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HomeMy WebLinkAbout11-15-99 PC MinutesREGULAR MEETfNG AND JOINT PUBLIC HEARINGS PLANNING COMMISSION AND CITY COUNCIL November 151, 1999 City Council Chambers A Regular Meeting and Joint Public Hearings of the Planning Commission and City Council were held on November 15, 1999 with the following members present: Commission members present: Chairman Laurie Leister Vice -Chairman Greg Dykeman Commissioner Dale Hallmark Commissioner Dohn LaBiche Commissioner Bill Lucas Commissioner Carlos Hernandez Commissioner Glenn Bodwin Commission members absent: Commissioner Sally Bundy Commissioner Albert Robinson Councilmembers present: Mayor David W. Moore Councilmember-at-Large Andrew Cokinos Councilmember-at-Large Becky Ames Councilmember Lulu Smith Councilmember Guy Goodson Councilmember Bobbie Patterson Also present: Stephen Richardson, Planning Manager; Murray Duren, Senior Planner; Tyrone Cooper, First Assistant City Attorney; Adina Abshire, Planning Technician; and Jill Cole, Recording Secretary APPROVAL OF THE MINUTES Commissioner LaBiche made a motion to approve the minutes of the Regular Meeting and Joint Public Hearings held October 18, 1999. Commissioner Hallmark seconded the motion. Motion to approve carried 7:0. Planning Commission November 15, 1999 REGULAR MEETING 1) Revised Tre] im,inary Plat -West Oaks Subdivision, Section One: Consider the Revised Preliminary Plat of West Oaks Subdivision, Section One; 9.37 acres out of the A. Huston Survey, Ab-33. Applicant. Faust Engineering, Inc. for Marino Builders Mr. Richardson informed the Commission that the revised preliminary plat is for a 9.37 acre townhouse and single family residential development, In August, the Planning Commission originally approved 3.36 acres of townhouse development. The property is just east of West Brook High School. Thedeveloper now wants to include more townhouses in the initial development and also include some single family residences. He has also revised the 20.48 acre master plan and drainage plan. This plat was reviewed by all interested parties and staff received comments from a number of them. The Fire Marshal has concerns regarding the spacing of the proposed fire hydrants and the water line layout. The Transportation Manager made comments concerning the required off-street parking in the townhouse section. He states that no on -street parking will be allowed on the future (master plan) West Oaks Lane, This street is not part of the current plat. The City Engineer notes that the cul-de-sac at the end of West Oaks Drive must have a minimum 333 pavement radius for truck turnaround. He also comments tbatTxDoT must approve work within the Major Drive (FM 364) right-of-way, The Water Utilities Project Manager lists six (6) areas of concern relating to casements, sanitary sewers, water mains and the proposed sewer lift station. West Oaks Drive is a collector street. A sidewalk is an ordinance requirement for collectors and arterials. The consulting engineer has stated that they will comply with all requirements. Mr. Richardson recommended approval subject to it complying with all requirements as listed. He also recommended approval of the new master plan. Chairman Leister asked for the applicant's comments. Richard Faust of Faust Engineering and Surveying, Inc., the applicant, addressed the Commission. Commissioner LaBiche made a motion to approve the Revised Preliminary Plat of West Oaks Subdivision, Section One, subject to: the proper layout and spacing of fire hydrants and water lines; meeting the off-street parking requirements; providing a minimum 33.5'pavement radius for truck turnaround and approval of work within the Major Drive right-of-way by TxDoT; and, compliance with the six concerns of the Water Utilities Project Manager relating to water lines, sanitary sewers, easements and the sewer lift station. Commissioner Hernandez seconded the motion. Motion to approve carried 7:0. 7 Planning Commission November 15, 1999 JOINT PUBLIC HEARINGS Mayor Moore called the Joint Public Hearings of November 15, 1999 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. Chairman Leister explained that the applicant on File 1482-P, Delores Davis, has submitted a letter requesting that her case be withdrawn. Discussion followed between the Commission, Council and staff regarding procedure, (File 1482-P is #10 on the agenda.) Commissioner LaBiche made a motion to allow the applicant to withdraw the request of File 1482-P. Commissioner Lucas seconded the motion. The motion carried 7:0. 