Loading...
HomeMy WebLinkAbout7-20-98 PC MinutesREGULAR MEETING AND JOINT PUBLIC HEARINGS PLANNING COMMISSION AND CITY COUNCIL July 20, 1998 City Council Chambers A Regular Meeting and Joint Public Hearings of the Planning Commission and City Council were held on July 20, 1998 with the following members present: Commission members present: Chairman Laurie Leister Commissioner Greg Dykeman Commissioner Dale Hallmark Commissioner Dohn LaBiche Commissioner Cleveland Nisby Commissioner Bill Lucas Commission members absent: Vice -Chairman Marva Provo Commissioner Sally Bundy Councilmembers present: Mayor David W. Moore Mayor Pro -Tern Bobbie Patterson Councilmember-at-Large Becky Ames Councilmember-at-Large Andrew Cokinos Councilmember Guy Goodson Councilmember Lulu Smith Councilmembers absent: Councilmember John Davis Also present: Stephen Richardson, Planning Director; Murray Duren, Senior Planner; Tyrone Cooper, First Assistant City Attorney; Jill Cole, Recording Secretary and Adina Abshire, Planning Technician. APPROVAL OF THE MINUTES Commissioner Hallmark made a motion to approve the minutes of the July 6, 1998 Regular Meeting. Commissioner LaBiche seconded the motion. Motion to approve carried 6:0.. Planning Commission July 20, 1998 REGULAR MEETING 1) File 575-OB: Request to abandon all or part of a 20' wide utility easement located at the rear of Lots A and B, Replat of Lots 1-3, Evalon Court Addition. Applicant: Leon Pettis and Don Owen Mr. Richardson told the Commission that the applicants in this request are the owners of Lots A and B. The owner of Lot B at 2630 Evalon wants to build a swimming pool. The pool will encroach into the easement. There are no City utilities in the easement. However, there are Entergy, Entex and Southwestern Bell facilities in the easement and those facilities lie in the north 10' of the easement. After negotiations between the property owners and the private utility companies, it has been agreed that the south 10' of the easement could be abandoned. If so -desired, only the south 10 feet by 192 feet should be abandoned. Chairman Leister asked for the applicant's comments. The applicant was not present. Commissioner LaBiche made a motion to approve the abandonment of the south 10 feet of the utility easement located at the rear of Lots A and B, Evalon Court Addition, as requested in File 575-OB, Commissioner Dykeman seconded the motion. Motion to approve 6:0. 2) File 577-OB: Request to abandon Herring Street between Buford and Stewart and the 20' wide alleys located in BIocks 4 and 7, Neches River Park Addition. Applicant: Port of Beaumont Mr. Richardson told the Commission the abandonment request consists of 300 feet of Herring and the two 20 foot by 300 foot alleys in Blocks 4 and 7. The property on either side of the street and the alleys is owned by the Port. If these abandonments are approved, it should be approved subject to the retention of a drainage/utility easement in Herring and the relocation of the sanitary sewers at the applicant's expense. In response to Commissioner Nisby, Mr. Cooper explained why notices were not sent to property owners within 200 feet of the subject property. (Not required by law - Ed.) N Planning Commission July 2,0, 1998 Chairman Leister asked for the applicant's comments. Bill Masters, Port Director for the Port of Beaumont, addressed the Commission. He said that they would like to lease the subject two blocks to a private company that would build an office building. In response to Commissioner Nisby, Mr. Masters said that the private company operates the switching service for the Port, has bulk handling equipment and also operates the wood chip facility, but at this time, the use would be strictly for an office building. Discussion between Commissioner Lucas and Mr. Masters followed regarding the Port's future plans for expansion into the immediate neighborhood. In response to Commissioner Dykeman, Mr. Masters said that the Port has met with the Charlton Pollard Neighborhood Association to discuss their plans_and how it would affect the neighborhood. Commissioner Nisby voiced concern over two families specifically living, at Stewart and Herring and the fact that they use City transportation. He also feels that the neighbors in the area should have been notified of the request. Chairman Leister asked for public comment in favor or in opposition. Bill Kimbrough, representing the Board of