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HomeMy WebLinkAbout9-16-13 PC Minutes * M I N U T E S * JOINT PUBLIC HEARINGS PLANNING COMMISSION CITY COUNCIL City Council Chambers September 16, 2013 A Regular Meeting and Joint Public Hearings of the Planning Commission and City Council were held on September 16, 2013 and called to order at 3:00 p.m. with the following members present: Chairman Sina Nejad Vice-Chairman Marty Craig Commissioner Lynda Kay Makin Commissioner Walter Kyles Commissioner Lauren Williams Mason Commissioner Ransom “Duce” Jones Commissioner Shani Daigle Commission Members absent: Commissioner Eddie Senigaur Commissioner Frank Messina Commissioner Bill Little 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 Jamie Smith Councilmembers absent: Councilman Audwin Samuel Also present: Bill Cobabe, Senior Planner; Adina Ward, Planner II; Carla Gigliotta, Recording Secretary; Tyrone Cooper, City Attorney; Chris Boone, Community Development Director Chairman Nejad stated that File 2185-Z/P had been removed from the agenda. APPROVAL OF MINUTES Commissioner Kyles made a motion to approve the minutes of the Regular Meeting and Joint Public Hearings held August 19, 2013. Commissioner Mason seconded the motion. Motion to approve carried 7:0. JOINT PUBLIC HEARINGS Mayor Ames called the Joint Public Hearings of September 16, 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 2183-P: Request for a specific use permit to allow a computer service business in an RCR-H (Residential Conservation and Revitalization-H) District. th Location: 575 N. 7 Street Applicant: Kevin Grinnell Mr. Cobabe presented the staff report. Kevin Grinnell, owner of Grinnell Computers, is requesting a specific use permit to allow for a computer service business at 575 N. th 7 Street. The business has been located at the site for several years; the proposed specific use permit is for an expansion of the business. The expanded business will employ nine repair technicians, programmers, and web designers. Little additional traffic will be generated by the proposed expansion. Parking and utilities exist on the site to handle expected demand and has met the requirements of the City. Twenty-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. Staff recommended approval of the request. Chairman Nejad opened the public hearing and asked for the applicant’s comments. Kevin Grinnell addressed the Commission. He stated that he would meet all fencing and landscaping requirements and answered questions from Commission members. 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 a computer service business in an RCR-H (Residential Conservation and Revitalization-H) District at 575 th N. 7 Street as requested in File 2183-P. Commissioner Jones seconded the motion. Motion to approve passed 7:0. 2) File 2184-Z: Request for a zone change from RS (Residential Single Family Dwelling) District to GC-MD (General Commercial-Multiple Family Dwelling) District. Location: 7255 Highway 105 Applicant: James Amy Mr. Cobabe presented the staff report. James Amy, owner of the parcel located at 7255 Highway 105, is requesting a zone change from R-S (Residential-Single Family Dwelling) District to GC-MD (General Commercial-Multiple Family Dwelling) District. He is asking for this change due to some interest in his property for commercial uses, which are not allowed based on current zoning. Highway 105 is a major thoroughfare in northern Beaumont, and the area surrounding the intersection of Major Drive and Highway 105 has experienced significant commercial development in the recent past. The properties to the north and west have already transitioned into commercial uses and are zoned GC-MD, while the properties to the east and south are residential. Staff recommended approval of the request. Twenty-eight notices were mailed to property owners within 200 feet of the subject property. No responses in favor and one in opposition were returned. Slides of the subject property were shown. Chairman Nejad opened the public hearing and asked for the applicant’s comments. Mr. Amy addressed the Commission. 