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HomeMy WebLinkAbout2-3-97 PC MinutestM,....,.. .. ......,...F,.a'. JOINT PUBLIC HEARINGS PLANNING COMMISSION AND CITY COUNCIL February 3, 1997 City Council Chambers Joint Public Hearings of the Planning Commission and City Council were held on February 3, 1997 with the following members present: Chairman Laurie Leister Vice -Chairman Marva Provo Commissioner Bessie Chisum Commissioner Sally Bundy Commissioner Greg Dykeman Commissioner Dale Hallmark Commissioner Bill Lucas Commissioner Cleveland Nisby Commissioners absent: Commissioner Dohn LaBiche Councilmembers present: Mayor David W. Moore Mayor Pro-Tem Andrew Cokinos Councilmember Lulu Smith Councilmember John Davis Councilmember Bobbie Patterson Councilmembers absent: Councilmember-at-Large Becky Ames Councilmember Guy Goodson Also present: Stephen Richardson, Planning Director; Murray Duren, Senior Planner; Bill Dupree, Senior Planner; Bart Baker, Planner; Tom Warner, Public Works Director; Jim Cline, Traffic Engineer; Tyrone Cooper, First Assistant City Attorney; Maria Trapp, Planning Technician; and Jill Cole, Recording Secretary APPROVAL OF THE MINUTES Commissioner Chisum made a motion to approve the minutes of the January 22, 1997 meeting. Motion was seconded by Commissioner Bundy. Motion to approve carried 8:0. Planning Commission February 3, 1997 JOINT PUBLIC HEARINGS Mayor Pro -Tern Cokinos called the Joint Public Hearings of February 3, 1997 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 1341-Z: Request for a zone change from GC -MD (General Commercial - Multiple Family Dwelling) to CM (Commercial Manufacturing) District. Location: South side of Fannett Road (S.H. 124), approximately 450' s.w. of LaBelle Road. Applicant: Wallace Batiste (W. B. Construction Co.) Mr. Richardson said that the zone change request was for a 3.16 acre tract of land fronting on the south side of Fannett Road 450' south of LaBelle Road. The applicant wishes to move his construction business to the subject property. He intends to leave the rear 50 feet of the property GC -MD to act as a buffer to the RS to the southeast. The property to the north is vacant land zoned GC -MD and is to be the future site of a plant nursery. To the south is property zoned Light Industrial which was the former site of the Hydroblast Company and is currently vacant. Anthony Crane Rental is located immediately south of that property. The Comprehensive Plan designates this area for industrial uses. Mr. Richardson recommended approval of the zone change request. Eight notices were mailed to property owners within 200 feet. The Planning Division received no responses in favor or in opposition. Chairman Leister opened the public hearing and asked for the applicant's comments. Joe Pattie with Carroll and Blackman Engineers addressed the Commission and Council on behalf of Mr. Batiste, the applicant. Councilmember Patterson asked Mr. Pattie if there would be any new jobs as a result of the move. Mr. Pattie said he did not know. Chairman Leister asked for comments in favor or in opposition. No comments were made. Chairman Leister closed the public hearing. PA Planning Commission February 3, 1997 Commissioner Bundy made a motion to approve the zone change to CM (Commercial Manufacturing) as requested in File 1341-Z. Commissioner Chisum seconded the motion. Motion to approve carried 8:0. 2) File 1342-P: Request for a specific use permit to allow a vehicle paint and body shop at the rear of a residence in a GC -MD (General Commercial -Multiple Family Dwelling) District. Location: Rear of 1275 Harrison Applicant: Jose Luis Guzman Mr. Richardson told the Planning Commission that the applicant made the specific use permit request after receiving a zoning violation notice. The applicant wishes to operate his paint and body shop from an existing 840 sq. ft. garage located at the rear of his 50' x 140' lot. At the front of the lot is the applicant's residence. Access to the garage is by a driveway that runs along the west side of the house and through an unpaved alley at the rear. Even though this area of the city is zoned GC -MD, the immediate area around the subject property is used for residential purposes. Staff does not feel that a paint and body shop is a compatible land use within this older residential neighborhood. If this residential area is to ever be revitalized, a paint and body shop would not be conducive to that goal. Mr. Richardson recommended denial of the specific use permit request. Twenty-one notices were mailed to property owners within 200 feet of the subject property. One response in favor and one in opposition were returned. In response to Chairman Leister, Mr. Richardson said that most of the homes in the subject area are single family homes. A discussion of hours of operation followed. Mr. Cooper answered questions regarding enforcement. Chairman Leister opened the public hearing and asked for the applicant's comments. The applicant was not present. Chairman Leister asked for comments in favor or in opposition. No comments were made. Chairman Leister closed the public hearing. Commissioner Bundy made a motion to deny the specific use permit as requested in File 1342-P. Commissioner Hallmark seconded the motion. Motion to deny carried 8:0. 3 Planning Commission February 3, 1997 3) File 1343-Z: Request for a zone change from RS (Residential Single Family Dwelling) to RM-M (Residential Multiple Family Dwelling -Medium Density) District. Location: 1000' east of Major Drive (FM 364) at end of Pecan Drive. Applicant: The Nichols Co., LLP Mr. Richardson told the Commission that the request was for a 2.96 acre tract of land east of Major and northeast of Phase II of Pecan Place Subdivision. The Nichols Company wishes to rezone this property so that it can build the third phase of Pecan Place Addition, a townhouse development. The RM-M zoning would provide for a buffer between the proposed Delaware extension and future single family development to the north. Mr. Richardson recommended approval of the zone change request. Three notices were mailed to property owners within 200 feet of the subject property. No responses in favor or in opposition were returned. Chairman Leister opened the public hearing and asked for the applicant's comments. John Holm with Fittz and Shipman, consulting engineers for the development, addressed the Commission. Chairman Leister 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 zone change to RM-M as requested in File 1343-Z. Commissioner Nisby seconded the motion. Motion to approve carried 8:0. 4) File 1344-Z: Request for a zone change from GC -MD (General Commercial - Multiple Family Dwelling) to LI (Light Industrial) District. Location: 3105 through 3155 Milam Applicant: C. E, Covel Mr. Richardson told the Commission and Council that the applicant is requesting the zone change because he has a sheet metal fabrication shop interested in leasing one of the five existing buildings. He would also like the zone changed to give him more flexibility in what the property could be used for. 4 Planning Commission February 3, 1997 The subject property is surrounded by heavy commercial and light industrial uses on the east, west and south sides. The property is bordered by LI zoning on the east and south sides. This request would not negatively affect surrounding properties and is in conformance with the Comprehensive Plan. Mr. Richardson recommended approval of the request. Ten notices were sent to property owners within 200 feet. No responses in opposition or in favor were returned. Chairman Leister opened the public hearing the asked for the applicant's comments. Mr. C. E. Covet, the applicant and property owner, addressed the Commission. Chairman Leister asked for comments in favor or in opposition. Sneaking in Opposition Dr. Peter Isaac, owner of the medical laboratory to the north of the subject property, spoke in opposition to the request. He is opposed to the use of Milam as an entrance for the business if it will increase traffic, which is a problem for him now. He said also that he was required to do a certain amount of landscaping for his business and would like the subject property to be landscaped. Herman Rogers, 3006 Bolivar, addressed the Commission. He requested further information on the use of the building and expressed concerns regarding traffic. Mr. Covet further explained the use of the building and answered questions from the Commission. He stated that the actual proposed use is for a machine shop. In response to Commissioner Bundy, Mr. Richardson said since they are not adding any square footage and it is an existing facility, it would require no buffering. Chairman Leister asked for any other continents. She asked Mr. Covet about the kind, size and number of trucks entering the property. He responded that one ton trucks were the largest used and that all loading and unloading is done on the site and not on the street. 