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HomeMy WebLinkAbout3-15-04 PC MinutesM MINUTES REGULAR MEETING AND JOINT PUBLIC HEARINGS PLANNING COMMISSION CITY COUNCIL Match 15, 2004 City Council Chambers A Regular Meeting and Joint Public Hearings of the Planning Commission and City Council were held on March 15, 2004 with the following members present: Commission members present: Chairman Laurie Leister Commissioner Dale Hallmark Commissioner Glenn Bodwin Commissioner Marty Craig Commissioner Walter Kyles Commissioner Virginia Hurley Alternate Commissioner Paul Jones Commission members absent: Vice -Chairman Greg Dykeman Commissioner Dohn LaBiche Commissioner Lynda Kay Makin Alternate Commissioner Ted Moor Alternate Commissioner Steven Johnson Councilmernbers present: Mayor Evelyn Lord Mayor Pro -Tern Becky Ames Councilmember-at-Large Andrew Coldnos Councilmember Lulu Smith Councilmember Nancy Beaulieu Councilmember Bobbie Patterson Councilmember Audwin Samuel Also present:' Stephen Richardson, Planning Manager; Tyrone Cooper, First Assistant City Attorney; Jill Cole, Recording Secretary; Adina Abshire, Planner; Tom Warner, Public Works Director APPROVAL OF THE MCI MS Commissioner Hurley made a correction to the minutes of February 23, 2004. On Page 3, Commissioner Hallmark explained the purpose of the joint hearing process, not Chairman Leister, With that correction, Commissioner Hurley made a motion to approve the minutes of the Regular Meeting and Joint Public Hearings held February 23, 2004. Commissioner Hallmark seconded the motion. Motion to approve carried 6:0. Planning Commission March 15,2004 REGULAR MEETING 1) Preliminary Plat - West Oaks Townhomes, Phase Three: Consider the Preliminary Plat of West Oaks Townhomes, Phase Three out of the A. Huston Survey, Abstract 33. Applicant: Schaumburg & Polk, Inc. The subject plat is a 2.6 acre, 14 unit townhouse development located north of West Oaks Townhomes, Phase I. (Commissioner Kyles arrived.) This phase will be served by an extension of Harbor Oaks Drive, a public street. Extending off of Harbor Oaks will be two private drives that will serve 12 units. When the staff report was written, the Fire Marshall had some concern about the fire hydrant layout saying that it was insufficient. As of last week, though, the Fire Marshall stated that the hydrant layout had been corrected to his satisfaction. Mr. Richardson recommended approval subject to the following: 1. Provide the following note: to. Dwelling lots shall be graded to drain to streets and shall not drain onto adjacent lots before or after structures are built. Chairman Leister asked for the applicant's comments. The applicant was not present. Commissioner Hallmark made a motion to approve the Preliminary Plat of West Oaks Townhomes, Phase Three out of the A. Huston Survey, Abstract 33 as requested, subject to the following: 1. Provide the following note: 10. Dwelling lots shall be graded to drain to streets and shall not drain onto adjacent lots before or after structures are built. Commissioner Bodwin seconded the motion. Motion to approve carried 7:0. 2. Preliminary Plat - Barrington Heights, Phase VI: Consider the Preliminary Plat of Barrington Heights, Phase VI, Lots 22-23, Block i, Lot 57, Block 5, Lots 8-10, Block 6, Lots 1-21, Block 7, Lots 1-13, Block 8 out of the H. Williams Survey, Ab. 56. Applicant: Carroll and Blackman, Inc. 2 Planning Commission Much 15, 2004 The subject plat is a 14.41 acre single family development located north and west of Barrington Heights, Phases III-V. This phase will be served by extensions of Claybourn Drive and Ellington Lane and newly constructed Prescott Drive. The Fire Marshall sent in comments stating that the fire hydrant spacing was wrong, but has since approved a revised spacing plan. Mr. Richardson recommended approval of the plat. Chairman Leister asked for comments. Joe Pattie of Carroll and Blackman, Inc., the applicant, addressed the Commission. Commissioner Craig made a motion to approve the Preliminary Plat of Barrington Heights, Phase VI, Lots 22-23, Block 1, Lot 57, Block 5, Lots 8- 10, Block 6, Lots 1-21, Block 7, Lots 1-13, Block 8 out of the H. Williams Survey, Ab. 56 as requested. Commissioner Jones seconded the motion. Motion to approve carried 7:0. 