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HomeMy WebLinkAbout4-20-98 PC MinutesMINUTES JOINT PUBLIC HEARINGS PLANNING COMMISSION AND CITY COUNCIL April20, 1998 City Council Chambers Joint Public Hearings of the Planning Commission and City Council were held on April 20, 1998 with the following members present: Commission members present; Chairman Laurie Leister Vice -Chairman Marva Provo Commissioner Sally Bundy Commissioner Greg Dykeman Commissioner Dale Hallmark Commissioner Cleveland Nisby Commission members absent: Commissioner Bessie Chisum Commissioner Dohn LaBiche Commissioner Bill Lucas Councilmembers present: Mayor David W. Moore Mayor Pro-Tem Becky Ames Councilmember-at-Large Andrew Cokinos Councilmember Guy Goodson Councilmember Lulu Smith Councilmember John Davis Councilmember Bobble Patterson Also present: Stephen Richardson, Planning Director; Murray Duren, Senior Planner; Tyrone Cooper, First Assistant City Attorney; Stanley Hatcher, Planning Technician and Jill Cole, Recording Secretary APPROVAL OF THE MINUTES Commissioner Bundy made a motion to approve the minutes of the April 6, 1998 Regular Meeting. Commissioner Hallmark seconded the motion. Motion to approve carried 5:0. Planning Commission April 20, 1999 JOINT PUBLIC HEARINGS Mayor Moore called the Joint Public Hearings of April 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 1404-Z: Request for a zone change from GC -MD (General Commercial - Multiple Family Dwelling) to RM-H (Residential Multiple Family Dwelling -Highest Density) District or a more restrictive district. Location: 1036 Oakland Applicant: Charles Etta Woodside Mr. Richardson told the Commission that the applicant wants to build a single family residence at 1036 Oakland. This property is zoned GC -MD. As such, since 1981, single family residences are not permitted. This area was zoned commercial in 1955. While the area is one of mixed uses, the applicant's nearest neighbors to the north, south, east and west are residences. The Comprehensive Plan designates this area as Conservation and Revitalization. Technically, this change would be considered spot zoning. However, this would be the first residential construction in this area in many years. Twenty-six notices were mailed to property owners within 200 feet of the subject property. No responses in favor or in opposition were returned to staff. In response to Commissioner Hallmark, Mr. Richardson said that there was a residence on the subject property at one time. Chairman Leister opened the public hearing and asked for the applicant's comments. Donna Woodside, the applicant's daughter, addressed the Commission. Chairman Leister asked for comments in favor or in opposition. No comments were made. Chairman Leister closed the public hearing. Commissioner Bundy made a motion to approve the zone change to RM-H for the property at 1036 Oakland as requested in File 1404-Z. Commissioner Nisby seconded the motion. Motion to approve carried 5:0. 2) File 1405-P: Request for a specific use permit for the wholesale of durable goods (steel pipe) in a GC -MD (General Commercial -Multiple Family Dwelling) District. Location: 950 Magnolia Applicant: Energy Land Resources by A. M. Phelan, III 2 Planning Commission April 20, 1998 Mr. Richardson told the Commission and Council that the request was to allow a wholesale durable goods business selling steel pipe, valves and fittings to the industry with the outside storage of steel pipe in a GC -MD District. In September of 1996, a specific use permit to allow a recycling business at this address was approved. That approval was conditioned upon the installation of screening and no outside storage. That business never materialized. Last month, the current owner, Mickey Phelan, contacted the City to discuss the possibility of allowing the R. J. Gallagher Company to relocate to this location. Under Section 30-26 (g) of the Zoning Ordinance, Mr. Richardson granted that approval subject to meeting the conditions of the original specific use permit and with no change or increase in intensity as defined by the Zoning Ordinance. The purpose of this request is to allow for the outside storage of pipe. Twenty-nine notices were mailed to property owners within 200 feet of the subject property. One response in favor and none in opposition were returned. In response to Commissioner Hallmark, Mr. Richardson said that the screening is adequate. Chairman Leister opened the public hearing and asked for the applicant's comments. Mickey Phelan, the applicant, addressed the Commission. 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 the specific use permit to allow a wholesale durable goods business with the outside storage of steel pipe at 950 Magnolia as requested in File 1405-P. Commissioner Bundy seconded the motion. Motion to approve carried 5:0. 