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HomeMy WebLinkAbout6-17-02 HLC MinutesI MINUTES REGULAR MEETING AND JOINT PUBLIC HEARINGS PLANNING COMMISSION CITY COUNCIL June 17, 2002 City Council Chambers A Regular Meeting and Joint Public Hearings of the Planning Commission and City Council were held on June 17, 2002 with the following members present: Commission members present: Chairman Laurie Leister Vice -Chairman Greg Dykeman Commissioner Bill Lucas Commissioner Glenn Bodwin Commissioner Marty Craig Commissioner Carlos Hernandez Commissioner Walter Kyles Commission members absent: Commissioner Dale Hallmark Commissioner Dohn LaBiche Councilmembers present: Mayor Pro -Tern Lulu Smith Councilman -at -Large Andrew Cokinos Councilmember-at-Large Becky Ames Councilman Guy Goodson Councilmember Bobbie Patterson Councilman Audwin Samuel Councilmembers absent: Mayor Evelyn Lord Also present: Stephen Richardson, Planning Manager; Tyrone Cooper, First Assistant City Attorney; Jill Cole, Recording Secretary; Cheryl Robinson, Senior Planner; Stephen Bonczek, City Manager and Kyle Hayes, Assistant City Manager APPROVAL OF THE MINUTES Commissioner Craig made a motion to approve the minutes of the Regular Meeting and Joint Public Hearings held April 15, 2002.. Commissioner Lucas seconded the. motion.. - Motion to 4pprove carved 5.:0. • - Planning Commission June 17, 2002 REGULAR MEETING 1) Preliminary Plat -West Chase Village, Section Two: Consider the Preliminary Plat of West Chase Village, Section Two; Lots 1-2 1, Block 1; Lots 13-18, Block 3; Lots 1-7, Block 4; Lots 1-7, BIock 5 out of the H. Williams Survey, Abs. #56. Applicant: Fittz and Shipman, Inc. for Nichols Development Mr. Richardson stated that the subject plat contains 13.3 acres and is to be developed into 41 single family residential lots. The property lies east of Major Drive, north of West Chase Village, Section One. The applicant is asking for a variance to the 25 foot front yard setback for Lots 9- 12, Block 1. The setback would be 20 feet instead of the required 25 feet. The proposed street includes a curve to allow the remaining lots further north to achieve the required 25 foot setback. A similar request was made and granted for lots along the west side of Sunflower Lane in West Chase, Section One due to changes in the west line of the plat to allow alignment with houses further north in Section Two. VI The plat was sent to all interested parties for review and a number of comments were received. Mr. Richardson recommended approval of the plat subject to a variance to the front yard setback and compliance with the following conditions: 1) Provide a fire hydrant layout that. is satisfactory to the Fire Department. (Fire Department) 2) Provide a temporary cul-de-sac at the dead-end of the "no name" street. (Traffic) 3) Provide street lights at each intersection and along all roadways so as to provide an average spacing that does not exceed 250 feet. (Traffic) 4) Provide an erosion control plan, a grading permit before any clearing or construction begins and submit a site plan showing temporary erosion control devices when applying for a grading permit. (Engineering) 5) Change the name of West Chase Drive and provide a name for the unnamed street. (Planning) In response to Chairman Leister, Mr. Richardson read the responses received: 1) We needed to provide a fire hydrant layout that is satisfactory to the Fire Department. 2) Provide a temporary cul-de-sac at the dead end of the "no name" street. 3) Provide street lights at each intersection in a long roadway so as to not exceed the average spacing of 250 feet. 4)--- AP , rovide an erosion control plan, ; �' • ) ;. ange the mane of West'Chase Dive and provide a name for•the unnamed r : •' strut. 2 Planning Commission June 17.2002 In response to Vice Chairman Dykeman, Mr. Richardson said the reason for the name change is because there is already a West Chase in Beaumont. Chairman Leister asked for the applicant's comments. John Holm of Fittz and Shipman, the applicant, addressed the Commission. Vice -Chairman Dykeman made a motion to approve the Preliminary Plat of West Chase Village, Section Two as requested subject to compliance with the following conditions and the granting of a variance to the 25' front yard setback for Lots 9-12, Block 1 to 20 feet: 1) Provide a fire hydrant layout that is satisfactory to the Fire Department. (Fire Department) 2) Provide a temporary cul-de-sac at the dead-end of the "no name" street. (Traffic) 3) Provide street lights at each intersection and along all roadways so as to provide an average spacing that does not exceed 250 feet. (Traffic) 4) Provide an erosion control plan, a grading permit before any clearing or construction begins and submit a site plan showing temporary erosion control devices when applying for a grading permit. (Engineering) 5) Change the name of West Chase Drive and provide a name for the unnamed street, (Planning) Commissioner Craig seconded the motion. Motion to approve carried 5:0. 2) Vacation - Pinebrook Place Unit Two: Consider the Vacation of the original plat ofPinebrook Place, Unit Two; Lots 1-2, Block 3; Lots 1-15, inclusive Block4; Lots 1-15, inclusive Block 5; 7.832 acres out of the F. Bigner Survey. Applicant: Beaumont Habitat for Humanity Mr. Richardson stated on February 20, 2002, the Planning Commission approved a preliminary plat for Pinebrook Place, Unit II. Since that time, it was discovered that there was already a plat filed on this property. (Commissioners Bodwin and Hernandez arrived.) In order to properly receive preliminary and final plat approval, the original plat must be vacated. The subdivision regulations allow a plat to be vacated by the Planning Commission. Mr. Richardson recommended approval of the vacation. Planning Commission June 17, 2002 Don King of Fittz and Shipman, the applicant, addressed the Commission. Commissioner Craig made a motion to approve the vacation of the original plat of Pinebrook Place, Unit Two as requested. Commissioner Lucas seconded the motion. Motion to approve carried 7:0. 