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HomeMy WebLinkAbout8-15-11 PC MinutesMINUTES REGULAR MEETING JOINT PUBLIC HEARINGS PLANNING COMMISSION CITY COUNCIL City Council Chambers August 15, 2011 A Regular Meeting and Joint Public Hearings were held on August 15, 2011 with the following members present: Commission members present: Chairman Lynda Kay Makin Vice Chairman Patrick Gibbs Commissioner Glenn Bodwin Commissioner Sina Nejad Commissioner Marty Craig Commissioner Walter Kyles Commissioner Steven Johnson Commissioner Lauren Williams Mason Commission members absent: Commissioner Eddie Senigaur Commissioner Clint Walters Commissioner Frank Messina Commissioner Bill Little Councilmembers present: Mayor Becky Armes Councilman -at -Large W. L. Pate Councilmember-at-Large Gethrel Williams -Wright Councilmember Alan Coleman Councilman Audwin Samuel Councilman Mike Getz Councilmembers absent: Mayor Pro-Tem Jamie D. Smith Also present: Steve Richardson, Planning Manager; Jill Cole, Recording Secretary; Tyrone Cooper, City Attorney Chris Boone, Community Development Director; Danny Daniels, Building Official APPROVAL OF MINUTES Commissioner Craig made a motion to approve the minutes of the Joint Public Hearings held July 18, 2011. Commissioner Bodwin seconded the motion. Motion to approve carried 8:0. 4 REGULAR MEETING 1) File 783-OB: Request to abandon a utility easement. Location: 5710 Longwood Applicant: Neil Fogal Planning Commission August 15, 20t I Mr. Richardson presented the staff report. This subject request is for a partial abandonment of a general utility easement. The applicant, Neil Fogal, would like to install a swimming pool and needs the easement abandoned to allow for adequate excavation space for the installation of the pool. This item was sent to all interested parties. No negative responses have been received. Mr. Richardson recommended approval. Chairman Makin asked for the applicant's comments. Mr. Fogal addressed the Commission. Commissioner Nejad made a motion to approve the abandonment of a utility easement at 5710 Longwood as requested in File 783-OB. Commissioner Craig seconded the motion. Motion to approve carried 8:0. 2) File 784-OB: Request to abandon a utility easement. Location: 445 N. 14'h Street Applicant: Tom Rowe for Mark Whiteley & Associates, Inc. Mr. Richardson presented the staff report. The subject request is for the abandonment of a 10' x 155' general utility casement. The easement is located in Block 12 of the Jarrett Addition. Tom Rowe, representing the property owner, states that the easement was retained for a 6" sanitary sewer line that serviced buildings that no longer exist. The sewer line is no longer needed. This item was sent to all interested parties. Water Utilities states that the existing 6' sanitary sewer line will be abandoned by City workers at the owner's expense. Mr. Richardson recommended approval subject to the following condition: The existing 6" sanitary sewer will be abandoned at the owner's expense. Chairman Makin asked for the applicant's comments. 2 Planning Commission August 15, 2011 Tom Rowe with Mark Whiteley & Associates, Inc. addressed the Commission. Sam Parigi, 445 N. 14°i Street, addressed the Commission. Commissioner Kyles made a motion to approve a request to abandon a utility easement at 445 N. 14'h Street as requested in File 784-OB, subject to the following condition: The existing 6" sanitary sewer will be abandoned at the owner's expense. Commissioner Craig seconded the motion. Motion to approve carried 8:0. 3) File 785-OB: Request for a waiver of sidewalks. Location: 6380 Phelan Applicant: Pape -Dawson Engineers Mr. Richardson presented the staff report. Robert Preiss, representing McDonald's Restaurants, states that due to an access easement, the space between the curb and the fact that there are no other sidewalks in the area, a sidewalk should not be required. The Subdivision Regulations state 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. Plans submitted by the developer show that a 5' sidewalk can be easily accommodated within the T between the pavement and curb. Mr. Richardson recommended denial of the waiver. Slides of the subject property were shown. Chairman Makin asked for the applicant's comments. Robert Preiss, representing McDonald's, addressed the Commission and distributed photos. Brian Ellis, owner of McDonald's, addressed the Commission. Discussion followed between the Commission members. Commissioner Johnson made a motion to deny a waiver of sidewalks at 6380 Phelan as requested in File 785-OB. Motion failed for lack of a second. Planning Commission August 15, 2011 Commissioner Kyles made a motion to approve a waiver of sidewalks at 6380 Phelan as requested in File 785-OB. Commissioner Mason seconded the motion. Motion to approve carried 7:1 (Johnson). 4) File 786-OB: Request for a waiver of sidewalks. Location: 4760 College Applicant: Gary McCarty File 786-OB had been withdrawn before the meeting. 5) File 787-OB: Request for a waiver of sidewalks. Location: 6120 College Street Applicant: Nikul Patel 1\41•. Richardson presented the staff report. Nikul Patel, representing Arvansa Property Management, states that the reason for the request is that there are no sidewalks on the north side of College or the west side of Langham. Along Langham, the property line is approximately 30 feet from the edge of the pavement. However, there is open ditch drainage that would make it very difficult to install a 5' sidewalk. Along College, the property line is approximately 15' from back of curb. There is adequate room to install the sidewalk. Mr. Richardson recommended approval of the sidewalk waiver along Langham and denial of the sidewalk waiver along College Street. Slides of the subject property were shown. Bobby Patel addressed the Commission on behalf of the applicant, Nikul Patel. Commissioner Nejad made a motion to deny the waiver of the sidewalk along College and approve the waiver of the sidewalk along Langham as requested in File 787-OB. Commissioner Johnson seconded the motion. Motion carried 7:1(Gibbs). JOINT PUBLIC HEARINGS Mayor Ames called the Joint Public Hearings of August 15, 2011 to order and explained the purpose of the joint hearing process and then turned the meeting over to Chairman Makin. Chairman Makin explained the policies and procedures for the hearing process. 1) File 2098-P: Request for a specific_use permit to allow a testing laboratory in a GC- MD-2 (General Commercial -Multiple Family Dwelling-2) District. Location: 1575 S. Major Drive Applicant: Earth Analytical Sciences, Inc. 4 Planning Commission August 15.2011 Mr. Richardson presented the staff report. William Robbins, President of Earth Analytical Sciences, Inc. states that the company will be relocating from 4825 Ward Dr. EAS is a full -service analytical laboratory that provides an array of environmental services benefitting a variety of industries throughout Southeast Texas and beyond. EAS will occupy an existing commercial building soon to be vacated. Transportation Engineering is requiring fifteen parking spaces. Eleven parking spaces are shown. Therefore, four additional parking spaces must be provided within 400 feet of the subject property. Mr. Richardson recommended approval subject to the following condition: Provide four additional parking spaces within 400 feet of the subject property. Sixteen notices were mailed to property owners within 200 feet. Two responses in favor and none in opposition were returned. Slides of the subject property were shown. Chairman Makin opened the public hearing and asked for the applicant's comments. Mr. Robbins, the applicant, addressed the Commission and answered -questions. Chairman Makin asked for comments in favor or in opposition. No comments were made. Chairman Makin closed the public hearing. Commissioner Craig made a motion to approve a specific use permit to allow a testing laboratory in a GC-MD-2 (General Commercial -Multiple Family Dwelling- 2) District at 1575 S. Major Drive as requested in File 2098-P, subject to the following condition: Provide four additional parking spaces within 400 feet of the subject property. Commissioner Bodwin seconded the motion. Motion to approve carried 8:0. 2) File 2099-Z: Request for a zone change from RCR (Residential Conservation and Revitalization) District and GC -MD (General Commercial -Multiple Family Dwelling) District to RS (Residential Single Family Dwelling) District. Location: 5155 Highland Avenue Applicant: Marilyn McClory Planning Commission August 15, 2011 Mr. Richardson presented the staff report. Marilyn McClory, on behalf of her mother, Jetta Mazzu, states that her mother entered into a contract to sell the family homestead. The property consists of four lots and is occupied with a 2,200 sq. ft. house. The family agreed to owner finance until such time that the buyers could finalize their financing with a mortgage company. The new owners have been approved but three different appraisals have designated the property commercial because of the GC -MD zoning on the southmost lot. The rest of the property is zoned RCR. In order to clear up this discrepancy and allow the owners to finalize their mortgage loan, Ms. McClory is requesting the zone change to RS. Mr. Richardson recommended approval of the request. Twenty-five notices were mailed to property owners within 200 feet. No comments were received