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HomeMy WebLinkAbout1-23-17 PC Minutes * M I N U T E S * REGULAR MEETING JOINT PUBLIC HEARINGS PLANNING COMMISSION CITY COUNCIL City Council Chambers January 23, 2017 A Regular Meeting and Joint Public Hearing of the Planning Commission and City Council was held on January 23, 2017 and called to order at 3:22 p.m. with the following members present: Commission Members present: Chairman Sina Nejad Commissioner Lynda Kay Makin Commissioner J.P. Colbert Commissioner Ava Graves Commissioner Eddie Senigaur Commissioner Sherrene Cook Commissioner Bill Little Alt. Commissioner Lauren Williams-Mason Commission Members absent: Vice-Chairman Marty Craig Commissioner Labonna Spikes Alt. Commissioner Frank Messina Alt. Commissioner Clint Walters Councilmembers present: Mayor Becky Ames Councilmember Claude F. Guidroz Councilmember Gethrel Williams-Wright Councilmember Audwin Samuel Councilmember Mike Getz Councilmember W.L. Pate Councilmembers absent: Mayor Pro-Tem Robin Mouton Also present: Chris Boone, Director of Planning and Community Development Adina Ward, Planner II Raymond Rowzee Planner I Tyrone Cooper, City Attorney Fran Malvo, Recording Secretary 1 Planning and Zoning February 20, 2017 APPROVAL OF MINUTES Commissioner Senigaur made a motion to approve the minutes of the Regular meeting held on December 19, 2016. Commissioner Cook seconded the motion. Motion to approve carried 8:0. REGULAR MEETING 1) Preliminary Plat-Diamond D Estates Subdivision, Phase 2: A request for a Preliminary Plat approval of Diamond D Estates Subdivision, Phase 2, Jefferson County, Texas. Applicant: Fittz & Shipman, Inc. Location: South of U.S. Highway 90, north side of Bond Road and approximately 1.1 miles west of Meeker Road. Mr. Boone presented the staff report. Fittz & Shipman, Inc. has requested preliminary plat approval of Diamond D Estates Subdivision, Phase 2, The project is located within the Planning Area of the Extraterritiorial Jurisdiction of the City of Beaumont south of US Highway 90 and approximately 1.1 miles west of Meeker Road. The development is a 119.635 acre, eleven (11) single family tracts, residential subdivision. All Tracts will have access to the existing Bond Road to the south. Water will be provided by individual water wells and sanitary sewer will be provided by the individual aerobic sewer systems. Tract 11 is partially in flood Zone A. As the subdivision is located within the City’s Planning Area, streetlights, sidewalks and block length fall under Jefferson County design standards. Slides were shown of the subject property. The item was sent to all interested parties. The Planning staff recommended approval with the following conditions: 1. Modify Floodplain Note to include Zone A for Tract 16. Ben Tristan, representative of Fittz & Shipman located at 1405 Cornerstone Court, addressed the Commissioners and stated that he is aware of the modification and the firm will comply with all requirements. No public hearing was required. No further comments or discussion. Commissioner Makin made a motion to approve the request for a Preliminary Plat approval of Diamond D Estates Subdivision, Phase 2 as requested with the following condition: 1. Modify Floodplain Note to include Zone A for Tract 16. 2 Planning and Zoning February 20, 2017 Commissioner Mason seconded the motion. Motion to approve carried 8:0. 2) Replat- Stiles Addition: A request for the Replat of Lots 1 & 2 into Lots 1A, 2A and 2B, Stiles Addition, Beaumont, Jefferson County, Texas. Applicant: Access Surveyors Location: Southeast of the intersection of Labelle and Steinhagen Roads. Mr. Boone presented the staff report. Access Surveyors has requested approval of the replat of Lot 1 and Lot 2, Stiles Addition, into Lot 1A, Lot 1B, Lot 2A and Lot 2B, Stiles Addition, Jefferson County, Texas. The property is located at the intersection of Steinhagen and LaBelle Road within the ETJ of the City of Beaumont. The proposed 14.598 acre replat will create four (4) lots from two (2). Water will be supplied by West Jefferson County Municipal Water District and sanitary sewer will be individual septic systems. Slides were shown of the subject property. Ten (10) notices were mailed to property owners within 200 feet of the subject property. Five (5) notices were received in favor and one (1) in