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HomeMy WebLinkAbout1-5-98 PC MinutesJOINT PUBLIC HEARING PLANNING COMMISSION AND CITY COUNCIL January 5, 1998 City Council Chambers A Joint Public Hearing of the Planning Commission and City Council was held on January 5, 1998 with the following members present: Commission members present: Chairman Laurie Leister Vice -Chairman Marva Provo Commissioner Sally Bundy Commissioner Bessie Chisum Commissioner Greg Dykeman Commissioner Dale Hallmark Commissioner Dohn LaBiche Commissioner Bill Lucas Commissioner Cleveland Nisby Councilmembers present: Mayor David W. Moore Mayor Pro-Tem Becky Ames Councilmember-at-Large Andrew Cokinos Councilmember Lulu Smith Councilmember Guy Goodson 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 December 15, 1997 Joint Public Hearings. Motion was seconded by Commissioner LaBiche. Motion to approve carried 7:0. Planning Commission January 5, 1998 JOINT PUBLIC HEARINGS Mayor Moore called the Joint Public Hearing of January 5, 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 571-OB: Changes to the following sections of the Beaumont Zoning Ordinance: 1. Article II, Section 30-5 (a), Zoning District Establishment, to add GC-MD-2, General Commercial Multiple -Family Dwelling District and GC-MD-3, General Commercial Multiple -Family Dwelling District; 2. Article II, Section 30-5 (a), Zoning District Establishment, Article II, Section 30-14 and Article II, Section 30.24 (b), District Regulations, to delete CSC, Community Shopping Center, District Regulations; 3. Article I1, Section 30-15.1 and Article II, Section 30-24 (b), District Regulations, to add GC-MD-2, General Commercial -Multiple Family Dwelling-2, District Regulations; 4. Article II, Section 30-15.2 and Article II, Section 30-24 (b), District Regulations, to add GC-MD-3, General Commercial Multiple Family Dwelling-3, District Regulations; 5. 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; 6. Article II, Section 30-25 (b), (c) 3, (c)16, District Area and Height Regulations, to add area and height regulations for GC-MD-2 and GC-MD-3; 7. Article III, Section 30-26 (g), Specific Use Permits - Time Limits, to amend when a use shall be allowed to commence and to allow the change of one specific use permit to another without obtaining another specific use permit under certain conditions in all districts except RCR; 8. Article III, Section 30-28 (c) 3, Owner Identification Signs in Commercial and Industrial Districts, to add GC-MD-2 and GC-MD-3; 9. 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; 10. Article III, Section 30-30 (d) 3, Non -Conforming Uses - Exemption, 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; 11. Article III, Section 30-31(b) 1, Perimeter Landscaping and Screening, to delete the exemption of perimeter landscaping and screening when districts are separated by railroad right-of-way, drainage ditch or canal with a minimum easement of thirty (30) feet; 12. Article III, Section 30-31 (d) 1, Landscaping Bonus Provisions, to add GC- MD-2 and GC-MD-3 Districts; 2 Planning Commission January 5. 1998 13. Article III, Section 30-33 (b) 2d, Special Conditions, to delete this section concerning requiring a specific use permit in a GC -MD District; 14. Article III, Section 30-33 (b) 17, Special Conditions, to add GC-MD-2 and GC-MD-3; 15. Article III, Section 30-33 (b) 23, Special Conditions, to add that SIC Group numbers 15, 16 and 17 are permitted by right if there is no fabrication or outside storage or repair. 16. Article III, Section 30-33 (b) 19, Special Conditions, to add GC-MD-2 and GC-MD-3; 17. Article IV, Section 3040 (f), 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 60 days; Mr. Richardson said that because there are instances when the Planning Commission and City Council and possibly even surrounding neighborhoods are uncomfortable with a proposed land use, staff proposed some changes to the Zoning Ordinance that hopefully would address that problem. Due to some opposition at that time to the proposed changes, City Council appointed a 15 member committee - the Zoning Development Review Committee - to work with staff in developing some recommendations. After a number of meetings over several months and many hours of discussion, the Committee came up with some recommendations. The Committee wanted to provide some options for all parties involved when a property is proposed to be developed. The recommended solution was to create two new commercial districts that would allow flexibility for both the property owner and the Planning Commission and Council. The GC -MD district that is now in the Zoning Ordinance will be left intact. However, if the property owner is advised that they might meet some opposition from the neighbors or the Planning Commission or City Council in a zone change request, they would have the option to go with one of the other two GC -MD districts or if so desired, they could even request NC (Neighborhood Commercial), OP (Office Park) or NSC (Neighborhood Shopping Center) Districts. The information is divided into three parts: Part I shows the proposed changes to the text of the Zoning Ordinance; Part 11 shows the proposed changes to the Permitted Use Table and Part III is an explanation of those proposed changes to the Permitted Use Table. Mr. Richardson reviewed the proposed changes to the Zoning Ordinance text as written in Part I. PART I 1) Article 11, Section 30-5 (a): Zoning District Establishment RECOMMENDATION: Add GC-MD-2 and GC-MD-3 to the list of zoning districts. Delete CSC from the list of zoning districts. 