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HomeMy WebLinkAbout9-21-15 PC MinutesMINUTES* REGULAR MEETING JOINT PUBLIC HEARINGS PLANNING COMMISSION CITY COUNCIL City Council Chambers September 21, 2015 A Regular Meeting and Joint Public Hearings of the Planning Commission and City Council was held on September 21, 2015 and called to order at 3:09 p.m, with the following members present: Commission Members present: Chairman Sina Nejad Vice -Chairman Marty Craig Commissioner J.P. Colbert Commissioner Lauren Williams -Mason Commissioner Frank Messina Commission Members absent: Councilmembers present: Councilmembers absent: Commissioner Bill Little Commissioner Ava Graves Commissioner Lynda Kay Makin Commissioner Eddie Seniguar Commissioner Clint Walters Commissioner Shani Daigle Mayor Becky Ames Councilman Claude F. Guidroz Councilman W.L. Pate Councilman Mike Getz Councilman Audwin Samuel Coucilwoman Gethrel Williams -Wright Councilwoman Robin Mouton 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 Graves addressed the Commissioners. Commissioner Craig made a motion to approve the corrected minutes of the Regular Meeting and Joint Public Hearing held on August 17, 2015. Commissioner Messina seconded the motion. Motion to approve carried 7:0. REGULAR MEETING 1) Replat of Parker Brothers Subdivision, Unit One: A request for the replat of the Parker Brothers Subdivision, Unit One and a 2.00 acre tract of land, W.B. Dyches Survey, Abstract No. 17, Lots 1 and 2, Beaumont, Jefferson County, Texas Applicant: Mark Whiteley and Associates, Inc. Location: Lots 1 and 2, Parker Brothers Subdivision, Unit 1 Mr. Boone presented the staff report. Tom Rowe, representing Mark W. Whiteley, Inc., has requested a Replat of the 2.00 acre Parker Brothers Subdivision Unit 1 into Lots 1 and 2, Parker Brothers Subdivision Unit 1. The property is located at 9850 Voth Road. The purpose of the plat is to create 2 lots for residential property. The lot exceeds the minimum lot area, width and depth requirements for residential property. This item was sent to all interested parties. No responses were received in favor or in opposition. The Planning staff recommended approval. Tom Rowe representing Mark Whiteley and Associates at 3250 Eastex was present and addressed the Commission. Mr. Rowe gave a brief explanation. Chairman Nejad asked for any comments or questions for Mr. Rowe. The public hearing was closed. Vice -Chairman Craig made a motion to consider a request for a Replat of the 2.00 acre Parker Brothers Subdivision Unit One into Lots 1 and 2 Parker Brothers Subdivision Unit One as requested. Commissioner Messina seconded the motion. Motion to approve carried 7:0. 2) Preliminary Plat of Stonewood Subdivision, Lots 1 through 7: Preliminary Plat of Stonewood Subdivision, Lots 1 through 7, Josiah Dyches Survey, A-111, Beaumont, Jefferson County, Texas. Applicant: Southwood Timberlands Location: Stonewood Subdivision Mr. Boone presented the staff report. Stoney Petit, representing Petit Investment Properties, LLC, has submitted a Preliminary Plat of the 65.39 acre Stonewood Subdivision, Lots 1 -7. The property is located on the southwest corner of Tram Road and Tolivar Canal Road, north of S.H. 105. The purpose of the plat is to create 7 single family residential lots. The lot exceeds the minimum lot area, width and depth requirements for residential property. The item was sent to all interested parties. The planning staff recommended approval with the following conditions: 1. The Final Plat must contain the Owner's Certification and Dedication and 2. Provision of documentation that Iots have access across Tolivar Canal prior to recordation of Final Plat. Slides were shown. Chairman Nejad asked if there were any questions for Mr. Boone. The applicant, Stoney Petit at 5740 N. Circuit addressed the Commissioners. Discussion followed. Chairman Nejad asked if anyone questions or discussion. Vice -Chairman Craig made a motion to consider a request for a Preliminary Plat of the 65.39 acre Stonewood Subdivision, Lots 1-7 as requested with the following conditions: 1. The Final Plat must contain the Owner's Certification and Dedication and 2. Provision of documentation that lots have access across Tolivar Canal prior to recordation of Final Plat. Commissioner Little seconded the motion. Motion to deny carried 7:0. 