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HomeMy WebLinkAbout4-19-99 PC Minutes' JOINT PUBLIC HEARINGS PLANNING COMMISSION AND CITY COUNCIL April 19, 1999 City Council Chambers Joint Public Hearings of the Planning Commission and City Council were held on April 19, 1999 with the following members present: Commission members present: Commissioner Dale Hallmark Commissioner Glenn Bodwin Commissioner Carlos Hernandez Commissioner Dohn LaBiche Commissioner Albert Robinson Commissioner Bill Lucas Commission members absent: Chairman Laurie Leister Vice -Chairman Greg Dykeman Commissioner Sally Bundy Councilmembers present: Mayor David W. Moore Councilmember-at-Large Becky Ames Councilmember-at-Large Andrew Cokinos Councilmember Lulu Smith Councilmembers absent: Mayor Pro -Tern Bobbie Patterson Councilmember John Davis Councilmember Guy Goodson Also present: Stephen Richardson, Planning Director; Murray Duren, Senior Planner; Tyrone Cooper, First Assistant City Attorney; Jill Cole, Recording Secretary and Cheryl Robinson, Senior Planner APPROVAL OF THE MI TES Commissioner LaBiche made a motion to approve the minutes of the April 5, 1999 Regular Meeting. Commissioner Robinson seconded the motion. Motion to approve carried 6:0. Planning Commission April 19. 1999 JOINT .PUBLIC HEARINGS Mayor Moore called the Joint Public Hearings of April 19, 1999 to order and explained the purpose of the joint hearing process and then turned the meeting over to Commissioner Hallmark. He explained the policies and procedures for the hearing process. 1) File.3&HC: Request for an HC-L (Historic Cultural -Landmark Preservation) Designation. Location: 694 Forrest at North Street Applicant: Paul W. Chargois Mr. Richardson told the Commission and Council that the "Holmes Duke House" was built in 1899 and is one of the few examples of Victorian residential architecture left in the City. The property is a recorded Texas landmark and is also listed on the National Register of Historic Places. At the Historic Landmark Commission meeting held April 12, 1999, the Commission voted 8:0. to approve this request. Fourteen notices were mailed to property owners within 200 feet of the subject property. No responses in favor or in opposition were returned to staff. Slides of the subject property were shown. Commissioner Hallmark, acting as Chairman, opened the public hearing and asked for the applicant's comments. The applicant was not present. Commissioner Hallmark asked for comments in favor or in opposition. No comments were made. The public hearing was closed. Commissioner Lucas made a motion to approve the HC-L Designation for the property at 694 Forrest as requested in File 38-HC. Commissioner LaBiche seconded the motion. Motion to approve carried 6:0. 2) File 39-HC: Request for an HC-L (Historic Cultural -Landmark Preservation) Designation. Location: 2390 Cartwright Avenue (Sprott Hospital) Applicant: Brenda Garrison for Alyxandria Sprott Mr. Richardson told the Commission that the Sprott clinic was founded in 1944 by Drs. E. D. Sprott, Jr. and Maxie Sprott to meet the health care needs of Beaumont's African American citizens. The Sprott Hospital continued in general use until the late 1950's. The hospital served a great need prior to the integration of the medical N Planning Commission April 19, 1999 staffs of the City's major hospitals. The building is still used today by Dr. Maxie Sprott, Sr. as a neighborhood clinic and office. Eighteen notices were mailed to property owners within 200 feet. No responses in favor or in opposition were returned. At the Historic Landmark Commission meeting held April 12, 1999, the Commission voted 8:0 to approve this request. Slides of the subject property were shown. Commissioner Hallmark opened the public hearing and asked for the applicant's comments. Nancy Sprott Phillips, the eldest daughter of Dr. Sprott, addressed the Commission. Commissioner Hallmark asked for comments in favor or in opposition. No comments were made. The public hearing was closed, Commissioner Robinson made a motion to approve the HC-L Designation for the Sprott Hospital at 2390 Cartwright Avenue as requested in File 39-HC. Commissioner Bodwin seconded the motion. Motion to approve carried 6:0. 3) File 1442-P: Request for a specific use permit to allow the operation of a church education facility in an existing structure in an RCR (Residential Conservation and Revitalization) District. Location: 860 Trinity Applicant: House of Praise Deliverance Ministries, Inc. (Delores Davis) Mr. Richardson stated that the subject property is the location of a vacant doctor's office. House of Praise Deliverance Ministries will offer GED preparatory classes in English, math, social studies, science and art. Approximately 10-20 students will be trained at a time. Eighteen notices were mailed to property owners within 200 feet. No responses in opposition or in favor were returned to staff. Slides of the subject property were shown. In response to Commissioner Hallmark, Mr. Richardson said that since