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HomeMy WebLinkAbout6-19-00 PC MinutesREGULAR MEETING AND JOINT PUBLIC HEARINGS PLANNING COMMISSION AND CITY COUNCIL June 19, 2000 City Council Chambers A Regular Meeting and Joint Public Hearings of the Planning Commission and City Council were held on June 19, 2000 with the following members present: Commission members present: Chairman Laurie Leister Commissioner Dobn LaBiche Commissioner Dale Hallmark Commissioner Glenn Bodwin Commissioner Marty Craig Commission members absent: Vice -Chairman Greg Dykeman Commissioner Bill Lucas Commissioner Albert Robinson Commissioner Carlos Hernandez Councilmembers present: Mayor Pro-Tem Guy Goodson Councilmember-at-Large Andrew Cokinos Councilmember-at-Large Becky Ames Councilmember Lulu Smith Councilmember Audwin Samuel Councilmember Bobbie Patterson Councilmembers absent: Mayor David W. Moore Also present: Stephen Richardson, Planning Manager; Tyrone Cooper, First Assistant City Attorney; Adina Abshire, Planning Technician; Jill Cole, Recording Secretary; Stephen J. Bonczek, City Manager; Kyle Hayes, Economic Development Director APPROVAL OF THE bMWTES Commissioner Craig made a motion to approve the minutes of the Joint Public Hearings held May 15, 2000. Commissioner Bodwin seconded the motion. Motion to approve carried 5:0. Planning Commission June 19, 2000 111V V —01dui ' " M-61. 1) Preliminary Pig -gyp; i't 4-of Pine, Glen Subdivision: Consider the Preliminary Plat of Unit 4 of the Pine Glen Subdivision out of the D. Easley League, Ab, 20. Phase I: Lots 1- 17, Block 1, Lots 18-34, Block 2 and Lots 1-5, Block 4; Phase II: Lots I - 17, Block 2, Lots 1- 17, Block 3 and Lots 6-10, Block 4. Location: Tolivar Road Applicant: Schaumburg & Polk, Inc. for Construction Equity, Inc. Mr. Richardson told the Commission that the plat was for a 15.9 acre tract of land on the south side of Tolivar between Major and Keith Roads. The property will be subdivided into 78 single family residential lots and will be developed in two phases. This plat was sent to all interested parties. The Fire Marshal rejected the proposed water supply as being insufficient. Discussions are being held to remedy this situation. The City is negotiating with a property owner for an easement that would enable the City to loop the water line. Mr. Richardson added that it was now his understanding that the,City has now acquired that easement. Mr. Richardson recommended approval of the plat subject to compliance with the water line improvements being acceptable to the Water Utilities Manager, Fire Marshal and the developer. Chairman Leister asked for the applicant's comments, Troy Whitehead with Schaumburg and Polk, Inc. addressed the Commission. Commissioner Craig made a motion to approve the Preliminary Plat of Unit 4 of Pine Glen Subdivision as requested, subject to compliance with the water line improvements being acceptable to the Water Utilities Manager, Fire Marshal and the developer. Commissioner LaBiche seconded the motion. Motion to approve carried 5:0. 2) File 596-GOB: Request to abandon part of a 4 foot wide platted alley lying• between Lot 8, Block 87, Cartwright Addition and Lots 8, 9, 10 and part of Lot 11, Block 10, Arlington Addition. Applicant: Hi-Lo Auto Supply Mr. Richardson stated that plans for a new auto parts store on the subject property necessitates the abandonment of the alley. The abandoned alley would be used for parking, landscaping and an 8 foot high screening fence. There are some utilities in the alley. Mr. Richardson recommended approval of the abandonment subject to retaining a general utility easement in the alley to serve ►7 Planning Conunission June 19, 2000 those utilities. The proposed development plans will not interfere with this easement. Chairman Leister asked for the applicant's comments. David Strong with O'Reilly Auto Parts, the applicant, addressed the Commission. Commissioner LaBiche made a motion to approve the abandonment of part of a 4 foot wide platted alley lying between Lot 8, Block 87, Cartwright Addition and Lots 8, 9�, 10 and part of Lot 11, Block 10, Arlington Addition as requested in File 596- OB. Commissioner Hallmark seconded the motion. Motion to approve carried 5:0. 00i WN 8 al 113 91 19B 00 1 W.1% Mayor Pro -Tern Goodson called the Joint Public Hearings of June 19, 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. 1) File 59 1 -QB: Request to amend Section 30-23.1 and Section 30-28 of the Zoning Ordinance to create regulations for the Major/Dowlen/Gladys/Hwy. 105 Sign Overlay District which will govern signage in an area of west Beaumont. Applicant: City of Beaumont Planning Division Mr. Richardson stated that the Sign Review Committee met twice to review and develop a proposed sign ordinance for an area in west Beaumont that basically lies north of Hwy. 105 to south of Gladys and west of Major to east of Dowlen. The district will overlay the existing zoning with the creation of the MD Sign Overlay District. The major purpose of the proposed sign ordinance is to provide for the essential identity of facilities along the streets and prevent needless clutter in this area by requiring uniform signage. Uniform signage will be in the form of monument signs. The ordinance differentiates commercial and industrial signage by occupancy, Single tenant business establishments are allowed one detached sign per street frontage that abuts the property. Single tenant business establishments will include