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HomeMy WebLinkAbout4-15-13 PC Minutes*MINUTES* REGULAR MEETING JOINT PUBLIC HEARINGS PLANNING COMMISSION CITY COUNCIL City Council Chambers April 15, 2013 A Regular Meeting and Joint Public Hearings were held on April 15, 2013 and called to order at 3:00 p.m. with the following members present: Chairman Sina Nejad Commissioner Lynda Kay Makin Commissioner Ransom "Duce" Jones Commissioner Walter Kyles Commissioner Lauren Williams Mason Commissioner Eddie Senigaur Commissioner Shani Daigle Commission Members absent: Vice -Chairman Marty Craig Commissioner Steven Johnson Commissioner Clint Walters Commissioner Bill Little Commissioner Frank Messina Councilmembers present: Mayor Pro -Tern Alan Coleman Councilman -at -Large W. L. Pate Councilmember-at-Large Gethrel Williams Wright Councilman Mike Getz Councilman Audwin Samuel Councilman Jamie Smith Councilmembers absent: Mayor Becky Ames Also present: Steve Richardson, Planning Director, Bill Cobabe, Senior Planner, Adina Ward, Planner II, Jill Cole, Recording Secretary, Chris Boone, Community Development Director; Quentin Price, First Assistant City Attorney Commissioner Nejad welcomed the newest member to the Commission, Shani Daigle. APPROVAL OF MINUTES Commissioner Mason made a motion to approve the minutes of the Joint Public Hearings held March 18, 2013. Commissioner Jones seconded the motion. Motion to approve carried 7:0. REGULAR MEETING 1) File 832-OB: Request to abandon a 60' x 140' unimproved street right-of-way. Location: Estelle between 3505 Westmoreland and 3495 Westmoreland Applicant: Melissa Jackson Mr. Richardson presented the staff report. Melissa Jackson is requesting the right-of-way abandonment so that she may incorporate a portion or all of it with her property at 3505 Westmoreland. This item was sent to all interested parties. Water Utilities has a 10" sanitary sewer main within Estelle and has no objection to the abandonment as long as a number of conditions are met. Mr. Richardson recommended approval subject to the following condition: 1. A utility easement will need to be retained. The easement must contain the following information: 1. No structures or appurtenances shall be placed within the easement property; and, 2. Water utilities will not be responsible for any surface restoration when water and/or sanitary sewer main repairs are needed. In response to Commissioner Mason, Mr. Richardson stated that the applicants are not required to pay for the property and it depends on how it was dedicated originally as to how it's divided. Usually, half goes to one adjacent property owner and the other half goes to the other adjacent property owner. Mr. Price clarified that once the city abandons the property and it's claimed by the owner, they are then responsible for the property taxes. Chairman Nejad asked for the applicant's comments. Ms. Jackson, the applicant, addressed the Commission. Commissioner Senigaur made a motion to approve the abandonment of a 60' x 140' unimproved street right-of-way between 3505 Westmoreland and 3495 Westmoreland as requested in File 832-OB approval subject to the following condition: 1. A utility easement will need to be retained. The easement must contain the following information: 1. No structures or appurtenances shall be places within the easement property; and; 2. Water Utilities will not be responsible for any surface restoration when water and/or sanitary sewer main repairs are needed. Commissioner Makin seconded the motion. Motion to approve carried 7:0. 2) File 833-OB: Request to abandon approximately 0.3611 acres of Stagg Drive. Location: Stagg Drive approximately 250' from 11"' Street Applicant: John Rose for HEB Grocery Co. Mr. Richardson presented the staff report. John Rose, Sr. Due Diligence Manager for HEB Grocery Company, LP, has applied for the abandonment of approximately 290' of Stagg Drive right-of-way. This portion of Stagg is east of 11" St. and west of that portion of Stagg that was abandoned in June 2012. These abandonments have been requested in conjunction with the development of the new HEB store on the old Baptist Hospital site. Since the abandonment in June 2012, Dr. Fracht, at 3510 Stagg has agreed to sell his property to HEB. All three existing property owners abutting the subject right-of-way agree to the abandonment. This item was sent to all interested parties. Water Utilities has a 6" water main and a 12" sanitary sewer main within Stagg and has no objection to the abandonment as long as a number of conditions are met. Time Warner has no objections to the abandonment as long as HEB pays for the relocation of its facilities in the right-of-way, if required. Mr. Richardson recommended approval with the following conditions: The 6" water main will need to be replaced with HDPE SDR-11 pipe, and the 12" sanitary sewer line will need to be replaced to with HDPE SDR-17 pipe. 2. A utility easement will need to be retained. The easement must contain the following information: • No structures or appurtenances shall be places within the easement property; and, • Water utilities will not be responsible for any surface restoration when water and /or sanitary sewer main repairs are needed. 