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HomeMy WebLinkAbout10-20-08 PC MinutesMINUTES REGULAR MEETING AND JOINT PUBLIC HEARINGS PLANNING COMMISSION AND CITY COUNCIL City Council Chambers October 20, 2008 A Regular Meeting and Joint Public Hearings of the Planning Commission and City Council were held on October 20, 2008 with the following members present: Commission members present: Chairman Lynda Kay Makin Commissioner Glenn Bodwin Commissioner Marty Craig Commissioner Ted Moor Commissioner Chris Reed Commission members absent: Vice Chairman Patrick Gibbs Commissioner Sina Nejad Commissioner Greg Dykeman Commissioner Walter Kyles Alternate Commissioner Steven Johnson Alternate Commissioner Randall Collins Commissioner Eddie Senigaur Councilmembers present: Mayor Pro -Tern Audwin Samuel Councilmember-at-Large W. L. Pate Councilmember-at-Large Gethrel Williams -Wright Councilmember Alan Coleman Councilmember Nancy Beaulieu Councilmembers absent: Mayor Becky Ames Councilmember Jamie Smith Also present: Stephen Richardson, Planning Manager; Jill Cole, Recording Secretary; Adina Ward, Planner; Tyrone Cooper, City Attorney; Kyle Hayes, City Manager APPROVAL OF TBE MINUTES Commissioner Reed made a motion to approve the minutes of the Regular Meeting and Joint Public Hearings held August 18, 2008 and the Special Meeting held October 9, 2008. Commissioner Bodwin seconded the motion. Motion to approve carried 5:0. Planning Commission October 20, 2008 REGULAR MEETING 1) Replat - Lots 1 A-1B and 2A-2B, Block 2, King Weber Addition: Consider a Replat of Lots 1-2, Block 2, Weber King Addition into Lots IA-IB and 2A-2B, Block 2, Weber King Addition. Location: 3305-3325 Lorilee Applicant: Habitat for Humanity Mr. Richardson presented the staff report. Habitat for Humanity, the applicant, proposes subdividing the original two lots into four so that it can build four homes for working class families. The Zoning Ordinances requires a minimum lot size of 50'xl 50'. The lots are 49.99' x 105.63'. The lots exceed the minimum lot area requirement. Mr. Richardson recommended approval with a variance to the minimum lot width requirement. Sixteen notices were mailed to property owners with 200 feet in the same subdivision. One response in favor and none in opposition were returned. Chairman Makin opened the public hearing and asked for comments. Jerry Bennett, 5210 Bigner Road, addressed the Commission. Mr. Bennett's property is directly across the street from the proposed replat and he expressed concerns on the condition of the street. 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 1-2, Block 2, Weber King Addition into Lots IA-lB and 2A-2B, Block 2, Weber King Addition at 3305-3325 Lorilee Street with a variance to the minimum lot width requirement. Commissioner Bodwin seconded the motion. Motion to approve carried 5:0. 2) File 734-OB: Consider a request for the abandonment of a portion of Chinn Lane. Location: Between Major and Walker Applicant: Capital One, N.A. Mr. Richardson presented the staff report. Capital One, agent for Rosedale Ventures, has applied for an abandonment of that portion of Chinn Lane between Major and Walker. Chinn Lane, east of Walker, is an improved street. In 1981, the City accepted the subject right-of-way for the purpose of extending Chinn to Major. This portion of Chinn was never improved and the City has no intention of constructing the street. P), Planning Commission Qclober 20, 2008 Therefore, the property owners on either side of the subject property have requested the right-of-way to be abandoned. This item was sent to all interested parties. Water Utilities has two 12" sanitary sewer force mains in the right-of-way. They conditioned approval subject to the following conditions: U Retain an exclusive 20' sanitary sewer easement (Water Utilities) 4 The easement will need to be prepared, signed and sealed by a State of Texas Registered Professional Land Surveyor.(Water Utilities) O No structures or appurtenances shall be placed within the easement property. (Water Utilities) U Water Utilities will not be responsible for any surface restoration if any sanitary sewer main repairs are necessary. (Water Utilities) Mr. Richardson recommended approval subject to the four conditions. Chairman Makin opened the public hearing and asked far the applicant's comments. Ellen Rienstra, the applicant, addressed the Commission. Mrs. Rienstra stated that 17 years ago, the Walker family, deeded the property to the City and because the City is not going to use the property, they have the potential for a wonderful project with a church and they are requesting that the property be abandoned back to the family. Chairman Makin asked for comments in favor or in opposition. Pastor Gary Cantue, 4150 Crow Road, addressed the Commission. He is representing the church that wants to purchase the property to build a church. Commissioner Reed made a motion to approve a request for the abandonment of a portion of Chinn Lane between Major Drive and Walker as requested in File 734- OB, subject to the following conditions: Retain an exclusive 20' sanitary sewer easement. The easement will need to be prepared, signed and sealed by a State of Texas Registered Professional Land Surveyor. U No structures or, appurtenances shall be placed within the easement property. Water Utilities will not be responsible for any surface restoration if any sanitary sewer main repairs are necessary. Commissioner Craig seconded the motion. Motion to approve carried 5:0. 