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HomeMy WebLinkAbout5-21-18 PC Minutes REVISED * M I N U T E S * REGULAR MEETING JOINT PUBLIC HEARINGS PLANNING COMMISSION CITY COUNCIL City Council Chambers May 21, 2018 A Joint Public Hearing of the Planning Commission and City Council was held on May 21, 2018 and called to order at 3:19 p.m. with the following members present: Commission Members present: Chairman Sina Nejad Commissioner J.P. Colbert Commissioner Shawn Javed Commissioner Lynda Kay Makin Commissioner Bill Little Alt. Commissioner Marty Craig Alt. Commissioner B. Eliot New Commission Members absent: Vice-Chairman Lauren Williams Mason Commissioner Eddie Senigaur Commissioner Johnny Beatty Commissioner Roy Steinhagen Alt. Commissioner Sandy Pate Councilmembers present: Mayor Pro-Tem Robin Mouton Councilmember Audwin Samuel Councilmember W.L. Pate Councilmember Virginia Jordan *Councilmember Sam was present Councilmember Bill Sam Councilmembers absent: Mayor Becky Ames Councilmember Mike Getz 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 May 21, 2018 APPROVAL OF MINUTES Alternate Commissioner Craig made a motion to approve the minutes of the Regular meetings and Joint Public Hearings held on April 16, 2018. Commissioner Makin seconded the motion. Motion to approve carried 7:0. REGULAR MEETING 1) Preliminary Plat-Champions Subdivision: Request for approval of a Preliminary Plat of Champions Subdivision, Jefferson County, Beaumont, Texas Applicant: LJA Engineering Location: North of Laurelwood Street accessed from Champions Drive Mr. Boone presented the staff report. LJA Engineering has requested preliminary plat approval of Champions Subdivision, Phase One. The project is located at the north end of Champions Drive, across from Dishman Elementary School. The 6.003 acre development is a twenty (20) lots, single family, and residential subdivision. All lots will front on a newly constructed street. Farrah Street and Dana Drive are both 50' wide right-of-ways. Water and sewer will be provided by the City of Beaumont and lots exceed the minimum lot area, width and depth requirements for residential property. The Planning staff recommended approval with the following condition: 1. Temporary turn around at the end of Dana Drive. Mr. Boone stated that since the subdivision is new, the City is requiring sidewalks for the students attending Dishman Elementary. This item was sent to all interested parties. No questions for Mr. Boone. The applicant, Kim Carroll representing LJA Engineering, 2615 Calder addressed the Commission. Mr. Carroll stated that Phase 2 will begin sometime next year. No questions for the applicant. Alternate Commissioner Craig made a motion to approve a request for the Preliminary Plat approval of Champions Subdivision as requested with the following conditions: 1. Temporary turn around at the end of Dana Drive. 2. Sidewalks for the students attending Dishman Elementary. Alternate Commissioner New seconded the motion. Motion to approve carried 7:0. JOINT PUBLIC HEARING Mayor Pro-Tem Mouton called the Joint Public Hearing of May 21, 2018 to order and explained the purpose of the Joint Public Hearing process and then turned the meeting over to Chairman Nejad. 2 Field Code Changed Planning and Zoning May 21, 2018 1) File 2106-P: Consider a request to revoke a Specific Use Permit to allow a tire repair and sales establishment in a NC (Neighborhood Commercial) District Applicant: City of Beaumont Planning Division Location: 2795 Eastex Freeway Mr. Boone presented the staff report. In September of 2011, City Council approved a Specific Use Permit to allow a tire repair and sales establishment at 2795 Eastex Freeway, subject to the following conditions: 1. All inventory display and tire repair and installation shall be done within the confines of `the existing building. 2. No motor vehicle sales shall be permitted. 