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HomeMy WebLinkAbout10-21-96 PC MinutesREGULAR MEETING AND JOINT PUBLIC HEARING PLANNING COMMISSION AND CITY COUNCIL October 21, 1996 Civic Center Meeting Rooms A Regular Meeting and Joint Public Hearing of the Planning Commission and City Council was held on October 21, 1996 with the following members present: Chairman Laurie Leister Vice -Chairman Marva Provo Commissioner Sally Bundy Commissioner Bessie Chisum Commissioner Dohn LaBiche Commissioner Bill Lucas Commissioner Cleveland Nisby Councilmembers present: Mayor David W. Moore Mayor Pro -Tern Andrew Cokinos Councilmember-at-Large Becky Ames Councilmember Lulu Smith Councilmember Guy Goodson Councilmember John Davis Councilmembers absent: Councilmember Bobbie Patterson Also present: Stephen Richardson, Planning Director; Tom Warner, Public Works Director; Murray Duren, Senior Planner; Tyrone Cooper, First Assistant City Attorney; Maria Trapp, Planning Technician; and Jill Cole, Recording Secretary APPROVAL OF THE MINUTES Commissioner LaBiche made a motion to approve the minutes of the September 16, 1996 Regular Meeting and Joint Public Hearing. Motion was seconded by Commissioner Bundy. Motion to approve carried 7:0. PlanningCommission October 21, 1996 REGULAR MEETWQ 1) Preliminary Plat -Pecan Place, Unit 2: Consider the preliminary plat of Pecan Place, Unit 2; 3.72 acres, Lots 1 and 2, Block 1 and Lots 1 and 2, Block 2. Applicant: Fittz and Shipman for Nichols Development Company Mr. Richardson said that the property is to be developed as townhouses. The property is located east of Major Drive, north of Gladys. As part of this Phase Two development, Rosewood Street will be widened to a 55' right-of-way with a proposed 32' pavement. Pecan Drive will be narrowed to a 50' right-of-way. This is all a result of the reassigning of street classifications within this development. Pecan Drive within Phase One and Rosewood Drive will become collector streets. There is also a T wide non - access easement along that portion of Lot 2 that will abut the proposed Delaware Street. The applicant is asking for a waiver of the temporary cul-de-sac requirement for Pecan Drive. Pecan Drive is proposed to be extended within two years. Mr. Richardson recommended approval of the preliminary plat and a waiver of the temporary cul-de-sac requirement. Chairman Leister asked for the applicant's comments. John Holm with Fittz and Shipman, the applicant, addressed the Commission. Commissioner Bundy made a motion to approve the Preliminary Plat of Pecan Place, Unit Two as requested. Commissioner Lucas seconded the motion. Motion to approve carried 7:0. JOINT PUBLIC HEARING Mayor Moore called the Joint Public Hearing of October 21, 1996 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 1329-P: Request for a specific use permit to allow a new church in an RS (Residential Single Family Development) District for 150 church members. Location: East side of 23rd Street, 496 ft. south of Cartwright Avenue. Applicant: Unity Church of Beaumont 2 PlanningCommission oclober 21, 1996 Mr. Richardson told the Commission and Council that the church proposes a 4,500 sq. ft. one story structure in Phase One on this 10.29 acre tract. Phase One will include a sanctuary, offices, library, classrooms and parking. Phase Two will include an additional structure of 5,000-5,500 sq. ft. to also be used for church purposes. The site plan shows one driveway for ingress and egress to 23rd Street. Traffic Engineering suggested that the driveway be moved to the south to improve internal circulation. Mr. Richardson recommended approval of the request, subject to the church meeting the landscaping requirements for the north side of the property meaning either an S' fence and 10' landscape strip or a 30' wide landscape buffer installed as per the ordinance along the north property line and that all the parking shown on the site plan be constructed as part of Phase One. Mr. Richardson also recommended a waiver of any additional landscape buffers or fencing on the south and east sides of the property. Eleven notices were mailed to property owners within 200 feet. The Planning Division received no responses in favor or in opposition, but was given a letter expressing opposition from the South 