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Home My WebLink About11-19-07 PC MinutesM I N,U T E.S REGULAR MEETING AND JOINT PUBLIC HEARINGS PLANNING COMMISSION AND CITY COUNCIL City Council Chambers November .19, 2007 A Regular Meeting and Joint Public Hearings of the Planning Commission and City Council were held on November 19, 2007 with the following members present: Commission members present: Vice Chairman Lynda Kay Makin Commissioner Sina Nejad Commissioner Dale Hallmark Commissioner Walter Kyles Commissioner Greg Dykeman Commissioner Ted Moor Commissioner Patrick Gibbs Alternate Commissioner Randall Collins Alternate Commissioner Steven Johnson Commission members absent: Chairman Glenn Bodwin Commissioner Marty Craig Councilmembers present: Mayor Becky Ames Mayor Pro -Tern Audwin Samuel Councilmember-at-Large W. L. Pate Councilmember Jamie Smith Councilmember Nancy Beaulieu Councilmembers absent: Councilmember-at-Large Gethrel Williams -Wright Councilmember Alan Coleman Also present: Stephen Richardson, Planning Manager; Jill Cole, Recording Secretary; Adina Abshire, Planner; Joe Sanders, First Assistant City Attorney; Chris Boone, Community Development Director APPROVAL OF THE MINUTES Commissioner Gibbs made a motion to approve the minutes of the Regular Meeting and JointPublic Hearings held October 15, 2007. Commissioner Johnson seconded the motion. Motion to approve carried 9:0. M Planning Commission November 19, 2007 REGULAR MEETING 1) Replat - Lots 1-8 Block 1 and Lots 1-$ Block 2 Jehovah Jireh Village: Consider the Replat of Block 13, M. C. Cartwright Addition into Lots 1-8, Block I and Lots 1-8, Block 2, Jehovah Jireh Village. Location: South side of Sarah, west of Warren Applicant: Mark W. Whiteley & Associates, Inc. Mr. Richardson presented the staff report. The subject property is located on the south side of Sarah, immediately west of the Melton YMCA. Antioch Missionary Baptist Church plans to develop a single family subdivision for low to moderate income persons. Phase I will consist of 16 single family lots with a typical lot size of 65' x 156'. Shalom,. with a. 50' right-of-way and a 27 %' pavement width, will provide access to the property. There is currently a drainage ditch that runs across the property. That ditch will be abandoned and the drainage for Phase One will be tied into an underground storm sewer at the southeast corner of the property. Mr. Richardson recommended approval subject to the following conditigns:. • Locate street lights at the northeast corner of Shalom and Sarah, at the northeast corner_ of Lot 4, at the end of the cul-de-sac on Lot 9. (Transportation) • Delete the street light at the northeast corner of Lot 3. (Transportation) • Show existing Sarah Street and how Shalom will connect with Sarah. (Engineering) • Indicate locations of street signs and end -of -road markers per M.U.T.C.D. (Engineering) • Show DD#6 drainage pipe. Need DD#6 'approval. (Engineering_) • Show high points and flow arrows on pavement. (Engineering) • Show correct pavement dimensions. (Engineering) • Connect outfall pipe to manhole on 54". (Engineering) • City Council approves the zone change from GC -MD to RS. (Planning) Three notices were mailed to property owners within 200 feet. One response in favor and one in opposition were returned. Vice -Chairman Makin opened the public hearing and asked for the applicant's comments. Tom Rowe with Mark Whiteley & Associates addressed the Commission. Vice -Chairman Makin asked for comments -in favor or in opposition. 2 Planning Commission November 19, 2007 Antoinette Hardy, President of Beaumont Community Housing Development Organization, addressed the Commission in favor of the request. The public hearing was closed. Commissioner Hallmark made a motion to approve the Replat of Block 13, M. C. Cartwright Addition into Lots 1-8, Block 1 and Lots 1-8, Block 2, Jehovah Jireh Village; located on the south side of Sarah, west of Warren subject to the following conditions: • Locate street lights at the northeast corner of Shalom and Sarah, at the northeast corner of Lot 4, at the end of the cul-de-sac on Lot 9. (Transportation) • Delete the street light at the northeast corner of Lot 3. (Transportation) • Show existing Sarah Street and how Shalom will connect with Sarah. (Engineering) • Indicate locations of street signs and end -of -road markers per