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HomeMy WebLinkAbout8-21-06 PC MinutesMINUTES. REGULAR MEETING AND JOINT PUBLIC HEARINGS PLANNING COMMISSION CITY COUNCIL August 21, 2006 City Council Chambers ARegular Meeting and JointPublic Hearings of the Planning Commission and City Council were held on August 21, 2006 with the following members present: Commission members present: Chairman Glenn Bodwin Vice Chairman Lynda Kay Makin Commissioner Sina Nejad Commissioner Laurie Leister Commissioner Marty Craig Commissioner Walter Kyles Commissioner Greg Dykeman Alternate Commissioner Randall Collins Commission members absent: Commissioner Dale Hallmark Commissioner Ted Moor Alternate Commissioner Steven Johnson Councilmembers present: Mayor Guy Goodson Mayor Pro -Tern Nancy Beaulieu Councilmember-at-Large Becky Ames Councilmember Lulu Smith Councilmember Audwin Samuel Councilmember Bobbie Patterson Councilmembers absent: Councilmember-at-Large Andrew Cokinos Also present: Stephen Richardson, Planning Manager; Jill Cole, Recording Secretary; Adina Abshire, Planner; Tyrone Cooper, 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 July 17, 2006. Commissioner Kyles seconded the motion. } Motion to approve carried 6:0. Planning Commission August 21, 2006 REGULAR MEETING 1) Replat - Cathedral Square Lofts and Townhomes Addition: Request for a replat of Lots 467-472, Lot 475 and part of Lot 476, Block 62, Beaumont Townsite into Cathedral Square Lofts and Townhomes Addition. Location: Corners of Trinity, Wall and Forsythe Applicant: Soutex Surveyors, Inc. (Commissioner Nejad arrived.) Mr. Richardson presented the staff report. Rick Clark is constructing a 34 unit Phase One loft/townhouse development at the corners ofForsythe, Wall and Trinity. An existing building is being converted into 4 loft units and another 30 townhouse units are being newly constructed. Each unit will be individually sold. Access will be by private drives. Enclosed parking will be provided on the first floor of each building. This replat was sent to all interested parties. No negative responses were received. Twenty notices were mailed to property owners within 200 feet. Two responses in favor and none in opposition were returned. Chairman Bodwin opened the public hearing and asked for comments. Rick Clark, the developer, was present and addressed the Commission. Chairman Bodwin asked for continents in favor or in opposition. No comments were made. The public hearing was closed. Commissioner Leister made a motion to approve a replat of Lots 467-472, Lot 475 and part of Lot 476, Block 62, Beaumont Townsite into Cathedral Square Lofts and Townhomes Addition as requested. Commissioner Craig seconded the motion. Motion to approve carried 7:0. (Commissioner Dykeman arrived.) JOINT PUBLIC HEARINGS Mayor Goodson called the Joint Public Hearings of August 21, 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. 2 Planning Commission August 2l, 2006 1) File 693-OB: Request for a street name change from Morrison Street to Sonny Perkins Street. Location: From Stanton to Bradley Applicant: Buddy Low Mr. Richardson presented the staff report. Morrison Street is located in the Charlton -Pollard neighborhood, between Stanton and Bradley. Seventy-five percent of the property owners abutting the street are in favor of the request. The petition that was submitted states that Sonny Perkins is a life-long resident of Beaumont who has lived on this street for 70 years. The petition further states that Mr. Perkins has cared for most of the residents in this area, especially in their times of need. The residents on Morrison Street want to honor Mr. Perkins for his commitment to the community. Mr. Richardson recommended approval of the request. Fourteen notices were mailed to property owners adjacent to the street. Eleven responses in favor and one in opposition were returned. Chairman Bodwin opened the public hearing and asked for the applicant's comments. Buddy Low addressed the Commission. Chairman Bodwin asked for comments in favor or in opposition. No comments were made. The public hearing was closed. Commissioner Makin made a motion to approve a street name change from Morrison Street to Sonny Perkins Street as requested in File 693-OB. Commissioner Kyles seconded the motion. Motion to approve carried 8:0. 