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HomeMy WebLinkAbout7-16-07 PC MinutesM.INVTES REGULAR MEETING AND JOINT PUBLIC HEARINGS PLANNING COMMISSION AND CITY COUNCIL City Council Chambers July 16, 2007 A Regular Meeting and Joint Public Hearings of the Planning Corn nission and City Council were held on July 16, 2007 with the following members present: Commission members present: Chairman Glenn Bodwin Commissioner Dale Hallmark Commissioner Sina Nejad Commissioner Marty Craig Commissioner Walter Kyles Commissioner Greg Dykeman Alternate Commissioner Randall Collins Alternate Commissioner Patrick Gibbs Commission members absent: Vice Chairman Lynda Kay Makin Commissioner Laurie Leister Commissioner Ted Moor Alternate Commissioner Steven Johnson Councilmembers present: Mayor Pro -Tern Audwin Samuel Councilmember-at-Large W. L. Pate Councilmember-at-Large Gethrel Williams -Wright Councilmember Alan Coleman Councilmember Nancy Beaulieu CounciImember Jamie Smith Councilmembers absent: Mayor Becky Ames 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 NUNUTES Commissioner Hallmark made a motion to approve the minutes of the Regular Meeting and Joint Public Hearings held June 18, 2007. Commissioner Craig seconded the motion. Motion to approve carried 6:0. Planning Commission July 16, 2007 REGULAR MEETING 1) Replat - Lots IOB and IOC Brookside Place Addition: Consider the Replat of Lot 10, Brookside Place Addition and the east 160' of the north %z of Lot 2, Block 12, Wescalder Fig Acres into Lots IOB and IOC, Brookside Place Addition. Location: 2685 Mahan and 2660 Wescalder Applicant: Mark Whiteley & Associates, Inc. Mr. Richardson presented the staff report. This item is a request for the replat of Lot 10, Brookside Place and the east 160' of the north %2 of Lot 2, Block 12, Wescalder Fig Acres into Lots IOB and 10C, Brookside Place. The property is located at 2685 Mahan and 2660 Wescalder. The property owner of Lot 10, Brookside Place would like to purchase the west 48' x 149.92' of the east 160' of the north ''/Z of Lot 2, Block 12, Wescalder Fig Acres. Doing so will create Lots 1 OB and I OC. Both lots will exceed minimum lot width, depth and area requirements. This item was sent to all interested parties. No negative responses were received. Mr. Richardson recommended approval. Twenty-three notices were mailed to property owners within 200' and within the same subdivision. No responses in favor or in opposition were returned. Commissioner Dykeman, acting as chairman, opened the public hearing and asked for the applicant's continents. Tom Rowe with Mark Whiteley & Associates, Inc. addressed the Commission. Commissioner Dykeman 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 Lot 10, Brookside Place Addition and the east 160' of the north %2 of Lot 2, Block 12, Wescalder Fig Acres into Lots-1 OB and 1 OC, Brookside Place Addition located at 2685 Mahan and 2660 Wescalder as requested. Commissioner Hallmark seconded the motion. Motion to approve carried 6:0. 2) Prelimina Plat - Shammah Stone: Consider the Preliminary Plat of Shammah Stone, a 24.1832 acre tract out of the D. Easley League, Ab. No. 20. Applicant: Soutex Surveyors Mr. Richardson presented the staff report. This item is a request for preliminary plat approval of a 24.13 acre, 90 lot, single family residential subdivision. The property is located on the east side of N. Major, south of Tram. 0) Planning Commission July 16, 2007 (Chairman Bodwin arrived.) Typical lot size will be 55' x 150'. Public improvements will be built to city standards. The property will be served by four 60' wide streets with 27pavement widths. This item was sent to all interested parties. Transportation, Fire, Water Utilities, DD#6 and Engineering placed conditions upon approval of the preliminary plat. Because the property is currently zoned A-R, which requires one acre size lots, the property needs to be rezoned to RS, which is the first item on the joint public hearing agenda. The rezoning of the property to RS would need to be an additional condition for approval of the preliminary plat. Mr. Richardson recommended approval subject to the following conditions: • Provide proof of payment for sixteen street lights and poles. (Transportation) • . Provide the necessary number of fire hydrants as per the Fire Marshall's requirements. (Fire) • Show the existing 15' utility easement which contains the existing sanitary sewer main. (Water Utilities) • Show the existing sewer and water mains on FM 364. (Water Utilities) • Enlarge the proposed utility easement along Major Dr. to a minimum of 10' wide. (Water Utilities) • Show the size of the proposed water main along Major Dr. (Water Utilities) • Rename Jasmine and Minnie Drives. Already have streets by those names. (Water Utilities) • Determine how sanitary sewer is going to serve Lot 21. (Water Utilities) • The proposed 8" water main on Faith can not be routed around the cul-de- sac with 45' bends. (Water Utilities) • Relocate the water main in the cul-de-sac on Jasmine so that the fittings are not under the pavement. (Water Utilities) • Verify that the lift station has enough capacity to handle 90 additional