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HomeMy WebLinkAbout2-19-01 PC MinutesMINUTES REGULAR MEETING AND JOINT PUBLIC HEARINGS PLANNING COMMISSION CITY COUNCIL February 19, 2001 City Council Chambers A'Regular Meeting and Joint Public Hearings of the Planning Commiss ' ionand City Council were held on February 19, 2001 with the following members present: Commission members present: Vice -Chairman Greg Dykeman Commissioner Dale Hallmark Commissioner Dohn LaBichc Commissioner Albert Robinson Commissioner Bill Lucas Commissioner Marty Craig Commission members absent: Chairman Laurie Leister Commissioner Glenn Bodwin Commissioner Carlos Hernandez Councilmembers present: Mayor David W. Moore Councilman -at -Large Andrew Cokinos Councilmember Lulu Smith Councilmember Bobbie Patterson Councilman Audwin Samuel Councilmembers absent: Mayor Pro-Tem Guy Goodson Councilmember-at-Large Becky Ames Also present: Stephen Richardson, Planning Manager; Murray Duren, Senior Planner; Tyrone. Cooper, First Assistant City Attorney; Adina Abshire, Planning Technician; Jill Cole, Recording Secretary; Stephen J. Bonczek, City Manager and Kyle Hayes, Assistant City Manager APPROVAL OF THE MINUTES Commissioner LaBiche made a motion to approve the minutes of the Regular Meeting and Joint Public Hearings held January 17, 2001. Commissioner Craig seconded the motion. Motion to approve carried 6:0. planning Commission February 19. 2001 REGULAR MEETING 1) Roland Addition - Vacation: Consider the vacation of the undeveloped Roland Addition. Location: 3700 and 3800 blocks of Roland Road Applicant: Reginald Johnson Mr. Richardson stated that Reginald Johnson has purchased the 7.8 acres known as Roland Addition. No lots were ever sold nor any public improvements made. Mr. Johnson wishes to build his home on the property. Mr. Richardson'recommended approval of the vacation of the Roland Addition. Commissioner Robinson made a motion to approve the vacation of the undeveloped Roland Addition as submitted. Commissioner Hallmark seconded the motion. Motion to approve carried 6:0. 2) File 610-OB: Request to abandon Hazel Avenue adjacent to Sabine Tabernacle Church. Applicant: Richard Worthey for Sabine Tabernacle Church Mr. Richardson stated that the abandonment request is for a 3 11.5' section of Hazel Avenue, east of Forrest Street. Sabine Tabernacle owns the property on either side of this portion of Hazel. The church has a master plan for a future building expansion that will take in part of the street. There are no utilities or public services in the right-of-way. No objections were received. Mr. Richardson recommended approval of the abandonment request. Slides of the subject property were -shown. Commissioner Craig made a motion to approve the request to abandon Hazel Avenue adjacent to Sabine Tabernacle Church as submitted in File 610-OB. Commissioner Robinson seconded the motion. Motion to approve carried 5:0: 1 (LaBiche). 3) File 611 -OB: Request to abandon a 20' alley in Block 59 of the Van Wormer Addition. Applicant: Eduardo Lugo P Planning Commission February 19. 2001 Mr. Richardson stated that the applicant, Mr. Lugo, owns all of this block and want; to build a new building for his landscaping business. There were no objections received for this request. No utility easements will need to be retained. Mr. Richardson recommended approval of the abandonment request. Commissioner Hallmark made a motion to approve the request to abandon a 20' alley in Block 59 of the Van Wormer Addition as submitted in File 611 -OB. Commissioner LaBiche seconded the motion. Motion to approve carried 6:0. JOINT PUBLIC E[EAMGS Mayor Moore called the Joint Public Hearings of February 19, 2001 to order and explained the purpose of the joint hearing process and then turned the meeting over to Vice- Chairman Dykeman. He explained the policies and procedures for the hearing process. File 1542-Z: Request for a zone change from. GC-MD-2 (General Commercial - Multiple Family Dwelling-2) to GC -MD (General Commercial -Multiple Family Dwelling) District for a 3.2189 acre tract. Location: 3000 block of Dowlen Road Applicant: Dowdel Investments by Sam Parigi Mr. Richardson told the Commission and Council that the subject request will be part of a new shopping center being developed at the northwest comer of Dowlen and Delaware. The owners of two pad sites want to have all of their property zoned GC -MD. One of these pad sites is split by GC-MD-2 and GC -MD zoning. Mr. Richardson recommended approval of the request. 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. Vice Chairman Dykeman opened the public hearing and asked for the applicant's comments. Sam Parigi, the applicant, addressed the Commission. Planning Commission February 19, 2001 Vice Chairman Dykeman 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 zone change from GC-MD-2 to GC -MD District for_.a 3.2189 acre tract in the 3000 block of Dowlen Road as requested in File 1542-Z. Commissioner Lucas seconded the motion. Motion to approve carried 5:0:1 (LaBiche). 