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HomeMy WebLinkAbout2-21-11 PC Minutes M I N U T E S REGULAR MEETING JOINT PUBLIC HEARINGS PLANNING COMMISSION CITY COUNCIL City Council Chambers February 21, 2011 A Regular Meeting and Joint Public Hearings were held on February 21, 2011 with the following members present: Commission members present: Chairman Lynda Kay Makin Vice Chairman Patrick Gibbs Commissioner Glenn Bodwin Commissioner Sina Nejad Commissioner Walter Kyles Commissioner Sina Nejad Commissioner Lauren Williams Mason Commission members absent: Commissioner Marty Craig Commissioner Steven Johnson Commissioner Eddie Senigaur Commissioner Clint Walters Councilmembers present: Mayor Becky Ames Mayor Pro-Tem W. L. Pate Councilmember Alan Coleman Councilman Audwin Samuel Councilmembers absent: Councilmember-at-Large Gethrel Williams-Wright 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, Kyle Hayes, City Manager APPROVAL OF MINUTES Vice-Chairman Gibbs made a motion to approve the minutes of the Regular Meeting and Joint Public Hearing held January 24, 2011. Commissioner Bodwin seconded the motion. Motion to approve carried 6:0. Planning Commission February 21, 2011 REGULAR MEETING 1) File 775-OB: Request to abandon the utility easement of former Milam between Avenue E and Avenue F. Applicant: Robert Zingelmann Mr. Richardson presented the staff report. Robert Zingelmann, Director of Business and Finance for BISD, is requesting this abandonment in order to expand the cafeteria at Fletcher Elementary School. In 1997, City Council approved the abandonment of Milam between Avenues E and F, subject to the retention of a utility easement. Fletcher Elementary, which was originally built for 300 students, currently accommodates over 750. The existing cafeteria is grossly undersized. BISD plans to add additional kitchen capacity and dining area so the children can be fed in a prompt and orderly manner. The easement runs directly through the school campus. The only option for BISD is to add a 54' expansion to the existing building. This item was sent to all interested parties. ATT and Entergy have existing utility lines in the easement. Both have agreed to the abandonment subject to the utility lines being moved at BISD=s expense. Mr. Richardson recommended approval subject to the following condition:  Any utilities within the proposed abandonment will have to be moved at BISD=s expense. Chairman Makin asked for the applicant=s comments. Robert Zinglemann, the applicant, 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 utility easement of former Milam between Avenue E and Avenue F as requested in File 775-OB subject to the following condition:  Any utilities within the proposed abandonment will have to be moved at BISD=s expense. 2 Planning Commission February 21, 2011 Commissioner Bodwin seconded the motion. Motion to approve carried 6:0. 2) File 777-OB: Request to abandon a drainage easement. Location: 4975 Sassafras Lane Applicant: Michael Alfred Mr. Richardson presented the staff report. This item is a request for the abandonment of a 10' drainage easement that runs under a newly constructed house at 4975 Sassafras. The applicant, Mr. Denning, owns Lots 17 and 18, Block 4, The Woodlands Addition, Unit IV. The drainage easement runs along the property line separating Lots 17 and 18. The house was built over the easement and an 18" storm sewer line. The Public Works Dept. has approved two alternatives for the rerouting of the drainage facilities. Fittz and Shipman has submitted a plan whereby a 15' wide drainage easement along the west property line of Lot 18 will be dedicated to the City. Mr. Richardson recommended approval subject to the following conditions:  A new storm sewer pipe will be installed from the existing curb inlet on Sassafras Lane as per the Public Works Department=s letter to Mr. Dennings dated February 10, 2011.  A new 15' storm sewer easement shall be dedicated to the City and approved by City Council prior to the abandonment of the existing 10' easement.  The City of Beaumont shall be released from any liability that may arise from the existing pipe located under the newly constructed structure. Chairman Makin asked for the applicant=s comments. Francis Fontenot, 9230 Lombard, addressed the Commission on behalf of Mr. Dennings. Mr. Fontenot is the builder for Mr. Dennings. 3 Planning Commission February 21, 2011 Chairman Makin 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 request to abandon a drainage easement at 4975 Sassafras Lane as requested in File 777-OB, subject to the following conditions:  A new storm sewer pipe will be installed from the existing curb inlet on Sassafras Lane as per the Public Works Department=s letter to Mr. Dennings dated February 10, 2011.  A new 15' storm sewer easement shall be dedicated to the City and approved by City Council prior to the abandonment of the existing 10' easement.  The City of Beaumont shall be released from any liability that may arise from the existing pipe located under the newly constructed structure. Commissioner Mason seconded the motion. Motion to approve carried 6:0. ROLL CALL JOINT PUBLIC HEARINGS Mayor Ames called the Joint Public Hearings of February 21, 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 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 Applicant: Darlene Hanna Mr. Richardson presented the staff report. Darlene Hanna states that the 4 Planning Commission February 21, 2011 4,600 sq. ft. retail strip center will be anchored by the restaurant. The restaurant will be open from 10:30 a.m. to 8:00 p.m., Monday through Saturday. The rest of the strip center will be open 9 a.m. - 6 p.m., Monday through Saturday. The existing sno-cone stand will be removed. Parking will be an issue if this retail center is developed. In 2009, Ms. Hanna constructed a dance studio at 4305 Calder. Since parking is limited at that location, she was able to claim required parking on the subject property. At a minimum, the proposed shopping center will be required to have 36 parking spaces. An estimated 29 spaces can be accommodated on the site. This leaves Ms. Hannah with no overflow parking for her dance studio/retail store. 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 622 W. Lucas or reduce the size of the building to accommodate the available parking.  Reduce the driveway widths to a maximum of 35'.  Provide a six foot landscape strip along all parking lot frontages.  Construct the handicap parking spaces to meet ADA standards and specifications.  Delete a minimum of four parking spaces (as shown on the site plan) to avoid traffic conflicts. Twenty-one notices were mailed to property owners within 200 feet. No responses in favor and three in opposition were returned. Slides of the subject property were shown. Commissioner Nejad recused himself from discussion and participation in File 2070-P. Chairman Makin opened the public hearing and asked for the applicant=s comments. Darlene Hanna, the applicant, addressed the Commission and answered questions. Mark Rule, Ms. Hanna=s son-in-law, addressed the Commission. 5 Planning Commission February 21, 2011 Chairman Makin asked for comments in favor or in opposition. st Brian Dunnigan, 1910 21 Street, addressed the Commission in favor of the request. Mr. Dunnigan is the contractor for the project and addressed the parking issues. Chairman Makin closed the public hearing. Discussion followed between the Commission and Mr. Richardson followed. Commissioner Bodwin made a motion to approve 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 District at 622 W. Lucas as requested in File 2070-P, subject to the following conditions:  The owner shall apply for and receive a special exception to the parking requirement for the property at 622 W. Lucas or reduce the size of the building to accommodate the available parking.  Reduce the driveway widths to a maximum of 35'.  Provide a six foot landscape strip along all parking lot frontages.  Construct the handicap parking spaces to meet ADA standards and specifications.  Delete a minimum of four parking spaces (as shown on the site plan) to avoid traffic conflicts. Motion failed for lack of a second. Commissioner Kyles made a motion to approve 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 District at 622 W. Lucas as requested in File 2070-P, subject to the following conditions:  The owner shall apply for and receive a special exception to the parking requirement for the property at 622 W. Lucas or reduce the size of the building to accommodate the available parking.  Reduce the driveway widths to a maximum of 35'.  Provide a six foot landscape strip along all parking lot frontages.  Construct the handicap parking spaces to meet ADA standards and 6 Planning Commission February 21, 2011 specifications.  Delete a minimum of four parking spaces (as shown on the site plan) to avoid traffic conflicts. Vice-Chairman Gibbs seconded the motion. Motion to approve carried 5:0:1 (Nejad). 