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HomeMy WebLinkAbout11-18-96 PC MinutesREGULAR MEETING AND JOINT PUBLIC HEARINGS PLANNING COMMISSION AND CITY COUNCIL November 18,1996 City Council Chambers A Regular Meeting and Joint Public Hearing of the Planning Commission and City Council was held on November 18, 1996 with the following members present: Chairman Laurie Leister Vice -Chairman Marva Provo Commissioner Sally Bundy Commissioner Bill Lucas Commissioner Cleveland Nisby Commissioners absent: Commissioner Bessie Chisurn Commissioner Dohn LaBiche Councilmembers present: Mayor David W. Moore Mayor Pro -Tern Andrew Cokinos Councilmember Lulu Smith Councilmember Guy Goodson Councilmember John Davis Councilmember Bobbie Patterson Councilmembers absent: Councilmember-at-Large Becky Ames Also present: Stephen Richardson, Planning Director; Murray Duren, Senior Planner; Tyrone Cooper, First Assistant City Attorney; Maria Trapp, Planning Technician; and Jill Cole, Recording Secretary � �0.1 "WALW1 to Vice -Chairman Provo made a * motion to approve the minutes of the October 21, 1996 Regular Meeting and Joint Public Hearing. Motion was seconded by Commissioner Lucas. Motion to approve carried 5:0. PlanningCommission November 18, 1996 Preliminary Plat - North Concord Subdivision, Section One: Consider the preliminary plat of North Concord Subdivision, Section One; Lots 1-15, Block 1, Lots 1-10, Block 2 and Lots 1-26, Block 3; 14.5383 acres, Thomas Spear Survey. Applicant: Fittz and Shipma❑ for Beaumont Housing Authority Mr. Richardson said that the property is to be developed as a single family residential subdivision. The property is located on the north side of Concord approximately 400 feet east of Judy Lane. The property is to be subdivided into 50 zero lot line single family residential lots. Included is a lot designated for a private recreation facility to be used by the residents of the subdivision. The plat was distributed to all interested parties. Mr. Richardson recommended approval of the preliminary plat subject to meeting the following conditions: 1) Provide 10' general utility easements on all lots along street frontages. 2) Label recreation facility as "private" and provide statement that the City of Beaumont shall not be responsible for maintenance of the recreation facility and the proposed buffer. 3) Revise Lot 11, Block I and Lots 4-6, 8, 15-18, Block 3 to meet 100' minimum lot depth as per Zoning Ordinance. 4) Storm sewer outfalls shall be constructed as per DD#6 requirements. 5) Provide 10'side building setback on east side of Lot 1, Block 1. 6) Show correct property owner. 7) Show enough of right-of-way and pavement of Concord Road to allow the assessment of available sight distance. Sight easements shall be shown in required. 8) Show street lights as per Traffic Engineer's requirements recommendation. 9) Satisfy City Engineer's requirements for drainage. As of Friday, staff received a revised preliminary plat showing where he had addressed conditions 1, 3, 5 and 6. Chairman Leister asked for the applicant's comments. John Holm with Fittz and Shipman, the applicant, addressed the Commission. K PlanningCommission November 18,1996 In response to Commissioner Lucas, Mr. Holm said he did not have a problem with all the conditions and addressed item number seven concerning the visibility on Concord Road. He said they have studied aerial photographs and survey crews are locating facilities on ground to insure that there is proper sight distance in the curve. Commissioner Bundy clarified that if the plat conforms with the subdivision requirements, the Commission's only option is to approve it. She also clarified that there will be a public hearing held by the Beaumont Housing Authority where citizens who have concerns about the location will have an opportunity to make comment. Commissioner Nisby asked what affect any action taken by the Planning Commission would have on the Housing Authority's public hearings. Mr. Richardson said that in approving the subdivision plat, the Planning Commission is giving authority to begin breaking ground and developing streets and other improvements. The preliminary plat approval is valid for two years and at such time, if the property is not developed as per the provisions of the subdivision regulations, the preliminary plat expires. Commissioner Bundy made a motion to approve the Preliminary Plat of North Concord Subdivision, Section One as submitted, subject to the conditions listed by staff. Commissioner Lucas seconded the motion. Motion to approve carried 3:2 (Commissioners Provo, Nisby). 2) Preliminary Plat - Florida Heights Subdivision; Lots 1-10, Block I and Lots 1-16, Block 2; 4.873 acres out of Block 25, Iowa Colony, J. W. Bullock League. Applicant: Fittz and Shipman for Beaumont Housing Authority Mr. Richardson said that the subject property is to be developed as a single family residential subdivision. The property is located on the northeast corner of Kenneth and Florida. - The property is to be subdivided into 25 zero lot line single family residential lots. Included is a lot designated for a private recreational facility to be used by the residents of the subdivision. Mr. Richardson said his recommendation of approval of the preliminary plat was subject to the following conditions: K PlanningCommission November 18,1996 1) Provide 10' general utility easements on all lots along all street frontages. 