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HomeMy WebLinkAbout4-21-08 PC MinutesMINUTES REGULAR MEETING AND JOINT PUBLIC HEARINGS PLANNING COMMISSION AND CITY COUNCIL City Council Chambers .April 21, 2008 A Regular Meeting and Joint Public Hearings ofthe Planning Commission and City Council were held on April 21, 2008 with the following members present: Commission members present: Chairman Lynda Kay Makin Vice Chairman Patrick Gibbs Commissioner Glenn Bodwin Commissioner Marty Craig Commissioner Siva Nejad Commissioner Walter Kyles Commissioner Greg Dykeman Commissioner Ted Moor Commissioner Eddie Senigaur Commission members absent: Commissioner Chris Reed Alternate Commissioner Randall Collins Alternate Commissioner Steven Johnson Councilmembers present: Councilmember-at-Large W. L. Pate Councilmember-at-Large Gethrel Williams -Wright Councilmember Alan Coleman Councilmember Nancy Beaulieu Councilmember Jamie Smith Councilmembers absent: Mayor Becky Ames Mayor Pro -Tern Audwin Samuel Also present: Stephen Richardson, Planning Manager; Jill Cole, Recording Secretary; Tyrone Cooper, City Attorney; Adina Abshire, Planner; Chris Boone, Community Development Director; Kyle Hayes, City Manager; Don Burrell, Building Official APPROVAL, OF THE ME\UTES Commissioner Craig made a motion to approve the minutes of the Regular Meeting and Joint Public Hearings held March 17, 2008. Commissioner Kyles seconded the motion. Motion to approve carried 9:0. x Planning Commission Apri1'21, 2008 REGULAR MEETING 1) Replat - Lots 3A-3E Acadiana Court Addition: Consider the Replat of Lot 3, Acadiana Court Addition into Lots 3A-3E, Acadiana Court Addition Location: Acadiana Drive, north of Delaware Applicant: Mark W. Whiteley & Associates, Inc. Mr. Richardson presented the staff report. The subject property is located on the north side of Delaware, west of 19" Street. Lot 3 will be subdivided into 5 lots ranging in size from 0.21 acres to 0.37 acres. The property is served by Acadiana Drive, a private street. The lots will be used for the construction of office buildings. Mr. Richardson recommended approval subject to the following condition: Provide Water Utilities with information on how Lots 3A-3E will be served with water service. Three notices were mailed to property owners within 200 feet. No responses in favor or in opposition were returned. Chairman Makin asked for the applicant's comments. Jerry Cordts addressed the Commission. Mr. Cordts is one of the owners of Acadiana Court. 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 Lots 3A-3E, Acadiana Court Addition as requested, subject to the following condition: Provide Water Utilities with information on how Lots 3A-3E will be served with water service. (Water Utilities) Commissioner Senigaur seconded the motion. Motion to approve carried 9:0. 2) Preliminary Plat - Jehovah Jireh Village, Phase II, Section I: Consider the Preliminary Plat of Jehovah Jireh Village, Phase H, Section I. Location: North of Fanned and west of I I' Street Applicant: Faust Engineering & Surveying, Inc. Mr. Richardson presented the staff report. This subdivision includes 5 acres and will consist of 21 single family lots. The property is zoned LI and GC -MD. The 2 N Planning Commission April 21, 2008 property must be rezoned to RS to allow the subdivision. Action on the zone change is an item on the joint public hearing agenda. The request was sent to all interested parties. Mr. Richardson recommended approval subject to the following conditions: • Get approval of the RS (Residential Single Family Dwelling) District zoning. (Planning) • Submit calculations showing City drainage structure can handle additional flow from proposed master drainage plan. (Engineering) • Clarify roadway widths (back of curb to back of curb or front of curb to front of curb). (Engineering) • The water service taps for Lots 54, 56, 58 and 60 need to be relocated in order to maintain a 9' separation distance between the water service line and sanitary sever service line. (Water Utilities) • Redesign the temporary cul-de-sac turn -around to meet code. (Fire) • Provide proof of payment for 4 street lights and poles. (Transportation) Chairman Makin asked for the applicant's comments. Richard Faust, the applicant, addressed the Commission. Commissioner Bodwin made a motion to approve the Preliminary Plat of Jehovah Jireh Village, Phase II, Section I, subject to the following conditions: • Get approval of the RS (Residential Single Family Dwelling) District zoning. (Planning) • Submit calculations showing City drainage structure can handle additional flow from proposed master drainage plan.