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HomeMy WebLinkAbout2-28-05 PC MinutesMINUTES REGULAR IVIEETING AND JOINT PUBLIC HEARINGS PLANNING COMMISSION CITY COUNCIL February 28, 2005 City Counci I Chambers A Regular Meeting and Joint Public Hearings of the Planning Commission and City COL111CII were held on February 28, 2005 with the following members present: Con-unission members present: Chairman Glenn Bodwin Vice Chairman Lynda Kay Makin Corninissioner Dale Hallmark Commissioner Laurie Lcister Commissioner Greg Dykeman Commissioner Dohn LaBiche Commissioner Walter Kyles Corniiiissioner Virginia Hurley Alteftiate Conunissioner Ted Moor Commission members absent: Commissioner Marty Craig Alternate Commissioner Steven Johnson Councilmembers present: Mayor Evelyn Lord Councilmember-at-Large Andrew Cokinos Councilinember Nancy Beaulieu Councilmember Lulu Smith Councilmembers absent: Mayor Pro-Tem Becky Ames Councilinember Bobble Patterson Councilmember Audwin Samuel Also present: Stephen Richardson, Planning Manager; Jill Cole, Recording Secretary, Adina Abshire, Planner; Tyrone Cooper, City Attorney; Tom Warner, Public Works Director; Joe Sanders, First Assistant City Attorney; Kyle Hayes, City Manager APPROVAL OF THE MINUTES Commissioner Moor made a motion to approve the minutes of the Regular Meeting and Joint Public Hearings held January 24., 2005. Vice -Chairman Makin seconded the motion. Motion to approve carried 9:0. Planning Commission Pebruary 28.2005 REGULAR MEETING l) Preliminary Plat - The Crescent on Walden, Phase 1: Consider the Preliminary Plat of The Crescent on Walden, Phase 1. Location: North side of Walden Road, east of Dishman Elementary School Applicant: ABC Engineering Mr. Richardson presented the staff report. Phase 1 of The Crescent consists of a 41.8 acre, 101 lot single family residential development located on the north side of Walden Road, east ofDishman Elementary School. This is Phase 1 of an overall development of 139.8 acres. This property was rezoned to PUD in October, 2004. All streets within the subdivision will be private and will be built to City of Beaumont specifications. The plat was sent to all interested parties. A number of conditions were placed upon the approval of the plat. Mr, Richardson stated that he has reviewed all of the conditions with the project engineer and is in agreement with all the conditions. Mr, Richardson recommended approval of the preliminary plat subject to the following conditions: Move a number of street lights as indicated by the Traffic Manager. (Traffic Manager) o If a median cut is allowed on Walden Road, it must meet all City design requirements. (Traffic Manager) o The proposed 10' and 15' utility easements located on the east and west side of the property must be shown as exclusive water line easements. (Sheet 1) (Water Utilities) U The proposed 60' street easement needs to be designated as a proposed 60' access and utility easement. (Sheet 1) (Water Utilities) Pro-Rata fee will apply for tying into 12" AC Fro -Rats water line, (Sheet 1) (Water Utilities) O Show dimensions from back of curb for the water and sanitary sewer lines. (Sheet 1) (Water Utilities) Add a line valve on South Crescent Loop east of the fire hydrant located on West Crescent Loop. (Sheet 2) (Water Utilities) Proposed 15' utility easement must he an exclusive sanitary sewer easement. (Sheet 2) (Water Utilities) Pro-Rata fee will apply for tying into 72" sanitary sewer main. (Sheet 2) (Water Utilities) Proposed 10" PVC C-900 water line located along the west side of the Section fl: Esplanade needs to maintain a distance of T from back of curb. (Sheet 2) (Water Utilities) Show dimensions from back of curb for the water, and sanitary sewer lines. (Sheet 2) (Water Utilities) Planning Commission February 28,200i Manhole #9 and manhole #10 do not connect on River Rurr. (Sheet 3) (Water Utilities) On Lot 8, Section V: Sienna - show the easement on the east side of the property as a 10' exclusive water line easement. (Sheet 3) (Water Utilities) On Lot 10, Section VI: River Run - show the easement oil the east side of the property as a 10' exclusive water line easement. (Sheet 3) (Water Utilities) Show dimensions from back of curb for the water and sanitary sewer lines. (Sheet 3) (Water Utilities) Indicate size of water line in the Cul-de-sac of River Run. (Sheet 3) (Water Utilities) Proposed 10" PVC C-900 water line located along the west