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HomeMy WebLinkAbout11-18-02 PC MinutesMINUTES REGULAR MEETING AND JOINT PUBLIC HEARINGS PLANNING COMMISSION CITY COUNCIL November 18, 2002 City Council Chambers A Regular Meeting and Joint Public Hearings of the Planning Commission and City Council were held on November 18, 2002 with the following members present: Commission members present: Vice -Chairman Greg Dykeman Commissioner Walter Kyles Commissioner Carlos Hernandez Commissioner Dale Hallmark Commissioner Dohn LaBiche Commissioner Glenn Bodwin Commission members absent: Chairman Laurie Leister Commissioner Bill Lucas Commissioner Marty Craig Councilmembers present: Mayor Pro -Tern Lulu Smith Councilman -at -Large Andrew Cokinos Councilman Guy Goodson Councilman Audwin Samuel Councilmember Bobbie Patterson Councilmembers absent: Mayor Evelyn Lord Councilmember-at-Large Becky Ames Also present: Stephen Richardson, Planning Manager; Tyrone Cooper, First Assistant City Attorney; Adina Abshire, Planning Technician; Jill Cole, Recording Secretary; Bart Baker, Senior Planner; Tom Warner, Public Works Director, Kyle Hayes, City Manager; Anna Varela, Code Enforcement Officer; Bonnie Sernien, Code Enforcement Officer Commissioner Hernandez made amotion to approve the minutes ofthe Regular Meeting and Joint Public Hearings held October 21,2002. Commissioner Hallmark seconded the motion. Motion to approve carried 5:0. Planning Commission Nowmber 18,2002 REGULAR MEETING 1) Preliminary Plat - Christina Court - Consider the Preliminary Plat of Christina Court, Section 11, Phase 11, Lots 17-23, Calder Highlands Extension Applicant: Fittz and Shipman, Inc. Mr. Richardson stated that the preliminary plat is a 3.8 acre, 7 lot single family residential subdivision. Christina Court will be extended to serve the subdivision. All drainage and utilities have been stubbed out to receive the improvements for Section Two. The subdivision was sent to all interested parties for review. No negative responses were received. Mr. Richardson recommended approval of the plat. Vice -Chairman Dykeman asked for the applicant's comments. John Holm with Fittz and Shipman, Inc,, the applicant, addressed the Commission. Bill Little was also present. Commissioner Hallmark made a motion to approve the Preliminary Plat ofChristina Court, Section U, Phase 11, Lots 17-23, Calder Highlands Extension as requested. Commissioner Bodwin seconded the motion. Motion to approve carried 5:0. JOINT PUBLIC HEARINGS Mayor Pro -Tern Smith called the Joint Public Hearings of November 18, 2002 to order and explained the purpose of the joint hearing process and then turned the meeting over to Vice - Chairman Dykernan. He explained the policies and procedures for the hearing process. I File 1641-P: Request for a specific use permit to allow guest quarters in an RS (Residential Single Family Dwelling) District. Location: 235 Canterbury Drive Applicant: Jeffrey R. Coulter Mr. Richardson stated that in June, 2002, the Planning Division received a complaint that the accessory structure at the rear of the subject property was being used as a residence. In July, the property owner notified the City that the tenant had moved out. As a result of the complaint, the property owners have made application to use the structure as guest quarters. K Planning Commission November 18,2002 When the property owners purchased the house in 1999, the accessory structure was already there. The previous owner had converted a garage, to living quarters for an ill parent. At that time, no pen -nits were received. Mr. Richardson recommended approval of the request, subject to the guest house not being used for rental purposes. Twenty notices were mailed to property owners within 200 feet of the subject property. One response in favor and none in opposition were received. Slides of the subject property were shown. (Councilman Samuel arrived.) Vice -Chairman Dykerrian opened the, public hearing and asked for the applicant's comments. Jeffrey Coulter, the applicant, addressed the Commission. Vice -Chairman Dykeman 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 specific use permit to allow guest quarters in an RS District at 235 Canterbury Drive as requested in File 1641-P, subject to the guest house not being used for rental purposes. Commissioner Hernandez seconded the motion. Motion to approve carried 5:0. 