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HomeMy WebLinkAbout3-21-11 PC MinutesMINUTES REGULAR MEETING JOINT PUBLIC HEARINGS PLANNING COMMISSION CITY COUNCIL City Council Chambers March 21, 2011 A Regular Meeting and Joint Public Hearings were held on March 21, 2011 with the following members present: Commission members present: Chairman Lynda Kay Makin Vice Chairman Patrick Gibbs Commissioner Sina Nejad Commissioner Marty Craig Commissioner Walter Kyles Commissioner Sina Nejad Commissioner Lauren Williams Mason Commission members absent: Commissioner Glenn Bodwin Commissioner Steven Johnson Commissioner Eddie Senigaur Commissioner Clint Walters Councilmembers present: Mayor Becky Ames Mayor Pro-Tem W. L. Pate Councilmember-at-Large Gcthrel Williams -Wright . Councilman Audwin Samuel Councilmembers absent: Councilmember Alan Coleman Councilman Jamie Smith Also present: Stephen Richardson, Planning Manager; Jill Cole, Recording Secretary; Adina Ward, Planner; Tyrone Cooper, City Attorney; Chris Boone, Community Development Director APPROVAL OF MINUTES Commissioner Craig made a motion to approve the minutes of the Regular Meeting and Joint Public Hearing held February 21, 2011, Commissioner Nejad seconded the motion. Motion to approve carried 6:0. Planning Commission March 21, 2011 REGULAR MELTING 1) Replat - Lots 1-3, Chinmaya Shripati Temple Complex Addition: Request for a replat of the remainder of Lots 12 and 13 and a portion of Lot 11, Wescalder Fig Acres into Lots 1-3, Chinmaya Shripati Temple Complex Addition. Location: 1580, 1610 and 1620 S. Major Drive Applicant: Fittz & Shipman, Inc. Mr. Richardson stated that this item was postponed. 2) Replat - Lots 81A and 81B College Acres Addition: Request for a replat of a portion of Lots 80-82, College Acres Addition and a portion of the Penske Tract out of the David Brown Survey, A-5 into Lot 81A and 81B, College Acres Addition. Location: 4710 and 4770 College Street Applicant: Fittz & Shipman, Inc. Mr. Richardson presented the staff report. The property is being bought and replatted for commercial development. This item was sent to all interested parties. No negative responses were received. Seven notices were mailed to property owners within 200 feet and within the salve subdivision. Two responses in favor and none in opposition were received. Chairman Makin opened the public hearing and asked forthe 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 the replat of a portion ofLots 80-82, College Acres Addition and a portion of the Penske Tract out of the David Brown Survey, A-5 into Lots VA and 81B, College Acres Addition at 4710 and 4770 College Street as requested. Commissioner Mason seconded the motion. Motion to approve carried 6:0. ROLL CALL JOINT PUBLIC HEARINGS Mayor Ames called the Joint Public Hearings of March 21, 2011 to order and explained the purpose of the joint hearing process and then turned the meeting over to Chairman Makin. She explained the policies and procedures for the hearing process. 1) File 2077-Z: Request for a zone change from RS (Residential Single Family Dwelling) District to RM-H (Residential Multiple Family Dwelling -Highest 0). Planning Commission March 21, 2011 Density) District or more restrictive district. Location: 4960 Abilene Applicant: Nga Thi Duong Mr. Richardson presented the staff report. In 2009, Mr. Duong applied for the same zone change for the property in question. At that time, Mr. Richardson recommended denial based upon the fact that the rezoning would encroach too far into an established single family area. It is the desire of the applicant to construct 80-100 multifamily units on the subject property. The property extends approximately 1,258 feet along Abilene. To the north, east and west are single family residences. Abilene is a local street with a 60' wide right-of-way, an 18' wide pavement and open ditches. The traffic that up to 100 apartment units would generate would have adverse affects on Abilene and its intersection with E. Lucas. Mr. Richardson stated that he does not believe the circumstances have changed from 2009 to warrant a positive recommendation on this request at this time. Twenty-seven notices were mailed to property owners within 200 feet. Three responses in opposition and none in favor were returned. Slides of the subject property were shown. Chairman Makin opened the public hearing and asked forthe applicant's comments. Charles Lee of Duong Enterprises, 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 Nejad made a motion to deny a zone change from RS (Residential Single Family Dwelling) District to RM-H (Residential Multiple Family Dwelling - Highest Density) District or more restrictive district for the property at 4960 Abilene as requested in File 2077-Z. Commissioner Mason seconded the motion. Motion carried 6:0. 2) File 2078-P: Request for a specific use permit to allow an auto body shop in a GC - MD (General Commercial -Multiple Family Dwelling) District. Location: 5220 College Street Applicant: Martin Motors Mr. Richardson presented the staff report. Martin Motors would like to construct a 2,000 sq. ft. building and operate an auto body shop on the subject property. The Planning Commission March 21, 2011 property is completely paved with concrete and was previously used as a pre -owned car lot. Mr. Richardson recommended approval subject to the following condition: The parking lot frontages must be screened by a O wide landscape strip. Fourteen 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 Makin opened the public hearing and asked for the applicant's comments. Robert McDorman, General Manager for Martin Motors, addressed the Commission. 