in favor or in opposition. Slides of the subject property were shown. Chairman Malvin opened the public hearing and asked for comments. Marilyn McClory, the applicant, addressed the Commission and distributed photos. Debbie Ellison, 4825 Arthur, addressed the Commission in favor of the request. Ms. Ellison owns the property at 5075 Highland. Melvin Barry, 5155 Highland, addressed the Commission. Barry is buying the property from Ms. McClory. The public hearing was closed. Commissioner Mason made a motion to approve a zone change from RCR {Residential Conservation and Revitalization) District and GC -MD (General Commercial -Multiple Family Dwelling) District to RS (Residential Single Family Dwelling) District at 5155 Highland Avenue as requested in File 2099-Z. Commissioner Kyles seconded the motion. Motion to approve carried 8:0. 3) File 2100-P: Request for a specific use permit to allow a charter school in a GC -MD (General Commercial -Multiple Family Dwelling) District. Location: 10255 Eastex Freeway Applicant: Triumph Church, Inc. Mr. Richardson presented the staff report. Pastor Randy Clark, representing Triumph Church, states that the church intends to lease a portion of its facilities to Responsive Education Solutions, a public charter school licensed in the State of Planning Commission August 15, 2011 Texas for the purpose of opening Vista Academy of Beaumont. The school will have a capacity of 220 students in 11 classrooms with a total of 18 employees. The school will teach students grades kindergarten through 4. School hours will be 8:15 a.m. - 4:00 p.m. The classrooms will be housed in existing buildings on the church campus. Mr. Richardson recommended approval 'of the request. Nine notices were mailed to property owners within 200 feet, No comments in favor or in opposition were received. Slides of the subject property were shown. Chairman Makin opened the public hearing and asked for the applicant's comments. Randall Clark, the applicant, addressed the Commission. Chairman Makin asked for comments in favor or in opposition. No comments were made. The public hearing was closed. Vice -Chairman Gibbs made a motion to approve a specific use permit to allow a charter school in a GC -MD (General Commercial -Multiple Family Dwelling) District at 10255 Eastex Freeway as requested in File 2100-P. Commissioner Johnson seconded the motion. Motion to approve carried 8:0. 4) File 2101-P: Request for a specific use permit to allow the expansion of a church in an RCR (Residential Conservation and Revitalization) District. Location: 1390 Wall Applicant: Bishop Curtis Guillory Mr. Richardson presented the staff report. Bishop Curtis Guillory, representing the Diocese of Beaumont, states that Cristo Rey Catholic Church is growing and needs additional office space. The Diocese intends to install a modular building on the subject property for temporary office space. The office will be used approximately twice a week by parish leaders. Transportation Engineering is requiring an additional four parking spaces within 400 feet of the subject property. Planning is requiring that the additional parking be landscaped per code and the installation of an 8' tall wood screening fence along the north property line and along approximately 77' of the south property line and with a waiver of the 10' wide landscape strip along the north and south property lines. Mr. Richardson recommend approval subject to the aforementioned conditions. Planning Commission August 15, 2011 Twenty-three 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. (Commissioner Nejad recused himself from participation on File 2101-P.) Chairman Makin opened the public hearing and asked for the applicant's comments. Jack Mosher, representative of the Diocese, addressed the Commission and was agreeable with the stipulation of the parking spaces. Chairman Makin asked for comments in favor or in opposition. No comments were made. The public hearing was closed. Commissioner Bodwin made a motion to approve a specific use permit to allow the expansion of a church in an RCR (Residential Conservation and Revitalization) District at 1390 Wall as requested in File 2101-P, subject to the following conditions: • Provide an additional four parking spaces within 400 hundred feet of the subject property and landscaped as per code • Install an 8' tall wood screening fence along the north property line and along approximately 77' of the south property line and with a waiver of the 10' wide landscape strip along the north and_south property lines. Commissioner Craig seconded the motion. Motion to approve carried 7:0:1 (Nejad). 