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Home My WebLink About1-22-07 PC MinutesMINUTES REGULAR MEETING AND JOINT PUBLIC HEARINGS PLANNING COMMISSION CITY COUNCIL January 22, 2007 City Council Chambers A Regular Meeting and Joint Public Hearings of the Planning Commission and City Council were held on January 22, 2007 with the following members present: Commission members present: Chairman Glenn Bodwin Commissioner Sina Nejad Commissioner Marty Craig Commissioner Laurie Leister Commissioner Walter Kyles Alternate Commissioner Randall Collins Alternate Commissioner Steven Johnson Commission members absent: Vice Chairman Lynda Kay Makin Commissioner Dale Hallmark Commissioner Greg Dykeman Commissioner Ted Moor Councilmembers present: Mayor Guy Goodson Councilmember-at-Large Becky Ames Councilmember Lulu Smith Councilmember Audwin Samuel Councilmember Bobbie Patterson Councilmembers absent: Mayor Pro -Tern Nancy Beaulieu Councilmember-at-Large Andrew Cokinos Also present: Stephen Richardson, Planning Manager; Jill Cole, Recording Secretary; Adina Abshire, Planner; Tyrone Cooper, City Attorney; Tom Warner, Public Works Director; Chris Boone, Development Services Manager APPROVAL OF THE MINUTES Commissioner Craig made a motion to approve the minutes of the Regular Meeting and Joint Public Hearings held December 18, 2006. Commissioner Collins seconded the motion. Motion to approve carried 7:0. Planning Commission January 22, 2007 REGULAR MEETING 1} File 709-OB: Request to abandon a 20' alley in Block 66, North Addition. Location: South side of Isla, between Forrest and Cable Applicant: Fellowship Missionary Baptist Church Mr. Richardson presented the staff report. Fellowship Missionary Baptist Church is requesting the abandonment of this alley so they can rebuild their church that was severely damaged by Hurricane Rita. The church states that when they bought the land to build their present structure, they did not know the alley existed. This item was sent to all interested parties. Water Utilities recommended denial of the abandonment due to a 6" sanitary sewer main within the alley that provides service to the church and a residence on St. Charles. Mr. Richardson recommended denial of the request. Chairman Bodwin asked for the applicant's comments. The applicant was not present. Commissioner Leister made a motion to deny a request to abandon a 20' alley in Block 66, North Addition, located on the south side of Isla, between Forrest and Cable as requested in File 709-OB. Commissioner Kyles seconded the motion. Motion to deny carried 7:0. 2) Preliminary Plat-Lakeway rive: Consider the Preliminary Plat of Lakeway Drive right-of-way out of the S. Stivers League, Ab. 51. Location: West side of IH-10, between Walden and Brooks Road Applicant: Schaumburg & Polk, Inc. Mr. Richardson presented the staff report. The subject request is for a preliminary plat of Lakeway Drive right-of-way, an approximately 368' long industrial street with a 60' wide right-of-way and a 37' back-to-back pavement width. The purpose of the plat is provide feeder road access to a 136 Phelan tract and a 25 acre Broussard tract of land on the east side of I-10, between Walden and Brooks Road. The property is zoned Light Industrial. The Subdivision Regulations require that industrial streets have a minimum 70' wide right-of-way with a minimum 40' face- to-face street pavement. The applicant is requesting variances to the right-of-way and pavement widths. If these variances are granted, no on -street parking will be allowed. W Planning Commission January 22, 2007 The plat does not show any water and sanitary sewer lines. The applicant states that the developers do not know, at this time, what size lines will be needed. The subdivision regulations allow the Planning Commission to waive, subject to appropriate conditions, the provisions of any or all such improvements because of incompatible grades, future planning, inadequate or lack of connecting facilities or other reasons. The subdivider shall be required to pay his share of the costs of the future improvements prior to approval and recording of the final plat. Mr. Richardson recommended approval of the plat subject to the following conditions and with a waiver of the industrial street right-of-way and pavement widths: • Must reflect some type of turn -around at the end of the street. (Fire) • End of roadway blades required. Three street lights and poles required with proof of payment. (Transportation) • Street shall be constructed with an 8" reinforced concrete pavement with a 6" lime stabilized subgrade. (Engineering) • Verify that TxDOT has granted access to the IR-10 feeder road. (Engineering) • Require that the subdivider pay his share of the costs of the future improvements prior to approval and recording of the final plat. (Planning) • If the variance of the street pavement width is granted, no on -street parking will be allowed. (Engineering) Chairman Bodwin asked for the applicant's comments. Troy Whitehead of Schaumburg and Polk, Inc., addressed the Commission. Commissioner Kyles made a motion to approve the Preliminary Plat of Lakeway Drive subject to the following conditions and with a waiver of the industrial street right-of-way and pavement widths: • Must reflect some type of turn -around at the end of the street. (Fire) • End of roadway blades required. Three street lights and poles required with proof of payment. (Transportation) • Street shall be constructed with an 8" reinforced concrete pavement with a 6" lime stabilized subgrade. (Engineering) • Verify that TxDOT has granted access to the 111-10 feeder road. (Engineering) • Require that the subdivider pay his share of the costs of the future improvements prior to approval and recording of the final plat. (Planning) • If the variance of the street pavement width is granted, no on -street parking will be allowed. (Engineering) 3 Planning Commission January 22, 2007 Commissioner Nejad stated that there doesn't appear to be a technical reason for the 60' wide right-of-way request and could only guess that it was for economical reasons. In response to Commissioner Leis ter, Mr. Whitehead stated that he does not know what use the owners have planned for the property, but said it was probably some sort of industrial development. As platted there is an additional 10' easement on either side of the right-of-way that they have platted on the plat that we submitted. There is adequate room behind the curb for future utilities that is required elsewhere as well as the 10' utility easement that is outside the right-of-way. In response to Commissioner Craig, Mr. Whitehead said there will be no parking on the street because it is a collector. Chairman Bodwin stated that the motion failed due to lack of a second. Commissioner Johnson made a point that there is another request on the agenda that has these exact variances. The Commission has approved a request very similar to these variances. He also questioned whether it was for economical reasons. Tom Warner, Public Works Director, addressed the Commission. In reference to the right-of-way from 60 to 70', the fact that the engineer has set aside an additional 10' easement outside is basically for the utilities. With that additional easement, it is not going to be as much of a concern to the city because there is basically 80' that is allowed for utilities and then 60' for the street. When looking at industrial streets, the City is more concerned about the pavement thickness . The width of the street is only being reduced from 40' to 37'. A parking lane is typically 8' at minimum, so there is not a tremendous amount being taken away from the width of the street that the City feels would adversely affect traffic coming up and down the street. The reasons are economical. Commissioner Kyles restated his original motion. Commissioner Leister seconded the motion. Motion to approve carried 6:1 (Nejad). 3) Preliminary Plat - Acadiana Court: Consider the Preliminary Plat of Acadiana Court; 2.4480 acres in the French Subdivision of the A. Williams Survey, Ab. 385. Location: North of Delaware, west of 19' Street Applicant: Mark Whiteley & Associates, Inc. Mr. Richardson presented the staff report. The subject plat is for a two lot commercial office park development. The property is located on the north side of Delaware, west of 191e and will be accessed by Acadiana Court, a private drive. The request was sent to all interested parties. Engineering, Transportation, Planning and Water Utilities recommend approval based upon the following conditions: 4 Planning Commission January 22, 2007 • Submit hydraulic gradeline analysis for 100 year return. See plat & Exhibit A. TW = invert of existing 21" @ C.I.. (Engineering) • Recommended change in turn radius at cul-de-sac. (Engineering) • Relocate proposed outfall pipe to be tied into existing C.I. Modify C.I. to grate inlet. (Engineering) • Add Note #6. Lots shall be graded to drain towards street and shall not drain onto adjacent lots before and after structures are built. (Engineering) • Add pavement width. (Engineering) • Must add 3 street lights and provide proof of payment. (Transportation) • The water line will need to be placed within the utility easement along Acadiana Court, T back of curb. (Water Utilities) • The water main shall be PVC C-900. (Water Utilities) • The sanitary sewer line should be placed T back of curb and end with a manhole at the cul-de-sac in case the property owner requests the City to take over the street at some future date. (Water Utilities) • The sanitary line should be SDR-35. (Water Utilities) • Provide a P no access easement along Delaware. (Planning) Chairman Bodwin asked for the applicant's comments. Mark Whiteley addressed the Commission and stated that he had no objections to the conditions except for the water line being placed within the utility easement along Acadiana Court. This is contrary to what was discussed in the meeting Mr. Whiteley had with City staff. Mr. Richardson said the Commission could make a motion subject to the verification of that condition. Commissioner Leister made a motion to approve the Preliminary Plat of Acadiana Court subject to the following conditions: • Submit hydraulic gradeline analysis for 100 year return. See plat & Exhibit A. TW = invert of existing 21" @ C.I.. (Engineering) • Recommended change in turn radius at cul-de-sac. (Engineering) • Relocate proposed outfall pipe to be tied into existing C.I. Modify C.I. to grate inlet. (Engineering) • Add Note #6. Lots shall be graded to drain