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HomeMy WebLinkAbout5-21-12 PC Minutes M I N U T E S REGULAR MEETING JOINT PUBLIC HEARINGS PLANNING COMMISSION CITY COUNCIL City Council Chambers May 21, 2012 A Regular Meeting and Joint Public Hearings were held on May 21, 2012 with the following members present: Commission members present: Chairman Sina Nejad Commissioner Lynda Kay Makin Commissioner Glenn Bodwin Commissioner Walter Kyles Commissioner Lauren Williams Mason Commissioner Eddie Senigaur Commissioner Bill Little Commission members absent: Vice Chairman Marty Craig Commissioner Patrick Gibbs Commissioner Steven Johnson Commissioner Clint Walters Commissioner Frank Messina Councilmembers present: Mayor Becky Ames Councilmember-at-Large Gethrel Williams-Wright Councilman Mike Getz Councilman Audwin Samuel Councilmembers absent: Mayor Pro-Tem Jamie D. Smith Councilman-at-Large W. L. Pate Councilmember Alan Coleman Also present: Steve Richardson, Planning Manager; Jill Cole, Recording Secretary; Adina Ward, Planner; Tyrone Cooper, City Attorney; Patrick Donart, Public Works Director; Chris Boone, Community Development Director APPROVAL OF MINUTES Commissioner Bodwin made a motion to approve the minutes of the Regular Meeting and Joint Public Hearings held April 16, 2012. Commissioner Senigaur seconded the motion. Motion to approve carried 7:0. Planning Commission May 21, 2012 REGULAR MEETING 1) Replat - Lots 1-3, Hill Addition: Request for a replat of Lot 2, McDougald Addition into Lots 1-3, Hill Addition. Location: 8680, 8690 and 8710 Baker Road Applicant: Faust Engineering and Surveying, Inc. Mr. Richardson presented the staff report. Faust Engineering and Surveying, representing the property owner states that the purpose of the replat is to create additional lots for residential use. A residential building permit has been issued for what will be Lot 3. Mr. Richardson recommend approval of the replat. One notice was sent to property owners within 200 feet and within the same subdivision. No responses in favor or in opposition were returned. 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 replat of Lot 2, McDougald Addition into Lots 1-3, Hill Addition at 8680, 8690 and 8710 Baker Road as requested. Commissioner Senigaur seconded the motion. Motion to approve carried 7:0. 2) File 796-OB: Request for the closure of Gilbert Street from Main Street to Trinity Street. Applicant: City of Beaumont Public Works Department Mr. Richardson presented the staff report. In February, the Public Works Department made a request to abandon this same portion of Gilbert Street. That item was later removed from the agenda. After further consideration, Public Works has made a request to close, instead of abandon, Gilbert Street. This request is part of an effort to create a quiet zone along the KCS Railroad. Water Utilities states that it has utilities in the right-of-way so it wants to make sure an easement is retained. 2 Planning Commission May 21, 2012 Mr. Richardson recommended approval subject to the following three conditions:  A water line easement shall be retained.  No structures or appurtenances shall be placed within the easement.  Water Utilities will not be responsible for any surface restoration when water and/or sanitary sewer main repairs are necessary. Eleven notices were mailed to property owners within 200 feet. No responses in favor or in opposition were received. Chairman Nejad opened the public hearing and asked for the applicant=s comments. Patrick Donart, Public Works Director, addressed the Commission. Chairman Nejad asked for comments in favor or in opposition. Commissioner Makin made a motion to approve the closure of Gilbert Street from Main Street to Trinity Street as requested in File 796-OB subject to the following three conditions:  A water line easement shall be retained.  No structures or appurtenances shall be placed within the easement.  Water Utilities will not be responsible for any surface restoration when water and/or sanitary sewer main repairs are necessary. Commissioner Little seconded the motion. Motion to approve carried 7:0. 3) File 806-OB: Request for the closure of Pearl Street at the intersection of the KCS Railroad right-of-way. Applicant: City of Beaumont Public Works Department Mr. Richardson presented the staff report. The Public Works Department has made a request to close this intersection in an effort to create a quiet zone. With residential and two churches nearby, a quiet zone would greatly benefit the area. Water Utilities has water and sewer lines running through the intersection so it wants to guarantee that a utility easement is retained. 3 Planning Commission May 21, 2012 Mr. Richardson recommended approval subject to the following conditions:  Retain a water and sanitary sewer line easement.  No structures or appurtenances shall be placed within the easement.  Water Utilities shall not be responsible for any surface restoration when water and/or sanitary sewer main. Ten 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. Patrick Donart, Public Works Director, addressed the Commission. Chairman Nejad asked for comments in favor or in opposition. Wayne Jeffcoat, Assistant Police Chief, addressed the Commission in favor of the closing. Chairman Nejad closed the public hearing. Commissioner Bodwin made a motion to approve the closure of Pearl Street at the intersection of the KCS Railroad right-of-way as requested in File 806-OB subject to the following conditions:  Retain a water and sanitary sewer line easement.  