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HomeMy WebLinkAbout8-19-13 PC Minutes * M I N U T E S * REGULAR MEETING JOINT PUBLIC HEARINGS PLANNING COMMISSION CITY COUNCIL City Council Chambers August 19, 2013 A Regular Meeting and Joint Public Hearings of the Planning Commission and City Council were held on August 19, 2013 and called to order at 3:00 p.m. with the following members present: Chairman Sina Nejad Commissioner Lynda Kay Makin Commissioner Walter Kyles Commissioner Lauren Williams Mason Commissioner Eddie Senigaur Commission Members absent: Vice-Chairman Marty Craig Commissioner Ransom “Duce” Jones Commissioner Bill Little Commissioner Frank Messina Commissioner Shani Daigle Commissioner Clint Walters Councilmembers present: Mayor Becky Ames Mayor Pro-Tem Gethrel Williams Wright Councilman-at-Large W. L. Pate Councilman Alan Coleman Councilman Mike Getz Councilman Audwin Samuel Councilman Jamie Smith Also present: Bill Cobabe, Senior Planner; Adina Ward, Planner II; Jill Cole, Recording Secretary; 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 July 15, 2013. Commissioner Senigaur seconded the motion. Motion to approve carried 5:0. REGULAR MEETING 1) Preliminary Plat-Pine Glen Fifth Addition, Phase II: Consider the Preliminary Plat of Pine Glen Fifth Addition, Phase II, a 7.953 acre, 39 lot single family subdivision. Location: South of Tolivar, parallel to Highway 105 Applicant: Fittz & Shipman, Inc. Mr. Cobabe presented the staff report. Fitz and Shipman, Inc., has applied for preliminary plat approval of Pine Glen Fifth Addition, Phase II, a 7.953 acre, 39 lot single family residential subdivision. The property is located generally on the south of Toliver Road, which parallels Hwy 105. There have been several phases of subdivisions in the area. This is a continuation of these subdivisions and will be similar in layout and construction. In 1982, the Planning Commission approved the first phases of the plat of Pine Glen First Addition, Phase 1. The most recent subdivision in the series was Pine Glen Fifth Addition, Phase 1, which was approved in 2006. That subdivision is nearly identical to the proposed Phase 2. Typical lot size will be 60’x120’. Kiley Lane will have a 60’ wide right-of-way, and a 28’ pavement width, with curb and gutter drainage in addition to having 4’ sidewalks. Sheila Lane will be continued on to the west with a 50’ wide right-of-way, and a 28’ pavement width. There is also a proposed 100’ drainage ditch easement on the south side of the subdivision to provide storage and conveyance of storm water runoff. All public improvements will be built to city standards. This plat was sent to all interested parties. No negative responses were received. Staff recommended approval of the request. Chairman Nejad asked for the applicant’s comments. Ben Tristan with Fittz & Shipman, Inc. addressed the Commission. Commissioner Makin made a motion to approve the Preliminary Plat of Pine Glen Fifth Addition, Phase II as requested. Commissioner Mason seconded the motion. Motion to approve carried 5:0. JOINT PUBLIC HEARINGS Mayor Ames called the Joint Public Hearings of August 19, 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 2178-P: Request for a specific use permit to allow a pre-school/day care in an RS (Residential Single Family Dwelling) District. Location: 280 Enfield Lane Applicant: Tomeka Melonson Mr. Cobabe presented the staff report. Tomeka Melonson, owner of Fatty Frog Pre-School and Day Care, is requesting a specific use permit to allow for a pre-school/day care facility. The subject property is in an RS (Residential Single Family Dwelling) District at 280 Enfield Lane which allows this kind of use with a specific use application. The facility will be located in an established residential area. In order to accommodate the anticipated traffic impact, the applicant has devised a system for picking up and dropping off children at staggered times. This will reduce the number of cars in the area during peak times. The facility will be in operation from 5 a.m. to 6 p.m., Monday through Friday and have a maximum of 12 children enrolled. Utilities and drainage will not need to be altered. Mr. Cobabe added that before the meeting, parking was discussed at the workshop and staff would request that parking be addressed with the Transportation Division so that appropriate parking is accommodated on the site. In the staff report, Mr. Cobabe noted that parking will be on the existing driveway; however when a site inspection was done, cars were parked on the grass and staff wants to ensure that there is sufficient parking. In addition, the applicant has requested a waiver for the fencing requirement because there is an existing 8’ fence on the north property line, and a 5’ chain link fencing on the west and rear property lines. Staff feels that due to security and other concerns, an 8’ fence should be installed along all property lines and completely enclosing the rear yard. Thirty-five 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 opened the public hearing and asked for the applicant’s comments. Tomeka Melonson, 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 Senigaur made a motion to approve a specific use permit to a pre-school/day care in an RS (Residential Single Family Dwelling) District at 280 Enfield Lane as requested in File 2178-P, subject to the following conditions: ▪ An 8’ fence should be installed along all property lines and completely enclosing the rear yard. In addition, parking requirements shall be met per the requirements of the Transportation Division. Commissioner Kyles seconded the motion. Motion to approve carried 5:0. 