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HomeMy WebLinkAbout3-16-98 PC MinutesJOINT PUBLIC HEARINGS PLANNING COMMISSION AND CITY COUNCIL March 16, 1998 City Council Chambers Joint Public Hearings of the Planning Commission and City Council were held on March 16, 1998 with the following members present: Commission members present: Vice -Chairman Marva Provo Commissioner Sally Bundy Commissioner Bessie Chisum Commissioner Greg Dykeman Commissioner Dale Hallmark Commissioner Cleveland Nisby Commission members absent: Chairman Laurie Leister Commissioner Dohn LaBiche Commissioner Bill Lucas Councilmembers present: Mayor David W. Moore Mayor Pro -Tern Becky Ames Councilmember-at-Large Andrew Cokinos Councilmember Guy Goodson Councilmember Lulu Smith Councilmember John Davis Councilmembers absent: Councilmember Bobbie Patterson Also present: Stephen Richardson, Planning Director; Murray Duren, Senior Planner; Tyrone Cooper, First Assistant City Attorney; and Jill Cole, Recording Secretary APPROVAL OF THE MINUTES Commissioner Bundy made a motion to approve the minutes of the March 2, 1998 Regular Meeting. Commissioner Nisby seconded the motion. Motion to approve carried 6:0. Planning Commission March 16, 1998 JOINT PUBLIC HEARINGS Mayor Moore called the Joint Public Hearings of March 16, 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 1397-P: Request for a specific use permit to allow a restaurant to open and operate in an NC (Neighborhood Commercial) District. Location: 1625 Franklin Street at Avenue C Applicant: George Diamantis Mr. Richardson told the Commission that the applicant, George Diamantis, wishes to open his restaurant in an existing building. The restaurant would provide seating for up to 60 patrons. Mr. Diamantis is requesting a modification of the landscaping/screening requirements. The site plan in the packet did show a six foot tall wood screening fence on the south and west sides of the property with no required 10 foot landscape strip, as well as only a four foot high picket fence screening the parking lots along the street frontages of Avenue C and Franklin Street. A revised site plan was distributed to the Commission and City Council addressing the Iandscaping issue along the street frontages for the parking lots along Avenue C and Franklin. The revised site plan shows an eight foot tall wood screening fence along the same south and west sides of the property. However, it is still lacking the required 10 foot landscape strip. To provide that landscape strip would negatively affect the parking layout as submitted. Also shown on the revised site plan are comments by the Traffic Engineer's office about widening that driveway that is on Avenue C to a minimum of 22 feet and also making that driveway which would be most near the northeast corner of the subject property to an exit only driveway and signage would need to be shown on that driveway as exit only. Mr. Richardson suggested that approval be made with these stipulations. Seventeen notices were mailed to property owners within 200 feet of the subject property. Four responses in favor and one in opposition were returned to staff. Vice -Chairman Provo opened the public hearing and asked for the applicant's comments. George Diamantis, the applicant, addressed the Commission. In response to Councilman Davis, Mr. Diamantis said he was not planning to sell alcoholic beverages at his restaurant. In response to Commissioner Chisum, Mr. Diamantis said he would be open for lunch and dinner. Vice -Chairman Provo asked for comments in favor or in opposition. No comments were made. Vice -Chairman Provo closed the public hearing. 2 Planning Commission Marckn 16, 1998 Commissioner Dykeman made a motion to approve the specific use permit to allow a restaurant at 1625 Franklin Street as requested in File 1397-P, with a modification to the landscaping and screening requirements by eliminating the 10 foot landscape strip on the south and west sides of the property and subject to the widening of the driveway on Avenue C to a minimum of 22 feet and making the driveway on Franklin nearest the northeast corner of the property an exit only driveway and marking this driveway with an exit only sign. Commissioner Chisum seconded the motion. Motion to approve carried 6:0. 2) File 1398-P: Request for a specific use permit to allow the construction of a one- story office building in an RM-H (Residential Multiple Family Dwelling -Highest Density) District. Location: 2085 Dowlen Road (Lot 1, Winchester West Addition) Applicant: Mark Whiteley and Associates for owner, Herman Iles Mr. Richardson told the Commission and Council that the proposed building will contain 2,300 square feet and will consist of six offices for professionals. The applicant is requesting a modification to the landscaping/screening requirements. An eight foot tall screening fence is currently located along the rear or west property line, but not the required 10 foot landscape strip. The request is to omit the 10 foot landscape strip and to eliminate the required screening along the south property line. Twenty-five notices were mailed to property owners within 200 feet of the subject property. Two responses in favor and none in opposition were returned. Mr. Richardson answered questions from Commissioner Nisby about handicap parking spaces. Vice -Chairman Provo opened the public hearing and asked for the applicant's comments. Don Rao of Mark Whiteley & Associates, Inc., the applicant, addressed the Commission. He said that office uses were planned for Lots 2 and 3. Vice -Chairman Provo asked for comments in favor or in opposition. No comments were made. Vice -Chairman Provo closed the public hearing. Commissioner Bundy made a motion to approve the specific use permit to allow a one-story office building at 2085 Dowlen Road as requested in File 1398-P, with a modification to the landscaping/screening requirements by eliminating the 10 foot wide planted landscape buffer along the rear (west) property line and the perimeter screening along the south property line next to Lot No. 2 of the Winchester West 3 Planning Commission March 16, 1998 Subdivision. Commissioner Dykeman seconded the motion. Motion to approve carried 6:0. 