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HomeMy WebLinkAbout10-15-12 PC Minutes M I N U T E S REGULAR MEETING JOINT PUBLIC HEARINGS PLANNING COMMISSION CITY COUNCIL City Council Chambers October 15, 2012 A Regular Meeting and Joint Public Hearings were held on October 15, 2012 with the following members present: Commission members present: Chairman Sina Nejad Commissioner Ransom Jones Commissioner Glenn Bodwin Commissioner Steven Johnson Commissioner Lauren Williams Mason Commissioner Frank Messina Commissioner Bill Little Commission members absent: Vice Chairman Marty Craig Commissioner Lynda Kay Makin Commissioner Walter Kyles Commissioner Eddie Senigaur Commissioner Clint Walters Councilmembers present: Mayor Becky Ames Mayor Pro-Tem Alan Coleman Councilman-at-Large W. L. Pate Councilman Mike Getz Councilman Audwin Samuel Councilmembers absent: Councilmember-at-Large Gethrel Williams-Wright Councilman Jamie D. Smith Also present: Steve Richardson, Planning Manager; Jill Cole, Recording Secretary; Adina Ward, Planner; Tyrone Cooper, City Attorney; Chris Boone, Community Development Director; Kyle Hayes, City Manager APPROVAL OF MINUTES Commissioner Mason made a motion to approve the minutes of the Regular Meeting and Joint Public Hearings held September 17, 2012. Commissioner Johnson seconded the motion. Motion to approve carried 7:0. Planning Commission October 15, 2012 REGULAR MEETING 1) File 822-OB: Request to abandon two drainage easements. Location: 8085 Eastex Freeway Applicant: Tim Andrues Mr. Richardson presented the staff report. The applicant, Tim Andrues, states that the easements were originally platted with the establishment of the Suburban Acres subdivision in the mid-1950's. When Eastex Freeway was built, the drainage was rerouted and these two easements were no longer needed. This item was sent to all interested parties. No negative responses have been received. Mr. Richardson recommended approval. Chairman Nejad asked for the applicant=s comments. Tim Andrues, 6684 Lexington, addressed the Commission. Commissioner Jones made a motion to approve a request to abandon two drainage easements at 8085 Eastex Freeway as requested in File 822-OB. Commissioner Little seconded the motion. Motion to approve carried 7:0. JOINT PUBLIC HEARINGS Mayor Ames called the Joint Public Hearings of October 15, 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. 2) File 2141-P: Request for an amended specific use permit to allow a 6' tall chain link fence instead of the required 8' tall wood screening fence along the south side of the required 8' tall wood screening fence along the south side of the play yard of 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. This item is a request for the 2 Planning Commission October 15, 2012 modification of a condition placed on the approval of the specific use permit granted for a child day care at 1450 W. Lucas. That condition requires that an 8' tall wood screening fence be installed along the east and south sides of the play yard. Staff gave Ms. Brown three weeks to come into compliance with the fencing requirement. She installed the fence along the east side of the play yard but not on the south side. Ms. Brown presented staff with a letter from Bobbie Boudreaux, the property owner to the south, stating that the child day care did not bother her and requested that the fence along the south side of the play yard not be installed. Based upon that request, Mr. Richardson recommended approval of the modification to the fencing requirement. Twenty-three notices were mailed to 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. Shukia Brown addressed the Commission. Chairman Nejad asked for comments in favor or in opposition. No comments were made. Chairman Nejad closed the public hearing. Commissioner Bodwin made a motion to approve an amended specific use permit to allow a 6' tall chain link fence instead of the required 8' tall wood screening fence along the south side of the play yard of a child day care in an RS at 1450 W. Lucas Drive as requested in File 2141-P. Commissioner Mason seconded the motion. Motion to approve carried 7:0. 3) File 2144-P: Request for a specific use permit to allow a school in an RS (Residential Single Family Dwelling) District. Location: 6750 Highway 105 Applicant: Friendship Baptist Church Mr. Richardson presented the staff report. Ed Jones, a trustee of Friendship Baptist Church, states that the church wishes to operate a faith 3 Planning Commission October 15, 2012 based school open to the public. The school will teach grades Pre-K4 - th 12 grade. Mr. Jones states that 47 students are currently enrolled full time and 10 home schooled children are enrolled. The school is opened Monday - Friday, 8:30 a.m. to 3 p.m. The home school is open on Mondays from 5:00 p.m. to 7:00 p.m. An inspection of the property by the Fire Marshal found that the school was operating without any permits. At that time, the church was advised that there would be code requirements that must be met prior to opening a school. No applications were made until the specific use permit was applied for on September 12. Mr. Richardson recommended approval subject to the following condition:  The school shall apply for and receive approval of a certificate of occupancy. Sixteen 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. Mike Leach, Chairman of Trustees for Friendship Baptist Church, 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 Jones made a motion to approve a specific use permit to allow a school in an RS District at 6750 Highway 105 as requested in File 2144-P subject to the following condition:  The school shall apply for and receive approval of a certificate of occupancy. Commissioner Mason seconded the motion. Motion to approve carried 7:0. 