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HomeMy WebLinkAbout4-20-09 PC MinutesMINUTES REGULAR MEETING AND JOINT PUBLIC HEARINGS PLANNING COMMISSION AND CITY COUNCIL City Council Chambers April 20, 2009 A Regular Meeting and Joint Public Hearings of the Planning Commission and City Council were held on April 20, 2009 with the following members present: Commission members present: Chairman Lynda Kay Makin Vice Chairman Patrick Gibbs Commissioner Glenn Bodwin Commissioner Sina Nejad Commissioner Ted Moor Commissioner Chris Reed Commissioner Randall Collins Commissioner Eddie Senigaur Commissioner Walter Kyles Commission members absent: Commissioner Marty Craig Commissioner Greg Dykeman Commissioner Steven Johnson Councilmembers present: Mayor Becky Ames Mayor Pro-Tem Audwin Samuel Councilmember-at-Large Gethrel Williams -Wright Councilmember Alan Coleman Councilmember Jamie Smith Councilmembers absent: Councilmember-at-Large W. L. Pate Councilmember Nancy Beaulieu Also present: Stephen Richardson, Planning Manager; Jill Cole, Recording Secretary; Adina Ward, Planner; Chris Boone, Community Development Director; Quentin Price, Assistant City Attorney; Kyle Hayes, City Manager APPROVAL OF THE MINUTES Commissioner Reed made a motion to approve the minutes of the Regular Meeting held March 16, 2009 and the Special Meeting held March 30, 2009. Commissioner Bodwin seconded the motion. Motion to approve carried 9:0. Planning Commission April 20, 2009 REGULAR MEETING 1) Replat Lots 22A and 22B, Belvedere Addition: Consider the Replat of Lot 22, Belvedere Addition into Lots 22A and 22B, Belvedere Addition. Location: 458 and 460 Belvedere Applicant: Faust Engineering & Surveying, Inc. Mr. Richardson presented the staff report. Faust Engineering & Surveying has applied for this replat that consists of a 0.30 acre lot and a 0.27 acre lot. A house exists on each lot. Mr. Richardson recommended approval subject to verifying the spelling of the subdivision name in the title block. Fourteen notices were mailed to property owners. No responses in favor or in opposition were returned. ChairmanMakin opened thepublic hearing and asked forthe applicant's comments. Richard Faust addressed the Commission. Chairman Makin asked for continents in favor or in opposition. Beth Soileau, 440 Belvedere, addressed the Commission in favor of the replat. Commissioner Kyles made a motion to approve the Replat of Lot 22, Belvedere Addition into Lots 22A and 22B, Belvedere Addition located at 458 and 460 Belvedere subject to verifying the spelling of the subdivision name in the title block as requested. Commissioner Senigaur seconded the motion. Motion to approve carried 9:0. ROLL CALL JOINT PUBLIC HEARINGS Mayor Ames called the Joint Public Hearings of April 20, 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 1978-Z: Request for a zone change from RCR (Residential Conservation and Revitalization) District, GC -MD (General Commercial -Multiple Family Dwelling) District, LI (Light Industrial) District and HI (Heavy Industrial) District to CBD (Central Business District) and from LI (Light Industrial) District to RCR (Residential Conservation and Revitalization) District. 0a Planning Commission April 20, 2009 Location: Weiss Park, 798-1060 Bonham, 500-1000 blocks of Crockett, 500-1000 blocks of Fannin, 500-1000 blocks of Bowie,1000 block of Forsythe, 735, 755, 771 and 967-978 Wall, 702-995 College, 155, 201, 301, 309 and 323 South M.L.King Parkway, 700-900 blocks of Holmes, 300-600 blocks and 800-900 blocks of Archie, 300-600 blocks and 800-900 blocks of Jefferson, 500-600 blocks and 800-900 blocks of Trinity, 200-300 blocks and 500 block of Neches, 200-400 blocks of Elizabeth, 300-400 blocks of Pine, 200-300 blocks of Tevis, 400 block of Walnut, 100-400 blocks of Cypress, 700-800 blocks of Main. Applicant: City of Beaumont Planning Division Mr. Boone presented the staff report. Due to ongoing private and public investment, Downtown Beaumont is continuing its revitalization. This revitalization comes after years of disinvestment caused by development patterns shifting toward the suburbs. As existing buildings like the Kyle Building, Century Tower and Crockett Street have been restored, new buildings like Cathedral Square have been constructed. As the City continues to reinvest in Downtown, the need to protect current and future investments has increased. One important way to help protect current investments and to attract new interest is to provide enhanced control of land use. M1 More than $100 million in private and public money has been invested in Downtown Beaumont over the past 15 years. Also, the City is in the process of building its new Downtown Event Center and Park. In order to protect these investments and provide a level of security of investment for future developers, enhanced land use controls are needed. Currently, large parts of Downtown Beaumont are zoned for heavy and light industrial uses. These zoning categories permit such