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HomeMy WebLinkAbout2-18-08 PC MinutesMINUTE REGULAR MEETING AND JOINT PUBLIC HEARINGS PLANNING COMMISSION AND CITY COUNCIL City Council Chambers February 18, 2008 A Regular Meeting and Joint Public Hearings of the Planning Commission and CityCouncil were held on February 18, 2008 with the following members present: Commvssion.members present: Commissioner Marty Craig Commissioner Greg Dykeman Commissioner Chris Reed Commissioner Walter Kyles Alternate Commissioner Randall Collins Commission members absent: Chairman Glenn Bodwin Vice Chairman Lynda Kay Makin Commissioner Sina Nejad Commissioner Ted Moor Commissioner Patrick Gibbs Alternate Commissioner Steven Johnson Councilmembers present: Mayor Pro-Tem Audwin Samuel Councilmember-at-Large W. L. Pate Councilmember Alan Coleman Councilmember Nancy Beaulieu Councilmembers absent: Mayor Becky Ames Councilmember-at-Large Gethrel Williams -Wright Councilmember Jamie Smith Also present: Stephen Richardson, Planning Manager; Jill Cole, Recording Secretary; Tyrone Cooper, City Attorney; Adina Abshire, Planner; Chris Boone, Community Development Director; Kyle Hayes, City Manager APPROVAL OF THE MINUTES Commissioner Craig made a motion to approve the minutes of the Regular Meeting and Joint Public Hearings held January 28, 2007. Commissioner Collins seconded the motion. Motion to approve carried 5:0. Planning Commission February 18,2008 REGULAR MEETING 1) Replat - Lots 1A and 1B,Block 21, North Addition: Consider a replat of Lot 1, Block 21, North Addition into Lots I and IB, Block 21, North Addition. Location: 2310 Grand and 830-850 Spruce Applicant: Mark Whiteley & Associates, Inc. Mr. Richardson presented the staff report. This item is a request for a replat of Lot 1, Block 21, North Addition into Lots lA and 1B, Block 21, North Addition. The property is located at 2310 Grand and 830, 840 and 850 Spruce. There are three houses on the subject property. The property owner wishes to subdivide the property to sell one house on one lot and the duplex and house on the other lot. Doing so -will create a Lot lA that does not meet the minimum lot area and lot depth nor meets the minimum rear yard building setback. Lot 1B will not meet the minimum lot area and lot depth nor the minimum front, side or'rear yard building setbacks. Mr. Richardsonrecommended approval oft -he replat and to the following variances: Lot 1A: Minimum lot depth from 100' to 72.18' Minimum lot area from 5, 000 sq. ft, to 3,601 sq. ft. Minimum rear yard building setback from 25' to 8.23' Lot 1B: Minimum lot depth from 100' to 49.93' Minimum lot area from 5,000 sq. ft. to 3,394 sq. ft. Minimum front yard building setback from 25' to 6.15' Minimum rear yard building setback from 25' to 0.15' Minimum side yard building setback from 5' to 4AT Nineteen notices were mailed to property owners within the subdivision and within 200 feet. Two responses in favor and none in opposition were returned. Commissioner Dykeman, acting as Chairman, opened the public hearing and asked for the applicant's comments. Tom Rowe, with Mark Whiteley & Associates, the applicant, addressed the Commission. Commissioner Dykeman asked for comments in favor or in opposition. No comments were made. The public hearing was closed. 2 Planning Commission February f , 200g Commissioner Craig made a motion to approve the Replat of Lot 1, Block 2I, North Addition into Lots lA and 1 B, Block 21, North Addition located at 2310 Grand and 830-850 Spruce and the following variances: Lot lA: Minimum lot depth from 100' to 72.18' Minimum lot area from 5, 000 sq. ft. to 3,601 sq. ft. Minimum rear yard building setback from 25' to 8.23' Lot 1B: Minimum lot depth from 100' to 49.93' Minimum lot area from 5,000 sq. ft. to 3,394 sq. ft. Minimum front yard building setback from 25' io 6.15' Minimum rear yard building setback from 25' to 0.15' Minimum side yard building setback from 5' to 4.49' Commissioner Kyles seconded the motion. Motion to approve carried 5:0. 2) Replat - Lots 1-3. Delta Business Park: Consider a replat of Part of Lot C, Block 20, all of Lot D, Block 20 and all of Lots A-C, Block 21, Heflebower and Scott Addition, part of Lot 2, Block 2, Cardinal City Addition and a portion of an abandoned 30' road into Lots 1-3, Delta Business Park. Location: South side of W. Cardinal Drive, east of Fanned Applicant: Mark Whiteley & Associates, Inc. Mr. Richardson presented the staff report. This item is a -request for a replat of part of Lot C, Block 20, all of Lot D, Block 20 and all of Lots A=C, Block 21, Heflebower and Scott Addition, part of Lot 2, Block 2, Cardinal City Addition and a portion of an abandoned 30' wide road. The property is on the south side of W. Cardinal, approximately half -way between Fannett. and Ward Drive. All three lots will have frontage on Cardinal. The property is zoned U. In an