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HomeMy WebLinkAbout2-20-02 PC Minutes16 6) �D I MINUTES REGULAR MEETING AND JOINT PUBLIC HEARINGS PLANNING COMMISSION CITY COUNCIL February 20, 2002 City Council Chambers A Regular Meeting and Joint Public Hearings of the Planning Commission and City Council were held on February 20, 2002 with the following members present: Commission members present: Chairman Laurie Leister Vice -Chairman Greg Dykeman Commissioner Bill Lucas Commissioner Glenn Bodwin Commissioner Marty Craig Commissioner Dohn LaBiche Commission members absent: Commissioner Dale Hallmark Commissioner Carlos Hernandez Councilmembers present: Mayor Pro -Tenn Guy Goodson Councilman -at -Large Andrew Cokinos Councilmember-at-Large Becky Ames Councilmember Lulu Smith Councilmembers. absent: Mayor David W. Moore Councilman Audwin Samuel Councilmember Bobbie Patterson Also present: Stephen Richardson, Planning Manager; Tyrone Cooper, First Assistant City Attorney; Jill Cole, Recording Secretary; Adina Abshire, Planning Technician; Bill Dupree, Senior Planner; Cheryl Robinson, Senior Planner; Stephen Bonczek, City Manager APPROVAL OF THE MINUTES Commissioner LaBiche made a motion to approve the minutes of the Regular Meeting and Joint Public Hearings held January 23, 2002. Commissioner Bodwin seconded the motion. Motion to approve carried 6:0. Planning Commission February 20,2002 REGULAR MEETING Preliminary Plat - Brownstone Park Subdivision: Consider the Preliminary Plat of Brownstone Park Subdivision, Lots 1-28; 5.31 acres out of the H. Williams Survey, Ab-56. Applicant- Fittz, and Shipman, Inc. for Stephen Brown Mr. Richardson stated that the subject plat is a 26 lot, single family residential subdivision on West Lucas. In January, the Planning Commission reviewed a plat for this property with a request for variances to the rear and side yard setbacks. The plat with setback variances was denied. Mr. Brown is now resubmitting the plat without the setback variances and the deletion of two lots in the center. This deletion allows for eight lots with 70 foot widths instead of ten narrower lots. In addition, variances to the side and rear yards are not being requested. A variance to the cul-de-sac length from 800 feet to 850 feet is still being requested. Mr. Richardson recommended approval of the preliminary plat subject to the installation of an additional street light and correction to Note 2 concerning flood zone information. Chairman Leister asked for the applicant's comments. Don King with Fittz and Shipman, Inc., the applicant, addressed the Commission. Vice -Chairman Dykernan expressed his appreciation of the revisions. Vice -Chairman Dykeman made a motion to approve the Preliminary Plat of Brownstone Park Subdivision, Lots 1-28 as requested, subject to the installation of one additional street light and the correction of Note #2 to include information on "Flood Zone B". Commissioner Craig seconded the -motion. Motion to approve carried 6:0. 2) Preliminary Plat - Pinebrook Place, Unit Two: Consider the Preliminary Plat of Pinebrook Place, Unit Two; Lots 1-2, Block 3, Lots 1-5, Block 4 and Lots 1-3, Block 5; 7.88 acres out of the F. Bigner Survey, Ab- 1. Applicant: Fittz and Shipman, Inc. for Habitat for Humanities Mr. Richardson stated that the 32 lot single family residential subdivision is located west of Bigner Road in northeast Beaumont. Habitat for Humanity plans to build in this subdivision. Nelkin Lane will be extended to provide access into the new subdivision. An existing 28'wide concrete 19 Planning Commission February 20,2002 bridge spans a drainage channel separating Pinebrook Place, Units I and 2. Jenard Lane will be constructed to allow future extensions to the west or north. Mr. Richardson recommended approval of the preliminary plat subject to the following conditions: 1) The two 15' drainage easements shown between Lots 7 and 8, Block 5 and on the east side of Lot 15, Block 5 need to be changed to 20' drainage easements; 2) The water main will need to be looped back into the main on Bigner Road; 3) Additional street lights are required as indicated by the Traffic Manager; 4) A variance to the cul-de-sac length requirement; and 5) A waiver of the temporary turn -around on the south end of Jenard. Chairman Leister asked for the applicant's comments. Don King with Fittz and Shipman, Inc., the applicant, addressed the Commission. Mr. Richardson responded to Chairman Leister's question on sidewalk requirements. Commissioner LaBiche made a motion to approve the Preliminary Plat of Pinebrook Place, Unit Two as requested subject to the following conditions: 1) The two 15' drainage easements shown between Lots 7 and 8, Block 5 and on the east side of Lot 15, Block 5 need to be changed to 20'drainage easements; 2) The water main will need to be looped back into the main on Bigner Road; 3) Additional street lights are required as indicated by the Traffic Manager; 4) A variance to the cul-de- sac length requirement; and 5) A waiver of the temporary turn -around on the south end of Jenard. Commissioner Bodwin seconded the motion. Motion to approve carried 6:0. 3) File 620-OB: Request for the abandonment of Milam Street from the Interstate 10 right-of-way to Hillebrandt Bayou. Applicant: Charles Leyendecker for Iron Horse, Inc. Iron Horse Enterprises owns the property on both sides of this section of Milam. They wish to abandon this portion of Milam in order to provide parking for corporate vehicles and supply trucks on a short term basis and provide a safer environment for the motorcycle riders when attending their meetings in one of the buildings adjoining MilAm Street. Mr. Richardson recommended approval subject to the retention of the abandoned right-of-way as a drainage and utility easement to accommodate the existing utilities and drainage facilities. Chairman Leister asked for the applicant's comments. 