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HomeMy WebLinkAbout9-18-00 PC MinutesJOINT PUBLIC HEARINGS PLANNING COIMSSION AND CITY COUNCIL September 18, 2000 City Council Chambers Joint Public Hearings of the Planning Commission and City Council were held on September 18, 2000 with the following members present: Commission members present: Chairman Laurie Leister Commissioner Dale Hallmark Commissioner Bill Lucas Commissioner Carlos Hernandez Commissioner Marty Craig Commission members absent: Vice Chairman Greg Dykeman Commissioner Glenn Bodwin Commissioner Albert Robinson Commissioner Dohn LaBiche Councilmembers present: Mayor David W. Moore Mayor Pro -Tern Guy Goodson Councilmember-at-Large Andrew Cokinos Councilmenber-at Large Becky Ames Councilmember Lulu Smith Councilmember Audwin Samuel Councilmcmbers absent: Councilmember Bobbie Patterson Also present: Stephen Richardson, Planning Manager; Murray Duren, Senior Planner; Bill Dupree, Senior Planner; Bart Baker, Senior Planner; Cheryl Robinson, Senior Planner; Tyrone Cooper, First Assistant City Attorney; Adina Abshire, Planning Technician; Nancy Nicholas, Recording Secretary APPROVAL OF THE MINUTES Commissioner Hallmark made a motion to approve the minutes of the Regular Meeting and Joint Public Hearings held August 21, 2000. Commissioner Hernandez seconded the motion. Motion to approve carried 5:0. Planning Commission September t8, 2000 JOINT PUBLIC HEARINGS Mayor Moore called the Joint Public Hearings of September 18, 2000 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. Chairman Leister stated that at the request of the applicant, File 1529-P was being moved to first on the agenda. 1) File 1529-P: Request for a specific use permit to allow a charter school in a CBD (Central Business) District. Location: 1310 Pennsylvania Applicant: Mike Barry, Ph.D., Richard Milburn Academy Mr. Richardson told the Commission and Council that the applicant, Dr. Mike Barry, plans to lease 5,184 square feet of an existing 26,512 square foot building to operate a charter high school for 100-200 students in grades 9 - 12. The school is State certified. There will be six to seven staff members and never more than 60-70 students on the premises at any one time. This building was the former Delta Career Institute. There is ample parking at the front and side of the building. There is also a city bus stop in front of the building. Mr. Richardson recommended approval of the request. Twenty six notices were mailed to property owners within 200 feet of the subject area. No responses in opposition or in favor were returned. Slides of the subject area were shown. Councihnember Becky Ames arrived at 3:55 p.m. Chairman Leister asked Dr. Barry to address the Commission and he stated his request. Chairman Leister opened the public hearing and asked for comments in favor or in opposition. John Baros, Commander of the American Legion Post, stated that he was concerned about the renewal of their beer and vine license and the close proximity of the school. Discussion followed regarding the renewal of the license. Mr. Cooper, First Assistant City Attorney, will research the question. Chairman Leister asked Dr. Barry for rebuttal. There being none, the public hearing was closed. Commissioner Lucas expressed concern about approving the request without clarification from the TABC on alcoholic license renewal. Mr. Cooper stated that the request could be voted for or against by the Planning Commission. The request will then be presented to the City Council. In the interim before the matter goes to the Council, a determination will be made as to what effect this will have on the beer and wine license. This information will be forwarded to the Council. Planninc Commission Sgmember 18, 2000 In response to Chairman Lcister, Dr. Barry asked the Commission to approve the request, subject to City Council approval. That action would enable the charter school to begin its building phase. Commissioner Hernandez made a motion to approve a specific use permit to allow a charter school in a CBD (Central Business District) at 1310 Pennsylvania as requested in File 1529-P. Commissioner Craig seconded the motion. Motion to approve carried 5:0. 2) File 15� 24-ZJP� Request for a specific use permit to allow (1) a transportation company and (2) a vehicle parking lot in a GC-MD-2 (General Commercial - Multiple Family Dwelling-2) District. Location: (1)4120 Pradice and (2) southwest comer of Nora and Goliad Applicant: Darla E. Bell, Rainbow Express Transportation Mr. Ridhardson-stated that the subject request was for a specific use permit to allow a transportation company and vehicle parking lot in a GC-MD-2 District. Darla .Bell, owner of Rainbow Express Transportation Company, operates the company out of her residence on Pradice. The property at Nora and Goliad is used for the parking of company and employee vehicles. The rezoning of the two properties was approved in August. At that time, there was a question about meeting the parking requirements at 4120 Pradice. That issue has since been addressed by providing parking at the rear of the structure. The parking plan was approved by the Traffic Manager. A waiver