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HomeMy WebLinkAbout3-20-17 PC Minutes * M I N U T E S * REGULAR MEETING JOINT PUBLIC HEARINGS PLANNING COMMISSION CITY COUNCIL City Council Chambers March 20, 2017 A Joint Public Hearing of the Planning Commission and City Council was held on March 20, 2017 and called to order at 3:26 p.m. with the following members present: Commission Members present: Chairman Sina Nejad Vice-Chairman Marty Craig Commissioner Eddie Senigaur Commissioner Lynda Kay Makin Commissioner Ava Graves Commissioner Sherrene Cook Commissioner Bill Little Alt. Commissioner Lauren Williams-Mason Commission Members absent: Commissioner J.P. Colbert Commissioner Johnny Beatty Alt. Commissioner Frank Messina Alt. Commissioner Clint Walters Councilmembers present: Mayor Becky Ames Mayor Pro-Tem Robin Mouton Councilmember Gethrel Williams-Wright Councilmember Audwin Samuel Councilmember Mike Getz Councilmember W.L. Pate Councilmembers absent: Councilmember Claude F. Guidroz Also present: Chris Boone, Director of Planning and Community Development Adina Josey, Planner II Tyrone Cooper, City Attorney Fran Malvo, Recording Secretary 1 Planning and Zoning March 20, 2017 APPROVAL OF MINUTES Vice-Chairman Craig made a motion to approve the minutes of the Regular meeting held on February 20, 2017. Commissioner Colbert seconded the motion. Motion to approve carried 6:0. REGULAR MEETING No Regular Meeting was held. JOINT PUBLIC HEARINGS Mayor Ames called the Joint Public Hearings of March 20, 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 2286-P: A request for a Specific Use Permit to allow a deli and gaming room within a convenience store in an NC (Neighborhood Commercial) District. Applicant: Iqbal Tanveer Location: 4490 Bob Street Mr. Boone presented the staff report. Iqbal Tanveer has asked to open a Deli and game room inside the existing convenience store located at 4490 Bob Street. The store is located at the southeast corner of the property located between Bob, Raven and West Virginia Streets, and is surrounded by residential single family properties. The property was rezoned from RS (Residential Single Family Dwelling) to NC (Neighborhood Commercial) District in November of 2003. At that time, the owner requested a rezoning to NC to accommodate the existing convenience store and a barber shop, but not a Deli. Given that a Deli would require an SUP in an NC zone, the request for the existing Deli is being made along with the proposed game room. With regard to the proposed request, there is concern over the proposed parking. First, although it is difficult to determine as dimensions are not shown on the proposed site plan, the parking appears to be non-conforming as the arrangement of the parking stalls result in vehicles backing directly in to the narrow Bob street, a street with sixty (60) feet of right-of-way. The Ordinance states, "Any existing building or use that is enlarged, structurally altered, or remodeled to the extent, in the judgment of the planning director and building official, of increasing or changing the use by more than fifty (50) percent as it existed at the effective date of this chapter shall be accompanied by off-street parking for the entire building or use in accordance with the off-street parking regulations set forth in this section. When the enlargement, structural alteration, or remodeling is to the extent that the use is not increased or changed by more than fifty (50) percent, additional off-street parking shall only be required for the increased or changed floor area or use." 2 Planning and Zoning March 20, 2017 Given this requirement of the ordinance, the use has changed from a convenience store to a convenience store and barber shop, a convenience store and Deli and now proposed is a convenience store, Deli and a gaming site. Given this degree of use change, the parking should be brought into full compliance with the ordinance. Again, two (2) new spaces that would meet the parking requirements are being provided; however, the existing parking would fall below the minimum parking requirements. It should be noted that there is adequate room on the property for the needed parking. Of greater concern is the proposed use. While the convenience store and Deli would be compatible with the single-family homes that are immediately surrounding the property on the north, south, east and west, the gaming site would not. Even though the application is asking to only have ten (10) “eight-liner machines”, with this number, the character of the use changes from an accessory use nature that a convenience store might have with one or two machines to a primary use of a game room. In this case, it is important to look closely at the NC-Neighborhood Commercial zoning description which calls for “…sale of convenience goods or personal services primarily for persons residing in adjacent residential areas…” Based on this, the proposed convenience store and Deli would be compatible, while the game room would not. Slides of the subject property were shown. Thirty-one (31) notices were mailed to property owners within 200 feet of the subject property. One notice was returned in favor and one was received in opposition. Staff recommended denial of the gaming room and approval of the deli request subject to the approval of the City of Beaumont’s transportation division. Brief discussion followed between Mr. Boone and the Commission. The applicant, Mohamed Ahmed addressed the Commission. Discussion followed. Mr. Boone stated that the parking could be reviewed by transportation department. There was a discrepancy with the application presented compared to what he verbally stated. Chairman Nejad recommended to the applicant that it would be in his best interest to withdraw the application. Joe Ryan addressed the Commission. Mr. Ryan stated that he lives directly across the street from the convenience store and he stated that he would only be in favor of the request if there were no more than five (5) machines. Anything over five (5) he stated, he would be against. Commissioner Makin asked if the applicant would have to pay any additional fees if he resubmitted the application. No further questions or comments. Commissioner Seniguar made a motion to approve a request for a Specific Use Permit to allow a deli and gaming room within a convenience store in an NC (Neighborhood Commercial) District. Commissioner Senigaur was asked to withdraw his motion due to the discrepancy of the number of gaming machines. Commissioner Makin made a motion for the applicant to resubmit