3 Planning Commission October 20, 2008 3) File 738-OB: Request for the abandonment of a utility casement. Location: 1550 IH-10 E. Applicant: Montgomery & Associates, hic. Mr. Richardson presented the staff report. The subject property is the site of the former Burger King restaurant. Jack in the Box is leasing the site and will redevelop the site. Jack in the Box intends to redevelop the site with improvements overlaying the platted easement. The request was sent to all interested parties. No negative comments were received. Mr. Richardson recommended approval of the request. Commissioner Craig made a motion to approve the abandonment of a utility easement at 1550 IH-10 E. as requested in File 738-OB. Commissioner Reed seconded the motion. Motion to approve carried 5:0. ROLL CALL JOINT PUBLIC HEARINGS Mayor Pro-Tem Samuel called the Joint Public Hearings of October 20, 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 1691-P: Request for the revocation of a specific use permit to allow a church in an RS (Residential Single Family Dwelling) District. Location: 1500 block of Montrose Applicant: City of Beaumont Planning Division Mr. Richardson presented the staff report. The subject property is located at 1575 Montrose. On November 11, 2003, Reverend Harmon Dent applied for and received a specific use permit to build the church. The specific use permit was approved subject to the following conditions: As per parking calculations, seating capacity shall not exceed 312 seats. Drainage plans shall be submitted to and approved by the City Engineer. In addition to those conditions, the construction drawings were approved with conditions. Many of those requirements have not been met. More specifically: 4 Planning Commission Oclober 20, 2008 • The parking lot is paved with asphalt. • The parking lots are 54' wide and 125' in length. The width and length do not adequately provide for two rows of 18' deep parking stalls and a 24' wide driveway nor adequate room for the number of parking spaces shown on the construction plans. • Landscaping along the parking lot frontage is not installed. • The driveway widths shall not exceed 35'. The left drive is 45' wide and the right drive is 40'. The driveway was revised and installed with no approvals by the City. A minimum 10' radius for the driveways has not been met. • There are no handicap parking spaces and no handicap ramp. • The 10' wide landscape strips along the north and east sides have not been installed. • The specific use permit show 78 parking spaces. The construction drawings show 59 parking spaces. One of the complaints from neighbors is that adequate parking has not been provided to meet the needs of the church. On a number of occasions, cars have parked along Montrose, thereby creating traffic hazards. Mr. Richardson recommended that all requirements be met as of January 1, 2009. If that is not accomplished, then he recommended that the church's specific use permit be revoked and the church would need to reapply. Twenty 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. Reverend Dent addressed the Commission. Discussion followed between Reverend Dent and the Commission regarding drainage, landscaping and parking. Chairman Makin asked for comments in favor or in opposition. Patrick Donart, 1550 Montrose, addressed the Commission. Mr. Donart expressed concerns regarding drainage and parking. Tawana Cadien, 1350 Westmeadow Drive, addressed the Commission in favor of the church. Gary Cantue, 4150 Crow Road, addressed the Commission in reference to parking. The public hearing was closed. 5 Planning Commission October 20, 2008 Rebuttal by Pastor Dent. Commissioner Reed made a motion to table the revocation of a specific use permit to allow a church in an RS District at 1575 Montrose as requested in File 1691-P with the understanding that the church will submit a new plan based upon the actual church building that complies with the appropriate City codes. Commissioner Bodwin seconded the motion. Motion to table carried 5:0. 