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HomeMy WebLinkAbout9-15-14 PC Minutes * M I N U T E S * REGULAR MEETING JOINT PUBLIC HEARINGS PLANNING COMMISSION CITY COUNCIL City Council Chambers September 15, 2014 A Regular Meeting and Joint Public Hearings of the Planning Commission and City Council was held on September 15, 2014 and called to order at 3:00 p.m. with the following members present: Commission Members present: Chairman Sina Nejad Vice-Chairman Marty Craig Commissioner Lynda Kay Makin Commissioner Ransom “Duce” Jones Commissioner Walter Kyles Commissioner Lauren Williams Mason Commissioner Eddie Senigaur Commissioner Bill Little Commission Members absent: Commissioner Clint Walters Commissioner Frank Messina Commissioner Shani Daigle Councilmembers present: Mayor Becky Ames Councilman Mike Getz Councilman Audwin Samuel Councilman Jamie Smith Councilmembers absent: Mayor Pro-Tem Alan Coleman Councilmember-at-Large Gethrel Williams Wright Councilman-at-Large W. L. Pate Also present: Chris Boone, Director of Planning and Community Development; Adina Ward, Planner II; Jill Cole, Recording Secretary; Tyrone Cooper, City Attorney APPROVAL OF MINUTES No minutes were approved. REGULAR MEETING 1) Replat of Glenwood Estates, Block 223A: Lots 23-25, Block 223A into Lots 23A–31A, Block 223A, Glenwood Estates, Beaumont, Texas. Location: 4416-4436 Galveston and 2890-3040 Fillmore Street Applicant: Faust Engineering & Surveying, Inc. Mr. Boone presented the staff report. Jeremy Mitchell of Faust Engineering and Surveying, Inc. is requesting a replat of the properties located at 4416-4436 Galveston and 2890-3040 Fillmore Street on behalf of Habitat for Humanity of Jefferson County. This property was deeded to Habitat from the City of Beaumont in 2012. Water and sewer were not available at that time, so residential lots were not necessary for the majority of the area. Water and sewer is now being made available to the area. The lots exceed the minimum lot area, width and depth requirements for residential property. Fifty-one notices were mailed to property owners within the subdivision. No responses in favor or in opposition were returned. Planning staff recommended approval. Chairman Nejad opened the public hearing and asked for comments. No comments were made. The public hearing was closed. Commissioner Makin made a motion to approve the replat of Lots 23-25, Block 223A into Lots 23A–31A, Block 223A, Glenwood Estates located at 4416-4436 Galveston and 2890-3040 Fillmore Street as requested in the Replat of Glenwood Estates, Block 223A. Vice-Chairman Craig seconded the motion. Motion to approve carried 8:0. 2) Preliminary Plat – West Chase Village, Section Twelve: Approval of a 13 single family lot subdivision; 4.578 acre extension of West Chase Village. Location: 2610-2655 Rigby and 7735-7755 Devonshire Applicant: Fittz & Shipman for Construction Equity Mr. Boone presented the staff report. Bernardino D. Tristan, representing Construction Equity, Inc., has applied for preliminary approval of West Chase Village, Section Twelve. The property includes 2610-2655 Rigby and 7735-7755 Devonshire. This 4.578 acre extension of West Chase Village will include 13 single family lots. The property will be accessed by an extension of Devonshire Drive and a new cul-de-sac street Rigby. The plat was sent to all interested parties. Water Utilities will review the water and sanitary sewer design, including the line sizes and grades, water services, fire hydrants, flush outs, valves, sewer services, manholes, clean outs, and easements in detail when the preliminary construction plans are submitted and will address any additional comments at that time. Staff recommended approval of the request. Chairman Nejad asked for the applicant’s comments. Bernardino D. Tristan at 1405 Cornerstone Court with Fitz & Shipman, Inc., addressed the Commission. Vice-Chairman Craig made a motion to approve the Preliminary Plat of West Chase Village, Section Twelve, a 4.578 acre extension of West Chase Village located at 2610-2655 Rigby and 7735-7755 Devonshire. Commissioner Makin seconded the motion. Motion to approve carried 8:0. 