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HomeMy WebLinkAbout9-15-03 PC MinutesMINUTES REGULAR MEETING AND JOINT PUBLIC HEARINGS PLANNING COMMISSION CITY COUNCIL September 15, 2003 City Council Chambers A Regular Meeting and Joint Public Hearings of the Planning Commission and City Council were held on September 15, 2003 with the following members present: Commission members present: Chairman Laurie Leister Commissioner Dale Hallmark Commissioner Dohn LaBiche Commissioner Walter Kyles Commissioner Lynda Kay Makin Commissioner Virginia Hurley Alternate Ted Moor Alternate Steven Johnson Commission members absent: Vice -Chairman Greg Dykeman Commissioner Glenn Bodwin Commissioner Marty Craig Alternate Paul Jones Councilmembers present: Mayor Evelyn Lord Mayor Pro-Tem Lulu Smith Councilman -at -Large Andrew Cokinos Councilperson Nancy Beaulieu Councilmernber Bobbie Patterson Councilman Audwin Samuel Councilmembers absent: Councilmember-at-Large Becky Ames Also present: Stephen Richardson, Planning Manager; Tyrone Cooper, First Assistant City Attorney; Jill Cole, Recording Secretary; Adina Abshire, Planner; Cheryl Robinson, Senior Planner APPROVAL OF THE MINUTES Commissioner Hallmark made a motion to approve the minutes of the Regular Meeting and Joint Public Hearings held August 18, 2003. Commissioner Hurley seconded the motion. Motion to approve carried 8:0. Planning Commission September 15, 2003 REGULAR MEETING 1) File 655-OB: Requestto abandon VermontAvenue from a point approximately 125' west of M. L. King Parkway west to the Union Pacific Railroad right-of-way. Applicant: Ronald Sullivan for Mobil Pipeline Co. Mobil Pipeline Company wants to abandon a 260' portion of Vermont Avenue approximately 125'west of M. L. King Parkway so that it may restrict public access to its existing pipelines and facilities. All lots adjoining this portion of Vermont are owned by Mobil Pipeline Company. The request was sent to all interested parties. No objections were received, Mr. Richardson recommended approval. Slides of the subject area were shown. Chairman Leister asked for the applicant's comments. Ronald Sullivan of Mobil Pipeline Company addressed the Commission. Commissioner LaBiche made a motion to approve a request to abandon a 260' portion of Vermont Avenue from a point approximately 125'west of M. L. King Parkway west to the Union Pacific Railroad right-of-way as requested in File 655- OB. Commissioner Kyles seconded the motion. Motion to approve carried 8:0. JOINT PUBLIC BEARINGS Mayor Lord called the Joint Public Hearings of September 15, 2003 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. 1) File 1683-P: Request for a specific use permit to allow a parking lot in an NC (Neighborhood Commercial) District. Location: 4020 Park Street Applicant: Roosevelt Frank Mr. Richardson stated that the specific use permit request is for property located at the southeast comer of Harriot and Ector. Roosevelt Frank, the property owner, and others have been parking their commercial trucks on his property located at Park and Harriot. N Planning Commission September 15, 2003 Approximately six years ago, Mr. Frank and others were cited for parking their commercial vehicles in their residential neighborhoods. At that time, Mr. Frank explained to staff that they used to park their vehicles at the Petro Truck Stop but their vehicles were being vandalized. Mr. Frank and others got permission to park their trucks on the subject property. He spoke with staff who gave the truck owners permission to park there. Recently, the City received a citizen complaint about trucks parking at this site. As a result, staff looked at the current situation and determined that a specific use permit is required. Therefore, Mr. Frank brought in his application. Mr. Frank is requesting a waiver of the screening/landscaping requirements along the north, south and west property lines. Along the south property line, an Wtall wood screening fence and 10' wide landscape strip would be required. A 4' tall chain link fence and a 6' tall wood fence exist along a part of the south property line. Along the north and west street frontages, a 6wide landscape strip would be required. Currently, no screening exists along those frontages. Mr. Richardson recommended approval subi cct providing an 8' tall wood screening fence along the south property line, a 6'wide landscape buffer along the north and west property lines and with a modification to the landscaping requirements along the south property line. Twenty-three notices were mailed to property owners within 200 feet. Eleven responses in favor and none in opposition were returned. Slides of the subject property were shown. Chairman Leister opened the public bearing and asked for the applicant's comments. Roosevelt Frank, the applicant, addressed the Commission and answered questions regarding the fence, the number and size of trucks and hours of operation. (Councilperson Bobbie Patterson