2) File 1832-P: Request for a specific use permit to allow a public charter school in a CBD (Central Business District). Location: 405 Magnolia Applicant: Eagle Academy of Beaumont Mr. Richardson presented the staff report. Eagle Academy of Beaumont is requesting a specific use permit to allow a public charter school in an existing building at 405 Magnolia. The school will serve approximately 150 students. A maximum of 100 students will be on campus at any one time. Hours of operation will be from 7 a.m. to 6 p.m. Only 9 of the required 37 parking spaces can be accommodated on the subject property. The other existing parking spaces do not meet current parking standards. The school is asking First Baptist Church if they can use some of their parking Planning Commission August 21, 2006 spaces across the street. If the school is unable to acquire additional parking, it must receive approval of a special exception to the parking requirement by the Zoning Board of Adjustment. Mr. Richardson recommended approval subject to the school getting permission to use parking in a nearby parking lot or obtaining a special exception to the parking requirement from the Zoning Board of Adjustment. Nine notices were mailed to property owners within 200 feet. 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. Shawn Williams, Principal of Eagle Academy, addressed the Commission. Discussion followed regarding parking. Chairman Bodwin asked for comments in favor or in opposition. No comments were made. The public hearing was closed. Commissioner Leister made a motion to approve a specific use permit to allow a public charter school in a CBD (Central Business District) at 405 Magnolia as requested in File 1832-P subject to the school acquiring access to extra parking. Commissioner Craig seconded the motion. Motion to approve carried 8:0. 3) File 1833-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: 1035 Chamberlin Applicant: Jose and Miguel Perez Mr. Richardson presented the staff report. The applicant, Jose Perez, wants to open a carpentry shop at his residence. He currently rents space on Caldwell. He wants to build an accessory building in front of his residence. Mr. Perez does special order cabinets and furniture. This request could be considered "spot zoning". There are several issues that must be considered when determining spot zoning. The proposal is not in conformance with the Comprehensive Plan. The Comprehensive Plan designates this area as a stable area. Therefore, incompatible land uses should be avoided. Lots to the north, south and west are zoned RS. The 4 Planning Commission August 21, 2006 subject property is located in a residential neighborhood. The subject property was originally developed as residential. The a pplicant lives on the property. The proposed change does not bear a substantial relationship to the public health, safety, morals or general welfare or protect and preserve historical and cultural places and areas. Mr. Richardson recommended denial of the request. Thirteen notices were mailed to property owners within 200 feet. Two responses 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. Miguel Perez, one of the applicants, addressed the Commission. Chairman Bodwin asked for comments in favor or in opposition. Bobbie Kerr, 1030 Chamberlin, addressed the Commission in opposition to the request. She stated that while the Perez family are good neighbors and does not object to the carpentry shop, she does not want the zone changed. The public hearing was closed. Discussion followed between Commissioner Kyles made a motion to deny a zone change from RS District to GC - MD District at 1035 Chamberlin as requested in File 1833-Z. Motion failed for lack of a second. Commissioner Dykeman made a motion to approve a zone change from RS District to GC-MD-2 District at 1035 Chamberlin as requested in File 1833-Z. Commissioner Nejad seconded the motion. Motion to approve carried 5:3. (Councilperson Beaulieu arrived.) 4) File 1834-P: Request for a specific use permit to allow a church in an RM-H (Residential Multiple Family Dwelling -Highest Density) District. Location: West side of N. Major, approximately 1,900' south of Tram Road Applicant: Love and Compassion Ministries, Inc. W Planning Commission August 21, 2006 Mr. Richardson presented the staffreport. Love and Compassion Ministries wishes to construct a 21,600 sq. ft. church on 35 acres located on N. Major. The building will include a 600 seat sanctuary, classrooms and church offices. The church will take advantage of natural vegetation with a 50' wide screening buffer along Major. In addition, existing vegetation will be left along the north, south and west sides of the property. Mr. Richardson recommended approval of the request. Six 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 Bodwin opened the public hearing and asked for the applicant's comments. Pastor Wanda Johnson with Love and Compassion Ministries addressed the Commission. Chairman Bodwin asked for comments in favor or in opposition. No comments were made. The public hearing was closed. Commissioner Leister made a motion to approve a specific use permit to allow a church in an RM-H District on property located on the west side of N. Major, approximately 1,900' south of Tram Road as requested in File 1834-P. Commissioner Kyles seconded the motion. Motion to approve carried 8:0. 