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HomeMy WebLinkAbout5-24-10 PC Minutes M I N U T E S JOINT PUBLIC HEARINGS PLANNING COMMISSION CITY COUNCIL City Council Chambers May 24, 2010 Joint Public Hearings were held on May 24, 2010 with the following members present: Commission members present: Chairman Lynda Kay Makin Commissioner Sina Nejad Commissioner Marty Craig Commissioner Walter Kyles Commissioner Eddie Senigaur Commissioner Lauren Williams Mason Commission members absent: Vice Chairman Patrick Gibbs Commissioner Glenn Bodwin Commissioner Steven Johnson Commissioner Clint Walters Councilmembers present: Mayor Becky Ames Mayor Pro-Tem Gethrel Williams-Wright Councilman-at-Large W. L. Pate Councilman Audwin Samuel Councilman Jamie D. Smith Councilmembers absent: Councilmember Alan Coleman Councilman Nancy Beaulieu Also present: Stephen Richardson, Planning Manager; Carla Gigliotta, Recording Secretary; Adina Ward, Planner; Tyrone Cooper, City Attorney; Chris Boone, Community Development Director; Kyle Hayes, City Manager APPROVAL OF MINUTES Commissioner Craig made a motion to approve the minutes of the Regular Meeting and Joint Public Hearings held April 19, 2010. Commissioner Kyles seconded the motion. Motion to approve carried 6:0. Chairman Makin announced that Item #5, File 2039-P and Item #7, File 754-OB have both been withdrawn from the agenda and will be rescheduled and heard at a later date. Planning Commission May 24, 2010 JOINT PUBLIC HEARINGS Mayor Ames called the Joint Public Hearings of May 24, 2010 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. 4) File 2034-Z: Request for a zone change from RS (Residential Single Family Dwelling) District to GC-MD (General Commercial-Multiple Family Dwelling) District or more restrictive district. Location: 5550 Eastex Freeway Applicant: 5550 Eastex Freeway, L. P. Mr. Richardson presented the staff report. Mike Lindsay, representing 5550 Eastex Freeway L.P., states that most of the office building that currently exists on the property is zoned GC-MD. However, the west 51 feet of the building and the remaining 31 feet of the subject property is zoned RS. Mr. Lindsay says that they need to expand the building for one of their current tenants. In order to make the zoning comply with how the property is currently and proposed to be developed, it needs to be rezoned to GC-MD. Mr. Richardson recommended approval of the request. 27 notices were mailed to property owners within 200 feet. One response in favor and two in opposition were returned. Slides of the subject property were shown. Chairman Makin opened the public hearing and asked for the applicant=s comments. Mike Lindsay, representative for the applicant, addressed the Commission and answered questions from the Commission. Chairman Makin asked for comments in favor or in opposition. Mrs. Smiley on behalf of the Prater Family addressed the Commission. She stated that the family plans to construct a fence around the cemetery. Chairman Makin closed the public hearing. 2 Planning Commission May 24, 2010 Commissioner Kyles made a motion to approve a zone change from RS (Residential Single Family Dwelling) District to GC-MD (General Commercial-Multiple Family Dwelling) District at 5550 Eastex Freeway as requested in File 2034-Z. Commissioner Senigaur seconded the motion. Motion to approve carried 6:0. 2) File 2035-Z/P: Request for a specific use permit to allow a place of worship in an RM-H (Residential Multiple Family Dwelling-Highest Density) District and 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. Location: West side of S. Major Drive, approximately 2,111' south of College Street Applicant: Subrahmanyam Cheruvu c/o Chinmaya Mission Beaumont Mr. Richardson presented the staff report. Subra Cheruvu, representing the Chinmaya Mission-Beaumont, states that a temple will be built on the north 6.07 acres of the property. The temple complex will include a one story worship center and educational building encompassing 8,500-9,500 sq. ft., a two story residential building to provide staff and guest quarters and a 3,500-6,000 sq. ft. community center. The phasing of the project will take development of the property through the year 2015. In addition, Chinmaya Mission-Beaumont would like to rezone the remaining five acre tract to GC-MD. No specific development plans have been submitted for this property. There is GC-MD zoning north of the temple tract and GC-MD-2 zoning east of Major. Mr. Richardson recommended approval of the specific use permit subject to the following conditions:  Provide landscape islands in the parking lot to meet City Code.  Provide 75 parking spaces plus an additional 3 ADA parking spaces.  Provide an underground drainage facility that will meet with TXDOT development approval.  Provide a sidewalk along the S. Major Drive frontage.  