1) File 1472-Z: Request for a zone change from GC -MD (General Commercial - Multiple Family Dwelling) to LI (Light Industrial) District or a more restrictive commercial district. Location: 3190 South Eleventh Street Applicant: Ted and Betsy Hanchey Mr. Richardson told the Commission and Council that the 5,434 acre subject property is currently vacant but was occupied by heavy commercial and industrial uses in the past. Last October, City Council granted a specific use permit for Priority Wire and Cable immediately to the north of the subject property. The West Oakland/Pear Orchard Plan designates this property for commercial uses. As stated, the property is zoned GC -MD. The property owner has been unable to sell his property for GC -MD commercial uses. It is the City's desire to build new houses in the area south of Waverly and west of I I th Street. Thusly, it is important that we carefully consider any changes to surrounding properties. However, it is also a goal to encourage economic development in the area. Therefore, Mr. Richardson recommended that C-M zoning would be more appropriate than the LI District. C-M is designed for intensive commercial uses and those selected manufacturing uses which are compatible with commercial development. The permitted manufacturing uses are either free of objectionable influences in their operations and appearance or can eliminate or control objectionable characteristics by landscaping, screening and other abatement devices. Thirty-one notices were mailed to property owners within 200 feet of the subject property. One notice in favor and none in opposition were returned. M Planning Commission November 15, 1999 Slides of the subject property were shown. Chairman Leister opened the public hearing and asked for the applicant's comments. Craig Schexnaider, attorney for Mr. Hanchey, addressed the Commission. He said he had letters from nine property owners in the immediate area voicing support for the zone change. He gave the letters to Mr. Richardson, Chairman Leister asked for comments in favor or in opposition. Herman Quinton, I Winchester Cove, addressed the Commission in favor of the request, Mr. Quinton owns the property at 3475 S. I Ith Street, Chairman Leister closed the public hearing. Councilmernber Patterson said she talked to the neighbors in the area and they are not in favor of a zone change to Light Industrial. She said she is opposed a zone change to Light Industrial or Commercial -Manufacturing. She feels that it is not compatible with the Comprehensive Plan. Discussion followed between the Commission, Council and staff regarding the types of uses allowed in both C-M and LI Districts. Commissioner LaBiche made a motion to approve a zone change from GC -MD to C-M for the property at 3190 South Eleventh Street as requested in File 1472-Z. Vice -Chairman Dykernan seconded the motion. Motion to approve carried 7:0, 2) File 1478-Z: Request for a zone change from GC -MD (General Commercial - Multiple Family Dwelling) to LI (Light Industrial) District or a more restrictive district. Location: 9025-9041 College Street (U. S. Hwy, 90) Applicant: Jas. E. Stagg, Sr. Mr. Richardson told the Commission and Council that the subject property consists of 2-1/2 acres. The property owner has built a number of metal warehouse type buildings over the years and leased them out. He would like more flexibility in leasing to various tenants. The property immediately to the east is zoned LI and property to the west is occupied by a wholesale business. Property north across College is zoned Ll. Planning Commission November 15, 1999 Four notices were mailed to property owners within 200 feet of the subject property. One response in favor and none in opposition were returned to staff. Mr. Richardson recommended approval of the zone change request to Light Industrial. Slides of the subject property were shown. Chairman Leister opened the public hearing and asked for the applicant's comments. James Stagg, the applicant, addressed the Commission. Chairman Leister asked for comments in favor or in opposition. Deborah Stagg addressed the Commission in favor of the request, Chairman Leister closed the public hearing. Conunissioner Lucas made a motion to approve the zone change from GC -MD to LT for the property at 9025-9041 College Street as requested in File 1478-Z. Commissioner LaBiche seconded the motion. The motion to approve carried 6:1 (Hallmark). 3) File 1479-Z: Request for a zone change from RS (Residential Single Family Dwelling) and RM-H (Residential Multiple Family Dwelling -Highest Density) to GC -MD (General Commercial -Multiple Family Dwelling) and GC-MD-2 (General Commercial -Multiple Family Dwelling-2) District. Location: Northeast comer of Delaware and 3000 block of N. Dowlen Road Applicant: Brent W. Coon by Carroll and Blackman, Inc. Mr. Richardson told the Commission and Council that the subject property consists of 8.18 acres, The north 700'of the subject property is zoned RS. The lower 400'is zoned RM-H. The applicant is requesting the north 100'be rezoned to GC-MD-2 and the south 1000'be rezoned GC -MD. The Comprehensive Plan designates a "District Center" for the Dowlen/Delaware intersection, In October, the City Council rezoned a 40 acre tract at the northwest comer of Dowlen and Delaware to GC -MD and GC-MD-2. Mr. Richardson recommended approval of the zone change. Planning Commission November 15, 1999 Ten notices were mailed to property owners within 200 feet. One response in opposition and none in favor were returned. Slides of the subject area were shown. Discussion between staff and Council members regarding surrounding areas followed. Chairman Leister opened the public hearing and asked for the applicant's comments. Richard Guseman, an applicant, addressed the Commission. 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 zone change from RS and RM-H to GC -MD and GC-MD-2 as requested in File 1479-Z. Commissioner Lucas seconded the motion. Motion to approve carried 7:0, 4) File 1480-P: Request for a specific use permit to allow a mortuary in a GC -MD (General Commercial -Multiple Family Dwelling) District. Location: 3522 Washington Boulevard Applicant: Reverend Walter I Proctor and Lashon D. Proctor Mr. Richardson told the Commission and Council that the applicant is leasing an existing vacant brick building that was previously used as a veterinary clinic. The applicant presently operates a mortuary in Silsbee. An addition to the east side of the building is proposed. The application is in compliance with the eight conditions necessary for approval. Mr. Richardson recommended approval of the request. Twelve 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. Lashon Proctor, the applicant,, addressed the Commission and Council. Mr. Proctor answered questions from the Commission. 91 Planning Commission November 15, 1999 Chairman Leister asked for comments in favor or in opposition. No comments were made. The public hearing was closed. Vice -Chairman Dykeman made a motion to approve the specific use permit to allow a mortuary in a GC -MD District at 3522 Washington Boulevard as requested in File 1480-P. Commissioner Hernandez seconded the motion. Motion to approve carried 7:0. 5) File 1481-Z/P: Request for a zone change from RS (Residential Single Family Dwelling) to C-M (Commercial -Manufacturing) or a zone change from RS (Residential Single Family Dwelling) to GC -MD (General Commercial -Multiple Family Dwelling) District and a specific use permit for an electrical contractor. Location: 1550 Langharn Road Applicant: J. Daniel Bums, dba Electrical Specialties, Inc. Mr. Richardson told the Commission and Council that the applicant owns an electrical contractor business that is in need of expansion. He wants to build a 12,250 square foot building on the 2.38 acre subject tract. While the property is zoned RS, there are no residential uses in the area between College and Washington Boulevard, nor will there likely be any in the future. The developed properties are typically commercial or commercial/manufacturing in nature. The new City Parks and Recreation building is under construction to the north of the subject property. Mr. Richardson recommended approval of the zone change to C-M. Sixteen 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 property were shown. Chairman Leister opened the public hearing and asked for the applicant's comments. J. D. Bums, 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 Bodwin made a motion to approve the zone change from RS to C-M for the property at 1550 Langham Road as requested in File 1481-Z/1', Commissioner LaBiche seconded the motion. Motion to approve carried 7:0. Planning Connnission November 15, 1999 6) File 1483-P: Request for a specific use permit to allow a wholesale trade non- durable goods business in a GC -MD (General Commercial -Multiple Family Dwelling) District. Location: 633-B Willow (Tract fronts on McFaddin and North Street) Applicant: Henry Strait Mr. Richardson informed the Commission that the applicant owns a treated water business that is in need of expansion. He wants to relocate his business to the vacant building at 850 McFaddin. He sells treated water to individuals and area businesses and installs home water systems. The business employs 18 full time employees and hours of operation are 8 am. to 5 p.m., Monday through Friday. This application complies with the eight conditions necessary for approval. Mr. Richardson recommended approval of the request. Twenty-three notices were mailed to property owners within 200 feet of the subject property. Three responses in favor and none in opposition were returned. Seven letters of support were received from surrounding neighbors that are inside and outside the 200 foot radius. Slides of the subject property were shown. Chairman Leister opened the public hearing and asked for the applicant's comments. Henry Strait, the applicant, addressed the Commission and answered questions. Chairman Leister asked for comments in favor or in opposition. Karen Rush, Manager of Treasure House, which is located next to the subject property addressed the Commission in favor of the request. Chairman Leister closed the public bearing. Commissioner Hallmark made a motion to approve the specific use permit for a treated water business at 850 McFaddin as requested in File 1483-P. Commissioner LaBiche seconded the motion. Motion to approve carried 7:0. 7) File 1484-P: Request for a specific use permit to allow a residential care facility in an RCR (Residential Conservation and Revitalization) District. Location: 2574 McFaddin Avenue Applicant: Rosalind Hall, L.M.S.W. M Planning Commission November 15, 1999 Mr. Richardson told the Commission and Council that the applicant wants to open a residential care facility in a vacant house. They would care for up to eight elderly clients. There will be on -site supervision and management. The Transportation Manager is requiring six parking spaces. Screening and landscaping would also be needed along the north, east and west sides of the property. Mr. Richardson recommended approval of the request subject to the applicant meeting the parking and screen ing/landscaping requirements. Nineteen notices were mailed to property owners within 200 feet, Four responses 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. Rosalind Hall, the applicant, addressed the Commission. Mrs. Hall answered questions from the Commission. Chairman Leister asked for comments in favor or in opposition. Dr. Bobby Smith, D.D.S. addressed the Commission in opposition to the request. Dr. Smith owns a dental office at 2597 McFaddin, across the street from the subject property. He voiced concerns about lack of parking on the subject property. Judy Boutte, 2598 North, addressed the Commission in opposition to the request. Ms. Boutte voiced concerns about parking and noise problems. (Commissioner Lucas left the meeting.) David Bradley, 615 N. Fifth Street, addressed the Commission in opposition to the request. Mr. Bradley asked if the 20% Rule was in effect on this case and if it was figured by land area or property ownership. Mr. Richardson replied that staff would check for the 20% and that it is figured by land area. June Tadlock, 2597 North, addressed the Commission in opposition. Rebuttal by Mrs. Hall, Mrs. Hall said that there would be adequate parking. There will only be two staff members and herself. The size of the bedrooms meet state requirements. Mrs. Hall said that noise would not be an issue. E Plaiming Commission Novernber 15, 1999 Commissioner Hallmark asked questions regarding handicapped regulations. Commissioner Hallmark made a motion to deny the specific use permit to allow a residential care facility in an RCR District at 2574 McFaddin Avenue, The motion to deny failed for lack of a second. Vice -Chairman Dykeman made a motion to approve a specific use permit to allow a residential care facility in an RCR District at 2574 McFaddin as requested in File 1484-P. Commissioner Bodwin seconded the motion. Motion to approve carried 5:1 (Hallmark). File 1485-Z: Request for a zone change from GC -MD (General Commercial - Multiple Family Dwelling) to RS (Residential Single Family Dwelling) District. Location: 4200 block of South Major Drive Applicant: Brent W. Coon by Carroll and Blackman, Inc. This item is a request for a zone change from GC -MD to RS for a 5.54 acre tract of land in the 4200 block of S. Major Drive. The applicant is requesting this zone change in order to develop a 17-18 lot single family subdivision, Mr. Richardson recommended approval of the request. Six 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 area were shown. Chairman Leister opened the public hearing and asked for the applicant's comments. Joe Pattie of Carroll and Blackman, Inc., the applicant, addressed the Commission. Chairman Leister closed the public hearing, Commissioner LaBiche made a motion to approve the zone change from GC -MD to RS for the property in the 4200 block of South Major Drive as requested in File 1485-Z. Commissioner Hernandez seconded the motion. Motion to approve carried 6:0. KC Planning Commission November 15, 1999 9) File 40-HC: Request for an HC-L (Historical Cultural -Landmark Preservation) Designation. Location: 1695 Milani Applicant: City of Beaumont Historic Landmark Commission Mr. Richardson told the Commission and Council that in October, the Historic Landmark Commission asked him to initiate the process for a historic designation on this property. On the property sits the main house, a carriage house and a second out -building. The house was evaluated using the City of Beaumont's criteria for an historical - cultural designation and it was found the house met seven of the ten criteria. The most outstanding feature is that the house represents an outstanding example of a Queen Anne house and is the largest such house in Beaumont. A historic designation would mean any work, except ordinary repair, that is done to the exterior to the structures would require approval of the Historic Landmark Commission. Neither could the house be moved or demolished without their approval. This item went before the Historic Landmark Commission on November 8, and was unanimously recommended for approval. Mr. Richardson recommended approval of the request. Fifteen notices were mailed to property owners within 200 feet. No responses in favor or in opposition were returned. Slides of the property were shown. Chairman Leister opened the public hearing and asked for the applicant's comments, comments in favor or in opposition. No comments were made. The public hearing was closed. Commissioner Hallmark made a motion to approve the request for an HC-L Designation on the house at 1695 Milani. Commissioner LaBiche seconded the motion. Motion to approve carried 6:0. 10) File 1482-P: Request for a specific use permit to allow a residential care facility in an existing structure in an RM-H (Residential Multiple Family Dwelling -Highest Density) District. Location: 1695 Milani Applicant: Delores Davis This item was withdrawn I 1/ 15/99, prior to the Joint Public Hearing, 11 Planning Commission November 15, 1999 OTHER BUSINESS Vice -Chairman Dykeman asked that the Commission hold a workshop in the near future to discuss removal of items from the agenda. THERE BEING NO FURTHER BUSINESS, THE, MEETING ADJOURNED AT 6:05 P. M. IVA