2) File 2075-P: Request for an amended specific use permit to allow a modification to the landscaping/screening requirements by deleting the 8' tall screening fence and 10' wide landscape strip along the east and south sides of the property as part of a specific use permit to allow dental and optometry offices in a GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District. Location: 6705, 6725 and 6755 Delaware Applicant: Beaumont Property Investments Mr. Richardson presented the staff report. In 2007, Dr. Etie, Dr. Cass and Scott Traylor received an SUP for the doctor offices. The SUP was granted subject to providing the fencing and landscape strip along the east and south property lines. The property was originally to be developed as a whole. However, in 2008, the property was subdivided into three lots. Dr. Etie has his dentistry office on Lot 1. Dr. Cass has his optometry office on Lot 2. Lot 3 is currently for sale. The doctors are asking that the fences and landscape strips be waived until such time that Lot 3 is developed and the adjacent property to the east is developed. Mr. Richardson recommended denial of the modification to the landscaping/screening requirements along the east property lines of Lots 1 and 2 and approval of the modification to the landscaping/screening requirements along the east and south property lines of Lot 3. Mr. Richardson based his recommendation of denial for Lots 1 and 2 upon the fact the while no development is currently planned for the wooded area to the east of those lots, it would be very difficult to require fencing and landscaping at such time that development occurs on the adjacent property. Ownership of properties can change, staff can change and memories fail. It would be unfair to require a future owner to install the required screening. As for Lot 3, when that property is sold and developed the landscaping/screening requirements will be required of the new owner. 7 Planning Commission February 21, 2011 Forty 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. Stephanie Cass, 185 Creekwood, Lumberton, addressed the Commission. Matt Marchak, representing Dr. Cass, addressed the Commission. 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 deny modification to the landscaping/screening requirements along the ease property lines of Lots 1 and 2 and approval of the modification to the landscaping/screening requirements along the east and south property lines of Lot 3 until such time it is developed. Commissioner Kyles seconded the motion. Motion passed 6:0. 3) File 2076-P: Request for a specific use permit to allow a trailer fabrication and repair business in a GC-MD (General Commercial-Multiple Family Dwelling) District. Location: 5480 Washington Applicant: Bryant Maraist. Mr. Richardson presented the staff report. Royce Long, owner of Long=s Trailer Repair, will be renting a 2,500 sq. ft. space in an existing commercial building for the construction and repair of trailers and parts sales. All repairs will be done inside the building. The building is being sound proofed to cut down on any noise emanating from the building. No use of chemicals that have any odors will be used on the property. Hours of operation will be 8 to 5, Monday through Friday and occasionally on Saturdays. Mr. Long states that his company does not work on anything such as chemical tanks or any large vessel type trailer other than repairing lights on such trailers. Mr. Richardson recommended approval. 8 Planning Commission February 21, 2011 Seventeen 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. Bryant Maraist, the applicant, addressed the Commission. Chairman Makin 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 specific use permit to allow a trailer fabrication and repair business in a GC-MD District at 5480 Washington as requested in File 2076-P. Commissioner Mason seconded the motion. Motion to approve carried 6:0. 4) File 776-OB: Request for amendments to the Zoning Ordinance, Section 28.03.023, Permitted Use Table, to conform to the new codification numbering and to correct typographical errors. Location: City of Beaumont Planning Division Applicant: City of Beaumont Planning Division Mr. Richardson presented the staff report. In 2006, City Council approved amendments to the Permitted Use Table to temporarily require that all uses in the CBD (Central Business District) require a specific use permit. In 2009, the City Council approved amendments to the Permitted Use Table to allow some uses by right and others with a specific use permit in the CBD. During these amendment processes, it appears that several versions of the Permitted Use Table were in use. After a thorough review, staff has compiled a Permitted Use Table that incorporates all of the changes that have been approved by City Council. In addition, approval of these amendments would make the Permitted Use Table conform to the new codification numbering of the City Code of Ordinances. Mr. Richardson recommended approval. 9 Planning Commission February 21, 2011 Chairman Makin opened the public hearing and 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 request for amendments to the Zoning Ordinance, Section 28.03.023, Permitted Use Table, to conform to the new codification numbering and to correct typographical errors as requested in File 776-OB. Commissioner Bodwin seconded the motion. Motion to approve carried 6:0. OTHER BUSINESS Workshop - Calder Place 1929 Conservation Overlay District THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED AT 5:37 P. M. 10