it is an existing parking lot, additional landscaping is not required. K� Planning Commission April 19, 1999 Commissioner Hallmark opened the public hearing and asked for the applicant's comments. Delores Davis, the applicant, addressed the Commission. Mrs. Davis answered questions from the Commission. She said that she will have one certified teacher and teacher's aides. She is targeting primarily street kids, not from a particular church. Commissioner Hallmark asked for comments in favor or in opposition. No comments were made. The public hearing was closed. Commissioner Robinson made a motion to approve the specific use permit to allow the operation of a church education facility in an existing structure at 860 Trinity as requested in File 1442-P. Commissioner Hernandez seconded the motion. Motion to approve carried 6:0. 4) File 1446-Z: Request for a zone change from LI (Light Industrial) to RM-H (Residential Multiple Family Dwelling -Highest Density) District. Location: 5755 and 5775 Erie Street Applicant: Mark Whiteley and Associates, Inc. (Commissioner LaBiche left the meeting at 4 p.m.) Mr. Richardson stated that the zone change request is for two lots located on the east side of Erie Street, south of Cardinal Drive. The owners of these properties are trying to sell the properties for single family residential uses. The main type of land use along Erie is single family residential. Fifteen 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. Commissioner Hallmark opened the public hearing and asked for the applicant's comments. Larry Sheppard with Mark Whiteley and Associates, Inc., addressed the Commission and Council. Commissioner Hallmark asked for comments in favor or in opposition. Joe Byerly, 5745 Erie Street, spoke in opposition to the request. He said that there were problems with the sewer in that location. 4 Planning Commission April 19, 1999 Commissioner Hallmark asked for the applicant's rebuttal. No rebuttal was made. The public hearing was closed. Commissioner Bodwin made a motion to approve the zone change from LI to RM-H as requested in File 1446-Z. Commissioner Lucas suggested that this item be deferred until the next meeting so that more information can be obtained on the sewer problems. Discussion between staff, the Commission and Council followed. The motion to approve failed for lack of a second. Commissioner Lucas made a motion to defer the zone change request from LI to RM-H for 5755 and 5775 Erie Street as requested in File 1446-Z until next month's joint hearing. Commissioner Robinson seconded the motion. Motion to defer carried 3:1 (Bodwin) :1 (Hallmark abstained). 5) File 1447-Z: Request for a zone change from RM-H (Residential Multiple Family Dwelling -Highest Density) to GC -MD (General Commercial -Multiple Family Dwelling) District, or a more restrictive commercial designation. Location: Southwest corder of Rockwell and San Jacinto Applicant: Carl A. Langley Mr. Richardson told the Commission that the subject property is currently vacant. The property owner owns property adjacent to the subject property. A new shopping center is south of the subject property. The property owner wishes to have all of his property zoned GC -MD. Fifteen notices were mailed to property owners within 200 feet of the subject property. One response in favor and two in opposition were returned to staff. Slides of the subject property were shown. Commissioner Hallmark opened the public hearing and asked for the applicant's comments. Carl Langley, the applicant, addressed the Commission. Commissioner Hallmark asked for comments in favor or in opposition. Betty Semien, 2975 San Jacinto, addressed the Commission in opposition. She is concerned about increases in traffic and noise. 5 Planning Commission April 19, 1999 Joanne August, 2795 Rockwell, addressed the Commission in opposition to the request. Ms. August also expressed concerns about the possibility of an increase in traffic and noise. Rebuttal by Mr. Langley.- He said that he doesn't think his parking lot will cause an increase in traffic. In response to Commissioner Bodwin, Mr. Langley said that his parking lot will be used mainly by shopping center employees. Mayor Moore suggested the possibility of "locking down" the parking lot to prevent loitering. Discussion between commission members followed regarding fencing. Mr. Cooper reminded the Commission that the request is for a zone change and the Commission cantiot put conditions as with a specific use permit. Mrs. Semien spoke again regarding traffic hazards caused by teens loitering at Church's Fried Chicken. Commissioner Hallmark closed the public hearing. Commissioner Lucas made a motion to approve the zone change from RM-H to GC -MD for the property at the southwest comer of Rockwell and San Jacinto as requested in File 1447-Z. Commissioner Robinson seconded the motion. Motion to approve carried 5:0. 