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HomeMy WebLinkAbout11-15-04 PC MinutesMINUTES REGULAR MEETING AND JOINT PUBLIC HEARINGS PLANNING COMMISSION CITY COUNCIL November 15, 2004 City Council Chambers A Regular Meeting and Joint Public Hearings of the Planning Commission and City Council were held on November 15, 2004 with the following members present: Commission members present: Chairman Laurie Leister Vice -Chairman Greg Dykeman Commissioner Dale Hallmark Commissioner Marty Craig Commissioner Walter Kyles Commissioner Virginia Hurley Alternate Commissioner Paul Jones Corrunission members absent: Commissioner Dohn LaBiche Commissioner Glenn Bodwin Commissioner Lynda Kay Makin Alternate Commissioner Ted Moor Alternate Commissioner Steven Johnson 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 Absbire, Planner; Tyrone Cooper, City Attorney; Tom Warner, Public Works Director; Joe Sanders, First Assistant City Attorney; Kyle Hayes, City Manager Planning Commission November 15, 2004 Conu-nissioner Craig made a motion to approve the minutes of the Regular Meeting and Joint Public Hearings held October 18,2004. Commissioner Hallmark seconded the motion. Motion to approve carried 6:0. RI!✓GULAR MEETING 1) Request for a new hearing prior to the expiration of the 12 month waiting period as per Article V, Section 8 (2) of the Planning Commission Bylaws, Location: East side of Old Voth Road, north of Lawrence Drive Applicant: Bruce Craig Mr. Richardson presented the staff report. Bruce Craig made a request in August to rezone 1.97 acres on Old Voth Road. The rezoning to RS was approved. He also wanted to replat the property into 14 single family lots. That replat was denied. Mr. Craig states that since he was unable to obtain approval of the plat he would like to make application to rezone the property back to GC -MD. Article V, Section 8 (2) of the Planning Commission Bylaws allows the Planning Commission to consider a request for a waiver of the 12 month waiting period subject to the applicant providing a written request with pertinent facts which the Planning Commission deem sufficient to warrant a new hearing. (Vice -Chairman Dykernan stated that he would abstain from this case.) Chairman Leister asked for the applicant's comments. Bruce Craig, the applicant, addressed the Commission. Mr. Craig stated that he didn't realize that although his plat was denied, the zone change request would proceed through City Council, Because the plat was denied, he would like the opportunity to request that the zoning be changed back to GC -MD. (Commissioner Kyles arrived.) Comments from the Commission followed. Commissioner Hallmark made a motion to approve a request for a new hearing prior to the expiration of the 12 month waiting period as per Article V, Section 8 (2) of the Planning Commission Bylaws for the property located on the east side of Old Voth Road, north of Lawrence Drive, Commissioner Craig seconded the motion. Motion to approve carried 6:0:1 (Dykeman). PJ Planning Commission November 15, 2004 2) File 673-OB: Request to abandon the west 10' of a 20' wide utility easement being the east 20' of Lots 26 and 27, Block 15, Calder Place Addition. Location: 580 and 590 24'h Street Applicant: Ronnie Pullin, Real Property Coordinator, City of Beaumont for Mr. and Mrs. J. F. Delage, Jr. Mr. Richardson presented the staff report. The subject request is for the abandonment of a 10' x 1125 portion of a utility easement on Lots 26 and 27, Block 15, Calder Place Addition. The easement was created to accommodate a sewer line and an underground septic tank. The septic tank was abandoned and the City maintains a 6" sanitary sewer line in the east 10' of the easement. This request concerns the west 10' of the easement. This item was sent to all interested parties. No objections were received. Mr. Richardson recommended approval of the request. Commissioner Hurley made a motion to approve the request to abandon the west 10' of a 20' wide utility easement being the east 20' of Lots 26 and 27, Block 15, Calder Place Addition located at 580 and 590 24" Street as requested in File 673- OB. Commissioner Jones seconded the motion. Motion to approve carried 7:0. 3) File 674-OB: Request to abandon 14' Street between Calder Avenue and North Street. Applicant: James Pearson for Christus St. Elizabeth Hospital Mr, Richardson presented the staff report. Christus St. Elizabeth is requesting this abandonment as part of a 414,000 square foot addition to the hospital. The hospital states that with the abandonment, it can better delineate and separate ambulance traffic from non -emergency traffic. Improved drainage and landscape features will be designed to help area drainage and to give the campus a more unified appearance. The existing utilities below the street will not be disturbed and will remain under the jurisdiction of the City of Beaumont. This item was sent to all interested parties, Traffic, Streets and Drainage and Water Utilities approved conditionally with the retention of the necessary easements. Mr. Richardson recommended approval of the request subj ect to the retention of the necessary easements. Chairman Leister asked for the applicant's comments. James Pearson, Facility Director for St. Elizabeth Hospital, addressed the Commission. plauning Commission November 15,2004 Commissioner Kyles made a motion to approve the request to abandon 14"' Street between Calder Avenue and North Street as requested in File 674-013, Commissioner Craig seconded the motion. Motion to approve carried 7:0. 