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HomeMy WebLinkAbout3-17-14 PC Minutes*MINUTES* REGULAR MEETING PLANNING COMMISSION JOINT PUBLIC HEARINGS PLANNING COMMISSION CITY COUNCIL City Council Chambers March 17, 2014 A Regular Meeting and Joint Public Hearings of the Planning Commission and City Council were held on March 17, 2014 and called to order at 3:00 p.m. with the following members present: Chairman Sina Nejad Vice -Chairman Marty Craig Commissioner Walter Kyles Commissioner Lauren Williams Mason Commissioner Eddie Senigaur Commissioner Frank Messina Commissioner Bill Little Commissioner Shani Daigle Commission Members absent: Commissioner Lynda Kay Makin Commissioner Ransom "Duce" Jones Commissioner Clint Walters Councilmembers present: Mayor Pro-Tem Gethrel Williams Wright Councilman Alan Coleman Councilman Mike Getz Councilman Audwin Samuel Councilmembers absent: Mayor Becky Ames Councilman -at -Large W. L. Pate Councilman Jamie Smith Also present: Chris Boone, Director of Planning and Community Development; Jill Cole, Recording Secretary; Tyrone Cooper, City Attorney APPROVAL OF MINUTES Vice -Chairman Craig made a motion to approve the minutes of the Regular Meeting and Joint Public Hearings held February 17, 2014. Commissioner Mason seconded the motion. Motion to approve carried 8:0. REGULAR MEETING 1) Preliminary Replat-Tracts 2, 3 and 4, Doguet's Diamond D Ranch Subdivision, Phase 1: Consider the preliminary replat of Tracts 2, 3 and 4 into Tracts 2A, 2B, 3A, 3B and R Doguet's Diamond D Ranch Subdivision, Phase 1. Location: 15151, 15113 & 15063 U. S. Highway 90 Applicant: Fittz & Shipman, Inc. Mr. Boone presented the staff report. Donald R. King, representing Fittz & Shipman, Inc., has requested a preliminary replat of Tracts 2, 3, and 4 Doguet's Diamond D Ranch Subdivision, Phase 1 into Tracts 2A, 2B. 3A, 313 & R. The property is located on the south side of US Highway 90, in the City of Beaumont's Extraterritorial Jurisdiction. Doguet's Diamond D Ranch, LTD would like to divide Tracts 2 & 3 in half and provide a common access that will meet TxDOT's driveway spacing regulations. All lots exceed the minimum lot area, width and depth requirements for commercial properties. Thirteen notices were sent to adjacent property owners. No responses in favor or in opposition were returned. The Planning staff recommended approval subject to the following conditions: 1. Storm water drainage discharge into the State right-of-way shall be permitted by TxDOT. 2. The 30' wide drainage easement along the south edge of Tracts 2B & 3B will be maintained by the developer. and with variances to: 1. Street light requirement. 2. Sidewalk requirement. Chairman Nejad opened the public hearing and asked for the applicant's comments. Don King with Fittz & Shipman, Inc. addressed the Commission. Chairman Nejad asked for comments in favor or in opposition. No comments were made. The public hearing was closed. Commissioner Mason made a motion to approve the Preliminary Replat of Tracts 2, 3 and 4 into Tracts 2A, 2B, 3A, 3B and R Doguet's Diamond D Ranch Subdivision, Phase 1, located at 15151, 15113 & 15063 U. S. Highway 90 subject to the following conditions: 1. Storm water drainage discharge into the State right-of-way shall be permitted by TxDOT. 2. The 30' wide drainage easement along the south edge of Tracts 2B & 3B will be maintained by the developer. and with variances to: 1. Street light requirement. 2. Sidewalk requirement. Commissioner Kyles seconded the motion. Motion to approve carried 8:0. JOINT PUBLIC HEARINGS Mayor Pro -Tern Wright called the Joint Public Hearing of March 17, 2014 to order and explained the purpose of the joint hearing process and then turned the meeting over to Chairman Nejad. Chairman Nejad explained the policies and procedures for the hearing process. 1) File 2196-ZIP: Request for a zone change from A-R (AgriculturaI-Residential) to GC- MD-2 (General Commercial -Multiple Family Dwelling-2) District with a specific use permit to allow an assisted living/memory care facility. Location: East side of North Major, just North of Village Drive Applicant: David Krukiel, Three Willows Land Development, LLC (Commissioner Little abstained from File 2196-ZIP). Mr. Boone presented the staff report. David Krukiel for Three Willows Land Development, LLC is representing Avalon who would like to build a privately funded 30- bed non -medical assisted living facility that specializes in care for the memory impaired. The facility will consist of three single -story structures with different facades in order to create a "neighborhood" like environment. Each structure will be designed to appear as a single-family home including a yard, kitchen and living spaces. Avalon specializes in care for patients with memory