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HomeMy WebLinkAbout9-18-06 PC MinutesA Regular Meeting and Joint Public Hearings of the Planning Commission and City Council were held on September 18, 2006 with the following members present: Commission members present: Commissioner Laurie Leister Commissioner Sina Nejad Commissioner Marty Craig Commissioner Dale Hallmark Commissioner Greg Dykeman Alternate Commissioner Randall Collins Commissioner Ted Moor Alternate Commissioner Steven Johnson Commission members absent: Chairman Glenn Bodwin Vice Chairman Lynda Kay Makin Commissioner Walter Kyles Councilrnembers present: Mayor Guy Goodson Mayor Pro -Tern Nancy Beaulieu Councilmember-at-Large Becky Ames Councilmember Lulu Smith Councilmember Audwin Samuel Councilmembers absent: Councilmember-at-Large Andrew Coldnos Councilmember Bobbie Patterson Also present: Stephen Richardson, Planning Manager; Jill Cole, Recording Secretary; Adina Abshire, Planner; Joe Sanders, First Assistant City Attorney; Chris Boone, Development Services Manager; 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 August 21, 2006. Commissioner Moor seconded the motion. Motion to approve carried 8:0. Planning Commission September 18, 2006 Commissioner Leister, acting as Chairman, stated that Item ##7 (File 1845-Z) on the Joint Public Hearing has been withdrawn by the applicant and that Item #9 (File 1847-P) has been deferred until next month's meeting. REGULAR MEETING 1) Replat - Lots 14A and 14B. Block 3, Woodland Acres Addition: Request for a replat of Lot 14, Block 3, Woodland Acres Addition into Lots 14A and 14B, Block 3, Woodland Acres Addition. Location: 5490 Gail Drive and 5505 Catherine Lane Applicant: Leap Engineering Mr. Richardson presented the staff report. Leap Engineering has made application to subdivide Lot 14 into two lots that would be almost an acre each in size. Each lot exceeds the minimum lot, width and area requirements. Mr. Richardson recommended approval. Thirteen notices were mailed to property owners within 200 feet. No responses in favor or in opposition were returned. Commissioner Leister opened the public hearing and asked for the applicant's comments. The applicant was not present. Commissioner Leister asked for comments in favor or in opposition. No comments were made. The public hearing was closed. Commissioner Dykeman stated that he would be abstaining from the vote on this request. Commissioner Hallmark made a motion to approve a replat of Lot 14, Block 3, Woodland A cres A ddition i nto L ots 14A a nd 1413, B lock 3, W oodland A cres Addition at 5490 Gail Drive and 5505 Catherine Lane as requested in the Replat of Lots 14A and 14B, Block 3, Woodland Acres Addition. Commissioner Craig seconded the motion. Motion to approve carried 7:0:1 (Dykeman). 2) Replat - Lots 4A and 4B. Stiles Addition: Request for a replat of Lot 4, Stiles Addition into Lot 4A and Lot 4B, Stiles Addition. Location: 8079 and 8181 LaBelle Road Applicant: Access Surveyors Mr. Richardson presented the staff report. The subj ect property is located at 8079 and 8181 Labelle Road in the City's ETJ. 2 Planning Commission September 18, 2006 Access Surveyors has made application to subdivide Lot 4 into two lots - one 11.359 acres and the other 5.520 acres. Each lot exceeds the minimum lot width, depth and area requirements. Mr. Richardson recommended approval. One notice was mailed to property owners within 200 feet. It was not returned. Commissioner Leister opened the public hearing and asked for the applicant's continents. Mitch Brackin with Access Surveyors, the applicant, addressed the Commission. Commissioner Leister 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 4, Stiles Addition into Lot 4A and Lot 4B, Stiles Addition for the property at 8079 and 8181 LaBelle Road as requested in the Replat of Lots 4A and 4B, Stiles Addition. Commissioner Moor seconded the motion. Motion to approve carried 8:0. 3) File 697-OB: Request for the abandonment of the 20' alley in Block 12, McFaddin 2nd Addition. Location: Between 2nd and 3`d Streets Applicant: George Bullington Mr. Richardson presented the staff report. All but two of the adjacent property owners have petitioned to have the alley abandoned. The applicants state that there has been an increasing problem with vagrants wandering through the alley and causing problems. This item was sent to all interested parties. Centerpoint, the City, AT&`f', Entergy and Time -Warner all have facilities in the alley. All have stated that the retention of a general utility easement would suffice if the alley is abandoned. Mr. Richardson recommended approval subject to retaining a 20' wide general utility easement. Commissioner Leister opened the public hearing and asked for the applicant's comments. Gilbert Adams addressed the Commission on behalf of George Bullington. Commissioner Nejad stated that he would be abstaining from the vote on this file. Planning Commission September 16, 2006 Commissioner Craig made a motion to approve a request for the abandonment of the 20' alley in Block 12, McFaddin 2' Addition between 2" and 3" Streets as requested in File 697-OB subject to retaining a 20' wide general utility easement. Commissioner Johnson seconded the motion. Motion to approve carried 7:0:1 (Nej ad). 