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HomeMy WebLinkAbout12-18-06 PC MinutesA Regular Meeting and Joint Public Hearings of the Planning Commission and City Council were held on December 18, 2006 with the following members present: Commission members present: Commissioner Sina Nejad Commissioner Dale Hallmark Commissioner Marty Craig Commissioner Greg Dykeman Commissioner Ted Moor Commissioner Walter Kyles Alternate Commissioner Randall Collins Commission members absent: Chairman Glenn Bodwin Vice Chairman Lynda Kay Makin Commissioner Laurie Leister Alternate Commissioner Steven Johnson Councilmembers present: Mayor Guy Goodson Mayor Pro -Tern Nancy Beaulieu Councilmember-at-Large Becky Ames Councilmember Lulu Smith Councilmember Audwin Samuel Councilmember Bobbie Patterson Councilmembers absent: Councilmember-at-Large Andrew Cokinos Also present: Stephen Richardson, Planning Manager; Jill Cole, Recording Secretary; Tyrone Cooper, City Attorney; Tom Warner, Public Works Director; 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 November 20, 2006. Commissioner Collins seconded the motion. Motion to approve carried 6:0. Planning Commission December 18, 2006 REGULAR MEETING 1) File 704-OB: Request to abandon Threadneedle between Block 2 and 3, Pear Orchard Addition between Avenue A and Avenue B and a 20' alley in Block 2, Pear Orchard Addition between Avenue A and Avenue B. Location: Stadium Shopping Center Applicant: Mark Whiteley & Associates, Inc. Mr. Richardson presented the staff report. Mark Whiteley is requesting this abandonment so that the owner of the property can utilize the land on both sides of the rights -of -way for a single purpose. The rights -of -way lie under the Stadium Shopping Center. Mr. Richardson recommended approval of.the request. Commissioner Hallmark, acting as Chairman, asked for the applicant's continents. Tom Rowe with Mark Whiteley & Associates, Inc., the applicant, addressed the Commission. Commissioner Collins made a motion to approve a request to abandon Threadneedle between Block 2 and 3, Pear Orchard Addition between Avenue A and Avenue B and a 20' alley in Block 2, Pear Orchard Addition between Avenue A and Avenue B as requested in File 704-OB. Commissioner Craig seconded the motion. Motion to approve carried 6:0. 2) File 705-OB: Request to abandon 60' x 1580' of Maime Street, 60' x 1220' of Regent Street, 60' x 683' of St. Helena Street, 60' x 300' of Jirou Street, 20' x 500' of alley in Block 9, 20' x 660' of alley in Block 10, 20' x 300' of alley in Block 11, Gold Hill Addition. Location: Fair Park Applicant: Beaumont Housing Authority Mr, Richardson presented the staff report. The Beaumont Housing Authority is requesting these abandonments to allow it to construct new single family and multi- family units on a portion of the Fair Park property. In order to develop the property as planned, the aforementioned streets and alleys must be abandoned. Mr. Richardson recommended approval of the request. Commissioner Craig made a motion to approve a request to abandon 60' x 15 80'of Maime Street, 60' x 1220' of Regent Street, 60' x 683' of St. Helena Street, 60' x 300' of Jirou Street, 20' x 500' of alley in Block 9, 20' x 660' of alley in Block 10, 20' x 300' of alley in Block 11, Gold Hill Addition located at Fair Park as requested in 2 Planning Commission December 18, 2006 File 705-OB. Commissioner Kyles seconded the motion. Motion to approve carried 6:0. 3) File 706-OB: Request to abandon a 5' sanitary sewer easement along the rear of Lots 22 and 23 and part of Lot 24, Block 3, Caldwood Acres Addition. Location: Northwest corner of College and Chamberlin Applicant: Fittz & Shipman, Inc. Mr. Richardson presented the staff report. Fittz & Shipman is requesting this abandonment to allow the property to better accommodate development. A proposed 15' utility easement is to be dedicated at the north end of the property. Water Utilities initially recommended denial of the request due to a 10" sanitary line located in the existing easement. However, the engineer and Fittz & Shipman have worked out the moving of the line to the new easement. Mr. Richardson recommended conditional approval subject to the line being moved to the satisfaction of the Water Utilities Department. Commissioner Hallmark asked for the applicant's comments. Don King with Fittz & Shipman, Inc., the applicant, addressed the Commission. Commissioner Kyles made a motion to approve a request to abandon a 5' sanitary sewer easement along the rear of Lots 22 and 23 and part of Lot 24, Block 3, Caldwood Acres Addition for property at the northwest corner of College and Chamberlin as requested in File 706-OB subject to the 10" sanitary line that is located in the existing easement being moved to the satisfaction of the Water Utilities Department. Commissioner Collins seconded the motion. Motion to approve carried 6:0. (Commissioner Dykeman arrived.) 4) File 707-OB: Request to abandon a 5' sanitary sewer easement along the rear of Lots 21 and 22 and part of Lots 21 and 24, Block 3, Caldwood Acres Addition. Location: Northwest corner of College and Chamberlin Applicant: Fittz & Shipman, Inc. Mr. Richardson presented the staff report. Fittz & Shipman is requesting this abandonment to allow the property to better accommodate development. A proposed 15' utility easement is to be dedicated at the north end of the property. Mr. Richardson recommended approval subject to the line being moved at the expense of the property owner. Planning Commission December 19, 2006 Commissioner Craig made a motion to approve a request to abandon a 5' sanitary sewer easement along the rear of Lots 21 and 22 and part of Lots 21 and 24, Block 3, Caldwood Acres Addition at the northwest corner of College and Chamberlin as requested in File 707-OB, subject to the relocation of the sanitary sewer line at the expense of the property owner. Commissioner Kyles seconded the motion. Motion to approve carried 6:0:1 (Dykeman). 5) Prelimina Plat - Metropolitan Park Drive Phase One: Request for the preliminary plat of Metropolitan Park Drive, Phase One; 15.258 acres out of the H. Williams Survey, Ab. No. 56. Location: 3600 block of Dowlen Road Applicant: Mark Whiteley & Associates, Inc. Mr. Richardson presented the staff report. Mark Whiteley is requesting the first phase plat to dedicate Metropolitan Drive and the necessary utility easements and plat the commercial and multi -family portion of the proposed development. Metropolitan Drive is a minor collector that will connect Phase One and additional phases to Dowlen Road. The subject plat was sent to all interested parties. Conditional approval is based upon conditions from the Fire Department, Water Utilities, Engineering and Planning. Mr. Richardson recommended approval subject to the following conditions: • Provide a fire hydrant layout that meets with the approval of the- F ire Marshall. (Fire) • Label the exclusive 10' waterline easement. (Water Utilities) • Show the size of the proposed water lines. (Water Utilities) • Relocate the water line within the right-of-way of Metropolitan Drive 7' back of the curb. (Water Utilities) • No fittings will be permitted under the pavement, (Water Utilities) • Label the private sanitary sewer line and easement and the size of both the line and easement. (Water Utilities) • Label the size of the existing sanitary sewer easement along the west side of the development. (Water Utilities) • Label the back-to-back width of the Metropolitan Drive pavement. (Engineering) • Provide a 5' wide sidewalk on the south side of Metropolitan Drive. (Engineering and Planning) • Label the sizes of all drainage facilities. (Engineering) • Provide a ditch/swale so as not to impede the natural flow of storm water of adjacent lot to the west by this project into proposed pipe. (Engineering) • Reconcile the name of the street with the name of the preliminary plat. (Planning) Planning Commission December 18, 2006 Commissioner Hallmark asked for the applicant's comments. Tom Rowe with Mark Whiteley & Associates, Inc. addressed the Commission. Commissioner Kyles made a motion to approve the Preliminary Plat of Metropolitan Park Drive, Phase One as requested subject to the following conditions: • Provide a fire hydrant layout that meets with the approval of the Fire Marshall. (Fire) • Label the exclusive 10' water line easement. (Water Utilities) • Show the size of the proposed water lines. (Water Utilities) • Relocate the water line within the right-of-way of Metropolitan Drive 7' back of the curb. (Water Utilities) • No fittings will be permitted under the pavement. (Water Utilities) Label the private sanitary sewer line and easement and the size of both the line and easement. (Water Utilities) • Label the size of the existing sanitary sewer easement along the west side of the development. (Water Utilities) Label the back-to-back width of the Metropolitan Drive pavement. (Engineering) • Provide a 5' wide sidewalk on the south side of Metropolitan Drive. (Engineering and Planning) Label the sizes of all drainage facilities. (Engineering) • Provide a ditch/swale so as not to impede the natural flow of storm water of adjacent lot to the west by this project into proposed pipe. (Engineering) • Reconcile the name of the street with the name of the preliminary plat. (Planning) Commissioner Craig seconded the motion. Motion to approve carried 7:0. 6) Preliminary Plat - Washington Manor, Unit 6: Request for the preliminary plat of Washington Manor, Unit 6; 12.593 acres in Block 37 of the Cartwright and Roberts Subdivision. Location: East side of 23' Street and south of Cartwright Applicant: Mark Whiteley & Associates, Inc. Mr. Richardson presented the staff report. Mark Whiteley and Associates is requesting approval of this 12.5 acre, 30 lot, single family subdivision, Typical lot size will be I00' x 152'. All public improvements will be constructed to current City of Beaumont standards. The applicant is requesting a variance to the to the maximum cut -de -sac length requirement. The length of the proposed cul-de-sac is approximately 1,500'. The street dead -ends at Hillebrandt Bayou. 5 Planning Commission December 18, 2006 The plat was sent to all interested parties. Conditional approval is based upon conditions from Entergy, Water Utilities, Fire and Engineering. Mr. Richardson recommended approval subject to the following conditions and to the variance for the cul-de-sac length: Provide a 10' wide general utility easement along either side of Roberts Street. (Entergy) • Provide an exclusive 10' City of Beaumont water line easement on Lot 16. (Water Utilities) • Show how the proposed water line will tic in on Cartwright Street. (Water Utilities) • Relocate the water and sanitary sewer lines to 7' back of curb. (Water Utilities) • Provide the Water Utilities Department a copy of the encroachment agreement from DD#6 for the proposed 6" water line to be installed within the Hillebrandt Bayou right-of-way. (Water Utilities) • Provide a fire hydrant layout that meets with the approval of the Fire Marshall. (Fire) • Label the pavement width, radii of the cul-de-sac and the size of drainage facilities. (Engineering) Commissioner Hallmark asked for the applicant's comments. Torn Rowe with Mark Whiteley & Associates, Inc. addressed the Commission. Commissioner Craig made a motion to approve Preliminary Plat of Washington Manor, Unit 6 as requested subject to the following conditions and to the variance for the cul-de-sac length: Provide a 10' wide general utility easement along either side of Roberts Street. (Entergy) • Provide an exclusive 10' City of Beaumont water line easement on Lot 16. (Water Utilities) • Show how the proposed water line will tie in on Cartwright Street. (Water Utilities) Relocate the water and sanitary sewer lines to 7' back of curb. (Water Utilities) Provide the Water Utilities Department a copy of the encroachment agreement from DD#6 for the proposed 6" water line to be installed within the Hillebrandt Bayou right-of-way. (Water Utilities) Provide a fire hydrant layout that meets with the approval of the Fire Marshall. (Fire) Label the pavement width, radii of the cul-de-sac and the size of drainage facilities. (Engineering) 2 Planning Commission December 18, 2006 Commissioner Kyles seconded the motion. Motion to approve carried 6:1 (Moor). 7) Preliminary Plat - Westchase Village, Section 8: Request for the preliminary plat of Westchase Village, Section 8; 4.935 acres out of the H. Williams Survey, Ab. No. 56; Lots 2-18, Block 11 Location: East of Whisper Wind Drive Applicant: Fittz & Shipman, Inc. Mr. Richardson presented the staff report. Fittz & Shipman is requesting approval of this 5 acre, 17 lot, single family. subdivision. Typical lot size will vary from minimum widths of 65' - .80' x 141' depth. All public improvements will be constructed to current City of Beaumont standards. The plat was sent to all interested parties. Mr. Richardson recommended approval subject to the following conditions: Correct the width of the drainage easement between Lots 9 and 10 to 20'. (Engineering) Provide an additional 5' utility easement along either side of the 20' drainage easement between Lots 9 and 10. (Entergy) John Holm with Fittz & Shipman addressed the Commission Commissioner Nejad made a motion to approve the Preliminary Plat of Westchase Village, Section 8 as requested subject to the following conditions: Correct the width of the drainage easement between Lots 9 and 10 to 20'. (Engineering) Provide an additional 5' utility easement along either side of the 20' drainage easement between Lots 9 and 10. (Entergy) Commissioner Craig seconded the motion. Motion to approve carried 6:1 (Moor). JOINT PUBLIC HEARINGS Mayor Goodson c alled the Jo int P ublic H earings o f D ecember 18, 2 006,t o order and explained the purpose of the joint hearing process and then turned the meeting over to Commissioner Hallmark. He explained the policies and procedures for the hearing process. 1) File 1831-Z: Request for a zone change from GC -MD (General Commercial - Multiple Family Dwelling) District and RCR (Residential Conservation and Revitalization) District to RS (Residential Single Family Dwelling) District. Location: 2800 Gulf Street Applicant: Beaumont Housing Authority 7 Planning Commission December 18, 2006 Mr. Richardson presented the staff report. This item is a request for a zone change from GC -MD and RCR to RS for 19.6 acres of Fair Park. The Beaumont Housing Authority received a $20 million HOPE VI grant to demolish and redevelop Magnolia Gardens and a portion ofFair Park with 372 units of mixed income housing for rental and home ownership. In order to develop the Fair Park property as planned, the Housing Authority is requesting that the subject property be rezoned to RS. Mr. Richardson recommended approval of the request. Seventy-three notices were mailed to propertyowners within 200 feet of the subject property. One response in opposition and none in favor were returned. Slides of the subject property were shown. Commissioner Hallmark opened the public hearing and asked for the applicant's comments. Robert Reyna with the Beaumont Housing Authority addressed the Commission. Commissioner Hallmark 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 and RCR District to RS District for the property at 2800 Gulf Street as requested in File 1831-Z. Commissioner Craig seconded the motion. Motion to approve carried 6:0. 2) File 1858-P: Request for a specific use permit to allow a business office in an RCR (Residential Conservation and Revitalization) District. Location: 2655 North Street Applicant: Daniel Davis Mr. Richardson presented the staff report. Daniel Davis with D & D Ventures would like to located his office at 2655 North. Mr. Davis owns a number of Little Caesar's Pizza stores and he would conduct the business affairs of his pizza shops from this location. On atypical workday, the only employees will be Mr. Davis and a secretary. Office hours will be 9 a.m. to 5 p.m., Monday through Friday. Five parking spaces are required. In addition to an I P driveway that widens to a 15' parking pad in the backyard, there is a 16' wide parking pad in the front yard. To Planning Commission December 18, 2006 accommodate the necessary parking, a portion of the rear yard would need to be paved. With the desire to return as much of the Old Town neighborhood as possible to its original single family character, permitting commercial uses within residential areas is no longer appropriate. Within the RCR zoned portion of this block, there are three commercial businesses. The rest of the structures are residential. Mr. Richardson recommended denial of the request. Twenty-three notices were mailed to property owners within 200 feet of the subject property. No responses in opposition or in favor were returned. Slides of the subject property were shown. Commissioner Hallmark opened the public hearing and asked for the applicant's comments. Sandy Heidelberg with American Real Estate addressed the Commission on behalf of Mr. Davis. Commissioner Hallmark asked for comments in favor or in opposition. Paula Blazcek, 2534 Long, addressed the Commission in opposition to the request. Commissioner Hallmark closed the public hearing. Commissioner Moor made a motion to deny a specific use permit to allow a business office in an RCR District at 2655 North Street as requested in File 1858-P. Commissioner Craig seconded the motion. Motion to approve carried 6:1 (Dykeman). 3) File 1859-P: Request for a specific use permit to allow a restaurant in an RCR (Residential Conservation and Revitalization) District. Location: 2495 Texas Applicant: Joyce McKinney Mr. Richardson presented the staff report. The applicant, Joyce McKinney, would like to build a restaurant at 2495 Texas. The restaurant will seat approximately 24 persons. Hours of operation will be 10:30 - 6:30, Monday - Saturday. Except for a day care and a vacant lot to the south, the surrounding land uses are residential in nature. In 1987, a specific use permit was granted for a church on this property but the church was never constructed. E Planning Commission December 18, 2006 Mr. Richardson expressed concern over how a restaurant would affect the surrounding residential uses and therefore recommended denial. Twenty-five 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. Commissioner Hallmark opened the public hearing and asked for the applicant's comments. Joyce McKinney, the applicant, addressed the Commission. (Councilman Samuel arrived.) Commissioner Hallmark asked for comments in favor or in opposition. Gail Marie Joubert, 315 Vestal, addressed the Commission in favor of the request. Ms. McKinney answered questions from the Commission and Council. The public hearing was closed. Commissioner Kyles made a motion to approve a specific use permit to allow a restaurant in an RCR District at 2495 Texas as requested in File 1859-P with the condition that the hours be restricted to 10:30 a.m. - 6:30 p.m, Monday through Friday and that no alcoholic beverages be served. Commissioner Craig seconded the motion. Motion to approve carried 7:0. 