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HomeMy WebLinkAbout11-16-09 PC MinutesMINUTES REGULAR MEETING AND JOINT PUBLIC HEARINGS PLANNING COMMISSION AND CITY COUNCIL City Council Chambers November 16, 2009 A Regular Meeting and Joint Public Hearings of the Planning Commission and CityCouncil were held on November 16, 2009 with the following members present: Commission members present: Chairman Lynda Kay Makin Vice Chairman Patrick Gibbs Commissioner Glenn Bodwin Commissioner Sina Nejad Commissioner Walter Kyles Commissioner Lauren Williams Mason Commissioner Eddie Senigaur Commission members absent: Commissioner Marty Craig Commissioner Steven Johnson Councilmembers present: Mayor Becky Ames Mayor Pro-Tem Gethrel Williams -Wright Councilmember-at-Large W. L. Pate Councilmember Nancy Beaulieu Councilmember Audwin Samuel Councilmember Jamie Smith Councilmembers absent: Councilmember Alan Coleman Also present: Stephen Richardson, Planning Manager; Jill Cole, Recording Secretary; Adina Ward, Planner; Tyrone Cooper, City Attorney; Chris Boone, Cominunity Development Director; Kyle Hayes, City Manager APPROVAL OF MINUTES Commissioner Kyles made a motion to approve the minutes of the Regular Meeting and Joint Public Hearings held October 19, 2009. Commissioner Gibbs seconded the motion. Motion to approve carried 6:0. Planning Commission November 16, 2009 REGULAR MEETING 1) Replat - Lots IA and 1B Troy Addition: Request for a replat of Lot 1, Troy Addition into Lots IA and 1B, Troy Addition. Location: 9710 and 9714 Faggard Road Applicant: Fittz & Shipman, Inc. Mr. Richardson presented the staff report. The purpose of the rep] at is to allow the neighbor to the west to purchase the proposed lot from Harold Wiggins, the owner of the existing Lot 1. The property will be combined with theirs. A 19' wide permanent access easement is being provided. However, the purchaser of the property will access the property through their lot to the west. Mr. Richardson recommended approval. Two notices were mailed to property owners within the subdivision. No responses in favor or in opposition were returned. Chairman Makin opened the public hearing and asked for comments. No comments were made. The public hearing was closed. Commissioner Nej ad made a motion to approve the Replat of Lots 1 A and 1B, Troy Addition into Lots 1 A and 1 B, Iocated at 9710 and 9714 Faggard Road as requested. Commissioner Kyles seconded the motion. Motion to approve carried 6:0. 2) File 751-OB: Request for the abandonment of a 188' portion of Forsythe Street and a 121' portion of a 20' wide alley in Block 25, Cartwright Terrace Addition. Applicant: Wm. G. Anderson Mr. Richardson presented the staff report. William Anderson owns the property on both sides of the subject rights -of -way and states that he would like to construct a fence around his properties. This item was sent to all interested parties. Entergy has an overhead primary electrical line running along both sides of Mr. Anderson's property. Entergy does not object as long as easements are retained. Water Utilities states that the sanitary sewer main in the abandoned portion of the alley will become private. Mr. Richardson also received comments from AT&T. They have facilities in the right- of-way. An easement will satisfy their needs. Mr. Richardson recommended approval subject to the following conditions: Retain 15' wide general utility casements along the east and west ends of the abandoned rights -of -way. 2 Planning Commission November 16, 2009 The existing 6 inch sanitary sewer main in the 20' alley will become a private sanitary sewer main within that section of the abandonment. Chairman Makin asked for the applicant's comments. William Anderson, the applicant, addressed the Commission. Vice -Chairman Gibbs made a motion to approve the abandonment of a 188' portion of Forsythe Street and a 121' portion of a 20' wide alley in Block 25, Cartwright Terrace Addition as requested in File 751-OB, subject to the following conditions: Retain 15' wide general utility easements along the east and west ends of the abandoned rights -of -way. The existing 6 inch sanitary sewer main in the 20' alley will become a private sanitary sewer main within that section of the abandonment. Commissioner Kyles seconded the motion. Motion to approve carried 6:0. ROLL CALL JOINT PUBLIC BE, ARINGS Mayor Ames called the Joint Public Hearings of November 16, 2009 to order and explained the purpose of the joint hearing process and then turned the meeting over to Chairman Makin. She explained the policies and procedures for the hearing process. 1) File 2005-Z: Request for a zone change from RM-M (Residential Multiple Family Dwelling -Medium Density) District and GC -MD (General Commercial -Multiple Family Dwelling) District to RS (Residential Single Family Dwelling) District or more restrictive district. Location: 1479-1490, 1510-1630 Dylan Drive, 5105-5110 Canyon Circle, 5105- 5110 Ridgeline Circle, 5105-5110 Elk Run Circle Applicant: City of Beaumont Planning staff Mr. Richardson presented the staff report. The subject property is the Wolf Creek Subdivision, Section 1. Recently, it was determined that a portion of the single family subdivision was located on property zoned GC -MD. As a result, staff talked with the developer of the property and both agreed that the most appropriate action was to initiate a zone change for the entire subdivision. 