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HomeMy WebLinkAbout12-18-17 PC Minutes * M I N U T E S * REGULAR MEETING JOINT PUBLIC HEARINGS PLANNING COMMISSION CITY COUNCIL City Council Chambers December 18, 2017 A Joint Public Hearing of the Planning Commission and City Council was held on December 18, 2017 and called to order at 3:25 p.m. with the following members present: Commission Members present: Commissioner J.P. Colbert Commissioner Shawn Javed Commissioner Bill Little Commissioner Lauren Williams Mason Alt. Commissioner Marty Craig Commission Members absent: Chairman Sina Nejad Commissioner Lynda Kay Makin Commissioner Eddie Senigaur Commissioner Roy Steinhagen Commissioner Johnny Beatty Alt. Commissioner B. Eliot New Alt. Commissioner Sandy Pate Councilmembers present: Mayor Becky Ames Mayor Pro-Tem Gethrel Williams-Wright Councilmember Mike Getz Councilmember Audwin Samuel Councilmember W.L. Pate Councilmember Virginia Jordan Councilmember Robin Mouton Councilmembers absent: None Also present: Chris Boone, Director of Planning and Community Development Adina Josey, Senior Planner Tyrone Cooper, City Attorney Katrina Purcell, Recording Secretary 1 Planning and Zoning December 18, 2017 APPROVAL OF MINUTES Commissioner Mason made a motion to approve the minutes of the Regular meeting held on November 20, 2017. Commissioner Little seconded the motion. Motion to approve carried 5:0. REGULAR MEETING 1) Preliminary Plat, Diamond D Ranch: Request for a Preliminary Plat approval of Douget’s Diamond D Ranch, Phase 4, Beaumont, Jefferson County, Texas Applicant: Fittz & Shipman Location: South of U.S. Highway 90 along the west side of Pine Island Levee Road within the Planning Area of the City of Beaumont E.T.J. Mr. Boone presented the staff report. Fittz & Shipman, Inc. has requested preliminary plat approval of Doguet’s Diamond D Ranch, Phase 4. The project is located south of U.S. Highway 90 along the west side of Pine Island Levee Road within the Planning Area of the City of Beaumont E.T.J. The 35.239 acre development is a thirty-five (35) lot, single family, residential subdivision. All lots have frontage on the existing Pine Island Levee Road which has a one hundred (100) ft. R.O.W. and eighteen (18) ft. pavement width. Water will be provided by Meeker Water Supply Corporation and sewer will be individual septic systems. Since the subdivision lies within the Planning Area of the E.T.J., Jefferson County construction specifications and regulations shall apply. This item was sent to all interested parties. Slides of the subject property were shown. Staff recommended approval. Don King representing Fittz & Shipman, 1405 Cornerstone Court, addressed the Commission. Commissioner Little suggested to Mr. King that he changes the street name Christina Lane. No discussion followed. Commissioner Little made a motion to approve a request for a Preliminary Plat of Douget’s Diamond D Ranch, Phase 4 as requested. Commissioner Mason seconded the motion. Motion to approve carried 5:0. 2) Preliminary Plat, Diamond D Ranch, Phase 5- Request for a Preliminary Plat approval of Diamond D Ranch, Phase 5, Beaumont, Jefferson County, Texas Applicant: Fittz & Shipman, Inc. Location: South of U.S. Highway 90 along the west side of Pine Island Levee Road within the Planning Area of the City of Beaumont E.T. J. Mr. Boone presented the staff report. Fittz & Shipman, Inc. has requested preliminary plat approval of Doguet’s Diamond D Ranch, Phase 5. The project is located south of U.S. Highway 90 at the intersection of Diamond D Drive and Bond Road in the Planning Area of the City of Beaumont E.T.J. The 29.274 acre development is a twenty-nine (29) lot, single family, residential subdivision. All lots have frontage on the existing Bond Road which has a sixty (60) ft. R.O.W. and twenty (20) ft. pavement width. Water will be provided by Meeker Water Supply Corporation and sewer will be individual septic systems. Since the subdivision lies within the Planning Area of the E.T.J., Jefferson County construction specifications and regulations shall apply. 2 Planning and Zoning December 18, 2017 This item was sent to all interested parties. Slides of the subject property were shown. Staff recommended approval. Mr. Don King, 1405 Cornerstone Court, addressed the Commission. No discussion. Commissioner Little made a motion to approve a request for a Preliminary Plat approval of Diamond D Ranch, Phase 5 as requested. Commissioner Colbert seconded the motion. Motion to approve carried 5:0. 