3. Elimination of the eastern-most drive on Delaware, replacing it with a landscaped island and four (4) crepe myrtles trees. For many years, the property was the location of a service station. That business closed in the late 1990's. In June, 2005, City Council approved a Specific Use Permit to allow an auto repair shop and car wash on the subject property. That business was no longer in existence when Mr. Sipaque made application to use the property to sell and repair used tires, and was no longer a legal use at that location. Complaints were received that Mr. Sipaque was using the property to sell and repair used vehicles. Inspection of the property revealed that not only were vehicles being displayed for sale on Mr. Sipaque's property, but vehicles had been placed on adjacent properties as well. Motor vehicle sales (new or used) and repair are not permitted in the Neighborhood Commercial District. In addition, landscaping, as required in the conditions, has not been maintained on the property. Staff recommended revoking the Specific Use Permit to allow a tire repair and sales establishment, as violations have continued in spite of several warnings by mail, telephone and in person. Slides were shown of the subject property. Mr. Boone stated that Mr. Sipaque had been warned for several years about storing the vehicles on the property and keeping the property in compliance. He stated that if he would like to repair autos he would have to apply for a Specific Use Permit. To date, the three conditions had not been met. Mr. Boone stated that he was unaware of the number of attempts made to warn Mr. Sipaque of the consequences for not being in compliance. The applicant’s attorney, Scott Renick, representing The Renick Law Firm, 2905 Taccoa Street addressed the Commission. Also present were Mr. Sipaque and Sam Trevino, representing Roofing 911and also a personal friend of Mr. Sipaque. Mr. Renick stated that Mr. Sipaque was aware that he was in violation and there was also a language barrier. Discussion followed. Mr. Renick asked the Commission to grant Mr. Sipaque thirty (30) days to get the establishment back into compliance. Sam Trevino, 3810 Shendale Lane, Port Arthur, Texas addressed the Commission. Discussion followed. Mr. 3 Planning and Zoning May 21, 2018 Renick stated that the building had already been repainted and there were only five cars on the premises. He further stated Mr. Sipaque was making attempts to get the establishment in compliance. No other questions or comments. No public hearing required. Commissioner Makin asked when the new SUP application would be presented to the Commission. Mr. Boone replied it will be on the June agenda. Commissioner Makin made a motion to table the request for thirty (30) days to bring the establishment in compliance, not perform any repair work on vehicles and he is only allowed to sell and repair tires. Commissioner Colbert seconded the motion. Mr. Cooper stated until the SUP is revoked it will remain a tire repair and sales shop. Discussion followed. Commissioner Makin amended her motion to table the request for thirty (30) days with the understanding that the applicant is not to engage in auto repairs. Chairman Nejad stated Mr. Sipaque and Mr. Renick gave their word that absolutely no auto repairs will take place. Commissioner Colbert seconded the motion. Motion to table the request carried 7:0. 2) File 2326-P: Request for a Specific Use Permit to allow a gaming facility in a GC-MD (General Commercial-Multiple Family Dwelling) District. Applicant: Julius Johnson Location: 4705-B Magnolia Avenue Mr. Boone presented the staff report. Julius Johnson has requested a Specific Use Permit to allow a gaming facility at 4705-B Magnolia Avenue. The applicant wishes to have 20 gaming machines at this location. The hours of operation for the business would be 8 a.m. to 12 p.m. Entrance to the smoke shop is restricted to eighteen (18) years old and above. Identification is checked to ensure that customers are at least eighteen (18). For entry to the gaming area, customers must be at least twenty-one (21) years old. Security will be provided by surveillance cameras. It should be noted that gaming facilities that have five or fewer machines tend to be considered accessory in nature, when part of a primary use, and as such tend to result in fewer negative impacts on surrounding land uses. However, larger game rooms with dozens of machines take on the scale of a small casino and as a result, require careful consideration as to their location and compatibility with surrounding land uses. Some of these considerations include compatibility with other land uses, noise, and traffic as well as safety considerations. As such, proximity to parks, schools and especially residential uses should be carefully considered in the review of gaming facilities. This property is adjacent a residential neighborhood and residential single-family dwellings. In addition, there is insufficient parking at this location for the total amount of retail space. Slides were shown of the subject property. Mr. Boone stated that staff calculated a need for twenty-five (25) parking spaces and the applicant only proposed ten (10). Twenty-five (25) notices were mail to property