3 Planning Commission November 16, 2009 Mr. Richardson recommended approval. Thirty-five notices were mailed to property owners within 200 feet and within the subdivision. No responses in favor or in opposition were returned. Slides of the subject property were shown. Commissioner Senigaur arrived. Chairman Makin opened the public hearing and asked for continents. Charles Hemming, 1650 Washington Village Parkway addressed the Commission and asked for further explanation of the request. Chairman Malvin closed the public hearing. Conunissioner Bodwin made a motion to approve a zone change from RM-M (Residential Multiple Family Dwelling -Medium Density) District and GC -MD (General Commercial -Multiple Family Dwelling) District to RS (Residential Single Family Dwelling) District for the property at 1479-1490, 1510-1630 Dylan Drive, 5105-5110 Canyon Circle, 5105-5110 Ridgeline Circle, 5105-5110 Elk Run Circle as requested in File 2005-Z. Commissioner Senigaur seconded the motion. Motion to approve carried 7:0. 2) File 2006-ZIP: Request for a zone change from RS (Residential Single Family Dwelling) District to RM-M (Residential Multiple Family Dwelling -Medium Density) District or more restrictive district and a specific use permit to allow a church and a boarding house in an RM-M (Residential Multiple Family Dwelling - Medium Density) District. Location: 3895 Kenneth Applicant: Terrell Chatman Mr. Richardson presented the staff report. The applicant, Pastor Terrell Chatman, states that God's Way Spiritual Maintenance provides food, clothing and shelter to men who seek spiritual guidance. The church also assists needy families with food and assists the elderly and disabled. The location of the church and boarding house is the site of a former City of Beaumont fire station. In 2007, the previous owner had applied for a zone change to RM-M and a specific use to allow a residential care facility far juveniles. That request was denied by City Council. At the time, neighbors had concerns over the residential care facility and staff expressed a concern over spot zoning. Circumstances have not changed significantly to warrant a positive vote on the current application. 4 Planning Commission November 16, 2009 In addition, the Fire Marshal has stated that there are a number of fire code issues that exist with the building. Mr. Richardson said that he had received a call this morning from the Fire Marshal and he stated that Fire Department officials were at the site on Friday and informed Reverend Chatman that he had until the meeting to get the residents out of the building. Mr. Richardson recommended denial of the request. Thirty-four notices were mailed to property owners within 200 feet. One response in favor and none in opposition were returned. Slides of the property were shown. Chairman Makin opened the public hearing and asked for the applicant's comments. Pastor Chatman addressed the Commission and discussion followed. Chairman Makin asked for comments in favor or in opposition. Marvin Douglas, 3895 Kenneth, addressed the Commission in favor. Mr. Douglas is a disciple of God's Way Ministries. Dwayne Cunningham, 3895 Kenneth, addressed the Commission in favor of the request. Mr. Cunningham is a disciple of God's Way Ministries. Corine Westbrooks, 3955 Howard, addressed the Commission in favor of the request. Ms. Westbrooks is a member of the church. James Gardner, 5415 Midford, addressed the Commission in favor of the request. Mr. Gardner is a member of the church. Kevin Moore, 3895 Kenneth, addressed the Commission in favor of the request. Mr. Moore is a member of the church. Michael Hall addressed the Commission in favor of the request. Shane Wingate, 3895 Kenneth, addressed the Commission in favor of the request. Chairman Makin closed the public hearing. Discussion followed between staff, City Council and the Commission regarding spot zoning and other issues concerning the request. Planning Commission November 16, 2009 Commissioner Nejad made a motion to deny a zone change from RS (Residential Single Family Dwelling) District to RM-M (Residential Multiple Family Dwelling - Medium Density) District and a specific use permit to allow a church and a boardinghouse in an RM-M District. Commissioner Bodwin seconded the motion. Motion to deny carried 5:2 (Kyles, Gibbs). 3) File 2008-Z: Request for a zone change from RS (Residential Single Family Dwelling) District to GC -MD (General Commercial -Multiple Family Dwelling) District of more restrictive district. Location: Southwest corner of Delaware and Grand Applicant: Harmony Missionary Baptist Church Mr. Richardson presented the staff report. Harmony Missionary Baptist Church is preparing to build a 3,500 sq. ft. church building at 3040 Magnolia. The zoning of the church property is currently split with GC -MD zoning running along Magnolia. The subject half -acre will be used for church parking. The majority of the church building and parking will be located on that portion of the property facing Magnolia. Mr. Richardson recommended approval of the request. Forty-one 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 Makin opened the public hearing and asked for the applicant's comments. Florina Henderson, 5475 Comstock, addressed the Commission on behalf of the church. Chairman Makin asked for comments in favor or in opposition. No comments were made. The public hearing was closed. Commissioner Kyles made a motion to approve a zone change from RS (Residential Single Family Dwelling) District to GC -MD (General Commercial -Multiple Family Dwelling) District for the property at the southwest comer of Delaware and Grand as requested in File 2008-Z. Commissioner Senigaur seconded the motion. Motion to approve carried 7:0. 