3) File 879-OB: A request for abandonment of the 5’ utility easement between Lots 11 & 12, the 10’ utility easement between Lots 12 & 13 and the perimeter utility easement around Lots 10, 11, 12, and 13 Comstock Place. Applicant: Berrick and Chelsea Pete Location: End of Larry Lane Mr. Boone presented the staff report. Berrick and Chelsea Pete have requested abandonment of all easements on their property located at the end of Larry Lane. Several easements cross the property including a five (5) foot wide utility easement between lots 11 & 12, a ten foot wide utility easement between lots 12 & 13, and utility easements along the rear lot lines of each lot varying from 10 feet to 22 feet deep. Mr. & Mrs. Pete have asked for the two (2) interior utility easements to be considered separately from the perimeter easements. City of Beaumont Water department is in opposition to the abandonment of the perimeter easements. This item was sent to all interested parties. Slides of the subject property were shown. Staff recommended approval. Berrick Pete, 1350 Long Street, addressed the Commission. Mr. Pete stated that he accepted not abandoning the easements around the entire perimeter. No further discussion. Commissioner Colbert made a motion to approve the request for an abandonment of the 5’ utility easement between Lots 11& 12, the 10’ utility easement between Lots 12 & 13 excluding the perimeter utility easement around Lots 10, 11, 12 and 13 Comstock Place for File 879-OB.Commissioner Mason seconded the approval. Motion to approve carried 5:0. 4) File 880-OB: A request for a sidewalk waiver. Applicant: Joe Pattie, RPS Group Location: 4575 N. Major Drive Mr. Boone presented the staff report. Joe Pattie of RPS Group, is requesting a waiver to the sidewalk requirement along 4575 North Major Drive. According to Mr. Pattie, there is not ample space between the top of the bank and the property line, particularly with overhead utilities anchored by poles across the frontage, for a sidewalk. The ditch would need to be moved approximately eight (8) feet over to accommodate a sidewalk. This would not be compatible with drainage strategies in this area. This item was sent to all interested parties. Slides of the subject property were shown. Staff recommended approval. Joe Pattie representing RPS Group, 4180 Delaware Street, addressed the Commission. Mr. Patti stated that TX DOT had no objections to the request. No further discussion. Commissioner Little made a motion to approve a request for a sidewalk waiver as 3 Planning and Zoning December 18, 2017 requested for File 880-OB.Commissioner Colbert seconded the motion. Motion to approve carried 5:0. JOINT PUBLIC HEARINGS Mayor Ames called the Joint Public Hearings of December 18, 2017 to order and explained the purpose of the Joint Public Hearing process and then turned the meeting over to Commissioner Craig. 1) File 2315-P: A request for a Specific Use Permit for storage of empty trash containers in a GC-MD (General Commercial-Multiple Family Dwelling) District. Applicant: 2S Roll-Off Service, LLC th Location: 3999 S. 11 Street Mr. Boone presented the staff report. Mr. Boone presented the staff report. 2S Roll-Off Service, L.L.C. is requesting a Specific Use Permit to store empty trash containers at 3999 S. 11th Street. The property is fully enclosed by fencing, and no utilities will be used as the property is only to be used as storage. This item was presented to the Planning Commission at the October meeting, and the item was tabled due to the applicant's absence. An additional portion of the property has been added and a new site plan submitted for consideration. Slides of the subject property were shown. Nineteen (19) notices were mailed to property owners with 200 feet of the subject property. One response was received in favor and one response was received against. Staff recommended approval with the following conditions: 1. No storage of containers used for collection of food waste or other odor causing materials. 2. No direct access from Edmonds Avenue. Councilmember Mouton asked could a privacy fence be installed around the entire property. No further discussion. Commissioner Little made a motion to approve a request for a Specific Use Permit to allow storage of empty trash containers in an GC-MD (General Commercial-Multiple Family Dwelling) as requested for File 2315-P. Commissioner Colbert seconded the motion. Motion to approve the request carried 5:0. 