opposition. The Planning staff recommended approval. Jordan Robbins, the property owner, addressed the Commissioners. Mr. Robbins stated that he intends to divide the property among his family. He also stated that as a pre-requirement for purchasing the property, a 60 foot easement behind Steinhagen Road and Labelle was to be added so that the land would be accessible and not become land-locked. William Troy Bleakley and Jennifer Bleakley, 7847 LaBelle Road, addressed the Commissioners. The Bleakley’s expressed concerns regarding Mr. Robbins dividing the land and deed restrictions. Discussion followed. Attorney Cooper interjected and stated that if there are private covenants regarding the land, the Planning Commission can not intervene concerning deed restrictions. Brief discussion followed. Attorney Cooper made the suggestion to defer the matter until it was further investigated. Commissioner Makin made a motion to table the request for approval of the Replat of Lots 1 & 2 into Lots 1A, 1B, 2A and 2B, Stiles Addition. Commissioner Little seconded the motion. Motion to approve the request carried 8:0. Mr. Robbin readdressed the Commissioners to state that the he was not aware of the deed restrictions and that he purchased the property to subdivide. 3) Replat-Korry Acres Subdivision: A request for the Replat of Lot 1 into Lots 1A and 1B, Korry Acres Subdivision, Beaumont, Jefferson County, Texas. Applicant: Fittz & Shipman, Inc. Location: South of the intersection of Labelle Road and Highway 124 3 Planning and Zoning February 20, 2017 Mr. Boone presented the staff report. Fittz & Shipman, Inc. has requested approval of the replat of Lot 1, Korry Acres Subdivision, into Lot 1A, Lot 1B, Korry Acres Subdivision, Beaummont, Jefferson County, Texas. The property is located at 6901 Highway 124 at the intersection of Highway 124 and LaBelle Road within the Beaumont City Limits. The proposed 0.694 acre replat will create two (2) lots from one (1). Beaumont water and sanitary sewer are available for both proposed lots. Slides were shown of the subject property. Seven (7) notices were mailed to property owners within 200 feet of the subject property. None were received in favor or in opposition. The Planning staff recommended approval. No questions or comments for Mr. Boone. Ben Tristan, representative of Fittz & Shipman, Inc. located at 1405 Cornerstone Court. A brief discussion followed regarding the location of the utilities and proper dimensions of the drawings. No further discussion. Commissioner Colbert made a motion to approve the request for the Replat of Lot 1 into Lots 1A and 1B, Korry Acres subdivision as requested with the following conditions: 1. The dimensions, easement and utilities are shown on the site plan. Commissioner Senigaur seconded the motion. Motion to approve carried 8:0. 4) Replat-Block 2, South Amelia Addition: A request for the Replat of Lots 4, 5, and 6, Block 2 into Lots 4A and 6A, Block 2, South Amelia Addition, Beaumont, Jefferson County, Texas Applicant: Fittz & Shipman, Inc. Location: 2970 and 2990 South Major Drive Mr. Boone presented the staff report. Fittz and Shipman, Inc. has requested a replat of Lots 4, 5 and 6, Block 2 into Lots 4A and 6A, Block 2, South Amelia Addition, Beaumont, Jefferson County, Texas. The property is located at 2970 and 2990 South Major Drive. The proposed 1.0076 acre replat will create two (2) lots from three (3), eliminating Lot 5. City of Beaumont water and sanitary sewer is available. Slides were shown of the subject property. Eleven (11) notices were mailed to property owners within 200 feet of the subject property. One was received in favor and none were received in opposition. The Planning staff recommended approval. 4 Planning and Zoning February 20, 2017 Ben Tristan representing Fittz & Shipman, Inc. at 1405 Cornerstone Court addressed the Commissioners. No comments or questions for Mr. Tristan. *Will McNeill, 7725 Deerchase addressed the Commissioners for the wrong case.