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HomeMy WebLinkAbout1-24-05 PC MinutesMINUTES REGULAR MEETING AND JOINT PUBLIC HEARINGS PLANNING COMMISSION CITY COUNCIL January 24, 2005 City Council Chambers A Regular Meeting and Joint Public Hearings of the Planning Commission and City Council were held on January 24, 2005 with the following members present: Commission members present: Commissioner Lynda Kay Makin Commissioner Date Hallmark Commissioner Laurie Leister Commissioner Marty Craig Commissioner Walter Kyles Commissioner Virginia Hurley Alternate Commissioner Steven Johnson Commission members absent: Chairman Glenn Bodwin Commissioner Greg Dykeman Commissioner Dohn LaBiche Alternate Commissioner Ted Moor Councilmembers present: Mayor Evelyn Lord Mayor Pro -Tern Becky Ames Councilmember-at-Large Andrew Cokinos Councilmember Nancy Beaulieu Councilmember Lulu Smith Councilmember Bobbie Patterson Councilmembers absent: Councilmember Audwin Samuel Also present: Stephen Richardson, Planning Manager; Jill Cole, Recording Secretary; Adina Abshire, Planner; Joe Sanders, FirstAssistant CityAttorney; Tyrone Cooper, City Attorney; Kyle Hayes, City Manager APPROVAL OF THE MINUTES Commissioner Hallmark made a motion to approve the minutes of the Regular Meeting and Joint Public Hearings held December 20,2004. Commissioner Hurley seconded the motion. Motion to approve carried 7:0. Planning Commission January 24, 2005 REGULAR. MEETING 1) Preliminary Plat - Westfield Drive: Consider the Preliminary Plat of Westfield Drive; 1.098 acres out of and part of the W. Dyches League, Ab. No. 17 and A. Duwe Survey, Ab. No. 459. Applicant: L & L Engineers and Planners, Inc. Mr. Richardson presented the staff report. The purpose of the subject plat is to provide a dedicated city street to the existing future phases of the Westfield commercial development west of Old Dowlen Road and north of Dowlen Road. The street is designed with a 60'right-of-way and a 37'pavement width. A right turn lane is being constructed on Old Dowlen Road to allow south bound traffic on Old Dowlen to make a right turn into the development without creating delays on Old Dowlen. Approximately 14 acres to the south of Westfield is planned for retail shopping centers. No use has been established for the remainder of the property. The preliminary plat was reviewed by all interested parties. The Fire Marshall did feel that the proposed street name was too familiar with that of another street. The developer has agreed to a street name change. The developer is willing to comply with all the conditions listed in the staff report. Mr. Richardson recommended approval subject to the following conditions: 0 Change the name of the street. (Fire Marshall) 0 The proposed street, at the Old Dowlen Road intersection, must be widened and a raised median added. (Traffic Manager) a The minimum radius of the cul-de-sac must be increased to 42.5'to better accommodate commercial traffic. (Traffic Manager)\ 0 Include the following note: "Lots shall be graded to drain to streets and shall not drain onto adjacent lots before or after structures are built." (City Engineer) 0 Provide 10'wide general utility easements. (Entergy) Commissioner Makin, acting as Chairman, asked for the applicant's comments. Larry Sheppard addressed the Commission and answered questions from the Commission. Commissioner Johnson made a motion to approve the Preliminary Plat of Westfield Drive as requested subject to the following conditions: Change the name of the street to Muela Creek Drive. (Fire Marshall) The proposed street, at the Old Dowlen Road intersection, must be widened and a raised median added. (Traffic Manager) 2 Planning Commission January 24, 2005 The minimum radius of the cul-de-sac must be increased to 42.5, to better accommodate commercial traffic. (Traffic Manager) Include the following note: "Lots shall be graded to drain to streets and shall not drain onto adjacent lots before or after structures are built." (City Engineer) Provide 10'wide general utility easements. (Entergy) Commissioner Hurley seconded the motion. Motion to approve carried 7:0. Mayor Lord called the Joint Public Hearings of January 24, 2005 to order and explained the purpose of the joint hearing process and then turned the meeting over to Commissioner Makin. She explained the policies and procedures for the hearing process. 