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HomeMy WebLinkAbout11-17-08 PC MinutesMINUTES REGULAR MEETING AND JOINT PUBLIC HEARINGS PLANNING COMMISSION AND CITY COUNCIL City Council Chambers November 17, 2008 A Regular Meeting and Joint Public Hearings of the Planning Commission and City Council were held on November 17, 2008 with the following members present: Commission members present: Chairman Lynda Kay Makin Vice Chairman Patrick Gibbs Commissioner Sina Nejad Commissioner Marty Craig Commissioner Walter Kyles Commissioner Greg Dykernan Commissioner Chris Reed Commissioner Eddie Senigaur Commission members absent: Commissioner Glenn Bodwin Commissioner Ted Moor Alternate Commissioner Steven Johnson Alternate Commissioner Randall Collins COuncilmembers present: Mayor Becky Ames Mayor Pro-Tem Audwin Samuel Councilmember-at-Large W. L. Pate Councilmember-at-Large Gethrel Williams -Wright Councilmember Nancy Beaulieu Councilmembers absent: Councilmember Alan Coleman Councilmember Jamie Smith Also present: Stephen Richardson, Planning Manager; Jill Cole, Recording Secretary; Adina Ward, Planner; Chris Boone, Community Development Director; Torn Warner, Public Works Director; Kyle Hayes, City Manager APPROVAL OF THE MINUTES Vice -Chairman Gibbs made a motion to approve the minutes of the Regular Meeting and Joint Public Hearings held October 20, 2008. Comunissioner Senigaur seconded the motion. Motion to approve carried 8:0. Planning Commission November 17, 2008 REGULAR MEETING l) Replat - Lots 4A-4B Unit C Tygell Park Addition: Consider a Replat of a 2.35 acre tract out of Lot 4, Unit C, Tyrrell Park Addition into Lots 4A-4B, Unit C, Tyrrell Park Addition. Location: 5175 and 5185 Phelps Road Applicant: Faust Engineering and Surveying, Inc. Mr. Richardson presented the staff report. Faust Engineering has applied for the replat that will create two lots that both exceed one acre in size. A house sits on the proposed Lot 4A. This item was sent to all interested parties. No negative responses were received. Mr. Richardson recommended approval subject to ,the following condition: Correct the acreage in the title block. Nine notices were mailed to property owners within 200 feet and within the same subdivision. No responses in favor or in opposition were returned, Chairman Makin opened the public hearing and asked for comments. Richard Faust, Faust Engineering & Surveying, Inc„ 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 the Replat of Lots 4A-4B, Unit C, Tyrrell Park Addition as requested subject to the correction of the acreage in the title block. Commissioner Nejad seconded the motion. Motion to approve carried 8:0. 2) File 739-OB: Consider a request for the abandonment of a 20' alley. Location: Block 11, Van Wormer Addition Applicant: Mark Whiteley & Associates, Inc. Mr. Richardson presented the staff report. The subject request is for the abandonment of a 20' wide alley in Block 11 of the Van Wormer Addition. The Diocese of Beaumont owns all of the property within BIock 11. The Diocese is in the design phase of developing a new chancery within this block. This item was sent to all interested parties. No negative responses were received. 01 Planning Commission November 17, 2008 Mr. Richardson recommended approval of the request. Chairman Makin asked for the applicant's comments. Tom Rowe with Mark Whiteley & Associates. addressed the Commission. Commissioner Kyles made a motion to approve a request for the abandonment of the 20' alley in Block 11, Van Wormer Addition as requested in File 739-0B. Commissioner Craig seconded the motion. Motion to approve carried 9:0. ROLL CALL JOINT PUBLIC BEARINGS Mayor Ames called the Joint Public Hearings of November 17, 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. Mr. Richardson stated that he would present Files 1965-Z and 735-OB together. 