3) Preliminary Plat of Fairfield Phase IV: A Preliminary Plat of Fairfield Phase IV, Lots 65- 84, Block 1, out of the H. Williams, Sr. Survey, Abstract No. 56, Located in Beaumont, Jefferson County, Texas. Applicant: Fairfield Phase IV Location: Joe Pattie Mr. Boone presented the staff report. Joe Pattie, representing RPS, has submitted a Plat of the 4.909 acre Fairfield Phase IV Subdivision. The property is located east of Major Drive along the south side of Claybourn Drive. The purpose of the plat is to create 20 single-family residential lots. The proposed Abby Lane will have a 50' right-of-way and 27'- wide pavement. The lots exceed the minimum lot area, width and depth requirements for residential property. The Planning staff recommended approval with the following conditions: 1. Water Utilities would like for the water meters to be reloated with the cul-de- sacs due to conflicts with driveway locations. Relocated meters to the service line to 5' off the property corner. The lots within a cul-de-sac must have a sanitary sewer tap at one corner and the water set vice on the other corner. 2. Relocate the sanitary sewer service for lots 78, 79, and 84, Block One to the east property corners. The item was sent to all interested parties. Applicant, Joe Pattie representing RPS Consultants at 4180 Delaware #402, was present. Chairman Nejad asked was there any questions for Mr. Boone. Mr. Patti addressed the Commission. Commissioner Little made a motion to approve a request for a Preliminary Plat of Fairfield Phase IV, Lots 65-84, Block 1, out of the H. Williams, Sr. Survey, Abstraact No. 56 with the following conditions: 1. Water Utilities would like for the water meters to be reloated with the cul-de- sacs due to conflicts with driveway locations. Relocated meters to the service line to 5' off the property corner. The lots within a cul-de-sac must have a sanitary sewer tap at one corner and the water set -vice on the other corner. 2. Relocate the sanitary sewer service for lots 78, 79, and 84, Block One to the east property corners. Commissioner Williams -Mason seconded the motion. Motion to deny carried 7:0. 4) Preliminary Plat for West Chase Village, Section Ten: A Preliminary Plat for West Chase Village, Section Ten, Phase 1, Block 9 Lots 7 and 8. Block 13, Lots 1, 2, and 3, Phase 2, Block 9, Lots 9 and 10, Block 13, Lots 4, 5, and 6, and 7, Phase 3, Block 9, Lots 11, 19 and 20, Block 13, Lots 8, 9, and 10, Phase 4, Block 13, Lots 11 through 20, out of the Hezekiah Williams Survey, A-56, Beaumont, Jefferson County, Texas Location: West Chase Village, Section Ten Applicant: Fitz and Shipman Mr. Boone presented the staff report. Fitz & Shipman, Inc. has requested preliminary plat approval of West Chase Village, Section 10. The property is located east of Major Drive, at the east end of Village Drive. The development is a 10.64 acre, 27 lot, single family, residential subdivision. All lots will access Village Drive via Devonshire Drive and Village Court. Water and sanitary sewer will be provided by the City of Beaumont. The Planning staff recommended approval subject to the following conditions: 1. Design Devonshire outfall pipe on a 100 yr, rain event 2. Design Village Drive outfall pipe on a 100 yr. rain event. 3. Provide an out flow swale for over flow at easements maintained by others. 4. Curb inlets are designed on a 10 year, rain event The item was sent to all interested parties. The City Engineer requested the removal of conditions 1 through 3 because the drainage infrastructure is already in place. Mr. Boone recommended one single condition requiring any new curb inlets that are installed are to be designed for 10 year rain event. Chairman Nejad asked if there were any questions for Mr. Boone. Bernardino Tristan representing Fitz & Shipman at 1405 Cornerstone Court addressed the Commissioners. Mr. Tristan stated that the Plat was a re -submittal. Commissioner Williams -Mason made a motion to approve a request for a Preliminary Plat approval of West Chase Village, Section 10 with the following condition: 1. Any new curb inlets are designed on a 10 year, rain event Commissioner Messina seconded the motion. Motion to approve carried 7:0. 5) Replat of Lot 1 & Lot 2, Meeker West: A Replat of Lot I & Lot 2A, Meeker West, Jefferson County, Texas Location: Meeker West Applicant: Faust Engineering & Surveying Mr. Boone presented the staff report. Richard Faust, representing Faust Engineering and Surveying, Inc., has requested approval of Replat of the 2.06 acre Lot 1 & Lot 2 Meeker West Subdivision into Lot 1 A, Lot 2A Meeker West Subdivision. The property is located at 129 and 195 Patina Drive. The purpose of the plat is to move a lot line which the residence sits upon and allow the structure to be located within the property lines. The lots exceed the minimum lot area, width and depth requirements for residential property. The item was sent to all 9 (nine) interested parties. There were no repsonses in favor or in opposition. The Planning staff recommended approval. Chairman Nejad asked were there any questions for Mr. Boone. Richard Faust representing Faust Engineering at 2525 Calder was present and stated his address to the Commissioners. Chairman Nejad asked if anyone would like to speak for or against the case. Public hearing was closed. Commissioner Messina made a motion to approve a request for a Replat of the 2.16 acre Lots 1 & 2 Meeker West Subdivision into Lots IA and 2A Meeker West Subdivision as requested. Commissioner Little seconded the motion. Motion to approve carried 7:0. 