4 Planning Commission October 15, 2012 4) File 2145-Z: Request for a zone change from PUD (Planned Unit Development) District to GC-MD (General Commercial-Multiple Family Dwelling) District or more restrictive district. Location: 3350, 3450, 3550 Dowlen Road (Tuscany Park) and vacant 5+ acres behind Tuscany Park Applicant: Calvary Baptist Church of Beaumont Mr. Richardson presented the staff report. Calvary Baptist Church has entered into a contract to purchase the property from Wells Fargo Bank. Gary Rothenberger, Executive Pastor of Calvary states that the church wished to purchase the property to expand its campus. Tuscany Park is currently occupied by restaurants, clothing retail, jewelry retail, medical and office space. Pastor Rothenberger states that the current leases will continue until each lease agreement expires. Any space currently unoccupied will be utilized by Calvary Baptist for church uses. GC-MD zoning will allow the church to expand its operations into Tuscany Park without requiring specific use permits as now required by the PUD zoning. Because the church will not allow any use that will be detrimental to the church, Mr. Richardson does not feel that the GC-MD zoning will be an inappropriate zoning classification. 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. Gary Rothenberger, Executive Pastor at Calvary Baptist Church, 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 Johnson made a motion to approve a zone change from PUD District to GC-MD District for 3350, 3450, 3550 Dowlen Road (Tuscany Park) and vacant 5+ acres behind Tuscany Park as requested in File 2145-Z. Commissioner Jones seconded the motion. Motion to approve carried 7:0. 5) File 2146-Z: Request for a zone change from RS (Residential Single Family Dwelling) District to RM-H (Residential Multiple Family Dwelling-Highest 5 Planning Commission October 15, 2012 Density) District or more restrictive district. Location: 1703 Franklin Applicant: Maria Salazar Mr. Richardson presented the staff report. Louis Salazar, the property owner, states that the reason for the zone change is to enable him to build an apartment complex on the subject property. In speaking with Mr. Salazar after the packets had gone out, the existing house is used for single family use. The 1999 Avenues/College Street Area Plan designates the subject property and properties to the north, east and west for low density residential uses. In 2000, the Planning Division conducted a zoning study with the intent of implementing that portion of the plan which recommends rezoning parts of the neighborhood in an effort to revitalize the entire neighborhood while protecting and stabilizing the existing single family residential neighborhoods. The preservation of the existing single family neighborhoods was one of the major objectives of the plan. Based upon the neighborhood plan and the zoning study, Mr. Richardson recommended denial of the request. Thirty-one notices were mailed to property owners within 200 feet. One response 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. 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 deny a zone change from RS District to RM-H District at 1703 Franklin as requested in File 2146-Z. Commissioner Johnson seconded the motion. Motion to deny carried 7:0. 6) File 2147-P: Request for a specific use permit to allow a pet crematory in a GC-MD (General Commercial-Multiple Family Dwelling) District. Location: 1295 Gladys Applicant: Donald Taft Mr. Richardson presented the staff report. Donald Taft, the property 6 Planning Commission October 15, 2012 owner, would like to convert a vacant commercial building that was once used as a flower shop. A small chapel will be provided for those who wish to mourn the passing of their pet. All of the cremation activities will occur inside the building. The service will provide for the pickup of the deceased pet and return it in an urn or scatter the ashes in a reflection area on the property. Typical operating hours will be 8 a.m. to 5 p.m., Monday through Saturday. Mr. Richardson recommended approval subject to the following conditions:  A RPZ will be required within 12" of the water meter on private property.  The applicant will modify the west side of the parking lot to allow room for vehicles parked at the end of the parking lot to reverse and re-orient so that the front of the vehicle exits first into the street. Forty-three 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. Donald and Stella Taft addressed the Commission and distributed information on the crematorium equipment. Chairman Nejad asked for comments in favor or in opposition. No comments were made. The public hearing was closed. Commissioner Jones made a motion to approve a request a specific use permit to allow a pet crematory in a GC-MD District at 1295 Gladys as requested in File 2147-P subject to the following conditions:  A RPZ will be required within 12" of the water meter on private property.  