lots and provide a letter reflecting this information. (Water Utilities) • Handle the 100-year rain event as per recommendations outlined in LEAP Engineering's letter dated June 5, 2007. (DD#6) • Drainage plans must be approved by DD#6 and TxDOT. (Engineering) • TxDOT must approve access to Major Dr. (Engineering) • Show existing street features (utilities, ditch, principal roadway). (Engineering) • Show proposed drainage structures. (Engineering) • Show street, driveway and cul-de-sac dimensions and radius'. (Engineering) 3 Planning Commission July 16,2007 Commissioner Dykeman asked for the applicant's comments. Melody Chappell, the property owner, addressed the Commission. Commissioner Kyles made a motion to approve the Preliminary Plat of Shammah Stone subject to the following conditions: • Provide proof of payment for sixteen street lights and poles. (Transportation) • Provide the necessary number of fire hydrants as per the Fire Marshall's requirements. (Fire) • Show the existing 15' utility easement which contains the existing sanitary sewer main. (Water Utilities) • Show the existing sewer and water mains on FM 354. (Water Utilities) • Enlarge the proposed utility casement along Major Dr. to a minimum of 10' wide. (Water Utilities) • Show the size of the proposed water main along Major Dr. (Water Utilities) • Rename Jasmine and Minnie Drives. Already have streets by those names. (Water Utilities) • Determine how sanitary sewer is going to serve Lot 21. (Water Utilities) • The proposed 8" water main on Faith can not be routed around the cul-de- sac with 45' bends. (Water Utilities) • Relocate the water main in the cul-de-sac on Jasmine so that the fittings are not under the pavement. (Water Utilities) • Verify that the lift station has enough capacity to handle 90 additional lots and provide a letter reflecting this information. (Water Utilities) • Handle the 100-year rain event as per recommendations outlined in LEAP Engineering's letter dated June 5, 2007: (DD#6) • Drainage plans must be approved by DD#6 and TxDOT. (Engineering) • TxDOT must approve access to Major Dr. (Engineering) • Show existing street features (utilities, ditch, principal roadway). (Engineering) • Show proposed drainage structures. (Engineering) • Show street, driveway and cul-de-sac dimensions and radius'. (Engineering) and with the condition that the subject property be rezoned to RS District, Commissioner Craig seconded the motion. Motion to approve carried 7:0. ROLL CALL JOINT PUBLIC HEARINGS 4 Planning Commission July 16, 2007 Councilmember Beaulieu called the Joint Public Hearings of July 16, 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 1889-Z: Request fora zone change from A-R (Agricultural Residential) District to RS (Residential Single Family Dwelling) District. Location: East side of N. Major Drive, south of Tram Road Applicant: Shammah Stone, L.L.C. Mr. Richardson presented the staff report. This item is a request for a zone change from A-R to RS for 24.13 acres located on the east side of N. Major, south of Tram. Shammah Stone, L.L.C. is wishing to develop a single family residential subdivision on the subj ect property. Under A-R zoning, the minimum lot size is one acre. The proposed development will have a typical lot size of 0.18 acres. Mr. Richardson recommended approval of the request. Eight notices were mailed to property owners within 200'. 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. Melody Chappell addressed the Commission on behalf of Shammah Stone, L. L. C. Chairman Bodwin asked for continents in favor or in opposition. No continents were made. The public hearing was closed. Commissioner Hallmark made a motion to approve a zone change from A-R (Agricultural Residential) District to RS (Residential Single Family Dwelling) District for property located on the east side of N. Major Drive, south of Tram Road as requested in File 1889-Z. Commissioner Craig seconded the motion. Motion to approve carried 7:0. 2) File 1890-ZIP: Request for a zone change from RM-H (Residential Multiple Family Dwelling -Highest Density) District to GC MD (General Commercial -Multiple Family Dwelling) District and a specific use permit to allow the expansion of a building contractor business in a GC -MD District, Location: 3475 S. I I'e Street Applicant: Kevin Peyton Planning Commission July 16, 2007 (Commissioner Dykeman recused himself from File 1890-ZIP.) Mr. Richardson presented the staff report. This item is a request for a zone change from RM-H to GC -MD and a specific use permit to allow the expansion of a building contractor business at 3475 S. I I1e Street. Williams Insulation Company has been doing business at this location for over 10 years. Williams Insulation installs residential fireplaces, aluminum guttering, overhead doors, cabinets and insulation. No fabrication or manufacturing occurs at the site. Existing improvements consist of an 8,322 sq. ft. metal office/warehouse building and storage yard. The proposed warehouse will be 4,000 sq. ft. and will be used to store cabinets and other materials prior to off -site installation. Mr. Richardson recommended approval of the request. 4.1 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. Kevin Peyton, the applicant, addressed the Commission. Chairman Bodwin asked for comments in favor or in opposition. No continents were made. The public hearing was closed. Commissioner Craig made a motion to approve a zone change from RM-H (Residential Multiple Family Dwelling -Highest Density) District to GC -MD (General Commercial -Multiple Family Dwelling) District and a specific use permit to allow the expansion of a building contractor business in a GC -MD District at 3475 S. 1 I `s Street as requested in File 1890-Z/P. Commissioner Collin_ s seconded the motion. Motion to approve carried 6:0:1 (Dykeman). 3) File 1891-ZIP: Request for a zone change from RS (Residential Single Family Dwelling) District to RM-M (Residential Multiple Family Dwelling -Medium Density) District and a specific use permit to allow a residential care facility for juveniles in an RM-M District, Location: 3895 Kenneth Applicant: Theresa LaVergne Mr. Richardson presented the staff report. This item is a request for a zone change 2 Planning Commission July 16, 2007 from RS to RM-M and a specific use permit to allow a residential care facility for juveniles. The property is located at 3895 Kenneth. The subject property is the site of a former fire station. Theresa LaVergne states that she would like to use the structure for a residential care facility for juveniles. She states that the facility will house 13-16 children. There will be 24 hour supervision with a minimum of 3-4 staff on -site at all times. Ms. LaVergne states that the children who will live at the facility will be from a variety of backgrounds. Initially, it is her desire to accept children from the foster care system, broken homes, etc. She did state that eventually the facility may take children from the justice system, as well. Accepting children from the justice system necessitates a specific use permit. This rezoning could be considered spot zoning. Spot zoning connotes an unacceptable zone change that singles out a single tract for treatment that differs from that accorded similar surrounding land without proof of changes and conditions. Based upon the facts listed in the staff report, Mr. Richardson stated that this zone change request would constitute spot zoning and should not be granted. Mr. Richardson also recommended denial of the specific use permit. Thirty-eight notices were mailed to property owners within 200 feet. Two responses in opposition and one in favor were returned. Slides of the subject property were shown. Discussion followed between staff, the Commission and Council. Mr. Richardson explained spot zoning. Chairman Bodwin opened the public hearing and asked for the applicant's comments. Nicholas LaVergne addressed the Commission on behalf of the applicant, Theresa LaVergne, and answered questions from the Commission and Council regarding the number of children, their ages and the duration of their stay. Chairman Bodwin asked for comments in favor or in opposition. Yvonne Williams, 3910 Brandon, addressed the Commission in opposition to the request. The public hearing was closed. Rebuttal by Mr. LaVergne. 7 Planning Commission July lb, 2007 Commissioner Hallmark made a motion to deny a zone change from RS (Residential Single Family Dwelling) District to RM-M (Residential Multiple Family Dwelling - Medium Density) District and a specific use permit to allow a residential care facility for juveniles in an RM-M District at 3895 Kenneth as requested in File 1891-ZIP. Commissioner Dykeman seconded the motion. Motion to deny carried 7:0. (Commissioner Collins left the meeting.) Mayor Pro-Tem Samuel introduced Patrick Gibbs, the newest member of the Planning Commission and asked him to come up from the audience and join the Commission. 4) File 1892-P: Request for a specific use permit to allow a residential care facility for adult offenders in an RCR (Residential Conservation and Revitalization) District. Location: 2346 McFaddin Applicant: Jimmie Adams Mr. Richardson presented the staff report. This item is a request for a specific use permit to allow a residential care facility for adult offenders in an RCR District. The property is located at 2346 McFaddin. Jimmie and Vernon Adams state 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 fling 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 denial of the request. Thirty-one notices were mailed to property owners within 200 feet. No responses in favor and six in opposition were returned. Slides of the subject property were shown. Chairman Bodwin opened the public hearing and asked for the applicant's comments. Mary Ann Mastrangelo addressed the Commission as representative for the facility and answered questions. Chairman Bodwin asked for comments in favor or in opposition. Planning Commission July 16, 2007 May Beth Baker, 2911 Central Boulevard, Nederland, addressed the Commission in favor of the request. Ms. Baker volunteers at the county jails and counsels women in the facilities. James Segura, 1960 Long, addressed the Commission in favor of the request. Eric Newby, 2368 McFaddin, addressed the Commission in opposition to the request. Paula Blazek, 2534 Long, addressed the Commission on behalf of the Old Town Neighborhood Association in opposition to the request and submitted a petition. Teresa Clum, 2424 McFaddin, addressed the Commission in opposition to the request. Julie Richardson, 1415 Calder, addressed the Commission in opposition to the request on behalf of the Junior League. The Junior League owns property on McFaddin. The public hearing was closed. Rebuttal by Mary Ann Mastrangelo. Comments from the Commission and Council followed. Commissioner Craig made a motion to deny a specific use permit to allow a residential care facility for adult offenders in an RCR (Residential Conservation and Revitalization) District at 2346 McFaddin as requested in File 1892-P. Commissioner Hallmark seconded the motion. Motion to deny carried 6:1 (Bodwin). 5) File 1893-P: Request for an amended specific use permit to allow a repair shop for an equipment rental business in a GC -MD (General Commercial -Multiple Family Dwelling) District. Location: 3450 W, Cardinal Applicant: Alex Herrera Mr. Richardson presented the staff report. This item is a request for a specific use permit to allow a repair shop for the Hertz Equipment Rental business. The subject property is located at 3450 W. Cardinal. Hertz occupies the property to the east of the subject property at 3440 W. Cardinal. Hertz currently uses the subject property to store equipment and for employee parking. 9 Planning Commission July [6,2007 Hertz wishes to construct a 60' x 125' equipment repair shop building on the subject property. The hours of operation will be from 7 a.m. to 5 p.m., Monday - Friday and on call for 24 hour road service outside the facility. Currently, a 6' tall chain . link fence with plastic inserts exists along the north property line. Hertz is going to erect an 8' tall wood privacy fence along the north property line. Mr. Richardson recommend approval subject to the following conditions: No access to the property from Warren. Retain the north 75 feet of the property as a buffer. Thirty-one 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. Derrick Morales addressed the Commission on behalf of the applicant. Chairman Bodwin asked for comments in favor or in opposition. John Poullard, 4510 Irene, addressed the Commission in opposition to the request. The public hearing was closed. Rebuttal by Mr. Morales. Commissioner Dykeman made a motion to approve an amended specific use permit to allow a repair shop for an equipment rental business in a GC -MD District at 3450 W. Cardinal Drive as requested in File 1893-P subject to the following conditions: U No access to the property from Warren. O Retain the north 75 feet of the property as a buffer. U Install a 10' wooden privacy fence along the north boundary with no razor wire visible to the neighbors. G Normal business hours will be 7 a.m. - 5 p.m., Monday - Friday. Commissioner Kyles seconded the motion. Motion to approve carried 7:0. 6) File 1894-P: Request for an amended specific use permit to allow the expansion of a wholesale hearing and air conditioning supply business in a GC -MD (General Commercial -Multiple Family Dwelling) District. Location: 980 N. M.L.K. Parkway Applicant: M & B Investment, L.P. 10 Planning Commission July 16, 2007 Mr. Richardson presented the staff report. The applicant, Mr. Kothawala, states that ACR Supply, the tenant, is willing to sign a new 10 year lease if he is able to construct an additional 5,000 sq. ft. of space to the existing building. The new building, as shown, does not meet the required building setbacks nor does it meet the required landscape width. Mr. Richardson recommended approval of the request subject to the following conditions: Reduce the size of the building to meet required setback or apply to the Board of Adjustment for variances to the building setback requirements along the north and east sides of the property. Provide a 6' wide landscape strip along the southwest 43' of the parking lot. and with a modification to the landscaping requirements along -the northwest 120' of the parking lot and along the east side of the subject property. Twenty-one 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 comments, M. O. Kothawala, the applicant, addressed the Commission. Chairman Bodwin asked for comments in favor or in opposition. BridgetBrown, 1430Harrison, addressed the Commission in. opposition citing noise and traffic. Rebuttal by Mr. Kothawala. The public hearing was closed. Commissioner Craig made a motion to approve an amended specific use permit to allow the expansion of a wholesale hearing and air conditioning supply business in a GC -MD District at 980 N. M.L.K. Parkway as requested in File 1894-P subject to the following conditions: Reduce the size of the building to meet required setbacks or apply to the Board of Adjustment for variances to the building setback requirements along the north and east sides of the property. Provide a 6' wide landscape strip along the southwest 43' of the parking lot. 11 Planning Commission July 16, 2007 and with a modification to the landscaping requirements along the northwest 120' of the parking lot and along the east side of the subject property (no landscape strip along the northwest 120' of the parking lot, a 6' wide landscape strip along the southwest 43' of the parking lot and a 0'-5' wide landscape strip along the east property line). Commissioner Nejad seconded the motion. Motion to approve carried 7:0. 