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HomeMy WebLinkAbout8-21-00 PC MinutesNUT' REGULAR MEETING AND JOINT PUBLIC HEARINGS PLANNING COMMISSION AND CITY COUNCIL August 21, 2000 City Council Chambers A Regular Meeting and Joint Public Hearings of the Planning Commission and City Council were held on August 21, 2000 with the following members present: Commission members present: Chairman Laurie Leister Commissioner Dale Hallmark Commissioner Dohn LaBiche Commissioner Bill Lucas -Commissioner Glenn Bodwin Commissioner Albert Robinson Commission members absent: Vice -Chairman Greg Dykeman Commissioner Carlos Hernandez Commissioner Marty Craig Councilmembers present: Mayor David W. Moore Mayor Pro -Tern Guy Goodson Councilmember-at-Large Andrew Cokinos Councilmember-at-Large Becky Ames Councilmember Lulu Smith Councilmember Bobbie Patterson Councilmembers absent: Councilmember Audwin Samuel Also present: Stephen Richardson, Planning Manager; Murray Duren, Senior Planner; Bill Dupree, Senior Planner; Bart Baker, Senior Planner; Tyrone Cooper, First Assistant City Attorney; Adina Abshire, Planning Technician; Jill Cole, Recording Secretary; Stephen J. Bonczek,,City Manager; Kyle Hayes, Economic Development Director M, W6,18".1,11041211-14VURD" Commissioner LaBiche made a motion to approve the minutes of the Regular Meeting and Joint Public Hearings held July 17, 2000. Commissioner Robinson seconded the motion. Motion to approve carried 5:0. i" Planning Commission August 21, 2000 REGULAR MEETING 1) File 600-OB: Request to abandon 135.6' of Cartwright Avenue adjacent to Lot 1, Block 13; Washington Manor Addition. Location: 4805 Cartwright Avenue Applicant: Clayton Mayfield Mr. Richardson told the Commission that the street is unimproved at the subject location. Information regarding the request was sent to all interested parties. No objections were received. Mr. Richardson recommended approval of the request subject to the following conditions: 1. The north 30' x 135.61' be retained as a general utility and drainage easement. 2. The south 30'x 135.61' be retained as an access easement for DD#6. Commissioner Hallmark-, acting as Chairman, asked for the applicant's comments. Clayton Mayfield, the applicant, addressed the Commission. Commissioner Robinson made a motion to approve the abandonment of the west and final 135.61' of Cartwright Avenue, as requested in File 600-013, subject to the following conditions: (1) The north 30' x 135.61' of the street be retained as a general utility and drainage easement and (2) The south 30'x 135.61' of the street be retained as an access easement for Drainage District #6. Commissioner Lucas seconded the motion. Motion to approve carried 5:0. 2) File601-OB: Request to abandon a 30' wide dedicated roadway easement in Lots 17 and 18, Block 1, Wescalder Fig Acres Addition. Location: Between 1275 and 1309 Wescalder Road Applicant: J. Thad Heartfield Mr. Richardson stated that DD#6 and two abutting property owners want to abandon this right-of-way. The right-of-way was dedicated to Jefferson County in 1957 but was never developed. It is no longer needed by th6 County. Information regarding this request was sent to all interested parties. No objections were received. Entergy does have a secondary distribution line in the right-of-way. Mr. Richardson recommended approval of the request subject to retaining an adequate easement to protect Entergy's line. Planning Commission August 21, 2000 Commissioner Hallmark asked for the applicant's comments. Thad Heartfield, the applicant, addressed the Commission. Commis'sioner LaBiche made a motion to approve the abandonment of the 30'wide dedicated road right-of-way in Lots 17 and 18, Block 1, Wescalder Fig Acres Addition between 1275 and 1309 Wescalder Road, as requested in File 60 1 -OB, subject to retaining an easement for Entergy. Commissioner Robinson seconded the motion. Motion to approve carried 5:0. 