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HomeMy WebLinkAbout11-19-18 PC Minutes*MINUTES* REGULAR MEETING JOINT PUBLIC HEARINGS PLANNING COMMISSION CITY COUNCIL City Council Chambers November 19, 2018 A Joint Public Hearing of the Planning Commission and City Council was held on November 15, 2018 and called to order at 3:11 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 Lynda Kay Makin Commissioner J,P. Colbert Commissioner Eddie Senigaur Commissioner Roy Steinhagen Commissioner Shawn Javed Commissioner Johnny Beatty Commissioner Bill Little Alt. Commissioner Marty Craig Alt. Commissioner Sandy Pate Alt. Commissioner Cory Crenshaw Mayor Becky Ames Councilmember Bill Sam Councilmember Audwin Samuel Councilmember Mike Getz Mayor Pro -Tern Robin Mouton Councilmember W.L. Pate CounciImember Virginia Jordan 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 November 19, 2018 APPROVAL OF MINUTES Commissioner Senigaur made a motion to approve the minutes of the Regular meeting and Joint Public Hearings held on October 15, 2018. Commissioner Makin seconded the motion. Motion to approve the minutes carried 7:0. REGULAR MEETING 1) Preliminary Plat-B&L Business Park Section 1: Request for Preliminary Plat approval of B & L Business Park, Section 1, Beaumont, Jefferson County, Texas, Applicant: Soutex Surveyors & Engineers Location: The south side of the 4900 block of Fannett Road Mr. Boone presented the staff report. This preliminary plat was previously approved by the Planning & Zoning Commission in October, 2016. Construction plans were submitted to the City by the developer but construction was delayed. Now the developer is ready to proceed, but the 24-month approval by the Planning & Zoning Commission has lapsed. Soutex Surveyors & Engineers has requested preliminary plat approval of B&L Business Park, Section 1. The property is located north of Stivers Drive and south of Cardinal Drive on Fannett (Hwy 124). The development is a 1.48 acre, Industrial Road that will serve the entire business park. Sanitary sewer and water will be provided by extension of City of Beaumont utilities. In addition, a waiver has been requested to allow a 60' right-of-way. Given that the width of the proposed street meets code and that the length of the proposed street is limited, additional capacity is not anticipated. Slides of the subject property were shown. This item was sent to all interested parties. Staff recommended approving the waiver, allowing the 60' right-of-way, and approval of the request with the following conditions: I. Provide a street name. 2. Locate the cul-de-sac by bearing and distance from the end of the proposed street. 3. Locate and dimension all existing easements. 4. Correct proposed DD6 easement agreement with recordation number. 5. On the Master Plan, show drainage area delineation and computation of how much flows toward the proposed DD6 Ditch/Hillebrandt Bayou and the proposed roadway. 6. Street and public improvements to be designed and constructed to meet City codes and ordinances. Jeremy Mitchell representing Soutex Surveyors and Engineers, 3737 Doctors Drive, Port Arthur, Texas, addressed the Commission. Commissioner Senigaur asked how long the street 0A Planning and Zoning November 19, 2018 is. Mr. Mitchell replied, it will be approximately 1000 feet of industrial road and approximately 40 feet wide. He also stated he understands and will comply with the six required conditions. No other discussion. Commissioner Makin made a motion to approve the request for the Preliminary Plat of B & L Business Park, Section 1 with the following conditions: 1. Provide a street name. 2. Locate the cul-de-sac by bearing and distance from the end of the proposed street. 3. Locate and dimension all existing easements. 4. Correct proposed DD6 easement agreement with recordation number. 5. On the Master Plan, show drainage area delineation and computation of how much flows toward the proposed DD6 Ditch/Hillebrandt Bayou and the proposed roadway. 6. Street and public improvements to be designed and constructed to meet City codes and ordinances. Commissioner Steinhagen seconded the motion. Motion to approve carried 7:0. 2) Preliminary Plat -Casa Del Sol: Request for approval of a Preliminary Plat for Casa Del Sol, Jefferson County, Texas. Applicant: Soutex Surveyors & Engineers Location: The west side of Keith Road just south of Highway 105 Mr. Boone presented the staff report. Soutex Surveyors has requested Preliminary Plat approval of Casa Del Sol. The development is located on the west side of Keith Road, just south of Highway 105. The 25.963 acre development is a nine (9) residential lot subdivision just outside the city limits in the ETJ (Extra Territorial Jurisdiction) of the City of Beaumont. The proposed Ava Lane will have a 60 ft. right-of-way. Water and sewer will be provided on site. The applicant is requesting a waiver to the maximum 800 foot cul-de-sac. The proposed cul-de-sac will be approximately 1150 feet long. Slides of the subject property were shown. This item was sent to all interested parties. The Planning staff recommended approval of the waiver and approval of the Preliminary Plat with the following conditions: 1. Label the pavement width of Ava Lane and correct the right-of-way width. 2. It shall state on the plat that the 50 foot wide drainage easement shown on Lot 5 is a privately maintained drainage easement to be maintained by the current owner, the lot owner or an association. 3. Sidewalks must be shown. 3 Planning and Zoning November 19, 2018 Chairman Nejad asked Mr. Boone about the drainage. A brief discussion followed regarding drainage. Mr. Boone stated that per DD6, Lot 5 will have 50 foot drainage casement that needs to be privately maintained by the future buyer. The subdivision will not drain if not properly maintained. Jeremy Mitchell, representing Soutex Sul Veyors and Engineers, 3737 Doctors Drive addressed the Board. He stated that no one would be able to build over the easement on Lot 5 and a ditch will need to be installed. He also stated that hopefully a Homeowner Association will take responsibility and be able to resolve the issue. Chairman Nejad inquired about fire hydrants. Mr. Mitchell stated they will be served by well and sewer and Mr. Boone stated that it is not a requirement to have them. No other discussion. Commissioner Makin made a motion to approve the Preliminary Plat of Casa Del Sol with the following conditions: 1. Label the pavement width of Ava Lane, and correct the right-of-way width. 2. It shall state on the plat that the 50 foot wide drainage easement shown on Lot 5 is a privately maintained drainage easement to be maintained by the current owner, the lot owner, or an association. 3. Sidewalks must be shown. Commissioner Senigaur seconded the motion. Motion to approve carried 7:0. 3) Replat-Tyrrell Park, Lots 27A & 28A, Unit "C": Request for approval of a Replat of part of Lots 27 & 28, into Lots 27A & 28A, Unit "C", Tyrrell Park Addition, Beaumont, Jefferson County, Texas. Applicant: Mark W. Whiteley & Associates, Inc. Location: 5595 & 5615 Downs Road Mr. Boone presented the staff report. Mark W. Whiteley & Associates, Inc., has requested approval of the Replat of pant of Lots 27 & 28, into Lots 27A & 28A, Unit "C", Tyrrell Park Addition, Beaumont, Jefferson County, Texas. The property is located at 5595 and 5615 Downs Road. The proposed 5.678 acre replat will reconfigure the lots to match fencing and property as it is now used, allowing for the sale of a portion of the property. Water and sewer is provided by the city. An approximate 50 foot strip along the front edge of the property is located in flood zone AE, also known as the flood hazard. The remainder of the property, and the location of existing structures, is located in flood zone X which is outside of the flood hazard. Slides were shown of the subject property. The Planning Staff recommended approval of the request. Twenty-nine (29) property owner notices were mailed to individuals within 200 feet of the subject property. No responses were received in favor or in opposition. 4 Planning and Zoning November 19, 201 S Tom Rowe representing Mark W. Whiteley & Associates, 3250 Eastex Freeway, addressed the Commission. A brief discussion followed regarding the property. No further discussion. Vice -Chairman Mason made a motion to approve the Replat of Tyrrell Park, Lots 27A & 28A, Unit "C" as requested. Commissioner Makin seconded the motion. Motion to approve carried 7:0. 4) Replat-Parkdale Mall Addition, Outlot 1, Block 1: Request for approval of a Replat of part of Lots 2 & 9 into Outlot 1, Block 1, Parkdale Mall Addition, Beaumont, Jefferson County, Texas. Applicant: Mark W. Whiteley & Associates, Inc. Location: 4195 N. Dowlen Road Mr. Boone presented the staff report. Mark W. Whiteley and Associates, Inc., has requested approval of the Replat of part of Lots 2 & 9 into Outlot 1, Block 1, Parkdale Mall Addition, Beaumont, Jefferson County, Texas. The property is located at 4195 N. Dowlen Road. The proposed 1.634 acre replat will cut a lot out of two (2) existing lots to fit the exact location of a new storage facility. The applicant is requesting abandonment of a 10' water line easement and a 15' GSU easement in the platting process. Slides were shown of the subject property. Seventeen (17) property owner notices were mailed to individuals within 200 feet of the subject property. None were received in favor or in opposition. The Planning staff recommended approval of the request and abandonments, subject to the following conditions: 1. Resolution of the water line and Entergy's facilities being located outside of the existing easements. 2. Provide evidence of adequate frontage, through a perpetual access easement or similar instrument. Tom Rowe, representing Mark W. Whiteley & Associates, Inc., 3250 Eastex Freeway addressed the Commission. A brief discussion followed regarding easements. Mr. Rowe stated he agreed with the required conditions. No questions or comments. Commissioner Senigaur made a motion to approve the request of the Replat of Parkdale Mall Addition, Outlot 1, BIock 1 as requested. Commissioner Steinhagen seconded the motion. Motion to approve the request carried 7:0. 5) Vacate Beau Terrace Addition No. 2: Request to vacate Beau Terrace Addition No. 2, Beaumont, Jefferson County, Texas Applicant: Mr. C.C. Crutchfield, Jr. Location: North & South of Perl Road approximately 550 feet west of Major Drive Mr. Boone presented the staff report. Mr. C.C. Crutchfield, Jr., has requested to vacate Beau Terrace Addition No. 2, a replat of Lot 2, Block 1 and Lot 2, Block 2, Perl Acres Planning and Zoning November 19, 2018 Subdivision, Beaumont, Jefferson County, Texas. Pert Acres, L.L.C. is the recorded owner of all of Beau Terrace Addition No. 2. Beaumont water and sanitary sewer are available for all restored parcels. Platted in the 1920's, this subdivision was never developed and no lots were sold. The applicant would like to vacate the plat to return the land to its original configuration. Slides were shown of the subject property. The Planning staff recommended approval of the request. This item was sent to all interested parties. Mr. Buddy Crutchfield addressed the Commission and a brief discussion followed regarding the lots. No questions or comments. Commissioner Steinhagen made a motion to approve the request to Vacate Beau Terrace Addition No. 2 as requested. Commissioner Makin seconded the motion. Motion to approve carried 7:0. JOINT PUBLIC HEARING Mayor Ames called the Joint Public Hearings of November 19, 2018 to order and explained the purpose of the Joint Public Hearing process and then turned the meeting over to Chairman Nej ad. Chairman Nejad explained the policies and procedures for the hearing process. 1) File 2359-P: Request for a Specific Use Permit to allow a cell tower in a GC- MD-2 (General Commercial -Multiple Family Dwelling-2) District, Applicant: Eco-Site II, LLC Location: 5250 Helbig Road Mr. Boone presented the staff report. Eco-Site II, L.L.C., is requesting a cell tower in GC- MD-2 (General Commercial - Multiple Family Dwelling - 2) at 5250 Helbig Road. Recently, this property was rezoned from NC (Neighborhood Commercial) to GC-MD-2 (General Commercial - Multiple Family Dwelling-2) District, as a cell tower cannot be requested in NC zoning. It should be noted that this property is also occupied by a church. Due to future expansion plans, the only place the church is willing to locate a cell tower is to the very rear of the property, placing it adjacent to RS (Residential Single Family Dwelling) zoned property. The Zoning ordinance requires that, "Cellular telephone transmission towers shall be prohibited within two hundred (200) feet of a residentially zoned property. " Slides were shown of the subject property. Eighteen (18) notices were mailed within 200 feet of the subject property. No responses were received in favor or in opposition. Staff recommended approval of the request with the following condition: LI Planning and Zoning November 19, 2018 1. Applicant shall apply for and must receive a Variance to the required 200' setback from residentially 4zoned property for a cellular telephone transmission tower. 2. Eight (8) foot wooden privacy fence to be placed along perimeter of lease site. Mr. Boone stated that the applicant would need to obtain a Variance from the Board of Adjustment Commission. Bebb Francis, a representative of Eco-Site II, L.L.C. addressed the Commission. Mr. Francis presented a power point presentation after a brief analysis of the case. He stated that he was in agreement with the conditions and will abide by them. No further discussion and no questions or comments. The public hearing closed. Commissioner Makin made a motion to approve the request for a Specific Use Permit to allow a cell tower in a GC-MD-2 (General Commercial Multi -Family Dwelling-2) as requested for File 2359-P with the following conditions: 1. Applicant shall apply for and must receive a Variance to the required 200' setback from residentially zoned property for a cellular telephone transmission tower. 