5 Planning Commission February 3, 1997 Chairman Leister asked Mr. Richardson about required landscaping. He said that none was required. Commissioner Hallmark commented on no parking signs. Mr. Cline responded to the sign issue. Paul Loden, the new tenant, said he handled only small parts in his business. He said he had four employees and used a one ton truck. Chairman Leister closed the public hearing. Commissioner Lucas made a motion to approve the zone change to GC -MD District as requested in File 1344-Z. Commissioner Hallmark seconded the motion . Motion to approve carried 8:0. 5) File 1346-Z: Request for a zone change from RS (Residential Single Family Dwelling) to RM-M (Residential Multiple Family Dwelling -Medium Density) District. Location: 1232 Euclid Applicant: Matthew Tyler Mr, Richardson told the Commission and Council that the applicant wants to convert his house into separate living quarters. The applicant contends that the house contains three separate units. A building inspector has reported evidence of two kitchens. Records indicate that between 1960 and 1970 two addresses were assigned to the house. Staff felt that the request constituted spot zoning. The property is bordered by GC -MD to the north. On the east, west and south sides, the property is bordered by RS. This area could be considered a stable single family residential area. A zone change would allow an increase in density as well as allow residential care facilities and boarding houses into an area of single family homes. Mr. Richardson recommended denial of the request. Twenty-three notices were mailed to property owners within 200 feet. Two responses in opposition and one in favor were returned. Chairman Leister opened the public hearing and asked for the applicant's comments. 2 Planning Commission February 3, 1997 Matthew Tyler, the applicant, addressed the Commission. In response to Commissioner Nisby, Mr. Tyler said he did acquire a permit for a single family dwelling when he began working on the building. In response to the Commission, he added that he would consider using the house as a duplex. Chairman Leister asked for comments in favor or in opposition. No comments were made. Chairman Leister closed the public hearing. Commissioner Bundy made a motion to deny the zone change to RM-M as requested in File 1346-Z. Commissioner Nisby seconded the motion, Motion to deny carried 8:0. 6) File 1347-P: Request for a specific use permit to allow a church in an RCR (Residential Conservation and Revitalization) District. Location: 1685 Park Street (Carroll -Wallace) Applicant: Iconium Ministries Mr. Richardson said the Iconium Missionary Baptist Church has a lease -purchase agreement with Carroll -Wallace Funeral Home to acquire this building for a church. They are currently holding services at this location. This property was used as a funeral home for many years until it was relocated to Major Drive. The funeral home occupies much of a city block. Parking for funeral services in the past was handled with off-street parking on property across Park Street and by on -street parking on adjacent streets. The property across Park Street is partially paved with an approximately 53' x 130' asphalt parking Iot. The current parking facilities served the funeral home for many years. There have recently been some complaints received by City Hall concerning on -street parking, especially on Craig Street. The Traffic Engineer has recommended that 75 parking spaces and three handicap stalls be provided for in the initial phase, It has also been recommended that these parking areas be paved with an all weather surface. This would include shell, gravel or caliche. However, there are no regulations that would require paving. Mr. Richardson recommended approval of the request, subject to the following condition: Provide an acceptable parking lot plan showing 75 parking spaces and three on -site disabled parking stalls as part of Phase I. VA Planning Commission February 3, 1997 Twenty-five notices were mailed to property owners within 200 feet. One response in opposition and none in favor were returned. Chairman Leister opened the public hearing and asked for the applicant's comments. Joseph James, officer of Iconium Church, addressed the Commission. He said that his church may only stay at this location for 2 to 2-112 years. He said there are currently six disabled parking spaces. The reported incident of cars parking on the adjacent streets around the church when they first opened was due to a funeral service held for a member of the church. Chairman Leister asked for comments in favor or in opposition. Charles Ryan, 1725 Park Street, spoke in opposition to the request. He expressed concerns over off-street parking and charitable programs which could attract undesirable persons to their neighborhood and lead to an increase in crime and vandalism. Rebuttal by Mr. James. Discussion between the Planning Commission and the applicant regarding parking followed. Chairman Leister closed the public hearing. Commissioner Bundy made a motion to approve the specific use permit request for a church as requested in File 1347-P, subject to the following condition: (1) Provide an acceptable parking lot plan showing 75 parking spaces and three on - site disabled parking stalls. This parking will be provided as part of Phase I. Commissioner Dykeman seconded the motion. Motion to approve carried 7:0:1 (abstention). 7) File 1348-P: Request for a specific use permit to allow a drinking place in a GC - MD (General Commercial -Multiple Family Dwelling) District. Location: 6955 College Street Applicant: Praveen Pallamreddy Mr. Richardson told the Commission that the subject property is a 1.7 acre tract of land located on the south side of College. 0 Planning Commission February 3, 1997 The applicant wishes to build an ethnic restaurant and/or sports bar. The establishment will be open evening/night hours, Wednesday through Sunday. There will be occasional comedy artists, live bands, music and dancing. The building is to be insulated to reduce noise. The property to the south will be buffered with an 8' fence and a 10' landscape strip. Lighting will be directional and will be pointed away from adjacent properties. The Traffic Engineer and City Engineer reviewed the specific use permit and recommended approval subject to several conditions. This property is designated as part of the College Street Activity Corridor (U.S. Highway 90). Mr. Richardson recommended approval of the request, subject to the following conditions; 1. Decrease the width of the driveway on College Street from 40 feet to 35 feet. 2. Relocate the disabled parking spaces to the north side of the building. 3. Receive approval of driveway and drainage improvements from the Texas Department of Transportation. Seventeen notices were mailed to property owners within 200 feet. Four responses in opposition and one in favor were returned. Chairman Leister opened the public hearing and asked for the applicant's comments. Praveen Pallamreddy, the applicant, addressed the Commission. He said he spoke to Dr. Massey, who has expressed opposition because he was worried about restaurant customers parking in his parking lot. Mr. Pallamreddy said he had also talked to Mr. Pinchback, who was concerned about adult entertainment uses and Mr. Pallamreddy said it would never be used for that. Mr. Pallamreddy said he was going to install a privacy fence in the back and also have a 10' strip behind the privacy fence. He requested that the 10' strip be left free of any trees because the plan with the palm trees and landscaping is to direct the focus on the building and he felt that it would detract from the overall plan. He said that he would provide 10 new jobs. In response to Commissioner Lucas, Mr. Richardson said that the reduction of the driveway was a standard width. w Planning Commission February 3, 1997 In response to Commissioner Lucas, Mr. Pallamreddy said there would be 120 parking spaces and the building would contain 5,000 square feet. Commissioner Hallmark asked the applicant what percentage of receipts would represent alcohol sales and what percentage would represent food sales. Mr. Pallamreddy answered about 50% alcohol and 50% food if he operated a bar instead of just a restaurant. Chairman Leister asked for comments in favor or in opposition. Speaking in Opposition W. F. Oxford, Jr. addressed the Commission on behalf of his wife, Nan Pinchback Oxford, who owns property adjacent to the subject property. R. T. Pinchback, Jr., owner of the property adjacent to the subject property, spoke in opposition to the request. Rebuttal by Mr. Pallamreddy. Discussion between the Commission and staff followed. Mr. Richardson said that the verbal request by the applicant regarding modification of the landscaping requirements was not part of the original request. He said it was his recommendation that the staff's position would remain as is and that the ordinance requirements be followed. Chairman Leister closed the public hearing. Commissioner Lucas made a motion to approve the specific use permit to allow a drinking place as requested in File 1348-P, subject to the following conditions: 1. Decrease the width of the driveway on College Street from 40 feet to 35 feet. 2. Relocate the disabled parking spaces to the north side of the building. 