side of Section II: Esplanade - needs to maintain a distance of T from back of curb. (Sheet 3) (Water Utilities) Include under Notes: 1. All lots shall be graded to drain to streets and shall not drain onto adjacent lots before or after structures are built. (Engineering) Meet all Fire Department requirements for fire hydrants, road widths and turning radius'. (Fire Department) Change the names of Crescent and Rosemary Circle. Similar names already exist. (Fire Department) Chairman Bodwin asked for the applicant's comments. Jim Hayes, representative for the applicant, addressed the Commission and answered questions. He stated that some sections of Phase I would have sidewalks. Commissioner LaBiche made a motion to approve the Preliminary Plat of The Crescent on Walden, Phase 1 as requested, subject to the following conditions: Move a number of street lights as indicated by the Traffic Manager. (Traffic Manager) If a median cut is allowed on Walden Road, it must meet all City design requirements. (Traffic Manager) The proposed I0' and 15' utility easements located on the east and west side of the property must be shown as exclusive water line easements. (Sheet 1) (Water Utilities) The proposed 60' street easement needs to be designated as a proposed 60' access and utility easement. (Sheet 1) (Water Utilities) Pro-Rata fee will apply for tying into 12" AC Pro -Bata water line. (Sheet 1) (Water Utilities) 7 Show dimensions from back of curb for the water and sanitary sewer lines. (Sheet 1) (Water Utilities) Add a line valve on South Crescent Loop east of the fire hydrant located on West Crescent Loop. (Sheet 2) (Water Utilities) Proposed 15' utility easement must be an exclusive sanitary sewer easement. (Sheet 2) (Water Utilities) Planning Commission Febrnkory 29. 2005 Pro -Bata fee will apply for rying into 72" sanitary sewer main. (Sheet 2) (Water Utilities) Proposed 10" PVC C-900 water line located along the west side of the Section 11: Esplanade needs to maintain a distance of 7' from back of curb. (Sheet 2) (Water Utilities) Show dimensions from back of curb for the water and sanitary sewer lines. (Sheet 2) (Water Utilities) Manhole #9 and manhole #10 do not connect on River Run. (Sheet 3) (Water Utilities) o On Lot 8, Section V: Sienna - show the easement on the east side of the property as a 10' exclusive water line casement. (Sheet 3) (Water Utilities) On Lot 10, Section VI: River Run - show the easement on the east side of the property as a 10' exclusive water line easement. (Sheet 3) (Water Utilities) Show dimensions from back of curb for the water and sanitary sewer lines. (Sheet 3) (Water Utilities) Indicate size of water line in the cul-de-sac of River Run. (Sheet 3) (Water Utilities) Proposed 10" PVC C-900 water line located along the west side of Section 11: Esplanade - needs to maintain a distance of T from back of curb. (Sheet 3) (Water Utilities) Include under Notes: 1. All lots shall be graded to drain to streets and shall not drain onto adjacent lots before or after structures are built. (Engineering) Meet all Fire Department requirements for fire hydrants, road widths and turning radius'. (Fire Department) Change the names of Crescent and Rosemary Circle. Similar names already exist. (Fire Department) Commissioner Hurley seconded the motion. Motion to approve carried 9:0. 2) File 679-OB: Request to abandon a portion of East Lavaca Street. Location: East of M.L.K. Parkway Applicant: Gerald McCaig for Lamar University Mr. Richardson presented the staff report. Lamar University is requesting the abandonment of the 1000 block of E. Lavaca Street for future development of its campus master plan. Currently, the street provides access only to Lamar's Facilities Management complex, the parking lot for the Montagne Center and as a secondary egress for the KCS rail yard. According to the University's plans, the abandoned street will be used as an entrance drive to the Montagne parking lot. This item was sent to all interested parties. The responses have been to retain a general utility casement. PII[in ineCollin nissioil Febnrin' 218. 