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HomeMy WebLinkAbout1-26-04 PC MinutesMINUTES REGULAR MEETING AND JOINT P1;13LIC HEARINGS PLANNING COMMISSION CITY COUNCIL January 26. 2004 City Council Chambers A Regular Meeting and Joint Public Hearings of the Planning Commission and City Council tvere held on January 26, 2004 with the folloxN'ing members present: Cornw-ission members present Chairman Laurie Leister Commissioner Dohn LaBiche Commissioner Dale Hallmark Commissioner Glenn Bod-, in Convnissioner Marty Craig Commissioner Walter Kyles Commissioner Virginia Hurley Alternate Commissioner Paul Jones Commission members absent: Vice -Chairman Greg Dykeman Convnissioner Lynda Kay1\4akin Alternate Commissioner Ted Moor Alternate Commissioner Steven Johnson Councihnembers present: Mayor Evelyn Lord Mayor Pro -Tern Becky Ames Councilmember-at-Large Andre\v Cokinos Councilmember Lulu Smith Councilmember Nancy Beaulieu Councilmember Audwin Samuel Councilmembers absent: Councilmember Bobbie Patterson Also present: Stephen Richardson, Planning Manager; Tyrone Cooper, First Assistant City Attorney; Jill Cole, Recording Secretary; Adina Abshire, Planter; Cheryl Robinson, Senior Planner; Tom 1NI'arner, Public Works Director APPROVAL OF THE \II:�UTES Commissioner Hallmark made a motion to approve the minutes of the Regular Meeting and Joint Public Hearings held December 15, 2003. Commissioner LaBiche seconded the motion. Motion to approve carried 6:0. Planning Commission January 26, 2004 (Commissioner Craig arrived.) REGULAR MEETING 1) Request for a rehearing prior to the expiration of the 12 month waiting period as per Article V, Section 8 (2) of the Planning Commission bylaws. Location: 1575 S. Major Drive Applicant: Landry Rountree for Landry's 24-Hour Towing In duly, 2003, a request for a zone change to GC -MD was denied by City Council, Mr. Rountree is now requesting the waiver of the 12 month time period so that he can request a specific use permit for a vehicle towing and storage facility under the current GC-MD-2 zoning at 1575 S. Major Drive. Chairman Leister asked for the applicant's continents. Landry Rountree, the applicant, addressed the Commission. (Conunissioner Kyles arrived.) Commissioner LaBiche made a motion to approve the request for a rehearing prior to the expiration of the 12 month waiting period as per Article V. Section 8 (2) of the Planning Conunission bylaws as requested by Landry Rountree for Landry's 24- Hour Towing for the property at 1575 S. Major Drive. Commissioner Hurley seconded the motion. Motion to approve carried 8:0. 2) Replat of Lot IA. Block 5 Wescalder Fig Acres Addition: Request for the replat of Lot 1 A, Block 5, Wescalder Fig Acres Addition into Lots 1-6. Marks Addition. Location: 2150 and 2170 Wooten Road and 9125, 9145, 9165. 9185 Washington Boulevard Applicant: Faust Engineering and Sun -eying, Inc. (A public hearing is required on this file.) Caliber Properties is wanting to replat this property into 6 sing'e family lots. The size of the lots would range from 0.17 acres to 0.31 acres. This property was part of a replat of Lot 1 that was approved by the Planning Conunission in February. 2003. The proposed lots meet the lot area, width and depth requirements. The subject plat was sent to all interested parties. No negative -comments have been received. 19 notices were mailed to property owners .%-ithin 200 feet of the subject property. One response in opposition and none in favor_ were returned. Chairman Leister opened the public hearing and asked for the applicant's comments. 2 Planning ConinnssiOn January 26, 2004 Richard Faust of Faust Engineering and Surveying, Inc. addressed the Commission, Chairman Leister asked for comments in favor or in opposition. No comments were made. The public hearing was closed. Commissioner Hurley made a motion to approve the Replat of Lot iA, Block 5, Wescalder Fig Acres Addition into Lots 1-6, Marks Addition. located at 2150 and 2170 Woot,:n Road and 9125, 9145, 9165, 9185 Washington Boulevard. Commissioner Craig seconded the motion. Motion to approve carried 8:0. 