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HomeMy WebLinkAbout3-20-06 PC MinutesMINUTES REGULAR MEETING AND JOINT PUBLIC HEARINGS PLANNING COMMISSION CITY COUNCIL March 20, 2006 City Council Chambers ARegular Meeting and Joint Public Hearings of the Planning Commission and City Council were held on March 20, 2006 with the following members present: Commission members present: Chairman Glenn Bodwin Commissioner Dale Hallmark Commissioner Greg Dykeman Commissioner Virginia Hurley Commissioner Sina Nejad Commissioner Marty Craig Alternate Commissioner Ted Moor Commission members absent:. Vice Chairman Lynda Kay Makin Commissioner Laurie Leister Commissioner Walter Kyles Alternate Commissioner Steven Johnson Councilmembers present: Mayor Guy Goodson Mayor Pro-Tem Audwin Samuel Councilmember-at-Large Becky Ames Councilmember-at-Large Andrew Cokinos Councilmember Lulu Smith Councilmember Nancy Beaulieu Councilmember Bobbie Patterson Also present: Stephen Richardson, Planning Manager; Jill Cole, Recording Secretary; Adina Abshire, Planner; Kyle Thomas, Assistant City Attorney APPROVAL OF THE MINUTES Commissioner Hurley made a motion to approve the minutes of the Regular Meeting and Joint Public Hearings held February 27, 2006. Commissioner Hallmark seconded the motion. Motion to approve carried 6:0. Planning Commission March 20,2006 REGULAR MEETING 1) Replat - Lucas Acres Addition: Consider the replat of the north 1/2of Lot 5, Block 3, Lucas Acres Addition into Lots 5A and 5B, Block 3, Lucas Acres Addition. Location: 5050 and 5070 Wilshire Avenue Applicant: Mark Whiteley & Associates, Inc. Mr. Richardson presented the staff report. Two houses are located on the subject property. It is the desire of the property owner to sell one of the houses. The proposed replat would subdivide the property into two 52'x 208'lots, Each lot will exceed the minimum lot depth, width and area requirements for the RS District. Mr. Richardson recommended approval of the replat. Seventeen notices were mailed to property owners within 200' 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, Tom Rowe with Mark Whiteley & Associates, Inc., 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 the replat of the north V2 of Lot 5, Block 3, Lucas Acres Addition into Lots 5A and 5B, Block 3, Lucas Acres Addition located at 5050 and 5070 Wilshire Avenue as requested. Commissioner Hurley seconded the motion. Motion to approve carried 6:0 (Commissioner Dykeman arrived.) 2) Replat - Woodland Acres Addition: Consider the replat of the south Y2 of Lot 13, Block 3, Woodland Acres Addition into Lots 13A and 13B, Block 3, Woodland Acres Addition, Location: 7215 and 7255 Ellen Lane Applicant: Mark Whiteley & Associates, Inc. Mr. Richardson presented the staffreport. The property will be subdivided into two lots. One lot will be 15 5'x 174'. The other lot will be 95' x 174. An existing house sits on what would be Lot 13A. A new home is proposed for Lot 13B. The proposed lots will exceed the minimum lot depth, width and area requirements. 2 Planning Commission March 20,2006 Mr. Richardson recommended approval of the replat. Nine notices were mailed to property owners within 200' of the subject property. Three responses in opposition and none in favor were returned. Chairman Bodwin, opened the public hearing and asked for the applicant's comments. Tom Rowe with Mark Whiteley & Associates, Inc., the applicant, addressed the Commission. Comments from the Commission members followed. Chairman Bodwin asked for comments in favor or in opposition. Johnny Casmore, 7295 Ellen Lane, addressed the Commission in opposition to the request. Lewis Hebert, 5390 Gail Drive, addressed the Commission in opposition to the request. Harrison Jordan, 5360 Gail Drive, addressed the Commission in opposition to the request. Glen Cummings, 7325 Ellen Lane, addressed the Commission in opposition to the request. Hat McKinley, 5365 Gail Drive, addressed the Commission in opposition to the request. Ronald Bishop, 5510 Catherine, addressed the Commission in opposition to the request. Mike Knox, 7055 Ellen