3) Replat - Block 32, Beaumont Improvement Company Subdivision: Consider the request for a replat of Block 32, Beaumont Improvement Company Subdivision into Lots 1-4, Block 32, Beaumont Improvement Company Subdivision. Location: 3820, 3840, 3860, 3 880 Bennett Applicant: Wortech Land Surveyors, Inc. (A public hearing is required.) Lots 1-3 of the replat will be one-third of an acre each. Lot 4 will be 4 acres. This replat was sent to all interested parties. No objections have been received. Mr. Richardson recommended approval. Five notices were mailed to property owners within 200 feet. No responses in favor or in opposition were received. Chairman Leister opened the public hearing and asked for the applicant's comments. J. L. Sims of Wortech Land Surveyors, the applicant, addressed the Commission. Mr. Sims stated that Ira Richardson is buying the property from the Veterans Land Board to build a house. Chairman Leister asked for comments in favor or in opposition. Planning Commission Much 15, 2004 Lois Porter, 3865 Bennett, addressed the Commission. Mrs. Porter wanted to know what kind of housing would be built on the subject property. Robert Preston, 1190 Iowa, addressed the Commission and asked for a copy of the documentation being presented. Sheryl Fontenot, 3990 Bennett, addressed the Commission and asked what kind of housing was proposed for the subject property. The public hearing was closed. Commissioner Hallmark made a motion to approve the Replat of Block 32, Beaumont Improvement Company Subdivision into Lots 14, Block32 as requested. Commissioner Hurley seconded the motion. Motion to approve carried 7:0. 4) Preliminary Plat - Washington Manor, Unit 5: Consider the Preliminary Plat of Washington Manor, Unit 5; 5,829 acres out of the D. Brown League Survey, Ab. 5. Applicant: Soutex Surveyors, Inc. The subject property is located on the west side of 23' Street, between College and Washington Boulevard. A preliminary plat for this property was denied last month because of the need by DD#6 for additional right-of-way for its ditch to the west. After that meeting, the developer and DD#6 met and came to a compromise. An additional I O'of right-of- way is being dedicated to DD#6. The IO'came from the depth of Lots 9 and 10. DD#6 has approved the dedication. The plat was sent to all interested parties. No objections have been received. Mr. Richardson recommended approval. Chairman L eister asked for the applicant's comments. The applicant was not present. Commissioner Bodwin made a motion to approve the Preliminary Plat of Washington Manor, Unit 5 as requested. Commissioner Kyles seconded the motion. Motion to approve carried 7:0. JOINT PUBLIC HEARINGS Mayor Lord called the Joint Public Hearings of March 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. 4 Planning Commission March 15, 2004 File 1602-P: Request to revoke a specific use permit to allow a drinking place in a GC -MD (General Commercial -Multiple Family Dwelling) District. Location: 4345 Eastex Freeway Applicant: City of Beaumont Planning Division Mr. Richardson stated that in March, 2002, City Council approved a specific use permit to Jerry Jones for a drinking place at the aforementioned address. At a public hearing in February, 2002, it was understood that there would not be any adult entertainment. On February 17,2004, Mr, Jones was arrested in an undercover police investigation for operating -a sexually oriented business without a license. According to the Beaumont Police Department, persons were found on the premises involved in active prostitution and nudity. There were numerous other illegal activities discovered as well. Section 30-26 (h) of the Zoning Ordinance states that a specific use permit may be revoked or modified, after notice and public hearing, for either of the following reasons: The specific use permit was obtained by fraud or deception; or That one or more of the conditions imposed by the specific use permit has not been met or has been violated. Mr. Richardson recommended revocation of the specific use permit based upon the fact that sexually oriented businesses are not permitted in a GC -MD District. Slides of the subject property were shown. Sergeant Curtis Breaux of the Beaumont Police Department addressed the Commission. Chairman Leister opened the public hearing and asked for comments. Jerry Jones, 4345 Eastex Freeway, addressed the Commission. Mr. Jones operates the club located at the subject address. He stated that he leased the facility to another individual for Monday nights and to several other people for other nights. Mr. Jones stated that he originally requested a specific use permit to operate a teen club on Friday and Saturday nights. After that, he applied for and was approved for a beer and wine permit and operated in that capacity on Friday and Saturdays. He stated that he had no knowledge of the activities taking place on Mondays because he was not the operator. A week prior to the arrest, Mr. Jones had spoken to the TABC and asked for rules and regulations for when he leased the facility. He was told that he was responsible because the license was in his name and that is why he was at the club that night, to make sure the bar was being operated correctly. Mr. Jones answered questions from the Comtriission and Council. R Planning Commission Much 15, 2004 Chairman Leister asked for comments in favor or in opposition. Robert Preston, 1190 Iowa Street, addressed the Commission. The public hearing was closed. Discussion between the Commission and Sergeant Breaux followed. Commissioner Hallmark made a motion to approve the revocation of a specific use permit to allow a drinking place in a GC -MD District at 4345 Eastex Freeway as issued in File1602-P. Commissioner Hurley seconded the motion. Motion to approve carried 7:0. 