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HomeMy WebLinkAbout7-21-03 PC MinutesMINUTES REGULAR MEETING AND JOINT PUBLIC HEARINGS PLANNING COMMISSION CITY COUNCIL July 21, 2003 City Council Chambers A Regular Meeting and Joint Public Hearings of the Planning Commission and CityCouncil were held on July 21, 2003 with the following members present: Commission members present: Chairman Laurie Leister Commissioner Dale Hallmark Commissioner Lynda Kay Malin Commissioner Marty Craig Commissioner Walter Kyles Alternate Paul Jones Alternate Virginia Hurley Alternate Ted Moor Commission members absent: Vice -Chairman Greg Dykeman Commissioner Carlos Hernandez Commissioner Dohn LaBiche Commissioner Glenn Bodwin Councilmembers present: Mayor Evelyn Lord Mayor Pro-Tem Lulu Smith Councilman -at -Large Andrew Cokinos Councilmember-at-Large Becky Ames Councilman Audwin Samuel Councilmembers absent: Councilperson Nancy Beaulieu Councilmember Bobbie Patterson Also present: Stephen Richardson, Planning Manager; Tyrone Cooper, First Assistant City Attorney; Jill Cole, Recording Secretary; Adina Abshire, Planner; Cheryl Robinson, Senior Planner APPROVAL OF THE MINUTES Commissioner Hallmark made a motion to approve the minutes of the Regular Meeting and Joint Public Hearings held June 16, 2003. Commissioner Craig seconded the motion. Motion to approve carried 8:0. Planning Commission July 21, 2003 REGULAR MEETING 1) Preliminary Plat - Westchase Village, Section III: Consider the Preliminary Plat of Westchase Village, Section III, Lots 4-12, Block 6 and Lots 1-13, Block 7 out of the H. Williams Survey; 5.276 acres. Applicant: Fittz and Shipman, Inc. Mr. Richardson presented the staff report. John Holm, the engineer, is requesting preliminary plat approval of this 22 lot, single family subdivision. The property is an extension of Westchase Village. The subdivision will be served by Fairgreen Court and an extension of Sunflower Lane. This plat was sent to all interested parties. Preliminary plat approval was recommended subject to the following conditions: l) Fairgreen Court is similar to another city street name and needs to be changed. 2) Existing Sunflower Lane needs to be labeled as such. 3) The property owner's signature is required on a preliminary plat. 4) Show how all lots are being provided sanitary sewer service. 5) Sanitary sewer service lines need to be shown on the same side of the lots, either all on the north side or all on the south side. The opposite property corner is reserved for the 10' x 15' Entergy and Time Warner Cable easement. 6) Add one street light between Lots 4 and 5, Block 7. 7) Relocate proposed street light from between Lots 6 and 7, Block 7 to a point between Lots 7 and 8, Block 7. 8) 3 OM-4P end -of -roadway markers are required at the dead-end of Fairgreen Court. 9) Put Note 7: "Lots shall be graded to drain to streets. Lots shall not drain onto adjacent lots before and after structures are built." Chairman Leister asked for the applicant's comments. John Holm of Fittz and Shipman, Inc., the applicant, addressed the Commission. Commissioner Hallmark made a motion to approve the Preliminary Plat of Westchase Village, Section III, Lots 4-12, Block 6 and Lots 1-13, Block 7 subject to the following conditions: 1) Fairgreen Court is similar to another city street name and needs to be changed. 2) Existing Sunflower Lane needs to be labeled as such. 3) The property owner's signature is required on a preliminary plat. 4) Show how all lots are being provided sanitary sewer service. N Planning Commission July 21, 2003 5) Sanitary sewer service lines need to be shown on the same side of the lots, either all on the north side or all on the south side. The opposite property comer is reserved for the 10' x 15' Entergy and Time Warner Cable easement. 6) Add one street light between Lots 4 and 5, Block 7. 7) Relocate proposed street light from between Lots 6 and 7, Block 7 to a point between Lots 7 and 8, Block 7. 8) 3 OM4P end -of -roadway markers are required at the dead-end of Fairgreen Court. 9) Put Note 7: "Lots shall be graded to drain to streets. Lots shall not drain onto adjacent lots before and after structures are built." Commissioner Hurley seconded the motion. Motion to approve carried 8:0. 