4) File 2009-P: Request for a specific use permit to allow a restaurant in an RCR-H (Residential Conservation and Revitalization) District. Location: 2693 North Applicant: Jack in the Box Eastern Division, L. P. G Planning Commission November I6, 2009 Mr. Richardson presented the staff report. The subject request for a specific use permit is to allow a Jack in the Box restaurant in an RCR-H District at 2693 North. Jack in the Box would like to construct a 2,462 sq. ft. restaurant with associated parking. The property is currently occupied by a doctor's office. The rest of the property is zoned GC -MD. The restaurant will accommodate sit down, carry out and drive through dining. Proposed ingress and egress will be by a new driveway onto I I" Street and by an existing driveway on North St. However, staff is recommending that the driveway be relocated to the east. Two existing driveways on North would be closed. The applicant is asking for a modification to the landscaping/screening requirements along the east and south property lines. Mr. Richardson conditioned approval on providing directional lighting that will minimize its affect on neighboring properties and providinghedges along North that will blocknoise and headlights. In addition, Mr. Richardson recommended that the driveway on North be moved to a location that would have minimal impact on the neighboring residential. Mr. Richardson recommended approval subject to the following conditions: • Shift the North St. curb cut east with the eastern boundary of the curb cut not being any greater than 80' from the 11` Street property line; • Provide an 8' tall wood screening fence along the entire east property line • Provide directional lighting that will minimize its affect on neighboring properties; • The owner identification sign shall be a monument sign not to exceed 6' in height - the maximum height being measured from twenty-four (24) inches above the Curb height adjacent to the property; • Provide a 3' tall planting hedge along North Street that is sufficiently dense to block air, noise and the light from headlights from affecting neighboring residential properties; • Provide a sufficient number of trees along 11" Street; and with a modification to the landscaping requirement along the east and south property lines (a 5.1' wide landscape strip along the east property line and an 8.5' wide landscape strip along the south property line). Thirty-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. 7 Planning Commission November 16, 2009 Chairman Makin opened the public hearing and asked for the applicant's comments. Jamie Mars, representative for Jack in the Box, addressed the Commission. Ms. Mars said that they are willing to comply with the lighting and landscaping requirements. She stated that the proposed hours are 7 a.m. to 2 a.m. Chairman Makin asked for continents in favor or in opposition. Don Hayes, 2671 North Street, addressed the Commission in opposition to the request. Barbara Krummel, 2670 North Street, addressed the Commission in opposition. Richard Krummel, 2670 North Street, addressed the Commission in opposition. Martin Broussard, 2495 Long, addressed the Commission in opposition. Paula Blazek, 2534 Long, addressed the Commission in opposition. Virginia Jordan, 2145 Hazel, addressed the Commission in opposition. Sheri Arnold, I Acadiana Court, addressed the Commission in favor of the request. Mrs. Arnold has been working with the owner of the property on this project. Casey Kovak, 2545 Long, addressed the Commission in opposition to the request. Suzanne Roane addressed the Commission in opposition to the request. Ms. Roane owns property on North Sheet. Chris Broussard, 2495 Long, addressed the Commission in opposition to the request. Rebuttal by Ms. Mars. Chairman Makin closed the public hearing. Vice -Chairman Gibbs made a motion to deny a specific use permit to allow a restaurant in an RCR-H (Residential Conservation and Revitalization) District at 2693 North Sheet as requested in File 2009-P. Commissioner Bodwin seconded the motion. Motion to deny carried 7:0. 5) File 750-OB: Request for amendments to Section 30, Zoning Ordinance, to restrict the sale of privately owned motor vehicles in residentially zoned areas to no more than two (2) times per calendar year, to no more than two (2) cars at any one time and for no more than thirty (30) consecutive days at any one time. Planning Commission November 16, 2009 Applicant: City of Beaumont Planning staff Mr. Richardson presented the staff report. Mr. Richardson recommended creating a new special condition that deals with private motor vehicle sales. This amendment is proposed due to ongoing problems with the sale of used motor vehicles in residentially zoned areas. Sales would be allowed only 2 times per calendar year for a period of no longer than 30 calendar days per sale. No more than 2 cars shall be sold at any one time during the allowed period of sale. For the purposes of this ordinance, a privately owned motor vehicle is one owned by an individual and not a company whose business is that of selling cars for a profit. The sale of motor vehicles that are not privately owned are prohibited in residentially zoned districts. Chairman Makin opened the public hearing and asked for comments in favor or in opposition. No comments were made. The public hearing was closed. Commissioner Kyles made a motion to approve amendments to Section 30, Zoning Ordinance, to restrict the sale of privately owned motor vehicles in residentially zoned areas to no more than two (2) times per calendar year, to no more than two (2) cars at any one time and for no more than thirty (30) consecutive days at any one time as requested in File 750-OB. Commissioner Senigaur seconded the motion. Motion to approve carried 6:1 (Nejad). OTHER BUSINESS THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED AT 4:00 P. M. L