23rd Street Neighborhood Association. Discussion between Commissioner Nisby and Mr. Richardson regarding other available property that would not require a zone change followed. Chairman Leister opened the public hearing and asked for the applicant's comments. Don Eckols, the architect representing Unity Church, addressed the Commission. Discussion followed between Commissioner Nisby and Mr. Eckols concerning other available property, like the Milam and 23rd Street location, which is already zoned commercial and high density and would not require a zone change [SIC]. Mr. Eckols said they considered that property, but the proposed location is a much better value than any other property they looked at. Commissioner Lucas asked Mr. Eckols if they had talked to any of the neighbors about the proposal. Mr. Eckols said they spoke to some of the neighbors last year, but were not aware of any opposition until the meeting. 3 PlanningCommission October 21, 1996 Chairman Leister asked for comments in favor. Speaking in Favor Elinor Ellis, 4075 Laurel #73, Beaumont, Texas. Ms. Stephens, 5755 Meadow Way, Beaumont, Texas. Chairman Leister asked for comments in opposition. Speaking in Opposition Ernest Rollins, 4745 Bolivar, Beaumont, Texas. Richard Price, 4725 Corley, Beaumont, Texas. Dora Nisby, 4520 Corley, Beaumont, Texas. Rebuttal by Don Eckols followed. Chairman Leister closed the public hearing. Commissioner Nisby made a motion to deny the specific use permit request as stated in File 1329-P. Commissioner Provo seconded the motion. Motion to deny carried 6:0:1 (abstention by Commissioner Bundy). 2) File 1330-ZIP: Request for a zone change from RM-M (Residential Multiple Family Dwelling -Medium Density) to RM-H (Residential Multiple Family Dwelling -Highest Density) and a specific use permit application for two office buildings. Location: 7800 block of Gladys Avenue Applicant: Ronnie Anderson for Anderson-Guseman Enterprises Mr. Richardson stated that the 0.60 acre tract is located on the north side of Gladys between Shakespeare and Galway. The proposed one-story office buildings will be 2,725 sq. ft. and 2,690 sq. ft. The proposed access to the property will consist of three driveways off of Gladys. Traffic Engineering looked at this and recommended fewer curb cuts, however the proposed plan as shown is such so as to separate the employee and customer parking as they enter and exit the property. The two employee parking lots would be to the far east and west and the customer parking would be in the middle. 4 PlanningCommission Oclober 21, 1996 Staff felt that the proposed development will be compatible with the immediate neighborhood. This area is a mixture of residential, office and other uses... townhouse developments, apartments, gymnastic studio, office structures and single family dwellings. Mr. Richardson recommended approval of the zone change and specific use permit request, subject to the site plan meeting all required landscaping requirements. Fifty notices were mailed to property owners within 200 feet of the subject property. Thirty responses in favor and none in opposition were returned. Chairman Leister opened the public hearing and asked for the applicant's comments. Joe Pattie with Dartez, Carroll and Blackman addressed the Commission on behalf of Anderson- Gusem an Enterprises, the applicant. Chairman Leister asked for comments in favor or in opposition. Speaking in Favor Sam Parigi, 445 N. 14th Street, Beaumont, Texas. Ronnie Anderson with Anderson-Guseman spoke in favor. Mr. Anderson answered questions from Commissioner Lucas concerning driveways. No comments in opposition were made. Chairman Leister closed the public hearing. Commissioner Bundy made a motion to approve the zone change and specific use permit request of File 1330-ZIP, subject to the site plan meeting all required landscaping requirements. Commissioner Lucas seconded the motion. Motion to approve carried 7:0. 3) File 1331-Z: Request for a zone change from RS (Residential Single Family Dwelling) to GC -MD (General Commercial -Multiple Family Dwelling), or a more restrictive district. Location: 120 Shakespeare at Phelan Boulevard Applicant: John Caffery of Century 21 Real Estate Company for the owners. 