Lane, addressed the Commission in opposition to the request. Pat Satterwhite, 5210 Gail Drive, addressed the Commission in opposition to the request. Chairman Bodwin closed the public hearing. Commissioner Hallmark made a motion to deny the replat of the south 'Y2of Lot 13, Block 3, Woodland Acres Addition into Lots 13A and 13B, Block 3, Woodland Acres Addition at 7215 and 7255 Ellen Lane as requested. Commissioner Hurley seconded the motion. Motion to deny carried 7:0. K Planning Commission March 20,2006 3) Replat - Southerland Addition: Consider the replat of Lots 5A, 6A and 7A, Block F, Southerland Addition into Lots 5B - 8B, Block F, Southerland Addition, Location: 5010 - 5040 Southerland Avenue Applicant: Mark Whitley & Associates, Inc. Mr. Richardson presented the staff report. In May, 2004, an amended plat was filed that created three 74' wide lots out of five 45' wide lots. Beaumont CHDO is constructing new homes for low -moderate income persons in this block. It is now the desire of the CHDO to resubdivide these three lots into one 74.8'x 125'lot and three 50'x 125'lots. All lots meet or exceed the minimum lot depth, width and area requirements, Mr. Richardson recommended approval of the request. Twenty-two notices were mailed to property owners within 200' of the subject property. One response in favor and four responses in opposition were returned. Chairman Bodwin opened the public hearing and asked for the applicant's comments. Antoinette Hardy, President of Beaumont Community Housing Development Cbrporation (BCHDO) addressed the Commission. I Chairman Bodwin asked for comments in favor or in opposition. Diane Barnett, 5045 Sutherland, addressed the Commissior► in opposition to the request. Edna Jones, 4970 Sutherland, addressed the Commission in opposition to the request. Raymond Jones, 4970 Sutherland, spoke in opposition to the request. Rebuttal by Antoinette Hardy. Commissioner Hurley made a motion to deny the replat of Lots 5A, 6A and 7A, Block F, Southerland Addition into Lots 5B - 8B, Block F, Southerland Addition located at 5010-5040 Sutherland Avenue as requested. Commissioner Dykeman seconded the motion. Motion to deny carried 6:1 (Hallmark). 4) Replat - Collins Addition No. 1: Consider the replat of Lot 7, Block 17, Parkdale Addition into Lots 7A and 7B, Collins Addition No. 1. Location: 50 Guffey Street and 2250 Angelina Street Applicant: Access Surveyors Planning Commission March 20,2006 Mr. Richardson presented the staff report. Two houses are located on the subject property. The houses have been in existence for many years. The property owner wishes to sell one of the houses, thereby necessitating the need for the replat. The minimum lot requirements are 5,000 sq. ft. in area, 50'wide and 100' depth. Both I ots m eet t he w idth requirement b ut n of t he d epth o r. a rea r equirements. Variances to the depth and area requirements will be required. In addition, the replat will leave Lot 7B without adequate parking. Mi. Richardson recommended approval subject to receiving a special exception of the parking requirement for Lot 7B and approval of the variances to the minimum lot depth and area requirements. Sixteen notices were mailed to property owners within 200'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. Linda Collins, owner of the subject property, addressed the Commission. I Chairman Bodwin asked for comments in favor or in opposition. No comments were made. The public hearing was closed, Commissioner Moor made a motion to approve the replat of Lot 7, Block 17, Parkdale Addition into Lots 7A and 7B, Collins AdditionNo. I located at 50 Guffey Street and 2250 Angelina Street as requested subject to receiving a special exception of the parking requirement for Lot 7B and approval of the variances to the minimum lot depth and area requirements.. Commissioner Craig seconded the motion. Motion to approve carried 6:1 (Nejad). 