3. Receive approval of driveway and drainage improvements from the Texas Department of Transportation. Commissioner Chisum seconded the motion. Motion to approve carried 8:0. 1.0 Planning Commission February 3, 1997 8) File 1349-P: Request for a specific use permit to expand the land area of an existing cemetery in an RCR (Residential Conservation and Revitalization) District. Location: Pine Street between Elm and Isla Applicant: Lee Roy King, Manager, Magnolia Cemetery Mr. Richardson said that Magnolia Cemetery wishes to expand its cemetery to accommodate additional burial plots and a cemetery affairs building. Except for a vacant, dilapidated house at the corner of Texas and Elm and an existing cemetery shed at the corner of Pine and Isla, the block is vacant. Mr. Richardson recommended approval of the request. Nineteen notices were mailed to property owners within 200 feet. One response in favor and one in opposition were returned. Chairman Leister opened the public hearing and asked for the applicant's comments. Lindsey Walker, attorney representing Magnolia Cemetery, addressed the Commission. Chairman Leister asked for comments in favor or in opposition. Gladys Washington, 1915 Texas, asked Mr. King for additional information on the proposed request. Mrs. Washington has two lots that she would like to sell to the cemetery. Ms. Kinnebrew, owner of property at Pine and Ellen, addressed the Commission. She requested that green slats be installed in the chain link fence. Chairman Leister closed the public hearing. Commissioner Hallmark made a motion to approve the specific use permit to expand the existing cemetery as requested in File 1349-P. Commissioner Bundy seconded the motion. Discussion between City Council and Planning Commission regarding the insertion of green slats in the chain link fence. Commissioner Hallmark stated that there was no need for green slats in the fence. Mr. Davis insisted that the screening was needed in response to the "request of the neighborhood." Councilman Davis commented further on the subject. 11 Planning Commission February 3, 1997 Commissioner Dykeman made a motion to amend the original motion to include the green slats in the fence. Commissioner Chisum seconded the motion to amend. Motion to amend carried 6:2, The original motion to approve the request with the amendment to include the green slats carried 6:2. 9) File 562-OB: Consider readoption of the Parks and Open Space, Land Use, Major Street and Highway and Economic Development Elements of the Comprehensive Plan. Applicant: City of Beaumont Planning Division Mr. Richardson said that the City Charter requires that City Council readopt the Comprehensive PIan every two years. The four elements of the plan are: 1. Economic Development Plan 2. Land Use Plan 3. Major Streets and Highway Plan 4. Parks and Open Space Plan Mr. Richardson recommended that the Planning Commission readopt the four elements of the Comprehensive Plan as stated. There are no amendments recommended to the Economic Development Plan at this time. Bill Dupree, Senior Planner, addressed the recommended changes to the Parks and Open Space Plan. The park plan is being extended out to the ET] and one category of parks is being eliminated, the "mini -park". If there is a situation where a small park was needed, it would fall under "special parks". The purpose of this is to discourage the development of mini parks all over the city. Mr. Dupree reviewed the Charlton -Pollard Neighborhood Plan which has a new map for land use and some more suggestions for possible rezoning to match the land use. Mr. Dupree reviewed the Major Street and Highway Plan. 12 Planning Commission February 3, 1997 Mr. Warner, Public Works Director, also commented on the Major Street and Highway Plan. Commissioner Chisum asked Mr. Richardson if staff was going to update the Economic Development Plan as far as dates and entities that are no longer in existence. Mr. Richardson responded that staff would address this issue later. Commissioner Chisum made a motion to approve File 562-OB readopting the Parks and Open Space, Land Use, Major Street and Highway and Economic Development Elements of the Comprehensive Plan. Commissioner Bundy seconded the motion. Motion to approve carried 8:0. OTHER BUSINESS THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED, 13