M.U.T.C.D. (Engineering) • Show DD#6 drainage pipe. Need DD#6 approval. (Engineering) • Show high points and flow arrows on pavement. (Engineering) • Show correct pavement dimensions. (Engineering). • Connect outfall pipe to manhole on 54". (Engineering) • City Council approves the zone change from GC -MD to RS. (Planning) Commissioner Kyles seconded the motion. Motion to approve carried 9:0. ROLL CALL JOINT PUBLIC HEARINGS Mayor Ames called the Joint Public Hearings of November 19, 2007 to order and explained the purpose of the joint hearing process and then turned the meeting over to Vice -Chairman Makin. She explained the policies and procedures for the hearing process. 1) File 1914-P: Request for a specific use permit to allow 'a restaurant in an RCR (Residential Conservation and Revitalization) District. Location: 2910 Concord Applicant: Arden Diamantis Mr. Richardson presented the staff report. Arden Diamantis w6uld like to construct a 600 sq. ft. restaurant that will provide food -to -go. -The restaurant will require twelve parking spaces.. Ten spaces are provided. Six of those spaces will need to be redesigned to provide adequate aisle width. Eventually, Mr. Diamantis proposes Planning Commission November 19, 2007 to move the restaurant and house at 2916 Concord and build a 4,000 sq. ft. commercial building with three suites. Mr. Richardson recommended approval "subject to the following conditions: Provide 12 parking spaces or get a special -exception to the parking requirement from the Board of Adjustment. One of those parking spaces shall be a handicap stall. Provide an 8' tall wood screening fence and a 10' wide landscape strip along the northeast side of the property Provide a 6' wide landscape strip along the entire frontage of the parking lot and with a waiver of the landscape/screening requirements along the northwest side of the property (no 8' tall wood screening fence or I O' landscape strip), Thirty notices were mailed to property owners within 200 feet. No responses in favor or in opposition were returned. Vice -Chairman Makin opened the public hearing and asked for the applicant's comments. Arden Diamantis, the applicant, addressed the Commission and answered questions. 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 restaurant in an RCR (Residential Conservation and Revitalization) District at 2910 Concord as requested in File 1914-P subject to the following conditions: Provide 12 parking spaces or get a special exception to the parking requirement from the Board of Adjustment. One of those parking spaces shall be a handicap stall. Provide an 8' tall wood screening fence and a 1 O' wide landscape strip along the northeast side of the property Provide a 6' wide landscape strip along the entire frontage of the parking lot and with a waiver of the landscape/screeningrequirements along the northwest side of the property (no 8' tall wood screening fence or 10' landscape strip). Commissioner Collins seconded.the motion. Motion to approve carried 9:0. 2) File 1915-P: Request for a specific use permit to allow a tire repair shop in an NC (Neighborhood Commercial) District, Location: 1698 Franklin Applicant: Arden Diamantis 4 Planning Commission November 19, 2007 Mr. Richardson presented the staff. report. Arden Diamantis plans to lease about half of an existing building that he owns at this location. The other half of the building is currently occupied by a barbershop. The building was originally'a gas station. The tire shop will operate from 7 a.m. to 5 p.m., Monday - Saturday. Mr. Richardson recommended approval subject to providing one handicap stall. Nineteen notices were mailed to property owners within 200' of the subject property. No responses in favor or in opposition were returned. Vice -Chairman Makin opened the public hearing and asked for the applicant's comments. Arden Diamantis, 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. Discussion followed between the Commission and staff. Commissioner Kyles made a motion to approve a specific use permit to allow a tire repair shop in an NC (Neighborhood Commercial) District at 1698 Franklin as requested in File 1915-P subject to providing one handicap stall, Commissioner Hallmark seconded the motion. Motion to approve carried 9:0. 