impairment diseases such as Dementia and its most common form, Alzheimer's. Staff is on site and residents are monitored 24-hours a day. Facilities have a high direct caregiver -to -resident ratio and have been designed to provide a highly secured environment. Staff believes this facility would provide a much needed buffer to existing single family development to the east and future commercial development fronting on Major Drive. Forty one notices were mailed to property owners within 200 feet of the subject property. Two responses in favor and none in opposition were returned. SIides of the subject property were shown. Staff recommended approval of the zone change from A-R to GC-MD-2 and a specific use permit to allow an assisted living / memory care facility in a GC-MD-2 District subject to the following conditions: 1. Must seek approval from TxDOT for driveway. 2. Parking shall be provided for staff and visitors only. 3. Must pass Environmental Health Inspections. 4. Storm water and drainage system shall be designed for a 100 year flood frequency with final design being approved by the City and TxDOT. 5. The detention pond shall be maintained by the owner. 6. Provision for an 8' wooden privacy fence where the property abuts residentially zoned property. Chairman Nejad opened the public hearing and asked for the applicant's comments. David Krukiel addressed the Commission on behalf of Avalon Homes, distributed pamphlets and answered questions. Chairman Nejad asked for comments in favor or in opposition. John Smoter, 2585 Westchase, addressed the Commission in opposition to the request. Daniel Green, 2577 Sunflower, addressed the Commission and stated that the neighbors have not seen a site plan and expressed concerns about the details of the project. Charles Cox, 3510 Grayson Lane, addressed the Commission and expressed similar concerns as the other neighbors. Sheri Arnold addressed the Commission in favor of the request. Rebuttal by Mr. Krukiel. Chairman Nejad closed the public hearing. Conunissioner Senigaur made a motion to approve a zone change from A-R (Agricultural -Residential) to GC-MD-2 (General Commercial -Multiple Family Dwelling- 2) District with a specific use permit to allow an assisted living/memory care facility on property located on the east side of North Major, just North of Village Drive as requested in File 2196-ZIP, subject to the following conditions: 1. Must seek approval from TxDOT for driveway. 2. Parking shall be provided for staff and visitors only. 3. Must pass Environmental Health Inspections. 4. Storm water and drainage system shall be designed for a 100 year flood frequency with final design being approved by the City and TxDOT. 5. The detention pond shall be maintained by the owner. 6. Provision for an 8' wooden privacy fence where the property abuts residentially zoned property. Vice -Chairman Craig seconded the motion. Motion to approve carried 7:0:1. 2) File 2197-P: Request for a specific use permit to allow a cellular tower in a GC -MD (General Commercial -Multiple Family Dwelling) district. Location: 7510 Tolivar Road Applicant: Jeannie Gurley, with Proteus — Services on behalf of Banah Partners Mr. Boone presented the staff report. Jeannie Gurley with Proteus-Services on behalf of Banah Partners is requesting permission to construct a 180' monopole cellular tower. The property is located at 7510 Tolivar Road and is owned by Banah Partners. Christus St. Elizabeth Medical Group currently has a facility located on the northeast portion of the property. Ms. Gurley states that a new cell site location is necessary to provide coverage to their customers. The new tower will improve network coverage for Verizon Wireless customers in the Beaumont area. Due to customers depending on wireless more and more each day for calls and data service, Proteus is committed to providing a reliable wireless network. Three notices were sent to property owners within 200 feet of the subject property. No responses in favor or in opposition were returned. Slides of the property were shown. Staff recommended approval with the following condition: 1. Provide buffer landscaping / screening around the perimeter of the lease site. Chairman Nejad opened the public hearing and asked for the applicant's comments. Landon Holloman with Proteus Services addressed the Commission. Chairman Nejad asked for comments in favor or in opposition. No comments were made. The public hearing was closed. Commissioner Daigle made a motion to approve a specific use permit to allow a cellular tower in a GC -MD (General Commercial -Multiple Family Dwelling) district at 7510 Tolivar Road as requested in File 2197-P subject to the following condition: 1. Provide buffer landscaping / screening around the perimeter of the lease site. Commissioner Little seconded the motion. Motion to approve carried 8:0. 