6) File 14484P: Request for a specific use permit to allow the construction of a two- story office building in an RM-H (Residential Multiple Family Dwelling -Highest Density) District. Location: All of Block 7, Neches River Park Addition Applicant: Port of Beaumont Mr. Richardson told the Commission that the proposed office building is to be located at the southwest corner of Buford and Carroll Streets. The Port of Beaumont wishes to build an 8,630 sq. ft. two-story brick office building for Beaumont Bulk Terminal. This request is in conformance with the Charlton -Pollard Neighborhood Plan. The plan designates this area as a transitional area which would provide for such uses as proposed to buffer the residential from heavy port and refinery uses. The Port owns all of this block and the block to the west. This property is zoned RM-H. The site plan shows security fencing along the west and south sides of the 31 Planning Commission April 19, 1999 subject property. The Zoning Ordinance states that an eight foot privacy fence and a ten foot landscape buffer is required along residential zoning. Since the Port owns all of this block, the Planning Commission and Council may wish to approve this specific use permit with a modification of the landscaping/screening requirements for the west and south sides of the subject property. In addition, the Zoning Ordinance states that a six foot landscape strip is required along parking lot street frontages. If this application is approved, it should be subject to the following conditions: 1. Modification of the landscaping/screening requirements along the west and south sides of the subject property. 2. Perimeter landscaping of the parking lot shall comply with Section 30-31 c. of the Zoning Ordinance. Twenty-eight notices were mailed to property owners within 200 feet of the subject property. No responses in favor or in opposition were returned to staff. Slides of the subject property were shown. Commissioner Hallmark opened the public hearing and asked for the applicant's comments. Mr. C. J. Isom, Human Resource Manager for the Port of Beaumont, introduced Brett Vickers with Beaumont Bulk Terminal. Mr. Vickers said that Beaumont Bulk Terminal will have a long-term lease for the administrative building. Commissioner Hallmark asked for comments in favor or in opposition. Raymond Chaison, 1130 Lamar, addressed the Commission in opposition to the request. Mr. Chaison said he felt that the Port was intruding even further into the residential neighborhood and that the Port doesn't need to be on the south side of Buford. Rebuttal by Mr. C. J. Isom. He said that this project will beautify the neighborhood. In response to Commissioner Hallmark, Mr. Isom said that the Port discussed this project with the neighborhood association. Mr. Vickers answered questions from the Commission. Commissioner Hallmark closed the public hearing. Commissioner Lucas made a motion to approve the specific use permit to allow a two-story office building at the southwest corner of Buford and Carroll Streets as requested in File 1448-P, subject to the following conditions: 7 Planning Commission April 19, 1999 1. Modification of the landscapingtscreening requirements along the west and south sides of the subject property. 2. Perimeter landscaping of the parking lot shall comply with Section 30-31 c. of the Zoning Ordinance. Commissioner Hallmark seconded the motion. Motion to approve carried 5:0. 7) File 1449-P: Request for a specific use permit to allow a one-story insurance office building in an RM-H (Residential Multiple Family Dwelling -Highest Density) District. Location: 4300 block of Crow Road Applicant: Robert R. "Rocky" Chapman Mr. Richardson said that the proposed office building contains 3,000 square feet. Half of the building will house the applicant's insurance office and the other half will be leased. Surrounding uses include Service Merchandise, churches, a day care and apartments. If this application is approved, conditions 1-4 listed in the staff report should be made part of that approval. Eleven notices were mailed to property owners within 200 feet of the subject property. No responses in favor or in opposition were returned to staff. Slides of the subject property were shown. Commissioner Hallmark opened the public hearing and asked for the applicant's comments. Rocky Chapman, the applicant, addressed the Commission and Council. Commissioner Hallmark asked for comments in favor or in opposition. No comments were made. The public hearing was closed. Commissioner Robinson made a motion to approve the specific use permit to allow a professional office building in the 4300 block of Crow Road as requested in File 1449-P, subject to the following conditions: 1) Only one detached owner identification sign is permitted. Maximum height is 15 feet. Maximum sign area is 20 square feet. (Attached sign may not exceed 40 square feet.) A 25 foot setback for detached signs is required from any property line in the district; 2) Drainage is required to connect and tie into the existing storm sewer in Crow Road; 3) Landscaping is required in the parking lot as per Section 30-31; and 4) Driveway at Crow Road