2) File 2179-P: Request for a specific use permit for a metal sand blasting and coating facility in a C-M (Commercial-Manufacturing) District. Location: 745 Chamberlin Drive Applicant: Wade Abercrombie, owner of Fluid Industries, LLC Mr. Cobabe presented the staff report. The subject area is generally a commercial and industrial area along west College Street. The proposed use will only have two employees and will operate from 8 a.m. to 5 p.m., Monday through Friday. Sand blasting is considered similar to other metal working uses for the purposes of zoning. The proposed use is compatible with existing uses in the area. Utilities and drainage in the area are adequate for the proposed use, which will not change the outside of the building at all. Parking will need to be installed appropriate to the size of the building and accommodate 8 cars and one accessible parking stall. Staff recommended approval of the request. Twelve notices were mailed to property owners within 200 feet of the subject property. No responses in favor or 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 applicant was not present. 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 specific use permit for a metal sand blasting and coating facility in a C-M District at 745 Chamberlin Drive as requested in File 2179-P, subject to the following condition:  Parking requirements shall be met per the requirements of the Transportation Division. Commissioner Mason seconded the motion. Motion to approve carried 5:0. 3) File 2180-P: Request for a specific use permit to allow additional school classrooms in an RS (Residential Single Family Dwelling) District. Location: 8200 Highway 105 Applicant: Southeast Educational Foundation, on behalf of Legacy Christian Academy Mr. Cobabe presented the staff report. The surrounding area is generally residential. The proposed addition of three modular classroom buildings is an expansion of the existing use. The initial application was received and approved in 1996. At that time, eleven modular buildings were approved, and all have since been installed. The proposed use is compatible with existing uses in the area. Utilities and drainage in the area are adequate for the proposed use. Parking on the site is sufficient for the proposed expansion and an additional turn around for fire apparatus is to be provided on the north end of the existing access drive. Eighty-one notices were mailed to property owners within 200 feet of the subject property. Three responses in favor and none in opposition were returned. Planning staff recommended approval. Slides of the subject property were shown. Chairman Nejad opened the public hearing and asked for the applicant’s comments. Jeremy Mitchell with Faust Engineering, Inc. addressed the Commission. Chairman Nejad asked for comments in favor or in opposition. No comments were made. The public hearing was closed. Commissioner Mason made a motion to approve a specific use permit to allow additional school classrooms in an RS District at 8200 Highway 105 as requested in File 2180-P. Commissioner Senigaur seconded the motion. Motion to approve carried 5:0. 4) File 2181-P: Request for a specific use permit to allow an automotive repair, paint and body shop in a GC-MD (General Commercial-Multiple Family Dwelling) District. Location: 5115 and 5125 Seale Road Applicant: Paul Sachitano Mr. Cobabe presented the staff report. The requested specific use permit would allow the operation of an automotive repair facility with capacity to perform paint and body work. Automotive repair uses are permitted as of right in the GC-MD zone. A specific use permit is required, however, for uses that include paint and body work. It is not anticipated that this operation will have a significant impact on the surrounding neighborhood. Utilities and drainage in the area are adequate for the proposed use. Parking provided on the lot will be located sufficient for the repair facility. Planning staff recommended approval. Nine notices were mailed to property owners within 200 feet of the subject property. No responses in favor or in opposition were returned. Slides of the subject property were shown. Chairman Nejad opened the public hearing and asked for the applicant’s comments. Paul Sachitano, the applicant, addressed the Commission and answered questions. 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 specific use permit to allow an automotive repair, paint and body shop in a GC-MD District at 5115 and 5125 Seale Road as requested in File 2181-P. Commissioner Kyles seconded the motion. Motion to approve carried 5:0. 