5) Preliminary Plat - Pointe' Park: Consider the Preliminary Plat of Lots 1-8, Block 1; Lots I - 10, Block 2; Lots I - 10, Block 3; Lots 1-5, Block 4, Lots 1-2 1, Block 5; a 9.073 acre tract out of the W. Dyches Survey, Ab. No. 17. Applicant: Fittz & Shipman, Inc. Mr. Richardson presented the staff report. The subject property is located west of Pointe' Parkway. The development will consist of 54 lots for duplexes and townhouses. Pointe' Park Drive will be a public street and East Pointe', Central Pointe' and West Pointe Drives will be private. 5 Planning Commission March 20, 2006 The Zoning Ordinance states that cluster housing must be set back 25' from all public streets and the property's boundaries. Setbacks for the structures on the lots that front the private streets are 15' from Pointe' Park Drive. Along the perimeter of the property, setbacks vary from 15' to 20'. Mr. Richardson recommended approval subject to the following conditions and to the requested setback variances: • The property owner shall dedicate an exclusive water line easement on Central Pointe' Drive. • Private sewer lines shall be shown on all three private streets. • Show the water line on Pointe' Park Tnorth of the south right-of-way line. • Install 3 OM-49 End of Roadway markers at the dead-end of Pointe' Park Drive, • Delete the parallel parking along Pointe' Park Drive. Pointe' Park Drive is to be built to a 28'pavement width (back of curb to back of curb). - • Delete 30'ROW designation on East Pointe' Drive, Central Pointe' Drive and West Pointe' Drive. Chairman Bodwin asked for the applicant's comments. John Holm with Fittz & Shipman, Inc., the applicant, addressed the Commission. Discussion followed between the Commission members. Commissioner Hallmark made a motion to approve the Preliminary Plat ofLots 1-8, Block 1; Lots 1-10, Block 2; Lots 1-10, Block 3; Lots 1-5, Block 4, Lots 1-21, Block 5; a 9.073 acre tract out of the W. Dyches Survey, Ab. No. 17 as requested in the Preliminary Plat of Pointe' Park, subject to the following conditions and to the requested setback variances: • The property owner shall dedicate an exclusive water line easement on Central Pointe' Drive. • Private sewer lines shall be shown on all three private streets. • Show the water line on Pointe' Park Tnorth of the south right-of-way line. • Install 3 OM-49 End of Roadway markers at the dead-end of Pointe' Park Drive. • Delete the parallel parking along Pointe' Park Drive. Pointe' Park Drive is to be built to a 28'pavement width (back of curb to back of curb). • Delete 30'ROW designation on East Pointe' Drive, Central Pointe' Drive and West Pointe' Drive. I Commissioner Moor seconded the motion. Motion to approve carried 4:3 (NeJad, Bodwin, Hurley). Planning Commission March 20, 2006 6) Preliminary Plat - Fairfield, Phase H: Consider the Preliminary Plat of Fairfield, Phase H; Lots 23-44, Block 1, Lots 23-44, Block 2 out of the H. Williams Survey, Ab. No. 56. Applicant: Carroll & Blackman, Inc. Mr. Richardson presented the staff report. The property is located east of Grayson Lane. The 10.27 acre tract will be developed into 44 single family lots. Mr. Richardson recommended approval subject to the following condition: Install a stop sign on the northwest comer of the intersection of Westfield and Hampton and a stop sign and a street marker on the southeast comer of the same intersection. Chairman Bodwin asked for the applicant's comments. Joe Pattie with Carroll & Blackman, Inc. addressed the Commission. Commissioner Hurley made a motion to approve the Preliminary Plat of Fairfield, Phase 11; Lots 23-44, Block 1, Lots 23-44, Block 2 out of the H. Williams Survey, Ab. No. 56 as requested subject to the following condition: Install a stop sign on the northwest comer of the intersection of Westfield and Hampton and a stop sign and a street marker on the southeast comer of the same intersection. Commissioner Craig seconded the motion. Motion to approve carried 7:0. 