5 PlanningCommission October 21, 1996 Mr. Richardson told the Commission and Council that the request consisted of two parcels of land totalling 0.51 acres. The property is located at the northeast corner of Phelan and Shakespeare. This area north of Phelan is zoned R-S, RM-M and RM-H. GC -MD zoning is located to the south of the subject property south of Phelan. The Comprehensive Plan designates this area as a stable area. Staff doesn't feel that the request is in conformance with the Comprehensive Plan, Mr. Richardson recommended denial of the request. Nineteen notices were mailed to property owners within 200 feet of the subject property. Two responses in favor and one in opposition were returned. Chairman Leister opened the public hearing and asked for the applicant's comments. John Caffery with Century 21 Real Estate, the applicant, addressed the Commission. In response to a question from Commissioner LaBiche, Mr. Caffery said he did not have a tenant yet. Chairman Leister asked for comments in favor or in opposition. Speaking in Opposition Richard Baker, 7535 Wickersham Place, Beaumont, Texas. Peggy Adams, 150 Shakespeare, Beaumont, Texas. Karl Delooff, 7520 Wickersham Place, Beaumont, Texas. Rebuttal by Mr. Caffery followed. Chairman Leister closed the public hearing. Commissioner LaBiche made a motion to deny the zone change as requested in File 1331-Z. Commissioner Nisby seconded the motion. Motion to deny carried 7:0. 4) File 561-OB: Changes to the following sections of the Beaumont Zoning Ordinance: C PlanningCommission October 21, 1996 1. Article II, Section 30-24 (b), Permitted Use Table, to add or delete uses now permitted by right or with a specific use permit in certain zoning categories; 2. Article II, Section 30-25 (b), District Area and Height Regulations, to amend the allowable density for multiple family developments in a GC -MD District; 3. Article III, Section 30-26 (g), Specific Use Permits -Time Limits, to amend time Iimits. 4. Article III, Section 30-29 (a), Planned Unit Development Standards and Requirements -General Plan, to remove or amend the required three-quarter (3/4) City Council vote in order to approve a PUD site plan that was disapproved by the Planning Commission; 5. Article III, Section 30-30 (d) 3, Non -Conforming Uses -Exemptions, to delete this section which allows one specific use permit to be changed to another without obtaining another specific use permit in the RCR District; 6. Article III, Section 30-33, Special Conditions, to add sub -section (b) (23) to require a specific use permit for certain properties or developments in the GC -MD District. 7. Article IV, Section 30-40 (0, Changes, Amendments and Specific Use Permits -Time for Action, to delete the automatic approval process of a specific use permit if City Council takes no action within sixty days. Mr. Richardson told the Commission that he would give the staff report on each of the seven items individually and then open it up for discussion after each one. 1. Article II, Section 30-24 (b), Permitted Use Table, to add or delete uses now permitted by right or with a specific use permit in certain zoning categories and deleting the CSC (Community Shopping Center District). In addition, future zone changes to GC -MD for properties of one or more acres in size would also be required to obtain a specific use permit prior to development. The proposal to delete the CSC district is basically a "housekeeping" measure. There are no properties zoned CSC. The last property with that zoning category was where the new Wal-Mart is located and prior to the development, they came in and requested rezoning to GC -MD (1994). There has been very little need for CSC (Community Shopping Centers), the uses that are now permitted in CSC are permitted in GC -MD. As far as the uses are concerned, CSC is a little more restrictive. N PlanningCommission October 21, 1996 Concerning specific use permits and the requirements thereof in a GC -MD district, staff has seen the Planning Commission and City Council struggle with a number of difficult zoning decisions. These cases have been, more often than not, concerning GC -MD zoning. Therefore, staff has some recommendations that would help the Commission and Council in the decision making process. In addition, it was staff's desire to promote orderly development by addressing the