2) Change street names. 3) Label recreation facility as "private" and provide statement that the City of Beaumont shall not be responsible for maintenance of the facility. 4) Provide a 15' exterior side yard for Lot 16, Block 2. 5) Revise Lots 4 and 5, Block 2 to meet 100' minimum lot depth as per the Zoning Ordinance. 6) Show S. Kenneth Street and Florida Avenue intersection. 7) Show street lights as per Traffic Engineer's recommendation. 8) Show correct property owner. 9) Satisfy City Engineer's requirements for drainage. The plat was circulated to all interested parties and they made recommendations of approval subject to the items listed above. Conditions 1, 5, 6 and 8 have been corrected by the engineering firm, therefore Mr. Richardson recommended approval subject to the applicant meeting the remaining conditions. Chairman Leister asked for the applicant's comments. John Holm with Fittz and Shipman addressed the Commission. Discussion between Mr. Holm, City Council and the Commission regarding sales of homes, value of homes, etc. followed. Commissioner Lucas made a motion to deny the Preliminary Plat of Florida Heights Subdivision as submitted. Commissioner Nisby seconded the motion. Motion to deny carried 3:2 (Commissioners Leister, Bundy). Discussion between Commission and Mr. Cooper regarding the provision in the Subdivision Ordinance that states if a preliminary plat is not acted upon within 30 days, it's automatically approved. 3) Preliminary Plat - Alice Keith Subdivision: Lots 1-15, Block 1 and Lots 1-11, Block 2; 5.0949 acres, I W. Bullock League. Applicant: Fittz and Shipman for Beaumont Housing Authority Mr. Richardson said that the subject property is to be subdivided into a single family residential subdivision. The property is located on the east side of Highland Avenue, just north of Alice Keith Park. PlarmingCommission November 18,1996 The property is to be subdivided into 25 zero lot line single family residential lots. Included is a lot designated for a private recreational facility to be used by the residents of the subdivision. The plat was circulated to all interested parties. The Traffic Engineer recommended that a cul-de-sac be placed at the eastern end of the proposed street to prohibit any possible cut -through traffic. Staff looked at that and feels that it would not be an issue in this case. Mr. Richardson said his recommendation of approval of the preliminary plat was subject to the following conditions: 1) Satisfy Fire Marshall's requirements for installation of fire hydrants. 2) Satisfy City Engineer's requirements for drainage. 3) Provide 10'general utility easements on all lots along street frontages. 4) Show correct property owner on the plat. 5) Provide 20' rear setback on lots as required by the Zoning Ordinance. 6) Label recreation facility as "private" and provide statement that the City of Beaumont shall not be responsible for maintenance of the facility. Commissioner Bundy again clarified that if a plat conforms with the subdivision requirements, the Commission's only option is to approve it. Mr. Cooper stated that if the Commission denies a preliminary plat, a reason must be given for denial. Commissioner Nisby said without the input of surrounding neighbors, he feels uncomfortable acting on the preliminary plat. Councilmember Patterson had questions regarding drainage in the area. Mr. Richardson said that the developer must meet drainage requirements for approval. Chairman Leister asked for the applicant's comments. John Holm with Fittz and Shipman, the applicant, addressed the Commission. Commissioner Bundy made a motion to approve the Preliminary Plat of Alice Keith Subdivision subject to the conditions listed. Commissioner Leister seconded the motion. Motion to approve failed 2:3 (Commissioners Lucas, Provo, Nisby). k, PlarmingCommission November 18,1996 Commissioner Nisby made a motion to deny the Preliminary Plat of Alice Keith Subdivision. Vice Chairman Provo seconded the motion. Motion to deny carried 3:2 (Commissioners Bundy, Leister). Mr. Holm stated that the denial of two of the three plats he presented should be supported with a reason for denial and he needed to know the reason so he could tell his clients. Mr. Cooper stated that the Planning Commission will need to provide, in writing, their reasons for denial. JOINT PUBLIC HEARING Mayor Moore called the Joint Public Hearing of November 18, 1996 to order and explained the purpose of the joint hearing process and then turned the meeting over to Chairman Leister. She explained the policies and procedures for the hearing process. 