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HomeMy WebLinkAbout6-16-08 PC Minutesa M I N V REGULAR MEETING AND JOINT PUBLIC HEARINGS PLANNING COMMISSION AND CITY COUNCIL City Council Chambers June 16, 2008 A Regular Meeting and JointPublic Hearings of the Planning Commission and City Council were held on June 16, 2008 'with the following members present: Commission members present: Chairman Lynda Kay Makin Commissioner Glenn Bodwin Commissioner Sina Nejad Commissioner Chris Reed Commissioner Ted Moor Commissioner Walter Kyles Commissioner Eddie Senigaur Commission members absent: Vice Chairman Patrick Gibbs Commissioner Marty Craig Commissioner Greg Dykeman Alternate Commissioner Randall Collins Alternate Commissioner Steven Johnson Councilmembers present: Mayor Becky Ames Councilmember=at-Large W. L. Pate Councilmember Nancy Beaulieu Councilmember Alan Coleman Councilmember Jamie Smith Councilmembers absent: Mayor Pro-Tem Audwin Samuel Councilmember-at-Large Gethrel Williams -Wright 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 Kyles made a motion to approve the minutes of the Regular Meeting and Joint Public Hearings held May 19, 2008. Commissioner Moor seconded the motion. Motion to approve carried 7:0. Planning Commission June 16, 2008 REGULAR MEETING 1) File 728-OB: Request to abandon an undeveloped portion of 9'b Street. Location: Between Corley and Roberts Streets Applicant: Drainage District #6 Mr. Richardson presented the staff report. Drainage District #6 states that it has developed a plan to relieve flooding in the Corley Cartwright areas. DD#6 has acquired the property on either side of the subject tract. This area will become part of the Corley Cartwright Detention Basin. The request was sent to all interested parties. No negative responses were received. Mr. Richardson recommended approval of the request. Commissioner Nejad made a motion to approve a request to abandon an undeveloped portion of 9's Street between Corley and Roberts Streets as requested in File 728-OB. Commissioner Moor seconded the motion. Motion to approve carried 7:0. 2) File 729-OB: Request to abandon portions of Fulton Avenue, Burt Street, Tagore Street, Grove Street, Grant Street, Buford Street, Jamison Street and the alley in Block 4, Oakwood Subdivision Applicant: Fittz & Shipman, Inc. Mr. Richardson presented the staff report. ExxonMobil and the Port of Beaumont have applied for the abandonment of these rights -of -way. With the exception of those rights -of way, all other properties have been purchased and/or obtained by ExxonMobil or the Port of Beaumont. Chris Fisher, Executive Director of the Port of Beaumont, states that the Port is especially interested in abandoning Buford Street, east of Carroll, and Jamison Street. The Port is facing increased challenges to provide the level of security expected by its Port Commission, its business customers and government agencies. The Port owns the property on each side of Buford to its termination at the ExxonMobil refinery. The closure would enhance business operations inside the Port by allowing rail traffic to cross Buford freely at the Port Grain elevator. Mr. Fisher also states that the Port has been unable to determine if Jamison Street is a city street. It is not listed in the street index. The Port has been previously advised that this street was not dedicated to the City but may have been maintained by Jefferson County. Therefore, the Port will also request of the County an abandonment of that street. Mr. Richardson recommended approval subject to the following conditions: 2 Planning Commission June 16.2008 Retain the abandoned rights -of -way as drainage and utility easements for the drainage facilities and utility facilities within the rights -of -way. Any work or maintenance in these areas needs to be under the safety guidelines or procedures of the City of Beaumont. Discussion followed between the Commissioners. Commissioner Kyles made a motion to approve a request to abandon portions of Fulton Avenue, Burt Street, Tagore Street, Grove Street, Grant Street, Buford Street, Jamison Street and the alley in Block 4, Oakwood Subdivision as requested in File 729-OB, subject to the following conditions: Retain the abandoned rights -of -way as drainage and utility easements for the drainage facilities and utility facilities within the rights -of -way. Any work or maintenance in these areas needs to be under the safety guidelines or procedures of the City of Beaumont. Commissioner. Senigaur seconded the motion. Motion to approve carried. 5:0:2 (Reed, Bodwin). 3) Preliminary Plat - River Ranch, Section Two: Consider the Preliminary Plat of River Ranch, Section Two.' Location: West of Reins Road and south of Frio Applicant: Faust Engineering & Surveying, Inc. Mr. Richardson presented the staff report. This item is a request for preliminary plat approval of River Ranch, Section H, a 6 lot, single family residential subdivision. This is the second and final phase of River Ranch Addition. The property is located west of Reins Road and south of Frio. Lot size will run from 1.69 acres to 2.75 acres. The property will be accessed by an extension of Llano Road, a 660' long cul-de-sac with a 60' wide right-of-way and a 20' wide concrete pavement. Meeker Municipal Water District will provide water service and each homeowner will be responsible for installing and maintaining their own approved wastewater disposal system. Mr. Richardson recommend approval subject