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HomeMy WebLinkAbout10-20-14 PC Minutes * M I N U T E S * REGULAR MEETING JOINT PUBLIC HEARINGS PLANNING COMMISSION CITY COUNCIL City Council Chambers October 20, 2014 A Regular Meeting and Joint Public Hearings of the Planning Commission and City Council was held on October 20, 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 Walter Kyles Commissioner Lauren Williams Mason Commissioner Bill Little Commission Members absent: Commissioner Lynda Kay Makin Commissioner Clint Walters Commissioner Ransom “Duce” Jones Commissioner Eddie Seniguar Commissioner Clint Walters Commissioner Frank Messina Commissioner Shani Daigle Councilmembers present: Mayor Becky Ames Mayor Pro-Tem Councilman Alan Coleman Councilman Mike Getz Councilman Audwin Samuel Councilman Jamie Smith Councilmembers absent: 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) Preliminary Plat-Ridgecrest Subdivision, Unit 4-A: Request for approval of the improvements that were not completed in Unit 3, consisting of an extension of the 20 foot wide pavement a distance of 141.18 feet and construction of a temporary cul-de-sac. Applicant: Fitz & Shipman Mr. Boone presented the staff report. In February of this year, Fitz and Shipman sought and received approval of Ridgecrest Subdivision Unit Four. Unfortunately, the developer had not completed requirements imposed on Unit Three by Jefferson County Engineering; therefore the improvements for Unit Three were never accepted by the County for maintenance. Ridgecrest Subdivision Unit 4-A is the developer’s response in an attempt to have the improvements for Unit Three accepted for maintenance. The already approved Unit Four cannot begin construction until the requirements of Unit Three have been satisfied. Unit 4A will consist of an extension of the 20 foot wide pavement a distance of 141.18 feet and construction of a temporary cul-de-sac. Planning staff recommended approval of the preliminary plat. This item was sent to all interested parties. Chairman Nejad opened the public hearing and asked for comments. Ben Tristan at 1405 Cornerstone Court representing Fitz & Shipman addressed the Commissioners. The public hearing was closed. Vice-Chairman Craig made a motion to approve the Preliminary Plat-Subdivision, Ridgecrest, Unit 4-A as requested. Commissioner Mason seconded the motion. Motion to approve carried 5:0. JOINT PUBLIC HEARINGS 1) File 2140-P: Request for the revocation of a Specific Use Permit to allow antique furniture restoration in an RCR-H (Residential Conservation Revitalization-Historic) District. Location: 1801 North Applicant: Rodney Cooley Mr. Boone presented the staff report. In August, 2012, the City Council approved a Specific Use Permit to Mr. Rodney Cooley to allow antique furniture restoration at 1801 North Street with the condition that he: 1. Replace the 6’tall wood screening fence missing along the west property line and install a 4’ tall wood screening fence or a 6’ wide landscape bed along the west 26’ of the north property line. A recent inspection of the property showed that the condition had not been met. Mr. Cooley was notified of the violation, but failed to bring the property into compliance. On September 30, 2014, a certified letter was sent to Mr. Cooley notifying him of this impending hearing to revoke the Specific Use Permit. This property has been an issue for some time now. Beginning in early 2013, Mr. Cooley was notified that he had not completed a Certificate of Occupancy. Since then, charges have been filed for two separate counts of failure to obtain a Certificate of Occupancy and comply with the Specific Use Permit condition as well as one count of furniture being kept outside. To date, Mr. Cooley has refused to pay a fine or appear before Municipal Court. Water records show that Mr. Cooley has never opened an account with the water department; however he continues to place heavy trash at the curb for pick-up. The attached inspection report shows the scope of work involved. Revocation of this Specific Use Permit would be one additional tool to obtain compliance for the Specific Use Permit requirements. Slides were shown. Twenty-five notices were mailed to property owners within 200’ of the subject property. No responses in favor or opposition were returned. Staff recommended approval of the revocation. Discussion followed. Chairman Nejad opened the Public hearing and asked for the applicant’s comments. Mr. Boone introduced Anna Varela, the Historic District Code Enforcement Officer. Chairman Nejad questioned Mr. Boone what was the next step if the Commission approves the revocation and because Mr. Cooley hadn’t made an appearance in court to pay his fines. Attorney Tyrone Cooper addressed Chairman Nejad on the procedure to follow. Vice-Chairman Craig questioned if Mr. Cooley had been notified of his warrants. Mr. Boone stated that per Anna Varella a warrant had been issued for Mr. Cooley. Councilman Samuel questioned Mr. Boone about the applicant having a power cord and did the business have electricity. Mrs. Varela stated there is no water at the business. Councilman Getz addressed Mr. Boone being in compliance. Mrs. Varela addressed Councilman Getz. The applicant was not present. Henry Pressler of 3930 Bayou Road representing himself as the property owner at 1801 North Street addressed the Commission. Mr. Pressler stated that he was renting the property to Mr. Cooley. Mr. Pressler expressed concerns regarding repercussions for Mr. Cooley’s negligence to the property and not being in compliance with the City’s ordinance. Chairman Nejad opened the public hearing and asked for comments for or against the case. The public hearing was closed. Commissioner Mason made a motion to approve the revocation of a Specific Use Permit to allow antique furniture restoration in an RCR-H (Residential Conservation Revitalization- Historic) District as requested in File 2140-P and Vice-Chairman Craig seconded the motion. Motion to approved carried 5:0. 