3. HEB shall be responsible for the cost of relocating Time Warner Cable's fiber and coax plant on power poles located in the right-of-way, if required. Chairman Nejad asked for the applicant's comments. John Rose with HEB Grocery Co. addressed the Commission. Commissioner Makin made a motion to approve a request to abandon approximately 0.3611 acres of Stagg Drive approximately 250' from 11"' Street as requested in File 833-OB with the following conditions: 1. The 6" water main will need to be replaced with HDPE SDR-11 pipe, and the 12" sanitary sewer line will need to be replaced to with HDPE SDR-17 pipe. 2. A utility easement will need to be retained. The easement must contain the following information: • No structures or appurtenances shall be places within the easement property; and, • Water utilities will not be responsible for any surface restoration when water and /or sanitary sewer main repairs are needed. 3. HEB shall be responsible for the cost of relocating Time Warner Cable's fiber and coax plant on power poles located in the right-of-way, if required. Commissioner Mason seconded the motion. Motion to approve carried 7:0. 3) Filc 834-OB: Request for a waiver of the sidewalk requirement. Location: 7920 N. Major Drive Applicant: Maxson Memorial Church of God in Christ (Chairman Nejad abstained from participation on File 834-013.) Mr. Richardson presented the staff report. Reverend Gary Cantue, representing Maxson Memorial Church of God in Christ, has applied for a waiver to the sidewalk requirement for a new church building being constructed at 7920 N. Major Drive. The church building was approved by the City Council on June 5, 2012. Sec. 26.03.004 of the Subdivision Regulations states that the Planning 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. A waiver is warranted in this instance due to the steep slope of the adjacent drainage ditch and the possible need for a retaining wall next to the roadway. Mr. Cantue states the following reasons for the sidewalk waiver: 1. Due to the existence of a 30" water line, a 36" sanitary sewer line, and a gas line at this location, the installation of a sidewalk would be a hindrance to access for maintenance. 2. Working over these lines to install a sidewalk would not be safe and would create difficulties for the city during maintenance. 3. There is no other sidewalk located along this section of Major Drive. Staff notes that these are not generally acceptable reasons for allowing a waiver. Water and sewer lines are often under sidewalks. In such instances when repairs are made, utilities are not responsible for any damage done to the sidewalks. However, coupled with the slope issue noted above, this development may be considered eligible for the requested waiver. Slides of the subject property were shown. Commissioner Makin, acting as Chairman, asked for the applicant's comments. Reverend Gary Cantue, addressed the Commission. Commissioner Jones made a motion to approve a request for a waiver of the sidewalk requirement at 7920 N. Major Drive as requested in File 834-OB. Commissioner Senigaur seconded the motion. Motion to approve carried 6:0:1 (Nejad). JOINT PUBLIC HEARINGS Mayor Pro-Tem Coleman called the Joint Public Hearings of April 15, 2013 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 2165-P: Request for a specific use permit to allow a general business office and training space in an RM-H (Residential Multiple Family Dwelling -Highest Density) District. Location: 7650 Park North Applicant: The Giles Living Center, Inc. Mr. Richardson presented the staff report. James Hazen, owner of HRT Contracting, is requesting a specific use permit on behalf of St Giles Living Center, Inc . The proposed office space will contain seven offices, a conference room, a small training room (for about 12 people) and bathroom/break room facilities. The overall size of the proposed building is 33' x 77 '/Z', or 2402 square feet of office space. This specific use permit will be an expansion of a specific use permit granted to St. Giles in 2005. The building will be located on a site with an existing building already owned and in use by the company. The existing driveway will be removed to accommodate more parking and the new building. The proposed building will be located at the northern corner of the parcel. Mr. Richardson recommended approval subject to the following condition: 1. Typical parking spaces shall be 9' x 18' and the ADA parking space shall be either 8' x 18' with an 8' access aisle or 11' x 18' with a 5' access aisle. Ten notices were mailed to property owners within 200 feet. 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. James Hoskinson with MRT Contracting 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 a specific use permit to allow a general. business office and training space in an RM-H (Residential Multiple Family Dwelling - Highest Density) District at 7650 Park North as requested in File 2165-P subject to the following condition: 1. Typical parking spaces shall be 9' x 18' and the ADA parking space shall be either 8' x 18' with an 8' access aisle or I P x 18' with a 5' access aisle. Commissioner Jones seconded the motion. Motion to approve carried 7:0. 