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HomeMy WebLinkAbout2-20-12 PC Minutes M I N U T E S REGULAR MEETING JOINT PUBLIC HEARINGS PLANNING COMMISSION CITY COUNCIL City Council Chambers February 20, 2012 A Regular Meeting and Joint Public Hearings were held on February 20, 2012 with the following members present: Commission members present: Chairman Sina Nejad Commissioner Walter Kyles Commissioner Lauren Williams Mason Commissioner Clint Walters Commissioner Bill Little Commission members absent: Vice Chairman Marty Craig Commissioner Lynda Kay Makin Commissioner Patrick Gibbs Commissioner Glenn Bodwin Commissioner Steven Johnson Commissioner Eddie Senigaur Commissioner Frank Messina Councilmembers present: Mayor Becky Ames Councilman-at-Large W. L. Pate Councilmember-at-Large Gethrel Williams-Wright Councilman Mike Getz Councilman Audwin Samuel Councilmembers absent: Mayor Pro-Tem Jamie D. Smith Councilmember Alan Coleman Also present: Steve Richardson, Planning Manager; Jill Cole, Recording Secretary; Adina Ward, Planner; Tyrone Cooper, City Attorney; Chris Boone, Community Development Director; Patrick Donart, Public Works Director; Kyle Hayes, City Manager APPROVAL OF MINUTES Commissioner Kyles made a motion to approve the minutes of the Regular Meeting and Joint Public Hearings held January 23, 2012. Commissioner Mason seconded the motion. Motion to approve carried 5:0. REGULAR MEETING Planning Commission February 20, 2012 1) Replat - Lots 1 & 2, Block E, Amelia Heights Addition: Consider the replat of a 6.0925 acre tract out of and part of Block E, Amelia Heights Addition into Lots 1 & 2, Block E, Amelia Heights Addition. Location: 7820 and 7880 Washington Boulevard Applicant: Mark W. Whiteley & Associates, Inc. Mr. Richardson presented the staff report. The property is being divided into Lot 1 which is 3.9645 acres and Lot 2 which is 2.128 acres. The property is zoned RS District. The two properties will be used for single family dwelling building sites. Mr. Richardson recommended approval. Fourteen notices were mailed to property owners within 200 feet. No responses in favor or in opposition were returned. Chairman Nejad opened the public hearing and asked for the applicant=s comments. Tom Rowe, with Mark Whiteley & Associates, 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 the replat of a 6.0925 acre tract out of and part of Block E, Amelia Heights Addition into Lots 1 & 2, Block E, Amelia Heights Addition at 7820 and 7880 Washington Boulevard. Commissioner Kyles seconded the motion. Motion to approve carried 5:0. 2) Replat - Lots 2A & 2B, Ledet Addition: Consider the replat of Lot 2, Ledet Addition and Lots 2 & 3, Block 3, Woodland Oaks Addition, Section One into Lots 2A and 2B, Ledet Addition. Location: 7335 and 7355 Oaks Lane Applicant: Faust Engineering and Surveying, Inc. Mr. Richardson presented the staff report. The purpose of this replat is to combine Lots 2 and 3 of Woodland Oaks with a portion of Lot 2, Ledet Addition to create Lots 2A and 2B. Both lots will have access on Oaks 2 Planning Commission February 20, 2012 Lane. Mr. Richardson recommended approval. Forty-three notices were mailed to property owners within 200 feet. No responses in favor or in opposition were returned. 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 Kyles made a motion to approve the replat of Lot 2, Ledet Addition and Lots 2 & 3, Block 3, Woodland Oaks Addition, Section One into Lots 2A and 2B, Ledet Addition at 7335 and 7355 Oaks Lane as requested. Commissioner Little seconded the motion. Motion to approve carried 5:0. 3) Preliminary Plat - LaBelle Park: Consider the Preliminary Plat of LaBelle Park, Blocks 1-4. Location: 5320-5385 Rexora Drive and 5425-5470 Rexora Drive Applicant: Schaumburg & Polk, Inc. Mr. Richardson presented the staff report. Phase One will consist of Lots 1-4, Block 1 and Lots 1-3, Block 4. All lots in the commercial subdivision will front on Rexora Drive. There will be no access from the I-10 service road. The developer is asking for a waiver of the sidewalks along the I-10 service road. Since all the lots front on Rexora, he feels that there is no need for sidewalks on the service road. Mr. Richardson recommended approval subject to the following condition:  Sidewalks will be provided along Rexora Drive, Phelps Boulevard and IH-10 service road. Chairman Nejad asked for the applicant=s comments. 3 Planning Commission February 20, 2012 Troy Whitehead with Schaumburg and Polk, Inc. addressed the Commission. Commissioner Little made a motion to approve the Preliminary Plat of LaBelle Park, Blocks 1-4 at 5320-5385 Rexora Drive and 5425-5470 Rexora Drive as requested subject to the following condition:  Sidewalks will be provided along Rexora Drive, Phelps Boulevard and IH-10 service road. Commissioner Kyles seconded the motion. Motion to approve carried 5:0. 4) File 796-OB: Request to abandon Gilbert Street from Main Street to Trinity Street. Location: Between Main Street and Trinity Street Applicant: City of Beaumont Public Works File 796-OB was removed from the agenda. 5) File 797-OB: Request to close a portion of right-of-way on Trinity Street next to Beaumont Fire Station #1, Ebenezer Baptist Church and Eastham Forge, Inc. Location: Intersection of Trinity Street and railroad tracks Applicant: City of Beaumont Public Works Mr. Richardson presented the staff report. The City of Beaumont Public Works Department would like to close this portion of Trinity as part of an effort to create a quiet zone so that trains do not have to blow their horns at the intersections in the area. Where Neches and Pearl cross the tracks, actual quiet zones will be created by installing the property signalization. Nearby are the Cathedral Square residential development, Ebenezer Baptist Church and St. Anthony Basilica. These properties will greatly benefit by the quiet zone. Entergy states that it has an electric distribution line in the right-of-way. As long as the current easement stays in place, Entergy has no objection to the closure. Nine notices were mailed to property owners within 200 feet. Four notices in opposition and none in favor were returned. Chairman Nejad opened the public hearing and asked for comments. 