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HomeMy WebLinkAbout4-20-15 PC Minutes * M I N U T E S * REGULAR MEETING JOINT PUBLIC HEARINGS PLANNING COMMISSION CITY COUNCIL City Council Chambers April 20, 2015 A Regular Meeting and Joint Public Hearings of the Planning Commission and City Council was held on April 20, 2015 and called to order at 3:32 p.m. with the following members present: Commission Members present: Chairman Sina Nejad Vice-Chairman Marty Craig Commissioner Lynda Kay Makin Commissioner Ranson “Duce” Jones Commissioner Walter Kyles Commissioner Lauren Williams Mason Commissioner Eddie Seniguar Commissioner Bill Little Commission Members absent: Commissioner Clint Walters Commissioner Frank Messina Councilmembers present: Coucilperson-at-Large Gethrel Williams-Wright Councilperson-at-Large W.L. Pate Councilman Mike Getz Councilman Audwin Samuel Councilmembers absent: Mayor Becky Ames Mayor Pro-Tem Councilman Alan Coleman Also present: Chris Boone, Director of Planning and Community Development; Adina Ward, Planner II; Raymond Rowzee, Planner I; Fran Malvo, Recording Secretary; Tyrone Cooper, City Attorney APPROVAL OF MINUTES Commissioner Craig made a motion to approve the minutes of the Regular Meeting held on March 16, 2015 and Commissioner Seniguar seconded the motion. Motion to approve carried 8:0. REGULAR MEETING None JOINT PUBLIC HEARINGS 1) File 2227-P: A request for a Specific Use Permit to allow a retail, used clothing and merchandise store in an RCR (Residential Conservation Revitalization) District. Applicant: Mark Whiteley & Associates, Inc. Location: 1795 Park Mr. Boone presented the staff report. Mark Whiteley and Associates, Inc., has applied for a Specific Use Permit to allow a retail clothing store in an RCR (Residential Conservation and Revitalization) District. The property is located at 1795 Park. The property received a Specific Use Permit (File 2032-P), in April 2010 for a retail clothing store, however; the property was not used as a retail clothing store for at least one complete year and therefore must reapply. The previous owner stated that the property had been used as a resale shop by his father since 1934. The clothing store will be an existing 1,120 sq. ft building. The applicant requested a waiver to the landscape buffer and screening requirements along the North and East property lines. Slides were shown. Twenty (20) notices were mailed to property owners within 200 feet of the subject property. There were no responses in favor or in opposition returned. The Planning staff recommended approval subject to the following conditions: 1.) Provide nine (9) parking spaces including one (1) disabled parking space. 2.) Provide a six (6) foot wide landscape strip along the Irma Street frontage of the parking lot. The Planning staff also supported the request for a waiver to the landscape buffer and screening requirements along the North and East property lines. Discussion followed. Chairman Nejad questioned what was the reason stated for the request of a waiver to the landscape buffer and screening requirements. Vice-Chairman Craig questioned if the owner occupied the premises. Mr. Boone stated that initially, when the applicants submitted the application, it was based on the square footage of the shop, however; the Transportation Division stated additional spaces were needed for the home. Tom Rowe with Mark Whiteley and Associates at 3250 Eastex Freeway addressed the Commission. Mr. Rowe stated that the measurements for the parking spaces were based on measurements that were taken in 2010. He stated that they will be able to add the necessary amount of parking spaces needed and there is currently existing fencing around the North and the East side of the building. Chairman Nejad closed the public hearing. Commissioner Seniguar made a motion to approve File 2227-P, a request for a Specific Use Permit to allow a retail, used clothing and merchandise store in an RCR (Residential Conservation Revitalization) District with the condition that the landscape buffer and screening requirements along the North and East property lines are waived. Commissioner Jones seconded the motion. Motion to approve carried 8:0. 2) File 2228-P: A request for a Specific Use Permit to allow a real estate office in an RCR- H (Residential Conservation Revitalization-Historic) District. Applicant: SSR Real Estate Investments, LLC Location: 8090 Turnberry Circle SSR Real Estate Investments, L.L.C., has applied for a Specific Use Permit to allow a real estate office in an RCR-H (Residential Conservation Revitalization-Historic) District. The property is located at 2597 McFaddin Street. The property was previously used as a dentist office. Parking in the rear yard was accessed by permission of the neighbor to the West. Access by these means is no longer possible, and the property is not wide enough to accommodate a driveway in the side yard. For this reason, staff is recommending approval subject to the applicant receiving a special exception to allow no off-street parking. The Planning staff recommended approval subject to the following conditions: 1.) The applicant applies for and receives a Special Exception to parking requirements to require no off-street parking. 