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HomeMy WebLinkAbout6-21-10 PC MinutesMINUTES REGULAR MEETING PLANNING COMMISSION City Council Chambers June 21, 2010 A Regular Meeting and Joint Public were held on June 21, 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 Steven Johnson Commissioner Eddie Senigaur Commissioner Lauren Williams Mason Commission members absent: Chairman Lynda Kay Makin Commissioner Clint Walters Councilmembers present: Mayor Becky Ames Mayor Pro-Tem Gethrel Williams -Wright Councilman -at -Large W. L. Pate Councilman Jamie D. Smith Councilmembers absent: Councilmember Alan Coleman Councilman Nancy Beaulieu 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; 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 Nejad seconded the motion. Motion to approve carried 7:0. REGULAR MEETING 1) Replat - Lots 1 and 2 McDou ald Addition: Request for a replat of a part of Lot 4, Block 8, Wescalder Pig Acres into Lots 1 and 2, McDougald Addition. Planning Commission June 21, 2010 Location: 2595 Wescalder and 8710 Baker Applicant: Faust Engineering & Surveying, Inc. Mr. Richardson presented the staff report. The purpose of the replat is to build a house on Lot 2. In April, City Council approved a zone change from LI to RS to allow the construction of the house. Mr. Richardson recommended approval of the request. Twentynotices were mailed to property owners within 200 feet and within the same subdivision. No responses in favor or in opposition were returned. (Commissioner Kyles arrived.) Vice -Chairman Gibbs opened the public hearing and asked for comments. Jeremy Mitchell of Faust Engineering addressed the Commission. Vice Chairman Gibbs 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 replat of a part of Lot 4, Block 8, Wescalder Fig Acres into Lots 1 and 2, McDougald Addition at 2595 Wescalder and 8710 Baker as requested, Commissioner Mason seconded the motion. Motion to approve carried 8:0. 2) Replat-Lots 24A and 24B Mayfair Addition: Request for a replat of Lot 24, Block A, Mayfair Addition into Lots 24A and 2413, Mayfair Addition. Location: 1460 and 1470 Avalon Street Applicant: Access Surveyors, Inc. Mr. Richardson presented the staff report. The property owner would like to subdivide Lot 24 in two. A variance is being requested to the lot width requirement. The surveyor exclaims that the original lot width was supposed to be 100'. However, the corner monuments were found to vary slightly from the called measurements. In splitting the lot, the width of each lot will be 49.95' at the front and 49.72' at the rear. Mr. Richardson recommended approval of the replat. Twentynotices were mailed to property owners within 200 feet and within the same subdivision. No responses in favor and three in opposition were returned. 2 Planning Commission June 21, 2010 Vice -Chairman Gibbs opened the public hearing and asked for the applicant's comments. The applicant was not present. Vice -Chairman Gibbs asked for comments in favor or in opposition. Judith Perkins, 1350 Avalon, addressed the Commission in opposition. John Jackson, 1420 Avalon, addressed the Commission in opposition. Vice -Chairman closed the public hearing. Commissioner Craig made a motion to deny the replat of Lot 24, Bloch A, Mayfair Addition into Lots 24A and 24B, Mayfair Addition at 1460 and 1470 Avalon Street as requested. Commissioner Bodwin seconded the motion. Motion to deny carried 8:0. JOINT PUBLIC HEARING Mayor Ames called the Joint Public Hearings of June 21, 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 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' eastof Blossom Drive Applicant: Calvary Tabernacle Mr. Richardson presented the staff report. The subject request was tabled at the May 24 Joint Public Hearing. Calvary Tabernacle would like to construct a new church on the subject property. The proposed facility will include a 17,000 sq. ft. sanctuary and classrooms building, an 8,000 sq. ft. Family Life Center, a covered pavilion and a playground area. After hearing public comments at the May meeting, Reverend Vickery sent a letter stating that the church would provide an 8' tall wood screening fence and a 15' wide landscape strip along the south and west sides of the property as well as provide underground drainage, landscape islands in the parking lot and a sidewalk along Washington. Mr. Richardson recommended approval subject to the following conditions: Provide an underground drainage facility Planning Commission Jame 21, 2010 • Provide an 8' tall wood screening fence and a 15' 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 favor and six 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. Kent Johns, Gulf Coast Development, addressed the Commission on behalf of the family of 3225 Blossom. Pastor Vickery of Calvary Baptist Church addressed the Commission. Vice -Chairman Gibbs asked for comments in favor or in opposition. Calvin Williams, 3050 Blossom, addressed the Commission in opposition to the request. Marvin Durden, Jr., 4245 Simon, addressed the Commission in opposition to the request. Corinne Hardy, 4030 Parrish, addressed the Commission in opposition to the request. Rebuttal by Pastor Vickery. The public hearing was closed. Commissioner Johnson made a motion to approve a specific use permit to allow a church in an RS District on the south side of Washington Boulevard, approximately 140' cast of Blossom Drive as requested in File 2037-P, subject to the following conditions: • Provide an underground drainage facility • Provide an 8' tall wood screening fence and a 15' 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. 