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HomeMy WebLinkAbout8-20-12 PC MinutesMINUTES REGULAR MEETING JOINT PUBLIC HEARINGS PLANNING COMMISSION CITY COUNCIL City Council Chambers August 20, 2012 A Regular Meeting and Joint Public Hearings were held on August 20, 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 Ransom Jones Commissioner Steven Johnson Commissioner Eddie Senigaur Commissioner Frank Messina Councilmembers present: Mayor Becky Ames Mayor Pro-Tem Alan Coleman Councilman -at -Large W. L. Pate Councilmember-at-Large Gethrel Williams -Wright Councilman Mike Getz Councilman Jamie D. Smith Councilmembers absent: 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 Bodwin made a motion to approve the minutes of the Regular Meeting and Joint Public Hearings held July 16, 2012. Vice -Chairman Craig seconded the motion. Motion to approve carried 8:0. Planning Commission August 20, 2012 REGULAR MEETING 1) Replat - Tracts IA and 113, Williamson Acres: Consider the Replat of Tract 1, Williamson Acres into Tracts IA and 113, Williamson Acres. Location: 8755 Old Voth Road Applicant: Fittz & Shipman, Inc. Mr. Richardson presented the staff report. Tract IA will be 16.81 acres and Tract 1B will be 8 acres. Mr. Richardson recommended approval subject to putting the addresses on the replat. Four notices were mailed 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 comments. No comments were made. The public hearing was closed. Vice -Chairman Craig made a motion to approve the Replat of Tract 1, Williamson Acres into Tracts IA and 1B, Williamson Acres at 8755 Old Voth Road as requested subject to putting the addresses on the replat. Commissioner Makin seconded the motion. Motion to approve carried 8:0. 2) Replat - Lots 21-25, Block 223A, Glenwood Addition: Consider the Replat of Lot A, Block 223A, Glenwood Addition into Lots 21-25, Block 223A, Glenwood Addition. Location: 4410, 4432, 4436, 4444 and 4456 Galveston Street Applicant: Faust Engineering & Surveying, Inc. Mr. Richardson presented the staff report. Habitat for Humanity has been deeded this property and would like to subdivide into 5 lots. The property is located on Galveston Street. Four of the lots will be used to construct houses and the fifth lot will be replatted into additional lots when adequate water and sewer is available. Mr. Richardson recommended approval. Sixty-one notices were mailed to property owners within 200 feet and the some subdivision. Two responses in favor and none in opposition were returned. Chairman Nej ad opened the public hearing and asked for the applicant's comments. Jeremy Mitchell with Faust Engineering addressed the Commission. Chairman Nej ad asked for comments in favor or in opposition. No comments were made. The public hearing was closed. Planning Commission Augusl20, 2012 Commissioner Makin made a motion to approve the Replat of Lot A, Block 223A, Glenwood Addition into Lots 21-25, Block 223A, Glenwood Addition at 4410, 4432, 4436, 4444 and 4456 Galveston Street as requested. Commissioner Kyles seconded the motion. Motion to approve carried 7:0:1 (Walters). 3) File 810-OB: Request for the abandonment of Avenue E between Gilbert and Milam Streets. Applicant: Robert Zingelmann for Beaumont Independent School District Mr. Richardson presented the staff report. BISD wants this right-of-way abandoned to provide safety for children at Fletcher Elementary when crossing to the playground. In addition, this is the only available property for the school to grow. The school is seriously overcrowded. When this item was tabled a couple of months ago, there were some concerns with City departments. However, those have been worked out. Mr. Richardson recommended approval subject to the following conditions: • BISD will pay to relocate any facilities in the right-of-way. BISD will provide locking mechanisms on gates across the abandoned right-of-way that arc acceptable to the fire department. • Proper signage, as approved by the Transportation Division, will be attached to the gates. One notice was sent to the adjacent property owner. Chairman Nejad opened the public hearing and asked for comments. Tom Neild, 1495 W. Lucas, addressed the Commission in favor of the abandonment. Chairman Nejad closed the public hearing. Commissioner Mason made a motion to approve the abandonment of Avenue E between Gilbert and Milam Streets as requested in File 810-OB subject to the following conditions: BISD will pay to relocate any facilities in the right-of-way. BISD will provide locking mechanisms on gates across the abandoned right-of-way that are acceptable to the fire department. 3 Planning Commission Augusl20, 2012 Proper signage, as approved by the Transportation Division, will be attached to the gates. Commissioner Bodwin seconded the motion. Motion to approve carried 8:0. 4) File 814-OB: Request to abandon a 60' x 124' portion of right-of-way east of the intersection of Ironton Avenue and Concord Road. Applicant: City of Beaumont Public Works File 814-OB was pulled from the agenda. 