2) File 2212-P: Request for a Specific Use Permit to allow a behavioral and academic center/secondary school in GC-MD(General Commercial-Multiple Family Dwelling) District Location: 4960 Washington Boulevard Applicant: Jennifer Ford, C.E.O. of Starpoint Educational Enrichment Center, L.L.C. Mr. Boone presented the staff report. Jennifer Ford, C.E.O. of Starpoint Education Enrichment Center, L.L.C requested 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 that 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 through 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 would cause lines of vehicles parked along Washington Boulevard during peak traffic flow. Mr. Boone presented the staff report. Slides of the subject property were shown. Fourteen notices were sent to property owners within 200 feet of the subject property. No responses in favor and one in opposition were returned. Planning staff recommended denial of the request. Chairman Nejad questioned Mr. Boone if the denial is permanent or was the decision to deny made based on the current layout. Mr. Boone replied that the Traffic Engineer speculated that the circulation pattern could be reconfigured. But there were still concerns with the traffic being congested and not having enough room for the traffic to flow the way it should. Councilman Getz addressed Mr. Boone. Discussion followed. Chairman Nejad opened the public hearing and asked for the applicant’s comments. Commissioner Kyles commented on the denial and felt the case needed further investigation. The applicant was not present. Chairman Nejad asked for comments in favor or in opposition. No comments were made. The public hearing was closed. Vice-Chairman Craig made a motion to deny the request for a Specific Use Permit to allow a behavioral and academic center/secondary school in GC-MD(General Commercial-Multiple Family Dwelling)District as requested in File 2212-P. Commissioner Mason seconded the motion. Motion to deny carried 5:0. 3) File 2217-P: Consider a request for a Specific Use Permit to allow a Gaming Room in a NC (Neighborhood Commercial) District. Location: 3890 Highland Avenue Applicant: Andy D. Phan Mr. Boone presented the staff report. Mr. Andy D. Phan would like to operate a gift shop and gaming facility containing 32 eight-liner machines at 3890 Highland Avenue. Customers would only be able to receive gifts under $5 in value, as prizes. Hours of operation will be from 10 am through 9 pm Monday through Friday and 12pm through 6 pm on Sunday. The store will be closed on Saturday. The proposed parking plan was reviewed by the Traffic Division of the City of Beaumont. As long as the game room does not exceed 35% of the gross floor area, parking will be sufficient. If parking should exceed 35% of the gross floor area, parking will need to be increased for the use to be in compliance. Slides of the subject property were shown. Thirty-two notices were sent to property owners within 200 feet of the subject property. No responses in favor and three in opposition were returned. The same owner of all three properties expressed concerns about safety and stated no additional gaming rooms are needed Property owner also expressed concerns about the gaming room being too close to Alice Keith Park. Planning staff recommended approval of the request. Tyrone Cooper addressed Mr. Boone and inquired about the 35% of the floor area be added as a condition. Mr. Boone stated yes it needs to be a condition or additional parking should be provided. Chairman Nejad opened the public hearing and asked for the applicant’s comments. Andy Phan at 3890 Highland Avenue addressed the Commission and answered questions for the Commissioners. Questions were, Chairman Nejad, what types of gifts and Vice-Chairman Craig questioned the applicant about the condition of the parking area.Richard Faust of Faust Engineering & Surveying addressed the Commission. Mr. Faust stated he prepared the site plan for Mr. Phan and stated that the parking would be sufficient. Chairman Nejad asked for comments in favor or in opposition. Chairman Nejad closed the public hearing. Vice-Chairman Craig made a motion to approve a request for a Specific Use Permit to allow a Gaming Room in a NC (Neighborhood Commercial) as requested in File 2217-P subject to the conditions of the final occupancy approval is subject to review and acceptance of submitted plans and field inspections to verify compliance with applicable codes in regard to parking. Commissioner Mason seconded the motion. Motion to approve carried 4:1 (Nejad). 4) File 2218-Z: Request for a zone change from A-R (Agricultural-Residential) to RM-H (Residential Multiple Family Dwelling-Highest Density) or a more restrictive zoning district. Location: 4525 N. Major Drive Applicant: Linda Chester (Estate of Leroy Minton) Mr. Boone presented the staff report. Phuc N. Le is requesting a zone change from A-R (Agricultural-Residential) to RM-H (Residential Multiple Family Dwelling-High Density) District for a 4.981 acre tract located at 4525 N. Major Drive. Mr. Le is purchasing property from Ms. Linda Chester who represents the estate of Leroy Minton. Once the property has been purchased, Mr. Le plans to construct a new apartment complex. Slides of the subject property were shown. Twelve notices were mailed to property owners within 200 feet of the subject property. No response in favor or in opposition were returned. However, a property owner located near the North of the property expressed concerns about rezoning and developing the property as Residential and affecting them from keeping livestock on the property. There is a zoning ordinance requiring a 150 foot separation between a dwelling and livestock. Staff recommended approval of the request. The applicant was present. Chairman Nejad opened the public hearing and asked for comments. Dr. Phuc N. Le at 4525 N. Major Drive addressed the Commission. Chairman Nejad asked addressed the applicant. Disscussion followed. Chairman Nejad opened the public hearing and asked for comments in favor or in opposition. Chairman Nejad closed the public hearing. Commissioner Mason made a motion to approve a request for a zone change from A-R (Agricultural-Residential to RM-H (Residential Multiple Family Dwelling-Highest Density) or a more restrictive zoning district as requested in File 2218-Z. Commissioner Kyles seconded the motion. Motion to approve carried 5:0. 5) File 2219-Z: Request to consider zone change from R-S (Residential Single Family Dwelling) and C-M (Commercial-Manufacturing) Districts to LI (Light Industrial) or a more restrictive zoning district. Location: North Side of Washington Boulevard approximately ½ mile West of Lindbergh Drive Applicant: John R. Chance Mr. Boone stated per the applicant’s request, the case will be put on the next month’s agenda. OTHER BUSINESS THERE BEING NO OTHER BUSINESS, THE MEETING WAS ADJOURNED AT 4:02 P.M.