Directors for the Port of Beaumont, addressed the Commission in favor of the request. Raymond Chaison, 1130 Lamar, spoke in opposition to the abandonment request. He also asked for an opinion from the Attorney General regarding the notification process. John Gerard, 1030 Doucette, spoke in opposition to the request. Mr. Gerard has a barber shop on Irving. Chairman Leister closed the public hearing. Commissioner Lucas asked Mr. Richardson to describe the overall plan for Beaumont as far as this area was concerned. Mr. Richardson said that the Charlton Pollard Neighborhood Plan calls for this area to be a transitional area which allows for a mixture of uses, some commercial uses as well as some warehousing and residential uses. The commercial and warehousing uses are to be considered on a case by case basis similar to a specific use permit process. The City could look at additional buffering to protect those existing residences and any future residences that might go into that area. 3 Planning Commission July 20, 1998 In response to Commissioner Nisby, Mr. Masters said that the Port owns 250 acres in Orange County and other property within the City of Beaumont. Commissioner Hallmark made a motion to approve the abandonment of Herring Street between Buford and Stewart and the alleys in Blocks 4 and 7, Neches River Park Addition, subject to the retention of a drainage utility easement in Herring and the relocation of the sanitary sewers at the applicant's expense, as requested in File 577-013. Commissioner Lucas seconded the motion. Discussion between the commission members followed. Chairman Leister called for a vote on the motion and second made. Motion to approve carried 5:1 (Nisby). 3) File 578-OB: Request to abandon 594 feet of Woodrow Street, between Highland Avenue and Grandberry Street. Applicant: Beaumont Independent School District Mr. Richardson said that the purpose of this abandonment request is that B.I.S.D. is redeveloping the Pietzsch/MacArthur school campuses. This work involves demolishing the present Pietzsch Elementary School, renovating certain existing structures on the MacArthur campus and building a new school complex. The new school would bisect that portion of E. Woodrow which is up for abandonment. If this abandonment is approved, it should be subject to the moving of the existing utilities at BISD's expense or retaining the necessary drainage/utility easements. Chairman Leister asked if there was any objection to continuing the meeting in a regular meeting format, without soliciting comments from the audience. No objections were voiced. Chairman Leister asked for the applicant's comments. Tanner Hunt, attorney for B.i.S.D., addressed the Commission. Commissioner Lucas made a motion to approve the abandonment of 594 feet of Woodrow Street, between Highland Avenue and Grandberry Street, as requested in File 578-OB, subject to the moving of the existing utilities at BISD's expense or retaining the necessary drainagelutility easements. Commissioner LaBiche seconded the motion. Motion to approve carried 6:0. 4 Planning Commission July 20, 1998 4) File 579-OB: Request to abandon Matthews Drive between Phelan Boulevard and Calder Avenue. Applicant: Fittz & Shipman, Inc. for Buckner Retirement Services and Mary Ann Fiorenza Mr. Richardson told the Commission that the abandonment request is for a 552' undeveloped segment of Matthews. Buckner Retirement Services owns a 17.65 acre tract east of this portion of Matthews. Mary Ann Fiorenza owns the property west of -Matthews. Both Buckner and Mrs. Fiorenza have requested the abandonment. There is an electrical distribution line in the right-of-way, but Entergy has said that it can be rerouted. If this abandonment is approved, it should be done so subject to the applicant paying for the relocation of any utilities. Chairman L.eister asked for the applicant's comments. John Holm of Fittz and Shipman, representing the applicants, addressed the Commission. Mr. Holm said he had talked to S. A. Webb, Water Utilities Director and in order to get sufficient fire protection to the facilities planned, Mr. Webb would like to have a 20' water utility easement along the centerline of the abandoned roadway, 10' on either side, in order to bring a water line across Phelan south to connect into the 6" line in Calder, which is undersized to provide proper fire protection. Commissioner L.aBiche made a motion to approve the abandonment of Matthews Drive between Phelan Boulevard and Calder Avenue with the 20' water utility easement as requested by Water Utilities along the centerline and other easements if required in File 579-OB . Commissioner Dykeman seconded the motion. Motion to approve carried 6:0. 