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HomeMy WebLinkAbout12-17-18 PC Minutes * M I N U T E S * REGULAR MEETING JOINT PUBLIC HEARINGS PLANNING COMMISSION CITY COUNCIL City Council Chambers December 17, 2018 A Joint Public Hearing of the Planning Commission and City Council was held on December 17, 2018 and called to order at 3:03 p.m. with the following members present: Commission Members present: Chairman Sina Nejad Vice-Chairman Lauren Williams Mason Commissioner Lynda Kay Makin Commissioner J.P. Colbert Commissioner Bill Little Commissioner Roy Steinhagen Alt. Commissioner Marty Craig Commission Members absent: Commissioner Eddie Senigaur Commissioner Johnny Beatty Commissioner Shawn Javed Alt. Commissioner Sandy Pate Alt. Commissioner Cory Crenshaw Councilmembers present: Mayor Becky Ames Councilmember Bill Sam Councilmember Audwin Samuel Councilmember Mike Getz Councilmember W.L. Pate Councilmember Virginia Jordan Councilmembers absent: Mayor Pro-Tem Robin Mouton 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 December 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 November 19, 2018. Alternate Commissioner Craig seconded the motion. Motion to approve the minutes carried 7:0. REGULAR MEETING 1) 890-OB: Request for abandonment of a 60’x 51.83’ portion of Van Buren Avenue, and of a 60’x 51.83’ portion of Fulton Avenue, at the west right-of-way line of Sycamore Street. Applicant: Ashley Alemayehu Location: Fulton and Van Buren Avenues, West of Sycamore Street Mr. Boone presented the staff report. Ashley Alemayehu has requested abandonment of a 60' x 51.83' portion of Van Buren Avenue and of a 60' x 51.83' portion of Fulton Avenue. ExxonMobil Oil Corporation would like to limit access to Sycamore Street from Van Buren Avenue and Fulton Avenue. Both Fulton and Van Buren are residential streets, but industrial traffic uses these streets as a cut-through to access Gulf States Road. This abandonment would force industrial traffic to use Madison Avenue, a much wider, curb and gutter, major collector. ExxonMobil owns the properties to either side of Fulton Avenue at the proposed abandonment and the property to the north of the Van Buren abandonment. The lots adjoining the abandoned sections of right-of-way, will retain access to Sycamore Street. The applicant, Ashley Alemayehu, addressed the Commission and presented a brief presentation. Slides of the subject property were shown. Mr. Boone stated that if Van Buren and Fulton streets were closed; Madison Street could be used for the purpose intended. The purpose of closing the streets is to prohibit the flow of traffic from using Fulton and Van Buren Streets as a cut-through. Staff recommended approval of the request to close both Van Buren and Fulton Streets at Sycamore Street instead of an abandonment with the following condition: 1. The design of the roadway terminus is approved by City Engineering and the Fire Marshal’s office. This would allow for traffic control and easements for public facilities. Four property owners adjacent to the subject property were notified. In addition, there was an additional thirty-nine (39) notices mailed to property owners within 200 feet of the subject property. None were received in favor or in opposition. No questions or comments for Mr. Boone. Pastor Eldridge Charlot, Pastor of New Day Deliverance Church, 1310 Van Buren, addressed the Commission. Pastor Charlot requested more information regarding the road closure and wanted to make certain the church would be protected and accessible pending the road closure. Mr. Boone addressed Pastor Charlot and told him that the street would basically be a dead end street, but if he needed more information he would supply him with the City Engineer’s information. No other questions or comments. 2 Planning and Zoning December 17, 2018 Vice-Chairman Mason made a motion to approve the request for the street closure of Van Buren Avenue and Fulton Avenue at Sycamore Street as requested for File 890-OB with the following condition: 1. The design of the roadway terminus is approved by City Engineering and the Fire Marshal’s office. Commissioner Makin seconded the motion. Motion to approve carried 7:0. 2) 891-OB: Request for abandonment of a 20’x150’ utility easement. Applicant: Garrett Carter for Hankins Development Location: 2290 Gulf Street Mr. Boone presented the staff report. Garrett Carter, for Hankins Development, has requested abandonment of a 20' x 150' utility easement located at 2290 Gulf Street. Hankins Development plans to construct a retail store at this location, but the easement in question divides the property. An existing sewer line and manhole in the easement would no longer be needed. The south approximately 40' of the easement would remain intact, allowing the applicant to tie-in the sewer discharge from the new structure. Slides of the subject property were shown. Mr. Boone stated that during the review process, the Water Department raised concerns regarding the existing lines and manhole within the easement. Mr. Boone added that it would need to be relocated at the owner’s expense. The Planning staff recommended approval of the request with the following condition: 1. The reconfiguration of the water and sewer lines as well as the manhole is done subject to approval of the Water Department. No questions or comments for staff. The applicant, Garrett Carter, 419 Alamo Street, Lake Charles, Louisiana addressed the Commission. Mr. Carter stated that the main line is south on Martin Luther King Boulevard. They will remove the sewer line and relocate the manhole to the south so that the easement will remain intact. No questions or comments for the applicant. Commissioner Little made a motion to approve the abandonment of a 20’x150’utility Easement as requested for File 891-OB with the following condition: 1. The reconfiguration of the water and sewer lines as well as the manhole is done subject to approval of the Water Department. Commissioner Craig seconded the motion. Motion to approve carried 7:0. JOINT PUBLIC HEARING Mayor Ames called the Joint Public Hearings of December 17, 2018 to order and explained the purpose of the Joint Public Hearing process and then turned the meeting over to Chairman Nejad. 