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HomeMy WebLinkAbout6-16-14 PC Minutes * M I N U T E S * REGULAR MEETING JOINT PUBLIC HEARINGS PLANNING COMMISSION CITY COUNCIL City Council Chambers June 16, 2014 A Regular Meeting and Joint Public Hearings of the Planning Commission and City Council was held on June 16, 2014 and called to order at 3:00 p.m. with the following members present: Commission Members present: Chairman Sina Nejad Commissioner Lynda Kay Makin Commissioner Ransom “Duce” Jones Commissioner Walter Kyles Commissioner Lauren Williams Mason Commission Members absent: Vice-Chairman Marty Craig Commissioner Eddie Senigaur Commissioner Clint Walters Commissioner Frank Messina Commissioner Bill Little Commissioner Shani Daigle Councilmembers present: Mayor Becky Ames Mayor Pro-Tem Alan Coleman Councilman-at-Large W. L. Pate Councilman Mike Getz Councilman Jamie Smith Councilmembers absent: Councilmember-at-Large Gethrel Williams Councilman Audwin Samuel Also present: Adina Ward, Planner II; Jill Cole, Recording Secretary; Tyrone Cooper, City Attorney; Leslie Rideau, Planner I; Bethany Williams, Planning Intern APPROVAL OF MINUTES Commissioner Makin made a motion to approve the minutes of the Regular Meeting and Joint Public Hearings held May 19, 2014. Commissioner Kyles seconded the motion. Motion to approve carried 5:0. REGULAR MEETING 1) Replat of Beaumont Improvement Company: A request for a replat of a 1.782 acre tract out of Block 29, Beaumont Improvement Company into Lot 1, Johnson Estate. Location: 6112 Barrett Road Applicant: Fittz & Shipman, Inc. Ms. Ward presented the staff report. Walter Ksiazek, representing Fittz & Shipman, Inc., has requested a Replat of a 1.782 acre tract out of Block 29, Beaumont Improvement Company into Lot 1, Johnson Estate. The property is located at 6112 Barrett Road. The purpose of the plat is to allow construction of a new home. The lot exceeds the minimum lot area, width and depth requirements for residential property. Nine notices were mailed to property owners within 200’ of the subject property. No responses in favor or in opposition were returned. Planning staff recommended approval. Chairman Nejad opened the public hearing and asked for the applicant’s comments. Brian Johnson, 1155 Briarmeadow Drive, addressed the Commission. Chairman Nejad asked for comments in favor or in opposition. No comments were made. The public hearing was closed. Commissioner Jones made a motion to approve the Replat of Beaumont Improvement Company into Lot 1, Johnson Estate as requested. Commissioner Kyles seconded the motion. Motion to approve carried 5:0. JOINT PUBLIC HEARINGS 1) File 2200-P: Request for a revised specific use permit to allow a secondary school in a GC-MD (General Commercial-Multiple Family Dwelling) District. Location: 3380 Fannin Street Applicant: Girls’ Haven, Inc. Ms. Ward presented the staff report. Girls’ Haven, Inc., on behalf of The Ehrhart School, is requesting a specific use permit to remove three existing modular structures and construct a new 365 ft. educational facility. The property is located at 3380 Fannin Street. The proposed facility will consist of fourteen classrooms, a multi-media center and gymnasium. The three modular structures to be removed are currently sitting on much needed parking. Planning staff recommended approval of the request. Sixteen notices were sent to property owners within 200’ of the subject property. One response in favor and none in opposition were returned. Slides of the subject property were shown. Chairman Nejad opened the public hearing and asked for the applicant’s comments. John Swerdlow, 3755 Kenwood Drive, addressed the Commission. Chairman Nejad asked for comments in favor or in opposition. No comments were made. The public hearing was closed. Commissioner Makin made a motion to approve a revised specific use permit to allow a secondary school in a GC-MD District at 3380 Fannin Street as requested in File 2200-P. Commissioner Mason seconded the motion. Motion to approve carried 5:0. 2) File 2201-Z: Request for a rezoning from RM-H (Residential Multiple Family Dwelling- Highest Density) to GC-MD (General Commercial-Multiple Family Dwelling) District to correct the split zoning of a property. Location: 4755 Eastex Freeway Applicant: Bruce W. McVeigh Ms. Ward presented the staff report. Mr. McVeigh is planning to open a Neighbors Emergency Center at the subject location. The majority of the property is zoned GC-MD. When Mr. McVeigh contacted the city regarding the possibility of demolishing an existing building to accommodate much needed additional parking, he discovered that the portion of the property where the building sits is zoned RM-H. Adjacent property has been previously rezoned to GC-MD, leaving an odd shaped piece of the zoning district on the subject property. Planning staff recommended approval of the request. Seven notices were sent to property owners within 200’ 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. Bruce McVeigh, CEO of Neighbors Emergency Center, addressed the Commission. Chairman Nejad asked for comments in favor or in opposition. Kim Parrot, 4210 Treadway, addressed the Commission. Ms. Parrot lives directly behind the subject property and had questions regarding fencing. Chairman Nejad closed the public hearing. Commissioner Kyles made a motion to approve a request for a rezoning from RM-H (Residential Multiple Family Dwelling- Highest Density) to GC-MD (General Commercial-Multiple Family Dwelling) District to correct the split zoning of a property at 4755 Eastex Freeway as requested in File 2201-Z. Commissioner Mason seconded the motion. Motion to approve carried 5:0. 