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HomeMy WebLinkAbout1-23-02 PC MinutesMINUTES REGULAR MEETING AND JOINT PUBLIC HEARINGS PLANNING COMMISSION CITY COUNCIL January 23, 2002 City Council Chambers A Regular Meeting and Joint Public Hearings of the Planning Commission and City Council were held on January 23, 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 Dohn LaBiche Commission members absent: Commissioner Dale Hallmark Commissioner Carlos Hernandez Commissioner Albert Robinson Councilmembers present: Mayor Pro-Tem Guy Goodson Councilman -at -Large Andrew Cokinos Councilman Audwin Samuel Councilmember-at-Large Becky Ames Councilmember Bobbie Patterson Councilmember Lulu Smith Councilmembers absent: Mayor David W. Moore Also present: Stephen Richardson, Planning Manager; Tyrone Cooper, First Assistant City Attorney; Jill Cole, Recording Secretary; Adina Abshire, Planning Technician; Cheryl Robinson, Senior Planner; Stephen Bonczek, City Manager APPROVAL OF THE MINUTES Vice -Chairman Dykeman made a motion to approve the minutes of the Regular Meeting and Joint Public Hearings held November 19, 2001 and the minutes of the Public Hearing held October 29, 2001. -Commissioner Craig seconded the motion. Motion to approve carried 5:0. Planning Commission January 23, 2002 REGULAR MEETING 1) Preliminary Plat - Brownstone Park Subdivision: Consider the Preliminary Plat of Brownstone Park Subdivision, Lots 1-28; 5.31 acres out ofthe H. Williams Survey, Ab-56. Applicant: Fittz and Shipman, Inc. for Stephen Brown Mr. Richardson stated that the subject plat is a 28 lot, single family residential subdivision. The developer, Stephen Brown, is requesting variances to the maximum cul-de-sac length of 800'. The proposed cul-de-sac is approximately 850'. Variances to the setback requirements are also being requested. On Lots 1-18, side yard setbacks of 5' (regardless of building height) and 10'rear yard setbacks are being requested. On Lots 19-28, side yard setbacks of 5' (regardless of building height) and 5' rear yard setbacks are being requested. Mr. Richardson recommended approval of the preliminary plat and the variances subject to the following conditions: 1) Name the street. 2) Note the required 30' x 30' sight triangles on each side of the intersection at West Lucas. 3) Determine proper flood zone designation along the east side of the subdivision. 4) Provide a street light at the intersection of W. Lucas and unnamed street. Chairman Leister asked for the applicant's comments. Don King with Fittz and Shipman, Inc., the applicant, addressed the Commission. In response to Chairman Leister, Mr. King said that the price range for the homes in the subdivision would be in the $200,000 range. Chairman Leister expressed concern regarding the rear yard setback request. Discussion between the Commission and Mr. King followed regarding the setback request. Vice -Chairman Dykeman asked Mr. Richardson to explain the purpose of setbacks. Mr. Richardson stated that setbacks are important for aesthetics and fire protection. 2 Planning Commission January 23, 2002 Commissioner Lucas made a motion to approve the Preliminary Plat of Brownstone Park Subdivision, Lots 1-28, as requested. Commissioner Bodwin seconded the motion. Motion to approve failed 2:3. 2) File 619-OB: Request for the abandonment of a portion of Alabama, Cunningham and Cheek Street right-of-way. Applicant: Mark Whiteley & Assoc. For James Simmons - Lamar University Mr. Richardson stated that Lamar University is presently in the process of constructing a second 526-unit student housing complex on the south side of Alabama. To provide access to these accommodations, Lamar is proposing to construct an access entrance to the complex in the present Cheek Street right-of- way. This access entrance would join the two complexes. Lamar owns all the property on both sides of the right-of-way for each portion that is to be abandoned. Parts of these streets have been previously abandoned. Mr. Richardson explained that there were some problems in notifying the interested departments. He had just spoken with the Fire Marshal before the meeting and that he had recommended denial based upon problems with access to existing and proposed buildings. Mr. Richardson recommended approval of the request subject to the moving of all utilities at Lamar's expense or the retainment of the necessary utility and drainage easements and with the approval of the Fire Department. In response to Commissioner Lucas, Mr. Richardson said that there not be any costs incurred by the City. Chairman Leister asked for the applicant's comments. The applicant was not present. Commissioner Craig made a motion to approve the abandonment of a portion of Alabama, Cunningham and Cheek Street right-of-way as requested in File 619-OB, subject to the moving of all utilities at Lamar's expense or the retainment of the necessary utility and drainage easements and with the approval of the Fire Department. Commissioner Bodwin seconded the motion. Motion to approve carried 5:0. 