3) File 1916-P: Request for a specific use permit to allow an office/retail building in an NC (Neighborhood Commercial) District. Location: 1695 Franklin Applicant: Arden Diamantis Mr- Richardson presented the staff report. Arden Diamantis plans to construct a 2,400 sq. ft. office/retail building. The building will be rented out to uses that will include, but not be limited to, restaurants, convenience stores, barbershops and video stores. The site plan shows a 5' interior side yard and 5' rear building setback. 15' side and rear building setbacks are required. The building must meet those setback requirements or receive a variance from the Board of Adjustment. Mr. Richardson recommended approval subject to the following conditions. Provide one handicap stall Construct an 8' tall wood screening fence along the southeast property line Provide 15' side and rear building setbacks or get a variance to the side and rear yard building setbacks from the Board of Adjustment Planning Commission November 19, 2007 and with a modification to the landscaping requirement along southeast property line (5' wide landscape strip). Twenty-two notices were mailed to property owners within 200 feet of the subject property. No responses in favor or in opposition were returned. Vice -Chairman Makin opened the public hearing and asked for the applicant's comments. Arden Diamantis, the applicant, addressed .the Commission. Vice -Chairman Makin asked for comments in favor or in opposition. George Diamantis addressed the Commission in favor of the request. The public hearing was closed. Commissioner'Nejad made a motion to approve a specific use permit to allow an office/retail building in an NC (Neighborhood Commercial) District at 1695 Franklin as requested in File 1916-P subject to the following conditions: Provide one handicap stall Construct an 8' tall wood screening fence along the southeast property line Provide 15' side and rear building setbacks or get a variance to the side and rear yard building setbacks from the Board of Adjustment and with a modification to the landscaping requirement along southeast property line (5' wide landscape strip). Commissioner Kyles seconded the motion. Motion to approve carried 9:0. 4) File 1917-ZIP: Request for a zone change from RM-H (Residential Multiple Family Dwelling -Highest Density) District to GC-MD-2 (General Commercial -Multiple Family Dwelling-2) District or a more restrictive district and a specific use permit to allow warehousing and a meeting room. Location: Northeast corner of Milam and Denton Drive Applicant: Fittz & Shipman, Inc. Mr, Richardson presented the staff report. Cowboy Harley has plans to construct a 30,000 sq: ft. structure to provide warehouse space .for its retail facility and a meeting room for customers. They propose to span Hillebrandt Bayou with a pedestrian/motorcycle bridge to provide access between the retail store facing I-10 and the subject property. DD#6 approval will be needed for the crossing. Mr. Richardson recommended approval subject to the following conditions: ro .�N Planning Commission November 19, 2007 An 8' tall wood screening fence and a 10' wide landscape strip will be required along the north- property line and a 6' wide landscape will be required along the parking lot frontage along Milam and Denton and interior landscape islands installed. Two handicap stalls will be required. Seven notices were mailed to property owners within 200 feet of the subject property. No responses in favor.or in opposition were retuned. Vice -Chairman Makin opened the public hearing and asked for the applicant's comments. John Holm with Fittz & Shipman, the applicant, addressed the Commission. Mr. Holm introduced Bill Wilson with Wilson Investments and also Amy Cansler of Cowboy Harley. Vice -Chairman Makin asked for comments in favor or in opposition. No comments were made. The public hearing was closed. Commissioner Hallmark made a motion to approve a zone change from RM-H (Residential Multiple Family Dwelling -Highest Density) District to GC-MD-2 (General Commercial -Multiple Family Dwelling-2) District and a specific use permit to allow warehousing and a meeting room at the northeast corner of Milam and Denton Drive as requested in File 1917-Z/P, subject to the following conditions: An 8' tall wood screening fence and a 10' wide landscape strip will be required along the north property line and a 6' wide landscape will be required along the parking lot frontage along Milam and Denton and interior landscape islands installed. Two handicap stalls will be required. Commissioner Johnson seconded the motion. Motion to approve carried 9:0. 