- (Engineering) • Clarify roadway widths (back of curb to back of curb or front of curb to front of curb). (Engineering) • The water service taps for Lots 54, 56, 58 and 60 need to be relocated in order to maintain a 9' separation distance between the water service line and sanitary sewer service line. (Water Utilities) • Redesign the temporary cul-de-sac turn -'around to meet code: (Fire) • Provide proof of payment for 4 street lights and poles. (Transportation) Commissioner Craig seconded the motion. Motion to approve carried 9:0. 3) Amended Plat - The Sanctuary Addition: Consider an amended final plat of The Sanctuary Addition; Lots 1-31, Block 1; 7.16 acres out.ofthe H. Wms. League, Ab. No. 56 Applicant: Fittz & Shipman, Inc. Planning Commission April 21, 2008 Mr. Richardson presented the staff report. The subject property is located west of Dowlen, behind the Neches Credit Union. In October, 2006, the Planning Commission approved the plat for The Sanctuary. After that, plans for eight homes were approved with a 10' rear yard building setback. Those permits are for homes on Lots 1-4, 8-9 and I I-12. Homes are nearing completion on Lots 2, 3, 9, 11 and 12. The foundation is framed and utilities installed on Lot 1. The foundation is poured on Lot 8. The foundation is partially framed on Lot 4. On April 7, the Board of Adjustment approved variances to allow a 10' rear yard Building setback on Lots 1-4. The Board denied variances for Lots 8-9 and I I -12. The applicant has submitted an amended plat that reflects a 10' rear yard building setback for Lots 1-4, 8-9 and 11-12. Lots 5-7, Lot 10 and Lots 13-31 all have a 15' rear building se&b..k. In addition, a note has been put on the plat stating that Po accessory buildings will be permitted within the 10' or 15' rear yard building setbacks. W. Richardson recommended approval of the plat. Chairman Makin asked for the applicant's comments. Don King with Fittz & Shipman, Inc., addressed the Commission. Commissioner Senigaur made a motion to approve the Amended Plat of The Sanctuary Addition as submitted. Commissioner Craig seconded the motion, Motion to approve carried 9:0. ROLL CALL JOINT PUBLIC HEARINGS Councilperson Beaulieu called the Joint Public Hearings of April 21, 2008 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 1941-Z: Request for a zone change from RS (Residential Single Family Dwelling) District to GC -MD (General Commercial -Multiple Family Dwelling) District or more restrictive district. Location: 554-598 Euclid Applicant: TCRE, LLC 4 Plaftning Commission April 21, 2008 Mr. Richardson presented the staff report. The purpose of the zone change is to allow the construction of a new 63,355 sq. ft. Walgreen'sPharmacy on the subject property. GC -MD abuts the subject property to the north and east. This property and the property to the north will be combined to allow adequate room for construction. Mr. Richardson recommended approval .of the request. Thirty-four notices were mailed to property owners within 200 feet. Four 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. Sheri Arnold with TCRE, the applicant, addressed the Commission. Chairman Makin 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 request for a zone change from RS (Resi.dential Single Family Dwelling) District to GC -MD (General Comrnercial- Multiple Family, Dwelling) District for the property at 554-598 Euclid as requested in File 1941-Z. Commissioner Craig seconded the motion. Motion to approve carried 9:0. 2) File 1935 P: Request for an amended specific use permit to allow the expansion of an existing church in an RS (Residential Single Family Dwelling) District. Location: 1555 S. 23rd Street Applicant: Unity Church of Beaumont Mr. Richardson presented the staff report. An- 1,800 sq.- ft. addition will be constructed on the south side of the existing church building. The addition will serve the young people of the church. Mr. Richardson recommended approval of the request. Twelve notices were mailed to property owners within 200 feet. No comments 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. The applicant was not present. j t I Planning Commission April21, 2008 Chairman Makin asked for continents in favor or in opposition. No comments were made. The public hearing was closed. Commissioner Kyles made a motion to approve an amended specific use permit to allow the expansion of an existing church in an RS (Residential Single Family Dwelling) District at 1555 S. 23`d Street as requested in File 1935-P. Commissioner Gibbs seconded the motion. Motion to approve carried 9:0. 