3) Prelimina Plat - Pinebrook Place Unit Two: Consider the Preliminary Plat of Pinebrook Place, Unit Two; Lots 1-2, Block 3; Lots 1-15, Block 4 and Lots 1-15, Block 5; 7.831 acres out of the-F. Bigner Survey, Ab. 1. Applicant: Fittz and Shipman, Inc. Habitat for Humanity is requesting preliminary plat approval for a 7.88 acre tract of land to be developed as a 34 lot, single family residential subdivision. The property lies west of Bigner Road north of Nelkin Lane. Habitat is asking for a variance to the maximum 800 foot cul-de-sac length. The :+ length of Jenard from the intersection of Nelkin to Jenard's northern end is .mi approximately 930 feet. The plat was sent to all interested parties for review. Comments were received as follows: 1) The northern end of Jenard Lane should terminate in a temporary cul-de- sac and include the installation of three OM4P end -of -roadway markers at the completion of Phases 1 and 2. (Traffic) 2) An erosion control plan is required. (Engineering) 3) A grading permit must be obtained before any clearing or construction begins. (Engineering) 4) Submit a site plan showing placement of temporary erosion control device when applying for a grading permit. (Engineering) Mr. Richardson recommended approval subject to conditions 1-4 and a variance to the maximum cul-de-sac length. Chairman Leister asked for the applicant's comments. Don King of Fittz and Shipman, the applicant, addressed the Commission. Commissioner Lucas made a motion to approve the Preliminary Plat of Pinebrook Place, Unit Two as requested subject to the following conditions: 1) The northern end of Jenard Lane should terminate in a temporary cul-de- sac and include the installation of three OM4P end -of -roadway markers at the completion of Phases 1 and 2. (Traffic) . .i• 4 _ I 2)''-vAn'•ero,iori.control pla''4As'required."(Enginecring) 4 0 Planning Commission June 17, 2002 3) A grading permit must be obtained before any clearing or construction begins. (Engineering) 4) Submit a site plan showing placement of temporary erosion control device when applying for a grading permit. (Engineering) Approval also includes a variance to the maximum 800 foot cul-de-sac length to 930 feet. Commissioner Bodwin seconded the motion. Motion to approve carried 7:0. 4) File 625-OB: Request to abandon the west 25.1 F of the utility easement in the abandoned Jefferson Street right-of-way between Wall and Forsythe Streets. Applicant: Father Jeremiah McGrath, Diocese of Beaumont Mr. Richardson stated that St. Anthony Cathedral is planning some additions to the exterior of the church. These additions would extend into the existing utility easement. This request was sent to all interested parties. One comment was received from Entergy. They have some utilities on the west side. The church is aware of those utilities and they are working with W. Domino of Entergy in addressing that issue. Mr. Richardson recommended approval of the abandonment of the west 25.1 P of Jefferson Street, subject to an agreement being worked out with Entergy and St. Anthony Cathedral. Chairman Leister asked for the applicant's comments. Martin Scott of St. Anthony Cathedral addressed the Commission. He said that an agreement has been reached with Entergy on locating a transformer on the property and putting in underground lines. Vice Chairman Dykeman made a motion to approve the abandonment of the west 25.1 U of the utility easement in the abandoned Jefferson Street right-of-way between Wall and Forsythe Streets as requested in File 625-OB, subject to an agreement with Entergy regarding the moving of its utilities in the easement in question. Commissioner Hernandez seconded the motion. Motion to approve carved 7:0. 5) File 626-OB: Request to abandon -a portion of the West Florida Avenue right-of- way between Erie Street and the westbound Cardinal Drive feeder road. Applicant: Gene Van Meter Mr. Richardson stated that the request was for the abandonment of a 50' x 88' dead- en. portion of Florida Avenue. Planning Commission June 17, 2002 The applicant, Gene Van Meter, is requesting this abandonment in front of his property. This remnant was left over when Cardinal Drive was developed. Mr. Van Meter states that the subject right-of-way is now used for the dumping of garbage. The only private property that abuts the subject property is Mr. Van Meters. The request was sent to all interested parties. The Traffic Manager said that the City needs this right-of-way for future intersection improvements or re -alignment associated with roadway widening or safety enhancements and is therefore recommending denial of the request. The widening of Florida is not on the CIP (Capital Improvements Program) and the City has no immediate plans to widen this portion of Florida. Florida has been widened to the east, but based upon comments from the Traffic Manager, Mr. } Richardson recommended denial of the request. Commissioner Lucas asked for clarif cation of reasons for denying the request. Mr. Richardson said if and when Florida Avenue is ever widened, no final details have been worked out on how this intersection with the feeder road on Cardinal Drive night be improved. However, the Traffic Manager suggested that the City needs to retain this right-of-way so at such time that Florida is ever widened or the City needs to realign for safety reasons that intersection with the feeder road, there would be adequate room to do that with the remaining portion. Chairman Leister opened the public hearing and asked for the applicant's comments. The applicant, Mr. Van Meter, was not present. Discussion