1) File 1965-Z: Request for a zone change from RM-H (Residential Multiple Family Dwelling -Highest Density) to RS (Residential Single Family Dwelling) District, from RCR (Residential Conservation andRevitalization) District to RS (Residential Single Family Dwelling) District and from RCR (Residential Conservation and Revitalization) District to RCR-H (Residential Conservation and Revitalization-H) District. Location: 2200 blk of Gladys, 2100-2200 blks of Evalon, 2000 blk (odd) of Ashley, 2100-2200 blks of Ashley, 2000-2100 blks (even) of Long, 2200 blk o£Long, 1700 blk (odd) of North, 1800-2600 blks of North, 1700-2600 blks of McFaddin, 1700- 2500 blks of 13roadway,1700 blk of Liberty,1800 blk (even) of Liberty, 1900-2500 blks of Liberty, 2000-2600 blks of Laurel Applicant: City of Beaumont Planning Division 2) File 735-OB: Request for an amendment to Chapter 30, City of Beaumont Zoning Ordinance to create regulations for the RCR-H (Residential Conservation and Revitalization-H) District. Applicant: City of Beaumont Planning Division Mr. Richardson presented the staff report. The Old Town Neighborhood extends from ]H-10 to Smart and from Pt Street to 11'e Street. From January, 2000 to June, 2008, there were requests for 50 specific use permits within the subj ect area. As the demand for business locations within Old Town grows, so has the concern that the residential character of the area is being lost. Planning Commission November 17, 2008 With renewed interest in returning the neighborhood to residential, the City has undertaken a number of steps to protect and encourage Old Town as a desirable neighborhood. In addition to dedicating a code enforcement person to the area, educating the general public about the Oaks Historic District and proposing several important infrastructure improvements in the area, the City initiated a zoning study to better protect the area.. More and more residents are requesting that areas be rezoned for single family uses, as many of the commercial uses proposed in the past few years have been incompatible. A five member committee was formed to discuss and recommend possible changes. The committee made recommendations on zoning changes and how permitted uses in the RCR might be altered to reflect the particular needs and desires of Old Town residents. RM-H and RCR Districts permit commercial uses with specific use permits. Commercial encroachment is what is causing grief for many residents. What it takes to convert a single famil y structure to commercial often makes the house less desirable for any future conversion back to single family. For properties where there are already commercial or multi -family uses, those uses will be grandfathered, As long as they are not vacant for more than a year, their legal nonconforming status will continue. The proposed zoning changes include an area that is currently zoned RM-H and is located .between I" to the middle of the block south of Long and from 6'h to 7ie Streets. The described area would be rezoned to RS. Two areas that are currently zoned RCR and are located between I" and Long and from 4'b to 6' and between Hazel to the middle of the block south of Hazel and from 3' to 7' would be rezoned to RS zoning. In addition, the RCR District was looked at as to what sort of uses should be permitted. What is recommended is that an RCR-H District be created for the Old Town area with uses particular to Old Town. The remaining RCR zoning is recommended to be changed to RCR-H. In the RCR-H District, many office -type uses would be allowed. Retail uses that are now allowed in the RCR District would not be permitted in the RCR-H. The reasoning behind this recommendation centers around the idea that retail uses generate more traffic than office uses and would be better directed towards Calder where there is GC -MD zoning and- ample retail space. A recent windshield survey identified ten retail establishments located within residential areas of Old Town. 1398 notices were mailed to property owners in the area and within 200 feet. Eight responses in favor and nine in opposition were returned. 4 Planning Commission November 17, 2008 Chairman Makin opened the public hearing and asked for comments in favor or in opposition. William McCullough, owner of Broadway Oaks Apartments, located at 2385 and 2395 Broadway, addressed the Commission. Mr. McCullough had questions regarding the grandfathering of properties and structures. Stella LaPoint, 2260 Evalon, addressed the Commission in opposition to the rezoning. Dale Hallmark, 2223 North Street, addressed the Commission with concerns to enforcement if the proposed request is approved. Wayne Ingwersen addressed the Commission. Mr. Ingwersen owns a business at 2325 Calder and lives at 2501 Broadway, Tim Baker, owner of Baker Auto Repair at 2310 Calder, addressed the Commission in opposition to the request. Keith Broussard addressed the Commission in opposition to the request. Mr, Broussard owns several properties in the Oaks Historic District. Elsa. Boudreau, 