3) Amended Plat - Westchase Village, Section One: Consider the Amended Plat of Westchase Village, Section One; Lots 1-8, Block 1, Lots 1-6, Block 2 and Lots 1-4, Block 3; 4.21 acres out of the H. Williams Survey, Ab-56. Applicant: Fittz and Shipman, Inc. for Nichols Development Co., Inc. Planning Commission January23, 2002 Mr. Richardson stated that this 4.21 acre subdivision received preliminary plat approval in December, 2000. The final plat was fled in November, 2001. The purpose of this amending plat is to alleviate a lot depth condition shown on the final plat. A discrepancy in survey information in Gladys West, Section One was found after approval of the preliminary plat. Street and utility construction drawings were based upon the preliminary plat dimensions resulting in lot depths less than what Nichols Development would like. An additional 5 feet will be allocated for the rear yards. Streets and utilities have been completed and approved by the City. The 5 foot variance will be for Lots 1-8, Block 1 only. The development for the next section of Westchase Village to the north will incorporate a curve in the right- of-way of Sunflower. This will allow the 20 foot front yard building setbacks for these lots to align themselves with the normal 25 foot setbacks on the next section. This request was distributed to all interested parties and no objections were received. Mr. Richardson recommended approval of the amended Final Plat of Westchase Village Addition, Section One and a variance to the front yard building setback from 25 feet to 20 feet for Lots 1-8, Block 1. (Commissioner LaBiche arrived.) Chairman Leister asked for the applicant's comments. John Holm with Fittz and Shipman, Inc., the applicant, addressed the Commission. Vice -Chairman Dykeman made a motion to approve the Amended Plat of Westchase Village, Section One with a variance to the 25 foot front yard building setback for Lots 1-8, Block 1. f the H. Williams Survey, Ab-56. Commissioner Craig seconded the motion. Motion to approve carried 6:0. JOINT PUBLIC HEARINGS Mayor Pro -Tern Goodson called the Joint Public Hearings of January 23, 2002 to order and explained the purpose of the joint hearing process and then turned the meeting over to Chairman Leister. He explained the policies and procedures for the hearing process. 4 Planning Commission January 23, 2002 1) File 1594-P: Request for a specific use permit to allow an office for a massage therapist in an RM-H (Residential Multiple Family Dwelling -Highest Density) District. Location: 8117 Gladys Avenue, Building B, Ste. 103 Applicant: Lief A. Wallace Mr. Richardson stated that the applicant, Mr. Lief Wallace, is a registered massage therapist and registered dispensing optician. He wants to operate his massage therapist and optician businesses out of an existing office suite. Under the Standard Industrial Classification Code, upon which our Zoning Ordinance is based, defines an optician as a retail use. This use is not permitted in an RM-H District. Mr. Richardson recommended approval of the massage therapist office. Fifty-four notices were mailed to property owners within 200 feet. One response in opposition and one in favor were returned. Slides of the subject property were shown. (Commissioner Lucas abstained from File 1594-P.) Chairman Leister opened the public hearing and asked for the applicant's comments. Lief Wallace, the applicant, addressed the Commission. Commissioner Bodwin asked Mr. Wallace about the optician part of the request. Mr. Richardson said that under the (SIC) Standard Industrial Classification Code, upon which the City Zoning Ordinance is based, an optician is defined as a retail use. This use is not permitted in an RM-H District. He clarified that the optician part of this request would not be considered at this time. 