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HomeMy WebLinkAbout10-18-10 PC MinutesREGULAR MEETING AND JOINT PUBLIC HEARINGS PLANNING COMMISSION AND CITY COUNCIL City Council Chambers October 18, 2010 A Regular Meeting and Joint Public Hearings were held on October 18, 2010 with the following members present: Commission members present: Vice Chairman Patrick Gibbs Commissioner Glenn Bodwin Commissioner Sina Nejad Commissioner Walter Kyles Commissioner Steven Johnson Commissioner Lauren Williams Mason Commission members absent: Chairman Lynda Kay Makin Commissioner Marty Craig Commissioner Eddie Senigaur Commissioner Clint Walters Councilmembers present: Mayor Becky Ames Mayor Pro -Tern W. L. Pate Councilmember Gethrel Williams -Wright Councilman Nancy Beaulieu Councilman Audwin Samuel Councilmembers absent: Councilmember Alan Coleman Councilman Jamie D. Smith Also present: Stephen Richardson, Planning Manager; Jill Cole, Recording Secretary; Adina Ward, Planner; Tyrone Cooper, City Attorney; Chris Boone, Community Development Director; Jack Maddox, Fire Marshal APPROVAL OF MINUTES Commissioner Kyles made a motion to approve the minutes of the Regular Meeting and Joint Public Hearings held September 20, 2010. Commissioner Nejad seconded the motion. Motion to approve carried 6:0. REGULAR MEETING 1) Replat - Replat Wooten Oaks Addition Phase 2: Request for a replat of a portion of Lots 8-10, Block 6, Wescalder Fig Acres into Wooten Oaks Addition, Phase 2. Location: Extension of Willowglen Drive Applicant: Faust Engineering & Surveying, Inc. Planning Commission October 18, 2010 Mr. Richardson presented the staff report. The subject property is south of Washington and east of Wooten. Wooten Oaks, Phase 2 is a 4.3 acre, 19 lot single family residential subdivision. This same replat was approved in June, 2007. However, it was never built and the preliminary plat expired. The applicant is requesting a waiver to the sidewalk requirement. When Phase I was constructed, sidewalks were not required and none were built. However, there is the possibility for a Phase 3, which when combined with Phase 2, will provide an ample number of sidewalks for use by the residents. Mr. Richardson recommended approval subject to the following conditions: • Need proof of payment for five street lights and poles. • Design curb inlets to 10 year frequency. • Show 100-year frequency analysis of hydrological grade lines. • Water services need to be shown S foot to the right of center of the lot. • Extend the 6" water main to cul-de-sac and then run a 2" water line around cul-de-sac. • The 8" x 6" reducer will not be necessary on Oak Dale. The City will make a tap on the existing 8" water main with an 8" x 6" tapping saddle. and with a denial of the waiver of the sidewalk requirement. Seven notices were mailed to property owners within 200 feet and within the same subdivision. One response in favor and none in opposition were returned. Slides of the subject property were shown. Vice -Chairman Gibbs opened the public hearing and asked for the applicant's comments. Richard Faust addressed the Commission. Vice -Chairman Gibbs asked for comments in favor or in opposition. None were made. The public hearing was closed. Commissioner Nejad made a motion to approve a replat of a portion of Lots 8-10, Block 6, Wescalder Fig Acres into Wooten Oaks Addition, Phase 2 subject to the following conditions: Need proof of payment for five street lights and poles. Design curb inlets to 10 year frequency. Show 100-year frequency analysis of hydrological grade lines. 2 Planning Commission October 18.2010 Water services need to be shown 5 foot to the right of center of the lot. Extend the 6" water main to cul-de-sac and then run a 2" water line around cul-de-sac. The 8" x 6" reducer will not be necessary on Oak Dale. The City will make a tap on the existing 8" water main with an 8" x 6" tapping saddle. and with a denial of the waiver of the sidewalk requirement. Commissioner Mason seconded the motion. Motion carried 6:0. 2) Replat - Lots 9A - 9C Block 21 McFaddin Second Addition: Request for a replat of Lot 9, Block 21, McFaddin Second Addition into Lots 9A-9C, Block 21, McFaddin Second Addition. Location: 1775-1785 North Street and 665 First Street Applicant: Faust Engineering & Surveying, Inc. Mr. Richardson presented the staffreport. Three houses currently sit on the subj ect property. The owner of the property is moving out of state and would like to sell the houses individually. The house on Lot 9C extends into the alley by 6.46'. The applicant has applied for a license to encroach. Water Utilities has reviewed this replat and have found the following: It appears that the sanitary sewer services for the proposed Lots 9A and 9B will cross Lot 9C. It is also likely that the sanitary sewer service for Lot 9B is located under the house on Lot 9C. Approval of the replat in its current form will likely create future issues for the future sale of these lots. Water Utilities offers two options: Create a private sanitary sewer service easement for Lots 9A and 9B across Lot 9C. For