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HomeMy WebLinkAbout11-15-10 PC Minutes M I N U T E S JOINT PUBLIC HEARINGS PLANNING COMMISSION CITY COUNCIL City Council Chambers November 15, 2010 Joint Public Hearings were held on November 15, 2010 with the following members present: Commission members present: Vice Chairman Patrick Gibbs Commissioner Glenn Bodwin Commissioner Sina Nejad Commissioner Marty Craig Commissioner Walter Kyles Commissioner Lauren Williams Mason Commission members absent: Chairman Lynda Kay Makin 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 Councilmembers absent: 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 Kyles made a motion to approve the minutes of the Regular Meeting and Joint Public Hearings held October 18, 2010. Commissioner Craig seconded the motion. Motion to approve carried 6:0. Planning Commission November 15, 2010 JOINT PUBLIC HEARINGS Mayor Ames called the Joint Public Hearings of October 18, 2010 to order and explained the purpose of the joint hearing process and then turned the meeting over to Vice-Chairman Gibbs. He explained the policies and procedures for the hearing process. 1) File 2055-P: Request for an amended specific use permit to allow a fluid power distributor in a GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District. Location: 2220 Calder Applicant: Controlled Fluids, Inc. Mr. Richardson presented the staff report. The subject item was mistakenly posted with the wrong zoning classification so it must be heard again. At the October 18 Joint Public Hearing, the Planning Commission recommended approval. In October, 2002, Controlled Fluids, Inc. received a specific use permit to allow a fluid power distributor at 2220 Calder. That approval was based on three conditions. One of those conditions required that the two most easterly rear driveways be closed and that the most westerly driveway be open to limited vehicular access. In February, 2010, Mr. Richardson responded to a phone call from Dixon Conn, President of Controlled Fluids. Mr. Conn stated that he had fenced his property, removed the barriers from the driveways and put gates at these driveways. Mr. Richardson told Mr. Conn that while the Calder reconstruction was in front of his business, he would be allowed to use the rear driveways. However, once the construction was complete, he would be required to either close the easterly driveway or ask for an amended specific use permit. In this requested amendment to the specific use permit, Mr. Conn asks that the center driveway remain closed and that limited vehicular access be allowed to the most easterly and westerly driveways along McFaddin. Slides of the subject property were shown. Mr. Richardson recommended approval subject to the following condition:  The center driveway shall remain closed and limited access shall be allowed to the most easterly and westerly driveways along 2 Planning Commission November 15, 2010 McFaddin. Thirty-three 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. Vice-Chairman Gibbs opened the public hearing and asked for the applicant=s comments. The applicant was present, but did not comment. Vice-Chairman Gibbs 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 a fluid power distributor in a GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District located at 2220 Calder as requested in File 2055-P, subject to the following condition:  The center driveway shall remain closed and limited access shall be allowed to the most easterly and westerly driveways along McFaddin. Commissioner Craig seconded the motion. Motion to approve carried 6:0. 2) File 2057-Z: Request for a zone change from RCR (Residential Conservation and Revitalization) District to LI (Light Industrial) District. Location: South side of Hollywood, approximately 890' east of the intersection of Hollywood and Canal Street Applicant: Beaumont Iron and Metal Corporation Mr. Richardson presented the staff report. Gaile Henry, representing Beaumont Iron and Metal Corporation, has applied for this zone change for property that it owns. The property immediately to the west of the subject property is zoned LI and is also owned by Beaumont Iron. They use that property for the storage of containers and trailers and employee parking. They would like to use the subject property for the same thing. Mr. Henry states that no scrap processing or storage will be done on the subject property. The property will have to be properly screened and landscaped along the east and south sides of the property. 3 Planning Commission November 15, 2010 th Just prior to the October 18 Joint Hearing, Mr. Richardson received a petition with 88 signatures protesting the zone change. Based upon that information, the applicant asked for a one month tabling of the request. Mr. Richardson reviewed the petition to see how many protestors were within 200 feet of the subject property. Only one of those who signed the petition is within 200 feet and one other lives within the neighborhood but outside the 200 feet. The rest of the 88 in opposition live in other parts of the city. Mr. Richardson recommended approval of the request. 