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HomeMy WebLinkAbout8-18-97 PC Minutes13 JOINT PUBLIC HEARINGS PLANNING COMIvilSSION AND CITY COUNCIL August 19, 1997 City Council Chambers Joint Public Hearings of the Planning Commission and City Council were held on August 18, 1997 with the following members present: Commission members present: Chairman Laurie Leister Vice -Chairman Marva Provo Commissioner Sally Bundy Commissioner Bessie Chisum Commissioner Dale Hallmark Commissioner Dohn LaBiche Commissioner Greg Dykeman Commissioner Cleveland Nisby Commission members absent: Commissioner Bill Lucas Councilmembers present: Mayor David W. Moore Mayor Pro -Terri Becky Ames Councilmember-at-Large Andrew Cokinos Councilmember Lulu Smith Councilmember Guy Goodson Councilmember John Davis Councilmember Bobbie Patterson 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 Nisby made a motion to approve the minutes of the August 4, 1997 Regular Meeting. Motion was seconded by Commissioner Bundy. Motion to approve carried 7:0. (Commissioner Chisum arrived.) Planning Commission Augusl 18, 1997 JOINT PUBLIC HEARINGS Mayor Moore called the Joint Public Hearings of August 18, 1997 to order and explained the purpose of the joint hearing process and then turned the meeting over to Chairman Leistcr. She explained the policies and procedures for the hearing process. 1) File 1366-P: Request for a specific use permit to allow a 180' tall wireless telephone cellular communications tower on a lot zoned RS (Residential Single Family Dwelling) District. Location: 200 block of E. Gill Strect, east of Pine Street Applicant: Meretel Communications, LP, (Mercury Cellular and Paging), Lake Charles, Louisiana Mr. Richardson told the Commission and Council that the subject property is just west of 245 E. Gill. There are single family homes to the north, east and south of the property. A church lies immediately northwest of the proposed site. Vacant land is to the west. The owner of this property also owns the vacant property up to Pine Street. The Comprehensive Plan designates this area as Conservation and Revitalization and this is defined as an area where action is needed to prevent or reverse deterioration. While little residential development has occurred in this area for some years, the proposed placement of the tower could impede such future development. Twenty-five notices were mailed to property owners within 200 feet of the subject property. One response in favor and one in opposition were returned. Chairman Leister opened the public hearing and asked for the applicant's comments. Bruce Pearson, Site Acquisition and Development Manager for Meretel Communications, the applicant, addressed the Commission and Council. Chairman Leister asked for comments in favor or in opposition. Speaking in Opposition David Pugh, 245 E. Gill, addressed the Commission in opposition. He said that he feels the tower will be too dose to his property. Mr. Pugh submitted several responses in opposition to Mr. Richardson. Maxil Ray Andrews, 210 E. Gill, spoke in opposition to the request. He feels that the tower doesn't belong in a residential neighborhood and will lower the value of surrounding properties. Planning Commission August 18, 1997 Walter Morris Sr., 270 E. LaSalle, spoke in opposition to the request. He expressed concerns of interference with other frequencies. Rebuttal by Mr. Pearson followed. He said that the tower will not interfere with any other frequencies and that they will be a quiet neighbor. He added that the tower will not lower property values. In response to Commissioner Chisum, Mr. Pearson said that because the tower is under 200 feet, it does not have to be lit. In response to Commissioner Hallmark, Mr. Pearson said if the business were to fail, the tower would be removed. Mr. Richardson stated that additional written responses received during the meeting from surrounding property owners in opposition increased the total to twelve. Chairman Leister closed the public hearing. Commissioner Chisum made a motion to deny the specific use permit to allow a 190' tall wireless telephone cellular communications tower on a lot zoned RS in the 200 block of E. Gill Street as requested in File 1366-P. Commissioner Nisby seconded the motion. Motion to deny carried 8:0. 2) File 1367-P: Request for a specific use permit to allow a drinking place in a GC -MD (General Commercial -Multiple Family Dwelling) District in an existing building. Location: 1425 College at Avenue "A" Applicant: Jesus Gonzales and Juan Sanchez Mr. Richardson told the Commission and Council that the applicants want to open a tavern in a former convenience store building. The property has been used for commercial uses for several years. The one story building contains about 1,000 square feet of usable space. The remainder of the property is covered with concrete and asphalt. The site plan shows 21 parking spaces. The minimum number of parking spaces required based upon square footage would be 20. Even though this is an existing commercial property, if the specific use permit is approved, it is suggested that an 8' solid screening fence and 10' landscaping strip be constructed on the south side of the property. The area south of the subject property is zoned Residential Multiple Family Dwelling -Highest Density District. Twenty-six notices were sent to property owners within 200 feet of the subject property. Two responses in opposition and none in favor have been received. 