4) File 1860-P: Request for a specific use permit to allow a church in an RS (Residential Single Family Dwelling) District and an RM-H (Residential Multiple Family Dwelling -Highest Density) District. Location: Northeast corner of Crow Road and Folsom Drive Applicant: Fittz & Shipman, Inc. Mr. Richardson presented the staff report. New Light Church wishes to build a 20,000 sq. ft. sanctuary and a future 17,000 sq. ft. family life center. Access, as shown, will be off of Folsom, Treadway and Crow. The property comprises 7.3 acres. The applicant states that the buildings will be high quality pre-engineered buildings which will be compatible with other developments along Crow Road. 10 Planning Commission December 18.2006 Mr. Richardson recommended approval subject to installing an 8' tall wood screening fence along the north and east property lines and with a modification to the landscape strip along those same property lines. Thirty-three notices were mailed to property owners within 200 feet. Five responses in favor and two response in opposition were returned. Slides of the subject property were shown. Discussion followed between staff, the Commission and Council. Commissioner Hallmark opened the public hearing and asked for the applicant's comments. John Holm with Fittz and Shipman addressed the Commission. Pastor Sheldon Reed of New Light Church addressed the Commission in favor of the request. Commissioner Hallmark asked for comments in favor or in opposition. Irene Griffin addressed the Commission in favor of the request. Mrs. Griffin owns property at 3755 Treadway. Christopher Plaunty spoke in favor of the request. Mr. Plaunty is the real estate agent listing the subject property. Joe Palermo addressed the Commission in favor of the request. Mr. Palermo is Mrs. Fiorenza's brother. Mark Cormier addressed the Commission in opposition to the request. Cynthia Daniel, 3785 Treadway, addressed the Commission in opposition to the request. Joe Tyson, 4635 Folsom, spoke in opposition to the request. Emily Rhine, 4885 Arthur, spoke in opposition to the request. She also spoke on behalf of her son who lives at 4770 Arthur. The public hearing was closed. Rebuttal by John Holm. Mr. Holm addressed the traffic concerns. Commissioner Nejad made a motion to approve a specific use permit to allow a 11 Planning Commission December 18, 2006 church in an RS District and an RM-H District at the northeast corner of Crow Road and Folsom Drive as requested in File 1860-P subject to the following conditions: Install an 8' tall wood screening fence along the north and east property lines; • Modify the landscape strip (0' to 10') along the north and east property lines; • Delete the entrance/exit on Treadway • Installation of lighting that would not disturb the surrounding neighbors. Commissioner Craig seconded the motion. Motion to approve carried 6:1 (Dykeman). 5) File 708-OB: Request for an amendment to the City of Beaumont Zoning Ordinance, Chapter 30, Section 30-23.1 (f 4a to increase the maximum size of a subdivision identification sign in the Major/Dowlen/Gladys/Highway 105 Sign Overlay District. Applicant: City of Beaumont Planning Division Mr. Richardson presented the staffreport. The Zoning Ordinance currently restricts such signs to 20 sq. ft. and 5' in height. Since 2003, the Board of Adjustment has considered two variance requests for such signs. Both signs are on Maj or where the developers made the argument that because of high speed traffic and the fact that the road sits higher than the entrances to the subdivisions, larger signs were needed. Assuming that Major Drive is an extreme situation, Mr. Richardson recommended that a sign that does not exceed 6' (measured twenty-four inches above the curb) and 70 sq. ft. in area is appropriate. Discussion followed between the Commission, Council and staff. Commissioner Craig made a motion to deny an amendment to the City ofBeaumont Zoning Ordinance, Chapter 30, Section 30-23.1(0 4a to increase the maximum size of a subdivision identification sign in the Major/Dowlen/Gladys/Highway 105 Sign Overlay District as requested in File 708-OB, Commissioner Dykeman seconded the motion. Motion to deny carried 7:0. OTHER BUSINESS THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED AT 4:45 P. M. 12