4 Planning Commission June 21, 2010 Commissioner Nej ad seconded the motion. The vote on the motion to approve was 4 (Johnson, Mason, Nejad, Craig): 4 (Gibbs, Senigaur, Bodwin, Kyles). 2) File 2040-Z/P: Request for a zone change from NC (Neighborhood Commercial) District to GC-MD-2 (General Commercial -Multiple Family Dwelling-2) District and a specific use permit to allow a retail store in a GC-MD-2 District. Location: Southwest corner of Highland and Pipkin Applicant: Bob Gage for GBT Realty Corporation Mr. Richardson presented the staff report. Bob Gage, representing GBT Realty Corp., would like to construct a new, 9,000 sq. ft. Dollar General Discount store on the site of the old South Park Theater. Under the current zoning, only a 4,000 sq. ft. structure could be built. This size restriction would be impractical for the type of store that Dollar General builds. This rezoning could be considered spot zoning. Property to the north, south and east is zoned NC. To the west and cast is zoned RS. The South Park Neighborhood Plan designates this part of Highland for "General Commercial" uses. This designation suggests commercial development that would allow buildings that exceed 4,000 sq. ft. This area has seen very little commercial development in the past several years. In 2002, City Council approved a zone change from RCR to GC-MD-2 at 4825 Highland to allow the construction of an 8,000 sq. ft. Family Dollar store. Mr. Richardson stated that he did not think that the proposed use will not be detrimental to the surrounding area and will serve a strong public need as a viable retail establishment in the South Park area. This business will serve both South Park and Charlton -Pollard. Mr. Richardson recommended approval of the zone change from NC to GC-MD-2 and the specific use permit subject to the following conditions: Install a sidewalk along the Highland and Pipkin street frontages Redesign the driveway on Pipkin to allow one lane for ingress and one lane for egress Install an 8' tall wood screening fence along the west property line. Forty-six notices were mailed to property owners within 200 feet. Two notices in favor and one 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 in opposition. Eva Carter, 3707 Pipkin, addressed the Commission. Ms. Carter owns property that abuts the subject property. 5 Planning Commiss ion June 21.2010 Charlie Henry, 3745 Irving, addressed the Commission in opposition. Homer Pillsbury, 3735 Highland, addressed the Commission in opposition to the zone change. Celeste George, 3685 Irving, addressed the Commission in favor of the Dollar General Store. Discussion followed between the Commission, staff and City Council. The public hearing was closed. Commissioner Nejad made a motion to approve a zone change from NC District to GC-MD-2 District and a specific use permit to allow a retail store in a GC-MD-2 District at the southwest corner of Highland and Pipkin as requested in File 2040- Z/P, subject to the following conditions: Install a sidewalk along the Highland and Pipkin street frontages Redesign the driveway on Pipkin to allow one lane for ingress and one lane for egress Install an 8' tall wood screening fence along the west property line. Commissioner Senigaur seconded the motion. Motion to approve carried 8:0. 3) File 7544-013: Consider amendments to the Zoning Ordinance, Chapter 30 and the Subdivision Regulations, Chapter 24, addressing when sidewalks will be required. Applicant: City of Beaumont Planning Division Mr. Richardson presented the staff report. Currently, the Subdivision Regulations state that sidewalks are only required on all "safe school routes" and on all arterial and collector streets. Normally, sidewalks are constructed during the development of a subdivision. However, properties subdivided prior to adoption of the Subdivision Regulations were not required to install sidewalks. This leaves many developable properties without sidewalks. Mr. Richardson recommended that Section 24-15 of the Subdivision Regulations be amended to require that prior to a certificate of occupancy and/or compliance of a lot, a sidewalk shall be required under the following conditions: For residential uses, sidewalks will be required to complete an existing sidewalk system, within new subdivisions, on all arterial and collector streets and on all "safe school routes". 