3) File 1399-P: Request for a specific use permit to allow a mortuary and funeral home in a GC -MD (General Commercial -Multiple Family Dwelling) District. Location: 2795-2797 Magnolia and 1065 Wiess Street Applicant: Proctor's Mortuary, Silsbee, Texas Mr. Richardson told the Commission and Council that Proctor's Mortuary of Silsbee wants to open a branch in an existing commercial building on the subject property. The building, built in 1919, was used as a drug store. The mortuary would occupy the first floor of the building. A 16' x 16' preparation room is proposed on the south side of the building. The first floor of the building will be remodeled to a funeral chapel to accommodate 50 seats. Twenty-two 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 Councilmember Smith, Mr. Richardson said that the site plan has been reviewed by the Traffic Engineer and the parking shown is adequate. Vice -Chairman Provo opened the public hearing and asked for the applicant's comments. Reverend W. J. Proctor, the applicant, addressed the Commission. In response to Commissioner Hallmark, Reverend Proctor said he has no plans for the second floor at this time. In response to Commissioner Nisby, Reverend Proctor said he was waiting on the outcome of the meeting before he signed a lease, but it would probably be for not less than five years. Councilman Davis expressed concerns over the appearance of the parking lot. Commissioner Chisum asked if there were any state regulations on the exterior of the proposed preparation room. Reverend Proctor said there were no state regulations. Vice -Chairman Provo asked for comments in favor or in opposition. Arnold Prescott, 1020 Simmons, who owns property near the subject property, made comments regarding existing and proposed parking. Rebuttal by Reverend Proctor. Vice -Chairman Provo closed the public hearing. ►1 Planning Commission March 16, 1998 Commissioner Nisby made a motion to approve the specific use permit to allow a funeral home and mortuary at 2797 Magnolia as requested in File 1399-P. Commissioner Hallmark seconded the motion. Motion to approve carried 6.0. 4) File 1400-P: Request for a specific use permit to allow the construction and operation of a wholesale and retail paint business in a GC -MD (General Commercial -Multiple Family Dwelling) District. Location: North side of College Street (U. S. Hwy. 90), lying 127' east of Dixie Drive Applicant: Murphy Bros. Paint Company, Inc. Mr. Richardson told the Commission and Council that the applicant wants to build a one-story 7,500 square foot showroom and warehouse facility on the subject property. A six foot wide landscape strip is required along the west 70 feet of the south property line. The site plan shows the parking lot going up to the property line. The Highway Department does not wish to see any landscaping on their right -of --way. Based upon that, a modification needs either to be granted to the landscaping requirements if it is the desire of the Commission to approve the request or shift everything on the site plan back six feet. Sixteen notices were mailed to property owners within 200 feet of the subject property. No responses in favor or in opposition were returned to staff. Vice -Chairman Provo opened the public hearing and asked for the applicants comments. Ed Murphy, the applicant, addressed the Commission. Mr. Murphy said that they plan to shift everything on the site plan six feet north. Vice -Chairman Provo asked for comments in favor or in opposition. Milt Prewitt of J. M. Prewitt Company addressed the Commission in favor of the request. Mr. Prewitt represents Union Pacific Railroad Company, owners of the subject property. Vice -Chairman Provo closed the public hearing. Commissioner Bundy made a motion to approve the specific use permit request of File 1400-P to allow the construction and operation of a wholesale and retail paint business on the north side of College Street lying 127 feet east of Dixie Drive with the stipulation that the site plan be revised by shifting everything six feet north. Commissioner Nisby seconded the motion. Motion to approve carried 6:0. planning Commission March 16, 1998 5) File 1401-Z: Request for a zone change from RS (Residential Single Family Dwelling) District to GC -MD (General Commercial -Multiple Family Dwelling) District or a more restrictive commercial district. Location: Shakespeare at Phelan Boulevard, northeast corner Applicant: John Caffery of Century 21 Real Estate Company for the owners Mr. Richardson reminded the Commission that the same request was denied by the Planning Commission in October, 1996. The Planning Commission did approve OP zoning that same year. City Council denied that request. Nineteen notices were sent to property owners within 200 feet of the subject property. Three responses in favor and none in opposition were returned to staff. Vice -Chairman Provo opened the public hearing and asked for the applicant's comments. John Caffery of Century 21 Real Estate, the applicant, addressed the Commission. 1n response to Commissioner Hallmark, Mr. Caffery said he was not aware of the new GC-MD-2 and GC-MD-3 zoning classifications. After Commissioner Hallmark explained the new zoning categories, Mr. Caffery said that GC-MD-2 zoning would be acceptable. Vice -Chairman Provo asked for comments in favor or in opposition. No comments were made. The public hearing was closed. Commissioner Hallmark made a motion to approve a zone change to GC-MD-2 for the property at Shakespeare and Phelan Boulevard for File 1401-Z. Commissioner Chisum seconded the motion. Motion to approve carried 6:0. 