must be set back a minimum of 10 feet from the south side property line. Commissioner Lucas seconded the motion. Motion to approve carried 5:0. Planning Commission April 19, 1999 8) File 1450-Z: Request for a zone change from HI (Heavy Industrial) to GC -MD (General Commercial -Multiple Family Dwelling) District. Location: 3000 block of Brenham Street Applicant: Bethel Baptist Church, G. W. Winters, Pastor Mr. Richardson informed the Commission that Bethel Missionary Baptist Church owns three different parcels of land in the 3000 block of Brenham. The immediate neighborhood, for the most part, is residential in use. The church has plans to build a residential care facility on two vacant lots next to and east of the church. Residential care facilities are not permitted in an HI District. Therefore, the church is requesting a change of zoning to GC -MD. Due to the size of the acreage, this could be considered spot zoning. Forty-six notices were mailed to property owners within 200 feet. Three responses in favor and none in opposition were returned to staff. Slides of the subject area were shown. Commissioner Hallmark opened the public hearing and asked for the applicant's comments. Pastor Winters of Bethel Baptist Church, the applicant, addressed the Commission. Commissioner Hallmark asked for comments in favor or in opposition. Delores Fulton, 3043 Brenham, spoke in favor of the request. Renard Stevens, 6775 Cherrywood, spoke in favor of the request. Mr. Stevens owns property in the subject area. Mr. Richardson clarified that the zone change was for the church property only. Commissioner Hallmark closed the public hearing. Commissioner Robinson made a motion to approve the zone change from HI to GC -MD for property in the 3000 block of Brenham as requested in File 1450-Z. Commissioner Bodwin seconded the motion, Motion to approve carried 5:0. 9) File 1451-Z: Request for a zone change from RS (Residential Single Family Dwelling) and RM-H (Residential Multiple Family Dwelling -Highest Density) to GC -MD (General. Commercial -Multiple Family Dwelling) District, or a more restrictive district. Location: Northeast corner of Folsom Drive and Dowlen Road Applicant: The Seitz Group by Foxworth Real Estate Company E Planning Commission April 19, 1999 Mr. Richardson told the Commission that the subject property consisted of 19.76 acres and was located north and east of the new Tobe Hahn Post Office. The applicant wishes to build a commercial shopping center consisting of a strip center with six out parcels. North of the tract lies a 100' wide DD#6 ditch and the Lowe's center. Across Dowlen Road is the Texaco Credit Union and other commercial uses. East of the tract are Hillebrandt Bayou and townhouses. Thirteen notices were mailed to property owners within 200 feet of the subject property. No responses in favor or in opposition were returned to staff. Commissioner Hallmark opened the public hearing and asked for the applicant's comments. Eric Seitz, the applicant, addressed the Commission and Council. Commissioner Hallmark asked for comments in favor or in opposition. No comments were made. The public hearing was closed. Commissioner Bodwin made a motion to approve the zone change from RS and RM-H to GC -MD for the property located at the northeast corner of Folsom and Dowlen Road as requested in File 1451-Z. Commissioner Lucas seconded the motion. Motion to approve carried 5:0. 10) File 1452-P: Request for a specific use permit to allow a service station, auto and truck repair, inspection services, washing and detailing of vehicles, repair of boats, motorcycles, trailers and small engines, buying and selling of new and used cars, trucks, boats, trailers, motorcycles and repairs and services to same, road service, .rental of cars, trucks and trailers, selling auto parts and the collection of used oil, batteries and filters in an NC (Neighborhood Commercial) District. Location: 3355 Gladys (southwest corner of Gladys and IH-10 North) Applicant: Heath Vaughn Enterprises - Ronald Clark Mr. Richardson informed the Commission that the subject gas station was built in 1966, The applicant operated a full service gas station at the site from 1980 until March 22, 1995. According to City records, the truck rental business began in 1989. This property was rezoned NC in 1984. In May, 1998, the Planning Division sent Mr. Clark a letter staring that the .truck rental business was in violation of the Zoning Ordinance. At this time, an application has been submitted for a variety of uses that have been operating at this location. As can been seen by the chart in the staff report, some uses were and/or are allowed or disallowed under the old R 3 zoning or in the NC District by right or with a specific use permit. IM Planning Commission April 19, 1999 Ten notices were mailed to property owners within 200 feet of the subject property. Four notices in opposition and none in favor were returned to staff. Mr. Richardson added that the sale of vehicles is neither permitted by right or with a specific