1) File 1332-P: Request for a specific use permit to allow the distribution of wholesale durable goods, i.e., nuts, bolts, fasteners, industrial and construction power tools and accessories, customer service and delivery. The property is zoned GC -MD (General Commercial -Multiple Family Dwelling). Location: 2620 W. Cardinal Drive at Mercantile Applicant: Fastenal Company Mr. Richardson said that the property is the site of a former Pittsburgh Paint retail store. The Fastenal Company distributes nuts, bolts, threaded fasteners, industrial and construction industry power tools and accessories to its customers. Mr. Richardson recommended approval of the specific use permit request because it meets the eight conditions for approval. Seven notices were mailed to property owners within 200 feet. The Planning Division received one response in favor and none in opposition. - Chairman Leister opened the public hearing and asked for the applicant's comments. Todd Anderson with Fastenal Company, the applicant, addressed the Commission. T PlanningCommission November 18,1996 Chairman Leister asked for comments in favor. Tom Lightsey, the property owner, spoke in favor of the request. Chairman Leister asked for comments in opposition. No comments were made. Chairman Leister closed the public hearing. Commissioner Lucas made a motion to approve the specific use permit request as stated in File 1332-P. Commissioner Bundy seconded the motion. Motion to approve carried 5:0. 2) File 1333-P: Request for an amended specific use permit to allow the use of portable classroom buildings at a new private school site and a request to alter the driveways and locations of the proposed permanent school buildings previously approved by City Council on 9/3/96. The property is zoned R-S (Residential Single Family Dwelling). Location: 8200 S.H. 105 Applicant: Cathedral Christian School Mr. Richardson told the Planning Commission that the purpose for the amendment is to allow the temporary use of portable classroom buildings, to alter the driveway and parking lot scheme, to change the locations of the proposed permanent -school buildings and to allow an additional practice field. Based upon building schedules, Cathedral Christian School wants to use portable classrooms on a temporary basis. In addition, the school would also like to revise its site plan by moving permanent buildings to within 260' of Highway 105. The original site plan showed the building setback 460'so they Would be moving the buildings forward 200 feet. This also involves altering the parking�and driveway layout. In doing so, the school has worked closely with the Transportation Engineer and he feels that this new layout would actually work better than the original concept that was approved. The school has also amended the plan to include a practice field located just north of the permanent school buildings. Mr. Richardson recommended approval of the amended specific use permit request, subject to a 30' landscape buffer being installed along the entire cast property line of the subject property as part of Phase I. Thirty-six notices were mailed to property owners within 200 feet of the subject property. One response in favor and one in opposition were returned. IN PlanningCommission November 18, 1996 Chairman Leister opened the public hearing and asked for the applicant's comments. Roger Pricer, Director or Cathedral Christian School, addressed the Commission. Chairman Leister asked for comments in favor or in opposition. No comments were made. Chairman Leister closed the public hearing. Commissioner Bundy made a motion to approve the amended specific use permit request or File 1333-P, subject to a 30' landscape buffer being installed along the entire east property line or the subject property as part of Phase I. Commissioner Nisby seconded the motion. Motion to approve carried 5:0. 3) File 1334-P: Request for a specific use permit to allow the construction of an employee parking lot on a vacant lot zoned RCR (Residential Conservation and Revitalization). Lot is also located in the "Oaks Historic District". Location: 2315 McFaddin Avenue Applicant: Tim Baker (Baker Auto Repair) Mr. Richardson told the Commission and Council that the vacant lot is 50'x 150'. Baker Auto Repair, located Calder at 7th Street, is interested in acquiring this lot for employee parking. Parking is very limited on the Baker Auto Repair lot. The subject property is located between two commercial buildings. To the west is a dentist office, to the east is an old convenience store that is being used as a security company office. The property is located within a block of mixed uses which include commercial, single family residential . and apartments. The site plan, as shown, provides for 13 parking spaces with a driveway onto McFaddin. The Historic District regulations for parking lots require a 25' setback or ' a setback as far as the front of the immediately adjacent buildings be required, whichever is greater. In this particular instance, the dentist office to the west is constructed 48' back from the front property line on McFaddin. Moving the proposed parking lot back to that 48' requirement would require the loss of three parking spaces. Only the Board of Adjustment can grant variances to the setback requirement. Mr. Richardson recommended approval of the specific use permit request, subject to the following conditions: L-11 PlanningCommission November 18, 1996 L No access to the parking lot be allowed on McFaddin. The north end of the parking lot be landscaped with a minimum 6' wide landscape edge planted in accordance with Section 30-31 (c) (3) of the Zoning Ordinance. 