4) Amending Plat - Portion of Lots 22 and 23, Beaumont Orange Fig Addition: Request for an amending plat of Lots 22 and 23, Beaumont Orange Fig Addition with a variance of the lot width requirements. Location: 9615 and 9625 Phelan Boulevard Applicant: Faust Engineering and Surveying, Inc. Mr. Richardson presented the staff report. The request is to amend a plat with a waiver of the lot width requirement for property located at 9615-9625 Phelan. The amending plat involves the moving of the lot line between the two lots. This would create a "flag" lot with a 20' street frontage. The property is zoned RS. A 50' minimum lot width is required. The lot width is defined as the horizontal distance between the side lot lines measured at right angles to side lot lines at a point midway between the front and rear lot lines. At the defined point, the proposed Lot 2 is 20' in width. Other -wise, the lot meets the depth and area requirements. Mr. Richardson recommended approval of the request with a waiver of the lot width requirement. Chairman Leister asked for the applicant's comments. Richard Faust of Faust Engineering and Surveying, Inc. addressed the Commission. Commissioner Craig made a motion to approve a request for an amending plat of Lots 22 and 23, Beaumont Orange Fig Addition with a variance of the lot width requirements for the property located at 9615 and 9625 Phelan Boulevard as requested. Commissioner Hurley seconded the motion. Motion to approve carried 7:0. JOINT PUBLIC HEARINGS Mayor Lord called the Joint Public Hearings of November 15, 2004 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 1748-P: Request for a specific use permit to allow a cellular telephone transmission tower in a GC -MD (General Commercial -Multiple Family Dwelling) District. Location: 4151-65 Gladys Applicant: LA Unwired 4 Planning Commission November 15, 2004 Mr. Richardson presented the staff report. The proposed facility will include a 150' tall monopole tower and related equipment all within an 8' tall wood fenced enclosure. A 10'wide landscape strip would be planted along the south property line due to the fact that the property line abuts single family residential uses. Due to the recent proliferation of requests for cell towers, City Council has taken steps to try to minimize the effects these towers might have on nearby property owners. Of most concern are the negative effects these towers might have on nearby residential areas. While this property and the neighboring properties to the east, west and north are zoned and developed cormnercially, the area surrounding this pocket of commercial uses is residential. Mr. Richardson recommended denial of the request based upon the negative effects this tower could have on the, surrounding residential properties. He did suggest if the request was approved, the Commission should require a stealth tower. Fifteen notices were mailed to property owners within 200 feet. One response in favor and three in opposition were returned. Slides of the subject property were shown. Chairman Leister opened the public hearing and asked for the applicant's comments. Sidney Theriot, the applicant, addressed the Commission and answered questions. Chairman Leister asked for comments in favor or in opposition. Carolyn Johnson, 1282 Central Drive, spoke in opposition to the request. Leon Langley, 1265 Central Drive, spoke in opposition to the request. Felix Burrus, 695 Thomas Road, spoke in favor of the request. Mr. Bun -as' son owns the subject property. Sam Parigi, 445 N. 14' Street, spoke in favor of the request. Rebuttal by Mr. Theriot. The public hearing was closed. Chairman Leister made a motion to deny a specific use permit to allow a cellular telephone transmission tower in a GC -MD District at 4151-65 Gladys as requested in File 1748-P. Commissioner Hallmark seconded the motion. Motion to deny failed 2:5 (Dykeman, Craig, Kyles, Hurley, Jones). N plamling Commission November 15,2004 Commissioner Kyles made a motion to approve a specific use permit to allow a cellular telephone transmission tower in a GC -MD District at 4151-65 Gladys as requested in File 1748-P, subject to the following conditions: 1) The tower will be of stealth -type construction resembling a flag pole but without the flag. 2) An Ttall wood screening fence and a I O'wide landscape strip with shrubs and trees 8' tall when planted will be required on all four sides. 3) The tower shall not be in excess of 130'tall. 4) The facility will be constructed to allow for the co -location of other carriers. Commissioner Craig seconded the motion. Motion to approve carried 5:2 (Hallmark, Leister). 2) File 1749-P: Request for a specific use permit to allow a cellular telephone transmission tower in a GC -MD (General Commercial -Multiple Family Dwelling) District. Location: 2949 College Street Applicant: LA Unwired This request was withdrawn by the applicant. 3) File 1750-Z: Request for a zone change from RM-H (Residential Multiple Family Dwelling -Highest Density) to GC -MD (General Commercial -Multiple Family Dwelling) District or a more restrictive district. Location: 3250 Glenwood Street Applicant: James B. Davis Mr. Richardson presented the staff report. According to Mr. Davis, the property owner, he has operated a car repair shop at this location for the last six years. Prior to his purchase of the property, it was used by Beaumont Vault Company as a burial vault manufacturing facility. In October, Neighborhood Services cited Mr. Davis for several junk motor vehicle violations. At that time, the Planning Division was contacted to see if the business was a legal use. He was notified that he was operating without the proper zoning and the need for a zone change. Mr. Richardson recommended approval of the request. Twenty-four notices were mailed to property owners within 200 feet. No notices in favor or in opposition were returned. Slides of the subject property were shown. 