2) File 1705-P: Request for a specific use permit to allow a scrapbook business in an RCR (Residential Conservation and Revitalization) District. Location: 2515 Broadway Applicant: Carolyn McCullough Mr. Richardson stated that the applicant, Carolyn McCullough, wants to offer the use of a crop room to individuals wanting to learn how to put together scrapbooks. Ms. McCullough states that she has a operated a massage therapy business at this address for the last 18 years. She states that no exterior or interior renovations will be required. Hours of operation will be Monday -Friday, 9 a.m. to 5 p.m. She will sometimes be open from 6 p.m. to 12 a.m. on Fridays. Ms. McCullough states that she averages two massages per day and expects four scrapbook customers per day, but not at the same time. There is adequate parking already at the rear of the property. Mr. Richardson recommended approval of the request. Nineteen notices were mailed to property owners within 200 feet. Two responses in favor and one response in opposition were received. Slides of the subject property were shown. Chairman Leister opened the public hearing and asked for the applicant's comments. Carolyn McCullough, the applicant, addressed the Commission and answered questions. Chairman Leister asked for comments in favor or in opposition. No comments were made. The public hearing was closed. N. Planning Commission Much 13. 2004 Commissioner Hurley made a motion to approve a specific use permit to allow a scrapbook business in an RCR District at 2515 Broadway as requested in File 1705-P. Commissioner Craig seconded the motion. Motion to approve carried 7:0. 3) File 1706-P: Request for a specific use permit to allow an electrical contractor business in a GC -MD (General Commercial -Multiple Family Dwelling) District. Location: 5755 Fannett Road Applicant: Jim Thurmon Jim Thun-non, the property owner and owner of JBT Electric, wants to operate his business at the subject location. Mr. Thurmon states that the property will be used for the office/warehouse for JBT Electric, The property was previously used for a wrecker service, Mr. Thurmon has made improvements to the property including facade work to the existing building and a 6' tall wood Screening fence along the front 150' of the north property line and between the building and the north and south property lines. The previous use had privacy slats in the chain link fence along the front property line. Mr. Thurmon removed the slats and now has an open chain link fence. Mr. Richardson recommended approval of the request. Twelve notices were mailed to property owners within 200 feet. No responses in favor or in opposition were received. Slides of the subject property were shown. Chairman Leister opened the public hearing and asked for the applicant's comments. Jim Thurmon, 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 Bodwin made a motion to approve a specific use permit to allow an electrical contractor business in a GC -MD District at 5755 Fannett Road as requested in File 1706-P. Commissioner Kyles seconded the motion. Motion to approve carried 7:0. 4) File 1707- : 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: 7565 Eastex Freeway Applicant: Ron Davis a Planning Commission March IS. M The property owner, Ron Davis, is requesting this zone change to allow the construction of a commercial building. Mr. Davis owns a land surveying equipment business that he proposes to move to this location. The Development Strategies Diagram designates this area as an Activity Corridor. The proposed zoning category falls within the definition of an activity corridor. Mr. Richardson recommended approval of the request. Twenty-eight 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. Discussion followed between the Commission and Mr. Richardson regarding permitted uses in a GC -MD District. Chairman Leister opened the public hearing and asked for the applicant's comments. Ron Davis, the applicant, addressed the Commission. Chairman Leister asked for comments in favor or in opposition. Jay Camp, 6175 Navajo Trail, addressed the Commission. Mr. Camp expressed concerns regarding noise. Joe Bauknight, 6170 Navajo Trail, addressed the Commission in regards to noise. The public hearing was closed. Rebuttal by Mr. Davis. Discussion between Commission members followed. Commissioner Hallmark made a motion to approve a zone change from RS to GC - MD District for the property at 7565 Eastex Freeway as requested in File 1707-Z. Commissioner Hurley seconded the motion. Motion to approve carried 7:0. THERE BEING NO FURTHER BUSINESS, THE MIEETING WAS ADJOURNE AT 5:03 P.V. 0