3) File 1936-P: Request for an amended specific use permit to allow the expansion of an existing church in an RM-H (Residential Multiple Family Dwelling -Highest Density) District. Location: 7595 Highway 105 Applicant: Gospel Center Church Mr. Richardson presented the staff report. Gospel Center Church wishes to expand its facility by adding an additional 8,960 sq. ft. to the two existing buildings. Mr. Richardson recommended approval of the request. Twenty-seven notices were mailed -to property owners within 200' of -the subject property. One response in favor and one in opposition were returned. Slides of the subject property were shown. Chairman Malin opened the public hearing and asked for the applicant's continents. Reverend Danny Flippo, the applicant, addressed the Cornn►ission. 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 request for an amended specific use permit to allow the expansion of an existing church in an RM-H District at 7595 Highway 105 as requested in File 1936-P, subject to the following condition: Provide an 8' tall wood screening fence along the north property line for the length of the addition to the existing building. Commissioner Bodwin seconded the motion. Motion to approve carried 9:0. 4) File .1937-Z: Request for a zone change from RS (Residential Single Family Dwelling0 District to GC -MD (General Commercial -Multiple Family Dwelling) District. Location: Approximately 400' west of the intersection of Phelan and Major Applicant: Kerry Moncla 2 Planning Commission April 21, 2008 Mr. Richardson presented the staff report. The applicant, Kerry Moncla, would like to market the property for commercial purposes. The Comprehensive Klan designates this area as a Neighborhood Growth Unit. As such, commercial uses should be located near major intersections. Almost -an acre of this property is already zoned GC -MD. Mr. Richardson recommend approval of the request. 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. Chairman Makin opened the public hearing and asked for the applicant's comments. The applicant was not present. . Chairman Makin asked for continents 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 RS (Residential Single Family Dwelling) District to GC -MD (General Commercial -Multiple Family Dwelling) District for the property located approximately 400' west of the intersection of Phelan and Major as requested in File 1937-Z. Commissioner Nejad seconded the motion. Motion to approve carried 8:1 (Dykeman). 5) File 1938-P: Request for a specific use permit to allow a pipe and supply company in a GC -MD (General Commercial -Multiple Family Dwelling) District. Location: 1405 Ashley Applicant: ACT Pipe and Supply Mr. Richardson presented the staff report. The subject property currently consists of two existing structures and a storage area. Randall Hyatt, area manager for ACT Pipe and Supply, states that his company specializes in supplying products for underground utilities, plumbing, fire protection and fabrication sales. Mr. Richardson recommended approval of the request. Twenty-nine notices were mailed to property within 200 feet of the subject property. Two responses in favor and none in opposition were returned. Slides of the subject property were shown. Chairman Makin opened thepublic hearing and asked for the applicant's comments. 7 Planning Commission April 21, 2008 Rick Raspberry with ACT Pipe and Supply addressed the Commission. Mr. Raspberry will be the branch manager for this location. 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 a pipe and supply company in a GC -MD (General Commercial -Multiple Family Dwelling) District at 1405 Ashley as requested in File 1938-P. Commissioner Kyles seconded the motion. Motion to approve carried 9:0. 6) File 1939-P: Request for a specific use permit to allow a mother=in-law quarters in an RS (Residential Single Family Dwelling) District. Location: 5110 Forsythe Applicant: Wesley Faul Mr. Richardson presented the staff report. The applicant, Wesley Faul, would like to convert his 528 sq. ft. garage into living quarters for his aging mother. Mr. Richardson recommended approval subject to a prohibition against renting the mother-in-law quarters and the use of a separate electrical meter. 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. Chairman Makin opened the public hearing and asked for the applicant's comments. Joseph Wesley. Faul, the applicant, 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"a mother-in-law quarters in an RS (Residential Single Family Dwelling) District.at 5110 Forsythe as requested in File 1939-P subject to a prohibition against renting the mother-in-law quarters and the use of separate electrical meter. Commissioner Kyles seconded the motion. Motion to approve carried 9:0. 7) File 1940-P: Request for a specific use permit to allow a sleep lab in an RCR (Residential Conservation and Revitalization) District. Location: 2633 North Street Applicant: Eastex Sleep Solutions Planning Commission April 21, 2008 Mr. Richardson presented the staff report. Micah Cooksey, representing Eastex Sleep Labs, states that the sleep lab will consist of two bedrooms, a reception area, work room, kitchen and a restroom. Hours of operation will be 6 p.m. - 6 a.m. The property is the former location of an insurance office. Mr, Richardson recommended approval of the request. Thirty-seven 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. Paul Cooksey spoke on behalf of his son, Micah Cooksey. In response to the Commission, Mr. Cooksey said that there would be 1-2 people a night at the sleep lab. - 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 a sleep lab in an RCR (Residential Conservation and Revitalization) District at 2633 North Street as requested in File 1940-P. Commissioner Nejad seconded the motion. Motion to approve carried 9:0. 8), File 1942-P: Request for a specific use permit to allow a beauty shop in an RCR (Residential Conservation and Revitalization) District. Location: 1620 Pennsylvania Applicant: Paulette James Mr. Richardson presented the staff report.. In September, 2004, City Council approved a specific use permit to allow a beauty shop on the subject property. However, that beauty shop has been closed for over two years. The applicant, Paulette James, states that she would be the only beautician. Hours of operation will be 8 a.m. - 6 p.m., Tuesday - Saturday. Mr. Richardson recommended approval of the request. Eighteen 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. Z Planning Commission April 21, 2008 Paulette James addressed the Commission. Chairman Makin asked for comments in favor or in opposition. No continents were made. The public hearing was closed. Commissioner Senigaur made a motion to approve a specific use permit to allow a beauty shop in an RCR (Residential Conservation and Revitalization) District at 1620 Pennsylvania as requested in File 1942-P, Commissioner Craig seconded the motion. Motion to approve carried 9:0. 9) File 1943-Z: Request for a zone change from RS (Residential Single Family Dwelling) District and LI (Light Industrial) District to PUD (Planned Unit. Development) District. Location: South side of Fannett Road, between Highway 69 and Walden Road Applicant: Leonard Kirtman for Global Ventures. Mr, Richardson presented the staff report. Leonard Kirtman with Global Ventures has plans to develop approximately 264 acres into a mixed residential and light commercial development. Before any development can occur, a general land use plan and density plan will need to be submitted to the Planning Commission and City Council. Though not part of the zone change request, something that will need to be considered during the planning phase is the location of Walden Road Extension. The Major Street Plan shows Walden being extended through the subject property. Mr. Richardson recommend approval of the request. Thirty-three notices were mailed to property owners within 200 feet of the subject property. 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 for the applicant's comments. LeonardKirtman, the applicant, addressed the Commission and answered questions from the Commission. Chairman Makin asked for comments in favor or in opposition. Melisa Hebert, 5400 Stivers Drive, addressed the Commission in opposition to the request. Mrs. Hebert's house was built in 1840 and is a historical landmark and doesn't feel that the subject property is appropriate for the proposed development. There is a family cemetery right across from Broussard's Crematorium, which is adjacent to the proposed development. She also has concerns about drainage and how it would be affected. She did ask the Commission if they approved the request that the developer be required to build a privacy fence around the area from the cemetery to the back side of her house. 