3) File 849-OB: Request to abandon a 10'x~550' dedicated waterline easement. Location: 410 I-10 South Applicant: Troy Whitehead Mr. Boone presented the staff report. Del Papa Distributing Co. applied for the abandonment of a 0.125 acre waterline easement located at 410 Interstate 10 South. Mr. Troy Whitehead, representing Del Papa Distributing Co., stated that the company is completing warehouse improvements causing the existing waterline to be relocated to a new easement. The existing water line easement is no longer required. The easement was a waterline exclusive easement. The item was sent to all interested parties. No negative responses were received. Planning staff recommended approval. Chairman Nejad asked for the applicant’s comments. Troy Whitehead at 8865 College Street of Schaumberg & Polk representing Del Papa Distributing Co. addressed the Commission. Commissioner Senigaur made a motion to approve a request to abandon a 10'x~550' dedicated waterline easement located at 410 I-10 South as requested in File 849-OB. Commissioner Mason seconded the motion. Motion to approve carried 8:0. 4) File 850-OB: Request to abandon a portion of Wall Street located between the northeast line of Pearl St and the east right-of-way line of Orleans Street Location: Wall Street between Pearl and Orleans Applicant: City of Beaumont Public Works Department Mr. Boone presented the staff report. The Beaumont Public Works Department has requested that the portion of Wall Street located between the northeast right-of-way line of Pearl Street and the east right-of-way line of Orleans Street be abandoned. Due to existing storm sewer located under this portion of Wall Street, City Engineering has requested the retention of an easement. The City is in the process of assembling the full tract in order to market the property for development. The Planning staff recommends approval with the retention of an easement. Commissioner Mason made a motion to approve a request to abandon a portion of Wall Street located between the northeast line of Pearl Street and the east right-of-way line of Orleans as requested in File 850-OB. Commissioner Makin seconded the motion. Motion to approve carried 8:0. JOINT PUBLIC HEARINGS 1) File 2194-Z/P: Request for a zone change from RS (Residential Single Family Dwelling) to LI (Light Industrial) or a more restrictive zoning district with a Specific Use Permit for a sandblasting shop. Location: 7625 Washington Boulevard Applicant: Robert Dean Fontenot Mr. Boone presented the staff report. Robert Dean Fontenot is requesting a rezoning from RS (Residential Single Family Dwelling) to LI (Light Industrial) district with a Specific Use Permit for a metal sand blasting and coating facility on his property. The Fontenot’s own approximately forty (40) acres at 7625 Washington Blvd., this request is for 21.51 acres of the total area. The Fontenot’s purchased this property approximately fifteen (15) years ago and immediately opened for business. Staff has no record of permits pulled for this business. The property includes a barn, used for their sandblasting business, which is located in an area previously used for oil and gas drilling. Mr. Fontenot contends that this oil and gas drilling operation created a “dead zone” where vegetation no longer grows, making the land unsuitable for agricultural purposes. The proposed use employs two or three employees and operates from 8:00 AM to 4:30 PM, Monday through Friday. Sand blasting is considered similar to other metal working uses for the purposes of zoning. One of the primary concerns for this request is spot zoning. The reasons being: 1. The request is not in compliance with the comprehensive plan. The subject property is designated as a neighborhood growth unit. 2. The request is not consistent with the zoning or land use of the surrounding area, existing uses in the area are primarily residential. While it is unfortunate that the business is not allowable in this zone type, the zoning pattern is predominantly RS. In addition the surrounding land use is residential to the north, Crescent on Walden is located to the southeast and land to the west and northwest have been developed residentially. 