3) Re3llat of Lott Block ],Walden Meadows Addition Section One: Request for the replat of Lot 1, Block 1, Walden Meadows Addition, Section One, into Lots 1 and part of Lot 2, Block 1, Walden Meadows, Section Two. Location: Southwest corner of Champions Drive and Silverleaf Street Applicant: B-Line Surveyors, Inc. (A public hearing is required on this tile.) The developer is requesting a replat of Lot 1, Block I of Walden Meadows, Section One in conjunction Nvith the request for a preliminary plat of Walden lbieadows, Section Two. The original Lot I .Fill be subdivided into Lot t and a part of Lot 2, Section Two. This replat vas circulated to all interested parties. No negative comments have been received. Mr. Richardson recommended approval of the replat. Four notices were mailed to property owners Nvithin 200 feet. No responses in favor or in opposition were returned. Chairman Leister opened the public hearing and asked for the applicant's comments. Sam Parigi, 445 N. 140s Street, addressed the Commission. Chairman Leister asked for comments in favor or in opposition. No connnnents were made. The public hearing was closed. Commissioner Craig made a motion to approve a Replat of Lot 1, Block 1, Walden Meadows Addition, Section One into Lots 1 and part of Lot 2. Block 1, Walden Meadows, Section TNvo as requested. Commissioner Bodwin seconded the motion. Motion to approve carried 8:0. Planning Commission January 26, 2004 4) PreliminaMPlat. Warden Meadows Section Two: Consider the Preliminary Plat of Walden Meadows, Section Two, Lots 2-17, Block I and Lots 1-12, Block 5. Location: Northwest corner of Champions Drive and Silverleaf Street Applicant: B-Line Surveyors, Inc. The preliminary plat of Walden Meadows, Section Two includes 29 single family lots. The subdivision plat was sent to all interested parties. No negative responses have been received. Mr. -Richardson recommended approval subject to correcting the plat as per the following conditions: Correct the incorrect flood data. Label the adjoining lots within Walden klcadokvs, Section One. Provide the signature of the oNvner. Delete that part of the "common area" adjacent to Lot 1 and part of Lot 2, Section Two. It was included in Section One. Chairman Leister asked for the applicant's comments. Sam Par'tgi, 445 N. 140' St., addressed the Commission. Commissioner Craig made a motion to approve the Preliminary Plat - Walden Meadows, Section Tvvo, Lots 2-11, Block 1 and Lots 1-12, Block 5 as requested, subject to the following conditions: Correct the incorrect flood data. Label the adjoining lots within Walden Meadows, Section One. Provide the signature of the owner. Delete that part of the "common area" adjacent to Lot i and part of Lot 2, Section Two. It was included in Section One. Commissioner Jones seconded the motion. Motion to approve carried 8:0. 5) Pile 660-OB: Request to abandon Colorado Avenue from University Drive to previously abandoned section of Colorado Avenue. Location: Between University and Cheek Applicant: Gerald McCaig for Lamar University (Commissioner LaBiche abstained from this request.) Mr. Richardson stated that the abandonment is for a 60' x 126.9' section of Colorado Avenue. 4 Planning Commission lanuar} 26.2004 Lamar University is requesting this abandonment so that it can close ingress and egress to this section of the campus from Universit)'. Lamar owns the property on either side of the right-of-way. Colorado, east of the subject property, has been abandoned by the City. Mr. Richardson recommended approval subject to the following conditions: Retain a utility easement to accommodate the existing 48" storm sewer and cable service line or move the existin2' facilities at the University's expense. Put the existing junction box on the north side of Colorado back to original shape. Slides of the subject property were shown. Commissioner Craig made a motion to approve a request to abandon a 60' x 126.9 section of Colorado Avenue from University Drive to the previously abandoned section of Colorado Avenue as requested in File 660-013, subject to the following conditions: Retain a utility easement to accommodate the existing 48" storm sewer and cable service line or move the existing facilities at the University's expense. Put the existing junction box on the north side of Colorado back to original shape. Commissioner Hurley seconded the motion. Motion to approve carried 7:0:1 (LaBiche). 