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 approve a zone change from RS (Residential Single Family Dwelling) District to GC-MD (General Commercial-Multiple Family Dwelling) District at 7255 Highway 105 as requested in File 2184-Z. 3) File 2186-Z: Request for a zone change from GC-MD (General Commercial – Multiple- Family Dwelling) District to LI (Light Industrial) District. Location: 980 N. Martin Luther King Parkway Applicant: Tommy Nguyen, on behalf of Mahmood Kothawala of M and B Investments Mr. Cobabe presented the staff report. Tommy Nguyen, on behalf of Mahmood Kothawala of M and B Investments, is requesting a zone change from GC-MD (General Commercial- Multiple Family Dwelling) District to LI (Light Industrial) District. The property is located at 980 N. Martin Luther King Parkway. Mr. Nguyen would like to open a facility for cutting metal into parts. All scrap and dust particles will be collected and recycled. Staff recommended denial of the request. Staff has determined that the proposed zone change is inappropriate for two reasons. First, the character of the neighborhood remains residential. There are single family residences adjacent to the proposed parcel. GC-MD is designed to be a transitional or buffer zoning between residential areas and more heavily commercial or industrial areas, so the existing zoning is appropriate. Second, there is no immediately adjacent LI zoned property. The closest LI zoned property is on the opposite corner of the intersection of Long Avenue and Martin Luther King Parkway. This zoning is acting appropriately as a buffer between that zoning district and the residential areas. Twenty-seven 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. Mahmood Kothawala of M and B Investments 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 deny a zone change from GC-MD (General Commercial Multiple-Family Dwelling) District to LI (Light Industrial) District at 980 N. Martin Luther King Parkway as requested in File 2186-Z. Commissioner Mason seconded the motion. Motion to deny carried 7:0. 4) File 2187-P: Request for a specific use permit to allow a pregnancy resource clinic in an RM-H (Residential Multiple Family Dwelling-Highest Density) District Location: 3740 Laurel Street Applicant: Mary Milligan, on behalf of Hope Women’s Resource Clinic Mr. Cobabe presented the staff report for the specific use permit request. The existing building has been used as a medical type clinic for many years. The proposed use would be comparable to that use. The clinic would offer pregnancy support services, as well as classes, counseling, support groups, and a small boutique. Parking and utilities exist on the site to handle expected demand and has met the requirements of the City. Planning staff recommended approval. 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. Cal Smith addressed the Commission on behalf of Hope Women’s Resource Clinic. 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 a pregnancy resource clinic in an RM-H (Residential Multiple Family Dwelling-Highest Density) District at 3740 Laurel Street as requested in File 2187-P. Vice-Chairman Craig seconded the motion. Motion to approve carried 7:0. 5) File 818-OB: A request for abandonment of a 80’x 165’ section of right-of-way (House Road) extending off Lawrence Drive. Location: Between 8195 and 8225 Lawrence Drive Applicant: Patrick Donart, on behalf of City of Beaumont Public Works Mr. Cobabe presented the staff report. The City of Beaumont is requesting abandonment of a right-of-way. This right-of-way is an extension of House Road off Lawrence. It is 80’ wide by 165’ deep, and is located in a generally residential area. The request was sent to all interested parties. There is a power line in the rear of the parcel, so an easement should be designated for the utilities located there. Planning staff recommends approval, based on the following condition: 1. That an easement be retained for the utilities located in the rear of the parcel. Chairman Nejad opened the public hearing and asked for the applicant’s comments. Antoinette Hardy with Public Works was present at the meeting. Chairman Nejad asked for comments in favor or in opposition. None were made. The public hearing was closed. Vice-Chairman Craig made a motion to approve a request for abandonment of a 80’x 165’ section of right-of-way (House Road) extending off Lawrence Drive, between 8195 and 8225 Lawrence Drive as requested in File 818-OB. Commissioner Jones seconded the motion. Motion to approve carried 7:0. 6) File 838-OB: A request for abandonment of a 20’x 300’ section of right-of-way between Oakland and Ewing Street. Location: Parallel to Louisiana Street and Evalon Street, and perpendicular to and extending between Oakland Street and Ewing Street Applicant: Access Surveyors, on behalf of Douglas Memorial Church Mr. Cobabe presented the staff report. Access Surveyors, on behalf of Douglas Memorial Church is requesting abandonment of a right-of-way. This right-of-way is a 20’ wide alley that extends between Oakland Street on the west and Ewing Street on the east and is approximately 300’ long. Property owners in the area have signed an application indicating their approval and interest in the abandonment. The abandoned right-of-way will be used, in part, to accommodate a new parking area for the Douglas Memorial