Loading...
HomeMy WebLinkAbout2-27-06 PC MinutesMINUTES REGULAR MEETING AND JOINT PUBLIC HEARINGS PLANNING COMMISSION CITY COUNCIL February 27, 2006 City Council Chambers A Regular Meeting and Joint Public Hearings of the Planning Commission and City Council were held on February 27, 2006 with the following members present: Commission members present: Chairman Glenn Bodwin Commissioner Dale Hallmark Commissioner Greg Dykeman Commissioner Laurie Leister Commissioner Walter Kyles Commissioner Virginia Hurley Commissioner Sina Nejad Commission members absent: Vice Chairman Lynda Kay Makin Conunissioner Marty Craig Alternate Commissioner Ted Moor Alternate Commissioner Steven Johnson Councilmembers present: Mayor Guy Goodson Councilmember-at-Large Andrew Cokinos Councilmember Lulu Smith Councilmember Nancy Beaulieu Councilmembers absent: Mayor Pro-Tem Audwin Samuel Councilmember-at-Large Becky Ames Councilmember Bobbie Patterson Also present: Stephen Richardson, Planning Manager; Jill Cole, Recording Secretary; Adina Abshire, Planner; Tyrone Cooper, City Attorney; Tom Warner, Public Works Director APPROVAL OF THE MINUTES Commissioner Kyles made a motion to approve the minutes of the Regular Meeting and Joint Public Hearings held January 23, 2006. Commissioner Hallmark seconded the motion. Motion to approve carried 7:0. Planning Commission February 27, 2006 REGULAR MEETING 1) Amended Plat - Calder Place: Consider the Amended Plat of Lots 14 and 15, Block 8, Calder Place Addition into Lots 14A and 15A, Block 8, Calder Place Addition. Applicant: Fittz and Shipman, Inc. Mr. Richardson presented the staff report. The property owner owns Lots 14-16 and the north 35 feet of Lot 17. There is a garage on Lot 15 that extends onto Lot 14. The property owner wishes to keep a 2 W building setback off the garage, thus making the rear portion of Lot 14 only 47.13' in width. Due to this decrease in width of Lot 14, a variance to the lot width is required. The Zoning Ordinance requires a minimum width of 50' in an RS. The rear 64.96' of the lot will be 47.13' wide. Chairman Bodwin asked for the applicant's comments. John Holm with Fittz & Shipman, the applicant, addressed the Commission. Commissioner Kyles made a motion to approve the Amended Plat Lots 14 and 15, Block 8, Calder Place Addition into Lots 14A and 15A, Block 8, Calder Place Addition as requested. The tnotion failed for lack of a second. Commissioner Hurley made a motion to deny the Amended Plat Lots 14 and 15, Block 8, Calder Place Addition into Lots 14A and 15A, Block 8, Calder Place Addition as requested. Commissioner Leis ter seconded the motion. Motion to deny carried 5:2 (Kyles, Hallmark). 2) Preliminary Plat -Vision Villa e: Consider the Preliminary Plat of Vision Village, Lots 1-3, Block 1, Lots 1-10, Block 2, Lots 1-10, Block 3 and Lots 1-12, Block 4; 42.227 acres out of the C. Williams League, Ab. No. 59. Applicant: Fittz & Shipman, Inc. Mr. Richardson presented the staff report. Emmanuel Baptist Church of Jesus Christ i s p roposing t o d eve] op a c hurch, se hool, game f ields a nd p ark, s enior housing apartments and a single family residential subdivision.. The 42 acre tract is located at 2725 South Major. The whole complex will be phased with Phase One including streets and drainage, a 22,000 sq. ft. assembly hall, church parking and a 33 lot single family residential subdivision. Tke entire development will be accessed by a 60' wide minor collector. The subdivision will be built to city development standards. The City Engineer and DD#6 do have some concerns about exactly how the property will be drained. The City Engineer states that TxDOT approval will be 2 Planning Commission February 23, 2006 required to drain into the east ditch of Major. An appropriate size pipe that can be accommodated by the Major Drive ditch, instead of the 48 inch, will need to be installed or alternative drainage worked out with the property owner to the south and DD#6. Mr. Richardson recommended approval subject to the following as well as an additional condition stating "the drainage plans prove to be functional by the project's engineer": • Provide the necessary fire hydrants as per the Fire Marshall's requirements. • Install stop signs and street markers as per Transportation Manager's requirements. • The recorded 30' access easement needs to be shown on the north side of Lot 1, Block 1. • Submit TxDOT approval of Major Dr. east ditch as the discharge point of area drained. • Provide appropriate drainage pipe size that can be accommodated by Major Dr. ditch or alternative drainage into DD#6 Ditch to the south. Chairman Bodwin asked for the applicant's comments. John Holm with Fittz &-Shipman, Inc., the applicant, addressed the Commission. Commissioner Kyles made a motion to approve the Preliminary Plat of Vision Village subject to the following: • Provide the necessary fire hydrants as per the Fire Marshall's requirements. • Install stop signs and street markers as per Transportation Manager's requirements. • The recorded 30' access easement needs to be shown on the north side of Lot 1, Block 1. • Submit TxDOT approval of Major Dr. east ditch as the discharge point of area drained. • Provide appropriate drainage pipe size that can be accommodated by Major Dr. ditch or alternative drainage into DD#6 Ditch to the south. Commissioner Hurley seconded the motion. Motion to approve carried 7:0. JOINT PUBLIC HEARINGS Mayor Goodson called the Joint Public Hearings of February 27, 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 Planning Commission February 27, 2006 1) File 1795-ZIP: Request for a zone change from RS (Residential Single Family Dwelling) to GC-MD-2 (General Commercial -Multiple Family Dwelling-2) District or more restrictive district and a specific use permit to allow an insurance office. Location: 3336 S. Major Drive Applicant: Tracey Lumpkin Mr. Richardson presented the staff report. The applicant, Tracey Lumpkin, sells and services life, health and employee benefits insurance. Office hours will be from 8:30 a.m. to 4:30 p.m., Monday - Friday. Two employees will work on premise. Ms. Lumpkin states that she is an outside sales representative who goes to other business owners and works with their employees on their job site. Properties to the north, south and west are zoned RS. Properties to the east, across Major, are zoned GC -MD. Single family residential uses occupy the properties to the north and south. The Comprehensive Plan designates this area as a Neighborhood Growth Unit. The Neighborhood Growth Unit concept designates commercial uses at the intersections of major thoroughfares. A district commercial center is designated at the corner of Major and Walden. The subject property is approximately 675' north of this intersection. GC -MD zoning is located on three of the four comers of that intersection as well as along approximately 1,400 feet of the east side of Major } brive. Along the west side of Major, for a distance of approximately 3,200', residential uses and RS zoning exist. Mr. Richardson recommended denial. He stated that he is concerned about the encroachment of commercial zoning into the existing residential neighborhood and the effects this zoning would have on the residential uses. Ten 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. Commissioner Hurley commented that she did not think this type of business would be a detriment to the neighborhood, except that in the event that the City changes any zoning and another business comes in, could there be a problem and could it be considered spot zoning? Mr. Richardson replied that it would not be considered spot zoning if it were changed to GC-MD-2. If it changed to a different type use, .the applicant would have to apply for another specific use permit. Commissioner Leister asked Mr. Richardson if there were to be commercial development taking place in this area, when did he estimate that taking place. �l Planning Commission February 27, 2006 Mr. Richardson said he felt that it is still a number of years away. The intersection of Walden and Major is designated as a District Center. The Comprehensive Plan designates this area as a neighborhood growth unit whereby the City tries to keep the commercial uses at the major intersections. There is commercial zoning on the west side for a distance of 675' and on the east side a distance of 1300' from the intersection of Walden and Major. He feels that there is adequate commercial zoning in this area. Commissioner Nejad asked if there is a circular driveway on the subject property or do customers have to back out onto Major Drive. Mr. Richardson stated that there is parking in the back with maneuvering room so customers can drive out onto Major Drive. Commissioner Hallmark asked if the Commission approved the request despite the recommendation of denial, would there be any restrictions placed on screening, fencing, etc. Mr. Richardson said that there are some modifications being requested for the screening, but if the Commission wants to approve the zone change and specific use permit, reasonable conditions regarding screening, etc. could be applied. Commissioner Dykeman asked if the Commission changed the zone to GC-MD-2, how would that affect the next lot over if they want to change it from RS to GC- MD-2 and is the Commission setting any kind of precedent. Mr. Cooper said it would be easier for the next applicant because the Commission has opened the gate for commercial intrusion. Chairman Bodwin opened the public hearing and asked for the applicant's comments. Tracey Lumpkin, the applicant, addressed the Commission. She stated that 20' across from the subject property is zoned GC -MD. Commercial encroachment already exists on a grand scale. On both sides of Major Drive, commercial and residential uses already exists. The general consensus is that it will be commercial property someday soon and as fast as the area is growing, Ms. Lumpkin thinks it will be sooner than a few years. She stated that the exact same situation that she is requesting already exists on Highway 105. There is a line of residences facing and surrounding commercial property on Highway 105 as well as Major Drive. Ms. . Lumpkin contacted the Texas Department of Transportation and the last traffic count was done in 2003, before the expansion of Major. There were 4,500 vehicles in a 24 hour period. With new construction and 5 lanes, three years later she thinks the number has easily doubled to 9,000 vehicles per day. The sign will be tastefully done, and the landscaping in front is very attractive. The landscaping is done in a Planning Commission February 27,2006 horseshoe shape with the sign in the middle, so the neighbors on either side can not see the sign, but passing traffic can. The neighbors on either side of the property have been contacted and she had a petition signed stating that they were agreeable with the sign. Ms. Lumpkin distributed the petition to the Commission and Council. In addressing the letter returned in opposition from Guadalupe Daniels, the previous owner's grandfather, it seems that there was a disagreement between the family and it is carrying over into the zone change request. Mr. Daniels has moved and no longer lives at 3290 S. Major Drive. His house is vacant. He did not oppose the first notification sent out in August, 2005. In conclusion, Ms. Lumpkin said considering the number of vehicles driving past the subject location, she did not consider it a residential area. Chairman Bodwin asked for comments in favor or in opposition. Jeffrey Simmons, 9745 Broun, spoke in favor of the request. Ben Collins, 6550 Walden Road, addressed the Commission in favor of the request. Mr. Collins had previously requested and received a zone change for property at 2170 Major Drive. Amy Knox, 3630 Saint Andrews, spoke in favor of the request. Ms. Knox is the previous owner of the subject property. The public hearing was closed. Commissioner Dykeman asked why the request was tabled in August. Mr. Richardson said that the original zone change request was to RM-H with a specific use p ermit a nd t here w as d iscussion o f t he r equest b eing s pot z oning a nd t he applicant asked for the request to be tabled. Immediately after that, Hurricane Katrina hit New Orleans and Ms. Lumpkin has been working there since then and is just now coming back to Beaumont. Commissioner Hurley and Commissioner Dykeman commented that Ms. Lumpkin's type of business would be a positive addition to the area. Commissioner Hurley made a motion to approve a zone change from RS to GC- MD-2 District and a specific use permit to allow an insurance office at 3336 S. Major Drive as requested in File 1795-Z/P. Commissioner Kyles seconded the motion. Motion to approve failed 3:4 (Hallmark, Nejad, Leister, Bodwin). 2) File 1810-Z: Request for a zone change from RS (Residential Single Family Dwelling) to NC (Neighborhood Commercial) District or more restrictive district. Location: 1695 Milam Applicant: Alfred Briscoe 6 Planning Commission February 27, 2006 Mr. Richardson presented the staff report. The applicants, Mr. and Mrs. Alfred Briscoe, are renovating the subject residence for use as their home. However, they would like to explore possible business ventures for their property as well. Mrs. Briscoe is a retiring professional chef in California, so one of the Briscoe's ideas is to use the house for occasional weddings and receptions. The house is very large and will be expensive to maintain. The Briscoes are hoping that to be able to bring in some cash flow will enable them to maintain this historic home. The majority of the block is already zoned NC. Mr. Richardson recommended approval of the request. Fourteen 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. Alfred Briscoe, the applicant, addressed the Commission. Chairman Bodwin asked for comments in favor or in opposition. Sam Parigi, 445 M 14`s Street, spoke in favor of the request. Betty Coffey, 4475 Winston, spoke in favor of the request. Tony Prados, 1090 Avenue H, spoke in opposition to the request. Ms. Prados is a representative of the College Street Corridor Neighborhood Association. Benny Mendoza spoke in opposition to the request. Mr. Mendoza owns property in the subject neighborhood. Rebuttal by Mr. Briscoe. Comment from Ms. Coffey. Chairman Bodwin closed the public hearing. Discussion between the Commission followed. Commissioner Hurley made a motion to approve a zone change from RS to NC District at 1695 Milam as requested in File 1810-Z. Commissioner Dykeman seconded the motion. Motion to approve carried 5:2 (Nejad, Hallmark). 