of the screening/landscaping requirement was also requested for the property at the Pradice location. The planning Manager recommended approval of the specific use permit with a waiver of the screening/ landscaping requirements. Fifty nine notices were mailed to property owners with 200 feet of the subject property. Fifteen responses in favor and none in opposition were returned by mail and tamed in at the hearing. Slides of the subject property were shown. Mr. Richardson answered questions from the Commission regarding signage and landscaping. Mayor Moore left the Council Chambers at 4:17 and returned at 4:20. Chairman Leister asked the applicant to address the Commission. Mrs. Bell stated that her business provided non -emergency vehicle transportation services"which included all of the Golden Triangle. Chairman Leister asked if the parking lot would be paved and if any signs would be displayed. Mrs. Bell replied no to both questions. Mr.Richardson stated that the handicapped space would have to be paved. Chairman Leister opened the public hearing. Planning Commission September 18, 2000 With no one to address the Commission, the public hearing was closed. Chairman Leister asked for a motion. Commissioner Hallmark made a motion to approve a specific use permit for the property at 4120 Practice and the southwest corner of Nora and Goliad for a transportation company and vehicle parking lot. Commissioner Craig seconded the motion. The motion to approve 1524-ZIP was approved 5:0, and included a provision granting a waiver for any additional landscaping or screening. 3) File 1526-Z: Request for a zone change from A-R (Agricultural -Residential) to RM-H (Residential Multiple Family Dwelling - Highest Density) District or a more restrictive district. Location: 4600 block ofN. Major Drive (FM 364). Applicant: John William Binks and Douglas M. Barlow Mr. Richardson stated that the applicants wish to rezone the property for the purpose of building an apartment complex. The request is in conformance with the Comprehensive Pan. Mr. Richardson recommended approval of the request. Sixteen notices were mailed to property owners within 200 feet of the subject property. Four responses in favor and none in opposition were returned. Slides of the subject property were shown. Chainnan Lcister asked the applicants to address the Commission. Mr. Doug Barlow presented exhibits to substantiate their request for a zone change of the subject property. Points for consideration included the potential for development and growth of the city. Chairman Leister opened the public hearing. There being no one to speak in favor of or in opposition, the public hearing was closed. Chairman Leister asked for a motion. Commissioner Craig made a motion to approve a request for a zone change from A-R to RM-H as requested in File 1526-Z. Commissioner Hernandez seconded the motion. The motion to approve File 1526-Z carried 5:0. 4) File 1527-Z: Request for a zone change from GC -MD (General Commercial - Multiple Family Dwelling) to RS (Residential Single Family Dwelling) District. Location: 1300 North Street (former Dick Dowling Jr. High School site) Applicant: City Planning Division Mr. Richardson told the Commission that in an effort to revitalize the Dick Dowling area, the City has been trying to acquire properties for the building of single family homes. The vacant school site would yield ten to twelve homes. The property is already owned by the City. By developing the property with new homes it will put a now publicly owned vacant tract back on the tax rolls. Planning Commission September 1 g, 2oaa Mr. Richardson recommended approval of the request. Twenty two notices were mailed to property owners within 200 feet of the subject property. No responses were received in favor of or in opposition. Slides of the subject property were shown. Commissioner Hallmark asked if the parking lot across the street from the site belongs to the City. Mr. Richardson replied that it did, but at this point in time, they only wanted to rezone the school site. Chairman Leister opened the public hearing. There being no one speaking in favor of or in opposition, the public hearing was closed. Commissioner Hallmark made a, motion to approve a zone change from GC -MD to RS for the property at 1300 North Street, as requested in File 1527-Z. Commissioner Craig seconded the motion. The motion to approve File 1527-Z carried 5:0. 