2) File 654-OB: Request to abandon the alley between Lots 7 and 8, Block 8, Caldwood Addition. Location: 235 West Caldwood Drive Applicant: Linda Tinkle Mr. Richardson stated that the subject request is for the abandonment of a 20' x 197' portion of the alley located between Lots 7 and 8, Block 8, Caldwood Addition. Linda Tinkle, along with her neighbor, is requesting the abandonment of this alley. The request was sent to all interested parties. The City Engineer and the Streets and Drainage Superintendent both objected to the alley abandonment. The City may utilize this alley for the placement of storm water pipes to relieve flooding in the area. Mr. Richardson recommended denial of the request. Chairman Leister asked for the applicant's comments. The applicant was not present. Commissioner Craig made a motion to deny a request to abandon the alley between Lots 7 and 8, Block 8, Caldwood Addition at 235 West Caldwood Drive as requested in File 654-OB. Commissioner Moor seconded the motion. Motion to deny carried 8:0. 3) Request to allow a public hearing on File 1667-ZIP prior to the end of the 12 month period as per Article V, Section 8 (2) of the Planning Commission bylaws. Location: Approximately between Irving and St. Anthony and between McGovern and Schwamer Applicant: Modern, Inc. 3 Planning Commission July 21, 2003 Mr. Richardson stated that in May, 2003, Modern, Inc. was denied a zone change to LI and a specific use permit for all of its property on Irving. Cory Crenshaw, with Modern, Inc., is requesting the opportunity to reappear before the Planning Commission prior to the end of the 12 month waiting period as mandated by the Planning Commission Bylaws. The Planning Commission may grant an exception to that rule upon written request by the applicant. On July 3, Mr. Crenshaw submitted a letter requesting such an exception. Chairman Leister asked for the applicant's comments. Oren Tubbs, Plant Manager for Modern, Inc., asked that Modern be allowed to reappear before the Commission at the October meeting. In the meantime, they hope to resolve the complaints from the surrounding neighborhood. Discussion between the Commission followed. Commissioner Craig made a motion to approve a request to allow a public hearing on File 1667-ZIP prior to the end of the 12 month period as per Article V, Section 8 (2) of the Planning Commission bylaws as requested by Modem, Inc. Commissioner Hallmark seconded the motion. Motion to approve carried 8:0. JOINT PUBLIC HEARINGS Mayor Lord called the Joint Public Hearings of July 21, 2003 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. 1) File 45-HC: Request for an HC-L (Historic Cultural -Landmark Preservation) Designation to be placed on the homestead of Elmo R. Willard, III. Location: 1325 E. Gladys Applicant: Patricia Willard Mr. Richardson stated that the applicant, Patricia Willard, is requesting the historic designation. Built in 1927, the house is the first two story brick home built and owned by an African American family in Beaumont. Mr. Willard and his son, Elmo Willard, Jr. were businessmen and landowners. Elmo Willard, III, became an attorney and, along with his law partner, were active in desegregating all public facilities in Beaumont. In 1998, a new city library was named in honor of Mr. Willard. 4 Planning Commission July 21, 2003 On July l4, 2003, the Historic Landmark Commission voted to recommend approval of the request. Mr. Richardson recommended approval of the request. Twenty-two notices were mailed to property owners within 200 feet. Two responses in favor and none in opposition were received. Slides of the subject area were shown. Chairman Leister opened the public hearing and asked for the applicant's comments. Patricia Willard, the applicant, addressed the Commission and introduced her son, David Willard. Mr. Willard thanked the Commission for their consideration. Chairman Leister asked for comments in favor or in opposition. No comments were made. The public hearing was closed. Commissioner Kyles made a motion to approve the request for an HC-L Designation to be placed on the homestead of Elmo R. Willard, III at 1325 E. Gladys as requested in File 45-HC. Commissioner Craig seconded the motion. Motion to approve carried 8:0. 