example, the easement for 9A can run along the west boundary line of OC and the easement for 9B can run along the east boundary line for 9C. In doing so, the Owner will be responsible for locating the sewer services to within those easements. Create a private sanitary sewer service easement for Lot 9A across the south portion of Lot 9B. The City can run a sanitary sewer main north from the alley a distance of approximately 60 feet. This will allow the Owner to tie the sanitary sewer services to a new main on First St. The City can extend this main at no cost to the Owner. The Owner will be responsible for relocating the sewer services to within the easements. Mr. Richardson recommended approval subject to City Council approving a license to encroach, satisfying Water Utilities with sanitary sewer services and the various variances as spelled out in the staff report. Planning Commission October 18, 2010 Sixteen notices were mailed to property owners within 200 feet. No responses in favor or in opposition were returned. Vice -Chairman Gibbs opened the public hearing and asked for the applicant's comments. Richard Faust addressed the Commission. Vice -Chairman Gibbs asked for comments in favor or in opposition. George Blake, 2098 McFaddin, addressed the Commission. Vice -Chairman Gibbs closed the public hearing. Commissioner Kyles made a motion to approve a replat of Lot 9, Block 21, McFaddin Second Addition into Lots 9A-9C, Block 21, McFaddin Second Addition at 1775-1785 North Street and 665 First Street subject to City Council approving a license to encroach, satisfying Water Utilities with sanitary sewer services and the various variances as spelled out in the staff report. Commissioner Mason seconded the motion. Motion to approve carried 6:0. 3) Prelimina Plat - Barringion Heights. Phase IX: Request for a Preliminary Plat of 8.9631 acres out of the H. Williams Survey, Ab-56. Location: Extension of Truxton and Valmont Applicant: Carroll & Blackman, Inc. Mr. Richardson presented the staff report. Phase IX is a 30 lot, single family residential subdivision. The Planning Manager recommended approval subject to the following conditions: Show all radii dimensions (25'). (Engineering) Design curb inlets for 10 year frequency. (Engineering) Show 100 year frequency analysis of hydraulic grade line. (Engineering) Vice -Chairman Gibbs asked for the applicant's comments. Joe Pattie with Carroll & Blackman, Inc., addressed the Commission. Commissioner Bodwin made a motion to approve a Preliminary Plat of Barrington Heights, Phase IX subject to the following conditions: Show all radii dimensions (25'). (Engineering) Design curb inlets for 10 year frequency. (Engineering) Show 100 year frequency analysis of hydraulic grade line. (Engineering) Planning Commission October 18, 2010 Commissioner Kyles seconded the motion. Motion to approve carried 6:0. 4) File 766-OB: Request to abandon 55 ft. of a 10 ft. wide sanitary sewer casement in Lot 12, Block 1, North Pt Addition and approximately 200 ft. of a 5 ft. wide utility easement running across Lots 8-11, Block 1, North 1" Addition. Location: 100 block of Lethia Applicant: Magnolia Missionary Baptist Church (Commissioner Nejad abstained from participation on File 766-OB.) Mr Richardson presented the staff report. This item is a request for the abandonment of several easements in Lot 12, Block 1, North First Addition. The easements are located on property at the northwest corner of Lethia and Virgil. Magnolia Missionary Baptist Church is building a new church over the easement. There was a 6" sanitary sewer line in the easement. The church has granted a new easement across their property and has laid a new sewer line with the City's approval. The old sewer line is no longer in service and has been abandoned. Mr. Richardson recommended approval of the request. Vice -Chairman Gibbs asked for the applicant's comments. The applicant was not present. Commissioner Mason made a motion to approve a request to abandon 55 ft. of a 10 ft, wide sanitary sewer easement in Lot 12, Block 1, North I" Addition and approximately 200 ft. of a 5 ft. wide utility easement running across Lots 8-11, Block 1, North Pt Addition in the 100 block of Lethia as requested in File 766-OB. Commissioner Kyles seconded the motion. Motion to approve carried 5:0:1 (Nejad). 5) File 767-OB: Request to abandon Iowa Avenue from the east right-of-way line of University Drive to the west right-of-way line of Cheek. Location: Iowa between University and Cheek Applicant: Lamar University. Mr. Richardson presented the staff report. Lamar University is the process of adding additional student housing. This portion of Iowa is located between two dorm buildings. To allow for the safety of the dorm residents, Lamar is requesting that this portion of Iowa be abandoned. At the time that the staff report was written, Mr. Richardson stated that he recommended approval subject to retaining a 60' x 460' general utility casement. Planning Commission October 18, 2010 Since then, Mr. Richardson said that he received additional comments fi om the fire