those offering multiple services and/or goods. The sign shall not exceed six (6) feet in height and seventy (70) square feet in area. That would equal a 60 square foot sign face with an 8 inch border. For multi -tenant business establishments, one detached sign is permitted per street frontage that abuts the property. Multi -tenant business establishments shall mean a development under the same ownership consisting of two or more business Cl Planning Commission June 19, 2000 establishments separated by a tenant separation wall and using common driveways and onsite parking facilities. The sign shall not exceed twenty (20) feet in height and two hundred forty (240) square feet in area. That would equal a 200 square foot sign face with an 8 inch border. Gasoline retailers are dealt with separately in the ordinance. One owner identification/pricing board sign is permitted per street frontage that abuts the property. Along Dowlen, Hwy. 105 and Major, the sip shall not be greater than fifteen (15) feet in height and one hundred (100) square feet in area, Along all other streets in the MD Sign Overlay District, a gasoline retailer shall also be permitted one owner identification/pricing board sign per street frontage that abuts the property. However, those signs shall not exceed six (6) feet in height and seventy (70), square feet in area. Off -premise advertising signs will be prohibited in the overlay district. Existing nonconforming off -premise advertising signs at the time of the adoption of the ordinance may be required to be relocated, reconstructed or removed by the City A - Council, all in accordance with the procedures as provided for in Chapter 216 of the Texas Local Government Code. All lawful nonconforrning on -premise owner identification signs shall be allowed to exist in the overlay district except when the sign falls into disrepair, or is damaged by fire, explosion, act of God or other calamity to the extent that the cost of reconstruction or repair exceeds fifty (50) percent of the replacement cost of the sign. Then the sign must either be removed or made to conform. 1813 notices were mailed to property owners within 200 feet of the subject area. 20 responses in favor and 11 in opposition were returned. A slide of the proposed boundaries was shown. Chairman Leister opened the public hearing and asked for comments in favor or in opposition. George Crawford, Manager of Lamar Advertising, spoke in opposition to the request. (Councilman Samuel arrived.) Jim Ritter, managing partner of Windemere Development Company, addressed the Commission in opposition to the request. Scott Rand of Rand Oil Company addressed the Commission in opposition to the request. 4 Planning Commission June 19, 2000 (Councilmember Patterson arrived.) John Johnson, 5745 Pickwick, addressed the Commission in opposition to the request, Pam Shelander, 5555 Clinton, spoke in opposition to the request. Charles Johnson, 5735 Derby, spoke in opposition to the request. Mr. Johnson represents New Life Tabernacle Church. Dr. Jack Richardson of Windemere Development Company addressed the Commission in opposition to the request. No comments in fAvof -were made. The public hearing was closed. Councilman Goodson stated that staff should possibly look at certain aspects of the sign ordinance, such as the safety issue of the signs themselves. He also mentioned special event signs and real estate signs on commercially undeveloped tracts of land. Chairman Leister asked Mr. Richardson if special event signs, banner signs and large commercial signs are addressed in the current sign ordinance. Mr. Richardson said under the new ordinance, banners would be prohibited. Discussion of the penalty for non -conforming signs followed. Mi. Richardson clarified that the three issues that need to be modified were temporary banner signs, real estate signs and distances from property lines. Commissioner LaBiche said he feels the Commission needs to move forward on the ordinance. Councilmember Smith agreed. Discussion of the Board of Adjustment's role in the sign ordinance followed. Chairman Leister clarified that the Commission would vote on the sign ordinance and then staff could make the needed adjustments. Commissioner LaBiche made a motion to approve the request to add Section 30.23.1 and amend Section 30-28 of the Zoning Ordinance to create regulations for the Major/Dowlen/Gladys/Hwy. 105 Sign Overlay District which will govern signage in an area of west Beaumont as requested in File 591-GB.. Commissioner Craig seconded the motion. Motion to approve carried 5:0. 9 Planning Commission June 19, 2000 2) _-k: Request for a specific use permit to allow the construction of a new U. S. Post Office on property zoned GC-MD-2 (General Commercial - Multiple Family Dwelling -2). Location: Southeast corner of Elgie and Avenue A (former Giles Elementary School) Applicant: Professional Design Group Mr. Richardson told the Commission and Council that the Postal Service intends to replace its existing facility in the Stadium Shopping Center with the proposed facility. The new station will contain 23,985 square feet. There will be 179 parking spaces for customers, employees and postal vehicles. The City sold the site to the U. S. Postal Service in 1998. That same year, the block was rezoned to GC-1115-2. An alley and general utility easement have also been abandoned. Mr. Richardson recommended approval of the specific use permit. The request is in conformance with the eight conditions necessary for approval. Forty-eight notices were mailed to property owners within 200 feet of the subject property. 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. James Gersch of Professional Design Group, the applicant, addressed the Commission and City Council. Joel Roitenberg of the U. S. Postal Service also addressed the Commission. 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 the construction of a new U. S. Post Office on property zoned GC-MD-2 at the southeast comer of Elgie and Avenue A as requested in File 1513-P. Commissioner LaBiche seconded the motion. Mrs. Brewer, 1340 Elgie, addressed the Commission in reference to future property purchases. Commissioner LaBiche clarified that all the property that was needed for the project had already been purchased. Motion to approve carried 5:0. 0 Planning Commission June 19, 20M 3) File 1514-P: Request for a specific use pen -nit in a GC -MD (General Commercial - Multiple Family Dwelling) District to allow a billiards hall and drinking place in an existing building. Location: 6410 Phelan Boulevard, Suite B (Colonnade Shopping Center) Applicant: 6420, Inc., DBA Fast Eddie's Neighborhood Billiards and Saloon Mr. Richardson stated that the applicant, Fast Eddie's, would like to operate at this location which is right next door to Tuesday Morning. The facility would provide 32 pool tables, bar, darts and electronic games. The area is commercial in nature. Mr. Richardson recommended approval of the request. The request is in compliance with the eight conditions necessary for approval. Fourteen notices were mailed to property owners within 200 feet of the subject property. No responses in favor and two in opposition were returned to staff. Slides of the subject property were shown. Chairman Leister opened the public hearing and asked for the applicant's comments. Mark Beyer with Fast Eddie's, the applicant, addressed the Commission and answered questions from the Commission regarding employees. Chairman Leister asked for comments in favor or in opposition. Tom Harken addressed the Commission in opposition to the request. The public hearing was closed. Rebuttal by Mark Beyer, the applicant, followed. Commissioner Hallmark made a motion to approve the specific use permit in a GC - MD District to allow a billiards hall and drinking place in an existing building at 6410 Phelan, Ste. B, as requested in File 1514-P. Commissioner LaBiche seconded the motion. Motion to approve carried 4:1 (Leister). 4) File 15 15_-ZZE: Request for a zone change from RCR (Residential Conservation and Revitalization) to GC-MD-2 (General Commercial -Multiple Family Dwelling-2) and an application for a specific use permit to allow a limousine, tour and motor coach charter service. Property is also located in the Oaks Historic District. Location: 575 7th Street at McFaddin Avenue Applicant: Michael G. LaBrie, Sun Travel 4. Planning Commission June 19, 2000 Mr. Richardson stated that this request is the first of two requests for the same property. Sun Travel proposes to operate a charter service out of this vacant building at the southwest comer of McFaddin and Seventh Street. The company currently owns three buses and two limousines. The property would be used for the company's office as well as storage of the vehicles. A zone change and specific use permit are required for Sun Travel to operate at this location. Mr. Richardson recommended denial of the requests. While this, immediate area is a mixture of residential and commercial uses, staff feels that a charter, service where buses are -stored and come and go would not be compatible with the residential uses in the area and the Historic District. Fourteen notices were mailed to property owners within 200 feet of the subject property. No responses in favor and two.in opposition were returned to staff. Slides of the subject property were shown. Chairman Leister opened the public hearing and asked for the applicant's comments., Mike LaBrie of Sun Travel, the applicant, addressed the Commission and answered questions regarding employees, parking of vehicles and access to the business. Chairman Leister asked for comments in favor or in opposition. Peggy Jones, 2395 Hazel, spoke in opposition to the request. Marc McDonald, 2477 Long, spoke in opposition to the request. Jerry Rodgers, 2300 McFaddin, spoke in opposition to the request. The public hearing was closed. Commissioner Hallmark made a motion to deny the request for a zone change from RCR to GC-MD-2 and an application for a specific use permit to allow a limousine, tour and motor coach charter service at 575 7th Street at McFaddin, as requested in File 1515-Z/P. Commissioner LaBiche seconded the motion. Motion to deny carried 5:0. N Planning Commission June 19, 2000 5) File 15 1 J"P: Request for a specific use permit to allow a law office and a CPA office in an RCR (Residential Conservation and Revitalization) District. Property is also within the Oaks Historic District, Location: 575 7th Street at McFaddin Avenue Applicant: Lee Johnson, Attorney -at -Law Mr. Richardson stated that the applicant wants to convert the existing building into a two -man law office and an office for a CPA, Mr. Richardson recommended approval of the request. The application is in compliance with the eight conditions necessary for approval. Fourteen notices were mailed to property owners within 200 feet of the subject property. Two responies in favor and none in opposition were returned to staff Slides of the subject area were shown. Chairman Leister opened the public hearing and asked for the applicant's comments. Lee Johnson, the applicant, addressed the Commission and answered questions regarding the existing fence and business hours. Chairman Leister asked for comments in favor or in opposition. No comments were made. The public hearing was closed. Commissioner LaBiche made a motion to approve the request for a specific use permit to allow a law office and a CPA office in an RCR District at 575 Seventh Street at McFaddin, as requested in File 1517-P, with the condition that the existing chainlink fence be ' removed. Commissioner Craig seconded the motion. Motion to approve carried 5:0. 6) File 15 16-Z: Request for a zone change from RM-H (Residential Multiple Family Dwelling -Highest Density) to GC"MD (General Commercial -Multiple Family Dwelling) District. Location: South of 2959 Neches, north of and adjacent to Hi-Lo Auto Parts property. Applicant: Hi-Lo Auto Supply Mr. Richardson told the Commission that the subject property contains .08 acres and is located in Block 87 of the Cartwright Addition. O'Reilly Auto Parts proposes to build a new 6,000 square foot store fronting on Washington Boulevard. The subject property is part of the overall development. 0 Planning Conunission June 19, 2000 It would-be used for parking, landscaping and an 8' tall screening fence. The rezoning of this property will make the entire development site all one zoning. Mr. Richardson recommended approval of the request. Nineteen notices were mailed to property owners within 200 feet of the subject property. One response in favor and none in opposition were returned. Slides of the subject property followed. Chairman Leister opened the public hearing and asked for the applicant's comments. David Strong with Oleilly Auto Parts, the applicant, addressed the Commission and answered questions regarding the proposed facility. Chairman Leister asked for comments in favor or in opposition. No comments 11 were made. The public hearing was closed. 16 Commissioner LaBiche made a motion to approve the zone change from RM-H to GC -MD District for the property south of 2959 Neches, as requested in File 1516,-Z. Commissioner Hallmark seconded the motion. Motion to approve carried 5:0. 7) Eile 1518-Z: Request for a zone change from RS (Residential Single Family Dwelling) to GC -MD (General Commercial -Multiple Family Dwelling) District or a more restricted commercial district, Location: 6550 Concord Road Applicant: Kenneth W. Carr Mr. Richardson stated that the applicants want to operate a pest control business and real estate inspection service on the subject property. The existing building would be torn down and a small office building would be built on the -site. The home inspection service is done out in the field. Most of the pest control business is done off -site. However, there would be some retail sale of pest control products at this location. The Comprehensive Plan designates this area as part of a Regional Center. Mr. Richardson recommended approval of the request. Nine notices were mailed to property owners within 200 feet. No responses in favor or in opposition were returned. IE Planning Commission June 19, 2000 Slides of the subject property were shown. Chairman Leister opened the public hearing and asked for the applicant's comments. Kenneth Carr, the applicant, addressed the Commission. Discussion followed regarding zone change to GC-MD-2 instead of GC -MD. If a zone change to GC-MD-2 was approved, a specific use permit would be required. In response to Commissioner Hallmark Mr. Richardson said that the Commission could waive the specific use permit fee. 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 a zone change from RS to GC- MD-2 District for the property at 6550 Concord Road as requested in File 1518-Z. He added that the specific use permit fee shall be waived when application is made, Commissioner Bodwin seconded the motion. Motion to approve carried 5:0. Councilman Goodson stated that staff might consider conducting a rezoning study on the Concord Road area. 8) File 1519-P: Request for a specific use permit to allow a child care center in the RM-M (Residential Multiple Family Dwelling -Medium Density) District. Location: Existing structure at rear of 4590 Concord Road at Travis Drive Applicant: Joyce McKinney (Property is owned by Nutrition and Services for Seniors.) Mr. Richardson stated that the applicant wants to lease an office building from Nutrition and Services for Seniors. The proposed facility would provide day care up to 27 children. There would be four employees. The subject building was constructed after a zone change and amended specific use permit was granted in 1997. That specific use permit was granted conditioned upon no access from Travis. Mr. Richardson recommended approval of the request, The application is in conformance with the eight conditions necessary for approval. Seventeen 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. 11 Pianning Commission June 19, 2000 Chairman• Leister opened the public hearing and asked for the applicant's comments. Joyce McKinney, 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 child care center in an RM-M District at 4590 Concord Road as requested in File 1519-P, subject to no access from Travis Drive. Commissioner Hallmark seconded the motion. Motion to approve carried 5:0. THE.1,1--I BE-LVG NO FURTHER BUSINESS, THE MEETING ADJOURNED AT 5:50 12