Loading...
HomeMy WebLinkAbout9-17-01 PC MinutesMINUTES 1. REGULAR MEETING AND JOINT PUBLIC HEARINGS PLANNING COMMISSION CITY COUNCIL September 17, 2001 City Council Chambers A Regular Meeting and Joint Public Hearings of the Planning Commission and City Council were held on September 17, 2001 with the following members present: Commission members present: Chairman Laurie Leister Vice -Chairman Greg Dykeman Commissioner Bill Lucas Commissioner Dale Hallmark Commissioner Carlos Hernandez Commission members absent: Commissioner Glenn Bodwin Commissioner Marty Craig Commissioner Dohn LaBiche Commissioner Albert Robinson Councilmembers present: Mayor David W. Moore Mayor Pro-Tem Guy Goodson Councilman -at -Large Andrew Cokinos Councilmember-at-Large Becky Ames Councilman Audwin Samuel Councilmember Bobbie Patterson Councilmember Lulu Smith Also present: Stephen Richardson, Planning Manager; Murray Duren, Senior Planner; Tyrone Cooper, First Assistant City Attorney; Cheryl Robinson, Senior Planner; Jill Cole, Recording Secretary; Bart Baker, Senior Planner; and Stephen Bonczek, City Manager F."I a 9 X111MA we] at I me 1904 1 W1 IV I Commissioner Hallmark made a motion to approve the minutes of the Regular Meeting and Joint Public Hearings held August 20, 2001. Commissioner Hernandez seconded the motion. Motion to approve carried 5:0. Planning Commission September 17,2001 REGULAR MEETING 1) Preliminary Plat -Tuscany Park, Phases 1 and 2: Consider the Preliminary Plat of Tuscany Park, Phases I and 2, Lots 1-6 containing 12.01 acres, situated in the 3300 to 3500 blocks of Dowlen Road and zoned PLID (Planned Unit Development) District. Applicant: Carroll and Blackman, Inc. for Brentwood Development Co. Mr. Richardson stated that the developer of the subject property is dividing the property into six lots. Phase I consists of Lots 1, 2 and 3. Lots 4, 5 and 6 are in Phase 2. This plat was sent to interested parties. No objections were received. Mr. Richardson recommended approval of the preliminary plat. Chairman Leister asked for the applicant's comments. Joe Pattie with Carroll and Blackman, Inc., the applicant, addressed the Commission. Vice -Chairman Dykenum made a motion to approve the Preliminary Plat of Tuscany Park, Phases I and 2 as requested. Commissioner Hallmark seconded the motion. Motion to approve carried 5:0. 2) File 616-OB: Request to abandon the most northerly 295 feet of Grove Street. Applicant: ExxonMobil Oil Corporation Mr. Richardson stated that ExxonMobil has purchased the 8.9 acre former Carroll Street Park. They plan to construct anew electrical substation on the northeast part of the tract. This is across the street from an existing substation. Information concerning the request was sent to all interested parties. No objections were received. Mr. Richardson recommended approval of the abandonment. Chairman Leister asked for the applicant's comments. The applicant was not present. Commissioner Lucas made a motion to abandon the most northerly 295 feet of Grove Street as requested in File 616-OB. Vice -Chairman Dykeman seconded the motion. Motion to approve carried 5:0. 2 Planning Commission September 17,2001 JOINT PUBLIC HEARINGS Mayor Moore called the Joint Public Hearings of September 17,2001 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 1570-P: Request for a specific use permit to allow private swimming lessons in an RS (Residential Single Family Dwelling) District. Location: 2608 Hazel Applicant: Marilyn Higgins and Rusty Hall Mr. Richardson stated that this case was deferred from the August 20 meeting in order to have the property owner and swimming instructor at the meeting. Marilyn Higgins teaches swimming lessons in the pool at the home of Rusty Hall. The hours are 9 to 5, Monday through Thursday. They teach from June to the first week in August. There are seven classes per day of 6-7 students in each class. At the last meeting, I recommended approval of the specific use permit subject to a requirement that vehicles not block driveways or the street pavements in the M. immediate neighborhood. At the August meeting, a number of neighbors complained about traffic. Mr. Hall is suggesting that he build a driveway using an existing curb cut on Hazel. The east side of the curb cut is on the property line and is only 20 feet from the edge of the 10"'Street pavement. This was reviewed by the Traffic Manager and does not meet with his approval. He would require that the driveway start at least 30 feet from the edge of the 10" Street pavement. Twenty-three notices were mailed to property owners within 200 feet. One response in favor and six in opposition were returned. Slides of the subject property were shown. Chairman Leister opened the public hearing and asked for the applicant's comments. Rusty Hall, the property owner of 2608 Hazel, addressed the Commission. In response to Commissioner Hallmark, Mr. Hall said that it lieu of payment for use of the pool, Mrs. Higgins took care of the pool cleaning. Mr. Hall answered questions from the Commission. N Planning Commission September 17,2001 Mrs. Higgins addressed the Commission and answered questions. She said that she had talked with the neighbors and offered several solutions to the traffic problem. Commissioner Lucas suggested that the parents meet at a designated parking area and have one vehicle take the children to the lessons. David Grove, attorney for Mr. Hall, addressed the Commission. (Councilmember Patterson left the meeting.) Chairman Leister asked for comments in favor or in opposition. Becky Yoes, 980 Stacewood, spoke in favor of the request. Her grandchild took lessons from Mrs. Higgins. Charlotte Williamson, 8765 Old Voth Road, spoke in favor of the request. Her grandchild took lessons from Mrs. Higgins. Father Jerry McGrath, 2605 Harrison, spoke in opposition to the request. He is a member of the Next Door Neighbor Association which submitted a letter to each member of the Planning Commission, City Council and Planning staff. Father McGrath read directly from the letter for the record: • We do not want commerce to be conducted in our historic residential neighborhood. • We want all children, pedestrians and vehicles to be safe in our neighborhood. • We do not want a residential pool in our historic residential neighborhood to be used for a commercial swimming instruction business. • We do not want the construction of a large driveway for the purpose of commerce at this location in our neighborhood. • We know that this location in our neighborhood has inadequate sidewalks for conducting commerce. • We know that this location in our neighborhood has inadequate parking areas for conducting commerce. • We know the construction of a large driveway at this location, for the purpose of commerce, is not in keeping with the character of our historic residential neighborhood. • We know the property under consideration does not have adequate land to construct a large driveway to accommodate the dozen or more vehicles which daily clogged our driveways and blocked safe passage on I Oh Street between Harrison and Hazel this past summer. • We do not want the constant noise, like last summer, emanating from a commercial swimming instruction business in our neighborhood. 4 Planning Commission September 17, 2001 We do not want the granting of a special use permit at this location to give precedence for commercial exceptions in our neighborhood which is designated as a historic residential district. We do not want the introduction of commercial establishments in our neighborhood to have a negative impact on the development of our historic residential neighborhood and its real estate property values. We believe preserving our neighborhood as a historic residential district will enhance the development of the City of Beaumont. Anna Frank, 2597 Harrison, addressed the Commission in opposition to the request. She doesn't feel that a business is appropriate in their neighborhood. Frank Flowers, 2616 Hazel, addressed the Commission in opposition to the request. Mr. Flowers stated that Mr. Hall said Mrs. Higgins paid him $1,000 for the use of the pool. Mr. Flowers also said that he did not want a business in his neighborhood. Peggy Jones, 2395 Hazel, addressed the Commission in opposition to the request. The public hearing was closed. Rebuttal by David Grove. (Councilmember Samuel left the meeting.) Comments from the Commission members followed. Chairman Leister made a motion to approve the specific use permit toallowprivate swimming lessons in an RS District at 2608 Hazel as requested in File 1570-P. Vice -Chairman Dykernan seconded the motion. Motion to approve failed 2:3 (Commissioners Hallmark, Hernandez, Dykeman). 2) File 1577-P: (Amendment to File 1471-Z/P, dated 10/5/99.) Request to extend specific use permit time limit 12 months to 10/05/02. Location: 2000 block of Dowlen Road (1955 Dowlen) Applicant: Carroll and Blackman, Inc. for Beaumont Telco Federal Credit Union Mr. Richardson stated that the original specific use pen -nit was granted by City Council on October 5, 1999. The specific use permit is for the Beaumont Telco Federal Credit Union on Dowlen. The credit union proposes to begin construction of the 8,000 square foot structure within the next 90 days. The property has been platted and subdivided. Mr. Richardson recommended approval of the request. 61 Planning Commission September 17, 2001 Chairman Leister opened the public hearing and asked for the applicant's comments. Joe Pattie with Carroll and Blackman, Inc., the applicant, was present and addressed the Commission. Chairman Leister asked for comments in favor or in opposition. No comments were made. The public hearing was closed. Vice -Chairman Dykeman made a motion to approve a request to extend a specific use permit time limit 12 months to 10/05/02 for the property at 1955 Dowlen as requested in File 1577-P. Commissioner Hallmark seconded the motion. Motion to approve carried 5:0. 3) File 1578-Z: Request for a zone change from PUD (Planned Unit Development) to A-R (Agricultural -Residential) District. Location: One mile north of S. H. 105 and east of Keith Road extended north. Applicant: Thomas J. Sibley for Herschel Hobson Mr. Richardson stated that the subject property contains 31.2 acres. The applicant wants to build a home and raise horses for personal use on the subject property. The property was zoned PUD in 1982 for a mixed use development. The only thing that was built was a trailer park on part of the property. The subject property is vacant. Mr. Richardson recommended approval of request. Five 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. Tom Sibley addressed the Commission on behalf of Herschel Hobson. 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 zone change from PUD to A-R District far property located one mile north of S. H. 105 and east of Keith Road as requested in File 1578-Z. Commissioner Lucas seconded the motion. The motion to approve carried 5:0. 11, Planning Commission September 17, 2001 4) File 1579-P: Request for a specific use permit to allow the expansion of the Magnolia Cemetery (South Addition) onto property zoned RM-H (Residential Multiple Family Dwelling -Highest Density) and LI (Light Industrial) District. Location: South of Elm Avenue between Pine Street and Texas Avenue Applicant: Magnolia Cemetery Mr. Richardson stated that the request is for an expansion of Magnolia Cemetery, south of the existing cemetery on Pine Street. Magnolia Cemetery has purchased 3.2 acres from the City. This is the site of the former Pipkin Elementary School. The cemetery will be landscaped and screened with iron rail fences and gates and brick entryways. The subject property will contain 2,400 graves sites. Mr. Richardson recommended approval of the specific use permit. Sixty notices were mailed to property owners within 200 feet. Three responses in opposition and none in favor were returned. Slides of the subject property were shown. Chairman Leister opened the public hearing and asked for the applicant's comments. Tom Broussard, President of Magnolia Cemetery, addressed the Commission. Chairman Leister asked for comments in favor or in opposition. Eddie Kenebrew addressed the Commission in opposition on behalf of his mother who has property on Elm Street. Mr. Kenebrew said his mother would be interested in selling the property to the cemetery. Rosalie Kenebrew, 3195 Corley, addressed the Commission in opposition to the request. Mrs. Kenebrew has rental property on Elm Street and Pine Street. Discussion between the Commission and the cemetery representatives followed regarding the fencing. Discussion between the Commission, Council and staff followed. Vice -Chairman Dykeman recalled that there were possible fencing requirements when another section of the cemetery was approved several years ago. The public hearing was closed. 7 Planning Commission September 17,2001 Commissioner Hallmark made a motion to approve the specific use permit to allow the expansion of the Magnolia Cemetery (South Addition) onto property zoned RM-H and Ll, located South of Elm Avenue between Pine and Texas Avenue as requested in File 1579-P. Commissioner Hallmark amended the motion to include the schematics as outlined in Plan Scheme B and as shown initially on the site plan and asked that they be attached to the ordinance. Commissioner Hernandez seconded the amended motion. Motion to approve carried 5:0, 5) File 1580-P: Request for a specific use permit to convert a residential care facility into a three-unitapartmentin an RCR (Residential Conservation and Revitalization) District. Location: 2390 Broadway at Eighth Street Applicant: Judith Rich Mr. Richardson told the Commission and Council that the applicant received a specific use permit in 1997 to convert this 1,970 square foot two story home into a residential care facility for up to 15 residents. She brought the property into compliance with the specific use permit regulations regarding parking, screening, etc. The residential care facility did not meet expectations and Ms. Rich discontinued the use. She would now like to convert the house into three apartments. No exterior changes are being proposed. Mr. Richardson recommended approval of the request. Twenty notices were mailed to property owners within 200 feet. Five notices in opposition and none in favor were returned. Slides of the subject property were shown. Chairman Leister opened the public hearing and asked for the applicant's comments. Judith Rich, the applicant, addressed the Commission. Chairman Leister asked for comments in favor or in opposition. No comments were made. The public hearing was closed. 8 Planning Commission September 17,2001 Commissioner Hallmark made a motion to approve a specific use permit to convert a residential care facility into a three -unit apartment in an RCR District at 2390 Broadway as requested in File 1580-P. Vice -Chairman Dykeman seconded the motion. Motion to approve carried 5:0. 6) File 1581-Z: Request for a zone change from GC -MD (General Commercial - Multiple Family Dwelling) to RM-H (Residential Multiple Family Dwelling - Highest Density) District for a 1.945 acre tract. Location: 7500 block of Brooks Road, 1200.73'east of S. Major Drive (FM 364) Applicant: Mike Phelan Mr. Richardson stated that the subject property is west of the proposed Willow Bend Drive. The applicant proposes to construct some 15 estate size residential lots. The development, as proposed, necessitates the rezoning. Mr. Richardson recommended approval of the request. Four notices were mailed to property owners within 200 feet. 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. Joe Pattie with Carroll and Blackman, Inc., addressed the Commission. 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 zone change from GC -MD to RM-H District for a 1.945 acre tract located in the 7500 block of Brooks Road as requested in File 15 8 1 -Z. Commissioner Hernandez seconded the motion. Motion to approve carried 5:0. 7) File 1582-Z: Request for a zone change from RS (Residential Single Family Dwelling) to NC (Neighborhood Commercial) District. Location: 695 Todd Avenue at Doty Applicant: Cynthia Douglas Mr. Richardson stated that the applicant wants to operate a two chair beauty shop in her house. 6 Planning Commission September 17,2001 The zone change would constitute spot zoning. The subject property is surrounded by single family residences. The Comprehensive Plan designates this area as a stable area which discourages the introduction of commercial uses into a residential neighborhood. Mr. Richardson recommended denial based upon the facts that it is spot zoning and it is not in conformance with the Comprehensive Plan. Twenty-seven notices were mailed to property owners within 200 feet of the subject property. Five notices in favor and one in opposition were received. Slides of the subject area were shown. Chairman Leister opened the public hearing and asked for the applicant's comments. Cynthia Douglas, the applicant, addressed the Commission. Chairman Leister asked for comments in favor or in opposition. Terri Knight, 9720 Doty, addressed the Commission in favor of the request. Ms. Douglas read a letter in favor of the request from Becky Yoes, who was present but had to leave. The public hearing was closed. Comment from Councilmember Ames followed. Commissioner Hallmark made a motion to deny a zone change from RS to NC for the property at 695 Todd Avenue as requested in File 1582-Z. Commissioner Hernandez seconded the motion. The motion to deny carried 5:0. Amend Planning Commission Bylaws to one meeting per month. Vice -Chairman Dykeman made a motion to approve an amendment of the Bylaws of the Planning Commission to one meeting per month to be held the third Monday of the month at 3 p.m. Commissioner Hernandez seconded the motion. Motion to approve carried 5:0. THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED AT 6:20 P.M.