followed on future of subject right-of-way if abandoned to Mr. Van Meter and also options to abandonment, such as the granting of an access easement. Commissioner Craig made a motion to deny a request to abandon a portion of the West Florida Avenue right-of-way between Erie and the westbound Cardinal Drive feeder road as requested in File 626-OB, subject to the City solving the trash problem that prompted the request. Commissioner Lucas seconded the motion. Motion to deny carried 6:1. JOINT PUBLIC HEARINGS Mayor Pro-Tem Smith called the Joint Public Hearings of June 17, 2002 to order and explained the purpose of the joint hearing process and then turned the meeting over to Chairman Leister..She explained the policies and procedures for the hearing process. Planning Commission June 17,2002 Mr. Richardson stated that the applicants for File 1621-P (Item #9) asked for their case to be heard first. 1) File 1621-P: Request for a specific use permit to allow a masonic lodge in an NC (Neighborhood Commercial) District. Location: Northwest corner of Phelan Blvd. and Berry Rd. Applicant: Beaumont Lodge #286 A.F. & A.M. Mr. Richardson stated that meetings will be held once a month to conduct regular fraternal business and as deemed necessary for conducting open meetings, presentations and programs for the fraternity and public interest. Mr. Richardson recommended approval of the request, subject to a redesign of the parking lot to comply with city design requirements. Thirteen notices were mailed to property owners within 200 feet. No responses in favor and one in opposition were returned. Chairman Leister opened the public hearing and asked for the applicant's comments. Henry Dillon, a representative of the lodge, addressed the Commission. In response to Chairman Leister, Mr. Richardson stated that along the street right- of-way, they will be required to put in a 6' landscape strip and with the property to the north, which is single family, they will required to put in a 8' tall screening fence and landscaping. Chairman Leister asked Mr. Dillon about signage and lighting. Mr. Dillon said that there will be only one sign, a masonic insignia, and it will be on the Phelan Boulevard side. Chairman Leister asked if it would be a freestanding sign and Mr. Dillon replied that it will be attached to the side of the building. Mr. Dillon also said that there will be two standard parking lot type risers with landscaping around them. Chairman Leister stated that in the minutes, she would like it stated that there will not be a freestanding sign as part bf the specific use permit. Chairman Leister asked for comments in favor or in opposition. No comments were made. The public hearing was closed. Comnussione'r Craig made a motion to approve a specific use permit. to allow a ; Masp is lodge'in,p NC District -at the -northwest t;orner ctf Phelan Blvd: grxd,,Berry ' Planning Commission June 17, 2002 Road as requested in File 1621-P, subject to redesigning the parking lot to comply with city design requirements and subject to no freestanding signs. Commissioner Lucas seconded the motion. Motion to approve carried 7:0. 2) File 1611-ZIP: Request for a zone change from RM-H (Residential Multiple Family Dwelling -Highest Density) to GC -MD (General Commercial -Multiple Family Dwelling) or more restrictive commercial district and a specific use permit to allow a self -storage facility in a GC -MD District. Location: 9405 College Applicant: Fittz & Shipman, Inc. Mr. Richardson stated the applicants are buying the subject property and want to develop an additional 74 self storage units. Access to these additional units would be through an existing self storage facility that fronts on College Street. That property is zoned GC -MD and received a specific use permit to build that facility in 1999. The applicants are requesting a modification to the landscaping/screening requirements along the south, east and west sides of the property. There is a 40' wide DD##6 drainage easement to the south. The properties to the east and west are wooded. Mr. Richardson recommended approval of a zone change to GC-MD-2 and a specific use permit with a modification to the landscaping requirements along the east and west sides of the property and the screening requirements for the south side of the property. An 8 foot tall screening fence and no trees are recommended along the east and west sides and trees and no fence are recommended along the south side. Thirteen notices were mailed to property owners within 200 feet. Two responses in favor and two in opposition were returned. The responses in opposition were read. Slides of the subject property were shown. Discussion of landscaping followed between Mr. Richardson and the Commission. Chairman Leister opened the public hearing and asked for the applicant's comments. John Holm with Fittz and Shipman, the applicant, addressed the Commission. Mr. Holm asked that they be exempt from building a privacy fence on the east and west sides because. the back of these storage units are going to be. solid metal and there _ won't be anything to bide, Planning Commission June 17, 2002 Chairman Leister asked for comments in favor or in opposition. Karen Mayeux, 1345 Reynolds Road, addressed the Commission regarding her concerns about the overall zoning of the subject area. The public hearing was closed. Commissioner Craig made a motion to approve a zone change to GC-MD-2 and a specific use permit to allow a self -storage facility in a GC -MD District at 9405 College as requested in File 1611-7JP, subject to the deletion of the fence and with a landscape buffer on the east, west and south sides that is to be maintained. Commissioner Bodwin seconded the motion. Motion to approve carried 7:0. 