owners within 200 feet of the subject property. None were received in favor and two (2) were received in opposition. Staff recommended denial of the request. th The applicant, Julius Johnson, 4208 13 Street, addressed the Commission. Mr. Johnson stated that the establishment would be a smoke shop, gaming facility and he would sell candy and sodas. Mr. Johnson stated that he did ask surrounding neighbors did they feel the gaming facility would benefit the community. He stated that they were in agreement and they were present at the 4 Planning and Zoning May 21, 2018 meeting. Commissioner Colbert asked could he make room for the parking spaces that are needed. Mr. Johnson replied there was room on the other side of the building that could be cemented and provide parking spaces. Commissioner Makin asked was he leasing the property. Mr. Johnson replied he has been leasing the property for about 4 or 5 months. Mayor Pro-Tem expressed concerns regarding children under the age of 18 being allowed to enter the premises of the gaming facility. Mr. Johnson stated the smoke shop would be in the front and the gaming facility would be separate. Discussion followed. Commissioner New questioned the age limit for entering the gaming facility. Mr. Johnson replied there are three separate buildings. Mr. Boone stated because of the capacity of the building, that is why there is a need for 25 parking spaces. Councilmember Samuel questioned the size of the building. Discussion followed. Alice Dixon, 4730 Magnolia addressed the Commission. Ms. Dixon stated that she lived across the street and spoke in favor of the request. The public hearing closed. Commissioner Little made a motion to deny the request for a Specific Use Permit to allow a gaming facility in a GC-MD (General Commercial-Multiple Family Dwelling) District as requested for File 2326-P based on the parking issues. Commissioner Makin seconded the motion. Motion to deny carried 7:0. 3) 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. At a Joint Public Hearing held on April 16, 2018, the Planning Commission recommended 7:1 to approve a request for 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 located at 4655 Collier Street 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) At the City Council meeting held April 24, 2018, concerns were expressed that security had not been fully discussed for this item. City Council voted to return the item to the next Planning Commission meeting for further review. 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. Slides of the subject property were shown. Seventeen (17) notices were mailed to property owners within 200 feet of the subject property. Four (4) were received in favor and one was 5 Planning and Zoning May 21, 2018 received in opposition. Additional notices were sent to the neighboring apartment complexes to make their tenants aware of the request. Eight (8) notices were received in opposition. Staff recommended 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) Carl White, Executive Director for Land Manor, Inc., 2328 Briar Cliff addressed the Commission. Mr. White stated he has been with the company for ten years and he is aware of the security concerns. He stated there is round the clock supervision and the clients do not leave unsupervised. The clients do not have the convenience of going out in public unattended. Mr. White also stated that local Judges have requested they open the facility to address the ongoing drug problem in the community. Discussion followed between Mayor Pro-Tem Mouton and Mr. White regarding the security issues. *Commissioner Little left at 4:26 p.m.* The public hearing opened. Jenny Core, 4630 Collier Street, Unit 514 addressed the Commission. Ms. Core expressed her concerns regarding the Texas Department of Corrections. Cody Matthews Wingate, Apartment Manager for the Chelsea Apartments addressed the Commission. Mrs. Wingate spoke against the proposal. Kyle Broussard, resident of the Chelsea apartments spoke against the proposal. Rochelle Rodgers, property manager of Settler’s Cove spoke against the proposal. Mr. White readdressed the Commission. Discussion followed regarding the safety of the neighbors and the facility. Mr. Boone stated that if the request were denied by City Council, the organization would have to wait an entire year before they could apply for another Specific Use Permit. A brief discussion followed regarding inconsistencies. Mr. Cooper stated they could make a specific condition. The public hearing closed. Alternate Commissioner Craig made a motion to