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HomeMy WebLinkAbout1-23-12 PC Minutes M I N U T E S REGULAR MEETING JOINT PUBLIC HEARINGS PLANNING COMMISSION CITY COUNCIL City Council Chambers January 23, 2012 A Regular Meeting and Joint Public Hearings were held on January 23, 2012 with the following members present: Commission members present: Chairman Sina Nejad Vice Chairman Marty Craig Commissioner Lynda Kay Makin Commissioner Glenn Bodwin Commissioner Walter Kyles Commissioner Lauren Williams Mason Commissioner Clint Walters Commissioner Bill Little Commission members absent: Commissioner Patrick Gibbs Commissioner Steven Johnson Commissioner Eddie Senigaur Commissioner Frank Messina Councilmembers present: Mayor Becky Ames Mayor Pro-Tem Jamie D. Smith Councilman-at-Large W. L. Pate Councilmember-at-Large Gethrel Williams-Wright Councilman Mike Getz Councilmembers absent: Councilmember Alan Coleman Councilman Audwin Samuel Also present: Steve Richardson, Planning Manager; Jill Cole, Recording Secretary; Adina Ward, Planner; Tyrone Cooper, City Attorney; Chris Boone, Community Development Director APPROVAL OF MINUTES Commissioner Kyles made a motion to approve the minutes of the Regular Meeting and Joint Public Hearings held December 19, 2011. Commissioner Makin seconded the motion. Motion to approve carried 8:0. Planning Commission January 23, 2012 REGULAR MEETING 1) Replat - Pad Site A A @, Metropolitan Park, Phase I: Consider the Replat of a 5.420 acre portion of Metropolitan Park, Phase I into Pad Site A A @, Metropolitan Park, Phase I. Location: Southwest corner of Dowlen Road and Metropolitan Drive Applicant: Leap Engineering Mr. Richardson presented the staff report. Bryan Lee has a buyer/developer for 5.420 acres of Metropolitan Park, thus the need for the replat. The request was sent to all interested parties. No negative responses have been received. Mr. Richardson recommended approval subject to the following condition:  Put the address on the plat. One notice was mailed to property owners within 200 feet and within the same subdivision and was returned in favor of the request. 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 Mason made a motion to approve the replat of Metropolitan Park, Phase I into Pad Site A A @, Metropolitan Park, Phase I subject to the following condition:  Put the address on the plat. Commissioner Makin seconded the motion. Motion to approve carried 8:0. 2) File 795-OB: Request to abandon 151' of an existing waterline easement within the BISD Westbrook School campus. Location: 8750 Phelan Applicant: Robert Zinglemann for Beaumont Independent School District 2 Planning Commission January 23, 2012 Mr. Richardson presented the staff report. The requested abandonment of the easement will allow the expansion of the field house facilities. Construction was begun when it was determined that the building would be over a water line in the easement. Mr. Richardson recommended approval subject to the following condition:  A new water line easement will need to be dedicated and the existing 8" water main will need to be relocated at BISD=s expense. Chairman Nejad opened the public hearing and asked for the applicant=s comments. Don King with Fittz & Shipman, Inc. 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 Bodwin made a motion to approve a request to abandon 151' of an existing waterline easement within the BISD Westbrook School campus at 8750 Phelan as requested in File 795-OB, subject to the following condition:  A new water line easement will need to be dedicated and the existing 8" water main will need to be relocated at BISD=s expense. Commissioner Little seconded the motion. Motion to approve carried 8:0. JOINT PUBLIC HEARINGS Mayor Ames called the Joint Public Hearings of January 23, 2012 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. 3) File 2118-Z: Request for a zone change from RS (Residential Single Family Dwelling) District to GC-MD (General Commercial-Multiple Family Dwelling) District or more restrictive district. 3 Planning Commission January 23, 2012 Location: 3120 Shannon Applicant: Patricia Lanier Mr. Richardson presented the staff report. Patricia Lanier states that the purpose of the zone change is to correct a zoning discrepancy that has existed for many years. The building on the subject property and adjacent properties to the north was originally occupied by H & W Welding. Around 1980, it became the home of American Aluminum and was so until 2010. When recently preparing the building for a new tenant, it was discovered that the south part of the building was zoned RS. In order to make the zoning compliant with the commercial use of the building, Ms. Lanier is asking for the zone change. Mr. Richardson recommended approval of the request. Twenty-three notices were mailed to property owners within 200 feet. Three responses 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. Patricia Lanier 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 request for a zone change from RS (Residential Single Family Dwelling) District to GC-MD (General Commercial-Multiple Family Dwelling) District at 120 Shannon as requested in File 2118-Z. Commissioner Bodwin seconded the motion. Motion to approve carried 8:0. 