6 Planning Commission Tune 21.2010 For commercial and industrial uses, sidewalks will be required to complete an existing sidewalk system, within new subdivisions on all arterial and collector streets and on all "safe school routes". The Planning Commission may grant a waiver to the sidewalk requirement if the applicant can prove that there is an engineering reason for not installing a sidewalk. Vice -Chairman Gibbs opened the public hearing and asked for comments. Rob Clark, Architectural Alliance, addressed the Commission. The public hearing was closed. Commissioner Craig made a motion to approve amendments to the Zoning Ordinance, Chapter 30 and the Subdivision Regulations, Chapter 24, addressing when sidewalks will be required as requested in File 754-OB. Commissioner Bodwin seconded the motion. Motion to approve carried 8:0. 4) File 759-OB: Request for a street name change to Jim Gilligan Way for that portion of E. Florida Avenue located between Martin Luther King, Jr. Parkway and University Drive. Applicant: Jim Ishee Mr. Richardson presented the staff report. The applicant, Jim Ishee, Chairman of the Jim Gilligan Way Support Committee, has applied for this request. Mr. Ishee states that the purpose of this request is to honor Lamar University's Baseball Coach Jim Gilligan who has given 33 years to working with young men. Mr. Gilligan's head coaching tenure at Lamar is split into two different periods. For fourteen seasons between 1973-1986, he led the Cardinal baseball team to anumber of championships. After a foray into professional baseball, Mr. Gilligan returned to Lamar in 1992 and has been leading Lamar to many wins since. Mr. Gilligan's trademark is getting the most out of his players. Some of his players have gone on to careers in major league sports, but more importantly, he has encouraged his players to attain greater heights in life. Mr. Richardson recommended approval of the request. Twenty-seven notices were mailed to property owners abutting this portion of E. Florida. No responses in favor or in opposition were returned. Vice -Chairman opened the public hearing and asked for the applicant's comments. Jim Ishee addressed the Commission. Planning Commission June 21, 2010 Vice -Chairman Gibbs asked for comments in favor or in opposition. Councilman -at -Large Pate addressed the Commission in favor of the request. The public hearing was closed. Commissioner Senigaur made a motion to approve a street name change to Jim Gilligan Way for that portion of E. Florida Avenue located between Martin Luther King, Jr. Parkway and University Drive as requested in File 759-OB. Commissioner Johnson seconded the motion. Motion to approve carried 8:0. 5) File 760-OB: Request for amendments to Chapter 30, Zoning Ordinance, Section 30-28, Sign Regulations, to update permit and bonding requirements. Applicant: City of Beaumont Planning Division Mr. Richardson presented the staff report. The subject request for amendments to Sec. 30-28 of the Zoning Ordinance is to update permit and bonding requirements for the installation of signs. At the request of the Building official, two sections of the sign regulations need to be amended to reflect current permitting and bonding requirements. The recommended changes are as follows: Under permit requirements, strike the Southern Building Code and add the 2009 International Building Code. Under bonding requirements, the wording has been revised to require a bonded contractor whose primary business is sign work. In addition, all electrical sign work shall be performed by a licensed master sign electrician or a master electrician. Mr. Richardson recommended approval of the changes. Vice -Chairman Gibbs 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 amendments to Chapter 30, Zoning Ordinance, Section 30-28, Sign Regulations, to update permit and bonding requirements as requested in File 760-OB. Commissioner Craig seconded the motion. Motion to approve carried 8:0. 6) File 761-OB: Request for amendments to the Zoning Ordinance, Chapter 30, Section 30-24B, Permitted Use Table, to allow child care centers in the RS (Residential Single Family Dwelling) District with a specific use permit. Applicant: City of Beaumont Planning Division Planning Commission June2t, 2010 Mr. Richardson presented the staff report. The subject request is for an amendment to Sec. 30-24-B, the Permitted Use Table, to allow child care centers in all residential districts with a specific use permit and within all commercial and industrial districts by right. In July, the Planning Commission will be considering a specific use permit for a child care facility on Louisiana. Under the current regulations, it would require a zone change and a specific use permit. Mr. Richardson recommended approval of the request. Vice -Chairman Gibbs 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, to allow child care centers in the RS (Residential Single Family Dwelling) District with a specific use permit as requested in File 761-OB. Commissioner Senigaur seconded the motion. Motion to approve carried 8:0. OTHER BUSINESS Rob Clark, 85 Genevieve, addressed the Commission in regard to File 2040-ZIP. Mr. Clark spoke on behalf of Ms. Avery who is outside the 200' area but was contacted to sign the petition and wanted to convey her support for the proposed store. THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED AT 4:41 P.M. 9