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HomeMy WebLinkAbout11-19-12 PC Minutes MINUTES REGULAR MEETING JOINT PUBLIC HEARINGS PLANNING COMMISSION CITY COUNCIL A Regular Meeting of the Planning Commission was held on November 19, 2012 with the following members present: Commission members present:Chairman Sina Nejad Vice-Chairman Marty Craig Commissioner Ransom “Duce” Jones Commissioner Glen Bodwin Commissioner Lauren Williams Mason Commissioner Eddie Senigaur Commissioner Bill Little Commission members absent:Commissioner Lynda Kay Makin Commissioner Walter Kyles Commissioner Steven Johnson Commissioner Clint Walters Commissioner Frank Messina Councilmembers present:Mayor Becky Ames Councilmember -at-Large Gethrel Williams-Wright Councilmember Mike Getz Councilmember Audwin Samuel Councilmembers absent:Mayor Pro Tem Alan Coleman Councilmember-at-Large W.L. Pate Councilmember Jamie Smith Also present:Steve Richardson, Planning Manager; Adina Ward, Planner; Carla Gigliotta,Recording Secretary; Tyrone Cooper, Attorney APPROVAL OF MINUTES Commissioner Mason made a motion to approve the minutes of the Regular Meeting held October 15, 2012. Motion was seconded. Motion to approve carried 7:0. REGULAR MEETING 1)824-OB: Request to abandon two curb cuts. Location: Intersection of Lawrence Drive and House Road Applicant: City of Beaumont Public Works Department Mr. Richardson presented the staff report. The City of Beaumont Public Works Department has applied for the abandonment of two curbs cuts at the northwest and southwest corners of the intersection of House Road and Lawrence Drive. The property is to be given to non-profits to allow them to provide affordable housing to low and moderate income persons. There is a house on each lot. The purpose of the abandonments is to square off the lots on the corners. Mr. Richardson recommends approval. Notices were sent to all interested parties and two adjacent property owners. No responses were received. Chairman Nejad asked if there was anyone who wanted to speak for or against the request. There were no comments. Commissioner Senigar made a motion to approve the request. Commissioner Bodwin seconded the motion. Motion to approve carried 7-0. 2)825-OB: Request to abandon two alleys. Location: 1415 Pennsylvania and 1455 Pennsylvania Applicant: Faust Engineering & Surveying, Inc. Mr. Richardson presented the staff report. Faust Engineering and Surveying, Inc. has applied for a request to abandon two alleys located at 1415 and 1455 Pennsylvania. The Salvation Army Boys and Girls Club and Resale Shop are under contract for sale. Frontier Machine Works, LLC proposes to purchase the property for use as a machine shop. Notices were sent to all interested parties and three adjacent property owners. No responses were received. Mr. Richardson recommends approval. Chairman Nejad asked if there was anyone who wanted to speak for or against the request. Jeremy Mitchell, Faust Engineering & Survey, 2525 Calder, representing the applicant stated he is available to answer questions. Daniel Pertrino owner of the property east of the alleys stated that he has been using the alleys. He asked who will own the property when the alleys are abandoned. Mr. Cooper, City Attorney, stated that the process of this hearing is not determine ownership of the property. Also speaking Debbie Cowart, Coldwell Banker, 1 Acadiana Court. Commissioner Little made a motion to approve the request. Commissioner Jones seconded the motion. Motion to approve carried 7-0. JOINT PUBLIC HEARINGS Mayor Ames called the Joint Public Hearings of November 19, 2012 to order and explained the purpose of the Joint Public Hearing process and then turned the meeting over to Chairman Nejad. Chairman Nejad explained the policies and procedures for the hearing process. 1)File 1242P:Request to revoke a specific use permit to allow a two family dwelling (duplex) in a RS (Residential Single Family Dwelling) District Location:255 Pollard Applicant:City of Beaumont Planning Division Mr. Richardson presented the staff report. In June, 1994 Frederick Joubert, Jr. received a specific use permit to allow a two family dwelling at 255 Pollard. At the time of the request there was a single family structure on the property. The site plan attached to the application showed that the existing structure was to be demolished. At the joint public hearing on June 20, 1994, Mr. Joubert stated that he would demolish the structure when he finished the new structure. Mr. Joubert has never demolished the single family structure. Based upon the fact that the specific use permit was obtained by deception the Planning Manager is recommending approval of the revocation. Forty notices were mailed to property owners within 200 feet. No responses in favor or opposition were received. Chairman Nejad opened the public hearing and asked if there was anyone who wanted to speak for or against the request. Mr. Richardson was asked if the single family structure is not demolished or removed will the duplex have to be taken down? He responded that the duplex would become a non- conforming use. Troy Joubert, 5625 Landry Lane. Mr. Joubert stated he has every intention of fixing the house. Chairman Nejad reminded Mr. Joubert that by law there cannot be more than one structure on the property. Ralph Carmon, 765 Brandywine. Speaking as a friend of Troy Joubert, suggested that the house be moved to another location. Sadie Smith, 245 Pollard, lives next door to the property and thanked the Commission for taking action to resolve the matter. Frederick Joubert, 2635 Burgandy Place, who is the former owner of the property, asked the Commission