LI District, the minimum lot width is 100'. Lot 3 has a minimum width of 60'. This item was sent to all interested parties. No negative responses were received. Mr. Richardson recommended approval with a variance to the minimum lot width for Lot 3. Twelve notices were mailed to property owners within the subdivision and within 200 feet. No responses in favor or in opposition were received. Commissioner Dykeman opened the public hearing and asked for the applicant's comments. Planning Commission February 18, 2008 Tom Rowe with Mark Whiteley and Associates, Inc., the applicant, addressed the Commission. Commissioner Dykeman 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 replat of Part of Lot C, Block 20, all of Lot D, Block 20 and all of Lots A-C, Block 21, Heflebower and Scott Addition, part of Lot 2, Block 2, Cardinal City Addition and a .portion of an abandoned 30'road into Lots l =3, Delta Business Park, located on the south side of W. Cardinal Drive, east of Fannett with a variance to the minimum lot width for Lot 3. Commissioner Collins seconded the motion. 'Motion to approve carried 5:0. 3) Preliminary Plat Stoneleigh Apartments: Consider the Preliminary Plat of Stoneleigh Apartments, Lot 1, Block 1; 16.632 acres out of the W. B. Dyches Survey, Ab-17 Applicant: Fittz & Shipman,16c. Mr. Richardson presented the staff report. This item is a request for preliminary plat approval of Stoneleigh Apartments Addition, Lot 1, Block 1. The property is located on the east side_ of N. Major, south of the LNVA Canal. .Seneca Investments plans to construct an apartment complex on the subject property. In addition, a 334' section of Homsar Pointe Boulevard is going to be built. This item was sent to all interested parties. The Fire Marshall states that the fire hydrants must be laid out to meet his specifications. Mr. Richardson recommended approval subject to providing a fire hydrant layout that will meet with the Fire. Marshall's approval. Commissioner Dykeman asked for the applicant's continents. John Holm with Fittz & Shipman, Inc. addressed the Commission. Commissioner Kyles made a motion to approve the Preliminary Plat of Stoneleigh Apartments, Lot 1, Block 1; 16.632 acres out of the W. B. Dyches Survey, Ab-17, subject to providing a fire hydrant layout that will meet with the Fire Marshall's approval. Commissioner Craig seconded the motion. Motion to approve carried 5:0. 4) Preliminary Plat - Vision Village Subdivision, Section II: Consider the Preliminary Plat of Vision Village Subdivision, Section H; Lots 1-18, 5.337 acres out of the Chs. Williams League, Ab. No. 59. Applicant: Fittz & Shipman, Inc. 4 Planning Commission I:ebrmry 18, 2008 Mr. Richardson presented the staff report. This item is a request for preliminary plat approval of Vision Village Addition, Section U, a 5.3 acre, 18 lot single family residential subdivision. The property is located on the east side of S. Major, east of the intersection with Humble Road. In February, 2006, the Planning Commission approved a preliminary plat of Vision Village. The new plat reduces the size of the church parcel and adds 18 single family lots on part of the original church site. The church has decided to proceed with the entry road as part of Section H. This item was sent to all interested parties. No negative responses were received. Mr. Richardson recommended approval. Commissioner Dykeman asked for the applicant's comments. Don King with Fittz & Shipman, the applicant, addressed the Commission. Commissioner Craig made a motion to approve the Preliminary Plat of Vision Village Subdivision, Section 11; Lots 1-18, 5.337 acres out of the Chs. Williams League, Ab. No. 59. Commissioner Collins seconded the. motion. Motion to approve carried 5:0. 5) Amended Plat -The Sanctuary Addition: Consider an amended final plat of a replat of Lot 2 of Bell Pointe into The Sanctuary Addition; Lots 1-31, Block 1; 7.16 acres ouf of the H. Wms. League, Ab. No. 56. Applicant: Fittz & Shipman, Inc. Mr. Richardson presented the staff report. This item is a request for an amended plat of The Sanctuary Addition. The purpose of the amended plat is to specify a 10' rear yard building setback. The property is located on the west side of Dowlen Rd., north of Windwood Addition. In October, 2006 the Planning Commission approved a replat for a zero lot line subdivision with a zero side building setback along one side lot line and a 10' side building setback along the other side lot line. However, no variance request was made nor any mention made of the.desire for a 10' rear yard building setback. The Zoning Ordinance requires a 25' rear yard building setback. The rear yard building setback may be reduced to 15' if no accessory buildings are allowed in the required rear yard. Plans for five homes were submitted for construction under the zero lot line concept. However, they were built within 10' of