2) File 1959-P: Request for a specific use permit to allow a tattoo parlor in the CBD (Central Business District). Location: 665 Orleans Applicant: Calvary Enterprises dba Divine Ink Gallery Mr. Richardson presented the staff report. On June 9, 2008, Jason and Andrea Boever, owners of Divine Ink Gallery, applied for a certificate of occupancy to allow the operation of a tattoo shop and beauty salon and spa at the site of a former beauty school. The certificate of occupancy was approved for the beauty salon only. Mr. Richardson told the Boevers that a tattoo shop that applied body art would require a specific use permit. On July 22, the Boevers were notified by certified mail that the City had conducted an investigation and found that a tattoo shop was illegally operating at 665 Orleans, Advertising for the business states that custom tattooing is one of the services provided. Despite their agreement to not offer tattoos at the time of the application the to the City and warnings from the City's Zoning Inspector, the operators continued to sell tattoos and advertise extensively for such a service. Application for the specific use permit for the tattoo shop was submitted on August 1. Mr. Richardson recommended denial of the request. Fifteen notices were mailed to property owners within 200 feet. Two responses in favor and one in opposition were returned. Slides of the subject property were shown. Chairman Makin opened the public hearing and asked for comments. Richard Gilbert, owner of the property at 665 Orleans, addressed the Commission in favor of the request. Chairman Makin closed the public hearing. Commissioner Moor made a motion to deny a specific use permit to allow a tattoo parlor in the CBD (Central Business District) at 665 Orleans as requested in File 1959-P. Commissioner Craig seconded the motion. Motion to deny carried 4:1 (Bodwin). 2 Planning Commission October 20, 2008 3) File 1960-P: Request for a general land use plan and a specific use permit to allow retail and general office uses and apartments in the PUD (Planned Unit Development) District. Location: West side of N. Major between LNVA Canal and Perl Road Applicant: Global Ventures Inc./Leonard Kirtman Mr. Richardson presented the staff report. Leonard Kirtman, representing Global Ventures, Inc., states that approximately 34 acres with frontage on Major Drive will consist of retail, offices and a possible supermarket. Approximately 69 acres will be developed with 1,000 apartment units. 10-20 acres will be devoted to open space. Phase One will consist of the construction of 300 apartment units. This should take approximately two years to complete. The remaining apartment construction will be phased over the following four years. The construction of the commercial property should begin after the completion of Phase One of the apartments. Eighty notices were mailed to property owners within 200 feet. Four responses in opposition and two in favor were returned. Slides of the subject property were shown. Chairman Makin opened the public hearing and asked for the applicant's comments. Kerry Moncla,1420 Wellington Circle, addressed the Commission on behalf of Mr. Kirtman as his realtor. Chairman Makin asked for comments in favor or in opposition. Nancy Williams, 7615 Greenfield, addressed the Commission in opposition to the request. Ms. Williams lives in the mobile home addition off Major Drive. Don Rink, 7740 Perl Road, addressed the Commission in opposition to the request. Mark Ferrell, 7760 Perl Road, addressed the Commission in opposition to the request. Rebuttal by Mr. Moncla. Further discussion followed between the Commission, Council and staff. Commissioner Reed made a motion to deny a request for a general land use plan and a specific use permit to allow retail and general office uses and apartments in the PUD (Planned Unit Development) District on the west side of N. Major between LNVA Canal and Perl Road as requested in File 1960-P. Commissioner Moor 7 Planning Commission Oclober 20, 2008 seconded the motion. Motion to deny carried 3:2 (Makin, Craig). 4) File 1961-P: Request for a specific use permit to allow an attorney's office in the RCR (Residential Conservation and Revitalization) District. Location: 2325 Liberty Applicant: Suzanne Wohleb Mr. Richardson presented the staff report. Suzanne Wohleb and her husband will be renting the subject building for their law offices. Office hours will be from 8 a.m. to 5 p.m., Monday - Friday. This property originally received a specific use permit to allow a home health care business. Mr. Richardson recommended approval of the request. Twenty-two 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. Chairman Makin opened the public hearing and asked for the applicant's comments. Suzanne Wohleb, 465 Blanchette, 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 specific use permit to allow an attorney's office in an RCR District at 2325 Liberty as requested in File 1961-P. Commissioner Reed seconded the motion. Motion to approve carried 5:0. 