3) File 2198-P: Request for a specific use permit to allow health screening services in an RCR-H (Residential Conservation and Revitalization -Historic) District. Location: 2263 North Street Applicant: Tanya Freeman Mr. Boone presented the staff report. Tanya Freeman would like to open a clinic for health screening at 2263 North Street. MW Clinical Research is a privately owned facility that provides clinical trials. Pharmaceutical companies rely on such centers to test new medications before applying to the FDA for permission to market the medication. Activities to be conducted at this location may include completion of questionnaires, collection of vital signs & labs and dispensing of study medications. As this is an existing office building in Old Town, and no construction is proposed, a waiver of the landscaping/screening requirements is recommended. Staff recommended approval of this request with a modification to the land scaping/screening requirements (no additional landscaping or screening requirements along the south, cast and west property lines). Thirty-two notices were sent to property owners within 200 feet of the subject property. No responses in favor or in opposition were returned. Slides of the subject property were shown. Chairman Nejad opened the public hearing and asked for the applicant's comments. Tanya Freeman addressed the Commission. Chairman Nejad asked for comments in favor in opposition. No comments were made. The public hearing was closed. Commissioner Mason made a motion to approve a specific use permit to allow health screening services in an RCR-H (Residential Conservation and Revitalization -Historic) District at 2263 North Street as requested in File 2198-P with a modification to the landscaping/screening requirements (no additional landscaping or screening requirements along the south, east and west property lines). Vice -Chairman Craig seconded the motion. Motion to approve carried 8:0. 4) File 2199-P: Request for a specific use permit to allow a second dwelling unit on property zoned RS (Residential Single Family Dwelling) District. Location: 8520 Spurlock Road Applicant: Dr. Ceasar Deiparine Mr. Boone presented the staff report. Dr. Deiparine recently built a barn behind his residence located on his nine acre tract at 8520 Spurlock Road. The 4,500 sq. ft. building includes a storage area and a game room. Dr. Deiparine is requesting this specific use permit to also allow a living unit in this accessory structure for family members. Four notices were mailed to property owners within 200 feet of the subject property. No responses in favor or in opposition were returned. Slides of the subject property were shown. Staff recommended approval with the following condition: 1. The second dwelling unit will not be leased. Chairman Nejad opened the public hearing and asked for the applicant's comments. James Hoskinson with MRT Contracting addressed the Commission on behalf of Dr. Deiparine. Chairman Nejad asked for comments in favor or in opposition. No comments were made. The public hearing was closed. Vice -Chairman Craig made a motion to approve a specific use permit to allow a second dwelling unit on property zoned RS (Residential Single Family Dwelling) District at 8520 Spurlock Road as requested in File 2199-P, subject to the following condition: 1. The second dwelling unit will not be leased. Commissioner Daigle seconded the motion. Motion to approve carried 8:0. OTHER BUSINESS THERE BEING NO OTHER BUSINESS, THE MEETING WAS ADJOURNED AT 4:19 P.M. AiBS'I`EN'JCIION AFFIDAVIT THE STATE OF TEXAS § COUNTYOF JEFFERSON § I, //� �/ , as a member of the �owing.: (City Councilcommission, or board) make this affidavit and hereby on oath state /or a person or persons related to me, have a substantial interest in iness entity that would be peculiarly affected by a vote or decision of the (City Council, commission, or board) as those terms are defined in V.T.C.A.,/Local Government Code, §171,002. The business entity is: arne) f— �i7Z -7 7 (Address) „ j �� ( �, or name of relative and relationship) have/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 $5,000 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 of blood or marriage, has a substantial interest in the business entity or properly 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 Y 7 day of "22""' 20 Signatur�e,ffici Title BEFORE ME, the undersigned authority, on this day personally app eared .. )'dI L, I % and an oath stated that the facts hereinabove stated are true to the best of his/her knowledge or belief. / ,20/Y. SWORN to and subscribed before me on this 7 day of " Notary Public%'�d for the State of Texas JIjL COLE My Commission Expires t.- August 6; 2016