2) File 1642-P: Request for a specific use permit to allow an office in an RCR (Residential Conservation and Revitalization) District. Location: 2680 McFaddin Applicant: Dave Jones Mr. Richardson told the Commission and Council that Dave Jones, the applicant, wants to use the subject property as the bookkeeping office for the eight Novrozsky's restaurants in the area. Mr. Jones and two employees will work out of the building. The building previously had a specific use permit for the operation of a day spa. Mr. Richardson recommended approval of the request. Twenty notices were mailed to property owners within 200 feet of the subject property. One response in favor and none in opposition were received. Slides of the subject property were shown. Planning Commission November 18,2002 Vice -Chairman Dykeman opened the public hearing and asked for the applicant's comments. Dave Jones, the applicant, addressed the Commission. He stated that there would be no more than 3 or 4 cars in the parking lot at one time and there was about 10 spaces available. He also said that he would probably paint over the existing sign for the new office. Vice -Chairman Dykeman asked for comments in favor or in opposition. No comments were made. The public hearing was closed. Commissioner Hernandez made a motion to approve a specific use permit to allow an office in an RCR District at 2680 McFaddin as requested in File 1642-P. Commissioner Hallmark seconded the motion. Motion to approve carried 5:0. 3) File 1643-P: Request for a specific use permit to allow a church in an LI (Light Industrial) District, Location: 1170 Montrose Applicant: The Family Worship Center of Beaumont, Inc. Mr. Richardson stated that the Family Worship Center is in the process of buying the former night club property for use as a worship center. Activities will include adult worship services, children and youth services and -nursery/toddler care for families. Sunday and Wednesday night worship services will be held as well as other group fellowships. Staff received a comment from one property owner along Amelia who is concerned over the possible opening of a fire gate on that street. That property owner has explained that when the property was a night club, it was agreed that the gate would be open only in emergencies. This property owner would like to see that condition remain. Mr. Richardson recommended approval oftherequest subject to the aforementioned fire gate remaining closed except for emergencies. Twenty-four notices were mailed to property owners within 200 feet. Six responses in favor (including the gate condition) and one in opposition were returned. Slides of the subject property were shown. Vice -Chairman Dykeman opened the public hearing and asked for the applicant's comments. (Commissioner LaBiche arrived.) Planning Commission November 18,2002 Brandon Gray, Pastor of The Family Worship Center of Beaumont, addressed the Commission. Vice -Chairman Dykeman asked for comments in favor or in opposition. John Ferris, 399 Sutton Rd., Kountze, spoke in opposition to the request. Mr. Ferris owns property on Montrose. I John Hodges, 1050 Amelia, spoke in favor of the request, but wants the fire gate on Amelia to remain closed. The public hearing was closed. Commissioner Hallmark made a motion to approve a specific use permit to allow a church in an LI District at 1170 Montrose as requested in File 1643 -P, subject to the fire gate on Amelia Street remaining closed except for emergencies. Commissioner Hernandez seconded the motion. Motion to approve carried 6:0. 4) File 1644-P: Request for a specific use permit to allow caretaker quarters in an RS (Residential Single Family Dwelling) District. Location: 8150 Walker Road Applicant: Doyle King Mr. Richardson stated that the property owner, Doyle King, is building a house for his elderly, handicapped parents. Mr. King would like to convert the garage into separate living quarters for a full-time care giver and driver for his parents. Mr. Richardson recommended approval of the request subject to there being no rental of the caretaker quarters. Fifteen notices were mailed to property owners within 200 feet of the subject property. No responses in favor or in opposition were returned. Slides of the subject area were shown. Vice -Chairman Dykeman opened the public hearing and asked for the applicant's comments. Doyle King, 965 Norwood, the applicant, addressed the Commission. Vice -Chairman Dykeman asked for comments in favor or in opposition. Linda Lemaire, 8155 San Anselmo, addressed the Commission. Mrs. Lemaire had no objection to the request as long as the structure was not used as rental property. 5 Planning Commission November 18, 2002 Sandra Miller, 8230 Walker Road, addressed the Commission in favor of the request. Vice -Chairman Dykeman closed the public hearing. Commissioner Bodwin made a motion to approve a specific use permit to allow caretaker quarters in an RS District at 8150 Walker Road as requested in File 1644-P, subject to the quarters not being used for rental purposes. Commissioner LaBiche seconded the motion. Motion to approve carried 6:0. 