7) Preliminary Plat - Barrington Heights, Phase V111: Consider the Preliminary Plat of Barrington Heights, Phase VII; Lots 34-36, Block 1, Lots 11 - 13, Block 6, Lots 14- 25, Block 8, Lots 1-12, Block 9 out of the H. Williams Survey, Ab. No. 56. Applicant: Carroll & Blackman, Inc. Mr. Richardson presented the staff report. This item is a request for preliminary plat approval of Barrington Heights, Phase VII. The property is located west of Prescott Drive. The nine acre tract will be developed into 30 single family lots. Mr. Richardson recommended approval subject to the following conditions: Install three OM-4P end -of -roadway markers at the deadends of Clayboum Drive and Ellington Lane. 4 Install stop signs and street markers at the intersections of Windrose/Claybourn and Windrose/Ellington. Chairman Bodwin asked for the applicant's comments. N Planning Commission March 20,2006 Joe Pattie with Carroll & Blackman, Inc. addressed the Commission. Commissioner Craig made a motion to approve the Preliminary Plat of Barrington Heights, Phase VII; Lots 34-36, Block 1, Lots 11-13, Block 6, Lots 14-25, Block 8, Lots 1- 12, Block 9 out of the H. Williams Survey, Ab. No. 56 as requested subject to the following conditions: Install three OM-4P end -of -roadway markers at the deadends of Claybourn Drive and Ellington Lane. Install stop signs and street markers at the intersections of Windrose/Claybourn and Windrose/Ellington. Commissioner Nejad seconded the motion. Motion to approve carried 7:0. Mayor Goodson called the Joint Public Hearings of March 20, 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. 1) File 18 1 5-P: Request for a specific use permit to allow a residential care facility housing offenders for the treatment of substance abuse in a GC -MD (General Commercial -Multiple Family Dwelling) District. Location: 1765 and 1785 Washington Boulevard Applicant: Land Manor, Inc. Mr. Richardson presented the staff report, Land Manor, Inc. has operated the Melton Center since 1987. It is a halfway house for offenders with alcohol and drug abuse problems. Land Manor is now applying to the Texas Department of Justice for a contract to keep services for its adult male parolee, mandatory and community supervision therapeutic transitional clients. The Melton Center is licensed by the Department of State Health Services as a residential and outpatient substance abuse facility. In addition to its 49 beds, the facility if licensed to treat 55 intensive and supportive outpatient clients. Mr. Richardson recommended approval of the request. Twenty-nine notices were mailed to property owners within 200' of the subject property. One response in favor and none in opposition were returned. Slides of the subject property were shown. Planning Commission March 20, 2006 Chairman Bodwin opened the public hearing and asked for the applicant's comments. Ten-y Jackson, Associate Executive Director of Land Manor, addressed the Commission and answered questions from the. Commission. Chairman Bodwin asked for comments in favor or in opposition. Peggy Greenspan, 4385 Thomas Glen, spoke in favor of the request. Mary Roarke, 745 Boxwood, Vidor, addressed the Commission in favor of the request. Ms. Roarke is a licensed chemical dependency counselor. Charles Solomon, 1212 Elgie, Apt. D, spoke in favor of the request. William James, Director of the Melton Center, addressed the Commission in favor of the request. The public hearing was closed. Commissioner Craig made a motion to approve a specific use permit to allow a. residential care facility housing offenders for the treatment of substance abuse in a GC -MD District at 1765 and 1785 Washington Boulevard as requested in File 1815-P. Commissioner Hurley seconded the. motion. Motion to approve carried 7:0. 2) File 1816-P: Request for a specific use permit to allow professional offices in an RM-H (Residential Multiple Family Dwelling -Highest Density) District, Location: 3590 Delaware Applicant; Sheri Arnold Mr. Richardson presented the staffreport. Sheri Arnold is applying for this specific use permit to allow the construction of three office buildings. One of the buildings will house Ms. Arnold's real estate business. The other two buildings will be used for other professional office uses. The three buildings comprise a maximum of 9,850 sq. ft. of office space. According to the site plan, two buildings will be built initially with the third