6) File 661-OB: Request to abandon a utility easement in Lots 3 and 4, Block 1, Blackmon Lane Professional Plaza Applicant: American Builders for Dr. Richard Weaver The subject request is for the abandonment of t`•'o 10' x 214.44' utility easements along the east and west sides of the Blackmon Lane Professional Plaza Drive, a 27' private street. This original subdivision was platted with four lots served by the private street. one building was built on Lot 1. It is now the desire of Dr.'Richard Weaver, the property owner, to construct a 71115 sq. ft. building across the north end of the property, thus necessitating the abandonment of the utility easements. Currently, there is a 2" water line in the easement on Lot 3 and a 6" sanitary sever fine and manhole in the easement on Lot 4. eater Utilities states that the end of the 2" water line will have to be relocated to the end of the 10' utility easement on the Planning Commission January 26. -X(A south side of Lot 3 and the sanitary sewer will have to be relocated because the church north of this property ties into that line. Mr. Richardson recommended approval subject to the relocation of the water and sewer lines as per Water Utilities requirements. Slides of the subject property were shown. Chairman Leister asked for the applicant's comments. Richard Faust with Faust Engineering and Surveying, Inc. addressed the Commission. Mr. Faust is,working with American Builders on this project. Commissioner Jones made a motion to approve a request to abandon a utility easement in Lots 3 and 4, Block 1, Blackmon Lane Profession,:i Plaza, as requested in File 661-OB, subject to the relocation of the water and se\xer lines as per Water Utilities requirements. C ommissioner Craig seconded the m otion. 1111 otion to approve carried 8:0. JOINT PUBLIC HEARINGS Mayor Lord called the Joint Public Hearings of January 26, 2004 to order and explained the purpose of the joint hearing process and then turned the sleeting over to Chairman Leister. She explained the policies and procedures for the hearing process. 1) File 1699-Z: Request for a zone change from RS (Residential Single Family Dwelling) to GC-NID (General Commercial -Multiple Family Dwelling) - District or more restrictive district. Location: Southwest corner of Highway 105 and Last Major Drive Applicant: Charlie V. Danna, Sr. Mr. Richardson stated that the applicant, Charlie Danna, states that the propem. has limited resale value with the current zoning and would be suited for commercial development. However, no specific plans were given. The subject property is surrounded by single family residential uses to the west and south. Churches are to the north and east. The nearest GC-N-lD zoning is approximately 1,200' to the west and 2,700' to the east. This request could be considered spot zoning. As listed in the staff report, four issues must be resolved to determine whether a spot zoning situation exists. Mr. Richardson recommended denial of the request. 0 Planning Commission January 26. 2WA Ten notices were mailed to property owners within 200 feet. Four responses to opposition and none in favor were returned. Slides of the subject property were shown. Chairman Leister opened the public hearing and asked for the aliplicant's conunents. The applicant was not present. Chairman Leister asked for comments in favor or in opposition. Leonard Lambright, 5795 E. Major Drive, addressed the Commission in opposition to the request. The public hearing was closed. Commissioner Craig made a motion to den} a request for a zone change from RS to GC -MD District or more restrictive district for the property located at the southwest corner of Highway 105 and East :Major Drive as requested in File 1 G99- Z. Commissioner LaBiche seconded the motion. Motion to deny carried 8:0. 2) File t700�p; Request for an amended specific use permit to allow the opening of a driveway along Long Street to serve a self storage warehouse fa ility in a GC-N ID-2 (General Commercial -Multiple Family Dwelling-2) District. Location: 250 S. Dowlen Road Applicant: David Luquette for Access Self Storage Mr. Richardson stated that the original specific use permit was granted by City Council in January, 2002. As a condition of that approval. the entrance on Long was to be gated and used for emergency purposes only. Scott Monroe, the owner of Access Self Storage, is requesting an amendment to the specific use permit. Mr. Monroe states the storage facility has lost business due to the site not being fully accessible. A fter a r equest f or a median cut o n D owlen Road, the C ity reviewed and denied the request. That denial was based upon the fact that the median width adjacent to the facility is inadequate to "shadow a vehicle. Also, a median cut in this area would infringe into the existing turn lane built into the median to accommodate left turns i nto the driveway of the adjacent shopping wed to exit the center. Mr. Monroe nto Dostates lenthat Road he needs the driveway onoLong toprov de facility mo e and turn north convenient entrance and exit to the facility. John Holm with Fittz and Shipman has been communicating w ith the Kingsto«ne West Townhouse Homeowners Association on the possibility of opening the driveway and they have come to an agreement. Planning Commission January 26. 