department, water utilities and Entergy. The fire department states that the abandonment would increase response times by fire units responding from Station 3, located at 805 Woodrow, to the areas east of Rolf Christopher. An option short of complete closure is preferred. Water Utilities states that the right-of-way will need to be retained as an easement and no structures or appurtenances shall be placed within the easement property. Entergy states that an easement must be retained and a letter must be submitted from the City instructing Entergy to discontinue billing for the lights and to remove them from the field. Mr. Richardson recommended approval subject to retaining the right-of-way as a access and utility easement. Vice -Chairman Gibbs opened the public hearing and asked for the applicant's comments. Jack Butler, Associate Vice -President of Facilities at Lamar University addressed the Commission. Vice -Chairman Gibbs asked for comments in favor or in opposition. Chief Jack Maddox addressed the Commission Sam Bethea of Entergy addressed the Commission. Rebuttal by Jack Butler. Vice -Chairman Gibbs closed the public hearing. Commissioner Nej ad made a motion to approve a request to abandon Iowa Avenue from the east right-of-way line of University Drive to the west right-of-way line of Cheek as requested in File 767-OB, subject to the following conditions: • The City of Beaumont shall retain a 60' x 460' general utility easement in the abandoned right-of-way. • The City of Beaumont shall maintain a general access easement. Commissioner Kyles seconded the motion. Motion to approve carried 6:0. Planning Commission October is, 2010 Mr. Richardson stated that there was a citizen in the audience that did not arrive in time to comment on Item I, the Replat of Wooten Oaks Addition, Phase 2. Mary Spikes, 2190 Wooten Road, addressed the Commission in opposition to the request and expressed concerns regarding the conditions of the streets. Richard Faust addressed the Commission. Commissioner Nej ad restated his motion to approve a replat of a portion of Lots 8- 10, Block 6, Wescalder Fig Acres into Wooten Oaks Addition, Phase 2 subject to the following conditions: • Need proof of payment for five street lights and poles. • Design curb inlets to 10 year frequency. • Show 100-year frequency analysis of hydrological grade lines. • Water services need to be shown 5 foot to the right of center of the lot. • Extend the 6" water main to cul-de-sac and then run a 2" water line around cul-de-sac. • The 8" x 6" reducer will not be necessary on Oak Dale. The City will make a tap on the existing 8" water main with an 8" x 6" tapping saddle, and with a denial of the waiver of the sidewalk requirement and with the addition of the condition that city staff verify property owner notification. Commissioner Mason seconded the motion. Motion carried 6:0. JOINT PUBLIC HEARING Mayor Ames called the Joint Public Hearings of October 18, 2010 to order and explained the purpose of the joint hearing process and then turned the meeting over to Vice -Chairman Gibbs. He explained the policies and procedures for the hearing process. 1) File 764-OB: Request for a street name change from 011ie Street to Barbara Lynn Street for that portion of 011ie Street from Usan Street to SP Road. Applicant: City of Beaumont Planning Division Mr. Richardson presented the staff report. This item is a request for a street name change from 011ie Street to Barbara Lynn Street for that portion of 011ie Sheet from Usan to SP Road. This item was considered by the Planning Commission in September. However, due to a technical error, a new hearing needs to be held. Again, this item is to honor the rhythm and blues singer, Barbara Lynn. Mr. Richardson recommended approval of the request. 7 Planning Commission October 18, 2010 Fifty notices were mailed to property owners who are adjacent to the street. One response in favor and six in opposition were returned. One response suggested that Liberia Park renamed to Barbara Lynn Park. Vice -Chairman Gibbs opened the public hearing and asked for comments. Leona Thomas, 1855 011ie, addressed the Commission in opposition. Philbert Cobb, 1810 011ie, addressed the Commission in opposition. Vice-chairman Gibbs closed the public hearing. Discussion followed regarding notification of property owners. Commissioner Johnson made a motion to deny a request for a street name change from 011ie Street to Barbara Lynn Street for that portion of 011ie Street from Usan Street to SP Road as requested in File 764-OB, but consider renaming Liberia Park to Barbara Lynn Park. Commissioner Mason seconded the motion. Motion carried 4:2 (Nejad, Kyles). 