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 specific use permit to allow an auto body shop in a GC -MD District at 5220 College Street as requested in File 2078-P, subject to the following condition: The parking lot frontages must be screened by a 6' wide landscape strip. Vice -Chairman Gibbs seconded the�motion. Motion passed 6:0. 3) File 2079-P: Request for a specific use permit to allow a church in an RS (Residential Single Family Dwelling) District. Location: 7870 Highway 105 Applicant: Beaumont Community Church dba Beaumont Bible Church Mr. Richardson presented the staff report. Beaumont Bible Church would like to construct a one story 8,250 sq. ft. metal building that will house both church services and Sunday School classrooms. The sanctuary will accommodate 215 seats. Church activities will consist of Sunday and Wednesday nights worship services. The church will be required to install an 8' tall opaque screening fence and a 10' wide landscape strip along the north and west property lines. A proposed road will eventually be constructed along the east property line to access the property to the north. Because of the future road, the Planning Manager is recommending that the landscaping/screening requirement along the east property line be waived. 4 Planning Commission March 21, 2011 Staff has received comments from the Fire Marshal's office stating that the parking lot layout does not allow for a fire truck to service the property. The church needs to sit down with the Fire Marshal to discuss this matter. 1 recommend approval subject to the following conditions: • A sidewalk shall be required along the property frontage on Hwy. 105 • A 6' wide landscape strip shall be required along the parking lot fiontage on Hwy. 105 • An 8' tall opaque screening fence and a 10' wide landscape strip shall be required along the north and west property lines • Landscaping for the interior of the parking lot shall meet the landscaping requirements and with a modification to the landscaping/screening requirements along the east property line. Thirty 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 File 2079-P.) Chairman Makin opened the public hearing and asked for the applicant's comments. Steve Forman, Deacon at Beaumont Bible Church, 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 church in an RS District at 7870 Highway 105 as requested in File 2079-P subject to the following conditions: A sidewalk shall be required along the property frontage. A six foot wide landscape strip shall be required along the parking lot frontage on Hwy. 105 Landscaping for the interior of the parking lot shall meet the landscaping requirements and with a modification to the landscaping/screening requirement along the north and east property lines. 5 Planning Commission March 21, 2011 Commissioner Kyles seconded the motion. Motion to approve carried 5:0:1 (Nejad). 4) File 2080-P: Request for a specific use permit to allow a law office and a financial services office in a GC-MD-2 (General Commercial -Multiple Family Dwelling-2) District. Location: 6755 Delaware Applicant: Danny and Celia Scott Mr. Richardson presented the staff report. Danny and Celia Scott plan to construct two commercial buildings that would house a law office and a financial services office. Total square footage of the two buildings is 8,350 sq. ft. The applicant will install an 8' tall wood screening fence and a 10' wide landscape strip along the south property line. On March 8, City Council approved a request by . the owners of Delaware Professional Office Park to modify the landscaping/screening requirements along the east property line. The fencing and landscaping will not be required until such time that the property to the east is developed. Staff has received comments from the Fire Marshall's stating the parking lot/driveway will not meet fire code approval. The applicants need to sit down with the Fire Marshall to discuss this matter. Mr. Richardson recommended approval with a modification to the landscaping/screening requirement along the east side of the subject property until such time that the properly to the east is developed. Thirty notices were mailed to property owners within 200 feet. One response 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. Chris Wade, 2 Acadian Court, addressed the Commission. Mr. Wade is representing Mr. and Mrs. Scott. Chairman Makin opened the public hearing and 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 specific use permit to allow a law office and a financial services office in a GC-MD-2 District at 6755 Delaware as requested in File 2080-P subject to a modification to the landscaping/screening requirement along the east side of the subject property until such time that the property to the east is developed. 6 Planning Commission March 21, 2011 S) File 2083-P: Request for a specific use permit to allow a metal fabrication facility in an LI (Light Industrial) District. Location: 5330 Gorman Road Applicant: Harbinger Consulting Group Mr. Richardson presented the staff report. Harbinger Consulting Group has the subject property under contract to purchase. It is the intent of the applicant to perform metal fabrication and assembly of pipe, structural steel and railroad materials on the premises. The property currently is not occupied. It consists of three permanent buildings, a number of portable buildings and a large lay down yard. Building "B" is a two story building with approximately 19,000 sq. ft. of office space. Building "G" is approximately 11,000 sq. ft. and is designed to be used as a metal shoplfabrication building. The Fire Marshal has sent comments stating that occupancy changes to the buildings may require updates to the water supply and fire protection systems. Mr. Richardson suggested that the applicant sit down with the Fire Marshall to discuss this matter. Mr. Richardson recommended approval. Eighteen notices were mailed to property owners within 200 feet. One reponse 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. Bill Scott, owner and operator of TGS which will be either owner or the lessee of the subject property. Chairman Makin asked for comments in favor or in opposition. No comments were made. The public hearing was closed. Commissioner Nejad made a motion to approve a specific use permit to allow a metal fabrication facility in an LI (Light Industrial) District at 5330 Gorman Road as requested in File 2083-P. Commissioner Craig seconded the motion. Motion to approve carried 6:0. 