2004 Mr. Richardson recommended approval of the request subject to the conditions listed in the agreement between the homeowners association and the storage facility. Fifty-six notices were mailed to property owners within 200 feet. Three responses in opposition and none in favor were returned. Slides of the subject area were shown. Discussion of the conditions listed in the agreement followed between staff and the Commission. Chairman Leister opened the public hearing and asked for the applicant's comments. John Holm with Fittz and Shipman, file. addressed the Commission. lie said that the hours of the facility would be 7 a.m. to 7 p.m. He also stated that the pole gate on Long would remain. Chairman Leister asked for continents in favor or in opposition. John Lee, 360 Long, addressed the Commission and reviewed the points of the agreement made between the homeowners association and the storage facility. 'Mildred Doors, a resident of the Kingslowne 1\'est Townhomes, addressed the Commission. Chairman Leister closed the public hearing. Discussion between the Commission, staff and Joh Holm followed. Commissioner Craig made a motion to approve a request for an amended specific use permit to allow the opening of a driveway along Long Street to serve a self - storage warehouse facility in a GC-IbfD-2 District at 250 S. Dowlen Road as requested in File 1700-P, subject to the following conditions: • Access Self Storage shall construct a solid S' high wood fence 400' along Long Street. • Access Self Storage shall provide landscaping along Long Street. Access Self Storage shall install an asphalt speed bump along the existing driveway entrance on the storage propem. • Access Self Storage shall patch the asphalt pavement along Long Street (to be determined by the City of Beaumont and ,access Self Storage). • No signs shall be placed on Long Street. • The existing gate on Long Street will be open 7 a.m. to 7 p.m. only. Planning Commission January 26, 2004 Commissioner Jones seconded the motion. Motion to approve carried 8:0 3) File 1701-P: Request for a specific use permit to allow an ultra -sound imaging studio for expectant mothers in an RCR (Residential Conservation and Revitalization) District. Location: 2633 North Street Applicant: Connie Mitchell Mr. Richardson stated that the applicant, Connie Mitchell, would like to operate a 3D ultra -sound iimaging studio in all existing house at 2633 North Street. The ultrasound services will be elective. The applicant states that the facility will be similar to a photography studio in that the images of the baby that are produced will be for observation only. Hours of operation will be Monday through Friday, 9 a.m. to 5 P.M. Saturday vill be by appointment. openings ti Mr. Richardson recommended approval subject to providing four parking spaces at the rear of the building as required by the Traffic manager. Twenty-six notices were mailed to property ou7lers within 200 feet. No responses in favor or in opposition were returned. Slides of the subject property were shown. Chainnan Leister opened the public hearing and asked for the applicant's comments. The applicant was not present. Comttissioner Hallmark made a motion to table File 1701-P until the next meeting. Commissioner Craig seconded the motion. Motion to table carried 8:0. 4) File_ 1702-P: Request for a specific use permit to allo\.v a retail establishment selling alcoholic beverages with on -premise consumption in a GC -MD (General Commercial -Multiple Family Dwelling) District. Location: 5405 College Street Applicant: Adair's Eskimo Hut, L. P. Mr. Richardson stated that the applicant wants to operate a drive-in store that will sell convenience items, beer, wine, cigarettes and frozen N vine -based daiquiris on property at 5405 College Street. The applicant states that the proposed business ',rill operate :Monday through Saturday, 7 a.m. to 12 midnight and Sundays, 12 noon to 10 p.m. There will be a 0 planning Commission January 26.2004 drive through facility as well as the option of parking and going in the store. The reason for the specific use permit is that they will be required to receive an on - premise consumption license by the TABC. A4r. Richardson recommended approval of the request. 