to the following conditions: The proposed water line will need to be looped, Provide easements for the water line loop. 3 Planning Commission ,tune 16, 2008 Commissioner Reed made a motion to approve the Preliminary Plat of River Ranch, Section Two, located west of Reins Road and south of Frio as submitted, subj ect to the following conditions: The proposed water line will need to be looped, Provide easements for the water line loop. Commissioner Bodwin seconded the motion. Motion to approve carried 7:0. ROLL CALL JOINT PUBLIC HEARINGS Mayor Ames called the Joint Public Hearings of June 16; 2008 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 1949-P: Request for an amended specific use permit to allow a drinking place in a GC -MD (General Commercial Multiple Family Dwelling) District. Location: 4345 Eastex Freeway Applicant: Gradey Caldwell Mr. Richardson presented the staff report. This item was deferred for one month at the request of the applicant. The applicant, Gradey Caldwell, states in his application that the building will be used as a night club and for banquet hall rental. In March, 2002, a specific use permit for a drinking place was granted. Jerry Jones, the applicant for that specific use permit, was arrested in February, 2004 for operating a sexually oriented business without a license. In March, 2004, City Council revoked the original specific use permit. In March, 2006, City Council approved a specific use permit for a drinking place with Frederick Smith as the applicant. In May, W. Caldwell asked that the hearing be postponed for one month due to the alleged involvement of Jerry Jones and Latricia Garner in the operation of the new club. Both of these persons were involved with the previous club whose specific use permit was revoked. In response to that allegation, Mr. Caldwell has forwarded an e-mail stating that neither of these individuals will be employed or have any other association with the operation, property management or related functions of the facility. 4 Planning Commission June 16.2009 Mr. Richardson recommended approval subject to the following conditions: Limit the occupancy to a maximum of 249 persons or obtain approval of a special exception to the parking requirements from the Zoning Board of Adjustment. No adult entertainment will be permitted. The only detached owner identification sign permitted will be that provided on the Aaron's reader board. That signage shall be non -flashing. Five notices were mailed to property owners within 200 feet of the subj ect property. 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 comments. Gradey Caldwell, the applicant, addressed the Commission and answered questions. Chairman Makin asked for continents in favor or in opposition. Jay Richards, General Manager for Kinsel Toyota, spoke in opposition to the request. Kinsel Toyota will have inventory directly next to the subj ect location and feels that they would have a security issue and added that there is not enough parking space to accommodate 249 persons. Rebuttal by Mr. Caldwell. Mr. Caldwell addressed the parking issue and assured the Commission that there was adequate parking. The public hearing was closed. Commissioner Reed made a motion to deny an amended specific use permit to allow a drinking place in a GC -MD District at 4345 Eastex Freeway as requested in File 1949-P, Commissioner Moor seconded the motion. Motion to deny carried 4:3 (Senigaur, Kyles, Makin). 2) File 1950-P: Request for a specific use permit to allow a medical office in a GC- MD-2 (General Commercial -Multiple Family Dwelling-2) District. Location: Northeast corner of Folsom Drive and Pointe' Parkway Applicant: Camidyn Real Estate Mr. Richardson presented the staff report. Leap Engineering states that the proposed medical office will consist of a single story 25,400 sq. ft. building and related parking. Driveway entrances will be limited to Pointe' Parkway. Sidewalks will be built along the two street frontages. Planning Commission June 16, 2008 Mr. Richardson recommended approval of the request, subject to the following conditions: • A G wide landscape strip is required along the Folsom and Pointe' Parkway frontages of the parking lot; • Landscape islands, peninsulas or medians shall be provided for every 10 parking spaces; • Provide an WWI wood screening fence along the north end of the subject property; and with a waiver of the 10' wide landscape strip along the north end of the property. Eighteen notices were mailed to property owners within 200 feet. No comments 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. Amalia Villarreal, the applicant, addressed the Commission. Chairman Makin asked for comments in favor or in opposition. No comments were made. The public hearing was closed. Commissioner Nejad made a motion to approve a request for a specific use permit to allow a medical office in a GC-MD-2 District at the northeast corner of Folsom Drive and Pointe' Parkway as requested in File 1950-P, subject to the following conditions: • A 6' wide landscape strip is required along the Folsom and Pointe' Parkway frontages of the parking lot; • Landscape islands, peninsulas or medians shall be provided for every 10 parking spaces; • Provide an 8' tall wood screening fence along the north end of the subject property; and with a waiver of the 10' wide landscape strip along the north end of the property. Commissioner Bodwin seconded the motion. Motion to approve carried 7:0. 