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HomeMy WebLinkAbout1-24-11 PC Minutes M I N U T E S REGULAR MEETING JOINT PUBLIC HEARINGS PLANNING COMMISSION CITY COUNCIL City Council Chambers January 24, 2011 A Regular Meeting and Joint Public Hearings were held on January 24, 2011 with the following members present: Commission members present: Chairman Lynda Kay Makin Vice Chairman Patrick Gibbs Commissioner Glenn Bodwin Commissioner Sina Nejad Commissioner Marty Craig Commissioner Eddie Senigaur Commissioner Lauren Williams Mason Commission members absent: Commissioner Walter Kyles Commissioner Steven Johnson Commissioner Clint Walters Councilmembers present: Mayor Becky Ames Mayor Pro-Tem W. L. Pate Councilmember-at-Large Gethrel Williams-Wright Councilmember Alan Coleman Councilman Audwin Samuel Councilman Jamie Smith Also present: Stephen Richardson, Planning Manager; Jill Cole, Recording Secretary; Adina Ward, Planner; Tyrone Cooper, City Attorney; Chris Boone, Community Development Director; Sharae Bassett, Assistant City Attorney II, Courtney Davis, Assistant City Attorney II, Lauren Beamon, Assistant City Attorney II APPROVAL OF MINUTES Commissioner Mason made a motion to approve the minutes of the Regular Meeting held December 20, 2010. Commissioner Nejad seconded the motion. Motion to approve carried 7:0. Planning Commission January 24, 2011 REGULAR MEETING 1) File 771-OB: Request to abandon a portion of Cheek Street and the remainder of Alabama Street east of University Drive. Applicant: Mark Whiteley & Associates, Inc. Mr. Richardson presented the staff report. The request is to abandon a portion of Cheek St. and the remainder of Alabama St., east of University Drive. Mark Whiteley, representing Lamar University, stated that the purpose of the abandonments is to allow Lamar greater control over the boundaries and limits of their campus. Electronic gates will be placed at selected locations to control access to the student areas of the campus. Mr. Richardson recommended approval subject to the following conditions:  The entire abandoned rights-of-way shall be retained as access and utility easements.  No appurtenances shall be built within the abandoned rights-of-way  Any gates installed across the access easements shall be approved by the City of Beaumont Fire Department Chairman Makin asked for the applicant=s comments. Mark Whiteley, the applicant, addressed the Commission. Terry Jackson, Director of Maintenance and Operation at Lamar University, addressed the Commission. Chairman Makin asked for comments in favor or in opposition. No comments were made. Commissioner Nejad made a motion to approve the abandonment of a portion of Cheek Street and the remainder of Alabama Street east of University Drive as requested in File 771-OB, subject to the following conditions:  The entire abandoned rights-of-way shall be retained as access and 2 Planning Commission January 24, 2011 utility easements.  No appurtenances shall be built within the abandoned rights-of-way  Any gates installed across the access easements shall be approved by the City of Beaumont Fire Department Commissioner Craig seconded the motion. Motion to approve carried 7:0. 2) File 772-OB: Request to abandon a portion of Avenue F. Applicant: Michael Alfred Mr. Richardson presented the staff report. Michael Alfred has applied for the abandonment of a 337' unimproved portion of Avenue F. This section of Ave. F is adjacent to Mr. Alfred=s property in the Cartwright Addition. In a related item, Mr. Alfred is requesting the rezoning of Tracts I and II from LI to GC-MD. It is his intention to construct a convenience store and a laundromat on part of the property. Mr. Richardson recommended approval of the request. Chairman Makin asked for the applicant=s comments. Michael Alfred, the applicant, addressed the Commission. Chairman Makin asked for comments in favor or in opposition. John Stevens, 1205 Cartwright, addressed the Commission. Mr. Stevens owns property adjacent to the subject property. Commissioner Senigaur made a motion to approve the abandonment of a portion of Avenue F as requested in File 772-OB. Commissioner Bodwin seconded the motion. Motion to approve carried 7:0. 3) File 773-OB: Request to close a portion of Main Street at the railroad right-of-way. Applicant: City of Beaumont Mr. Richardson presented the staff report. The subject request is to close a portion of Main Street at the KCS Railroad right-of-way. Patrick Donart, Public Works Director, stated that the reason the City 3 Planning Commission January 24, 2011 would like to permanently close Main Street is for Port of Beaumont projects. By leaving the road temporarily closed, Kansas City Southern would be required to upgrade the signals at this location. The proposed work would cost approximately $200,000. The City will retain the right from the railroad to re-open the road at a later date provided the signals are installed at that time. Mr. Richardson