Loading...
HomeMy WebLinkAbout8-20-01 PC MinutesMINUTES REGULAR MEETING AND JOINT PUBLIC HEARINGS PLANNING COMMISSION CITY COUNCIL August 20, 2001 City Council Chambers A Regular Meeting and Joint Public Hearings of the Planning Commission and City Council were held on August 20, 2001 with the following members present: Commission members present: Chairman Laurie Leister Commissioner Bill Lucas Commissioner Dale Hallmark Commissioner Glenn Bodwin Commissioner Marty Craig Commission members absent: Vice -Chairman Greg Dykeman Commissioner Dohn LaBiche Commissioner Albert Robinson Commissioner Carlos Hernandez Councilmembers present: Mayor David W. Moore Mayor Pro-Tem Guy Goodson Councilman -at -Large Andrew Cokinos Councilmember-at-Large Becky Ames Councilman Audwin Samuel Councilmembers absent: 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; Adina Abshire, Planning Technician; Stephen Bonczek, City Manager and Kyle Hayes, Assistant City Manager APPROVAL OF THE MINUTES Commissioner Craig made a motion to approve the minutes of the Regular Meeting and Joint Public Hearings held July 16, 2001. Commissioner Bodwin seconded the motion. Motion to approve carried 5:0. Planning Commission August 20, 2001 1. ti 0111 ky,111 MOIA-61109J, Replat - Park Place Addition: Consider two variances concerning minimum lot depth and lot width. Replat of Lot 3 and half of Lot 4, Block 7, Park Place Addition. Applicant: Faust Engineering and Surveying, Inc. Mr. Richardson stated that the subject request is for a replat of Lot 3 and the cast 25 feet of Lot 4, Block 7, Park Place Addition into Lots 3A and 3B. The lots are zoned RS. There is a large house in the front of the property broken up into four apartments. There is a garage apartment in the rear. The property is being divided for the purpose of sale. Each lot will contain over 5,000 square feet. However, Lot 3A has an average depth of 89.7 feet; 100 feet is required. Lot 3B is a flag lot. At its widest, the lot is 74.66 feet. However, at its midway point has a width of 15 feet. 50 feet is required. The Subdivision regulations permit the Planning Commission to grant variances under certain conditions. Mr. Richardson recommended approval of the replat and the lot depth variance for Lot 3A and the lot width variance for Lot 3B. Chairman Leister asked for the applicant's comments. John Newberry, the applicant, addressed the Commission. Commissioner Craig made a motion to approve the Replat of Lot 3 and half of Lot 4, Block 7, Park Place Addition concerning minimum lot depth and lot width as requested. Commissioner Hallmark seconded the motion. Motion to approve carried 5:0. 2) File 615-OB: Request to abandon Archie Street between Forsythe and Fannin Streets. Applicant: Diocese of Beaumont Mr. Richardson stated that Saint Anthony Cathedral School would like to abandon this portion of Archie so that the school children could cross between the school and the new gymnasium in safety. N Planning Commission August 20, 2001 Information concerning the request was sent to all interested parties. There is a 42" storm, sewer in the right-of-way. Entergy, Southwestern Bell and Time Warner all have facilities in the street. There is no water or sewer in the street. An easement will need to be retained to protect the existing services. The Traffic Division and Fire Department originally objected to the abandonment. However, they subsequently dropped their objections. Mr. Richardson recommended approval of the abandonment subject to the retention of a utility and drainage easement to protect existing services in the right-of-way. Chairman Leister asked for the applicant's comments. Reverend Jerry McGrath of Saint Anthony's Cathedral addressed the Commission. Mary Anne Mechura, Principal of St. Anthony School, addressed the Commission. Commissioner Bodwin made a motion to abandon Archie Street between Forsythe and Fannin Streets as requested in File 615-013, subject to the retention of a utility and drainage easement to protect existing services in the right-of-way, Commissioner Craig seconded the motion. Motion to approve carried 5:0. 3) File 616-OB: Request to abandon the most northerly 295 feet of Grove Street. Applicant: ExxonMobil Oil Corporation This item was deferred to later in the meeting because Commissioner Bodwin had to abstain and without him, there was no quorum. JOINT PUBLIC BEARINGS Mayor Moore called the Joint Public Hearings of August 20, 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 614-OB: Request for an amendment to See. 30-21.2 (e) (8), and additions to Sec. 30-21,2 (a) and 30-21.2 (e) of the City of Beaumont Zoning Ordinance. Applicant: City of Beaumont Planning Division Mr. Richardson stated that this item was tabled at the August 13, 2001 Historic Landmark Commission meeting, therefore, it will be heard at the September 17, 2001 Planning Commission meeting, Planning Commission August 20,2001 2) File 1567-Z: Request for a zone change from RM-H (Residential Multiple Family Dwelling -Highest Density) to GC -MD (General Commercial -Multiple Family Dwelling) District or a more restrictive commercial district. Location: 1475 Victoria at Craig and M. L. K. Parkway Applicant: Terrell McCarrell Mr. Richardson stated that the subject property is a vacant lot. The applicant wishes to open a used car lot on the property. He has fenced the lot, laid gravel and installed a portable building. This neighborhood is residential in character. To allow this zone change would constitute spot zoning and would allow an incompatible land use to intrude into a residential area. Mr. Richardson recommended denial of the request. Fourteen notices were mailed to property owners within 200 feet. 