3) File 1406-P: Request for a specific use permit to allow a parking lot for an existing doctor's clinic on a tract of land zoned RM-H (Residential Multiple Family Dwelling -Highest Density) District. Location: Behind and abutting a medical clinic at 2010 Dowlen Road at Wellington Applicant: Mark Whiteley & Associates, Inc. (Vice Chairman Provo arrived.) 3 Planning Commission April 20, 1998 Mr. Richardson told the Commission and Council that the subject property is located just east of 2010 Dowlen. Dr. Charles Evans would like to acquire a 52' x 155' strip of vacant land lying immediately behind his clinic. Dr. Evans would like to construct a parking lot to accommodate 15 parking spaces. Access to these parking spaces would be through the existing parking lot. There would be no additional access to Wellington. The addition of these employee parking spaces would address some excess parking that is now occurring on Wellington. The Zoning Ordinance requires an eight foot tall screening fence and a ten foot landscape strip on the north and east sides of the property. This is being provided along the east side of the property adjacent to the newly platted four lot Cottontail Trail single family subdivision. However, the applicant requested a modification to the landscaping/screening requirements along the north side of the parking lot. St. Elizabeth Hospital currently has plans for a use similar to that found on the subject property. If this application is approved as submitted, a modification to the landscaping will need to be approved as part of the application. Twelve 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. Don Rao of Mark Whiteley and Associates, the applicant, addressed the Commission. Chairman L.eister asked for comments in favor or in opposition. No comments were made. The public hearing was closed. Commissioner Bundy made a motion to approve the specific use permit to allow a parking lot adjacent to an existing doctor's clinic located just east of 2010 Dowlen with a modification to the screening and landscaping requirements along the north side as requested in File 1406-P. Vice -Chairman Provo seconded the motion. Motion to approve carried 6:0. 4) File 1407-Z: Request to rezone property from RS (Residential Single Family Dwelling) to RM-H (Residential Multiple Family Dwelling -Highest Density) -or RM- M (Residential Multiple Family Dwelling -Medium Density) District. Location: 8000 block of Tolivar Road Applicant: Kemon Neal 4 Plaiming Commission April 20, t998 Mr. Richardson told the Commission and Council that the subject property is located on the north side of Tolivar Road in the 8000 block. The proposed use of the property is a four unit apartment. Property to the north, south and west have been zoned single family residential since 1964. The property to the east was rezoned to multi -family in 1978. Except for a dentist's office fronting on Highway 105, the rest of the surrounding land uses are single family or vacant. The most recent development in this area has been single family residential. To the south of Tolivar is the Pine Glen Subdivision. Eighteen notices were mailed to property owners within 200 feet of the subject property. One response in favor and eight in opposition were returned to staff. Chairman Leister opened the public hearing and asked for the applicants comments. Kemon Neal, the applicant, addressed the Commission. In response to Commissioner Dykeman, Mr. Neal said he did not know why some of the surrounding neighbors were opposed. Chairman Leister asked for comments in favor or in opposition. Speaking in Opposition Jenny Marino, 217 Manor, addressed the Commission. Mrs. Marino said that she was currently the homebuilder in the Pine Glen Addition. She said she is in opposition to the zone change and the proposed ux because she feels it will affect the property values and traffic congestion. Ronnie Russell, 5650 Emily Lane, spoke in opposition to the proposed use. Adris Chaudhry, owner of the property at 8015 Highway 105, spoke in opposition to the proposed use Ronald Collins, owner of the property at 8055 Highway 105, spoke in opposition to multi -family uses. Chairman Leister closed the public hearing. Rebuttal by Kemon Neal. Mr. Neal said he was proposing a four-plex apartment unit, not a large apartment complex that could cause traffic problems. He said he did not feel that the proposed use would cause the surrounding property values to decline. Planning Commission April 20, 1998 Discussion followed between Commission members regarding surrounding property. Chairman Leister reopened the public hearing. Jenny Marino commented again on the status of Mr. Neal's contract on the property. Mr. Neal commented on the status of his contract. Mr. Russell expressed concerns that if Mr. Neal's request is approved that he might buy the two adjacent properties and making them all apartments. Mrs. Marino told the Commission that they should take into consideration all the responses in opposition. Rebuttal by Mr. Neal. Chairman Leister closed the public hearing. Commissioner Bundy made a motion to deny the zone change request for the property on Tolivar Road as requested .in File 1407-Z, Commissioner Hallmark seconded the motion. Motion to deny carried 6:0. 