2. Eight (8) foot wooden privacy fence to be placed along perimeter of lease site. Vice -Chairman Mason seconded the motion. Motion to approve carried 7:0. 2) File 2365-P: Request for a Specific Use Permit to allow a mother-in-law apartment in a R-S (Residential -Single Family Dwelling) District. Applicant: John Wilson Location: 1220 Wilchester Circle Mr. Boone presented the staff report. Mr. John Wilson is requesting a mother-in-law apartment behind his home at 1220 Wilchester Circle. He stated that the mother-in-law apartment is intended for personal use and not for rental. In the future the applicant intends to construct a pool at which time the structure would also be used as a pool house. Slides were shown of the subject property. Seventeen (17) notices were mailed to property owners within 200 feet of the subject property. Two responses were received in favor and one response in opposition. Staff recommended approval with the following conditions: 1. The mother-in-law apartment will not be used for rental purposes and shall only be occupied by family members. Mr. Boone briefly discussed deed restrictions and read the response in opposition. John Wilson, 1220 Wilchester Circle addressed the Commission. Mr. Wilson briefly explained his reason for obtaining the Specific Use Permit. He also stated that he understood and agreed with the condition. No further discussion, questions or comments. The public hearing closed. Commissioner Steinhagen abstained. Commissioner Senigaur made a motion to approve the 7 Alarming and Zoning November 19, 2018 request for a Specific Use Permit to allow a mother-in-law apartment in an RS (Residential - Single Family Dwelling) as requested for File 2365-P with the following condition: 1. The mother-in-law apartment will not be used for rental purposes and shall only be occupied by family members. Commissioner Makin seconded the motion. Motion to approve carried 6: 1 (Steinhagen) 3) File 2366-P: Request for a Specific Use Permit to allow a church in an LI (Light -Industrial) District. Applicant: Sam Gallier, II1. Location: 7890A College Street Mr. Boone presented the staff report. Mr. Sam Gallier, III, is requesting a Specific Use Permit to establish a church at 7890A College Street. This unit is part of an existing commercial/industrial complex. Family of Faith Christian Ministries, Inc. would conduct Sunday morning services, midweek and evening services at this location. In addition,'the facility would occasionally be used for youth, women and men's ministries. Slides of the subject property were shown. Staff recommended approval of the request with the following condition: 1. The existing ADA accessible parking spot is not compliant. The 5' wide access aisle shall be on the passenger side of the I V wide parking spot. In addition, space shall be appropriately marked. Nineteen (19) notices were mailed to property owners within 200 feet of the subject property. There were no responses received in favor and none received in opposition. Mr. Sam Gallier, III, 7890A College addressed the Commission. Mr. Gallier stated that he understood the condition required. No discussion, questions or comments. The public hearing closed. Commissioner Makin made a motion to approve the request for a Specific Use Permit to allow a church in a LI (Light Industrial) District as requested for File 2366-P with the following condition: The existing ADA accessible parking spot is not compliant. The 5' wide access aisle shall be on the passenger side of the 11' wide parking spot. In addition, space shall be appropriately marked. Vice -Chairman Mason seconded the motion. Motion to approve carried 7:0. OTHER BUSINESS THERE BEING NO OTHER BUSINESS, THE MEETING WAS ADJOURNED AT 4:12 P.M. 0 ABSTENTION AFFIDAVIT THE STATE OF TEXAS § COUNTY OF JEFFERSON § as a member of the T4 if ti � t c � 7(City Council, commissi n, or board) make 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. .A., Local Government Code, §171.002. The business entity is: (Address) ("I," 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 legalownershipwith a fair market value of at least $2,500, !f( A r1! C5 '.�� 1N TH t/� s ��- 0'� [ /C�C• �/ c' afve of mule, within the first or second degree o£ 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 d from any further participation on this matter whatsoever. Signed this day of 1 J"w Sign ture 6' Title , BEFORE ME, the undersigned authority, on this day personally appeared /,- A and an oath stated that the facts hereinabove stated are true tothebest of his/her know edge or belief. SWORN to and subscribed before me on this fi i-day of V , 20 / '�`µ' FRAN M, MAtVO of Public in and for the State of Texas NolsrylD # 11294048 My Commission Expires '',no�"o December 15, 2020