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. Terrell McCarrell, the applicant, addressed the Commission. Chairman Leister asked for comments in favor or in opposition. Patrick Slaughter, 1510 Victoria, spoke in opposition to the request. Rebuttal by the applicant, Terrell McCarrell. The public hearing was closed. Discussion between the Commission and Council followed. Commissioner Hallmark made a motion to deny the zone change from RM-H to GC -MD District for the property 1475 Victoria at Craig and M. L. K. Parkway as requested in File 1567-Z. Commissioner Bodwin seconded the motion. Motion to deny carried 5:0. 4 Planning Commission August 20,2001 3) File 1568-Z: Request for a zone change from GC -MD (General Commercial - Multiple Family Dwelling) and RM-H (Residential Multiple Family Dwelling - Highest Density) to C-M (Commercial -Manufacturing) District. Location: 2900 blocks of S. 46 Street and San Jacinto Street Applicant: Jef C. Russell, Jr. Mr. Richardson stated that the applicant owns almost all of Block 116, from Wh Street to San Jacinto and Terrell to Rockwell. Four metal buildings front on 4" Street. There are six metal buildings on the east side of the block abutting San Jacinto. A variety of commercial and heavy commercial uses have occupied the buildings over the years. Mr. Richardson informed the Commission that the next item on the agenda is a request for specific use permit to allow an abrasive waterjet cutting job shop at 2995 S. 4tb Street. A zone change is required to C-M to allow this use. Mr. Richardson recommended approval of the zone change for the east 40 feet of Lots I and 2 and all of Lots 3-6. Mr. Richardson recommended that the east half of the block remain RM-H. There are single family residential uses across the street from the subject property on San Jacinto. Nineteen notices were mailed to property owners within 200 feet. No responses in favor and one in opposition were returned. Slides of the subject property were shown. Chairman Leister opened the public hearing and asked for the applicant's comments. Jef Russell, Jr., the applicant, was not present. Bob Chenoweth, the applicant for File 1569-P, addressed the Commission. Chairman Leister asked Mr. Richardson to present File 1569-P so that comments could be heard on both cases. 4) File 1569-P: Request for a specific use permit to allow a water cutting service (abrasive waterjet cutting fabrication job -shop) in the C-M (Commercial - Manufacturing) District. (Zone change to C-M pending.) Location: 2995 S. 4h at Rockwell Applicant: Robert Chenoweth, P. E. Mr. Richardson stated that request is to allow a job shop that uses a computer and a waterjet to cut metal for the Petro -chemical industry. 5 Planning Commission August 20,2001 The applicant proposes to lease a 3,200 square foot warehouse building at 2995 S. 40'Street. The process involves cutting metal and other materials to order from four to eight feet in size and up to eight inches thick. The material is cut using an ultra high pressure water stream with garnet powder used as an abrasive. The cutting head is controlled by a computer. Very little heat or noise is produced by the waterjet machine. Mr. Richardson recommended approval of the specific use permit request. Nineteen notices were mailed to property owners within 200 feet. No responses in favor and two in opposition were returned. Chairman Leister opened the public hearing and asked for the applicant's comments. Bob Chenoweth, the applicant, addressed the Commission. Mr. Chenoweth presented a video about the business and answered questions from the Commission and Council. Chairman Leister asked for comments in favor or in opposition to either case. No comments were made. The public hearing was closed. Commissioner Hallmark made a motion to approve the zone change from GC -MD and RM-H to C-M District at 2995 S. 4h Street as requested in File 1568-Z, subject to the east half remaining RM-H zoning. Commissioner Lucas seconded the motion. The motion to approve carried 5:0. Commissioner Craig made a motion to approve a specific use permit to allow a water cutting service in a C-M District at 2995 40' Street as requested in File 15 69-P. Commissioner Hallmark seconded the motion. Motion to approve carried 5:0. 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 told the Commission and Council that the applicant wishes to teach swimming lessons from 9 a.m. to 5 p.m., Monday through Thursday. They start in June and run through the first week of August. There are seven classes per day of 6-7 students in each class. ro Planning Commission August 20, 200 t Mr. Richardson recommended approval of the request, subject to a requirement that the vehicles transporting the students not block any driveways or the street. Twenty-three notices were mailed to property owners within 200 feet. One notice in favor and one in opposition were returned. Slides of the subject property were shown. Chairman Leister opened the public hearing and asked for the applicant's comments. David Grove, 304 Pearl Street, spoke on behalf of Rusty Hall, the applicant. Mr. Grove answered questions from the Commission. Stacy Hansard was present on behalf of Marilyn Higgins and addressed the Commission. Chairman Leister asked for comments in favor or in opposition. Ken Haynie, 2598 Hazel, addressed the Commission in opposition to the request. Mr. Haynie lives directly across I O'h Street from Mr. Hall. He said he measured the width of the street and it is 19 feet wide. It's a black top street with a ditch on each side and no curbs or gutters. There are no sidewalks on the west side. Mr. Haynie continued and said that at first the parents were parking on both sides of the street and some parked across his driveway. He contacted the City and they put signs on his side of the street, even though most people ignored it. He put hand written signs on the cars. He stated that a vehicle blocked his driveway for 55 minutes one day. He spoke to Ms. Higgins about it and she said she told parents not to park there. Generally, they quit parking on his side of the street, however, when a car is parked on the other side, it leaves about 13 or 14 feet for cars to pass and these children have to walk in the street because there is no other place for them to walk -no sidewalks and it's very dangerous. Jeremiah McGrath, 2605 Harrison, addressed the Commission. He said he is in opposition to the request because of the safety of the children, pedestrian safety and vehicle safety. There are inadequate sidewalks and there is no sidewalk on 10" Street; there's a small sidewalk on Hazel. Hazel Street has moderate traffic use, more than 100' Street. There is absolutely inadequate parking in that area which is hazardous to the neighborhood and also to potential patrons. He said he is opposed to commercial swimming lessons in a residential pool in an RS and Historic District. During the summer, if an emergency vehicle needed to travel on 10th Street, it would not have been able to get through. Children were in the street and although they were accompanied by adults, it was a hazardous situation. He voiced concerns of possible excessive noise in a residential and historic district. VA Planning Commission August 20,2001 Frank Flowers, 2616 Hazel, addressed the Commission in opposition. He complained of excessive noise from the swimming lessons and asked the Commission to deny the request. Anna Frank, 2597 Harrison, addressed the Commission in opposition to the request. She lives directly catty -comer from Mr. Hall and her driveway and his driveway are about 10' apart. Because of the 19'road, when she backs out of her driveway, she needs to use that road to get out. She continued that there have been no less than eight Suburbans parked up and down the street in front of these driveways and the road when she tries to leave in the morning. There is just not adequate parking, (Mayor Pro-Tem Goodson arrived.) The public hearing was closed. Rebuttal by David Grove and Stacy Hansard. Mr. Grove and Ms. Hansard addressed the concerns of the neighbors regarding traffic, parking and child safety. They answered questions from the Commission members regarding liability insurance, parking alternatives and excessive noise. Comments from the Commission members followed. Mr. Grove asked the Commission to table the request until next month and stated that perhaps Mr. Hall could be in attendance at that meeting. Commissioner Craig made a motion to table the request of File 1570-P until the September 17, 2001 meeting. Chairman Leister seconded the motion. Motion to table carried 4:1 (Hallmark). Mayor Moore suggested that because some people present might not be able to attend next month's meeting, that the comments from those speaking in opposition be reviewed at the next meeting, Commissioner Hallmark agreed. 6) File 1571-P: Request for a specific use permit to allow a charter school (K-12) in a GC -MD (General Commercial -Multiple Family Dwelling) District in existing buildings. Location: 3380 Fannin Street (Girl's Haven site) Applicant: Karen E. Fitzhugh, Ph.D. (Ehrhart Charter School) Mr. Richardson told the Commission and Council that Karen Fitzhugh, Executive Director of Girl's Haven, wants to operate a charter school for 100 students within the confines of the existing Girl's Haven facility. The school will serve elementary through high school students. Hours of operation will be from 7:45 a.m. to 6:00 p.m. Monday through Friday. Planning Commission August 2O,2001 Mr. Richardson recommended approval of the request. Twenty 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. Dr. Karen Fitzhugh, 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 charter school (K-12) in a GC -TM at 3380 Fannin Street (Girl's Haven site) as requested in File 1571-P. Commissioner Hallmark seconded the motion. Motion to approve carried 5:0. 7) File 1572-Z: Rezoning study to change zoning from HI (Heavy Industrial) to RCR (Residential Conservation and Revitalization) and GC -MD (General Commercial - Multiple Family Dwelling). Location: Oaks Historic District (HC-D2, south of Calder Avenue) Applicant: City of Beaumont Planning Division Mr. Richardson said that this item is a rezoning study that was done for a portion of the McFaddin 2" Addition. The area is bounded by Calder, Liberty, First and Third. Currently, all of the land within the study area is zoned HI (Heavy Industrial). The area is a mix of commercial, residential single family, residential multiple family and vacant land. There is also one industrial use (an ice house) located at First and Broadway. The study area has been zoned industrial since 1955. As a result of the Heavy Industrial zoning, no homes can be built in the area except for the replacement of grandfathered homes. The Development Strategies Plan designates this area as one in need of conservation and revitalization. This area is part of the Oaks Historic District. Mr. Richardson recommended that the property along Calder be rezoned to GC - MD. The ice house would remain HI. The rest of the property would be rezoned to RCR. 01 Nanning Commission August 20,2001 Sixty-seven notices were mailed to property owners both inside and within 200 feet of the study area. Two notices in favor and five in opposition were received. Slides of the subject area were shown. Chairman Leis.ter opened the public hearing and asked for comments in favor or in opposition. Lester Tanton, 1923 Broadway, addressed the Commission and expressed concern about the rezoning of the north and south sides of Liberty and asked staff for an explanation. Discussion between the Commission and staff followed. George Bullington, 1822 Broadway, spoke in favor of the rezoning. David Worsham, 1885 Broadway, spoke in opposition to the rezoning. The public hearing was closed. Commissioner Hallmark made a motion to approve the rezoning of the property along Calder to GC -MD with the ice house remaining HI and the rest of the property being rezoned to RCR as requested in File 1572-Z. Commissioner Craig seconded the motion. The motion to approve carried 5:0. 8) File 1573-P: Request for a specific use permit to allow a drapery design/interior design and accessory shop in an RCR (Residential Conservation and Revitalization) District. Location: 2495 Broadway and 9' Street Applicant: Alvin and Dorothy McKnight Mr. Richardson stated that McKnight Drapery is relocating from Dowlen Road to the subject property. The property previously housed an architectural firm. The McKnight's interior design firm will emphasize draperies and other textiles. They will also sell, accessories such as paintings, candles and small decorative items. A new driveway and a small parking lot will be constructed off Broadway for additional access. [Ut Planning Commission August 20,2001 Mr. Richardson recommended approval of the request subject to the construction of an eight foot tall screening fence and a ten foot wide landscape strip along the east and south sides of Lot 11. Twenty-nine notices were mailed to property owners within 200 feet. Four 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. Dorothy McKnight, 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. Commissioner Bodwin made a motion to approve a specific use permit to allow a drapery design/interior design and accessory shop in an RCR District at 2495 Broadway and 9' Street as requested in File 1573-P, subject to the construction of an eight foot tall screening fence and a ten foot wide landscape strip along the east and south sides of Lot 11 and compliance with the sign ordinance. Commissioner Craig seconded the motion. Motion to approve carried 5:0. 8) File 1576-P: Request for a specific use permit to allow a day care center for 7-12 children in a house at 4210 Cleveland in an RM-H (Residential Multiple Family Dwelling -Highest Density) District. Location: 4210 Cleveland Applicant: Rekeisha Lynn Ellis Mr, Richardson stated that the applicant will care for 7 to 12 children under the ages of 14. She plans to be open from 6 a.m. to 5 p.m., Monday through Friday. The applicant is requesting a modification to the landscaping and screening requirements. Mr. Richardson recommended approval of the specific use permit subject to a new site plan showing a minimum of six off-street parking spaces and a modification to the screening and landscaping requirements. Sixteen notices were mailed to property owners within 200 feet. One response in favor and two in opposition were returned. 11 Planning Commission August 20, 2001 Slides of the subject property were shown. Chairman Leister opened the public hearing and asked for the applicant's comments. Rekeisha Ellis, 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. In response to Commissioner Lucas, Mr. Richardson read aloud the two responses in opposition. Commissioner Lucas made a motion to approve a specific use permit to allow a day care center for 7-12 children in a house at 4210 Cleveland, an RM-H District as requested in File 1576-P, subject to a new site plan showing a minimum of six off- street parking spaces and a modification to the screening and landscaping requirements. Commissioner Craig seconded the motion. Motion to approve carried 5:0. THERE BEING NO FURTHER BUSMSS, THE MEETING WAS ADJOURNE-3. AT 6:13 P.V. 12