41 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. Vice-Chairman Gibbs opened the public hearing and asked for the applicant=s comments. Gaile Henry, the applicant, addressed the Commission and answered questions. Vice-Chairman Gibbs asked for comments in favor or in opposition. No comments were made. The public hearing was closed. Commissioner Nejad made a motion to approve the request for a zone change from RCR (Residential Conservation and Revitalization) District to LI (Light Industrial) District for property located on the south side of Hollywood, approximately 890' east of the intersection of Hollywood and Canal Street as requested in File 2057-Z. Commissioner Bodwin seconded the motion. Motion to approve carried 6:0. 3) File 2062-Z: Request for a zone change from RCR-H/HC (Residential Conservation and Revitalization-H/Historic-Cultural Landmark Preservation Overlay) District to GC-MD (General Commercial-Multiple Family Dwelling/Historic-Cultural Landmark Preservation Overlay) District. Location: 2611 Laurel Applicant: City of Beaumont Mr. Richardson presented the staff report. In 1989, the City of Beaumont 4 Planning Commission November 15, 2010 Planning Division performed a zoning study for a portion of the Old Town area. The proposed zoning followed lot lines. The subject property, which consists of the West 23 2' of Lot 2 and the East 26 2= of Lot 3 was divided by GC-MD and RCR zoning. The zoning boundaries basically cut the building on the property in half. Cliff Huebel owns and operates East Texas Counseling Services at 2611 Laurel. When the zoning issue was brought to the City=s attention, staff initiated the zone change request. Mr. Richardson recommended approval. 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. Vice-Chairman Gibbs opened the public hearing and asked for comments in favor or opposition. No comments were made. The public hearing was closed. Commissioner Craig made a motion to approve a zone change from RCR-H/HC (Residential Conservation and Revitalization-H/Historic-Cultural Landmark Preservation Overlay) District to GC-MD (General Commercial-Multiple Family Dwelling/Historic-Cultural Landmark Preservation Overlay) District for the property at 2611 Laurel as requested in File 2062-Z. Commissioner Kyles seconded the motion. Motion to approve carried 6:0. 4) File 2063-Z: Request for a zone change from GC-MD/HC (General Commercial Multiple Family Dwelling/Historic Cultural Landmark Preservation Overlay) District to GC-MD (General Commercial-Multiple Family Dwelling) District. Location: 2678 Liberty and approximately 108' east of the northeast corner th of 11 Street and Liberty Applicant: Kevin Herrington for Altus Beaumont Realty, L.P. Mr. Richardson presented the staff report. The subject request is to take 2678 Liberty and the lot immediately to the west of 2678 Liberty out of the Oaks Historic District. 5 Planning Commission November 15, 2010 Kevin Herrington, representing Altus Healthcare Management Services and Altus Beaumont Realty, LP, states that Altus has plans to expand its th existing facility at 390 N. 11. Altus will be adding a new cancer center. The two lots will be used for building and parking expansion. On November 8, the Historic Landmark Commission approved the removal of a house on the lot at 2678 Liberty. The other lot is vacant. Both properties are zoned GC-MD. The proposed parking lot would have to be set back at least 30 feet if it remained in the historic district. The parking lot would lose approximately six parking spaces. At the meeting of November 8, the Historic Landmark Commission approved the moving of the house and the removal of the two lots out of the Oaks Historic District. Mr. Richardson recommended approval. Twenty-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. Vice-Chairman Gibbs opened the public hearing and asked for the applicant=s comments. Kevin Herrington, the applicant, addressed the Commission. Vice-Chairman Gibbs asked for comments in favor or in opposition. George Bullington, 1822 Broadway, addressed the Commission in opposition. Vice-Chairman Gibbs closed the public hearing. Commissioner Mason made a motion to approve a zone change from GC-MD/HC (General Commercial Multiple Family Dwelling/Historic Cultural Landmark Preservation Overlay) District to GC-MD (General Commercial-Multiple Family Dwelling) District for the property at 2678 th Liberty and approximately 108' east of the northeast corner of 11 Street and Liberty as requested in File 2063-Z. Commissioner Nejad seconded the motion. Motion to approve carried 6:0. 6 Planning Commission November 15, 2010 5) File 2064-P: Request for a specific use permit to allow a self-storage warehouse facility in a GC-MD (General Commercial-Multiple Family Dwelling) District. Location: 75 N. Major Drive Applicant: Sam Parigi for JSJ, Joint Venture Mr. Richardson presented the staff report. Sam Parigi, representing JSJ Joint Venture, states that JSJ would like to convert the old HEB store into a self-storage warehouse. The building was vacated when HEB built its new store on Dowlen. In 2008, City Council approved an SUP to allow a production facility for a cosmetic company. That specific use permit has since expired. Mr. Richardson recommended approval subject to the following conditions:  An exclusive 10' wide water line easement will need to be obtained for the waterline with the fire hydrant if one has not already been recorded.  