7) File 1895-P: Request for a specific use permit to allow a counseling service in a CBD (Central Business District). Location: 480 Franklin Applicant: Ella Mae Chisum Mr. Richardson presented the staff report. Ella Mae Chisum has been a licensed professional counselor for 8 years. She will use the subject property to provide mental health counseling to individuals, couples and groups. She also receives referrals from the probation and parole office for offenders requiring treatment. During these sessions, the parolelprobation officers also attend the treatment group to monitor the clients. Normally, a counseling service is permitted by right in the CBD. In September, 2006, City Council approved an ordinance temporarily requiring a specific use permit for new uses in the CBD. Mr. Richardson recommended approval 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. 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. No continents were made. The public hearing was closed. Commissioner Kyles made a motion to approve a specific use permit to allow a counseling service in a CBD (Central Business District) at 480 Franklin as requested in File 1895-P. Commissioner Craig seconded the motion. Motion to approve carried 7:0. WORKSHOP - Presentation of off -premise digital advertising signs DVD. 12 j Planning Commission July 16, 2007 8) File 717-OB: Request to amend Section 30-28 (d) of the City of Beaumont Code of Ordinances related to allowing off -premise digital advertising signs. Applicant: City of Beaumont Planning Division Mr. Richardson presented the staff report. At the June meeting, George Crawford with.Lamar Advertising asked the Commission to consider amending the Zoning Ordinance to allow off -premise digital advertising signs or billboards. The proposed amendments define what a digital billboard is; prohibits other off - premise signs to be illuminated by flashing, intermittent or moving lights, except for digital billboards as defined herein; requires that the image or message be static or fixed for no less than 10 seconds; requires that the image or message change to another image or message in a period of two seconds or less; prohibits the image or message to be animated, flashing, scrolling or contain video imagery; requires that the image or message adjust its brightness as ambient light levels change so as not to be visually distracting; and requires that the digital billboard contain a default design that will freeze the sign's image or message if a malfunction occurs. Mr. Richardson recommended approval of the amendment. Chairman Bodwin opened the public hearing and asked for comments. George Crawford addressed the Commission and Council and answered questions. Discussion between the Commission members followed. Commissioner Nejad suggested.that each static message contain just one advertiser. The public hearing was closed. Commissioner Craig made a motion to approve the following amendments to Section 30-28 (d) of the City of Beaumont Code of Ordinances related to allowing off -premise digital advertising signs as requested in File 717-OB: Section 30-4 (Defmitions) - Digital Billboard.- An off -premise advertising sign displaying digital static images controlled by electronic communications. Section 30-28 (d) 3 (Advertising Signs Illumination) - Illumination: Except for digital billboards as provided herein, advertising signs may be illuminated only by indirect lighting subject to the following conditions: a. Signs which contain, include or are illuminated by flashing, intermittent or moving lights are prohibited, except for digital 13 Planning Commission Jufy 16, 2007 billboards, as defined in this chapter. Signs giving public service information such as, but not limited to, time, date, temperature, weather or similar information shall be permitted. b. Lighting shall be shielded to prevent beams or rays from being directed at any portion of a traveled roadway or an occupied residential area and shall not be of such intensity or brilliance as to cause or impair vision. C. Digital billboards that are illuminated shall be subject to the following restrictions: a) The image or message shall be static or fixed and lasting no less than -ten (10) seconds. b) Each screen message is to contain a single advertisement; c) The image or message shall change to another image or message in a period of two seconds or less; d) The image or message shall not be animated; flashing, scrolling or contain video imagery; e) The image or message shall adjust its brightness as ambient light levels change so as not to be visually distracting; and f) The digital billboard shall contain a default design that will freeze the sign's image or message if a malfunction occurs. Commissioner Kyles seconded the motion. Motion to approve carried 7:0. OTHER BUSINESS THERE BEING NO FURTHER BUSINESS, TEE MEETING WAS ADJOURNED AT 4:45 P. M. 14