2) File 2119-Z: Request for a zone change from RS (Residential Single Family Dwelling) District to GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District or more restrictive district. Location: 7825 and 7835 Highway 105 Applicant: Mike Aref 4 Planning Commission January 23, 2012 Mr. Richardson presented the staff report. Mike Aref, the property owner, states that he is requesting the rezoning so that he can build a 4,500 sq. ft. shopping center. This zone change request could be considered spot zoning. In considering spot zoning, several issues must be resolved to determine if the zone change is indeed a spot zoning situation. Those issues are as follows:  The law demands that the approved zoning plan be respected and not altered for the special benefit of the landowner when the change will cause substantial detriment to the surrounding land or serve no substantial public purpose. Would the zone change be in compliance with the adopted comprehensive plan? The subject property is totally surrounded by RS zoning. While a A grandfathered @ kennel is immediately to the east of the subject property, the other developed tracts in the immediate vicinity of the request are single family in nature. Across Hwy. 105, a proposed church recently received a specific use permit in an RS District. The Comprehensive Plan designates the area as a Neighborhood Growth Unit. As such, commercial uses are typically located at the intersections of major thoroughfares. The nearest commercial uses, other than the grandfathered kennel, are approximately 700' west of the subject property. Rezoning this property could cause substantial detriment to the surrounding residential uses. The rezoning may increase the value of the subject property at the expense of surrounding residential properties. The change would not be in conformance with the Comprehensive Plan in that it would permit a commercial strip approximately 2,100' to 4,700' from major intersections.  Will this change adversely impact the surrounding properties? The nature and degree of an adverse impact upon neighboring lands is important. Lots that are rezoned in a way that is substantially 5 Planning Commission January 23, 2012 inconsistent with the zoning of the surrounding areas, whether more or less restrictive, are likely to be invalid. Rezoning the subject property to GC-MD-2 would be inconsistent with the surrounding zoning.  Is the tract of land suitable or unsuitable for use as presently zoned? This is a factor. The size, shape and location of a tract of land or lot may render it unusable or even confiscatory as zoned. The land is suitable for single family residential uses. While some might argue that commercial uses are more appropriate along Hwy. 105, historically, this stretch of the highway has been developed with residential uses.  Does the proposed zone change bear a substantial relationship to the public health, safety, morals or general welfare or protect and preserve historical and cultural places and areas? The amendatory ordinance must bear a substantial relationship to the aforementioned considerations. The proposed change does not bear a substantial relationship to the public health, safety, morals or general welfare or protect and preserve historical and cultural places and areas. Mr. Richardson recommended denial based upon the fact that he believes that the request is spot zoning. Twenty-two notices were mailed to property owners within 200 feet. 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. James Hoskinson addressed the Commission on behalf of Mr. Aref. Chairman Nejad asked for comments in favor or in opposition. Susan Vardeman, 310 Pinehurst, Sour Lake, addressed the Commission in opposition to the request. 6 Planning Commission January 23, 2012 Rebuttal by Mr. Hoskinson. Chairman Nejad closed the public hearing. Commissioner Makin made a motion to deny a zone change from RS (Residential Single Family Dwelling) District to GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District at 7825 and 7835 Highway 105 as requested in File 2119-Z. Vice-Chairman Craig seconded the motion. Motion to deny carried 8:0. 3) File 2120-P: Request for a specific use permit to allow a church in a GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District. Location: 2750 E. Lucas Applicant: Pastor Harry Thomas for Greater Works of Faith Ministries Mr. Richardson presented the staff report. Pastor Harry Thomas, representing Greater Works of Faith Worship Center, states that the church will occupy a building formerly used as a reception hall. There are currently 27 members of the church. Services will be held on Wednesdays from 7 p.m. to 9 p.m. and on Sundays from 10:30 a.m. to 12 p.m. In addition, other normal church activities such as weddings, banquets, etc. will be held. The south 150' of the property is zoned GC-MD and the north 267' is zoned GC-MD-2. Since the use of the building is changing, GC-MD-2 zoning requires a specific use permit for the church. Mr. Richardson recommended approval subject to the following conditions:  The building will be required to meet the appropriate fire and building codes. (Since the building was constructed, the City has adopted new building and fire codes. Because the building is changing uses, it may need updating.)  