Loading...
HomeMy WebLinkAbout10-16-06 PC MinutesMINUTES REGULAR MEETING AND JOINT PUBLIC HEARINGS PLANNING COMMISSION CITY COUNCIL October 16, 2006 City Council Chambers A Regular Meeting and Joint Public Hearings of the Planning Commission and City Council were held on October 16, 2006 with the following members present: Commission members present: Chairman Glenn Bodwin Vice Chairman Lynda Kay Makin Commissioner Dale Hallmark Commissioner Laurie Leister Commissioner Marty Craig Commissioner Walter Kyles Commissioner Ted Moor Alternate Commissioner Steven Johnson Commission members absent: Commissioner Sina Nejad Commissioner Greg Dykeman Alternate Commissioner Randall Collins Councilmembers present: Mayor Pro -Tern Nancy Beaulieu Councilmernber-at-Large Becky Ames Councilmember Lulu Smith Councilmernber Audwin Samuel Councilmembers absent: Mayor Guy Goodson Councilmember-at-Large Andrew Cokinos Councilmember Bobbie Patterson Also present: Stephen Richardson, Planning Manager; Jill Cole, Recording Secretary; Adina Abshire, Planner; Tyrone Cooper, City Attorney; Chris Boone, Development Services Manager; Tom Warner, Public Works Director; Kyle Hayes, City Manager APPROVAL OF THE NMNUTES Chairman Bodwin made corrections to pages 4 and 8 of the minutes of the Regular Meeting and Joint Public Hearings held September 18, 2006, Planning Commission October 16, 2006 Commissioner Craig made a motion to approve the minutes of the Regular Meeting and Joint Public Hearings held September 18, 2006 as corrected. Commissioner Makin seconded the motion. Motion to approve carried 8:0. Chairman Bodwin announced that Item 4 on the Joint Public Hearings, File 1850-Z, has been removed from the agenda and will not be discussed. REGULAR MEETING 1) Replat - Lots 1-29, Block 1, The Sanctuary: Request for the replat of Lot 2, Bell Pointe Addition into Lots 1-29, Block 1, The Sanctuary. Location: Bell Pointe (a private street) Applicant: Fittz & Shipman, Inc. Mr. Richardson presented the staff report. The Sanctuary will consist of 29 single family residential lots. The majority of the lots are 50' x 110'. Access to the property will be by Bell Pointe, a private street. The replat was sent to all interested parties. Engineering has recommended approval subject to the engineer providing additional hydraulic computations with the construction plan: Mr. Richardson recommended approval subject to the following two conditions listed in the staff report: Submit hydraulic grade line computations with the preliminary construction plans (Engineering). Hydraulic grade line shall not exceed top of curb (Engineering). Chairman Bodwin opened the public hearing and asked for the applicant's comments. Don King with Fittz & Shipman, Inc., the applicant, addressed the Commission. Chairman Bodwin 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 Lot 2, Bell Pointe Addition into Lots 1-29, Block 1, The Sanctuary subject to the following conditions: Submit hydraulic grade line computations with the preliminary construction plans (Engineering). Hydraulic grade line shall not exceed top of curb (Engineering). 7 Planning Commission October 16.2006 Commissioner Makin seconded the motion. Motion to approve carried 7:1(Moor), 2) File 699-OB: Request for the abandonment of a 20' x 300.3' portion of an alley in Block 1, South End Addition. Location: 3227 Highland Avenue Applicant: Christ Gospel Church of Beaumont Mr. Richardson presented the staff report. Christ Gospel Church is requesting this abandonment to accommodate its new building project at 3227 Highland. This request was sent to all interested parties. No negative responses were received. Mr. Richardson recommended approval of the request. Commissioner Leister made a motion to approve a request for the abandonment of a 20' x 300.3' portion of an alley in Block 1, South End Addition at 3227 Highland Avenue as requested in File 699-OB. Commissioner Kyles seconded the motion. Motion to approve carried 8:0. 3) File 700-OB: Request to abandon 10' of the 15' utility easement at the rear of Lot 6, Block 2, Regency Park. Location: 7510 Chelsea Place Applicant: Judy Hardy Mr. Richardson presented the staff report. The applicant, Judy Hardy, would like to construct a swimming pool in her backyard. The pool will encroach 6' into the easement. In addition, there is an additional encroachment by an existing carport and metal storage building. Mr. Richardson suggested that Ms. Hardy include an additional 4' in her request to remedy those encroachments as well. This request was sent to all interested parties. A reply was received from Entergy. They have facilities in the easement. They have denied the request for an abandonment of any of the easement. Therefore, Mr. Richardson recommended denial of the request. Chairman Bodwin asked for the applicant's comments. Judy Hardy, the applicant, addressed the Commission. Commissioner Craig made a motion to deny a request to abandon 10' of the 15' utility easement at the rear of Lot 6, Block 2, Regency Park at 7510 Chelsea Place as requested in File 700-OB. Commissioner Kyles seconded the motion, Motion to deny carried 8:0. 