2191 Broadway, addressed the Conunission regarding the grandfathering of properties. Lee Johnson, 575 7te Street, addressed the Commission in opposition to the request. Mr. Johnson owns several properties in the Oaks District. Carey Hoffer, 2615 Gladys, addressed the Commission. Patricia LeDe, 2275 Hazel, addressed the Commission in opposition to the request. Mark Jacobson, 775 and Street, addressed the Commission in opposition to the request. Charles Weinbaum, 675 Wade Street, addressedthe Commissioriinreference to the proposed zone change. Bryan Lee, 797 N. 5's Street, addressed the Commission in reference to the request. Chairman Makin closed the public hearing. Mr. Richardson made a rebuttal to the various objections raised by the opponents to this request. 5 Planning Commission November 17, 2008 Discussion between the Commission, City Council and Mr. Richardson followed. Commissioner Senigaur made a motion to table the zone change as proposed in File 1965-Z and the ordinance amendment as proposed in File 735-OB. The motion failed for lack of a second. Commissioner Reed made a motion to approve the zone changes from RM-H and RCR District to RS District as proposed in File 1965-Z, but not the change from RCR to RCR-H District, The motion failed for lack of a second. Commissioner Craig made a motion to approve a zone change from RM-H to RS, from RCR to RS and from RCR to RCR-H District as requested in File 1965-Z Commissioner Nejad seconded the motion. The vote on the motion to approve was 4:4. Commissioner Reed made a motion to approve an amendment to Chapter 30, City of Beaumont Zoning Ordinance to create regulations for the RCR-H (Residentia) Conservation and Revitalization-H) District. as requested in File 735-OB with the exception that SIC 5812 (eating places) be allowed in the RCR-H District with a specific use permit. Commissioner Craig seconded the motion. Motion to approve carried 5:3. 3) File 1966-P: Request for a specific use permit to allow a church in an RM-H (Residential Multiple Family Dwelling -Highest Density) and an NC (Neighborhood Commercial) District. Location: 1360 N. 7' Street Applicant: Word of God Christian Church Mr. Richardson presented the staff report. Pastor E.S. Johnson of the Word of God Christian Church would like to continue an existing ministry in a facility that it intends to purchase. The previous owner and use of the property was a civil engineering practice. The church holds two weekly services on Sunday morning and on Wednesday evening. A bi-weekly service is held every other Friday evening. Average attendance for the Sunday morning service is 15-20 people. Mr. Richardson recommended approval of the request. Twenty-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. 2 Planning Commission November 17, 2008 Pastor E. S. Johnson addressed the Commission. 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 a specific use permit to allow a church in an RM-H and NC District at 1360 N. 7'b Street as requested in File 1966- P. Commissioner Craig seconded the motion. Motion to approve carried 8:0. 4) File 1967-P: Request for a specific use permit to allow a boarding kennel in a GC - MD (General Commercial -Multiple Family Dwelling) District. Location: 10925 Eastex Freeway Applicant: Kristi Sarber and Becka Griffin Mr. Richardson presented the staff report. Kristi Sarber and Becka Griffin, owners of PIanet Canine; would like to open a boarding kennel business that -would include dog daycare, overnight stays, grooming and obedience training. The applicants state that adequate measures will be taken to ensure that odors and noise are held to a minimum. Staff will be present both during the day and during overnight stays to deal with any problems that might arise. Eventually a retail component might be added to sell pet supplies. The proposed business will be located in an existing 4,950 sq. fit. building with a fenced area at the rear of the building for outside activities. Mr. Richardson recommended approval subject to the following condition: -A G tall wood privacy fence shall be constructed around the dog run on the north, south and west sides. Seven notices were mailed to property owners within 200 feet of the subject property. Slides of the subject property were shown. Chairman Makin opened the public hearing and asked for the applicant's comments. Kristi Sarber, the applicant, addressed the Commission and answered questions regarding noise. . Chairman Makin asked for comments in favor or in opposition. Tammy Linscomb, 1 Acadiana Court, addressed the Commission in favor of the request. 