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HomeMy WebLinkAbout9-20-10 PC Minutes M I N U T E S REGULAR MEETING PLANNING COMMISSION City Council Chambers September 20, 2010 A Regular Meeting was held on August 16, 2010 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 Walter Kyles Commissioner Lauren Williams Mason Commission members absent: Commissioner Steven Johnson Commissioner Clint Walters Commissioner Eddie Senigaur Councilmembers present: Mayor Becky Ames Mayor Pro-Tem W. L. Pate Councilmember Gethrel Williams-Wright Councilmember Alan Coleman Councilman Nancy Beaulieu Councilman Jamie D. Smith Councilman Audwin Samuel Also present: Stephen Richardson, Planning Manager; Jill Cole, Recording Secretary; Adina Ward, Planner; Tyrone Cooper, City Attorney; Chris Boone, Community Development Director APPROVAL OF MINUTES Commissioner Craig made a motion to approve the minutes of the Regular Meeting and Joint Public Hearings held August 16, 2010. Commissioner Bodwin seconded the motion. Motion to approve carried 7:0. REGULAR MEETING 1) Replat - Metropolitan Park, Phase I, Pad Sites A-F & Condo, Phases I-III: Request for a replat of Metropolitan Park, Phase I into Metropolitan Park, Phase I, Pad Sites A-F & Condo, Phases I-III. Location: Dowlen Road at Metropolitan Drive Applicant: Leap Engineering, Inc. Mr. Richardson presented the staff report. In May, 2008, the final plat of Metropolitan Park, Phase I was filed for record. It was platted as one large lot. Bryan Lee, the owner, would now like to replat the lot into various outparcels for development. Mr. Richardson recommended approval subject to the following conditions:  Show all private access easements on the replat.  Access to Dowlen Road will be limited to one ingress/egress. One notice was mailed to property owners within the subdivision. 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. None were made. The public hearing was closed. Commissioner Kyles made a motion to approve a replat of Metropolitan Park, Phase I into Metropolitan Park, Phase I, Pad Sites A-F & Condo, Phases I-III located at Dowlen Road at Metropolitan Drive subject to the following conditions:  Show all private access easements on the replat.  Access to Dowlen Road will be limited to one ingress/egress. Vice-Chairman Gibbs seconded the motion. Motion to approve carried 6:1 (Nejad). 2) Replat - Paul Boudreaux Addition No. 1, Lots 1-3: Request for a replat of Tr. 60, J. W. Bullock Survey, Abstract 7, Plat B3 into Paul Boudreaux Addition No. 1, Lots 1-3. Location: 4070-4090 Houston Applicant: Access Surveyors Mr. Richardson presented the staff report. The subject property has had three small houses on it for many years. The purpose of this replat is to give each house a separate legal description roughly along the lines of the Last Will and Testament of Paul Boudreaux. His will called for two tracts at 45' and one 60' which would not fit as the houses currently exist. Mr. Richardson recommended approval with variances to the following: Planning Commission September 20, 2010  Lot 1 - lot width, lot depth, rear setback, lot area  Lot 2 - lot depth, rear setback, lot area  Lot 3 - lot depth, rear setback, lot area. Twenty-seven notices were mailed to property owners within 200' and within the same subdivision. One in favor and one in opposition were returned. Chairman Makin opened the public hearing and asked for comments. Geraldine Tibbets, 4900 Houston, addressed the Commission. Wilbert Lyons, 2530 Lela, addressed the Commission. Chairman Makin closed the public hearing. Commissioner Mason made a motion to approve a replat of Tr. 60, J. W. Bullock Survey, Abstract 7, Plat B3 into Paul Boudreaux Addition No. 1, Lots 1-3 at 4070-4090 Houston as requested subject to variances to the following:  Lot 1 - lot width, lot depth, rear setback, lot area  Lot 2 - lot depth, rear setback, lot area  Lot 3 - lot depth, rear setback, lot area. Commissioner Nejad seconded the motion. Motion to approve carried 7:0. 