1) File 1764-ZIP: Request for a zone change from NC (Neighborhood Commercial) to GC-MD-2 (General Commercial -Multiple Family Dwelling-2) District or more restrictive district and a specific use permit to allow a pharmacy in a GC-MD-2 District. Location: 3800 block of Calder Applicant: Jeff Presnal Mr. Richardson presented the staff report. Jeff Presnal, representing CVS Pharmacy, is requesting a zone change and specific use permit to allow the construction of a 13,000 sq, ft. pharmacy. The current NC zoning limits building size to 4,000 sq. ft., thus the need for the zone change. Part of the existing shopping center will be demolished to allow for the construction of the pharmacy. The pharmacy will be open from 7 am to 10 pin, seven days a week. According to the site plan, the two detached owner identification signs are closer than the required 10'setback. These signs will need to be moved back or receive a variance from the Board of Adjustment. Trees will also need to be planted. Mr. Richardson recommended approval of the zone change and specific use permit subject to the following conditions: Move the detached owner identification signs 10'from the property lines or receive a variance from the Board of Adjustment. (Planning) Trees shall be planted every 25' along the landscape edges on Calder, Phelan and 23'. (Planning) Sixteen notices were mailed to property owners within 200 feet. One response in opposition and three in favor were returned. Mr. Richardson read the responses in opposition, Planning Commission January 24,2005 Slides of the subject property were shown. Commissioner M akin o pened t he p ublic h earing a nd a sked for t he a pplicant's comments. JeffPresnal, representing CVS Pharmacy, addressed the Commission and answered questions regarding the location and emptying of the dumpster, delivery truck size and route, lighting, signage, etc. Commissioner Makin asked for comments in favor or in opposition. Charles Weinbaum addressed the Commission in favor of the request. Mr. Weinbaum owns the subject property. Bob Black, 60122'6 Street, addressed the Commission in opposition to the request. Mark Freeman, 560 22 nI Street, addressed the Commission in opposition to the request. Rebuttal by Jeff Presnal. Discussion followed between the Commission members. The public hearing was closed. Commissioner Hallmark made a motion to approve a zone change from NC to GC- MD-2 District and a specific use permit to allow a pharmacy in a GC-MD-2 District at 3805 Calder as requested in File 1764-Z/P, subject to the following conditions: 0 Move the detached owner identification signs 10' from the property lines or receive a variance from the Board of Adjustment. 0 Trees shall be planted every 25' along the landscape edges on Calder, Phelan and 23'. 0 Delivery truck route shall be changed to use entrance from Phelan and exit onto 23' Street. 0 The sign on the Calder side of the property shall be a monument sign with a m aximum h eight o f 6'a nd t he s ign on the Phelan s ide s hall h ave a maximum height of 15'. 0 The lighting in the parking lot shall be shielded to protect neighboring properties, 0 The vertical compactor enclosure shall be constructed of masonry and stucco and the dumpster enclosure shall be constructed of wood. 0 Store hours will be 7 a.m. to 10 p.m., seven days a week. Commissioner Hurley seconded the motion. Motion to approve carried 7:0. 4 Planning Commission January 24,2005 2) File 1765-P: R equest f or a specific use permit to allow a beauty/barbers hop, property management office and meeting facility in an RCR (Residential Conservation and Revitalization) District. Location: 2406 North Street Applicant: Broussard Properties Mr. Richardson presented the staff report. Keith Broussard, the property owner, is requesting this specific use permit for the old Postal Union headquarters property at 2406 North Street. Mr. Broussard states that the beauty or barber shop will house 2 or 3 chairs. The property management office will employ I person and will be open from 8 a.m. to 5 p.m. He would also like to lease the metal building for small meetings. At maximum capacity, a total of forty parking spaces would be required for all three uses. The site plan only shows ten parking spaces. When the property was used as the Postal Union facility, staff received numerous complaints about the number of cars parking on the street. The parking, as shown, would not accommodate the maximum number of people that all three uses would generate. Mr. Richardson recommended approval of the beauty/barber shop and the property management office only, subject to the following conditions: 0 Limit the uses to a three chair beauty/barber shop and a property management office. 0 Install an 8' tall wood screening fence along the north property line. 0 Pave the remainder of the parking lot in the rear with asphalt. 0 Modification to the landscaping requirements along the north property line (no 10' landscape strip required) and to the landscaping/screening requirements along the east and west property lines (no 8' tall wood screening fence or 10'wide landscape strip required). Twenty-three notices were mailed to property owners within 200 feet. One response in favor and one in opposition were returned. Mr. Richardson read the response in opposition. Slides of the subject property were shown. Commissioner Makin opened the public hearing and asked for the applicant's comments. Keith Broussard, the applicant, addressed the Commission. Commissioner Makin asked for comments in favor or in opposition. Brenda Cansler, 2460 North Street, addressed the Commission. She expressed concerns regarding parking and late hours. Planning Commission January 24, 2005 Rebuttal by Mr. Broussard. The public hearing was closed. Commissioner Hallmark made a motion to approve a specific use permit to allow a beauty/barber shop and property management office in an RCR District at 2406 North Street as requested in File 1765-P, subject to the following conditions: 0 Limit the uses to a three chair beauty/barber shop and a property management office. 0 Install an 8' tall wood screening fence along the north property line. 0 Pave the remainder of the parking lot in the rear with asphalt, directing drainage onto North Street. 0 Modification to the landscaping requirements along the north property line (no 10' landscape strip required) and to the landscaping/screening requirements along the east and west property lines (no 8' tall wood screening fence or 10'wide landscape strip required), Commissioner Craig seconded the motion. Motion to approve carried 7:0, 3) File 678-OB: Request for an amendment to the Zoning Ordinance, Section 30 to allow electronic reader board signs. Applicant: City of Beaumont Planning Division Mr. Richardson presented the staff report. This item is a request to amend the Zoning Ordinance to allow electronic reader board signs in the City. The Zoning Ordinance currently prohibits signs with flashing lights or intermittent illumination, except those signs that cannot be seen from the public right-of-way. The Planning Division has received a number of requests and inquiries for and about electronic reader board signs over the past year. Mr. Richardson stated if it is the desire of the Planning Commission and City Council to allow electronic reader board signs, he has made a number of recommendations on how the Zoning Ordinance can be amended to allow them. Mr. Richardson recommended that such signs shall basically meet the following conditions: 1) The message copy may change no more than four times in a one hour period. 2) Message copy shall not include any flashing, flowing, alternating or blinking lights. 3) Message copy shall be limited to one color. 4) - For service station signs along Dowlen, Hwy. 105 and Major and multi -tenant signs in the Maj or/Dowlen Sign Overlay District; and rel Planning Commission January 24, 2005 For signs permitted in the NSC District and above in the rest of the City, except for the Urban Corridor Sign Overly District That portion of the larger sign that is dedicated to the electronic reader board shall not exceed 60 sq. ft. or 50% of the maximum sign area, whichever is less. Commissioner Makin opened the public hearing and asked for comments in favor or in opposition. Max Dawson, Pastor ofDowlen Road Church of Christ, addressed the Commission. The public hearing was closed. Discussion between the Commission members followed Commissioner Leister made a motion to deny an amendment to the Zoning Ordinance, Section 30 to allow electronic reader board signs as requested in File 678-013. Commissioner Johnson seconded the motion. Motion to deny failed 3:4 (Makin, Hallmark, Hurley, Kyles). Commissioner Hallmark made a motion to approve an amendment to the Zoning Ordinance, Section 30 to allow electronic reader board signs as requested in File 678-OB with the exception that the message copy change no more than one time in a 24 hour period. Commissioner Kyles seconded the motion. Discussion followed between the Commission and staff. Commissioner Hallmark withdrew the motion to approve and made a motion to table the amendment to the Zoning Ordinance, Section 30 to allow electronic reader board signs as requested in File 678-013, so that the a workshop can be scheduled. Commissioner Kyles seconded the motion. Motion to table carried 7:0. OTHER BUSINESS Workshop - Subdivision platting THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED AT 5:25 P. M. a