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HomeMy WebLinkAbout4-15-02 PC MinutesMINUTES I REGULAR MEETING AND JOINT PUBLIC HEARINGS PLANNING COMMISSION CITY COUNCIL April 15, 2002 City Council Chambers A Regular Meeting and Joint Public Hearings of the Planning Commission and City Council were held on April 15, 2002 with the following members present: Commission members present: Chairman Laurie Leister Commissioner Marty Craig Commissioner Dale Hallmark Commissioner Carlos Hernandez Commissioner Glenn Bodwin Commission members absent: Vice -Chairman Greg Dykeman Commissioner Dohn LaBiche Commissioner Bill Lucas Commissioner Calvin Williams Councilmembers present: Mayor David W. Moore Mayor Pro -Tern Guy Goodson Councilman -at -Large Andrew Cokinos Councilmember-at-Large Becky Ames Councilmember Lulu Smith Councilmember Bobbie Patterson Councilmembers absent: Councilman Audwin Samuel Also present: Stephen Richardson, Planning Manager; Tyrone Cooper, First Assistant City Attorney; Jill Cole, Recording Secretary; Adina Abshire, Planning Technician; Bill Dupree, Senior Planner; Bart Baker, Senior Planner; Cheryl Robinson, Senior Planner; Stephen Bonczek, City Manager APPROVAL OF THE MINUTES Commissioner Hallmark made a motion to approve the minutes of the Regular Meeting and Joint Public Hearings held March 18,2002, Commissioner Hernandez seconded the motion. Motion to approve carried 5:0. Planning Commission April 15,2002 1-moret 0J W."Itag, I p) py 6 1 g Preliminary Plat -Barrington Heights, Phase V: Consider the Preliminary Plat of Barrington Heights, Phase V, Lots 17-63, Block 5 and Lots 75-76, Block 3, out of the H. Williams Survey, Abs. #56. Applicant: Carroll & Blackman, Inc. for Talisman Development Mr. Richardson told the Commission that the subject plat is a 14.34 acre tract of land to be developed as a 49 lot single family subdivision. The property ties west and south of existing phases of Barrington Heights. As part of this application, a concept plan has been submitted showing how the property to the west may be developed. Originally, Heights Avenue was to be extended to Delaware. At the time, the property to the west was not under the control of the developer. It has since been bought by a development company of which Richard Guseman is a partner. The concept plan now calls for Claibourn Drive to be extended west to Major. As part of future development, two additional collector streets would be extended south to the Delaware Extension. This plat was sent to all interested parties for review. Comments were received as follows: 0 There is no surveyor's certificate on the plat. 0 There is no owner's signature on the plat. 0 Additional 10' x 15' utility easements are required. Mr. Richardson recommended approval subject to the comments received. Chairman Leister asked for the applicant's comments. Joe Pattie with Carroll and Blackman, Inc. addressed the Commission. Chairman Leister asked about overhead power lines. Discussion followed between Richard Guseman regarding the lines. Commissioner Craig made a motion to approve the Preliminary Plat of Barrington Heights, Phase V, Lots 17-63, Block 5 and Lots 75-76, Block 3 as requested, subject to providing 1) A surveyor's certificate on the plat. 2) An owner's signature on the plat. 3) Additional 10' x 15' utility casements as designated by Entergy. Commissioner Bodwin seconded the motion. Motion to approve carried 5:0. 2 Planning Commission April 15,2002 2) Amended Plat -Beaumont Townsite: Consider the Amended Plat of Beaumont Townsite, Lots 356-362, Block 69, into Lots 356-A and 356-B, out of the N. Tevis Survey, Abs. #52. Applicant: Soutex Surveyors for owners Mr. Richardson stated the subject request is for an amended plat to re -orient ajoint property line between two new property owners. The subject property was bought through a Jefferson County tax sale. The two individuals who bought the property wish to divide the property into two pieces and build new office buildings. The amended plat is drawn in such a manner to allow each property owner 0.63 acres. The property is zoned Light Industrial. The minimum lot width is 100'. The lots are approximately 96'and 84'wide. This plat was sent to all interested parties for review. Comments were received as listed in the staff report. Mr. Richardson recommended approval subject to the conditions listed and approval of the lot width requirement. In a Light Industrial District, lots have to be 100'x 100'minimum, 10,000 square feet. The three conditions are: 1) a 20'storm sewer easement must be retained, 2) a 15'utility easement must be retained, 3) an erosion control plan and grading permit must be submitted before any soil disturbing activities are begun. Chairman Leister asked for the applicant's comments. Susan Oliver, the applicant, addressed the Commission. Commissioner Craig made a motion to approve the Amended Plat of Beaumont Townsite, Lots 356-362, Block 69, into Lots 356-A and 356-B, out of the N. Tevis Survey, Abs. #52 as requested, subject to the conditions listed and approval of the lot width requirement. The three conditions are: 1) a 20' storm sewer easement must be retained, 2) a 15' utility easement must be retained, 3) an erosion control plan and grading permit must be submitted before any soil disturbing activities are begun. Commissioner Hallmark seconded the motion. Motion to approve carried 5:0. 3) File 622-OB: Request to abandon a portion of the rights -of -way of Grant Street, Mary Street and St. Anthony Street. Applicant: City of Beaumont N Planning Commission April 15,2002 The City of Beaumont has acquired the majority of the property in this area roughly from Sabine Pass to Irving and from McGovern to south of Grant. Present plans for the property include a park and the Family Resource Center. Abandoning these streets will allow for better use of the property. Mr. Richardson recommended approval subject to retaining the necessary utility easements in Grant, Mary and St. Anthony. Commissioner Hallmark made a motion to approve the abandonment of a portion of the rights -of -way of Grant Street, Mary Street and St. Anthony Street as requested in File 622-OB. Commissioner Hernandez seconded the motion. Motion to approve carried 5:0. Mayor Moore called the Joint Public Hearings of April 15, 2002 to order and explained the purpose of the joint hearing process and then turned the meeting over to Commissioner LaBiche. He explained the policies and procedures for the hearing process. 1) File 1609-P: Request for a specific use permit to allow a shaved ice retail business in a GC-MD-2 (General Commercial -Multiple Family Dwelling-2) District. Location: 622 W. Lucas Applicant: Jake Mazzu and Alex Bando Mr. Richardson stated that the applicants, Jake Mazzu, Jr. and Alex Bando, wish to operate their shaved ice business from March 15 to October 15 and on holidays, if weather permits. Hours of operation will be from 11:30 a.m. to 8:30 p.m. Access to the business will be off of West Lucas. An I Vx 14'building will house the business. Two employee parking spaces will be provided. The proposed sign is 4'x 8'and Gtall installed 10'from the property line and a 6'wide landscape strip located between the two driveways. The property was rezoned to GC-MD-2 in March, 2000. Mr. Richardson recommended approval of the request. Twenty-thrcc notices were mailed to property owners within 200 feet. No responses in opposition or in favor were returned. Slides of the subject property were shown. Chairman Leister opened the public hearing and asked for the applicant's comments. planning Commission April 15,2002 Alex Bando, the applicant, addressed the Commission. Chairman Leister expressed her concerns regarding the quality of construction of the building. She said that because it is a residential area she would like to see the business as an attractive part of that neighborhood. Mr. Bando answered questions regarding landscaping, sign and sign placement, and lighting. Chairman Leister 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 a shaved ice retail business in a GC-MD-2 District at 622 W. Lucas as requested in File 1609-P, subject to the sign being 4'x 6' and not exceeding 6' in height and no lighting of the business after close of business at 8:30 p.m. Commissioner Craig seconded the motion. Motion to approve carried 5:0. 2) File 1610-P: Request for a specific use permit to allow for church activities in an RM-H (Residential Multiple Family Dwelling -Highest Density) District. Location: 6655 Highway 105 Applicant: Raymundo Gonzales, New Life Tabernacle Mr. Richardson stated the applicant would like to establish Spanish Sunday school and bible study facility in an existing building at 6655 Highway 105. This would be an outreach of New Life Tabernacle Church, which owns the property. The property is a former convenience store that has been vacant for many years. The church would renovate the building and use it for church activities. Activities would be held on Sundays and Wednesday evenings. Parking would be on the old convenience store's parking lot and will use existing curb cuts. The Traffic Manager has approved the parking layout, subject to removal of the three parking spaces in front of the building. The applicant is requesting a modification to the landscaping and screening requirements. Typically, an 8'tall screening fence and 10'wide landscape strip on the south, east and west sides of the property would be required. Property on both sides is owned by New Life Tabernacle, The property to the south is zoned RS and is vacant. The subject property is approximately 470'deep. The building on the far north end and the remainder of the property is vacant. Mr. Richardson recommended approval of the specific use permit subject to deleting the parking in front of the building and with a modification to the landscaping and screening requirements. Planning Commission April 15, 2002 Eight 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. Ray Gonzales, the applicant, addressed the Commission and answered questions about parking and signage. 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 a specific use permit to allow for church activities in an RM-H District at 6655 Highway 105 as requested in File 16t0-P, subject to the deletion of the parking in front of the building and also a modification to the landscaping and screening requirements. Commissioner Hallmark seconded the motion. Motion to approve carried 5:0. 3) File 1612-P: Request for a specific use permit to allow a church in an RS (Residential Single Family Dwelling) District. Location: 1375 E. Lucas Applicant: Robert Robinson Mr. Richardson stated that Reverend Robert Robinson, pastor of First Believers Temple Church, is asking for this specific use permit to conduct church services in a former Masonic Temple building. The building is 3,200 square feet in size. There are two existing driveway approaches on East Lucas. An existing parking area is at the rear of the building. Properties to the east and south are residential. The two acres to the west are vacant. The applicant is asking for a modification to the landscaping and screening requirements along the south, cast and west property lines. There is a 6'high chain link fence along the east property line and a 4'high chain link fence and vegetation along the south property line. Mr. Richardson recommended approval of the request with a modification of the landscaping and screening requirements along the south, east and west property lines. Forty notices were mailed to property owners within 200 feet. Two responses in favor and one in opposition were returned. M Planning Commission April 15,2002 Slides of the subject property were shown. In response to Commissioner Bodwin, Mr. Richardson read the comment in opposition that was received by staff. The response was that the church is too close to her property. Chairman Leister opened the public hearing and asked for the applicant's comments. Reverend Robert Robinson, the applicant, addressed the Commission. Commissioner Bodwin asked Reverend Robinson if he had spoken to the woman that owned the property that was opposed. Reverend Robinson said that he had not because he didn't know she was opposed. In response to Commissioner Hallmark, Reverend Robinson said there were about 40 parishioners. Chairman Leister asked for comments in favor or in opposition. Lola Taylor, 1445 Fairway, addressed the Commission in favor. Katherine Roberson, 2085 Utica, addressed the Commission in favor. Rose Edwards, 2157 Grand, addressed the Commission in favor. Charles Lewis, 1876 Terrell, addressed the Commission in favor. Chairman Leister closed the public hearing. Commissioner Hallmark made a motion to approve a specific use permit to allow a church in an RS District at 1375 E. Lucas with a modification of the landscaping/screening requirements on the south, east and west sides as requested in File 1612-P. Commissioner Hernandez seconded the motion. The motion to approve carried 5:0. 4) File 62 1 -OB: Adoption of the South Park Neighborhood Sketch Plan. Applicant: City of Beaumont Planning Division Mr. Richardson introduced William Dupree, Senior Planner, for his presentation. The South Park Neighborhood Sketch Plan contains sections addressing existing neighborhood conditions, suggestions or proposals for future actions, goals and objectives similar in content to other adopted neighborhood plans, 7 Planning Commission April 15, 2002 and a final section entitled "The Next Step: An Action Plan." The last section of the plan is intended to encourage neighborhood stakeholders and specifically the South Park Neighborhood Association to prepare a "5-Year Strategic Action Plan" for implementing the proposals within the South Park Neighborhood Sketch Plan. It is in the action plan that neighborhood stakeholders will identify their priorities in addressing current problems and implementing long-term efforts to achieve their vision of South Park years in the future. The proposed Sketch Plan supports the provisions of the current Major Street and Highway and Parks, Recreation, and Open Space Plans. It also emphasized the importance of the relationship of Lamar University to the future redevelopment of the South Park area as well as the importance of the revitalization of the South Park area to the future growth of Lamar University. Goal 11 of the text specifically addresses this concern. Mr. Richardson recommended approval of the adoption of the South Park Neighborhood Sketch Plan. Chairman Leister opened the public hearing and asked for any comments. No comments were made. The public hearing was closed. Commissioner Hallmark made a motion to approve the adoption of the South Park Neighborhood Sketch Plan as requested in File 621-OB. Commissioner Bodwin seconded the motion. Motion to approve carried 5:0, 5) File 623-OB: Request to amend the Zoning Ordinance, Section 30-24B, Permitted Use Table, to delete, as an allowed use, eating places and drinking places that have adult entertainment and video tape rental that rents adult video tapes from the RCR, NC, NSC, GC -MD, GC-MD-2 and GC-MD-3 Districts and amend Section 30-33 (b) 2 to redefine measurements between adult entertainment uses and dwellings instead of residential zoning districts, establish a distance of 1,500 feet between adult entertainment uses and a dwelling, church, child care facility, school, hospital, public building or public park and define the method of measuring the distance between adult entertainment uses and other uses as from property line to property line of said uses. Applicant: City of Beaumont Planning Division Mr. Richardson reviewed the proposed changes to adult entertainment uses. The changes are as follows: Change # I - Delete eating and/or drinking places with adult entertainment and video rental businesses that rent adult video tapes in the RCR, NC, NSC, GC -MD, GC-MD-2 and GC-MD-3 Districts by right or with 11 Planning Commission April 15,2002 a specific use permit. This would clear up any interpretation conflicts that may occur. Change #2 - Amend 500 feet from any residential zoning district boundary to 1,500 feet from any dwelling. Change #3 - Amend 750 feet to 1,500 feet from any church, school or public park and add child care facility, hospital and public building. Change #4 - Clarify the method of measuring the distance between adult entertainment uses and between adult entertainment use and any other use. It shall be measured from the nearest property line to nearest property line. Mr. Richardson recommended approval of the changes to the Zoning Ordinance. Chairman Lcister opened the public hearing and asked for comments. No comments were made. The public hearing was closed. Commissioner Craig made a motion to approve the amendments to the Zoning Ordinance, Section 30-2413, Permitted Use Table, to delete eating and/or drinking places with 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, redefine measurements between adult entertainment uses and dwellings instead of residential zoning district boundaries, establish a distance of 1,500 feet between adult entertainment uses and a dwelling, church, child care facility, school, hospital, public building or public park and define the method of measuring the distance between an adult entertainment use and other uses as requested in File 623-OB. Commissioner Hernandez seconded the motion. Motion to approve carried 5:0. OTHER BUSINESS THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED AT 4:13 P. M. 9