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HomeMy WebLinkAbout3-21-05 PC MinutesMINUTES REGULAR MEETING AND JOINT PUBLIC HEARINGS PLANNING COMMISSION CITY COUNCIL March 21, 2005 City Council Chambers A Regular Meeting and Joint Public Hearings of the Planning Commission and City Council were held on March 21, 2005 with the following members present: Commission members present: Chairman Glenn Bodwin Vice Chairman Lynda Kay Makin Commissioner Dale Hallmark Commissioner Laurie Leister Commissioner Walter Kyles Commissioner Virginia Hurley Commissioner Marty Craig Alternate Commissioner Steven Johnson Commission members absent: Commissioner Greg Dykeman Commissioner Dohn LaBiche Alternate Conunissioner Ted Moor Councilmembers present: Mayor Evelyn Lord Mayor Pro-Tem Becky Ames Councilmember-at-Large Andrew Cokinos Councilmember Nancy Beaulieu Councilmember Lulu Smith Councilmember Audwin Samuel Councilmembers absent: Councilmember Bobbie Patterson Also present: Stephen Richardson, Planning Manager; Jill Cole, Recording Secretary; Adina Abshire, Planner; Tyrone Cooper, City Attorney; Joe Sanders, First Assistant City Attorney; Tom Warner, Public Works Director APPROVAL OF THE MINUTES Commissioner Hallmark made a motion to approve the minutes of the Regular Meeting and Joint Public Hearings held February 28, 2005. Commissioner Kyles seconded the motion. Motion to approve carried 7:0. Planning Commission %larch 21.1005 (Commissioner Leister arrived.) REGULAR ;•MEETING l } Replat - Lot 1 Block 4 Driving Park Addition: Consider the request for a replat of Lot I and the adjacent 10' of abandoned 20' alley, Block 4, Driving Park Addition into Lot 4A and Lot LB, Driving Park Addition. Location: 4316 Ogden and 943-949 Essex Applicant: Raymond Gregory IV (A public hearing is required on this file.) Mr. Richardson presented the staff report. The applicant is requesting variances to the minimum lot area and minimum lot depth requirements. The property's address is 4316 Ogden and 943-949 Essex. Raymond Gregory, the property owner, is requesting this replat for financing and insurance purposes. The property is currently developed with a three unit one story house and a four unit two story apartment building, Mr. Gregory states that by dividing the property into two separate Iots, he would be able to retain the residential nature of the property and be able to get a more affordable residential appraisal and insurance for the structures. The replat would make two 50' x 75' lots. RS zoning requires lots of 50' x 100' and 5,000 sq. ft. in area. This replat was sent to all interested parties. No negative responses have been received. Mr. Richardson recommended approval of the replat and the variance requests. Twenty-three notices were mailed to property owners within 200 feetof the subject property. One response in favor and none in opposition were returned. Slides of the subject property were shown. Chairman Bodwin opened the public hearing asked for the applicant's comments. Raymond Gregory, 1V, the applicant, addressed the Commission. Chairman Bodwin asked for comments in favor or in opposition. Denny Allain, 260 S. Parkway Drive, addressed the Commission in favor of the request. Chairman Bodwin closed the public hearing. Planning Commission March 21. 2005 Commissioner Hallmark made a motion to approve a replat of Lot 1 and the adjacent 10' of abandoned 20' alley, Block 4, Driving Park Addition into Lot 1 A and Lot I B, Driving Park Addition as requested with variances to the tninimurn lot area and minimum lot depth requirements. Commissioner Craig seconded the motion. Motion to approve carried 5:3 (Johnson, Leister, Hurley). 2) Preliminary Plat - Windemere Subdivision, Section Two: Consider the Preliminary Plat of Windemere Subdivision, Section Two; Lots 9-10, Block4, Lots 1-16, Block 8, Lots 1-15, Block 9, Lots 1-3, Block 10; 8.354 acres out of the D. Easley League Survey, A-20. Applicant: Fittz and Shipman, Inc. Mr. Richardson presented the staff report. The request is for a 36 lot, single family dwelling residential subdivision. This phase two is an extension of the existing Windemere Addition. Five of the lots will be built on the existing Windeastle and Winderest Drives. The remaining thirty-one lots will be built on an extension of N. Windemere Drive. This p ]at w as s ent t o a 11 i nterested p arties. T he F ire M arshall states t hat t he temporary cul-de-sac turnaround is too small, the water line needs to be looped and the fire hydrant spacing needs to be revised. Mr. Richardson recornrnended approval subject to the following conditions: Relocate and provide additional street lights as required by the Transportation Manager (Transportation) Provide a master plan for the water