not to revoke the specific use permit. Troy Joubert added that he has two lots and pays taxes on both lots. There being no further comments, Chairman Nejad closed the Joint Public Hearing and asked if there was any discussion or a motion. Commissioner Craig, stated that she sat on the Commission when the specific use permit was granted and Mr. Joubert was allowed to live in the house until the duplex was finished. He promised the Commission that he would tear down or remove the house when the duplex was finished. The Planning Commission passed the specific use permit with the understanding that the house would be moved or demolished when the duplex was finished. Commissioner Senigaur made a motion to give Mr. Joubert a ninety day extension to demolish the house or move it. Commissioner Bodwin seconded the motion. There were questions to clarify the motion. Commission Little asked what if the house was not removed would then the specific use permit be revoked? Would that then cause the duplex to be taken down because it would be in violation? Mr. Cooper stated that in the event the specific use permit is revoked, the duplex will become a nonconforming use. It does not necessarily mean the duplex has to be torn down but because of its nonconforming status, it cannot be added to and if it burns down it cannot be rebuilt. Commissioners asked what would happen if a ninety day extension is granted, the house is not removed and then the specific use permit is revoked. Does everything stay the same? Mr. Cooper stated that it will still be a zoning violation with the two structures. The city can then move for an injunction to require the house be torn down. Chairman Nejad stated that a motion and second had been made and called for a vote. Motion to grant a ninety day extension to move or demolish the house carried 7:0. 2)File 1250P:Request to allow a Specific Use Permit to allow a bottle club in a GC-MD (General Commercial-Multiple Family Dwelling) District Location: 3410 Concord Road Applicant:Nathaniel Tarver Mr. Richardson presented the staff report. Nathaniel Tarver, property owner, applied for a specific use permit to allow a bottle club in a GC-MD District. In January 1997, City Council approved a specific use permit to allow a drinking, recreational services and rental hall at this location. At that time, Mr. Tarver wished to rent the building out for plays, wedding receptions, gospel performances, private parties, family reunions and musical road shows. The sale of and consumption of alcoholic beverages could occur depending on the particular function or event. In August 2011 City Council approved a specific use permit to Lesha Crawford to allow a drinking place on the subject property. The business never opened. Mr. Tarver would now like to reopen the location with what is now defined by the Zoning Ordinance as a “bottle club”. Mr. Tarver would like to convert the space back to a rental hall for various social activities where the participants will bring their own bottle (BYOB), The Planning Manager recommends approval. Notices were mailed to 35 property owners within 200 feet.. There were two responses in opposition and none in favor. Chairman Nejad opened the public hearing and asked if there was anyone who wished to speak for or against the request. th The applicant, Nathaniel Tarver, 1832 10 Place NW, Birmingham, Alabama, explained that he would like to bring the building back to its original use as a social club. Chairman Nejad asked if the business plan would include security and all the necessary things to run a club? Mr. Tarver stated he does have a plan. Commissioner Mason asked about the seating capacity? The building seats 300 to 350 people. Commissioner Craig asked if there will be local management? Mr. Tarver stated he would have a local manager. There being no further comments, Chairman Nejad closed the Joint Public Hearing and asked if there was any discussion or a motion. Commission Jones made a motion to approve the request. Commission Senigaur seconded the motion. Motion to approve carried 7:0 3)File 2151-P: Consider a request for a specific use permit to allow an accounting office in a RCR-H (Residential Conservation and Revitalization-H) District Location:2580 Laurel Applicant:Vanester Washington Mr. Richardson presented the staff report. Vanester Washington is a senior at Lamar University and is majoring in accounting. She has the opportunity to purchase the property and relocate her business from 2660 Laurel where she provides professional accounting services. Hours of operation will be Monday through Friday from 9 a.m. to 6 p.m. Three people will be employed in the office. The Planning Manager recommended approval subject to the following condition: 1.Remove parking space number 4. Twenty-seven notices were mailed to property owners within 200 feet. No responses in favor or opposition were received. Chairman Nejad opened the public hearing and asked if there was anyone who wished to speak for or against the request. The applicant, Vanester Washington, 18714 Polo Meadow,Humble, Texas, spoke. She asked that her request be approved. She is currently renting a building and has the opportunity to purchase this property. Mr. Washington also asked which parking space should be eliminated. Mr. Richardson showed her the space. Commissioner Mason asked that if the parking space is removed would there be enough parking for employees. Mr. Richardson said there would be ample parking. There being no further comments, Chairman Nejad closed the Joint Public Hearing and asked if there was any discussion or a motion. Commissioner Bodwin made a motion to approve the request with the condition of removing parking space number 4. Commissioner Little seconded the motion. Motion to approve with the condition carried 7:0. Commissioner Jones left the meeting at 4:00. 