Loading...
HomeMy WebLinkAbout5-23-05 PC MinutesMINUTES REGULAR MEETING AND JOINT PUBLIC HEARINGS PLANNING COMMISSION CITY COUNCIL May 23, 2005 City Council Chambers ARegular Meeting and Joint Public Hearings of the Planning Commission and City Council were held on May 23, 2005 with the following members present: Commission members present: Chairman Glenn Bodwin Vice Chairman Lynda Kay Makin Commissioner Dale Hallmark Commissioner Laurie Leister Commissioner Marty Craig Commissioner Walter Kyles Commissioner Greg Dykeman Commissioner Virginia Hurley Alternate Commissioner Steven Johnson Commission members absent: Commissioner Dohn LaBiche Alternate Commissioner Ted Moor Counciimembers present: Mayor Guy Goodson Mayor Pro-Tem Becky Ames Councilmember-at-Large Andrew Cokinos Councilmember Nancy Beaulieu Councilmember Lulu Smith Councilmember Audwin Samuel Councilmember Bobbie Patterson Also present: Stephen Richardson, Planning Manager; Jill Cole, Recording Secretary; Adina Abshire, Planner; Tyrone Cooper; City Attorney; Joe Sanders, First Assistant City Attorney; Kyle Hayes, City Manager APPROVAL OF THE MINUTES Commissioner Hurley made a motion to approve the minutes of the Regular Meeting and Joint Public Hearings held April 18, 2005. Commissioner Makin seconded the motion. Motion to approve carried 9:0. Planning Commission May 23, 2005 REGULAR MEETING 1) PreliminM Plat - Highlands Pointe': Request for the Preliminary Plat of Highlands Pointe', a public street dedication for Pointe' Parkway and platting of Tracts H-1, H-2 and H-3 out of the W. B. Dyches Survey, Abstract No. 17. Applicant: Carroll and Blackman, Inc. Mr. Richardson presented the staff report. The three lots are zoned RM-H. Pointe' Parkway will be developed as a boulevard section that will serve both the adjoining tracts and the future residential development to the north. The developer, with DD#6 participating, will construct a bridge crossing the existing DD#6 charnel, Mr. Richardson recommended approval of the request subject to the following condition: Add Note #9: "All lots shall be graded to drain to streets and shall not drain onto adjacent lots before or after structures are built." The engineer has agreed to this condition. Chairman Bodwin opened the public hearing and asked for the applicant's continents. Joe Pattie with Carroll and Blackman, Inc. was present. Commissioner Craig made a motion to approve the Preliminary Plat of Highlands Pointe', a public street dedication for Pointe' Parkway and platting of Tracts H-1, H-2 and H-3 out of the W. B. Dyches Survey, Abstract No. 17 as requested, subject to adding Note #9: "All lots shall be graded to drain to streets and shall not drain onto adjacent lots before or after structures are built." Commissioner Kyles seconded the motion. Motion to approve carried 9:0. 2) File 681-OB: Request to abandon a 5' wide water line casement crossing Tract 1, Block 27, J. B. Langham Estates. Applicant: Mark Whiteley & Associates, Inc. Mr. Richardson presented the staff report. Within the last several months, Sam Parigi has been working with the City to relocate and add additional water lines in this area to facilitate current and future development. This request was sent to al l interested parties. No negative responses were received. Mr. Richardson recommended approval. Chairman Bodwin asked for the applicant's comments. Mr. Parigi was present at the meeting. Commissioner Kyles made a motion to approve the abandonment of a 5' wide water line easement crossing Tract 1, Block 27, J. B. Langham Estates as requested in File 681-OB. Commissioner Craig seconded the motion. Motion to approve carried 9:0. 2 Planning Commission May 23, 2005 3) File 682-OB: Consider the request to abandon a 20' wide utility easement crossing Tract 61E, Plat RS-5, D. Easley Survey. Applicant: Mark Whiteley & Associates, Inc. Mr. Richardson presented the staff report. The construction of Greenfield Addition is currently underway. After meeting with the City of Beaumont Water Utility Department, it was agreed upon to relocate the existing 10" sanitary sewer line to a new easement on the south end of the subdivision. There are also two SBC cables running in this easement. The engineer is currently negotiating with SBC for the relocation of their lines. This item was sent to all interested parties. No objections were received. However, the City and SBC will require relocating the existing sewer line and telephone cables. Mr. Richardson recommended approval subject to relocating the existing sewer and telephone cables as agreed upon with the City and SBC. Chairman Bodwin asked for the applicant's comments. Sam Parigi addressed the Conunission. Commissioner Kyles made a motion to approve the abandonment of a 20' wide utility easement crossing Tract 61E, Plat RS-5, D. Easley Survey as requested in File 682-OB subject to relocating the existing sewer and telephone cables as agreed upon with the City and SBC, Commissioner Craig seconded the motion. Motion to approve carried 9:0. JOINT PUBLIC HEARINGS Mayor Goodson called the Joint Public Hearings of May 23, 2005 to order and explained the purpose of the joint hearing process and then turned the meeting over to Chairman Bodwin. He explained the policies and procedures for the hearing process. 1) File 1776-Z: Request for a zone change from A-R (Agricultural -Residential), RS (Residential Single Family Dwelling) and RM-H (Residential Multiple Family Dwelling -Highest Density) District to GC -MD (General Commercial -Multiple Family Dwelling) or more restrictive district (Tract One), from A-R (Agricultural - Residential), RS (Residential Single Family Dwelling) and RM-H (Residential Multiple Family Dwelling -Highest Density) to GC-MD-2 (General Comnercial- Multiple Family Dwelling-2) District or more restrictive district (Tract Two) and from A-R (Agricultural -Residential) to RS (Residential Single Family Dwelling) District (Tract Three). Planning Commission May 23, 2005 Location: 3600 block of Dowlen Road, west side (YMCA property) Applicant: Bryan H. Lee Mr. Richardson presented the staff report. Bryan Lee, the applicant, is working with an architect to develop a concept plan for the property. This plan calls for over 78,000 sq. ft. of commercial. The bulk of the commercial would be located in the northeast part of the property. Two commercial pad sites, facing Dowlen, would be made available for sale. In the southeast corner of the property, three 3,000 sq. ft. one story office buildings would be built. The residential portion of the plan would consist of townhomes and single family residential. The 1-1 %2 story townhomes that abut Barrington Heights would be oriented in an east -west direction to lessen the impact on the backyards of houses in Barrington Heights. The single family portion is expected to be a gated community. In the GC-MD-2 portion of the subject property, specific use permits would be required before any development could occur. Mr. Richardson recommended approval of the request. Thirty-six notices were mailed to property owners within 200 feet of the subject property. Four responses in opposition and none in favor were returned. Chairman Bodwin opened the public hearing and asked for the applicant's comments. Bryan Lee, the applicant, addressed the Commission. Steven Jovicich of Heights Venture Architects addressed the Commission on behalf of Mr. Lee and answered questions from the Commission. Chairman Bodwin asked for comments in favor or in opposition. Sam Parigi, 445 N. 14' Street, spoke in favor on behalf of Brent Coon/Tuscany Park. Russell Turkel, 6240 Bankston, spoke on behalf of the Neighborhood Board Association. Mr. Turkel asked for clarification on the request. Frank Henderson, 6010 Barrington, voiced concerns over the proposed development. The public hearing was closed. Rebuttal by Mr. Jovicich. ki Planning Commission May 23, 2005 Discussion followed between the Commission members. Commissioner Johnson made a motion to approve a zone change from A-R (Agricultural -Residential), RS (Residential Single Family Dwelling) and RM-H (Residential Multiple Family Dwelling -Highest Density) District to GC -MD (General Commercial -Multiple Family Dwelling) District (Tract One), from A-R (Agricultural -Residential), RS (Residential Single Family Dwelling) and RM-H (Residential Multiple Family Dwelling -Highest Density) District to GC-MD-2 (General Commercial -Multiple Family Dwelling-2) District (Tract Two) and from A-R (Agricultural -Residential) to RS (Residential Single Family Dwelling) District for property in the 3600 block of Dowlen Road, west side (YMCA property) as requested in File 1776-Z, but including that the northern line on the proposed GC- MD-2 area be extended northward an additional 145 feet. Commissioner Craig seconded the motion. Motion to approve carried 9:0. 2) File 1777-P: Request for a specific use permit to allow a recreational vehicle park in a C-M (Commercial -Manufacturing) District. Location: Intersection of Highway 69 and Highway 347 Applicant: Tri City Property Investments, L. P. Mr. Richardson stated that the applicant asked that their request be postponed. Commissioner Johnson made a motion to table a request for a specific use permit to allow a recreational vehicle park in a C-M (Commercial -Manufacturing) District at the intersection of Highway 69 and Highway 347 as requested in File 1777-P. Commissioner Hallmark seconded the motion. Motion to table carried 9:0. 3) File 1778-P: Request for a specific use permit to allow a mortgage broker in an RCR (Residential Conservation and Revitalization) District. Location: 2630 North Street Applicant: Lawrence D. Bland Mr. Richardson presented the staff report. The applicant, Lawrence Bland, owns Platinum Capital Mortgage. His company does most of its business by phone, mail and fax. The subject property has been used for commercial uses in the past and there are several other businesses in the same block. Mr. Bland is proposing to reconfigure the parking lot in the front. The Traffic Manager is recommending this reconfiguration. In addition, a minimum of two parking spaces would be required in the rear. Mr. Bland is also requesting a modification to the landscaping/screening requirements along the south edge, of the front parking lot and along the north, east and west property lines. Mr. Richardson recommended approval subject to reconfiguring the parking lot in the front and with a modification to the I and scaping/sc reening requirements along Planning Commission May 23, 2005 the south edge of the front parking lot and along the north, east and west property lines. Twenty-five notices were mailed to property owners within 200 feet. One response in favor and one in opposition were returned. Slides of the subject property were shown. Chairman Bodwin opened the public hearing and asked for the applicant's comments. The applicant was not present at the meeting. Chairman Bodwin asked for the comments in favor or in opposition. No continents were made. The public hearing was closed. Commissioner Kyles made a motion to approve a specific use permit to allow a mortgage broker in an RCR District at 2630 North Street as requested in File 1778-P, subject to the following conditions: • Reconfigure the existing parking lot to resemble Parking Plan `B". • Modification to the landscaping/screening requirements along the south edge of the front parking lot (no 6' landscape edge) and along the north, east and west property lines (no 8' fence and 10' landscape strip). • The granting of a variance by the Board of Adjustment to the paving requirement for the rear parking lot. • Allow the applicant to come back within six months. Commissioner Hurley seconded the motion. Motion to approve carried 9:0. Mr. Richardson stated that he would visit with Mr. Bland and the Traffic Manager to see if he needs all the parking spaces shown or if they could be reduced. 4) File 1779-Z: Request for a zone change from RM-H (Residential Multiple Family Dwelling -Highest Density) to GC -MD (General Commercial -Multiple Family Dwelling) District or more restrictive district. Location: 4337 Crow Road Applicant: Robert Chapman Mr. Richardson presented the staff report. The property is currently occupied by a now vacant building that was used as a day care. Robert Chapman, the property owner, would like to demolish that building and construct a new structure to house his insurance agency. He currently offices next door at 4345 Crow Road. That property was rezoned to GC -MD in 2001. Mr. Richardson recommended approval of the request. 0 Planning Commission May 23, 2005 Twenty-two notices were mailed to property owners within 200 feet. No responses in favor or in opposition were received. Slides of the subject property were shown. Chairman Bodwin opened the public hearing and asked for the applicant's comments. Robert Chapman, the applicant, addressed the Commission. Chairman Bodwin asked for comments in favor or in opposition. No comments were made. The public hearing was closed. Commissioner Lei ster made a motion to approve a zone change from RM-H to GC - MD District at 4337 Crow Road as requested in File 1779-Z. Commissioner Craig seconded the motion. Motion to approve carried 9:0. 5) File 1780-P: Request for a specific use permit to allow a college preparatory Christian boarding school in a GC -MD (General Commercial -Multiple Family Dwelling) District. Location: 2525 N. I Ph Street Applicant: Brent Hall The applicant withdrew their request for File 1780-P. 6) File 1781-ZIP: Request for a zone change from RS (Residential Single Family Dwelling) to GC-MD-2 (General Commercial -Multiple Family Dwelling-2) District or more restrictive district and a specific use permit to allow an electrical contractor in a GC-MD-2 District. Location: East side of Goldsborough, approximately 230' south of Byrd Applicant: Red Simpson, Inc. Mr. Richardson presented the staff report. Mike Dubea with Red Simpson, Inc. is requesting this zone change and specific use permit to allow the expansion of their business at 1255 Lindbergh. The subject property is to the east of their current location. The property would be used as a maintenance shop and storage facility for equipment. The request, as submitted, showed access to Chamberlin. The Traffic Manager has expressed concerns with the effects of repeated truck traffic associated with a facility such as this. NO TRUCK signs were previously placed on each end of this segment of Chamberlin in an effort to prevent larger trucks from repeatedly traveling through the neighborhood. Chamberlin, which is residential in nature, is not of adequate design geometrically to safely accommodate oversized traffic on a continued basis. Access to the existing facility is on Lindbergh which is classified as a major collector street. VA Planning Commission May 23, 2005 Mr. Richardson recommended approval of the zone change, excluding Lot 76D and approval of