uses as mobile home dealerships, paper and steel mills and chemical plants, some without any requirement for approval by the Planning Commission and City Council. While these uses are certainly needed in our community, locating them in our revitalizing downtown may not be for the best. Also, while some of these uses are currently in our downtown, their location on the periphery and their limited numbers make them somewhat compatible to current levels of redevelopment. However, limiting future uses to the core of downtown and closer to the new park, allows for future redevelopment that would be better suited to a revitalized Downtown Beaumont. To this end, Planning staff recommends expanding the CBD zoning as illustrated on the attached map. In addition, there is one lot in Block 11, Beaumont Addition, that is owned by the Catholic Diocese of Beaumont. The entire block is the site of a new chancery being built by the church. Lot 5 is zoned LI while the rest of the lot is zoned RCR. Planning Commission April 20, 2009 Chairman Makin opened the public hearing and asked for comments in favor or in opposition. Sam Parigi, 445 N. 14"' Street, addressed the Comnussion in opposition to the proposed changes. Bill Geyser, Coburn Supply Company, addressed the Commission in opposition. Mike Matthews, 400 Neches, addressed the Commission. Mr. Matthews owns two businesses at that location. Chairman Makin closed the public hearing. Commissioner Reed made a motion to approve a zone change from RCR (Residential Conservation and Revitalization) District, GC -MD (General Commercial -Multiple Family Dwelling) District, LI (Light Industrial) District and HI (Heavy Industrial) District to CBD (Central Business District) and from LI (Light Industrial) District to RCR (Residential Conservation and Revitalization) District for the property located at, Weiss Park, 798-1060 Bonham, 500-1000 Blocks of Crockett, 500 - 1000 Blocks of Fannin, 500 - 1000 Blocks of Bowie, 1000 Block of Forsythe, 735, 755, 771 and 967-978 Wall, 702-995 College, 155, 201, 301, 309 and 323 South M. L. King Parkway, 700-900 Blocks of Holmes, 300- 600 Blocks & 800-900 Blocks of Archie, 300-600 Blocks and 800-900 Blocks of Jefferson, 500 - 600 Blocks & 800-900 Blocks of Trinity, 200-300 Blocks & 500 Block of Neches, 200-400 Blocks of Elizabeth, 300-400 Blocks of Pine, 200-300 Blocks of Tevis, 400 Block of Walnut,100-400 Blocks of Cypress, 700-800 Blocks of Main as requested in File 1978-Z. Commissioner Moor seconded the motion. Motion to approve carried 7:2 (Kyles, Senigaur). (Commissioner Senigaur left the meeting.) 2) File 746-OB: Request to amend the Zoning Ordinance, Chapter 30, Section 30-24 B, Permitted Use Table, CBD (Central Business District), to allow some uses by right and some uses with a specific use permit. Applicant: City of Beaumont Mr. Boone presented the staff report. Staff undertook a study of other cities similar in size and economic conditions to Beaumont to see what land uses were permitted in their downtowns. While some cities' regulations are more restrictive than others, the majority of them allow a mix of residential, commercial and light industrial uses. Based upon the information collected in the study and taking into consideration the particular characteristics of Beaumont's downtown, staff recommends the amendments as shown in the permitted use table. By adopting the proposed r � 4 Planning Commission April 20, 2009 changes, this would bring Beaumont in line with other CBD's, in that some uses are allowed by right, some with a specific use permit and some would be prohibited. Chairman Makin opened the public hearing and asked for comments in favor or in opposition. Sam Parigi addressed the Commission in reference to the notification process. Discussion followed between the Commission and staff regarding notifications. Chairman Makin closed the public hearing. Commissioner Nejad made a motion to approve amendments to the Zoning Ordinance, Chapter 30, Section 30-24 B, Permitted Use Table, CBD (Central Business District), to allow some uses by right and some uses with a specific use permit as requested in File 746-013. Commissioner Reed amended the motion with the following exceptions: SIC Group 51, add Subcategories 514 and 518 and change table to reflect permitted by right (P) in the CBD. SIC Group 50, add Subcategory 5074 and change table to reflect permitted by right (P) in the CBD. SIC Group 42, add Subcategory 4225 and change table to reflect permitted by right (P) in the CBD. SIC Group 44, change table to reflect allowable in the CBD with a specific use permit (S). SIC Group 72, Subcategory 729, change table to reflect not allowable (blank) in the CBD. SIC Group 73, Subcategory 738, change table to reflect permitted with a specific use permit (S) instead of permitted by right (P). Non -Classified Uses, Residential Uses, Servants/Caretaker Quarters, change table to reflect permitted with a specific use permit (S) instead of permitted by right (P). Commissioner Moor seconded the motion. Motion to approve carried 8:0. 