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HomeMy WebLinkAbout11-20-00 PC MinutesREGULAR MEETING AND JOINT PUBLIC HEARINGS PLANNING COMMISSION AND CITY COUNCIL November 20, 2000 City Council Chambers A Regular Meeting and Joint Public Hearings of the Planning Commission and City Council were held on November 20, 2000 with the following members present: Commission members present: Commission members absent: Chairman Laurie Lcistcr Commissioner Dale Hallmark Commissioner Dohn LaBiche Commissioner Glenn Bodwin Commissioner Carlos Hernandez Commissioner Marty Craig Vice -Chairman Greg Dykeman Commissioner Bill Lucas Commissioner Albert Robinson Councilmembers present: Mayor Pro -Tern Guy Goodson Councilmember-at-Large Andrew Cokinos Councilmember-at-Large Becky Ames Councilmember Lulu Smith Councilmember Audwin Samuel Councilmembers absent: Mayor David W. Moore Councilmember Bobbie Patterson Also present: Stephen Richardson, Planning Manager; Murray Duren, -Senior Planner; Tyrone Cooper, First Assistant City Attorney; Adina. Abshire, Planning Technician; Jill Cole, Recording Secretary; Stephen J. Bonczek, City Manager; Kyle Hayes, Economic Development Director rawwa,U1,010 0501350-RU110*1 Commissioner Hallmark made a motion to approve the minutes of the Regular Meeting held October 16, 2000. Commissioner Hernandez seconded the motion. Motion to approve carried 5:0. Planning Commission November 20, 2000 1) Prelimina1y Plat - Bell Pointe Subdivision: Consider the Preliminary Plat of Bell Pointe Subdivision, Lots 1 and 2; 9.9406 acres in the H. Williams Survey, Ab-56. Applicant: Carroll and Blackinan, Inc. Mr. Richardson told the Commission that the subject plat is located just south of Dowlen Green Apartments and north of the Dowlen Plaza office complex. Lot I will be developed by Beaumont Telco Federal Credit Union. Lot 2 will be replatted into single family lots at a later date. The applicant has requested a variance which will allow a temporary turnaround at the end of Bell Pointe Street because Lot 2 will be sold and replatted into individual lots by another entity. Mr. Richardson recommended approval of the preliminary plat and the variance to allow the temporary turnaround. Chairman Leister asked for the applicant's comments. Joe Pattie with Carroll and Blackman, Inc., the applicant, was present. Commissioner Hallmark made a motion to approve the Preliminary Plat of Bell Pointe Subdivision with a variance to allow a temporary turnaround as requested. Commissioner Craig seconded the motion. Motion to approve carried 5:0. JOINT PUBLIC HEARINGS Mayor Pro-Tem Goodson called the Joint Public Hearings of November 20, 2000 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 153 1 - : Request for a zone change from NC (Neighborhood Commercial) and RS (Residential Single Family Dwelling) to GC -MD (General Commercial - Multiple Family Dwelling) or a more restrictive district. Location: 6050 Concord Road Applicant: J. C. Modica Mr. Richardson told the Commission and Council that the applicant, Modica Brothers, wants to build an 8,500 square foot store at the subject location. The present NC zoning restricts buildings to a maximum of 4,000 square feet. N Planning Commission November 20,2000 This property lies within the Regional Commercial Center as per the Comprehensive Plan. However, no other GC -MD zoning lies on the east side of Concord in this general vicinity. Mr. Richardson recommended approval of the zone change to GC-MD-2 which would require a specific use permit for any use. Twelve notices were mailed to property owners ' within 200 feet of the subject area. No responses in opposition or in favor were returned. Slides of the subject area were shown. Chairman Leister opened the public hearing and asked for the applicant's comments. J. C. Modica, the applicant, addressed the Commission and Council. In response to Commissioner Hallmark, Mr. Modica said that they plan to have an area fenced in with an 8' fence for the storage of scrap tires. (Councilman Samuel arrived.) Chairman Leister asked for comments in favor or in opposition. Barbara Nebgen addressed the Commission on behalf of her mother who lives at 6040 Concord which is adjacent to the subject property. She asked if there would be a fence between her mother's property and the store. Mr. Richardson replied that if the zoning was approved to GC-MD-2, the applicant would then have to apply for a specific use permit and screening requirements would be discussed at that time. If approved as requested, a fence would not be required. The public hearing was closed. Commissioner Craig made a motion to approve a zone change from NC (Neighborhood Commercial) and RS (Residential Single Family Dwelling) to GC- MD-2 (General Commercial -Multiple Family Dwelling-2) District for the property at 6050 Concord Road as requested in File 153 1 -Z. Commissioner Hernandez seconded the motion. Motion to approve carried 5:0. 2) File 1532-P: Request for a specific use permit to allow the construction of a one- story 800 square foot apartment behind an existing residence in an RS (Residential Single Family Dwelling) District. Location: 5620 Kohler Avenue Applicant: Betty J. Pate 3 Planning Commission November 20, 2000 Mr. Richardson told the Commission and Council that the applicant's want to build the apartment for Mrs. Pate's elderly parents. Mr. Richardson recommended approval of the request subject to the condition that it cannot be used for rental property. Seventeen notices were mailed to property owners within 200 feet of the subject property. No responses in favor and two in opposition were returned. Slides of the subject property were shown. Chairman Leister opened the public hearing and asked for the applicant's comments. Betty Pate, the applicant, addressed the Commission and City Council. Chairman Leister asked for comments in favor or in opposition. Maree Calcote, 5615.Duff, addressed the Commission and clarified that the apartment would not be used for rental property. The public hearing was closed. Commissioner Hernandez made a motion to approve a specific use permit to allow the construction of a one-story 800 square foot apartment behind an existing residence in an RS (Residential Single Family Dwelling) District at 5620 Kohler Avenue as requested in File 1532-P subject to the condition that it cannot be used as rental property now or in the future. Commissioner Craig seconded the motion. Motion to approve carried 5:0. 3) File 1533-P: Request for a specific use permit to allow the conversion of a residential structure into an insurance office and photography studio in an RCR (Residential Conservation and Revitalization) District. The property is located in the Oaks Historic District. Location: 2539 Liberty Avenue Applicant: Vincent and Nancy Pecora Mr. Richardson stated that the applicants would like to purchase the house, at 2539 Liberty and use it for an insurance office and photography studio. The front yard is paved for parking and there are two separate driveways entering the property. There are single family residences, apartments, offices and shops in the subject block. 4 Planning Commission November 20. 2000 Mr. Richardson recommended approval of the request subject to complying with the screening and landscaping requirements and configuring the parking lot to prevent vehicles from backing into the street and compliance with ADA. Twenty-six 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 property were shown. Chairman Leister opened the public hearing and asked for the applicant's comments. Nancy and Vincent Pecora, the applicants, addressed the Commission. Mr. and Mrs. Pecora answered questions from the Commission regarding parking. Chairman Leister asked for comments in favor or in opposition. No comments were made. Chairman Leister closed the public hearing. Discussion between Commission members followed. Commissioner Craig made a motion to approve the specific use permit to allow the conversion of a residential structure into an insurance office and photography studio in an RCR (Residential Conservation and Revitalization) District at 2539 Liberty Avenue as requested in File 1533-P, subject to compliance with the landscaping and screening requirements of Section 30-3 1, compliance with all ADA regulations and the reconfiguration of the parking lot to prevent vehicles from backing onto Liberty Avenue while leaving the property. Commissioner Bodwin seconded the motion. Motion to approve carried 5:0. 4) File 1534-P: Request for a specific use permit to allow the operation of a rental hall for weddings, receptions, parties, family and class reunions and other celebratory assemblies in an RCR (Residential Conservation and Revitalization) District. Location: 1685 Park Street Applicant: Yvonne F. Como Mr. Richardson said that the *subject property is the location of the old Carroll - Wallace Funeral Home. The applicant, Ms. Como, wants to rent the building for various celebratory functions. She received a specific use permit for a funeral home in 1999, but those plans did not materialize. The property also received a specific use permit for a church in 1997 but the church has since moved. That is when Ms. Como bought the property. M , r Planning Commission November 20,2000 Mr. Richardson recommended approval of the request subject to meeting the landscaping and screening requirements. Ms. Como has agreed to build an eight foot tall screening fence around the property at the comer of Pennsylvania and Royal but would like an exemption of additional landscaping on the existing parking lot. Twenty-six notices were mailed to property owners within 200 feet. No responses in opposition and eight in favor were returned. Chairman Leister opened the public hearing and asked for the applicant's comments. Yvonne Como, the applicant, addressed the Commission. Discussion of on street parking followed. Chairman Leister 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 specific use permit to allow the operation of a rental hall for weddings, receptions, parties, family and class reunions and other celebratory assemblies in an RCR District at 1685 Park Street as requested in File 1534-P, except require the installation of an eight foot tall wood screening fence along the boundary with the adjacent residential rent house at Pennsylvania and Royal. Commissioner Hernandez seconded the motion. Motion to approve carried 5:0. 5) File 1535 : Request for a specific use permit to allow a day care center in an RM- H (Residential Multiple Family Dwelling -Highest Density) District. Location: 1885 Terrell Avenue Applicant: Shantell W. Broussard Mr. Richardson stated that the applicant wants to operate a daycare facility for 7-12 children, ages 24. Hours of operation would be from 7:30 a.m. to 5:30 p.m. daily. Mr. Richardson recommended approval of the request subject to compliance with the landscaping and screening requirements. Seventeen 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. T Planning Commission November 20, 2000 Shantelle Broussard, the applicant, addressed the Commission. Gwendolyn Boyd, a customer of the daycare, addressed the Commission in favor of the request. Tana Zigler, former customer of Mrs. Broussard, addressed the Commission in favor of approval of the daycare. Chairman Leister closed the public hearing. Commissioner Hallmark made a motion to approve the specific use permit to allow a daycare center in an RM-H District at 1885 Terrell Avenue as requested in File 1535-P with a variance to the screening requirement. Commissioner Bodwin seconded the motion. Motion to approve carried 5:0. 6) File 602OB: -Request to amend Section 30-3 1, Landscaping and Screening Requirements of the City of Beaumont Zoning Ordinance. Applicant: City of Beaumont Planning Division Mr. Richardson stated that earlier this year, the Planning Division and Beautify Beaumont, Inc., began a review of the existing landscape ordinance for possible improvements. While the revised ordinance does require things that the current ordinance does not one of the major purposes of the revisions is to make the landscape ordinance easier to understand by both the property owner and staff. The existing ordinance is hard to understand and does little to encourage creativity in landscaping. The major recommended changes include: 1. Landscape Plan Required - A landscape plan is required for all building permit applications for new building construction. This landscape plan would require the showing of all existing vegetation to remain for credit purposes only. 2. Irrigation Required - An automatic irrigation system would be required for new buildings greater than 3,000 square feet in area. For buildings 3,000 square feet or less, hose bibs may be used for irrigation purposes. VA Manning Commission November 20, 2000 3. Class A and Class B Trees - Lists of recommended Class A and Class B trees have been included. Class A trees reach a mature height of 30+ feet. Class B trees reach a mature height of less than 30 feet. The ordinance spells out what occasions these two classes of trees should be used. 4. Dumpsters - Dumpsters must be set back from the property line no less than 25 feet or be completely screened by landscaping and solid, opaque fencing on a minimum of three sides. No container shall be allowed on city right-of- way. S. Off-street parking landscaping - The existing ordinance requires landscape areas as percentages of parking lots of certain sizes. Very confusing. The revised ordinance says parking lots of greater than 20 spaces. and less than 100 spaces shall have, a landscape island or median per every 20 parking spaces. Over 100 spaces - one per ten parking spaces. 6. Parking lot perimeter landscaping - The revised ordinance allows for more creatWity. The use of "cartoons" shows various options. The required three foot high screen shall be a minimum of two feet tall when planted. 7. Tree Preservation Plan - A tree preservation plan is included to encourage the preservation of existing trees. Depending upon caliper of the saved tree, the trade-off is from I to I to 3 to 1. 8. Request for Modification - Any request for modification to the terms of this ordinance must be submitted in writing and be responded to in writing by the Development Services Manager. 9. Letter of Credit - A letter of credit may be utilized when the landscaping improvements have not been completed prior to the issuance of a certificate of occupancy. 8 i C, Planning Commission November 20.2000 Chairman Leister opened the public hearing and asked for comments in opposition. Lan Phelan, 1277 Calder, addressed the Commission in opposition to the request. Chairman Leister asked for comments in favor. Maree Calcote, 5615 Duff, spoke in favor of the request. Lynn Donnelly, 8 Oakleigh Boulevard, spoke in favor of the request. Sam Parigi, 445 N. l4th Street, spoke in favor of the request. (Commissioner LaBiche arrived.) A discussion of mandatory tree preservation followed. (Commissioner Bodwin left.) Commissioner Craig made a motion to approve the request to amend Section 30-3 1, Landscaping and Screening Requirements of the City of Beaumont Zoning Ordinance as recommended. Commissioner Hernandez seconded the motion. Motion to approve carried 5:0. rew:W441. THERE BEING NO FURTHER BUSINESS, THE MIEETING ADJOURNED AT 5:05 P. M. N