2) File 2166-Z/P: Request for a zone change from RS (Residential Single Family Dwelling) District to RCR (Residential Conservation and Revitalization) District or more restrictive district and a specific use permit to allow a washateria in an RCR District. Location: 3505 Pine Street Applicant: Sergio Sierra Mr. Richardson presented the staff report. Sergio Sierra, the property owner, would like to convert the existing commercial building on the property into a washateria. The property is occupied with the vacant commercial building and his residence. Mr. Sierra states that the business will have 15 washing machines and 12 dryers and operate from 9 a.m. to 9 p.m., seven days a week. This building was constructed a number of years ago for use as a washateria. However, due to being vacant for several years, the building has lost its legal non -conforming status. The vast majority of properties west of Pine Street are zoned RS. Staff is not aware when the area west of Pine was zoned RS. Whether it was zoned residential or commercial prior to when the commercial building was constructed is not known. However, what is important is that the property is now zoned RS and a washateria is not permitted unless the property is rezoned. If the current building did not exist and the property owner wanted to construct a new washateria, staff would have concern over commercial encroachment into a residential neighborhood. East of Pine Street and in close proximity to the proposed washateria is a church, a newly constructed elementary school/school zone, and a city park. Ideally, commercial establishments would be excluded from being near such uses. In addition, the existing layout of the washateria's parking lot is such that it would require vehicles to back directly out onto the street. With the school and park nearby, there is a possible conflict between pedestrian traffic and motor traffic. In fact, a pedestrian crossing is located at the intersection of Pine and Martin Streets, immediately adjacent to the proposed parking for the new use. In addition, the building is sitting S' into the City right-of-way along Martin Street. To correct such an encroachment, either the building needs to be moved or a license to encroach needs to be approved by City Council. The philosophy behind legal non -conforming uses is that when they lose that status, they will eventually go into disuse and the property will be developed with a use that is permitted in the zoning district. Given the zoning and land use in the area and the fact that this building has been vacant and sits within the City right-of-way, this is a good example of allowing the elimination of incompatible uses, as envisioned by the Zoning Ordinance. Under this scenario, Mr. Sierra would still have use of his property as a residence. Mr. Richardson recommended denial of the request. Twenty notices were mailed to property owners 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. Miss Sierra, daughter of Mr. Sierra, 3505 Pine St., addressed the Commission and answered questions. Discussion between the Commission, City Council and staff followed. 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 zone change at 3505 Pine Street from RS to RCR and approval of the specific use permit to allow a washateria in a RCR District as requested in File 2166-ZIP subject to the following conditions: 1. The parking lot shall be redone to comply with City requirements. (Redesign existing parking lot to meet City specifications and to prevent vehicles from backing directly onto Pine Street or provide a parking lot at the rear of the washateria with access onto Martin Street.) 2. Apply to City Council for a License to Encroach. Commissioner Daigle seconded the motion. Motion to approve carried 7:0. 3) File 2167-Z: Request for a zone change from LI (Light Industrial) District to GC -MD (General Commercial -Multiple Family Dwelling) District. Location: 4380 Fannett Road Applicant: American Postal Workers Union Beaumont Sectional Center, AFL-CIO Mr. Richardson presented the staff report. The American Postal Workers' Union is requesting a zone change on behalf of Eugene G. Koch, Pastor of the Christ Community Church, from LI (Light Industrial) to GC -MD (General Commercial — Multiple Family DweIling). The zone change will allow for the property to be used as a church. It is in keeping with the character of the surrounding neighborhood. The north 228'f of the parcel is already zoned GC -MD, while the south 176'1- of the parcel is zoned LL A church is a permitted use in the GC -MD zoning district. Parcels to the north, north east, and west are all zoned GC -MD. Mr. Richardson recommended approval of the request. Seven 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. Chairman Nejad opened the public hearing and asked for the applicant's comments. Eugene Koch, Pastor of Christ Community Church, 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 a zone change from LI (Light Industrial) District to GC -MD (General Commercial -Multiple Family Dwelling) District at 4380 Fannett Road as requested in File 2I67-Z. Commissioner Kyles seconded the motion. Motion to approve carried 7:0. OTHER BUSINESS THERE BEING NO OTHER BUSINESS THE MEETING WAS ADJOURNED AT 3:57 P.M. ABSTENTION A-FFIDAVIT THE STATE OF TEXAS § COUNTY OF TEFFERSON § 61A Z: as a member of the T � (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 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 Government Code, § 171.002. The business entity is: -4m onj *&Ps&6 (Name) (Address) Cl," 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 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 _ day of V k1 Signature,%Official Title BEFORE ME, the undersigned authority, on this day personally appeared ' --i ad, and an oath stated that the facts hereinabove stated are true to the best of his/her knowledge o ehef. SWORN to and subscribed before o this /`5 day of �' i1 , 20. JILL COLE My Com146610" Expires N tmyP c in and for the State of Texas August % 2016 3M Jilt IzuguA \ r