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HomeMy WebLinkAbout7-27-09 PC MinutesMINUTES REGULAR MEETING AND JOINT PUBLIC HEARINGS PLANNING COMMISSION AND CITY COUNCIL City Council Chambers July 27, 2009 A Regular Meeting and Joint Public Hearings of the Planning Commission and City Council were held on July 27, 2009 with the following members present: Commission members present: Chairman Lynda Kay Malvin Commissioner Sina Nejad Commissioner Marty Craig Commissioner Walter Kyles Commissioner Greg Dykeman Commissioner Ted Moor Commissioner Eddie Senigaur Commission members absent: Vice Chairman Patrick Gibbs Commissioner Glenn Bodwin Commissioner Steven Johnson Commissioner Chris Reed CounciImembers present: Mayor Becky Ames Mayor Pro -Tern Gethrel Williams -Wright Councilmember-at-Large W. L, Pate Councilmember Alan Coleman Councilmember Nancy Beaulieu Councilmember Audwin Samuel Councilmembers absent: Councilmember Jamie Smith Also present: Stephen Richardson, Planning Manager; Carla Gighotta, Recording Secretary; Adina Ward, Planner; Chris Boone, Community Development Director; Tyrone Cooper, City Attorney APPROVAL OF THE MINUTES Commissioner Craig made a motion to approve the minutes of the Regular Meeting held June 15, 2009. Commissioner Kyles seconded the motion. Motion to approve carried 7:0. Planning Commission July 27, 2009 REGULAR MEETING 1) Replat - Tracts 1 and 2. Hospitality Plaza: Consider the Replat of a 2.36 acre tract out of Lots 25-28, College Acres Addition and of Blocks 22-23, Columbus Cartwright Addition No. 1 into Tracts 1 and 2, Hospitality Plaza. Location: 1050 IH-10 South and 3985 College Street Applicant: Faust Engineering and Surveying, Inc. Mr. Richardson presented the staff report. The subject property is zoned LI and a hotel occupies the proposed tracts. The request was sent to all interested parties. No negative responses were received. Mr. Richardson recommended approval. Nine notices Y: ere mailed to property owners within 200 feet. No response.:!i favor or in opposition were returned. Mr. Richardson recommended approval of the request. Chairman Malvin opened the public hearingand asked for the applicant's comments. The applicant was not present. Chairman Makin asked for comments in favor or in opposition. No comments were made. The public hearing was closed. Commissioner Senigaur made a motion to approve the Replat - Tracts 1 and 2, Hospitality Plaza located at 1050 IH-10 S. and 3985 College Street as requested. Commissioner Craig seconded the motion. Motion to approve carried 7:0. 2) Amended Preliminary Plat of Regent_II Phases I and II: Consider the Amended Preliminary Plat of Regent II, Phases I and II. Location: Regent Street, west of Jirou Street Applicant: Fittz & Shipman, Inc. Mr. Richardson presented the staff report. This item is a request for an amended preliminary plat of a subdivision approved earlier in the year. The property is located on the old fair grounds, west of Gulf Street. The Beaumont Housing Authority wants to develop an. 87 lot single family residential subdivision north and west of Regent I, the apartment complex that it has developed. 2 Planning Commission July 27, 2009 A preliminary plat was originally approved with a different configuration for St. Helena. However, under that configuration, an existing Entergy transmission line would need to be relocated at a huge expense. This plat corrects the alignment so that the transmission line will not have to be relocated. The Transportation Division had suggested that Maime Street be extended to St. Helena. However, it is the desire of the Housing Authority to keep the apartment complex separate from the single family portion. Community Development agrees with the Housing Authority and did not make it a condition of approval. Lots 83-87 have lot depths of less than 100', which is the minimum. The applicant is requesting a variance to the Iot depth for those lots. Mr. Richardson recommended approval subject to the following conditions: �11 fire hydrants must be Iocated at a property line. (Water Ltilities) Show the existing sanitary sewer main along Concord: (Water Utilities) The sanitary sewer main at Lots 49 - 51 will not be able to curve. Install manholes where necessary to eliminate the curving of the main. (Water Utilities) A manhole will need to be installed at St. Helena and Concord. (Water Utilities) Provide a 15' x 15' corner clip on every corner of every intersection. (Transportation) Chrystal and Misti Lanes shall be aligned. The Subdivision Regulations require a minimum of 150' from centerline to centerline. (Transportation and Engineering) U If decorative lighting is to be utilized, provide a separation of no greater than 76' between light poles. If luminaries will be utilized, minimum distance between poles is 200'. (Transportation) D Indicate on the plat sight distances and provide hachuring for sight areas. (Transportation) a Provide a transition from that part of St. Helena north of and outside of the plat and that part of St. Helena within the plat. (Transportation) O Show right -of way and pavement