6) File 1402-P: Request for a specific use permit to allow the administrative offices of a home health care agency in an RCR (Residential Conservation and Revitalization) District. Property is also located within HC-D2, Oaks Historic District. Location: 2325-2335 Liberty Avenue Applicant: Quality Care Sitter Service, Nancy Carlisle Mr. Richardson stated that the subject property consists of two lots. One lot is occupied by a residential structure and the other is vacant. A proposed eight foot fence will be constructed around the property. Along the east property line and along the west side of the parking lot, there is no room for a 10 foot landscape strip. A request for modification of the landscape screening requirements was asked for by the applicant. 0 Planning Commission March 16, 1998 It was suggested that if the application was approved, it be conditioned upon no parking being allowed in the front yard. More specifically, on the east side of the residential structure is an existing carport with a driveway that goes up to the carport. The Historic District regulations of which this property is located prohibits parking in the front yard. The new proposed parking lot is set back 25 feet which meets the setback requirements. Mr. Richardson said that the suggested condition would take care of any concerns about parking in the driveway on the east side. Twenty-one 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. In response to Commissioner Hallmark, Mr. Richardson said that there was no on - street parking on Liberty. Discussion between Mr. Richardson, the Planning Commission and City Council about signage and parking followed. Vice -Chairman Provo opened the public hearing and asked for the applicant's comments. Nancy Carlisle, the applicant, addressed the Commission. She clarified that she operates a private duty company, not a home health care agency. In response to Councilmember Smith, Ms. Carlisle said that parking will not a problem - they will mail payroll checks. In response to Commissioner Hallmark, Ms. Carlisle said she is aware of all the regulations of the Historic District. Vice -Chairman Provo asked for comments in favor or in opposition. No comments were made. The public hearing was closed. Commissioner Hallmark made a motion to approve the specific use permit request of File 1402-P to allow the administrative offices of a private duty sitter service at 2325 Liberty with a modification to the landscaping regulations by eliminating the 10' wide planted buffer along the west, south and east sides and with the stipulation that parking be prohibited in the driveway on the east side of the property. Commissioner Bundy seconded the motion. Motion to approve carried 6:0. 7) File 1403-P: Request for a specific use permit to allow a company to conduct a wholesale durable goods business consisting of associated offices, training and communication facilities and the storage, assembly, shipping and handling of aerobic treatment plants and other manufactured products used in the wastewater disposal industry. The property is zoned GC -MD (General Commercial -Multiple Family Dwelling) District. Location: 10255 Easiex Freeway (U.S. Hwys. 69, 96 and 287) Applicant: Four Amigos, Limited Partnership, for Hydro -Action 7 Planning Commission March 16, 1998 Mr. Richardson said that the subject property is the site of the old Palace nightclub. Hydro -Action is a business that assembles and ships aerobic treatment plants and other manufactured products used in the wastewater disposal industry. The manufacturing plant for the company is located in Kountze. The Eastex Freeway site will be used for the company's headquarters. 75 % of the building will be used for offices and training facilities and the remaining 25% will be used for small parts assembly. The Traffic Engineer gave conditional approval of the driveways subject to the denial of access from Old Voth Road by large trucks delivering or shipping product. Nineteen notices were mailed to property owners within 200 feet. No responses in favor or in opposition have been returned. Vice -Chairman Provo opened the public hearing and asked for the applicant's comments. Lance Fox of Orgain, Bell and Tucker law firm addressed the Commission on behalf of the applicant. He explained the proposed use of the building and the possible future construction of a warehouse. Vice -Chairman Provo asked for comments in favor or in opposition. No comments were made. The public hearing was closed. Commissioner Hallmark made a motion to approve the specific use permit of File 1403-P for a wholesale durable goods business in the existing building at 10255 Eastex Freeway, including a future warehouse, with the stipulation that no access for large trucks be permitted from Old Voth Road. Commissioner Bundy seconded the motion. Motion to approve carried 6:0. 8) File 572-OB: Request to consider amendments to Section 30-21.2 (g) (1) h, Color and Section 21.2 (g) (1) j, Facade Materials, of the City of Beaumont Zoning Ordinance. Applicant: City of Beaumont Planning Division Mr. Richardson said that for some time, the enforceability of that section of the ordinance that deals with paint colors in the historic district has been in question. The Historic Landmark Commission has recommended approval of an acceptable color range that could be approved by staff. Anything out of that range would require approval by the Historic Landmark Commission. In addition, the ordinance is amended to require that a certificate of appropriateness be required for painting and to allow fiber cement siding products that look like wood siding as an acceptable facade material. Planning Commission March 16, 1998 Commissioner Chisum made a motion to approve amendments to Section 30-21.2 (g) (1) h, Color and Section 21.2 (g) (1) j, Facade Materials, of the City of Beaumont Zoning Ordinance as requested in File 572-OB. Commissioner Bundy seconded the motion. Motion to approve carried 4:1 (Dykeman):I (Hallmark). OTHER BUSINESS THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED. G1