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HomeMy WebLinkAbout7-21-08 PC MinutesA REGULAR MEETING AND JOINT PUBLIC HEARINGS PLANNING COMMISSION AND CITY COUNCIL City Council Chambers July 21, 2008 A Regular Meeting and Joint Public Hearings of the Planning Commission and City Council were held on July 21, 2008 with the following members present: Commission members present: Vice Chairman Patrick Gibbs Commissioner Sina Nejad Commissioner Chris Reed Commissioner Ted Moor Commissioner "Halter Kyles Commissioner Eddie Senigaur Commission members absent: Chairman Lynda Kay Makin Commissioner Glenn Bodwin Commissioner Marty Craig Commissioner Greg Dykeman Alternate Commissioner Randall Collins Alternate Commissioner Steven Johnson Councilmembers present: Mayor Becky Ames Mayor Pro -Tern Audwin Samuel Councilmember-at-Large W. L. Pate Councilmember Nancy Beaulieu Councilmember Alan Coleman Councilmembers absent; Councilmember-at-Large Gethrel Williams -Wright Councilmember Jamie Smith Also present: Stephen Richardson, Planning Manager; Jill Cole, Recording Secretary; Tyrone Cooper, City Attorney; Adina Ward, Planner; Chris Boone, Community Development Director; Kyle Hayes, City Manager APPROVAL OF THE MINUTES Commissioner Senigaur made a motion to approve the minutes of the Regular Meeting and Joint Public Hearings held June 16, 2008. Commissioner Kyles seconded the motion, Motion to approve carried 6:0. 0 Planning Commission July 21, 2008 REGULAR MEETING 1) Replat - Lot 1A, Ashworth Addition and Lots 1A-4A, Sonward Estates: Consider a Replat of Lot 1, Ashworth Addition and Lots 1-4, Sonward Estates into Lot 1A, Ashworth Addition and Lots lA4A, Sonward Estates. Location: 8520-8550 Old Voth Road and 8700 block of Eastex Freeway Applicant: Faust Engineering and Surveying, Inc. Mr. Richardson presented the staff report. The purpose of the replat is to provide the owner of Lot 1, Ashworth Addition ownership of the property to Old Voth Road which includes the water and sewer lines that serve his property. Mr. Richardson recommended approval of the request. Five notices were mailed to property owners within 200 feet and within the two subdivisions. No responses in favor or in opposition were returned. Vice Chairman Gibbs opened the public hearing and asked for the applicant's continents. Richard Faust with Faust Engineering. and Surveying, Inc. 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 Replat of Lot 1, Ashworth Addition and Lots 1-4, Sonward Estates into Lot IA, Ashworth Addition and Lots 1A-4A, Sonward Estates located at 8520-8550 Old Voth Road and 8700 block of Eastex Freeway as requested. Commissioner Senigaur seconded the motion. Motion to approve carried 5:0. 2) Replan - Lots 5A and 6A, Block F. T. H. Langharn Estate Addition: Consider a Replat of a portion of Lots 5 and 6, Block F, T. H. Langham Estate Addition into Lots 5A and 6A, Block F, T. H. Langham Estate Addition. Location: 1115 Langham and 6095 Calder Applicant: Faust Engineering and Surveying, Inc. Mr. Richardson presented the staff report. A house is located on Lot 6A. Each tot exceeds the minimum lot dimensions as required by the Zoning Ordinance. Eight 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. Planning Commission July 2t,2008 Richard Faust, 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 Reed made a motion to approve a replat of a portion. of Lots 5 and 6, Block F, T. H. Langham Estate Addition into Lots 5A and 6A, Block F, T. H. Langham Estate Addition located at 1115 Langharn and 6095 Calder. Commissioner Kyles seconded the motion. Motion to approve carried 6:0. 3) Replat - Lot IOA, Stone Oak Industrial Park, Section 1: Consider a Replat of Lot 10, Stone Oak Industrial Park, Section 1 into Lot 1 OA, Stone Oak Industrial Park, Section 1. Location: 3805 Stone Oak Drive Applicant: B-Line Surveyors, Inc. Mr. Richardson presented the staff report. This replat is required due to tlrc abandonment of a 0.14 portion of the right-of-way of Stone Oak Drive and the construction of a permanent cul-de-sac. Gordon George is selling an 18.17 acre tract west of the end of Stone Oak Drive. The purchaser needs unencumbered access to the property. Mr. George has requested abandonment of the unimproved portion of the right-of-way and will construct a permanent cul-de-sac at the end of Stone Oak. The construction of the permanent cul-de-sac requires a shift in the alignment of the cul-de-sac and dedication of additional right-of-way. Five notices were mailed to property within 200 feet and within the subdivision. No responses in favor or in opposition were returned. Mr. Richardson recommended approval. Commissioner Moor made a motion to approve the replat of Lot 10, Stone Oak Industrial Park, Section 1 into Lot 10A, Stone Oak Industrial Park, Section 1 located at 3805 Stone OakDrive as requested. Commissioner Bodwin seconded the motion. Motion to approve carried 6:0. 