3 Planning and Zoning December 17, 2018 Chairman Nejad explained the policies and procedures for the hearing process. 1) File 2368-Z: Request for a Rezoning from RS (Residential-Single Family Dwelling) to GC- MD-2 (General Commercial-Multiple Family Dwelling-2). Applicant: James Kirk Farrelly of Capital Growth Buchalter, Inc. Location: North of 2170 South Major Drive Mr. Boone presented the staff report. James Kirk Farrelly has requested a rezoning from RS (Residential - Single Family Dwelling) to GC-MD-2 (General Commercial - Multiple Family Dwelling - 2), for the property located just north of 2170 South Major Drive. An application has also been submitted for the rezoning of 2170 South Major Drive along with a Specific Use Permit for a general merchandise store. The applicant has obtained permission from the property owner to rezone this property, in an effort to create contiguous commercial zoning from the existing GC-MD (General Commercial - Multiple Family Dwelling) zoning at the intersection of South Major Drive and Washington Blvd., to 2170 South Major Drive. There are currently no plans to develop this particular property. Slides were shown of the subject property. Thirteen (13) 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 of the request. The applicant was not present. Jason Garcia, a representative of Capital Growth Buchalter, Inc., 361 Summitt Blvd, Birmingham, Alabama addressed the Commission on behalf of Mr. Farrelly. Mr. Garcia stated there are plans to build Dollar General Retail store next door. Chairman Nejad asked if any documentation was needed since the applicant was rezoning someone else’s property. Mr. Boone stated the owner’s signature was on the application. Attorney Tyrone Cooper gave his approval. No questions or comments for Mr. Garcia. The public hearing closed. Alternate Commissioner Craig made a motion to approve the request for a Rezoning from RS (Residential-Single Family Dwelling) to GC-MD-2 (General Commercial-Multiple Family Dwelling-2) as requested for File 2368-Z. Commissioner Steinhagen seconded the motion. Motion to approve carried 7:0. 2) File 2369-Z/P: Request for a Rezoning from RS (Residential-Single Family Dwelling) to GC-MD-2 (General Commercial-Multiple Family Dwelling-2) and a Specific Use Permit to allow a General Merchandise Store. Applicant: James Kirk Farrelly of Capital Growth Buchalter, Inc. Location: 2170 South Major Drive Mr. Boone presented the staff report. James Kirk Farrelly has requested a rezoning from RS (Residential - Single Family Dwelling) to GC-MD-2 (General Commercial - Multiple Family Dwelling - 2), along with a Specific Use Permit to allow general merchandise store at 2170 South Major Drive. Mr. Farrelly would like to construct a 9,100 square foot Dollar General Retail store on this property. This property, and the surrounding properties, are zoned RS (Residential - Single Family Dwelling). In order to avoid a spot zoning issue, the applicant 4 Planning and Zoning December 17, 2018 has submitted an application for rezoning of the property to the north. This will create contiguous commercial zoning from the intersection of Washington Blvd. and South Major Drive. At the same time, the requested GC-MD-2 (General Commercial-Multiple Family Dwelling –2) zoning allows a degree of protection for remaining residential properties to the west and south. The proposed Dollar General Store does not meet parking requirements. The applicant has submitted a separate Special Exception application for reduced parking. This application would need to be approved by the Zoning Board of Adjustment. In addition, the attached site plan does not appear to provide sufficient landscaping in some areas to meet ordinance requirements. Slides of the subject property were shown. Nineteen (19) notices were mailed within 200 feet of the subject property. No responses were received in favor and one was received in opposition. Staff recommended approval with the following conditions attached to the Specific Use Permit: 1. Special Exception for reduced parking from 46 to 30 spaces must be approved by the Zoning Board of Adjustment. 2. Driveway must be approved by TXDOT. 3. ADA compliant sidewalk must be installed across the front of the property, or applicant must obtain a sidewalk waiver from the Planning Commission. 4. Landscaping must meet City of Beaumont Ordinance requirements. 5. At such time the west portion of the property is developed, an eight (8) foot wood or masonry privacy fence and ten (10) foot landscaped buffer must be installed for that portion of the property. No questions or comments for Mr. Boone. The representative, Jason Garcia, addressed the Commission once again. Mr. Garcia stated he was aware of the concerns and agreed to comply with all conditions requested. Mr. Little asked what the need to decrease parking was. A very brief discussion ensued regarding parking. No other questions or comments. The public hearing closed. Commissioner Steinhagen made a motion to approve the request for a Rezoning from RS (Residential-Single Family Dwelling) to GC-MD-2 (General Commercial- Multiple Family Dwelling-2) and a Specific Use Permit to allow a General Merchandise Store as requested for File 2369-Z/P with the following conditions: 1. Special Exception for reduced parking from 46 to 30 spaces must be approved by the Zoning Board of Adjustment. 2. Driveway must be approved by TXDOT. 5 Planning and Zoning December 17, 2018 3. ADA compliant sidewalk must be installed across the front of the property or applicant must obtain a sidewalk waiver from the Planning Commission. 4. Landscaping must meet City of Beaumont Ordinance requirements. 5. At such time the west portion of the property is developed, an eight (8) foot wood or masonry privacy fence and ten (10) foot landscaped buffer must be installed for that portion of the property. OTHER BUSINESS THERE BEING NO OTHER BUSINESS, THE MEETING WAS ADJOURNED AT 3:35 P.M. 6