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HomeMy WebLinkAbout7-19-04 PC MinutesMINUTES REGULAR MEETING AND JOINT PUBLIC HEARINGS PLANNING COMMISSION CITY COUNCIL July 19, 2004 City Council Chambers ARegular Meeting and Joint Public Hearings of the Planning Commission and City Council were held on July 19, 2004 with the following members present: Commission members present: Chairman Laurie Leister Vice -Chairman Greg Dykeman Commissioner Dale Hallmark Commissioner Glenn Bodwin Commissioner Marty Craig Commissioner Walter Kyles Alternate Commissioner Paul Jones Commission members absent: Commissioner Dohn LaBiche Commissioner Lynda Kay Nlakin Commissioner Virginia Hurley Alternate Commissioner Ted Moor Alternate Commissioner Steven Johnson Councilmembers present: Mayor Evelyn Lord Councilmember-at-Large Andrew Cokinos Councilmember Lulu Smith Councilmember Audwin Samuel Councilmembers absent: Mayor Pro-Tem Becky Ames Councilmember Nancy Beaulieu Councilmember Bobbie Patterson Also present: Stephen Richardson, Planning Manager; Tyrone Cooper, First Assistant City Attorney; Jill Cole, Recording Secretary; Adina Abshire, Planner; Tom Warner, Public Works Director; Kyle Hayes, City Manager Commissioner Craig made a motion to approve the minutes of the Regular Meeting and Joint Public Hearings held June 21, 2004. Commissioner Bodwin seconded the motion. Motion to approve carried 7:0. Planning Commission July 19, 2004 REGULAR MEETING Replat-Lot 7. Block 230, Glenwood Addition: Request for the replat of Lot 7, Block 230, Glenwood Addition into Lots 7 and 7A, Block 230, Glenwood Addition. Location: 3725 Buffalo Applicant: Faust Engineering and Surveying, Inc. Mr. Richardson presented the staff report. The new Lot 7 would contain 0.157 acres. The remainder of Lot 7 and a remnant of land that fronts on Old Concord Road would create the 0.19 acres Lot 7A. There is an existing house on Lot 7 at 3725 Buffalo Circle. Most of Lot 7 is zoned RS and most of Lot 7A is zoned GC -MD. Neither lot meets the minimum 100' lot depth requirement. Mr. Richardson recommended approval of the replat and approval of the variance to the lot depth requirements for both lots. Twenty-one notices were mailed to property owners within 200' of the subject property. No responses in favor or in opposition were returned. Mr. Richardson reminded the Commission that a public hearing is required. Slides of the subject property were shown. Chairman Leister opened the public hearing and asked for the applicant's comments. The applicant was not present, Chairman Leister asked for comments in favor or in opposition. No comments were made and the public hearing was closed. Commissioner Craig made a motion to approve the replat, with variances, of Lot 7, Block 230, Glenwood Addition into Lots 7 and 7A, Block 230, Glenwood Addition located at 3725 Buffalo. Commissioner Kyles seconded the motion. Motion to approve carried 7:0. 2) Preliminary Plat -Greenfield Addition: Consider the Preliminary Plat of Greenfield Addition, Lots 1-12, Block I and Lots 1-13, Block 2 out of the D. Easley Survey, Ab. 20. Applicant: Mark Whiteley and Associates Mr. Richardson presented the staff report. Parigi Property Management is requesting approval of a 6 acre, 25 lot single family residential subdivision. The property is on the west of Major Drive, straddling Greenfield Drive. Planning Commission July 19,2004 The Traffic Division, City Engineer, Fire Marshall and Water Utilities have all recommended conditional approval. Mr. Richardson said he spoke with Tom Rowe with Mark Whiteley and Associates and they agree to all conditions. Mr. Richardson recommended approval subject to the following conditions: i. Install five street lights between Lots 6 and 7 and Lots 9 and 10, Block 1, between Lots 3 and 4 and Lots 7 and 8, Block 2 and at the intersection of Greenfield Drive and Quail Court. (Traffic Manager) 2. Add Note 6 to read "Lots shall be graded to drain to streets and shall not drain onto adjacent lots before and after structures are built." (City Engineer) 3. Provide the proper spacing for fire hydrants. (Fire Marshall) Chairman Leister asked for the applicant's comments. Tom Rowe of Mark Whiteley and Associates, the applicant, addressed the Commission. Commissioner Craig made a motion to approve the Preliminary Plat of Greenfield Addition, Lots 1- 12, Block I and Lots 1- 13, Block 2 out of the D. Easley Survey, Ab. 20 subject to the following conditions: 1. Install five street lights between Lots 6 and 7 and Lots 9 and 10, Block 1, between Lots 3 and 4 and Lots 7 and 8, Block 2 and at the intersection of Greenfield Drive and Quail Court. (Traffic Manager) 2. Add Note 6 to read "Lots shall