6) Preliminary Plat of Pine Island Estates, Phase I: A Preliminary Plat of Pine Island Estates, Phase I, Lots 1-4, Block 1, Lots 1-3, Block 2, out of the James Gerish, Sr., League, A-24, H.T. & B.R.R. Survey, Section 5, A-140, Jefferson County, Texas Location: Pine Island Estates Applicant: Fitz & Shipman Mr. Boone presented the staff report. Fitz & Shipman, Inc. has requested preliminary plat approval of Pine Island Estates, Phase 1. The property is located near the intersection of Pine Island Road and the west end of Walden Rd. The development is a 15.857 acre, single family residential subdivision, and the proposed layout shows 7 single family lots. All lots will access Pine Island Road. Sanitary sewer will be individual aerobic treatment units. Water will be provided by extension of water lines from Meeker Water Supply Corporation. The applicant is requesting a variance to the streetlight and sidewalk requirements due to the fact that the limited number of lots is not "within" a new subdivision, these improvements are not required. The applicant also requests a variance to sidewalk requirements. This item was sent to all interested parties. The Planning staff recommended approval. Chairman Nejad asked if there were any questions for Mr. Boone. Don King representing Fitz & Shipman at 1405 Cornerstone Court addressed the Commisioners. Vice -Chairman Craig made a motion to approve a Preliminary Plat of Pine Island Estates, Phase I as requested. Commissioner Williams -Mason seconded the motion. Motion to approve carried 7:0. 7) Preliminary Plat of Diamond D Estates, Phase 1: Preliminary Plat of Diamond D Estates, Phase I, Tracts 1-10 Location: Diamond D Estates Applicant: Fitz & Shipman Mr. Boone presented the staff report. Fitz & Shipman, Inc. has requested preliminary plat approval of Diamond D Estates Phase 1, Tracts 1 - 10. The property is located approximately `/2 mile south of U.S. 90W along Pine Island Levee Road within the ETJ. The development is a 100.00 acre, single family residential subdivision, and the proposed layout shows 10 single family tracts. All lots will access Pine Island Levee Road. Sanitary sewer will be individual aerobic treatment units. Water will be provided by extension of water lines from Meeker Water Supply Corporation. The applicant is requesting a variance to the streetlight and sidewalk requirements due to the rural nature of the subdivision. Mr. Boone stated that because this is not an internal subdivision, streetlight and sidewalks are not required. The item was sent to all interested parties. The Planning staff recommended approval with the following conditions: 1. Provide information on the pipeline easement crossing tracts 1 — 4. 2. Provide a comprehensive drainage plan approved by Jefferson County Engineering and DD6. Chairman Nejad asked Mr. Boone why he was asking for the pipeline's approval. Mr. Boone answered he would like to ensure that the lots are developable. Chairman Ncjad asked wether or not he wanted positive or negative feedback. Mr. Boone stated he would like it to state on the Final Plat that they are aware of the easement on the property. Mr. Don King representing Fitz & Shipman at 1405 Cornerstone Court addressed the Commissioners. Mr. King stated he will provide the information requested and he stated that 15.86 acres is incorrect and that the water wells would be an option. Also working with DD6 regarding ditches and culverts. Vice -Chairman Craig made a motion to approve a Preliminary Plat of Diamond D Estates, Phase I, Tracts 1-10 with the following conditions: Provide information on the pipeline easement crossing tracts 1 — 4. 1. Provide a comprehensive drainage plan approved by Jefferson County Engineering and DD6. 