3. Rezoning would not serve a public purpose furthering public health, safety, morals or general welfare. Slides were shown. Planning staff recommended denial. Ten (10) notices were mailed to property owners within 200 feet of the subject property and none were returned in favor or in opposition. Discussion followed. Attorney Tyrone Cooper stated that it is a clear case of spot zoning. Stuart Yoes at 3535 Calder spoke on behalf of Mr. and Mrs. Fontenot. Mr. Yoes addressed the Commission. The Fontenot’s have owned the property since 1997 and they have sandblasted on the property since 1999. Mr. Yoes stated that the business is relatively small. Originally, the Fontenot’s asked for 40 acres, then pursuant to the City’s request to reduce it down to 20 acres and now they’ve been asked to reduce it to .79 acres. The remainder of the land is used to raise cows and horses. Chairman Nejad opened the public hearing for comments in favor or against the case. Chairman Nejad closed the public hearing. Commissioner Kyles made a statement. Commissioner Mason made a motion to deny request for a zone change from RS (Residential Single Family Dwelling) to LI (Light Industrial) or a more restrictive zoning district with a Specific Use Permit for a sandblasting shop as requested in File 2194 Z/P. Commissioner Craig seconded the motion. Motion to deny carried 5:2 (Makin and Senigaur). Commissioner Jones exited the meeting at 3:47 p.m. 2) File 2211-P: Request for a Specific Use Permit to allow a second dwelling unit on property zoned RS (Residential Single Family Dwelling) District. Location: 7990 Collier Road Applicant: Robert L. LeJune Mr. Boone presented the staff report. Mr. Robert LeJeune has applied for a Specific Use Permit to build a mother-in-law quarter in an RS (Residential Single Family Dwelling) District. The property is located at 7990 Collier Road. The dwelling is intended for aged relatives currently living out of state. The individuals rely on others for shopping, paying bills and doctor’s visits as they no longer own a car and they do not possess a driver’s license. Planning staff recommended approval of the request. Slides were shown. Twenty notices were sent to property owners within 200’ of the subject property. No responses in favor and one in opposition were returned. Staff recommended approval with the following conditions: 1. The mother-in-law quarters will not be leased. 2. The mother-in-law quarters shall not be on a separate electrical meter. 3. A waiver be granted to the landscape buffer and screening requirements. Chairman Nejad opened the public hearing and asked for the applicant’s comments. The applicant was present. Robert L. LeJune at 7990 Collier Road addressed the Commission. Chairman Nejad asked for comments in favor or in opposition. No comments were made. The public hearing was closed. Commissioner Makin made a motion to approve a request for a Specific Use Permit to allow a second dwelling unit on property zoned RS (Residential Single Family Dwelling) District as requested in File 2211-P with the following three conditions: 1. The mother-in-law quarters will not be leased. 2. The mother-in-law quarters shall not be on a separate electrical meter. 3. A waiver be granted to the landscape buffer and screening requirements. Vice-Chairman Craig seconded the motion. Motion to approve with the three conditions carried 7:0 3) File 2212-P: Request for a Specific Use Permit to allow a behavioral and academic center/secondary school in a GC-MD (General Commercial-Multiple Family Dwelling) District. Location: 4960 Washington Boulevard Applicant: Jennifer Ford, C.E.O. Mr. Boone presented the staff report. Jennifer Ford, C.E.O. of Starpoint Educational Enrichment Center, L.L.C. is requesting a Specific Use Permit for the property located at 4960 Washington Blvd. Ms. Ford would like to utilize the property as a behavioral and academic center/secondary school offering behavioral therapies for students ages 3-21 who are diagnosed with Autism Spectrum Disorder (ASD) and other neurological or cognitive syndromes, as well as a general education Pre-K Program. The proposed use will employ eight (8) teachers/teacher assistants, one (1) nurse and six (6) administrative staff. The facility will serve 112 students. Hours of operation will be 8 a.m. to 6 p.m. Monday thru Friday. At last month’s meeting, a discussion arose regarding access and circulation of traffic. Further review of the parking lot has brought a concern to our attention with regard to the efficient movement of vehicles in and out of the area. With the arrangement of parking stalls and the proposed parallel parking along the fence opposite the parking lot it would be very difficult and unsafe for 100 vehicles to enter and exit the property without a turnaround in place already. It is possible that the paved area beyond the gates could be utilized as such an area, however, this area has been designated as an outdoor play area for the school children, a use that conflicts permitting traffic to circulate within the property. A second concern would