4)File 2152-P: Consider a request for a specific use permit to allow the construction, maintaining, operating, repairing, replacing, altering and inspecting a NGL pipeline and related appurtenances in a RS (Residential Single Family Dwelling) District Applicant: Crosstex NGL Pipeline, L.P. Mr. Richardson presented the staff report. Crosstex NGL Pipeline, L.P. is in the process of installing an interstate NGL pipeline as part of its common carrier system. A portion of this pipeline will be installed across the City of Beaumont. The location of the property which is zoned RS (Residential Single Family Dwelling) District and through which the pipeline will cross extends from approximately 2,600'± east of the southeast corner of Helbig and Gager to approximately 1,140'± west of Lawrence Drive and from approximately 50'± east of Old Voth Road to the west side of an LNVA Canal. Part of the pipeline will be constructed in an existing pipeline right-of-way. However, in some locations, the pipeline will be laid outside of that existing right-of-way. Crosstex has acquired agreements with the owners of all the properties through which the pipeline is crossing and are zoned RS. It is those properties that require a specific use permit. The Planning Manager recommends approval subject to the following conditions: 1.Maintain and/or improve the existing natural storm water drainage in the construction zone after construction is completed. 2.A Pipeline License Agreement and a Utility Crossing Agreement must be submitted and approved prior to any work being performed within the City right-of-way. 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. 3.All traffic control shall comply with the Texas Manual on Uniform Traffic Control Devices, Part 6 (2009 edition). 4.Existing access points being utilized by Crosstex shall be shown on a map displaying the scope of the project within the city limits. 5.Any oversized loads moving materials to the project site shall comply with the City of Beaumont Oversized Loads regulations. 6.Clear space between the bottoms of existing ditches and storm sewer pipes to the top of the Crosstex pipeline shall not be less than 5 feet. 7.If work is to be performed on any street or public right-of-way, submit an application for street cuts and barricading. Ninety-two notices were sent to property owners within 200 feet. There were two responses in opposition and none in favor. Commissioner Nejad opened the public hearing and asked if there was anyone who wished to speak for or against the request. James Freeman with Crosstex NGL Pipeline, L.P. in Houston, Texas, spoke and said that he was available to answer questions. There being no further comments, Commissioner Nejad closed the Joint Public Hearing and asked for any discussion or a motion. Commissioner Mason made a motion to approve the request subject to the following conditions: 1.Maintain and/or improve the existing natural storm water drainage in the construction zone after construction is completed. 2.A Pipeline License Agreement and a Utility Crossing Agreement must be submitted and approved prior to any work being performed within the City right-of-way. 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. 3.All traffic control shall comply with the Texas Manual on Uniform Traffic Control Devices, Part 6 (2009 edition). 4.Existing access points being utilized by Crosstex shall be shown on a map displaying the scope of the project within the city limits. 5.Any oversized loads moving materials to the project site shall comply with the City of Beaumont Oversized Loads regulations. 6.Clear space between the bottoms of existing ditches and storm sewer pipes to the top of the Crosstex pipeline shall not be less than 5 feet. 7.If work is to be performed on any street or public right-of-way, submit an application for street cuts and barricading. Commissioner Craig seconded the motion. Motion to approve with the conditions carried 6:0 5)File 2153-P: Consider a request for a specific use permit to allow storage/warehousing in a GC-MD (General Commercial-Multiple Family Dwelling) District Applicant: Eli Patterson Address: 1330 Caldwell Mr. Richardson presented the staff report. Eli Patterson has applied for a specific use permit to allow storage/warehousing in a GC- MD ((General Commercial-Multiple Family Dwelling) District. The property is located at 1330 Caldwell. An existing 5,000 sq. ft. metal building is located on the property. Mr. Patterson states that he will be opening an office headquarters for his construction business in Unit One. The office will be used for printing payroll and the creation of business documents. Additional warehouse space in Unit One will be used for storage and occasional equipment maintenance. The actual office space for Mr. Patterson’s business will consist of 1,250 sq. ft. The rest of the building will be divided into three storage rental units. The Planning Manager recommends approval subject to the following condition: 1.Delete the two most easterly parking spaces along the north property line and the most southerly parking space along the south property line and with a modification to the landscaping/screening requirements along the northeast 47' of the north property line, along the east property line and along the street frontage of the parking lot (no 8' tall wood screening fence and no 10' wide landscape strip along the east property line and the northeast 47' of the north property line and no 6' wide