3 Planning Commission August 18, 1997 Chairman Lcister opened the public hearing and asked for the applicant's comments. Jesus Gonzales, 1020 Avenue B, the applicant, addressed the Commission. Mr. Gonzales said that he is leasing the property and has not yet received his liquor license. He added that there was another tavern located across the street. Commissioner Hallmark asked how much usable space was available. Mr. Richardson responded about 1,000 square feet. Chairman Leister asked for comments in favor or in opposition. Speaking in Opposition Mrs. Cook,1390 Gilbert, addressed the Commission and said she was opposed to a bar going in at this location. She has concerns about increasing traffic and the effect it will have on neighborhood children. Virginia Martinez, 940 College, spoke in opposition to the request. Sbe feels that the noise from the tavern will disrupt the neighborhood. Jeanette Hayes, 1345 College, spoke in opposition. She owns the property adjacent to the subject property. She said that there are two taverns and a liquor store in the neighborhood already. Pastor James LeBlanc of Miracle Deliverance Tabernacle at Avenue A and Wall Street spoke in opposition to the request. He feels that a bar will promote disorderly conduct, prostitution, and drunk driving. Ruby Newsome, manager of the tavern across the street, addressed the Commission. She said her nephew is the owner of the tavern and he is opposed. Rebuttal by Mr. Gonzales followed. He said he would be hiring experienced bar tenders and staff to work at the tavern. Chairman Leister closed the public hearing. Commissioner Hallmark made a motion to approve the specific use permit to allow the bar at 1425 College as requested in File 1367-P, subject to an 8' tall solid fence or wall and a 10' wide landscape strip being installed along the south property line. The motion to approve failed due to lack of a second. Commissioner Bundy made a motion to deny the specific use permit to allow the bar at 1425 College as requested in File 1367-P. Commissioner Nisby seconded the motion. Motion to deny carried 7:1. Planning Commission August 18, 1997 3) File 1368-P: Request for a specific use permit to allow law offices and parking lot for the law offices in an area zoned RCR (Residential Conservation and Revitalization). Location: 2090 Broadway at Fifth Street Applicant: Chambers Templeton Cashiola, L.L.P. Mr. Richardson told the Commission and Council that the applicants wish to purchase the two-story brick home at 2090 Broadway and an existing parking lot located across the street. The most recent use of the property has been a private residence. Before that, the property was owned by the Catholic Diocese and was the residence of Bishop Ganter. This house is located in a block of mixed uses. The applicants have requested a modification to any additional landscaping and screening. The rear yard of the house is surrounded by a 6 foot tall fence and the yard itself is heavily landscaped. The parking lot is surrounded by oak trees. If the application is approved as submitted, a modification to the landscaping and screening requirements will need to be granted. Twenty-five notices were mailed to property owners within 200 feet. Three responses in favor and none in opposition have been returned. Chairman Leister opened the public hearing and asked for the applicant's comments. (Commissioner Bundy abstained from discussion on this case.) Randy Cashiola of Chambers Templeton and Cashiola Law Firm, the applicant, addressed the Commission. Chairman Leister asked for comments in favor or in opposition. Speaking in Favor Barbara Carville, 2188 North Street, spoke in favor of the request and said the law firm would be an asset to the neighborhood. Rebuttal by Mr. CashioIa followed. Chairman Leister closed the public hearing. Commissioner LaBiche made a motion to approve the specific use permit to allow the residence at 2090 Broadway to be converted into law offices and for a separate parking lot as requested in File 1368-P with a modification to the landscaping and screening Planning Commission August 18, 1997 requirements as requested by the applicants. Commissioner Chisum seconded the motion. Motion to approve carried 7:0:1 (Commissioner Bundy abstained). 4) File HCL-D2: Request for the designation of a Historic -Cultural Landmark Preservation District for an area located approximately between First, Fourth and Eleventh Streets and Broadway and Smart Street. The properties are within the Averill, Palm Place, Oaks, Parkdale and McFaddin Second Additions. Applicant: City of Beaumont Planning Division Mr. Richardson informed the Commission that residents on the south side of Calder have approached the City and requested that the Oaks Historic District be expanded into this area. In June of 1993, the City created the Oaks Historic District in an area roughly bound by McFaddin and Beech and First and Eleventh Streets. The historic district designation is an overlay district. The underlying zoning and permitted uses will not be affected. Zoning on the south side of Calder consists of RS (Residential Single Family Dwelling), RM-H (Residential Multiple Family Dwelling - Highest Density), RCR (Residential Conservation and Revitalization), GC -MD (General Commercial -Multiple Family Dwelling) and HI (Heavy Industrial). The historic district overlay will serve to facilitate preservation and increased property values through design controls. The extension of the Oaks Historic District to the south side of Calder is a logical step. Historically, both sides of Calder have been developed hand -in -hand. Today, this area north and south of Calder is commonly known as Old Town and is unified through the OId Town Neighborhood Association. The area is primarily residential. Over 200 structures in this area are historically significant or contributing structures. Almost 700 structures were constructed prior to 1950. 