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Home My WebLink About6-15-98 PC MinutesJOINT PUBLIC HEARINGS PLANNING COMMISSION AND CITY COUNCIL June 15, 1998 City Council Chambers Joint Public Hearings of the Planning Commission and City Council were held on June 15, 1998 with the following members present: Commission members present: Commission members absent: Vice -Chairman Marva Provo Commissioner Greg Dykeman Commissioner Dale Hallmark Commissioner Dohn LaBiche Commissioner Cleveland Nisby Chairman Laurie Leister Commissioner Sally Bundy Commissioner Bill Lucas Councilmembers present: Mayor Pro-Tem Bobbie Patterson Councilmember-at-Large Becky Ames Councilmember-at-Large Andrew Cokinos Councilmember Guy Goodson Councilmember Lulu Smith Councilmembers absent: Mayor David W. Moore Councilmember John Davis Also present: Stephen Richardson, Planning Director; Murray Duren, Senior Planner; Tyrone Cooper, First Assistant City Attorney; Jill Cole, Recording Secretary; William Dupree, Senior Planner and Bart Baker, Planner APPROVAL OF THE MINUTES Commissioner Nisby made a motion to approve the minutes of the June 1, 1998 Regular Meeting. Commissioner LaBiche seconded the motion. Motion to approve carried 5:0. Planning Commission June 15, 1998 JOINT PUBLIC HEARINGS Mayor Pro-Tem Patterson called the Joint Public Hearings of June 15, 1998 to order and explained the purpose of the joint hearing process and then turned the meeting over to Vice - Chairman Provo. She explained the policies and procedures for the hearing process. 1) File 1411-Z: Request for a zone change from RS (Residential Single Family Dwelling) to GC -MD (General Commercial -Multiple Family Dwelling) District or a more restrictive commercial district. Location: Northwest corner of Washington Boulevard and Major Drive (FM 364) Applicant: George E. Ellis, Jr., et al Mr. Richardson told the Commission that the subject property is vacant and located at the northwest corner of Washington Boulevard and Major Drive. The southwest corner of this intersection is zoned GC -MD and is occupied by a vacant convenience store and a car wash. The convenience store is vacant due to a whole taking when right -of --way was acquired for the Major Drive expansion. The two corners on the east side of Major are vacant and zoned RS. North of the subject property is a DD#6 ditch and to the north of the ditch is the site of a new City fire station. Seventeen notices were mailed to property owners within 200 feet of the subject property. Two responses in opposition and none in favor were returned to staff. Vice -Chairman Provo opened the public hearing and asked for the applicant's comments. The applicant was not present. Vice -Chairman Provo asked for comments in favor or.in opposition. No comments were made. Vice -Chairman Provo closed the public hearing. Commissioner Nisby made a motion to approve a zone change from RS to GC-MD- 2 for the property at the northwest corner of Washington Boulevard and Major Drive as requested in File 1411-Z. Commissioner LaBiche seconded the motion. Motion to approve carried 5:0. 2) File 1412-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: 2050 South Street Applicant: Jessie Bobb Mr. Richardson told the Commission and Council that the applicant, Jessie Bobb, is requesting this zone change to right a violation that now exists on the subject property. Mr. Bobb owns a auto repair shop next door to the subject property. The N Planning Commission June 15, 1998 auto repair shop is zoned Hi. He has been parking cars in the front yard of 2050 South Street. That property is zoned RM-H and is also located in the Oaks Historic District. Parking cars in the front yard of 2050 South is in violation of both the RM- H zoning and the historic district regulations. This request could be construed as spot zoning and would permit commercial encroachment into a substantially residential area to the west. If this request is granted, the applicant would be required to conform to the Historic District regulations for parking and modifications and/or demolition of any buildings on the property. Fifteen notices were mailed to property owners within 200 feet of the subject property. No responses in favor or in opposition were returned. Discussion between Mr. Richardson, the Commission and Council followed. Vice -Chairman Provo opened the public hearing and asked for the applicant's comments. Jessie Bobb, the applicant, addressed the Commission. He explained to the Commission that his business is at 2030 South. He plans to eventually tear the house down that is located at 2050 South. Mr. Bobb answered questions from the Commission and Council. Vice -Chairman Provo asked for comments in favor or in opposition. No comments were made. Vice -Chairman