3) File 1614-P: Request for a specific use permit to allow a doctor's office in a PUD (Planned Unit Development) District. Location: 3350 Dowlen Road, Building B, Tuscany Park, Phase I Applicant: Richard Guseman for Brentwood Development Mr. Richardson stated that the proposed office in Tuscany Park will contain 3,200 square feet. Mr. Richardson recommended approval of the request. Ten notices were mailed to property owners within 200 feet. One responses in favor and none in opposition were returned. Chairman Leister opened the public hearing and asked for the applicant's comments. The applicant was not present. Chairman Leister asked for comments in favor or in opposition. No comments were made. The public hearing was closed. Commissioner Bodwin made a motion to approve a specific use permit to allow a doctor's office in a PUD District at 3350 Dowlen Road, Tuscany Park as requested in File 1614-P. Commissioner Hernandez seconded the motion. The motion to approve carried 7:0. 4) File 1615-P: Request for a specific -use permit to allow an antique gallery in a PUD (Planned Unit Development) District. Location: 3350 Dowlen Road, Building B, Tuscany Park, Phase I Applicant: Richard Gusetnan for Brentwood Development Mr. Richardson stated that Hart Galleries wants to open. a 5,600 square foot antique gallery -in a -PUD District. Planning Commission June 17, 2002 Mr. Richardson recommended approval of the request. Ten notices were mailed to property owners within 200 feet of the subject property. One response in favor and none in opposition were returned. Chairman Leister opened the public hearing and asked for any continents. No comments were made. The public hearing was closed. Commissioner Craig made a motion to approve a specific use permit to allow an antique gallery in a PUD District at 3350 Dowlen Road, Tuscany Park, as requested in File 1615-P. Commissioner Hernandez seconded the motion. Motion to approve carried 7:0. 5) File 1616-ZIP: Request for a zone change from RS (Residential Single Family Dwelling) to GC -MD (General Commercial -Multiple Family Dwelling) District or ,., more restrictive commercial district and a specific use permit to allow parking facilities. Location: 2682 Hazel Applicant: McManus Company Mr. Richardson said that in addition to the zone change and specific use permit, the applicants are also requesting a modification to the landscaping/screening requirements along the north and east sides of the subject property. Jeff McManus and Judy McManus Manuel, owners of the McManus Company, want to rezone this property in order to build a driveway to a proposed parking lot and small warehouse they intend to build behind the existing business. The applicants state that their business has grown tremendously over the past five years and are in need of expansion. The applicants state that parking is a serious problem. Currently, they have 8 parking spaces, forcing customers and employees to park on Hazel. As part of this construction, a 4 space parking lot and new dumpster location will be built. Mr. Richardson stated that even though the Planning Division has typically recommended denial of commercial encroachment from I I' Street into the Odks Historic District, a change to GC-MD-2 and approval of the specific use permit would be appropriate for the following reasons: 1 ►a 3. The subject property is already a vacant lot. No residential structures will be demolished. The zone change is needed to build a driveway to a low traffic proposed parking lot in a GC -MD District. The parking lot will get parked cars off Hazel. •$y..%approving 'GC-MJf 2°Yxoiaing, , the Planning, Qommi.ssion and City Covii6i�fcould require addifioi;i4l Kequireingnts thatwould lessenthe ixrlparf' tiiat.this development might halve on adjacent properties: 10 Planning Commission June 17.2002 Mr. Richardson recommended approval of GC-MD-2 zoning and of the specific use permit subject to the driveway not being used for any truck deliveries and with a modification to the screening/landscaping requirements on the north and east sides of the subject property. Twenty-four notices were mailed to property owners within 200 feet of the subject property. Two in favor and one in opposition were returned. Slides of the subject property were shown and the response in opposition was read. Chairman Leister opened the public hearing and asked for the applicant's comments. Jeff McManus, the applicant, addressed the Commission and answered questions. Chairman Leister 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 zone change from RS to GC-MD- 2 District and a specific use permit to allow parking facilities at 2682 Hazel as requested in File 1616-ZIP, subject to the driveway not being used for any truck deliveries and with a modification to the screening/landscaping requirements on the north and east sides of the subject property. Vice -Chairman Dykeman seconded the motion. Motion to approve carried 7:0. 6) File 43-HC: Request for an HC-L (Historic -Cultural Landmark Preservation) Designation. Location: 2398 Roberts Street Applicant: Rose Sprott Swain Mr. Richardson stated that the subject property was bought by Ed Sprott, Sr. in 1913. Mr. Sprott was the first African American postal worker in Beaumont and one of the first African American landowners in Beaumont. He and his wife, Myrtle, raised nine children in the house. Three of those children became doctors and founded the Sprott Hospital' at 2390 Cartwright. That property was declared a historic landmark by the City in 1999. The family homestead was also the birthplace of some of the early leaders of the black community in Beaumont. This request was approved by the Historic Landmark Commission on May 13, 2002. Mr. Richardson recommended approval of the request. Twenty-three notices were mailed to property owners within 200 feet. One responsc, in favor and. none in opposition -were returned. Slides ofthe sUbjedt.propertywere, shown. 11 Planning Commission tune 17.2002 Chairman Leister opened the public hearing and asked for the applicant's comments. Rose Sprott Swain, the applicant, addressed the Commission. Chairman Leister asked for comments in favor or in opposition. No comments were made. The public hearing was closed.. Commissioner Bodwin made a motion to approve a request for an HC-L Designation at 2398 Roberts Street as requested in. File 43-HC. Commissioner Hernandez seconded the motion. The motion to approve carried 7:0. 7) File 1618-Z: Request for a zone change from GC -MD (General Commercial - Multiple Family Dwelling) to RS (Residential Single Family Dwelling) District. Location: 9800 Block of Old Voth Road Applicant: Sam C. Parigi, Jr. ` Mr. Richardson stated that the subject property contains 1.7 acres. ,7 The applicant, Michael GammiIl, is buying 3 acres of land between Eastex Freeway and Old Voth Road. On the 1.7 acres, he wants to build his home. On the portion that remains GC -MD, he wants to build his office/shop. Mr. Richardson recommended approval of the request. Six 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 Leister opened the public hearing and asked for the applicant's comments. Sam Parigi, 445 N. 14' Street, addressed the Commission. Chairman Leister 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 zone change from GC -MD to RS District for property in the 9800 block of Old Voth Road as requested in File 1618- Z. Commissioner Hernandez seconded the motion. The motion to approve carried 7:0. Planning Commission June 17,2002 8) Files Request for a zone change from RS (Residential Single Family Dwelling) to RM-M (Residential Multiple Family Dwelling -Medium Density) District. Location: 1155 Glendale Street Applicant: John Naymik Mr. Richardson stated that the zone change request was for a 1.12 acre tract of land. Mr. John Naymik, the applicant, would like to rezone in order to build 8 townhouse units on the property. The surrounding property is zoned RS. To the north and west are single family residential uses. To the south is a church. To the east of the property is farm land. This zone change could be considered spot zoning and the following issues should be considered when determining the validity of spot zoning: Developing the property with 8 townhouses would increase the density and traffic in the area. The Comprehensive Plan designates this area as a "stable area". In a stable area, incompatible land uses are discouraged. Again, all surrounding property is zoned RS and while the property is currently developed with an old fire station, the two lots could be used for single family use. Mr. Richardson recommended denial of the request. Seventeen notices were mailed to property owners within 200 feet. Fourteen responses in opposition and none in favor were returned. Slides of the subject property were shown. Chairman Leister opened the public hearing and asked for the applicant's comments. John Naymik, the applicant, addressed the Commission. Chairman Leister asked for continents in favor or in opposition. Reverend W. J. Treece, Pastor of Amelia United Pentecostal Church, 1225 Glendale, addressed the Commission in opposition. He is opposed because of an increase in traffic and noise. Sherman Jones,1225 Glendale, addressed the Commission in opposition. Mr. Jones resides on the Amelia Church property and is concerned about the increase in noise and;also.opening the area up tq more commercial uses. r Planning Commission June 17, 2002 Jesse Brown,1075 Glendale, spoke in opposition to the request. Mr. Brown objects to the proposed use, increased noise, traffic and the decrease in property values. James Martin,1055 Glendale, spoke in opposition to the request. Mr. Martin would like the neighborhood to remain quiet as it is now. David Burgess, 1710 Amelia, spoke in opposition to the request. Joseph Condon addressed the Commission in opposition to the request. Mr. Condon owns properties in the neighborhood. Kathi Weathington Hughes, 1220 Glendale, spoke in opposition to the request. Mark J. Dionne, 1190 Amelia, spoke in opposition to the request. Chairman Leister closed the public hearing. �• Rebuttal by Mr. Naymik. Commissioner Kyles made a motion to deny a zone change from RS to RM-M District at 1155 Glendale Street as requested in File 1619-Z. Commissioner Craig seconded the motion. Motion to deny carried 7:0. 9) File 1620-P: Request for a specific use permit to allow a taxi service in a GC -MD (General Commercial -Multiple Family Dwelling) District. Location: Southwest corner of Center & Liberty Applicant: Leger Enterprises, Inc. Paul and Liz Leger, the applicants and owners of American Quality Cabs, must vacate their current place of business. Therefore, they are in need of a new location to operate their taxi service. The Legers would like to utilize two vacant lots at Liberty and Center. A 10' x 44' modular office would be used as the taxi terminal. This will involve an office and dispatch center. A 30' x 40' metal building will be used for minor maintenance to autos. All major work on vehicles is contracted and will be done off -site. Mr. Richardson recommended approval of the request. Sixteen notices were mailed to property owners within 200 feet. Four responses in opposition and none in favor were returned. Slides of the subject property were shown. Planning Commission June 17,2002 Chairman Leister opened the public hearing and asked for the applicant's comments. The applicants were not present. Chairman Leister asked for comments in favor or in opposition. Mark Lewis, adjoining property owner, addressed the Commission in opposition. Mr. Lewis is concerned that the business would increase thefts in the area. The public hearing was closed. Vice Chairman Dykeman recognized Mr. Lewis' concerns, but feels that the proposed use is consistent with the surrounding neighborhood. He also mentioned that he has passed by the taxi business during late hours at its present location and has never seen anything that would give concern as far as activities. Vice -Chairman Dykeman made a motion to approve a specific use permit to allow a taxi service in a GC -MD District at the southwest corner of Center & Liberty as requested in File 1620-P. Commissioner Bodwin seconded the motion. Motion to approve carried 7:0. Chairman Leister welcomed the newest member of the Planning Commission, Walter Kyles. 10) File 1622-P: Request for a specific use permit to allow the temporary placement of a travel trailer in an RS (Residential Single Family Dwelling) District. Location: 990 Church Street Applicant: Carl B. Moss Mr. Richardson stated that Carl Moss, owner of the property, would like to live in a travel trailer for two months while he remodels the house at 990 Church Street, Mr. Richardson recommended approval of the request. Twenty-two notices were mailed to property owners within 200 feet of the subject property. One response in favor and none in opposition were returned. Chairman Leister opened the public hearing and asked for the applicant's comments. Carl Moss, 1331 Deaton, Lake Charles, Louisiana, addressed the Commission. Mr. Moss asked the City to recognize 990 Church as his address. Chairman Leister asked for comments in favor or in opposition. Z:iIlian"Brazelton, 980 Charch, spoke in`faa or of the request. Planning Commission June 17, 2002 The public hearing was closed. Commissioner Craig made a motion to approve a specific use permit to allow the two month temporary placement of a travel trailer in an RS District at 990 Church Street as requested in 1622 P. Vice -Chairman Dykeman seconded the motion. Motion to approve carried 7:0. (Councilman Samuel arrived.) - 11} File 1623-P: Request for a specific use permit to allow a halfway house for federal offenders in a GC -MD (General Commercial -Multiple Family Dwelling) District. Location: 1255-59 Broadway Applicant: Bannum Inc., dba. Bannum Place of Beaumont The applicant, Bannum, Inc., has submitted a proposal to the Federal Bureau of Prisons to relocate its current facility at 1310 Pennsylvania to the Broadway address. The proposed contract is for five years. There will be an estimated 25 beds for males and 5 beds for females. The facility will provide housing and related services to those persons from Beaumont and the immediately surrounding area who are returning to their home and families. The residents will go to work -daily and return to the facility after work to sleep. Each resident's movement in the community will be monitored. However, there are no bars, locks or other physical restraints. Mr. Richardson recommended approval of the specific use permit. Seventeen notices were mailed to property owners within 200 feet, Five responses in opposition and none in favor were returned. Slides of the subject property were shown. Chairman Leister opened the public hearing and asked for the applicant's comments. David Lowry, Executive Director of Bannum, Inc., addressed the Commission. 'He reiterated that the persons in the subject facility are from Beaumont or the immediate surrounding area. He added that there are no sex offenders housed in the facilities. Residents come back td the facility after work, check in and go to their families' homes and return for the 9 p.m. curfew and check -in. They are checked on two times a day by telephone at their jobs. Drug and alcohol screen tests are done daily. Chairman Leister•asked for comments in favor or in -opposition: ' � 1. • ,�4' . . R - R. .16 Planning Commission June 17, 2002 George Bullington, 1822 Broadway, spoke in opposition to the request. Laura Stager, 1809 Broadway, spoke in opposition. Jean Speer, 1135 McFaddin, spoke in opposition. Carolyn Lane, 1125 North, spoke in opposition. Rette Browning, 1792 Broadway, spoke in opposition. Virginia Jordan, 2145 Hazel, spoke in opposition. Lloyd Blanton, Branch Manager of Ralph's industrial Electronics, spoke in opposition. Ralph's is next door to the proposed facility. Rette Browning submitted Karen and Wayne ingwersen's letter of opposition. The Ingwersen's live at 2501 Broadway. Nan Laing, 495 Pearl, spoke in opposition. Rebuttal by David Lowry. Mr. Lowry answered questions from the Commission regarding choice of location, neighborhood response, etc. Chairman Leister closed the public hearing. Discussion between Commissioner Craig, Chairman Leister and Tyrone Cooper on whether Commissioner Craig should abstain from the case because she lives in the neighborhood. It was determined by Mr. Cooper that she did not have to abstain. Commissioner Kyles made a motion to deny a specific use permit to allow a halfway house for federal offenders in a GC -MD District at 1255-59 Broadway as requested in File 1623-P. Commissioner Lucas seconded the motion. Motion to deny carried 7:0. 12) File 1624-P: Request for a specific use permit to allow an outpatient based family clinic and medical office building in a GC-MD-2 (General Commercial -Multiple Family Dwelling-2) District. Location: 6300 Block of Folsom Extension, East of Major Applicant: Sterling Barnett Little'Architects Mr. Richardson said the subject property is located on the north side of Folsom, between Major Drive and Dowlen Road. Bea4umggtFanvly Practice Associates proposes to build a 15,000 sq. ft. single. story. _ ;: fanjily clinic and medical offidwilding on129 acres. . Planning Commission June 17, 2002 The property is immediately west of a 15,000 sq. f3. office building that is currently under construction. Mr. Richardson recommended approval of the request. Three notices were mailed to property owners within 200 feet of the subject property. One response in favor and none in opposition were returned. Chairman Leister opened the public hearing and asked for the applicant's comments. Michael Parkinson with Sterling, Barnett and Little Architects of Arlington addressed the Commission. Chairman Leister asked for comments in favor or in opposition. - Milt Prewitt, real estate broker, addressed the Commission in favor of the request. Mr. Prewitt represents La -Tex Investors. The public hearing was closed. Commissioner Hernandez made a motion to approve a specific use permit to allow an outpatient based family clinic and medical office building in a GC-MD-2 District for property in the 6300 block of Folsom Extension, east of Major as requested in File 1624-P. Commissioner Craig seconded the motion. Motion to approve carried 7:0. 