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HomeMy WebLinkAbout7-16-18 PC Minutes*MINUTES* REGULAR MEETING JOINT PUBLIC HEARINGS PLANNING COMMISSION CITY COUNCIL City Council Chambers July 16, 2018 A Regular Meeting and Joint Public Hearings of the Planning Commission and City Council were held on July 16, 2018 and called to order at 3:12 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 Lynda Kay Makin Commissioner Bill Little Commissioner Shawn Javed yam sd �32Jp.nx Commissioner Roy Steinhagen Alt. Commissioner Marty Craig Commissioner Eddie Senigaur Commissioner Johnny Beatty Alt. Commissioner B. Eliot New Alt. Commissioner Sandy Pate Mayor Becky Ames Mayor Pro -Tern Robin Mouton Councilmember Mike Getz Councilmember W.L. Pate Councilmember Bill Sam Councilmember Audwin Samuel Councilmember Virginia Jordan None 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 July 16, 2018 APPROVAL OF MINUTES Alternate Commissioner Craig made a motion to approve the corrected minutes of the Regular meeting and Joint Public Hearings held on May 21, 2018. Vice -Chairman Mason seconded the motion. Motion to approve the minutes as corrected carried 7:0. Alternate Commissioner Craig made a motion to approve the minutes of the Regular meeting and Joint Public Hearings held on June 18, 2018. Commissioner Steinhagen seconded the motion. Motion to approve the minutes carried 7:0. REGULAR MEETING 1) Pine Glenn, Fifth Addition, Phase 2, Section 2: Consider a request for the preliminary plat approval of Pine Glen, Fifth Addition, Phase 2, Section 2, Beaumont, Jefferson County, Texas. Applicant: Faust Engineering & Surveying, Inc. Location: Extension of Essie Lane intersecting Sheila Lane Mr. Boone presented the staff report. Faust Engineering and Surveying, Inc. have requested preliminary plat approval of Pine Glenn, Fifth Addition, Phase 2, Section 2. The property is located west of the intersection of Tolivar Road and Nicole Lane and will extend Essie Lane to intersect Sheila Lane. The development is a 4.35 acre, single family residential subdivision, and the proposed layout shows 21 single family lots. All lots will access Tolivar Road via Essie Lane. Sanitary sewer and water will be provided by extension of City of Beaumont utilities. Slides of the subject property were shown. The Planning staff recommended approval with the following conditions: 1. The design for the water services should match the Preliminary Plat and not the master plan. Lot 12, Section 2 must show water provided. 2. Modify Note 7 to read, "Lots shall not drain on adjacent properties before and after structures are built." 3. Add note to read, "Sidewalks to be provided according to city ordinance." This item was sent to all interested parties. No public hearing was required. The applicant, Richard Faust, 2525 Calder, addressed the Commission. Mr. Faust stated he had no questions or comments. Commissioner Little made a motion to approve the request for the preliminary plat approval of Pine Glen, Fifth Addition, Phase 2, Section 2 as requested with the following conditions: The design for the water services should match the Preliminary Plat and not the master plan. Lot 12, Section 2 must show water provided. 2. Modify Note 7 to read, "Lots shall not drain on adjacent properties before and after structures are built." 3. Add note to read, "Sidewalks to be provided according to city ordinance." OA Planning and Zoning July 16, 2018 Alternate Commissioner Craig seconded the motion. Motion to approve carried 7:0. JOINT PUBLIC HEARING Mayor Ames called the Joint Public Hearing of July 16, 2018 to order and explained the purpose of the Joint Public Hearing process and then turned the meeting over to Chairman Nejad. Chairman Nejad explained the policies and procedures for the hearing process. 1) File 884-OB: Consider a request for a sidewalk waiver. Applicant: Samuel Fountain, P.E. Location: 9695 College Mr. Boone presented the staff report. Samuel Fountain, P.E., is requesting a waiver to the requirements for a sidewalk. The sidewalk would be required as part of a new storage facility. The development is being constructed at 9695 College Street. Reasons stated for the waiver request include distance to other sidewalks, ditches that future portions of the sidewalk would need to cross, and the location behind the existing TXDOT (Texas Department of Transportation) ditch along College Street. With regard to the waiver, the ordinance states: (3) The planning and zoning commission may grant a waiver to the sidewalk requirement if the applicant can prove that there is an engineering reason for not installing a sidewalk. (Chapter 26, Section 26.03.004 (3)) Although a letter has been submitted from an engineer, City Engineering has reviewed the request and states, "While I agree that several reasonable points are addressed in the letter in favor of not needing a sidewalk, none of them are considered engineering reasons such as unsafe slope, inaccessibility, design conflicts, etc. This area seems suitable for sidewalks, and the future goal is to have the adjacent properties also installing sidewalks, to eventually create a safe pedestrian path off the highway. " At the June meeting, there was discussion concerning the engineering necessity for this waiver. Mr. Boone read an email from Mr. John Sudela of TXDOT confirming that they are not in opposition of the sidewalk due to that discussion. Slides of the subject property were shown. Planning staff recommended denial of the request. The applicant was not present at the meeting. Alternate Commissioner Craig made a motion to deny the request for a sidewalk waiver as requested for File 884-OB. Commissioner Makin seconded the motion. Motion to deny the request carried 7:0. 