3 Planning Commission January S, 1998 2) Article II, Section 30-14: District Regulations RECOMMENDATION: Delete CSC from the definitions of zoning districts. 3) Article II, Section 30-15.1: District Regulations RECOMMENDATION: Add GC-MD-2 to the definitions of zoning districts. 4) Article 1I, Section 30-15.2: District Regulations RECOMMENDATION: Add GC-MD-3 to the definitions of zoning districts. 5) Article II, Section 30-24 (b): Permitted Use Table RECOMMENDATION: Delete CSC and all permitted uses in this district from the Permitted Use Table (See Part 2). 6) Article II, Section 30-24 (b): Permitted Use Table RECOMMENDATION: Add GC-MD-2 and all permitted uses in this district to the Permitted Use Table (See Part 2). 7) Article II, Section 30-24 (b): Permitted Use Table RECOMMENDATION: Add GC-MD-3 and all permitted uses in this district to the Permitted Use Table (See Part 2). S) Article II, Section 30-24 (b): Permitted Use Table RECOMMENDATION: Added or deleted uses now permitted by right or with a specific use permit in certain zoning districts (See Part 2). 9) Article II, Section 30-25 (b): District Area and Height Regulations RECOMMENDATION: if GC-MD-2 and GC-MD-3 are added to the Zoning Ordinance, then they also need 4 Planning Commission January 5, 1998 to be added to the area and height regulations. NOTE: Currently, in GC - MD and the proposed GC-MD-2, there would be no height limitation. Under GC- MD-3, there would be a 35' height limitation. 10) Section 30-26 (g): Time Limit Mr. Richardson said that the way the ordinance is written now, the applicant has up to two years to substantially meet all the conditions for a specific use permit. There have been instances where an applicant has received a specific use permit and a certificate of occupancy to operate a business and up to two years there are still some conditions that he maybe has not met. The recommendation is that the ordinance be amended to read that prior to commencement of the use and the issuance of a certificate of occupancy, all conditions of the specific use permit must be met. The second part of the section reads that once a specific use permit is either vacated or is closed for a period of two years or is changed to a different use, the specific use permit becomes null and void. The Zoning Development Committee had many discussions on this and members in the financial community expressed concern that if money is lent for businesses requiring specific use permits what would happen if those uses are stopped and another use is put in the building. The way the ordinance reads now is that they would have to go back before Council and get another specific use permit. The Committee recommended if the use is closed or vacated for a period of two or more years then it has to go back through the process. In addition, if a use changes to another and is not substantially different, then they would not have to go back through the process. 11) Article III, Section 30-28 (c) 3: Owner Identification Signs in Commercial and Industrial Districts RECOMMENDATION: If GC-MD-2 and GC-MD-3 are added to the zoning districts, they need to be added to this sign section. 12) Section 30-29 (a): General Plan RECOMMENDATION: Currently in this section for a Planned Unit Development, it now states that Council cannot approve a general plan that has not been recommended by the 5 13) 14) 15) 16) 17) Planning Commission January 5, 1998 Planning Commission except by a favorable vote of 3/4 of all members of Council. The Committee recommended that the 3/4 favorable vote be deleted. Section 30-30 (d) 3: RCR Mr. Richardson said that currently the ordinance states that in an RCR district, a use that is permitted with a specific use permit can change to another use with a specific use permit without having to go through the process. The recommendation is that this section be deleted, so if you are in a RCR district, you would have to go back through the process each time if you were changing uses. Section 30-31 (b) 1: Perimeter Landscaping and Screening RECOMMENDATION: (b) 1. Perimeter Landscaping and Screening: It was recommended that the part stating that "The provisions of this paragraph stated within this section shall not apply where districts are separated by a railroad right -of --way, drainage ditch or canal with a minimum easement of 30 feet. Article III, Section 30-31 (d) 1: Landscaping Bonus Provisions RECOMMENDATION: If GC-MD-2 and GC-MD-3 are added to the zoning districts, they also need to be added to the Landscaping Bonus Provisions. Article III, Section 30-33 (b) 2d: Special Conditions RECOMMENDATION: Delete adult entertainment uses permitted with a specific use permit in GC -MD, CBD and PUD districts. Article III, Section 30-33 (b) 17: Special Conditions RECOMMENDATION: If GC-MD-2 and GC-MD-3 are added to the Zoning Ordinance, they also needed to be added to this section dealing with veterinary services and clinics. Z 18) 19) 20) Planning Commission January 5, 1998 Section 30-33 (b) 19e: Special Conditions RECOMMENDATION: If GC-MD-2 and GC-MD-3 are added to the Zoning Ordinance, GC-MD-2 only would need