4) Replat - Lots 21E and 21F. Block 3, Wescalder Fib: Consider a Replat of a portion of Lot 21, Block 3, Wescalder Fig Acres into Lots 21E and 21F, Block 3, Wescalder Fig Acres. Location: 9410 and 9430 Washington Boulevard Applicant: Faust Engineering & Surveying, Inc. Mr. Richardson presented the staff report. A house is located on Lot 21F. Both lots exceed the required minimum lot dimensions. Planning Commission July 21, 2008 Mr. Richardson recommended approval. Four notices were mailed to property owners within 200 feet and within the subdivision.. 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, the applicant, was present. 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 replat of a portion of Lot 21, Block 3, Wescalder Fig Acres into Lots 21 E and 21F, Block 3, Wescalder Fig Acres located at 9410 and 9430 Washington Boulevard. Commissioner Nejad seconded the motion. Motion to approve carried 6:0. 5) File 731-OB: Request to abandon a portion of Stone Oak Drive. Location: 3805 Stone Oak Drive, northern property line of Lot 10, Stone Oak Industrial Park Applicant: -Gordon George for Adam Shea, Ltd. Mr. Richardson presented the staff report. Gordon George is selling 18.17 acres of land to the west of the end of Stone Oak Drive. The purchaser needs unencumbered access to the property. Abandoning this right-of-way will provide that access. The abandoned property will be deeded to the purchaser. Mr. George has an agreement with IBEW Credit Union to deed its half of the right-of-way to the purchaser. Mr. Richardson recommended approval. Vice -Chairman Gibbs asked for comments. No comments were made. Commissioner Senigaur made a motion to approve a request to abandon a portion of Stone Oak Drive located at 3805 Stone Oak Drive, northern property line of Lot 10, Stone Oak Industrial. Park, as requested in File 731-OB. Commissioner Kyles seconded the motion. Motion to approve carried 6:0. ROLL CALL JOINT PUBLIC HEARINGS Mayor Ames called the Joint Public Hearings of July 21, 2008 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. 4 Planning Commission July 21, 2008 1) File 1953�P: Request for a general land use plan in a PUD District and a specific use permit to allow multi -family residential and general retail and professional office uses. Location: South side of Fanned at Stivers Applicant: Leonard Kirtman for Global Ventures Mr. Richardson presented the staff report. Leonard Kirtman of Global Ventures states that the 264 acre tract will be developed with single family residential, a senior residential community, apartments, retail and office uses. A total of 212 single family lots will be provided, as well as 30 acres of apartments catering to senior citizens, 71 acres of other apartments, 24 acres of commercial uses and 20-30 acres of open space. Access to the property will be provided by two streets that connect with Fannett. The initial phase will consist of the construction of 300 apartment units over a two time period. Upon completion of the first year of construction, construction of ten singlia family homes will begin. Continuing phases will include donstruction of the commercial property, the remaining apartments and single family and the senior citizen housing. Mr. Richardson recommended approval of the request. Thirty-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. Vice -Chairman Gibbs opened the public hearing and asked for the applicant's comments. Leonard Kirtman, the applicant, addressed the Commission and answered questions. Vice -Chairman Gibbs asked for comments in favor or in opposition. No comments were made. The public hearing was closed. Commissioner Reed made a motion to approve a request for a general land use plan in a PUD District and a specific use permit to allow multi -family residential and general retail and professional office uses for property located on the south side of Fannett at Stivers as requested in File 1953-P. Commissioner Kyles seconded the motion. Motion to approve carried 6:0. 