potential impacts that larger developments might have on surrounding properties. Staffs original recommendation for specific use permits in a GC -MD district would have affected both existing GC -MD properties and future requests for GC -MD zoning. Staff notified approximately 4,500 property owners who have property zoned GC -MD to make them aware of these proposed changes. Due to the overwhelming amount of concern expressed over this requiring a specific use permit and how it could affect the GC -MD properties, staff would now like to offer an alternative recommendation. That recommendation would be for properties for one acre or more in size and it would only be applicable when someone was requesting a rezoning to GC -MD. Again, it would only affect properties after the effective date of this ordinance if the City Council so adopts. The proposed amendment would be that property of one acre or more in size which is rezoned to GC -MD after the effective date of this ordinance may not be developed for any use without obtaining a specific use permit. The size of the property shall be determined by including all contiguous property under single ownership. What this means is that all existing GC -MD would be grandfathered in and would not fall under this new special condition. If this special condition is approved, then any rezoning requests for GC -MD after the effective date would at time of development be required to get a specific use permit. Staff feels that this new recommendation is a logical compromise and in that it would leave all the existing GC -MD alone, however staff thinks it would help the Commission and Council in their consideration of any future rezoning requests. Discussion between City Council, Planning Commission and staff followed. Chairman Leister opened the public hearing and asked for comments in opposition. Sam Parigi, 445 N. 14th St., Beaumont, Texas addressed the Commission. Commissioner Bundy asked if staff could separate each amendment. PlanningCommission October 21, 1996 Bob Burns, 290 Dowlen Road, Beaumont, Texas addressed the Commission. Mr. Burns said he counted 119 specific use permit changes. He commented that 119 was a lot to separate. Commissioner LaBiche made a motion to table discussion on the SIC table until a later date. Mr. Richardson suggested starting with items 2-7 and discuss item 6 and the Permitted Use Table together. Chairman Leister asked Commissioner LaBiche if he wanted to withdraw his motion. Commissioner LaBiche said he did not want to withdraw his motion because he felt that there was too much information to discuss at one time. Commissioner Chisum seconded Commissioner LaBiche's motion to table discussion of the Permitted Use Table. Motion to table carried 6:1. Mayor Moore asked how long this item would be tabled. Councilman Goodson said he felt that a special meeting was needed to discuss this item only. Mr. Richardson suggested a workshop, open to the public, be scheduled for Monday, October 28, 1996 at 3 p.m. in the Council Chambers at City Hall. Discussion followed concerning recessing the hearing and continuing at the November 18 Joint Public Hearing. Mayor Moore recommended that public comments be heard today. Speaking on File 561-OB Bill Clark, 2975 N. 11th Street, Beaumont, Texas. James Parker, 3240 Hwy. 1132, Orange, Texas. Mr. Parker's mother owns 21 acres in Beaumont. Mrs. Kory, 5280 LaBelle Road, Beaumont, Texas. Don DeCordova, 210 Stedman Building, Beaumont, Texas. X Plan n 1 ngCornmission Oclober 21, 1996 Annie Lee Londo, 1440 Grant, Beaumont, Texas. Herman Quinton, 3475 S. 11th St., Beaumont, Texas. Jessie Mae CostilIa, 1225 Condon, Beaumont, Texas Lynn DeMary, 430 E. Elgie, Beaumont, Texas. Fred Sessions, property owner, Sabine Pass @ Flowers, Beaumont, Texas. C. L. "Sonny" Sherman, 2970 Washington Blvd., Beaumont, Texas. Bill Wilson, 2615 Calder, Beaumont, Texas. Leon Lognion, 2730 E. Lucas, Beaumont, Texas. A workshop to discuss File 561-OB was set for Monday, October 28, 1996 at 3 p.m. in the City Council Chambers, City Hall, 801 Main Street. The workshop will be open to the public. The public hearing on File 561-OB was set to be continued at the November 18, 1996 Joint Public Hearing at 3:45 p.m. OTHER BUSINESS THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED. 10