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Home My WebLink About10-15-18 PC Minutes * M I N U T E S * REGULAR MEETING JOINT PUBLIC HEARINGS PLANNING COMMISSION CITY COUNCIL City Council Chambers October 15, 2018 A Joint Public Hearing of the Planning Commission and City Council was held on October 15, 2018 and called to order at 3:15 p.m. with the following members present: Commission Members present: Chairman Sina Nejad Vice-Chairman Lauren Williams Mason Commissioner Johnny Beatty Commissioner Roy Steinhagen Commissioner Bill Little Commissioner Shawn Javed Commission Members absent: Commissioner J.P. Colbert Commissioner Eddie Senigaur Commissioner Lynda Kay Makin Alt. Commissioner Marty Craig Alt. Commissioner Sandy Pate Alt. Commissioner Cory Crenshaw Councilmembers present: Mayor Pro-Tem Robin Mouton Councilmember W.L. Pate Councilmember Bill Sam Councilmember Audwin Samuel Councilmember Virginia Jordan Councilmembers absent: Mayor Becky Ames Councilmember Mike Getz Also present: Chris Boone, Director of Planning and Community Development Adina Josey, Senior Planner Sharae Reed, Asst. City Attorney Fran Malvo, Recording Secretary 1 Planning and Zoning October 17, 2018 APPROVAL OF MINUTES Vice-Chairman Mason made a motion to approve the minutes of the Regular meeting and Joint Public Hearings held on September 17, 2018. Commissioner Steinhagen seconded the motion. Motion to approve the minutes carried 6:0. JOINT PUBLIC HEARING Mayor Pro-Tem Mouton called the Joint Public Hearings of September 17, 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 2362-P: Request for a Specific Use Permit to allow the expansion of a church in a GC- MD-2 (General Commercial-Multiple Family Dwelling-2) District. Applicant: First Baptist Church of Beaumont Location: 3739 N. Major Drive Mr. Boone presented the staff report. First Baptist Church of Beaumont is requesting a Specific Use Permit to allow an expansion of their new facility located at 3739 N. Major Drive. The church was constructed in 2015, before this property was annexed into the city limits. The church planned the construction of the facility in stages. Current plans for expansion will consist of a new 10,870 square foot, two story children’s wing. A request to waive the required sidewalk is addressed in File 889-OB. Slides of the subject property were shown. Ten notices were mailed to property owners within 200 feet of the subject property. No notices were received in favor or in opposition. Staff recommended approval with the following conditions: 1. Construction plans must meet all requirements by Water Utilities for water and sanitary sewer services, including the requirements for the City's pre-treatment program. (Water) The applicant was present. Joe Pattie representing Arceneaux, Wilson & Cole, 2901 Turtle Creek Drive, Suite 320, Port Arthur, Texas, addressed the Commission. He stated that he met with the Planning and Fire Departments to discuss and address pertinent issues and that he understood the required condition. A brief discussion followed regarding the sidewalk. The public hearing opened. No questions or comments. The public hearing closed. Commissioner Little made a motion to approve the request for a Specific Use Permit to allow the expansion of a church in a GC-MD-2 (General Commercial- Multiple Family Dwelling- District as requested for File 2362-P with the following condition: 1. Construction plans must meet all requirements by Water Utilities for water and sanitary sewer services, including the requirements for the City's pre-treatment program. (Water) Commissioner Steinhagen seconded the motion. Motion to approve carried 6:0. 2 Planning and Zoning October 17, 2018 2) File 889-OB: Request for a sidewalk waiver Applicant: First Baptist Church of Beaumont Location: 3739 N. Major Drive Mr. Boone presented the staff report. First Baptist Church is requesting a waiver to the sidewalk requirement at their new facility located at 3739 N. Major Drive. Construction of the existing facility was completed in 2015. The city annexed this property in 2016. As the church has applied for expansion, a sidewalk would now be required. City Engineering staff has reviewed the request for a waiver and states, “….the existing conditions of the property’s frontage are not adequate for the installation of a sidewalk.” The Planning staff recommends approval of the request. Joe Pattie representing Arceneaux, Wilson & Cole, 2901 Turtle Creek Drive, Suite 320, Port Arthur, Texas, addressed the Commission. He stated that TXDOT and DD6 were also involved with the project. No questions for Mr. Pattie and a public hearing was not required. Commissioner Steinhagen made a motion to approve the request for a sidewalk waiver as requested for File 889-OB. Commissioner Little seconded the motion. Motion to approve carried 6:0. 3) File 2363-P: Request for a Specific Use Permit to allow a pump station in an R-S (Residential-Single Family Dwelling) District. Applicant: Dixie Pipeline Company, L.L.C. Location: 7865 Helbig Road Dixie Pipeline Company, L.L.C. has requested a Specific Use Permit to allow a pipeline pump station at 7865 Helbig Road. An existing pipeline corridor crosses this property and the requested pump station would be set back approximately 764’ from Helbig Road. In addition, the pump station will be situated behind other similar pipeline support infrastructures. Slides were shown of the subject property. Four notices were mailed to property owners within 200 feet of the subject property. No responses were received in favor or in opposition. Staff recommended approval with the following conditions: 1. Construction plans must meet all requirements by Water Utilities for water services, including the requirements of the City’s backflow prevention program. 2. Any oversized loads moving materials to the project site shall comply with the City of Beaumont Oversized Loads regulations. 