0 Planning Commission June 16,2008 3) File 1951-P: Request for a specific use permit to allow professional offices in an RCR (Residential Conservation and Revitalization) District. Location: 425 N. 4'h Street Applicant; David and Martha Kapparis Mr. Richardson presented the staff report. David and Martha Kapparis would like to relocate Ms. Kapparis' insurance office to the existing office building on the subj ect property. The only change they are planning to the exterior of the building is to possibly integrate a second entrance to allow them the opportunity to lease out approximately 700 sq. ft. to some type of compatible office use. Mr. Richardson recommended approval of the request. Twenty-four notices were mailed to property owners within 200 feet. Two 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 Kapparis, the applicant, addressed the Commission. Chairman Makin asked for comments in favor or in opposition. No comments were made. The public hearing was closed. Commissioner Reed made a motion to approve a request for a specific use permit to allow professional offices in an RCR (Residential Conservation and Revitalization) District at 425 N. 4' Street as requested in File 1951-P. Commissioner Kyles seconded the motion. Motion to approve carried 7:0. 4) File 1952-Z: Request for a zone change from RS (Residential Single Family Dwelling) District to RM-H (Residential Multiple .Family Dwelling -Highest Density) District. Location: 2990 S. Major Drive Applicant: Vera Bagneris Mr. Richardson presented the staff report. Vera Bagneris states that she is in the process of purchasing this property to allow for a small assisted living facility for the elderly in an existing residential structure. Maximum capacity would be 6 residents. The property is presently occupied by a residential structure approximately 3,220 sq. ft. in area. Upon inspection of the property, it appears that in the past, the rear of the house was used for commercial purposes. The door is labeled "office" and side and rear yards are paved for parking. VA Planning Commission June 16, 2008 In May, 2006, City Council approved a zone change to RM-H for 8.23 acres approximately 1,000 feet south of the subject property and then in June, 2006, a specific use permit for an insurance office was approved at 3336 S. Major. Across Major is RM-H zoning. Mr. Richardson recommended approval of the request. Eleven notices were mailed to property owners within 200 feet. Two responses in opposition and none in favor were returned. ChaimmnMakin opened the public hearing and asked for the applicant's comments. Vera Bagneris, the applicant, addressed the Commission. Chairman Makin asked for comments in favor or in opposition. No corrunents were made. The public hearing was closed. Commissioner Reed made a motion to approve a zone change from RS (Residential Single Family Dwelling) District to RM-H (Residential Multiple. Family Dwelling= Highest Density) District at 2990 S. Major Drive as requested in File 1952-Z. Commissioner Senigaur seconded the motion. Motion to approve carried 7:0. 5) File 730-OB: Request for a disannexation of property from the City of Beaumont. Location: 200' of Fulton Ave., east of Sycamore, 1545 Fulton, 2315 Carroll, a 20' x 50' portion of an alley in Block 14, Oakwood Addition and a tract conveyed to ExxonMobil as recorded in Jefferson County Clerks File No. 2006009987, a 0.1076 acre portion of Burt St., east of Sycamore, Tagore St., east of Carroll, and portions of Grove and Burt Streets, Tracts 1-4 and 7 conveyed to ExxonMobil as recorded in Jefferson County Clerks File No. 2006019380, Tracts 5-6 conveyed to ExxonMobil -as recorded in Jefferson County Clerks File No. 2006019380, Grant St., between Carroll and Grove and Buford St., east of Carroll Applicant: Fittz & Shipman, Inc. This request is to deannex approximately 7 acres ofproperty in the Charlton -Pollard area of the City of Beaumont. ExxonMobil states that this deannexation will complete the work referenced in the 2002 Agreement between the City and ExxonMobil. In combination with. the 2003 deannexation, this request request will enable the company to create a secure perimeter at Sycamore and Carroll Streets. Mr. Richardson recommended approval. ChairmanMakin opened the public hearing and asked for the applicant's comments. Planning Commission June 16, 2008 Rodney Barnwell with ExxonMobil Corporation addressed the Commission. (Commissioner Bodwin abstained from File 730-OB.) Chairman Makin asked for comments in favor or in opposition. No comments were made. The public hearing was closed. Commissioner Moor made a motion to approve a request for a disannexation of property from the City of Beaumont. Location: 200' of Fulton Ave., east of Sycamore, 1545 Fulton, 2315 Carroll, a 20' x 50' portion of an alley in Block 14, Oakwood Addition. and a tract conveyed to ExxonMobil as recorded in Jefferson County Clerks File No. 2006009987, a 0.1076 acre portion of Burt St., east of Sycamore, Tagore St., east of Carroll, and portions of Grove and Burt Streets, Tracts 1-4 and 7 conveyed to ExxonMobil as recorded in Jefferson County Clerks File No. 2006019380, Tracts 5-6 conveyed to ExxonMobil as recorded in Jefferson County Clerks File No. 2006019380, Grant St., between Carroll and Grove .and Buford St., east of Carroll as requested in File 730-OB. Commissioner Kylos . seconded the motion. Motion to approve carried 6:0:1 (Bodwin). THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED AT4:15P.M. E