5) File 1962-P: Request for a specific use permit to allow a cosmetic company in a GC -MD (General Commercial -Multiple Family Dwelling) District. Location: 75 N. Major Applicant: The Invisible Armor, Inc. Mr. Richardson presented the staff report. This item is a request for a specific use permit to allow a cosmetic company in the property that is the former location of an HEB Pantry store at 75 N. Major. Tammy Powell, CEO of The Invisible Armor, Inc., states that the almost 24,000 sq. ft. building will be used for the receiving, filling and shipping of cosmetic products, the company's corporate offices and office lease space. Product will be brought in, case packed in shippers, placed on pallets and shipped out. No manufacturing of products will occur on site. Mr. Richardson recommended approval of the request. Planning Commission October 20, 2008 l 1 Twelve notices were mailed to property owners within 200 feet. One response was returned questioning the noise and odor factors. Slides of the subject property were shown. Chairman Makin opened the public hearing and asked for the applicant's comments. Michelle Fontenot,1810 Rena, addressed the Commission on behalf of Ms. Powell. Chairman Makin asked for comments in favor or in opposition. Lyndal Harvey, 8590 Overhill, addressed the Commission in opposition to the request. Mrs. Harvey has concerns regarding noise, exhaust fumes, noise from shift changes, etc. Rebuttal by Ms. Fontenot. Commissioner Bodwin made a motion to approve a specific use permit to allow a cosmetic company in a GC -MD District at 75 N. Major as requested in File 1962-P. Commissioner Craig seconded the motion. Motion to approve carried 5:0. 6) File 1963-P: Request for a specific use permit to allow a drinking place (bar) in a j, GC -MD (General Commercial -Multiple Family Dwelling) District. ' Location: 3684-B College Street Applicant: R & W Inc. dba The Ticket Mr. Richardson presented the staff report. John Wilson states that the bar will be known as The Ticket Sports Bar and Club. It will operate between the hours of 4 p.m. and 2 a.m., Monday - Sunday. The operation will consist of a full service bar, an area for pool tables and dart boards. The subject property is the former location of the Gateway Theater. When that business closed, the building was subdivided and converted into other uses. Currently, a medical imaging firm is located in one-half of the building. Mr. Richardson recommended approval of the request. Twenty-one notices were mailed to property owners within 200 feet. One response in favor and three in opposition were returned. Slides of the subject property were shown. Chairman Makin opened the public hearing and asked for the applicant's comments. John T. Wilson, 945 Iris Lane, the applicant, addressed the Commission. Chairman Makin asked for comments in favor or in opposition. 0 Planning Commission October 20, 2008 Ricky Sadberry, 5615 Emily Lane, addressed the Commission in favor of the request. Mr. Sadberry is a business partner in The Ticket. Chairman Makin closed the public hearing. Commissioner Moor made a motion to approve a specific use permit to allow a drinking place (bar) in a GC -MD District at 3684-B College Street as requested in File 1963-P. Commissioner Craig seconded the motion. Motion to approve carried 5:0. 7) File 737-OB: Request for an amendment to Section 30, City of Beaumont Zoning Ordinance to allow temporary and permanent batching plants with a specific use permit in the LI (Light Industrial) District. Applicant: City of Beaumont Planning Division Mr. Richardson presented the staff report. It is a request for an amendment to the Zoning Ordinance to only allow temporary and permanent batching plans within the Light Industrial District with a specific use permit and within the Heavy Industrial District by right. Due to the environmental hazards that temporary and permanent batching plants can cause, the Community Development Department has requested that the Zoning Ordinance be amended to delete temporary batching plants from the A-R District and make it subject to a specific use permit in the LI District. I Mr. Richardson recommended approval. Chairman Makin opened the public hearing and asked for comments. No continents were made. The public hearing was closed. Commissioner Reed made a motion to approve a request for an amendment to Section 30, City of Beaumont Zoning Ordinance to allow temporary and permanent batching plants with a specific use permit in the LI (Light Industrial) District as requested in File 737-013. Commissioner Craig seconded the motion. Motion to approve carried 5:0. OTHER BUSINESS THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED AT4:56P.M. 10