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HomeMy WebLinkAbout3-21-16 PC Minutes * M I N U T E S * REGULAR MEETING JOINT PUBLIC HEARINGS PLANNING COMMISSION CITY COUNCIL City Council Chambers March 21, 2016 A Regular Meeting and Joint Public Hearings of the Planning Commission and City Council was held on March 21, 2016 and called to order at 3:07 p.m. with the following members present: Commission Members present: Chairman Sina Nejad Vice-Chairman Marty Craig Commissioner Lynda Kay Makin Commissioner J.P. Colbert Commissioner Ava Graves Commissioner Lauren Williams-Mason Commissioner Bill Little Commissioner Sherrene Cook Commission Members absent: Commissioner Eddie Senigaur Commissioner LaBonna Spikes Alt. Commissioner Clint Walters Alt. Commissioner Frank Messina Councilmembers present: Mayor Becky Ames Councilman W.L. Pate Councilman Claude F. Guidroz Councilman Mike Getz Councilman Audwin Samuel Councilmembers absent: Councilwoman Gethrel Williams-Wright Councilwoman Robin Mouton Also present: Adina Ward, Planner II; Raymond Rowzee, Planner I, Fran Malvo, Recording Secretary; Tyrone Cooper, City Attorney 1 Planning and Zoning March 21, 2016 APPROVAL OF MINUTES The minutes reflected that Ridgewood Church of Christ currently has 60 members but it should reflect that there are currently 160 members. Vice-Chairman Craig made a motion to approve the minutes from February 15, 2016 with corrections. Commissioner Makin seconded the motion. Motion to approve carried 8:0. REGULAR MEETING 1) Preliminary Plat of Pine Island Estates, Phase 2: Consider a request for a preliminary plat approval of Pine Island Estates, Phase 2, Beaumont, Jefferson County, Texas Applicant: Fittz & Shipman, Inc. Location: Pine Island Estates, Phase 2 Ms. Ward presented the staff report. Fittz & Shipman, Inc. has requested preliminary plat approval of Pine Island Estates, Phase 2. The property is located near the intersection of Pine Island Road and the west end of Walden Road within the new ETJ Planning Area. The development is a 76.905 acre, single family residential subdivision, and the proposed layout shows 29 single family lots within 5 blocks. All lots will access Pine Island Road via the proposed Valley Spring Drive. Sanitary sewer will be individual aerobic treatment units. Water will be provided by extension of water lines from Meeker Water Supply Corporation. With requested waivers to the required maximum street length for a cul-de-sac and the required maximum dwelling units per cul-de-sac, the Planning staff recommends approval with the following conditions: 1. Correct the Title Block for lots in Block 2. Change “Lots 4-8” to “Lots 4-11”. 2. Correct the FEMA Floodplain Note to include areas in “Zone A”. 3. Correct ETJ Note: “This subdivision lies within the Planning Area of the City of Beaumont, Texas, and as such, Jefferson County construction regulations and standards apply.” 4. Submit any proposed restrictive covenants, conditions, and limitations to govern the nature and use of the property being subdivided. Waivers Requested: 1. The applicant is requesting a variance to the required maximum street length of 800 ft. for a cul-de-sac and, 2. The applicant is requesting a variance to the maximum number of twenty-four (24) dwelling units per cul-de-sac. All lots meet the required minimum lot size. 2 Planning and Zoning March 21, 2016 Slides of the subject property were shown. The item was sent to all interested parties. Don King of 1405 Cornerstone Court addressed the Board. Discussion followed. Mr. King stated that some of the conditions had been addressed such as the Title Block and he stated that he is willing to go along with the staff recommendations. Chairman Nejad asked for any questions or comments for Mr. King. Vice Chairman Craig made a motion to approve the Preliminary Plat of Pine Island Estates, Phase 2, Jefferson County, Texas as requested with the following conditions: 1. Correct the Title Block for lots in Block 2. Change “Lots 4-8” to “Lots 4-11”. 2. Correct the FEMA Floodplain Note to include areas in “Zone A”. 3. Correct ETJ Note: “This subdivision lies within the Planning Area of the City of Beaumont, Texas, and as such, Jefferson County construction regulations and standards apply.” 4. Submit any proposed restrictive covenants, conditions, and limitations to govern the nature and use of the property being subdivided. Commissioner Mason seconded the motion. Motion to approve carried 8:0. 2) Replat-Washington Park Lots 8-10: Consider a request for a replat of Lots 8-10, Block 3 into Lots 8 & 10, eliminating Lot 9, Block 3, Washington Park, Beaumont, Jefferson County, Texas. Applicant: Fittz & Shipman Location: 4815 and 4855 Bolivar Ms. Ward presented the staff report. Fittz & Shipman, Inc. has requested a Replat of Lots 8-10, Block 3 into Lots 8 & 10, eliminating Lot 9, Block 3, Washington Park, Beaumont, Jefferson County, Texas. The purpose of the plat is to increase the size of Lot 8 and Lot 10 by eliminating Lot 9, Block 3, Washington Park. The lots meet the minimum lot width requirement for residential property. Slides of the subject property were shown. The item was mailed to Twenty-one (21) property owners with 200 feet of the subject property. Two notices in favor were received and none were received in opposition. 3 Planning and Zoning March 21, 2016 Don King of 1405 Cornerstone Court addressed the Commissioners. Chairman Nejad asked if there were any questions for Mr. King and opened the public hearing. The public hearing closed. Commissioner Makin made a motion to approve a request for a replat of Lots 8-10, Block 3 into Lots 8 & 10, eliminating Lot 9, Block 3, Washington Park, Beaumont, Jefferson County, Texas as requested. Commissioner Little seconded the motion. Motion to approve carried 8:0. JOINT PUBLIC HEARINGS 1) File 2255-P: Consider a request for a Specific Use Permit to allow a cell tower in GC- MD (General Commercial-Multiple Family Dwelling District) zoning. Applicant: T-Mobile West (David Petrakovitz/Agent) Location: Approximately 160’ west of 1878 Washington Ms. Ward presented the staff report. David Petrakovitz, agent for T. Mobile West, is requesting a Specific Use Permit to allow a cell tower on the Garden of Gethsemane Nursery property, located just west of 1878 Washington Boulevard. In December of 2015, Mr. Petrakovitz was awarded a variance from the minimum distance requirement from residential property. Mr. Petrakovitz states that the only available commercial properties near the 1800 block of Washington Boulevard are narrow, not allowing for the required buffer, and that the proposed tower will not exceed 100 feet in height, in order to minimize the visual impact on the neighborhood. Although the tower would be approximately 156 feet from the nearest residentially-zoned property, it would be over 226 feet from the nearest residence. Please note that final approval is subject to review and acceptance of submitted plans and field inspections to verify compliance with applicable codes. Ten (10) notices were mailed to property owners within 200 feet of the subject property. No responses were received in favor of or in opposition. The Planning staff recommended approval. Slides of the subject property were shown. David Petrakovitz of 3603 Summitt Hills, Spring, Texas representing T-Mobile addressed the Commissioners. Discussion followed. Commissioner Graves asked how often are the R F fields monitored on the towers. Mr. Petrakovitz responded not very constant but if there is a concern it can be done and that they are constantly being monitored by the Federal Government. Chairman Nejad opened the public hearing and asked if anyone wanted to speak for or against the case. The public hearing was closed. Commissioner Mason made a motion to approve a request for a Specific Use Permit to allow a cell tower in GC-MD (General 4 Planning and Zoning March 21, 2016 Commercial-Multiple Family Dwelling District) zoning as requested in File 2255-P. Commissioner Craig seconded the motion. Motion to approve carried 8:0. 2) File 2256-P: Consider a request for a Specific Use Permit to allow a real estate, property management office and food truck in RCR-H (Residential Conservation Revitalization-Historic District) zoning. Applicant: Toni L. Sigee th Location: 260/290 N. 10 Street & 2596 Liberty Avenue Ms. Ward presented the staff report. Toni Sigee is requesting to use the building located at 2595 Liberty Avenue as her property management office. The proposed office hours will be Monday-Saturday 10 a.m.-7 p.m. Ms. Sigee also owns and operates a food truck, which she hopes to open at this location, on occasion. Due to her work schedule, the days she opens would vary, about 10 days per month. When the truck is open for business, the hours of operation would also be 10am-7pm. The truck operates on a gasoline powered generator. The building in question is commercial and as such, the office use would be compatible with the surrounding uses. However, a food truck, in this close proximity to residential uses would not be appropriate. Twenty-one (21) notices were mailed to property owners within 200 feet of the subject property. No responses were received in favor and one notice was received in opposition. Staff recommended approval of the real estate/property management office, and denial of the food truck. If the food truck is approved, water utilities have requested the following condition: 1) The food truck is subject to compliance with water utilities and health department requirements and ordinances. Slides of the subject property were shown. Chairman Nejad opened the public hearing and asked for the applicant’s comments. Toni Sigee of 4618 Aspen Lane, Port Arthur, Texas addressed the Commissioners. Discussion followed. Ms. Sigee stated that when the food truck is not in use it is in storage. Councilman Getz asked Ms. Sigee who gave her permission to cut the trees down. Ms. Sigee stated that she hired someone from a tree cutting company to cut the trees down due to foundation issues. Chairman Nejad asked if there was any one that would like to speak for or against the case. Keith Carter at 2615 Liberty Street addressed the Commissioners. Mr. Carter addressed the Commissioners about cutting down trees on City property and the food truck being in the neighborhood. Mr. Carter stressed that he was against the food truck. Discussion followed. Ms. Sigee readdressed the Commissioners regarding the trees and 5 Planning and Zoning March 21, 2016 the food truck. Discussion followed. The public hearing was closed. Commissioner Makin made a motion to deny a request for a Specific Use Permit to allow a food truck in an RCR-H (Residential Conservation Revitalization-Historic District) zoning and to approve a request for a Specific Use Permit to allow a real estate, property management office in an RCR-H (Residential Conservation Revitalization-Historic District), as requested in File 2256-P.Vice-Chairman Craig seconded the motion. Motion to deny carried 8:0. Motion to approve carried 8:0. 3) 2257-P: Consider a request for a Specific Use Permit to allow a mini storage facility in GC-MD (General Commercial-Multiple Family Dwelling District) zoning. Applicant: Zachery Rowe-Mark Whiteley and Associates Location: 6160 Delaware Street Ms. Ward presented the staff report. Zachary Rowe of Mark W. Whiteley and Associates has designed and submitted a Mini Storage Facility that the property owner, Mr. Sam Parigi, Jr., would like to construct at 6160 Delaware Street. This development will consist of a three (3) story building. Mr. Parigi does not want the structure to resemble a warehouse and has asked the architect to incorporate materials that will have a more aesthetic appeal, especially for the neighbors to the north. All lighting will be directional so as to not disturb neighboring properties. In addition, a 120 foot wide ditch separates the property from the residential lots to the north. Staff recommended approval with the following conditions: 1. Submit storm drainage discharge design on construction drawings. Thirteen (13) notices were mailed to property owners within 200 feet of the subject property. No responses were received in favor or in opposition. Slides of the subject property were shown. Commissioner Mason questioned Ms. Ward who within the 200 feet received notices. Zach Rowe at 3250 Eastex Freeway addressed the Commissioners. Commissioner Mason questioned Mr. Rowe about the auctions held at storage facilities. Chairman Nejad th opened the public hearing. Sam Parigi at 445 N. 14 Street addressed the Commissioners. Mr. Parigi replied that most of the auctions are held on line. Discussion followed. Mr. Parigi stated that he did not feel traffic would be an issue. The public hearing was closed. Commissioner Mason questioned if there is a height restriction for GC-MD. Attorney Tyrone Cooper stated that there will be buffering landscaping and that there will not be any restrictions. Commissioner Little made a motion to approve a request for a Specific Use Permit to allow a mini storage facility in GC-MD (General Commercial-Multiple Family Dwelling District) zoning as requested in File 2257-P with the following conditions: 1. Submit storm drainage discharge design on construction drawings. 6 Planning and Zoning March 21, 2016 Commissioner Mason seconded the motion. Motion to approve carried 8:0. 4) 865-OB: Consider a request for an abandonment of a waterline easement. Applicant: City of Beaumont Location: Major Drive @ IH-10 Ms. Ward presented the staff report. The State of Texas has acquired land for the purpose of widening the Major Drive right- of-way and roadway. The City of Beaumont has an existing 20' waterline easement, formerly located on private property, which is now left in the right-of-way and poses an obstacle to the proposed improvements. A new waterline easement has been created to accommodate the City utilities. A request has been made to abandon that portion of the original easement that is now located in the right-of-way. Planning staff recommended approval of the request. Vice-Chairman Craig made a motion to approve a request for an abandonment of a waterline easement as requested in File 865-OB. Commissioner Makin seconded the motion. Motion to approve carried 8:0. OTHER BUSINESS THERE BEING NO OTHER BUSINESS, THE MEETING WAS ADJOURNED AT 4:06 P.M. 7