9 Naming Commission Febmary 20, 2002 Amalia Villareal with Carroll & Blackmon, Inc., addressed the Commission on behalf of Charles Leyendecker. Commissioner Craig made a motion to approve the request for the abandonment of Milam Street from the Interstate 10 right-of-way to Hillebrandt Bayou as requested in File 620-OB, subject to the retention of the abandoned right-of-way as a drainage and utility easement to accommodate'the existing utilities and drainage facilities. Commissioner LaBiche seconded the motion. Motion to approve carried 6:0. JOINT PUBLIC HEARINGS Mayor Pro -Tern Goodson called the Joint Public Hearings of February 20,2002 to order and explained the purpose of the joint hearing process and then turned the meeting over to Chairman Leister. He explained the policies and procedures for the hearing process. 1) File 1599-P: Request for a specific use permit to allow the use of a travel trailer as temporary living quarters in an RS (Residential, Single Family Dwelling) District. Location: 7535 Chelsea Place Applicant: Tina and Daniel Brown Mr. Richardson stated that the applicants, Tina and Daniel Brown, have requested to use a travel trailer as temporary living quarters for a period of 8 months while they are having mold remediation in their home. Electricity will be provided to the trailer and wastewater will be disposed of at an approved wastewater dump site. Mr. Richardson recommended approval of the specific use permit for a period of 8 months. Twenty-one notices were mailed to property owners within 200 feet. No responses in opposition and five in favor were returned. Slides of the subject property were shown. Chairman Leister opened the public hearing and asked for the applicant's comments. Daniel and Tina Brown, the applicants, addressed the Commission. Chairman Leister asked for comments in favor or in opposition. No comments were made. The public hearing was closed. Planning Commission February 20, 2002 Commissioner LaBiche asked Mr. Cooper if for whatever reason, the remediation job took longer than 8 months, if the applicant had to reapply for a specific use permit. Mr. Cooper said yes. Commissioner LaBiche made a motion to approve the specific use permit to allow the use of a travel trailer for a period of 8 months as temporary living quarters at 7535 Chelsea Place as requested in File 1599-P and a waiver of any additional fees if the applicant required the use of the trailer more than 8 months and had to reapply for a specific use permit. Commissioner Lucas seconded the motion. Motion to approve carried 6:0. 2) File I : Request for a specific use permit to allow an office space/counseling for church ministries in an existing building in an RCR (Residential Conservation and Revitalization) and an LI (Light Industrial) District. Location: 860 Trinity Applicant- Terry Taylor for Ebenezer Missionary Baptist Church Mr. Richardson stated the applicant Would like to use the vacant building at 860 Trinity for office and counseling space for church ministries. Ebenezer Missionary Baptist Church, which is across the street from the subject property, wants to use the property for the aforementioned uses. In 1999, House of Praise Deliverance Ministries received a specific use permit to allow a church education facility at this location. This use never materialized. Ebenezer Baptist Church now wants to use the building for counseling. Mr. Richardson recommended approval of the specific use permit. Twenty-four 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. Terry Taylor of Ebenezer Missionary Baptist Church, the applicant, addressed the Commission. Chairman Leister asked for comments in favor or in opposition. No comments were made. The public hearing was closed. 5 Planning Commission February 20, 2002 Commissioner Bodwin made a motion to approve a specific use permit to allow an office space/counseling for church ministries in an existing building 860 Trinity as requested in File 1600-P. Commissioner LaBiche seconded the motion. Motion to approve carried 6:0. 3) File 1601-P: Request for a specific use permit to allow a drinking and eating establishment with adult entertainmenfin a GC -MD (General Commercial -Multiple Family Dwelling) District. Location: 4120 College Street Applicant: Kerwin Stone for Winrock Investments, Inc. Mr. Richardson stated that Winrock Investments wants to open Dream Street Plantation Bar and Grill in an existing building. The subject property is the former location of Swampee's Restaurant. This property is split zoning. The building is in GC -MD and the parking lot is in LI. Dream Street formerly did business at 4680 Fannett Road. In October, 2001, a storm damaged the building. Winrock now wishes to relocate to the College Street location. Dream Street plans to operate with a full food menu and sale of mixed beverages with adult entertainment. The proposed hours of operation will be Monday - Friday 11 a.m. to 2 a.m. and Saturday and Sunday 6 p.m. to 2 a.m. An 8' tall wood privacy fence will be constructed along the west side of the property. A Otall decorative fence will be constructed along the property frontage. The site plan shows one primary sign along the College Street frontage. The sign must not exceed 50 square feet in area, 10 feet in height or 10 feet in length. The