5) Preliminary Plat - Gladys West, Section Five: Consider the Preliminary Plat of Gladys West, Section Five; 9 acres out of the H. Williams Survey. Applicant: Fittz and Shipman for Nichols Development Company Mr. Richardson said that the subject plat consists of 37 lots. The plat has been reviewed by interested parties. The plat should be approved subject to the following conditions: 1. Relocate the four proposed street lights and add a fifth. 5 Planning commission July 20, 1998 2. Require a sidewalk along at least one side of Rosewood. 3. Install the necessary inlets as required by the City Engineer. 4. Provide a 10 foot utility easement along all lots abutting the streets. Chairman Leister asked for the applicant's comments. John Holm with Fittz and Shipman addressed the Commission. They have no objections to the four requirements. Commissioner Dykeman asked Mr. Holm why plats were repeatedly submitted without showing sidewalks. Commissioner Dykeman made a motion to approve the Preliminary Plat of Gladys West, Section Five subject to the following conditions: 1) Relocate the four proposed street lights and add a fifth; 2) Require a sidewalk along at least one side of Rosewood; 3) Install the necessary inlets as required by the City Engineer; and 4) Provide a 10 foot utility easement along the street frontages of all lots. Commissioner Lucas seconded the motion. Motion to approve 6:0. JOINT PUBLIC HEARINGS Mayor Moore called the Joint Public Hearings of July 20, 1998 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 1414-Z: Request for a zone change from A-R (Agricultural -Residential) to RS (Residential Single Family Dwelling) District. Location: Adjacent to and south of the Barrington Heights Addition, Phase 1, approximately 800 feet west of Dowlen Road. Applicant: Carroll and Blackman for Talisman Development, Inc. Mr. Richardson told the Commission that the request is for a 10.3 acre tract of land, also known as Barrington Heights, Phase Two. Preliminary Plat approval was given to this subdivision subject to the rezoning of the property to RS. Lot sizes range from 70' -8S' x 120' . Nineteen notices were mailed to property owners within 200 feet of the subject property. Two responses in favor and one in opposition were returned to staff. Chairman Leister opened the public hearing and asked for the applicant's comments. Joe Pattie of Carroll and Blackman, Inc. addressed the Commission. Z Planning Commission July 20. 1998 Chairman Leister asked for comments in favor or in opposition. Kirk Carver, 6075 Barrington Avenue, addressed the Commission. He asked if there would a park built in the future. Chairman Leister closed the public hearing. Commissioner Hallmark made a motion to approve the zone change from A-R. to RS for a 10.3 acre tract lying at the south end of Barrington Avenue as requested in File 1414-Z. Commissioner LaBiche seconded the motion. Motion to approve carried 6:0. 2) File 1415-P: Request for a specific use permit to allow a financial planning and brokerage office in an existing residence in an RM-H (Residential Multiple Family Dwelling -Highest Density) District. Location: 4184 Treadway at Collier Road intersection Applicant: Tim C. Satre Mr. -Richardson told the Commission and Council that the applicant, Tim Satre, wishes to open a branch office of Investment Management and Research, Inc. There would be a total of four employees and hours of operation would be from 8 a.m. to 4:30 p.m. The applicant is requesting a modification of the screening/landscaping requirements. An 8' tall wood screening fence and 10' landscape strip are required along the north and south sides of the subject property. The site plan shows an 8' privacy fence and landscaping along approximately 58 feet of the north property line and the same along approximately 105 feet of the south property line. The rear of the property is proposed for future development. If this specific use permit is approved as submitted, a modification to the screeningllandscaping requirements will need to be granted. Ten notices were mailed to property owners within 200 feet of the subject property. One