3 Planning Commission October f 6, 2006 4) File 701-OB: Request for the abandonment of the 2400 block of Douglas Street. Location: East of Campbell Street Applicant: St. Luke Missionary Baptist Church Mr. Richardson presented the staff report. St. Luke Missionary Baptist Church is requesting the street to provide a safer situation for church members and to provide room for church activities. The street dead ends into church property. The request was sent to all interested parties. There are water and sewer facilities in the right-of-way. Mr. Richardson recommended approval subj ect to the retention of a 30' wide general utility easement. Chairman Bodwin asked for the applicant's comments. The applicant was not present. Commissioner Leister made a motion to approve the abandonment of the 2400 block of Douglas Street, east of Campbell Street as requested in File 701-OB, subject to the retention of a 30' wide general utility easement. Commissioner Makin seconded the motion. Motion to approve carried 8:0. 5) File 702-OB: Request for the abandonment of a 20' wide alley in Block 40, Van Wormer Addition. Location: West of Orange Street and south of Reverend C. W. Daniels/Cedar Street Applicant: Mark Whiteley & Associates, Inc. Mr. Richardson presented the staff report. Mark Whiteley and Associates, Inc. is requesting the abandonment of a 20' x 141' portion of the alley. The request is being made to allow the owner of the adjacent properties to utilize it all as one. In 1989, the City abandoned the southwesterly half of the alley. This item was sent to all interested parties. No negative responses were received. Chairman Bodwin asked for the applicant's comments. No comments were made. Commissioner Leister made a motion to approve a request for the abandonment of a 20' wide alley in Block 40, Van Wormer Addition located west of Orange Street and south of Reverend C. W. Daniels/Cedar Street as requested in File 702-OB. Commissioner Craig seconded the motion. Motion to approve carried 8:0. JOINT PUBLIC HEARINGS Mayor Pro -Tern Beaulieu called the Joint Public Hearings of October 16, 2006 to order and explained the purpose of the joint hearing process and then turned the meeting over to Chairman Bodwin. He explained the policies and procedures for the hearing process. 4 Planning Commission October 16, 2006 Chairman Bodwin announced that Item 4 on the Joint Public Hearings, File 1850-Z, has been removed from the agenda and will not be discussed. 1) File 1839-Z: R equest for a zone change from RS (Residential S ingle Family Dwelling) District to NC (Neighborhood Commercial) District or more restrictive district. Location: 4205 Highland Applicant: Terry Richard III Mr. Richardson presented the staff report. The applicant, Terry Richard, is requesting the zone change to allow him to operate a clothing store, photocopy shop and tax return and financial services business. The South Park Neighborhood Plan designates the subject property for commercial uses. The request is in conformance with the Neighborhood Plan. Mr. Richardson recommended approval of the request. Twenty notices were mailed to property owners within 200 feet. Four responses in favor and none in opposition were returned. Slides of the subject property were shown. Chairman Bodwin opened the public hearing and asked for. the applicant's comments. Terry Richard, the applicant, addressed the Commission. Chairman Bodwin asked for continents in- favor or in opposition. No comments were made. The public hearing was closed. Commissioner Johnson made a motion to approve a zone change from RS (Residential Single Family Dwelling) District to NC (Neighborhood Commercial) District at 4205 Highland as requested in File 1839-Z. Commissioner Craig seconded the motion. Motion to approve carried 8:0. 2) File 1848-P: Request for an amended specific use permit to allow the deletion of the requirement for an 8' tall wood screening fence along the north property line. Location: 4148 Treadway Applicant: Tim Satre Mr. Richardson presented the staff report. The applicant, Tim Satre, received a specific use permit in 1998 to allow him to operate a financial advisor's office. At that time, fencing was required along a portion of the north property line. Planning Cornmission Oclober 16, 2006 The fence was blown down by Hurricane Rita. Mr. Satre states that he had consistent problems servicing and maintaining that side of his building. The fence was, in some spots, only 12" from his building. Mowing and servicing an existing sewer line was difficult with the fence in place. He states that in early 2007, it is his intention to demolish the existing structure and build a new office building. At that time, a new 8' tall wood privacy fence will be constructed to meet code. Mr Richardson recommended approval subject to the following condition: If construction of the new office building is not started by May 31, 2007, the fence, as required in the original SUP must be constructed. Ten notices were mailed to property owners within 200 fect of the subject property. One response in opposition and none in favor were returned. Slides of the subject property were shown. Chairman Bodwin opened the public hearing and asked for the applicant's comments. Tim Satre, the applicant, addressed the Commission. Discussion followed between the applicant, the Commission and staff. Chairman Bodwin asked for comments in favor or in opposition. James Williams, 4210 Treadway, addressed the Commission in opposition to the request. Chairman Bodwin closed the public hearing. Commissioner Hallmark made a motion to deny an amended specific use permit to allow the deletion of the requirement for an 8' tall wood screening fence along the north property line at 4148 Treadway as requested in File 1848-P. Commissioner Johnson seconded the motion. Motion to deny carried 6:2 (Leister, Moor). 3) File 1849-P: Request for a specific use permit to allow commercial retail facilities, a restaurant, condominiums and related parking lots in a GC-MD-2 (General Commercial -Multiple Family Dwelling-2) District. Location: 3600 block of Dowlen Road Applicant: Mark Whiteley & Associates, Inc. W. Richardson presented the staff report. In May, 2005 the City Council approved a zone change for the subject property. GC-MD-2 was put in place on the south 290' of the development. 6 Planning Commission October 16, 2006 Metropolitan Park will offer close to 30,000 sq. ft. of first floor retail space surrounding a village green. An additional 41,000 sq. ft. of officelretail will be available on the second story. Two, three and four bedroom condominiums ranging in size from 1,250 to 2,200 sq. ft. will be located between the retail and the single family residential. A fitness club, private pool and space will some of the amenities available to the condominium owners. The applicant is requesting a modification to the screening requirements along the south and west sides of the subject property. Extensive landscaping will be installed on those sides. The south side abuts Barrington Heights and the west side abuts proposed single family development. Mr. Richardson recommended approval subject to the construction of an 8' tall wood screening fence along the south and west sides the subject property. Twenty nine 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 Bodwin opened the public hearing and asked for the applicant's comments. Bryan Lee, the applicant, addressed the Conunission. Chairman Bodwin asked for comments in favor or in opposition. Frank Henderson, 6010 Barrington Avenue, addressed the Commission. He expressed concerns about the lighting. Sandra Richardson, 6006 Barrington Avenue, addressed the Commission and asked what specifically would be directly behind her, a parking lot or a building. Jeanne May, 6020 Barrington Avenue, addressed the Commission. Rebuttal by Mr. Lee. The public hearing was closed. Discussion followed between staff, the Commission and Mr. Lee followed. Tom Rowe of Mark Whiteley and Associates, Inc. addressed the Commission. Commissioner Leister made a motion to approve a specific use permit to allow commercial retail facilities, a restaurant, condominiums and related parking lots in 7 Planning Commission October 16, 2006 a GC-MD-2 District in the 3600 block of Dowlen Road as requested in File 1849-P subject to the following conditions: Require an 8' tall opaque fence along the south and west sides of the subject property. Require that all lighting in the development, both on the buildings and in the parking lots, be low wattage, shielded, directed downward and be placed as far away as possible from the southern property line. On the southernmost building, require the dumpster to be located on the north side of the building and be surrounded on three sides by cinder block. Commissioner Moor seconded the motion. Motion to approve carried 8:0. 4) File 1850-Z: Request for a zone change from RM-H (Residential Multiple Family Dwelling -Highest Density) District to RS (Residential Single Family Dwelling) District, RCR (Residential Conservation and Revitalization) District to RS (Residential Single Family Dwelling) District, GC -MD (General Commercial - Multiple Family Dwelling) District to RS (Residential Single Family Dwelling) District, GC -MD (General Commercial -Multiple Family Dwelling) District to RCR (Residential Conservation and Revitalization) District, HI (Heavy Industrial) District to GC -MD (General Commercial -Multiple Family Dwelling) District or more restrictive district. Location: 1700-2600 Blocks of Broadway, 1700-2600 Blocks of Liberty, 2000- 2600 Blocks of Laurel, 2000-2200 Blocks and 2500-2600 Blocks of South, 2000- 2200 Blocks of Pecos, 2000-2200 Blocks of Angelina, 2000-2200 Blocks of Rusk, 2200-2500 Blocks of Smart;1700-2600 Blocks of McFaddin,1700-2600 Blocks of North, 2200-2300 Blocks of Hazel, 2200 Block of Harrison, 2200 Block of Long, 2200-2300 Block of Ashley, 2200 Block of Evalon, 2200 Block of Gladys Applicant: City of Beaumont Planning Division Chairman Bodwin announced that this file had been removed from the agenda. 5) File 1851-P: Request for a specific use permit to allow a beauty shop in an RM-H (Residential Multiple Family Dwelling -Highest Density) District. Location: 1598 Orange Applicant: Toya Miller Mr. Richardson presented the staff report. The existing shop is located on the first floor of a two story building a the rear of the subject property. Toya Miller, the applicant, lives at this address. The shop has two chairs. Hours of operation are 9 a.m. - 8 p.m., Tuesday - Saturday. Ms. Miller states that she is the only full-time employee. However, she occasionally has a part-time person shampoo hair. The operation of the beauty shop was first reported to the Planning staff in July. Upon investigation, Ms. Miller was informed that a specific use permit was required. 8 Planning Commission October 16, 2006 This neighborhood is currently zoned RM-H. The subject property is located in an area that is, for the most part, single family residential is nature. There are a number of historic houses in the area. I am concerned that the introduction of commercial uses into this neighborhood may be detrimental to its stability. Mr. Richardson recommended denial of the request. Nineteen notices were mailed to property owners within 200 feet of the subject property. Three responses in favor and none in opposition were returned. Slides of the subject property were shown. Chairman Bodwin opened the public hearing and asked for the applicant's comments. Toya Miller, the applicant, addressed the Conunission and answered questions. Discussion followed between the Commission, Council, staff and the applicant. Chairman Bodwin asked for comments in favor or in opposition. Joseph Simpson, 2250 Lela Street, addressed the Commission in favor of the request. Mr. Simpson is the applicant's father. Alice Cardenas, 1533 Orange Street, addressed the Commission in favor of the request. Tony Coleman,1495 Avenue A, addressed the Commission in favor of the request. Mrs. Payne, 4300 Lakeshore, Port Arthur, addressed the Commission in favor of the request. Mrs. Payne is Mrs. Miller's sister. Wanda Kendall, 2525 Liberty, spoke in favor of the request. The public hearing was closed. Commissioner Hallmark made a motion to approve a specific use permit to allow a beauty shop in an RM-H District at 1598 Orange as requested in File 1851-P, subject to the following conditions and a modification to the landscaping and screening requirements (no 8' tall wood fence or a 10' wide landscape strip): Removal of the owner identification sign Provide the necessary parking with as little modification to the rear yard as possible No more than two chairs in the shop Z Planning Commission October 16, 2006 Commissioner Craig seconded the motion. Motion to approve carried 8:0. 6) File 1852-P: Request for a specific use permit for a real estate office in an RCR (Residential Conservation and Revitalization) District, Location: 2339 North Applicant: Deborah Terry Mr. Richardson presented the staff report. Ms. Terry states that she has been operating her office at 2339 North since 1992. She lives next door at 2349 North. Some of the required parking is located behind Ms. Terry's house at 2349 North. Normal hours of operation are Monday -Friday, 9 a.m. - 6 p.m. Ms. Terry states that she is the only full-time employee. However, she does have three independent contractors that do work out of her office. In August, City Council denied a specific use permit for a doctor's office at 2331 North. Mr. Richardson recommended denial of the request. Twenty-one notices were mailed to property owners within 200 feet of the subject property. No responses in favor or in opposition were returned. Slides of the subject property were shown. Chairman Bodwin opened the public hearing and asked for the applicant's comments. Deborah Terry, the applicant, addressed the Commission. Chairman Bodwin asked for comments in favor or in opposition. No comments were made. The public hearing was closed. Commissioner Hallmark made a motion to approve a specific use permit for a real estate office in an RCR District at 2339 North as requested in File 1852-P with a waiver to the fencing requirements and landscaping requirements. Commissioner Kyles seconded the motion. Motion to approve carried 8:0. 7) File 1853-P: Request for a specific use permit to allow a counseling office in an RCR (Residential Conservation and Revitalization) District. Location: 2659 McFaddin Applicant: Ella Mae Chisum Mr. Richardson presented the staff report. The applicant, Ella Mae Chisum, states that she currently offices across the street at 2628 McFaddin. She sees between 15 and 20 clients a week. She provides mental health counseling Monday -Friday. 10 Planning Commission October 16, 2006 The 2600 block of McFaddin is a mix of commercial and residential uses. Except for a small apartment complex and an insurance agency parking lot, the rest of the commercial uses fronting on McFaddin are located in single family residential structures that have been converted to commercial. The subject property has always been single family residential. Enough single family residential -type structures remain so that this block could easily be converted back to its original residential character. Mr. Richardson recommended denial of the request, Twenty-three 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 Bodwin opened the public hearing and asked for the applicant's comments. Ella Mae Chisum, the applicant, addressed the Commission. Chairman Bodwin asked for comments in favor or in opposition. Mitch Devil lier, the owner of the subject property, spoke in favor of the request. Rebecca Iles, 2667 McFaddin, addressed the Commission in opposition to the request. Harry Kilgore spoke in opposition to the request. Mr. Kilgore owns the property at 2663 McFaddin. Amy Guidroz addressed the Commission in opposition on behalf of Tamara Steinman. Mrs. Steinman lives at 2515 Long and was unable to attend the meeting. Wanda Kendall, 2525 Liberty, addressed the Commission. The public hearing was closed. Rebuttal by Ms. Chisum. Commissioner Hallmark made a motion to deny a specific use permit to allow a counseling office in an RCRDistrict at 2659 McFaddin as requested in File 1853-P. Commissioner Johnson seconded the motion. Motion to deny carried 7: 1 (Leister). 11 Planning Commission October 16, 2006 8) File 703-OB: Request for amendments to the Code of Ordinances, Chapter 27, Trailers and Trailer Parks to amend development regulations for recreational vehicle parks. Applicant: City of Beaumont Planning Division (Commissioner Moor abstained from File 703-OB.) Mr. Richardson presented the staff report. Chapter 27 currently addresses Type A and Type B trailer parks. While recreational vehicle parks are now considered a Type A park, there are a lot of provisions in the Type A that just do not apply to recreational vehicle parks. Basically, recreational vehicle parks shall be a minimum of three acres and no fewer than 15 recreational vehicle lots. The perimeter of the park shall be surrounded by an 8' tall fence. Streets within the park shall be private and paved. Individual lots will be provided with water, sewer and electrical hookups. Usable open space shall be provided as well as restroorn/shower facilities and office space for the check in of park patrons. Mr. Richardson recommended approval of the request and thanked Mr, Torn Taylor for his input with the changes to the regulations. Mr. Taylor applied for a specific use permit for an RV park at the September meeting. Chairman Bodwin opened the public hearing and asked for comments. Tom Taylor addressed the Commission. Mr. Taylor addressed lighting issues. The lighting will be low wattage. The public hearing was closed. Commissioner Kyles made a motion to approve amendments to the Code of Ordinances, Chapter 27, Trailers and Trailer Parks to amend development regulations for recreational vehicle parks as requested in File 703-OB. Commissioner Johnson seconded the motion. Motion to approve carried 7:0:1 (Moor). OTHER BUSINESS THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED AT5:20P.M. 12