towards street and shall not drain onto adjacent lots before and after structures are built. (Engineering) • Add pavement width. (Engineering) • Must add 3 street lights and provide proof of payment. (Transportation) • The water line will need to be placed within the utility easement along Acadiana Court, T back of curb or as approved by Water Utilities upon further review. • The water main shall be PVC C-900. (Water Utilities) 5 Planning Commission January 22, 2ao7 The sanitary sewer line should be placed 7' back of curb and end with a manhole at the cul-de-sac in case the property owner requests the City to take over the street at some future date. (Water Utilities) The sanitary line should be SDR-35. (Water Utilities) Provide a I'no access easement along Delaware. (Planning) Commissioner Craig seconded the motion. Motion to approve carried 7:0. 4) Preliminary Plat - Washington Boulevard Park: Consider the Preliminary Plat of Washington Boulevard Park; 33.6974 acres out of the C. Williams Survey, Ab-59. Location: South side of Washington, west of 23`d Street Applicant: Mark Whiteley & Associates, Inc. Mr. Richardson presented the staff report. This item is a request for preliminary plat approval of Washington Boulevard Park, a 33.6 acre, 3.1ot, industrial subdivision. The property is located on the south side of Washington, west of 23`d Street. Access to the property will be provided by Parago, a cul-de-sac approximately 1,350' in length with a 60' wide right-of-way and a 37' back-to-back pavement width. The Subdivision Regulations require that industrial streets have a minimum 70' right-of-way and a minimum 40' pavement. In addition, the Subdivision Regulations require that the cul-de-sac not exceed 800' in length. The applicant is requesting variances to all three requirements. If the width variances are granted, no parking will be allowed on the street. This item was sent to all interested parties. Engineering, Water Utilities, DD#6 and Transportation recommended approval subject to conditions. Mr. Richardsonrecommended approval subject to the following conditions and with variances to the street right-of-way and pavement width and to the cul-de-sac length requirements: • Submit a 100 year frequency hydraulic gradient analysis. TW should be at maximum water elevation at outfall ditch or at top of bank. Hydraulic gradeline should exceed top of curb. (Engineering) • Maximum longitudinal run from C.I. to C.I. must be 300'. (Engineering) • Only 150' depth is allowed to drain to street frontage. (Engineering) • Radius of cul-de-sac should be shown & accommodate industrial vehicles. (Engineering) • Street shall be constructed with an 8" reinforced concrete pavement with a 6" lime stabilized subgrade. (Engineering) • If the variance of the street pavement width is granted, no on -street parking will be allowed. (Engineering) • Must add 6 street lights and poles with proof of payment. (Transportation) 3 Planning Commission January 22, 2007 At the storm sewer entrance to the DD#6 ditch, construct a reinforced concrete erosion control structure at the outlet of the pipe according to DD#6's standard detail. (DD#6) The proposed water line and proposed water line easement that runs east/west across Lot 3 will need to be relocated. (Water Utilities) The proposed water line on Parago Circle shall tie into the existing 16" water main on Washington Boulevard. (Water Utilities) Chairman Bodwin asked for the applicant's comments. Sam Parigi, 445 N. 14'e Street, addressed the Commission on behalf of himself, Gerald Farha and the Drago family. Commissioner Leister made a motion to approve the Preliminary Plat of Washington Boulevard Park subject to the following conditions and with variances to the street right-of-way and pavement width and to the cul-de-sac length requirements: • Submit a 100 year frequency hydraulic gradient analysis. TW should be at maximum water elevation at outfall ditch or at top of bank. Hydraulic gradeline should exceed top of curb. (Engineering) • Maximum longitudinal run from C.I. to C.I. must be 300'. (Engineering) • Only 150' depth is allowed to drain to street frontage post development. (Engineering) • Radius of cul-de-sac should be shown & accommodate industrial vehicles. (Engineering) • Street shall be constructed with an 8" reinforced concrete pavement with a 6" lime stabilized subgrade. (Engineering) • If the variance of the street pavement width is granted, no on -street parking will be allowed. (Engineering) • Must add 6 street lights and poles with proof of payment. (Transportation) • At the storm sewer entrance to the DD#6 ditch, construct a reinforced concrete erosion control structure at the outlet of the pipe according to DD#6's standard detail. (DD#6) • The proposed water line and proposed water line easement that runs east/west across Lot 3 will need to be relocated. (Water Utilities) • The proposed water line on Parago Circle shall tie into the existing 16" water main on Washington Blvd. (Water Utilities) Commissioner Craig seconded the motion. Motion to approve carried 6:1(Nej ad). 