5) File 1645-P: Request for a specific use permit to allow a beauty shop in an RM-H (Residential Multiple Family Dwelling -Highest Density) District. Location: Highway 105, 3164'west of Major Drive intersection Applicant: Mark Whiteley and Associates, Inc. Mr. Richardson stated that the applicant, Mark Whiteley and Associates, is requesting the specific use permit so that a 1,000 square foot beauty shop with related parking can be built. The beauty shop will be built on the north half of the lot. Ms. Truong, the property owner, has no immediate plans for the south half of the lot. The property is immediately adjacent to a dental office. A waiver of the landscaping/screening requirements is being asked for along the west and south side of the property. There is a chain link fence along the west side of the property. The property owner owns the property immediately to the south. Mr. Richardson recommended approval of the request subject to revising the handicapped parking stall and getting approval of drainage from TxDOT with a waiver of the landscaping and screening requirements along the west and south sides of the property. Eleven notices were mailed to property owners within 200 feet of the subject property. Two responses in favor and none in opposition were returned. Slides of the subject area were shown. Vice -Chairman Dykeman opened the public hearing and asked for the applicant's comments. Tom Rowe with Mark Whiteley and Associates, the applicant, addressed the Commission. Vice -Chairman Dykeman asked for comments in favor or in opposition. No comments were made. The public hearing was closed. n. Planning Commission November 18,2002 Commissioner LaBiche made a motion to approve a specific use permit to allow a beauty shop in an RM-H District on property located on Highway 105 as requested in File 1645-P, subject to revising the handicapped parking stall and getting approval of drainage from TxDOT with a waiver of the landscaping and screening requirements along the west and south sides of the subject property. Commissioner Hallmark seconded the motion. Motion to approve carried 6;0. 6) File 1646-P: Request for an amended specific use permit to allow the expansion of overflow parking for a dental office. Location: 3395 North Street at 18"' Street Applicant: Mark Whiteley and Associates, Inc. Mr. Richardson stated that the amended specific use permit is to allow the expansion of a parking lot for a dental office in an RM-H (Residential Multiple Family Dwelling -Highest Density) District. City Council approved a specific use permit to allow a 10 space parking lot for a dental office in July, 2001. However, when the lot was built, another 5 spaces were constructed for a total of 15. Staff contacted the applicant and told them that an amended specific use permit would be required. The original permit was approved subject to an 8' tall wood screening fence being constructed along the south and east sides of the property. Mr. Richardson recommended approval of the request subject to an 8' tall wood screening fence along the south and east sides of the property and the planting of shrubs along the edge of the five parking spaces on the north side of the parking lot. Fourteen notices were mailed to property owners within 200 feet of the subject property. Three responses in favor and none in opposition were returned. Slides of the subject property were shown. Vice -Chairman Dykeman opened the public hearing and asked for the applicant's comments. Tom Rowe with Mark Whiteley and Associates, the applicant, addressed the Commission. Dr. Richard McCardell, 1210 Dowlen Road, addressed the Commission. Dr. McCardell is one of the dentists in the practice. Vice -Chairman Dykeman asked for comments in favor or in opposition. 7 Planning Commission November 18,2002 Mrs. Tullos, 3365 North, addressed the Commission in opposition to the request. She said that she has had severe drainage problems on her property as a result of the parking lot and would like a wooden privacy fence installed. She answered questions regarding the drainage problems. Thomas Burton, 9225 Doty, addressed the Commission on behalf of Mrs. Tullos. He is the caretaker of Mrs. Tullos' property and confirmed the drainage problems that she has experienced and offered possible solutions. Tom Rowe answered questions from the Commission. He said that his firm did not design the parking lot, but he did have an on -site meeting with Dr. McCardell, the contractor, a neighbor and Bonnie Semien, Code Enforcement Officer for the City. He said it was his understanding that the contractor and Dr. McCardell were going to work on the drainage problem. Discussion followed between Commission members, Mr. Rowe and staff. Vice -Chairman Dykeman closed the public hearing. Commissioner LaBiche suggested tabling the request until the December 16" meeting so the applicant could shoot some grades and determine where the drainage problem originated. Commissioner LaBiche made a motion to table the request for an amended specific use permit to allow the expansion of overflow parking for a dental office at 3395 North Street at 18" Street as requested in File 1646-P until the December 16, 2002 Joint Public Hearing. Commissioner Kyles seconded the motion. Motion to table carried 6:0. 