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HomeMy WebLinkAbout4-21-03 PC MinutesMINUTES REGULAR MEETING AND JOINT PUBLIC HEARINGS PLANNING COMMISSION CITY COUNCIL April 21, 2003 City Council Chambers A Regular Meeting and Joint Public Hearings ofthe Planning Commission and City Council were held on April 21, 2003 with the following members present: Commission members present: Chairman Laurie Leister Vice -Chairman Greg Dykeman Commissioner Dohn LaBiche Commissioner Dale Hallmark Commissioner Glenn Bodwin Commissioner Marty Craig Commissioner Walter Kyles Commissioner Lynda Kay Makin Commission members absent: Commissioner Carlos Hernandez Councilmembcrs present- Mayor Evelyn Lord Mayor Pro-Tem Lulu Smith Councilman -at -Large Andrew Cokinos Councilmember-at-Large Becky Ames Councilman Guy Goodson Councilman Audwin Samuel Councilmember Bobbie Patterson Also present: Stephen Richardson, Planning Manager; Tyrone Cooper, First Assistant City Attorney; Jill Cole, Recording Secretary; Adina Abshire, Planner; Bart Baker, Senior Planner; Tom Warner, Public Works Director; Kyle Hayes, City Manager Commissioner Hallmark made a motion to approve the minutes of the Regular Meeting and Joint Public Hearings held March 17,2003. Vice -Chairman Dykeman seconded the motion. Motion to approve carried 6:0. Planning Commission April 21, 2003 REGULAR MEETING 1) Preliminary Plat -Stone Oak Industrial Park: Consider the Preliminary Plat of Stone Oak Industrial Park, a Replat of the M. C. Cartwright Subdivision into Section 1, Lots 1-9. Location: 4805-4845 Stone Oak Drive Applicant: B-Line Surveyors The applicant, B-Line Surveyors, is applying for Phase I of Stone Oak Industrial Park. The property is located on the south side of Cardinal Drive, west of Warren right-of-way. Phase I includes 9 lots varying in size from 1.51 acres to 4.36 acres. The property will be served by Stone Oak Drive which is being developed to industrial street standards. The applicant is requesting a variance of the 800' maximum cul-de-sac length requirement. The cul-de-sac is approximately 2,000 feet in length. The applicant states that this variance is needed because there is no other reasonable way to configure this industrial park. (Commissioner Kyles arrived.) This plat was sent to all interested parties. Mr. Richardson recommended approval subject to the conditions listed in the staff report and from Drainage District #6 and with a variance to the maximum cul-de- sac length requirement. Eight notices were mailed to property owners within 200 feet. One in favor and none in opposition were returned. Mr. Richardson answered questions about cul-de-sac requirements. Chairman Leister asked for the applicant's comments. Haywood Calcutta with B-Line Surveyors, the applicant, addressed the Commission and said that they would comply with the requests of the Commission. Vice -Chairman Dykeman made a motion to approve the Preliminary Plat of Stone Oak Industrial Park, a Replat of the M. C. Cartwright Subdivision into Section 1, Lots 1-9 located at 4805-4845 Stone Oak Drive, subject to a variance to the maximum cul-de-sac length requirement and to the following conditions: I Provide the radii for curves where Stone Oak Drive turns to the west and the turning radii where Stone Oak Drive intersects with Cardinal Drive. (Engineering) N Planning Commission April 21,2003 2) Correct the spelling of "temporary" in proposed temporary cul-de-sac. (Engineering) 3) Correct the fire hydrant spacing as per Fire Department requirements. (Fire Department) 4) Loop water line back into Romeda Boulevard. (Fire Department) 5) An alternative design for the water and sanitary sewer needs to be submitted to the Water Utilities office. The water line cannot cross the LNVA canal and there are other alternatives for the design of the sanitary sewer system. (Water Utilities) 6) See the City of Beaumont Water Utilities standards for long side sanitary sewer service line connections. (Water Utilities) 7) Each outfall into the two DD#6 ditches will need to be constructed with their typical detail tying a storm sewer into an earthen ditch. 8) Additionally, the ditch on the south end of the proposed subdivision will need to be extended easterly to accommodate the new drain pipe which runs between Lot 18 and Lot 5. This ditch extension will need to be constructed by the developer to the Drainage District's standard of 3 - I side slopes with a minimum 6'bottom and will need to provide back -of - slope swale ditches with at least two down spouts. The depth of ditch needed will be controlled by the depth of the proposed Stone Oak outfall pipe. Commissioner Hallmark seconded the motion. Motion to approve carried 7:0. (Commissioner Craig arrived.) 