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HomeMy WebLinkAbout8-20-07 PC MinutesMINUTES REGULAR MEETING AND JOINT PUBLIC HEARINGS PLANNING COMMISSION AND CITY COUNCIL City Council Chambers August 20, 2007 A Regular Meeting and Joint Public Hearings of the Planning Commission and City Council were held on August 20, 2007 with the following members present: Commission members present: Chairman Glenn Bodwin Vice Chairman Lynda Kay Makin Commissioner Sina Nejad Commissioner Marty Craig Commissioner Walter Kyles Commissioner Greg Dykeman Commissioner Ted Moor Commissioner Patrick Gibbs Alternate Commissioner Randall Collins Commission members absent: Commissioner Dale Hallmark Alternate Commissioner Steven Johnson Councilmembers present: Mayor Becky Ames Mayor Pro-Tem Audwin Samuel Councilmember-at-Large W. L. Pate Councilmember-at-Large Gethrel Williams -Wright Councilmember Nancy Beaulieu Councilmember Jamie Smith Councilmembers absent: Councilmember Alan Coleman Also present: Stephen Richardson, Planning Manager; Jill Cole, Recording Secretary; Adina Abshire, Planner; Tom Warner, Public Works Director; 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 16, 2007. Commissioner Kyles seconded the motion. Motion to approve carried 9:0. Planning Commission August 20 , 2007 REGULAR MEETING 1) Replat - Lots 1_5_,16,_16A, 17 & 18, Westchase Village, Section 4: Consider the Replat of Lots 15-18, Block 7, Westchase Village, Section 4 into Lots 15, 16, 16A, 17 and 18, Block 7, Westchase Village, Section 4. Location: 2590-2598 Amberwood and 7850 Cobblestone Court Applicant: Fittz & Shipman, Inc. Mr. Richardson presented the staff report. The replat involves the re -adjustment of three lot lines and the resubdivision of Lot 16 into two lots. The redesigned lots all exceed the minimum lot area, depth and width requirements. This item was sent to all interested parties. No negative responses were received. Fifteen notices were mailed to property owners within the subdivision and within 200 feet. One response in favor and none in opposition were returned.. Mr. Richardson recommended approval. Chairman Bodwin opened the public hearing and asked for the applicant's comments. John Holm with Fittz & Shipman, Inc., 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 the Replat of Lots 15-18, Block 7, Westchase Village, Section 4 into Lots 15,16, 16A,17 and 18, Block 7, Westchase Village, Section 4 at 2590-2598 Amberwood and 7850 Cobblestone Court as requested. Commissioner Makin seconded the motion. Motion to approve carried 8:1 (Moor). 2) Replat - Lots 9A and 9B, Block 4, Amelia Terrace: Consider the Replat of the South % of Lot 9, Block 4, Amelia Terrace into Lots 9A and 9B, Block 4, Amelia Terrace. Location: 8820 and 8850 Gerald Drive Applicant: Faust Engineering & Surveying, Inc. Mr. Richardson presented the staff report. Lots 9A and 9B will contain 0.18 and 0.25 acres, respectively. Wescalder is classified as a major collector. The current right-of-way width is 55'. A suburban major collector requires a minimum 60' right- of-way. E Planning Commission August 20, 2007 Mr. Richardson recommended approval subject to dedicating 2.5' of street right-of- way along the east property line of Lot 9B. This item was sent to all interested parties. No negative responses were received. Twenty notices were mailed to property owners within the subdivision and within 200 feet. No responses in favor or in opposition were received. Chairman Bodwin asked for the applicant's comments. The applicant was not present. Chairman Bodwin asked for comments in favor or in opposition. No comments were made. Commissioner Nejad made a motion to approve the Replat of the South %2 of Lot 9, Block 4, Amelia Terrace into Lots 9A and 9B, Block 4, Amelia Terrace located at 8820 and 8850 Gerald Drive as requested. Commissioner Craig seconded the motion. Motion to approve carried 9:0. 3) Preliminary Plat -Barrington Heights, Phase VIII: Consider the Preliminary Plat of Barrington Heights, Phase VIII; Lots 14-18, Block 6; Lots 13-24, Block 9; Lots 1- 16, Block 10; Lots 1-5, Block 11; Lots 1-2, Block 12 out of the H. Williams Survey, Ab. No. 56. Location: West of Windrose Drive Applicant: Carroll & Blackman, Inc. Mr. Richardson presented the staff report. Barrington Heights, Phase VM is a 14.39 acre, 43 lot single family subdivision. All public improvements will be built to city standards. Sidewalks will be built on both sides of all streets. Valmont Avenue is being built as a collector street with access to Delaware. The plat was sent to all interested parties. The Fire Department is requiring an additional fire hydrant on Valmont. Mr. Richardson recommended approval subject to providing an additional fire hydrant on Valmont Avenue. Chairman Bodwin asked for the applicant's comments. Joe Pattie with Carroll & Blackman, Inc. addressed the Commission. Commissioner Craig made a motion to approve the Preliminary Plat of Barrington Heights, Phase VIII; Lots 14-18, Block 6; Lots 13-24, Block 9; Lots 1-16, Block 10; Lots 1-5, Block 11; Lots 1-2, Block 12 out of the H. Williams Survey, Ab. No. 56 located west of Windrose Drive subject to providing an additional fire hydrant on Planning Commission August 20, 2007 Valmont Avenue. Commissioner Makin seconded the motion. Motion to approve carried 9:0. 