use permit, so if the Commission wants to approve the request as submitted, it would need to be approved with the exception of vehicle sales. In response to Commissioner Lucas, Mr. Richardson confirmed that the gasoline tanks had been removed and it is not operating as a gas station at this time. In an effort to conserve time, Mr. Richardson said that if there were no objections, he would suspend the showing of the slides. Commissioner Hallmark opened the public hearing and asked for the applicant's comments. Ronald Clark, the applicant, addressed the Commission. Mr. Clark said that when he bought his business in 1980, it was a full service station, including the sale of gasoline. All the services are still provided today, with the exception of the sale of gasoline. In addition to auto and truck repair, Ryder trucks have been rented since 1989. In 1995, the State informed Mr. Clark that he could no longer sell gasoline at that location. In May, 1998, the fuel tanks were removed from the ground. The State has stated that the dirt pit that is in front of the station must remain there for sampling, but Mr. Clark plans to cover it as soon as the State allows him to do so. The Ryder truck business improved over the years, and when the sale of gas was stopped, it was Mr. Clark's only source of income besides the repair business. He also performs maintenance on the Ryder trucks and for several other trucking companies. Commissioner Hallmark asked for comments in favor of the request. Dave Keith, Terminal Manager of RPS, a subsidiary of Federal Express, addressed the Commission in favor of the request. RPS, located at 6640 Eastex Freeway, has a national contract with Mr. Clark's division of Ryder Truck Rental. If Mr. Clark has to close, their business would go to the Ryder division in Rose City. In response to an audience member, slides of the subject area were shown. William Jefferson, 3510 Evalon, addressed the Commission in favor of the request. Mr. Jefferson has lived in his home for 19 years. Dennis Rozelle, 8655 Old Voth Road, spoke in favor of the request. Mr. Rozelle is Executive Director of the Hope Center for Crisis Pregnancy, a ministry that helps young women and girls with unplanned pregnancies. Mr. Rozelle said that Mr. Clark is a tremendous help to the Center either by repairing cars or by making donations. 11 Planning Commission April 19, 1999 Russell Bebeau, 3495 Crestwood Drive, spoke in favor of the request. Charlotte Viguet spoke in favor of the request. Ms. Viguet is a customer of Mr. Clark. Murray Anderson, 3480 Brentwood, spoke in favor of the request. Elizabeth Petit, 1095 20th Street, spoke in favor of Mr. Clark's request. She is a customer of Mr. Clark and spoke -highly of him. Dan Kohlhofer spoke in favor of Mr. Clark's request. Susan Steely, 5815 Honeysuckle, addressed the Commission in favor of Mr. Clark. She said that she is a Clinical Manager and Therapist for Buckner Children's Village and has been a customer of Mr. Clark for years. She spoke highly of Mr. Clark and thinks of him as a role model. Heath Vaughn Clark addressed the Commission in favor of Mr. Clark's request. He is Ronnie Clark's son. James Bruce, 6795 Linkwood, spoke in favor of Mr. Clark. Richard Bjerke spoke in favor of the request. Mr. Bjerke leases office and storage space next door to the subject property. Commissioner Hallmark asked for comments in opposition. John Morgan, 4735 Ebonwood, spoke in opposition to the request. Mr. Morgan submitted photos of the site to the Commission. Jack Gearinger, 3410 Evalon, spoke in opposition to the request. Mr. Gearinger lives directly across the street from the subject property. Lou Huber, Real Estate Agent for American Real Estate, spoke in opposition to the request. American Real Estate manages Longfellow Apartments, located across the street from the subject property. Ms. Huber complained about the upkeep of the station. John M. Smith, 3850 Wheat Drive, addressed the Commission in opposition to the request. Mr. Smith owns the house at 3430 Evalon. His daughter and her family live in the house. Clark Winslow, 3430 Evalon, spoke in opposition to the request. He complained that the subject property is not being maintained. 12 Planning Commission April 19. 1999 Grace Gearinger, 3410 Evalon, spoke in -opposition to the request. She complained that the subject site is not properly maintained. Commissioner Lucas suggested that Mr. Clark meet with his neighbors and that the Commission table this request until the next meeting. Commissioner Hallmark called for a motion. A citizen in the audience asked if the applicant would be able to rebut. Rebuttal by Mr. Clark. Commissioner Hallmark asked for a motion. No motion was made. Commissioner Hallmark asked for a motion to approve. No motion was made. Commissioner Hallmark asked for a motion to deny. No motion was made. Commissioner Hallmark stated that File 1452-P will be forwarded to City Council without a recommendation. THERE BEING NO FURTHER BUSINESS, THE MEETING ADJOURNED AT 6:17 P. M. 13