2) Request to allow a public hearing on File 1661-P prior to the end of the 12 month period as per Article V, Section 8 (2) of the Planning Commission bylaws. Location: 2495 Gulf Street Applicant- Thomas Sibley for Correctional Systems, Inc. This i s a n ew r equest f or a s pecific u se p ennit t o a flow t he e xpansion o f t he Correctional Systems, Inc. facility at 2495 Gulf Street. A previous request for expansion was heard on June 17, 2002. If this new request was heard on May 12, that would be before the expiration of the one year time period. Article V, Section 8 of the Planning Commission Bylaws states that a request that has been considered on the same parcel of land during the past twelve months shall not be rescheduled unless referred back by the City Council or upon written request by t he a pplicant w ith p ertinent facts w bich t he P lanning C ornmission deemed sufficient to warrant a new hearing. Chairman Leister asked for the applicant's comments. Tom Sibley, the applicant, addressed the Commission. 3 Planning Commission April 21, 2003 Commissioner LaBiche made a motion to approve the request to allow a public hearing on File 1661-P prior to the end of the 12 month period as per Article V, Section 8 (2) of the Planning Commission bylaws. Commissioner Craig seconded the motion. Motion to approve carried 8:0. JOINT PUBLIC HEARINGS Mayor Lord called the Joint Public Hearings of April 21, 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. File 1658-Z/P: Request far azone change from RM-H (Residential Multiple Family Dwelling -Highest Density) to RCR (Residential Conservation and Revitalization) District and a specific use permit to allow the expansion of an existing grocery store. Location: 4700-10 Steelton Applicant: John LaRocca The applicant, John LaRocca, is requesting a zone change and specific use permit to allow the expansion of the grocery store located at 4700-10 Steelton. The store has been in existence since the 1940's. Mr. LaRocca resides in a house adjacent to the grocery. In 1997, a specific use permit was granted to allow a plant nursery on a portion of the property. The nursery is no longer operating. Mr. LaRocca would like to expand and update the grocery store. This would include enlarging the parking area in front of the store and house. The store is considered a legal non -conforming use. The Zoning Ordinance, however, does not allow for the expansion of a legal non -conforming use unless the expansion is used by a use that is permitted in that zoning category. In order to expand the store, the only option for Mr. LaRocca is to ask for a zone change to a district that would allow a grocery store either by right or with a specific use permit. Mr. Richardson recommended approval of the request with a modification to the landscaping/screening requirements along the north and east property lines. Nineteen notices were mailed to property owners within 200 feet. No responses in favor or in opposition were returned. (Councilperson Patterson arrived.) Slides of the subject property were shown. Plannine Commission April 21, 2003 Chairman Leister opened the public hearing and asked for the applicant's comments. John LaRocca, the applicant, was present at the meeting. Chairman Leister asked for comments in favor or in opposition. Bob Wortham addressed the Commission on behalf of Wayne Reaud and Glen Morgan who received a letter notifying them of the meeting, but was not sure of the specifies of the request. In response to Commissioner Hallmark, Mr. Richardson said that the greenhouse would be tom down. Chairman Leister asked Mr. LaRocca to come forward and give more information about his plans. John LaRocca, the applicant, addressed the Commission and Council. He said he would be expanding the grocery store to the east and the parking lot will be 25from the property line. He lives in the house and will continue to live there. He would like to expanding a couple hundred square feet, but it will never be larger than 4,000 square feet. The neighbor to the north does not want any screening there because she doesn't want the view blocked when she backs out of her driveway. hiresponsc to Commissioner Bodwin, Mr. LaRocca said that any signage would be in the front on the wood fence that is proposed to the east of the parking north running north to south from the house to the property line. Any signs will be back behind the parking lot. The public hearing was closed. Commissioner Craig made a motion to approve a request for a zone change from RM-H to RCR District and a specific use permit to allow the expansion of an existing grocery store at 4700-10 Steelton as requested in File 1658-Z/P, with a modification to the landscaping/screening requirements along the north and east property lines. Commissioner Hallmark seconded the motion. Motion to approve carried 8:0. 