The parking lot must be revised to provide adequate access for fire trucks. Twenty notices were mailed to property owners within 200 feet. No responses in favor or in opposition were returned. 7 Planning Commission January 23, 2012 Slides of the subject property were shown. Chairman Nejad opened the public hearing and asked for the applicant=s comments. Minister Jo Ellen Thomas addressed the Commission on behalf of Pastor Thomas. Chairman Nejad asked for comments in favor or in opposition. No comments were made. The public hearing was closed. Commissioner Bodwin made a motion to approve a specific use permit to allow a church in a GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District at 2750 E. Lucas as requested in File 2120-P, subject to the following conditions:  The building will be required to meet the appropriate fire and building codes. (Since the building was constructed, the City has adopted new building and fire codes. Because the building is changing uses, it may need updating.)  The parking lot must be revised to provide adequate access for fire trucks. Commissioner Mason seconded the motion. Motion to approve carried 8:0. 4) File 2122-P: Request for a specific use permit to allow a halfway house for offenders and others in a GC-MD (General Commercial-Multiple Family Dwelling) District. Location: 3305 Magnolia Applicant: A Chance for a New Beginning Mr. Richardson presented the staff report. Marcia Garner with A Chance For A New Beginning states that the facility will house up to 20 male clients and offer transitional to permanent housing with an average stay of 6 to 12 months. The shelter will provide shelter, food, clothing community service, religious study, counseling, meetings for 12 step programs and job training. Ms. Garner also states that the shelter will provide substance abuse and sex offender rehabilitation classes. The target market will be single parents, ex-offenders, low income persons, the homeless and the unemployed. 8 Planning Commission January 23, 2012 Mr. Richardson recommend denial based upon the fact that while the property is zoned GC-MD, the broader area surrounding the property is predominately single family residential. The proposed use would not only affect the property values but, more importantly, be a detriment to the safety of the neighborhood. While recognizing the need for such facilities, the protection of this predominately residential area must be first priority. In addition, the Fire Marshall recommends that further investigation be done on how the structure is going to be brought up to code. A change in occupancy requires that the structure meet current codes. Twenty-six notices were mailed to property owners within 200 feet. Five responses in opposition and none in favor were returned. Slides of the subject property were shown. Chairman Nejad opened the public hearing and asked for the applicant=s comments. Marcia Garner addressed the Commission and answered questions. Chairman Nejad asked for comments in favor or opposition. Zohreh Shahrodi, 1225 Wilchester Circle, addressed the Commission in favor of the request. Mr. Shahrodi owns the subject property. Sharon Patterson, 3200 Magnolia, addressed the Commission in favor of the request. Councilman Smith addressed the Commission in opposition to the request and also on behalf of Councilman Samuel, also in opposition to the request. Ronald L. Bishop, 5510 Catherine Lane, addressed the Commission in opposition to the request. Danielle Licatino, 3710 Magnolia, addressed the Commission in opposition to the request. Everette Alfred addressed the Commission in opposition to the request. 9 Planning Commission January 23, 2012 Vertie Limbrick, 1035 Prince, addressed the Commission in opposition to the request. Robert Reyna, Executive Director, Beaumont Housing Authority, addressed the Commission in opposition to the request. Shane Howard addressed the Commission in opposition to the request. Charles Landry addressed the Commission in opposition to the request. Willie Barnes addressed the Commission in opposition to the request. Kenneth Ward, 3249 Magnolia, addressed the Commission in opposition to the request. John Davis, James Jameson and Thomas Roberts addressed the Commission in opposition on behalf of General Assembly Church of Lord Jesus, located at 3296 Magnolia. Clarence Brown, 520 E. Elgie, addressed the Commission in opposition to the request. Reverend Gary Cantue, 4150 Crow Road, addressed the Commission in opposition to the request. Rebuttal by Ms. Garner. Comments by City Council followed. Chairman Nejad closed the public hearing. Commissioner Kyles made a motion to deny a specific use permit to allow a halfway house for offenders and others in a GC-MD (General Commercial-Multiple Family Dwelling) District at 3305 Magnolia as requested in File 2122-P. Commissioner Makin seconded the motion. Motion to deny carried 8:0. OTHER BUSINESS THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED AT 4:41 P. M. 10 Planning Commission January 23, 2012 11