2. Provide a comprehensive drainage plan approved by Jefferson County Engineering and DD6. Commissioner Messina seconded the motion. Motion to approved carried 7:0. S) Preliminary Plat of Ridgecrest Subdivision, Unit 4, Block 1, Lots 1-21: Preliminary Plat of Ridgecrest Subdivision, Unit 4, Location: Ridgecrest Subdivision, Unit 4 Applicant: Fitz & Shipman Mr. Boone presented the staff report. Fitz & Shipman, Inc. has requested preliminary plat approval of Ridgecrest Subdivision, Unit 4. The project is located within the 5 mile ETJ of the City of Beaumont and near the intersection of FM 365 and LaBelle Road at the north end of Ridgecrest Drive. The development is a 74.17 acre, twenty-one (21) lot, single family, residential subdivision. All streets will have a 60' right-of-way and 20' wide pavement. Water will be provided by West Jefferson County Municipal District and sanitary sewer will be provided by the individual aerobic sewer systems. The item was sent to all interested parties. The Planning staff recommended approval with the following condition: 1. Completion of Ridgecrest Subdivision, Unit 4-A. and with variances to: 1. Cul-de-sac street length requirements. 2. Maximum of twenty-four (24) residences on a single outlet. 3. Block length greater than 1200' requirement. 4. Streetlight and sidewalk requirements due to the rural type development. This plat has been before the Planning Commission a couple of times. Chairman Nejad asked were there any questions for Mr. Boone. Don King representing Fitz & Shipman at 1405 Cornerstone Court addressed the Commissioners. Discussion followed. Commissioner Williams -Mason made a motion to approve a request for a Preliminary Plat of Ridgecrest Subdivision, Unit 4 with the following condition: 1. Completion of Ridgecrest Subdivision, Unit 4-A. and with variances to: 1. Cul-de-sac street length requirements. 2. Maximum of twenty-four (24) residences on a single outlet. 3. Block length greater than 1200' requirement. 4. Streetlight and sidewalk requirements due to the rural type development. Vice -Chairman Craig seconded the motion. Motion to approve carried 7:0. 9) Preliminary Plat of Deerfield, Phase 4: Preliminary Plat of Deerfield, Phase IV Subdivision, Beaumont, Jefferson County, Texas Location: Deerfield Phase 4 Applicant: Kim Carroll Mr. Boone presented the staff report. Kim Carroll, representing Carroll & Blackman, Inc., has submitted a Plat of the 6.212 acre Deerfield Phase IV Subdivision. The property is located north of the intersection of Deerfield Drive and S.H. 105. The purpose of the plat is to create 20 single family residential lots. The lot exceeds the minimum lot area, width and depth requirements for residential property. The item was sent to all interested parties. The Planning staff recommended approval subject to the following conditions: 1. Show and Label Zone A SFHA on the plat map. 2. Provide a list of proposed covenants. The Public Works Engineering staff recommends approval subject to the following conditions: 3. The storm sewer from Chappell Hill Drive to DD6 drainage ditch 1004-B must be designed for the 100 year rain event. 4. All lots shall drain toward the street, not the DD6 drainage ditch Chairman Nejad asked if there were any questions for Mr. Boone. Kim Carroll representing Carroll & Blackman at 3120 Fannin was present and addressed the Commissioners. Mr. Carroll stated he will address all conditions and comments that are on the staff report. Chairman Nejad opened the public hearing. Public hearing was closed. Commissioner Messina made a motion to approve a request for a Preliminary Plat of Deerfield, Phase IV Subdivision, Beaumont, Jefferson County, Texas subject to the following conditions: 1. , Show and label Zone A SFHA on the plat map. 2. Provide a list of proposed covenants. The Public Works Engineering staff recommends approval subject to the following conditions: 3. The storm sewer from Chappell Hill Drive to DD6 drainage ditch 1004-B must be designed for the 100 year rain event. 4. All lots shall drain toward the street, not the DD6 drainage ditch Chairman Nejad seconded the motion. Motion to approve was approved by 6:0. Commissioner Little abstained from voting. 