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HomeMy WebLinkAbout2-15-10 PC MinutesMINUTES REGULAR MEETING AND JOINT PUBLIC HEARINGS PLANNING COMMISSION AND CITY COUNCIL City Council Chambers February 15, 2010 A Regular Meeting and Joint Public Hearings of the Planning Commission and City Council were held on February 15, 2010 with the following members present: Commission members present: Commissioner Glenn Bodwin Commissioner Sina Nejad Commissioner Marty Craig Commissioner Lauren Williams Mason Commissioner Clint Walters Commission members absent: Chairman Lynda Kay Makin Vice Chairman Patrick Gibbs Commissioner Walter Kyles Commissioner Steven Johnson Commissioner Eddie Senigaur Councilmembers present: Mayor Becky Ames Councilmember-at-Large W. L. Pate Councilmember Nancy Beaulieu Councilmember Audwin Samuel Councilmembers absent: Mayor Pro -Tern Gethrel Williams -Wright Councilmember Alan Coleman Councilmember Jamie Smith Also present: Stephen Richardson, Planning Manager; Jill Cole, Recording Secretary; Adina Ward, Planner; Tyrone Cooper, City Attorney; Chris Boone, Community Development Director; Pam Loiacano, Demolition Coordinator APPROVAL OF MINUTES Commissioner Craig made a motion to approve the minutes of the Regular Meeting and Joint Public Hearings held January 25, 2010. Commissioner Nejad seconded the motion. Motion to approve carried 5:0. Planning Commission February 15, 2010 JOINT PUBLIC HEARINGS Mayor Ames called the Joint Public Hearings of February 15, 2010 to order and explained the purpose of the joint hearing process and then turned the meeting over to Commissioner Bodwin. Hee explained the policies and procedures for the hearing process. l) File 2020-P: Request for a specific use permit to allow a residential care facility in an RM-H (Residential Multiple Family Dwelling -Highest Density) District. Location: 1096 Cottonwood Applicant: HOW Center, Inc. Mr. Richardson presented the staff report. The HOW Center currently has a facility across the street from the subject property. It would like to expand its existing facility with a new building that would include additional dormitory and office space. The new one story 10,400 sq. ft. building will accommodate an additional 36 client beds, restrooms, a 766" x 52' living room, a supervisor's bedroom, four offices and two TV rooms. In March, 2000, City Council approved a specific use permit to allow the original facility at 2509-1 l Cable and 1130 Cottonwood. That specific use permit included an office/dwelling structure, two dwelling structures, a cafeteria and a parking lot. It is the parking lot upon which the proposed structure is to be built. Ordinance 00-29 was approved subject to a number of conditions. The condition that Mr. Richardson based his recommendation of denial on is Condition 93 which states that the facility shall never have more than 27 overnight residents. This new specific use permit would allow an additional 36 residents and would be in direct violation of Ordinance 00-29. Forty-four notices were mailed to property owners within 200 feet. Three responses in opposition and none in favor were returned. Slides of the subject property were shown. Commissioner Bodwin, acting as Chairman, opened the public hearing and asked for the applicant's comments. Mickey Beard addressed the Commission. Mr. Beard is on the board of directors for the HOW Center. Discussion between the Commission and City Council to possibly table the subject request until a Iater date, Councilman Samuel suggested that the citizens present Planning Commission February 15, 2010 have the opportunity to speak in favor or in opposition since they are already present. Commissioner Bodwin asked for comments in favor or in opposition. Daniel Jeans, Executive Director for the HOW Center, addressed the Commission in favor of the request. Louis Bryant, 2440 Cable Avenue, addressed the Commission in opposition to the request. Rebuttal by Mr. Jeans. Further comments were made by Councilman Samuel. The public hearing was closed. Commissioner Craig made a motion to table a request for a specific use permit to allow a residential care facility in an RM-H (Residential Multiple FamilyDwelling- Highest Density) District at 1096 Cottonwood as requested in File 2020-P. Commissioner Walters seconded the motion. Motion to table carried 5:0. Commissioner Nejad requested copies of the file information from the application in the next packet so that the Commission may review. 