5) File 1528-Z. Request to rezone properties from RM-H (Residential Multiple Family Dwelling - Highest Density) to RS (Residential Single Family Dwelling) , RM-H (Residential Multiple Family Dwelling - Highest Density) to GC -MD (General Commercial - Multiple Family Dwelling), RM-H (Residential Multiple Family Dwelling - Highest Density) to RCR (Residential Conservation and Revitalization) , Hi (Heavy Industrial) to RS (Residential Single Family Dwelling) , GC -MD (General Commercial - Multiple Family Dwelling) to LI (Light Industrial) ,GC -MD (General Commercial - Multiple Family Dwelling) to RS (Residential Single Family Dwelling), RCR (Residential Conservation and Revitalization) to RS (Residential Single Family Dwelling), RM-H (Residential Multiple Family Dwelling - Highest Density) to NC (Neighborhood Commercial), RCR (Residential Conservation and Revitalization) to GC -MD (General Commercial - Multiple Family Dwelling) and LI (Light Industrial) to GC -MD (General Commercial - Multiple Family Dwelling). Location: Property bounded on the north by Fannin Street, on the west by Fourth Street, on the east by M.L.K. Parkway and the Southern Pacific railroad tracks and on the south by Franklin Street. Applicant: City Planning Division Mr. Richardson told the Commission the plan for this area was adopted by City Council in February, 1999. This summer, the Planning Division conducted a zoning study with the intent of implementing that portion of the plan which recommends rezoning parts of the neighborhood in an effort to revitalize the entire neighborhood while protecting and stabilizing the existing single family residential neighborhoods. The preservation of the existing single family neighborhoods is one of the major objectives of the plan and is something mentioned over and over again by many residents of the area. The plan provides for two areas of low density, single family housing. There is currently no RS zoning in the area. The zoning plan recommends changing approximately 93.6 acres now zoned RM-H, HI, RCR and GC -MD to RS. These areas where the great majority of the land is now inhabited by single family residential uses. The plan also recognizes that while the area located east of Avenue D between College and Franklin is characterized by low density residential uses, it also contains a significant amount of vacant lots and Planning Commission September 18, 2000 buildings. The land use plan designates this area as a mixed use area where residential and limited commercial uses would be encouraged. Thus RCR is recommended for this area. RCR would permit limited commercial usage of residential structures with specific use permits but would also allow the city to maintain the residential character of those structures. The present commercial zoning along College is in conformance with the neighborhood plan. In a few areas, GC -MD zoning is extended further back from College to include existing commercial uses. GC - MD is also proposed for the redevelopment area at the east end of the neighborhood. NC is also extended along the south side of Franklin, east of Avenue D, Overall, the proposed zoning recommendations attempt to encourage development while at the same time protect the existing residents from further encroachment of incompatible land uses into their neighborhoods. Mr. Richardson recommended approval of the request. 1,243 notices were mailed to property owners being rezoned and within 200 feet of the subject property. Seventeen responses in favor of and five in opposition were returned. Slides were shown of the subject property. Mr. Richardson addressed some of the concerns that citizens had. Most wanted to know how the changes would affect their property. He stated that it was a zone change only and there were no ordinance changes. Another concern was if the zone changes would allow more residential care facilities. An RS zone would not allow these facilities to come into existence. However those facilities that are already established would be grandfathered. "Family homes" for six or less handicapped persons is allowed by federal law. Chairman Leister commended the Planning staff for their excellent presentation. Commissioner Lucas wanted to know what the reason was for those in opposition. Mr. Richardson replied that most citizens were concerned that their taxes would be raised. Chairman L.eister opened the public hearing. Councilman Goodson left 4:28. Peggy Pierre, 1120 Avenue F, stated that she did not know if she was for or against. She also stated that she didn't want to see any more halfway houses in the neighborhood. Councilman Goodson returned 4:40. Olivia Gonzales, Avenue F, spoke in favor of the request. Robert Prados, 1090 Avenue H, spoke in favor of the request. Archie Land, 435 Langham Road, spoke in favor of the request. Planning Commission September 18, 2000 Adolph Granado, 675 Avenue D, spoke in favor of the request. He also questioned the grandfathering of the Jamail House. Delores Davis, 2299 Blanchette, spoke in favor of the request. Benny Mendoza, 1222 Wall, spoke in favor of the request. Toni Prados, 1090 Avenue H, spoke in favor of the request. Peggy Pierre questioned the words legal, illegal and grandfathering and wanted an explanation as it pertained to the file under discussion. Mr. Richardson explained the definitions of the words. Chairman Leistcr closed the public hearing. Councilman Audwin Samuel stated that any added concerns would be discussed in the Ward III meeting at the Willard Library on September 21, 2000, at 6:30, Commissioner Craig made a motion to approve a zone change from RM-H (Residential Multiple Family Dwelling - Highest Density) to RS (Residential Single Family Dwelling) , RM-H (Residential Multiple Family Dwelling - Highest Density) to GC -MD (General Commercial - Multiple Family Dwelling), RM- H (Residential Multiple Family Dwelling - Highest Density) to RCR (Residential Conservation and Revitalization) , HI (Heavy