5) File 2102-P: Request for a specific use permit to allow a drinking place in a GC -MD (General Commercial -Multiple Family Dwelling)) District. Location: 3410 Concord Applicant: Lesha Crawford Mr. Richardson presented the staff report. Lesha Crawford, the applicant, states that she would like to operate a drinking place in an existing building on the subject property. The lounge will occupy a space in a commercial strip which also houses a beauty school and retail. Ms. Crawford states that the primary customer base will be individuals 30 years old and up. Beer and wine will be available for purchase. The lounge will be open from 9 p.m. - 2 a.m., Wednesdays through Saturdays. 8 Planning Commission August 15, 2011 In 1997, City Council approved a specific use permit to allow an entertainment, recreational services and rental hall with the occasional sale of alcohol at this Iocation. That business has since closed. Mr. Richardson recommended approval subject to the following condition: ADA spaces shall have proper signage. Thirty-five notices were mailed to property owners within 200 feet. No responses in favor and three in opposition were received. Slides of the subject property were shown. Chairman Makin opened the public hearing and asked for the applicant's comments. Lesha Crawford, the applicant, addressed the Commission. and answered questions. Chairman Makin asked for comments in favor or in opposition. Estella Wendt, 3995 Ernestine, addressed the Commission in opposition to the request. Richard Tinkle, 3425 Concord, addressed the Commission in opposition to the request. Adam Crawford, 4410 Concord, addressed the Commission in favor of the request. Roberto Flores, 2425 Buchanan, addressed the Commission in opposition to the request. Chairman Makin closed the public hearing. Commissioner Nejad made a motion to deny a specific use permit to allow a drinking place in a GC -MD (General Commercial -Multiple Family Dwelling) District at 3410 Concord as requested in File 2102-P. Vice -Chairman Gibbs seconded the motion. The vote on the motion to deny was 4:4. Councilman Samuel addressed the Commission Discussion followed between the Commission, Council and staff.. Commissioner Craig made a motion to approve a specific use permit to allow a drinking place in a GC -MD (General Commercial -Multiple Family Dwelling) Planning Commission Augusl 15, 2011 District at 3410 Concord as requested in File 2102-P, subject to the following conditions: ADA parking spaces shall have proper signage. `No Loitering' signs shall be posted in the parking lot. Proper security shall be provided. Commissioner Bodwin seconded the motion. Motion to approve carried 6:2 (Nejad, Johnson). 6) File 2103-Z: Request for a zone change from LI (Light Industrial) District to RS (Residential Single Family Dwelling) District. Location: West side of Erie, approximately 250' north ofthe intersection of Erie and Chambless Applicant: Terry Richard III Mr. Richardson presented the staffreport. Terry Richard, the property owner, states that he has bought the property and would like to build his future home on the property Mr. Richardson recommended approval of the request. Twenty-six notices were mailed to property owners within 200 feet. Two responses in favor and none in opposition were returned. Slides of the subject property were shown. Chairman Makin opened the public hearing and asked for the applicant's comments. The applicant was not present. Chairman Makin asked for comments in favor or in opposition. No comments were made. The public hearing was closed. Commissioner Craig made a motion to approve a zone change from LI (Light Industrial) District to RS (Residential Single Family Dwelling) District on the west side of Erie, approximately 250' north of the intersection of Erie and Chambless as requested in File 2103-Z. Commissioner Mason seconded the motion. Motion to approve carried 8:0. OTHER BUSINESS THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED AT4:11P.M. 10 ABSTENTION AF FIODAVIT THE STATE OF TEXAS COUNTY OF JEFFERSON L ! V� as a member of the (City Council, commission, or board) make-tlV affidavit and hereby on oath statA 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: (Name) (Address) el," 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 feast $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 er participation on this matter whatsoever. Signed this _.� day of 20. BEFORE ME, the undersigned authority, on this day personalty appeared Si na � and an oath stated that the facts hereinabove stated are true to the best of his/her knowledge or befiet SWORN to and subscribed before me on this /J day of , 20 . — JILL COLS i Notary Pu} lic in anfor the State of Texas t zklglM Pkiboc. 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