6) File 2084-Z: Request for a zone change from RM-H (Residential Multiple Family Dwelling -Highest Density) District to GC -MD (General Commercial -Multiple Family Dwelling) District or more restrictive district. Location: 3070 S. 4' and 3100 Fannett Road Applicant: Walter Kyles, Jr. 7 Planning Commission March 2l, 2011 (Commissioner Kyles recused himself from File 2084-Z as he is the applicant.) Mr. Richardson presented the staff report. Walter Kyles owns the commercially developed property at the northwest corner of S. 4'h and Fannett. However, the zoning of the property is split. Half is zoned GC -MD and the other half is zoned RM-H. This split zoning prevents Mr. Kyles from being able to utilize his property to the wisest and best use. Mr. Richardson recommended approval. Thirty notices were mailed to property owners within 200 feet. No responses in favor and one in opposition were returned. Slides of the subject property were shown. Chairman Makin opened the public hearing and asked for the applicant's comments. Walter Kyles addressed the Commission. Chairman Makin asked for comments in favor or in favor of the request. No comments were made. The public hearing was closed. Commissioner Mason made a motion to approve a zone change from RM-H District to GC -MD District for 3070 S. 4'11 and 3100 Fannett Road as requested in File 2084- Z. Commissioner Craig seconded the motion. Motion to approve carried 5:0:1 (Kyles). 7) File 778-OB: Request for the disannexation of a 43 6.81 acre tract of land owned by Oiltanking Beaumont, L. P. Location: 6275 Highway 347 Applicant: Oiltanking Beaumont, L. P. Mr. Richardson presented the staff report. Kim Ivy, representing Oiltanking Beaumont, L.P., has applied for this disannexation. This property was part of 2,6001 acres annexed into the City in 1988. Mr. Ivy states that Oiltanking bought approximately 1,400 acres from BP/Amoco in 2001. Improvements on the property consist of docks, tanks and related pipelines. Oiltanking has added in excess of $100 million of investment since its purchase. Oiltanking Beaumont is a bulk liquid storage terminal that stores and transports hydrocarbon liquids and chemicals. Most of Oiltanking Beaumont's customers are the various refining and chemical companies located withirl Southeast Texas. Most terminals like Oiltanking Beaumont's are located within industrial districts. They have industrial district contracts with the respective cities and make payments in Planning Commission March 21.2411 lieu of taxation and annexation. Oiltanking Beaumont would like to have a similar structure for its Beaumont facilities so it can compete with terminals in other cities. This is the first of two public hearings on this matter. The second public hearing will be held Monday, March 28 at 3:15. Mr. Richardson recommended approval. Chairman Makin opened the public hearing and asked for the applicant's comments. Kim Ivey, 6275 Highway 347, addressed the Commission. Chairman Makin asked for comments in favor or in opposition. Mark Viator, 2280 Edson, addressed the Commission in favor. The public hearing was closed. Commissioner Craig made a motion to approve the disannexation of a 436.81 acre tract of land owned by Oiltanking Beaumont, L. P. at 6275 Highway. 347 as requested in File 778-OB. Commissioner Nejad seconded the motion. Motion to approve carried 6:0. OTHER BUSINESS THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED AT4:13P.M. 2 Dtvr �- ABSTENTION AFFIDAVIT THE STATE OF TEXAS § COUNTY OF JEFFERSON § s ads a member of the C A-Viv{ V6 i 5S '�bty Council, commission, or board) m e this affidavit and hereby on oath state the ollowing: L and/or a person or persons related to me have a substantial O erest iq a business entity that would be peculiarly affected by a vote or decision of the L-kwA, r`& ' "� a� (City Council, commission, or board) as those terms are defined in V.T.C.A., Loced Government Code, §171`0002. The business entity is: -(Address) or name of relative and relationship)%� r ` % le-5 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 AVIAG L , 20 1 Q Signatur"f Offi ial Title BEFORE ME, the undersigned authority, on this day personally appeared o- /C and an oath stated that the facts hereinabove stated are true to the best of his/her knowledge or belief. f SWORN to and subscribefo.e me on this 2i � day of,2 rfMd-104--: t. pY aG SILL LE t Notary Public, at Of texas' MISS! n �xp�tes Not c and for the State of Texas 08.46.2012 t ,2,o-7�- P ABSTENTION AFFIDAVIT THE STATE OF TEXAS § COUNTY OF JEFFERSON § I,--4, as a member of the (City Council, commission, or board) ake 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: _ _ g*avt ® be S a L a-- {Name) Address) C i," 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 rnore 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 effected by a decision of the public body of which I am a member. Upon filing of this affidavit with the City Clerk, .1 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 Signs f Official �® ,�....e.._ Title BEFORE ME, the undersigned authority, on this day personally appeared v iha-a kand 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 -IL day of , 20—[J�. JILI COl_E t a Qom, NDIKY Public, Stake Ot exas2 y joy C,,, is ion Expires � Notary c in and for the State of Texas