be graded to drain to streets and shall not drain onto adjacent lots before and after structures are built." (City Engineer) 3. Provide the proper spacing for fire hydrants. (Fire Marshall) Commissioner Kyles seconded the motion. Motion to approve carried 7:0. Mayor Lord called the Joint Public Hearings of July 19, 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. Chairman Leister announced that File 1725-P, item number I on the agenda, will be moved to the end of the agenda. Planning Commission July 19,2004 File 1726-P: Request for a specific use permit to allow a financial advisor's office in an RM-H (Residential Multiple Family Dwelling -Highest Density) District. Location: 2065 Dowlen Road Applicant: Jack Brooks Mr. Richardson presented the staff report. Jack Brooks of the Oak River Financial Group would like to construct a 3,900 sq. ft. building on the subject property. The proposed building is located 16' from the rear property line. A 2 5'building setback is required. Mr. Richardson recommended approval subject to the following conditions and with a modification to the landscaping and screening requirements: 1. Modify the disabled parking stall and off -set the driveway 10' from the property line. (Traffic Manager) 2. Provide a 25'rear setback or get a variance from the Board of Adjustment. (Planning Manager) Twenty-two notices were mailed to Property owners within 200 feet. One response in favor and none in opposition were returned. Slides of the subject property were shown. Chairman Leister opened the public hearing and asked for the applicant's comments. Jack Brooks, 1029 East Drive, the applicant, addressed the Commission. Chairman Leistcr asked for comments in favor or in opposition. Sam Parigi, 445 N. 14'h Street, addressed the Commission in favor of the request. He represents the owners of the 120 unit apartment complex located next door to the subject property. The public hearing was closed. Commissioner Bodwin made a motion to approve a specific use permit to allow a financial advisor's office in an RM-H District at 2065 Dowlen Road as requested in File 1726-P subject to the following conditions and with a modification to the landscaping and screening requirements: 1. Modify the disabled parking stall and off -set the driveway 10' from the property line. (Traffic Manager) Board of Adjustment. 2. Provide a 25'rear setback or get a variance from the Boa (Planning Manager) Planning Commission My 19,2004 Commissioner Craig seconded the motion. Motion to approve carried 7:0. 2) File 669-OB: Request for amendments to Section 30-28 (d), Advertising Sips of the Zoning Ordinance. Applicant: City of Beaumont Planning Division Mr. Richardson stated that staff has worked with the advertising sign industry to develop new regulations that would govern advertising signs within the City and its ETJ. Highlights of the proposed regulations are as follows: All outdoor advertising companies shall provide the City of Beaumont a complete list of all signs it owns or maintains within the limits and the Extraterritorial Jurisdiction (ETJ) of the City of Beaumont. The list shall include the location, size (area and height) and type of construction. 2) Any conforming advertising sign that is reconstructed at the same location shall be the same size or smaller than the original sign. 3) The total number of signs that exist at the time of the adoption of this ordinance shall not increase. 4) To replace or relocate one advertising sign with an advertising sign at another location, a sign company may accumulate square footage on a one sq. ft. for one sq. ft. basis. 5) There will be a one year time period from the time the original advertising sign is removed to the time that the replacement sign must be installed. 6) Replacement advertising signs shall only be permitted in the areas zoned GC -MD, CM, LI and HI. 7) No new advertising signs shall be constructed in the City's ETJ with the exception of state and federally controlled highways. 8) No advertising signs shall be permitted on the Dowlen Road Extension, Walden Road from 1,370 feet west of the west right-of-way line of IH-10 to the ETJ boundary, Concord Road from Gulf Street to Hwy. - 105, Washington Boulevard from Langham to Major and Phelan Boulevard from Major to Keith. 