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Home My WebLink About2-18-13 PC MinutesMINUTES JOINT PUBLIC HEARINGS PLANNING COMMISSION CITY COUNCIL City Council Chambers February 18, 2013 Joint Public Hearings were held on February 18, 2013 with the following members present: Commission members present: Chairman Sina Nejad Commissioner Lynda Kay Makin Commissioner Ransom Jones Commissioner Walter Kyles Commissioner Lauren Williams Mason Commissioner Frank Messina Commission members absent: Vice Chairman Marty Craig Commissioner Glenn Bodwin Commissioner Steven Johnson Commissioner Eddie Senigaur Commissioner Clint Walters Commissioner Bill Little Counciimembers present: Mayor Becky Ames Councilman -at -Large W. L. Pate Councilman Mike Getz Councilman Audwin Samuel Councilmernbers absent: Mayor Pro-Tem Alan Coleman Councilmember-at-Large Gethrel Williams -Wright Councilman Jamie D. Smith AIso present: Steve Richardson, Planning Manager; Jill Cole, Recording Secretary; Ad ina Ward, Planner; Tyrone Cooper, City Attorney; Chris Boone, Community Development Director APPROVAL OF MINUTES Commissioner Mason made a motion to approve the minutes of the Regular Meeting and Joint Public Hearings held January 28, 2013. Commissioner Kyles seconded the motion. Motion to approve carried 6:0. Planning Commission Fektiary 18, 2013 JOINT PUBLIC HEARINGS Mayor Ames called the Joint Public Hearings of February 18, 2013 to order and explained the purpose of the joint hearing process and then turned the meeting over to Chairman Nejad. Chairman Nejad explained the policies and procedures for the hearing process. 1) File 2159-P: Request for a specific use permitto allow the sale, storage, installation and servicing of generators in a GC -MD (General Commercial -Multiple Family Dwelling) District. Location: 1412 Ashley Applicant: Kent Burch Mr. Richardson presented the staff report. Kent Burch, owner of Gulf Coast Generators, states that the primary use of the building will be for receiving, staging and prepping the generators before the delivery to the final site location. The subject property will be used for the storage of work trucks, trailers and other equipment used in the installation and servicing of standby generator equipment. Front office space will be used to meet with the occasional client to talk about their generator needs. Mr. Burch estimates that 95% of the company's work will be performed at the standby generator site location. Mr. Richardson recommend approval of the request. Seventeen notices were mailed to property owners within 200 feet. No responses in favor or in opposition were returned. Slides of the subject property were shown. Chairman Nejad asked for the applicant's comments. Kent Burch, the applicant, addressed the Commission. Chairman Nejad asked for comments in favor or in opposition. No comments were made. The public hearing was closed. Commissioner Jones made a motion to approve a specific use permit to allow the sale, storage, installation and servicing of generators in a GC -MD District at 1412 Ashley as requested in File 2159-P. Commissioner Makin seconded the motion. Motion to approve carried 6:0. 2) File 829-OB: Request for renaming that portion of University Drive, between E. Cardinal Drive and Lavaca Street, to Jimmy Simmons Boulevard. Location: University Drive between E. Cardinal Drive and Lavaca Street Applicant: City of Beaumont Planning Division Mr. Richardson presented the staff report. The purpose of this renaming is to honor the accomplishments of Dr. Simmons during his tenure as president of Lamar University. Dr. Simmons, after serving for over thirteen years as Lamar PA Planning Commission Pebmary 18, 2013 University's president, will be resigning his position as soon as a replacement is hired. During Dr. Simmons' presidency, Lamar has seen tremendous growth in student enrollment and the development of new dorms and recreational facilities and major upgrades to several major academic buildings, Provost Umphrey Stadium, the Dauphin Athletic Complex, Vincent -Beck Stadium, McDonald Gym and the LU Soccer Complex. In addition to physical facilities, Lamar University, under Dr. Simmons, has made significant strides in academics, fiend raising, online programs, involvement in regional economic growth and in attracting talented faculty. After spending some time with family, Dr. Simmons plans to return to the faculty of the Mary Morgan Moore Department of Music. Mr. Richardson recommended approval of the renaming. Fifty-three notices were mailed to property owners adjacent to the street. No responses in favor or in opposition were returned. Slides of the subject property were shown. Mayor Ames stated that she was very much in favor of the renaming. Chairman Nej ad opened the public hearing and asked for comments. No comments were made. The public hearing was closed. Commissioner Kyles made a motion to approve a request for renaming that portion of University Drive, between E. Cardinal Drive and Lavaca Street, to Jimmy Simmons Boulevard as requested in File 829-OB. Commissioner Jones seconded the motion. Motion to approve carried 6:0. Chairman Nejad stated that the Planning Commission was honored to recommend approval of the renaming. 