Church. Eleven notices were sent to property owners within 200 feet of the subject property. One response in opposition and none in favor were returned. This request was sent to all interested parties. There is a sanitary sewer line in the alley, so an easement should be designated for the utilities located there. Planning staff recommends approval, based on the following condition:  That an easement be retained for the utilities located in the existing right-of-way. Chairman Nejad opened the public hearing and asked for the applicant’s comments. Elton Senegal addressed the Commission on behalf of the church and answered questions. Chairman Nejad asked for comments in favor or in opposition. Howard Castille, 1330 Gladys, addressed the Commission in opposition to the request. Linda Randolph, 1365 Louisiana, addressed the Commission in favor of the request. Hubert Monroe, Douglas Memorial Church Board of Trustees Chairman, addressed the Commission in favor of the request. Chairman Nejad closed the public hearing. Commissioner Daigle made a motion to approve the abandonment of a 20’x 300’ section of right-of-way between Oakland and Ewing Street located parallel to Louisiana Street and Evalon Street, and perpendicular to and extending between Oakland Street and Ewing Street as requested in File 838-OB. Commissioner Kyles seconded the motion. Motion to approve carried 7:0. 7) File 56-HC: A request for historical-cultural designation to be applied to a property located in the Oaks Historic District. th Location: 195 N. 7 Street Applicant: Revon and Martha Craig (Vice Chairman Craig recused herself from participation on File 56-HC.) Ms. Ward presented the staff report. Revon and Marty Craig have applied for an HC-L th (Historic-Cultural Landmark Preservation Designation for their home at 195 N. 7 Street. W. D. Orgain was the original owner of the home. His father, Will E. Orgain, opened a Beaumont law office in 1907 to handle litigation arising from the Spindletop oil boom. Major T. Bell joined the firm in 1933 and the firm has carried their names since 1945. th Orgain, Bell & Tucker celebrated its 100 year in 2007 and remains one of the most respected firms in the nation. W. D. Orgain was a lawyer representing the Yount-Lee Company during the Spindletop years, winning every case against the Federal Crude Oil Company. As attorney of record for Gulf Oil, he served brilliantly in cases with Rio Bravo, setting precedent and establishing right-of-way laws that still stand today. Mr. Orgain held many highly regarded positions during his life, including but not limited to chairman of the Board of Trustees of Southwestern University, State Democratic Committeeman from District 4, member of the Judicial Council of Texas, President of the Jefferson County Bar Associates & appointed to the Supreme Court Advisory Committee on rules of Civil Procedure. The home was designed by Augustin Babin and partner S. T. Beck of Babin & Beck Architects. Mr. Babin anong with colleague Fred Stone would later design the Art-Deco Jefferson County Courthouse, a recorded Texas Historic Landmark listed on the National Register of Historic Places. In 1933 Babin and colleague Neff were the architects for the Kyle Block, also listed on the national Register of Historic Places and recently restored. The th Orgain’s home at 195 N. 7 Street was completed in 1913 and considered unusual at a time when Victorian style homes were most popular. The large Craftsman was considered quite “avant-garde” and the talk of Beaumont when constructed. In 1926 the screened porch was enclosed and was used as a breakfast room. With a colorful tile floor and numerous windows it would bring to mind a solarium, a coveted feature at that time. Other alterations include removing the south facing, dining room, bay window to add a large sun porch, a marble fireplace mantle/surround designed by Architect Douglas E. Steinman, heating and air conditioning installed by the United Gas Corporation in 1950 and an elevator for access to the second floor. The Craig’s home is listed in the 1990 SPARE Beaumont Survey and is a contributing structure to the Oaks Historic District. Slides of the subject property were shown. Chairman Nejad opened the public hearing and asked for the applicant’s comments. Marty Craig addressed the Commission and gave the history of the house. 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 request for historical-cultural designation to th be applied to a property located in the Oaks Historic District located at 195 N. 7 Street as requested in File 56-HC. Commissioner Makin seconded the motion. Motion to approve carried 6:0:1 (Craig). OTHER BUSINESS THERE BEING NO OTHER BUSINESS, THE MEETING WAS ADJOURNED AT 4:18 P.M.