table the 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 to address security concerns and enforce that the facility will ONLY treat adolescents ages 12 to 17. Commissioner Makin seconded the motion. Motion to table carried 5:1 (New) 4) File 2337-P: A request for a Specific Use Permit to allow a cellular tower in an LI (Light Industrial) District. Applicant: Verizon Wireless-Andrew Kasparek Location: 1188 Fannin Street Mr. Boone presented the staff report. Andrew Kasparek on behalf of Verizon Wireless is requesting a Specific Use Permit to allow the applicant to construct a cellular communications site including a 80 ft. tall monopole tower, located on a 0.0826 acre lease site, at 1188 Fannin Street. This site meets the distance requirement from residentially zoned property and will be constructed to city and federal standards. In addition, Verizon will enclose the equipment with an eight (8) foot wood privacy fence. As the site is located within the Martin Luther King Urban Corridor/Downtown District, and is highly visible from the road, landscaping of the lease site is recommended. 6 Planning and Zoning May 21, 2018 The applicant states that this tower will help provide additional coverage and capacity to the customers in the area, and would be used for emergency services. Slides of the subject property were shown. Eight (8) notices were mailed to property owners within 200 feet of the subject property. None were received in opposition or in favor. Staff recommended approval with the following condition: 1. A ten foot wide landscaped buffer shall be installed outside of the 8 foot fence for the entire perimeter of the lease site. Mr. Kasparek, 26438 Morgan Creek Lane, Katy, TX and representative of Verizon Wireless addressed the Commission. Mr. Kasparek stated he agreed with the ten (10) foot land requirement. No questions or comments. The public hearing closed. Alternate Commissioner Craig made a motion to approve the request for a Specific Use Permit to allow a new cellular tower in a LI (Light Industrial) District as requested for File 2337-P with the following condition: 1. A ten foot wide landscaped buffer shall be installed outside of the 8 foot fence for the entire perimeter of the lease site. Commissioner Makin seconded the motion. Motion to approve carried 6:0. 5) File 2339-P: A request for a Specific Use Permit to allow a facial spa and sauna in an RM- (Residential Multiple Family Dwelling-Highest Density) District. Applicant: Jantira C. Bruce Location: 3355 North Street Mr. Boone presented the staff report. Jantira C. Bruce has requested a Specific Use Permit to open a Facial Spa & Sauna at 3355 North Street. Ms. Bruce plans to have 2 or 3 workstations for contractors to conduct business at this property. Contractors would provide make-up application and facial care services as well as a sauna. All utilities are present and adequate for this facility. Business hours will be from 9 a.m. to 8 p.m. Slides of the subject property were shown. Eight notices were mailed to property owners within 200 feet of the subject property. None were received in favor and none were received in opposition. Staff recommended approval with the following condition: 1. Parking lot must have one ADA van accessible parking spot. The applicant’s spouse, James Bruce, 301 Lighthouse Point Circle, Youngsville, Louisiana addressed the Commission. Mr. Bruce stated that he understood the conditions required for the ADA parking. No questions or comments. The public hearing closed. Commissioner Makin made a motion to approve a request for a Specific Use Permit to allow a facial spa and sauna in an RM-H (Residential Multiple Family Dwelling-Highest Density) District as requested for File 2339-P with the following condition: 7 Planning and Zoning May 21, 2018 1. Parking lot must have one ADA van accessible parking spot. Alternate Commissioner Craig seconded the motion. Motion to approve carried 6:0. 