4) File 718-OB: Request to abandon a portion of Averill Street from Maime to the dead end of Averill Street. Applicant: Beaumont Housing Authority Mr. Richardson presented the staff report. This item is a request for the abandonment of a 60' x 500' portion of Averill Street. In December, 2006, the Beaumont Housing Authority requested the abandonment of a number of streets and alleys located within the former Fair Park property. The purpose of these abandonments is to facilitate the development of housing by the Housing Authority. City Council approved the abandonments in January, 2007. It was recently discovered that an additional 60' x 500' portion of Averill needs to be abandoned. The purpose of this request is to abandon that portion of Averill which will allow the Housing Authority to develop its property as planned. Mr. Richardson recommended approval of the request. Commissioner Craig made a motion to approve Request to abandon a 60' x 500' portion of Averill Street from Maime to the dead end of Averill Street as requested in File 718-OB. Commissioner Kyles seconded the motion. Motion to approve carried 9:0. ROLL CALL JOINT PUBLIC HEARINGS Mayor Ames called the Joint Public Hearings of August 20, 2007 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 1896-P: Request for a specific use permit to allow a cellular telephone transmission tower in a GC -MD (General Commercial -Multiple Family Dwelling) District. Location: 4155 Laurel Applicant: T-Mobile West Corporation Mr. Richardson presented the staffreport. Dave Petrakovitz, representing T-Mobile West Corporation, has applied for a specific use permit to allow the construction of 4 Plam3ing Commission August 20 , 2007 a 100' tall cell tower on property at 4155 Laurel. The property is the site of the Beaumont Community Players new theater. Mr. Petrakovitz states that due to a large increase in cell phone traffic in the vicinity of the proposed site, T-Mobile has identified a need for enhanced coverage for this part of Beaumont. T-Mobile proposes erecting what is referred to as a unipole. With this type of pole, there is no visible external antennas. It is a modified flagpole design which utilizes fiberglass shrouds or housings on the top of the tower painted to match the tower itself. The tower would be approximately 260' from the nearest residentially zoned property. The Zoning Ordinance requires a minimum distance of 200'. Mr. Richardson recommended approval subject to planting shrubs along the east side of the facility. Seven 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. Dave Petrakovitz, representing T-Mobile West Corporation, addressed the Commission. Chairman Bodwin asked for comments in favor or in opposition. No continents were made. The public hearing was closed. Commissioner Kyles made a motion to approve a specific use permit to allow a cellular telephone transmission tower in a GC -MD District at 4155 Laurel as requested in File 1896-P, subject to the planting of shrubs along the east side of the facility. Commissioner Craig seconded the motion. Motion to approve carried 9:0. 2) File 1897-P: Request for a specific use permit to allow a recreational vehicle park in an RM-H (Residential Multiple Family Dwelling -Highest Density) District. Location: 5775 Erie Street Applicant: Charlie and Beth Boren Mr. Richardson presented the staffreport. Charles and Beth Boren have applied for a specific use permit to allow a 73 space recreational vehicle park on 3.49 acres. In addition to the pad sites there will be a 1,600 sq .ft. structure that will contain the main office, a storage room, a storage garage, laundry room and four shower rooms. 5 Planning Commission August 20, 2007 The Borens state that the noise will be controlled through a strictly enforced 10 p.m. to 6 a.m. curfew by the on -site manager. The property will be surrounded by an 8' tall wood screening fence. Mr. Richardson said that his recommendation was based upon the need to show the necessary setbacks for the pad sites. He spoke to the Borens about that and they have submitted a corrected copy of the site plan. Mr. Richardson recommended approval of the request. Seven notices were mailed to property owners within 200 feet. One response in favor and one in opposition were returned. Mr. Richardson stated that in the staffreport, there are four letters from surrounding property owners that are in favor. One property owner has since rescinded their approval. Another property owner is outside the 200 foot area and there is a question whether or not the third response is from a renter or an owner, according to the tax roll. ' Slides of the subject property were shown. Chairman Bodwin opened the public hearing and asked for the applicant's comments. Beth and Charlie Boren, the applicants, addressed the Commission. Chairman Bodwin asked for comments in favor or in opposition. Gloria Lopez, 5765 Erie, addressed the Commission in opposition to the request. Willie Coleman, 5765 Erie, addressed the Commission in opposition to the request. Ruthie Sells, 5755 Erie, addressed the Commission in opposition to the request. Robert Sells, 5755 Erie, addressed the Commission in opposition to the request. Rebuttal by Charles and Beth Boren. The public hearing was closed. Discussion between the Commission members followed, Commissioner Dykeman made a motion to deny a specific use permit to allow a recreational vehicle park in an RM-H District at 5775 Erie Street as requested in C Planning Commission August 20, 2007 File 1897-P. Commissioner Gibbs seconded the motion. Motion to deny carried 9:0. 3) File 1898-Z: Request for a zone change from RM-M (Residential Multiple Family Dwelling -Medium Density) District to GC -MD (General Commercial -Multiple Family Dwelling) District or more restrictive district. Location: West side of Warren Street, approximately 467' north of W. Cardinal Drive Applicant: Lionel Arsement Mr. Richardson presented the staff report. Lionel Arsement, the owner of the Rockin' A Cafe at 3520 W. Cardinal, is currently expanding his business to include an additional 11,900 sq. ft. of open and enclosed structures. To accommodate this expansion, he is wishing to construct additional parking. The vast majority of the parking will be located north of the existing restaurant. Mr. Richardson spoke with Mr. Arsement about the need to buffer the residences to the east of the proposed zoning. The subject property is currently zoned RM-H to act as a buffer to the residences along the east side of Warren. Mr. Richardson told Mr. Arsement that he would be recommending GC-MD-2 which would require a specific use permit. This would give City Council the ability to restrict the use to parking and to allow them to place any special conditions they deemed necessary to buffer the property. Mr. Richardson recommended approval of GC-MD-2. This would require Mr. Arsement to request a specific use permit in September. Thirteen 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. Lionel Arsement, 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 zone change from RM-M to GC- MD-2 District for property located on the west side of Warren Street, approximately 467' north of W. Cardinal Drive as requested in File 1898-Z. Commissioner Makin seconded the motion. Motion to approve carried 8:0. 7 Planning Commission August 20 , 2007 4) File 1899-P: Request for a specific use permit to allow a youth recreational center in an RS (Residential Single Family Dwelling) District. Location: West side of Broad Oak at Pine Haven Applicant: Jefferson County Drainage District #6 Mr. Richardson presented the staff report. Drainage District #6 has come to an agreement to trade 7.125 acres of the 46.25 acres that they own at this site to the Philippine Association of Beaumont. DD#6 will trade this property for some property on Milam Street. The Association will use the subject property to construct a youth recreational center. The center will include 6,050 that the facility will provide transitional services to female ex -inmates in need of social services. Initially, hours of operation will be from 8 a.m. to 8 p.m. Clients will be assisted with the process of filing for eligible social services and assigned a case manager to follow their case and assist them in all aspects of the process. A long range goal is to maintain 8 transitional beds to assist women who are leaving jail and would otherwise be homeless. Mr. Richardson recommended approval of the request subject to installing one . landscape island within the northeast parking strip. Sixteen notices were mailed to property owners within 200 feet. No responses in favor and four in opposition were returned. Slides of the subject property were shown. Chairman Bodwin opened the public hearing and asked for the applicant's comments. Doug Canant with Drainage District #6 addressed the Commission. Chairman Bodwin asked for comments in favor or in opposition. Mrs. Quinton, 4285 Ashton Lane, addressed the Commission in favor of the request. Jerry George, 1154 Edgewater, addressed the Commission in opposition to the request. Charlie Berryhill,11480 Glenbrook, addressed the Commission in opposition to the request. The public hearing was closed. Rebuttal by Doug Canant. Planning Commission August 20 , 2007 Commissioner Moor made a motion to approve a specific use permit to allow a youth recreational center in an RS District on the west side of Broad Oak at Pine Haven as requested in File 1899-P, subject to installing one landscape island within the northeast parking strip. The motion failed for lack of a second. Commissioner Kyles made a motion to deny a specific use permit to allow a youth recreational center in an RS District on the west side of Broad Oak at Pine Haven as requested in File 1899-P. Commissioner Craig seconded the motion. Motion to deny carried 7:1 (Moor). 5) File 1900-P: Request for a specific use permit to allow a general office complex in a GC-MD-2 (General Commercial -Multiple Family Dwelling-2) District. Location: 2340 Dowlen Road Applicant: Taher Quraishi Mr. Richardson presented the staff report. The applicant, Taher Quraishi, received a specific use permit for an office building in October, 2004. The original specific use permit contained three one-story buildings totaling approximately 16,000 square feet. The Zoning Ordinance states that unless construction has commenced and is substantially underway within a two-year time period, the specific use permit shall become null and void. Since the two-year time period has expired, Mr. Quraishi is again requesting approval of a specific use permit to allow an office complex. The newly submitted site plan has been revised from the original. It includes two one-story buildings and one 1-1/2 story building totaling 18,300 sq. ft. in a different configuration. Mr. Richardson recommended approval subject to no median cut on Dowlen Road, installing an 8' wood screening fence and 10' wide landscape strip along the east property line and modifying the two easterly buildings to provide for a 15' rear building setback or get a variance from the Zoning Board of Adjustment. 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 comments. Mr. Quraishi, the applicant, addressed the Commission. E Planning Commission August 20, 2007 Chairman Bodwin asked for comments in favor or in opposition. No comments were made. The public hearing was closed. Commissioner Nejad made a motion to approve a specific use permit to allow a general office complex in a GC-MD-2 District at 2340 Dowlen Road as requested in File 1900-P, subject to the following conditions: 4 No new median cut on Dowlen Road will be allowed. U An 8' tall wood screening fence and 10' wide landscape strip will be required along the east property line. G The two easterly buildings must be modified to provide for a 15' rear building setback or a variance must be granted by the Zoning Board of Adjustment. Restrict all buildings on the subject property to one story, Commissioner Moor seconded the motion. Motion to approve carried 8:0. 6) File 1901-P: Request for an amended specific use permit to allow the expansion of a mini -warehouse storage facility in a GC -MD (General Commercial -Multiple Family Dwelling) District. Location: 5945 Cole Applicant: Jim Speed Mr. Richardson presented the staff report. The applicant, Jim Speed, received approval for a mini -warehouse facility in July, 2003. He would like to construct an additional 7,000 sq. ft. building to the east of the existing buildings. An additional access drive will be constructed to enter and exit onto Cole Road. An WWI wood screening fence will be extended along the south property line along with a 21' wide landscape strip. Mr. Richardson recommended approval of the request subject to locating the additional seven parking spaces as required. Seventeen notices were mailed to property owners within 200 feet. None 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. Jim Speed, the applicant, addressed the Commission. Chairman Bodwin asked for continents in favor or in opposition. No comments were made. The public hearing was closed. 10 Planning Commission August 20, 2007 Commissioner Kyles made a motion to approve an amended specific use permit to allow the expansion of a mini -warehouse storage facility in a GC -MD District at 5945 Cole as requested in File 1901-P, subject to the following condition: Locate the additional seven parking spaces that are required. Commissioner Craig seconded the motion. Motion to approve carried 8:0. 7) File 1902-P: Request for a specific use permit to allow a dental office in a GC-MD- 2 (General Commercial -Multiple Family Dwelling-2) District. Location: East side of Delaware Extension, approximately 106' northeast of Wilcox Lane Applicant: Daron Etie Mr. Richardson presented the staff report. In June, 2005, Daron Etie and his partners received a specific use permit to allow a dental office, optometry office and day care center. The Zoning Ordinance states that construction must commence and be substantially underway within a two-year time period or the specific use permit will be become null and void. The original specific use permit included 8,000 sq. ft. of medical offices in two buildings and an 8,000 sq. ft. day care center. The new specific use permit request is for a 2,475 sq. ft. dentist office in a single building. Mr. Richardson recommended approval subject to providing an 8' tall wood screening fence and 10' wide landscape strip along the east and south property lines. 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 continents. Peter Cass addressed the Commission. Mr. Cass is one of Mr. Etie's partners. Discussion followed between Mr. Cass, the Commission and staff. It was determined that the applicant would have to come back before the Commission for approval of the optometry office. Chairman Bodwin asked for comments in favor or in opposition. No comments were made. The public hearing was closed. 11 Planning Commission August 20, 2007 Commissioner Craig made a motion to approve a specific use permit to allow a dental office in a GC-MD-2 District located on the east side of Delaware Extension, approximately 106' northeast of Wilcox Lane as requested in File 1902-P, subject to providing an 8' tall wood screening fence and 10' wide landscape strip along the east and south property lines. Commissioner Makin seconded the motion. Motion to approve carried 8:0. WORKSHOP Discussion of temporary storage units Mr. Richardson introduced Jim and Donna Wade. Mr. and Mrs. Wade addressed the Commission and Council. They own Southeast Texas Portable Moving and Storage, L.L.C., doing business as PODS, Portable On Demand Storage. They reviewed some of the features of the storage units and explained how the units are used. Discussion of building and design controls in the Calder Place 1929 Neighborhood Chris Boone, Development Services Manager, addressed the Commission and explained the proposed overlay district for the Calder Place 1929 Neighborhood, OTHER BUSINESS THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED AT 5:55 P. M. 12