5) File 1835-P: Request for a specific use permit to allow a shopping center in a GC- MD-2 (General Commercial -Multiple Family Dwelling-2) District. Location: 2916 E. Lucas Applicant: Brammer Construction, Inc. Mr. Richardson presented the staff report. Brammer Construction is wishing to build a shopping center for Duong and Le, the property owners. Last month, the City Council approved a zone change for the north 192 feet of Duong and Le's property to GC-MD-2. The zoning boundary between the GC -MD and the GC-MD- 2 zoning runs down the middle of the proposed building. At the present time, the rear 96' is to be left vacant. The applicant is requesting a modification to the landscaping/screening requirement along the north and west property lines. Mr. Le owns the property to the west and plans to develop it sometime in the future. The north 96' of the subject property is also owned by Mr. Le and is planned for future development. If and when that property is developed, the proper landscaping and screening will be installed along 10 Planning Commission August 21, 2006 the north property line. The current plans propose constructing an 8' tall wood screening fence along the north side of the north parking lot. Mr. Richardson recommended approval with a modification to the landscaping/screening requirements along the north and west sides of the property. Eleven 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 continents. Martin Robinson with Brammer Construction addressed the Commission. In response to Commissioner Leister, Mr. Robinson said that the lighting would be directional. Charles Le, the applicant, addressed the Commission. Discussion followed between the applicant and the Commission. Chairman Bodwin asked for comments in favor or in opposition. No comments were made. The public hearing was closed. Commissioner Leister made a motion to approve a specific use permit to allow a shopping center in a GC-MD-2 District at 2916 E. Lucas as requested in File 1835-P with a waiver of the landscaping/screening requirements along the north and west property line subject to Mr. Le's continued ownership of Lot 3. Commissioner Craig seconded the motion. Motion to approve carried 8:0. 6) File 1836-P: Request for a specific use permit to allow a doctor's office in an RCR (Residential Conservation and Revitalization) District. Location: 2331 North Street Applicant: Mae E. Wesson, M.D. Mr. Richardson presented the staff report. Dr. Mae Wesson is wishing to operate her ophthalmologist office at this location. She is operating without a certificate of occupancy. Dr. Wesson states that all exams are by appointment only. Office hours are 10 am - 5:30 pm. At any one time, there will no more than two vehicles at the property. Dr. Wesson is requesting a modification to the landscaping/screening requirements along the south and west property lines. A 4' tall chain link fence runs along the 7 Planning Commission August 21, 2006 south property line and approximately 106' of the west property line. Along the west property line, there is only room for a 3' landscape strip. The Comprehensive Plan designates this area as "Stable". Incompatible land uses are discouraged. Approval of this request would allow for commercial encroachment into a residential neighborhood. Mr. Richardson recommended denial of the request. Seventeen notices were mailed to property owners within 200 feet. No responses in favor or in opposition were returned. Chairman Bodwin opened the public hearing and asked for the applicant's comments. Mae Wesson, M.D., the applicant, addressed the Commission. Discussion of the parking followed. Chairman Bodwin asked for comments in favor or in opposition. Teresa Clum, 2424 McFaddin, addressed the Commission in favor of the request. Renee Weatherford addressed the Commission as a character reference for Dr. Wesson. Jim Holmes, owner of the property to the east of the subject property, addressed the Commission in opposition to the request because of parking issues. Ralph Jordan, 2145 Hazel, spoke in opposition to the request because of the commercial encroachment into the neighborhood. Rebuttal by Dr. Wesson. The public hearing was closed. Discussion followed regarding parking. Commissioner Kyles made a motion to approve a specific use permit to allow a doctor's office in an RCR (Residential Conservation and Revitalization) District at 2331 North as requested in File 1836-P subject to an adjustment to the handicapped ramp, approval of the parking by the Board of Adjustment and subject to a waiver of the landscaping/screening requirements including a buffer and fence to the rear and west line of the property. Commissioner Leister seconded the motion. Motion to approve failed 4:4. 8 Planning Commission August 21, 2006 Commissioner Makin made motion to deny a specific use permit to allow a doctor's office in an RCR (Residential Conservation and Revitalization) District at 2331 North as requested in File 1836-P. Commissioner Craig seconded the motion. Motion to deny failed 4:4. OTHER BUSINESS THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED. 0