recommended approval subject to retaining a utility easement. Chairman Makin asked for comments. Rick Clark, 510 Trinity, addressed the Commission and asked for clarification of the Trinity Street closure item. Chairman Makin stated that the Trinity Street closure (Item #4 on the agenda) had been deferred, but the Public Works Director would address the details of the request. Terry Taylor, representing Ebenezer Missionary Baptist Church at 675 College Street, addressed the Commission. Patrick Donart, Public Works Director, addressed the Commission regarding the closure of Main Street. In the past, one of the obstacles in permanently closing it were stipulations in the agreement with Kansas City Railroad. Those have been worked out and the City is moving forward with the closure. Mr. Donart addressed the Trinity Street closure. The City currently has problems with the two quiet zones located on the west end of the City. He stated that he has a meeting scheduled with the Federal Railroad Administration and Union Pacific Railroad to work out those issues. The purpose of closing Trinity Street was to create an actual quiet zone, not just in name. He hopes to proceed with the closure of Trinity Street after that meeting. Chairman Gibbs made a motion to approve a request to close a portion of Main Street at the railroad right-of-way as requested in File 773-OB. Commissioner Craig seconded the motion. Motion to approve carried 7:0. 4) File 774-OB: Request to close a portion of Trinity Street, at the railroad 4 Planning Commission January 24, 2011 right-of-way. Applicant: City of Beaumont Public Works Department This item was deferred until a later date. ROLL CALL JOINT PUBLIC HEARINGS Mayor Ames called the Joint Public Hearings of January 24, 2011 to order and explained the purpose of the joint hearing process and then turned the meeting over to Chairman Makin. She explained the policies and procedures for the hearing process. 1) File 2066-Z: Request for a zone change from LI (Light Industrial) District to GC-MD (General Commercial-Multiple Family Dwelling) District or more restrictive district. Location: Approximately 280' from the southeast corner of the intersection of Terrell and Avenue F Applicant: Garden of Gethsemane Nursery and Landscaping, Inc. Mr. Richardson presented the staff report. Michael Alfred owns the Garden of Gethsemane Nursery across Washington from the subject property. Mr. Alfred states that rezoning the property will allow possible financial backing by his financial institution. It is his desire to construct a self-service laundry and convenience store on the property. Rezoning the property to GC-MD would prohibit a number of uses that may be undesirable to the neighborhood. Mr. Richardson recommended approval of the request. He stated that fencing would be addressed once development began. Thirty-two notices to property owners within 200 feet of the subject property. One response in opposition, one undecided and none in favor were returned. Slides of the subject property were shown. Chairman Makin opened the public hearing and asked for the applicant=s 5 Planning Commission January 24, 2011 comments. Michael Alfred, the applicant, addressed the Commission and answered questions. Chairman Makin asked for comments in favor or in opposition. John Stevens, 1205 Cartwright, addressed the Commission in favor of the request. Chairman Makin closed the public hearing. Commissioner Bodwin made a motion to approve a zone change from LI (Light Industrial) District to GC-MD (General Commercial-Multiple Family Dwelling) District for property located approximately 280' from the southeast corner of the intersection of Terrell and Avenue F as requested in File 2066-Z. Commissioner Senigaur seconded the motion. Motion to approve carried 7:0. 2) File 2067-P: Request for a specific use permit to allow a doctor=s office in a PUD (Planned Unit Development) District. Location: 6260 Delaware Applicant: Talisman Development, Inc. Mr. Richardson presented the staff report. The proposed doctor=s office will consist of a 6,500 sq. ft. building and related parking. Stone Manor PUD is being developed with similar buildings and uses. Mr. Richardson recommended approval of the request. 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. Commissioner Nejad stated that he would abstain from discussion and voting on this item. Chairman Makin opened the public hearing and asked for the applicant=s comments. 6 Planning Commission January 24, 2011 The applicant was not present. Chairman Makin 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 a doctor=s office in a PUD (Planned Unit Development) District at 6260 Delaware as requested in File 2067-P. Vice-Chairman Gibbs seconded the motion. Motion to approve carried 6:0:1 (Nejad). 