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HomeMy WebLinkAbout5-15-06 PC MinutesMINUTES REGULAR MEETING AND JOINT PUBLIC HEARINGS PLANNING COMMISSION CITY COUNCIL May 15, 2006 City Council Chambers A Regular Meeting and Joint Public Hearings of the Planning Commission and City Council were held on May 15, 2006 with the following members present: Commission members present: Chairman Glenn Bodwin Vice Chairman Lynda Kay Makin Commissioner Dale Hallmark Commissioner Virginia Hurley Commissioner Laurie Leister Commissioner Walter Kyles Commissioner Sina Nejad Commissioner Greg Dykeman Alternate Commissioner Steven Johnson Commission members absent: Commissioner Marty Craig Alternate Commissioner Ted Moor Councilmembers present: Mayor Guy Goodson Mayor Pro -Tern Audwin Samuel Councilmember-at-Large Becky Ames Councilmember Lulu Smith Councilmember Nancy Beaulieu Councilmembers absent: Councilmember-at-Large Andrew Cokinos Councilmember Bobbie Patterson Also present: Stephen Richardson, Planning Manager; Jill Cole, Recording Secretary; Adina Abshire, Planner; Tyrone Cooper, City Attorney Commissioner Hurley made a motion to approve the minutes of the Regular Meeting and Joint Public Hearings held April 17, 2006. Commissioner Kyles seconded the motion. Motion to approve carried 9:0. Planning Commission May 15, 2006 REGULAR MEETING 1) Replat - Bell Pointe Subdivision: Consider the Replat of Bell Point Subdivision; Lots 1-2 out of the H. Williams Survey, Ab. No. 56. Applicant: Carroll & Blackman, Inc. This item was withdrawn. JOINT PUBLIC HEARINGS Mayor Goodson called the Joint Public Hearings of May 15, 2006 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. I File 1820-P: Request for a specific use permit to allow a property management office in an RM-H (Residential Multiple Family Dwelling -Highest Density) District. Location: 6325-6331 Calder Applicant: Caliber Properties Mr. Richardson presented the staffreport. The applicant, Jeremiah Brarnmer, owns the Calder West Townhomes complex and would like to construct a 30' x 40' building to be used as the office for his property management firm. Ample parking is provided on site and access will be off of a current driveway on Calder. Mr. Brammer is requesting a modification to the landscaping/screening requirements along the east, west and south property lines. The new building will be screened from adjacent properties to the east and south by the existing apartment buildings. The property to the west is separated from the subject property by a driveway easement and trees. Mr. Richardson recommended approval of the request with a modification to the landscaping/screening requirements along the east, west and south property lines. Slides of the subject property were shown. Nineteen notices were mailed to property owners within 200 feet of the subject property. No responses in favor or in opposition were returned. Chairman Bodwin opened the public hearing and asked for the applicant's comments. K, Planning commission May 15, 2006 Jeremiah Brammer, the applicant, addressed the Commission, Chairman Bodwin asked for comments in favor or in opposition. No comments were made. The public hearing was closed. Commissioner Hallmark made a motion to approve a specific use permit to allow a property management office in an RM-H District at 6325-6331 Calder with a modification to the landscaping/screening requirements along the cast, west and south property lines (no fencing or landscaping) as requested in File 1820-P. Commissioner Hurley seconded the motion. Motion to approve carried 9:0. 2) File 1821-P: Request for a specific use permit to allow a mother-in-law quarters in an RS (Residential Single Family Dwelling) District. Location: 850 Avenue D Applicant: Rocco Mastrangelo Mr. Richardson presented the staff report. Mr. Mastrangelo, the applicant, states that his mother-in-law can no longer manage on her own and he and his wife do not have adequate space in their house to accommodate her. The new quarters would be a one story dwelling unit of 448 sq. ft. in area and would be located at the rear of the subject property. Mr. Richardson recommended approval of the request subject to the dwelling not be rented. Fourteen 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. Rocco Mastrangelo, the applicant, addressed the Commission. 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 specific use permit to allow a mother-in-law quarters in an RS District at 850 Avenue D as requested in File 182 1 - P subject to the dwelling not being rented. Commissioner Makin seconded the motion. Motion to approve carried 9:0. 