7) File 1647-P: Request for a specific use permit to allow church related parking facilities in an RM-H (Residential Multiple Family Dwelling -Highest Density) District. Location: 2590, 2608, 2650-52 Sabine Pass Applicant: Long Architects, Inc. Mr. Richardson stated that Long Architects, the applicant, is requesting this parking on behalf of the Divine House of Refuge. The church is building a 12,500 sq. ft. sanctuary at the southeast coiner of M. L. K. Parkway and Sabine Pass. The church currently has a sanctuary at 2650 Sabine Pass. This structure, as well as several other dilapidated structures, will be torn down and the properties utilized for parking. These lots will serve the church during Sunday worship service and occasionally during the week for various activities. M Planning Commission November 18,2002 To meet the design criteria for the parking lots, all sides of the lots will not be able to fully meet the landscaping/screening requirements. All sides will be screened with 8'tall wooden privacy fences. Perimeter landscaping along interior lot lines will be installed where space permits, Mr. Richardson recommended approval of the request with a modification to the landscaping requirements along the interior lot lines of each parking lot. Thirty notices were mailed to property owners within 200 feet of the subject property. No responses in favor or in opposition were returned. Slides of the subject property were shown. Vice -Chairman Dykeman opened the public hearing and asked for the applicant's comments. Philip Long of Long Architects, the applicant, addressed the Commission. Vice -Chairman Dykeman asked for comments in favor or in opposition. Carolyn Sterling, Pastor of the Divine House of Refuge, addressed the Commission in favor of the request. Michelle Searles, 4679 Maddox, spoke in favor of the request. Paul Sterling, Pastor of the Divine House of Refuge, addressed the Commission in favor of the request. Vice -Chairman Dykeman closed the public hearing. Commissioner Kyles made a motion to approve a specific use permit to allow church related parking facilities in an RM-H District at 2590, 2608, 2650-52 Sabine Pass as requested in File 1647-P including an 8'tall wooden fence along the interior lot lines and with a modification to the landscaping requirements along the interior lot lines of each parking lot. Commissioner LaBiche seconded the, motion. Motion to approve carried 6:0. 8) File 6 3 9-OB: Request for approval of the Economic Development Plan of the Comprehensive Plan. Applicant: City of Beaumont Planning Division Mr. Richardson stated that the City Charter requires that each of the four elements of the Comprehensive Plan be re -adopted every two years. Because of this, the Ell Planning Commission November 18,2002 currently adopted Economic Development Plan was re-evaluated and minor changes made, The Economic Development Plan provides general policy guidance on addressing economic growth to the Planning Commission, City Council and staff. While the City contracts with the Beaumont Chamber of Commerce for various economic development activities, the City will continue to leverage the resources available to it to attract private sector investments which will create or retain jobs and increase the tax base. The Plan recognizes the need for the City to cooperate with the Chamber, the Partnership of Southeast Texas, the Convention and Visitors Bureau, Main Street, Entergy and others in marketing Beaumont as a business location and tourist destination. It also recognizes that quality of life issues are important when encouraging a climate which facilitates business growth and sustainability. Mr. Richardson recommended re -adoption of the Economic Development Plan of the Comprehensive Plan, Discussion followed between the Commission and Council. Vice -Chairman Dykeman opened the public hearing and asked for comments in favor or in opposition. No comments were made. The public hearing was closed. Commissioner Bodwin made a motion to approve the Economic Development Plan of the Comprehensive Plan as requested in File 63 9-013. Commissioner Hernandez seconded the motion. Motion to approve carried 6:0. The signage workshop was postponed until a later date. TAU' RE BEING NO FURTHER BUSINESS, THE MEETING, WAS ADJOURNED AT 4:52 P. M. I *L4 X411 Bannum, Inc. vs. City of Beaumont et al Irl