widths on all streets. (Engineering) U Show all cul-de-sac radii. (Engineering) Regent St. right-of-way width in Ph. II shall be the same as the right-of-way width in Ph. I. (Engineering) O Lots 83 - 87 shall have a 100' depth or a variance to the lot depth requirement must be granted by the Planning:Commission. (Planning) G Show side lot dimensions on Lots 44-46. (Planning) Chairman Makin asked for the applicant's comments. Planning Commission July 27, 2009 John Holm with Fittz and Shipman, Inc. addressed the Commission. Commissioner Nejad made a motion to approve the Amended Preliminary Plat of Regent II, Phases I and II located on Regent Street, west of Jirou Street subject to the following conditions: U All fire hydrants must be locatedata property line. (Water Utilities) Show the existing sanitary sewer main along Concord. (Water Utilities) U The sanitary sewer main at Lots 49 - 51 will not be able to curve. Install manholes where necessary to eliminate the curving of the main. (Water Utilities) A manhole will need to be installed at St. Helena and Concord. (Water Utilities) o Provide a 15' x 15' corner clip on every corner of every intersection. (Transportation) Chrystal and Misti Lanes shall be aligned. The Subdivision Regulations require a minimum of 150' from centerline to centerline. (Transportation and Engineering) V If decorative lighting is to be utilized, provide a separation of no greater than 76' between light poles. If luminaries will be utilized, minimum distance between poles is 200'. (Transportation) O Indicate on the plat sight distances and provide hachuring for sight areas. (Transportation) U Provide a transition from that part of St. Helena north of and outside of the plat and that part of St. Helena within the plat. (Transportation) U Show right-of-way and pavement widths on all streets. (Engineering) O Show all cul-de-sac radii. (Engineering) U Regent St. right-of-way width in Ph. II shall be the same as the right-of-way width in Ph. I. (Engineering) Lots 83 - 87 shall have a 100' depth or a variance to the lob depth requirement must be granted by the Planning Commission. (Planning) U Show side lot dimensions on Lots 44-46. (Planning) Commissioner Craig seconded the motion. Motion to approve carried 7:0. 3) File 748-OB: Consider a request for an abandonment of a 50' x 172.10' portion of Austin Avenue. Applicant: Hart Green Mr. Richardson presented the staff report. This item is a request for an abandonment of an unimproved 50' x 172.10' portion of Austin Avenue, west of Central Drive. Hart Green owns the property north and south of the subject property. DD#6 owns 4 Planning Commission July 27, 2009 the property at the west end of the right-of-way. Mr. Green has agreed to give DD#6 unhindered access to its ditch. Mr. Richardson recommended approval subject to the applicant providing DD#6 written approval allowing unhindered access to its ditch located on the west end of the abandonment. Chairman Makin opened the public hearing and asked for the applicant's comments. Hart Green, the applicant, addressed the Commission. Chairman Making asked for comments in favor or in opposition. No continents were made. The public hearing was closed. Commissioner Dykeman made a motion to approve an abandonment of a 50' x 172.10' portion of Austin Avenue .as requested in- file .i48-OB subject to the applicant providing DD#6 written approval allowing unhindered access to its ditch located on the west end of the abandonment. Commissioner Senigaur seconded the motion. Motion to approve carried 7:0. ROLL CALL JOINT PUBLIC HEARINGS Mayor Ames called the Joint Public Hearings of July 27, 2009 to order and explained the purpose of the joint hearing process and then tumed the meeting over to Chairman Makin. She explained the policies and procedures for the hearing process. 1) File 1991-Z: Request for a zone change from RS (Residential Single Family Dwelling) District to RM-H (Residential Multiple Family Dwelling -Highest Density) District. Location: 2795 S. 8re and 3625 Roberts Applicant: Gary Hidalgo representing Spindletop WWR Services Mr. Richardson presented the staff report. Gary Hidalgo with Spindletop MHMR states that MHMR's other property is zoned RM-H. The zone change would make MI-EAR's property consistent and would enable it to build 14 housing units on this site if HUD Section 811 funding is approvr-,d. Mr. Richardson recommended approval. Planning Commission July 27, 2009 Twenty-seven 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. Gary Hidalgo, representing MHMR, addressed the Commission. Chairman Makin asked for comments in favor or in opposition, No comments were made. The public hearing was closed. Commissioner Craig made a motion to approve a zone change from RS District to RM-H District at 2795 S. 8' and 3625 Roberts as requested in File 1991-Z. Commissioner Moor seconders the motion. Motion to approve carried 7:0. 