4 Planning Commission February 20, 2012 Patrick Donart, Public Works Director, addressed the Commission. Chairman Nejad asked for comments in favor or in opposition. Rick Clark, 501 Trinity, addressed the Commission in favor of the request. Robert Karen Chapman, 701 Trinity, #440, addressed the Commission in favor of the request. George Crawford, 701 Trinity, #410, addressed the Commission in favor of the request. Terry Taylor, Church Administrator for Ebenezer Baptist Church, addressed the Commission in favor of the request. Milt Prewitt addressed the Commission in opposition on behalf of Eastham Forge. Rebuttal by Patrick Donart. Councilman Samuel addressed the Commission in favor of the quiet zone. Chairman Nejad closed the public hearing. Commissioner Little made a motion to approve a request to close a portion of right-of-way on Trinity Street next to Beaumont Fire Station #1, Ebenezer Baptist Church and Eastham Forge, Inc. at the intersection of Trinity Street and railroad tracks as requested in File 797-OB. Commissioner Mason seconded the motion. Motion to approve carried 5:0. JOINT PUBLIC HEARINGS Mayor Ames called the Joint Public Hearings of February 20, 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. 5 Planning Commission February 20, 2012 6) File 2123-Z: Request for a zone change from RS (Residential Single Family Dwelling) District to LI (Light Industrial) District or more restrictive district. Location: 5802 Washington Applicant: Wright=s Scrap Metal, Inc. Mr. Richardson presented the staff report. Wright=s Scrap Metal has owned the property for many years. The business extends to the south and west of the subject property. Mr. Wright states that he wants to build a wash rack on the property. Mr. Richardson recommended approval. Eleven 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. 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 a request for a zone change from RS (Residential Single Family Dwelling) District to LI (Light Industrial) District at 5802 Washington as requested in File 2123-Z. Commissioner Kyles seconded the motion. Motion to approve carried 5:0. 2) File 2124-P: Request for a specific use permit to allow a washateria in a GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District Location: 1067 Colorado Applicant: Bhupesh Patel Mr. Richardson presented the staff report. In September, 2009, City Council approved a specific use permit for a washateria on the property. However, the washateria was not built and the specific use permit expired. The current request is for a 3,600 sq. ft. building with 11 parking spaces. 6 Planning Commission February 20, 2012 The hours of operation will be from 7 a.m. to 12 p.m. Mr. Patel states that the washateria will serve the university community. Mr. Patel is requesting a waiver of the sidewalk requirement because it would be the only sidewalk in the area. Mr. Richardson recommended approval subject to the following conditions:  A five foot wide sidewalk will be required along Colorado.  A six foot wide landscape strip is required along the Colorado frontage.  Address the A outlaw @ sanitary sewer service line to the satisfaction of the Water Utilities Department. Twenty-seven 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. Mr. Patel addressed the Commission. Chairman Nejad asked for comments in favor or in opposition. No comments were made. The public hearing was closed. Commissioner Kyles made a motion to approve a specific use permit to allow a washateria in a GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District at 1067 Colorado as requested in File 2124-P subject to the following conditions:  A five foot wide sidewalk will be required along Colorado.  A six foot wide landscape strip is required along the Colorado frontage.  Address the A outlaw @ sanitary sewer service line to the satisfaction of the Water Utilities Department. Commissioner Little seconded the motion. Motion to approve carried 5:0. 7 Planning Commission February 20, 2012 3) File 2125-Z: Request for a zone change from RM-H (Residential Multiple Family Dwelling-Highest Density) District to GC-MD (General Commercial-Multiple Family Dwelling) District or more restrictive district. Location: 3578-3590 St. James Applicant: Pastor R. N. Robertson for Greater Grace Temple Mr. Richardson presented the staff report. Pastor Robinson with Greater Grace Temple states that the purpose of the rezoning is to enable them to build a new church. The church owns the rest of the block and all but the subject property is zoned GC-MD (General Commercial-Multiple Family Dwelling) District. Mr. Richardson recommended approval of the request. Twenty-seven notices were 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. Pastor Robinson addressed the Commission. Chairman Nejad asked for comments in favor or in opposition. No comments were made. The public hearing was closed. Commissioner Kyles made a motion to approve a zone change from RM-H (Residential Multiple Family Dwelling-Highest Density) District to GC-MD (General Commercial-Multiple Family Dwelling) District at 3578-3590 St. James as requested in File 2125-Z. Commissioner Walters seconded the motion. Motion to approve carried 5:0. 