3) Preliminary Plat - Santa Rosa Estates, Phase I: Request for a Preliminary Plat of Santa Rosa Estates, Phase One; a 16.43 acre tract out of the H. T. & B.R.R. Co. Survey. Location: West side of Smith Road south of Walden Applicant: Faust Engineering & Surveying, Inc. Mr. Richardson presented the staff report. This item is a request for a preliminary plat of Santa Rosa Estates, Phase I, a 5 lot single family residential subdivision. The property is located on the west side of Smith Road, south of Walden. Phase I is part of an overall 29 lot subdivision. The property is located in the City=s ETJ. Streets will follow the rural street standards and will 3 Planning Commission September 20, 2010 have 60' wide rights=-of-way with 20 wide concrete pavements and open ditches for drainage. The Meeker Municipal Water District will provide water. Each lot will have an individual on-site sewerage facility. The applicant is requesting a variance to the temporary cul-de-sac length requirement from 800' to 1,640'. Mr. Richardson recommended approval subject to the following conditions:  Show the addresses on the plat.  Provide the name and signature of the owner on the preliminary plat.  Provide the street name.  Sidewalks will be required along the unnamed street and Smith Road. and with a variance to the temporary cul-de-sac length requirement from 800' to 1, 640'. Chairman Makin asked for the applicant=s comments. The applicant was not present. Commissioner Bodwin made a motion to approve a Preliminary Plat of Santa Rosa Estates, Phase One; a 16.43 acre tract out of the H. T. & B.R.R. Co. Survey on the west side of Smith Road south of Walden subject to the following conditions:  Show the addresses on the plat.  Provide the name and signature of the owner on the preliminary plat.  Provide the street name.  Sidewalks will be required along the unnamed street and Smith Road. and with a variance to the temporary cul-de-sac length requirement from 800' to 1, 640'. Commissioner Craig seconded the motion. Motion to approve carried 7:0. 4 Planning Commission September 20, 2010 JOINT PUBLIC HEARING Mayor Ames called the Joint Public Hearings of September 20, 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. 1) File 2049-P: Request for a specific use permit to allow a church in an RS (Residential Single Family Dwelling) District. Location: 150 Lethia Street Applicant: Magnolia Missionary Baptist Church of Beaumont Mr. Richardson presented the staff report. Magnolia Missionary Baptist Church would like to move a 14' x 40' building onto a vacant lot that the church has acquired. The lot is across the street from the main church facility. The building will be used for a variety of church related activities. Mr. Richardson recommended approval subject to the following conditions:  The building must meet the 25' front yard building setback, 5' side yard building setbacks and 25' rear yard building setback.  Since the building is to be moved onsite, it will meet the State of Texas Industrialized Housing and Building standards and conform to Sec. 30-35.1 of the Zoning Ordinance.  An 8' tall wood screening fence shall be constructed along the west and south property lines of the subject property. and with a modification to the landscaping requirement along the west and south property lines (no 10' wide landscape strip). Thirty-three notices were mailed to property owners within 200 feet. Two responses in favor and none in opposition were returned. Slides of the subject property were shown. Commissioner Nejad abstained from discussion on File 2049-P. Chairman Makin opened the public hearing and asked for the applicant=s comments. 5 Planning Commission September 20, 2010 Reverend Dwight Benoit of Magnolia Missionary Baptist Church addressed the Commission and answered questions. Chairman Makin asked for comments in favor or in opposition. Charles Smith addressed the Commission on behalf of his father=s estate (Eddie Smith Estate) and stated that the estate does not plan to sell the property. Karen Smith addressed the Commission on behalf of her father=s estate. Rebuttal by Pastor Benoit. Chairman Makin closed the public hearing. Discussion followed between the Commission, Pastor Benoit, Council and staff. C. E. Smith, Jr., 3410 Astor, addressed the Commission on behalf of his father=s estate. Commissioner Mason made a motion to approve a specific use permit to allow a church in an RS District at 150 Lethia Street as requested in File 2049-P subject to the following:  The building must meet the 25' front yard building setback, 5' side yard building setbacks and 25' rear yard building setback  Since the building is to be moved onsite, it will meet the State of Texas Industrialized Housing and Building standards and conform to Sec. 30-35.1 of the Zoning Ordinance.  