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HomeMy WebLinkAbout4-18-11 PC Minutes M I N U T E S REGULAR MEETING JOINT PUBLIC HEARINGS PLANNING COMMISSION CITY COUNCIL City Council Chambers April 18, 2011 A Regular Meeting and Joint Public Hearings were held on April 18, 2011 with the following members present: Commission members present: Chairman Lynda Kay Makin Vice Chairman Patrick Gibbs Commissioner Sina Nejad Commissioner Marty Craig Commissioner Walter Kyles Commissioner Lauren Williams Mason Commissioner Eddie Senigaur Commission members absent: Commissioner Glenn Bodwin Commissioner Steven Johnson Commissioner Clint Walters Councilmembers present: Mayor Becky Ames Mayor Pro-Tem W. L. Pate Councilmember-at-Large Gethrel Williams-Wright Councilman Audwin Samuel Councilmember Alan Coleman Councilman Jamie Smith Also present: Stephen Richardson, Planning Manager; Jill Cole, Recording Secretary; Adina Ward, Planner; Tyrone Cooper, City Attorney; Courtney Davis, Davis, Assistant City Attorney II APPROVAL OF MINUTES Commissioner Craig made a motion to approve the minutes of the Regular Meeting and Joint Public Hearings held March 21, 2011 and the minutes of the Joint Public Hearing held March 28, 2011. Commissioner Senigaur seconded the motion. Motion to approve carried 7:0. Planning Commission April 18, 2011 REGULAR MEETING 1) Replat - Lots 1-2, Ledet Addition: Request for a replat of a called 19.9931 acre tract, a 2.3766 acre tract and Lot 4, Block 3, Woodlands Oaks, Section One, Replat, save and except a 0.599 acre tract, into Lots 1-2, Ledet Addition. Location: 7335 Oak Lane and 5105 Gail Drive Applicant: Faust Engineering & Surveying, Inc. Mr. Richardson presented the staff report. Faust Engineering states that the purpose of the replat is to create two single family residential lots. The applicant is requesting a variance to the minimum lot frontage requirement. The Subdivision Regulations state that the minimum lot frontage shall be the same as the required minimum lot width. The property that makes up Lot 1 originally had 80' of frontage on Gail Drive. DD#6 acquired 70.24' of that frontage and then granted the adjacent property owner a 70.24' access easement. Actual frontage for Lot 1 is 9.76. This item was sent to all interested parties. No negative responses were received. Mr. Richardson recommended approval of the replat and a variance to the minimum lot frontage requirement from 50' to 9.76'. Nineteen notices were mailed to property owners within 200 feet and within the same subdivision. No responses in favor or in opposition were received. Chairman Makin opened the public hearing and asked for the applicant=s comments. Jeremy Mitchell with Faust Engineering, the applicant, addressed the Commission and answered questions. William Kinnear, 4935 Brace Street, addressed the Commission in opposition to the request. Sherryl Kinnear, 4935 Brace Street, addressed the Commission in opposition to the replat. Rebuttal by Mr. Mitchell. 2 Planning Commission April 18, 2011 Chairman Makin closed the public hearing. Commissioner Nejad made a motion to approve the a portion of Lot 4, Block 3, Woodland Oaks Addition, Section One into Lots 1-2, Ledet Addition at 7335 Oak Lane and 5105 Gail Drive as requested. Commissioner Craig seconded the motion. Motion to approve carried 7:0. 2) Replat - Lot 1, Block 1, Jack In The Box No. 4808 Addition: Request for a replat of the remainder of Lots 15-16 and all of Lots 14-17, Block 52, Averill Addition into Lot 1, Block 1, Jack In The Box No. 4808 Addition. th Location: 610 and 680 N. 11 Street Applicant: Montgomery and Barnes, Inc. Mr. Richardson presented the staff report. Montgomery & Barnes, Inc., representing Jack In The Box, states that Jack In The Box has revised its plans and now is under contract to buy the Patillo BBQ Restaurant and a portion of the Southeast Texas Cardiology property. All of the subject property is zoned GC-MD. The purpose for the replat is to combine the four lots into one and to give the subdivision a new name. Given past controversy concerning similar proposals at this site, it should be noted that for the new restaurant to be built, the City of Beaumont Subdivision Regulations do not require that Jack In The Box replat these lots. It is their desire to go through the platting process. The request was sent to all interested parties. At the time of construction, Planning will require sidewalks. In addition, Water Utilities had an issue with the sanitary sewer easement running east to west across the property. Mr. Richardson recommended approval of the replat subject to the following conditions: th  Sidewalks shall be required along 11 Street, North Street and McFaddin Street at the time of construction.  