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Home My WebLink About4-21-14 PC Minutes*MINUTES* REGULAR MEETING PLANNING COMMISSION JOINT PUBLIC HEARINGS PLANNING COMMISSION CITY COUNCIL City Council Chambers April 21, 2014 A Regular Meeting and Joint Public Hearings of the Planning Commission and City Council were held on April 21, 2014 and called to order at 3:00 p.m. with the following members present: Commission Members present: Chairman Sina Nejad Vice -Chairman Marty Craig Commissioner Lynda Kay Makin Commissioner Walter Kyles Commissioner Lauren Williams Mason Commissioner Bill Little Commission Members absent: Commissioner Ransom "Duce" Jones Commissioner Eddie Senigaur Commissioner Clint Walters Commissioner Frank Messina Commissioner Shani Daigle Councilmembers present: Mayor Pro-Tem Gethrel Williams Wright Councilman -at -Large W. L. Pate Councilman Alan Coleman Councilman Audwin Samuel Councilmembers absent: Mayor Becky Ames Councilman Commissioner Mike Getz Councilman Jamie Smith Also present: Chris Boone, Director of Planning and Community Development; Adina Ward, Planner II; Jill Cole, Recording Secretary; Sharae Reed, First Assistant City Attorney; Patrick Donart, Public Works Director APPROVAL OF MINUTES Commissioner Mason made a motion to approve the minutes of the Regular Meeting and Joint Public Hearings held March 17, 2014. Commissioner Makin seconded the motion. Motion to approve carried 6:0. REGULAR MEETING 1) File 845-OB: Request to abandon a portion of the hike and bike trail parking and access easement. Location: Corner of North Major Drive and Folsom Drive Applicant: Drainage District No. 6 Mr. Boone presented the staff report. Drainage District No. 6 granted a Hike and Bike Trail Parking and Access Easement to the City of Beaumont in March of 2012. Since the easement was granted, plans have changed and easements have been granted to accommodate the new plans. The portion of the easement in question today is no longer needed. Drainage District No. 6 is requesting the city abandon that portion which is no longer needed. The Planning staff recommended approval. Chairman Nejad asked for continents. There were no comments. Commissioner Makin made a motion to approve a request to abandon a portion of the hike and bike trail parking and access easement at the corner of North Major Drive and Folsom Drive as requested in File 845-OB. Vice -Chairman Craig seconded the motion. Motion to approve carried 6:0 JOINT PUBLIC HEARINGS Mayor Pro-Tem Wright called the Joint Public Hearing of April 21, 2014 to order and explained the purpose of the joint hearing process and then turned the meeting over to Chairman Nej ad. Chairman Nejad explained the policies and procedures for the hearing process. 1) File 2194-ZIP: Request for a zone change from RS (Residential Single Family Dwelling) District to LI (Light Industrial) District with a specific use permit to allow a sandblasting facility. Location: 7625 Washington Boulevard Applicant: Robert Dean Fontenot Mr. Boone presented the staff report. Robert Dean Fontenot is requesting a rezoning from RS (Residential Single Family Dwelling) to LI (Light Industrial) district with a specific use permit for a metal sand blasting and coating facility on his property. The Fontenots own approximately forty (40) acres at 7625 Washington Blvd., this request is for +21.51 acres of the total area. The Fontenots purchased this property approximately fifteen (15) years ago and immediately opened for business. Staff has no record of permits pulled for this business. The property includes a barn, used for their sandblasting business, which is located in an area previously used for oil and gas drilling. Mr. Fontenot contends that this oil and gas drilling operation created a "dead zone" where vegetation no longer grows, making the land unsuitable for agricultural purposes. The proposed use employs two or three employees and operates from 8 AM to 4:30 PM, Monday through Friday. Sand blasting is considered similar to other metal working uses for the purposes of zoning. The proposed use is not compatible with existing uses in the area as the area is primarily residential. While it is unfortunate that the business is not allowable in this zone type, the zoning pattern is predominantly RS. In addition the surrounding land use is residential to the north, Crescent on Walden is located to the southeast and land to the west and northwest have been developed residentially. Ten notices were mailed to property owners within 200 feet of the subject property. One response in favor and none in opposition were returned. Slides of the subject property were shown. Staff recommended denial of the request. Chairman Nejad opened the public hearing and asked comments in favor or in opposition. None were made. The public hearing was closed. Chairman Nejad said that prior discussion with the City Attorney, it was recommended that the request be tabled. The applicant was in agreement. Chairman Nejad stated that File 2194-ZIP was tabled. 