3) File 2068-Z/P: 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 and a specific use permit to allow a roofing company in a GC-MD (General Commercial-Multiple Family Dwelling) District. Location: 4320 Eastex Freeway Applicant: Kelley Bankston Mr. Richardson presented the staff report. The front portion of this property is zoned GC-MD. The rear 110' is zoned RM-H. The property is developed with a commercial building and was previously used by a tractor sales company. A roofing company would now like to occupy the property. In a GC-MD District, the roofing company needs a specific use permit. The applicant would like to clear up the zoning boundary issue and get a specific use permit to allow the roofing company. Mr. Richardson recommended approval of the zone change and approval of the specific use permit with a modification to the landscaping requirements along the north, east and west property lines and the construction of an 8' tall wood screening fence along the west property line. Thirteen 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 Makin opened the public hearing and asked for the applicant=s comments. Kelley Bankston, the applicant, addressed the Commission. 7 Planning Commission January 24, 2011 Chairman Makin 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 zone change from RM-H (Residential Multiple Family Dwelling-Highest Density) District to GC-MD (General Commercial-Multiple Family Dwelling) District and a specific use permit to allow a roofing company in a GC-MD District at 4320 Eastex Freeway as requested in File 2068-Z/P, subject to a modification to the landscaping/screening requirements along the north, east and west property lines (8' tall wood screening fence and 10' wide open space buffer along the north property line and the north 110' of the east property line and an 8' tall wood screening fence along the west property line, no 10' landscape strip). Commissioner Nejad seconded the motion. Motion to approve carried 7:0. 4) File 2069-P: Request for a specific use permit to allow for office space and parking for Nutrition and Services for Seniors in an RM-M (Residential Multiple Family Dwelling-Medium Density) District. Location: 3840 Travis and 4590 Concord Applicant: Nutrition and Services for Seniors Mr. Richardson presented the staff report. Several years ago, City Council approved a zone change to RM-M for the this property. Nutrition and Services plans to construct a 4,440 sq. ft. office building an additional 47 parking spaces. The building will be used to house offices for the Meals On Wheels program and dispatchers for transportation. Access to the building will be off of Concord. The exit onto Travis will be used only for fire truck access. Engineering did make the statement that underground drainage will be required. Mr. Richardson recommended approval subject to the following condition:  Construct an 8' tall wood screening fence and a 10' wide landscape strip along the north and northwest property lines of the subject property. Twenty-six 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. 8 Planning Commission January 24, 2011 Chairman Makin opened the public hearing and asked for the applicant=s comments. Elaine Shellenberger with Nutrition and Services for Seniors addressed the Commission. Chairman Makin asked for comments in favor or in opposition. Gladys Johnson, 3725 Acorn Circuit, addressed the Commission. She expressed concerns regarding the exit on Travis Street. Mrs. Johnson also spoke for Hubert McCray, 3825 Acorn Circuit and his concerns about drainage and lighting. M. J. Goolsby, 3865 Travis, addressed the Commission in opposition to the request. Mr. Goolsby complained about the garbage and the rodents that it attracts. Rebuttal by Ms. Shellenberger. Chairman Makin closed the public hearing. Commissioner Craig made a motion to approve a specific use permit to allow for office space and parking for Nutrition and Services for Seniors in an RM-M District at 3840 Travis and 4590 Concord as requested in File 2069-P, subject to the following conditions:  Construct an 8' tall wood screening fence and a 10' wide landscape strip along the north and northwest property lines of the subject property.  The exit on Travis Street will be used for fire truck access only. Vice-Chairman Gibbs seconded the motion. Motion to approve carried 6:1 (Nejad). 5) File 2070-P: Request for a specific use permit to allow a retail strip center with the following but not limited to uses, a hamburger restaurant, insurance agency, retail T-shirt store, jewelry store, and candle store in a GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District. Location: 622 W. Lucas 9 Planning Commission January 24, 2011 Applicant: Darlene Hanna Mr. Richardson presented the staff report. The restaurant would be open 10:30 am to 8 pm, Monday through Saturday. The shops would be open 9 am to 6 pm, Monday through Saturday. This proposed development would take away the required 8 parking spaces that Ms. Hanna had to provide off-site when she developed her dancing school at 4305 Calder. The site plan shows that she is able to provide only the parking that will be needed for the strip center. Depending upon the number of seats in the restaurant, Ms. Hanna may need more spaces. Engineering did make the statement that underground drainage will be required. Mr. Richardson recommended approval subject to the following conditions:  The owner shall apply for and receive a special exception to the parking requirement for the property at 4305 Calder or 622 W. Lucas.  