3. The parking lot must be set back 48' from the property line on McFaddin unless application is made to and a variance of the setback requirement from 48' to 25' is granted by the Zoning Board of Adjustment. Fourteen notices were mailed to property owners within 200 feet of the subject property. One response in favor and none in opposition were returned. Chairman Leister opened the public hearing and asked for the applicant's comments. Sylvia Baker of Baker Auto Repair, the applicant, addressed the Commission. In regard to the access on McFaddin, Mrs. Baker proposed a rolling -type Wrought iron fence that could be locked except when employees are arriving and leaving work. In response to a question from Commissioner Lucas, Mrs. Baker said the 48' setback causes a problem and plans to request a variance from the Board of Adjustment. Chairman Leister asked for comments in favor. Speaking in Favor Albert Robertson, 2065 Broadway, Beaumont, Texas. Sam Parigi, 445 N. 14th Street, Beaumont, Texas. David Bradley, 2110 McFaddin, Beaumont, Texas. Chairman Leister asked for comments in opposition. No comments were made. Chairman Leister closed the public hearing. 9 PlanningCommission November 18,1996 Commissioner Bundl, made a motion to approve the specific use permit for e-parkahoot at 2315 McFaddin as requested in File 1334-P, subject to: 1) Allow access McFaddin with a wrought iron gate to be closed except during tfieRo _7—u7rraft30 a.m.-8:30 a.m., 11:30 a.m.-1:30 p.m. and 5:30 p.m.-6:30 p.m. 2) The north end of the parking lot shall be landscaped with a minimum 6' wide landscape edge planted in accordance with Section 30-31 (c) (3) of the Zoning Ordinance; and 3) The parking lot must be set back 48' from the property line on McFaddin unless application is made to and a variance of the setback requirement 'from 48' to 25' is granted by the Zoning Board of Adjustment. Commissioner Lucas seconded the motion. Motion to approve carried 5:0. 4) File 561-OB: Changes to the following sections of the Beaumont Zoning Ordinance: 1. GC -MD a. Article III, Section 30-33, Special Conditions, to add sub- section (b) (23) to require a specific use permit for certain properties or developments in the GC -MD District. b. Article 111, Section 30-25 (b), District Area and Height Regulations, to amend the allowable density for multiple family developments in a GC -MD District. a. Article III, Section 30-26 (g), Specific Use Permits -Time Limits; to amend time limits. b. Article III, Section 30-29 (a), Planned Unit Development Standards and Requirements -General Plan, to remove or amend the required three-quarter (3/4) City Council vote in order to approve a PUD general plan that was disapproved by the Planning Commission; C. Article III, Section 30-30 (d) 3, Non -Conforming Uses - Exemptions, to delete this section which allows one specific use permit to be changed to another without obtaining another specific use permit in the RCR District; d. Article IV, Section 30-40 (f), Changes, Amendments and Specific Use Permits -Time for Action, to delete the automatic approval process of a specific use permit if City Council takes no action within sixty days. ITC PlanningCommission November 19, 1996 e. Article 11, Section 30-14, District Regulations, to delete CSC, Community Shopping Center, District Regulations. Article IL Section 30-24 '(b), Permitted Use Table, to add or delete uses now permitted by right or with a specific use permit in certain zoning categories and to delete the CSC (Community Shopping Center) District. Mr. Richardson reminded the Commission that a public hearing was held on October 21 and this item was tabled at that meeting. A workshop was held on October 28 for City Council, Planning Commission, and interested citizens. At that workshop, City Council discussed creating a committee made up of citizens to work with staff on these possible changes to the Zoning Ordinance. Mr. Richardson said that the Planning Commission could recess the public hearing on File 561-OB until some future date. Mayor Moore said that a 15 member development planning committee would be appointed within the next two weeks by City Council and that this case will be referred to that committee. Mayor Moore suggested that this item be tabled until the February 17, 1997 meeting. Commissioner Bundy made a motion to recess the public hearing on File 561- OB until February 17, 1997. Vice -Chairman Provo seconded the motion. Motion to recess carried 5:0. THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED. 11