10 Planning Commission April21, 2008. Clyde Hebert, 5390 Fannett Road, addressed the Commission in opposition. His main concern is the environmental impact as a result of the proposed development. Amalia Villarreal with Leap Engineering addressed the Commission. Ms. Villarreal is assisting the developer. Although Leap Engineering has not been contracted to handle the environmental assessment, they did make_ the recommendation to investigate the environmental impact in that area. Further discussion followed between the Commission, Mrs. Villarreal and staff regarding drainage and flooding in the area. Rebuttal by Mr. Kirtman Chairman Makin closed the public hearing. Commissioner Moor made a motion to approve a zone change from RS (Residential Single Family Dwelling) District and LI (Light Industrial) District to PUD (Planned Unit Development) District for the property located on the south side of Fannett Road, between Highway 69 and Walden "Road as requested in File 1943-Z. Commissioner Gibbs seconded the motion. Motion to approve carried 7:2. 10) File 1944-P: Request for a specific use permit to allow a law office in an RCR (Residential Conservation.and Revitalization) District. Location: 2205 North Applicant: Carolyn Wiedenfeld Mr. Richardson presented the staff report. Carolyn Wiedenfeld is under contract to purchase the house at 2205 North for her residence. She would like to convert a room on the back of the house to her business office for her law firm. She would employ one full-time person and one part-time person. She would typically see clients from 2 p.m. - 5 p.m. Mr. Richardson recommended approval subject to moving the sign at least 5 feet from the right-of-way line. The sign shall not exceed 6' in height and shall not be illuminated. . Thirty-two notices were mailed to property owners within 200 feet of the subject property. Three 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. Carolyn Wiedenfeld addressed the Commission. Chairman Malvin asked for comments in favor or in opposition. Dale Hallmark, 2223 North, spoke in favor of the request. II Planning Commission April 21, 200g The public hearing was. closed. Commissioner Nejad made a motion to approve a specific use permit to allow a law office in an RCR (Residential Conservation and Revitalization) District at 2205 North as requested.in Pile 1944-P, subject to the following conditions: The structural support of the sign must be located at least 5' from the public right-of-way. The sign shall not exceed 6' in height and shall not be illuminated. The attorney shall live in the house and be the only attorney practicing at this address, Commissioner Bodwin seconded the motion. Motion to approve carried 9:0. 11) File 1945-Z: Request for a zone change from GC -MD (General Commercial - Multiple Family Dwelling) District and LI (Light Industrial) District to RS (Residential Single Family Dwelling) District. Location: North of Fannett Road and west of 11'h Street Applicant: ]Felicia Young for Jehovah Jireh Village CDC, Inc. Mr. Richardson presented the staff report. Felicia Young with Jehovah Jireh Village CDC is wishing to construct a single family neighborhood for low to moderate income families. This zone change will help address the continuing need for affordable housing for low/moderate income families. Mr. Richardson recommended approval of the request. Forty-three notices were mailed to property owners within 200 feet of the subject property. One response in opposition and none in favor were returned. Slides of the subject property were shown. (Commissioner Gibbs left the meeting.) Chairman Makin opened the public hearing and asked for the applicant's comments. Felicia Young, Executive Director of Jehovah Jireh Village, addressed the Commission. Chairman Makin asked for comments in favor or in opposition. Sherry White, 3965 Anita, addressed the Commission in opposition. Ms. White expressed concenns about her property value and possible drainage problems. Michael Pollard, 3940 Anita, addressed the Commission. He also expressed concerns about property values and drainage. Jack Whiting, 3930 Octavia Street, addressed the Commission. 12 Planning Commission April 21, 2008 Rebuttal by Richard Faust of Faust Engineering and Surveying. Chairman Malvin closed,the public hearing. Commissioner Moor made a motion to approve a zone change from GC -MD (General Commercial -Multiple Family Dwelling) District and LI (Light Industrial) District to RS (Residential Single Family Dwelling) District on the property located north of Fannett Road and west of 11' Street as requested in File 1945-Z. Commissioner Bodwin suggested that Ms. Young speak with the surrounding neighbors regarding their drainage concerns. Commissioner Craig seconded the motion, Motion to approve carried 8:0. THERE BEING NO FURTHER BUSINESS,_ THE MEETING WAS ADJOURNED AT 5:41 P. M. 13