be congestion that could cause lines of vehicles parked along Washington Boulevard during peak traffic flow. Slides were shown. Fourteen notices were mailed to property owners with 200 feet of the subject property. One notice was received in opposition. Staff recommended approval of this request. Chairman Nejad opened the public hearing. Applicant was not present. Sam Parigi at 445 N. th 14 Street addressed the Commission and spoke in opposition of the facility. He stated that he felt the facility did not belong on Washington Boulevard. He stated the facility should not be located in a commercial location. Chairman Nejad closed the public hearing. Discussion followed between Commissioners and Mr. Boone. Commissioner Kyle addressed Mr. Parigi. Discussion followed. Commissioner Senigaur made a motion to table File 2212-P so the applicant can be in attendance at the next meeting. Vice-Chairman Craig seconded the motion. Motion to approve carried 7:0. 4) File 2213-P: Request for a Specific Use Permit to allow a Gaming Room in an NC (Neighborhood Commercial) District. Location: 3225 Park Street Applicant: Paul Nguyen Mr. Boone presented the staff report. Paul Nguyen would like to operate a gaming facility containing 36 eight-liner machines and a convenience store at 3225 Park Street. Customers would only be able to receive food and drinks (non-alcoholic), not to exceed $5 in value, as prizes. Hours of operation will be from 9 a.m. till 12 a.m. or later, if customers are still present. Mr. Boone stated that in the recently adopted gaming ordinance, the hours of operation for gaming facilities have been restricted to midnight. Slides were shown. Twenty-five notices were mailed to property owners within 200 feet of the subject property. none were received in favor and one was received in opposition. Ms. Thomas at 2010 Alma who lives within 200 feet of the property called to speak in opposition of the gaming room but did not specify why. Vice-Chairman Craig questioned Mr. Boone about the Traffic Division and Mr. Boone replied that they had no objections and that there was adequate parking. Applicant was present. Belina Tran, Paul Nguyen’s spouse, at 3225 Park Street addressed the Commission. Bernie Mennard at 1025 Brockman spoke in favor of the Tran’s gaming room and stated the Tran’s ran a pretty clean business. Chairman Nejad opened the public hearing and asked for comments in favor of or against the case. Chairman Nejad closed the public hearing. Commissioner Kyles made a motion to approve a request for a Specific Use Permit to allow a Gaming Room in an NC (Neighborhood Commercial) District as requested in 2213-P. Commissioner Senigaur seconded the motion. Motion to approve carried 6:1 (Nejad). 5) File 2214-P: Request for a Specific Use Permit to allow a Community Garden in an RM-M (Residential Multiple Family Dwelling-Medium Density) District. Location: 3840 Travis and 4590 Concord Applicant: Nutrition and Services for Seniors Mr. Boone presented the staff report. Elaine Shellenberger, on behalf of Nutrition & Services for Seniors, is requesting a Specific Use Permit to allow a community/donation garden on their property at 3840 Travis Street. This garden would allow the center to offer fresh produce to their clients. This request fits their mission of assisting seniors and the disabled in leading quality lives while maintaining dignity and independence. The gardens would occupy that area previously designated for expansion of the parking lot and an additional office building. Planning staff recommended approval of the request. Twenty-five notices were mailed to property owners within 200’ of the subject property. None were received in favor and none in opposition were returned. Slides of the subject property were shown. Chairman Nejad opened the public hearing and asked for the applicant’s comments. The applicants were present. Elaine Shellenberger at 6870 Durango Circle and Dan Parker at 4735 Regina Lane representatives of Nutrition and Services for Seniors addressed the Commission. Chairman Nejad asked for comments in favor or in opposition. Gladys Johnson at 3725 Acorn Circuit addressed the Commission. Ms. Johnson stated that she lived behind the facility and shared concerns of traffic becoming a problem on Travis Street and would there be any fencing involved. Ms. Shellenberger replied that the intentions are for them to add fencing and that the access would be on the facility’s property located on Concord Street and not in the back on Travis Street. The public hearing was closed. Vice-Chairman Craig made a motion to approve a request for a Specific Use Permit to allow a Community Garden in an RM-M (Residential Multiple Family Dwelling-Medium Density) District as requested in File 2214-P. Commissioner Mason seconded the motion. Motion to approve carried 7:0. 