2) File 653-OB: Request to rename Cedar Street from 40' Street to M. L. K. Parkway to Reverend G. W. Daniels Avenue. Applicant: City of Beaumont Mr. Richardson stated that Sunlight Baptist Church approached the City with the idea of renaming a portion of Cedar Street as a way of honoring its longtime pastor, Reverend G. W. Daniels. Reverend Daniels has served a leadership role in various religious organizations. During the civil rights movement of the 1960's, Reverend Daniels, along with other pastors, fought hard against racial discrimination. He also worked to provide scholarships to needy youth and to provide decent housing for low income families. Reverend Daniels also established the Sunlight Christian Academy, which is one of the few predominately black private Christian schools in Texas. Mr. Richardson recommended approval of the request. Twenty-four notices were mai led to property owners within 200 feet. One response in favor and two in opposition were received. In response to Commissioner Craig, Mr. Richardson said that the responses in opposition were from businesses along Cedar because of the costs involved in changing stationery. 5 Planning Commission July 21, 2003 Chairman Leister opened the public hearing and asked for comments in favor or in opposition. Reverend Curtis Johnson of Sunlight Baptist Church, addressed the Commission in favor of the request. Larry Cheatham, owner of Shaffer Manufacturing at 1655 Cedar Street, spoke in opposition because of costs involved in changing stationery. He asked the Commission for a possible alternative to honor Reverend Daniels. John Robson, owner of Triangle Distilled Water Company at 1950 Cedar, spoke in opposition because of costs involved in changing stationery, boxes, etc. The public hearing was closed. Discussion followed between the Commission, Council and staff regarding possible alternatives. Chairman Leister reopened the public hearing. Sylvia Johnson addressed the Commission. Ms. Johnson is a member of Sunlight Baptist Church. Commissioner Hurley suggested having both names on the street sign, as seen in such cities as Galveston. Larry Cheatham addressed the Commission in favor of that solution. The public hearing was closed. Commissioner Craig made a motion to approve the request to rename Cedar Street from 4ie Street to M. L. K. Parkway to Reverend G. W. Daniels Avenue/Cedar Street pertaining to File 653-OB. Commissioner Kyles seconded the motion. Motion to approve carried 9:0. 3) File 1674-P: Request for a specific use permit to allow a rooming and boarding house in an RM-H (Residential Multiple Family Dwelling -Highest Density) District. Location: 2265 Washington Boulevard Applicant: Preston Leslie Mr, Richardson stated that the applicant, Preston Leslie, proposes leasing rooms to up to 5 individuals. The tenants will use a common kitchen and restroom. Mr. Leslie states that the people he will rent to are in transition of some sort, meaning 0 Planning Commission July 21, 2003 that they are starting over from divorce or relocating and living there until they find permanent addresses or are working short-term jobs. Mr. Leslie only shows two parking spaces on his site plan. One space for each bedroom is required. However, he has submitted a letter from the neighboring property owner which says that Mr. Leslie is in the process of buying the adjacent lot and until that purchase is finalized, the current owner will allow tenants of the rooming and boarding house to park there. Mr. Richardson recommended approval of the request subject to providing a Gwide landscape strip in front of the parking on the adjacent lot. Twenty-nine notices were mailed to property owners within 200 feet. One response in opposition and none in favor were received. Slides of the subject property were shown. Discussion of zoning followed. Chairman Leister opened the public hearing and asked for the applicant's comments. Preston Leslie, the applicant, addressed the Commission and answered questions about the purchase of the property and parking. Chairman Leister asked for comments in favor or in opposition. No continents were made. Chairman Leister closed the public hearing. Commissioner Makin made a motion to approve a request for a specific use permit to allow a rooming and boarding house in an RM-H District at 2265 Washington Boulevard as requested in File 1674-P, subject to providing a 6' wide landscape strip in front of the parking on the adjacent lot. Commissioner Craig seconded the motion. Motion to approve carried 8:0. 