No structures or appurtenances shall be placed within the easement.  Water Utilities shall not be responsible for any surface restoration when water and/or sanitary sewer main. Commissioner Makin seconded the motion. Motion to approve carried 7:0. JOINT PUBLIC HEARINGS Mayor Ames called the Joint Public Hearings of May 21, 2012 to order and explained the purpose of the joint hearing process and then turned the meeting 4 Planning Commission May 21, 2012 over to Chairman Nejad. Chairman Nejad explained the policies and procedures for the hearing process. 4) File 2130-Z: Consider a request for a zone change from GC-MD (General Commercial-Multiple Family Dwelling) District to RS (Residential Single Family Dwelling) District and from GC-MD (General Commercial-Multiple Family Dwelling) District to LI (Light Industrial) District or more restrictive district. Location: From GC-MD to RS - even numbered addresses from 720-798 San Jacinto Street th From GC-MD to LI - odd numbered addresses from 605-803 S. 4 Street; even numbered addresses from 810-830 San Jacinto Street Applicant: City of Beaumont Planning Division Mr. Richardson presented the staff report. This item is a request for a zone change from GC-MD to RS and GC-MD to LI. The properties are th located in the 600 - 800 Blocks of S. 4 St. and the 700 - 800 Blocks of San Jacinto Street. At the April meeting of the Planning Commission, Philip Spence requested th a zone change from GC-MD to LI for the property at 803 S. 4. He wanted to use the building for a machine shop which required the zone change. Mr. Richardson stated that he recommended denial because of the spot zoning issue. The item was tabled to enable staff to conduct a zoning study of the area. Staff looked at the area surrounded by Fannin to the north, San Jacinto to the east Central Park to the west and Franklin to the south. Based upon that study, staff recommends that the following addresses be rezoned to LI: th Odd numbered addresses from 605-803 S. 4 and the even numbered addresses from 810-830 San Jacinto. The majority of these properties are light industrial in nature. The rezoning of these properties leaves a small pocket of five homes in the 700 Block of San Jacinto still zoned GC-MD, thus creating a spot zoning situation. Therefore, Mr. Richardson recommended that the even numbered addresses from 720-798 San Jacinto be rezoned to RS District. Sixty-two notices were mailed to property owners both on the subject property and within 200 feet. No responses in favor or in opposition were 5 Planning Commission May 21, 2012 returned. Chairman Nejad 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 zone change from GC-MD (General Commercial-Multiple Family Dwelling) District to RS (Residential Single Family Dwelling) District and from GC-MD District to LI (Light Industrial) District for the even number addresses from 720-798 San Jacinto Street from GC-MD to RS and odd numbered addresses from th 605-803 S. 4 Street from GC-MD to LI; even numbered addresses from 810-830 San Jacinto Street from GC-MD to LI as requested in File 2130-Z. Commissioner Kyles seconded the motion. Motion to approve carried 7:0. 5) File 2132-P: Consider a request for a specific use permit to allow a church and family life center in a PUD (Planned Unit Development). Location: 7925 N. Major Drive Applicant: Maxson Memorial Church of God in Christ (Chairman Nejad recused himself from File 2132-P.) Mr. Richardson presented the staff report. Pastor Gary Cantu, representing Maxson Memorial Church of God in Christ, states that the church has plans to construct a 16,000 sq. ft. facility and related parking in Phase I. The Family Life Center will provide seating for a maximum of 200 persons for worship services. In a typical week, three church services will be held along with other typical church activities. Mr. Richardson recommended approval subject to the following conditions:  TxDOT must approve the driveway access on Major Drive  The parking lots must meet the landscaping requirements.  A sidewalk will be required along Major Drive. Fifty-five notices were mailed to property owners within 200 feet. Thirteen responses in favor and none in favor were returned. Commissioner Makin opened the public hearing and asked for the applicant=s comments. 6 Planning Commission May 21, 2012 Gary Cantu, Pastor of Maxson Memorial Church, addressed the Commission. Commissioner Makin asked for comments in favor or in opposition. No comments were made. Commissioner Makin closed the public hearing. Commissioner Senigaur made a motion to approve a specific use permit to allow a church and family life center in a PUD (Planned Unit Development) District at 7925 N. Major Drive as requested in File 2132-P subject to the following conditions:  TxDOT must approve the driveway access on Major Drive.  The parking lots must meet the landscaping requirements except for the perimeter landscaping along the Walker Road frontage.  A sidewalk will be required along Major Drive. Commissioner Kyles seconded the motion. Motion to approve carried 6:0:1 (Nejad). OTHER BUSINESS THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED AT 3:44 P. M. 7