13) File 1625-P: Request for a specific use permit to allow the expansion of a transitional treatment center (halfway house) in a GC -MD (General Commercial - Multiple Fanuly Dwelling) District. Location: 2435 Gulf Street Applicant: Fittz & Shipman, Inc. Correctional System, Inc. (CSI) has purchased a vacant church at 2435 Gulf Street. The subject property is immediately adjacent to their existing facility. They would like to modify the structure into administrative offices and a dining area. CSI would then convert its present office into a dormitory. The CSI facility currently takes State of Texas parolees. The residents are required to work off -premise and only sleep and eat at the facility. The residents are strictly monitored and any infraction of the rules will constitute the issuance of a warrant for their arrest. ` Mr. Richardson• recommended approval of the request subject to the relocation of e f�nc,- alon' Cottonwood to better accommodate the ro osed' arki ` 11 g • P P P ' 18' .. Planning Commission June 17,2002 Twenty-eight notices were mailed to property owners within 200 feet of the subject property. No responses in favor or in opposition were returned Slides of the subject property were shown, Chairman Leister opened the public hearing. John Holm of Fittz and Shipman, Inc., the applicant, addressed the Commission and introduced Ted Blanchard, Facility Director of the Beaumont Transitional Treatment Center. Mr. Richardson clarified that in speaking with John Holm, it is the applicant's intent to convert the existing office into additional dormitory space which would require review by the Commission and Council, Based upon advice that Mr. Richardson had given the applicant's, the advertisement was just for Lot 9, but the expansion of the dormitory would require an additional specific use permit at a later date. The property was developed as a transitional center when it was a permitted use in a GC -MD District, so it didn't require approval from the Commission and Council. Back in 1998 when some substantial changes to the zoning ordinance were made, it was made a requirement that these types of uses get a specific use permit. They are a legal nonconforming use at this point. Any change or expansion of their existing facility would now require a specific use permit. Commissioner Lucas asked if the people that received notices understand it that way, Mr. Richardson said that they only sent out notices for the expansion onto the church property and explained it that way. Commissioner Craig asked if there were dorms there now. Mr. Holm replied that there were, it is an existing facility that has been there for a number of years. Chairman Leister clarified that the applicant would have to come back later for the expansion of the other facility. Mr. Richardson stated that to turn -what is now the office building into additional dorms would require an additional specific use permit. Mr. Blanchard addressed the Commission. He stated that he has worked with the Cable Street Neighborhood Association, the surrounding businesses and neighbors for the past 5-1/2 years. The curfew for the residents is 6 p.m. and there are no other passes after that, other than those supervised by staff and it•would have to be fgrmgdical or theTapeutic reasoM-* Planning Commission June 17,2002 Vice -Chairman Dykeman asked how many beds did they have now. Mr. Blanchard replied 160. Mr. Dykeman asked to how many did they want to expand. Mr. Blanchard said that they can't immediately expand anything and that this permit would allow them to move the administrative building over and that they have also applied for the federal 30 bed contract that was described earlier. They intend to use an existing building to house those residents with an expansion of 50 beds. If they have to come back and apply for a permit, then that would be an opportunity for any opposition to the expansion of those additional beds, but at this point they are just wanting to remodel the church or take it down and build a new building to accommodate the administrative staff and dining hall for the residents. Vice -Chairman Dykeman asked Mr. Blanchard if they intended to make the changes regardless of whether they are approved for additional beds in their next application. Mr. Blanchard replied yes. In response to Commissioner Lucas, Mr. Blanchard said that of the current 160 residents, there are some sex offenders. .y Chairman Leister asked for comments in favor or in opposition. Roma Roberts, President of Cable Street Neighborhood Association, addressed the Commission in favor of the request. She said that CSI is a very good neighbor and have not caused any problems. Preston Shaw, 4630 Corley, representing Beaumont Independent School District, spoke in opposition of the request. Mr. Shaw said that the school board has concerns about halfway houses that are near school facilities. Paula Moore, 3015 S. Willowood Lane, addressed the Commission in opposition. Glenda McCray, 6429 Bigner Road, spoke in opposition to the request. Ms. McCray is a BISD employee. She has concerns about the sex offenders that reside