10) File 860-OB: A request to abandon 0.0781 acre portion of a general utility easement. Location: 1610 IH 10 East Applicant: Anthony M. Leger, Soutex Surveyors & Engineers Mr. Boone presented the staff report. Anthony Leger of Soutex Surveyors & Engineers is requesting an abandonment of the general utility easement located at 1610 IH-10 East, on behalf of Shujat Holding Company. The easement was created when a portion of Isla Street was abandoned in 1982. In 2001, Spurg, L.L.C. received a permit to construct the existing convenience store on a portion of the subject easement. A 20'x84' portion of the building sits within the easement. Site plans submitted for the permit did not show any existing easements. An application for abandonment, submitted in 2002, was presented to the Commission with a recommendation for denial. Entergy and Southwestern Bell both had objections to the abandonment. In August, another request was brought to the Commission and denied. Although Entergy no longer took issue with the request, AT&T and Time Warner Cable wished to retain the easement. The applicant was informed that a written statement from AT&T releasing the easement would be necessary for further review. Both AT&T and Time Warner Cable have now agreed to release the easement, so the request is being presented once more. The item was sent to all interested parties. The Planning staff recommended approval. Slides were shown. Chairman Nejad asked if there were any questions for Mr. Boone. Anthony Leger representing Soutex Surveyors & Engineers at 3737 Doctors Drive, Port Arthur, Texas was present and addressed the Commissioners. No discussion, questions or comments. Commissioner Little made a motion to consider a request to abandon 0.0781 acre portion of a general utility easement as requested in File 860-013. Commissioner Williams -Mason seconded the motion. Motion to approve carried 7:0. 11) File 861-OB: A request for a waiver to the required sidewalk along Calder. Location: 870 Calder Avenue Applicant: Buckner Retirement Services, Inc. Mr. Boone presented the staff report. Lloyd McWilliams, on behalf of Buckner Retirement Services, is requesting a waiver to the requirements for a sidewalk. The sidewalk would be required as part of their proposed expansion of the facility that would include approximately eight new buildings. The development is being constructed at 8070 Calder Avenue. Reasons stated for the waiver request include lack of adequate right-of-way, due to a drainage swale, due to the curve and 30 mph speed limit, a sidewalk would be dangerous, several accidents have occurred in this area, sidewalks at the far west end of the property would end at a DD6 ditch, requiring pedestrians to navigate the bridge. With regard to the waiver the ordinace states: (3) The planning and zoning commission may grant a waiver to the sidewalk requirement if the applicant can prove that there is an engineering reason for not installing a sidewalk. (Chapter 26, Section 26.03.004 (3)) Although a letter has been submitted from an engineer, City Engineering has reviewed the request and states, "According to AASHTO Geometric Design of Highways and Streets Chapter 4.17, Border (space between roadway and property line) width varies considerably, but 8 feet is considered an appropriate minimum width. In this case, there is an average of 20' wide border and there is enough room to install a 4' wide sidewalk " Also, with regard to the right-of-way, while a gentle swale does exist on part of the right- of-way between the site's fence and curb, we have seen recent examples on Major Drive where a sidewalk was waived because of a similar swale, but sidewalks were able to be installed, thereafter. Given the proximity of this and other residential uses to nearby shops and restaurants, staff feels that every attempt should be made to provide the sidewalk. Staff recommended denial. Slides were shown. Don King representing Fitz & Shipman at 1405 Cornerstone Court addressed the Commissioners. Vice -Chairman Craig made a motion to deny a request for a waiver to the sidewalk requirement along Calder Avenue as requested in File 861 -OB. Commissioner Colbert seconded the motion. Motion to deny carried 6:0. Commissioner Ava Graves abstained from voting. JOINT PUBLIC HEARINGS 1) File 2239-P: A request for a Specific Use Permit to allow an after school tutoring program (Alice D. Weiner Children Center) in an RM-H (Residential Multiple Family Dwelling -Highest Density District). Applicant: Clarissa Provost Location: 2205 Washington Boulevard Mr. Boone presented the staff report. Clarissa Provost would like to open a non-profit after school tutoring/mentor program in her home at 2205 Washington Boulevard. The program will be for children from 11-17 years of age and will operate from 3prn - 6pm, Monday - Thursday. Activities will include tutoring, homework supervision and assistance, mentoring and college/career counseling. Participants will not be charged. The applicant is requesting a waiver to the required perimeter screening and landscape buffer. An existing 4' chain link fence divides the subject property from neighboring properties. Staff recommended approval with the following conditions: 1. All requirements set forth by City Health, Building and Fire Departments be met. 2. Add 6' landscaped strip for the full length of the parking area as.required by ordinance. Twenty-eight (28) notices were mailed to property owners within 200' of the subject property. Slides were shown. Beverly Wilson at 665 N. 0" Street addressed the Commissioners and spoke in favor of the school. Discussion followed. Chairman Nejad opened the public hearing. Arthur Weiner at 2105 S. Major stated that the center was named after his wife Alice. Chairman Nejad asked if anyone else would like to speak for or against the case. The public hearing was closed. Commissioner Messina made a motion to approve a request for a Specific Use Permit to allow an after school tutoring program (Alice D. Weiner Children Center) in an RM-H (Residential Multiple Family Dwelling -Highest Density District) as requested in File 2239-P with the following conditions: 1. All requirements set forth by City Health, Building and Fire Departments be met. 2. Add 6' landscaped strip for the full length of the parking area as required by ordinance. . Vice -Chairman Craig seconded the motion. Motion to approve carried 7:0. 2) File 2240-P; A request for a Specific Use Permit to allow a warehouse and internal storage facility in a GC -MD (General Commercial -Multiple Family Dwelling) District. Location: 4960 Washington Boulevard Applicant: William Dishman Mr. Boone presented the staff report. William Ford Dishman, representing Milton Seiler, LLC, would like to use the property at 4960 Washington Boulevard for warehousing and storage. Milton Seiler, LLC, would store various items such as, but not limited to, pumps, gearboxes, heat exchangers, valves, gears and fans. Critical spares that there is no room to store at the plant, but indoor and/or climate controlled storage is preferred. This property was previously used for manufacturing. Slides were shown. Twelve (12) notices were mailed to property owners within 200' of the subject property. No responses were received in favor of or in opposition, The applicant, William Ford at 216 W. Circuit, was present and stated he is an industrial salesman and need a climate controlled storage. Chairman Nejad asked if there were any questions or comments. The public hearing was closed. Vice -Chairman Craig made a motion to approve a request for a Specific Use Permit to allow a warehouse and internal storage facility in a GC -MD (General Commercial -Multiple Family Dwelling) District as requested in File 2240-P. Commissioner Williams -Mason seconded the motion. Motion to approve carried 7:0. 3) File 2241-P: A request for a Specific Use Permit to allow HIV screening, prevention and intervention in an RCR-H (Residential Conservation Revitalization -Historic) District. Location: 2261 North Street Applicant: Land Manor, Inc. Mr. Boone presented the staff report. Land Manor, Inc. PALM Center, would like to use the property at 2261 North Street for prevention and intervention services including HIV screenings. PALM Center is a program of the Texas Department of State Health Services. Traffic for these services will usually be by appointment only. All screenings will be conducted between the hours of Sam and 5pm, Monday thru Friday. Land Manor is requesting a waiver to any additional landscaping or screening requirements as to maintain previous harmony with the neighboring properties. Staff recommended approval with the following conditions: 1. RPZ required to be installed. 2. Health inspections approved. 3. Scope of activity shall be limited to that outlined in applicant's letter. Slides were shown. Twelve (12) notices were mailed to property owners within 200 feet of the subject property. No responses were returned in favor and two were returned in opposition. Mr. Gore and the Oaks Historic District oppose. Carl White representing Land Manor at 4655 Collier addressed the Commissioners. Discussion followed. William James another representative of Land Manor Dylan addressed the Commission. Gretchen Hargroder at 2301 Long expressed denial of the SUP because she would like the neighborhood to remain a neighborhood. William James representing Land Manor reiterated that the traffic would be kept to a minimum and the zip code was identified as prevalent in the area. Holly Loza at 2255 North Sheet resides next to the possible business and expressed concerns for her family regarding the clientele, lifestyles and used needles. Mrs. Loza stated that the business is for the community, however, just not in the neighborhood and next door to her home. Discussion followed. Chairman Nejad closed the public hearing. Commissioner Graves made a motion to approve a request for a Specific Use Permit to allow HIV screening, prevention and intervention in an RCR-H (Residential Conservation Revitalization -Historic) District as requested in File 2241-P with the following conditions and waiver: 1. RPZ required to be installed. 