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HomeMy WebLinkAbout11-17-97 PC MinutesI MINUTES JOINT PUBLIC HEARINGS PLANNING COMMISSION AND CITY COUNCIL November 17, 1997 City Council Chambers Joint Public Hearings of the Planning Commission and City Council were held on November 17, 1997 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 Dohn LaBiche Commissioner Bill Lucas Commissioner Cleveland Nisby Commission members absent: Chairman Laurie Leister Councilmembers present: Mayor David W. Moore Councilmember-at-Large Andrew Cokinos Councilmember Bobbie Patterson Councilmember Lulu Smith Councilmember John Davis Councilmembers absent: Mayor Pro -Tern Becky Ames Councilmember Guy Goodson Also present: Stephen Richardson, Planning 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 Bundy made a motion to approve the minutes of the November 3, 1997 Regular Meeting. Motion was seconded by Commissioner Hallmark. Motion to approve carried 7:0. Pluming Connnission November 17, 1997 JOINT PUBLIC HEARINGS Mayor Moore called the Joint Public Hearings of November 17, 1997 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 1378-Z: Request for a zone change from RM-H (Residential Multiple Family Dwelling -Highest Density) to NC (Neighborhood Commercial) District Location: Southwest corner of Gladys Avenue and Galway Drive Applicant: Don Strecty Mr. Richardson told the Commission that the subject property at 8155 Gladys is currently occupied by a horticultural specialties business. The zoning of the property that the business sits on is split, part of it is NC and part is RM-H. Properties to the east and west of the subject property are developed with commercial uses. The current business does have a specific use permit under the RM-H zoning classification. Thirty notices were mailed to property owners within 200' 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. Don Streety, the applicant, addressed the Commission. Vice -Chairman Provo asked for comments in favor or in opposition. (Commissioner LaBiche arrived.) Jimmy Thomas, 1390 Galway, asked for clarification on what is permitted in an NC district. After receiving an explanation of permitted uses, Mr. Thomas said he was opposed to the request because he feels that the change would allow uses that he considered to be incompatible with the neighborhood. Charles Starcke, 7090 Limerick, spoke in opposition to the request. He also expressed concerns over incompatible uses that may be allowed under the NC district. Rebuttal by Mr. Streety followed. Vice Chairman Provo closed the public hearing. 2 Planning Commission November 17, 1997 Commissioner Nisby made a motion to deny the zone change to NC for the property at 8155 Gladys as requested in File 1378-Z. Commissioner Lucas seconded the motion. Motion to deny carried 8:0. 2) File 1379-Z: Request for a zone change from HI (Heavy Industrial) to RM-H (Residential Multiple Family Dwelling -Highest Density) District. Location: South of Fannin between Goliad and the Santa Fe Railroad right-of-way Applicant: Nathaniel H. McGinnis, Sr. Mr. Richardson told the Commission and Council that the applicant is requesting this rezoning in order to use the land for residential development. RM-H zoning is located to the east and south of that unimproved portion of Forsythe. Due to the size and location of this property, it is doubtful that it will ever develop in the future as industrial. Rezoning this property would add to the stability of the adjoining neighborhood and allow the owner to develop his property in a manner beneficial to the surrounding neighborhood. Thirteen notices were mailed to property owners within 200 feet of the subject property. One response in opposition and none in favor were returned. Vice -Chairman Provo opened the public hearing and asked for the applicant's comments. Nathaniel McGinnis, the applicant, addressed the Commission. Vice -Chairman Provo asked for comments in favor or in opposition. No continents were made. Vice -Chairman Provo closed the public hearing. In response to Commissioner Lucas, Mr. Richardson said that there is a railroad to the west of the subject property. Commissioner Bundy made a motion to approve the zone change request to RM-H for the property on Goliad, south of Fannin as stated in File 1379-Z. Commissioner LaBiche seconded the motion. Motion to approve carried 8:0. 3) File 1380-Z: Request for a zone change from LI (Light Industrial) to RS (Residential Single Family Dwelling), RCR (Residential Conservation and Revitalization) and GC - MD (General Commercial -Multiple Family Dwelling) District. Location: North side of the 1700-1800 blocks of Calder, 1700-1800 blocks of McFaddin, 1700-1800 blocks of North, 1700-1800 blocks of Hazel, 1800 block and the north side of the 1900 block of Harrison, 1800-1900 blocks of Long, 1900 block and the north side of the 2000 block of Ashley and the 2000 block of Evalon Applicant: City of Beaumont Planning Division 3 Planning Conunission November 17, 1997 Mr. Richardson told the Commission and Council that the Planning Division has conducted a zoning study for that area of Old Town between Calder and Evalon and First and Third, Fourth and Fifth Streets. This study indicated that the LI zoning does not reflect the existing land uses nor the direction of development that is occurring in the Old Town area. The majority of land in the area is used for single family uses. Most of the multi -family and commercial development occurs from just north of North Street to Calder. This rezoning will protect existing land uses and will allow new development which is compatible to these existing land uses. The recommendation that staff made is that the property from Evalon to just north of North Street be rezoned to RS and from just north of North Street down to just north of Calder to RCR and the Calder frontage to GC -MD. Ninety-one notices were sent to property owners within 200 feet of the subject property. Two responses in favor and three in opposition have been returned. Vice -Chairman Provo opened the public hearing and asked for comments in favor or in opposition. Speaking in Favor Jack Carville, 2188 North Street, addressed the Commission in favor of the rezoning. David Bradley, 615 N. 5th Street, addressed the Commission in favor of the request. Speaking n Opposition Henry Pressler, 3930 Bayou, addressed the Commission in opposition to the request. Mr. Pressler owns the property at 1801 North Street and feels that the only use for the vacant building that is there now would be light commercial. Valerie Kelly, 2405 Louisiana, addressed the Commission and asked for clarification of the request. She owns a business on First Street and wondered if she could continue operating the business if the zone change were granted. Mr. Richardson explained that all existing business would be grandfathered in, In response to Councilman Davis, Mr. Richardson read the three responses that were returned in opposition. Vice -Chairman Provo closed the public hearing. :l Maiming Commission November 17, 1997 Commissioner Hallmark made a motion to approve the zone change to RS, RCR and GC -MD for the subject property as requested in File 1380-Z. Commissioner Bundy seconded the motion. Motion to approve carried 8:0. 4) File 1381-P: Request for a specific use permit to allow a dog and cat grooming shop in a GC -MD (General Commercial -Multiple family Dwelling) District. Location: 2411 CaIder Avenue Applicant: Kelly Markham, dba "Hollywood Clips" Mr. Richardson told the Commission and Council that the business is located in an existing lease space and will cater to small animals. All activities will be conducted inside and there will be no overnight boarding of animals. If the application is approved, it is suggested that approval be granted subject to providing one parking space for the disabled. Parking for the business is located behind the building and there will be adequate space, Nineteen notices were mailed 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 applicants comments. The applicant was not present. Vice -Chairman Provo asked for comments in favor or in opposition. No comments were made. The public hearing was closed. Commissioner Chisum made a motion to approve the specific use permit to allow a dog and cat grooming business at 2411 Calder subject to the applicant providing one parking space for the disabled. Commissioner Lucas seconded the motion. Motion to approve carried 8:0. S) File 1382-Z: Request for a zone change from NC (Neighborhood Commercial) to GC - MD (General Commercial -Multiple Family Dwelling) District. Location: 3102 Park at the southwest comer of Euclid and Park Applicant: Calvin Spikes Mr. Richardson told the Commission that the subject property is currently occupied by a vacant commercial building. The applicant wishes to operate a used car lot at this address. As part of the South Park West - Section Ill Rezoning Study in 1983, this property was rezoned from R-3 to NC. Planning Counnission Novemher 17, 1997 A used car lot is not permitted in an NC District. The nearest GC -MD zoned property is located along the north and south sides of Washington. Staff feels that this zone change would constitute spot zoning. Twenty-three notices were mailed to property owners within 200 feet of the subject property. One response in favor and four in opposition were returned to staff. Discussion of previous uses followed. Vice -Chairman Provo opened the public hearing and asked for the applicant's comments. Sheila Brown, 4760 Detroit, addressed the Commission. Ms. Brown is the daughter of Calvin Spikes, the applicant. In response to Commissioner Nisby, Ms. Brown said she did not have experience in operating a used car lot, but she didn't have experience when they opened the furniture store and it is now a very successful business. In response to Commissioner Dykeman, Ms. Brown said that her father has owned the subject property for about one month. Vice -Chairman Provo asked for comments in favor or in opposition. Speaking in Favor Francis Bonura, 3995 Congress, addressed the