7 Planning Commission February 27, 2006 3) File 1811-P: Request for a specific use permit to allow an interior design office and caregiver education classes in an RCR (Residential Conservation and Revitalization) District. Location: 2325 Liberty Applicant: Nancy Carlisle Mr. Richardson presented the staff report. Quality Care Services was granted a specific use permit in 1998 that allowed them to have their administrative offices at this location. Several years later, the company relocated its offices. Quality Care is now expanding into other areas of senior citizen care and would like to locate Easy Living Interiors and the Personal Living School at 2325 Liberty. The design firm will employ one person and will typically go to the client's house. The Personal Assistant School will employ the same person. At a maximum, there will be 4-5 caregivers attending class at any one time. Mr. Richardson recommended approval of the request. Twenty-two 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. Nancy Carlisle, the applicant, addressed the Commission. Chairman Bodwin asked for comments in favor or in opposition. Kathy Bachelot spoke in favor of the request. Ms. Bachelot has been working with Ms. Carlisle on this project. She is an interior designer with a focus on historic preservation. Commissioner Leister made a motion to approve a specific use permit to allow an interior design office and caregiver education classes in an RCR District at 2325 Liberty as requested in File 181 I-P. Commissioner Hurley seconded the motion. Motion to approve carried 7:0. 4) File 1812-ZIP: Request for a zone change from RS (Residential Single Family Dwelling) to RM-H (Residential Multiple. Family Dwelling -Highest Density) District or more restrictive district and a specific use permit to allow employee parking for the Social Security office in an RM-H (Residential Multiple Family Dwelling -Highest Density) District. Planning Commission February 27, 2006 Location: 3430 and 3440 Anderson Lane Applicant: David Cabell Mr. Richardson presented the staff report. The Social Security Administration is expanding its office on Eastex Freeway. As a result of this expansion, additional employee parking is needed. The subject property is located across the street from its current headquarters. Mr. Richardson recommended approval of the request. Twenty-four notices were mailed to property owners within 200 feet of the subject property. No responses in favor or in opposition were returned. Chairman Bodwin opened the public hearing and asked for the applicant's comments. David Cabell, 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 Kyles made a motion to approve a zone change from RS to RM-H District and a specific use permit to allow employee parking for the Social Security office in an RM-H District at 3430 and 3440 Anderson Lane as requested in File 1812-ZIP, subject to Iandscaping be placed along the entire length of the south property line and along the south 75` of the east property line. Commissioner Hurley seconded the motion. Motion to approve carried 7:0. 5) File 1813-Z: Request for a zone change from LI (Light Industrial) to GC -MD (General Commercial -Multiple Family Dwelling) District or more restrictive district. Location: 5355 Ohio Street Applicant: Hammond Jones Development LP Mr. Richardson presented staff report. Hammond Jones Development LP is requesting this zone change in order to build apartments that will cater to the student population of Lamar University. Gideon Distributing currently owns the subject property but will be moving to another location within the city. Hammond Jones Development is currently constructing apartments across MLK from the subject property: The proposed apartments will be similar to those currently under construction. Sixteen notices were mailed to property owners within 200 feet. No responses in favor or in opposition were returned. Planning Commission February 27, 200b Slides of the subject property were shown. Chairman Bodwin opened the public hearing and asked for the applicant's comments. Mac Jones of Hammond Jones Development, the applicant, addressed the Commission. Mr. Jones stated that his company has developed approximately 3,000 units of student housing around the country in the last ten years. In response to the lack of housing at Lamar, his company is proposing to provide and what they are providing across the street is very high end multi -family housing. It has controlled access gates, swimming pool, exercise facility, internet cafe and a high level security system. Students can either drive, walk or bike back and forth to the university. Commissioner Hallmark asked Mr. Jones how they were going to deal with the noise from the surrounding manufacturing companies. Mr. Jones stated that the exact Ievel of