building set for a future date. Ms. Arnold has submitted two proposed site plans. She has discussed both with the Fire Marshall to get his input on driveway layout, The Fire Marshall recommends that Building C be shifted to the northeast comer with parking located to the south and west of the building, This would allow fire trucks to pull in and back up. At so Planning Commission March 20, 2006 the proposed maximum buildout, 32 parking spaces are required. Between the two site plans 41 to 46 parking spaces are proposed. Mr. Richardson recommended approval subject to modifying Site Plan "A" by relocating Building C to the northeast comer of the property with parking located to the south and west of the building and with a modification to the landscaping requirement along the east side of the property. Forty-four notices were mailed to property owners within 200' of the subject property. Two responses in favor and one response 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 Craig made a motion to approve a specific use permit to allow professional offices'in an RM-H District at 3590 Delaware as requested in FiI6 1816-P subject to the following conditions: Modify Site Plan "A" by relocating Building C to the northeast comer of the property with parking located to the south and west of the building. Modification to the landscaping requirements along the east side of the property (0' to 5'landscape strip) Commissioner Hurley seconded the motion. Motion to approve carried 7:0 3) File 1817-P: Request for a specific use permit to allow a drinking place in a GC -MD (General Commercial -Multiple Family Dwelling) District. Location: 4345 Eastex. Freeway Applicant: Frederick Smith Mr. Richardson presented the staff report. Frederick J. Smith has applied for this specific use permit for a nightclub that would be open 9 p.m. - 2 a.m., Tuesday - Sunday. Mr. Smith states that the club will cater to adults 30 years and older. In 2002, a specific use permit was approved allowing a club at this address. That club's specific use permit was revoked when it was found to be offering adult entertainment. This club will not provide adult entertainment. [Ul Planning Commission March 20, 2006 Mr. Richardson recommend approval subject to the following conditions: • Limit capacity to a maximum of 240 persons or obtain approval of a special exception to the parking requirements from the Zoning Board of Adjustment. No adult entertainment will be permitted. Five notices were mailed to property owners within 200' of the subject property. No responses in favor or in opposition were returned. Slides of the subject property were shown. Discussion followed between the Commission, Council and staff. Chairman Bodwin, opened the public hearing and asked for the applicant's comments. Veronica Smith, 4751 Odom, Apt. 8, 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. Commissioner N ejad in ade a in otion t o d eny a s pecific u se p ermit t o a flow a drinking place in a GC -MD District at 4345 Eastex Freeway as requested in File 1817-P. Commissioner Hallmark seconded the motion. Motion to deny carried 7:0. 4) File 1818-P: Request, for a specific use permit to allow a church in an RS (Residential Single Family Dwelling) District. Location: 125 E. Caldwood Applicant: Spindletop Unitarian Church Mr. Richardson presented the staff report. Spindletop Unitarian Church is requesting a specific use permit to allow it to move into the house that sits on subject 1.37 acres of land. The current plan calls for providing 50 seats for congregants with a proposed expansion to 100 seats at some point in the future. Services will be held on Sunday mornings and there will be small groups of about 10 people meeting at the church during certain evenings after 6 p.m. A Yx 6'monument sign will be constructed to identify the church. Mr. Richardson recommended approval of the request. 11 Planning Commission March 20, 2006 Twenty-six notices were mailed to property owners within 200 feet of the subject property. No responses in favor and four in opposition were returned. The responses in opposition were because of increased traffic. 