5) File 819-OB: Request to abandon a 40' x 140' portion of right-of-way at the corner of Harriot and Goliad Streets. Applicant: City of Beaumont Public Works Mr. Richardson presented the staff report. The City wishes to abandon this unused right-of-way and get it back on the tax rolls. Mr. Richardson recommended approval. One notice was sent to the adjacent property owner. No response was received. Chairman Nejad opened the public hearing and asked for comments. Vice -Chairman Craig made a motion to approve a request to abandon a 40' x 140' portion of right-of-way at the corner of Hai -riot and Goliad Streets as requested in File 819-OB. Commissioner Makin seconded the motion. Motion to approve carried 8:0. JOINT PUBLIC HEARINGS Mayor Ames called the Joint Public Hearings of August 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. 1) File 813-OB: Request for a street name change from Westfield Avenue to Claybourn Drive. Location: Between N. Major Drive and the east property line of Fairfield Addition, Ph. II. Applicant: City of Beaumont Planning Division Mr. Richardson presented the staff report. The City has applied for this name change for that portion of Westfield Avenue located in Fairfield Addition. It will eventually connect with Claybourn Drive which is located in Barrington Heights. 4 Planning Commission Augus(20, 2012 There are no properties addressed on Westfield. There are 32 properties addressed on Claybourn. For practical purposes, it snakes sense that a continuous street have one name. Mr. Richardson recommended that Westfield be changed to Claybourn. Fourteen notices were mailed to adjacent property owners. Four responses in favor and none in opposition were 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 request for a street name change from Westfield Avenue to Claybourn Drive located betweenN. Major Drive and the east property line of Fairfield Addition, Ph. II as requested in File 813-OB. Commissioner Makin seconded the motion. Motion to approve carried 8:0. 2) File 2139-Z: Request for a zone change from LI (Light Industrial) District to RS (Residential Single Family Dwelling) District. Location: North side of Baker Road, approximately 565' east of the intersection of Baker Road and Wescalder Road Applicant: Brian Allen, Sr. Mr. Richardson presented the staff report. The applicant, Brian Allen, states that the area is becoming more residential in nature and there is no need for the industrially zoned property. Mr. Richardson recommended approval of the request. Thirty-eight notices were mailed 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. Brian Allen, 2457 Wescalder, 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 tro1n LI District to RS District for the property located on the north side of Baker Road, approximately 565' east of the intersection of Baker Road and Wescalder Road as requested in File 2139-Z. Commissioner Mason seconded the motion. Motion to approve carried 8:0. Planning Commission August 20, 2012 3) File 2140-P: Request for a specific use permit to allow antique furniture restoration in an RCR-H (Residential Conservation and Revitalization-H) District. Location: 1801 North Street Applicant: Rodney Cooley Mr. Richardson presented the staff report. Rodney Cooley owns an antique store on Calder. He would like to use the subject property for rehabilitating, painting and working on the firrniture that he sells in his shop. In June, 2004, City Council approved a specific use permit to allow a re -upholstery shop at this address. That business has since closed. Mr. Cooley is requesting a modification to the land scaping/screening requirements along the north and west sides of the property. In 2004, a 6' tall wood screening fence stood along the west property line and a 4' tall wood screening fence along the north property line. At that time, City Council approved modifications to the landscaping/screening requirements. A recent inspection of the property showed that part of the 6' tall wood screening fence along the west property line is gone. In addition, a portion of the 4' tall wood screening fence along the north property line is missing. Mr. Richardson recommended approval subject to the following condition: Replace the 6' tall wood screening fence missing along the west property line and install a 4' tall wood screening fence or a 6' wide landscape bed along the west 26' of the north property line and with a modification of the landscaping requirement along the west property line (no 10' wide landscape strip). Twenty-six notices were mailed to property owners within 200 feet. One response in favor and none in opposition were returned. Slides of the subject property were shown. ChairmanNejad opened the public hearing and asked forthe applicant's comments. Henry Pressler, 3930 Bayou Road, addressed the Commission in favor of the request. Mr. Pressler owns the subject property. Chairman Nejad asked for comments in favor or in opposition. Rodney Cooley addressed the Commission in favor or the request. Chairman Ncjad closed the public hearing. 6 Planning Commission August 20, 2012 Commissioner Little made a motion to approve a specific use permit to allow antique furniture restoration in an RCR-H District at 1801 North Street as requested in File 2140-P subject to the following condition: Replace the 6' tall wood screening fence missing along the west property Iine and install a 4' tall wood screening fence or a 6' wide landscape bed along the west 26' of the north property line and with a modification of the landscaping requirement along the west property line (no 10' wide landscape strip). Vice -Chairman Craig seconded the motion. Motion to approve carried 8:0. 4) File 2141-P: Request for a specific use permit to allow a child day care in an RS (Residential Single Family Dwelling) District. Location: 1450 W. Lucas Drive Applicant: Shukia Brown Mr. Richardson presented the staff report. Back in 2010, home -based day cares became an issue when it was determined that many were operating with more than five children, with a State permit, but not meeting Fire, Building and Health codes. At that time, local codes were amended to relax the requirements, provided that any new home -based day care facility, caring for more than five children would be required to obtain a specific use permit. Approximately two months ago, Shukia Brown came into the Planning office and asked staff if she would be allowed to operate a child day care at her home at 1450 W. Lucas. She was told that to meet the Zoning Ordinance's definition of a home occupation, she must limit the number of children for which she receives compensation to no more than five. Not until later did staff realize that Ms. Brown was registered by the State of Texas for up to 12 kids with additional help. The Zoning Ordinance requires that when a child day care facility is registered or licensed by the State, a specific use permit is required. At that time, Ms. Brown was informed that a specific use permit would be required to continue operating. The Zoning Ordinance's definition of a home occupation includes the keeping of up to five children under the age of sixteen apart from their parents, guardians or custodians for regular periods of time for compensation, provided that the total number of children under the age of sixteen years on the premises at any one time, including those kept without compensation and those who reside on the premises, shall not exceed eight. If a child care facility meets the definition and is not registered or licensed by the State, it is allowed by right as a home occupation in an RS District. Mr. Richardson recommended approval subject to the following conditions: 7 Planning Commission August 20, 2012 • The number of children kept for compensation shall not exceed five children under the age of sixteen at any one time. • 1f the specific use permit is approved, Ms. Brown must apply for a certificate of occupancy. Prior to the issuance of the certificate of occupancy, Ms. Brown must comply with all of the required codes of the City of Beaumont. • An 8' tall wood screening fence shall be installed along the east and south sides of the play yard (where the chain link fence now exists) and with a modification to the land scaping/screening requirements alongthe north, east and south property lines (8'tall wood screening fence along the north, east and south sides of the play yard and no 10' wide landscape strip along the north and south sides of the property). Twenty-three notices were mailed to property owners within 200 feet. No responses in favor and seven responses in opposition were returned. Slides of the subject property were shown. Chairman Nejad opened the public hearing and asked for the applicant's comments. Shukia Brown, the applicant, addressed the Commission and answered questions. Chairman Nejad asked for comments in favor or in opposition. Clayton Byrom, 1466 W. Lucas, addressed the Commission in opposition. Latrie Lee, 520 Dowlen, addressed the Commission in favor of the request. Taylor Neild, 1538 W. Lucas, addressed the Commission in opposition to the request. Karen Neild, 1495 W. Lucas, addressed the Commission in opposition. Jacqueline Dunham, 2260 Ashley, addressed the Commission in favor of the request. Charlotte Gewin, 1465 W. Lucas, addressed the Commission in opposition to the request. Con Roy Hughes, 1492 W. Lucas, addressed the Commission in opposition to the request. Tom Nei Id, 1495 W. Lucas, addressed the Commission in opposition to the request. Rebuttal by Shukia Brown. 