2) File 2353-P: Request for an Amended Specific Use Permit to expand a school. Applicant: Hughen Center/Bob Hope School Location: 7720 Park North Drive Planning and Zoning July 16, 2018 Chairman Nejad stated that he will recuse himself from hearing File 2353-P and that Vice - Chairman Mason will conduct the meeting. Mr. Boone presented the staff report. Hughen Center/Bob Hope School is requesting an amended Specific Use Permit to allow the expansion of a school on the south side of Park North Drive. In September of 2017, the applicant received a Specific Use Permit for a school at this location. The northeast most piece of property and the most southern portion of the property were not included in that request. The attached site plan shows these newly added areas intended for parking and recreation. The grade levels will range from Pre-K to 9th grade. Ten to twelve modular buildings would be installed, initially, designed to accommodate up to 360 students and staff. The school has plans to construct a permanent facility and remove the modular buildings in the future. A new Specific Use Permit would need to be submitted for all future plans. Slides of the subject property were shown. Twenty-one notices (21) were mailed to property owners within 200 feet of the subject property. No notices were received in favor or in opposition. Staff recommended approval of the request with the following conditions: 1. Meet all Drainage District #6 drainage requirements. 2. Sidewalk must be provided along Park North Drive. 3. Landscaping must be provided to meet ordinance requirements for parking areas and buffers. 4. Dumpster must be screened completely from the street with fencing and landscaping located a minimum of 25' from adjacent properties. 5. Ensure all portable buildings will be accessible via ADA guidelines from the parking lot drop off area. 6. Modular buildings must meet all City of Beaumont building code requirements. The applicant was present. Additional slides of the subject property were shown. Michael Casey, Chairman of the Board for the Hughen Center and Bob Hope School Board, 2849 91h Avenue, Port Arthur, Texas, addressed the Commission. Mr. Casey stated that the school is scheduled to open on August 27th, 2018. He stated that they will have Pre-K, Kindergarten, First and Second grades with approximately 420 children. Once the project is complete, he expects at least 1,400 children. No questions or comments for Mr. Casey. The public hearing closed. Commissioner Makin made a motion to approve the request for an Amended Specific Use Permit to expand a school as requested for File 2353-P with the following conditions: 1. Meet all Drainage District #6 drainage requirements. 2. Sidewalk must be provided along Park North Drive. 4 Planning and Zoning July 16, 2018 3. Landscaping must be provided to meet ordinance requirements for parking areas and buffers. 4. Dumpster must be screened completely from the street with fencing and landscaping located a minimum of 25' from adjacent properties. 5. Ensure all portable buildings will be accessible via ADA guidelines from the parking lot drop off area. 6. Modular buildings must meet all City of Beaumont building code requirements. Commissioner Makin seconded the motion. Motion to approve carried 6:1 (Nejad abstained). 3) File 2355-P: Consider a request for a Specific Use Permit to allow an elementary and secondary school in a GC -MD (General Commercial -Multiple Family Dwelling) District. Applicant: Acton Academy Beaumont Location: 7705 Calder Avenue Mr. Boone presented the staff report. Acton Academy Beaumont is requesting a Specific Use Permit to allow an elementary and secondary school at 7705 Calder Avenue. The grade levels will range from Kindergarten to 8th grade. School enrollment will be limited to 30 students. Staff will be comprised of two full time teachers. No meals will be provided. The adjacent lot will be converted to an outdoor play area. New fencing of this area will provide safety for the students. Hours of operation will be 7:30 a.m. to 3:30 p.m. with late pickup extending till 5:00 p.m., Monday through Friday. Slides of the subject property were shown. Eleven (11) notices were mailed to property owners within 200 feet of the subject property. One response was received in favor and two responses were received in opposition. Staff recommended approval of the request with the following condition: 1. Proposed ADA parking spot must meet City of Beaumont requirements. The responses received in opposition were from the owner of the carwash next door to the school. He expressed concerns regarding parents parking on his premises. Commissioner Colbert asked if someone from the school could monitor the parking lot to make sure no one is parking on the neighbor's lot. Mr. Boone stated that it can be considered a requirement. Colby Howell, 4770 Littlefield addressed the Commission. Mr. Howell expressed his concerns regarding the parking. He stated that it should not be an issue this school year because there are only ten (10) students that will attend the school. He also stated that he intends to address the parking concerns with the parents. Commissioner Makin asked Mr. Howell had he already purchased the property. Mr. Howell replied that they will be leasing the property. No other questions or comments for Mr. Howell. The public hearing closed. Commissioner Makin made a motion to approve the request for a Specific Use Permit to 5 Planning and Zoning July 16, 2018 allow an elementary and secondary school in a GC -MD (General Connnercial-Multiple Family Dwelling) District as requested for 2355-P with the following condition : 1. Proposed ADA parking spot must meet City of Beaumont requirements. Commissioner Mason seconded the motion. Motion to approve carried 8:0. 