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HomeMy WebLinkAbout3-18-02 PC MinutesMINUTES I REGULAR MEETING AND JOINT PUBLIC HEARINGS PLANNING COMMISSION CITY COUNCIL March 18,2002 City Council Chambers A Regular Meeting and Joint Public Hearings of the Planning Commission and City Council were held on March 18, 2002 with the following members present: Commission members present: Commissioner Dohn LaBiche Commissioner Bill Lucas Commissioner Marty Craig Commissioner Dale Hallmark Commissioner Carlos Hernandez Commission members absent: Chairman Laurie Leister Vice -Chairman Greg Dykernan Commissioner Glenn Bodwin Councilmembers present: Mayor David W. Moore Mayor Pro -Tern Guy Goodson Councilman -at -Large Andrew Cokinos Councilmember-at-Large Becky Ames Councilmember Lulu Smith Councilman Audwin Samuel Councilmembers absent: Councilmember Bobbie Patterson 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 and Kyle Hayes, Economic Development Director APPROVAL OF THE MINUTES Commissioner Craig made a motion to approve the minutes of the Regular Meeting and Joint Public Hearings held February 20, 2002. Commissioner Lucas seconded the motion. Motion to approve carried 5:0. Planning Commission March 18,2002 - I , I 10IDNVIC Replat-Garden Villas Subdivision: Consider the Replat of Garden Villas Subdivision; Tracts 1-3, Block 3, A. Savery League. Applicant: Access Surveyors for James E. McMillan Mr. Richardson told the Commission that the replat is of Lots 27 and 28, Block 3, Garden Villas Addition. This property is located in the City's Extraterritorial Jurisdiction outside the city limits, but because the City does have subdivision authority over properties in the ETJ, it is required to go before the Commission. The replat will subdivide the two existing lots into three lots. In years past, three residential structures were built or moved onto the property. Lots 27 and 28 are oriented towards Shady Lane. The property owner would like to replat his property so that each residence is located on its own lot. The lots would be oriented towards Main Lane. Since additional lots are being created, a public hearing is required on this item. This plat was sent to all interested parties. No negative comments have been received. Twenty notices were mailed to property owners within 200 feet. Two responses in favor and none in opposition were returned. Commissioner LaBiche, acting as Chairman, opened the public hearing and asked for comments in favor or in opposition. No comments were made. The public hearing was closed. Commissioner Hallmark made a motion to approve the Replat of Garden Villas Subdivision; Tracts 1-3, Block 3, A. Savery League as requested. Commissioner Craig seconded the motion. Motion to approve carried 5:0. 2) Preliminary Plat - Bellechase West, Section One, Phase Two-B: Consider the Preliminary Plat of Bellechase West, Section One, Phase Two-B; Lots 8-12, Block 2, Hezekiah Williams Survey, Ab. 56. Applicant: Carroll & Blackman, Inc. for Little Development Co. Mr. Richardson stated that the preliminary plat is for a 2.5 acre tract to be developed as a 5 lot single family residential subdivision. The preliminary plat was approved for Phases I and 2 in 1998. Utilities were completed in this section and were accepted by City Council. However, the street was not completed within the two year time period, so the plat on this section expired. The applicant is resubmitting this plat for re -approval. N Planning Commission March 18, 2002 This plat was sent to all interested parties for review. The City Engineer conditioned approval upon an erosion control plan being submitted to the City Engineer before construction. Mr. Richardson recommended approval subject to the City Engineer's comment. Commissioner LaBiche asked for the applicant's comments. Joe Pattie with Carroll and Blackman, Inc., the applicant, addressed the Commission. Bill Little was also present and addressed the Commission. Commissioner Lucas made a motion to approve the Preliminary Plat of Bellechase West, Section One, Phase Two-B as requested, subject to an erosion control plan being submitted to the City Engineer before construction. Commissioner Hernandez seconded the motion. Motion to approve carried 5:0. JOINT PUBLIC HEARINGS Mayor Moore called the Joint Public Hearings of March 18,2002 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 1603-P: Request for a specific use permit to provide space for pre -owned furniture and accessories in an RCR (Residential Conservation and Revitalization) District. Location: 2262 North Street Applicant: James W. (Buddy) Stone Mr. Richardson stated that the request was to allow the sale of pre -owned furniture and accessories in an RCR District. The applicant, Buddy Stone, wants to operate a retail business in an existing commercial building at 2262 North Street. Two buildings are located on the property. A bookkeeping firm is in the building at the rear. The entrance to the store will be primarily in the rear. A paved parking lot accommodating 10 to 12 cars separates the two buildings. The applicant is requesting a modification to the screening and landscaping requirements on the north and east property lines. A chain link fence and some vegetation exist along these two property lines. Mr. Richardson recommended approval of the request with a modification to the landscaping and screening requirements. Q Planting Commission March 18,2002 Twenty-three notices were mailed to property owners within 200 feet. No responses in opposition and three in favor were returned. Slides of the subject property were shown. Commissioner LaBiche opened the public hearing and asked for the applicant's comments. Buddy Stone, the applicant, addressed the Commission. Mr. Stone wants to move his existing shop to the proposed location. The shop is currently located about a block away. He said that the proposed store will be in keeping with the neighborhood. Commissioner LaBiche asked for comments in favor or in opposition. No comments were made. The public hearing was closed. Commissioner Hallmark made a motion to approve a specific use pen -nit to provide space for pre -owned furniture and accessories in an RCR District at 2262 North Street, as requested in File 1603-P, Commissioner Craig seconded the motion. Motion to approve carried 5:0. 2) File 1604-Z: Request for a zone change from RS (Residential Single Family Dwelling) to GC -MD (General Commercial -Multiple Family Dwelling) District. Location: 2412 Delaware Applicant: Salim Makdsi Mr. Richardson stated that the applicant owns this lot as well as Lots 8-10 to the east. A convenience store sits on those lots. The widening of Concord and Delaware at this comer has resulted in the applicant losing the fuel tanks and off-street parking in front of the convenience store. The store is now only 30 feet off both streets. The applicant would like to demolish the existing store and rebuild. This would require the rezoning of Lot 7 so that he could move the building to the west. Mr. Richardson recommended approval of the request. Twenty-six notices were mailed to property owners within 200 feet. One response in favor and one in opposition were returned. Slides of the subject property were shown. Commissioner LaBiche opened the public hearing and asked for the applicant's comments. Planning Commission March 18,2002 Salim Makdsi, the applicant, addressed the Commission. Commissioner LaBiche asked for comments in favor or in opposition. No comments were made. The public hearing was closed. Commissioner Lucas made a motion to approve the zone change from RS to GC - MD District at 2412 Delaware as requested in File 1604-Z. Commissioner Hernandez seconded the motion. Motion to approve carried 5:0. 3) File 1605-P: Request for a specific use permit for a retail store. Location: 3350 Dowlen Road (Tuscany Park) Applicant: Brentwood Investments Development Co., Ltd. Mr. Richardson stated that the request is for a jewelry store in a PUD District in Building "B" of Tuscany Park. Mathews Jewelry wants to open an 1,808 square foot store. This is one of several stores, restaurants and offices that have opened at this location. Mr. Richardson recommended approval of the request. Ten 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 LaBiche opened the public hearing and asked for the applicant's comments. The applicant was not present. Commissioner LaBiche 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 for a retail store at 3350 Dowlen Road, Building "B" of Tuscany Park as requested in File 1605-P. Commissioner Hallmark seconded the motion. The motion to deny carried 5:0. 4) File 1606-Z/P: Request for a zone change from RM-H (Residential Multiple Family Dwelling -Highest Density) to GC-MD-2 (General Commercial -Multiple Family Dwelling-2) District and a specific use permit to allow a towing office and vehicle storage facility. Location: 1575 S. Major Applicant: Landry Rountree Mr. Richardson said that the applicant, Landry Rountree, is also asking for a modification to the landscaping requirements along the east property line. Planning Commission March 18,2002 The applicant wants to relocate Landry's Towing Service to this location. The business will consist of an office and vehicle storage facility. The office will be used for administrative purposes, dispatching, processing stored vehicles and 24 hour on -site security. The storage facility will be screened, surfaced and lighted to meet TxDot and City of Beaumont regulations. The storage facility will be used to store vehicles impounded by the City and various other law enforcement agencies. Along the east and south sides of the property a five foot drainage swell is being dug. Mr. Neff, the property owner to the east, is asking that no additional trees be required along this side of the property. Mr. Richardson recommended approval of the request subject to the owner identification sign being set back 10' from the property line and that no additional trees be required along the east property line. Sixteen 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. Commissioner LaBiche opened the public hearing and asked for the applicant's comments. Landry Rountree, the applicant, addressed the Commission and answered questions. In response to Commissioner Lucas, Mr. Rountree said that the number of cars on the property could vary, but the lot is designed for there to be about 45-50 vehicles stored at any time and ideally he would try to keep it under 50. Commissioner Lucas also asked if there would be an odor problem from vehicles leaking oil and gas or are the vehicles drained, Mr. Rountree said that the cars are not drained. Commissioner Hallmark stated that there were three different types of fencing on the plan, On the rear of the property there is an 8'high wood fence and down both sides and a portion of the front is what's described as a metal fence 8'in height. He asked if that was a solid type fence. Mr. Rountree replied it would be a metal building like what is across the street or next door. It would not be corrugated tin, like sometimes is used. Commissioner LaBiche asked for comments in favor or in opposition. Larry Perkins, 1350 Avalon, addressed the Commission in opposition. Mr. Perkins said he had concerns about the noise produced by the business and the negative effect that the business would have on adjacent properties. rol Planning Commission March 18, 2002 Michea Ford, 1485 and 1495 Avalon, addressed the Commission in opposition. Mrs. Ford expressed concerns about noise from the 24 hour towing business, declining property values and rodents as a result of the stored vehicles. Kathy Weathington Hughes, 1220 Glendale, addressed the Commission in opposition. She stated her concerns about a possible decline in property values and rodents resulting from the facility. Austin Brown with Foxworth Real Estate addressed the Commission in opposition on behalf of his client, Dewey Gonsoulin. They do not have a problem with the 24 hour towing service, but they are opposed to the storage facility in the back and feel that 50 cars are too many. They feel that it will negatively affect the neighbors, the environment and property values. Mr. Brown also expressed concern about cars dripping oil, battery acid and antifreeze over time will create problems. They think the business will discourage future quality businesses from moving there. He feels that if Mr. Rountree wants to store vehicles, he can store them somewhere else, further out Highway90, other parts of town, or outside the city limits. Jada Kamp addressed the Commission in opposition on behalf of her parents, Shelby and Dot Bundick who live at 1620 Avalon and also her sister, Karen Glidden, who will be building within the 200 foot radius. Concerns were stated regarding rodents, an increase in noise and decreasing property values. Judy Perkins, 1350 Avalon, addressed the Commission in opposition. Mrs. Perkins is worried that when it floods, oil and other chemicals from the stored vehicles will be floating and draining onto her property. Rebuttal by Mr. Rountree. He said that because the storage area will not be grassed, but slag or limestone, that should deter rodents and snakes. Mr. Rountree does have a storage area outside city limits, but city ordinances require him to store some vehicles within city limits. Mr. Rountree answered questions about drainage. The public hearing was closed. Commissioner Lucas made a motion to deny a zone change from RM-H to GC-MD- 2 District and a specific use permit to allow a towing office and vehicle storage facility as requested in File 1606-Z/P. Commissioner Craig seconded the motion. Motion to deny carried 5:0. 5) File 1607-P: Request for a specific use permit for additional parking and use of a trailer on a lot for a food pantry and clothes closet for a church. Location: 2185 Wilson Street Applicant: New Birth Assembly of God Church This item is a request for a specific use permit to allow for an overflow church 6 Planning Commission March 18, 2002 parking lot and the use of a trailer for storage, food pantry, church library/book store and clothes closet in an RM-H District. The property is located in the 2100 block of Wilson Street. New Birth Assembly of God would like to use the property that it owns across the street from its sanctuary for the aforementioned uses. The parking lot will be paved and lighted. The trailer has been next to the church sanctuary for several years. The food pantry and clothes closet will be open 1 hour before services on Sunday and Wednesday. The church is in the process of buying the remaining houses on the south side of Wilson. Therefore, they are asking for a modification to the landscaping/screening requirements on either side of the subject property. The church has submitted three site plans. The one labeled SK4 is the preferred one. Mr. Richardson recommended approval subject to making the parking space widths 9 feet and with a modification to the landscaping/screening requirements on the cast and west sides of the property. Twenty-one 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. Commissioner LaBiche opened the public hearing and asked for the applicant's comments. Henry Bossette addressed the Commission on behalf of New Birth Assembly of God and answered questions from the Commission. Commissioner LaBiche asked for comments in favor or in opposition. No comments were made. The public hearing was closed. Mayor Moore commented that he was glad to see continuing efforts in that area. Commissioner Hernandez made a motion to approve a specific use permit for additional parking and use of a trailer on a lot for a food pantry and clothes closet for a church in an RM-H District at 2185 Wilson Street as requested in File 1607-P. Commissioner Craig seconded the motion. Motion to approve carried 5:0. Planning Commission March 18, 2002 6) File 1608-P: Request for a specific use permit for the renting and leasing of heavy construction equipment with the associated storage, repair and maintenance of said equipment. Location: 1680 W. Florida (rear) Applicant: James Todd Barnes Mr. Richardson stated that the specific use permit to allow a repair and maintenance shop and a secured parking area for dump trucks and earth moving equipment is located on a one acre tract in a GC -MD District. The applicant wants to build and operate a repair and maintenance shop with secured parking on a one acre tract of land north of West Florida Avenue. The applicant is in the construction and dump truck business. He supplies trucks to his own jobs as well as to other contractors. The maintenance and parking areas will be enclosed by an 8' tall wood screening fence. The site plan shows open space for the north 200 feet of the property. The property to the north is zoned RS. Normally, an 8'tall screening fence and 1 O'wide landscape strip would be required. In place of that requirement, a 30' wide landscape buffer could be installed. However, the 200' of open space would be an adequate buffer as long as no equipment storage was allowed within that area. Mr. Richardson recommended approval of the request for a specific use permit subject to the supports of the owner i.d. sign being set back 10' from the property line and that no outdoor storage of vehicles or equipment on the north 200' be allowed and with a modification to the screening and landscaping requirements along the north property line. Fifteen notices were mailed to property owners within 200 feet. Three responses in favor and none in opposition were returned. Slides of the subject property were shown. Commissioner LaBiche opened the public hearing and asked for the applicant's comments. Todd Barnes, the applicant, addressed the Commission. Commissioner LaBiche asked for comments in favor or in opposition. No comments were made. The public hearing was closed. Commissioner Hallmark made a motion to approve a specific use permit for the renting and leasing of heavy construction equipment with the associated storage, repair and maintenance of said equipment at 1680 W. Florida (rear) as requested in 6 Planning Commission March t8,2002 File 1608-P. Commissioner Craig seconded the motion. Motion to approve carried 5:0. 7) File 62 1 -OB: Adoption of the South Park Neighborhood Sketch Plan. Applicant: City of Beaumont Planning Division This file was deferred until the April 15, 2002 meeting. THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED AT 5:28 P. M. IN