Provide a six foot landscape strip along all parking lot frontages. Twenty-one notices were mailed to property owners within 200 feet. Two responses in opposition and none in favor were returned. Slides of the subject property were shown. Commissioner Nejad stated that he would abstain from discussion and voting on this item. Chairman Makin opened the public hearing and asked for the applicant=s comments. Darlene Hanna, the applicant, addressed the Commission. Mark Rule, the applicant=s son-in-law, addressed the Commission. Mr. Rule stated that he submitted a new site plan to the Planning Division. The Planning Manager stated that he did not have the revised site plan. Mr. Cooper suggested that the request be rescheduled so that staff could review any new documentation. 6) File 2071-Z/P: Request for a zone change from RS (Residential Single 10 Planning Commission January 24, 2011 Family Dwelling) District to GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District or more restrictive district and a specific use permit to allow a parking lot in a GC-MD-2 District. th Location: 2980 N. 16 Street Applicant: Bill Geyser for Coburn Supply Company Mr. Richardson presented the staff report. Bill Geyser, representing Coburn Supply, states that the parking lot will provide staff parking when staff meetings are held at Coburn=s office at 2912 Eastex Freeway. These meetings will be held two to three times a month. No lighting will be installed. Ingress/egress will be provided by an existing driveway on th Lightfoot and a new driveway on 16. On the property is a burned-out house that is open and accessible. To the north, east and west, GC-MD zoning exists. Engineering did make the statement that undergound drainage will be required. Mr. Richardson recommended approval of the zone change and the specific use subject to the following conditions:  An 8' tall wood screening fence and a 10' wide landscape strip will be installed along the south property line.  A 6' wide landscape strip will be installed along the parking lot th frontages on 16 and Lightfoot. Eighteen 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 Makin opened the public hearing and asked for the applicant=s comments. The applicant was not present. Chairman Makin asked for comments in favor or in opposition. th Bill Clark, 2975 N. 11 Street, addressed the Commission in favor of the request. Chairman Makin closed the public hearing. 11 Planning Commission January 24, 2011 Commissioner Nejad made a motion to approve a zone change from RS (Residential Single Family Dwelling) District to GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District and a specific use permit th to allow a parking lot in a GC-MD-2 District at 2980 N. 16 Street as requested in File 2071-Z/P, subject to the following conditions:  An 8' tall wood screening fence and a 10' wide landscape strip will be installed along the south property line.  A 6' wide landscape strip will be installed along the parking lot th frontages on 16 and Lightfoot. Commissioner Senigaur seconded the motion. Motion to approve carried 7:0. 7) File 2072-P: Request for an amended specific use permit to allow the demolition of a 10' tall wood screening fence along the east and south sides of the subject property as a requirement for a car wash in a GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District. Location: 6365 Calder Applicant: Larry Webb Mr. Richardson presented the staff report. Larry Webb, the applicant, states that the original concept for the carwash was to have an automatic wash bay and self-service bays. The purpose of the ten foot fence was to control noise. Mr. Webb states that the self-service bays were never built and he has not had any complaints since the carwash was open. Mr. Webb says that the cost and problems in maintaining a 10' tall fence outweigh the benefits. He states that the majority of the maintenance required on the fence is caused by tenants of the apartment complex backing into it, thereby weakening it and making the weight of the fence pull it down in places. Mr. Richardson recommended approval subject to the following conditions.  An 8' tall wood screening fence will be installed along the east and south property lines.  The car wash must comply with the City storm requirements and Watershed Protection Ordinance.  Hours of operation will be from 7:00 a.m. - 10 p.m. Mr. Richardson reminded the Commission that conditions 2 and 3 were put on the original specific use permit. 