8 Planning Commission Augus120, 2012 Chairman Nejad closed the public hearing. Discussion followed between staff and the Commission. Commissioner Mason made a motion to approve a specific use permit to allow a child day care in an RS District at 1450 W. Lucas Drive as requested in File 2141-P subject to the following conditions: • The number of children kept for compensation shall not exceed five children under the age of sixteen at any one time. • If the specific use permit is approved, Ms. Brown must apply for a certificate of occupancy. Prior to the issuance of the certificate of occupancy, Ms. Brown must comply with all of the required codes'of the City of Beaumont. • An T tall wood screening fence shall be installed along the east and south sides of the play yard (where the chain link fence now exists) and with a modification to the landscaping/screening requirements along the north, east and south property lines (8' tall wood screening fence along the north, east and south sides of the play yard and no 10' wide landscape strip along the north and south sides of the property). Commissioner Bodwin seconded the motion. Motion to approve carried 5 :3 (Kyles, Walters, Nejad). 5) File812-OB: Request for amendments tothe Building Regulations, Sec. 24.06.004; Subdivision and Site Development Regulations, Sec. 26.04.002; and the Zoning Ordinance, Sec. 28.02.004, 28.03.018(g)(3)(F), Sec. 28.03.018(h), Sec. 28.03.018(e)(9), Sec. 28.03.023(e), Sec. 28.03.024(c), Sec. 28.04.006(h)(i)O)(k). Applicant: City of Beaumont Planning Division Mr. Richardson presented the staff report. This item is a request to consider amendments to Sec. 28.02.004, Sec. 28,03.024(C) and Sec. 28.04.006(h)(i)o)(k) of the Zoning Ordinance. The first amendment deals with providing water to vacant lots that are used for the keeping of livestock and gardens. We have a number of requests for this sort of thing. Therefore, we wanted to formalize exactly what will be needed. A water meter permit must first be obtained and a backflow prevention device must meet the requirements of the Texas Commission on Environmental Quality. The second amendment deals with formalizing the requirement that all paved surfaces, including but not limited to sidewalks, driveways, pool decks and patios must be a minimum of two feet from any side or rear property line. 9 Planning Commission August 20, 2012 The third amendment deals with the screening of backflow devices. When required by the Plumbing Code, a backflow device will be completely screened from the street by landscaping or a solid, opaque fence. Chairman Nejad opened the public hearing and asked for comments. No comments were made. The public hearing was closed. Commissioner Kyles made a motion to approve a request for amendments to the Building Regulations, See. 24.06.004; Subdivision and Site Development Regulations, Sec. 26.04.002; and the Zoning Ordinance, Sec. 28.02.004, 28.03.018(g)(3)(F), See.28.03.018(h), Sec. 28.03.018(e)(9), Sec.28.03.023(e), Sec. 28.03.024(c), Sec. 28.04.006(h)(i)0)(k) as requested in File 812-013. Vice - Chairman Craig seconded the motion. Motion to approve carried 8:0. OTHER BUSINESS THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED. 10 ABSTENTION AFFIDAVIT IT BIC) Ck 2 a 3 / f o' ellaia 4" RU1 d'o" THE STATE OF TEXAS § COUNTY OF JEFFERSSO § I, l *� , as a member of the + �9M (City Council, commission, or board) make thus affidavit and hereby on oath state a followmg: I, and/or a person or persons related to me, bay-' ' substantial interest in a business entity that would be peculiarly affected by a vote or decision of the �� (City Council, commission, or board) as those terms are defined in V.T.C.A., &cal Go rnment Code §171.002. The business entity is: (Name) (Address) t ("I," or name of relative and relationship) V`�a havelhas a substantial interest in this business entity for the following reasons: (check all of which are applicable.) Ownership of 10 percent or more of the voting stock or shares of the business entity. Ownership of either 10 percent or more or $5,000 or more of the fair market value of the business entity. Funds received from'the business entity exceed 10 percent of (my, her, his) gross income for the previous year. Real property is involved, and (I, he, she) have an interest which is an equitable or legal ownership with a fair market value of at least $2,500. A relative of mine, within the first or second degree of blood or marriage, has a substantial interest in the business entity or property that would be affected by a decision of the public body of which I am a member. Upon filing of this affidavit with the City Clerk, I affirm that I will abstain from voting on any decision involving this business entity and from any further participation on this matter whoever. Signed this jL tday of Title BEFORE ME, the undersigned authority, on this day personally appeared �r n W Q and an oath stated that the facts hereinabove stated are true to the best of hiss knowledge or belief. SWORN to and subscribed before me on thisday of VQ.P _ , 20--62, JILL COLE c in and for the State of Texas My CommItsion Expires Augu$tl. 2015 $r*re w dam'