* The public hearing closed. Commissioner Makin made a motion to approve a request for the Replat of Lots 4, 5 and 6, Block 2 into Lots 4A and 6A, Block 2, South Amelia Addition as requested. Commissioner Little seconded the motion. Motion to approved carried 8:0. JOINT PUBLIC HEARINGS Mayor Ames called the Joint Public Hearings of January 23, 2017 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 2280-P: A request for a Specific Use Permit to allow a wholesale food service merchandise store in a GC-MD (General Commercial-Multiple Family Dwelling) District. Applicant: Terry Woodard Enterprises, Inc., DBA Kommercial Kitchens Location: 2520 Interstate Highway 10 East Mr. Boone presented the staff report. Terry Woodard of Terry Woodard Enterprises, Inc., proposes to build a 44,000 square foot retail/wholesale center. Kommercial Kitchens, a wholesaler of commercial equipment to the food service industry and some retail sales to the public, will occupy approximately 22,000 square feet with another 22,000 square feet as rental space. Mr. Woodard states that a restaurant may occupy some of the leasable space. All utilities needed to serve the property are in existence. Slides of the subject property were shown. Eleven (11) notices were mailed to property owners within 200 feet of the subject property. None were returned in favor or in opposition. Staff recommended approval with the following conditions: Terry Woodard representing Kommercial Kitchens, 1100 Freeway Boulevard, Groves, Texas addressed the Commissioners and stated that he has already purchased the property. Mr. Boone thth stated that 9 Street on the site plans should be changed to 10 Street. The public hearing opened. No questions or comments, the public hearing closed. Commissioner Senigaur made a motion to approve a request for a Specific Use Permit for a wholesale food service merchandise store in a GC-MD (General Commercial Multiple-Family Dwelling) District with the following conditions: 1. Property must be landscaped to meet ordinance requirements. 5 Planning and Zoning February 20, 2017 2. Dumpster must be set back no less then twenty-five (25) feet or be completely screened on a minimum of three (3) sides with a gate. 3. Sidewalk must be installed along the access road. thth 4. Change 9 Street to 10 Street on the site plans. Commissioner Little seconded the motion. Motion to approve carried 8:0. 2) File 2281-Z/P: A request for a rezoning from A-R (Agricultural-Residential) and GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District to GC-MD-2 District, and a Specific Use Permit to allow a retail shopping center with restaruants and a multi-family development. Applicant: Zulag Properties, L.L.C. Location: The east side of North Major Drive, just north of Village Drive. Mr. Boone presented the staff report. Zulag Properties, L.L.C. would like to construct a town home rental development and a retail shopping center on the property located to the east of Major Drive and north of Village Drive. Rezoning the west half of the property to GC-MD-2 would clean up the split zoning on the property and is therefore encouraged. In March of 2014, a memory care facility looking to locate on the property, rezoned the west half of the property to GC-MD-2. The memory center was not developed at this location and the property has remained vacant. The proposed shopping center would consist of a 35,750 square feet building and 216 parking spaces. The proposed tenants would include retail shopping, offices and restaurants. The town home development would be a rental only development of two (2) and (3) bedroom units. Slides were shown of the subject property. Forty (40) notices were mailed to property owners within 200 feet of the subject property. No responses were received in favor and prior to the meeting, there were approximately 85 in opposition. Staff recommended approval with the following conditions: 1. Driveway is subject to approval from TX DOT. 2. A sidewalk must be provided along Major Drive. 3. A buffer, and 8 ft. wood or masonry privacy fence, must be provided along the north, east and south property lines, where the project abuts residential zoning districts. 4. Site plan must delineate between hardscape and landscaping for town home development. 5. Must provide drainage plans along with hydraulic analysis and receive approval of the plan from City Engineering, Drainage District # 6 and TX DOT. Mr. Boone stated the drainage issue must be addressed because it could significantly impact the site plan. He also stated, of the forty notices that were mailed, only 7 or 8 property owners lived within 200 feet of the subject property. A brief discussion regarding the 20% rule followed. 