arrived.) Chairman Leister asked for comments in favor or in opposition. Patrick Keenan,'l 150 Alma, addressed the Commission in favor of the request. Mr. Keenan said he would prefer not to have the fence on the south side. Vernon Booker, 2410 Cartwright, addressed the Commission in favor of the request. Ronald Patterson, 1160 Harriot, addressed the Commission in favor of the request. k] Planning Commission September 15, 2003 Rex Johnson, 4350 Chaison, addressed the Commission in opposition to the request. The public hearing was closed. Comments from the Commission and City Council. Rebuttal by Mr. Frank. (Councilman Audwin Samuel arrived.) Commissioner Kyles made a motion to approve a request for a specific use permit to allow a parking lot in an NC District at 4020 Park Street as requested in File 1683-P, subject to providing a 6'wide landscape buffer along the north and west property lines with a modification to the landscaping requirements along the south property line, a waiver of the requirement for the 8' tall wood screening fence along the south property line, limiting the number of trucks parked to 5 trucks, hours of operation from 7 a.m. to 6 p.m. and subject property be used for truck parking only (minimal maintenance on permitted trucks allowed). Commissioner LaBiche seconded the motion. Motion to approve carried 8:0. 2) File 1684-P: Request for a specific use permit to allow a retail business and related parking and service drives in a GC-MD-2 (General Commercial -Multiple Family Dwelling-2) District, Location: Northwest comer of Dowlen Road and Delaware Street Applicant: Adams Consulting Engineers, Inc. Mr. Richardson presented the staff. report. The applicant, Adams Consulting Engineers, is requesting a specific use permit to allow a 100,000 sq. ft. retail building with related parking and service drives on an 11.98 acre tract of land at the northwest comer of Dowlen Road and the Delaware Extension. This phase is part of an overall development that will include a 93,000 sq. ft. HEB store and an additional 50,000 sq. ft. of retail space. In 1999, City Council approved a zone change for this property. Part was zoned GC -MD and the part that backed up to Barrington Heights Subdivision was zoned GC-MD-2. The HEB store will be constructed on the GC -MD property and does not require a specific use pen -nit. The subject property will be developed with a 96,463 sq. ft. building and a future expansion area of 20,000 sq. ft. The appropriate parking for this building and service drives for this building and for the HEB, store are also included in the site plan. Along the north property line, an 8' tall wood screening fence and a 20' wide landscape strip will be installed. Along the west property line, an 8' tall wood 4 Planning Commission September 15, 2003 screening fence is being constructed. Along that same property line, there will be installed approximately 1,025' of landscape buffer that is 20' wide. Along the remaining distance will be a 6 Y2' wide landscape buffer. This is due to the configuration of the driveway along the rear of the HEB store. Mr. Richardson recommended approval subject to providing a minimum of a 10' wide landscape buffer along the south 340'+/- of the west property line. Sixty-one notices were mailed to property owners within 200 feet. Seven responses in favor and six in opposition were returned. Slides of the subject property were shown. Chairman Leister opened the public hearing and asked for the applicant's comments. Sam Parigi, 445 N. 14' Street, addressed the Commission. Jim Lopez of Adams Consulting Engineers addressed the Commission. John Grigsby, 6015 Barrington, expressed concerns about lighting and asked if the building that was proposed was one story or two story. Nick DeRoos, 6025 Barrington, reading from the September 1999 minutes of the Planning Commission, asked about the proposed 100' wide buffer along the rear property line. Regina Parks, 6095 Barrington, expressed concern that the proposed tenant could be an establishment that served alcohol. Brian Alter, 645 Kennedy, addressed the Commission in favor of the request. Buddy Low, 3855 Wheat Drive, addressed the Commission in favor of the request. Ron Simms, 3540 Charleston, addressed the Commission and stated that he was concerned about the unknown specifics of the project. Juan Carrillo, 3530 Charleston, addressed the Commission in opposition to the request. Chairman Leister closed the public hearing. Rebuttal by Mr. Parigi and Mr. Lopez. Planning Commission September 15,2003 Mr. Richardson clarified that the 100'wide buffer that was mentioned earlier is the panhandle between Barrington Heights and the GC -MD zoned property. He explained that it was zoned GC-MD-2 so that it would be a buffer between the single family and GC -MD. Discussion followed between the applicants, staff, Planning Commission and City Council. Mr. LaBiche explained that it was a buffer in that City Council would approve what is