4) File 2126-P: Request for a specific use permit to allow business offices in an RCR-H (Residential Conservation and Revitalization-H) District. Location: 2453 Broadway Applicant: Raymond J. Begnaud for Deli Management, Inc. Mr. Richardson presented the staff report. Raymond Begnaud, 8 Planning Commission February 20, 2012 representing Deli Management, Inc., states that they purchased the subject property and would like to expand the offices for Jason=s Deli to this building. The office facility will consist of the 1,779 sq. ft. structure and seven parking spaces at the rear of the structure. In 2010, Deli Management received a specific use permit to allow business offices at several properties in the 2400 block of Broadway. That specific use permit was approved subject to the following conditions:  All parking lots must comply with City Standards  No parking shall be permitted in the front yard of any of the properties.  All metal portable buildings shall be completely screened from any street. At the time of this current application, the conditions from the prior specific use permit had not been complied with. Mr. Richardson recommended that the specific use permit approval be subject to the following condition:  No additional permits or release of utilities shall be granted until the conditions of the prior specific use permit have been complied with and with a modification to the landscaping/screening requirements along the east, west and south property lines. 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. Raymond Begnaud with Deli Management, Inc., addressed the Commission and answered questions. Chairman Nejad asked for comments in favor or opposition. No comments were made. The public hearing was closed. 9 Planning Commission February 20, 2012 Commissioner Mason made a motion to approve a specific use permit to allow business offices in an RCR-H (Residential Conservation and Revitalization-H) District at 2453 Broadway as requested in File 2126-P subject to the following condition:  No additional permits or release of utilities shall be granted until the conditions of the prior specific use permit have been complied with and with a modification to the landscaping/screening requirements along the east, west and south property lines. Commissioner Kyles seconded the motion. Motion to approve carried 5:0. 5) File 798-OB: Request for a policy creating guidelines for acceptance of private streets for maintenance by the City of Beaumont. Applicant: City of Beaumont Planning Division Mr. Boone presented the staff report. Sometimes subdivisions are built with private infrastructure. From time to time, cities are approached and asked to take over the maintenance of these neighborhoods= infrastructure. The concern for the City is the condition of infrastructure, as the costs for future maintenance and repairs will then be borne by the taxpayers. In order to provide a fair method to evaluate whether or not a private drive subdivision should be accepted by the City as public, staff is proposing the attached guidelines. The process includes an application fee, an engineering survey and costs for a plan to make any necessary improvements to bring the infrastructure up to City code. Following this, the Planning Commission would consider the plan for infrastructure improvements and make a recommendation to City Council. If the plan is approved by the Council, any necessary improvements would be made by the property owners and then considered for acceptance by the Council. The subdivision would then be re-platted to reflect that the infrastructure was then public. Chairman Nejad opened the public hearing and asked for comments in favor or in opposition. No comments were made. The public hearing was closed. Commissioner Kyles made a motion to approve adoption of guidelines for acceptance of private streets for maintenance by the City of Beaumont as requested in File 798-OB. Commissioner Little seconded the motion. 10 Planning Commission February 20, 2012 Motion to approve carried 5:0. OTHER BUSINESS THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED. What is the condition of the infrastructure at the time of the request What upgrades need to be made What is the cost to the tax payers We=re proposing these guidelines with a process. The process is that the homeowners association would approach the city, pay an application fee and then the city would work with their engineers at their expense in order to assess the quality the condition of the infrastructure is at the time and to determine what improvements, if any, would be necessary. If at that time they decided to go forward, it would go to the Public Works Director and the Director would sign off on that estimate and present to the city. First it would go before the Planning Commission for acceptance of that plan, then Council for acceptance. Then the homeowners association would go about any necessary improvements within 6 months and any of the necessary improvements would need to be done within 18 months of City Council approval. Following that, once the city engineers are comfortable with any needed improvements that have been made, that acceptance would then be submitted back to the City Council and at that time, Council would then accept the improvements. Following all that, the association would come back to the Planning Commission and amend the original plat so that it would reflect the improvements of the infrastructure would be public and not private and at that point the maintenance would be at the expense of the city. 11