5) File 1918-Z: Request for a zone change from RS (Residential Single Family Dwelling) District to GC -MD (General Commercial -Multiple Family Dwelling) District or more restrictive district. Location: 610 W. Lucas Applicant: Kathy Scott (Commissioner Nejad abstained from this request.) Mr, Richardson presented the staff report. Kathy Scott, the applicant, recently attempted to get a certificate of occupancy to lease the commercial building on the property. At that time, it was discovered that the property's zoning is split between 7 Pimming Commission November 19, 2007 RS and GC -MD. In order to correct this zoning oversight, she is requesting that Lot 8 be rezoned to GC -MD to match the rest of her property. Mr. Richardson recommended approval of the request. Thirty-one notices were mailed to property owners within 200 feet. Two responses in favor and none in opposition were returned. Vice -Chairman Makin opened the public hearing and asked for the applicant's comments. Kathy Scott, 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. Commissionet Hallmark made a motion to -approve a zone change from RS (Residential Single Family Dwelling) District to GC -MD (General Commercial - Multiple Family Dwelling) District at 610 W. Lucas as requested in File 1918-Z. Commissioner Kyles seconded the motion. Motion to approve carried 8:0:1. 6) File 1919 P: Request for a specific use permit to allow an assisted living -facility in a GC-MD-2 (General Commercial -Multiple Family Dwelling-2) District. Location: East side of S. Major Drive, south of Pevito Applicant: James Moore, Sr. for Centex Mr. Richardson presented the staff report. Mr. Moore states that the 42,500 sq. ft. assisted living complex will include 54 units with related parking. The building will be one story and will be of brick construction. Mr. Richardson recommended approval subject to the following condition: A sidewalk will be required along S. Major Drive Seven notices were mailed to property owners within 200 feet of the subject property. No responses in favor or in opposition were returned. Vice -Chairman Makin opened the public hearing and asked for the applicant's comments. James Moore, Sr., 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. Planning Commission November 19. 2007 Commissioner Dykeman made a motion to approve a specific use permit to allow an assisted living facility in a GC-MD-2 District on the east side of S. Major Drive, south of Pevito as requested in File 1919-P, subject to the following condition: A sidewalk will be required along S. Major Drive Commissioner Nejad seconded the motion. Motion to approve carried 9:0.. 7) File 1920-Z: Request for. a zone change from GC -MD (General Commercial - Multiple Family Dwelling) District to.RS (Residential Single Family Dwelling) District or more restrictive district. Location: South side of Sarah, approximately 712 feet west of Warren Applicant: Mark W. Whiteley & Associates, Inc. Mr. Richardson presented the staff report. The subject property is located on the south side of Sarah, immediately west of the.Melton YMCA. Antioch Missionary Baptist Church plans to develop Jehovah Jireh Village on the subject property. Since single family homes are not permitted in the GC -MD District, therefore, a zone change.is necessary. Mr. Richardson recommended approval of the request. Six notices were mailed to property owners within 200 feet of the subject property. No responses in favor or in opposition were returned. Vice -Chairman Makin opened the public hearing and asked for the applicant's comments. Tom Rowe, with Mark Whiteley & Associates, addressed the Commission. Vice -Chairman Makin asked for comments in favor or in opposition. No comments were made. The public hearing was closed. Commissioner Collins made a motion to approve a zone change from GC -MD (General Commercial -Multiple Family Dwelling) District to RS (Residential Single Family Dwelling) District on property located on the south side of Sarah, approximately 712 feet west of Warren as requested in File 1920-Z. Conunissioner Kyles seconded the motion. Motion to approve carried 9:0. 