2) File 2316-Z: A rezoning study for the newly annexed area west of Major Drive and South of Folsom Road. Applicant: City of Beaumont Planning Division Location: West of North Major Drive and South of Folsom Road Mr. Boone presented the staff report. In September of 2016, City Council voted to approve the annexation of 77.73 acres of land at the southwest corner of Major Drive and Folsom Drive. This property includes several existing developments including a senior living apartment complex, convenience store/gasoline retailer, a non-profit organization and a church. Zoning 4 Planning and Zoning December 18, 2017 regulations mandate that newly annexed properties be designated RS (Residential - Single Family Dwelling), at the time of annexation. None of the annexed property uses are compatible with RS zoning. Due to the location of the properties along a Major Drive, a major arterial and the intersection with Folsom Drive, a secondary arterial, and the proximity of residential neighborhoods across Major Drive, staff is recommending GC-MD-2 (General Commercial - Multiple Family Dwelling - 2) for the properties in question. GC-MD-2 zoning would not impede further development of these newly annexed properties, and would offer a measure of protection for nearby properties as all future development would require a Specific Use Permit and public notification. During a prior hearing for this study, several issues were raised. First, as a substantial portion of this property is at the intersection of two major arterial streets, GC-MD would be an appropriate zone. However, as discussed, rezoning the property to GC-MD-2 would allow for an extra layer of review. It should also be noted that more only half of the property in question is undeveloped. Another issue discussed was the tax implications to the owner of property. While a valid concern, to maintain this policy and be fair and consistent would necessitate the downzoning of all undeveloped property, resulting in the Zoning Ordinance no longer being a tool to implement the Comprehensive Plan. Another issue raised was to simply wait until the owner applies for a rezoning. This could be problematic in that if the parcel being considered for rezoning were small and away from Folsom; this may be considered Spot Zoning. Given this, staff maintains that the zoning of this area for commercial uses would be in keeping with the development pattern laid out in the Comprehensive Plan and the development pattern typical of this area. In addition, the proposed GC-MD-2 would reflect our plan as well as development pattern effectively while allowing additional control over exactly what is developed in this area. 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 or in opposition. Staff recommended approval of the request. No further discussion. Commissioner Little made a motion to approve a request for a rezoning study for the newly annexed area west of Major Drive and South of Folsom Road from RS to GC-MD 2 as requested for File 2316-Z. Commissioner Javed seconded the motion. Motion to approve carried 5:0. 3) File 2318-P: A request for a Specific Use Permit to allow a gaming facility, in an existing convenience store, in a GC-MD (General Commercial-Multiple Family Dwelling) District. Applicant: Smile Fuels, LLC Location: 6855 College Mr. Boone presented the staff report. Smile Fuels, LLC, has requested a Specific Use Permit to allow a Gaming Room at 6855 College Street. A new convenience store has been constructed at 5 Planning and Zoning December 18, 2017 this site, and the owner plans to install five (5) gaming machines. The hours of operation for the business would be 10am to 10pm. Security could be a concern due to the close proximity of the apartments located at 1075 Pinchback Road and a city park. The convenience store will be open for business 24 hours per day. The applicant states that only persons 18 years old and older will be allowed access to the machines. Please note that final occupancy approval is subject to review and acceptance of submitted plans and field inspections to verify compliance with applicable codes. Slides of the subject property were shown. Nine (9) notices were mailed to property owners within 200 feet of the subject property. Staff recommended approval with the following conditions: 1. Limited to no more than five (5) machines. 2. Owner must maintain adequate security. Discussion followed. Commissioner Mason made a motion to approve a request for a Specific Use Permit to allow a gaming facility, in an existing convenience store, in a GC-MD (General Commercial-Multiple Family Dwelling) District as requested for File 2318-P. Commissioner Little seconded the motion. Motion to approve carried 5:0. 