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 the specific use permit to allow an office fora massage therapist in an RM-H District at 8117 Gladys Avenue, Building B, Ste. 103 as requested in File 1594-P. Commissioner LaBiche seconded the motion. Motion to approve carried 5:0:1 (Lucas). W Planning Commission January 23, 2002 2) File 1596-P: Request for a specific use permit to allow a wrecker service and storage yard in an GC -MD (General Commercial -Multiple Family Dwelling) District. Location: 3004-3006 Blanchette Street Applicant: Neff Services, Inc. Mr. Richardson stated that earlier this year, Neff Services was cited by the Planning Division for operating a wrecker service at 3004-3006 Blanchette without a specific use permit. A towing service is permitted by right in a GC -MD District as long as no more than 10 vehicles are stored on the premises. The storing of more than 10 vehicles requires a specific use permit. Mr. Richardson recommended approval of the specific use permit. Fifteen notices were mailed to property owners within 200 feet. One response in favor and none in opposition were returned. Slides of the subject property were shown. Chairman Leister opened the public hearing and asked for the applicant's comments.. Kevin Toups, co-owner ofNeff Services, the applicant, addressed the Commission. Chairman Leister asked for comments in favor or in opposition. Chuck Guillory, 8060 Palmetto Dunes, addressed the Commission in favor of the request. Mr. Guillory owns another wrecker service in the vicinity. The public hearing was closed. Commissioner LaBiche made a motion to approve a specific use permit to allow a wrecker service and storage yard in an GC -MD District at 3004-3006 Blanchette Street as requested in File 1596-P. Commissioner Bodwin seconded the motion. Motion to approve carried 6:0. 3) File 1597-P: Request for a specific use permit to allow a retail women's clothing store. Location: 3350 Dowlen Road Applicant: Richard Guseman Mr. Richardson stated that the retail store would be in Building "B", Lot 1, Tuscany Park at 3350 Dowlen Road. 6 Planning Commission January 23, 2002 So far, a restaurant and home decor shop have received specific use permits in Tuscany Park. Mr. Richardson recommended approval of the request. Ten 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 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. In response to Commissioner Lucas, Mr. Richardson said that the parking has been reviewed and approved. Commissioner Bodwin made a motion to approve a specific use permit to allow a retail women's clothing store in Building "B", Lot 1, Tuscany Park at 3350 Dowlen Road as requested in File 1597-P. Commissioner Lucas seconded the motion. The motion to approve carried 6:0. 4) File 614-OB: Request for an amendment to Section 30-21.2 (e) (8) and additions to Section 30-21.2 (a) and 30-21.2 (e) of the Beaumont Zoning Ordinance. Applicant: City of Beaumont Planning Division Mr. Richardson stated that the subject request is to amend the Historic District regulations. It has become apparent that banners and other attention getting devices and outdoor merchandising have become a problems in the historic district. In an effort to correct these problems, staff is recommending that all three be prohibited by ordinance in the historic district. Banners and attention getting devices used by commercial establishments would be prohibited. This ban does exclude U. S. and State flags. On November, 14, 2001, the Historic Landmark Commission recommended approval of these changes. Chairman Leister opened the public hearing and asked for comments in favor or in opposition. No comments were made. The public hearing was closed. 7 Planning Commission January 23, 2002 Commissioner Lucas said he didn't think the ordinance should be amended for just one part of the City, but should include the entire City. Councilman Goodson commented that the City needs to regulate flags and should stipulate that one of each, U.S. and State, would be allowed and that the size of those should be regulated. Commissioner LaBiche made a motion to approve an amendment to Section 30- 21.2 (e) (8) and additions to Section 30-21.2 (a) and 30-21.2 (e) of the Beaumont Zoning Ordinance to amend the Historic District regulations as requested in File 614-OB. Approval is subject to a modification to Section 30-21.2 (e) (8) (c) to permit one (1) U. S. and one (1) State flag, neither to exceed 4' x 6' in size. Vice - Chairman Dykeman seconded the motion. Motion to approve carried 5:1. 