The 10' sanitary sewer easement shown on the plat shall be eliminated. In addition, a manhole will be set just inside the east property line and a 10' x 10' exclusive sanitary sewer easement shall be dedicated. The sewer line to the west of the manhole shall become private. 3 Planning Commission April 18, 2011 Twenty-seven notices were mailed to property owners within 200 feet and within the same subdivision. Seven notices in opposition and none in favor were returned. Mr. Richardson stated that he received numerous petitions from property owners outside the 200 foot radius. Chairman Makin opened the public hearing and asked for the applicant=s comments. Lou Ann Montana with Montgomery and Barnes, Inc., the applicant, addressed the Commission. Chairman Makin asked for comments in favor or in opposition. Suzanne Roane, 940 Bryan Lane, Lumberton, addressed the Commission in opposition. Ms. Roane owns the property at 2688 North Street. Chairman Makin closed the public hearing. Commissioner Mason made a motion to approve a replat of the remainder of Lots 15-16 and all of Lots 14-17, Block 52, Averill Addition into Lot 1, th Block 1, Jack In The Box No. 4808 Addition at 610 and 680 N. 11 Street, subject to the following conditions: th  Sidewalks shall be required along 11 Street, North Street and McFaddin Street at the time of construction.  The 10' sanitary sewer easement shown on the plat shall be eliminated. In addition, a manhole will be set just inside the east property line and a 10' x 10' exclusive sanitary sewer easement shall be dedicated. The sewer line to the west of the manhole shall become private. Commissioner Senigaur seconded the motion. Motion to approve carried 7:0. 3) File 779-OB: Request for a waiver of sidewalks for Triumph Church. Location: 10255 Eastex Freeway Applicant: Tom Rowe for Mark Whiteley & Associates, Inc. Mr. Richardson presented the staff report. Mark Whiteley & Associates is representing Triumph Church. Triumph is constructing a new building. The City required sidewalks along Old Voth Road. Mark Whiteley states 4 Planning Commission April 18, 2011 that the existing ditch along Old Voth extends to the existing right-of-way line. If a sidewalk was constructed within the right-of-way as required, the existing ditch would need to be modified and that is not feasible at this location. Because of the nature of the site and its location, Mark Whiteley is unable to engineer a sidewalk in this location that is safe for the public and will not impede the drainage along Old Voth Road. Mr. Richardson recommended approval. Chairman Makin asked for comments. No comments were made. Commissioner Kyles made a motion to approve a waiver of sidewalks for Triumph Church at 10255 Eastex Freeway as requested in File 779-OB. Commissioner Craig seconded the motion. Motion to approve carried 6:1 (Nejad). ROLL CALL JOINT PUBLIC HEARINGS Mayor Ames called the Joint Public Hearings of April 18, 2011 to order and explained the purpose of the joint hearing process and then turned the meeting over to Chairman Makin. Chairman Makin explained the policies and procedures for the hearing process. 1) File 2085-P: Request for an amended specific use permit to add an elementary school to an existing middle/high school in an RS (Residential Single Family Dwelling) District. Location: 8200 Highway 105 Applicant: Southeast Educational Foundation Trust dba Legacy Christian Academy Mr. Richardson presented the staff report. Legacy Christian Academy th would like to add pre-school through 5 grade classes in five double classrooms incorporating 17,920 sq. ft., a 10,400 sq. ft. gymnasium and restrooms. The buildings will be placed between the existing gym and the football stadium. Mr. Richardson recommended approval. 5 Planning Commission April 18, 2011 Eighty-one notices were mailed to property owners within 200 feet. Three notices 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. Roger Pricer, Director of Legacy Christian Academy, the applicant, addressed the Commission and answered questions. Chairman Makin asked for comments in favor or in opposition. No comments were made. Chairman Makin closed the public hearing. Commissioner Craig made a motion to approve an amended specific use permit to add an elementary school to an existing middle/high school in an RS (Residential Single Family Dwelling) District at 8200 Highway 105 as requested in File 2085-P. Commissioner Mason seconded the motion. Motion carried 7:0. 