3) File 830-OB: Request for an amendment to the Zoning Ordinance, Section 28.03.023 (e), Permitted Use Table. Applicant: City of Beaumont Planning Division Mr. Richardson presented the staff report. This item is a request for an amendment to the Zoning Ordinance, Section 28.03.023(e), Permitted Use Table. A property owner recently spoke to staff about moving her tutoring business into an office building that she owns at 1450 Wellington Circle. At that time, she was Planning Commission February 18,200 told that tutoring is not permitted in an RM-H District either by right or with a specific.use permit. In 1984, the subject and adjacent properties were zoned RM-H and a specific use permit was granted to allow professional offices. In order to allow tutoring services, Mr. Richardson told the property owner that the property would have be rezoned to a commercial zoning or the Zoning Ordinance be amended to allow tutoring with a specific use permit in RM-H zoning. Mr. Richardson stated that he does not feel that tutoring services will detract from any of the other uses permitted with a specific use permit. He stated that he felt that amending the Permitted Use Table to allow tutoring services would be much less objectionable to surrounding property owners than rezoning these properties to a commercial district that would allow tutoring by right. Mr. Richardson recommend that the Permitted Use Table be amended by adding tutoring as a separate category and allowing it with a specific use permit in an RM- H District. ChairmanNejad opened the public hearing and asked for comments. No comments were made. The public hearing was closed. Commissioner Mason made a motion to approve a request for an amendment to the Zoning Ordinance, Section 28.03.023 (e), Permitted Use Table by adding tutoring as a separate category and allowing it with a specific use permit in an RM-H District as requested in File 830-013. Commissioner Kyles seconded the motion. Motion to approve carried 6:0. 4) File 831-OB: Consider a request for a sidewalk waiver. Location: 8085 Eastex Freeway Applicant: Tim Andrues with Coastwide Leasing, L.P. Chairman Nejad abstained from participation in File 831-013. Mr. Richardson presented the staff report. Tim Andrues, representing Coastwide Leasing, L.P., has applied for the sidewalk waiver for a new office building that his company is constructing. The Subdivision Regulations state that the Planning Commission may grant a waiver to the sidewalk requirement if the applicant can prove that there is an engineering reason for not installing a sidewalk. Mr. Andrues gives a number of reasons for the sidewalk waiver. He states that his civil engineer says that because of the additional fill dirt that needs to brought in to raise the building foundation, the setback of the building, and the additional slope of the TxDOT ditch, the resultant slope created from this tight spacing would Planning Commission February 18, 2013 exceed what would be recommended for the construction of a sidewalk providing safe pedestrian use. Mr. Richardson recommended approval of the request. Slides of the property were shown. Commissioner Makin, acting as Chairman, opened the public hearing and asked for the applicant's comments. Tim Andrues, the applicant, addressed the Commission. Commissioner Makin asked for comments in favor or in opposition. No comments were made. The public hearing was closed. Commissioner Jones made a motion to approve a request for a sidewalk waiver at 8085 Eastex Freeway as requested in File 831-013. Commissioner Kyles seconded the motion. Motion to approve carried 5:0:1 (Nejad). OTHER BUSINESS THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED. ABSTENTION ION AFFIDAVIT THE STATE OF TEXAS COUNTY OF JEFFERSON as a member of the ' 9 (City Council, commission, or board) make this affidavit and hereby on oath state the following: I, and/or a person or persons related to me, have a substantial interest in a business entity that would be peculiarly affected by a vote or decision of the Q ,�ww �� f _ (City Council, commission, or board) as those terms are defined in V.T.C.A., Local Government Code, §171.002. The business entity is:u w (Address) (" " or name of relative and relationship) havelhas a substantial interest in this business entity for the following reasons: (check all of which are applicable.) Ownership of 10 percent or more of the voting stock or shares of the business entity. Ownership of either 10 percent or more or $5,000 or more of the fair market value of the business entity. Funds received from the business entity exceed 10 percent of (my, her, his) gross income for the previous year. Real property is involved, and (I, he, she) have an interest which is an equitable or legal ownership with a fair market value of at least $2,500. A relative of mine, within the first or second degree of blood or marriage, has a substantial interest in the business entity or property that would be affected by a decision of the public body of which I am a member, Upon filing of this affidavit with the City Clerk, I affirm that I will abstain from voting on any decision involving this business entity and from any further participation on this matter whatsoever. Signed this day of , 20-� Signature of Official Title BEFORE ME, the undersigned authority, on this day personally appeared, /I fl and an oath stated that the facts hereinabove stated are true to the best of his/her knowledge or Valief. SWORN onR C. e 6 o e o s `r�` day of - %� —. 20 JILL COLE My Ca oust 6. 2, EMpireo Notary Pubfi and for the State of Texas _ Auyusi.B, 20t$