the rear property line. On February 7, the Board of Adjustment considered two requests for variances to the rear yard building setback on two lots in The Sanctuary. Those requests were to allow construction of two homes 9' and 9'5" from the rear property lines. Planning Commission February t 8, 2008 The Board of Adjustment tabled those two variances pending the action of the Planning Commission. Mr. Richardson recommended approval. Commissioner Dykeman asked for the applicant's comments. Don King with Fittz & Shipman, Inc., the applicant, addressed the Commission. Discussion followed between the Commission members. Commissioner Collins made a motion to deny an amended final plat of a replat of Lot 2 of Bell Pointe into The Sanctuary Addition; Lots 1-31, Block 1; 7.16 acres out of the H. Wms. League, Ab. No. 56. Commissioner Craig seconded the motion. Motion to deny carried 4:0:1 (Kyles). - ROLL CALL JOINT PUBLIC HEARINGS Mayor Pro -Tern Samuel called the Joint Public Hearings of February 18, 2008 to order and explained the purpose of the joint hearing process and then turned the meeting over to Commissioner Dykeman. He explained the policies and procedures for the hearing process. 1) File 1927-P: Request fat an amended specific use permit to allow the expansion of a halfway house for offenders in a GC -MD (General Commercial -Multiple Family Dwelling) District. Location: 2400 block of Gulf Street Applicant: Correctional Systems, Inc. Mr. Richardson presented the staff report. This item is a request for an amended specific use permit to allow the expansion of a halfway house for offenders in a GC - MD District. The property is located at 2495 Gulf Street. Correctional Systems Inc. has acquired two additional lots for the purpose of expanding its facility. CSI proposes to construct a 5,000 sq. ft., 50-bed dormitory building with dining and offices and additional parking to accommodate the expansion. Mr. Richardson recommended approval subject to the following two conditions: The capacity of the facility shall not exceed 230 resident offenders at any time. A six foot wide landscape strip shall be required along the Spruce frontage of the parking lot. 0 Planning Commission . February 18, 2008 Thirty-four notices were mailed to property owners within 200 feet of the subject property. Three notices in opposition and none in favor were returned. Slides of the subject property were shown. Commissioner Dykernan opened the public hearing and asked for the applicant's comments. Ted Blanchard, representing Correctional Systems, Inc. (CSI), the applicant, addressed the Commission and answered questions. Discussion followed between Mr. Blanchard, the Commission and Council. Commissioner Dykeman asked for comments in favor or in opposition. Robert Bertrand, owner of Cotton Cargo, 2400 Gulf Street, spoke in favor of the request. Doug Landry, 275 Crestview Circle, spoke in opposition to the request. Mr. Landry is the Chairman of the Board of the Beaumont Housing Authority. Pastor Gary Cantue of the Memorial Church of God in Christ spoke in opposition to the request. Pastor Cantue stated that he works with the Beaumont Housing Authority and the surrounding neighborhood. Robert Reyna, Executive Director of the Beaumont Housing Authority, spoke in opposition to the request. Pastor Stanley Harris spoke in opposition to the request. Samuel McCauley, 1290 Live Oak, spoke in opposition to the request. Mary Lee; President of the Brickyard Neighborhood Association, spoke in opposition. Reverend Oveal Walker III, Mount Calvary Baptist Church, 2102 Renaud, spoke in opposition to the request. Rebuttal by Mr. Blanchard. Councilman Pate asked Mr, Blanchard if the request was tabled for 30 days and he was given that time to visit with the surrounding neighbors in opposition, where would that put him in terms of the bid process. Planning Commission February 18, 2008 Mi, Blanchard replied that they would not be able to turn in the bid because they would miss the deadline. Discussion followed between the Commission and Mr. Blanchard. Mr. Cooper stated that the Commission could vote on the request now and not forward to City Council for final vote for two weeks. That would give Mr. Blanchard time to meet with the neighbors. Gary Sitton, 4455 Thomas Court, addressed the Commission. The public hearing was closed. Discussion followed regarding the number and type of offenders at the facility. In response to Commissioner Dykeman, Mr. Richardson stated that the specific ue permit request in 2003 xas for the expansion of an old church into additional bed space for residents. Commissioner Reed made a motion to approve an amended specific use permit to allow the expansion of a halfway house for offenders in a GC -MD District at 2495 Gulf Street as requested in File 1927-P, subject to the following conditions: Capacity of the facility not to exceed 230 resident offenders at any time. Install a 6' wide'landscape strip along the Spruce frontage of the parking lot. Commissioner Craig seconded the motion. Motion to approve carried 4:1 (Dykeman). 