4) Amended Plat - Lots 1-3, Block 4, Virginia Addition: Request for an amended plat of Lots 1-3, Block 4, Virginia Addition. Location: 1115 and 1135 Campus and 4750 Park Applicant: Mark Whiteley and Associates, Inc, Mr. Richardson presented the staff report. Mark Whiteley has requested that the lot lines of these three lots be re -aligned. All three lots now are oriented towards Campus. The amended plat will orient Lots IA and 2A towards Campus and Lot 3 towards Park. Lots IA and 2A are 90' in depth. They do not meet the minimum lot depth requirement of 100'. Both lots exceed the minimum lot width and area requirements. Mr. Richardson recommended approval of the request with a variance to the lot depth requirements for Lots I and 2A, Commissioner Leister opened the public hearing and asked for the applicant's comments. Tom Rowe of Mark Whiteley & Associates, the applicant, addressed the Commission. Commissioner Craig made a motion to approve the Amended Plat of Lots 1-3, Block 4, Virginia Addition located at 1115 and 1135 Campus and 4750 Park as requested with a variance to the lot depth requirement for Lots IA and 2A. Commissioner Nejad seconded the motion. Motion to approve carried 8A. JOINT PUBLIC HEARINGS Mayor Goodson called the Joint Public Hearings of September 18, 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. 1) File 1838-P: Request for an amended specific use permit to allow a pharmacy to operate 24 hours a day. Location: 3890 Phelan Applicant: Richard Bills 4 Planning Commission September 18, 2006 Mr. Richardson presented the staff report. In 2005, the City Council approved a zone change from NC to GC-MD-2 and conditionally approved a specific use permit for the pharmacy. Because of concerns expressed by residents of Calder Place Addition, one of the conditions placed on the specific use permit stated that store hours would be restricted to 7 a.m. - 10 p.m. Richard Bills has applied for an amended specific use permit requesting that the pharmacy be allowed to remain open 24 hours a day. The NC and GC-MD-2 zoning acts as a buffer between Calder Place to the north and the GC -MD zoning to the south. The conditions placed on the CVS Pharmacy were to counteract any negative impacts it might have on traffic and the residential to the north. Mr. Richardson recommended denial of the request. Sixteen notices were mailed to property owners within 200 feet. Two responses in favor and three in opposition were returned. Slides of the subject property were shown. Discussion followed between Mr. Richardson and the Commission in reference to complaints from neighbors regarding the store's lighting. Commissioner Leister opened the public hearing and asked for the applicant's comments. Richard Bills, the developer for CVS Pharmacy, addressed the Commission. He stated that open 24 hours, the store would be better able to serve the neighborhood. He also said that they would be glad to address the lighting problems. Andy Flowers, 6195 N. Major, addressed the Commission. Mr. Flowers is the store manager for the CVS store. He addressed the lighting issues. At 11:00 p.m., the store 1 ights go off. The light under the pharmacy drive through awning remains on for security purposes. Rick Harris, 1390 Sheridan Lane, addressed the Commission. Mr. Harris is with the CVS store. Commissioner Leister asked for comments in favor or in opposition. Charles Weinbaum, the property owner, addressed the Commission in favor of the request. Planning Commission September Ig, 2006 Melanie Weinbaum, 3949 North Street, addressed the Commission in favor of the request. Mark Freeman, 560 22' Street, addressed the Commission in opposition to the request. Rebuttal by Mr. Bills. The public hearing was closed. Commissioner Hallmark made a motion to deny an amended specific use permit to allow a pharmacy to operate 24 hours a day at 3890 Phelan as requested in File 1838-P. Commissioner Dykeman seconded the motion. Motion to deny carried 8:0. 2) File 1839-Z: Request for a zone change from RS (Residential Single 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, has made application for a 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 northwest, southwest and southeast corners of the intersection of Highland and Lavaca as a "Redevelopment Area". The Plan states that the area between the existing Market Basket store and Highland should be developed with additional commercial services and retail establishments. However, the subject property is located in an area that is basically residential. To allow this zone change would allow commercial encroachment into a residential area. Mr. Richardson recommended denial of the request. Twenty 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. The applicant stated that the map and slides show the wrong property. Discussion between staff, the Commission and the applicant followed. 6 Planning Commission September 18, 2006 Commissioner Hallmark made a motion to table the request for a zone change from RS (Residential Single Family Dwelling) District to NC (Neighborhood Commercial) District or more restrictive district at 4205 Highland as requested in File l 839-Z u ntil n ext month. C ommissioner D ykeman seconded the motion. Motion to table carried 8:0. 