2005 'Mr. Richardson recommended approval of the abandonment of a portion of E. Lavaca, subject to a 60' general utility easement being retained. Chairman Bodwin asked for the applicant's comments. Gerald McCaig addressed the Commission on behalf of Lamar University. Commissioner Hurley made a motion to approve a zone change for a portion of East Lavaca Street located east of M.L.K. Parkway as requested in File 679-OB, subject to a 60' general utility easement being retained. Commissioner Kyles seconded the motion. Motion to approve carried 9:0. Mr. Cooper asked for Commissioner Hurley to restate her motion to reflect an abandonment instead of a zone change. Commissioner Hurley made a motion to approve the abandonment of a portion of East Lavaca Street located east of M.L.K. Parkway as requested in File 679-013, subject t o a 6 0' g encral utility e asernent being retained. C ommissioner K yles seconded the motion. Motion to approve carried 9:0. JOINT PUBLIC HEARINGS Mayor Lord called the Joint Public Hearings of February 28, 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 1766-Z: Request for a zone change from NC (Neighborhood Commercial) to GC -MD (General Commercial -Multiple Family Dwelling) District or more restrictive district. Location: 2795 Eastex Freeway Applicant: Jeremiah Brarnmer Mr. Richardson presented the staff report. The applicant, Jeremiah Brammer, is requesting a zone change to allow the operation of a used car sales lot and mechanic shop at 2795 Eastex Freeway. The subject property was originally developed in the 1980's as a service station. Gasoline sales ceased in the late 1990's. The property owner states that the property continued to be used for car repair after the ending of gasoline sales. In March, 2001, the City mistakenly allowed a used car sales business to operate out of this location. A used car sales business is not permitted in an NC District. The building on the property is currently vacant. The Comprehensive Plan designates this area as an "Activity Corridor". However, in reviewing the existing zoning pattern, it appears that the subject property, some freeway frontage north of Delaware and the strip commercial to the south of the subject property was zoned PlanniEig Commission Febnsary 23-2005 NC to protect the RNl-H zoning to the west and the RS zoning on the north side of Delaware. Mr. Richardson recommended denial of the request. Ten notices were mailed to property owners within 200 feet. Two responses in opposition and none in favor were returned. Slides of the subject property were shown. Chairman Bodwin opened the public hearing and asked for the applicant's comments. Jeremiah Brammer, the applicant, addressed the Commission and answered questions. Chairman Bodwin asked for comments in favor or in opposition. No comments were made. The public hearing was closed. Discussion followed between the Cormnission members. Commissioner Leister made a motion to deny a zone change from NC to GC -MD District at 2795 Eastex Freeway as requested in File 1766-Z. Commissioner Hallmark seconded the motion. Motion to deny failed 4:5. (LaBiche, Dykeman, Moor, Kyles, Hurley) Commissioner Dykeman made a motion to approve a zone charge from NC to GC- MD-2 for the property at 2795 Eastex Freeway as requested in File 1766-Z. Conmmissioner Hurley seconded the motion. Commissioner LaBiche explained to the property owner, Bruce Caley, what GC- MD-2 zoning would mean for his property and future uses. Motion to approve carried 8:1. (Hallmark) 2) File 1767-Z: Request for a zone change from GC -MD (General Commercial - Multiple Family Dwelling) to RS (Residential Single Family Dwelling) District. Location: 3320 Delaware Applicant: Genese Pugh Mr. Richardson presented the staff report. The applicant, Ms. Pugh, states that the property is used as a single family residence and would like to pay residential taxes. The properties to the west and south are zoned RS. Mr. Richardson recommended approval of the request. P I'lannine C(1mmisslon February 28. 200i Fifteen noticeswere mailed to property owners within 200 feet. One notice in favor and none in opposition were returned. Slides of the subject property were shown. Chairman Bodwin opened the public hearing and asked for the applicant's comments. The applicant was not present. Chairman Bodwin asked for comments in favor or in opposition. No comments were made. The public hearing was closed. Commissioner Leister made a motion to approve a zone change from GC -MD to RS District for the property at 3320 Delaware as requested in File 1767-Z. Commissioner LaBiche seconded the motion. Motion to approve carried 9:0. 