5) File 1598-ZIP: Request for a zone change from RM-H (Residential Multiple Family Dwelling -Highest Density) to GC -MD (General Commercial -Multiple Family Dwelling) District and a specific use permit for a climate controlled self -storage facility. Location: West side of Dowlen Road Railroad overpass Applicant: Fittz & Shipman, Inc. for Scott Monroe Mr. Richardson stated that the request is subject to the gating of the entrance on Long Road (Byron Street). The applicant proposes to construct a 60,000 square foot climate -controlled self - storage facility on 4.5 acres located between Dowlen Road and Long Road (Byron Street). The applicant states that typically 8-10 persons per day will visit the facility. Access to the property is shown as being on both Dowlen and Long. The Traffic Manager recommends that the Long Road drive be gated and used for emergency purposes only. Long is a narrow local street with mostly residential uses. Mr. Richardson recommended approval of the zone change and specific use permit request subject to the gating of the entrance on Long Road and that it be used for emergency purposes only. Sixty-four notices were mailed to property owners within 200 feet. No responses in favor or in opposition were returned. Slides of the subject property were shown. Chairman Leister opened the public hearing and asked for the applicant's comments. Planning Commission January 23, 2002 John Holm with Fittz and Shipman, Inc., the applicant, addressed the Commission. Mr. Holm said that the proposed building would be of pre-engineered construction. He requested that the gated entrance on Long Road be waived. John Wilson with Sheri Arnold Properties, addressed the Commission. Mr. Wilson represents the seller. Discussion followed between the Commission, Mr. Holm and Mr. Wilson. Chairman Leister clarified that everything would be in the confines of one building. In response to Commissioner LaEiche, Tyrone Cooper said that the Planning Commission does not have the authority to dictate design like the Historic Landmark Commission. That authority was given to the Historic Commission through ordinance. Chairman Leister asked for comments in favor or in opposition. Gary Hidalgo, 1026 Pine Needles, Sour Lake, addressed the Commission in favor of the request. Mr. Hidalgo is the owner of the subject property. John Lee, 360 Long Road, addressed the Commission in opposition to the request. Mr. Lee turned in responses in opposition to Mr. Richardson from surrounding neighbors. Mr. Lee expressed concerns of drainage problems if the request is approved. Willie Smith, 6927 Calder, addressed the Commission in opposition to the request. He had concerns over the egress to the property. Mildred Doors, 6921 Calder, addressed the Commission. Ms. Doors is the Treasurer of Kingstowne Townhomes. She said she doesn't have an objection to the request if it faces Dowlen and the entrance and exit are on Dowlen, not Long. Courtney Jeffero, 450 Long, addressed the Commission. Ms. Jeffero was concerned about increased traffic on Long Road and the safety of the children in the neighborhood. Darline Lee, 360 Long Road, addressed the Commission in opposition to the request. Mrs. Lee was opposed to the noise that would be generated by the daily operations of the storage business and asked how many units would be in the one building. The public hearing was closed. 9 1 Planning Commission January 23, 2002 Rebuttal by John Holm followed. Mr. Holm said that he doesn't see the drainage as an issue because an in-depth drainage study had been done as part of the request. Discussion followed between the Commission, Council and staff regarding drainage and fencing. Chairman Leister said she would like'to prohibit them from erecting a billboard. Mr. Richardson replied that the Commission can't restrict that. Dimensions of a sign were discussed and agreed upon that it be no larger 6' x 8'. Vice -Chairman Dykeman made a motion to approve a zone change from RM-H to GC -MD District and a specific use permit for a climate controlled self -storage facility on 4.5 acres located between Dowlen Road and Long Road as requested in File 1598-ZIP, subject to the Traffic Manager's recommendation that the Long Road entrance be gated and used for emergency purposes only. The motion failed for lack of a second. Vice Chairman Dykeman made a motion to approve a zone change from RM-H to GC-MD-2 and a specific use permit for a climate controlled self -storage facility on 4.5 acres located between Dowlen Road and Long Road as requested in File 1598- Z/P, subject to the following stipulations: 1) The entrance on Long Road be gated and used for emergency purposes only; 2) The property be developed as shown on the site plan; and 3) The applicant shall construct a sign no larger than 6' x 8' with the option to put it on the roof or on a pole. Commissioner Craig seconded the motion. Motion to approve carried 5:1. OTHER BUSINESS Approval of the 2002 Planning Commission calendar. THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED. 10