3) File 1982-P: Request for a specific use permit to allow a clothing retail store in the CBD (Central Business District). Location: 210 Willow Applicant: Ace Imagewear Planning Commission April 20, 2009 Mr. Richardson presented the staff report. H & S Investments owns most of this city block and is doing business as Ace Imagewear, formally Shepherd's Uniform and Linen Supply. The subject property is to be used for the company's retail Safety Apparel store. The 1,200 sq. ft. location is the former location of a used furniture store. Mr. Richardson recommended approval. Fourteen notices were mailed to property owners within 200 feet. Five responses 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. David Heilman, owner of Ace Imagewear, addressed the Commission. Chairman Makin asked for comments in favor or in opposition. No comments were made. Chairman Makin closed the public hearing. Commissioner Reed made a motion to approve a specific use permit to allow a clothing retail store in the CBD (Central Business District) at 210 Willow as requested in File 1982-P. Conunissioner Kyles seconded the motion. Motion to approve carried 8:0. 4) File 1984-Z: Request for a zone change from LI (Light Industrial) District to RM-H (Residential Multiple Family Dwelling -Highest Density) District. Location: South side of Chinn Lane and east of Eastex Freeway Applicant: Brad Knolle for The NRP Group Mr. Richardson presented the staff report. The NRP Group states that the purpose of the zone change is to allow for the construction of a 252 unit apartment complex on the subject 15.53 acres. The three story garden style apartments will be developed at a density of 17 units per acre. The development will gated. Under the current zoning classification, a wide variety of commercial and industrial uses could be developed on the property which could negatively affect the residential properties to the south. The permitted uses in the RM-H zoning are much more compatible with the neighboring single family uses and the proposed apartments would act as a buffer between future industrial uses to the north and the single family to the south. Mr. Richardson recommended approval of the request. Seventeen notices were mailed to property owners within 200 feet. Two responses in opposition and none in favor were returned. 2 Planning Commission April 20, 2009 Slides of the subject property were shown. Chairman Makin opened the public hearing and asked for the applicant's comments. Brad Knolle, Land Acquisitions Manager for The NRP Group, addressed the Commission. Chairman Makin asked for comments in favor or in opposition. Howard Nichols addressed the Commission in favor of the request. Mr. Nichols owns the subject property. The public hearing was closed. Commissioner Kyles made a motion to approve a zone change from LI (Light Industrial) District to RM-H (Residential Multiple Family Dwelling -Highest Density) District for property located on the south side of Chinn Lane and east of Eastex Freeway as requested in File 1984-Z. Commissioner Nejad seconded the motion. Motion to approve carried 8:0. 5) File 745-OB: Request for the annexation of 564.83 acres, more or less, to the City of Beaumont. Location: Between Martin Luther King Parkway and the Neches River, extending in an easterly and northerly direction from the city limits at the KCS Railroad right- of-way near the intersection of Florida Avenue. Applicant: City of Beaumont Planning Division Mr. Richardson announced that File 745-OB would be deferred until the next meeting. 6) File 747-OB: Request to amend the Zoning Ordinance, Chapter 30, to clarify that only one single family residence shall be permitted as a primary use on a lot or parcel of land. Applicant: City of Beaumont Planning Division Mr. Richardson presented the staff report. While policy has been to permit only one single family residence as a primary use on a lot or parcel of land, the Zoning Ordinance does not specifically state that. In order to make sure that the Zoning Ordinance is clear on this particular issue, staff recommends the following amendment: Change the definition of a single family dwelling to include "Only one single family dwelling shall be permitted as a primary use on a lot or parcel of land." 7 Planning Commission April 20, 2009 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 Reed made a motion to approve an amendment to the Zoning Ordinance, Chapter 30, to clarify that only one single family residence shall be permitted as a primary use on a lot or parcel of land as requested in File 747-OB. Commissioner Kyles seconded the motion. Motion to approve carried 8:0. OTHER BUSINESS Commissioner Reed requested that staffreview the zoning ofproperties surrounding public and private schools to insure that they are property zoned for their use and propose a plan, if needed. THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED AT 5:10 P. M.