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HomeMy WebLinkAbout9-20-99 PC MinutesJOINT PUBLIC HEARINGS PLANNING COMMISSION AND CITY COUNCIL September 20, 1999 - 3:4 5 P.M. City Council Chambers Joint Public Hearings of the Planning Commission and the City Council were held on September 20, 1999, with the following members present: Commission members present: Commission members absent: Chairman Laurie Leister Vice Chairman Greg Dykernan Commissioner Sally Bundy Commissioner Dale Hallmark Commissioner Dohn LaBiche Commissioner Carlos Hernandez Commissioner Bill Lucas Commissioner Glenn Bodwin Commissioner Albert Robinson Also present: Stephen Richardson, Planning Manager; Murray Duren, Senior Planner; Tyrone Cooper, First Assistant City Attorney; Adina Abshirc, Planning Technician and Nancy Nicholas, Recording Secretary . APPROVAL OF THE MINUTES Commissioner LaBiche made a motion to approve the minutes of the Planning Commission meeting held on September 8, 1999. Commissioner Bundy seconded the motion. The motion was approved 6:0. JOINT PUBLIC HEARINGS Mayor Pro -Tern John Davis called the Joint Public Hearing of September 20, 1999 to order. He turned the meeting over to Chairman Leister. Chairman Leister explained the purpose of the joint hearing process and also the policies and procedures for the hearing process, 1) Ffle 1464-Z: Request for a zone change from RS (Residential Single Family Dwelling) to LI (Light Industrial) Location: Southeast of Fatinett Road (SH 124) and Brooks Road Applicant: Norris E, Washington MT. Steve Richardson, Planning Manager, presented the staff report, JOINT PUBLIC HEARING MEETING MINUTES SEPTEMBER 20,1999 Mr. Richardson stated the request is for a zone change from RS, to Ll for a 7.8 acre tract of land on Fannett Road, north of Brooks Road, unimproved right-of-way. The applicant Norris E. Washington, General Manager of Zamco Transportation Company, wants to establish the motor carrier at the site, All of the surrounding property is vacant land or used for agricultural purposes. Brooks Road south of the highway, is not improved, and is not open to traffic. None of the Ll zoned land across Fannett Road and the railroad tracks is developed. The proposed land use may be determined to constitute "spot" zoning because of the existing land uses in the immediate vicinity. The Planning Manager recommended denial of the request. Four notices were mailed to property owners within 200 feet, The staff received no responses in favor or in opposition. Slides were presented of the subject property, Chairman Leister asked if there were any questions for Mr, Richardson. Commissioner LaBiche asked if the proposed property use was allowed by a specific use permit. Mr. Richardson replied that it was not allowed at all in an RS district, thus the need for a rezoning. Councilman Cokinos asked for the number of notices mailed, Mr. Richardson repeated that four notices were mailed and none in favor or opposition had been received, Councilmember Bobbie Patterson arrived (3:55). Chairman Leister asked the applicant to address the Commission. Mr, Norris Washington presented sketches of the proposed truck carrier site. He stated that the business would be opened approximately twenty-four hours a day. Mr. Washington also stated that he would locate a warehouse on site to act as a barrier between the business and the residents. Councilman Patterson asked what type and if dip, carrier site would handle hazardous material. Mr. Washington replied that occasionally the company would handle hazardous material. Councilman Goodson asked if hazardous material would be stored at the facility, Mr. Washington said if asked to do so, he would obtain a remote property. Commissioner LaBiche asked Mr. Washington if he had considered other locations. He replied that the property in question would meet all of the needs of the proposed business. Commissioner Bundy asked if the purchase were contingent on the zone change, Mr. Washington replied that it was., Chairman Leister opened the public bearing Mr. Mark Thcobald, 2285 Sunflower, addressed the Commission in favor of the carrier site. Mr. Carl Perricone, 5310 Quad Lane, addressed the Commission against the carrier site. Mr. JOINT PUBLIC HEARING MEETING MINUTES SEPTEMBER 20,1999 Perricone expressed concern regarding increased truck traffic along Walden Road. With no further comments, Chairman Leister closed the public hearing. Chairman Leister asked for rebuttal. Mr. Washington replied that his trucks would use Brooks, Cardinal and Fannett. Commissioner LaBiche stated that it was advantageous to approve the motion because of little or no development in the area. With no further discussion, Chairman Leister asked for a motion. Commissioner Hallmark made a motion to approve the zone, change from RS to Ll as requested for File 41464-Z. Vice -Chairman Dykeman seconded the motion. The motion was approved 6:0 2) File 1465-Z: Request for a zone change from A-R. (Agricultural -Residential) and RM-H (Residential Multiple Family Dwelling - High Density) to GC -MD (General Commercial - Multiple Family Dwelling) or a more restrictive corarnercial district, Location: Northwest comer Dowlen Road and proposed Delaware Street Extension Applicant: Sam C, Parigi, Jr. Mr. Steve Richardson presented the staff report. The item requested was a zone change for a 40 acre tract located at the northwest corner of Dowlen and the Delaware Extension. Sam Parigi, the applicant, represents an investment group that contracted to buy the property. The development group will offer cornmercial sites on this property. The Comprehensive Plan designated the intersection as a district center which includes neighborhood shopping centers, professional offices, and recreational facilities among other things. This area will be four to ten acres in size. The plan also discourages strip development along major thoroughfares. The Planning Manager recommended a 500'x 500'tract being rezoned. Twenty-eight notices were mailed to, property ownerswith none in favor and one in opposition to the request being received by staff. Slides were presented of the subject property. Mr. Richardson stated that Mr. Parigi was in the audience. Chairman Leister asked if there were any questions for Mr. Richardson. Councilman Goodson asked Mr. Richardson about existing drainage district facilities and proposed facilities. Mr. Richardson replied that he had been informed of the upcoming proposed facilities. Mr. Milt Prewitt, representing the applicant, addressed the Commission, Mr, Prewitt stated that after consulting with the Planning Department, the applicant applied for a GC -MD zone change, from RM-H and A-R on the entire forty acres. The Planning Department recommended JOINT PUBLIC HEARING MEETING MINUTES SEPTEMBER 20,1999 that a 500'x 500' (approximately 250,000 square feet) section be zoned to GC -MD. Mr, Prewitt distributed maps to the Commission showing the proposed drainage casement to drain the subject property as well as the future development of Barrington Heights. Mr. Prewitt asked that consideration be given in light of the staff s recommendation, that GC - MD be given on a portion of the tract and GC-MD-2 be given on a portion of the tract. GC- MD-2will abut to what is currently Barrington Heights Subdivision. In addition, two options are necessary for commercial zoning and residential zoning to be compatible. Mr. Prewitt stated they are proposing the GC-MD-2 portion and stretching down the length of the GC - MD portion, an eight foot fence, with a twenty-five foot green space that will be implemented through deed restrictions upon development of this property, This will give 1385of depth from Dowlen Road west along the Delaware Extension to be considered GC -MD. Additionally, 1090'along Dowlen Road north be considered GC -MD. The remainder of the forty acre tract, which is 770", north along Dowlen Road to the Barrington Heights Subdivision and 800'deep be considered for GC-MD-2 zoning. With this proposal, this option will allow a 120'ditch, an eight foot fence and a twenty-five foot green area for the GC -MD portion from the residential portion. This option will also provide an eight foot fence, and a twenty-five foot green area separating the GC-MD-2 from the Barrington Heights Subdivision, Phase I and If, as it exists today. Discussion followed concerning the draining elements of the subject property. Councihnember Goodson questioned the reasoning for separating the property with different zones, Mr. Prewitt addressed the reasoning for the different zones. He stated that originally, the request was for all the subject property to be zoned GC -MD. However, after receiving the Planning Staff recommendation for the section break, Clio decision by the applicant was to ask for GC-MD-2 where the property abutted the neighborhood area and leave the remainder of the property zoned GC -MD. Mr. Prewitt stated that it will be more feasible to acquire the needed zoning now for future development. It was also noted that all gas pipelines have been abandoned, Mr. Sam Parigi, 445 N. 14th Street, owner and applicant, addressed the Commission. He assured the Commission the businesses that will occupy the facilities will be very nice. Discussion followed regarding the differences between GC -MD and GC-MD-2 and the advantages of both, Chairman Leister opened the public hearing and asked for comments in favor or in opposition to the request. Ms. Lois Ann Stanton, 1655 Oxford Court, addressed the Commission in opposition to the zone change, Ms. Janis Weaver, Wellington Place, addressed the Commission in opposition to the zone change. JOINT PUBLIC HEARING MEETING MINUTES SEPTEMBER 20,1999 With no further comments, Chairman Leister closed the public hearing. Discussion among Commission members and Mr. Parigi followed concerning the appearance of future development on the subject property. Chairman Leister asked for a motion on File #1465-Z. Commissioner Bundy made a motion to approve GC-MD-2 zoning for the northern 15.715 1 acres with a I 00' wide buffer along the rear line of property stopping at the proposed drainage casement and the remaining 24.824 acres be zoned GC -MD, Commissioner Hallmark Seconded the motion. Discussion followed between the Commission members. Commissioner LaBiche called for a vote with the motion passing 6:0. 3) File 1466-P: Request for a specific use permit to allow a funeral home in the RCR district. Location: 1685 Park Street at Craig Applicant: Yvonne F. Como Mr. Steve Richardson presented the staff report. The item presented was a request for a specific use permit to allow a funeral home at 1685 Park Street. This property is the site of the old Carroll -Wallace Funeral Home, That facility relocated in 1996. In 1997, a church received a specific use permit to operate at this address. That church has since moved. Ms. Yvonne Como, the applicant, anticipates three funerals per week with fifty people in attendance. The applicant is asking for a waiver of the landscaping/screening requirements. That application is in compliance with the eight conditions necessary for approval of the permit subject to the waiver of the landscaping/screening requirements. The Planning Manager recommended approval of the specific use permit with a waiver of any additional landscaping/screening. Twenty-two notices were mailed to property oNviiers and none in favor or in opposition were received by staff, Slides of the subject property were presented, Councilmember Goodson wanted to know why a specific use permit was required. Mr. Richardson replied that the reason was a change of use in an RCR zone. Chairman Leister asked the applicant to address the Comrnisson, Mr. Herman Rogers, 3006 Bolivar Street, representing the applicant, addressed the Commission. Mr, Rogers presented brochures of the facility to the Commission. In addition, Mr. Rogers stated that the approval of this request will enhance the neighborhood, provide needed services and help to avoid blight by occupancy of the building. JOINT PUBLIC HEARING MEETING MINUTES SEPTEMBER 20,1999 Chairman Leister opened the public hearing and asked if anyone would like to speak either in favor or in opposition of the request, Ms. Linmarie Garsee, 1725 Park, spoke in opposition of the request. Her opposition included inadequate parking facilities with no privacy fence and the physical condition of the building. Mr. Charles Ryan, 495 Craig Street, spoke in opposition of the request. His opposition included the problem of litter, noise in the neighborhood and inadequate parking facilities. Ms. Shirley Richards, 980 S. 4th Street, spoke in favor of the request. Ms. Richards stated that additional parking would be provided by Christ Mission Temple Church (across street), if needed, Mr. Rodney Landry, 3570 Charleston, former owner of the Carroll -Wallace Funeral Home, spoke in favor of the request. He stated that approval of this request would maintain occupancy of one of the oldest buildings in Beaumont, Mr. Nick Lowe, co-owner of the facility, spoke in favor of the request. Mr. Lowe stated that any embalming chemicals used in the facility are regulated by OSHA, In addition, he added that attendees will help with traffic control and will address any concerns from those in opposition. Chairman Leister asked if there was any rebuttal. Mr, Herman Roberts stated that this facility has the support of several residents. He also stated that there is adequate access to the facility and adequate screening is adjacent to the Garsee property, Chairman Leister closed the public hearing. With no further discussion, Chairman Leister asked for a motion. Commissioner Bundy made a motion to approve a specific use permit to allow a funeral home in the RCR district contingent upon the construction of a parking lot prior to the operation of the facility. Commissioner LaBiche seconded the motion and the motion carried 6:0. 4) File 1467-Z: Request for a zone change from RS (Residential Single Family Dwelling) to GC - MD (General Commrcial - Multiple Family Dwelling) or a more restrictive commercial district, Location: Along the southwest right-of-way of Concord Road Applicant: Eastex Four, Ltd. Mr. Steve Richardson presented the staff report. Eastex Four, Ltd., a Texas Limited Partnership, purchased an 8.79 acre tract of land which fronts several hundred feet along the northeast side of the Eastex Freeway and the north side of State Highway 105. The tract extends to Concord Road. The primary tenants of a proposed retail shopping center indicated a need for additional property. Four other adjacent tracts were acquired and put under contract, bringing the total size of the planned center to approximately twenty acres. Of the total area, 7.7 acres lies along Concord Road which is zoned RS. The Planning Manager recommended approval of the request, JOINT PUBLIC HEARING MEETING MINUTES SEPTEMBER 20,1999 Thirty-five notices were mailed to property owners and none in favor or in opposition were received by the staff. Slides were presented of the subject property. Mr. Richardson stated that Mr. Parigi was in the audience to answer questions. Mr. Sam Parigi, the applicant, addressed the commission. He. stated that with the future development of Concord Road, he along with three other developers, want to facilitate and finalize plans for a new shopping center. This development will help provide commercial growth beyond the Parkdale Mail area. Chairman Leister opened the public hearing. With no one speaking for or against the request, Chairman Leister closed the public hearing and asked for a motion. Commissioner LaBiche made a motion to approve a zone change from RS to GC -MD or a more restrictive district as requested. Commissioner Hernandez seconded the motion. The motion to approve File #1467-Z was approved 6.0, 5) File # 1468-Z: Request to rezone the propety from RM-H (Residential Multiple Family - Hi, hest Density) to C-M (Commercial -Manufacturing) or a more restrictive commercial district. Location: 5350 Walden Road Applicant: Mary M. Miller Mr, Steve Richardson presented the staff report, Mary Miller, the property owner, is asking for rezoning of her property for future commercial development. This property is located next to a restaurant and across the street from the Petro Truck Stop and is within the activity corridor of 11-1-10. The Comprehensive Plan designates this area as an "industrial area", The Planning Manager recommended approval of the request, Fourteen notices were mailed to property owners with two in favor and none in opposition to the request, Slides were shown of the subject property. Mr. Richardson stated that Mrs. Miller was in the audience to answer questions, Chairman Leister asked Mrs. Miller to address the ConuAssion. Mrs. Miller stated that she Nvanted to rezone her property for future commercial development. Chairman Leister opened the public hearing. Mr. Carl Perricone, 5310 Quad Lane at Walden Road, spoke in favor or the request. JOINT PUBLIC HEARING MEETING MINUTES SEPTEMBER 20,1999 With no further discussion, Chairman Leister closed the public hearing and asked for a motion, Commissioner Hallmark made a motion to approve the zone change from RM-H to C-M as requested. Commissioner Bundy seconded the motion. The motion to approve File # 1468-Z was approved 6:0. 6) File #1469-P: Request for a specific use permit to allow a business park on property zoned RM-H (Residential Multiple Family Dwelling - Highest Density) and GC-MD-2 (General Commercial - Multiple Family Dwelling-2). Location: Shakespeare Drive at Phelan Boulevard Applicant: Sam Parigi, Jr. Mr. Steve Richardson presented the staff report Mr. Parigi requested a specific use permit to allow three one-story business offices on property located at the northeast comer of Dowlen Road and Phelan Boulevard, The applicant proposes to build a 4,800 square foot office at the corner on Tracts 85 and 178. A 11,500 square foot building on Tract 86-A is proposed and will front on Phelan. A 5,000 square foot building at the rear of Tract 86-A is proposed, with frontage on Prutzman Road. The application is in conforinance with the eight conditions necessary for approval of the permit and therefore, the Planning Manager recommended approval of the request. Fifty two notices were mailed to property owners within 200 feet, Twenty-eight responses, were received in favor and none in opposition, Slides were presented of the subject property. Mr. Richardson stated that Mr. Parigi was in the audience to answer questions. Chairman Leister asked Mr. Parigi to address the Commission. He stated that the developers want to build three one story office buildings which will be very upscale and will blend with the neighborhood, Chairman Leister opened the public hearing and asked for anyone who wished to speak in favor or in opposition to the request to come forward. Ms. Peggy Adam, 150 Shakespeare, addressed the Commission in opposition to the request. She presented a poster that listed all of the vacant available office space owned by Mr. Parigi and questioned why additional office space was needed. Chairman Leister closed the public hearing and asked for rebuttal from Mr. Parigi. Mr. Parigi replied that the new office park will be occupied as soon as it is built and is not a speculative use. Chairman Leister then asked for a motion. Commissioner LaBiche made a motion to approve a specific use permit to allow a business park on property zoned RM-H and GC-MD-2. Commissioner Hernandez seconded the motion. The motion to approve File # 1 469-P was approved 6:0. JOINT PUBLIC HEARING MEETING MINUTES SEPTEMBER 20,1999 7) Filq# 1470-Z: Request to rezone the property from RS (Residential Single Family Dwelling) to GC -MD (General Commercial -Multiple Family Dwelling) or a more restrictive commercial district. Location: Northwest corner of Major Drive and Walden Road Applicant: Sam Parigi, Jr. (Vice -Chairman Dykeman left.) Mr. Steve Richardson presented the staff report. The applicant,"ishes to rezone five platted lots in the South Amelia Addition to GC-MD.This area was annexed into the City in 1957 and zoned residential in 1964, Walden Road is a major arterial street from State Highway 124 west to Boyt. Road according to the Major Street and Highway Plan element of the Comprehensive Plan, The Comprehensive Plan designates this area as a neighborhood growth unit. The intersection of Walden Road and Major Drive is designated as an activity center. The Planning Manager recorm-nended approval of the zone change. Eight notices were mailed to property owners. Five responses were received in favor and none in opposition, Mr. Richardson presented slides of the subject property and stated that Mr. Parigi was in the audience to answer questions. Councilmember Goodson asked if all the lots were vacant., Mr. Parigi replied that they were. Chairman Leister opened the public he -,wing. There being no one to address the Commission, the public hearing was closed. With no discussion, Chairman Leister asked for a motion. Commissioner Bundy made a motion to approve a zone change from RS to GC -MD or a more restrictive district. Commissioner Hallmark seconded the motion. The motion to approve File 4 1470-Z was approved 5:0 (Vice -Chairman Dykeman returned.) 8) File #1471-ZIP: Request to rezone the property from RS (Residential Single Family Dwelling) to RM-H (Residential Multiple Family Dwelling - Highest Density) and GC-MD-2 (General Commercial - Multiple Family Dwelling-2) with a specific use permit for a credit union. Location: 2000 Block of Dowlen Road Applicant: Carroll & Blackman, Tnc. for WTL Development, Inc. Commissioner Bundy recused herself from the case because of conflict of interest, JOINT PUBLIC HEARING MEETING MINUTES SEPTEMBER 20D, 1999 11 ) Mr. Steve Richardson presented the staff report. The request asked for a zone change from RS to GC-MD-2 and RM-H and a specific use permit for a proposed credit union. Telco Federal Credit Union wishes to construct a 5,000 square foot building. The credit union would be accessed through a proposed 50'wide concrete street that would eventually extend into the rear 7.225 acres behind the credit union. The applicant is asking for RM-H zoning for that property. RM-H zoning would allow single family residential, duplexes, multi -family and professional offices with a specific use permit. The median cut approved for Dowlen Road was designed for the majority of the subject property to be developed as single family residential. It will handle the credit union and single family development, High density residential or additional office development would create stacking problems, The Planning Manager recommended approval of the request. One hundred forty-one notices were mailed to property owners. Ninety-eight were received in favor of and three in opposition. A slide presentation of the subject property was presented, Mr. Richardson stated that Mr. Bill Little of WTL Development, Inc. was in the audience to answer questions. Mr. Joe Pattie of Carroll & Blackman, representing the applicant, addressed the Commission, Mr. Pattie stated that they would like to withdraw that portion of land requested for change to RM-H and leave it as it is currently zoned. Mr. Pattie displayed a site plan of the area. Traffic issues were discussed. Mr. Pattie felt that with the completion of newly planned arterial extensions, traffic will become more manageable. A median cut was made in the area where the proposed street would be and was completed in August. It was designed by the Traffic Division in Beaumont. Acceleration and deceleration lanes were included. Chairman Leister opened the public hearing. Mr. J. Hill, 4705 Ashdown, addressed the Ccommission and spoke in favor of the request, Mr. Brent McCune, 6470 Wellington, addressed the Commission and spoke in opposition of the request.His.concems,included the commercial development of the area and heavy traffic and safety concerns. Mr. McCune also presented a petition with thirty-six signatures that opposed the zone change. 10 JOINT PUBLIC HEARING MEETING MINUTES SEPTEMBER 20,1999 Ms. Lois Ann Stanton, 1655 Oxford Court, addressed the Conunission and spoke in opposition of the request. Her concerns included the commercial development of the area . Mr. Jim Belfaze, 6435 Wellington, addressed the Commission and spoke in opposition of the request. His concerns included the traffic congestion and safety concerns. Mr. Will Strohmeyer, 6445 Wellington, addressed the Commission and spoke in opposition of the request, His concern included the congestion at Marshall Junior High School, Mr. Charles Perriloux, 6440 Windsor Parkway, addressed the Commission and spoke in opposition of the request. His concern included the traffic concerns on Dowlen Road and the surrounding area. Mr. Kenrieth Barton, 6498 Wellington, addressed the Commission and spoke in opposition of the request. His concern included the notification of property owners, Ms. Pam Billick, 6490 Wellington, addressed the Conunission and spoke in opposition of the request. Her concerns included notification as a property owner and information on the tax roll, Ms. Farah Goulas, 6460 Wellington, addressed the Commission and spoke in opposition of the, request. Her concerns included the process by which a property owner is notified and the traffic, congestion in the area. Mr. M.C. McCarrington, 1630 Manchester Court, addressed the Commission and spoke in opposition of the request. His concern included the number of persons in favor and the number of persons in opposition to the request. Ms. Sherce Strohmeyer, 6445 Wellington, addressed the Commission and spoke in opposition of the request. Her concern included the amount of traffic around the school. Chairman Leister closed the public hearing. Chairman Leister asked for rebuttal. Mr. Bill Little addressed the Commission. He stated that compromises were made in requesting the zoning as statcd. He also stated that Dowlen Road was designed for commercial development. Councilman Goodson stated that persons need to be aware of the traffic on Dowlen Road and this area would continue to develop. The development of this area is not dissimilar to Phelan Boulevard or from other major arterial streets in the city. These streets will,continue to develop and be a major connector to commercial and residential areas. Councilman Goodson also stated that these areas will continue to develop as commercial tracts. IF JOINT PUBLIC HEARING MEETING MINUTES SEPTEMBER 20,1999 Chairman Leister asked for a motion on File # 147 1 -Z/P. Vice-Chairt-nan Dykeman made a motion to approve the zone change from RS to RM-H and GC-MD-2 with a specific use permit. Commissioner LaBiche seconded the motion. The motion to approve File #1471-Z/P carried 4: 1:1 (Bundy). With no further business, the meeting was adjourned.