2) File 2055-P: Request for an amended specific use permit to allow a fluid power distributor in a GC -MD (General Commercial -Multiple Family Dwelling) District. Location: 2220 Calder Applicant: Controlled Fluids, Inc. Mr. Richardson presented the staff report. In October, 2002, Controlled Fluids received a specific use permit to allow a fluid power distributor. It was approved with conditions. One of those conditions required that the two most easterly rear driveways be closed and that the most westerly driveway be open to limited vehicular access. In February, 2010, Mr. Richardson received a phone call from Dixon Conn, President of Controlled Fluids. He stated that he had fenced his property, removed barriers from the driveways and put gates at these driveways. I told him that while the Calder reconstruction was going on in front of his business, he would be allowed to use the rear driveways. However, once the construction was complete, he would be required to either close the driveways or ask for an amended specific use permit. In this requested amendment to the specific use permit, Mr. Conn asks that the center driveway remain closed and that limited vehicular access be allowed to the most easterly and westerly driveways along McFaddin. Mr. Richardson recommended approval subject to the following condition: • Gates will be required to have Knox Brand locks or switches installed. Planning Commission October l8, 2010 Thirty-three 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. Vice -Chairman Gibbs opened the public hearing and asked for the applicant's comments. Dixon Conn, the applicant, addressed the Commission and answered questions. Chairman Makin asked for comments in favor or in opposition. Dale Hallmark, 2223 North Street, addressed the Commission in favor. Rebuttal by Mr. Conn. The public hearing was dosed. Commissioner Mason made a motion to approve an amended specific use permit to allow a fluid power distributor in a GC -MD District at 2220 Calder as requested in File 2055-P, subject to the following condition: Gates will be required to have Knox Brand locks or switches installed. Commissioner Bodwin seconded the motion. Motion to approve carried 6:0. 3) File 2056-P: Request for a specific use permit to allow a scrap metal recycling center in an LI (Light Industrial) District. Location: 4948 Cardinal Drive Applicant: Angelica Fajardo Ivh•. Richardson presented the staff report. AngelicaFajardo operatesAngel's Scrap Metal Recycling and would like to use the subject property for a recycling center. Ms Fajardo states that the business will collect scrap metal that customers bring in. The scrap will be weighed, sorted and stored in boxes by type of metal. Every two weeks, depending on market prices, the metals will be sold. The business will operate 8 am to 7 pm, Monday through Saturday. Mr. Richardson recommended approval subject to the condition that no scrap metal be stored outside the building plus two additional conditions from Water Utilities: Contact the City of Beaumont, Quality Control Division regarding any additional water quality and/or sewer discharge requirements. Sanitary sewer service must tie directly to a manhole at the City sanitary sewer main. Planning Commission October 18, 2010 Four 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. Vice -Chairman Gibbs opened the public hearing and asked for the applicant's comments. The applicant was not present.. Vice -Chairman Gibbs asked for comments in favor or in opposition. No comments were made. The public hearing was closed. Commissioner Johnson made a motion to approve a specific use permit to allow a scrap metal recycling center in an LI (Light Industrial) District at 4848 Cardinal Drive as requested in File 2056-P subject to the condition that no scrap metal be stored outside the building plus two additional conditions from Water Utilities: • Contact the City of Beaumont, Quality Control Division regarding any additional water quality and/or sewer discharge requirements. • Sanitary sewer service must tie directly to a manhole at the City sanitary sewer main. Commissioner Mason seconded the motion. Motion to approve carried 6:0. 4) File 2057-Z: Request for a zone change from RCR (Residential Conservation and Revitalization) District to LI (Light Industrial) District or more restrictive district. Location: South side of Hollywood, approximately 890' east of the intersection of Hollywood and Canal Street Applicant: Beaumont Iron and Metal Corporation Mr. Richardson presented the staff report. The property to the west in zoned LI. It is owned by Beaumont Iron and Metal which also owns the subject property. They use the neighboring property for the storage of trailers and containers and employee parking. It is their intent to use the subject property for the same purpose. Mr. Henry states that no scrap processing or storage will be done on the subject property. The property must be screened with a minimum 8' tall opaque screening fence and a 10' wide landscape strip along the east and south sides of the property. In addition, a 6' wide landscape strip will be required along the property frontage on Hollywood if not screened by a fence. Mr. Richardson recommended approval of the request. Forty-one notices were mailed to property owners within 200 feet. No responses in favor or in opposition were returned. Prior to the meeting, a petition in opposition from property owners in the subject area was received. The petition contained 88 signatures. 