4) File 2356-P: Consider a request for a Specific Use Permit to allow a mini storage facility in a GC -MD (General Commercial -Multiple Family Dwelling) District. Applicant: Stephen West on behalf of Mark W. Whiteley & Associates Location: Parkdale Mall, near 6475 Eastex Freeway Mr. Boone presented the staff report. Stephen West, on behalf of Mark W. Whiteley and Associates, is requesting a Specific Use Permit to allow a mini storage facility at 4215 Dowlen Road located at Parkdale Mall. The proposed building would be a two story self storage facility, This facility would be accessible to the public 6a.m.-10p.m., with staff available Monday - Friday 9:30a.m.-6p.m., Saturday 8:30a.m.-5p.m. and Sunday 1la.m.- 3p.m. Staffing would consist of 1-2 employees during office hours. Slides of the subject property were shown. Five (5) notices were mailed to property owners within 200 feet of the subject property. No responses were received in favor and no responses were received in opposition. Staff recommended approval with the following condition: 1. Provide instrument illustrating parking and access rights. The applicant was present. Zach Rowe representing Mark Whiteley & Associates addressed the Commission. No questions or comments for Mr. Rowe. The public hearing closed. Alternate Commissioner Craig made a motion to approve a request for a Specific Use Permit to allow a mini storage facility in a GC -MD (General Commercial -Multiple Family Dwelling) District as request for File 2356-P with the following condition: 1. Provide instrument illustrating parking and access rights. Commissioner Colbert seconded the motion. Motion to approve carried 7:1 (Mason). 5) File 2357-P: Consider a request for a Specific Use Permit to allow a brewery (may include food service) in the CBD (Central Business District). Applicant: Joel Hollier Location: 585 Wall Street Mr. Boone presented the staff report. Pour Brothers Brewery, L.L.C. is requesting a Specific Use Permit to open a manufacturing brewery with tastings at 585 Wall Street. The brewery would produce less than 15,000 barrels/year, classifying the facility as a microbrewery. Hours of operation would be 5 p.m.-1 1p.m. Monday -Saturday and select Sundays from 12 p.m.-11 p.m. Plans are to eventually employee 8-10 full-time employees and 6-8 part- time employees. As the property is located in the CBD, (Central Business District) no off- Planning and Zoning July 16, 2018 street parking is required. Occasional live entertainment and food trucks would be hosted at the facility. Slides of the subject property were shown. Fourteen (14) notices were mailed to property owners within 200 feet of the subject property. No responses were received in favor and none were received in opposition. Staff recommended approval of the request. The applicant was present. Joel Hollier, 5730 Viking Drive addressed the Commission. Mr. Hollier stated that the initial capacity of the building will hold approximately 4,500 barrels per year and he intends to remain under the microbrewery umbrella. He stated they will eventually invite 1 or 2 food trucks to park on the premises. Commissioner Makin asked Mr. Hollier what kind of experience he has in the microbrewery business. Mr. Hollier replied he had no experience. He also stated he and his partners have multiple years of experience in facilities management, home brewing, IT etc. Chairman Mason asked where will the patrons park. Mr. Hollier stated on the street. No other questions or comments. The public hearing closed. Alternate Commissioner Craig made a motion to approve a request for a Specific Use Permit to allow a brewery that may include food service, in the CBD (Central Business District) as requested for File 2357-P. Commissioner Mason seconded the motion. Motion to approve carried 8:0. OTHER BUSINESS THERE BEING NO OTHER BUSINESS, THE MEETING WAS ADJOURNED AT 3:50 P.M. ABSTENTION AFFIDAVIT THE STATE OF TEXAS COUNTY OF JEFFERSON 4y44 as a member of the • (City Council ✓� - -- -- (Ci , commission, or board) mAe this affidavit and hereby on oath 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: t � (Name) (Address) C);" 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 _ �} ',p, 20 f,,Pr . igigtve of Official Title BEFORE ME, the undersigned authority, on thus day personally appeared�� and an oath stated that the facts hereinabove stated are true tLK othf e best of his/her knowledge o belieSWORN to and subscribed before me on thisay o .2018 11DfRAN M. MALVD of Public in and for the State of Texas Nohry 1A N 1t294048 My Commission Expires December 15. 2020