9) When a nonconforming advertising sign falls into disrepair or is damaged by fire, explosion, act of God or other calamity to the extent that the cost Planning Commission July 19.2004 of reconstruction or repair exceeds fifty (50) percent of the replacement cost of the sign such nonconforming sign shall no longer be permitted. Mr. Richardson thanked George Crawford of Lamar Advertising for his help and input on the ordinance. Mr. Richardson recommended approval of the proposed changes. Discussion followed between the Commission and staff. Chairman Leister opened the public hearing and asked for comments. George Crawford of Lamar Advertising addressed the Commission. Mr. Crawford discussed a form of outdoor advertising, referred to as a Tri-Vision sign, with the Commission. Chairman Leister closed the public hearing. Further discussion followed between the Planning Commission and staff. Chairman Leister recommended the prohibition of any size billboard from within 300 feet of the property line of any residentially zoned property or used as a public school, public park, church, courthouse, city hall or public museum by deleting (d) 1. d) and e) and revision to f) by deleting the wording "and which has its principal frontage on the same street as the sign" of the draft ordinance and therefore made a motion for approval subject to deleting (d) 1. d) and e) and revision to f) of the draft ordinance. Commissioner Craig seconded the motion. The motion to approve carried 7:0. 3) File 670-OB. Request for amendments to Section 30-24 (B), Permitted Use Table, Radio, Television, Microwave and Cellular Telephone Transmission Towers of the City's Zoning Ordinance. Applicant: City of Beaumont Planning Division Mr. Richardson presented the staff report. The subject request is for amendments to Sec. 30-24(B) of the Zoning Ordinance. This deals with radio, television, microwave and cellular telephone transmission towers and what districts they are permitted in. Because of the need to guarantee the health, safety and general welfare of its citizens and with a view towards conserving property values and encouraging the most appropriate use of land throughout the community, staff felt it necessary to better define those zoning districts that would permit the placement of such facilities. N. Planning Commission July 19,2004 Currently, the Zoning Ordinance permits such uses in the NSC, GC -MD, CBD, C-M, Li and HI zoning districts by right. In all other districts they are permitted with a specific use permit. Mr. Richardson recommended that radio, television, microwave and cell towers be permitted by right in the CBD, CM, Ll and HI districts and with a specific use permit in GC -MD. They would be deleted in all other districts. Chairman Leister opened the public hearing and asked for comments. Sam Parigi, 445 N. 14' Street, addressed the Commission. He stated that he was in agreement with the change with the exception of the specific use permit in GC - MD District. Chairman Leister closed the public hearing. Chairman Leister made a motion to approve amendments to Section 30-24 (B), Permitted Use Table, Radio, Television, Microwave and Cellular Telephone Transmission Towers as requested in File 670-OB with the change that towers be permitted in the CBD, CM, LI, HI and GC -MD zoning districts with a specific use permit and deleted in all other zoning districts. Commissioner Bodwin seconded the motion. Motion to approve carried 4:3 (Dykeman, Hallmark, Kyles). 4) File 1725-P: Request for a specific use permit to allow church related activities in an RM-H (Residential Multiple Family Dwelling -Highest Density) District. Location: 6515 Highway 105 Applicant: New Life Tabernacle Mr. Richardson presented the staff report. New Life Tabernacle would like to use the subject building for Bible study, prayer, training and a fellowship area. This property was formerly a convenience store but it has been vacant for many years. In 2002, the church received a specific use permit to allow a Spanish Sunday School. Nothing was done with the building and the specific use permit has since expired. The church is requesting modification to the landscaping and screening requirements along the south, east and west sides of the property. Mr. Richardson recommended approval of the request with a modification to the landscaping/screening requirements. Eight notices were mailed to property owners within 200 feet. One response in favor and none in opposition were returned. Slides of the subject property were shown. 7 Planning Commission My 19, 2004 Chairman Leister opened the public hearing and asked for the applicant's comments. Charles Johnson ofNew Life Tabernacle, 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 Craig made a motion to approve a specific use permit to allow church related activities in an RM-H District at 6515 Highway 105 as requested in File 1725-P with a modification to the landscaping and screening requirements. Commissioner Jones seconded the motion. Motion to approve carried 7:0. OTHER BUSINESS THERE BELNG NO FURTHER BUSMSS, THEINIEETING WAS ADJOURNED 4T 4:30 P. M. M