2) File 1954-P: Request for a specific use permit to allow a drinking place in the CBD (Central Business District). Location: 268 Pearl Applicant: Brian Austin 5 Planning Commission ]uly21, 2008 Mr. Richardson presented the staff report. The applicant, Brian Austin, states that the property will be used as a night club that will generate revenue through the sale of alcoholic and non-alcoholic beverages during general business hours of 4 p.m. to 2 a.m., Monday through Saturday. The approximate occupancy of the facility will be 250 to 300 customers. Since the property is located in the CBD, parking is not required to be provided. Mr. Richardson recommended approval of the request. Sixteen notices were mailed to property owners within 200 feet. No comments in favor and one in opposition was returned. Slides of the subject property were shown. Vice Chairman Gibbs opened the public hearing and asked for the applicant's comments. Brian Austin, the applicant, addressed the Commission and answered questions. Mr. Austin owns the subject property and has a tenant that wants to open a drinking place. Vice Chairman Gibbs asked for comments in favor or in opposition. Willard Hall, 278 Pearl, addressed the Commission in opposition to the request. John Thomas addressed the Commission in opposition to the request on behalf of Brent Coon & Associates. Jimmy Booker, Board of Trustees, First United Methodist Church, addressed the Commission in opposition. Frank Alegre, Pastor of First United Methodist Church, addressed the Commission in opposition. The public hearing was closed. Commissioner Reed made a motion to deny a specific use permit to allow a drinking place in the CBD (Central Business District) at 268 Pearl as requested in File 1954- P. Commissioner Moor seconded the motion. Motion to deny carried 6:0. 3) File 1955-P: Request for a specific use permit to allow a boarding house in a GC - MD (General Commercial -Multiple Family Dwelling) District. Location: 10295 Eastex Freeway Applicant: Debbie Bonin for Hattie's House R Planning Commission July 21, 2008 Mr. Richardson presented the staff report. Debbie Bonin, for Hattie's House, states that the former Girls Haven property will be used as a boarding house for individuals with a very low income, who are homeless, those with mental illness, as. well as those who simply do not want to live alone anymore. Ms. Bonin states, that Hattie's House provides room and board, not care, to those not having the means or the money to live alone or with family members. Residents are taught to keep appointments, how to stay medication compliant and how to engage in gainful employment. Activity will be restricted to the structure and a minimal outdoor area. Hattie's House will be renting the property from Triumph Church, which is immediately to the south. Mr. Richardson recommended approval of the request. Twelve 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. Debbie Bonin, the applicant, addressed the Commission and answered questions. Vice Chairman Gibbs asked for comments in favor or in opposition, Susan Lopez, 390 Stateside, Vidor, addressed the Commission in favor of the request. Ms. Lopez is a resident at Hattie's House 1 and told the Commission that the staff there is very nice and it is a clean, safe place to live. Mr. Cory, an employee ofHattie's House, addressed the Commission in favor of the request. He stated that the residents are very well behaved and do not wander the property or the neighborhood. Mary Ann Wright, a resident of Hattie's House 3, addressed the Commission in favor. Ms. Wright stated that she lived at Hattie's House 2 for 2-1/2 years and now lives in a duplex with a roomate. Susan Morris, a resident of Hattie's House 1, addressed the Commission in faovr of the request. Hattie's House was highly recommended to Ms. Morris. She stated that the house is kept clean, the food is good and is taken to her doctor's appointments by the staff. Planning Cnmm ission July 21, 2008 Chris Thomas, Supervisor for Hattie's House, addressed the Commission in favor of the request. Mr. Thomas has been employee for over 2 years. He monitors the facilities and stated that they do not accept residents that are violent. There is a 30 -day trial period for residents, Steve Jones, 7080 Scotts Drive, addressed the Commission in opposition to the request. Gerard Montie addressed the Commission in opposition to the request. Mr. Montie lives directly behind the subject property and also owns'a house next door to the subject property. Mr. Montie asked that a fence be required around the property if the Commission approves the request. Jackie Shuler, 7135 Lewis, addressed the Commission in opposition to the request. Keith Broussard addressed the Commission in opposition to the request. Mr. Broussard owns property in the subject neighborhood. Glynn Hamrn addressed the Commission in opposition to the request on behalf of Mrs. Joe Beaty, 10365 Voth Road. Mrs. Beaty is a widow and was not able to attepd the meeting. Vernon Savell, 7210 Click, addressed the Commission in opposition to the request. Wendy Kite addressed the Commission in opposition to the request. Ms, Kite and her fianc6 purchased the house at Old Voth and Lewis. Discussion followed between the Commission regarding the other types of uses that are permitted in a GC -MD District. Jean Hamm, 7090 Lewis Drive, addressed the Commission in opposition to the request. Chris Huff, 7190 Hurley, addressed the Commission in opposition to the request. Randy Hartwick, 7230 Lewis Drive, addressed the Commission in opposition. Rebuttal by Ms. Bonin, Ms. Bonin reiterated that Hattie's House is a boarding house. Ms. Bonin's daughter is a paramedic and manages the facilities during the day while Ms. Bonnie is at work. Ms. Bonin addressed the issues of distributing medications as well as state inspections. She stated that the facility is not a crisis unit for the mentally ill and also houses residents that are physically ill. She explained the difference between boarding houses and homeless shelters as defined by the Texas Department of Aging and Disability. The facility has seven bedrooms and five bathrooms. Planning Commission July 21, 20D8 Discussion followed between Ms. Bonin, the Commission and staff regarding fencing of the property. The public hearing was closed. Commissioner Reed made a motion to approve a specific use permit to allow a boarding house in a GC -MD District at 10295 Eastex Freeway as requested in File 1955-P subject to the following condition: Provide a 6' tail wood screening fence around the rear yard of the house. The west line of the fence shall be a minimum of 25' from the rear of the house and the north and south lines of the fence shall tie in with the corners of the house. Commissioner Senigaur seconded the motion. The vote on the motion to approve was 3:3. Mr. Cooper explained that the request would be forwarded to City Council with no recommendation due to the 3:3 vote. 4) File 1956-P: Request for a specific use permit to allow an eating place and general office use in an RCR (Residential Conservation and Revitalization) District. Location: 2306 Hazel Applicant: Patricia LeDe Mr. Richardson presented the staff report. Ms. LeDe stated that she intends to restore and remodel the building that was Brad's Place Restaurant for many years. The building suffered damage from Hurricane Rita and has been vacant since that time. In 1998, Brad Nelson received a specific use permit that allowed his restaurant and catering business on the subject property. The building.immediately north of the restaurant was used as Mr. Nelson's office for the restaurant and catering business. Mr. Richardson recommended approval of the request. Twenty-seven notices were mailed to property owners within 200 feet. No responses in opposition or in favor were returned. Vice -Chairman Gibbs opened the public hearing and asked for the applicant's comments. Patricia LeDe, the applicant, addressed the Commission. Vice Chairman Gibbs asked for comments in favor or in opposition. 6 > > Planning Commission July 21, 2009 Keith Broussard addressed the Commission in favor of the request. Mr. Broussard owns property in the neighborhood. The public hearing was closed. Commissioner Moor made a motion to approve a specific use permit to allow an eating place and general office use in an RCR District at 2306 Hazel as requested in File 1956-P. Commissioner Kyles seconded the motion. Motion to approve carried 6:0. 5) File 1957-P: Request for a specific use permit to allow a warehouse in a GC -MD (General Commercial -Multiple Family Dwelling) District. Location: 2990 Laurel Applicant: Harry Kilgore Mr. Richardson presented the staff report. The proposed warehouse is to be located in an existing 15,000 sq. ft. commercial building. Mr. Kilgore states that the building will consist of approximately 14,000 sq. ft. of warehouse space and approximately 1,000 sq. ft. of office space. The building was last used as a day care center. However, the building has been vacant for several years. The building was originally constructed for commercial uses, The proposed use will be compatible with surrounding uses, There are several warehouse distribution centers within close proximity of the subject property. Thirty-four notices were wailed to property owners within 200 feet. No responses in favor and one in opposition were returned. Mr. Richardson recommended approval of the request. Vice Chairman Gibbs opened the public hearing and asked €or the applicant's comments. Harry Kilgore, the applicant, addressed the Commission. Vice Chairman Gibbs asked for comments in favor or in opposition. Wesley Yates addressed the Commission. Mr. Yates owns property a block from the subject property and wanted to know what would be stored in the building. Rebuttal by Mr. Kilgore. He stated that no hazardous materials would be stored in the warehouse. The public hearing was closed. 10 Planning Commission July 21, 2008 Commissioner Kyles made a motion to approve a specific use permit to allow a warehouse in a GC -MD District at 2990 Laurel as requested in File 1957-P. Commissioner Nejad seconded the motion. Motion to approve carried 6:0. THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED AT 6:00 P. M. 11