Loading...
HomeMy WebLinkAbout6-18-12 PC Minutes M I N U T E S REGULAR MEETING JOINT PUBLIC HEARINGS PLANNING COMMISSION CITY COUNCIL City Council Chambers June 18, 2012 A Regular Meeting and Joint Public Hearings were held on June 18, 2012 with the following members present: Commission members present: Chairman Sina Nejad Vice Chairman Marty Craig Commissioner Glenn Bodwin Commissioner Walter Kyles Commissioner Lauren Williams Mason Commissioner Bill Little Commissioner Ransom Jones Commission members absent: Commissioner Lynda Kay Makin Commissioner Eddie Senigaur Commissioner Steven Johnson Commissioner Clint Walters Commissioner Frank Messina Councilmembers present: Mayor Becky Ames Mayor Pro-Tem Jamie D. Smith Councilmember-at-Large Gethrel Williams-Wright Councilman-at-Large W. L. Pate Councilman Mike Getz Councilman Audwin Samuel 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 APPROVAL OF MINUTES Commissioner Kyles made a motion to approve the minutes of the Regular Meeting and Joint Public Hearings held May 21, 2012. Commissioner Craig seconded the motion. Motion to approve carried 6:0. Planning Commission June 18, 2012 REGULAR MEETING Chairman Nejad welcomed Commissioner Ransom A Duce @ Jones to the Commission. 1) Replat - Lots 9C and 9D, Block 21, McFaddin Second Addition: Request for a replat of Lot 9B, Block 21, McFaddin Second Addition into Lots 9C and 9D, Block 21, McFaddin Second Addition. Location: 1775 North Street and 665 First Street Applicant: Rocky Schlett Mr. Richardson presented the staff report. Jeremy Mitchell, representing the property owner, states that the original Lot 9 had three houses on it. In 2011, it was replatted into Lots 9A and 9B. The property owner now wishes to subdivide Lot 9B into two lots. On June 7, 2012, the Board of Adjustment granted a number of variances to various lot dimensions that did not meet the requirements of the Zoning Ordinance. Mr. Richardson recommended approval of the Replat. Sixteen notices were mailed to property owners within 200 feet and within the same subdivision. No responses in favor or in opposition were received. Chairman Nejad opened the public hearing and asked for the applicant=s comments. Jeremy Mitchell with Faust Engineering, 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 Craig made a motion to approve a Replat of Lot 9B, Block 21, McFaddin Second Addition into Lots 9C and 9D, Block 21, McFaddin Second Addition at 1775 North Street and 665 First Street as requested. Commissioner Kyles seconded the motion. Motion to approve carried 7:0. 2) Preliminary Plat - Briarbend Subdivision: Consider the Preliminary Plat of Briarbend Subdivision, Lots 1 and 2; 8.583 acres out of the T. Spear 2 Planning Commission June 18, 2012 League, A-50. Applicant: Fittz & Shipman, Inc. Mr. Richardson presented the staff report. The subject property is located north of Sienna Trails Subdivision. Daniel Dotson, representing Muse Limited, states that the subdivision will be developed with patio style homes for rental. This property is part of an overall development that includes single family homes, apartments and senior housing. This property will be considered for a rezoning to RM-M. Mr. Richardson recommended approval subject to approval of the zone change as well as the following conditions: 1. Preliminary plat approval will be conditioned upon the approval of the zone change from RS to RM-M. 2. Sidewalks will be required. If not installed immediately, an alternative financial agreement with the City will be entered into. 3. Provide sanitary sewer service to four of the houses on South Briarbend Loop. 4. Change the 4" water main in the cul-de-sac to a 6" water main. 5. The two easements from Briarbend Loop to the north have never been dedicated to the City of Beaumont. One of them will need to be a 20' exclusive sanitary sewer easement and for the second one Water Utilities will need an easement from Drainage District #6. 6. Correct the conflict of the sanitary sewer service with the light pole on the west side of Briarbend Loop. 7. Reexamine the addressing system. Chairman Nejad asked for the applicant=s comments. Daniel Dotson with Fittz & Shipman, Inc., addressed the Commission. Commissioner Craig made a motion to approve the Preliminary Plat of Briarbend Subdivision subject to approval of the zone change as well as the following conditions: 1. Preliminary plat approval will be conditioned upon the approval of the zone change from RS to RM-M. 2. Sidewalks will be required. If not installed immediately, an 3 Planning Commission June 18, 2012 alternative financial agreement with the City will be entered into. 3. Provide sanitary sewer service to four of the houses on South Briarbend Loop. 4. Change the 4" water main in the cul-de-sac to a 6" water main. 5. The two easements from Briarbend Loop to the north have never been dedicated to the City of Beaumont. One of them will need to be a 20' exclusive sanitary sewer easement and for the second one Water Utilities will need an easement from Drainage District #6. 