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HomeMy WebLinkAbout8-19-02 PC MinutesMINUTES REGULAR MEETING AND JOINT PUBLIC HEARING PLANNING COMMISSION CITY COUNCIL August 19, 2002 City Council Chambers A Regular Meeting and Joint Public Hearing of the Planning Commission and City Council were held on August 19, 2002 with the following members present: Commission members present Chairman Laurie Leister Vice -Chairman Greg Dykeman Commissioner Bill Lucas Commissioner Marty Craig Commissioner Carlos Hernandez Commissioner Date Hallmark Commissioner Walter Kyles Commissioner Dohn LaBiche Commissioner Glenn Bodwin Councilmembers present: Mayor Evelyn Lord Mayor Pro-Tem Lulu Smith Councilmember-at-Large Becky Ames Councilman -at -Large Andrew Cokinos Councilman Guy Goodson Councilmernbers absent: Councilmember Bobbie Patterson Councilman Audwin Samuel Also present: Stephen Richardson, Planning Manager; Tyrone Cooper, First Assistant City Attorney; Adina Abshire, Planning Technician; Jill Cole, Recording Secretary; Cheryl Robinson, Senior Planner, William Dupree, Senior Planner and Kyle Hayes, City Manager APPROVAL OF THE MINUTES Commissioner Hallmark made a motion to approve the minutes of the Regular Meeting and Joint Public Hearings held July 15, 2002. Commissioner Hernandez seconded the motion. Motion to approve carried 7:0. Planning Commission August 19,2002 REGULAR MEETING 1) File 632-OB: Request to abandon the west 201 x 150'of the alley in Block 4, Jarrett Addition. Location: North Street and 15' Street Applicant: David Welborn for Saint Michael Orthodox Church Mr. Richardson stated that St. Michael Orthodox Church wants to abandon a portion of the'alley in order to prevent access between its sanctuary and parking lot. They would like to install a new entrance on the south side of the church to provide safer access to the parking lot. The request was sent to all interested parties. Southwestern Bell, Time Warner, Entergy and the City have utilities in the alley. They did not object to the abandonment subject to the retention of a utility easement or moving the existing utilities at the church's expense. Mr. Richardson recommended approval of the request, subject to the retention of a 20' general utility easement or moving the existing utilities at the church's expense. Chairman Leister asked for the applicant's comments. David Welborn, representative of St. Michael Orthodox Church, addressed the Commission, Commissioner LaBiche made a motion to approve the west 20'x 150' of the alley in Block 4, Jarrett Addition at North and IS' Streets as requested in File 632-OB, subject to maintaining a 20'wide general utility easement or moving the existing utilities at the church's expense. Vice Chairman Dykeman seconded the motion. Motion to approve carried 7:0. 2) File 634-OB: Request to abandon a I 0'easement out ofLots 1-3, Heather and Corey Place Addition. Location: Washington Avenue and Glendale Avenue Applicant: Lloyd J. Guillory Mr. Richardson stated that Lloyd Guillory, owner of the property at 2155 Glendale, wants to abandon the general utility easement so he can move his fence in order to build a shed in his backyard. He owns all three lots. The request was sent to all interested parties and no objections were received Mr. Richardson recommended approval of the request. Chairman Leister asked for the applicant's comments. K Planning Commission August 19,2002 Lloyd Guillory, the applicant, addressed the Commission. Vice -Chairman Dykeman made a motion to approve a request to abandon a 10' easement out of Lots 1-3, Heather and Corey Place Addition at Washington and Glendale Avenues as requested in File 634-OB. Commissioner Hernandez seconded the motion. Motion to approve carried 7:0. 3) File 635-OB: Request to abandon a 25'wide utility easement. Location: 15'north of and 10' south of the centerline of the abandoned portion of Milam Street west of IH-1 0 and east of Hillebrandt Bayou. Applicant: Carroll & Blackman, Inc. for Iron Horse Enterprises On March 5, 2002, City Council approved the abandonment of that portion of Milam Street west of IH-10 and east of Hillebrandt Bayou. The City retained a 60' wide general utility easement. It is now the desire of Iron Horse Enterprises to abandon the middle 25'of the utility easement. The request was sent to all interested parties. No negative responses were received. Any utilities in the former right-of-way are outside of the requested abandonment. Mr. Richardson recommended approval of the request. Chairman Leister asked for the applicant's comments. Amalia Villareal for Carroll and Blackman, Inc., the applicant, addressed the Commission. Commissioner LaBiche made a motion to approve the request to abandon a 25'wide utility easement between IH- 10 and Hillebrandt Bayou as requested in File 635-OB. Commissioner Hallmark seconded the motion. Motion to approve carried 7:0. JOINT PUBLIC HEARINGS Mayor Lord called the Joint Public Hearing of August 19, 2002 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. (Commissioner Craig arrived.) Planning Commission August 19,2002 File 1627-P: Request for a. specific use permit to allow a church in an RM-H (Residential Multiple Family Dwelling -Highest Density) District. Location: 1570 Roberts Avenue Applicant: Eamestine Flowers El Shaddai Church is currently operating a church at this location. Staff notified the church that a specific use permit was required. The non -denominational church has a membership of approximately 20 people. Meetings are held on Sundays, Wednesdays and Fridays. Parking is at the rear of the building. The applicant is requesting a waiver of the landscaping/screening requirements along the north, east and west property lines. Landscaping exists along the east property line in the form of tallow trees, a I O'yard and a 4'tall chain link fence. A 20' wide alley,separates the subject property and the property to the north. On the property to the west, a building sits on the property line. Mr. Richardson recommended approval of the specific use permit subject to a maximum capacity of 20 persons and a modification to the landscaping/screening requirements along the north, east and west property lines. Eighteen 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. Eamestine Flowers, 1635 Washington, 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 Craig made a motion to approve a specific use permit to allow a church in an RM-H District at 1570 Roberts Avenue as requested in File 1627-P, subject to a maximum capacity of 20 persons and a modification to the landscaping/ screening requirements along the north, east and westproperty lines. Commissioner LaBiche seconded the motion. Motion to approve carried 8:0. 2) File 1628-P: Request for a specific use permit to allow the expansion of a gymnastics studio in an RM-H (Residential Multiple Family Dwelling -Highest Density) District. Location: 7575 Highway 105 Applicant: Marion Quibodeaux Planning Commission August 19,2002 Mr. Richardson stated that Marion Quibodeaux, owner of Souther Star Gymnastics at 7595 Highway 105, wants to buy the lot immediately to the east of his property. He is proposing a 3 phase development plan for the property. The eventual build -out will include additional parking and the expansion of his gymnasium. The Traffic Manager has recommended that the proposed parking lot be redesigned in order to eliminate one driveway on Tolivar Road. Mr. Richardson said he spoke with Mr. Quibodeaux about the concern of the Traffic Manager and he has spoken with Mr. Horelica. Mr. Quibodeaux explained that one of the driveways will be temporary in nature and will be deleted when the third driveway is built and the Traffic Manager agreed with that. Mr. Richardson recommended approval of the request, subject to there being only two permanent driveways on Tolivar Road. Seventeen notices were mailed to property owners within 200 feet. One response in favor and none in opposition were returned. Slides of the subject property were shown. (Commissioner Kyles arrived.) Chairman Leister opened the, public hearing and asked for the applicant's comments. Marion Quibodeaux, the applicant, addressed the Commission. Mr. Quibodeaux answered questions from Commission members regarding signage. Chairman Leister asked for comments in favor or in opposition. No comments were made. The public hearing was closed. Commissioner Lucas made a motion to approve a specific use permit to allow the expansion of a gymnastics studio in an RM-H District at 7575 Highway 105, as requested in File 1628-P, subject to there only being two permanent driveways on Tolivar Road. Commissioner Craig seconded the motion. Motion to approve carried 9:0. 3) File 1629-P: Request for a specific use permit to allow a halfway house for' adult federal offenders in a GC -MD (General Commission -Multiple Family Dwelling) District. Location: 3282 College Street Applicant: Dismas Charities, Inc. 9 Planning Commission August 19,2002 Dismas Charities, Inc. has submitted an offer to the Federal Bureau of Prisons to operate a community corrections center or halfway house in an existing building. The 8,176 square foot building was a farmer medical building. The facility will house up to 40 federal offenders. 32 beds will be for male residents and 8 beds will be for female residents. The facility will not be a secure detention facility. It will be a transitional, community based program. The facility will be staffed 24 hours a day. The residents will be supervised and monitored. They will be required to get jobs. Programs provided to the tenants will include rehabilitative counseling and treatment designed to assist offenders in becoming law-abiding citizens. The most staff members on site will be 5. Approximately 25% of the residents will use cars. Total estimated parking spaces needed is 15. 39 parking spaces will be available. No freestanding sign is planned. A small sign will be installed on the building. Eight notices were mailed to property owners within200 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. Mark Whiteley, facilitator for the applicant, addressed the Commission. Den Freaney with Dismas Charities, Inc, addressed the Commission. Mr. Freaney gave information on the facility, such as the type of offenders that will occupy the facility and said that there will be no violent offenders housed at the proposed facility. He also went through the daily monitoring system that is in place and answered questions from Commission members. Chairman Leister opened the public hearing and asked for comments in favor or in opposition. Archie Land, 435 Langham Road, addressed the Commission in favor of the request. Al O'Brien with the Catholic Diocese of Beaumont spoke in favor of the request. Carlton Sharp, 5415 Dewberry, spoke in favor of the request. R Planning Commission August 19,2002 Dan Oliphant, 4380 Willow, Bend, spoke in favor of the request. Doug Levine with the Shorkey CP Rehabilitation Center, spoke in favor of the request. Robert Foster with the Work Force Development Board spoke in favor of the request. Monty Morgan, 1135 N. 231, spoke in favor of the request. Chairman Leister closed the public hearing. Vice -Chairman Dykeman made a motion to approve a specific use permit to allow a halfway house for adult federal offenders in a GC -MD District at 3282 College Street, subject to: the facility not housing more than 40 federal offenders at any time; at all times it remain a housing facility for only community custody level offenders; that there specifically be no felons convicted of crimes of a violent nature or any type of sexual offense, specifically predatory sexual offenses; and require an 8'tall wood privacy fence extending along the entire north property line and along the east and west property lines, extending from the rear property line to even with the northeast and northwest comers of the building. Commissioner Hernandez seconded the motion to approve File 1629-P. Motion to approve carried 9:0. 4) File 1630-P: Request for a specific use permit to allow commercial and professional office space in a GC-MD-2 (General Commercial -Multiple Family Dwelling-2) and RM-H (Residential Multiple Family Dwelling -Highest Density) District. Location: Northeast comer of Phelan Boulevard and Shakespeare Drive Applicant: William S. Sayre, Jr. for Stinson Design Group William Sayre with the Stinson Design Group is requesting a specific use permit to allow construction of 24,116 sq. ft. of office space on a 2.23 acre tract at the northeast comer of Phelan and Shakespeare. The initial 19,500 sq. ft, of space will include three, one-story brick veneer buildings connected by covered walkways. A future building of approximately 4,616 sq. ft. is also shown on the site plan. The buildings will house the offices for Universal Coin and Bullion, First Fidelity Reserve, V National Reserve and V American Reserve. This property was granted a specific use permit for a similar development in 1999. That proposal was never built and the specific use permit has since expired. Mr. Richardson recommended approval of the request. Planning Commission August 19,2002 Sixty notices were sent to property owners within 200 feet. Forty notices in favor and one in opposition were•returned. Chairman Leister opened the public hearing and asked for the applicant's comments. Bill Odom, representing UCB Realty, addressed the Commission and answered questions from the Commission. Chairman Leister asked for comments in favor or in opposition. No comments were made. The public hearing was closed. Discussion followed between Commission members regarding signage. Chairman Leister made a motion to approve a specific use permit to allow commercial and professional office space in a GC-MD-2 and RM-H Districts at the northeast comer of Phelan Boulevard and Shakespeare Drive as requested in File 1630-P with the stipulation that any detached sign shall be a monument type sign not exceeding 50 square feet in size and 15' in height. Commissioner Craig seconded the motion. Motion to approve carried 9:0. 5) File 163 1 -P: Request for a specific use permit to allow a retail and service business in an RCR (Residential Conservation and Revitalization) District. Location: 22,05 Laurel Applicant: Sandra and Willie Carter, Sr. for Jazzy's Shopping Plaza H The applicants, Sandra and Willie Carter, owners of Jazzy's Shopping Plaza H, are operating a retail business establishment that includes a beauty shop, men's and women's clothing stores, snack shop, jewelry, handbag and shoe store, portrait studio, general gift shop and painting and art shop. The previous use of this property was an office for a property management business. A specific use permit was granted for that use in 1997. The building was vacant for a period of time prior to the Carters acquiring the building. A retail and service use of this size will require 36 parking spaces. 10 spaces are provided. Mr. Richardson recommended approval subject to the Zoning Board of Adjustment granting a special exception to the parking requirements. Twenty-two notices were mailed to property owners within 200 feet. No responses in favor or in opposition were returned. iR Planning Commission August 19, 2002 Slides of the subject property were shown. Chairman Leister opened the public hearing and asked for the applicant's comments. Sandra Carter, the applicant, addressed the Commission and answered questions. Chairman Leister asked for comments in favor or in opposition. George Bullington, 1822 Broadway, spoke in favor of the request. Commissioner LaBiche made a motion to approve a specific use permit to allow a retail and service business in an RCR District at 2205 Laurel as requested in File 163 1 -P, subject to the Zoning Board of Adjustment granting a special exception to the parking requirements and limiting the approval to the area occupied by Jazzy's Shopping Plaza. Commissioner Craig seconded the motion. Motion to approve carried 8:0:1 (Dykeman abstained.) 6) File 1632-P: Request for an amended specific use permit to allow revisions to building and parking layout and landscaping of an office building in a GC-MD-2 (General Commercial -Multiple Family Dwelling-2) District. Location: 6380 Folsom Applicant: Long Architects, Inc. The proposed building will be the office for Script Care, Inc. The original specific use permit was granted in 2001 and it waived the fencing requirements along the north, east and west property lines but did require a 30' wide planted landscape buffer to a point 30'behind the rear wall of the administration building on the east and west property lines and a IO'landscape buffer along the north property line. At the time of the request, all of the surrounding property was zoned A-R. Since that time, the properties to the north and west have been zoned RM-H and GC-MD- 2. A redesign of the site plan has the building on the east half of the property and the parking on the west half. The original site plan had the building centered in the property with the parking in the front. The applicant is requesting a waiver of the 30'wide landscape buffers on the east and west sides of the property. Since the property to the west is zoned GC-MD-2, a landscape buffer is not now required. The property to the east is the DD#6 retention pond. To the north of the building will be a vast green area and an abundance of trees between the northmost portion of the building and the north property line. Mr. Richardson recommended approval of the request. E Planning Commission August 19,2002 Three notices were mailed to property owners within 200 feet. No responses in favor or in opposition were returned. Chairman Leister opened the public hearing and asked for the applicant's comments. Philip Long of Long Architects, the applicant, addressed the Commission and answered questions. Chairman Leister asked for comments in favor or in opposition. No comments were made. The public hearing was closed. Discussion followed between staff, the Commission and City Council. 'Commissioner Hallmark made amotion to approve an amended specific use permit to allow revisions to building and parking layout and landscaping of an office building and parking layout and landscaping of an office building in a GC-MD-2 District at 6380 Folsom as requested in File 1632-P, including a 6'landscape buffer along the north end of the parking lot. Commissioner Hernandez seconded the motion. Motion to approve carried 9:0. 7) File 1633-P: Request for a specific use permit to allow a dental office in an RM-H (Residential Multiple Family Dwelling -Highest Density) District. Location: Northeast comer of Phelan Boulevard at Mathews Lane Applicant: William Nantz Dr. William Nantz, the applicant, wants to construct a 2,900 dental office on the subject property. The Traffic Manager recommended that a driveway be constructed connecting the two parking lots to improve public access. Mr. Richardson discussed that with Dr. Nantz about this condition and he said that he wanted to keep the customer parking lot separate from the employee parking lot. Mr. Richardson forwarded that information to the Traffic Manager and he does not have a problem deleting the connecting drive. However, the disabled parking stall layout still needs to be addressed. Mr. Richardson recommended approval of the request subject to addressing the disabled parking stall layout to meet City Code. Thirteen notices were mailed to property owners within 200 feet. Three in favor and none in opposition were returned. Chairman Leister opened the public hearing and asked for the applicant's comments. Dr. William Nantz, the applicant, addressed the Commission. IE Planning Commission August 19,2002 Chairman Leister asked for comments in favor or in opposition. Norris Hardy, Jr., 4375 Pebble Beach Drive, addressed the Commission in favor of the request. The public hearing was closed. Commissioner Craig made a motion to approve a specific use permit to allow a dental office in an RM-H District at the northeast comer of Phelan Boulevard at Mathews Lane as requested in File 1633-P, subject to correcting the deficiencies in the disabled parking stall layout. Commissioner Lucas seconded the motion. Motion to approve carried 9:0. 8) File 63 1 -OB: Re -adoption of the Parks, Recreation and Open Space Plan Applicant: City of Beaumont Planning Division William Dupree, Senior Planner, presented the Parks, Recreation and Open Space Plan. The text has been modified only to update the document to reflect changes that have occurred over the past two years. For example, information on changes to the facility descriptions and the implementation sections where the listing of projects, the costs of the projects, and their time -lines for short-term improvements had to be changed. No changes were made to the goals, objectives, policies, or proposal sections. Vice -Chairman Dykernan made a motion to approve the re -adoption of the Parks, Recreation and Open Space Plan as requested in File 631-OB. Commissioner Bodwin seconded the motion. Motion to approve carried 9:0. 9) File 633-OB: Request to amend the Zoning Ordinance, Section 30-33 (b) 2, Special Conditions, Adult Entertainment Uses, to delete, as an allowed use by right or with a specific use permit, eating places (SIC 5812) and drinking places (SIC 5813) that have adult entertainment and video tape rental (SIC 7841) that rents adult video tapes from the RCR, NC, NSC, GC -MD, GC-MD-2 and GC-MD-3 Districts. Applicant: City of Beaumont Planning Division In April, 2002, staff brought some proposed amendments to the Zoning Ordinance that addressed changes to adult uses. The Planning Commission and City Council approved these amendments. One of those changes was to delete eating and drinking places that have adult entertainment and video tape rental businesses that rent adult video tapes from the RCR, NC, NSC, GC -MD, GC-MD-2 and GC-MD-3 Districts. Staff found that for clarification purposes, we need to include this specifically under the "Special Conditions" section. 11 Planning Commission August 19,2002 Mr. Richardson recommended approval of this amendment change. 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 Bodwin made a motion to approve a request to amend the Zoning Ordinance, Section 30-33 (b) 2, Special Conditions, Adult Entertainment Uses, to delete, as an allowed use by right or with a specific use permit, eating places (SIC 5 812) and drinking places (SIC 5 813) that have adult entertainment and video tape rental (SIC 7841) that rents adult video tapes from the RCR, NC, NSC, GC -MD, GC-MD-2 and GC-MD-3 Districts as requested in File 633-013. Commissioner LaBiche seconded the motion. Motion to approve carried 9:0. THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED AT 5:38 P. M. 12