and sanitary sewer lines for review of the water and sanitary sewer locations and sizing (Water Utilities) Locate the proposed sanitary sewer main within the right-of-way of N. Windemere. Provide a temporary cul-de-sac at the end of N. Windemere Dr., water lines and fire hydrant spacing as per the Fire Marshall's requirements (Fire) Chairman Bodwin asked for the applicant's comments. John Holm ofFittz and Shipman, Inc. addressed the Commission. Mr. Holm stated that he met with Chief Maddox in regard to the cul-de-sac and it is per city standards, so he now accepts that as it is drawn on the plat. One more fire hydrant will also be added. Mr. Holm stated that he would meet with the Water Department the next day to remedy the other conditions. Plannine Commission March ? l . 2005 Commissioner Hurley made a motion to approve the Preliminary Plat of Windemere Subdivision, Section Two subject to the following conditions: U Relocate and provide additional street lights as required by the Transportation Manager (Transportation) U Provide a master plan for the water and sanitary server lines for review of the water and sanitary sewer locations and sizing (Water Utilities) Locate the proposed sanitary sewer main within the right-of-way of N. Windemere, Provide a temporary cul-de-sac at the end of N, Windemere Dr., water lines and fire hydrant spacing as per the Fire Marshall's requirements (Fire) Commissioner Johnson seconded the motion. Motion to approve carried 8:0. JOINT PUBLIC HEARINGS Mayor Lord called the Joint Public Hearings of March 21, 2005 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 1771-Z: Request for a zone change from RCR (Residential Conservation and Revitalization), LI (Light Industrial), HI (Heavy Industrial) to GC -MD (General Cormmercial-Multiple Family Dwelling) District or more restrictive district, LI (Light Industrial) to CBD (Central Business District) or more restrictive district and GC -MD (General Commercial -Multiple Family Dwelling) District and HI (Heavy Industrial) to RM-M (Residential Multiple Family Dwelling -Medium Density) District or more restrictive district. Location: Between Laurel Avenue to the north, College Avenue to the south, Park to the east and M.L.K. Parkway to the west. Applicant: City of Beaumont Planning Division Mr. Richardson presented the staff report. The zone change request is for approximately 100 acres west of downtown. At the suggestion of City Council, the Planning Division undertook a zoning study for the area roughly bounded by Laurel, Park, College and Martin Luther King Parkway. The reason for the request is a concern over what type of development might occur in this area and whether this development would complement the efforts being made by the City and others in redeveloping downtown. The existing zoning in the study area is predominately LI and HI. These two zoning districts permit the most intensive land uses allowed in the Zoning Ordinance. It is questionable whether these types of uses are still appropriate for this area west of downtown. 4 Planlina Commission vlarch 2I , 2005 Along with a number of businesses in the area, much of the subject property is either vacant or occupied with vacant buildings. The study area is prime property for conu-nercial and residential development. If downtown is to grow, the only area for this growth is to the west, There are many businesses that like and/or need the proximity of a downtown location. In addition, the City would very much like to see residential uses in or near the Central Business District. The availability of land might make a portion of the study area an excellent location for a residential neighborhood based on the "New Urbanism" approach. Mr. Richardson recommended approval of the zone change request. 156 notices were mailed to property owners within the study area and within 200 feet. Two responses in favor and two in opposition were returned. Slides of the subject property were shown. Discussion followed between Mr. Richardson and the Commission. Chairman Bodwin opened the public hearing and asked for comments in favor or in opposition. Sam Parigi, 445 N. 14"' Street, addressed the Commission in opposition. Arthur Greenspan, 3440 Eastex Freeway, addressed the Commission in opposition. Mr. Greenspan owns property on Crockett Street. Bob Wortham addressed the Commission in opposition to the request. Merrick Brown, 5380 Hamilton, addressed the Commission in opposition. Milt Prewitt, 750 N. I Ph Street, addressed the Commission in opposition to the request. Mr. Prewitt spoke on behalf of Tideland Specialty, Ltd. Charlie Foxworth, 2580 N. I V' Street, addressed the Commission in opposition to the request. (Commissioner Leister recused herself from File 1771-Z.) Mike Matthews, 400 Neches, addressed the Commission in opposition to the request. Rita Ashley addressed the Commission in opposition to the request. Mrs. Ashley and her husband own the property at 1105 Laurel. The public hearing was closed. 