4) File 1675-P: Request for a specific use permit to allow a home health care agency office in an RCR (Residential Conservation and Revitalization) District. Location: 2401 North Street Applicant Southeast Texas Professional Health Care, Inc. Southeast Texas Professional Health Care, Inc. will use the subject property as its office. Office hours are 8 a.m. to 5 p.m., Monday through Friday. Field staff work at the home of the clients so traffic is kept to a minimum. This property has been used for commercial purposes for a number of years. Typically, an 8' tall screening fence and 10' wide landscape strip would be required 7 Planning Commission July 21, 2003 along the west property line. No fence has ever been built. The applicant is requesting a waiver of the need to put up a fence. Mr. Richardson recommended approval subject to installing the fence. Twenty notices were mailed to property owners within 200 feet. None in favor or in opposition were returned. Slides of the subject property were shown. Discussion followed between the Commission regarding fencing and parking. Chairman Leister opened the public hearing and asked for the applicant's comments. Debbie Cowart of Sheri Arnold Properties addressed the Commission. LeAnn Rivers of Southeast Texas Professional Health Care, Inc. addressed the Commission and answered questions regarding staff, parking and traffic. Chairman Leister asked for comments in favor or in opposition. No comments were made. The public hearing was closed. Commissioner Hallmark made a motion to approve a request for a specific use permit to allow a home health care agency office in an RCR District at 2401 North Street as requested File 1675-P, with a waiver of the screening fence on the west property line. Commissioner Jones seconded the motion. Motion to approve carried 8:0. 5) File 1676-P: Request for a specific use permit to allow a barber and beauty shop in an RM-H District. Location: 3440 W. Euclid Avenue Applicant: Marvin Jones Marvin Jones, the applicant, would like to operate a 240 sq. ft. barber and beauty shop on this property. The shop will have one chair and operate from 9 to 6, Tuesday - Saturday. He has owned barber shops at other locations for the last 40 years. Mr. Jones plans to construct a fence along the north end of the property but is requesting waivers to the landscaping/screening requirements along the east and west sides of the property. The property owner to the west does not want a fence along the property line. 8 Planning Commission July 21, 2003 Mr. Richardson recommended approval subject to providing an 8' tall wood screening fence and 10' wide landscape strip along the east side of the property and to the requirement that the attached owner identification sign shall not exceed 40 square feet. Mr. Richardson also recommended a waiver of the landscaping/screening requirements along the west side of the property. Twenty-nine 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. Marvin Jo nes a ddressed t he C ommission. M r. Jo nes i ntroduced h is d aughter, Shawn Jones. Ms. Jones said that her father was going to move a 24' x 12' Morgan building onto the subject property and use that for his barbershop. Ms. Jones answered questions from the Commission regarding parking and fencing. Chairman Leister asked for comments in favor or in opposition. Howard Mills, 4165 Simpson, spoke in favor of the request. Marvie Jackson, 650 Fletcher, spoke in favor of the request. The public hearing was closed. Commissioner Craig made a motion to approve a request for a specific use permit to allow a barber and beauty shop in an RM-H District at 3440 W. Euclid Avenue as requested in File 1676-P, subject to: providing an 8' tall wood screening fence and a 10' wide landscape strip along the east side of the subject property; that the landscaping/screening requirements along the west side of the subject property be waived; and that the attached owner identification sign shall not exceed 40 sq. ft. in area. Commissioner Jones seconded the motion. Motion to approve carried 8:0. 6) File 1677-P: Request for a specific use permit to allow an auto detail shop in an RCR (Residential Conservation and Revitalization) District. Location: 2893 Concord Road Applicant: Ricky Roy Mr. Richardson stated that the applicant, Ricky Roy, plans to place an 800 square foot building on the property that will include an office and covered wash area. The only sign identifying the business will be located on the building. 