5) File 574-OB: Proposed annexation of four non-contiguous areas of land totaling 2,820.61 acres (4.415 sq. mi.): Area I located south of the City sewage treatment facility and north of the wetlands area in the C.,Hillebrandt Survey; Area 2 located east of the existing City limits to the centerline of the Neches River; Area 3 located west of the City and includes DD#6 property and a spoils area north of the DDN6 property in the A. Houston League; Area 4 located southeast of the City, from the existing City limit lines to West Port Arthur Road in the John A. Veatch Survey and the Pelham Humphreys Survey. Applicant: City of Beaumont Mr. Richardson reviewed the four areas for proposed annexation. Area 1 consists of 569.5 acres and is located south of the city sewage treatment facility and north of "Cattail Marsh". This area includes 12 parcels (202 acres) owned by the City. There are 31 privately owned parcels in this area. The area is basically vacant land. Area 2 consists of 374.19 acres and extends from the east city limit line to the centerline of the Neches River. Port of Beaumont property lies within this area. This area does not include Trinity Industries. planning Commission April 20, t998 Area 3 consists of 415.92 acres and is located west of the City, between Phelan Boulevard and Dishman Road. 215.96 acres of this area is a retention pond owned by DD1l6. The LNVA owns 5 acres. The remaining acreage is a privately owned spoils area. Area 4 consists of 1,461 acres and is located southeast of the City, west of Martin Luther King Parkway and east of West Port Arthur Road. Except for a tank farm and some scattered development along M.L.K. Parkway, Spindletop Avenue and Highland Avenue, the area is basically vacant. This area also includes the site of the original Spindletop. Service plans have been developed for each area and included in the packets. Two public hearings are scheduled. If there is substantial protest to any of the proposed annexations, a third public hearing will then be scheduled and held on site. Two public hearings have been advertised as required by state statutes. Chairman Leister opened the public hearing and asked for comments in favor or in opposition. No comments in favor or in opposition were made to Areas 1, 2 or 3. In reference to Area 4, the following comments in opposition were made. Kelly Byrom, 1886 West Lane, addressed the Commission on behalf of her mother, Yvonne Byrom. Ms. Byrom and her mother own property on the corner of Spindletop and West Port Arthur Road. They are opposed to the annexation. Ray Jeffrey, representing Duke Energy Field Service, Inc., addressed the Commission. Duke Energy may own property in this area - a natural gas storage facility. Mr. Jeffrey said that Duke Energy did not receive notice to this proposed annexation so he was not prepared to speak and ask that it be continued to the next meeting, because the company might be opposed. Ray Long, 2319 Harrison, spoke in opposition. He owns 11 acres at the corner of Spindletop Road and M.L.K. Parkway. Kell Jones spoke in opposition to the annexation. Mr. Jones owns a business at 6000 Highland Avenue. Mary Guidry, 1550 Spindletop, spoke in opposition to the annexation. Discussion between staff, commission members and Mr. Cooper regarding appropriate action to be taken by the Commission. Chairman Leister closed the public hearing. FA Planning Commission April 20, 1998 Commissioner Dykeman made a motion to approve the annexation of Areas 1, 2 and 3 of File 574-OB. Commissioner Nisby seconded the motion. Commissioner Bundy made a motion to amend the motion to exclude Area 2. Chairman Leister seconded the motion. Motion to approve Areas 1 and 3 carried 5:1 (Hallmark). Commissioner Dykeman made a motion to deny Area 4 of File 574-013. Commissioner Bundy seconded the motion. Motion to deny carried 6:0. (Commissioner Nisby left.) Commissioner Hallmark made a motion to approve Area 2 and File 574-OB. Commissioner Bundy seconded the motion. Motion to approve carried 4:1 (Leister). OTHER BUSINESS THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED.