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HomeMy WebLinkAbout7-21-14 PC Minutes * M I N U T E S * REGULAR MEETING JOINT PUBLIC HEARINGS PLANNING COMMISSION CITY COUNCIL City Council Chambers July 21, 2014 A Regular Meeting and Joint Public Hearings of the Planning Commission and City Council was held on July 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 Walter Kyles Commissioner Lauren Williams Mason Commissioner Eddie Senigaur Commissioner Frank Messina Commission Members absent: Commissioner Lynda Kay Makin Commissioner Ransom “Duce” Jones Commissioner Clint Walters Commissioner Bill Little Commissioner Shani Daigle Councilmembers present: Mayor Becky Ames Mayor Pro-Tem Alan Coleman Councilmember-at-Large Gethrel Williams Councilman-at-Large W. L. Pate Councilman Mike Getz Councilmembers absent: Councilman Jamie Smith Councilman Audwin Samuel Also present: Chris Boone, Director of Planning and Community Development; Adina Ward, Planner II; Jill Cole, Recording Secretary; Tyrone Cooper, City Attorney; Bethany Williams, Planning Intern APPROVAL OF MINUTES Vice-Chairman Craig made a motion to approve the minutes of the Regular Meeting and Joint Public Hearings held June 16, 2014. Commissioner Mason seconded the motion. Motion to approve carried 6:0. REGULAR MEETING 1) Preliminary Plat-Barrington Heights, Phase X: Consider a preliminary plat of Barrington Heights, Phase X; a 7 acre, 24 lot, single family residential subdivision. Location: North of Truxton Lane Applicant: R.P.S. Mr. Boone presented the staff report. R.P.S. applied for preliminary plat approval of Barrington Heights, Phase X, a 7 acre, 24 lots, and single family residential subdivision. The property is located north of Truxton Lane. All street, storm sewer, water and sanitary sewer improvements will be constructed to current City specifications. Access to the property will be via Valmont Avenue with the extension of existing streets, Merrick Lane and Dante Lane. Sidewalks will be constructed on both sides of the streets, all utilities will be underground and temporary barricades will be placed at the end of pavement for the extension of Dante Lane. Underground storm sewers will be constructed for drainage and outfall to DD#6's ditch No. 123-D and a Storm Water Pollution Prevention Plan (SWP3) will be prepared for this phase. Planning staff recommended approval. Chairman Nejad opened the public hearing and asked for the applicant’s comments. Joe Pattie with RPS addressed the Commission. Chairman Nejad asked for comments in favor or in opposition. No comments were made. The public hearing was closed. Commissioner Senigaur made a motion to approve the Preliminary Plat-Barrington Heights, Phase X as requested. Vice-Chairman Craig seconded the motion. Motion to approve carried 6:0. JOINT PUBLIC HEARINGS 1) File 2194-Z/P: Request for a zone change from RS (Residential Single Family Dwelling) to LI (Light Industrial) or a more restrictive zoning district with a specific use permit for a sandblasting shop. 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 Fontenot’s own approximately forty (40) acres at 7625 Washington Blvd., this request is for ±21.51 acres of the total area. The Fontenot’s 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. One of the primary concerns for this request is spot zoning. The reasons being: 1. The request is not in compliance with the comprehensive plan. The subject property is designated as a neighborhood growth unit. 2. The request is not consistent with the zoning or land use of the surrounding area, existing uses in the area are 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 has been developed residentially. 3. Rezoning would not serve a public purpose furthering public health, safety, morals or general welfare. After further discussion, it was decided to table this item until a future meeting. 2) File 2204-Z: Request for the removal of one and one-half lot from the Oaks Historical District. Location: 2345 Calder Avenue Applicant: Gary Wallace for Luke’s Icehouse – Beaumont Texas, L.L.C. Mr. Boone presented the staff report. Luke’s Icehouse is requesting the removal of their lots at 2345 Calder from the Oaks Historic District. The lots are occupied by a two story building that was previously used as the office for a landscaping business and then a law office. The structure is currently in need of repair. Luke’s wishes to save this building, repurposing it for the expansion of their growing business. City Council voted to approve a specific use permit to th expand their business to this location on June 24 in ordinance #14-028. When the Oaks Historic District was expanded south of Calder, 2335 and 2345 Calder was included in the Oaks Historic District at the request of the previous property owner. Since then the property at 2335 Calder was removed from the district on June 5, 2007, at the request of the owner. This is the only remaining property fronting on the south side of Calder that is within the expanded historic district. On July 14, 2014, the Historic Landmark Commission voted 5:4 to approve the request. Planning staff recommended approval of the request. Thirty-five notices were sent to property owners within 200’ of the subject property. No responses in favor and one in favor were returned. Slides of the subject property were shown. Chairman Nejad opened the public hearing and asked for the applicant’s comments. The applicant was not present. Chairman Nejad asked for comments in favor or in opposition. No comments were made. The public hearing was closed. Comments were made by members of the Commission. Vice-Chairman Craig made a motion to deny the removal of one and one-half lots from the Oaks Historical District at 2345 Calder Avenue as requested in File 2204-Z. Commissioner Kyles seconded the motion. Motion to deny carried 5:1 (Senigaur). 3) File 2206-Z: Request for a rezoning from R-S (Residential Single Family Dwelling) to GC- MD (General Commercial - Multiple Family Dwelling) District or a more restrictive district. Location: 5945 College Street Applicant: Jeff Williams 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. 4) 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. 5) 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. 6) 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.