landscape strip along the street frontage of the parking lot.) Thirty 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 if there was anyone who wished to speak for or against the request. Eli Patterson, 828 Countrywide Circle, Sour Lake, Texas, spoke. There being no further comments, Chairman Nejad closed the Joint Public Hearing and asked if there was any discussion or a motion. Commissioner Little made a motion to approve the request with the following condition: 1.Delete the two most easterly parking spaces along the north property line and the most southerly parking space along the south property line and with a modification to the landscaping/screening requirements along the northeast 47' of the north property line, along the east property line and along the street frontage of the parking lot (no 8' tall wood screening fence and no 10' wide landscape strip along the east property line and the northeast 47' of the north property line and no 6' wide landscape strip along the street frontage of the parking lot.) Commissioner Senigar seconded the motion. Motion to approve with the condition carried 6:0 6)File 2154-P: Consider a request for a specific use permit to allow a machine shop in a C-M (Commercial-Manufacturing) District Applicant: Minh Tran/Frontier Machine Works, LLC Address: 1415 and 1455 Pennsylvania Mr. Richardson presented the staff report. Minh Tran has applied for a specific use permit to allow a machine shop in a C-M (Commercial-Manufacturing) District. There will be one machine shop and one milling machine with two operators. All work will be done inside the building. The larger building will be used as the machine shop and the smaller building will be used for parking. Before the building can be converted into a machine shop the owner will need to get with Building Codes to determine what changes will need to be made to meet building and fire codes. The Planning Manager recommends approval. Twenty-seven 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 if there was anyone who wished to speak for or against the request. Thomas Tran, 13106 Aldine Westfield, Houston, Texas, spoke. There being no further comments, Chairman Nejad closed the Joint Public Hearing and asked if there was any discussion or a motion. Commissioner Craig made a motion to approve the request. Commissioner Mason seconded the motion. Motion passed 6:0 7)File 2155-Z: Consider a 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. Applicant: Nancy Nguyen and Vinh Van Le Address: 3501 Magnolia Mr. Richardson presented the staff report. Ms. Nguyen and Mr. Le are converting an existing building at the northwest corner of Magnolia and Leight into a convenience store. The property is located at 3501 Magnolia. The west 30 feet of the property is zoned RM-H. Ms. Nguyen wants to use that property for parking. The property will need to be rezoned to commercial to allow the parking. The Planning Manager recommends approval. Nineteen notices were sent to property owners within 200 feet. No responses were received. Chairman Nejad opened the public hearing and asked if there was anyone who wished to speak for or against the request. Nancy Nguyen, 5740 Jackie Lane, Beaumont, Texas, spoke. She is planning to renovate the existing building and convert it to a convenience store. There being no further comments, Chairman Nejad closed the Joint Public Hearing and asked if there were any discussion or a motion. Commissioner Mason made a motion to approve the request. Commission Bodwin seconded the motion. Motion to approve carried 6:0 826-OB Consider a request for amendments to the Zoning Ordinance, Sec. 28.01.004 and Sec. 28.03.023(e) Applicant: City of Beaumont Planning Division Mr. Richardson presented the staff report. Staff is proposing amendments to the Zoning Ordinance that deal with child care facilities and home occupations. The following recommendations are being made: 1)Delete the definition of a Child Care Center 2)Amend the definition of Home Occupation whereby we are changing the keeping of children from a maximum of five children to three children and deleting “under the age of sixteen”. The maximum number of children, including the caregiver’s is six. This type of facility shall be considered a “listed family home”. This coincides with how the State defines such a facility. 3)Add the definition of a Listed Family Home. 4)Add the definition of a Registered Child Care Home. 5)Add the definition of a Licensed Child Care Home. 6)Add the definition of a Licensed Child Care Center. 7)Change the Permitted Use Table to differentiate between home-based childcare and childcare centers. Any home-based childcare other than a listed family home requires a specific use permit. A childcare center would be permitted by-right in all commercial districts except for GC-MD-2 and CBD which require a specific use permit. In the RM-H and PUD Districts a specific use permit is required. The Planning Manager recommends approval. Chairman opened the public hearing and asked if there was anyone who wished to speak for or against the request. There being no comments, Chairman Nejad closed the Joint Public Hearing asked if there was anyone who wished to speak for or against the request. Commissioner Craig made a motion to approve the amendments with the addition of adding the word “unrelated” to #6 under Home Occupation to read “the keeping of up to three (3) unrelated children apart from their parents, guardians or custodians for regular periods of time for compensation.” Commissioner Senigaur seconded the motion to approve with the amendment. Motion carried 6:0 THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED.