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Home My WebLink About10-27-03 PC MinutesMINUTES REGULAR MEETING AND JOINT PUBLIC HEARINGS PLANNING COMMISSION CITY COUNCIL October 27, 2003 City Council Chambers A Regular Meeting and Joint Public Hearings of the Planning Commission and City Council were held on October 27, 2003 with the following members present: Commission members present: Chairman Laurie Leister Vice -Chairman Greg Dykeman Commissioner Dale Hallmark Commissioner Glenn Bodwin Conunissioner Walter Kyles Alternate Paul Jones Alternate Steven Johnson Commission members absent: Commissioner Dohn LaBiche Commissioner Marty Craig Commissioner Lynda Kay Makin Commissioner Virginia Hurley Alternate Ted Moor Councilmembers present: Mayor Evelyn Lord Mayor Pro -Tern Becky Ames Councilmember Lulu Smith Councilman -at -Large Andrew Cokinos Councilperson Nancy Beaulieu Councilmembers absent: Councilmember Bobbie Patterson Councilman Audwin Samuel Also present: Stephen Richardson, Planning Manager; Tyrone Cooper, First Assistant City Attorney; Jill Cole, Recording Secretary; Adina Abshire, Planner; Cheryl Robinson, Senior Planner; Tom Warner, Public Works Director; Kyle Hayes, City Manager APPROVAL OF THE MINUTES Commissioner Hallmark made a correction to the minutes of the Regular Meeting and Joint Public Hearings held September 15, 2003. The last paragraph on page 8 needs to include Planning Commission October 27, 2003 the second to the motion to approve (Commissioner LaBiche) and the vote of the motion carrying 8:0. With the correction, Commissioner Hallmark made a motion to approve the minutes of the Regular Meeting and Joint Public Hearings held September 15, 2003. Vice -Chairman Dykeman seconded the motion. Motion. to approve carried 7:0. REGULAR MEETING 1) Replat - Beaumont Orange and Fig Company Addition: Consider the replat of the west % of Lot l0 and all of Lot 11 into Lots 10A, 10B, I IA and l IB. Location: 8805, 8825, 8875 and 8895 Phelan Applicant: Faust Engineering and Surveying, Inc. (A public hearing is required on this file.) The property owners wish to subdivide these 1 %z lots into 4. Two of the lots will be 85' wide, one will be 85.71' wide and one lot will be 110' wide. This property was rezoned to RM-M in 1999. This. replat was sent to all interested parties. No negative responses have been received. Mr. Richardson recommended approval. Eight notices were mailed to property owners within 200'. No responses in favor or in opposition were received, Slides of the subject area were shown. Chairman Leister opened the public hearing and asked for the applicant's comments. Richard Faust, the applicant, addressed the Commission. Chairman Leister asked for continents in favor or in opposition. No comments were made. The public hearing was closed. Commissioner Hallmark made a motion to approve the Replat of the west'/2 of Lot 10 and all of Lot 1 I into Lots I OA, 1 OB, 11 A and 11 B of Beaumont Orange and Fig Company Addition as requested. Commissioner Kyles seconded the motion. Motion to approve carried 7:0. z Planning Commission October 27, 2003 2) Preliminary Plat - Montclaire Subdivision, Phase Two: Consider the Preliminary Plat of Montclaire Subdivision, Phase Two, Lots 26-41, Block 1 out of the H. Williams Survey, Ab. 56. Applicant: Carroll & Blackman, Inc. Phase Two of Montclaire Subdivision is a 16 lot single family residential subdivision. The subdivision will be built to current City specifications. The plat was sent to all interested parties. The two conditions that were listed in the staff report have been addressed by the developer. The Fire Department has stated that the fire hydrant layout is insufficient. The engineer is contacting the Fire Marshall to address this issue and at present time appears to be resolved. Mr. Richardson recommended approval of the preliminary plat subject to the fire hydrant layout being addressed. Chairman Leister asked for the applicant's comments. Joe Pattie with Carroll & Blackman, Inc. addressed the Commission. Vice -Chairman Dykeman made a motion to approve the Preliminary Plat of Montclaire Subdivision, Phase Two as requested subject to the agreement between the Fire Marshall and the applicant regarding the fire hydrants. Commissioner Bodwin seconded the motion. Motion to approve carried 7:0. 3) File 657-OB: Request for the abandonment of a 430' section of Burt Street, abandonment of a general utility easement in Block F, Oakwood Addition and re- dedication of a 50' section of Fulton Avenue. Applicant: Fittz and Shipman, Inc. for ExxonMobil (Commissioner Bodwin abstained from this case.) As part of the continuing redevelopment of this several block area of Charlton - Pollard Neighborhood, ExxonMobiI is requesting an abandonment of a portion of Burt Street, a general utility easement located in an alley that was abandoned in 1932 and the rededication of a 50' section of Fulton Avenue. Exxon Mobil owns all of the property on either side of that section of Burt Street and on both sides of the utility easement. The 50' section of Fulton was abandoned in June, 2003. At that time it was thought that an individual lived in a house located on Lot 14. The individual actually lives on Lot 13, thus necessitating the need to re -dedicate the 50' section of Fulton to provide access to that property. k] Planning Commission Oclober 27, 2003 Since the writing of the staff report, Mr. Richardson said he had received a continent from Southwestern Bell, Time Warner and Entergy stating that they have facilities in Burt that will have to be moved at the applicant's expense. Mr. Richardson recommended approval subject to the retention of a general utility easement along Burt or moving the utilities at the applicant's expense. Chairman Leister asked for the applicant's comments. John Holm with Fittz & Shipman, Inc., the applicant, addressed the Commission. Johnny Casmore with Exxon Mobil was also present. Commissioner Hallmark made a motion to approve the abandonment of a 430' section o f B urt S treet, a bandonment o f a g eneral u tility a asement i n B lock F, Oakwood Addition and re -dedication of 50'section of Fulton Avenue as requested in File 657-OB, subject to the retention of a general utility easement along Burt or moving the utilities at the applicant's expense. Commissioner Kyles seconded the motion. Motion to approve carried 6:0:1 (Bodwin). JOINT PUBLIC HEARINGS Mayor Lord called the Joint Public Hearings of October 27, 2003 to order and explained the purpose of the joint hearing process and then turned the meeting over to Chairman Leister. She explained the policies and procedures for the hearing process. 1) File 1687-Z: Request for a zone change from RS (Residential Single Family Dwelling) to NC (Neighborhood Commercial) District or a more restrictive district. Location: 4490 Bob Street Applicant: Mohamed Ahmed Mr. Richardson stated that the applicant, Mohamed Ahmed, is requesting this zone change to allow the expansion of his barbershop. The barbershop and adjacent convenience store have been there for many years. In February, 2003, Mr. Ahmed came to the City to inquire about the possibility of constructing a 12' 6" x 14'restroom addition to the rear of the barbershop. Because the property is zoned RS, he was unable to, expand the legal non -conforming use. While this request could be considered spot zoning, Mr. Richardson said he felt that the zone change is justified for the reasons listed in the staff report. Mr. Richardson recommended approval of the zone change request. 4 Planning Commission October 27, 2007 Twenty-eight 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 Leister opened the public hearing and asked for the applicant's comments. Mohamed Ahmed, the applicant, addressed the Commission. Chairman Leister asked for comments in favor or in opposition. No comments were made. The public hearing was closed. Vice -Chairman Dykeman made a motion to approve a zone change from RS to NC District for the property at 4490 Bob Street as requested in File 1687-Z. Commissioner Jones seconded the motion. Motion to approve carried 7:0. (Mayor Pro-Tem Ames arrived.) 2) File 1688-P: Request for a specific use permit to allow a mini -warehouse facility in a GC -MD (General Commercial -Multiple Family Dwelling) District. Location: 9489 College Street Applicant: Brandon Hebert The applicant, Brandon Hebert, plans to construct 75 non -climate controlled units in approximately 8,500 sq. ft. of building. There will be electric gate access and 24 hour protection. Commercial uses abut the subject property on the north, west and south sides. To the east is College Street. The original comment by the City Engineer was approval subject to approval of an underground drainage system. However, once the City Engineer realized the property drains to a ditch on College, that requirement was waived. Mr. Richardson recommended approval of the specific use permit request. Seven 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 Leister opened the public hearing and asked for the applicant's comments. 5 Planning Commission October 27, 2003 Brandon Hebert, the applicant, addressed the Commission. He answered questions regarding the type of building materials to be used, parking and security. Chairman Leister 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 mini -warehouse facility in a GC -MD District at 9489 College Street as requested in File 1688-P, with the stipulation that the subject property drains to the ditch on College Street. Commissioner Jones seconded the motion. Motion to approve carried 7:0. 3) File 1689-Z: Request for a zone change from RS (Residential Single Family Dwelling) to GC -MD (General Commercial -Multiple Family Dwelling) District or a more restrictive district. Location: 2095, 2125, 2155 and 2175 S. Major Drive Applicant: Charles B. Collins, Donald K. Colbert, Sr,, Jill Sheffield, Donald Kelly Charles Collins at 2125 S. Major originally submitted an application to rezone his property. When he visited with his neighbors, he found out that several others were interested in rezoning, as well. Three others joined in the request. The proposed uses range from a pottery/crafts/lawn accessory hobby shop to a hair salon/massage therapy/health products store to a paralegal business to a gift shop/food service business. The Comprehensive Plan designates this area as a Neighborhood Growth Unit. This concept designates commercial nodes at the intersections of major thoroughfares. GC -MD zoning is across Major Drive at the southwest corner of Major and Washington. Due to the single family zoning east and south of the subject property, Mr. Richardson recommended GC-MD-2 zoning which would require a specific use permit for any commercial use. Twenty-seven notices were mailed to property owners within 200 feet. Four responses in favor and four in opposition were returned. Slides of the subject property were shown. Chairman Leister opened the public hearing and asked for the applicant's comments. Charles Collins, the applicant, addressed the Commission. 6 Planning Commission October 27, 2003 Chairman Leister asked for comments in favor or in opposition. Sharon Lopez, 2170 Avalon, addressed the Commission. Ms. Lopez expressed concerns about the drainage of the properties abutting her property. Henry Buscher, 2130 Avalon, addressed the Commission. Mr. Buscher expressed concerns about the drainage of water onto his property as well as increasing traffic. The public hearing was closed. Rebuttal by Mr. Collins. Vice -Chairman Dykeman made a motion to approve a zone change from RS to GC- MD-2 District for the properties located at 2095, 2125, 2155 and 2175 S. Major Drive as requested in File 1689-Z. Commissioner Hallmark seconded the motion. Motion to approve carried 6:1 (Leister). 4) File 1690-P: Request for a specific use permit to allow a real estate services/insurance office in an RM-H (Residential Multiple Family Dwelling - Highest Density) District. Location: 8155 Gladys Applicant: Patti Merrill The applicant, Patti Merrill, would like to construct a 4,000 sq. ft. office building on the subject property. The primary tenant will be Homestead Realty. At least two other spaces would be available for leasing. An insurance office will likely occupy one of the other spaces. The appropriate landscape buffers will be provided along the south property line and for the parking lot. All access will be off of Gladys. Mr. Richardson recommended approval of the specific use permit request. Twenty-nine 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 Leister opened the public hearing and asked for the applicant's comments. Patti Merrill, owner of Homestead Realty addressed the Commission. She stated that the business would be open from 9 a.m. to 5 p.m. on Monday through Friday and would house three employees. 7 Planning Commission October 27, 2003 Chairman Leister asked for continents in favor or in opposition. No comments were made. The public hearing was closed. Discussion followed between the Commission members. Commissioner Hallmark made a motion to approve a specific use permit to allow a r eal a state s ervices/insurance o ffice i n an R M-H D istrict a t 8155 G ladys a s requested in File 1690-P. Commissioner Kyles seconded the motion. Motion to approve carried 7:0. 5) File 1691-P: Request for a specific use permit to allow a church in an RS (Residential Single Family Dwelling) District. Location: East side of Montrose Avenue, approximately 970' south of Brighton Street Applicant: Pastor Harmon Dent for Linson Street Church of God in Christ The Linson Street Church of God in Christ is requesting this specific use permit to allow it to build a 6,000 sq. ft. church building and related parking. Pastor Dent states that church activities will include the Sunday school hour, an 11 a.m. worship service, youth program and other church related activities. The church is requesting a waiver of the fence along the north and east sides of the property. To the north and east are large vacant tracts. Mr. Richardson recommended approval subject to the following conditions and with a waiver of the fence along the north and east sides of the property: 1. As per parking calculations, seating capacity shall not exceed 312 seats. 2. Drainage plans shall be submitted to and approved by the City Engineer. Twenty notices were mailed to property owners within 200 feet of the subject property. Five responses in opposition and none in favor were returned. Slides of the subject property were shown. Chairman Leister opened the public hearing and asked for the applicant's comments. Pastor Dent addressed the Commission. Chairman Leister asked for comments in favor or in opposition. Patrick Donart, 1550 Montrose, addressed the Commission. 8 Planning Commission October 27.2003 The public hearing was closed. Rebuttal by Pastor Dent Comments from the Commission members followed. Vice -Chairman Dykeman made a motion to approve a specific use permit to allow a church in an RS District located on the east side of Montrose Avenue, approximately 970' south of Brighton Street as requested in File 1691-P, subject to the following conditions: 1. As per parking calculations, seating capacity shall not exceed 312 seats. 2. Drainage plans shall be submitted to and approved by the City Engineer, Commissioner Bodwin seconded the motion. Motion to approve carried 6:1 (Hallmark). 3. File 1692-ZIP: Request for a zone change from NC (Neighborhood Commercial) to GC-MD-2 (General Commercial -Multiple Family Dwelling-2) District or a more restrictive district and a specific use permit to allow a retail and office development. Location: Immediately south of Gulf Employees Credit Union (2360 Dowlen) and north of DD#6 ditch. Applicant: Lenny Boone (Chairman Lcister abstained from this case.) In July, 2003, a request for 21,200 sq. ft. of space was denied by City Council. Since that time, the applicant has asked that he be able to come back for reconsideration. He has reduced the size to 18,000 sq. ft. and stated that no eighteen wheel trucks will be permitted to enter Wellington Place. Mr. Richardson recommended approval of the request. Twenty-seven notices were mailed to property owners within 200 feet. One in opposition and none in favor. Slides of the subject property were shown. Vice -Chairman Dykeman, acting as Chairman, opened the public hearing and asked for the applicant's continents. Lenny.Boone, the applicant, addressed the Commission. Vice -Chairman Dykeman asked for comments in favor or in opposition. E I f I Planning Commission October 27, 2003 Tom Simon, owner of The Kickstand bicycle shop, spoke in favor of the request. He is planning to move his store to the proposed location. Michael damail, 2370 Long, addressed the Commission in opposition to the request. Sam Parigi, 445 N. 14ie Street, spoke in opposition to the request. Buddy Low, 3855 Wheat Drive, spoke in opposition to the request, Wayne Reaud, 1315 Audubon, spoke in opposition to the request. Mr. Reaud owns a townhouse in One Wellington Place, across the street from the subject property. Mary Ann & Herman Iles spoke in opposition to the request. They own the property at 2099 Dowlen Road. Rob Clark, 85 Genevieve, addressed the Commission in favor of the request. The public hearing was closed. Commissioner Kyles made a motion to deny a zone change from NC to GC-MD-2 District and a specific use permit to allow a retail and office development on property located immediately south of Gulf Employees Credit Union (2360 Dowlen) and north of the DD96 ditch as requested in File 1692-7JP. Commissioner Hallmark seconded the motion. Motion to deny carried 6:0:1 (Leister). 4) File 1693-P: Request for a specific use permit to allow a parking lot in an NC (Neighborhood Commercial) District. Location: 3225 Park Applicant: Rosewood Store (Vice -Chairman Dykeman abstained from this case.) The applicant, Douglas Hill, is requesting this specific use permit to allow the parking of two commercial vehicles. This request has a common history with the specific use permit that was approved last month. Mr. Richardson recommended approval with a modification to the landscaping/screening requirements along the east and south side's of the subject property. Sixteen 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. 10 Planning Commission October 27, 2003 Chairman Leister opened the public hearing and asked for the applicant's comments. Douglas Hill, owner of Rosewood Store, addressed the Cornmission. Chairman Leister asked for comments in favor or in opposition. Rex Johnson, 4350 Chaison, addressed the Commission in opposition to the request. Rebuttal by Mr. Hill. Discussion between the Commission and staff. Commissioner Jones made a motion to approve a specific use permit to allow a parking lot in an NC District for the property at 3225 Park Street as requested in File 1693-P with a modification of the landscapingtscreening requirements along the east and south sides of the subject property and limit the number of commercial vehicles to two. Commissioner Hallmark seconded the motion. Motion to approve carried 6:0:1 (Dykeman). OTHER BUSINESS THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED AT 5:10 P.M. WORKSHOP W. Doug Canant - regarding building setback modifications adjacent to DD#6 facilities. 11 ABSTENTION AIFFIDAVri" THE STATE OF TEXAS COUNTY OF JEFFERSON § 9 4 & �?, [ --- - L a, S r�a , as a member of the -(b9 I ', ?-0,v1,v61 (City Council, commission, or board) make this affidavit and hereby on oath state the following: 1, 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 Je- j 02-? -2R (city council, commission, or board) as those terms are defined in V.T. C.A., Local Government CQd 9, § 171.002. The business entity is: -IName) (Address) ("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 $15,000 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 (1, 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 by blood or marriage, has a substantial interest in the business entity or property that would be affected by a decision of the public body x of which I am a member. 04'1V Pell's 01 CQ Upon r ,,,ng 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. - il Signed this the . day of Sign tore of official t''Tlzin 2 Lin Title 3 BEFORE ME, the undersigned authority, on this day personally appeared and on oath stated that the facts hereinabove stated are true to the best of his1her knowledge or belief. SWORN sLOMOm i*j6ed4mIi--- onthis the :�27day of '-2003 - ]E IC JILL COLE STATE OF TEXAS NOTARY PUBLIC tEC10F'W (6 MY COMM. Expires 01-27-2004 Notary Pubfiqand for the State of Texas 4040�� ABSTENTION THE STATE OF TEXAS COUNTY OF JEFFERSON Pt f),l jLej_t jAAJ as a member of the I 6+."J'o =j (City Council, commissionjo board) make this affidavit and hereby on oath state the folloyhOg: 1, 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: LA'1664 �*Oce (Na e) J .2 Q-Y- Mrk (Address) 'r or name of relative and relationship) 7r- P-m AV have/has a substantial interest in this. business entity for the following reasons: (Check A 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 $15,000 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 (1, 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 by 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 the c� 7 day of & 6--f -D kkv " Title 'b BEFORE ME, the undersigned authority, on this day personally appeared 6-rrec) vkcm ail and on oath stated that the facts hereinabove stated are true to the best of hi&Ser knowledge or belief. ---% rl 6- r SWOR cribed before me on this the day of 20 J COLE ILL COLE PUBLI Y PUS 11C LIC ';ATE OF TEXAS Notary Publion and for the State of Texas ABSTENTION gle, THE STATE OF TEXAS COUNTY OF JEFFERSON I, Qkemlv M. 800wit-d —, as a member of the 20,tvli cAA"" — (City Council, commission, or board) make this affidavit and hereby on oath state the following: 1, 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 !�Ii,e &69 - 08 defined in V.T.C.A., Local Government Code, §171.002. The business entity is: XOM (Name) ,esit., or- JU9,17 (Address) ("I," or name of relative and rel ationship) s�-Pl AW-D, k 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 $15,000 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 (1, 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 by 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 the A2 day of��TZ�Bf-' 20 0 -3. Signature of official Title BEFORE ME, the undersigned authority, on this day personally appeared and on oath stated that the facts hereinabove stated are true to the best of his1her knowledge or belief. SWO N t and subscribed before me on this the ol / day of 20 JILL COLE ,A i e' 'COL NOTAROF PUBLI STATE OF TEXAS Notary Public rand for the State of Texas My Comm. EXPRO3 01-27-2004 . , . _ . 7