the specific use permit subject to the following conditions: • No access onto Chamberlin Drive shall be permitted. • Abandonment of a portion of Goldsborough (between the existing Red Simpson facility and the subject property) shall be applied for and approved by the City Council. • Access shall be through the existing facility onto Lindbergh. Twenty five notices were mailed to property owners within 200 feet. Three responses in favor and three in opposition were received. Slides of the subject property were shown. Chairman Bodwin opened the public hearing and asked for the applicant's comments. Lance Fox, attorney for Red Simpson, Inc., addressed the Commission. Debbie Sharp of Red Simpson, Inc. addressed the Commission. Chairman Bodwin asked for comments in favor or in opposition. Don Sample, attorney for Mr. T. L. Bean addressed the Commission in favor. Mr. T. L. Bean, 1145 Goldsborough, addressed the Commission in favor of the request. David Pate, 1185 Goldsborough, addressed the Commission in opposition to the request. Tess Pate, 1185 Goldsborough, addressed the Commission in opposition. Charles Rose, 1455 Chamberlin, spoke in opposition to the request. Wanda Brammer spoke in opposition to the request. Ms. Brammer owns the property at 1250 Chamberlin. Anthony Rose, 1445 Chamberlin, spoke in opposition to the request. Samantha Rose, 1455 Chamberlin, spoke in opposition to the request. Sandra Chain, 1360 Chamberlin, spoke in opposition to the request. Gilberto Valdez, 1235 Chamberlin, spoke in opposition to the request. S Planning Commission May 23, 2005 Rebuttal by Lance Fox. Comments from the Commission followed. Commissioner Kyles made a motion to deny a request for a zone change from RS to GC-MD-2 District and a specific use permit to allow an electrical contractor in a GC-MD-2 District located on the east side of Goldsborough, approximately 230' south of Byrd, as requested in File 1781-ZIP. Commissioner Hurley seconded the motion. Motion to deny carried 6:3 (Makin, Dykeman, Leister). 7) File 1782-P: Request, for a specific use permit to allow a church in an RCR (Residential Conservation and Revitalization) District. Location: 1707 and 1717 Pennsylvania Applicant: Followers of Christian Deliverance Followers of Christ Deliverance Ministry would like to build a 1680 sq. ft. sanctuary and related parking. Phase Two would include a 900 sq. ft. addition. The church will have a maximum seating capacity of 30 persons. Reverend Stelly states that activities at the church will include regularly scheduled Sunday and weekday services, church affiliated organizational meetings and gatherings and choir practices. The site plan shows a 10' building setback. A 25' setback is required. Mr. Richardson said that he talked to the applicant and he has said they could accommodate that setback. Mr. Richardson recommended approval of this request subject to the following conditions: • Provide the required landscaping along the west side of the parking lot. • Provide an 8' tall wood screening fence along the north and south property lines. • Modification to the landscaping requirement along the north and south property lines. • Provide a 25' rear yard building setback or receive a variance from the Board of Adjustment. • Provide an additional two parking spaces. Thirteen notices were mailed to property owners within 200 feet. No continents in favor or in opposition were returned. Slides of the subject property were shown. 9 Planning Commission May 23, 2005 Chairman Bodwin opened the public hearing and asked for the applicant's comments. Reverend Joseph Stelly, Sr., 3130 Prairie, the applicant, addressed the Commission Jewel Ryan, 1805 W. Virginia, spoke in favor of the request. Peggy Sinclair spoke in favor of the request. Gloria Madison, 9130 Doty, spoke in favor of the request. Walter Hayes, HI spoke in favor of the request. Lawanda Williams, 2575 Euclid, spoke in favor of the request. Tomisha Hayes spoke in favor of the request. Reverend James Savoy, 2135 Rockwell, spoke in favor of the request. Felicia Michelle Smith, 2931 Roberts, spoke in favor of the request. Prentice Raymond, 3156 Boliver, spoke in favor of the request. Michael Williams, 2575 Euclid, spoke in favor of the request. Laura Shelton, 3235 Corley, spoke in favor of the request. Pastor Margie Stelly of Followers of Christ Church spoke in favor of the request. The public hearing was closed. Commissioner Leister made a motion to approve a request for a specific use permit to allow a church in an RCR District at 1707 and 1717 Pennsylvania as requested in File 1782-P subject to the following conditions: • Provide the required landscaping along the west side of the parking lot. • Provide an 8' tall wood screening fence along the north and south property lines. • Modification to the landscaping requirement along the north and south property lines. • Provide a 25' rear yard building setback or receive a variance from the Board of Adjustment. • Provide an additional two parking spaces. Commissioner Kyles seconded the motion. Motion to approve carried 9:0. 10 Planning Commission May 23, 2005 8) File 1783-P: Request for a specific use permit to allow a church in an RM-H (Residential Multiple Family Dwelling -Highest Density) District. Location: 7575 and 7579 Highway 105 Applicant: Marlon Quibodeaux Mr. Richardson presented the staff report. This property was formally used as a gymnastics/cheerleading studio. In Tune, 2004, City Council approved a specific use permit to allow the conversion of the gymnastics studio into a family entertainment center. Marlon Quibodeaux, the property owner, has since decided to buy property on IH-10 to build the entertainment center. Therefore, Mr. Quibodeaux would like to sell the subject property to the church. Gospel Center Church, which was previously located at 6900 Eastex, is wishing to relocate to the Highway 105 location. The church has a congregation of 150 persons. Services will be held on Sunday mornings and evenings and on Wednesday nights. Mr. Richardson recommended approval of the request. Twenty 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 Bodwin opened the public hearing and asked for the applicant's comments. Marlon Quibodeaux, the applicant, addressed the Commission. Chairman Bodwin asked for comments in favor or in opposition. Donny Flippo, Pastor of Gospel Center Church, spoke in favor of the request. The public hearing was closed. Commissioner Craig made a motion to approve a specific use permit to allow a church in an RM-H District at 7575 and 7579 Highway 105 as requested in File 1783-P. Commissioner Makin seconded the motion. Motion to approve carried 9:0. 9) File 47-HC: Request for an HC-L (Historic Cultural Landmark Preservation) Designation. Location: 1435 Broadway Applicant: Mark Bergeron 11 Planning Commission May 23, 2005 Mr. Richardson presented the staff report. Mark Bergeron is requesting this designation to give him an additional two years to complete the restoration of the subject property. On May 16, the Historic Landmark Commission recommended approval of the HC-L designation. Mr. Richardson recommended approval of the request. Thirteen notices were mailed to property owners within 200 feet. Two responses in opposition and none in favor were returned. Slides of the subject property were shown. Chairman Bodwin opened the public hearing and asked for the applicant's comments. Mark Bergeron, the applicant, addressed the Commission. Chairman Bodwin asked for continents in favor or in opposition. No continents were made. The public hearing was closed. Commissioner Hallmark made a motion to approve an HC-L (Historic Cultural Landmark Preservation) Designation for the house at 1435 Broadway as requested in File 47-HC. Commissioner Johnson seconded the motion. Motion to approve carried 9:0. 10) File 678-OB: Request for an amendment to the Zoning Ordinance, Section 30, to allow electronic reader board signs. Applicant: City of Beaumont Planning Division Mr. Richardson presented the staff report. The Planning Division has had a number of requests and inquiries for and about electronic reader board signs. The Zoning Ordinance prohibits signs with flashing lights or intermittent illumination. When requests for electronic reader board signs have been made, they have been denied based upon the aforementioned prohibition. Staff reviewed a number of sign ordinances from other Texas cities. We looked at Grand Prairie, Waco, Mesquite, Wichita Falls, Tyler and Baytown. The results of that survey are in the staff.report. The City of Beaumont has not permitted flashing signs for many years. Non- electronic, changeable copy reader board signs have served the business community 12 Planning Commission May 23, 2005 for all those years. Staff feels that allowing electronic reader board signs would cause enforcement problems. Mr. Richardson recommended that the ordinance not be amended to allow any sign that contains flashing lights or intermittent illumination. Representatives from Walgreens distributed handouts to the Commission and Council. Comments followed from the Commission members and City Council. Chairman Bodwin opened the public hearing and asked for comments in favor or in opposition. Kevin Hudspeth with Walgreens, 3605 College Street, addressed the Commission in favor of electronic reader board signs. Kenneth Carr, representative for Dowlen Road Church of Christ, addressed the Commission in favor of reader board signs. The public hearing was closed. Discussion followed between the Commission members, Council and staff. Commissioner Hurley made a motion to approve an amendment to the Zoning Ordinance, Section 30, to allow electronic reader board signs as requested in File 678-OB and for staff to propose changes at a later date. Commissioner Kyles seconded the motion. Motion to approve carried 5:4 (Johnson, Leister, Bodwin, Craig). OTHER BUSINESS THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED AT 6:15 P. M. 13