at the facility and would like to see the facility relocated. Mary Alice Lee, 2345 Brickyard, addressed the Commission in opposition. Pastor Gary Cantue of Maxson Memorial Church, 1304 Evalon, addressed the Commission in opposition. Rebuttal by Ted Blanchard. Mr. Blanchard answered questions from the Commission and Council. Councilman Samuel commented that two individuals called him to express their complajnts about the expansion -of this facility.,,.. , r Planning Commission 3une 17, 2002 Commissioner Kyles made a motion to table the specific use permit to allow the expansion of a transitional treatment center (halfway house) in a GC -MD District at 2435 Gulf Street as requested in File 1625-P. Commissioner Hernandez seconded the motion. Vice -Chairman Dykeman and Commissioner Lucas commented that they are against tabling this case because the facts are going to be the same at the next meeting as they are today. Motion to table failed 2:5. Commissioner Lucas made a motion to approve the specific use permit to allow the expansion of a transitional treatment center (halfway house) in a GC -MD District at 2435 Gulf Street as requested in File 1625-P. Vice -Chairman Dykeman seconded the motion with the caveat that the expansion of this facility will be considered at a later date. Motion to approve carried 5:0:2. 14) File 44-HC: Request for an HC-L (Historic Cultural -Landmark Preservation) Designation. Location; 1021 Bonham Applicant: Willie G. Carrierre Willie Carriere, the property owner, has requested this designation to bring recognition to its role in Beaumont's African -American community. Since 1935, the property has been the location of eight black -owned restaurants: In 1961, Willie and Verdie Mae Carriere began renovation of the property and in 1981, the Carriere's bought the property. The restaurant served the African American community and the downtown for years. Because the building itself has been modified over the years, the Historic Landmark Commission voted to recommend approval of the site only. Twenty-three 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 Leister opened the public hearing and asked for the applicant's comments. Willie Carriere, the applicant, addressed the Commission. Mr. Carriere asked the Commission to designate the building as well as the property with an HC-L. 9 Planning Commission June 17, 2002 Chairman Leister asked for comments in favor or in opposition. No comments were made. The public hearing was closed. Commissioner Lucas made a motion to approve a request for an HC-L Designation for the property only at 1021 Bonham as requested in File 44-14C. Commissioner Bodwin seconded the motion. Motion to approve carried 7:0. 15) File 624-OB: Amendment to Section 30-28 of the Zoning Ordinance regarding sign regulations. Applicant: City of Beaumont Planning Division 16) File 628-OB: Request to amend the Zoning Ordinance with the creation of Section 30-23.2, Downtown Lighting District and amend Section 30-28 (c) 3 and Section 30-28 (f), Sign Regulations. Applicant: City Planning Division Mr. Richardson suggested combining File 624-OB and File 628-OB for consideration. Staff has made a number of recommendations to the sign regulations. These - changes include: O Allow owner identification signs in NC and OP districts to display time, date and temperature. U Prohibit roof mounted signs in the other commercial and industrial districts. C Clarify that there shall be no height, size or setback restrictions for signs in the CBD and PD Districts. a Clarify that signs that flash, have intermittent or moving lights are prohibited except for time, date and temperature in all districts. U Advertising signs are allowed to display time, date and temperature. G Temporary election signs in residentially zoned areas are increased in size from 8 sq. ft. to 11 sq. ft. Also, since staff s original recommendation, Councilman Goodson asked for some suggestions on how signs with flashing or intermittent lighting could be permitted in the downtown area. If it is the Planning Commission's and City Council's desire to allow such, then it is suggested that in the CBD Dist ict, uses in the SIC Manual Major Land Use Group 58, Eating and Drinking Places, Group 78, Motion Pictures, and Group Amusement and Recreation Services be allowed to be illuminated by flashing, intermittent or moving lights. Mr: Richardson recommended that no flashing lights be permitted. A_ _ , Planning Commission June17,2002 Councilman Goodson made comments concerning political signs. Chairman Leister opened the public hearing and asked for comments in favor or in opposition. Christina Delgadillo, representative of Crockett Street Development, addressed the Commission. Sam Parigi suggested that the sign regulations apply to certain portions of downtown and define it by streets, similar to the overlay district that is defined by Gladys, Highway 105, Dowlen and Major Drive. Carolyn Howard, Director of Main Street Program, addressed the Commission. She asked for clarifications of restrictions on sexually oriented businesses in the downtown area and how the new sign regulations would affect those businesses. Mr. Cooper stated that the sexually oriented businesses would be governed by the sexually oriented business ordinance. Further discussion between the Commission followed. Commissioner Hernandez made a motion to table the amendments to Section 30-28 of the Zoning Ordinance regarding sign regulations as stated in File 624-OB and the amendments to the Zoning Ordinance with the creation of Section 30-23.2, Downtown Lighting District and amend Section 30-28 (c) 3 and Section 30-28 (f), Sign Regulations as stated in File 628-OB. Vice Chairman Dykeman seconded the motion. Motion to table carried 7.0. OTHER BUSINESS THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED AT 5:45 P. M. 23