7 Planning Commission January 22, 2007 ROLL CALL JOINT PUBLIC HEARINGS Mayor Goodson called the Joint Public Hearings of January 22, 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 1861-Z: Request for a zone change f rom R S ( Residential Single Family Dwelling) to GC -MD (General Commercial -Multiple Family Dwelling) District or more restrictive district. Location: East side of S. Major Drive, 276' south of Peveto Road Applicant: Mark Whiteley & Associates, Inc. Mr. Richardson presented the staff report. Mark Whiteley is requesting this zone change for a 41 acre tract of land located on the east side of Major Drive, south of Peveto. The purpose of the request is to allow the development of health care related facilities on the property, beginning with a full care nursing home and a future assisted living center and other related medical and health care facilities. The property owner plans on constructing a roadway with a 60' wide right-of-way through the property for future access. Mr. Richardson recommended approval of a zone change to GC -MD District. Thirty notices were mailed to property owners within 200 feet of the subject property. Two responses in opposition and six in favor were returned. Slides of the subject property were shown. Chairman Bodwin opened the public hearing and asked for the applicant's comments. Mark Whiteley addressed the Commission. Chairman Bodwin asked for comments in favor or in opposition. Tracie Brooks, 2395 Glendale, spoke in opposition to the request due to an increase in traffic and also to the type of development that is proposed. Jim Enderle, 2285 Glendale, addressed the Commission in opposition to the request. 8 Planning Commission January 22, 2007 Elizabeth Aulds, 8285 Pevitot, addressed the Commission and asked for more information on the proposed facility. James Moore of Centex, spoke in favor of the request. Centex is proposing to build health care facilities on the subject property. The public hearing was closed. Commissioner Johnson made a motion to approve a zone change from RS to GC- MD-2 District for the property located on the east side of S. Major Drive, 276' south of Peveoo Road as requested in File 1861-Z. Commissioner Kyles seconded the motion. Motion to approve carried 7:0. 2) File 1862-Z; Request for a zone change from GC -MD (General Commercial - Multiple Family Dwelling) District to GC-MD-2 (General Commercial -Multiple Family Dwelling-2) District or more restrictive district. Location: 1000 blk. (even) of East Virginia, 1000-1100 Wk. of Colorado, 1000 blk. (odd) of Alabama, 1096 Alabama, 1100 blk. of Alabama, 4637 Rolfe Christopher, 1100 blk, of Georgia, 1100 blk. (odd) of Iowa, 1200 blk. of Iowa, 1195 Oregon, 1200 blk. of Oregon, 1158 Vermont, 4600-5100 blk. (even) of MLK Parkway, 5000-5100 blk. (odd) of Heisig, southwest corner of Virginia and MLK Parkway and 5110-5166 Hunter Applicant: City of Beaumont Planning Division Mr. Richardson presented the staff report. This item is a request for a zone change from GC -MD to GC-MD-2 or more restrictivc district for a 44 acre area of land between East Virginia to the north, Rolfe Christopher, Cochran and Heisig to the west, MLK to the east and Florida to the south. The South Park Neighborhood Plan designated this whole area as a Redevelopment Area. I n 2 003, C ity C ouncil a pproved P base l o f t he i mplementation o f t his redevelopment area when RM-H zoning was changed to RCR for an 8 block area. Phase H of this implementation process is to rezone the GC -MD portion to GC-MD- 2. This redevelopment area would allow for residential, some commercial and other uses that would compliment the existing neighborhood and the university community. The subject area consists of a variety of land uses with the majority of the land consisting of multi -family, single family or vacant. Some commercial exists along MLK. This area has deteriorated significantly over the years. As Lamar University continues to make great strides in improving its campus environment, there is a concern over what could be developed in the areas surrounding the university. To create an environment that is conducive to the growth of the university, it is very important to control the type of development that occurs. GC-MD-2, along with the 01 Planning Commission January 22, 2007 existing RCR zoning, would provide the controls that are needed. GC-MD-2 zoning would require a specific use permit for any new use that is proposed for the study area. Mr. Richardson recommended approval of rezoning the subject property to GC- MD-2 District. 180 notices were mailed to property owners within the study area and within 200 feet. No responses in opposition or in favor were returned. Slides of the subject property were shown. Chairman Bodwin opened the public hearing and 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 GC -MD District to GC-MD-2 District for the property located in the 1000 blk. (even) of East Virginia, 1000-1100 blk. of Colorado, 1000 blk. (odd) of Alabama, 1096 Alabama, 1100 blk. of Alabama, 4637 Rolfe Christopher, 1100 blk. of Georgia, 1100 blk. (odd) of Iowa, 1200 blk. of Iowa, 1195 Oregon, 1200 blk. of Oregon, 1158 Vermont, 4600-5100blk. (even) ofMLK Parkway, 5000-5100 blk. (odd) ofHeisig, southwest corner of Virginia and MLK Parkway and 5110-5166 Hunter as requested in File 1862-Z, Commissioner Johnson seconded the motion. Motion to approve carried 7:0. THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED AT 4:21 P. M. 10