2) File 202 L -P: Request for a specific use permit to allow a drinking place in a GC -MD (General Commercial -Multiple Family Dwelling) District. Location: 2566 IH-10 East Applicant: Efren Sifuentes Mr. Richardson presented the staff report. The applicant, Efren Sifuentes, would like to operate the El Vaquero Night Club in a vacant rental space on the east end of the Ridgewood Shopping Center. Mr. Sifuentes states that hours of operation would be from S p.m. to 2 a.m., Friday -Sunday. He states that noise levels between 10 p.m. and 7 a.m, will not exceed the Zoning Ordinance requirement of 65 dB. While that noise level may be met inside the night club, it is the noise in the parking lot created by patrons of the night club that is a concern. Immediately to the east of the night club is the Ridgewood Retirement Center. The noise generated by the proposed night club will have a detrimental effect on those persons living at the Ridgewood. As described in a letter attached to the staff report, there have been a lot of problems with noise, traffic and parking from another night club that used to occupy a space in the shopping center. During most of its life, that club was located on the west end of the shopping center and it still caused a lot of problems for the retirement center. Planning Commission February 15, 2010 Based upon the past noise, traffic and parking issues that have created problems for the neighbors, Mr. Richardson recommended denial of the request. Nine 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. Commissioner Bodwin opened the public hearing and asked for the applicant's comments. Efren Sifuentes, 1909 Park Street, addressed the Commission. Commissioner Bodwin asked for comments in favor or in opposition. No comments were made. The public hearing was closed. Commissioner Nejad made a motion to deny a specific use permit to allow a drinking place in a GC -MD (General Commercial -Multiple Family Dwelling) District at 2566 IH-10 East as requested in File 2021-P. Commissioner Craig seconded the motion. Motion to deny carried 4:1 (Bodwin). 3) File 54-HC: Request for an HC-L (Historic Cultural -Landmark Preservation Designation). Location: 480 Magazine Applicant: John Leggett Mr. Richardson presented the staff report. John Leggett, the property owner, states that the single family residence was originally two houses built in Port Arthur dating back to the Civil War era. These houses were later moved to the current location in Beaumont and were combined to make one house between 1889 and 1984. The Sanborn Map shows that the house has been at 480 Magazine since 1894. Mr. Leggett states that the house contains architectural characteristics typical of a working class home during the Victorian Age. The house is built with cypress sills, floor joists, exterior siding, molding and trim. The flooring is East Texas Curly Pine. Within the house is a hand -carved stair case. The front door is hand carved with an oval, beveled glass window. There are what appears to be possible hidden entrance doors in the floor and pantry ceiling that could be connected to the Civil War era in Port Arthur. Much of the hardware in the house is circa 1850. There were two carriage houses on the property, one of which is still standing. In addition to the many historical features of the house, the house is located near many historic sites in Beaumont. Approximately one block away is the historic Westminster Presbyterian Church. Nearby is the Fire Museum which is the site 4 Planning Commission February B, 2010 where the first fire department hook and ladder company started. The house sits approximately 3 blocks from Tevis Bluff, home to Noah Tevis, the first legal land owner in Beaumont. Mr. Leggett states that the house has historical value because of its existence during the Civil War era in Port Arthur and because it was part of Beaumont during the City's earliest days. According to the demolition office, the house was tagged on October 22, 2008. Soon after that, Mr. Leggett was given 150 days to bring the house up to minimum code. On June 2, 2009, the house was on the City Council agenda when a raze or repair was issued. On June 9, a new work program was agreed upon, allowing an additional 150 days to repair the house. During that time, the property was cleaned, some out buildings were demolished and a partial roof was installed. Mr. Leggett entered into two work repair programs of 150 days each. On November 13, final notice before demolition was sent to Mr. Leggett for not complying with City Council's order or the work program. On that same date, a disconnect order was issued for utilities. On January 19, 2010, the City received a letter form Kelly Little with the Texas Historical Commission stating that she had determined that the house had historical value. A temporary restraining order has been granted to allow time for the City to consider the HC-L designation. The recommendation for denial is due to failure to follow City Council's order to make substantial repairs within the allotted 150 days. The historical significance of 480 Magazine was considered by the Historic Landmark Commission on February 8. This Historic Landmark Commission approved 54-HC by a vote of 10-0. Nineteen 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. Commissioner Bodwin opened the public hearing and asked for comments. Tracy Richardson addressed the Commission on behalf of Mr. Leggett and distributed photos. Mr. Leggett addressed the Commission and answered questions. Discussion followed between the applicant, the Commission and Mr. Cooper. Commissioner Bodwin closed the public hearing. Plamoing Commission February 15, 2010 Commissioner Craig made a motion to approve a request for an HC-L (Historic Cultural -Landmark Preservation Designation) at 480 Magazine as requested in File 54-HC. Commissioner Mason seconded the motion. Motion to approve carried 3 :2 (Nejad, Bodwin). OTHER BUSINESS THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED AT 4:44 P.M. 6