12 Planning Commission January 24, 2011 Nine 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 Makin opened the public hearing and asked for the applicant=s comments. The applicant was not present. Chairman Makin asked for comments in favor or in opposition. No comments were made. The public hearing was closed. Commissioner Craig made a motion to approve an amended specific use permit to allow the demolition of a 10' tall wood screening fence along the east and south sides of the subject property as a requirement for a car wash in a GC-MD-2 District at 6365 Calder as requested in File 2072-P, subject to the following conditions:  An 8' tall wood screening fence will be installed along the east and south property lines.  The car wash must comply with the City storm requirements and Watershed Protection Ordinance.  Hours of operation will be from 7:00 a.m. - 10 p.m. Commissioner Mason seconded the motion. Motion to approve carried 7:0. 8) File 2073-P: Request for a specific use permit to allow a funeral home in an RCR (Residential Conservation and Revitalization) District. Location: 1615 Park Applicant: James A. Curtis Mr. Richardson presented the staff report. The applicant, James Curtis, states that the 125 seat funeral home will include a chapel, reception area, casket display room, preparation room, arrangement room and office space. Business hours will be from 9 am to 5 pm, Monday - Friday and 9 am to 12 pm on Saturday. As needed, extended hours from 6 pm to 9 pm will be observed. Parking is an issue. 34 spaces are required and only 22 spaces are shown. The Zoning Ordinance does allow required parking within 400 feet of the subject property or Mr. Curtis could apply to the Board of Adjustment for a special exception to the parking requirement. 13 Planning Commission January 24, 2011 Mr. Richardson recommended approval subject to the following conditions:  The applicant shall provide 34 parking spaces on the subject property or within 400 feet of the subject property or apply for and be granted a special exception to the parking requirement by the Board of Adjustment.  A 6' wide landscape strip will be required along the parking lot frontages on Park and Royal. Mr. Richardson also recommended modification to the landscaping requirement along the south and east property lines (no 10' wide landscape strip). Twenty-seven 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 Makin opened the public hearing and asked for the applicant=s comments. James Curtis, the applicant, addressed the Commission. Chairman Makin asked for comments in favor or in opposition. Lin Marie Garsee, 495 Craig Street, addressed the Commission in opposition to the request. Patty Lee, 1901 Park Street, addressed the Commission in opposition to the request. Tom Cockrell, 560 Irma, addressed the Commission in opposition to the request. Rebuttal by Mr. Curtis. The public hearing was closed. Commissioner Senigaur made a motion to approve a specific use permit to allow a funeral home in an RCR (Residential Conservation and Revitalization) District at 1615 Park as requested in File 2073-P, subject to the following conditions:  The applicant shall provide 34 parking spaces on the subject property or within 400' of the subject property or apply for and be 14 Planning Commission January 24, 2011 granted a special exception to the parking requirement by the Board of Adjustment  A 6' wide landscape strip will be required along the parking lot frontages on Park and Royal  No cremations will be conducted at this facility and with a modification to the landscaping requirement along the south and east property lines (no 10' wide landscape strip). Commissioner Craig seconded the motion. Motion to approve carried 4:3 (Mason, Nejad, Bodwin). 9) File 2074-Z: Request for a zone change from NC (Neighborhood Commercial) to GC-MD (General Commercial-Multiple Family Dwelling) District or more restrictive district. Location: 7650 and 7680 Eastex Freeway Applicant: Morkin Companies, Inc. Mr. Richardson presented the staff report. Jonathon Danielson, representing Morkin Companies, states that he is requesting the zone change to allow for future expansion of his business. NC zoning only allows a structure that is 4,000 sq. ft. in size. The rest of the freeway frontage in this areas is zoned GC-MD. Mr. Richardson recommended approval of the request. Eleven 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 Makin opened the public hearing and asked for the applicant=s comments. The applicant was not present. Chairman Makin asked for comments in favor or in opposition. No comments were made. The public hearing was closed. Commissioner Nejad made a motion to approve a zone change from NC (Neighborhood Commercial) to GC-MD (General Commercial-Multiple Family Dwelling) District at 7650 and 7680 Eastex Freeway as requested in File 2074-Z. Commissioner Mason seconded the motion. Motion to approve carried 7:0. 15 Planning Commission January 24, 2011 OTHER BUSINESS THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED AT 4:50 P. M. 16