4) File 2319-P: A request for a Specific Use Permit to allow a gaming facility in a GC-MD (General Commercial- Multiple Family Dwelling) District Applicant: Yong T. Kim Location: 2949 College Street, Suite #230 Mr. Boone presented the staff report. Yong T. Kim, has requested a Specific Use Permit to allow a Gaming Room at 2949 College Street. A new shopping center was constructed at this location approximately three (3) years ago. The applicant wishes to occupy suite #230 in this shopping center with 100 gaming machines. The hours of operation for the business would be 4p.m. to midnight, and no one under the age of 25 will be admitted. Security will be present to check ID's for this purpose. It should be noted that gaming facilities that have five or fewer machines tend to be considered accessory in nature, when part of a primary use, and as such tend to result in fewer negative impacts on surrounding land uses. However, larger game rooms with dozens of machines take on the scale of a small casino and as a result, require careful consideration as to their location and compatibility with surrounding land uses. Some of these considerations include compatibility with other land uses, noise, traffic as well as safety considerations. As such, proximity to parks, schools and especially residential uses should be carefully considered in the review of gaming facilities. This property is located directly across the street from residential properties to the south, and a short distance from a city park. In addition, there is insufficient parking at this location for a more intense use such as a gaming site, occupying more than 35 percent of the gross floor area. 6 Planning and Zoning December 18, 2017 Please note that final occupancy approval is subject to review and acceptance of submitted plans and field inspections to verify compliance with applicable codes. Slides of the subject property were shown. Twenty-three (23) notices were mailed to property owners within 200 feet of the subject property. Staff recommended denial. Discussion followed. Mr. Boone stated that ten or more machine would constitute as a small casino. Commissioner Mason made a motion to deny a request for a Specific Use Permit to allow a gaming facility in a GC-MD (General Commercial- Multiple Family Dwelling) district as requested for File 2319-P. Commissioner Little seconded the motion. Motion to deny carried 5:0. 5) File 2320-P: A request for a Specific Use Permit to allow a gaming facility in a GC-MD (General Commercial-Multiple Family Dwelling) District. Applicant: Hi Seong Yoon Location: 3985 E. Lucas Mr. Boone presented the staff report. Hi Seong Yoon, has requested a Specific Use Permit to allow a gaming facility at 3985 E. Lucas Drive. The applicant wishes to have 50-60 gaming machines at this location. The hours of operation for the business would be 10 a.m. to 10 p.m. It should be noted that gaming facilities that have five or fewer machines tend to be considered accessory in nature, when part of a primary use, and as such tend to result in fewer negative impacts on surrounding land uses. However, larger game rooms with dozens of machines take on the scale of a small casino and as a result, require careful consideration as to their location and compatibility with surrounding land uses. Some of these considerations include compatibility with other land uses, noise and traffic as well as safety considerations. As such, proximity to parks, schools and especially residential uses should be carefully considered in the review of gaming facilities. This property shares a property line with a residential neighborhood and residential single-family dwellings. In addition, there is insufficient parking at this location for a gaming site, occupying more than 35 percent of the gross floor area. Please note that final occupancy approval is subject to review and acceptance of submitted plans and field inspections to verify compliance with applicable codes. Slides of the subject property were shown. Seventeen (17) notices were mailed to property owners within 200 feet of the subject property. None were received in favor and three were received in opposition. Staff recommended denial of the request. Discussion followed. Commissioner Mason made a motion to deny a request for a Specific Use Permit to allow a gaming facility in a GC-MD (General Commercial-Multiple Family Dwelling) district as requested for File 2320-P. Commissioner Colbert seconded the motion. Motion to deny carried 5:0. 7 Planning and Zoning December 18, 2017 OTHER BUSINESS THERE BEING NO OTHER BUSINESS, THE MEETING WAS ADJOURNED AT 4:22 P.M. 8