3) File 2202-P: Request for a specific use permit to allow an animal shelter and adoption center in a PUD (Planned Unit Development) District. Location: West side of Major Drive 1 ½ miles north of Highway 105 Applicant: Humane Society of Southeast Texas Ms. Ward presented the staff report. The applicant plans to offer a facility that will not only enhance the behavior and physical health of the animals, but become a destination for the community. A park like setting will accommodate walking trails as well as a dog park open to the public. The hours of operation for the shelter are typically 8 a.m. to 5 p.m. seven days a week with adoption hours starting at 11 a.m. Tuesday through Saturday and 1 p.m. on Sunday. Plans are to maintain 150 ft. of naturally wooded landscaping between the shelter and its neighbors, and play yards for dogs would be located a minimum of 400 ft. from adjacent residential neighborhoods. Staff recommended approval of the request, subject to the following condition: ▪ A natural buffer being 150 ft. wide by 900 ft. in depth along the south property line be delineated on the site plan and remain undisturbed. 114 notices were mailed to property owners within 200’ of the subject property. One response in favor and eighteen in opposition were returned. Slides of the subject property were shown. Chairman Nejad opened the public hearing and asked for comments. Ervin Berger, 6155 Chisolm Trail, addressed the Commission and expressed concern over the noise factor and how it will affect his rental properties located near the proposed facility. Mark Ferrell, 7760 Perl Road, addressed the Commission with questions about the buffer between his property and the proposed facility. Chris Leavins, attorney representing Sam Parigi, addressed the Commission and read Mr. Parigi’s letter of opposition. Mr. Parigi was out of the country and unable to attend the meeting. Chairman Nejad asked for the applicant’s comments. Amy Bean, President of the Board of Directors for the Humane Society, addressed the Commission and answered questions and addressed the concerns of the surrounding property owners regarding noise, etc. Chairman Nejad closed the public hearing. Commissioner Makin made a motion to approve a specific use permit to allow an animal shelter and adoption center in a PUD District on property located on the west side of Major Drive 1 ½ miles north of Highway 105 as requested in File 2202-P subject to the following condition: ▪ A natural buffer being 150 ft. wide by 900 ft. in depth along the south property line be delineated on the site plan and remain undisturbed. Commissioner Mason seconded the motion. Motion to approve carried 5:0. 4) File 2203-Z: Request to rezone a property from GC-MD-2 (General Commercial- Multiple Family Dwelling-2) District to RM-H (Residential Multiple Family Dwelling- High Density) District to allow single family housing. Location: West of 7080 Calder Avenue Applicant: Buckner Retirement Services, Inc. D/B/A Calder Woods Ms. Ward presented the staff report. Buckner Retirement Services, Inc. DBA Calder Woods, would like to rezone ~3.384 acres to the west of their existing property located at 7080 Calder. The property is currently zoned GC-MD-2 (General Commercial-Multiple Family Dwelling-2) and does not allow for the construction of single family dwellings. Calder Woods plans to expand onto these adjacent tracts in the near future. Planning staff recommended approval of the request. Fifteen notices were mailed to property owners within 200’ of the subject property. One response in favor and none in opposition were returned. Slides of the subject property were shown. Chairman Nejad opened the public hearing and asked for the applicant’s comments. Ben Lazzaro addressed the Commission on behalf of Calder Woods. 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 a request to rezone a property from GC- MD-2 (General Commercial-Multiple Family Dwelling-2) to RM-H (Residential Multiple Family Dwelling-High Density) District to allow single family housing on property located west of 7080 Calder Avenue as requested in File 2203-Z. Commissioner Jones seconded the motion. Motion to approve carried 5:0. 5) File 2205-P: Request for a specific use permit to allow a bar in a GC-MD (General Commercial-Multiple Family Dwelling) District. Location: 2345 Calder Avenue Applicant: Luke’s Icehouse – Beaumont, Texas, LLC Ms. Ward presented the staff report. Luke’s Icehouse has applied for a specific use permit to allow for the expansion of a bar in a GC-MD (General Commercial-Multiple Family Dwelling) District at 2345 Calder Avenue. Gary Wallace, on behalf of Luke’s Icehouse, states that the building at 2345 Calder is in disrepair and currently vacant. Luke’s would like to save this building, repurposing it for the expansion of their growing business. Much needed additional parking will be located on the west side of the building. Planning staff recommended approval of the request. Thirty-five notices were mailed to property owners within 200’ 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. Gary Wallace addressed the Commission on behalf of Silver Gordon, the owner of Luke’s. Mr. Gordon also addressed the Commission. Chairman Nejad asked for comments in favor or in opposition. No comments were made. The public hearing was closed. Commissioner Makin made a motion to approve a specific use permit to allow a bar in a GC-MD (General Commercial-Multiple Family Dwelling) District at 2345 Calder Avenue as requested in File 2205-P. Commissioner Kyles seconded the motion. Motion to approve carried 5:0. OTHER BUSINESS THERE BEING NO OTHER BUSINESS, THE MEETING WAS ADJOURNED AT 3:56 P.M.