3) File 1822-P: Request for an amended specific use permit and specific use permit to allow professional offices in an RM-H (Residential Multiple Family Dwelling- Planning Commission May 15, 2006 Highest Density) District. Location: 3510-3520 and 3590 Delaware Applicant: Sheri Arnold Mr. Richardson presented the staff report. In March 2006, Sheri Arnold received a specific use permit for three office buildings. Since then, she has acquired the property next door. The new concept includes eight buildings with a total of 25,800 sq. ft. The initial phase will consist of two buildings with future buildings being constructed as needed. The new layout will provide better traffic circulation. Ms. Arnold is asking for a modification to the landscaping requirement along the east property line. An 8'wood screening fence will be constructed. However, to accommodate the proposed building/parking layout, a 5' - 7' landscape strip is shown instead of the required 10'. Mr. Richardson recommended approval of the request subject to a modification to the landscaping requirement along the east property line. Fifteen notices were mailed to property owners within 200 feet of 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 and asked for the applicant's comments. Sheri Arnold, the applicant, addressed the Commission. Chairman Bodwin asked for comments in favor or in opposition. No comments were made. The public hearing was closed. Commissioner Nejad made a motion to approve an amended specific use permit and specific use permit to allow professional offices in an RM-H District at 3510-3520 and 3590 Delaware as requested in File 1822-P with a modification to the landscaping requirements along the east side of the property (5'- 7' landscape strip along the east property line) and construction of an 8' tall wood screening fence on the cast side. Commissioner Kyles seconded the motion. Motion to approve carried 9:0. 4) File 1823-Z/P: Request for a zone change from RS (Residential Single Family Dwelling) to GC-MD-2 (General Commercial -Multiple Family Dwelling-2) District or more restrictive district and a specific use permit to allow professional offices in a GC-MD-2 District. Location: 575 W. Lucas Applicant: Shirley Reese Planning Commission Miy 15, 2006 Mr. Richardson presented the staff report. The applicant, Shirley Reese, states that her real estate office was damaged during Hurricane Rita and she is being forced to relocate. She would like to construct a 3 building office complex on the subject property totaling 6,000 sq. ft. in area. The Transportation Manager has made modifications to the parking layout to improve traffic flow, Ms. Reese is asking for a modification to the landscaping requirement along the north and west sides of the property. The exterior stairways on the Phase I building and the most northerly building will extend into the landscape strip, creating a 5'landscape strip. Mr. Richardson recommended approval subject to modifying the parking layout as requested by the Transportation Manager and a modification to the landscaping along the north and west property lines. Thirteen notices were mailed to property owners within 200 feet of the subject property. Two responses in favor and four in opposition were returned. Slides of the subject property were shown. Chairman Bodwin opened the public hearing and asked for the applicant's comments. Shirley Reese, the applicant, addressed the Corrunission and answered questions. Ms. Reese's contractor, Earl Frost, addressed the Commission and answered questions. Chairman Bodwin asked for comments in favor or in opposition. Dan Thompson, 650 Thomas Road, addressed the Commission in opposition to the request. Mr. Thompson's property backs up to the subject property. Chairman Bodwin closed the public bearing. Commissioner Nej ad recused himself from action on File 1823-Z/P. Commissioner Leister made a motion to approve a zone change from RS to GC- MD-2 District for the property at 575 W. Lucas as requested in File 1823-Z/P. Commissioner Makin seconded the motion. Motion to approve carried 8:0:1 (Nejad). Commissioner Leister made a motion to approve a specific use permit to allow professional offices in a GC-MD-2 District at 575 W. Lucas as requested in File 1823-Z/P, s ubject to the following conditions and with a modification to the Planning Commission May 15,2006 landscaping requirement along the north and west property lines (at the exterior stairs, a S'landscape strip): Modify the parking layout as required by the Transportation Manager. Prohibit any windows along the rear of the most westerly building and prohibit any side windows on the west side of the most northerly and most southerly buildings. Require motion detectors on the security lights that will light the parking lot from the side of the buildings. Commissioner Hurley seconded the motion. Motion to approve carried 6:2 (Hallmark, Dykeman):1 (Nejad). 5) File 1824-Z: Request for a zone change from GC -MD (General Commercial - Multiple Family Dwelling) District to C-M (Commercial -Manufacturing) District or more restrictive district. Location: 2208-2212 W. Cardinal Drive Applicant: Ed Edson III Mr. Richardson presented the staff report. The requested zone change is for an 8.2 acre tract at 2208-2212 W. Cardinal. A portion of the property Is currently occupied by four buildings with the remainder being vacant. The buildings are rented to a variety of commercial/industrial type businesses. Phelan Investments is negotiating the purchase of the property. It is their desire to develop the remaining vacant property and to market the development to transport companies, contractors, wholesalers and others. The zone change would allow Phelan Investments more flexibility as to the type of firms it leases to. The Comprehensive Plan designates this property as an Activity Corridor. The types of uses typical of an activity corridor include highway commercial, wholesale distributing and warehousing operations and restricted light industry. Mr. Richardson recommended approval of the request. Eighteen notices were mailed to property owners within 200 feet of the subject property. 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. Ed Edson III, the applicant, addressed the Commission. rol Planning Commission May 15,2006 Chairman Bodwin asked for comments in favor or in opposition. Lan Phelan, 1277 Calder, addressed the Commission in favor of the request. Phillip Charles, 1817 W. Highland Drive, addressed the Commission in opposition to the request. Rebuttal by Mr. Edson. The public hearing was closed. Discussion between the Commission followed. Commissioner Kyles made a motion to approve a zone change from GC -MD (General Commercial -Multiple Family Dwelling) District to C-M (Commercial - Manufacturing) District for the property at 2208-2212 W. Cardinal Drive as requested in File 1824-Z. Commissioner Leister seconded the motion. Motion to approve carried 7:2 (Hallmark, Bodwin). 6) File 1825-Z: Request for a zone change from GC-MD-2 (General Commercial - Multiple Family Dwelling-2) District to PUD (Planned Unit Development) District or more restrictive district. Location: 6300 block (north side) of Delaware Applicant: Richard L. Guseman Mr. Richardson presented the staff report. The request to PUD is for a 6 acre tract of property located in the 6300 block of Delaware. Richard Guseman, the applicant, wants to construct eight buildings encompassing 48,100 square foot of space. The buildings will accommodate a mix of professionallbusiness office and commercial uses. The purpose of the rezoning is to allow some flexibility with the mixed uses planned for the project. Mr. Richardson recommended approval of the request. Slides of the subject property were shown. Chairman Bodwin opened the public hearing and asked for the applicant's comments. Joe Pattie with Carroll & Blackman, Inc. addressed the Commission. Chairman Bodwin asked for comments in favor or in opposition. No comments were made. The public hearing was closed. Planning Commission May 15, 2006 Discussion followed between Commission members. Commissioner Hurley made a motion to approve a zone change from GC-MD-2 (General Commercial -Multiple Family Dwelling-2) District to PUD (Planned Unit Development) District for property in the 6300 block (north side) of Delaware as requested in File 1825-Z. Commissioner Dykeman seconded the motion. Motion to approve carried 8:1 (Leister). 7) File 1826-Z: Request for a zone change from RS (Residential Single Family Dwelling) District to GC -MD (General Commercial -Multiple Family Dwelling) District or more restrictive district. Location: Between S. Major, Wescalder, Humble and Walden Road Applicant: City of Beaumont Planning Division Mr. Richardson presented the staff report. In March, 2006, City Council tabled a request for a zone change to GC-MD-2 for the property located at 3336 S. Major and asked staff to conduct a zoning study for the west side of S. Major to determine if the current residential zoning was appropriate. Staff defined the study area as that 145 acres bordered by S. Major, Wescalder, Humble and Walden. All but 1.26 acres of this property is zoned RS. The 1,26 acres at the northwest corner of the intersection of Walden and S. Major is zoned GC -MD. On May 4, a