Commission in favor of the request. Tammy Spikes, 5090 Sassafras, spoke in favor of the request. Peter Bonura, 3995 Congress, spoke in favor of the request. Rebuttal by Ms. Brown followed. She answered questions from the Commission regarding customer parking. Commissioner Hallmark asked Ms. Brown if they had an alternate plan should the business not succeed. Ms. Brown said that they had put a lot of thought into the type of business that they wanted to open at that location, just as they had with the furniture store and stated that the furniture store is a very successful business. Vice -Chairman Provo closed the public hearing. Discussion between commissioners followed regarding what might happen to the property if the business failed. Commissioner Dykeman made a motion to approve the zone change to GC -MD for the property at 3102 Park as requested in File 1382-Z. Commissioner Lucas seconded the motion. Commissioner LaBiche expressed his concerns over having a piece of property zoned Co Plaiming Commission November 17, 1997 GC -MD should the business fail. GC -MD zoning opens the property up to incompatible uses within a residential neighborhood. In response to Commissioner Hallmark, Mr. Richardson said this change would constitute spot zoning. Commissioner Dykeman suggested that the change was not spot zoning. Mr. Cooper said that changes in landuse could be considered when changing a zone district. Discussion between the Commission and staff regarding spot zoning. Motion to approve carried 8:0. 6) File 1383-P: Request for a specific use permit to allow a child day care center for 29-35 children in an RCR (Residential Conservation and Revitalization) District. Location: 860 Live Oak Avenue Applicant: Joyce McKinney (Commissioner Chisum left.) Mr. Richardson told the Commission that the applicant is planning on a proposed enrollment of 29-35 children. Four staff persons will be employed at the day care. Nineteen notices were mailed to property owners within 200 feet of the subject property. No responses in favor or in opposition were returned to staff. A petition with 27 signatures in favor of the request was submitted to staff. Two of the people who signed the petition live within 200 feet of the subject property. Vice -Chairman Provo opened the public hearing and asked for the applicant's comments. Joyce McKinney, the applicant, addressed the Commission Vice -Chairman Provo asked for comments in favor or in opposition. Colonel Jack Nahas, 4835 Gladys, spoke in favor of the request. Colonel Nahas is a member of St. Michael's Church and the church has a cemetery in the subject neighborhood. Vice -Chairman Provo closed the public hearing. VA ph'uming Commission November 17, 1997 Commissioner Bundy made a motion to approve the specific use permit to allow a child day care center at 860 Live Oak as requested File 1383-P. Commissioner LaBiche seconded the motion. Motion to approve carried 7:0. (Commissioner Chisum returned.) 7) File 1384-P: Request for a specific use permit to allow a duplex in an RS (Residential Single Family Dwelling) District. Approval of this request is subject to the property being rezoned RS. Location: 1970 Harrison Applicant: Robert C. Schulze, Jr. Mr. Richardson said that this request is contingent upon the rezoning of the property stated in File 1380-Z. Mr. Richardson said the subject structure was originally located at 2075-2085 North, next to Broussard's Mortuary. Broussard's requested a Certificate of Appropriateness for removal of the structure so they could expand their parking lot. A Certificate of Appropriateness was granted by the Historic Landmark Commission to move the building. The building is in excellent condition. A conditional moving permit was issued to allow the moving of this building to this property, subject to no utility connections until all necessary approvals have been obtained. If the subject property is rezoned RS and a specific use permit is granted, the Zoning Board of Adjustment must also grant a variance to the required minimum lot area. If the variance is not granted, the property could still be used for single family purposes. If the application is approved, it is suggested that it be approved subject to the drainage plans for the parking area being approved by the City Engineer. Twenty-three notices were mailed to property owners within 200 feet of the subject property. Two 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. Chuck Schulze, the applicant, addressed the Commission. Vice -Chairman Provo asked for comments in favor or in opposition. No comments were made. The public hearing was closed. 8 Plaming Commission November 17, 1997 Commissioner Bundy made a motion to approve the specific use permit to allow a duplex in an RS District at 1970 Harrison as requested in File 1384-P, subject to the drainage plans for the parking area being approved by the City Engineer. Commissioner Hallmark seconded the motion. Motion to approve carried 8:0. OTHER BUSINESS THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED. 0