6 Plarming Commission November 15, 2004 Chairman Leister opened the public hearing and asked for the applicant's comments. James Davis, the applicant, addressed the Commission. Chairman Leister asked for comments in favor or in opposition. No comments were made. The public hearing was closed. Commissioner Hurley made a motion to approve a zone change from RM-H to GC - MD District for the property at 3250 Glenwood Street as requested in File 1750-Z. Commissioner Craig seconded the motion. Motion to approve carried 7:0. 4) File 175 1 -Z: Request for a zone change from RCR (Residential Conservation and Revitalization) to GC -MD (General Commercial -Multiple Family Dwelling) District or a more restrictive district. Location: 995-997 Avenue B Applicant: Jesus Gonzales Mr. Richardson presented the staff report, Jesus Gonzales, the property owner, is requesting this change in order to operate a tire and auto repair shop on the subject property. The property is currently vacant. This request could be considered spot zoning. All of the property surrounding the subject property is zoned RCR and is vacant or residential in nature. An auto repair shop is permitted in an RCR District with a specific use permit. Mr. Richardson stated that he tried to contact Mr. Gonzales to discuss the matter but could never reach him. However, due to the surrounding land uses, questioned the appropriateness of the proposed use at this location. Mr. Richardson recommended denial of the request for the zone change. Twenty-three notices were mailed to property owners within 200 feet. One response in favor and one in opposition were returned. Slides of the subject property were shown. Chairman Leister opened the public hearing and asked for the applicant's comments, Mr. Gonzales, the applicant, was not present, Chairman Leister asked for comments in favor or in opposition. No comments were made. The public hearing was closed. 7 Planning Commission November 15, 2004 Vice -Chairman Dykeman made a motion to deny a zone change from RCR to GC - MD District for the property at 995-997 Avenue B as requested in File 175 1 -Z with the stipulation that the 12 month waiting period to reapply be waived if the applicant chooses to apply for a specific use permit. Commissioner Jones seconded the motion. Motion to deny carried 7:0. 5) File 1752-Z: Request for a zone change from RS (Residential Single Family Dwelling) to GC -MD (General Commercial -Multiple Family Dwelling) District or a more restrictive district. Location: 270 E. Chapin Applicant: William V. Travis Mr. Richardson presented the staff report. Mr. Travis, the property owner, is requesting a zone change to allow for the retail sale of new and used outboard motors and boats. The subject property is adjacent to GC -MD zoning to the north and east. Mr. Travis owns the property to the east that fronts on M.L. King Parkway. Mr. Richardson recommended approval of the request. Sixteen 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 Leister opened the public hearing and asked for the applicant's comments. W. V. Travis, the applicant, addressed the Commission. Chairman Leister asked for comments in favor or in opposition. No comments were made. The public hearing was closed. Commissioner Hurley made a motion to approve a zone change from RS to GC -MD District for the property at 270 E. Chapin as requested in File 1752-Z. Commissioner Craig seconded the motion. Motion to approve carried 7:0. 6) File 1 754-P: Request for a specific u se p ermit to a flow a mother-in-law/guest quarters in an RS (Residential Single Family Dwelling) District. Location: 2098 Briarcliff Applicant: Barbara J. Ward Mr. Richardson presented the staff report. Barbara Ward, the property owner, wants to convert an existing garage into living quarters for herself. Plarming Commission November 15, 2004 Due to illness, Ms. Ward is unable to live alone. Her daughter and soil -in-law live with her. In order to provide Ms. Ward with some privacy, she would like to convert the garage into living space for herself. Mr. Richardson recommended approval of the request, subject to it not being used for rental property. Eighteen notices were mailed to property owners within 200 feet. No responses in favor and one in opposition were returned. Chairman Leister opened the public hearing and asked for the applicant's comments. Dani Johnson addressed the Commission. Mrs. Johnson is Ms. Ward's daughter. Chairman Leister 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 specific use permit to allow a mother-in-law/guest quarters in an RS District at 2098 Briarcliff as requested in File 1754-P subject to the quarters not being used for rental purposes. Commissioner Craig seconded the motion. Motion to approve carried 7:0. OTHEi R BUSINESS Electronic reader board signs Mr. Richardson stated that the Planning Division has had a number of requests for electronic reader board signs over the past several months. The Zoning Ordinance prohibits signs with flashing lights or intermittent illumination. When requests for electronic reader board signs have been made, they have been denied based upon the aforementioned prohibition. Mr. Richardson said that just recently Dowlen Road Church of Christ submitted a letter requesting a reader board sign and asked the Commission if they would like staff to look at amending the ordinance to allow electronic reader board signs. Mr. Richardson recommended that letters would not scroll, but stay lit for a certain number of minutes Discussion followed between staff and the Commission. Max Dawson, Pastor with Dowlen Road Church of Christ, addressed the Commission. 0 Planning Commission November 15,2004 Staff agreed to research what other cities are doing and bring back suggestions for another workshop in December. THE' RE BEING NO FURTIIER BUSINESS, THE MEETING WAS ADJOURNED AT 5:05 P. M. 10