10 Planning Commission October 18, 2010 Slides of the subject property were shown. Vice -Chairman Gibbs opened the public hearing and asked for the applicant's comments. Gaile Henry, the applicant, addressed the Commission and asked for the request to be tabled for 30 days due to the petition that was received. Vice -Chairman Gibbs closed the public hearing. Commissioner Kyles made a motion to table a request for a zone change from RCR (Residential Conservation and Revitalization) District to LI (Light Industrial) District or more restrictive district on property located on the south side of Hollywood, approximately 890' east of the intersection of Hollywood and Canal Street as requested in File 2057-Z. Commissioner Johnson seconded the motion. Motion to table carried 6:0. 5) File 2058-P: Request for a specific use permitto-allow an office for a social service organization in an RCR (Residential Conservation and Revitalization) District. Location: 1608-16165 Sabine Pass Applicant: Statewide Consolidated Community Development Corporation, Inc. Mr. Richardson presented the staff report. Rosetta Jones, Executive Director of Statewide Consolidated Community Development Corp., has applied for the specific use permit. In 2003, Statewide got a specific use permit to allow them to use the property as a transitional housing `facility. That specific use permit has since expired. Ms. Jones would now like to remodel the building and use it as the headquarters for Statewide. Two employees will be located at this address. According to Transportation Engineering, 19 parking spaces are required . 12 spaces are shown. Mr. Richardson recommended approval subject to the following conditions: { An 8' tall wood screening fence must be installed along the north and west property lines of the lot at 1608 Sabine Pass A 6' wide landscape strip must be installed along the parking lot frontage along Sabine Pass Provide 19 parking spaces and with a modification to the landscaping requirement along the north and west property lines of the lot at 1608 Sabine Pass. Twenty-six 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. 11 Planning Commission October 18, 2010 Vice -Chairman Gibbs opened the public hearing and asked for the applicant's comments. Rosie Jones, the applicant, addressed the Commission. Vice -Chairman Gibbs asked for comments in favor or in opposition. No comments were made. The public hearing was closed. Commissioner Kyles made a motion to approve a specific use permit to allow an office for a social service organization in an RCR District at 1608-16165 Sabine Pass as requested in File 2058-P, subject to the following conditions: • An WWI wood screening fence must be installed along the north and west property lines of the lot at 1608 Sabine Pass • A 6' wide landscape strip must be installed along the parking lot frontage along Sabine Pass • Provide 19 parking spaces and with a modification to the landscaping requirement along the north and west property lines of the lot at 1608 Sabine Pass Commissioner Bodwin seconded the motion. Motion to approve carried 6:0. 6) File 2059-P: Request for specific use permit to allow a wholesale pharmacy in a GC -MD (General Commercial -Multiple Family Dwelling) District. Location: 5905 Phelan Applicant: Charles Ashy Mr, Richardson presented the staff report. Pharmerica is relocating from its current location on S. 11"`. Pharmerica provides medication, N services and pharmacy consulting services to long term care facilities, sub -acute hospitals, assisted living facilities and M IMR residential facilities. The pharmacy is not open to the public and will deliver all medication to the various facilities. The pharmacy is open 8 am to 5 pm, Monday through Friday. The pharmacy will occupy an existing lease space in the shopping center. Mr. Richardson recommended approval of the request. Twenty-six notices were mailed to property owners within 200 feet. One response in opposition and none in favor were returned. Slides of the subject property were shown. Vice -Chairman Gibbs opened the public hearing and asked for the applicant's comments. Charles Ashy, the applicant, addressed the Commission. 12 Planning Commission October 18, 2010 Vice -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 wholesale pharmacy in a GC -MD District at 5905 Phclan as requested in File 2059- P. Commissioner Kyles seconded the motion. Motion to approve carried 6:0. 