6) File 2340-P: A request for a Specific Use Permit to allow a cellular tower in an LI (Light Industrial) District. Applicant: Verizon Wireless-Andrew Kasparek Location: 5685 Washington Boulevard Mr. Boone presented the staff report. Andrew Kasparek on behalf of Verizon Wireless is requesting a Specific Use Permit to allow the applicant to construct a cellular communications site including a 120 ft. tall monopole tower, located on a 0.0581 acre lease site, at 5685 Washington Boulevard. This site meets the distance requirement from residentially zoned property and will be constructed to city and federal standards. In addition, Verizon will enclose the equipment with an eight (8) foot wood privacy fence. The applicant states that this tower will help provide additional coverage and capacity to the customers in the area, and would be used for emergency services. Slides of the subject property were shown. Nineteen (19) notices were mailed to property owners within 200 feet of the subject property. One response was received in favor and none were received in opposition. Chairman Nejad questioned the landscaping requirements. Mr. Boone replied as per the Ordinance, an eight (8) foot wooden privacy fence is required but, because of the location landscaping was not needed. The applicant, Andrew Kasparek, 26438 Morgan Creek Lane, Katy, TX and representative of Verizon Wireless, addressed the Commission. Mr. Kasparek stated this was the final tower. No questions or comments. The public hearing closed. Alternate Commissioner Craig made a motion to approve the request for a Specific Use Permit to allow a new cellular tower in a LI (Light Industrial) District as requested for 2340-P. Commissioner Makin seconded the motion. Motion to approve carried 6:0. 7) File 2341-P: Request for a Specific Use Permit to allow a tree service in a GC-MD (General Commercial-Multiple Family Dwelling) District. Applicant: Charles W. Morris Location: 6640 Concord Road Mr. Boone presented the staff report. Charles W Morris is requesting a revised Specific Use Permit to allow a tree service operation at 6640 Concord Road. Mr. Morris, more specifically, would like to park supporting equipment for his tree service at this location and process firewood. A fence and landscaping buffers have been installed adjacent to high-density residential uses in the area. No customers will be coming and going from this location and no unusable debris will be kept on the property. All processing will occur between 8 a.m. and 5 p.m., Monday through Saturday. 8 Planning and Zoning May 21, 2018 Slides were shown of the subject property. Ten (10) notices were mailed to property owners within 200 feet of the subject property. One response was received in favor and none were received in opposition. Planning staff recommended approval with the following condition: 1. Use of the RS (Residential - Single Family Dwelling) portion of the property must stop, or a rezoning application and amended Specific Use Permit for such use must be submitted. Mr. Boone stated that several years ago the applicant was not in compliance for various reasons. Mr. Morris is now trying to comply. No questions or comments for Mr. Boone. The applicant, Charles Morris, 6640 Concord addressed the Commission. Mr. Morris stated that he sold the R-S portion of his property to Guard-Tech Pest Control. He stated that work will be done between the hours of 8 a.m. and 5 p.m. No questions or comments. The public hearing closed. A brief discussion followed regarding the property zoned R-S. Commissioner Makin made a motion to approve the request for a revised Specific Use Permit to allow a tree service in a GC-MD (General Commercial-Multiple Family Dwelling) District as requested for File 2341-P with the following condition: 1. Use of the RS (Residential - Single Family Dwelling) portion of the property must stop, or a rezoning application and amended Specific Use Permit for such use must be submitted. Alternate Commissioner Craig seconded the motion. Motion to approve carried 6:0. 8) 2342-Z: Request for a Rezoning from RM-H (Residential Multiple Family Dwelling- Highest Density) and A-R (Agricultural-Residential) District to GC-MD (General Commercial- Multiple Family Dwelling) or a more restrictive District. Applicant: Richard F. Faust Location: 3955 N. Major Drive Mr. Boone presented the staff report. Richard F. Faust has requested a rezoning from RM-H (Residential Multiple Family Dwelling -Highest Density) and A-R (Agricultural - Residential District to GC-MD (General Commercial -Multiple Family Dwelling) or a more restrictive District for the property located at 3955 North Major Drive. Shields of Strength, an inspirational jewelry/apparel retail and Distribution Company, would like to construct a new facility at this location. Mr. Faust mentions properties in the area that have developed with apartment complexes, churches, and commercial uses. Although Mr. Faust is correct that such uses have developed nearby, the underlying zoning for much of the area is designed for agricultural or residential uses. Although the request may be seen as spot zoning, it should be noted that property south of Folsom Drive was recently rezoned to GC-MD-2 (General Commercial - Multiple Family Dwelling - 2). As this area will continue to develop with multi-family and commercial uses, GC- MD-2 is an appropriate zoning to accommodate these uses. At some point both sides of North Major Drive should be rezoned to GC-MD-2 to match zoning to the south. Planning staff recommends rezoning of the property to GC-MD-2. 