2.) An eight (8) foot fence and approximately ten (10) foot landscaped buffer be constructed along the East property line. Twenty-five (25) notices were mailed to property owners within 200 feet of the subject property. There were no responses in favor and one (1) response in opposition was returned. Slides were shown. Tanir Ashrafi at 8090 Turnberry Circle representing himself addressed the Commission. Mr. Ashrafi stated that he was not currently occupying the building. Vice-Chairman Craig made a motion to approve File 2228-P request for a Specific Use Permit to allow a real estate office in an RCR-H (Residential Conservation Revitalization-Historic) District with the condition that the applicant applies and receives a Special Exception to parking requirements to require no off- street parking.Commisioner Kyles seconded the motion. Motion to approve carried 8:0. 3) File 2229-P: A request for a Specific Use Permit to allow a Gaming Room in a NC (Neighborhood Commercial) District. Applicant: Son Tran Location: 3890 Avenue A Son Tran of Van’s Grocery would like to operate a convenience store and gaming facility containing twelve (12) “eight-liner” gaming machines at 3890 Avenue A. Customers would only be able to receive gifts under $5 in value, prizes. Hours of operation will be from 9 a.m. until 8 p.m., seven days a week. As long as the game room does not exceed 35% of the gross floor area, parking will be sufficient. If parking should exceed 35% of the gross floor area, parking will need to be increased for the use to be in compliance. The applicant has requested a waiver to the eight (8) foot screening fence and landscaped buffer at the West property line. Twenty-eight (28) notices were mailed to property owners within 200 feet of the subject property. No responses in favor or in opposition were returned. The Planning staff recommended approval of this request. Slides were shown. Discussion followed. Some opposition was raised, but after further discussion, Commissioner Kyles made a motion to approve File 2229-P a request for a Specific Use Permit to allow a gaming room in a NC (Neighborhood Commercial) District. Commissioner Mason seconded the motion. The motion to approve carried 6:2. 4) File 2230-Z/P: A request to rezone a portion of the property from R-S (Residential Single Family Dwelling) to GC-MD (General Commercial-Multiple Family Dwelling) or a more restrictive district and a Specific Use Permit to allow a commercial dump truck business. Applicant: William Ceaser Location: 2340 East Lucas William Ceaser has been operating a commercial dump truck and concrete business at 2340 East Lucas since about 2007 according to the Beaumont City Directory. The South 150 feet of the property is zoned GC-MD (General Commercial-Multiple Family Dwelling), but the remainder of the property is zoned RS (Residential Single Family Dwelling), but the remainder of the property is zoned RS (Residential Single Family Dwelling). However, no formal approval or Certificate of Occupancy was ever obtained. The Army Corp of Engineers has expressed concern that this property is a wetland. Mr. Ceaser is in the process of cleaning up that portion of the property located in the flood hazard. He hopes to rezone an additional 150 feet of the property to GC-MD or a more restrictive district and is asking for a Specific Use Permit to allow him to continue operating his dump truck business at this location. In addition, aerial photography reveals that Mr. Ceasar has been attempting to use the North part of his property by dumping scrap material to fill in low areas of the floodplain. Mr. Ceasar states that he will no longer be bringing products or debris to his property but will be depositing all loads at his customers property or the city dump site. He plans to store and maintain five (5) dump truck and five work trucks at the property. Hours of operation are approximately from 7:15 a.m. to 4 p.m., Monday through Friday. Fourteen (14) notices were mailed to property owners within 200 feet of the subject property. No responses in favor or in opposition were returned. The Planning staff recommended approval. Slides were shown. Chairman Nejad opened the public hearing. The applicant was in the audience but declined to comment. Chairman Nejad closed the public hearing. Commissioner Makin made a motion to approve File 2230-Z/P request to rezone a portion of the property from R-S (Residential Single Family Dwelling) to GC-MD (Genral Commercial- Multiple Family Dwelling) or a more restrictive district and a specific use permit to allow a dump truck business with the following conditions: 1.) No commercial use of R-S property, including parking vehicles. 2.) Full compliance with United States Army Corp of Engineers requirements. 3.) Parking areas must be paved. 4.) Obtain a Certificate of Occupancy. Commissioner Seniguar seconded the motion. Motion to approve carried 8:0. OTHER BUSINESS None. THERE BEING NO OTHER BUSINESS, THE MEETING WAS ADJOURNED AT 4:04 P.M.