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. Arthur Greenspan, 135 E. Caldwood, spoke in opposition to the request and cited increased traffic as the reason. Fanniece Hawkins, 124 E. Caldwood, spoke in opposition to the request. Bill Pugh, 5430 N. Caldwood, spoke in opposition to the request. Sunny Landry, 5490 N. Caldwood, spoke in opposition to the request, Nadia Stafford, 5470 N. Caldwood, spoke in opposition to the request. Karl Duerr, 5410 N. Caldwood, spoke in opposition to the request.' George Brown, 140 Central Caldwood, spoke in opposition to the request. The public hearing was closed. Discussion between the Commission, Council and Ms. Thomas, Assistant City Attorney, followed. Commissioner Hallmark made a motion to deny a specific use permit to allow a church, in an RS District at 125 E. Caldwood as requested in File1818-P. Commissioner Craig seconded the motion. Motion to deny carried 7:0. 5) File 1819-P: Request for a specific use permit to allow a drinking place in a GC -MD (General Commercial -Multiple Family Dwelling) District. Location: 1359 Magnolia Applicant: Patrice -Jackson Mr. Richardson presented staff report. The applicant, Patrice Jackson, would like to open a night club in an existing building that has been used as a night club in the past. Ms. Jackson states that the club will be open 7 days a week. Hours of operation will be 4 p.m. - 12 a.m., Sunday - Wednesday and 4 - 2, Thursday - 12 Planning Commission March 20, 2006 Saturday. The club will cater to individuals age 25 and up. No adult entertainment will be provided. Mr. Richardson recommended approval subject to the following conditions: Limit capacity to a maximum of 76 persons or obtain approval of a special exception to the parking requirements from the Zoning Board of Adjustment. Provide the required parking lot perimeter landscaping along Magnolia Avenue (6'wide landscape strip). No adult entertainment will be permitted. Twenty-four notices were mailed to property owners within 200' of the subject property. No responses in favor and two in opposition were returned. Slides of the subject property were shown. Chairman Bodwin opened the public hearing and asked for the applicant's comments. Patrice Jackson, the applicant, addressed the Commission. -Chairman Bodwin asked for comments in favor or in opposition. Pastor R. L. Bishop, 1047 Gladys, addressed the Commission in opposition to the request. Pastor Bishop represents'Macedonia Missionary Baptist Church. Ambrose Nixon, 4995 Rue Lane, addressed the Commission in opposition to the request. Mr. Nixon is Associate Pastor of Macedonia Missionary Baptist Church. Irven Hawkins, 205 E. Elgie, addressed the Commission in opposition to the request. Mr. Hawkins is a member of Macedonia Missionary Baptist Church. Johnny Beall, 1265 Doucette, addressed the Commission in opposition to the request. Mr. Beall is a member of Macedonia Missionary Baptist Church. Roland Warner, 2595 Linson St., addressed the Commission in opposition to the request. Mr. Warner is a member of Macedonia Missionary Baptist Church. Henry Thomas, 1845 Glasshouse, addressed the Commission in opposition to the -request. Mr. Thomas is a member of Macedonia Missionary Baptist Church. Derrick S mith, 2 411 F ranklin, a ddressed t he C ommission i n o pposition t o the request. Mr. Smith is a member of Macedonia Missionary Baptist Church. IK Planning Commission March 20,2006 James Cormier, 1405 Magnolia, addressed the Commission in opposition to the request, Mr. Cormier lives next door to the subject property. Murphy Cormier, 1405 Magnolia, addressed the Commission in opposition to the request. Mr. Cormier lives next door to the subject property. Rebuttal by Mrs. Jackson. The public hearing was closed. Commissioner Dykenian made a motion to deny a specific use permit to allow a drinking place in a GC -MD District at 1359 Magnolia as requested in File 1819-P. Commissioner Craig seconded the motion. Motion to deny carried 7:0. OTHER BUSINESS THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED AT 5:50 P. M. 14