2) File 1928-Z: Request for a zone change from RM-M (Residential Multiple Family Dwwelling-Medium. Density) District to RM-H (Residential Multiple Family Dwelling -Highest Density) District. Location: 1650 S. Major Applicant: Leonard W. White Mr. Richardson presented the staff report. This item is a request for a zone change from RM-M to RM-H for 11 acres located on the west side of S. Major, approximately 100' north of Frazier Drive. Mohammed Nagori is purchasing the subject property and wants to build approximately 288 apartment units. Under the current RM-M zoning, a maximum of 17 units per acre are permitted. Under the proposed RM H zoning, a maximum of 29 units per acre are permitted. The proposed development calculates to approximately 25 units per acre. 8 Planning Commission February 18, 2008 Mr. Richardson recommended approval of the request. Fifty-five notices were mailed to property owners within 200 feet of the subject property. One response in favor and six in opposition were returned. Slides of the subject property were shown. Commissioner Dykeman opened the public hearing and asked for the applicant's comments. Don Sample, 4730 Lanark Lane, addressed the Commission- on behalf of Mr. Nagori. Commissioner Dykeman asked for comments in favor or in opposition. Jayne Bordelon, 8530 Frazier Drive, spoke in opposition to the request. The public hearing was closed. Rebuttal by Mr. Sample. The public hearing was closed. Commissioner Kyles made a motion to approve a zone change from RM-M (Residential Multiple Family Dwelling -Medium Density) District to RM-H (Residential Multiple Family Dwelling -Highest Density) District for the property at 1650 S. Major as requested in File _1928-Z. Commissioner Reed seconded the motion. Motion to approve carried 4:1 (Collins). 3) File 1929-P: Request for a specific use permit to allow office/warehouses 'in a GC - MD (General Commercial -Multiple Family Dwelling) District. Location: West side of Eastex Freeway, approximately 184' north of Tram Road Applicant: Mark Whiteley and Associates, Inc. Mr. Richardson presented the staff report. The property owners propose to build two 4,950 sq. ft. buildings with related parking. Each building will include 3,441 sq. ft. of office space and 1;509 sq. ft. of warehouse space. The proposed use will be compatible with surrounding uses'and is conformance with the Activity Corridor designation along Eastex Freeway. Mr. Richardson recommended approval subject to providing a 6' wide landscape strip along the street frontage of the parking lot. Seven notices were mailed to property owners within 200 feet of the subject property. No responses in favor or in opposition were returned. Planning Commission February 18, 2008 Slides of the subject property were shown. Commissioner Dykeman opened the public hearing and asked for the applicant's comments. Tom Rowe with Mark Whiteley and Associates, Inc., the applicant, addressed the Commission. Commissioner Dykeman 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 specific use permit to allow office/warehouses in a GC -MD District for property located on the west side of Eastex Freeway, approximately 184' north of Tram Road as requested in File 1929- P, subject to providing a 6' wide landscape strip along the street frontage of the parking lot. Commissioner Kyles seconded the motion. Motion to approve carried 5:0. 4) File 1930_P: Request for a specific use permit to allow a real estate/investment office in an RCR (Residential Conservation and Revitalization) District. Location: 2341 McFaddin Applicant: M & M Investments, Inc. Mr. Richardson presented the staff report. Mickey Phelan, the applicant, states that his company provides consulting in the real estate and investment fields. The new office will occupy a former dentist office. The hours of operation will be Monday - Friday, 8 a.m. to 5 p.m. Existing parking is located both in the front and rear yards. Mr. Richardson recommended approval of the request. Twenty-nine notices were mailed to property owners within 200 feet of the subject property. No responses in favor or in opposition were returned. Commissioner Dykeman opened the public hearing and asked for the applicant's comments. Mickey Phelan, the applicant, addressed the Commission. Commissioner Dykeman asked for comments in favor or in opposition. No comments were made. The public hearing was closed. Commissioner Kyles made a â–ºnotion to approve a specific use permit to allow a real estate/investment office in an RCR District at 2341 Mcraddin as requested in File 1930-P. Commissioner Collins seconded the motion. Motion to approve carried 5:0. THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED AT5:17P.M. 10