existing sign does not meet these requirements. The Zoning Ordinance states that an adult entertainment use shall notbe established or expanded within 300 feet of any other adult use, bar, pool hall or liquor store. The closest distance between the Dream Street building and the Hunters Club building is 286.56 feet. 1W. Richardson recommended denial of the request. Ten 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. rol Planning Commission February 20,2002 Kerwin Stone, the applicant, addressed the Commission. Mr. Stone said that he was confused because in the staff report he received, Mr. Richardson recommended approval and now he is recommending denial. He said that the ordinance was not clear on the distance requirements and that the signage would be altered to comply with the regulations. He feels that the use is consistent with the neighborhood. Discussion followed between the Commission and staff regarding distance requirements and overflow parking. Chairman Leister asked for comments in favor or in opposition. John Warner addressed the Commission in opposition to the request. He stated that the proposed use would have a negative effect on the City's overall appearance because the location is a heavily traveled intersection right on the interstate. Dr. Robert Crosser, 4010 College, addressed the Commission in opposition. Dr. Crosser has a dental practice next door to the subject location. He specializes in children's dentistry and doesn't feel'that the proposed use is appropriate for the location. The public hearing was closed. Rebuttal by Mr. Stone. Mr. Stone said that fencing could be constructed to block views from neighboring properties. Commissioner Bodwin asked Mr. Cooper to clarify the distance requirements between sexually oriented businesses and other businesses. Mr. Cooper stated that distances are measured from property line to property line, not front door to front door. Discussion between the Commission followed. Commissioner Craig made a motion to deny a specific use permit to allow a drinking and eating establishment with adult entertainment at 4120 College Street as requested in File 1601-P. Commissioner LaBiche seconded the motion. The motion to deny carried 6:0. 4) File 1602-P: Request for a specific use permit to open a drinking place in a GC -MD (General Commercial -Multiple Family Dwelling) District, Location: 4345 Eastex Freeway Applicant: Jerry Jones Planning Commission February 20, 2002 Mr. Richardson stated that Jerry Jones, the owner of Club Fusion at 4345 Eastex Freeway, was given a Certificate of Occupancy in October, 2001. He is now applying for a specific use permit for a drinking place to allow the sale and on -site consumption of alcoholic beverages. The club will not provide adult entertainment. The current hours of operation are Thursday through Saturday, 8 p.m. to 2 a.m. Mr. Jones plans to continue those hours. .' Three businesses now occupy the subject property - Club Fusion, Aaron's Rentals and Wood's Wireless. There are a total of 61 parking spaces on.the property. 116 spaces are required for the club. The club will be open when the other stores are closed. Mr. Jones did represent that he had permission from Best Buy for overflow parking. However, notices have been received from Best Buy that they are in opposition to the proposed use. Based upon that information and the effect it would have on parking, Mr. Richardson recommended denial of this request. Discussion of parking followed between Mr. Richardson and the Commission. Mayor Pro-Tem Goodson asked Mr. Richardson to visit with Building Codes and give City Council additional information on the issuance of the Certificate of Occupancy. Seven notices were mailed to property owners within 200 feet. One response in opposition and none in favor were returned. Slides of the subject property were shown. Chairman Leister opened the public hearing and asked for the applicant's comments. Mr. Jones, the applicant, addressed the Commission and answered questions regarding parking. He stated that there is a total of 5,800 square feet in the club, including an office and restrooms. Chairman Leister asked for comments in favor or in opposition. Darrel Mitchell, General Manager for Best Buy, addressed the Commission in opposition to the request. He stated that he has had problems with customers from the club in his parking lot and the store. In the past, Mr. Mitchell has called the polic'e on a patron from the club that came into Best Buy and was shoplifting and harassing the customers. There have been complaints made the to Best Buy E., Planning Commission February 20, 2002 corporate office by customers of this location. Mr. Mitchell added that they had not given permission to Mr. Jones for his customers to use Best Buy parking. Rebuttal by Mr. Jones. He said that if Best Buy didn't want to give permission to use their parking, that was okay because they really didn't need the parking. Chairman Leister expressed concems'over controlling occupancy at the club. The public hearing was closed. Commissioner Bodwin made a motion to approve a specific use pen -nit to allow a drinking place at 4345 Eastex Freeway as requested in File 1602-P, subject to occupancy complying with parking on the subject property. Chairman Leister asked staff to refine the number for parking spaces so that occupancy would correlate with the 61 parking spaces. Commissioner Lucas seconded the motion. Motion to approve carried 6:0. OTHER BUSINESS THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED AT 4:26 P. M. '1T`O.'VZSHOP . South Park Neighborhood P11 E,