5) File 2182-P: Request for a specific use permit to allow a sports bar in a GC-MD (General Commercial-Multiple Family Dwelling) District. th Location: 39 N. 11 Street Applicant: Christopher Segura, on behalf of Allan Levine Trust Mr. Cobabe presented the staff report. The proposed facility will be located in an existing th strip center on 11 Street. The property is located less than 1000’ feet from two school properties. City of Beaumont Ordinance states: Sec. 6.03.003 Proximity of dealer to school, church, day care center or child care facility (a) Except as otherwise provided by the Texas Alcoholic Beverage Code, it shall be unlawful for any person to sell or possess for the purpose of sale any alcoholic beverages where the establishment or place of business of any dealer is: (1) Within three hundred (300) feet of a church or public or private school; (2) Within one thousand (1,000) feet of a public school or a private school if the governing body of the city receives a request from the governing body of the private school or from the board of trustees of the school district under section 38.007, Education Code; or (3) Within 1000 feet of a day care center or child care facility, as those terms are defined by section 42.002 of the Texas Human Resources Code. (b) The measurement of the distance between the place of business where alcoholic beverages are sold and the church, public or private school, day care center, or child care facility shall be determined as described in sections 109.33 and 109.331 of the Texas Alcoholic Beverage Code, as amended. State law (Title 4, Chapter 109, Subchapter A, Section 109.33 “Sales near school, church, or hospital” (c)) requires that the applicant must give written notice of the application to officials of public or private schools within 1000 feet of the nearest property line. The applicant is required to provide a copy of the notice to the State commission with the application. Utilities and drainage in the area are adequate for the proposed use. In the staff report, it says that the existing parking is sufficient but upon further review, it’s been determined that some th of the existing parking is actually in the public right-of- way along 11 Street. Therefore, staff recommended approval of the request with the condition that the parking be reviewed and accepted by the Transportation Division as adequate for the site and the proposed use. Nineteen notices were mailed to property owners within 200 feet. One response 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. Christopher Segura, the applicant, addressed the Commission. Chairman Nejad stated that in the workshop prior to the meeting, the issue of the proximity of the proposed business to schools and churches as well as parking was discussed. Mr. Segura, stated that hours of operation will typically be from 4 p.m., after surrounding businesses would be finished with business for the day. In response to Commissioner Makin, Mr. Segura said the proposed hours of operation would be 7 days a week be from 4 p.m. to 1 p.m. and until midnight during the week. In response to questions, Mr. Segura said they would be going through the process of obtaining a liquor license, but at the beginning of operation, it would be BYOB. Mr. Segura added that his leasing of the building is contingent upon his obtaining the specific use permit. Chairman Nejad asked Mr. Cobabe what the distance was between the proposed use and any school. Mr. Cobabe said the closest school was Central High School, which is 742 feet away, which is clearly within the 1000’ distance required by ordinance to give notice. In the event, a license is not issued, Mr. Segura will operate with a BYOB basis. Discussion with applicant followed regarding the his option to withdraw his application with the option to come back if the license is not obtained. But if the request was approved as submitted and the liquor license was not obtained, the business could not operate as a BYOB. The applicant withdrew his application with the understanding that he can come back at some point and the fee will be waived. 6) File 837-OB: Request for abandonment of a section of right-of-way (Leon Street) extending off Preston Street. Location: North property line of 3755 Preston Street, east of the intersection of Leon Street and Preston Street. Applicant: Jesse Davis Mr. Cobabe presented the staff report. The parcel to the north of the right-of-way is vacant. This portion of Leon Street is unused. Mr. Davis states that he is requesting the abandonment so that he may incorporate a portion or all of it with his property at 3755 Preston. This item was sent to all interested parties. There are no utilities in the right-of-way and no plans or need to put any in the right-of-way. Staff recommended approval of the request. Chairman Nejad opened the public hearing and asked for the applicant’s comments. Jesse Davis addressed the Commission and answered questions. 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 the abandonment of a section of right-of- way (Leon Street) extending off Preston Street, specifically the north property line of 3755 Preston Street, east of the intersection of Leon Street and Preston Street as requested in File 837-OB. Commissioner Senigaur seconded the motion. Motion to approve carried 5:0. OTHER BUSINESS THERE BEING NO OTHER BUSINESS, THE MEETING WAS ADJOURNED AT 4:08 P.M.