0 Planning Commission July 21, 2003 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 Leister opened the public hearing and asked for the applicant's comments. Stephanie Lightfoot Roy, 4535 Jancar, addressed the Commission and thanked them for considering her husband's request. Chairman Leister asked for comments in favor or in opposition. No comments Mere made. The public hearing was closed. Commissioner Hallmark made a motion to approve a request for a specific use permit to allow an auto detail shop in an RCR District at 2893 Concord Road as requested in File 1677-P. Commissioner Craig seconded the motion. Motion to approve carried 8:0. 7) File 1678-P: Request for an amended specific use permit to allow the expansion of an existing mini -warehouse facility. Location: 1655 S. Major Drive Applicant: Eugene R. Allen Mr. Richardson presented the staff report. The applicant, Eugene Allen, would like to construct a 17,850 square foot addition to his existing mini -warehouse facility. The new building would be unclimatized. In addition to this building, two additional buildings are shown for future development. Mr. Richardson recommended approval of the request subject to the installation of trees planted every 25' along the rear property line. Twenty-two notices were mailed to property owners within 200 feet. Two responses 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. Eugene Allen, the applicant, addressed the Commission. Discussion followed between the applicant and the Commission regarding the drainage, ditching, signage and trees. Ift Planning Commission July 21, 2003 Chairman Leister asked for comments in favor or in opposition. Michea Ford, 1485 and 1495 Avalon, addressed the Commission. Ms. Ford expressed concern about the drainage from the subject property and lighting. Landry Rountree, 9855 Washington, addressed the Commission in favor of the request. Stanley Nobles, 1555 S. Major, spoke in favor of the request. Chairman Leister closed the public hearing. Rebuttal by Mr. Allen. He addressed the concerns of the neighbors about the drainage. Discussion followed between the Commission and staff regarding landscaping and lighting. Chairman Leister reopened the public hearing. Mr. Allen stated that he has to be able to access the ditch with heavy equipment to keep it cleaned out. Mr. Allen's daughter addressed the lighting issue. She said that the lights can be adjusted so that they do shine onto neighboring properties. Commissioner Kyles made a motion to approve a request for an amended specific use permit to allow the expansion of an existing mini -warehouse facility at 1655 S. Major Drive as requested in File 1678-P with the stipulation that the ditch be maintained and that a 10' landscaping buffer be installed. The motion failed for lack of a second. Commissioner Hurley made a motion to approve a request for an amended specific use permit to allow the expansion of an existing mini -warehouse facility at 1655 S. Major Drive as requested in File 1678-P with a waiver of the tree requirement along the east property line. Commissioner Hallmark seconded the motion. Motion to approve carried 8:0. S) File 1679-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. Location: 1575 S. Major Drive Applicant: Landry Rountree for Landry's 24-Hour Towing Mr. Richardson reminded the Commission that in April of 2002, Mr. Rountree requested a zone change and specific use permit to a Ilow the operation of his towing 11 Planning Commission July 21,2003 business. The property was rezoned to GC-MD-2 but the specific use permit was denied. At the time, neighbors expressed a concern about the storage of vehicles. Mr. Rountree states in his application that he has spoken with two of his neighbors and they would not object to the'towing business if the facility was restricted to storing no more than 10 vehicles at any time. Mr. Richardson recommended denial of the request. GC-MD-2 zoning is appropriate for this property immediately adjacent to residential uses. The Planning Commission and Council could approve a specific use permit with the requirement that no more than 10 vehicles be stored. Fourteen notices were mailed to property owners within 200 feet. Three responses in favor and in none in opposition were returned. Slides of the subject property were shown. Discussion of zoning issues followed. Chairman Leister opened the public hearing and asked for the applicant's comments. Landry Rountree, the applicant, addressed the Commission and answered questions. Further discussion followed between the Commission. Chairman Leister opened the public hearing and asked for comments in favor or in opposition. Michea Ford, 1485 and 1495 Avalon, addressed the Commission. Stanley Nobles, 1555 S. Major, addressed the Commission in favor of the request. Eugene Allen, 1655 S. Major, spoke in favor of the request. Kathy Hughes, 1220 Glendale, addressed the Commission. Rebuttal by Mr. Rountree. The public hearing was closed. 12 Planning Commission July 21, 2003 Commissioner Kyles made a motion to approve a request for a zone change from GC-MD-2 to GC -MD District at 1575 S. Major Drive as requested in File 1679-Z. Commissioner Hurley seconded the motion. Continents from Commissioners followed. The motion to approve File 1679-Z failed 1:6:1 (Hurley). 9) File 1680-Z/P: Request for a zone change from NC (Neighborhood Commercial) to GC-MD-2 (General Commercial -Multiple Family Dwelling-2) District or a more restrictive zoning district and a specific use permit to allow an office and retail facility. Location: Approximately1,055' north of the Dowlen Road and Wellington Place intersection and immediately south of the Gulf Credit Union and north of the DD#6 drainage ditch. Applicant: Lenny Boone Architectural Alliance, Inc. is representing a limited partnership that wants to build an office and retail facility on 2.1 acres located just south of the Gulf Credit Union on Dowlen Road. The group proposes building 16,600 sq. ft. of retail space and 4,600 sq. ft. of office space. 98 parking spaces will be constructed to meet the parking demand. The major access to the property will be off of Dowlen Road with a secondary entry on Wellington Place. The architect states that the design concept is a neighborhood commercial development which will support the needs of the surrounding neighborhoods. Proposed uses will include, but not be limited to, bicycle shop, offices, hair salon, small food service establishment, clothing boutique, flower shop and other appropriate uses. No sale of gasoline, carwash facilities or convenience stores will be permitted. Mr. Richardson recommended approval of the request. Twenty-seven notices were mailed to property owners within 200 feet. One response 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. Rob Clark of Architectural AIliance, Inc. addressed the Commission. 13 Planning Commission July 21, 2003 Chairman Leister asked for comments in favor or in opposition. Buddy Low, 3855 Wheat Drive, addressed the Commission in opposition to the request. Mr. Low owns several tracts of land on Cottontail Trail. Sam Parigi, 445 N. 14'h Street, spoke in opposition to the request. Michael Jamail, 801 Laurel, spoke on behalf of Wayne Reaud. Mr. Reaud owns a town house in Wellington Place and is opposed to the request. Rebuttal by Rob Clark. The public hearing was closed. Comments from the Commission followed. Commissioner Kyles made a motion to deny a request for a zone change from NC to GC-MD-2 District and a specific use permit to allow an office and retail facility on property located just south of the Gulf Credit Union on Dowlen Road as requested in File 1680-ZIP. Commissioner Hurley seconded the motion. Motion to deny carried 8:0. 10) File 1681-P: Request for a specific use permit to allow a church parking lot in an RM-H (Residential Multiple Family Dwelling -Highest Density) District. Location: 2185 Taylor Street Applicant: New Birth Assembly of God Church Mr. Richardson stated that the applicant, New Birth Assembly of God Church, wants to construct a parking lot on this vacant lot north of the church. In 2002, the church received a specific use permit to allow the construction of a new parking across the street from the sanctuary. Mr. Richardson recommended approval of the request subject to providing an 8' tall wood screening fence and 10' wide landscape strip on the east and west sides of the subject property. Sixteen 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. Pastor Herbert McCloney, 2680 Mahan Drive, addressed the Commission. 14 Planning Commission July 21, 2003 Chairman Leister asked for comments in favor or in opposition. No comments were made. The public hearing was closed. Commissioner Hallmark made a motion to approve a specific use permit to allow a church parking lot in an RM-H District at 2185 Taylor Street as requested in File 1681-P, subject to providing an 8' tall wood screening fence and 10' wide landscape strip on the east and west sides of the subject property. Commissioner Craig seconded the motion. Motion to approve carried 8:0. OTHER BUSINESS THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED AT 6:35 P. M. 15