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 Leister opened the public hearing and asked for the applicant's comments. John Adair addressed the Conuiiission and answered questions. Chairman Leister asked for commcnts 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 a retail establishment selling alcoholic beverages with on -premise consumption in a GC -MD District at 5405 College Street as requested in File 1702-P. Commissioner Hallmark seconded the motion. 14lotion to approve carried 8:0. 5) File 1703-P: Request for a specific use permit to allow the administrative office of a residential care business in an RCR (Residential Conservation and Revitalization) District. Location: 1890 Broadway Applicant: St. Giles Living Centers, Ltc. St. Giles Living Centers, Inc. has purchased the fanner insurance office building at 1890 Broadway with the intention of moving its administrative office to that location. This office will house approximately 12 administrative staff members. St. G iles d oes n of i ntend t o rn ake a ny t ype o f c hanges to the integrity o f t he building. Mr. Richardson recommended approval of the request. Seventeen notices were mailed to property ovmers 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. N Planning Commission January 26. 2004 Paula Peacock, Director for St. Giles Living Centers - Beaumont Region, addressed the Commission. Ms. Peacock said that they are currently located at 2192 Eastex Freeway. She stated that their office hours will be Monday through Friday, 8 a.m. to 5 P.M. Chainnan Leister asked for comments in f'N'or or in opposition. Laura Stager, 1805 Broadway, addressed the Commission. She expressed concerns about a possible increase in traffic. hts. Peacock said that there %rill be 12 administrative staff members during the day, some staff from the direct care facilities coming in the afternoon and job applicants from lime to time. The public hearing was closed. COmmissionerBodwin made a motion to approve a specific use permit to allow the administrative office of a residential care business in an RCR District at 1890 Broadway as requested in File 1703-P. Commissioner Hurley seconded the motion. Motion to approve carried 8:0. OTHER BUSINESS Commissioner Hallmark expressed his concerns of eonunercial business encroaching into the Oaks Historic District and asked if the City would be willing to consider eliminating the RCR District and rezoning to RS. THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED AT 4:47 P.M. ABS".11"14,NTION AFFIODAVI"It" THE STATE OF TEXAS § COUNTY OF JEl FERSON § La 1A.Che--. HAWNIW�,' as a member of the (City Council, commission, or board) make this affidavit and hereby on oath state the following: 1, and/or a person or persons related to me, have a substantial interest in a business entity that would be peculiarly affected by a vote or decision of the ---- OW/I / -::5 / 0 0 (City Council, commission, or board) as those terms are defined in v.-r.C.A., Local Government Code, §171 M2. The business entity (Narne) (Address) ("I," or narne of relative and relationship) have/Eras a substantial interest in this business entity for the following reasons: (check all of which are, applicable.) Ownership of 10 percent or more of the voting stock or shares of the business entity. Ownership of either 10 percent or more or $15,000 or more of the fair market value of the business entity. ✓ Funds received from the business entity exceed 10 percent of (my, her, his) gross income for the previous year. Real property is involved, and (1, he, she) ___ have an interest which is all equitable or legal ownership with a fair market value of at leasF$2,500. A relative of mine, within the first or second degree by blood or marriage, has a substantial interest in the business entity or property that would be affected by a decision of the public body of which I am a member. Upon filing of this affidavit with the City Clerk, I affirm that I will abstain frorn voting on any decision involving this business entity and from any further participation on this matter whatsoever. Signed this the 14 day of 'A/o o14-Aq Signature of official Title BEFORE ME-, the undersigned authority, on this day personally appeared i'i and on oath stated that the facts hereinabovo stated are true to the best of his/her knowledge or belief. SWOR 6111JUJIMA"61 e on this the day of. 0 2 *Y P& 01 B. JILI. COLE NOTARY PU STATE OF TEXAS MyGomm Expires Ol-27-2004 Notaty Public in and for the State of Texas