response in favor and none in opposition were returned. Chairman Leister opened the public hearing and asked for the applicant's comments. Tim Satre, the applicant, addressed the Commission. He said that after he talked to the neighbor on the north side, he decided to extend the fence to the rear of the garage of the property. Chairman Leister asked for comments in favor or in opposition. II Planning Commission July 20, 1998 Jimmy Williams, 4210 Treadway, addressed the Commission. His property is on the north side of the subject property. He voiced concern about the privacy fence and said he would like the fence to enclose more of the applicant's property for safety reasons. Rebuttal by Mr. Satre. Commissioner LaBiche said that he has a problem with Norman Bourgeois' (designer) seal because it includes an unofficial use of the State of Texas .logo. He said that he had contacted the Texas Board of Architectural Examiners about the seal and he was told that it had not been regulated officially through any State board. Chairman Leister closed the public hearing. Commissioner Hallmark made a motion to approve the specific use permit to allow a financial planning and brokerage office in an existing residence at 4184 Treadway as requested in File 1415-P, subject to the extension of the fence back to and adjoining the neighbor's existing fence on the north property line and including a waiver of any additional landscaping or screening other than that shown on the site plan.- Commissioner Lucas seconded the motion. Motion to approved carried 6:0. 3) File 1416-P: Request for a specific use permit to allow a drinking place on property zoned GC -MD (General Commercial -Multiple Family Dwelling) District. Location: Oaks Shopping Center, 229 Dowlen Road Applicant: Charles M. Mackenzie Mr. Richardson told the Commission and Council that the applicant, Charles Mackenzie, wishes to open Mackenzie's Pub in an existing lease space in the Oaks Shopping Center. There is a fully equipped kitchen in the space and he plans to serve food. Twenty-one notices were mailed to property owners within 200 feet. Three responses in favor and none in opposition were returned. Chairman Leister opened the public hearing and asked for the applicant's comments. Charles Mackenzie, the applicant, addressed the Commission. Chairman Leister asked for continents in favor or in opposition. No comments were made. Chairman Leister closed the public hearing. Commissioner Lucas made a motion to approve the specific use permit to allow a drinking place in a shopping center zoned GC -MD as requested in File 1416-P. Commissioner LaBiche seconded the motion. Motion to approve carried 6:0. i� Planning Commission July 20. 1998 4) File 1417-P: Request for a specific use permit to allow a kitchen counter top fabrication business in a GC -MD (General Commercial -Multiple Family Dwelling) District. Location; 1445 Gladys Applicant: Walter M. Carter Mr. Richardson told the Commission and Council that the applicant, Walter Carter, wants to operate his business in an existing building on the subject property. The business involves calculating, designing and building residential kitchen counter tops made of DuPont Corian. The finished counter tops are then delivered to the customer located for installation. The business will initially employ two employees with eventual expansion to six. Hours of operation will be from 7:30 a.m. to 4:30 p.m., Monday -Friday. If approved, the specific use permit should be approved subject to redesigning the handicap parking stall and erecting the necessary signage. Seventeen notices were mailed to property owners within 200 feet of the subject property. Seven responses in favor and none in favor were returned to staff. Chairman Leister opened the public hearing and asked for the applicant's comments. Mike Carter of Carter & Company, the applicant, addressed the Commission. In response to Commissioner Lucas, Mr. Carter said that the noise would be minimal and would be during daytime hours only. Chairman Leister asked for comments in favor or in opposition. No comments were made. Chairman Leister closed the public hearing. Commissioner LaBiche made a motion to approve the specific use permit to allow a kitchen counter top fabrication business in an existing building at 1445 Gladys as requested in File 1417-P, subject to fulfilling the Traffic Engineer's requirement for redesigning the handicap parking stall and erecting the necessary signage. Commissioner Dykeman seconded the motion. Motion to approve carried 6:0. 