3. Maintain and/or improve the existing natural storm water drainage in the construction zone after construction is completed. The applicant was present. Marie Taylor representing Morris P. Hebert, Inc., 10101 Southwest Freeway, Houston, Texas, addressed the Commission. Ms. Taylor stated she was a representative of Dixie Pipeline. She said that the electrical services will be obtained by 3 Planning and Zoning October 17, 2018 Entergy and that she understood the required conditions. The public hearing opened. No one spoke in favor or against the case. The public hearing closed. Commissioner Little made a motion to approve the request for a Specific Use Permit to allow a pump station in an R-S (Residential Single Family Dwelling) District as requested for File 2363-P with the following conditions: 1. Construction plans must meet all requirements by Water Utilities for water services, including the requirements of the City’s backflow prevention program. 2. Any oversized loads moving materials to the project site shall comply with the City of Beaumont Oversized Loads regulations. 3. Maintain and/or improve the existing natural storm water drainage in the construction zone after construction is completed. Commissioner Beatty seconded the motion. Motion to approve carried 6:0. 4) File 2364-P: Request for a Specific Use Permit to allow a bar in a GC-MD (General Commercial-Multiple Family Dwelling) District. Applicant: LW Beaumont, L.L.C., c/o Robert Wilson, President Location: 6210 Phelan Boulevard L.W. Beaumont, L.L.C. is requesting a Specific Use Permit to allow a sports bar at 6210 Phelan Boulevard. Little Woodrow’s has been in existence for 23 years and currently operates 15 locations in Houston, Austin, San Antonio and Midland, Texas. This property is located at the southeast corner of the Colonnade Shopping Center. As such all utilities, drainage, access and parking already exist. A minimum six (6) foot tall screen will be constructed around all perimeter patio areas and landscaped. An existing eight (8) foot tall screening fence is located between the Colonnade and neighboring properties. Slides were shown of the subject property. Thirteen (13) notices were mailed to property owners within 200 feet of the subject property. None were received in favor and two were received in opposition. Staff recommended approval with the following condition: 1. Construction plans must meet all requirements by Water Utilities for water and sanitary sewer services, including the requirements of the City’s pre-treatment program. The applicant was present. Chairman Nejad wanted to clarify the addresses of the property owner that spoke against the request. Robert Wilson, President of L.W. Beaumont, L.L.C., 3711 Briarpark, Houston, Texas, addressed the Commission. Mr. Wilson stated that he was not aware that there were oppositions against the request and they will do what it takes to ensure the establishment remains in good standing with the neighbors. The hours will be 11 a.m. until 2 a.m. and live music will not be played at this location. Mr. Wilson stated he 4 Planning and Zoning October 17, 2018 would consider installing a cinder block wall to help control the noise on the patio. He also added that he is aware of the noise ordinance requirements for Beaumont city limits. Commissioner Beatty asked what type of complaints has he had from the establishments. He stated not that many since he’s been in existence for 23 years. The public hearing opened. James Rhodes, 535 Parson Drive addressed the Commission. Mr. Rhodes spoke against the request. Mr. Rhodes stated that the Colonnade Shopping Center is not up to date and has problems with trash being thrown onto his property. His spouse, Theresa Goodness, 535 Parson Drive addressed the Commission and spoke against the request as well. She stated that their main concern is the noise. Discussion followed regarding trash, crime, noise and too many bars in the vicinity. Commissioner Beatty asked what could be done to make the transition better. Mrs. Rhodes replied installing the cinder block wall and addressing the parking issues. No other questions or comments. The public hearing closed. Commissioner Little made a motion to approve the request for a Specific Use Permit to allow a bar in a GC- MD (General Commercial-Multiple Family Dwelling) District as requested for File 2364-P with the following conditions: 1. Construction plans must meet all requirements by Water Utilities for water and sanitary sewer services, including the requirements of the City’s pre-treatment program. 2. Install a six (6) foot masonry wall that will be located along the east edge of the patio. Commissioner Steinhagen seconded the motion. Motion to approve carried 6:0. 5) File 887-OB: Request for an amendment to the zoning ordinance, Section 28.03.023 (e) of the Permitted Use Table. The Planning Staff is recommending changes be made to Permitted Uses Sec. 28.03.023(e) Of the Zoning Ordinance. Recently staff received a request for an SUP (Specific Use Permit) in a GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District. After accepting the application, staff realized communication towers are not allowed in a GC-MD-2 District, even with an SUP review. Given that most other commercial uses are allowed in a GC-MD-2 zoning with an SUP and that communication towers can be compatible and appropriate uses in a GC-MD-2 zoning, it would be appropriate for an SUP to be available in the GC-MD-2 District as well. Staff recommended the following change to the Permitted Use Table: Zoning District Permitted Primary Use 2 SIC - H Group H - M - S- R MD M - - - - MD LI HI - NC R A C NSCPUD RCRCBD Special Cond. RMParking Group RM RCR GC GC Radio, Television, 41 24 Microwave and Cellular S S S S S S Telephone Transmission Towers 5 Planning and Zoning October 17, 2018 Mr. Boone held a brief discussion followed regarding cell towers. Vice-Chairman Mason made a motion to approve the request for the amendment to the Zoning Ordinance, Section 28.03.0239(e) as requested for File 887-OB. Commissioner Little seconded the motion. Motion to approve carried 6:0. OTHER BUSINESS THERE BEING NO OTHER BUSINESS, THE MEETING WAS ADJOURNED AT 4:00 P.M. 6