2) File 2086-P: Request for a specific use permit to allow a columbarium in an RS (Residential Single Family Dwelling) District. Location: 3430 Harrison Applicant: Trinity United Methodist Church Mr. Richardson presented the staff report. Sigma Engineering, representing Trinity United Methodist Church, states that the columbarium will be located at the northwest corner of Harrison and Longfellow. The facility will consist of two structures, landscaped areas and sidewalks surrounding the site. The walls of the columbarium will provide niches to be used for the deposit of cinerary urns of the deceased. Mr. Richardson recommended approval of the request. Fifty-six notices were mailed to property owners within 200 feet. Eight responses in favor and three in opposition were returned. Slides of the subject property were shown. Chairman Makin opened the public hearing and asked for the applicant=s 6 Planning Commission April 18, 2011 comments. Sandra Clark, Chairman of the Board of Trustees of Trinity United Methodist Church, addressed the Commission. 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 specific use permit to allow a columbarium in an RS (Residential Single Family Dwelling) District at 3430 Harrison as requested in File 2086-P. Commissioner Mason seconded the motion. Motion passed 6:0:1 (Nejad). 3) File 2087-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: 2623 Hoover Applicant: Arturo Rabago Mr. Richardson presented the staff report. Arturo Rabago, representing Spanish United Pentecostal Church, has applied for the zone change so that the church would be allowed to grow without acquiring specific use permits. The church is wanting to add a 4,000 sq. ft. building and additional parking. Since the property is zoned LI, a specific use permit would be required to expand. The neighborhood is a mix of land uses and zoning. Mr. Richardson stated that he felt that the zone change is reasonable because the church=s plans for expansion would be an asset to the community and would not negatively affect the surrounding neighborhood if no specific use permit was required. Mr. Richardson recommended approval. Thirty-one notices were mailed to property owners within 200 feet. One response in favor and three in opposition were returned. Slides of the subject property were shown. Chairman Makin opened the public hearing and asked for the applicant=s 7 Planning Commission April 18, 2011 comments. Mr. Rabago addressed the Commission. Chairman Makin asked for comments in favor or in opposition. No comments were made. The public hearing was closed. Vice-Chairman Gibbs made a motion to approve a zone change from LI (Light Industrial) District to GC-MD (General Commercial-Multiple Family Dwelling) District at 2623 Hoover as requested in File 2087-Z. Commissioner Nejad seconded the motion. Motion to approve carried 7:0. 4) File 2088-P: Request for an amended specific use permit to allow the expansion of a funeral home in a GC-MD (General Commercial-Multiple Family Dwelling) District. Location: 3522 Washington Applicant: Reverend Walter and Lashon Proctor Mr. Richardson presented the staff report. In 1999, City Council approved a specific use permit to allow the mortuary. In 2009, City Council approved an amended specific use permit to allow an expansion. That expansion was never built. Reverend Walter and Lashon Proctor would now like to add 1,560 sq. ft. of mortuary space and approximately 3,500 sq. ft. of garage space. In addition, the original parking layout and traffic circulation pattern will be reconfigured. Mr. Richardson recommended approval subject to the following conditions: th  Extend the existing fence along 9 Street to the most north end of the parking lot.  Sidewalks will be constructed along Washington.  The parking lot frontages along Washington shall be required to have a 6' wide landscape strip. Twenty-eight 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. 8 Planning Commission April 18, 2011 Chairman Makin opened the public hearing and asked for the applicant=s comments. Reverend Walter Proctor and Lashon Proctor addressed the Commission. 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 Kyles made a motion to approve an amended specific use permit to allow the expansion of a funeral home in a GC-MD District at 3522 Washington as requested in File 2088-P, subject to the following conditions:  Sidewalks will be constructed along Washington.  The parking lot frontages along Washington shall be required to have a six foot wide landscape strip. OTHER BUSINESS THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED AT 4:10 P. M. 9