to be inserted into this section dealing with residential care facilities. It was recommended that residential care facilities not be allowed in GC-MD-3 districts. Section 30-33 (b) 23: Special Conditions RECOMMENDATION: Add special condition 23 dealing with the SIC Groupsl5-17 which relate to contracting and building construction type businesses. The Committee wanted to create a new condition that would permit them by right when there is no outside fabrication or repair. Section 30-40 (f): Time for Action RECOMMENDATION: Currently the ordinance states that if no action is taken by City Council within 60 days of a public hearing on a specific use permit then it is automatically approved. For zone changes, the ordinance now states that if no action is taken by Council within 60 days of the public hearing it is automatically denied. OA It is recommended that both zone changes and specific use permits be made the same - where the ordinance would state that if be no action is taken by Council within 60 days of the public hearings on either specific use permits or zone changes, they would be denied. Planning Commission January 5, 1998 PART II Mr. Richardson reviewed the changes made to the SIC table: SIC Groups 15 - 17 (page 2) - Building construction- General contractors: Added Special Condition 23 to read that if there was no outside activity or fabrication, then that use would be permitted by right. SIC Group 4724 (page 7) - Travel agencies: Currently they fall under the Transportation Services group (#47); changed to separate them into a separate category. SIC Group 5942 (page 10) - Book Stores (Adult): Amended to include gifts and novelties. SIC Group 702 (page 11) - Rooming and Boarding Houses: Change to require a specific use permit under RM-M, RM-H and RCR districts. SIC Group 8361 (page 19) - Residential care facilities: Added to require a specific use permit in RM-H, RCR, GC-MD-2 and PUD Districts for halfway homes for delinquents and offenders. Mr. Richardson introduced Rob Clark, Chairman of the Zoning Development Committee. Rob Clark addressed the Planning Commission and City Council. Chairman Leister opened the public hearing and asked for comments in favor or in opposition. Mr. Sam Parigi, Zoning Development Committee member, clarified that the 60 day time limit can be extended. Mr. C. L. Sherman, 3010 Washington Blvd., asked where in the City are the new GC-MD-2 and GC-MD-3 areas. Mr. Richardson replied that it is not the intent of the City to rezone areas to GC-MD-2 and GC-MD-3, but rather have it available for when a applicant so desires. Discussion between Council, Planning Commission and staff regarding the term "substantially different". Mr. Don DeCordova, Zoning Development Committee member, addressed the Planning Commission. He said that the Committee felt comfortable with letting the Planning Director decide whether or not a use was close enough in character and 93 Planning Commission January 5, 1998 scope to operate under a previously granted specific use permit to use the word "substantial" in connection with different. The Planning Director is given authority in the Subdivision Ordinance and Zoning Ordinance to approve minor plats and minor variances in specific use permits. Mr. DeCordova said that the development community feels comfortable that they can talk to Mr. Richardson if they have a slightly different use for a property than the one for which the permit was granted. Mr. Sam Parigi said that he agreed with Mr. DeCordova and he thinks that the word substantial should be approved. Commissioner Lucas agreed with the Committee on the phrase "substantially different" and added that an applicant always has the right to appeal. Mr. Lynn DeMary addressed the Commission. Further discussion between the Commission followed. The Planning Commission voiced their trust in the Planning Director and his judgement. Councilman Davis said that even though he feels comfortable with Mr. Richardson's judgement and discretion, he feels that the position has a lot of authority and raised the question of possibly a new Planning Director coming in and not having the same thoughts and judgement. Mayor Moore added that an appeal process is available and our job is to encourage and promote business. Chairman Leister closed the public hearing Commissioner Bundy made a motion to approve the recommendations to the Zoning Ordinance as requested in File 571-OB. Commissioner LaBiche seconded the motion. Discussion between staff and the Commission clarifying some of the proposed recommendations. Motion to approve carried 9:0. OTHER BUSINESS Mr. Richardson introduced a map exhibit showing four specific areas in the ET.I that were under consideration for possible annexation. Staff has been working on 0 Planning Commission Jamary 5, 1998 defining the areas and writing legal descriptions. One of the areas being considered, at the request of the property owner, is at the southeast corner outside the city and includes a tract which contains the "Baby Dolls" adult entertainment club. The entire area from Highway 69 to West Port Arthur Road is being looked at. Also, the DDN6 property and spoil area between Dishman and Phelan along Keith Road, city owned tracts south of the landfill to the middle of the Neches River. Discussion followed. THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED. 10