6) File 2215-P: Request for a Specific Use Permit to allow a church in an RCR (Residential- Commercial Revitalization) District. Location: 1312 Franklin Applicant: Yanina Nunez Mr. Boone presented the staff report. Yanina Nunez would like to use the former Eagles Lodge #116 located at 1312 Franklin, as a church. Iglesia Odres Nueves is a holistic ministry wishing to conduct regular services and outreach in the community. Regular services consist of Sunday, 10:30am worship; Tuesday, 7pm classes; and Thursday 7pm prayer meeting. The congregation consists of approximately 60 members. Slides of the subject property were shown. Forty-three notices were mailed to property owners within 200’ of the subject property. No responses in favor or in opposition were returned. Planning staff recommended approval of the request. Chairman Nejad opened the public hearing and asked for the applicant’s comments. Commissioner Kyles addressed Mr. Boone. Discussion followed. The applicant, Yanina Nunez at 9390 Landis Drive was present and she addressed the Commission. Chairman Nejad asked for comments in favor or in opposition. Claude Connor at 2290 Avenue D addressed the Commission. The public hearing was closed. Commissioner Mason made a motion to approve a Specific Use Permit to allow a church in a RCR (Residential-Commercial Revitalization) District at 1312 Franklin as requested in File 2215-P. Commissioner Senigaur seconded the motion. Motion to approve carried 7:0. 7) File 2216-P: Request for a Specific Use Permit to allow warehousing and distribution of composite materials in a GC-MD (General Commercial-Multiple Family Dwelling) District. th Location: 3140 S. 11 Street Applicant: Unite Worldwide Resources & Spectra Composites Mr. Boone presented the staff report. United Worldwide Resources and Spectra Composites are requesting a Specific Use Permit for the property at 3140 South 11th Street. Spectra Composites is a nationwide distributor of composite materials and associated products. Spectra Composites plans to use the property for the collection and distribution of materials to be transported by either company trucks or third party common carrier trucks. Certain chemical product is received in tanker trucks and stored in drum containers. Both hazardous and non- hazardous products will be handled at this location. All material storage, staging and assembly will be accomplished inside the building. Products will then be shipped to customers. No product will be created or manufactured at this location. Normal hours of operation are from 8:00am to 4:30pm, with an occasional truck arriving as early as 7am. Slides were shown. Twenty-six notices were mailed to property owners within 200 feet of the subject property. Staff recommends approval of this request subject to the following condition: 1. An 8' wood privacy fence is constructed and/or maintained where the site abuts RM-H properties that are developed. The applicant, Brian Kuzera at 714 S. National Avenue, Springfield, Missouri was present and addressed the Commission. Mr. Kuzera asked that the condition be removed and to let the natural barrier be used as a fence instead. The public hearing was closed. Commissioner Mason addressed the applicant about houses being too close to the property. Mr. Boone suggested keeping the condition but adding the phrase, “Where a natural barrier does not currently exists,” that would allow the Planning staff to go out and inspect the property. Chairman Nejad closed the public hearing. Commissioner Makin made a motion to approve a request for a Specific Use Permit to allow a warehousing and distribution of composite materials in a GC- MD (General Commercial-Multiple Family Dwelling) District as requested in File 2216-P with the following condition: 1. An 8' wood privacy fence is constructed and/or maintained where the site abuts RM-H properties that are developed. Where a natural barrier does not currently exists, as required by the Planning department. Commissioner Craig seconded the motion. Motion to approve carried 7:0. OTHER BUSINESS THERE BEING NO OTHER BUSINESS, THE MEETING WAS ADJOURNED AT 4:39 P.M.