2) File 2196-ZIP: Request for a revised specific use permit to allow an assisted living/memory care facility. Location: East side of North Major Drive, just north of Village Drive Applicant: David Krukiel, Three Willows Land Development, LLC (Commissioner Little abstained from participation in File 2196-ZIP.) Mr. Boone presented the staff report. In March of 2014, Mr. Krukiel applied for and received a rezoning from A-R (Agricultural Residential) to GC-MD-2 (General Commercial — Multiple Family Dwelling — 2) and a specific use permit for property along the east side of North Major, just north of Village Drive. On March 17th, Planning & Zoning Commission recommended approval of the specific use permit with the following conditions: 1) Must seek approval from TxDOT for driveway. (Transportation) 2) Parking shall be provided for staff and visitors only. (Transportation) 3) Must pass Environmental Health Inspections. (Health) 4) Storm water and drainage system shall be designed for a 100 year flood frequency with final design being approved by the owner. 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. The site plan showed a 30 foot landscaped buffer along the east and south edges of the property. On March 25th, Council approved the rezoning and specific use permit, but added the following condition: 7) Maintain a 50' wide landscaped buffer along the east property line. In addition, discussion was made of a 50' wide landscaped buffer along the south property line as well, but was not made a requirement. The applicant maintains that the development will not be possible with a 50' wide landscaped buffer along the east or south property lines. They state that the increased buffer would not leave enough room for the needed structures, storm water, parking and landscaping. 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 sent to property owners within 200 feet of the subject property. Two responses in favor and none in opposition were returned. Slides of the property were shown. Chairman Nejad opened the public hearing and asked for the applicant's comments. Debbie Cowart addressed the Commission on behalf of Sheri Arnold. She stated that the applicant can't make the project work with the additional request as it puts them over budget and the project is no longer feasible. Chairman Nejad asked for comments in favor or in opposition. John Smoter, 2585 Sunflower, addressed the Commission in opposition. Ken Shipper, 3505 Grayson, addressed the Commission in opposition. Rebuttal by Debbie Cowart. Chairman Nejad closed the public hearing. Vice -Chairman Craig made a motion to approve a revised specific use permit to allow an assisted living/memory care facility on the east side of North Major Drive, just north of Village Drive as requested in File 2196-ZIP subject to the following conditions: 1. Must seek approval from ADOT for driveway. (Transportation) 2. Parking shall be provided for staff and visitors only. (Transportation) 3. Must pass Environmental Health inspections. (Health) 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, Commissioner Makin seconded the motion. Motion to approve carried 4:1:1 (Little). OTHER BUSINESS THERE_ BEING NO OTHER BUSINESS, THE MEETING WAS ADJOURNED AT 3:47 P.M. } ABSTENTION A]FIFIDIDAAW THE STATE OF TEXAS § COUNTYOF JEFFERSON § I, . -=(� r ��f— C' , as a member of the (City Council, commission, or board) make this affidavit and hereby on oath state the fo wing: L and/or a person or persons related to me, have a substantial interest in a business 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 Obvernment Code, §171.002. The business entity is:��__ (Address) ("I," or name of relative and relationship) _ _ jn/ T L Nk . have/has a substantial interest in this business entity for the following reasons: (check all of which are applicable.) tl 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 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 2� day of , 20 Signature of Oboigi Title BEFORE ME, the undersigned authority, on this day personally appeared /vT L a fle and an 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�L day of �&/, 20LT .�/ - 4 (0 Notary Pubih nd for the State of Texas / DILL COLE My Commisslon Expires August 6. 2016 �� r d