6 Planning and Zoning February 20, 2017 Carlos Avilos representing the City of Beaumont’s Transportation Department, 801 Main Street, addressed the Commissioners. Discussion followed regarding the traffic along major drive, drainage and the parking spaces allotted for the project. Attorney Cooper stated that the Specific Use Permit would have to be revised to accommodate the drainage issue. Hani Tohme representing Golden Triangle Consulting Engineers located at 2566 IH-10 East, Suite 7, addressed the Commissioners. Discussion followed regarding the drainage issues between Mr. Tohme and Commissioner Little. Tony Ashrafi, representing Zulag Properties, L.L.C., addressed the Commissioners. Discussion followed regarding the square footage of the units, rent, how many stories and the number of bedrooms. The public hearing opened. Will McNeill, 7725 Deerchase addressed the Commissioners in opposition. Joshua Nelly, 2596 Amberwood Drive, addressed the Commissioners in opposition. Carl Gerace, 8040 Village Drive, addressed the Commissioners in opposition. Charles Cox, 3510 Grayson Lane, addressed the Commissioners in opposition. Bhushan Dalvi, 7715 Windchase Drive, addressed the Commissioners in opposition. Janice Donelly, 3595 Mystic Lane, addressed the Commissioners in opposition. Steven Evans, 3685 Canyon Lane addressed the Commissioners in opposition. Brief discussion followed between Mr. Boone and Councilwoman Wright regarding the multifamily issue. Mr. Boone stated the names of the units are called triplexes. Roy Gonzales, 2530 Sunflower addressed the Commissioners in opposition. Billy Clark, 8675 Folsom addressed the Commissioners in opposition. Donella Slater, 2495 Whisperwind Drive addressed the Commissioners and did not speak in favor or in opposition. Steven Franklin, 3555 Canyon Lane, addressed the Commissioners in opposition. Mr. Tohme addressed the Commissioners. A brief discussion followed and he stated that Mr. Ashrafi decided to move forward with single family instead of multi-family. The public hearing was closed. Chairman Nejad recommended that the Commissioners table the request so that the drainage issues and the site plan can be addressed. Commissioner Mason made a motion to table the request for a rezoning from A-R (Agricultural- Residential) and GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District to GC- MD-2 District, and a Specific Use Permit to allow a retail shopping center with restaurants and a multi-family development to address the drainage issues, the site plans and to change the units from multi-family to single family units. Commissioner Makin seconded the motion. Motion to withdraw carried 8:0. 3) File 868-OB: A request for the abandonment of a portion of the Crockett Street right-of-way. Applicant: City of Beaumont, Public Works Location: From the east right-of-way line of Park Street, to the west right-of-way line of Orleans Street as it intersects Laurel Street. Mr. Boone presented the staff report. The City of Beaumont is requesting abandonment of the Crockett Street right-of-way. The requested portion of right-of-way extends from the northeast right-of-way line of Park Street to the southwest right-of-way line of Orleans Street and is approximately 61.11 feet wide and 300 feet long. This property is currently used as part of a parking lot, which the city has leased in the past. The city would now like to sell the public lot, but several of the parking spaces are located in the right-of-way. 7 Planning and Zoning February 20, 2017 Due to existing water, sewer and traffic light equipment within the right-of-way, an easement will be required. Slides of the subject property were shown. The item was sent to all interested parties. Planning staff recommended approval, based on the following condition: The applicant, Antoinette Hardy representing the City of Beaumont’s Engineering Department, 801 Main Street addressed the Commissioners. Mrs. Hardy stated that the entire right-of-way would serve as a general utility easement. No public hearing was required. Commissioner Mason made a motion to approve a request for the abandonment of a portion of the Crockett Street right-of-way as requested in File 868-OB. Commissioner Makin seconded the motion. Motion to approve carried 8:0. OTHER BUSINESS THERE BEING NO OTHER BUSINESS, THE MEETING WAS ADJOURNED AT 4:57 P.M. 8