8) File 50-HC: Request for an HC (Historic -Cultural Landmark Preservation Overlay) District. Location: 1822 Broadway Applicant: George and Sandra Bullington 01 Planning Commission November I9, 2007 Mr. Richardson presented the staff report. The homeowners, George and Sandra Bullington, are requesting this designation. The house was one of the first Arts and Crafts and Neo-Classical bungalow style homes built in Beaumont. O.H. Pennock Jr. was the original owner of the house. He was an accomplished businessman with interests in finance, real estate and insurance. The architect and builder of the house was H.C. Banker and Company. Construction started in 1910. The home has a number of unique architectural features that the Bullington's preserved while restoring the house. One of the claims to fame that might be of interest is that the house was the Half Way House Coffee House in 1966 and 1967. During that time, a number of entertainers such as Jerry Jeff Walker, Johnny Winter and Janis Joplin performed there before going on to the national level. Mr. Richardson recommended approval of the request. Twenty-four notices were mailed to property owners within 200 feet. No responses in favor or in opposition were returned. On November S, 2007, the Historic Landmark Commission recommended approval of the request. Vice -Chairman Makin opened the public hearing and asked for the applicant's comments. George and Sandra Bullington, the applicant's, addressed the Commission. Vice -Chairman Makin asked for comments in favor or in opposition. No corranents were made. The public hearing was closed. Commissioner Hallmark made a motion to approve a request for an HC (Historic Cultural Landmark Preservation Overlay) District at 1822 Broadway as requested in File 50-HC. Commissioner Kyles seconded the motion. Motion to approve carried 9:0. 9) File 721-OB: Request for an amendment to the Zoning Ordinance, Section, 30-24 and 30-33 to restrict the accessory parking of commercial vehicles with more than two -axles or that have a rated carrying capacity in excess of two tons on undeveloped properties zoned GC -MD (General Commercial -Multiple Family Dwelling) District. Applicant: City of Beaumont Planning Division Mr. Richardson presented the staff report. The Community Development Department has been receiving complaints about the parking of large commercial trucks on undeveloped properties. Theproblem stems from vacant properties being owned by or leased to owners of large commercial trucks who need a place to park their vehicles when not on the road. 10 Planning Commission November 19, 2007 The Zoning Ordinance currently allows by -right the parking of vehicles as a primary use. on properties zoned GC -MD, CBD, C-M, LI and HI. A specific use permit is required for such panting in the RCR, NC and GC-MD-2 Districts. The parking of large trucks can impact those areas where GC -MD zoning is adjacent -to or near residential zoning. Individuals living near GC -MD zoned properties currently have no say on whether large trucks can be parked on those properties. Mr. Richardson recommended that on undeveloped properties, the parking of commercial vehicles with more than two axles or that have a rated carrying -capacity in excess of two tons require a specific use permit. This recommendation would make the parking of such vehicles in a GC -MD District consistent with the RCR, NC and GC-MD-2 Districts. This would not affect the accessory parking of large trucks on developed property in a GC -MD District. Vice -Chairman Makin opened the public hearing and asked for comments in favor or in opposition. No comments were made. The public hearing was closed. Commissioner Collins made a motion to approve an -amendment to the Zoning Ordinance, Section 30-24 and 30-33 to restrict the accessory parking of commercial vehicles with more than two axles or that have a rated carrying capacity in excess of two tons on undeveloped properties zoned GC -MD (General Commercial - Multiple Family Dwelling) District as requested in File 721-OB. Commissioner Johnson seconded the motion. Motion to approve carried 9:0. Old Town Rezoning Study Mr. Richardson stated that the appointments for the Old Town Rezoning Study Committee are Commissioners Nejad, Gibbs from the Planning Commission, Commissioner Paula Blazek from the Historic Landmark Commission and James Chavis upon recommendation from Glenn Bodwin. One or two more appointments are expected to be made in the near future. THERE BEING NO' FURTHER BUSINESS, THE MEETING WAS ADJOURNED. 11