Provide a 25' front building setback. and with a modification to the landscaping/screening requirement along the west property line (no 8' tall wood screening fence and 10' wide landscape 3 Planning Commission May 24, 2010 strip). In addition, Mr. Richardson recommended a zone change to GC-MD-2 for the remaining 5 acres. 54 notices were mailed to property owners within 200 feet. Mr. Richardson stated that two responses were returned commenting that they would prefer the zone changed to GC-MD-2 District. Slides of the subject property were shown. Chairman Makin opened the public hearing and asked for the applicant=s comments. Subrahmanyam Cheruvu, the applicant, addressed the Commission. Chairman Makin asked for comments in favor or in opposition. Ronald Erickson, 1735 Wescalder, addressed the Commission in opposition to the request. The public hearing was closed. Commissioner Craig made a motion to approve a specific use permit to allow a place of worship in an RM-H District for property located on the west side of S. Major Drive, approximately 2,111' south of College Street as requested in File 2035-Z/P, subject to the following conditions:  Provide landscape islands in the parking lot to meet City Code  Provide 75 parking spaces plus an additional 3 ADA parking spaces  Provide an underground drainage facility that will meet with TxDOT approval  Provide a sidewalk along the S. Major Dr. frontage  Provide a 25' front building setback and with a modification to the landscaping/screening requirements along the west property line (no 8' tall wood screening fence and no 10' wide landscape strip). Commissioner Kyles seconded the motion. Motion to approve carried 6:0. Commissioner Craig made a motion to approve a zone change from RM-H 4 Planning Commission May 24, 2010 (Residential Multiple Family Dwelling-Highest Density) District to GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District for property located on the west side of S. Major Drive, approximately 2,111' south of College Street as requested in File 2035-Z/P. Commissioner Kyles seconded the motion. Motion to approve carried 5:1 (Nejad). 3) File 2036-P: Request for a specific use permit to allow a youth empowerment recreation center in the CBD (Central Business District). Location: 934 Calder Applicant: Pastors Kennedy and Deanna Andrews for Harvest for Lost Souls Mr. Richardson presented the staff report. Reverend Kennedy Andrews with Harvest for Lost Souls Outreach Church states that his church would like to convert the old YMCA racquetball gym into a youth recreation center. In 2008, his church received a specific use permit for a church property in the same building but it never materialized. The facility will serve children from ages 6-17. Hours of operation will be Thursdays and Sundays for three hours each day and periodically on weekends and summer months. All employees will be staff members of Harvest for Lost Souls Outreach Ministry. Mr. Richardson recommended approval subject to the following conditions:  No overnight shelter or public feedings will be allowed.  Provide a 3' wide landscape strip along the McFaddin Avenue frontage of the parking lot. Interior landscape islands will also be required as per the Zoning Ordinance. Twenty-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 Makin opened the public hearing and asked for the applicant=s comments. Pastor Kennedy Andrews addressed the Commission. Chairman Makin asked for comments in favor or in opposition. 5 Planning Commission May 24, 2010 Ms. Colbert addressed the Commission in favor of the request on behalf of the YMCA. The public hearing was closed. Commissioner Senigaur made a motion to approve a specific use permit to allow a youth empowerment recreation center in the CBD (Central Business District) at 934 Calder as requested in File 2036-P subject to the following conditions:  No overnight shelter or public feedings will be allowed.  Provide a 3' wide landscape strip along the McFaddin Avenue frontage of the parking lot. Interior landscape islands will also be required as per the Zoning Ordinance. Commissioner Craig seconded the motion. Motion to approve carried 6:0. 4) File 2037-P: Request for a specific use permit to allow a church in an RS (Residential Single Family Dwelling) District. Location: South side of Washington Boulevard, approximately 140' east of Blossom Drive Applicant: Mark Whiteley & Associates, Inc. Mr. Richardson presented the staff report. Calvary Tabernacle currently has a church at 1135 Chamberlin. With the selection of a new pastor in 2007, the church has grown to where it now needs to expand its facilities. The Chamberlin location does not allow for the necessary expansion. Therefore, the church would like to purchase the subject 4.1 acres on Washington. The proposed facility will include a 17,000 sq. ft. sanctuary and classrooms building, an 8,000 sq. ft. Family Life Center a 2,600 sq. ft. covered pavilion, a 5,400 sq. ft. playground area and related parking. The church is requesting a modification to the landscaping/screening requirements along the south and west sides of the property. They propose a 6' tall wood screening fence and no 10' wide landscape strip. Mr. Richardson recommended approval subject to the following conditions:  Provide an underground drainage facility. 