5) File 1418-Z1P: Request for a zone change from RM-H (Residential Multiple Family Dwelling -Highest Density) to GC -MD (General Commercial -Multiple Family Dwelling) District or a more restrictive district and a request for a specific use permit to allow a dog grooming business in a residence. Location: 3580 Blackmon Lane Applicant: Barbara Cardwell E Planning Commission July 20, 1999 Mr. Richardson told the Commission and Council that the applicant, Barbara Cardwell, lives at the subject property. She wants to groom dogs within a detached garage. She will groom five to eight dogs a day. Hours of operation will be 8 a.m. - 5 p.m., Tuesday -Saturday. Mr. Richardson told the Commission and Council that they might want to consider GC-MD-2 zoning instead of GC -MD. GC -MD would allow undesirable uses into the neighborhood. The applicant is requesting a modification to the screening/landscaping requirements. An eight foot tall privacy fence and a 10 foot landscape strip is required along the east and west property lines. Ms. Cardwell feels that the existing screening is adequate. If this application is approved, a modification to the landscaping/screening requirements will need to be approved. Ten notices were sent to property owners within 200 feet. Two responses in favor and none in opposition were returned to staff. Chairman Leister opened the public hearing and asked for the applicant's comments. Ms. Cardwell, the applicant, addressed the Commission. Mr. Richardson explained the GC-MD-2 zoning district to Ms. Cardwell and she agreeable with that district. Chairman Leister asked for comments in favor or in opposition. No comments were made. Chairman Leister closed the public hearing. Commissioner Hallmark made a motion to approve a zone change from RM-H to GC-MD-2 and a specific use permit to allow a dog grooming business at 3580 Blackmon Lane as requested in File 1418-Z/P, including a modification to the landscaping/screening requirements. Commissioner Lucas seconded the motion. Motion to approve carried 6:0. 6) File 1419-Z: Request for a zone change from RS (Residential Single Family Dwelling) to PD (Port Development) District. Location: Neches River, from the intersection of Brakes Bayou with the Neches River south to a northeast corner of the city limits at a northwest corner of Mobil Oil Company property. (Tract No. 2 of Annexation Area No. 2) Applicant: City of Beaumont Planning Division 10 Planning Commission July 20, 1998 Mr. Richardson told the Commission and Council that this portion of the river, from Mobil up to Brakes Bayou, was recently annexed. As per the Zoning Ordinance, all annexed properties are initially zoned RS. All property adjacent to this portion of the river is zoned PD. Seven notices were mailed to property owners within 200 feet. No responses in favor or in opposition were returned. Chairman Leister opened the public hearing and asked for comments in favor or in opposition. There being no comments, Chairman Leister closed the public hearing. Commissioner Nisby made a motion to approve the zone change from RS to PD for the property lying along the westerly and southerly bank of the Neches River extending to the centerline of the river as requested in File 1419-Z. Commissioner LaBiche seconded the motion. Motion to approve carried 6:0. 7) File 1420-Z/P: Request for a zone change from GC -MD (General Commercial - Multiple Family Dwelling) to C-M (Commercial -Manufacturing) District and a request for a specific use permit to allow the mixing of liquid chemicals for distribution to the industrial trade from an existing building. Location: 1200 Laurel Avenue at Center Street Applicant: V. M. Patel (Petroferm, Inc.) Mr. Richardson told the Commission that the applicant, Mr. V. M. Patel, has leased an existing brick warehouse to operate his business. Mr. Patel states that he will be in compliance with all rules and regulations of the TNRCC, EPA and the City of Beaumont. This use is classified in the SIC Code as SIC #5169. Prior to ordinance amendments in February of this year, this classification was grouped under wholesale trade Non - Durable Goods and was permitted with a specific use permit in the GC -MD District. The ordinance was amended to delete this category from GC -MD and allow it in CM and LI with a specific use permit or by right in an HI District. This property has been used in the past by the Magnolia Gas Products Company, Magnolia Airco Gas Products Co., Acme Transfer and American Welding Supply. If this application is approved, it should be approved subject to the installation of one handicap parking space and erecting the necessary signage. Twenty-eight notices were mailed to property owners within 200 feet of the subject property. One response in favor and two in opposition were returned to staff. Chairman Leister opened the public hearing and asked for the applicant's comments. 11 Planning Commission July ?A. 1998 Mr. V. M. Patel, the applicant, addressed the Commission. He explained that the chemical, Disolvite, is used to clean crude oil tanks. Mr. Patel answered questions from the Commission regarding competitors, number of employees, truck traffic, safety of chemicals, etc. In response to Commissioner LaBiche, Mr. Patel said that if any chemicals were to 'be spilled, there would be reason for concern and the spill would be immediately contained. Mr. Patel said that the building is not equipped with a sprinkler system and he has no plans to install one at this time. He has purchased fire extinguishers, masks and respirators. Mr. Patel answered further questions pertaining to the storage of drums, safety precautions and liability insurance. Chairman Leister asked for comments in favor or in opposition. Domingo Torres, 1207 Laurel, spoke in opposition to the request. He voiced concerns regarding traffic and the safety of the chemicals. Armando Fernando, 1231 Laurel, spoke in opposition to the request. He is concerned about the danger of the chemicals and being exposed to them on a daily basis. Chairman Leister closed the public hearing. Commissioner Dykeman made a motion to approve the request as submitted. Motion failed for lack of a second. Commissioner Hallmark made a motion to deny the zone change from GC -MD to C-M and the specific use permit to allow the mixing of chemicals for distribution at 1200 Laurel as requested in File 1420-ZIP. Commissioner Nisby seconded the motion. Discussion between the Commission and Council followed. Motion to deny carried 4:1 (Dykeman):1 (abstention-Leister). 8) File 1421-P: Request for an amended specific use permit to allow the modification of the screening requirements for Quality Care Sitter Service. Location: 2325-35 Liberty Applicant: Quality Care Sitter Service, Inc. Mr. Richardson said that in March, 1998, City Council approved a specific use permit to allow administrative offices for Quality Care Sitter Service & Private Duty 12 Planning Commission July 20. 1998 Licensed Home Health, Inc. As part of this approval, an eight foot tall solid privacy fence was required on the south and west sides of the property. Nancy Carlisle, the applicant, is requesting that a six foot fence be allowed instead of the required eight foot fence. She feels that a six foot fence will be more compatible with the surrounding properties and would do more to enhance the Oaks Historic District. There is an existing six foot fence between the apartment complex to the east and the subject property. Twenty-one notices were mailed to property owners within 200 feet. One response in favor and none in opposition were returned. Chairman Leister opened the public hearing and asked for the applicant's comments. Nancy Carlisle, the applicant, addressed the Commission. She said that a six foot fence on the north and west sides would be compatible with surrounding neighbors, who have six foot fences, not eight foot fences. On the south and east sides of the property -at 2335 Liberty is extremely wooded and would like to do more plantings and keep it a green area. Chairman Leister asked for comments in favor or in opposition. Godfrey Leggett, 185 Marceline, addressed the Commission in favor of the request. Chairman Leister closed the public hearing. Commissioner Hallmark made a motion to approve the amendment to the specific use permit that would allow a six foot tall wood fence along the south property line on Lot 5 and along the west property line of Lot 6 and eliminating the need for any additional fencing along the south and east property lines of Lot 6 as requested in File 1421-P. Commissioner Dykeman seconded the motion. Motion to approve carried 6:0. OTHER BUSINESS THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED. 13