7) File 2060-P: Request for an amended specific use permit to allow the expansion of a church in an RS (Residential Single Family Dwelling) District. Location: 8235 Broussard Applicant: Voth Baptist Church Mr. Richardson presented the staff report. Voth Baptist Church states that it would like to construct a 3,000 sq. ft. building to replace an old 2,500 sq. ft. building that was destroyed by Hurricane Rita. The new building will be used for Sunday School classrooms. There is also an existing one story frame residence that is used for classrooms as well. The fire department has reviewed this proposal and has recommended denial unless adequate access is provided to the new building to allow for a fire truck in case of a fire. The building is further than 150' from any fire hydrant. Mr. Richardson recommended approval subject to providing adequate access to the new building to allow for a fire truck. and with a modification to the landscaping/screening requirements along the west, south and east property lines and along the parking lot frontage. Twenty-four 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. Jack Maddox, Fire Marshal addressed the Commission. Vice -Chairman Gibbs opened the public hearing and asked for the applicant's comments. Richard Faust addressed the Commission. Ken Newell, 40 Dogwood Lane, addressed the Commission. Vice -Chairman Gibbs asked for comments in favor or in opposition. No comments were made. The public hearing was closed. Commissioner Nejad made a motion to approve an amended specific use permit to allow the expansion of a church in an RS (Residential Single Family Dwelling) District at 8235 Broussard as requested in File 2060-P with a subject to the following condition: 13 Planning Commission October 18, 2010 Provide adequate access to the rear building to meet the Fire Department's requirements and with a modification to the landscaping/screening requirements along the west and south property lines and the south 120' of the east property line (T chainlink fence and existing trees) and the screening requirement along the parking lot frontage on Broussard (no 6' wide landscape strip). Commissioner Bodwin seconded the motion. Motion carried 6:0. 8) File 2061-P: Request for a specific use permit to allow a funeral home in a GC -MD (General Commercial -Multiple Family Dwelling) District. Location: 3311 Calder Applicant: Homobono Pulido Mr, Richardson presented the public hearing. Bono Esperanza states that the funeral home will provide complete funeral services except for on -site cremation. The funeral home will be open 10 am to 6 pm, Monday through Saturday. Three employees will work at the facility. Mr. Esperanza states that the chapel will accommodate up to 75 persons. Based upon that number, nineteen parking spaces will be required. The site plan shows five parking spaces across the front of the property. According to the Calder Street Project Engineer, the property frontage will remain as it currently exists, which is a driveway. The applicant must provide written permission to use available parking within 400 feet of the subject property or apply for and be granted a special exception to the parking requirement by the Board of Adjustment. If Mr. Esperanza is able to get permission for nearby parking, this parking must be above what is required for the use on that property. Mr. Richardson recommended approval subject to the following condition: The applicant must provide written permission to use available parking within 400 feet of the subject property or apply for and be granted a special exception to the parking requirement by the Board of Adjustment. An RPZ will be required on the water service. The sanitary sewer service will be required to tie directly into the manhole. Eight notices were mailed to property owners within 200 feet. Two responses in favor and two in opposition were returned. Vice -Chairman Gibbs opened the public hearing and asked for the applicant's comments. Bono Esperanza, the applicant, addressed the Commission. Vice -Chairman Gibbs asked for comments in favor or in opposition. Sam Malley, 3311 Calder, addressed the Commission in favor. 14 Planning Commission October 18. 2010 Joey Breaux, Alamo Cleaners, addressed the Commission. Vice -Chairman Gibbs closed the public hearing. Commissioner Nejad made a motion to approve a specific use permit to allow a funeral home in a GC -MD (General Commercial -Multiple Family Dwelling) District at 3311 Calder as requested in File 2061-P subject to the following conditions: Nineteen parking spaces will be required. The applicant must provide written permission to use available parking within 400 feet of the subject property or apply for and be granted a special exception to the parking requirement by the Board of Adjustment. Commissioner Kyles seconded the motion. Motion to approve carried 4:2 (Johnson, Mason). OTHER BUSINESS THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED AT4:59P.M. 15 ABSTENTION AFFIDAVIT THE STATE OF TEXAS § COUNTY OF JEFFERSON § I, �.1: as a member of the ,0 fa, z cd^l`' (City Council, commission, or board) rt&e this affidavit and hereby on oath state the following:1, arid/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: W6 G / + � - (Name) (Address) ("I," or name of relative and relationship) have/has a substantial interest in Us 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 fhe 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 % , 20, ` Signature of Official Title BEFORE ME, the undersigned authority, on this day personally appeared / 40L 66 and 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 day of , 20 A). t------w---.--- ----? L hp4V AUK Jfl�-!_ CODE r L (� r Nintary Polir. Slate 4f Texas ,E a' laly Go08,U 2012xpires in and for the State of Texas