The existing sprinkler line will need to be separated from the dead-end fire hydrant line. Eleven notices were mailed to properties owners within 200 feet. No comments in favor or in opposition were returned. Slides of the subject property were shown. Vice-Chairman Gibbs opened the public hearing and asked for the applicant=s comments. Sam Parigi, the applicant, addressed the Commission. Vice-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 self-storage warehouse facility in a GC-MD (General 7 Planning Commission November 15, 2010 Commercial-Multiple Family Dwelling) District at 75 N. Major Drive as requested in File 2064-P, subject to the following conditions:  An exclusive 10' wide water line easement will need to be obtained for the waterline with the fire hydrant if one has not already been recorded.  The existing sprinkler line will need to be separated from the dead-end fire hydrant line. Commissioner Craig seconded the motion. Motion to approve carried 6:0. 6) File 2065-P: Request for specific use permit to allow a law office in an RCR/HC (Residential Conservation and Revitalization-H/Historic-Cultural Preservation Overlay) District. Location: 1792 Broadway Applicant: Jason Payne for The Payne Firm, P. C. Mr. Richardson presented the staff report. Jason Payne states that his law firm is a civil litigation firm that practices personal injury, wrongful death and corporate cases. The office hours will be from 8 am to 5 pm, Monday through Friday. At the outset, the Payne Firm will have approximately two employees working in the Beaumont office. Eventually, Mr. Payne anticipates having four to six employees working at this location. Mr. Richardson stated that while he recognizes the desire of the neighborhood to keep the area as residential as possible, there are a number of factors that affect the City=s recommendation. The property is surrounded on two sides by commercial and industrial uses and zoning. To the north is an event center and an ambulance service in GC-MD zoning. To the east is an industrial use located in RCR-H and HI zoning. Except for the subject property, the entire block is either commercial or industrial. Secondly, the house contains over 4,800 sq. ft. of floor space. Such a large house, located where it is, will be difficult to market to a family. The house has been on the market for over a year. A professional office will be compatible with the neighborhood and will occupy a structure that might otherwise be susceptible to vandalism if left vacant. Mr. Richardson recommended approval subject to the following conditions: 8 Planning Commission November 15, 2010  The applicant shall provide a parking lot with 16 parking spaces plus 1 ADA parking space for a total of 17 spaces.  The parking lot shall be paved with a pervious parking surface material capable of accommodating vehicles up to five thousand (5,000) pounds of gross vehicle weight and that allow the growth of lawn.  Ingress/egress to the parking lot shall be off of the alley at the rear of the property.  Two foot tall shrubs shall be planted along the south end of the parking lot. Seventeen 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. Vice-Chairman Gibbs opened the public hearing and asked for the applicant=s comments. Jason Payne, the applicant, addressed the Commission. Vice-Chairman Gibbs asked for comments in favor or in opposition. Shana Allan of Keller Williams Realty addressed the Commission. Mrs. Allan represents the seller of the subject property. Leah Cleveland of Keller Williams Realty addressed the Commission. Ms. Cleveland represents the buyer of the subject property. George Bullington, 1822 Broadway, addressed the Commission in opposition to the request. Tiffany Parker, 1793 Broadway, addressed the Commission in opposition to the request. Laura Stager, 1805 Broadway, addressed the Commission in opposition to the request. th Nancy Staub, 790 19 Street, addressed the Commission in opposition to the request. 9 Planning Commission November 15, 2010 Rebuttal by Mr. Payne. Vice-Chairman closed the public hearing. Discussion followed between the Commission members. Commissioner Nejad made a motion to approve a specific use permit to allow a law office in an RCR/HC (Residential Conservation and Revitalization-H/Historic-Cultural Preservation Overlay) District at 1792 Broadway as requested in File 2065-P, subject to the following conditions:  The applicant shall provide a parking lot with 16 parking spaces plus 1 ADA parking space for a total of 17 spaces.  The parking lot shall be paved with a pervious parking surface material capable of accommodating vehicles up to five thousand (5,000) pounds of gross vehicle weight and that allow the growth of lawn.  Ingress/egress to the parking lot shall be off of the alley at the rear of the property.  Two foot tall shrubs shall be planted along the south end of the parking lot.  Monument signage only allowed.  No exterior changes to the main structure. Commissioner Bodwin seconded the motion. Motion to approve carried 4:2 (Gibbs, Craig). 