2) File 1992-P: Request for an amended specific use permit to allow the deletion of the parking requirement for an apartment complex in the CBD (Central Business District). Location: 527 Forsythe Applicant: Bill Scantland for'the Landmark Group 3) File 1993-P: Request for an amended specific use permit to allow the deletion of the parking requirement for an apartment complex in the CBD (Central Business District). Location: 620 Pearl Applicant: Bill Scantland for the Landmark Group Mr. Richardson presented the staff reports for 1992-P and 1993-P together. In March, 2007, Beaumont Downtown Lofts received specific use permits for these two properties subject to providing and maintaining 1.5 off-streetparking spaces per unit. The developer entered into a lease agreement for the provision of off-street parking at 468 Forsythe. Mark Watler, representing the applicant, states that the developer has incurred a burdensome additional cost because of this parking requirement. The owner faces the prospect of having to pay the sum of $15,660 per year indefinitely for parking spaces if the parking requirement is not removed. Both apartment buildings are now complete and renting and Mr. Watler contends that neither project has introduced substantial new traffic, into. the area that could impede traffic flow. Mr. Watler states that the property manager has observed that the leased spaces on Forsythe are rarely used. Mr. Richardson recommended denial based upon the fact that on -street parking 0 Planning Commission July 27, 2009 cannot be guaranteed and could become an issue for tenants if not available. This could impact future development of surrounding properties. Another option might be to find a different lease arrangement with more favorable terms. Regarding File 1992-P, 13 notices were mailed to property owners within 200 feet. One response in opposition and none in favor were returned. Regarding File 1993-P, 14 notices were mailed to property owners within 206 feet. No responses in favor and two in opposition were returned. Slides of the subject property were shown. Chairman Makin opened the public hearing and asked for the applicant's continents. Mark Watler, the applicant, addressed the CoTi ission. Chairman Malvin asked for comments in favor or in opposition. Rick Clark, 510 Trinity, addressed the Commission in opposition to the request. Mr. Clark is the developer of Cathedral Square. Virginia Keifer, 750 Cathedral Square, addressed the Commission in opposition to the request. Rebuttal by Mr. Watler. Chairman Makin closed the public hearing. Discussion followed between the City Council, Commission and applicant. Commissioner Nejad made a motion to deny an amended specific use permit to allow the deletion of the parking requirement for an apartment complex in the CBD (Central Business District) at 527 Forsythe as requested in File 1992-P. Commissioner Moor seconded the motion. Motion to deny carried 7:0. Commissioner Nejad made a motion to deny an amended specific use permit to allow the deletion of the parking requirement for an apartment complex in the CBD (Central Business District) at 620 Pearl as requested in File 1993-P. Commissioner Moor seconded the motion. Motion to deny carried 7:0. 4) File 1994-P: Request for an amended specific use permit to allow the modification of the landscaping requirements for a school in an RS (Residential Single Family Dwelling) District. Location: 8800 Highway 105 Applicant: Southeast Educational Foundation Trust 7 Planning Commission July 27, 2009 Mr. Richardson presented the staff report. In August, 1996, City Council approved a specific use permit to allow a private school on the subject property. In 2006, the Southeast Texas Educational Foundation Trust bought the school and is doing business as Legacy Christian Academy. Lyn Stevens, representing SEFT, states that for the coming school year, there is an immediate need for increasing classroom size for the 6' grade. SEFT desires to move in a portable multi -classroom building at a cost of $65,000. At the time of review of that building permit, staff realized that none of the perimeter landscaping had been done. The original specific use permit required the installation of trees along the 3,850 lineal feet of the eastern and western boundaries of the property. A 30' wide landscape buffer was to be installed along the eastern property line and a 70' wide landscape buffer v..-as to be installed along the west property line. Thatrequiremcnt was not enforced at the time of the issuance of the initial certificate of occupancy. Mr. Stevens states that it now would cost the school over $41,000 for trees to cover the distance. SEFT is requesting a phasing of the landscaping installation with slightly smaller trees. Mr. Richardson recommended approval subject to the following conditions: Trees shall be planted along the west boundary line, beginning 250 feet from the front property line along Hwy. 105 and extending a distance of 400 feet. This planting shall occur between December, 2009 and February, 2010. Class A trees will be a minimum of 1.5" caliper. Class B trees will be a minimum of 5' in height. After the initial planting of trees along the western boundary line, trees shall be planted along the east and west boundary lines at a total annual rate