meeting was held with the property owners of the study area. Three in attendance owned residentially zoned property along S. Major. All three wished to have their property zoned to GC -MD. In addition, the representatives of the owners of the large tracts immediately to the west of those properties fronting on S. Major, requested that the east 25% of their property be rezoned to GC -MD. The Comprehensive Plan designates a district commercial at the intersection of S. Major and Walden. Currently, three of the four comers of this intersection are zoned GC -MD. At these three comers are approximately 73 acres of GC -MD zoning. Major Drive is classified as a major arterial. As such, its purpose is to carry cross- town traffic. The reason for designating commercial uses at the intersection of major thoroughfares is to minimize strip commercial along major arterials and thus the number of curb cuts. Mr. Richardson recommended that Lots 1-13, Block 3, South Amelia Addition and the east 150' of Lots 12-16, Tract 1, Block 13, Wescalder Fig Acres be rezoned to GC-MD-2, Mr. Richardson stated that it is his opinion that any rezoning to commercial in this area is premature. Planning Commission May 15,2006 Ninety-eight notices were mailed to property owners within the subject property. Two responses in favor and 16 in opposition were returned. Slides of the subject area were shown. Discussion between the Commission and Mr. Richardson followed. Commissioner Dykeman recused himself from action on File 1826-Z. Chairman Bodwin opened the public hearing and asked for comments in favor or in opposition. Wade Graham, 2810 Wescalder, addressed the Commission in opposition to the request. Marshall Wood, 9480 Walden Road, addressed the Commission to clarify the subject area. Tom Rugg, 2890 Wescalder, addressed the Commission in opposition to the request. Beverly Stafford, 2790 S. Major, addressed the Commission in favor of the request. Tracey Lumpkin, 9745 Broun, addressed the Commission in favor of the request. Duane Forrest, 3280 S. Major Drive, addressed the Commission in opposition to the request. Julie Ann Lightfoot, 2050 Eighty -Eight Circle, addressed the Commission in favor of the request, Jeffrey Simmons, 2975 Dogwood, addressed the Commission in favor of the request. Wade Graham addressed the Commission again. Chairman Bodwin closed the public hearing. Discussion followed between the Commission, Council and staff. Commissioner Hurley made a motion to approve a zone change from RS District to GC -MD District for the property located between S. Major, Wescal der, Humble and Walden Road as requested in File 1826-Z. Motion failed for lack of a second. 6 Planning Commission May 15,2006 Commissioner Nejad made a motion to deny a zone change from RS District to GC - MD District for the property located between S. Major, Wescalder, Humble and Walden Road as requested in File 1826-Z. Motion failed for lack of a second. Discussion followed regarding RM-H zoning. Commissioner Leister made a motion to approve a zone change from RS District to RM-H District for the property located between S. Major, Wescalder, Humble and Walden Road as requested in File 1826-Z. Commissioner Johnson seconded the motion. Motion to approve carried 7:1 (Nejad): I (Dykeman). (Commissioner Leister left the meeting.) 8) File 1726-P: Request for a 12 month extension for a specific use permit to allow a professional office in an RM-H (Residential Multiple Family Dwelling -Highest Density) District. Location: 2065 DoWlen Road Applicant: Gerald W. Farha Mr, Richardson presented the staff report. Dr. Terry Syler is requesting the extension of a specific use permit granted in July, 2004, That specific use permit was originally obtained by Jack Brooks and allowed a financial advisor's office at 2175 Dowlen Road. Dr. Syler is under contract to purchase the property. It is his desire to construct a 2,500 sq. ft. orthodontist office at this location. Dr. Syler is requesting a 12 month extension. Mr. Richardson recommended approval of the request. Chairman Bodwin opened the public hearing and asked for the applicant's comments. Gerald Farha, the applicant, addressed the Commission. Chairman Bodwin 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 12 month extension for a specific use permit to allow a professional office in an RM-H (Residential Multiple Family Dwelling -Highest Density) District at 2065DowlenRoad asrequested inFile 1726- P, Commissioner Hurley seconded the motion. Motion to approve carried 8:0. OTHER BUSINESS Planning Commission May 15,2006 THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED AT 5:35 P. M. II