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Home My WebLink About10-19-09 PC MinutesMINUTES REGULAR MEETING AND JOINT PUBLIC HEARINGS PLANNING COMMISSION AND CITY COUNCIL City Council Chambers October 19, 2009 A Regular Meeting and Joint Public Hearings of the Planning Commission and City Council were held on September 21, 2009 with the following members present: Commission members present: Chairman Lynda Kay Makin Vice Chairman Patrick Gibbs Commissioner Glenn Bodwin Commissioner Sina Nejtd Commissioner Marty Craig Commissioner Steven Johnson Commissioner Lauren Williams Mason Commission members absent: Commissioner Walter Kyles Commissioner Eddie Senigaur Councilmembers present: Mayor Becky Ames Mayor Pro -Tern Gethrel Williams -Wright Councilmember-at-Large W. L. Pate Councilmember Alan Coleman Councilmember Nancy Beaulieu Councilmember Audwin Samuel Councilmembers absent: Councilmember Jamie Smith Also present: Stephen Richardson, Planning Manager; Jill Cole, Recording Secretary; Adina Ward, Planner; Joe Sanders, First Assistant City Attorney APPROVAL OF MINUTES Commissioner Craig made a motion to approve the minutes of the Regular Meeting and Joint Public Hearings held September 21, 2009. Commissioner Nej ad seconded the motion. Motion to approve carried 7:0. Planning Commission October 19, 2009 REGULAR MEETING 1 } File 749-OB: Request to abandon easements along State Highway 124 and down the center of the previously abandoned Hebert Street. Applicant: Delbert A. Mack, Sr. for Cathedral of Faith Baptist Church Mr. Richardson presented the staff report. Cathedral of Faith Baptist Church has requested these abandonments so that they can build a parking lot. This item was sent to all interested parties. The City of Beaumont Water Utilities has a G" sanitary sewer main within the 15 foot wide utility easement located in the abandoned Hebert Street. There is a 48" sanitary sewer main and an 8" water main located within the 20 foot wide easement on the south side of Fannett. Water Utilities does not object to the abandonment of the 15 foot easement. However, Water Utilities does object to the abandonment of the 20 foot easement. Mr. Richardson recommended approval of the abandonment of tl.e 15 foot wide easement in Hebert and recommended denial of the 20 foot wide easement on the south side of Fannett. In addition, Water Utilities does not want any pavement on the 20 foot easement. Mr. Richardson stated that he spoke with the church about this and they are in agreement. Chairman Makin asked for the applicant's comments. Reverend Mack with Cathedral of Faith Baptist Church addressed the Commission. Commissioner Gibbs made a motion to approve the abandonment of the 15 foot wide easement in Hebert and deny the abandonment of the 20 foot wide easement on the south side of Fannett as requested in File 749-OB. Commissioner Bodwin seconded the motion. Motion carried 7:0. ROLL CALL JOINT PUBLIC HEARINGS Mayor Ames called the Joint Public Hearings of October 19, 2009 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. (Commissioner Gibbs left the meeting.) 2 Planning Commission October 19, 2009 1) File 2002-ZIP: Request for a zone change from RS (Residential Single Family Dwelling) District to GC-MD-2 (General Commercial -Multiple Family Dwelling-2) District and a specific use permit to allow a sell -storage warehouse facility in a GC- MD-2 (General Commercial -Multiple Family Dwelling-2) District. Location: West side of Pinchback Road, between the two railroads Applicant: Fittz & Shipman, Inc. Mr. Richardson presented the staff report. The request for a zone change from RS to GC-MD-2 and a specific use permit is to allow a climate controlled self -storage warehouse. The property is located on the west side of Pinchback, between the two railroad tracks. Austin Dishman, the property owner, proposes to construct approximately 321 storage units in over 211,000 sq. ft. of building area. The project will be phased with 143 storage units being constructed in 96,525 sq. ft. of building space in Phase One. The remaining storage units and an office for the warehouses will be constructed as the demand warrants. Two 30 foot driveways will be constructed with access to Pinchbark. The property is surrounded by 100 foot wide railroad rights -of -way on the north and south sides and an 80' wide DD#6 ditch on the west side. Mr. Richardson recommended approval subject to the following conditions: • Provide an underground drainage system with outfall to the DD#6 ditch. • The building setbacks along the north and south property lines shall be a minimum of 20 feet or a variance to the setback requirements must be granted by the Board of Adjustment. • An 8' tall wood screening fence and a 10' wide landscape strip shall be installed around the single family property that is surrounded by the subject property. • Directional lighting shall be used to minimize the impact on surrounding residential properties. and with a modification to the land scaping/screening requirements along the north, south and west property lines. Thirty nine 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. Chairman Makin opened the public hearing and asked for the applicant's comments. 3 Planning Commission Oclober 19, 2009 John Holm with Fittz & Shipman, the applicant, addressed the Commission. Chairman Makin asked for comments in favor or in opposition. No continents were made. The public hearing was closed. Commissioner Craig made a motion to approve a zone change from RS to GC-MD- 2 District and a specific use permit to allow a self -storage warehouse facility in a GC-MD-2 District on the West side of Pinchback Road, between the two railroads as requested in File 2002-ZIP subject to the following conditions: • Provide an underground drainage system with outfall to the DD#6 ditch. • The building setbacks along the north and south property lines shall be a minimum of 20 feet or a variance to the setback requirements must be granted by the Board of Adjustment. • An 8' tall w :, -)d screening fence and a 10' wide landscape strip shall be, installed arourrJ the single family property that is surrounded by the subject property. • Directional lighting shall be used to minimize the impact on surrounding residential properties. and with a modification to the landscaping/screening requirements along the north, south and west property lines. Commissioner Nejad seconded the motion. Motion to approve carried 6:0. 