6 Planning Commission May 24, 2010  Provide an 8' tall wood screening fence and a 10' wide landscape strip along the south and west sides of the property.  Provide the required landscape islands within the parking lot to meet City Codes.  Provide a sidewalk along the Washington Boulevard frontage. Twenty-eight 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. Pastor Vickery, 1135 Chamberlin, addressed the Commission. Chairman Makin asked for comments in favor or in opposition. Calvin Williams, 3050 Blossom, addressed the Commission in opposition to the request. Mrs. Styles, 3115 Blossom, addressed the Commission with concerns that a church would increase traffic and vandalism in the neighborhood. Ms. Hardy addressed the Commission with the same concerns regarding traffic and vandalism. Rebuttal by Pastor Vickery. The public hearing was closed. Commissioner Kyles made a motion to deny a specific use permit to allow a church in an RS District for property on the south side of Washington Boulevard, approximately 140' east of Blossom Drive as requested in File 2037-P. Motion failed for lack of a second. Commissioner Nejad made a motion to table a specific use permit to allow a church in an RS District for property on the south side of Washington Boulevard, approximately 140' east of Blossom Drive as requested in File 2037-P for further study. Commissioner Mason seconded the motion. Motion to table carried 6:0. 7 Planning Commission May 24, 2010 5) File 753-OB: Request for amendments to the Zoning Ordinance, Chapter 30, Section 30-24B, Permitted Use Table. Applicant: City of Beaumont Planning Division Mr. Richardson presented the staff report. This item is a request for amendments to the Permitted Use Table of the Zoning Ordinance. In reviewing the ordinance, it was found to have errors. For eight different land uses, boxes need to be filled in with either specific use permits or permitted by right under several zoning districts. Mr. Richardson recommended approval. Chairman Makin opened the public hearing and asked for comments. No comments were made. The public hearing was closed. Commissioner Craig made a motion to approve amendments to the Zoning Ordinance, Chapter 30, Section 30-24B, Permitted Use Table as requested in File 753-OB. Commissioner Nejad seconded the motion. Motion to approve carried 6:0. 6) File 758-OB: Request for an amendment to Section 30, City of Beaumont Zoning Ordinance to amend the paving requirements for parking lots in an Historic District. Applicant: City of Beaumont Planning Division Mr. Richardson presented the staff report. Since the passage of the Historic District regulations, there has been a concern over whether the paving of the rear yards for commercial purposes were appropriate. The issue involves the notion that once the rear yard is paved, it is likely that a residential structure used for commercial purposes will be less attractive for future residential uses. The ordinance currently requires that parking be paved with concrete, asphalt or masonry pavers. Mr. Richardson recommended that the ordinance be amended to allow pervious or semi-pervious parking surface materials that have a design acceptable to the Transportation Engineer and the Planning Manager capable of accommodating vehicles up to five thousand (5,000) lbs. of gross vehicle weight and maintained free of weeds, dust, trash and debris. 8 Planning Commission May 24, 2010 Chairman Makin opened the public hearing and asked for the comments. No comments were made. The public hearing was closed. Commissioner Nejad made a motion to approve an amendment to Section 30, City of Beaumont Zoning Ordinance to amend the paving requirements for parking lots in an Historic District as requested in File 758-OB as follows: Sec. 30-21.2(e)7f Surface Materials. The only permitted off-street parking surface materials are brushed or aggregate concrete, hot mix asphalt, masonry pavers or pervious parking surface materials capable of accommodating vehicles up to five thousand (5,000) pounds of gross vehicle weight and that allow the growth of lawn. Grass, caleche, dirt, gravel, shell, slag and clay surfaces are not permitted. Commissioner Kyles seconded the motion. Motion to approve carried 6:0. OTHER BUSINESS  Work Session - Discussion of Conservation Districts THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED. 9