Loading...
HomeMy WebLinkAbout7-19-99 PC Minutesl REGULAR MEETING AND JOINT PUBLIC HEARINGS PLANNING COMMISSION AND CITY COUNCIL July 19, 1999 City Council Chambers A Regular Meeting and Joint Public Hearings of the Planning Commission and City Council were held on July 19,1999 with the following members present: Commission members present: Commissioner Dale Hallmark Commissioner Dohn LaBiche Commissioner Bill Lucas Commissioner Glenn Bodwin Commissioner Carlos Hernandez Commission members absent: Chairman Laurie Leister Vice -Chairman Greg Dykeman Commissioner Sally Bundy Commissioner Albert Robinson Councilmembers present: Mayor David W. Moore Mayor Pro-Tem John Davis Councilmember-at-Large Andrew Cokinos Councilmember-at-Large Becky Ames Councilmember Lulu Smith Councilmember Guy Goodson Councilmembers absent: Councilmember Bobbie Patterson Also.present: Stephen Richardson, Planning Director; Murray Duren, Senior Planner; Tyrone Cooper, First Assistant City Attorney; Adina Abshire, Planning Technician; and Jill Cole, Recording Secretary Commissioner Lucas made a motion to approve the minutes of the June 21, 1999, Regular Meeting and Joint Public Hearings. Commissioner LaBiche seconded the motion. Motion to approve carried 5:0. Planning Commission July 19, 1999 ' J t U_t_ 1► #_' � � ' � '.� 1) lRplat - Perl_Acre s: Consider a replat of the west % of Lot 24, Block 2, Perl Acres Addition into Lots 24A, 24B and 24C. Location: 7730, 7740 and 7750 Spurlock Road Applicant: Fittz & Shipman, Inc., for the owners Mr. Richardson told the Commission that the resulting Lots 24A, 24B and 24C will contain a total of 4.8 acres. Lots 24A and 24B are vacant. Lot 24C is occupied by a residence. This plat was distributed to interested parties and no objections have been received. The plat is in conformance with the zoning and subdivision ordinances. Mr. Richardson recommended approval of the plat. Because this property is zoned RS and the number of lots is increasing, the City was required to notify all property owners in the subdivision within 200 feet of the subject property. No .responses in favor or in opposition were returned. Commissioner Hallmark opened the public hearing and asked for the applicant's continents. John Holm with Fittz & Shipman, Inc., the applicant, addressed the Commission. Commissioner Hallmark asked for comments in favor or in opposition. No comments were made. The public hearing was closed. Conunissioner LaBiche made a motion to approve the replat of the west''/z of Lot 24, Block 2, Per] Acres Addition into Lots 24A, 24B and 24C. Commissioner Bodwin seconded the motion. Motion to approve carried 5:0. JOINT PUBLIC HEARINGS Mayor Moore called the Joint Public Hearings of July 19, 1999 to order and explained the purpose of the joint hearing process and then turned the meeting over to Commissioner Hallmark. He explained the policies and procedures for the hearing process. 1) File 1456-P: Request for a specific use permit to allow a church in an RS (Residential Single Family Dwelling) District. Location: 3395 Kenneth at Threadneedle Applicant: Fuente De Vida de las Asambleas De Dios 2 Planning Commission July 19, 1999 W. Richardson told the Commission that Fuenta De Vida de las Asambleas de Dios is a 30 member congregation requesting this specific use permit. The subject property is occupied by a vacant 1,470 square foot office building. Church services will be held on Wednesdays and Sundays. There is adequate parking existing on the property. Mr. Richardson recommended approval of the request. Twenty-three notices were mailed to property owners within 200 feet of the subject property. No responses in opposition or in favor were returned. Slides of the subject property were shown. Commissioner Hallmark opened the public hearing and asked for the applicant's comments. - Juan Ramon Araujo, Pastor of the church, addressed the Commission. Commissioner Hallmark 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 specific use permit to allow a church at 3395 Kenneth as requested in File 1456-P. Commissioner Hernandez seconded the motion. Motion to approve carried 5:0. (Mr. Richardson introduced Mr. Stephen Bonczek, City Manager, to the Planning Commission.) 2) File 14572: Request for a zone change from RS (Residential Single Family Dwelling) to NC (Neighborhood Commercial) District. Location: 2790 W. Lucas Drive Applicant: Sheree' LeBlanc -Gutierrez Mr. Richardson told the Commission and Council that the applicant wants to move the operation of her health food store from the Colonnade Shopping Center to a built-in garage at her home at 2790 West Lucas. The applicant states that she would do! mail orders and make deliveries from her garage. All of the surrounding property is zoned RS and is used for single family residential uses. 3 Planning Commission July 19, 1999 This request would result in spot zoning whereby you would have a small commercially zoned area completely surrounded by single family zoning. In addition, it is not in conformance with the Comprehensive Plan. Mr. Richardson recommended denial of the request for a zone change because it constitutes spot zoning and is not in conformance with the Comprehensive Plan. Twenty-six notices were mailed to property owners within 200 feet of the subject property. Ten responses in opposition and none in favor were returned to staff. Slides of the subject property were shown. Commissioner Hallmark opened the public hearing and asked for the applicant's comments. Sheree' LeBlanc -Gutierrez, the applicant, addressed the Commission. In response to questions from the Commission, Mrs. LeBlanc -Gutierrez said that she has no plans for signage yet. She said that UPS will pick up orders from the business, but she has ample parking for customers if they want to pick up products instead of having them delivered: Commissioner Hallmark asked for comments in favor or in opposition. Sally Hoover, 17 Sandelwood, addressed the Commission in opposition to the request. Maxine McKelvy, 24 Sandelwood, addressed the Commission in opposition to the request. Dan Parrish, 3050 W. Lucas, addressed the Commission in opposition to the request. Jim Graves, 2890 W. Lucas, addressed the Commission in opposition to the request. Sarah Stafford, 2895 W. Lucas, addressed the Commission in opposition to the request. Mike Cacioppo, 710 Monterrey, addressed the Commission in opposition to the request. Mr. Cacioppo owns Lot 27 of Sandelwood Trail Addition. Rebuttal by Mrs. LeBlanc -Gutierrez followed. Commissioner Hallmark closed the public hearing. Planning Commission 7Wy 19, 1999 Commissioner LaBiche made a motion to deny the zone change from RS to NC for the property at 2790 W. Lucas as requested in File .1457-Z. Commissioner Bodwin seconded the motion. The motion to deny carved 4:1 (Commissioner Hernandez). 3) File 1458-Z& Request for a zone change from RS (Residential Single Family Dwelling) to NC (Neighborhood Commercial) District or a more restrictive district and a specific use permit to allow a day care center. Location: 4050 Agnes Street Applicant: Mary Elizabeth Grant Mr. Richardson told the Commission and Council that the applicant wants to open a day care center in a vacant 1,200 square foot frame house at 4050 Agnes. She proposes to care for up to 40 children. The property is located on an 18' wide street with open ditches. The property is completely surrounded by RS zoning and single family uses. The applicant will need a zone change to NC to allow a day care as a permitted use or a zone change to RM-M, RM-H or RCR and a specific use permit. A zone change would constitute spot zoning whereby you would have a commercially, multi -family or RCR zoning surrounded by single family zoning, Mr. Richardson said. If it is the desire of the Planning Commission and City Council to approve this request, an approved parking layout must be shown on the site plan and constructed and an 8' screening fence and 10' landscape strip must be shown on the site plan and constructed. Mr. Richardson recommended denial of the request because it constitutes spot zoning, is not in conformance with the Comprehensive Plan and because of the traffic concerns on such a narrow street with open ditches. Twenty-five notices were mailed to property owners within 200 feet. Two responses in favor and one in opposition were returned. Slides of -the subject area were shown. Commissioner Hallmark opened the public hearing and asked for the applicant's comments. Mary Elizabeth Grant, the applicant, addressed the Commission. Mrs. Grant answered questions from the Commission in reference to the size of the house and how much of the traffic will be vehicular versus pedestrian. 5 Planning Commission July 19. 1999 Commissioner Hallmark asked for comments in favor or in opposition. No comments were made. Commissioner Hallmark closed the public hearing. Commissioner LaBiche explained spot zoning to Mrs. Grant. Discussion followed between the Commission, Council and staff. In response to Commissioner Lucas, Mr. Richardson read the responses that were returned. Commissioner Lucas made a motion to deny the zone change from RS to NC and the specific use permit to allow a day care center at 4050 Agnes Street as requested in File 1458-ZIP. Commissioner LaBiche seconded the motion. Motion to deny carried 5:0. 4) File 1459-P: Request for a specific use permit to allow a company that makes, repairs and installs canvas awnings and tarps, to relocate to property zoned GC -MD (General Commercial -Multiple Family Dwelling) District. Location: 1075 Calder Avenue at Forrest Applicant: Brett M. Harrington Mr. Richardson told the Commission and Council that Hall-McSween Canvas and Upholstery Shop wants to relocate from its present Gulf Street location to the now vacant M. J. Walker Tire Center at 1075 Calder. All fabrication will take place indoors and should not negatively affect surrounding properties. Mr. Richardson recommended approval of the specific use permit request. Eleven notices were mailed to property owners within 200 feet. Two responses in favor and none in opposition were returned. Slides of the subject property were shown. Councilman Cokinos asked how long the building had been vacant. Commissioner Hallmark replied that the last business that occupied the building closed three years ago. Commissioner Hallmark opened -the public hearing and asked for the applicant's comments. 1.1 Planning Commission Jklly 19. 1999 Brett Harrington,. the applicant, addressed the Commission. In response to questions from the Commission, Mr. Harrington said he usually employs between six and eight employees and that the business is open during the daytime hours only. Commissioner Hallmark asked for comments in favor or in opposition. Milt Prewitt, representing Bridgestone -Firestone, the owner of the subject property, addressed the Commission in favor of the request. Comments from the Commission followed. Commissioner Bodwin made a motion to approve the specific use permit to allow a canvas awning shop in a GC -MD District at 1075 Calder as requested in File 1459-P. Commissioner Lucas seconded the motion. Motion to approve carried 5:0. 5) File 589-OB: Athendments to the following sections of the Beaumont Zoning Ordinance: 1) Article III, Section 30-28 (b) 1, Signs in Residential Districts, concerning maximum size, illumination and setback. 2) Article III, Section 30-28 (b) 3, Signs in theRCR Districts, concerning setback. Applicant: City of Beaumont Planning Division Mr. Richardson told the Commission and Counco that over the past two years, a number of Zoning Board of Adjustment variance requests have dealt with the size, location and illumination of signs for multi -family, institutional and non-residential uses in residential districts. Variance requests for size have ranged from 35 square feet to over 80 square feet. Setback variances have ranged from 0 feet to 20 feet from the property line. There have also been requests for internal illumination of the signs because of vandalism and maintenance needs. Mr. Richardson recommended that Article III, Section 30-28 (b) 1 be amended to: 1. Increase the allowable square footage from 20 square feet to 50 square feet. 2. Allow internal illumination. 3. Decrease the required setback from 25 feet to 15 feet. Mr. Richardson also recommended that Article III; Section 30-28 (b) 3 be amended to: 7 Punning Commission MY 19, 1999 L Decrease •.the required setback from not being located in "any required yard" to a minimum of 15 feet from any property line or at the building setback line, whichever is less. - Mr. Richardson answered questions from the Commission and Council. Commissioner LaBiche made a motion to ;approve:. Article III, Section 30-28 (b) 1 be amended to: 1. Increase the allowable square footage from 20 square feet to 50 square feet. 2. Allow internal illumination. 3. Decrease the required setback from 25 feet to 15 feet; and That Article III, Section 30-28 (b) 3 be amended to: 1. Decrease the required setback from not being located in "any required yard" to a minimum of 15 feet from any property line or at the building setback line, whichever is less, as requested in File 589-OB. Commissioner Bodwin"seconded the motion. Motion to approve carried 5:0. THERE BEING NO FURTHER BUSINESS, THE MEETING ADJOURNED AT 4:40 P. M. 8