2) File 2003-P: Request for a specific use permit to allow a mother-in-law quarters in an RS (Residential Single Family Dwelling) District. Location: 8035 Voth Road Applicant: David and Faye Hofferth Mr. Richardson presented the staff report. Dave and Faye Hofferth, the property owners, would like to construct a 512 sq. ft. structure in their backyard so that Ms. Hofferth's 75 year old mother, Joyce Mitchell, can live there. Ms. Mitchell is recently widowed and some several medical issues. Living in separate quarters on the property would enable Ms. Hofferth to look after her mother while providing her mother with some amount of privacy and independence. Mr. Richardson recommended approval subject to the following conditions: The mother-in-law quarters will not be leased. The mother-in-law quarters shall not be on a separate electrical meter. Nine notices were mailed to property owners within 200 feet. No responses in favor or in opposition were returned. 4 Planning Commission October 19, 2009 Slides of the subject property were shown. Chairman Makin opened the public hearing and asked for the applicant's comments. Faye Hofferth addressed the Commission. Chairman Makin asked for comments in favor or in opposition. No comments were made. The public hearing was closed. Commissioner Johnson made a motion to approve a specific use permit to allow a mother-in-law quarters in an RS (Residential Single Family Dwelling) District at 8035 Voth Road as requested in File 2003-P subject to the following conditions: The mother-in-law quarters will not be leased. The moth er-in-law quarters shall not be on a separate electrical mete=i . Commissioner Bodwin seconded the motion. Motion to approve carried 6:0. 3) File 2004-P: Request for a specific use permit to allow a law office in an RCR-H (Residential Conservation and Revitalization-H) District. Location: 2535 North Applicant: Bruce A. Hoffer Mr. Richardson presented the staff report. Mr. Hoffer states that the hours of operation will be from 8 am to 5 pm, Monday through Friday. The purpose of the law office will be for consultation with individual clients and for purposes of research and writing of the necessary legal documents for clients. Mr. Richardson recommended approval subject to making parking space #5 ADA compliant and with a modification to the landscaping requirements along the east, west and south property lines. Thirty-four 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. Arlette Collins addressed the Commission on behalf of Mr. Hoffer. Chairman Makin asked for comments in favor or in opposition. No comments were made. The public hearing was closed. Planning Commission October 19, 2009 Commissioner Craig made a motion to approve a specific use permit to allow a law office in an RCR-H District at 2535 North as requested in File 2004-P subject to malting parking space #5 ADA compliant and with a modification to the landscaping requirements along the east, west and south property lines. Commissioner Johnson seconded the motion. Motion to approve carried 6:0. 4) File 53-HC: Request for an HC-L (Historic Cultural Landmark Preservation) Designation. Location: 407 7th Street Applicant: Tom Hinston Mr. Richardson presented the staff report. Tom Hinson, the property owner, states that the structure was constructed c, 1906 and is of the Neoclassical style. The house was originally occupied by Leonidas H. Parish and his wife Martha. Mr. Parish was the Vice -President of the French Market Grocery Co. Through the years the house has been home to a number of professionals who worked for prominent companies in Beaumont, including Petroleum iron Works, Shephard Laundry, Missouri Pacific Lines and Magnolia Petroleum Company. The 1989 SPARE Beaumont survey states that the structure is one of Beaumont's better examples of the Neoclassical style and the 1977 SPARE Beaumont survey qualifies the structure as being of local historical significance. The structure is currently vacant in bad repair. The City tagged the structure as substandard in June, 2007. In September, 2008, the Historic Landmark Commission approved a certificate of appropriateness to allow the demolition of the structure. Mr. Hinson acquired the property in 2008 with the intention of restoring it. On August 25, 2008, Mr. Hinson was granted a Temporary Injunction to prohibit the City from proceeding with the demolition for 150 days and allow Mr. Hinson to bring the structure into compliance with city codes and to obtain a certificate of occupancy. The 150 days expired on January 5, 2009. The only building permit that Mr. Hinson has received is a roofing permit issued on December 12, 2008. Due to the fact that Mr. Hinson did not complete the renovation and did not receive a certificate of occupancy within the time frame required by the Temporary Injunction, Mr. Richardson expressed doubts that the structure will brought up to code. The property continues to be an eyesore and detriment to the neighborhood. On September 12, 2009, the Historic Landmark Commission recommended denial by a vote of 5-2. 10 Planning Commission October 19, 2009 Mr. Richardson recommend denial of the request. Twenty-two 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 continents. Tom Hinson, the applicant, addressed the Commission. Chairman Makin asked for comments in favor or in opposition. Mike Harry, 2451 Broadway, addressed the Commission in favor of the request. Discussion followed between the Commission and Mr. Hinson. Chairman Malin closed the public hearing. Commissioner Nejad made a motion to deny an HC-L (Historic Cultural Landmark Preservation) Designation for the property at 407 7th Street as requested in File 53- HC. Commissioner Johnson seconded the motion. Motion to deny carried 4:2 (Craig, Mason). OTHER BUSINESS THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED AT4:00P.M. 7