6. Correct the conflict of the sanitary sewer service with the light pole on the west side of Briarbend Loop. 7. Reexamine the addressing system. Commissioner Mason seconded the motion. Motion to approve carried 7:0. 3) Preliminary Plat - West Chase Village, Section Eleven: Consider the Preliminary Plat of West Chase Village, Section Eleven, Lots 1-10, Block 8 and Lots 12-15, Block 9; 4.793 acres of land out of the H. Williams Survey, A-56. Applicant: Fittz & Shipman, Inc. Mr. Richardson presented the staff report. The subject property is located at 2610-2655 Weatherstone Circle and 7765-7795 Devonshire. Don King, representing the developer, states that this 4.793 acre subdivision will include 14 single family lots. Mr. Richardson recommended approval subject to the following conditions: 4. Sidewalks will be required. If not installed immediately, an alternative financial agreement with the City will be entered into. 5. Designate on the plat how the water main will be looped. 6. Show required fire hydrants. Chairman Nejad asked for the applicant=s comments. Ben Tristan with Fittz & Shipman, Inc., addressed the Commission. Commissioner Craig made a motion to approve the Preliminary Plat of West Chase Village, Section Eleven subject to the following conditions: 4 Planning Commission June 18, 2012 7. Sidewalks will be required. If not installed immediately, an alternative financial agreement with the City will be entered into. 8. Designate on the plat how the water main will be looped. 9. Show required fire hydrants. Commissioner Mason seconded the motion. Motion to approve carried 7:0. 4) File 727-OB: Request to abandon a 1.8' x 55.4' portion of a 20' wide utility easement. Location: 7310 Highway 105 Applicant: Linh Berryhill Mr. Richardson presented the staff report. In May, 2008, the Berryhills requested this abandonment. When they built their karate studio, the building was accidently built at an angle causing it to encroach 1.8' into the easement. At the time of the request, Entergy objected. Therefore, the Planning Commission tabled action. After much back and forth, Entergy no longer objects to the abandonment. Mr. Richardson recommended approval. Chairman Nejad asked for comments. No comments were made. Commissioner Mason made a motion to approve a request to abandon a 1.8' x 55.4' portion of a 20' wide utility easement at 7310 Highway 105 as requested in File 727-OB. Commissioner Craig seconded the motion. Motion to approve carried 7:0. 5) File 808-OB: Request to abandon a 202.04' by 10' section of Stagg Drive. Applicant: C. Scott Mann, Jr./Germer Gertz, L.L.P. for Baptist Hospitals of Southeast Texas Mr. Richardson presented the staff report. The subject property is on the th south side of Stagg, beginning 88 feet east of 11 Street. Scott Mann, representing Baptist Hospitals of Southeast Texas, states that this abandonment is needed to accommodate the development of the old Baptist Hospital site into a new HEB grocery store. In April, the Planning Commission approved the abandonment of another portion of Stagg. 5 Planning Commission June 18, 2012 Mr. Richardson recommended approval subject to the following condition: 1) HEB shall be responsible for the cost of relocating any utilities. One notice was mailed to adjacent property owners. No response was returned. Chairman Nejad opened the public hearing and asked for the applicant=s comments. John Rose with HEB Grocery Stores addressed the Commission. 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 a 202.04' by 10' section of Stagg Drive as requested in File 808-OB subject to the following condition: 1) HEB shall be responsible for the cost of relocating any utilities. Vice-Chairman Craig seconded the motion. Motion to approve carried 7:0. 6) File 809-OB: Request to abandon a 3' wide portion of an easement. Location: 6835 Lexington Applicant: Richard Riggs Mr. Richardson presented the staff report. This item is a request for the abandonment of the north 3' of a 20' wide utility easement across the south end of Lot 17, Bramblewood Addition. Richard Riggs, the property owner, states that the purpose of the abandonment is to allow the construction of an addition onto the rear of his house. This item was sent to all interested parties. No negative responses have been received. Mr. Richardson recommend approval of the request. 6 Planning Commission June 18, 2012 Chairman Nejad opened the public hearing and asked for the applicant=s comments. Richard Riggs addressed the Commission. Chairman Nejad asked for comments in favor or in opposition. No comments were made. The public hearing was closed. Commissioner Craig made a motion to approve a request to abandon a 3' wide portion of an easement at 6835 Lexington as requested in File 809-OB. Commissioner Mason seconded the motion. Motion to approve carried 7:0. JOINT PUBLIC HEARINGS Mayor Ames called the Joint Public Hearings of June 18, 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. 7) File 807-OB: Request for amendments to the Zoning Ordinance, Sec. 28.03.020 (f)(3)(B), Sec. 28.03.020 (f)(3)(D), Sec. 28.03.020 (f)(4)(A), Sec. 8.03.020 (f)(4)(C), Sec. 28.03.021 (f)(4)(B), Sec. 28.03.021 (f)(5)(A), Sec. 28.03.021 (f)(5)(B), Sec. 28.03.021 (f)(5)(C), Sec. 28.03.024 (b)(1) and Sec. 28.04.008 (b)(3). Applicant: City of Beaumont Planning Division Mr. Richardson presented the staff report. Staff has been reviewing the Ordinance for corrections and additions that need to be made. These changes include amending the sign regulations for the Urban Corridor and Major/Dowlen Sign Overlay Districts pertaining to the timing for the change of copy and allowing multiple colors on electronic reader board signs in those districts. When we made those same changes to the ordinance in the regular sign regulations in 2011, we failed to do the same for those two overlay districts. The other major change pertains to deleting pool pump and filter installations from the five foot setback from property lines. A number of variance requests have been coming before the Board of Adjustment to 7 Planning Commission June 18, 2012 waive that requirement. The Board feels that pool pump installations make less noise than air conditioners so they question the need for that setback requirement. There is no setback requirement for air conditioners. Also proposed is a small change to the Area and Height Regulations Table. That change involves putting an asterisk next to the side yard setback in the RCR-H District. The asterisk references the increase in the side yard setback from 5' to 7.5' for two story structures. Mr. Richardson recommended approval. 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 request for amendments to the Zoning Ordinance, Sec. 28.03.020 (f)(3)(B), Sec. 28.03.020 (f)(3)(D), Sec. 28.03.020 (f)(4)(A), Sec. 8.03.020 (f)(4)(C), Sec. 28.03.021 (f)(4)(B), Sec. 28.03.021 (f)(5)(A), Sec. 28.03.021 (f)(5)(B), Sec. 28.03.021 (f)(5)(C), Sec. 28.03.024 (b)(1) and Sec. 28.04.008 (b)(3) as requested in File 807-OB. Commissioner Kyles seconded the motion. Motion to approve carried 7:0. 8) File 55-HC: Request for an HC-L (Historic-Cultural Landmark Preservation) Designation. Location: 470 Jackson Applicant: Demetria Standberry Mr. Richardson presented the staff report. Demetria Standberry, representing her mother, has requested an HC-L designation for the family home. Ms. Standberry states that the house is over 100 years old. Ms. Standberry=s grandparents bought the house in 1966. The Standberrys ran a shoe repair shop and small seamstrees shop out of the house for years. While the house was damaged by Hurricane Rita, it has not had any significant changes to its design since it was originally built. The house is an excellent example of working class housing built during the early growth period of Beaumont. The Standberrys hope to apply for historic preservation loan funds for the restoration of the house. On June 11, the Historic Landmark Commission recommended approval of the HC-L Designation. 8 Planning Commission June 18, 2012 Mr. Richardson recommended approval of the request subject to the following condition: 1. If the house is ever demolished, the HC-L Designation will be removed by the City of Beaumont. Forty-four notices were mailed to property owners within 200 feet. Six 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. Demetria Standberry addressed the Commission. Chairman Nejad asked for comments in favor or in opposition. Evelyn and Joe Gonzales, 510 Jackson, addressed the Commission in favor of the request. Chairman Nejad closed the public hearing. Commissioner Craig made a motion to approve a request for an HC-L (Historic-Cultural Landmark Preservation) Designation for the house at 470 Jackson as requested in File 55-HC subject to the following condition: 1. If the house is ever demolished, the HC-L Designation will be removed by the City of Beaumont. Commissioner Bodwin seconded the motion. Motion to approve carried 7:0. 3. File 2133-P: Request for a specific use permit to allow an employment agency in an NC (Neighborhood Commercial) District. Location: 3390 Harrison Avenue Applicant: LC Personnel, Inc. Mr. Richardson presented the staff report. Grant Fowler, representing LC Personnel, Inc., states that the full-service temporary staffing company 9 Planning Commission June 18, 2012 provides employees for a variety of companies. The Beaumont branch office will be located in an existing building and will be operated by two full-time employees. Mr. Richardson recommended approval of the request. Six 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. Gerald Farha, owner of the subject property, addressed the Commission. Chairman Nejad asked for comments in favor or in opposition. No comments were made. The public hearing was closed. Commissioner Craig made a motion to approve a specific use permit to allow an employment agency in an NC (Neighborhood Commercial) District at 3390 Harrison Avenue as requested in File 2133-P. Commissioner Little seconded the motion. Motion to approve carried 7:0. 4. File 2134-P: Request for a specific use permit to allow the filling of oxygen tanks in a LI (Light Industrial) District. Location: 2155 Interstate 10 East Applicant: Coastal Welding Supply, Inc. Mr. Richardson presented the staff report. J.C. Mazoch, representing Coastal Welding Supply, Inc., states that they are moving its administrative offices, some of its welding supply inventory and its inert gas and oxygen tank filling to the IH-10 facility. The company will be moving into an existing building on the subject property. Mr. Richardson recommended approval of the request. Six 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 10 Planning Commission June 18, 2012 comments. Chuck Mazoch with Coastal Welding, Inc. addressed the Commission. Chairman Nejad asked for comments in favor or in opposition. No comments were made. The public hearing was closed. Commissioner Craig made a motion to approve a specific use permit to allow the filling of oxygen tanks in a LI (Light Industrial) District at 2155 Interstate 10 East as requested in File 2134-P. Commissioner Mason seconded the motion. Motion to approve carried 7:0. 5. File 2135-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: 2020 East Lucas Applicant: June Thibodeaux Mr. Richardson presented the staff report. June Thibodeaux, the property owner, owns a tax preparation business on the front half of her property at this address. On the north 135' of the property, she would like to move an accessory building to be used for additional office space and storage. To be able to move the accessory building onto the property, the building must have a State seal, be made ADA accessible, have an ADA restroom and must meet the wind load requirements. Ms. Thibodeaux=s property backs up to a creek and a large, wooded, undeveloped area zoned RM-H. This area is unlikely to develop for many years to come, if ever. Mr. Richardson stated that rezoning to GC-MD would be unlikely be detrimental to any surrounding properties. Eighteen 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. Andrew Batiste, 1920 E. Lucas, addressed the Commission in opposition 11 Planning Commission June 18, 2012 to the request. Chairman Nejad closed the public hearing. Commissioner Craig 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 2020 East Lucas as requested in File 2135-Z. Commissioner Mason seconded the motion. Motion to approve carried 7:0. 6. File 2136-Z: Request for a zone change from RS (Residential Single Family Dwelling) District to RM-M (Residential Multiple Family Dwelling-Medium Density) District or more restrictive district. Location: North of Sienna Trails Subdivision Applicant: Fittz & Shipman, Inc. Mr. Richardson presented the staff report. Daniel Dotson, representing Muse Limited, states that the property will be developed with patio homes. In 2010, there was a concern over what an increase in density might have on traffic flow on Concord. However, work on this section of Concord should begin before the end of 2012. The City of Beaumont Transportation Division does not feel that this rezoning will adversely affect Concord. Mr. Richardson recommended approval of the zone change. Twenty-two notices were mailed the 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. Daniel Dotson with Fittz & Shipman, 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 zone change from RS (Residential Single Family Dwelling) District to RM-M (Residential Multiple Family Dwelling-Medium Density) District on property located north of Sienna Trails Subdivision as requested in File 2136-Z. 12 Planning Commission June 18, 2012 Commissioner Craig seconded the motion. Motion to approve carried 7:0. OTHER BUSINESS THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED. 13