7 Planning Commission November 17,2008 Chairman Makin closed the public hearing. Further discussion followed between the Commission, Council and staff. Commissioner Reed made a motion to approve a specific use permit to allow a boarding kennel in a GC -MD District at 10925 Eastex Freeway as requested in File 1967-P subject to the following condition: A 6' (all wood privacy fence shall be constructed around the dog run on the north, south and west sides. Commissioner Craig seconded the motion. Motion 'to approve carried 8:0 5) File 1968-P: Request for a specific use permit to allow an accounting, taxes and insurance business office in an RCR (Residential Conservation and Revitalization) District. Location: 1346 McFaddin Applicant: Mary Balque Mr. Richardson presented the staff report. The applicant, Mary Balque, stated that normal business hours will be between 8:30 a.m. and 5`:30 p.m., Monday - Friday. There will be very little walk-in traffic since most of the business is completed by phone and computer. The building was initially built for use as a dentist office and its most recent use was commercial. Mr. Richardson recommended approval of the request. Thirty 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. Mary Balque, the applicant, addressed the Commission. Chairman Makin asked for comments in favor or in opposition. Bruce Hoffer, 2615 Gladys, addressed the Commission in favor of the request. The public hearing was closed. Commissioner Craig made a motion to approve a specific use permit to allow an accounting, taxes and insurance business office in an RCR District at 2346 McFaddin as requested in. File 1968-P. Commissioner Senigaur seconded the motion, Motion to approve carried 8:0. Planning Commission November 17, 2008 6) File 1969-Z: Request for a zone change from GC -MD (General Commercial - Multiple Family Dwelling) District to RS (Residential Single Family Dwelling) District. Location: 2925 Roberts and the south side of Roberts Avenue, 165' west of Fourth Street Applicant: Terry Gray Mr. Richardson presented the staff report. Terry Gray and Georgia Gray Guillory have applied for a zone change. Mr. Gray states that he has resided at 2925 Roberts his entire life. He bought the lot to the east with the intention to construct a new house on that lot. He will move into that house and then rehabilitate the house at 2925 Roberts. Mr. Richardson recommended approval of the request. Nineteen notices were mailed V, property owners within 200 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. Terry Gray, 2925 Roberts, addressed the Commission. 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 a zone change from GC -MD District to RS District at 2925 Roberts and the south side of Roberts Avenue, 165' west of Fourth Street as requested in File 1969-Z. Commissioner Craig seconded the motion. Motion to approve carried 8:0. 7) File 736-OD: Request for an amendment to the Major -Street and Highway Plan, Applicant: City of Beaumont Planning Division Mr. Richardson presented the staff report. A review of the Major Street and Highway Plan was conducted for that area generally south of Washington Boulevard and Cardinal_Drive. The purpose of this review was to see how recent development and approved plans in the area would impact the implementation of the Plan and to determine how the plan would affect or could be amended to aid in the development of the proposed BISD Athletic Complex located between Highway 124 and IH-10. That review resulted in some recommended changes to the Plan and are identified and described on two maps and a table of additions and deletions. 0 Planning Commission November 17, 2008 Mr. Richardson asked Bill Dupree, Senior Planner, to present the proposed major changes. Chairman Makin opened the public hearing and asked for comments in favor or in opposition. Melody Chappell, attorney for Beaumont Independent School District, addressed the Commission in favor of the request. Chairman Makin closed the public hearing. Conunissioner Kyles made a motion to approve the amendments to the Maj or Street and Highway Plan as requested in File 736-OB. Commissioner Senigaur seconded the motion. Motion to approve carried 8:0. OTHER BUSINESS THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED AT5:10P.M. 10