Industrial) to RS (Residential Single Family Dwelling) , GC -MD (General Commercial - Multiple Family Dwelling) to LI (Light Industrial) ,GC -MD (General Commercial - Multiple Family Dwelling) to RS (Residential Single Family Dwelling), RCR (Residential Conservation and Revitalization) to RS (Residential Single Family Dwelling) ,RM-H (Residential Multiple Family Dwelling - Highest Density) to NC (Neighborhood Commercial), RCR (Residential Conservation and Revitalization) to GC -MD (General Commercial - Multiple Family Dwelling) and LI (Light Industrial) to GC -MD (General Commercial - Multiple Family Dwelling) for the property bounded on the north by Fannin Street, on the west by Fourth Street, on the cast by M.L.K. Parkway and the Southern Pacific railroad tracks and on the south by Franklin Street as requested in File 1528-Z. Commissioner Hernandez seconded the motion. The motion to approve File 1528-Z carried 5:0. 6) File 1530-P: Request for a specific use permit to allow a mortgage brokerage office in an RCR (Residential Conservation and Revitalization) District. Location: 2495 McFaddin Applicant: Roxanne Bramble Mr. Richardson stated the request was for a specific use permit to allow a mortgage company in an RCR District. The property is located at 2495 McFaddin. The company is not legal at the present time. The applicant stated that the company will be opened Monday to Friday from 9:00 a.m, until 5:00 p.m. There are two employees. Client traffic will be low in that the required work load is handled online and originates through customer contact largely by phone. Planning Commission mission SWem6er 19, 2000 Mr. Richardson recommended approval of the request subject to the following conditions: 1. The parking lot being landscaped as per the zoning ordinance. 2. The 10' landscape buffer be planted along the east property line adjacent to the parking lot. 3. The applicant be exempt from constructing the screening fence along the east lot line, 4. Signage for the business conforms to the sign ordinance. Eighteen notices were mailed to property owners within 200 feet of the subject property. No responses have been returned either in favor of or in opposition. Slides were presented of the subject property. Mr. Richardson answered question from the Commission and Council regarding the current sign and parking. Chairman Leister opened the public hearing and asked for the applicant's comments. Mayor Moore left 5:05 and returned at 5:18. Councilman Samuel left at 5:10 and returned at 5:12. Mr. Bramble, husband of the applicant, addressed the Commission. He stated that all the business would be conducted online and by telephone. Commissioner Hallmark asked Mr. Bramble how long he had owned the property. He replied approximately two years. Commissioner Hallmark also asked Mr. Bramble if he was informed that the property was in the Historic District at the time of purchase. He replied he was not. Chairman Leister opened the public hearing. There being no one else to speak in favor of or in opposition, Chairman Leister closed the public hearing. Discussion followed concerning the notification of potential buyers in the Historic District. Chairman Uister asked for a motion. Commissioner Hallmark made a motion to approve a specific use permit to allow a mortgage brokerage office in an RCR district with the following recommendations: 1)The parking lot being landscaped as per the zoning ordinance; 2) The 10' landscape buffer be planted along the east property line adjacent to the parking lot; 3) The applicant be exempt from constructing the screening fence along the east lot line; 4) Signs adjacent to the parking lot for the business to conform to the sign ordinance as requested in File 1530-P.The motion was seconded by Commissioner Hernandez. The motion to approve File 1530-P with stated conditions carried 5:0. 7. File 604-OB: Request to consider an amendment to Section 30-21.2 (h) of the city of Beaumont Zoning Ordinance to place a six month time limit on Certificates of Appropriateness. Applicant: City Planning Division Mr. Richardson stated the request is for an amendment to Section 30-12 (h) of the Zoning Ordinance to place a six month limit on Certificates of Appropriateness. y Planning Commission September 18.2000 The Historic Landmark Commission asked staff to look into the possibility of placing a time limit on Certificates of Appropriateness. Mr. Richardson recommended a six month time limit, but will allow for extension. He stipulated that the request must be in writing and justifiable cause is demonstrated. If work ceases for ninety days, the applicant must reapply. On September 11, 2000, the Historic Landmark Commission voted to recommend approval of this amendment. Mr. Richardson recommended approval of this request. Chairman Leister opened the public hearing. There being no one to speak in favor of or in opposition, the public hearing was closed. Commissioner Hallmark made a motion to approve File 604-OB with the recommendations made by Mr. Richardson, Commissioner Craig seconded the motion. The motion to approve File 604-OB carried 5:0. OTHER BUSINESS THERE BEING NO FURTHER BUSINESS, THE MEETING ADJOURNED AT 5:25 P.M.