3) File 1768-P: Request for a specific use permit to allow the operation of a cellular telephone transmission tower in an LI (Light Industrial) District. Location: 4940 Fannett Road Applicant: Cingular Wireless Mr. Richardson presented the staff report. Cingular Wireless, the applicant, is requesting this specific use permit to allow the construction of a 180' tall self support cell tower. In addition to the tower, the facility will include an 11' 5" x 20' equipment building, all within a 75' x 75' fenced enclosure. Mr. Richardson recommended approval of the request subject to shrubs being planted in addition to the trees along each side of the facility and that the wood screening fence be extended in height to conceal the barbed wire along the top of the chainlink fence. Eight 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. Chairman Bodwin opened the public hearing and asked for the applicant's comments. Brandt Dozier, representative for Cingular Wireless, addressed the Commission. Mr. Dozier said that the tower will be able to accommodate three other carriers and answered questions regarding lighting. Chairman Bodwin asked for comments in favor or in opposition. No comments were made. The public hearing was closed. Nannine Commission Febnian '_18, 2005 Commissioner Hallmark made a motion to approve a specific use permit to allow the operation of a cellular telephone transmission tower in an LI District at 4940 Fannett Road as requested in File 1768-P, subject to the following conditions: Plant shrubs along each side of the subject property in addition to the trees. The wood screening fence shall be tall enough to conceal the barbed wire along the top of the chainlink fence. Commissioner Hurley seconded the motion. Motion to approve carried 9:0. 4) File 1769-P: Request for a specific use permit to allow the operation of a medical office facility in a GC-MD-2 (General Commercial -Multiple Family Dwelling-2) District. Location: Folsom Drive Extension, approximately 1,950 feet east of Major Drive Applicant: Hamburg Partners, Ltd. Mr. Richardson presented the staff report. Hamburg Partners, Ltd., the applicant, is requesting a specific use permit to allow the operation of a 12,800 sq. ft. family medical practice office building on 3.6 acres of property located on the north side of the Folsom Extension. The proposed facility will complement other developments in the immediate vicinity. To the east is a similar medical practice that is under construction and the ScriptCare headquarters. Mr. Richardson recommended approval of the request. Four notices were mailed to property owners within 300'. One response in favor and none in opposition were returned. Slides of the subject property were shown. Chairman Bodwin opened the public hearing and asked for the applicant's comments. James Hoskinson addressed the Commission on behalf of the applicant. Chairman Bodwin asked for comments in favor or in opposition. Andy Burns, a representative of Hamburg, Ltd., addressed the Cormnission in favor of the request. The public hearing was closed. Commissioner LaBiche made a motion to approve a specific use permit to allow the operation of a medical office facility in a GC-MD-2 District for property located on the Folsom Drive Extension, approximately 1,950 feet east of Major Drive as Plannine Coanmissioii Ftbniem'3.'00-S requested in File 1769-P. Commissioner Kyles seconded the motion. Avlotion to approve carried 9:0, 5) File 1770-P: Request fora. specific usepermitto allow theoperation ofachurchand outreach ministry in an NC (Neighborhood Commercial) District. Location: 3655 Highland Applicant: Kingdom Connection Outreach Church Mr. Richardson presented the staff report. Kingdom Connection Outreach Church is asking for a specific use permit for the property located at 3655 Kighland. The subject property consists of a vacant eonunercial building and related parking. The 7,100 sq. ft. building will be remodeled to include a sanctuary and an assembly hall. The sanctuary will allow for the seating of eighty individuals. Rosie Jones, the minister for the church, states that in addition to church services, the work of the church and the outreach ministry will include providing meals, clothing and limited training and counseling. The church is requesting a modification to the landscaping/screening requirements along the east property line and for the parking lot. Mr. Richardson recommended approval of the request subject to the following condition: A modification to the landscaping/screening requirements along the east property line (no W tall wood screening