3) File 1840-Z: Request for a zone change from RS (Residential Single Family Dwelling) District to GC -MD (General Commercial -Multiple Family Dwelling) District or more restrictive district. Location: 3600 block of Dowlen Road Applicant: Mark Whiteley & Associates, Inc. Mr, Richardson presented the staff report. The item is a request for a zone change from RS to GC -MD for a 0.646 acre tract in the proposed Metropolitan Park development on the old West End YMCA property. Mark Whiteley is requesting this zone change to allow development of the subject property in accordance with the overall master plan. Mr. Richardson recommended approval of the north 0.444 acres to GC -MD and the south 0.202 acres to GC-MD-2. This split in zoning will correspond with the zoning that has already been approved for the development. Eighteen 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. Commissioner Leister opened the public hearing and asked for the applicant's comments. Tom Rowe of Mark Whiteley & Associates addressed the Commission. Commissioner Leister 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 zone change from RS District to GC -MD District for the north 0.444 acres of property and from RS District to GC- MD-2 District for the south 0.202 acres of property in the 3600 block of Dowlen Road as requested in File 1840-Z. Commissioner Johnson seconded the motion, Motion to approve carried 8:0. 4) File 1841-P: Request for a specific use permit to allow a recreational vehicle park in an LI (Light Industrial) District. Location: 6800 S. Major Drive Applicant: Thomas Taylor, Sr. 7 Planning Commission September 18, 2006 Commissioner Moor abstained from discussion on this request. Mr. Richardson presented the staff report. Tom Taylor is requesting this specific use permit for a 15 acre tract of land with the intent to develop a 75 space recreational park. The site includes a 7 acre lake and an LNVA canal right-of-way leaving approximately 7 acres for development. Mr. Taylor states that he will attempt to save as many trees as possible by adjusting the RV sites to fit among the trees. All sites will be provided water, sewer and electrical service. At least 50% of the sites will have satellite or cable TV. The park will also have WiFi internet service. Mr. Taylor proposes a number of design modifications that do not coincide with the ordinance. Some of the proposed streets serving 5 or more lots are 14' in width instead of the required 20'. The ordinance also states that the phone service and natural gas hook-ups are required for each lot. Mr. Taylor states that RV's use propane tanks and most have cell phones. In addition, the ordinance states that all lots must be 30' x 75'. Mr. Taylor proposes that some lots be 30' x 65'. The City's ordinance dealing with "Type A" trailer parks was written many years ago. With changes in the industry, Mr. Richardson suggested that now may be the appropriate time to amend the ordinance to reflect current industry standards. Mr. Taylor is requesting a modification to the screening requirement along the north, south and west sides of the property. The ordinance states that the property must be screened by a 6' tall solid fence or wall. A minimum 6' tall chain link fence will be provided along those sides with.a solid wood fence along the east property line. Mr. Richardson recommended approval subject to the site plan being revised to meet all ordinance design requirements and with a modification to the screening requirement along the north, south and west property lines. Twenty-four notices were mailed to property owners within 200 feet of the subject property. One response 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, Tom Taylor, the applicant, addressed the Commission. Chairman Bodwin asked for comments in favor or in opposition. No comments were made. The public hearing was closed. Planning Commission September 18, 2006 Discussion followed between the Commission and Council. Commissioner Hallmark made a motion to approve a specific use permit to allow a recreational vehicle park in an LI (Light Industrial) District at 6800 S. Major Drive as requested in File 1841-P subject to the site plan being revised to meet all ordinance design requirements and with a modification to the screening requirement along the north, south and west property lines. Commissioner Nej ad seconded the motion. Motion to approve carried 6:0:2 (Moor, Dykeman). 5) File 1842-P: Request for an amended specific use permit to allow the expansion of an existing washateria in an RCR (Residential Conservation and Revitalization) District. Location: 4639 Highland Avenue Applicant: Johnny Huynh Mr. Richardson presented the staff report. In January, 2005, the City Council approved a specific use permit to allow a 1,870 sq. ft. washateria and related parking. The proposed amendment will include an additional 780 sq. ft. of space added to the rear of the washateria, the demolition of an existing 2 story garage apartment and an additional 5 parking spaces. Mr. Richardson recommended approval of the request. Eighteen 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. Commissioner Leister opened the public hearing and asked for the applicant's comments. Thomas Nguyen addressed the Commission on behalf of the applicant. Commissioner Leister asked for comments in favor or in opposition. No comments were made. The public hearing was closed. Commissioner Hallmark made a motion to approve an amended specific use permit to allow the expansion of an existing washateria in an RCR District at 4639 Highland Avenue as requested in File 1842-P. Commissioner Craig seconded the motion. Motion to approve carried 8:0. 