7) File 769-OB: Request for an amendment to Chapter 30, Zoning Ordinance, by addition Section 30-23.3 to create the Conservation Overlay District Number One (1) and the regulations that will govern said overlay district. thrd Location: 500-800 Blocks of 19 - 23, Unknown North, 3925-3997 North and 3920 - 3990 North Applicant: City of Beaumont Planning Division Mr. Boone presented the staff report. In September, 2007, City Council created the Neighborhood Design Overlay District for that area of the City commonly known as Calder Place 1929. That overlay district dealt with the mass of buildings, setbacks and parking in the front yard. It is now the desire of a large number of the residents in the Calder Place 10 Planning Commission November 15, 2010 1929 neighborhood to go one step further and create the Conservation Overlay District Number One (1) which would require that the front facade and wrap-around reflect one of six specific architectural styles when constructing a new house: Tudor, Colonial Revival, Minimal Traditional, Ranch, Georgian or Neoclassical. These styles are what are most prevalent in the proposed overlay district. In addition, the Conservation District would help to prevent A tear-downs @ or demolition of structures in the district. A A tear-down @ would be allowable if the cost to repair the structure exceeds eighty percent (80%) of the appraisal value of the home. This would allow homes that needed excessive repairs to be demolished. Also, the Conservation District Number One (1) would provide some regulation of fencing, roofing and driveways in an effort to preserve the design character of the neighborhood. The Conservation Overlay District Number One (1) would maintain the underlying zoning and the Neighborhood Design Overlay District regulations while adding additional provisions for architectural styles and the characteristics that are prevalent in each of the styles. As discussed during a past workshop about Conservation Districts, they provide a continuity of design within a neighborhood, with fewer regulatory restrictions and a lesser degree of review. Whereas construction and exterior changes often require review by the Landmark Commission within the historic district, Conservation Districts allow administrative review of the proposed construction, in accordance with the guidelines set forth in this ordinance. Appeals from the decisions of staff are considered by the Landmark Commission and then may be appealed to the City Council for review. Mr. Boone recommended approval of the request. 271 notices were mailed to property owners within the district. Ten responses in opposition and four in favor were returned. A petition was circulated by the neighborhood. Vice-Chairman Gibbs opened the public hearing and asked for comments. 11 Planning Commission November 15, 2010 th Sam Parigi, 445 N. 14, addressed the Commission, neither in favor or in opposition. He spoke in reference to the 80% figure used for tear downs. He pointed out that what the property is listed for on the tax roll is not necessarily what the property is worth and insured for. nd Mark Freeman, 560 22 Street, addressed the Commission in opposition to the request. nd Dusty Young, 806 22 Street, addressed the Commission in favor of the request. Mr. Young lead a team of eight other members of the neighborhood that helped write the proposed regulations. nd Jim Love, 585 22 Street, addressed the Commission in favor of the request. th Stan Wolfrom, 880 19 Street, addressed the Commission in opposition to the request. th Nancy Staub, 790 19 Street, addressed the Commission in favor of the request. nd Gary Tucker, 601 22 Street, addressed the Commission in favor of the request. th Suzanne Wolfrom, 880 19 Street, addressed the Commission in opposition to the request. nd Ann Watkins, 880 22 Street, addressed the Commission in opposition to the request. th David Moore, 870 19 Street, addressed the Commission in opposition to the request. th Judith Lee, 640 20 Street, addressed the Commission in favor of the request. Melanie Leonard, 3949 North Street, addressed the Commission in favor of the request. th Kelly Cupero, 875 19 Street, addressed the Commission in opposition to the request. th John Lee, 640 20 Street, addressed the Commission in favor of the request. nd Tony Bossley, 895 22 Street, addressed the Commission in opposition to 12 Planning Commission November 15, 2010 the request. nd Leah Freeman, 560 22 Street, addressed the Commission in opposition to the request. th Bob Miller, 855 19 Street, addressed the Commission in opposition to the request. Rebuttal by Mr. Boone. Discussion followed between staff, City Council and the Commission. Vice-Chairman Gibbs closed the public hearing. Commissioner Nejad made a motion to table an amendment to Chapter 30, Zoning Ordinance, by addition Section 30-23.3 to create the Conservation Overlay District Number One (1) and the regulations that will govern said overlay district for the Calder Place 1929 Neighborhood as requested in File 769-OB until the City can send notification to all the neighbors in the overlay district, include a return response card and direct them to the City=s website where the ordinance is properly displayed and allow for an option to call and request a hard copy of the ordinance. He asked that city staff reschedule another hearing no more than three months. Commissioner Kyles seconded the motion. Motion to table carried 6:0. OTHER BUSINESS THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED AT 5:53 P. M. 13