9 Planning and Zoning May 21, 2018 Slides of the subject property were shown. Eleven (11) notices were mailed to property owners within 200 feet of the subject property. No responses were received in favor or in opposition. The applicant, Mr. Faust, 2525 Calder Avenue addressed the Commission. Mr. Faust stated The Vaughn’s would like to rezone the property to suit their business. Kenny and Tammy Vaughn, 2401 Turner Road addressed the Commission. Mr. Vaughn is the owner of Shields of Strength and would like to expand the business to a storefront. No questions or comments for the Vaughn’s. The public hearing closed. A brief discussion ensued regarding GC-MD-2. Alternate Commissioner Craig made a motion approve the request for a Rezoning from RM-H (Residential Multiple Family Dwelling-Highest Density) and A-R (Agricultural-Residential) District to GC- MD-2 (General Commercial-Multiple Family Dwelling-2) as requested for File 2342-Z. Commissioner Makin seconded the motion. Motion to approve carried 6:0. 8) 2343-P: Request for a Specific Use Permit to allow a franchise restaurant in a GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District. Applicant: GBI Investments, LLC Location: 4490 Crow Road GBI Investments, L.L.C. would like to construct a new restaurant at 4490 Crow Road. This property is located in the flood hazard. Properties along Dowlen and Crow Roads are mostly developed in this area, creating large amounts of runoff during rain events. New flood maps show a BFE (Base Flood Elevation) of 27' just west of this property. Therefore, the lowest floor of new construction must be at least 18" above the Base Flood Elevation. As drainage can be an issue along Crow Road, drainage will need to be directed westerly. Landscaping requirements shall include 8 foot privacy, wood or masonry, screening fences and 10' wide landscaped buffers along east and south property lines, as well as perimeter landscaping at right-of-way, and islands for parking areas. Slides of the subject property were shown. Staff recommends approval of the request with the following conditions: 1. Drainage from the entire site should be directed to its northwest corner so that it flows westerly instead of southerly down Crow Road. (Drainage District #6) 2. Sidewalk must be provided along Crow Road and completed along Odom Road. 3. New construction must be elevated to at least 28.5' for the lowest floor. 4. Landscaping and screening must be provided to meet ordinance requirements. 5. Dumpster must be screened completely from street with fencing and landscaping, and located a minimum of 25' from adjacent properties. 6. Eliminate the exit only driveway along Odom Road as it will cause confusion. 10 Planning and Zoning May 21, 2018 Seven notices were mailed to property owners within 200 feet of the subject property. None were received in favor or in opposition. The applicant, Tony Goss, Goss Building, 2455 West Cardinal Drive, addressed the Commission. Mr. Goss stated that he agreed with the conditions and will comply with the required elevations. Pastor Fred Chambers of Parkdale Church, 4775 Odom addressed the Commission. Pastor Chambers spoke in favor of the request. No questions or comments. The public hearing closed. Alternate Commissioner Craig made a motion to approve the request to allow a restaurant in a GC-MD-2 (General Commercial-Multiple Family Dwelling- 2) District as requested for File 2343-P with the following conditions: 1. Drainage from the entire site should be directed to its northwest corner so that it flows westerly instead of southerly down Crow Road. (Drainage District #6) 2. Sidewalk must be provided along Crow Road and completed along Odom Road. 3. New construction must be elevated to at least 28.5' for the lowest floor. 4. Landscaping and screening must be provided to meet ordinance requirements. 5. Dumpster must be screened completely from street with fencing and landscaping, and located a minimum of 25' from adjacent properties. 6. Eliminate the exit only driveway along Odom Road as it will cause confusion. Commissioner Makin seconded the motion. Motion to approve carried 6:0. OTHER BUSINESS THERE BEING NO OTHER BUSINESS, THE MEETING WAS ADJOURNED AT 5:22 P.M. 11