2. Health inspections approved. 3. Scope of activity shall be limited to that outlined in applicant's letter. A waiver to any additional landscaping or screening requirements as to maintain previous with the neighboring properties. Messina seconded the motion. Motion to approve carried 6:1. OTHER BUSINESS THERE BEING NO OTHER BUSINESS THE MEETING WAS ADJOURNED AT 4:56 P.M. At op ABSTENTION AFFIDAVIT THE STATE OF TEXAS § COUNTY OF JEFFERSON § 1, I�1-4 a'_ve� —, as a rrlember of the 14-nn Zonin (City Council, Commission, or Board) make this affidavit and hereby on oath state the follo g: I, ancWr a person or persons related to me, h. a substantial interest in a business entity that would be peculiarly affected by a vote or decision of the 'ar►n ,h pZvnI' (City Council, Commission, or Board) as those terms are defined in V.T.C.A., Local Governme Code, 171.002. The business entity is: wo K'n ,.-. +l4t cew'. Sf UiCcs (Name) o gp (Address) ("I," or name of relative and relationship) have/has a substantial interest in this business entity for the following reasons: (check all ofwhicA are applicable.) Ownership of 10 percent or more of the voting -stock or shares of the business entity. Ownership of either 10 percent or more or $15,00.0 or more of the fair market value of the business entity. Funds received from the business entity exceed 10 percent of (my, her, his) gross income for the previous year. Real property is involved, and (I,.he, she) have an interest which is an equitable or legal ownership with a fair market value of at least $2,500. A relative of mine, within the first or second degree by blood or marriage, has a substantial interest in the business entity or property that would be affected by a decision of the public body of which I am a member. Upon filing of this affidavit with the City Clerk, I affirm that I will abstain from voting on any decision involving this business entity and from any further participation on this matter whatsoever. Signed this the � ( day of S 20 X-V �4��� Siighanf Offic Title BEFORE ME, the undersigned authority, on this day personally appeared and on oath stated that the facts hereinabove stated are true to the best of his/her knowl Age or belief. SWORN to and subscribed before me on this the day of, eAAa20 hL •S,R* poa.,, LINDSEY NICHOLE GItBREATH Notary Public4d and for the Sate of Texas Notary Public, State of Texas My Commksslon Expires June 14, 2016 ABSTENTION AFFIDAVrr THE STATE OF TEXAS § COUNTY OF JEFFERSON § I, /&% / L /71-11 , as a member of the (City Council, Commission, or Board) make this affidavit and hereby on oath state the following: I, and/or a person or persons related to me, have a ubstantial interest in a business entity that would be peculiarly affected by a vote or decision of theCouncil, Commission, or Board) as those terms are defined in V.T.C.A., Local Government Code, § 171 002. r- The business entity is: z Tc/dU �L (Name) 77 -777 (Address) (" I," or name of relative and relationship) % 117have/has a substantial interest in this business entity for the following reasons: (check all of which are applicable.) Ownership of 10 percent or more of the voting stock or shares of the business entity. Ownership of either 10 percent or more or $15,00.0 or more of the fair market value of the business entity. Funds received from the, business entity exceed 10 percent of (my, her, his) gross income for the previous year. Real property is involved, and (I,.he, she) have an interest which is an equitable or. legal ownership with a fair market value of at least $2,500. A relative of mine, within the first or second degree by blood or marriage, has a substantial interest in the business entity or property that would be affected by a decision of the public body of which I am a member. Upon filing of this affidavit with the City Clerk, I affirm that I will abstain from voting on any decision involving this business entity and from any further participation on this matter whatsoever. Signed this the day of z 20 7 Signature 'of Of Title BEFORE ME, the undersigned authority, on this day personally appeared and on oath stated that the facts hereinabove stated are true to the best of his/her knowledge or belief. SWORN to and subscribed before me on this the CAI day of.��Vqyl(261 ID. Notary Pu c in and for the Sate of Texas LINbSEY NICkOIE GILBREATH Notary Public, State of Texas =�.. My commisslon Expires June 1A, 2016