2) File 1543-Z: Request for a zone change from GC -MD (General Commercial - Multiple Family Dwelling) to RM-H (Residential Multiple Family Dwelling-Highel Density) District. Location: 2201 E. Lucas Drive Applicant: Harold Garner Mr. Richardson stated that the applicant, Harold Garner, wants to sell and have moved his existing house and garage apartment off of the subject property. In its place, he will build a new home. Part of his property is already zoned RM-H. Mr. Richardson recommended approval of the request. Nineteen 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. Vice Chairman Dykeman opened the public hearing and asked for the applicant's comments. Harold Garner, the applicant, addressed the Commission. Vice Chairman Dykeman asked for comments in favor or in opposition. No comments were made. The public hearing was closed. Commissioner Hallmark made a motion to approve the zone change from GC -MD to RM-H District at 2201 E. Lucas Drive as requested in File 1543-Z. Commissioner Robinson seconded the motion. Motion to approve carried 6:0. 3) File 1544 : Request for a zone change from NC (Neighborhood Commercial) to C-M (Commercial Manufacturing) District. Location: 645 Delmar at Fannin Applicant: Roger Van Brocklin rd planning Commission February 19, 2001 Mr. Richardson stated that the applicant, Roger Van Brocklin, owns Eastex Pressure Washers in Lumberton and wants to relocate his business in order to be closer to his customers. He sells and services high pressure washing equipment. In 1984, the City conducted a zoning study of this area and rezoned the subject property to NC. While there is some residential in the area, the property abutting the subject property is vacant. To the west is a large scrap metal works and is zoned HI (Heavy Industrial) District. Atthe end of Delmar is LI (Light Industrial) zoning Mr. Richardson recommended approval of the request. Twenty-six 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. Vice -Chairman Dykeman asked for the applicant's comments. Roger Van Brocklin, the applicant, addressed the Commission. Vice -Chairman Dykeman 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 zone change from NC to C-M for the property at 645 Delmar, at Fannin as requested in File 1544-Z. Commissioner LaBiche seconded the motion. Motion to approve carried 6:0. 4) File 1545-Z: Request for a zone change from RS (Residential Single Family Dwelling) to NC (Neighborhood Commercial) District. Location: 711 W. Lucas Drive Applicant: Darlene W. Howard Mr. Richardson told the Commission and Council that the applicant, Darlene Howard, is operating a dressmaking/alteration shop at the subject property. Her application is in•response to a complaint received by Development Services and a follow-up investigation. The Zoning Ordinance allows dressmaking as a home occupation. However, an investigation by Development Services describes a much more intense use. The investigation was made by Bonnie Semien, City Code Enforcement Officer. To grant this request would be to create "spot zoning". The surrounding properties are all zoned RS. In addition, allowing this zoning would allow the intrusion of commercial uses into a residential neighborhood. Mr. Richardson recommended denial of the request. planning Commission February 19, 2001 Sixteen notices were mailed to property owners within 200 feet. One response in favor and five in opposition were returned. . Slides of the subject area were shown. In response to Commissioner Hallmark, Bonnie Semien stated that there were two employees working when she made her inspection. She stated that her inspection was a result of complaints from surrounding neighbors. Vice -Chairman Dykeman opened the public hearing and asked for the applicant's comments. Darlene Howard, the applicant, addressed the Commission. Ms. Howard lives in the house with her mother, Dorothy McShan, who bought the house. Ms. Howard stated that she does not run a dressmaking shop out of the house and that there are no other employees. She had one other employee, but she is no longer working for her. She stated that she does alterations, but no commercial sewing. Vice -Chairman Dykeman asked Ms. Howard how long she had been performing alterations at this location. Ms. Howard replied that she and her mother moved in the house in December and she began making alterations in January. She said that the day Ms. Semien came by, her employee was there working and a gentleman was there but he was not working. She said she removed the "open" sign as Bonnie asked her to do. Ms. Howard continued to answer questions from the Commission regarding prior locations, information from her real estate agent and equipment. Vice -Chairman Dykeman asked for comments in favor or in opposition. Colleen Hanson, a customer of Ms. Howard, spoke in favor of the request. Gary Wallace, 845 Central, addressed the Commission in favor of the request. Sammy Valestro, 7148 S. Gulfway, addressed the Commission in favor of the request. Dorothy McShan, (mother of applicant) 711 W. Lucas, addressed the Commission in favor of the request. Richard Carey, 811 W. Lucas, addressed the Commission in opposition to the request. Rosalie Whitman, 710 W. Lucas, addressed the Commission in opposition to the request. 1.1 planning Commission February 19, 2001 Leonce Acevedo, 1902 W. Lucas, addressed the Commission in opposition to the request. I Rebuttal by Ms. Howard followed. The public hearing was closed. Commissioner Hallmark made a motion to approve the zone change from RS to NC for the property at 711 W. Lucas Drive as requested in File 1545-Z. Commissioner Lucas seconded the motion. Motion to approve failed 2:3:1 (Dykeman). 