199 of the structures are listed in the SPARE Beaumont survey. A report done by the Texas Department of Transportation in April of 1993, identified 69 properties along Liberty and Laurel and within the proposed district as eligible for listing in the National Register. The history of this area on the south side is extensive. Part of this area was the first residential section west of the present day Santa Fe Railroad tracks to be developed. Even earlier history dates back to when the Atascosita, or Opelousas Trail, which was a major cattle trail, passed through this area, just south of what is now Liberty Avenue. As can be seen by reading the two essays by Howard Perkins included with the staff report, this area was home to many individuals who played key roles in the development of the City of Beaumont. n Planning Commission August 18, 1997 This area meets all the standards outlined in Section 30-39 of the Zoning Ordinance, thereby making it eligible for inclusion in the Oaks Historic District. 957 notices were sent to property owners within the proposed district and within 200 feet of the district. Fifty-four responses in favor were returned. Fifty-two of those are within the district itself and two are within the 200 feet. Thirteen responses in opposition were returned. Eleven of those are within the district itself and two are within the 200 feet. This item was presented to the Historic Landmark Commission on August 11 and was approved unanimously subject to redrawing the district lines along the rear lot lines. They recommended that both sides of Fourth Street be deleted and the district lines be drawn along the rear lot lines of these properties. Mr. Richardson referred to Map A which was the original map submitted to the Historic Landmark Commission. Map B is the revised version as recommended by the Commission. Under the revised district boundaries, of those that have returned notices, there are four, property owners that would still be left within the district. Those are located more in the interior or the western side of the district. With the revised boundaries, two of those property owners who did send back responses in opposition with the reconfiguration along Fourth Street, they are now outside of the proposed district. Chairman Leister opened the public hearing and asked for comments in favor. Sneaking in Favor Sheryl Boyd, 2425 South Street, spoke in favor. William Johnson, 2390 Pecos, spoke in favor. Phil Dunlap, 2444 Broadway, spoke in favor. Lauren Robbins, 2090 Broadway, spoke in favor. Pat Buehrle, 2235 Hazel, spoke in favor. Steve Bean, 3150 Robinhood, spoke in favor. Mr. Beans owns rental properties in the Oaks Historic District and also owns property on the south side of Calder. David Bradley, 615 N. Fifth Street, spoke in favor. 7 Planning Commission August 18, 1997 June O'Rear, 2301 Long, spoke in favor. The following people asked for clarifications on the proposed district. Mike Sinclair, 980 Monterrey, asked what building restrictions will apply to the property he owns that is within the proposed district. Coatien Shaw, 585 N. Fourth Street, asked for clarification of the boundaries of the proposed district. Wayne Hale, 7060 Blarney, addressed the Commission in reference to his property at 2494 Broadway. He wanted to know how the proposed district affects his property and asked for exclusion from the district. Sneaking in Opposition William Anderson, 96 N. 7th Street, spoke in opposition to the proposed district. Carolyn Watson, property manager for owners of 33 units in the proposed district. Ms. Watson submitted a list of properties that owners want excluded from the district. Mark Paladin, 2265 Angelina, spoke in opposition. Michael Hagen, owner of property at 2390 Broadway, spoke in opposition The following people made comments on the proposed district. Lester Tanton, 1923 Broadway, asked for the district boundaries to be redrawn between First and Second Streets. Mr. Tanton also owns several rental properties in the area. Brenda Cansler, 2460 North., speaking for her mother, Jenny Miller who owns property at 1740 and 1780 Laurel which joins the property Mr. Tanton was referring to and she too would like this section removed from the proposed district. Carla Swanzy, 2410 South Street and has rental property at 2355 Liberty. She asked Mr. Richardson to state how many signatures were on the petition in favor of the district. Mr. Richardson said that there 243 signatures on the petition circulated in favor of the district. Rebuttal statement by Sheryl Boyd followed. 8 Planning Commission August 18, 1997 Chairman Leister closed the public hearing. Commissioner Bundy asked Mr. Richardson how properties that aren't located on the boundary line would be deleted. Mr. Richardson said that he would recommend against deletion of these properties. He felt such deletions within the interior of the district could affect the intention of the district. In response to Commissioner Chisum, Mr. Richardson said that the Oaks Historic District was created in June of 1993 and since that time no applications have been submitted to the Board of Adjustment for variance requests in the Oaks District. Discussion between the Commission and staff regarding deletion of properties from the district followed. Commissioner Chisum made a motion to approve the designation of a Historic - Cultural Landmark Preservation District for the area located between First, Fourth and Eleventh Streets and Broadway and Smart Streets as requested in File HCL-D2 with . the amendment to delete the property at 2494 Broadway. Commissioner Bundy seconded the motion. Motion to approve carried 8:0. OTHER BUSINESS THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED. Z