areas, medians, play areas and other common areas, continue to be the responsibility of the Home Owners Association. At a Joint Public Hearing held on April 16, 2018, the Planning Commission recommended 9:0 to approve a request for the conveyance and dedication of private streets and infrastructure to the City of Beaumont with the following conditions; 5 Planning and Zoning April 16, 2018 1. Require the submission and filing of a preliminary and final plat to be paid for by the applicants. 2. Identification of private common areas and facilities on the final plat and placement of a note on the final plat stating that maintenance of these areas is to be provided by the Home Owners Association. Slides of the subject property were shown. Mr. Boone stated that the estimated costs for streets would approximately $892,000 and that flooding could incur if not corrected. The estimated costs for drainage would be approximately $194,000.Commissioner Colbert questioned whether or not sidewalks would be needed. Mr. Boone stated that sidewalks would not be included and he he had no dollar amount available. He did state that 4,460 square yards of street would need to be replaced and 1,750 square yards of sidewalk would need to be constructed. The applicant and President of the Woodpark Home Owners Association, Dr. Jimmy Simmons, 6670 Woodridge addressed the Commission. A brief discussion followed. No questions or comments. The public hearing closed. Commissioner Senigaur made a motion to approve the request for the conveyance and dedication of private streets and infrastructure to the City of Beaumont as requested for File 883-OB with the following conditions: 1. Require the submission and filing of a preliminary and final plat to be paid for by the applicants. 2. Identification of private common areas and facilities on the final plat and placement of a note on the final plat stating that maintenance of these areas is to be provided by the Home Owners Association. 3. Water meters must be installed in front of each residence. Commissioner Little seconded the motion. Motion to approve carried 9:0. 4) File 2333-ZIP: A request for a rezoning from RS (Residential Single Family Dwelling) to RCR (Residential Conservation Revitalization) with a Specific Use Permit to allow a tax preparation office. Applicant: Jeff & Tonya Griffin Location: 1690 Chamberlin Mr. Boone presented the staff report. Jeff & Tonya Griffin are requesting a zone change from RS (Residential Single Family Dwelling) to RCR (Residential Conservation Revitalization) for the property located at 1690 Chamberlin Drive. The Griffins are also requesting a Specific Use Permit to allow a tax preparation office at this location. In February, staff received reports from neighbors that a business had been established at this location. Further investigation revealed that the Griffins had indeed been using the property as a tax office since Mrs, Griffin's mother passed away. Attempts to improve the parking situation alerted neighbors to this fact. 2.1 Planning and Zoning April 16, 2018 The property is located adjacent to commercially zoned lots facing Washington Boulevard. As there is currently no buffer between the residentially zoned neighborhood and this commercial property, it would be reasonable to create a buffer of the property in question. RCR (Residential Conservation Revitalization) would allow for a handful of light commercial uses that require a Specific Use Permit. This would allow for conditions to protect the neighboring properties. In an effort to preserve the residential nature of the property, parking should be moved to the rear of the property. This will also provide more room for parking. In addition, screening should not extend past the front of the house, and the landscaped buffer would need to be waived to allow access to the rear yard where the driveway or parking exists. Staff recommended approval of the rezoning, and approval of the Specific Use Permit with a waiver to the landscaped buffer and the following conditions: 1. Four (4) off street parking spaces will be required to meet City of Beaumont regulations. One of these spaces must be ADA compliant and van accessible. The ADA space and access isle must be paved. ADA compliant ramps must be installed. 2. Parking to be located at rear of property and front yard to be restored. 3. An eight (8) foot wood or masonry fence must be installed along the north property line from the front of house to the rear. 4. Structure must be brought up to code for a commercial structure per City of Beaumont Building Codes. Slides of the subject property were shown. Twenty (20) notices were mailed to property owners within 200 feet of the subject property. No responses were received in favor and three (3) notices were received in opposition. The applicant, Tonya Griffin 1690 Chamberlin addressed the Commission. Mrs. Griffin stated that she will comply with the conditions. Joann Cox, 1670 Chamberlin Drive addressed the Commission. Ms. Cox spoke in opposition of the case. She stated that if a parking lot is built in the back yard of the property it will result in additional flooding. Glenn Ward, 1655 Chamberlin addressed the Commission and spoke in opposition of the case. No further questions or comments. The public hearing closed. Mrs. Griffin readdressed the Commission. She stated that the traffic flow is only heavy three months out of the year. She also stated that she and her husband occupy the property and that they only see clients from the end of January to the end of April. Commissioner Makin made a motion to approve a request for a Rezoning from RS (Residential Single Family Dwelling) to RCR (Residential Conservation Revitalization) with a Specific Use Permit to allow a tax preparation office as requested for File 2333-ZIP with the following conditions: 1. Four (4) off street parking spaces will be required to meet City of Beaumont regulations. One of these spaces must be ADA compliant and van accessible. The ADA space and access isle must be paved. ADA compliant ramps must be installed. 2. Parking to be located at rear of property and front yard to be restored. 7 Planning and Zoning April 16, 2018 3. An eight (8) foot wood or masonry fence must be installed along the north property line from the front of the house to the rear. 4. Structure must be brought up to code for a commercial structure per City of Beaumont Building Codes. Commissioner Colbert seconded the motion. Motion to approve carried 9:0. 5) File 2334-P: A request for a Specific Use Permit to allow a daycare facility in a GC-MD- 2(General Commercial -Multiple Family Dwelling-2) District. Applicant: Stephen West Location: 6300 block of Delaware Street, approximately 600 feet of East Valmont Mr. Boone presented the staff report. Stephen West is requesting a Specific Use Permit to allow a daycare center in the 6300 block of Delaware Street. Mr. West states the facility will provide care for a maximum of 295 students and be staffed by a maximum of 48 employees. The largest shift would require 20 employees onsite. Hours of operation will be Monday thru Friday, 6:00 a.m. to 6:30p.m. and a concierge service will be utilized for drop off and pick up times, to assist in efficient use of parking areas and driving lanes. Staff recommends approval with the following conditions: 1. Plans must show thrce (3) required ADA parking spaces, one being van accessible, as well as access isles and the required ramp for access to the structure. 2. Landscaping shall be installed along the perimeter of the parking area at the right-of-way along with required parking islands to meet City of Beaumont regulations. ' Slides of the subject property were shown. Twelve notices were mailed to property owners within 200 feet of the subject property. No notices were received in favor or in opposition. Chairman Nejad stated that there was a conflict with one of the property owners and abstained from voting. Vice -Chairman Mason concluded. The applicant was present. Stephen West, representing Mark Whiteley and Associates, 3250 Eastex Freeway addressed the Commission. Mr. West stated that the facility will be a daycare. Sam Parigi, 125 Central Caldwood addressed the Commission. Mr. Parigi stated that Chaiiman Nejad abstained because they share a driveway and they will mutually share a common driveway. A brief discussion followed. Commissioner Senigaur asked will the daycare facility be government subsidized. The age limit is (6) six weeks old to twelve (12) years old. Vice -Chairman Mason asked was the daycare affiliated with a franchise and a young woman answered there are a total of 164 franchises state wide. Chardae Walker, 2140 Oklahoma Street addressed the Commission. Ms. Walker stated she will the owner of the Kids are Kids daycare. The daycare is franchised worldwide. She also stated the ages are from six (6) weeks to twelve (12) years of age and the times are 6:00 a.m. to 6:30 p.m. The public hearing closed. Alternate Commissioner Pate made a motion to approve a request for a Specific Use Permit to allow a daycare facility in a GC-MD-2 (General Commercial -Multiple Family Dwelling-2) District as requested for File 2334-P with the following conditions: 1. Plans must show three (3) required ADA parking spaces, one being van accessible, as well as access isles and the required ramp for access to the structure. Planning and Zoning April 16, 2018 2. Landscaping shall be installed along the perimeter of the parking area at the right-of-way along with required parking islands to meet City of Beaumont regulations. Commissioner Makin seconded the motion. Motion to approve carried 7:0 (Nej ad -abstained, Beatty -left before voting). 6) File 2235-P: A request for a Specific Use Permit to allow an assembly/warehouse/ianufacturing facility in the CBD (Central Business District). Applicant: Beaumont Manufacturing and Distribution Company, LLC Location: 850 Fannin Mr. Boone presented the staff report. Beaumont Manufacturing and Distribution Company, L.L.C. would like a Specific Use Permit to allow an assembly/warehouse/manufacturing facility at 850 Fannin Street. The property is located in the Central Business District of downtown Beaumont. The previous occupant was a printing company. The applicant states that there will be no actual manufacturing or machining taking place at this location. Assembly, of the products, will be the most intense use of the property. This assembly will only require hand tools and light air tools. Most noise will emanate from delivery trucks, and forklifts used to move merchandise. Staff recommends approval of the request. Slides of the subject property were shown. Thirteen (13) notices were mailed to property owners within 200 feet of the subject property. No responses were received in favor or in opposition. The applicant was present. T.C. McGuess, representing Beaumont Manufacturing and Distribution Company, L.L.C., 1009 Laurel Avenue addressed the Commission. Mr. McGuess stated that the facility will serve as the Corporate Headquarters and the Accounting and Engineering departments will be housed at this location. It will also be used a warehouse and no machining or welding will be taking place. Mr. McGucss stated that the company manufactures components for the oil and gas industry. No questions or comments. The public hearing closed. Vice -Chairman Mason made a motion to approve a request for a Specific Use Permit to allow an assembly/warehouse/manufacturing facility in the CBD (Central Business District) as requested for File 2235-P. Commissioner Colbert seconded the motion. Motion to approve carried 8:0. 7) File 2336-P: Request for a Specific Use Permit to allow a Residential Substance Abuse Treatment Facility in an RM-H (Residential Multiple Family Dwelling -Highest Density) District Applicant: Land Manor, Inc. Location: 4655 Collier Street Mr. Boone presented the staff report. Land Manor, Inc. is requesting a Specific Use Permit to allow a residential substance abuse treatment facility at 4655 Collier Street. The applicant states the facility would treat both males and females, but would most likely be occupied by adult or adolescent males. This location would be a 24 hour residential facility where the individuals live on a temporary basis. Several years ago, the property was used as a residential treatment facility, but had been converted to office space for the past 10 plus years. Therefore, a Specific Use Permit was required. The facility will accommodate up to 21 residents. 9 Planning and Zoning April 16, 2018 Staff recommends approval with the following condition: 1. Thirty-two (32) off-street parking spaces will be required including two (2) ADA spaces, one being van accessible. ADA compliant access isle and ramps must also be installed. 2. Structure must be brought up to Fire code per occupancy. (IFC/City Ordinances) Slides of the subject property were shown. Nine notices were mailed to property owners within 200 feet of the subject property. No responses were received in favor or in opposition. Mr. Boone stated that the structure must be in compliance with the fire code. The applicant was present. Carl White, Executive Director for Land Manor, Inc., 4655 Collier Street addressed the Commission. Mr, White stated he plans to house approximately twenty-one (21) adolescent males with 24-hour care. No questions or comments. The public hearing closed. Commissioner Little made a motion to approve a request for a Specific Use Permit to allow a Residential Substance Abuse Treatment Facility in an RM-H (Residential Multiple Family Dwelling -Highest Density) District as requested for File 2336-P with the following conditions: 1. Thirty-two (32) off-street parking spaces will be required including two (2) ADA spaces, one being van accessible. ADA compliant access isle and ramps must also be installed. 2. Structure must be brought up to Fire code per occupancy. (IFC/City Ordinances) Commissioner Senigaur seconded the motion. Motion to approve carried 7:1 (Mason). 8) 2338-Z: Request for a rezoning study of a portion of property in the 3300 block of East Lucas Drive. Applicant: City of Beaumont, Planning Division Location: 3340 E. Lucas/5075 Bigner Road Mr. Boone presented the staff report. In April, staff conducted a rezoning study of property at the intersection of East Lucas Drive and Helbig Road. The property in question was rezoned to GC- MD-2 (General Commercial - Multiple Family Dwelling - 2). This rezoning left a triangular shaped portion of GC -MD (General Commercial - Multiple Family Dwelling) property near the intersection of East Lucas Drive and Bigner Road. In the interest of not leaving this odd portion of zoning along East Lucas Drive, and at the request of Beaumont City Council, staff is conducting a zoning study of the remnant. Planning staff recommends rezoning of the study area to GC-MD-2, to match the adjacent property which was recently rezoned. Slides of the subject property were shown. Eighteen (18) notices were mailed to property owners within 200 feet of the subject property. No responses were received in a favor and none were received in opposition. The public hearing opened. Sam Parigi, 445 N. 14"' Street addressed the Commission regarding the Catholic Church St. Pius. A brief discussion followed. The public hearing closed. Commissioner Makin made a motion to approve a request for a rezoning study of a portion of property in the 3300 block of East Lucas Drive. Alternate Commissioner Pate seconded the motion. Motion to approve carried 8:0. 10 Planning and Zoning April 16, 2018 OTHER BUSINESS THERE BEING NO OTHER BUSINESS, THE MEETING WAS ADJOURNED AT 4:30 P.M. II ?'33YP IRA11101002 i0 IGNO NI 1 1 MIN I THE STATE OF TEXAS § COUNTY OF JEFFERSON § I, 5 / N P- 6`1 ejy'l as a member of the (City Council, commission, or board) make this affidavit and hereby on oa state the following: I, and/or a person or persons related to me, have a substantial interest in a business entity that would be peculiarly affected by a vote or decision of the (City Council, commission, or board) as those terms are defined in V.T.C.A., Local Government Code, §171.002. The business entity is: (Name) (Address) (" %" or name of relative and relationship) have/has a substantial interest in this business entity for the following reasons: (check all of which are applicable.) Ownership of 10 percent or more of the voting stock or shares of the business entity. Ownership of either 10 percent or more or $5,000 or more of the fair market value of the business entity. Funds received from the business entity exceed 10 percent of (my, her, his) gross income for the previous year. Real property is involved, and (I, he, she) have an interest which is an equitable or legal ownership with a fair market value of at least $2,500, A relative of mine, within the first or second degree of blood or marriage, has a substantial interest in the business entity or property that would be affected by a decision of the public body of which I am a member. Upon filing of this affidavit with the City Clerk, I affirm that I will abstain from voting on any decision involving this business entity and from any further participation on this matter whatsoever. Signed this day of Signa fficial C- Aq r /I Title BEFORE ME, the undersigned authority, on this day personally appeared r and an oath stated that the facts hereinabove stated are true to the best of his/her knowledge or elief. SWORN to and subscribed before me on this J&ay o 20 FRAM M. MALVO Notary ID # 11294048 t Public in and for the State of Texas My Commission Expires a December 15, 2020