5 Planning Commission March 21, 200i Commissioner hurley suggested tabling the request until a workshop could be held. Commissioner Jolnrson agreed with Commissioner Hurley to table the request. Discussion followed between the Commission. Commissioner Kyles made a motion to deny a zone change from RCR, LI, HI to GC -MD District or more restrictive district, LI to CBD or more restrictive district and G C-MD District a nd H I t o R M-M D istrict o r m ore r estrictive d istrict f or property located between Laurel Avenue to the north, College Avenue to the south, Park to the east and M.L.K. Parkway to the west as requested in File 1771-Z. The motion failed for lack of a second. Commissioner Craig made a motion to table, for a period of 90 days, a zone change from RCR, LI, HI to GC -MD District or more restrictive district, LI to CBD or more restrictive district and GC -MD District and HI to RM-M District or more restrictive district for property located between Laurel Avenue to the north, College Avenue to the south, Park to the east and M.L.K. Parkway to the west as requested in File 1771-Z. Conunissioner Craig suggested that a workshop be held within that 90 day period. Commissioner Hurley seconded the motion. Motion to table carried 6:1 (Kyles):1 (Leister). 2) File 1772-P: Request for a specific use permit to allow a cellular telephone transmission tower in a C-M (Commercial -Manufacturing) District. Location: 6285 Walden Applicant: Voice Stream of Houston (dba T. Mobile) Mr. Richardson presented the staff report. The request is for a specific use permit to allow a cell tower at the rear of Mason Construction Company at 6285 Walden Road. Voice Stream of Houston wishes to construct a 190' tall self-supporting tower within a 65' x 65' lease area along with a 10' x 16' equipment building and 4' x 8' generator pad. The facility will be surrounded by a chainlink fence. The subject property is more than 2,600 feet from the nearest residentially zoned property. Mr. Richardson recommended approval of the request. Twelve notices were mailed to property owners within 200 feet. One response in favor and two in opposition were returned. Slides of the subject property were shown Planning Commission March il. 2005 Chairman Bodwin opened the public hearing and asked for the applicant's continents. Dave Petrokovitz of T. Mobile, the applicant, addressed the Commission. Mr. Petrokovitz stated that he has co -located up to three other carriers on 50' X 50' sites. Chairman Bodwin asked for comments in favor or in opposition. Sean St. John addressed the Commission in favor of the request. Mr. St. John also represents T. Mobile. Robert Wade, 650 N. 9`I' Street, addressed the Commission in opposition to the request. Mr. Wade represents Rhinoceros hic. and the W. A. Hebert Estate, both of which own property within the subject area.. Rebuttal by Dave Petrokovitz. The public hearing was closed. Commissioner Hallmark made a motion to approve a specific use permit to allow a cellular telephone transmission tower in a C-M District at 6285 Walden as requested in File 1772-P. Commissioner Makin seconded the motion. Motion to approve carried 8:0. 3) File 680-OB: Request for an amendment to the Zoning Ordinance, Section 30 to delete GC-MD-3 and to delete halfway houses for delinquents and offenders as a use permitted with a specific use permit in the CBD and PUD Districts. Applicant: City of Beaumont Planning Division Mr. Richardson presented the staff report. In the seven years following its creation, the GC-MD-3 has never been used. Mr. Richardson added that he does not feel that halfway houses for delinquents and offenders is appropriate for the CBD and PUD districts. Mr. Richardson recommended approval of the changes to the ordinance. Chairman Bodwin opened the public hearing and asked for continents in favor or in opposition. No comments were made. The public hearing was closed. Commissioner Leister made a motion to approve an amendment to the Zoning Ordinance, Section 30 to delete GC-MD-3 and to delete halfway houses for delinquents and offenders as a use permitted with a specific use permit in the CBD and PUD Districts as requested in File 680-OB, Commissioner Craig seconded the motion. Motion to approve carried 8:0. Conuuissioner Leister requested that a workshop on cell towers be held in the near future. Plannioe Commission iMarch 21. 2005 OTHER BUSINESS Workshop - Conflict of interest THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED AT 5:00 P. M.