fence and I landscape buffer) and for the parking lot (no interior landscape islands and no peritneter landscaping along the west and north sides of the parking lot). Twenty-ninc 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. Chairman Bodwin opened the public hearing and asked for the applicant's comments. Rosie Jones, the applicant, addressed the Commission and City Council. Mrs. Janes stated that no one will be living on the premises. In addition to two Sunday worship services, two other days in the week will be days of worship service. Mondays and Thursdays are the days scheduled for now. Chairman Bodwin asked for comments in favor or in opposition. No comments were made. The public hearing was closed. I'ianiling Conlin issloll February 2S. 2005 Commissioner Kyles made a motion to approve a specific use permit to allow the operation of a church and outreach ministry in an NC District at 3655 Highland as requested in File 1770-P, subject to the following condition: A modification to the landscaping/screening requirements along the east property line (no 8'tall wood screening fence and 10' landscapebuffer) and for the parking lot (no interior landscape islands and no perimeter landscaping along the west and north sides of the parking lot). Commissioner Makin seconded the motion. Motion to approve carried 9:0. 6) File 676-OB: Request for an amendment to the Zoning Ordinance, Section 30-31, Landscaping and Screening Requirements, to delete the requirement for trees to be planted when utility lines are overhead. Applicant: City of Beaumont Planning Division Mr. Richardson presented the staff report. Entergy has contacted the City and expressed concern over the placing of trees under utility lines as part of the landscaping requirement for parking lots. The cost of having to trim trees when they interfere with utility lines and the appearance of the trees when they have to be topped are of great concern to Entergy and the other utility companies. The ordinance currently requires that Class B trees be planted under overhead lines. These types of trees are defined as those less than 30' tall when mature. Staff has worked with a local landscape architect on combining a list of trees that typically mature at 15'. However, an Entergy representative states that there are some overhead electrical lines lower than 15' and then phone and cable lines could be under that. Wherefore, staff is recommending that Sec. 30-31 (h) 2 f be amended to read as follows: 6) If overhead lines are present along the perimeter landscape edge, no trees will be required in that perimeter landscape edge. Shrubs will still be required along the perimeter landscape edge. Chairman Bodwin opened the public hearing and asked for cotnrnents. Sam Bethea with Entergy addressed the Commission. The public hearing was closed. Discussion followed between staff; the Commission and Council. 10 Planning Commission February 28. 2005 Mr. Richardson amended his recommendation that Sec. 30-31 (h) 2 f read as follows: 6) If overhead lines are present along the perimeter landscape edge, no trees will be permitted in that perimeter landscape edge. Commissioner Hurley made a motion to approve an amendment to the Zolling Ordinance, Section 30-31(h) 2 f as requested in File 676-OB to read as follows: 6) If overhead lines are present along the perimeter landscape edge, no trees will be permitted in that perimeter landscape edge. Commissioner Hallmark seconded the motion. Commissioner LaBiche suggested that the motion be amended to state that no trees be permitted within 30' of the outermost power lines. Commissioner Hurley stated that she wished to leave the motion as is. Commissioner Hallmark withdrew his second to the motion. Commissioner Hurley withdrew her motion, Cori nissioner LaBiche made a motion to approve a request for an amendment to the Zoning Ordinance, Section 30-31 (h) 2 f as requested in File 676-OB to read as follows: 6) If overhead lines are present along the perimeter landscape edge, no trees will be permitted in that perimeter landscape edge. In addition, no Class A trees shall be permitted within a thirty (30) foot distance from the outennost power line nor shall any Class B trees be permitted within a five (5) foot distance from the outermost power line. Commissioner Hurley seconded the motion. Motion to approve carried 9:0. OTHER BUSINESS THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED AT 5:00 P. M.