built on the GC-MD-2 part. Mr. Cooper clarified that Mr. Richardson has the authority, by ordinance, to approve minor variations from the original specific use permit that do not increase density, change traffic patterns or result in any increase in external impact on adjacent properties or neighborhoods. Commissioner LaBiche made a motion to approve a request for a specific use permit to allow a retail business and related parking and service drives in a GC-MD- 2 District at the northwest comer of Dowlen Road and Delaware Street as requested in File 1684-P, subject to providing a minimum of a I O'wide landscape buffer along the south 340'+ of the west property line, that the maj or tenant building not exceed one story in height, permitted uses be restricted to SIC Code 56 and 57, all ingress and egress of 18 wheeler traffic be limited to the west side of the property. Commissioner Hallmark seconded the motion. Kyle Todd of Entergy addressed the Commission. Mr. Todd answered questions regarding I ighting a nd gave i n formation on c ontrolled d ownlight f ixtures w ith reflectors. Commissioner LaBiche amended his motion to include that the lighting used be controlled downlighting. Commissioner Hallmark seconded the amended motion. Motion to approve carried 8:0. 3) File 1685-Z: Request for a zone change from RM-M (Residential Multiple Family Dwelling -Medium Density) and GC -MD, (General Commercial -Multiple Family Dwelling) to RM-M or a more restrictive district. Location: 8550 Old Voth Road Applicant: Gary Stark The applicant, Gary Stark, is requesting the zone change so that he may sell part of the subject tract of land to another individual for single family development. Mr. Stark built a business location for Allied Elevator of Beaumont on the east half of the property at 8745 Eastex Freeway. Someone has come to him asking to buy the western half of the property for the purpose of constructing their, home. Planning Commission September 15,2003 Mr. Richardson recommended a zone change to RS (Residential Single Family Dwelling) District. Seven notices were mailed to property owners within 200 feet. One response in favor and none in opposition were returned. Chairman Leister opened the public hearing and asked for the applicant's comments. Gary Stark, 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 Hallmark made a motion to approve the request for a zone change from RM-M and GC -MD to RS District for the property located at 8550 Old Voth Road as requested in File 1685-Z. Commissioner Hurley seconded the motion. Motion to approve carried 8:0. 4) File 1686-P: Request for a specific use permit to allow a transitional housing (residential care) facility in an RCR (Residential Conservation and Revitalization) District. Location: 1616 Sabine Pass Applicant: Statewide Consolidated Community Development Corporation, Inc. Statewide Consolidated Community Development Corporation is proposed to open and operate a transitional housing facility for disabled persons. Statewide is working with the Beaumont Housing Authority and Spindletop MIUvfR Services to help those individuals in serious need for affordable housing. Statewide proposes to renovate the old Salvation Army building. The facility will provide personal, individualized care and assistance on a daily basis. Rosie Jones, the director of Statewide, states that the facility can accommodate up to 40 individuals. The building is to be totally renovated and landscaped. An 8'tall privacy fence will be installed to serve as a buffer to the surrounding properties. Sixteen notices were mailed to property owners within 200 feet. Seven responses in favor and one in opposition were returned. Chairman Leister opened the public hearing and asked for the applicant's comments. Rosetta Jones, Executive Director of Statewide Consolidated Community Planning Commission September IS, 2003 Development Corporation, addressed the Commission and answered questions about the type of residents to be housed. Chairman Lcister asked for comments in favor or in opposition. Leon Foster, 8735 Bienville, addressed the Commission. Mr. Foster attends Christ Mission Temple Church located at 1685 Pennsylvania which is adjacent to the subject property. The public hearing was closed. Discussion followed between the Commission members. Commissioner Kyles made a motion to approve a request for a specific use permit to allow a transitional housing (residential care) facility in an RCR District located at 1616 Sabine Pass as requested in File 1686-P, subject to revising the site plan to reflect the moving of the south curb cut for the curved drive 10' feet from the south property line, that the facility will not house sex offenders or persons with felony convictions involving serious bodily injury and with a maximum capacity of 40 persons. Commissioner LaBiche seconded the motion. Motion to approve carried 8:0. [11111 DI t4 3IL 1►`LD&V THEREBEING NO FURTHERBUSINESS,'E MEETING WAS ADJOURNED