5) File 1 : Request for a specific use permit to allow a church in an LI (Light Industrial) District. Location: 8370 College Street Applicant: Shannon Denard Mr. Richardson told the Commission and Council that the applicant, Shannon Denard, wants to open a -church that was, most recently, an antique store location. The property is next to Amelia Restaurant. Mr. Richardson recommended approval of this request. Seven notices were mailed to property owners within 200 feet. One notice in favor and none in opposition were returned. Slides of the subject property were shown. Vice -Chairman Dykeman opened the public hearing and asked for the applicant's comments. Shannon Denard, the applicant, addressed the Commission. Vice -Chairman Dykeman asked for comments in favor or in opposition. No comments were made. The public hearing was closed. Commissioner Hallmark made a motion to approve the specific use permit to allow a'church in an LI District at 8370 College Street as requested in File 1546-P. Commissioner Robinson seconded the motion. Motion to approve carried 6:0. 6) File 1547-P: Request for a specific use permit to allow a cellular communications tower in an RS (Residential Single Family Dwelling) District. Location: Northeast comer of E. Irby and Highland Avenue Applicant: American Tower Corporation - Greg Josefsberg 7 Planning Commission February 19, 2001 Mr. Richardson told the Commission and Council that the subject request was to allow the construction of a 190 foot tall cell tower in an RS District. American Tower Corporation wants to lease a 75'x 75' parcel from Trinity Church for the erection of this tower. The unmanned tower would be self-supporting with four antennas and a 10'x 121 equipment shelter. The site will be enclosed with a 6' chain link fence. If approved, landscaping and screening requirements would be required along the north and east property lines. That would include an 8' screening fence and a 10'wide landscape buffer. The applicant states that the tower will comply with all FCC and FAA guidelines and will not interfere with radio and television reception. Proposed are two site plans. One with the tower at the east end and the other site plan is with the tower at the west end of the property. While there is some commercial across the greet from the subject property, east of Highland is residential. W. Richardson stated that he has concerns on the negative effect that this tower might have on the existing residential - both visually and economically. - Mr. Richardson recommended denial of the request. Twenty-two notices were mailed to property owners within 200 feet. Two in opposition and none in favor were returned. Slides of the subject property were shown. Vice -Chairman Dykeman opened the public hearing and asked for the applicant's comments. Greg Josefsberg with American Tower Corporation, the applicant, addressed the Commission. Mr. Josefsberg responded to the points in staffs recommendation. Regarding the negative effect -on surrounding property, he said that the area is made up of very mixed uses, therefore, a tower would be compatible. The second issue was whether the location would impede additional residential construction on vacant lots. It was his opinion that it wouldn't because he found only two other lots within mo blocks. Dimensions of the lot would not support any single family detached house other than a mobile home because of the narrowness of it. The third issue was whether or not the tower would act as a catalyst for neighborhood development. It was his opinion that it would because he agrees that the area should be going through a revitalization and it's his opinion that the services that will be provided in this area of town will not only affect that one specific neighborhood but other areas as well. P, planning Commission February 19, 2001 Vice -Chairman Dykeman asked for comments in favor or in opposition. None were made. The public hearing was closed. Discussion of landscaping followed. Commissioner Craig made a motion to approve the specific use permit to allows cellular communications tower in an PS District at the northeast comer of E. Irby and Highland Avenue as requested in File 1547-P, subject to the tower being a monopole structure, landscaping outside the wooden fence and placing the monopole -at the farthest point from the residences. Commissioner LaBiche seconded the motion. Motion to approve carried 5:1 (Hallmark). 7) File 602-0 : Request for an amendment to Section 30-212 (e) (8) a. of the City of Beaumont Zoning Ordinance. Applicant: City of Beaumont Planning Division Mr. Richardson stated that the subject amendment addresses the permitted setback for signs in an historic district. Currently the ordinance requires that no part ofa sign shall be closer than 15 feet from any property line. Experience has shown that this setback is unreasonable. Mr. Richardson recommended that the ordinance be changed to require a 5 foot setback. On February 12, the Historic Landmark Commission recommended approval of this change. Commissioner LaBiche made 'a motion to approve the request foran amendment to Section 30-21.2 (c) (8) a. of the City Zoning Ordinance to reflect a 5 foot setback requirement from any property line for signs in an historic district as opposed to 15 feet as requested in File 609-013. Commissioner Robinson seconded the motion. Motion to approve carried 6:0. R" "I 11AW-II&WIl *V THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED AT 5:25 P.M. Z