Provo closed the public hearing. Commissioner Dykeman made a motion to approve the zone change from RM-H to GC -MD for the property at 2050 South Street as requested in File 1412-Z. Commissioner UBiche amended the motion to approve a zone change to HI (Heavy Industrial). Mr. Cooper advised that because the request was not advertised as such, the amendment would not be allowed. The original motion made by Commissioner Dykeman died for lack of a second. Commissioner Hallmark made a motion to deny the zone change request from RM-H to GC -MD for the property at 2050 South Street as requested in File 1412-Z. Commissioner UBiche seconded the motion. Motion to deny failed 2:3. Commissioner Nisby asked when the applicant could reapply for a zone change. 3 I Planning Commission June 15, 1998 Mr. Cooper said one year unless the Commission allows it before that time. The zone change request of File 1412-Z will go to City Council without a recommendation. 3) File 1413-Z: Request for a zone change from RS (Residential Single Family Dwelling) to GC -MD (General Commercial -Multiple Family Dwelling) District. Location: East side of Eastex Freeway (U.S. 69, 96 and 287) between Texas Department of Transportation property and the Freeway Baptist Church. Applicant: Dal Sasso Construction Co., Inc. Mr. Richardson told the Commission and Council that the subject property was 22.4 acres. Tony Dal Sasso, the applicant, owns a 236 acre tract of undeveloped land lying east of Eastex Freeway. The 22.4 acres is a portion of that tract. The Comprehensive Plan designates the Eastex Freeway as an "Activity Corridor". Existing land uses in the area include institutional, industrial, state government and commercial. Four notices were mailed to property owners within 200 feet. No responses in favor or in opposition were returned. Vice -Chairman Provo opened the public hearing and asked for the applicant's comments. John Holm with Fittz and Shipman addressed the Commission. He introduced Mr. Jim Willis of Tony Dal Sasso Corporation. Vice -Chairman Provo asked for comments in favor or in opposition. No comments were made. Vice -Chairman Provo closed the public hearing. Commissioner LaBiche made a motion to approve the zone change from RS to GC - MD for the 22.4 acres fronting Eastex Freeway between TxDoT and Freeway Baptist Church as requested in File 1413-Z. Commissioner Nisby seconded the motion. Motion to approve carried 5:0. 4) File 576-OB: Request for the readoption of the Parks and Open Space Element of the Comprehensive Plan. Applicant: City of Beaumont Planning Division Mr. Richardson told the Commission and Council that this readoption is being requested at this time in order to permit the City to submit an approved plan and 4 Planning Commission June 15, 1998 grant application to Texas Parks and Wildlife for the Fall grant funding cycle. Mr. Richardson introduced William Dupree, Senior Planner. Mr. Dupree reviewed the major differences between the current plan and the proposed plan. • The Five Year Plan is no longer represented by an inset map on the plan. Instead, a listing of priorities in the text and on the map now represent the Five Year; • Objectives for achieving the goals of the plan are now listed under the headings of short-term "priorities" (1-5 years) and intermediate -term objectives (6-10 years). All objectives under the intermediate term objectives are listed by the type of project it represents, i.e. construction of "x" number of facilities of a specific type, with no reference to a specific location. This is also generally true of the short-term priorities. However, specific reference is made to an Activity Center for south Beaumont and to continued development of the Municipal Athletic Complex; • Corrections have been made to the plan to reflect changes which have occurred since the May 1997 adoption of the current plan. Examples include the deletion from the plan of facilities removed from the park system as a result of the recent election and the up -dating of the CIP elements listed in the text; and • A time line for short and intermediate term objects (see Figure 1) has been added to the text. Also a Figure A-2 was added to the appendices section to identify existing service coverage and service coverage deficiencies for community parks. Vice -Chairman Provo opened the public hearing and asked for comments in favor or in opposition. No comments were made. Vice -Chairman Provo closed the public hearing. Commissioner Hallmark made a motion to approve the readoption of the Parks and Open Space Element of the Comprehensive Plan as requested in File 576-OB. Commissioner UBiche seconded the motion. Motion to approve carried 5:0. OTHER BUSINESS THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED. W