of 400 feet. Sixty nine notices were mailed to property owners within two hundred feet. One response in favor and none in opposition were returned. Slides of the subject property were shown. Chairman Makin opened the public hearing and asked for the applicant's comments. Roger Pricer, Director. of I egacy Christian Academy, addressed the Conunission.. Mr. Pricer asked for a waiver of the planting of trees on the east side. Chairman Makin asked for comments in favor or in opposition. No comments were made. Chairman Makin closed the public hearing. Planning Commission July 27, 2009 Commissioner Senigaur made a motion to approve an amended specific use permit to allow the modification of the landscaping requirements for a school in an RS District at 8800 Highway 105 as requested in File 1994-P, subject to the following conditions: Trees shall be planted along the west boundary line, beginning 250 feet from the front property line along Hwy. 105 and extending a distance of 400 feet. This planting shall occur between December, 2009 and February, 2010. Class A trees will be a minimum of 1.5" caliper. Class B trees will be a minimum of 5' in height. After the initial planting of trees along the western boundary line, trees shall be planted along the east and west boundary lines at a total annual rate of 400 feet. Commissioner Kyles seconded•thc motion. Motion to deny carried 6:1(Dykeman). 5) File 1995-P: Request for an amended specific use permit to allow the construction of an equipment shelter at the existing cell tower facility in an RS (Residential Single Family Dwelling) District. Location: 360 E. Alma Applicant: Shep Poland Realty Mr. Richardson presented the staff report. Shep Poland, representing Verizon Wireless, states that Verizon needs to add a cell tower in this area of Beaumont. Verizon would prefer to utilize the existing tower rather than construct a new tower. In order to expand usage of the tower, an equipment shelter must be placed at the existing facility to house radio equipment. The proposed shelter is 11' 8" x 28'. The shelter is unmanned but will be visited by technicians approximately 5 to 7 times per month during regular business hours. The shelter is monitored from a remote location for entry, temperature and equipment malfunction. Mr. Richardson recommended approval subject to the following conditions: A five foot building setback for the equipment shelter must be adhered to along the east property line. Provision of an 8' wood privacy fence shall be constructed along the east property line. The fence surrounding the property shall be maintained. Twenty-six 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. Z Planning Commission July 27, 2009 Shep Poland, the applicant, addressed the Commission. Chairman Makin asked for comments in favor or in opposition. Larry Schaefer, President of SMR Systems; Inc., addressed the Commission in favor of the request. SMR owns the subject property. Chairman Makin closed the public hearing. Discussion followed between Council and the Commission. Commissioner Nejad made a motion to approve an amended specific use permit to allow the construction of an equipment shelter at the existing cell tower facility in an RS District at 360 E. Alma as requested in File 1995-P, subject to the following conditions: A five foot building; setback for the equipment shelter must be adhered to along the east pi-:) er iy line. An eight foot tall chain link fence with inserted slats shall be constructed along the east and north sides of the property along with a gate on the north side. The fence surrounding the property shall be maintained. Commissioner Dykeman seconded the motion. Motion to approve carried 7:0. 6) File 1996-Z: Request for a zone change from LI (Light Industrial) District to CBD (Central Business District). Location: Southwest corner of Neches and Crockett Applicant: City of Beaumont Planning Division Mr. Richardson presented the staff report. In April, 2009, City Council approved the rezoning of over 99 acres to CBD. Once the rezoning had occurred, it was noticed that a small portion of Block 18 and Tract A in the Van Wormer Addition had been left out of the proposed CBD District. So that the subject property is zoned CBD Iike all the property surrounding it, staff is bringing the rezoning of this property forward to the Planning Commission and City Council for their consideration. Mr. Richardson recommended approval of the request. Thirteen notic..es were mailed to property owners within 200 feet. No respo:,ses in favor or in opposition were returned. Chairman Makin opened the public hearing and asked for the applicant's comments. Michael Matthews, 400 Neches, addressed the Commission. Mr. Matthews owns the subject property. 10 Planning Commission July 27, 2009 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 LI District to CBD for the property located at the southwest corner of Neches and Crockett as requested in File 1996-Z. Commissioner Craig seconded the motion. Motion to approve carried 7:0. OTHER BUSINESS THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED. 11