An 8' tall wood screening fence shall be constructed along the west and south property lines of the subject property. The fence along the west property line of the subject property will be waived if Magnolia Missionary Baptist Church purchases Lot 3, Block 8, North First Addition by September 20, 2012. and with a modification to the landscaping requirement along the west and south property lines (no 10' landscape strip). 6 Planning Commission September 20, 2010 Commissioner Kyles seconded the motion. Motion to approve carried 6:0:1 (Nejad). 2) File 2050-P: Request for a specific use permit to allow a pre-owned auto sales and payday loan business in a GC-MD-2 (General Commercial-Multiple Family Dwelling) District. Location: 5710 Concord Applicant: G.M.K. Original, LLC Mr. Richardson presented the staff report. In August, City Council approved a zone change to GC-MD-2 for this property. At that time, Nikolas Klironomos stated that he would like to operate a used car lot and a payday loan business. He will place a 750 sq. ft. building on the property to be used for the office space for the business. Mr. Richardson recommended approval subject to the following conditions:  The applicant shall provide one ADA space with an accessibility aisle in the parking lot.  Provide five trees along the Concord Road frontage.  Since the building is being moved onsite, it will meet the State of Texas Industrialized Housing and Building Standards and conform to Sec. 30-35.1 of the Zoning Ordinance.  Provide a sidewalk along Concord Road. Fifteen 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. Nikolas Klironomo, the applicant, addressed the Commission and answered questions. 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 the request for a specific 7 Planning Commission September 20, 2010 use permit to allow a pre-owned auto sales and payday loan business in a GC-MD-2 District at 5710 Concord as requested in File 2050-P, subject to the following conditions:  The applicant shall provide one ADA space with an accessibility aisle in the parking lot.  Provide five trees along the Concord Road frontage.  Since the building is being moved onsite, it will meet the State of Texas Industrialized Housing and Building Standards and conform to Sec. 30-35.1 of the Zoning Ordinance.  Provide a sidewalk along Concord Road. Commissioner Nejad seconded the motion. Motion to approve carried 7:0. 3) File 2051-P: Request for a specific use permit to allow a drive-thru restaurant in an NC (Neighborhood Commercial) District. Location: Southeast corner of Delaware and Briarcliff Applicant: William H. Munro, IV Mr. Richardson presented the staff report. Bill Munro would like to operate a drive-thru restaurant that would serve crawfish on a seasonal basis, roughly January 1 - July 1. The restaurant will be housed in a 900 sq. ft. building and be open 4-9 weekdays and 11 - 9 on weekends. The restaurant will be drive-thru only. No alcohol will be served. The submitted site plan shows two curb cuts, one on Delaware and one on Briarcliff. Customers will enter the site on Briarcliff and exit on Delaware. An 8' tall wood screening fence will be installed along the south property line along with a 2' wide landscape strip planted with ground cover. Four parking spaces are shown. The two parking spaces in the southwest corner of the property are only 2' from the south property line and right up to the west property line. Mr. Richardson recommended denial of this item. Braircliff is only 18' wide and is a local residential street. To allow commercial traffic on a residential street is not an acceptable practice. Adequate buffering is not provided along the south property line and inadequate screening of parking is not provided along Briarcliff. In addition, this property is located in an area with a very heavy traffic load. There is already one curb cut on this lot serving the cell tower. This property is also at the beginning of the 8 Planning Commission September 20, 2010 school zone for All Saints School. Eighteen notices were mailed to property owners within 200 feet. Four responses in opposition and six more in opposition that are outside the 200 feet. Slides of the subject property were shown. Chairman Makin opened the public hearing and asked for the applicant=s comments. Josh Munro and Bill Munro, the applicants, addressed the Commission and answered questions. Chairman Makin asked for comments in favor or in opposition. Carl White, 2328 Briarcliff, spoke in opposition to the request. Carolyn Johnson, 2315 Briarcliff, spoke in opposition to the request. Rebuttal by Bill Munro. Chairman Makin closed the public hearing. Vice-Chairman Gibbs made a motion to deny a specific use permit to allow a drive-thru restaurant in an NC (Neighborhood Commercial) District at the southeast corner of Delaware and Briarcliff as requested in File 2051-P. Commissioner Bodwin seconded the motion. Motion to deny carried 7:0. 4) File 2052-P: Request for a specific use permit to allow a professional office in an RCR-H (Residential Conservation and Revitalization-H) District. Location: 2524 Broadway Applicant: W. Moodye Williamson Mr. Richardson presented the staff report. The Beaumont Teachers Association will use the office for their headquarters. The 10 member Board of Directors will meet there once a month and as needed. The Association=s files will be kept there as well. Last month, City Council approved a specific use permit for a bookkeeping office in an adjacent space. Mr. Richardson recommended approval. 9 Planning Commission September 20, 2010 Thirty-seven 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. Albert Williamson, the applicant=s son, 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 request for a specific use permit to allow a professional office in an RCR-H District at 2524 Broadway as requested in File 2052-P. Vice-Chairman Gibbs seconded the motion. Motion to approve carried 7:0. 5) File 2053-P: Request for a specific use permit to allow a plumbing contractor in a GC-MD (General Commercial-Multiple Family Dwelling) District. th Location: 605 and 780 S. 4 Street Applicant: James Flowers for All Star Plumbing Mr. Richardson presented the staff report. James Flowers, owner of All Star Plumbing, wants to move his business into the existing buildings on the subject property. He will use the rear of the property to park commercial vehicles and use for storage of materials. The rear of the property is surrounded by a 6' tall chain link fence. Along the Fannin and San Jacinto street frontages shrubs and crepe myrtles will be planted. Mr. Richardson recommended approval with a modification to the screening requirement (no 8' tall screening fence along the Fannin and San Jacinto street frontages). Fourteen 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. 10 Planning Commission September 20, 2010 Polly Flowers, 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 th allow a plumbing contractor in a GC-MD District at 605 and 780 S. 4 Street as requested in File 2053-P with a modification to the screening requirement (no 8' tall screening fence along the Fannin and San Jacinto street frontages). Commissioner Bodwin seconded the motion. Motion to approve carried 8:0. 6) File 2054-P: Request for specific use permit to allow a vehicle storage and a paint and body shop in a GC-MD (General Commercial-Multiple Family Dwelling) District. Location: 4965 Wall Street Applicant: Southeast Texas Holden Recovery, LP Mr. Richardson presented the staff report. It is the intent of Southeast Texas Holdem Recovery to work and store vehicles of Martin Motors and/or their customers= vehicles. No paint and body work will be done for the general public. The firm will be storing an average of fifteen vehicles at any given time as well as working on an average of four vehicles in the paint and body shop. Mr. Richardson recommended approval subject to the following condition:  If there is discharge of water from drains or sumps, coordinate with Water Quality to discuss pre-treatment or grease and grit program. Twenty-two notices were mailed to property owners within 200 feet. Two responses 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. Robert McDonald of Martin Motors addressed the Commission. Chairman Makin asked for comments in favor or in opposition. No 11 Planning Commission September 20, 2010 comments were made. The public hearing was closed. Commissioner Craig made a motion to approve a specific use permit to allow a vehicle storage and a paint and body shop in a GC-MD District at 4965 Wall Street as requested in File 2054-P subject to the following condition:  If there is discharge of water from drains or sumps, coordinate with Water Quality to discuss pre-treatment or grease and grit program. Commissioner Mason seconded the motion. Motion to approve carried 7:0. 7) File 764-OB: Request for a street name change from Ollie Street to Barbara Lynn Street for that portion of Ollie Street from Usan Street to SP Road. Applicant: City of Beaumont Planning Division Mr. Richardson presented the staff report. Councilman Jamie Smith has asked that the City honoring the rhythm and blues singer, Barbara Lynn. The Beaumont native was born Barbara Lynn Ozen on January 16, 1942. While in school, her parents bought her an electric guitar and being a poet, she soon started parted putting her words to music. In the mid-50's, Barbara was taken under the wing of New Orleans blues singer and DJ, Clarence A Bon Ton @ Garlow. Also during that time, Barbara and her sister traveled to Lake Charles to sing background vocals on sessions for the Goldband Label. By the late >50's, Barbara was playing around the Beaumont area, fronting her group Bobbie Lynn and the Idols. An all-girl band, they wore pants and specialized in Elvis Presley songs, earning her the nickname, A the Black Elvis @. News of Barbara=s performances spread and soon grabbed the attention of local record man, Huey P. Meaux. Meaux set about negotiating a deal for his protege=. He eventually enticed the Jamie Label of Philadelphia into a licensing agreement. Soon her record, A You=ll Lose A Good Thing @, which she wrote while a student Hebert High School, entered the Billboard Hot 100 in June, 1962. By August, the record had replaced Ray Charles= A I Can=t Stop Loving You @ atop the R&B charts and was #8 on the Pop charts. During this time, she appeared twice on American Bandstand. 12 Planning Commission September 20, 2010 Several albums and singles followed. Barbara toured the country with many legends of the R& B music industry including B.B. King, Otis Redding, Sam Cooke, James Brown, Al Green, Carla Thomas, Marvin Gaye, Ike and Tina Turner and the Temptations. Barbara also appeared at the Apollo Theater in New York. After living in Los Angeles for a number of years with her husband and three children, she returned to Beaumont after her husband=s death. She lives here today, on Ollie Street. Through the years, Barbara has seen her music recorded by other artists, including Aretha Franklin, Freddie Fender and the Rolling Stones. In 1999, Barbara Lynn was given a Pioneer Award by the Rhythm and Blues Foundation. Mr. Richardson recommended approval of the request. Fifty notices were mailed to property owners adjacent to Ollie Street. No responses in favor or in opposition were returned. Chairman Makin opened the public hearing and asked for comments. Councilman Smith addressed the Commission. Barbara Lynn addressed the Commission. Chairman Makin closed the public hearing. Commissioner Craig made a motion to approve a street name change from Ollie Street to Barbara Lynn Street for that portion of Ollie Street from Usan Street to SP Road as requested in File 764-OB. Commissioner Bodwin seconded the motion. Motion to approve carried 7:0. 8) File 765-OB: Request for a sidewalk variance. Location: Eastex Freeway, north of Tram Road Applicant: Mark W. Whiteley & Associates, Inc. Mr. Richardson presented the public hearing. This item is a request for a sidewalk variance. The properties are located on the east side of Old Voth Road and north of Tram. Tom Rowe with Mark Whiteley & Associates states that the existing ditch along Old Voth Road extends to the existing right-of-way line. If a sidewalk was constructed within the right-of-way, as required, the existing drainage would need to be modified and that is not feasible at this location. 13 Planning Commission September 20, 2010 Along Eastex Freeway, the existing drainage facility is an open ditch and the owner of the site would have to work with TXDOT to try and permit a sidewalk that basically would only serve this site. There is no other sidewalk in the near vicinity of this tract. Due to the nature of the site, its location and the inability to engineer a sidewalk in this location that is safe for the public and will not impede the drainage along Old Voth Road, Mr. Rowe does not feel that sidewalks should be required. Mr. Richardson recommended approval. 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 Kyles made a motion to approve a request for a sidewalk variance located on Eastex Freeway, north of Tram Road as requested in File 765-OB. Vice-Chairman Gibbs seconded the motion. Motion to approve carried 7:0. OTHER BUSINESS THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED AT 4:37 P. M. 14