2) File 1663-ZIP: Request for a zone change from RS (Residential Single Family Dwelling) to RM-H (Residential Multiple Family Dwelling -Highest Density) District and a specific use permit for an acupuncture clinic. Location: 4215 Folsom Applicant: Helen Zhou Mr. Richardson told the Commission and Council that the applicant, Helen Zhou, is requesting this rezoning and specific use permit for her property at 4215 Folsom. Mrs. Zhou states that she would continue to live in the house. The acupuncture clinic would occupy about 50% of the structure. The clinic would operate Monday- W Planning Commission April 21, 2003 Friday, 9 a.m. - 4 p.m. She estimates that a maximum of 8-10 customers a day would visit the clinic. The Development Strategies element of the Comprehensive Plan designates this area as "Stable". These areas are generally characterized by good to excellent structural conditions and neighborhoods that are free from blighting influences such as incompatible land uses, dilapidated and derelict buildings and a deteriorated or poor public infrastructure. The subject property is located at a very busy comer. To the east of the subject property are commercial uses. While staff recognizes that the subject property is a busy intersection and across the street from commercial uses, staff is concerned over the encroachment of commercial uses into a stable single family residential area. In addition, this request would not be in conformance with the Comprehensive Plan. Mr. Richardson recommended denial of the request. Fifteen notices were mailed to property owners within 200 feet of the subject property. One response in favor and three in opposition were received. Mrs. Zhou submitted a petition right before the meeting with six signatures of neighbors in favor. of the request. Slides of the subject property were shown. Chairman Leister opened the public hearing and asked for the applicant's comments. Helen Zhou, the applicant, addressed the Commission. Chairman Leister asked for comments in favor or in opposition. Linda Hebert, 4220 Arthur, addressed the Commission in opposition to the request. Bernadette Moore, 4220 Arthur, addressed the Commission in opposition to the request. John Conway, 520 Dowlen, addressed the Commission in favor of the request. Mr. Conway is a client of Mrs. Zhou. Jim Mehaffy, 4830 Folsom, addressed the Commission in opposition to the request. Bob Wortham, addressed the Commission on behalf of Wayne Reaud, who owns property at Treadway and Folsom. 0 Planning Commission April 21, 2003 Diane Downing addressed the Commission in favor of the request. Ms. Downing is Mrs. Zhou's English teacher. Marvin Gordy, 4430 Folsom, addressed the Cornmission in opposition to the request. Chairman Leister closed the public hearing. Rebuttal by the applicant, Helen Zhou. Mr. Mehaffy commented on the petition submitted by Mrs. Zhou. Rebuttal by Mrs. Zhou. The public hearing was closed. Comments from Commission members followed. Commissioner Craig made a motion to deny a request for a zone change from RS to RM-H District and a specific use permit for an acupuncture clinic at 4215 Folsom Drive as requested in File 1663 -ZIP. Commissioner LaBiche seconded the motion. Motion to deny carried 8:0. 3) File 1664-Z: Request for a zone change from RM-H (Residential Multiple Family Dwelling -Highest Density) to RCR (Residential Conservation and Revitalization) District. Location: 1000 block (even) of Alabama, 1000 block of Georgia, 1000 block of Iowa, 1100 block (even) of Iowa, 1000- 1100 blocks of Oregon, 1000- 1100 blocks of Vermont, 1000 block (odd) of Florida, 4900-5 100 blocks of Cochran Applicant: City of Beaumont Planning Division The proposed rezoning covers an 8 block area of the South Park neighborhood. The South Park Neighborhood Plan designates this a rea as a "Redevelopment Area A redevelopment area would allow for residential, some commercial and other uses that would complement the existing neighborhood and the university community. RCR zoning would allow for low density residential by right and high density residential, some commercial and other uses with specific use permits. The subject area consists of a variety of land uses with the majority of the land consisting of multi -family or vacant. Lamar University owns the majority of the blocks bounded by Alabama, Florida, Rolfe Christopher and Cochran. h Planning Commission April 21, 2003 This area has deteriorated significantly over the years. With the investment the University is making into the area, the rezoning would allow development that would benefit both the University and the neighborhood. One hundred fifty notices were mailed to property owners within the subject area and within 200 feet, Fifty-two responses in favor and none in opposition were received. Thirty-five of the responses received in favor are inside the eight block area and 17 are within 200 feet of the subject property. Maps of the subject property were shown. Discussion of allowed uses in the proposed district followed. Chairman Leister opened the public hearing and asked for comments in favor or in opposition. Tess Pate, 1185 Goldsborough, addressed the Commission in opposition to the request. Mrs. Pate owns property within the subject area. Sue Gabriel, 1096 Oregon, addressed the Commission in opposition to the request. Dwayne Buckley, 5245 Espar, addressed the Commission and asked for clarification of the request. Laura Stoute, 1034 Alabama, spoke in opposition to the request. Patricia Matthew, 1002 Iowa, spoke in opposition to the request. Warren Wargo, pastor of Lamar Baptist Church, addressed the Commission and asked for clarification of the request. Tess Pate commented on crime reports that she has obtained from the Police Department. Rex Johnson, 4350 Chaison Street, addressed the Commission. Comment from Commissioner Hallmark followed. The public hearing was closed. Commissioner Hallmark made a motion to approve a request for a zone change from RM-H to RCR District for property in the tOOO block (even) of Alabama, 1000 block ofGeorgia, 1000 block of Iowa, 1100 block (even) of Iowa, 1000- 1100 blocks of Oregon, 1000- 1100 blocks of Vermont, 1000 block (odd) of Florida, 4900-5 100 M Planning Commission April 21, 2003 blocks of Cochran as requested in File 1664-Z. Commissioner LaBiche seconded the motion. Motion to approve carried 7: 1 (Dykeman). 