3) File 603-OB: Request to abandon the 20' wide alley located in Block 37 of the Jef Chaison Addition. Applicant: City of Beaumont Mr. Richardson told the Commission that the alley was never developed and over the years property owners fenced in the alley. Abandonment is now being requested. Information regarding this request was sent to all interested parties. No objections were received. The City does have a 6" sanitary sewer line running through the alley and there is a security light in the alley. Mr. Richardson recommended approval of the request subject to retaining a 20'x 300' general utility easement. Commissioner Hallmark asked for comments. Lucille Hinson, 1260 Threadneedle, asked staff for clarification of the request. Commissioner Bodwin made a motion to approve the abandonment of the 20'wide alley in Block 37 of the Jef Chaison Addition, as requested in File 603-OB, subject to retaining a 20'x 300' general utility easement in lieu of the alley. Commissioner LaBiche seconded the motion. Motion to approve carried 5:0. JOINT PUBLIC HEARINGS (Chairman Leister arrived.) Mayor Moore called the Joint Public Hearings of August 21, 2000 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. K, Planning Commission August 21, 2000 File 1522-P: Request for a specific use permit to allow a two-family structure in an RS (Residential Single Family Dwelling) District. Location: 190 E. Caldwood Applicant, Roy Lackey Mr. Richardson told the Commission and Council that the applicant, Roy Lackey, wants to build a 3,600 sq. ft. two story house adjoining and attached to his mother's house. Mrs. Lackey lives in the existing house, Roy Lackey and his wife and children will live in the proposed new attached residence. Mr. Richardson recommended approval of the request subject to neither residence being rented to anyone other than family members. Sixteen notices were mailed to property owners within 200 feet of.the subject area. One response in opposition and none in favor were returned. Slides of the subject area were shown. Chairman Leister opened the public hearing and asked for the applicant's comments. Roy Lackey, the applicant, addressed the Commission and Council. Chairman Leister asked for comments in favor or in opposition. No comments were made. The public hearing was closed. In response to Chairman Leister, Mr. Lackey explained exactly where the proposed structure would be located. Commissioner LaBiche made a motion to approve a specific use permit to allow a two-family dwelling in an RS (Residential Single Family Dwelling) District at 190 E. Caldwood as requested in File 1522-P, subject to neither residence being rented out to -anyone other than family members. Commissioner Robinson seconded the motion. Motion to approve carried 6:0. (Councilmember Ames arrived.). 2) File 1523-P: Request for a specific use permit to allow a church in an area zoned RS (Residential Single Family Dwelling) District. Location: 1555 S. 23rd Street Applicant: Unity Church of Beaumont Mr. Richardson told the Commission and Council that the proposed church would contain 3,312 square feet. 4 Planning Commission August 21. 2000 A specific use permit was approved in 1996 for a 4,500 square foot church at this location. However, that specific use permit expired after two years. Unity Church is now ready to start construction. Mr. Richardson recommended approval of the specific use permit for the church. Eleven 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. Chairman Leister opened the public hearing and asked for the applicant's comments. Reverend Roy Rackley of Unity Church, the applicant, addressed the Commission and City Council. Chairman Leister asked for comments in favor or in opposition. Wilton Talkington, 1310 Avenue C, addressed the Commission in favor of the request. Mr. Talkington is a member of Unity Church. Sherry Champagne, 8008 Heatherbrook Trail, Port Arthur, addressed the Commission in favor of the request. Ms. Champagne is a member of Unity Church. Don Shellenberger, 6870 Durango Circle, spoke in favor of the request. Nancy Emson of Orange addressed the Commission in favor of the request. Ms. Ernson is a member of the church. The public hearing was closed. Commissioner Bodwin made a motion to approve a specific use permit to allow the construction of a new church on property in an RS District at 1555 S. 23rd Street as requested in File 1523-P. Commission*er Lucas seconded the motion. Motion to approve carried 6:0. 3) File 1524-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 for two separate tracts and a specific use permit to allow (1) a transportation company and (2) a vehicle parking lot. Location: (1) 4120 Pradice and (2) southwest comer of Nora and Goliad Applicant: Darla E. Bell, Rainbow Express Transportation Planning Commission August 21, 2000 Mr. Richardson stated that the subject request is for a zone change from RM-H to GC-MD-2 and a specific use permit to allow a transportation company office and company vehicle parking lot at 4120 Pradice and the southwest comer of Nora and Goliad. - The applicant states that she has been in business at various locations for 5-6 years. 4120 Pradice currently houses the office which is also the vehicle dispatching and communications center. Bookkeeping and staff meetings are also at this location. Seven people are employed by the firm. Company and employee vehicles are stored at the comer of Nora and Goliad. The West Oakland/Pear Orchard Neighborhood Plan which was adopted in 1999 designates this area for low density residential. Mr. Richardson recommended denial of the zone change and the specific use permit for the following reasons among others: 1. ' The zone change will constitute spot zoning. 2. The zone change and specific use permit is not in conformance with the Comprehensive Plan and Neighborhood Plan. 3. Pradice, Nora and Goliad are substandard right-of-way and pavement widths to handle commercial traffic. 4. Intrusion of commercial uses into a residential area. Fifty-nine notices were mailed to property owners within 200 feet of the subject property. Two responses in opposition and 24 in favor were returned. Slides of the subject property were shown, Mr. Richardson answered questions from the Commission and Council regarding zoning and traffic. * Chairman Leister opened the public hearing and asked for the applicant's comments. Darla and Jeffrey Bell, 4120 Pradice, the applicants, addressed the Commission. In response to the concern of damage to the streets, they reminded the Commission that the only vehicles they use are mini -vans and that thej wouldn't cause any further damage to the streets. They did comment that the damage to the streets has been caused by poorly maintained ditches. If there is any amount of rain, the ditches overflow and begins erosion of the streets. Mr. and Mrs. Bell stated that they began construction on the home in 1998. They applied for permits at that time and questioned City staff in regard to a home office and their reply was as long as there was no signage and no goods were 1 Planning Commission August 21, 2000 manufactured, produced or distributed from the location, they could operate a home office. The front room of the house has a desk in it and scheduling and dispatching is done from that office. The rest of the house is a residential home. In response to Commissioner Lucas, Mr. Bell said that he did not have a written statement from the City as to what he was told. At the time, the existing structure was totally dilapidated and in the process of being condemned. They refurbished the home to its current condition. The applicants submitted a map of the subject area to the Commission showing spot zoning that is there already. They asked the Commission to compromise so that they can meet the criteria or to be grandfathered in. Discussion of hours of operation followed. Chairman Leister asked for comments in favor or in opposition. Mrs. Mollett, 2990 Roberts, spoke in favor of the request. Mary Wingate, 4085 Goliad, spoke in favor of the request. Guy Landry, 4150 Goliad, spoke in favor of the request. Jocelyn Coward, 4005 Pradice, spoke in favor of the request. Rose Watts, 4150 Pradice, spoke in favor of the request. Raymond Fontenot, 2860 Sarah, spoke in favor of the request. Willie Green spoke in favor of the request. Golden Roy, 4095 Pradice, spoke in favor of the request. Chairman Leister closed the public hearing. Discussion between Commission members followed. Mayor Moore asked the City Manager to investigate the drainage problems in the subject area. Commissioner Bodwin made a motion to approve a zone change from RM-H (Residential Multiple Family Dwelling -Highest Density) to GC-MD-2 (General Commercial -Multiple Family Dwelling-2) District for the property at 4120 Pradice and the southwest comer of Nora and Goliad as requested in File 1524-Z/P. Commissioner Hallmark seconded the motion. Motion to approve carried 6:0. Planning Commission August 21. 2000 Mr. Cooper clarified that the applicant needs to resubmit their application for a specific use permit. Chairman Leister noted that the site plan submitted with the application does not have parking and will need to be corrected. The Commission stated that they would waive the fee for that application. P 4) File 1525-Z: Request for a zone change from GC -MD (General Commercial - Multiple Family Dwelling) to RS (Residential Single Family Dwelling) District for two 2-acre tracts of land. Location: 9800 block of Old Voth Road Applicant: Sam C. Parigi, Jr. for Mr. and Mrs. Garrett Guillory and Mr. and Mrs. Travis Hefley Mr. Richardson said that the request for a zone change from GC -MD to RS was for two 2-acre tracts between Eastex Freeway and Voth Road. Sam Parigi, acting as agent for Mr. and Mrs. Guillory and Mr. and Mrs. Hefley, is requesting that the four acres be rezoned. These two tracts are south of the three acres owned by the Guillory's that was rezoned to RS in 1998. Two acres will be owned by the Guillory's and two will be owned by the Hefley's. The Hefley's will build a home on their two acres. Mr. Richardson recommended approval of the request. 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. Sam Parigi, Jr., 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 Hallmark made a motion to approve the zone change from GC -MD to RS for two 2-acre tracts of land in the 9800 block of Old Voth Road as requested in File 1525-Z. Commissioner Robinson seconded the motion. Motion to approve carried 6:0. .1 I Planning Commission August 21, 2000 5) File 597-OB: Request for re -adoption of the Parks and Open Space Element of the Comprehensive Plan as the Parks, Recreation and Open Space Plan. Applicant: City Planning Division Mr. Richardson turned the presentation over to William Dupree and Bart Baker, Senior Planners. The re -adoption of the Parks & Open Space Plan Element was last approved on June 23, 1998. Its rc-adoption is being requested in order to maintain the two year re -adoption schedule required by the plan and City Charter, This schedule also works well in that it would permit the City to submit an approved plan and grant application to Texas Parks and Wildlife (TP&W) for the Fall grant funding cycle if that is determined desirable. The current plan has been modified somewhat in order to be consistent with TP&W plan approval standards. Having an approved plan on file with TP&W gives the City an advantage over grant applicants who do not have an approved plan on file. The major differences. between the current plan and the proposed plan are as follows: The large manually produced map has been replaced with a computer generated map using our new ArcView GIS software. Additionally, illustrations within the text have also been prepared using that software. This has permitted us to prepare more accurate and detailed graphic representation of the plan and illustrations provided within the text of the plan. For example, the Big Thicket Preserve is now shown on the plan. Because the service areas of the various parks can now be more accurately determined, see Figures A- I and A-2, some locations of future facilities as shown on the large map were moved from the locations shown on the current plan. The current plan, known as the "Parks and Open Space Plan", has been re- named to "Parks, Recreation, and Open Space Plan". This change makes "recreation" a clear and prominent subject, separate and apart from park facilities and open space concerns. Future revisions of the plan will provide more details on the City's recreational programs and services and provide in depth analyses of the types and ritymber Of recreational programs relative to the demographics of the City. This was not included in this revision of the plan because new population data will not be available for another 12 to 18 months. The text has primarily been modified only where necessary to update information on changes to the facility descriptions and the implementation sections. The listing of projects and time -lines for short-term improvements has therefore been changed. 12, I Planning Commission August 21, 2000 The most significant change in this plan is the change in the acreage standard for neighborhood parks. The current standard of 5 to 10 acres for a neighborhood park has been changed to permit neighborhood parks as small as 2.5 acres. j Although the park system map has coverage out to the City's ETJ fine, future park facilities are only shown out to the extent of the coverage of the currently adopted Land Use Plan Element map. When the Land Use Plan Element map is adopted with coverage to the ETJ line, the parks map will be revised. Commissioner LaBiche made a motion to approve the readoption of the Parks and Open Space Element of the Comprehensive Plan as the Parks, Recreation and Open Space Plan as requested in File 597-OB. Commissioner Robinson seconded the motion. Motion to approve carried 6:0. THERE BEING NO FURTHER BUSINESS, THE MEETING ADJOURNED AT 5:20 P. M. lull