his application with updated information and to table the request. Commissioner Little seconded the motion. Motion to table carried 8:0. Chairman Nejad stated to the applicant that the application would be amended and there would be no additional fees. 3 Planning and Zoning March 20, 2017 2) File 2287-P: A request for a Specific Use Permit to allow an office/warehouse with outdoor storage in a GC-MD (General Commercial-Multiple Family Dwelling) District. Applicant: Jill Broussard Schwertner Location: 1175 Reynolds Road Mr. Boone presented the staff report. Jill Broussard Schwertner is attempting to sell, or lease, the property located at 1175 Reynolds Road. Although contractors have previously been located here, the property is zoned GC-MD (General Commercial - Multiple Family Dwelling) which does not allow for outside storage or a laydown yard without a Specific Use Permit. Multiple buyers/tenants have showed interest in the property, but they all require outside storage. Property located to the east is zoned LI (Light Industrial) and the requested uses would blend well with neighboring uses. A property to the south, also zoned GC-MD will serve as a buffer to the proposed uses. Slides were shown of the subject property. Eleven (11) 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 with the following condition: 1. Six (6) parking spaces, meeting city requirements, must be delineated on the property. A brief discussion followed. Milt Pruitt, a Commercial Real Estate broker representing J.M. Pruitt Co. and the applicant, Jill Broussard Schwertner, addressed the Commission. Mr. Pruitt stated that Mrs. Schwertner sold the business in December of 2016. A brief discussion followed. No further questions or comments. The public hearing closed. Vice-Chairman Craig made a motion to approve a request for a Specific Use Permit to allow an office/warehouse with outdoor storage in a GC-MD (General Commercial-Multiple Family Dwelling) District as requested for File 2287-P, with the following condition: 1. Six (6) parking spaces, meeting city requirements, must be delineated on the property. Commissioner Senigaur seconded the motion. Motion to approve carried 8:0. 3) File 2288-P: A request for a Specific Use Permit to allow a frozen treat shop in an RCR (Residential Conservation Revitalization) District. Applicant: Mykeesha B. Sears Location: 4710 Highland Avenue MyKeesha Sears would like to establish a frozen treat shop at 4710 Highland Avenue. Ms. Sears would like to sell frozen "cool cups," along with other snacks. The hours of operation will be from 11 a.m. to 7 p.m., seven (7) days per week. All seating for the establishment will be provided outdoors. All business will be conducted in the drive-through or at a walk-up window. 4 Planning and Zoning March 20, 2017 If business allows, additional space has been included for future expansion for an office and additional storage. A waiver to the landscape buffer has been requested for the north and west property lines. An eight foot fence will be constructed along the west property line, but as there is an existing fence along the north property line, therefore, the applicant is requesting a waiver to the screening requirement along this side. Slides were shown of the subject property. Twenty-seven (27) 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 waiver: 1. A waiver to the landscape buffer along the north and west property lines, as well as a waiver to the screening requirement to the north. MyKeesha Sears, 2835 Western Avenue, Apt. 312, Orange, Texas, addressed the Commission. Ms. Sears stated that she was purchasing the property and that she would be selling cool pops, chili cheese dogs, nachos, chips and water. A brief discussion followed. No further questions or comments. The public hearing closed. Vice-Chairman Craig made a motion to approve a request for a Specific Use Permit to allow a frozen treat shop in an RCR (Residential Conservation Revitalization) District as requested for File 2288-P, with the following waiver: 1. A waiver to the landscape buffer along the north and west property lines, as well as a waiver to the screening requirement to the north. Commissioner Makin seconded the motion. Motion to approve carried 8:0. 4) File 2289-P: A request for a Specific Use Permit to allow a home-based childcare facility in an R-S (Residential-Single Family Dwelling) District. Applicant: Carol P. Smith Location: 675 Alma Street Mr. Boone presented the staff report. Carol Smith would like to operate a Licensed Child Care Home in her residence located at 675 Alma Street. A Licensed Child Care Home allows the caregiver to provide care for seven (7) to twelve (12) children under the age of fourteen (14). Childcare hours would be between 6:30 a.m. and 6:30 p.m. An existing six foot fence surrounds an outdoor play area in the rear yard of the property. In order to maintain the residential nature of the property, Ms. Smith has asked for a waiver to the landscape buffer and screening requirements for the east and south property lines. The applicant owns the adjacent, vacant, corner lot to the west. Customers would mostly be dropping off and picking up the children in the morning and evening. Two (2) parking spaces, providing a three (3) point turn around in the front yard, will be required. 5 Planning and Zoning March 20, 2017 Slides of the subject property were shown. Staff recommended approval of the request with the following conditions: 1. Two (2) paved parking spaces, one being for handicap access, meeting city requirements be installed on the property (to the left or right hand side of the driveway) and a waiver to the landscape buffer and screening requirements. Twenty (20) 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. Angelia Keyes, 7960 Orchid Lane, representing the applicant, Carol Smith addressed the Commission. A brief discussion followed. No further discussion or comments. The public hearing was closed. Vice-Chairman Craig made a motion to approve a request for a Specific Use Permit to allow a home-based childcare facility in an R-S (Residential- Single Family Dwelling) District as requested for File 2289-P with the following conditions: 1. Two (2) paved parking spaces, one being for handicap access, meeting city requirements be installed on the property (to the left or right hand side of the driveway) and a waiver to the landscape buffer and screening requirements. Commissioner Makin seconded the motion. Motion to approve carried 6:0. OTHER BUSINESS THERE BEING NO OTHER BUSINESS, THE MEETING WAS ADJOURNED AT 4:12 P.M. 6