4) File 1665-Z: Request for a zone change from LI (Light Industrial) to RS (Residential Single Family Dwelling) District. Location: 1700 Chambless Applicant: Coreen Valverde The applicant has a buyer for the subject property and the buyer would like to build a single family home on the property. The developed lots along Chambless are occupied by single family residences. In 1990, a request for RS for two lots immediately to the east of the Laura Addition was granted. The subject property is 76'east of this RS zoning. Mr. Richardson recommended approval of the request. The Planning Commission and City Council may want to instruct staff to go ahead and initiate the rezoning to RS of the remaining lots along the north side of Chambless. Eight notices were mailed to property owners within 200 feet. Three responses in favor and none in opposition were returned. Mr. Richardson said that a petition in favor was submitted to him with nine names, including some within 200'. Slides of the subject property were shown. Chairman Leister opened the public hearing and asked for the applicant's comments. Coreen Valverde, the applicant, was present at the meeting. Chairman Leister asked for comments in favor or in opposition. No comments were made. The public hearing was closed. The Commission instructed staff to conduct a rezoning study of the remaining lots along Chambless. Commissioner Craig made a motion to approve a request for a zone change from LI to RS District for the property at 1700 Chambless as requested in File 1665-Z. Commissioner Bodwin seconded the motion. Motion to approve carried 8:0. 5) File 1666-Z: Rezone Old Charlton Pollard School site from RM-H (Residential Multiple Family Dwelling -Highest Density) to LI (Light Industrial) District. Applicant: Fittz and Shipman, Inc. for Mobil Oil (Commissioner Bodwin abstained from File 1666-Z.) 0 Planning Commission April 21, 2003 The zone change request is for the 8.95 acre site of the former Charlton -Pollard High School site. Exxon Mobil now owns the vacant property. The property will be used as an additional equipment storage and for overflow contractor/employee parking. Properties formerly used for these uses are now occupied by a new electrical sub -station. In addition, a new co -generation plant will soon be constructed on. other ExxonMobil property in the general vicinity. Mr. Richardson recommended approval of the request. Seventy-two notices were mailed to property owners within 200 feet. Three responses in favor and none in opposition were received. Slides of the subject property were shown. Chairman Leister opened the public hearing and asked for the applicant's comments. John Holm of Fittz and Shipman, Inc. addressed the Commission on behalfof Mobil Oil. Johnny Casmore of ExxonMobil was present at the meeting. Chairman Leister asked for comments in favor or in opposition. Freddie Brown, 2025 Leiper, addressed the Commission and asked for clarification of the request. The public hearing was closed. Commissioner LaBiche made a motion to approve a request to rezone the Old Charlton Pollard School site from RM-H to LI District as requested in File 1666-Z. Commissioner Craig seconded the motion. Motion to approve carried 7:0:1 (abstention). 6) File 648-OB: Request for amendments to Section 30-38 (a) and (b), Section 2-31 (a) and (b) and Section 2-33, Code of Ordinances. Applicant: City of Beaumont Planning Division City administration is requesting that these sections be amended to allow for the addition of three alternate members to the Planning Commission, The three alternates will be appointed by the Mayor subject to approval by the City Council. Five regular and/or alternate members shall constitute a quorum of the Planning Commission. H Planning Commission April 21, 2003 Mr. Richardson recommended approval of this request. Discussion between staff and the Commission followed. Chairman Leister opened the public hearing and asked for comments in favor or in opposition. No comments were made. The public hearing was closed. Commissioner Kyles made a motion to approve a request for amendments to Section 30-38 (a) and (b), Section 2-31 (a) and (b) and Section 2-33, Code of Ordinances as requested in File 648-013. Commissioner LaBiche seconded the motion. Motion to approve carried 8:0. Discussion of amendments to Planning Commission bylaws. Discussion of change of date of May 19, 2003 Joint Public Hearings to May 12, 2003, Commissioner Hallmark made a motion to approve to change the date of the Joint Public Hearing from May 19, 2003 to May 12, 2003. Commissioner Craig seconded the motion. Motion to approve carried 8:0. THERE BEING NO FURTHER BUSINESS, THE MIEETING WAS ADJOURNED AT 5:15 P. M. it