The applicant will modify the west side of the parking lot to allow room for vehicles parked at the end of the 7 Planning Commission October 15, 2012 parking lot to reverse and re-orient so that the front of the vehicle exits first into the street. Commissioner Bodwin seconded the motion. Motion to approve carried 7:0. 7) File 2148-P: Request for a specific use permit to allow the construction, maintaining, operating, repairing, replacing, altering and inspecting an oil pipeline and related appurtenances in an RS (Residential Single Family Dwelling) District. Location: Extending from the east side of Fannett Road (Highway 124) to the east side of the Cattail Marsh Applicant: TransCanada Keystone Pipeline, LP Mr. Richardson presented the staff report. James Freeman, representing TransCanada Keystone Pipeline, LP, states that the project will include the laying a 36 inch crude oil pipeline that will bring oil from Cushing, Oklahoma to Nederland. A portion of the pipeline falls within Beaumont=s city limits. Keystone has obtained the right to construct the pipeline on all tracts of land within Beaumont=s city limits. The pipeline will be constructed to meet or exceed all applicable Federal, State and Local regulatory requirements. 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. Judah Lopez and Susan Medina with TransCanada 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 specific use permit to allow the construction, maintaining, operating, repairing, replacing, altering and inspecting an oil pipeline and related appurtenances in an RS District on property extending from the east side of Fannett Road to the east side of the Cattail Marsh as requested in File 2148-P subject to the following conditions: 8 Planning Commission October 15, 2012  All traffic control shall comply with the Texas Manual on Uniform Traffic Control Devices, Part 6 (2009 edition).  Existing access points being utilized by Keystone shall be shown on a map displaying the scope of the project within the city limits.  Any oversized loads moving materials to the project site shall comply with the City of Beaumont Oversized Loads regulations.  Clear space between bottom of existing ditch and storm sewer pipe to the top of the TransCanada Keystone pipeline shall not be less than 5 feet.  A pipeline license agreement must be submitted and approved prior to any work being performed. A map shall be submitted to Water Utilities showing where the pipeline will be crossing any City of Beaumont water and sanitary sewer mains, both within and outside the City. In addition to the overall map, plan and profile drawings must be submitted for each crossing. The pipeline must be installed a minimum of 5 feet below the bottom of the lowest pipe crossing. Commissioner Jones seconded the motion. Motion to approve carried 7:0. 7) File 2149-P: Request for a specific use permit to allow a child day care in an RS (Residential Single Family Dwelling) District. Location: 1650 Reynolds Applicant: Donna Moffitt Mr. Richardson presented the staff report. Donna Moffitt, the property owner, states that for the past twenty-two years she has operated a registered child day care across the street at 1695 Reynolds. After her father died, she and her husband purchased her childhood home and moved to 1650 Reynolds. Ms. Moffitt says that the child day care will operate Monday through Friday from 6:00 a.m. to 6:00 p.m. She currently cares for six preschool children. Being a registered child day care will allow her to care for up to twelve children. Mr. Richardson recommended approval of the request. Twenty-three notices were mailed to property owners within 200 feet. One response in favor and none in opposition were returned. 9 Planning Commission October 15, 2012 Slides of the subject property were shown. Chairman Nejad opened the public hearing and asked for the applicant=s comments. Donna Moffitt addressed the Commission. Chairman Nejad asked for comments in favor or in opposition. No comments were made. The public hearing was closed. Commissioner Jones made a motion to approve a specific use permit to allow a child day care in an RS (Residential Single Family Dwelling) District at 1650 Reynolds as requested in File 2149-P. Commissioner Little seconded the motion. Motion to approve carried 7:0. 8) File 823-OB: Request for amendments to the Zoning Ordinance, Section 28.03.023 (e). Applicant: City of Beaumont Planning Division Mr. Richardson presented the staff report. This item is a request to amend the Zoning Ordinance permitted use table to allow tax preparation services in the RCR-H District and other zoning districts with a specific use permit or by right. Staff has recently had a conversation with a property owner located in the Oaks Historic District about selling her commercial building to a tax preparation service. Currently, a tax preparation service is not permitted in the RCR-H District. Staff has broken that category out of SIC 729 and given it a separate listing showing what districts it would be allowed in with either a specific use permit or by right. Mr. Richardson recommended approval. Chairman Nejad opened the public hearing and asked for comments. No comments were made. The public hearing was closed. Commissioner Messina made a motion to approve the request for amendments to the Zoning Ordinance, Section 28.03.023 (e) as requested in File 823-OB. Commissioner Mason seconded the motion. Motion to approve carried 7:0. 10 Planning Commission October 15, 2012 OTHER BUSINESS THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED AT 4:18 P.M. 11