6) File 1843-ZIP: Request for a zone change from RS (Residential Single Family Dwelling) District to GC-MD-2 (General Commercial -Multiple FamilyDwelling-2) District or more restrictive district and a specific use permit to allow a wholesale garden supply tree storage business in a GC-MD-2 (General Commercial -Multiple VJ Planning Commission September 18, 2006 Family Dwelling-2) District. Location: Corner of Fannin and Edgemore Applicant: Helen Viator Mr. Richardson presented the staff report. The applicant, Helen Viator is making this request to allow Robbie Tribble to expand his nursery business. The subject property will be used to store trees. No buildings will be constructed on the property. Over the years, the Sunnyside Addition, north of College, has been subject to a number of commercial encroachments. The latest zone change in this area occurred in 2001 when a. 3 4 acre tract on the subdivision's western edge was approved. That property was never developed. The properties surrounding the subject property are residential or vacant. Mr. Richardson stated that while he felt the proposed use mightnot be detrimental to the surrounding properties, allowing further commercial encroachment into the residential portion of the neighborhood would have a negative impact on those properties. In addition, this request could be considered spot zoning. Mr. Richardson recommended denial of the request. Twenty notices were mailed to property owners within 200 feet. No responses in favor and one in opposition were returned. Slides of the subject property were shown. Discussion followed between the Commission, Council and staff. Commissioner Leister opened the public hearing and asked for the applicant's comments. Carla Viator addressed the Commission on behalf of her parents. Commissioner Leister asked for comments in favor or in opposition. Bud Selman, 590 Edgemore, spoke in opposition to the request. The public hearing was closed. Rebuttal by Ms. Viator. Commissioner Nej ad made a motion to deny a zone change from RS District to GC- MD-2 District and a specific use permit to allow a wholesale garden supply tree storage business in a GC-MD-2 District at the corner of Fannin and Edgemore as 10 Planning Commission September 19, 2006 requested in File 1843-ZIP. Commissioner Dykeman seconded the motion. Motion to deny carried 8:0. 7) File 1845-Z: Request for a zone change from RM-H (Residential Multiple Family Dwelling -Highest Density) District to GC -MD (General Commercial -Multiple Family Dwelling) District or more restrictive district. Location: 3404 W. Euclid Applicant: Kathleen Clinkscales This item was withdrawn by the applicant. 8) File 1846-Z: Request for a zone change from GC -MD (General -Commercial - Multiple Family Dwelling) District to RS (Residential Single Family Dwelling) District. Location: 2645 Liberty Applicant: Sherman and Sherman, Inc. Mr. Richardson presented the staff report. The purpose of the requested zone change is to allow a residential structure to be moved to the lot and occupied as a single family residence. Staff is currently conducting a zoning study of the Old Town area and a recommendation on changes will be brought to the Planning Commission and City Council in October. As part of its recommendation, staff will be proposing that the subject property and the properties to the east and west be rezoned to RS. In August, the Historic Landmark Commission approved a CA to allow the moving of the house to the subject property. Mr. Richardson recommended approval of the request. (Commissioner Collins left the meeting.) Fifteen notices were mailed to property owners within 200 feet of the subject property. One response in opposition and none in favor were returned. Slides of the subject property were shown. Commissioner Leister opened the public hearing and asked for the applicant's comments. Mike Sinclair with Sherman and Sherman, the applicant, addressed the Commission. (Councilman Samuel arrived.) 11 Planning Commission September 18, 2006 Commissioner Leister 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 zone change from GC -MD District to RS District at 2645 Liberty as requested in File 1846-Z. Commissioner Moor seconded the motion. Motion to approve carried 7:0. 9) File 1847-P: Request for a specific use permit to allow a general contractors business with fabrication in a GC -MD (General Commercial -Multiple Family Dwelling) District. Location: 5675 Indian Trail Applicant: Steven Talalis This file was deferred for one month. 10) File 698-OB : Request to amend the Zoning Ordinance, Section 30-24 (B), Permitted Use Table, to temporarily require a specific use permit for all uses in the CBD (Central Business District). Applicant: City of Beaumont Planning Division Mr. Richardson presented the staff report. The City is beginning the process of formulating a Downtown Plan for the CBD. Due to concems that incompatible land uses night be introduced to the Central Business District before the plan and any . resulting Zoning Ordinance amendments are completed and adopted, staff is recommending that specific use permits for all uses in the CBD be required. Mr. Richardson recommended approval. Commissioner Leister opened the public hearing and 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 request to amend the Zoning Ordinance, Section 30-24 (B), Permitted Use Table, to temporarily require a specific use permit for all uses in the CBD (Central Business District) as requested in File 698-013. Commissioner Nejad seconded the motion. Motion to approve carried 7:0. OTHER BUSINESS THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED AT 5:10 P. M. 12