noise is not known and he doesn't believe it is any different from the location across the street when they came before the Planning Commission a year ago. He maintained that this student housing and students are a little more tolerant of sound. He said he has been out at the site at 11 p.m. during the week and .there was very little noise and they do not see it as a problem. Comments from Councilmember Beaulieu and Commissioner Hurley were made regarding noise from the surrounding area and both agreed that students were generally more forgiving of noise. In response to Commissioner Kyles, Mr. Jones said somewhere between 96 and 120 units are proposed. Chairman Bodwin asked for comments in favor or in opposition. Lee Parker, 550 Fannin, addressed the Commission in opposition to the request. Mr. Parker represents J & J Manufacturing which is located south of the subject property. J & J Manufacturing has been in the community since 1929 has been at the Ohio Street location for over 50 years. They employ 40-50 full time employees and the economic development commission has speculated that J & J employs between 25-30 people in the community through it's contracts. Mr. Parker addressed concerns of noise generated by J & J and other surrounding businesses that would be a disturbance to anyone living in the area. He also stated that J & I has floodlights around the property for security purposes that would be disturbing to the tenants in the apartments. He also stated that traffic at the Ohio Street/MLK intersection would be a real safety concern for students biking or walking to school because there are no walkways. There are also large trucks that use Ohio street and 10 Planning Commission February 27, 2006 to add 400 more vehicles for the tenants would be detrimental. In conclusion, Mr. Parker feels that this is spot zoning because it would be a residential use in the middle of Light Industrial zoning. Larry Kelly, Wilson Warehouse Company, 5055 M.L.K. Parkway addressed the Commission in opposition to the request. Wilson Warehouse has been at this location since 1963. Mr. Kelly stated that this is not a good location for student housing and cited safety issues as a main concern. He feels that it would be dangerous for students to bike or walk from the proposed site. Jim Rich, President of the Beaumont Chamber of Commerce, addressed the Commission in opposition. Mr. Rich stated that he disliked having to oppose housing or anything that adds to the City's tax base, but he agreed with what had been said so far and spoke on behalf of the J & J Manufacturing, a manufacturing facility operating within the city limits of Beaumont. J & J has been at their location since 1929, is a growing company and has the abilityto expand at their current location. He feels that Ohio Street is not the right place for an apartment complex and the City should keep the light industrial area intact. Sam Parigi, 445 N. 14' Street, addressed the Commission in opposition to the request. Mr. Parigi said he was contacted by Mr. Parker and Kip Lamb regarding this request. Mr. Parigi owns a 72 unit complex in the Lamar area and is in favor } of anyone coming to Beaumont and provide housing as well as add to the tax base, but he feels that the subject property is not the right location for an apartment complex. The public hearing was closed. Rebuttal by Mac Jones. In response to comments made, Mr. Jones stated that the complex has to be within a quarter mile to a half mile of the university to borrow money for the project. The Gideon site is 5.8 acres and is the largest site anywhere close to Lamar. Mr. Jones said that they cannot limit the apartments to just students, but they have received calls from families that prefer not to live in a complex that caters to students. In regard to the traffic problem, they have considered a privately owned and operated shuttle that they have done in their other locations across the country. Commissioner Hurley asked if it would be possible to build fewer units and leave a buffer toward the industrial areas. Mr. Jones said that they can not build less than 96 units and make it financially feasible. Mr. Larry Kelly of Wilson Warehouse suggested a possible solution. The site of the old Buckner Orphange on Highland Avenue is vacant and adjacent to that is Alice Keith Park, which over the years, parts of the park have been demolished and the section on the cast end of it is sitting dormant. 11 Planning Commission February 27, 2006 Mr. Cooper stated that it would take an election to sell a city park. Commissioner Dykeman made a motion to deny a zone change from LI to GC -MD District at 5355 Ohio Street as requested in File 1813-Z. Commissioner Kyles seconded the motion. Motion to deny carried 6:1 (Leister). OTHER BUSINESS THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED AT 5:40 P. M. a 12 0