Loading...
HomeMy WebLinkAbout3-19-07 PC MinutesMINUTES REGULAR MEETING AND JOINT PUBLIC HEARINGS PLANNING COMMISSION AND CITY COUNCIL City Council Chambers March 19, 2007 A Regular Meeting and Joint Public Hearings of the Planning Commission and City Council were held on March 19, 2007 with the following members present: Commission members present: Chairman Glenn Bodwin Vice Chairman Lynda Kay Makin Commissioner Sina Nejad Commissioner Dale Hallmark Commissioner Laurie Leister Commissioner Greg Dykeman Commissioner Ted Moor - Commissioner Walter Kyles Commission members absent: Commissioner Marty Craig Alternate Commissioner Steven Johnson Alternate Commissioner Randall Collins Councilmembers present: Mayor Guy Goodson Mayor Pro -Tern Nancy Beaulieu Councilmember-at-Large Becky Ames Councilmember Audwin Samuel Councilmembers absent; Councilmember Lulu Smith Councilmember-at-Large Andrew Cokinos Councilmember Bobbie Patterson Also present: Stephen Richardson, Planning Manager; Jill Cole, Recording Secretary; Adina Abshire, Planner; Tyrone Cooper, City Attorney; Tom 'Warner, Public Works Director; Chris Boone, Development. Services Manager; Kyle Hayes, City Manager APPROVAL OF THE MINUTES Commissioner Moor made a motion to approve the minutes of the Regular Meeting held February 26, 2007. Commissioner Nejad seconded the motion. Motion to approve carried 6:0. Planning Commission March 19, 2007 REGULAR MEETING 1) Replat-Jehovah Jireh, Section I: Request for a replat of Lots 2-12, Sarah Street Addition into Jehovah Jireh, Section I. Location: North side of Sarah, west of Fatima Applicant: Faust Engineering & Surveying, Inc. Mr. Richardson presented the staff report for the replat of Lots 2-12, Sarah Addition into Jehovah Jireh, a 5.03 acre addition that will include 22 single family lots. The property will be served by two coal -de -sac streets approximately 287' in length. Typical lot size will be 60' x 114'. The request was sent to all interested parties. Transportation, Engineering and Water Utilities recommended conditional approval. Mr. Richardson recommended approval of the Replat of Jehovah Jireh, Section I subject to the following conditions: I . Install four street lights at the southwest corner of Sarah and Rhopha; at the southeast corner of Sarah and Nissi; at the adjoining property line of Lots 4 and 5; at the adjoining property line of Lots 18 and 19 (Transportation) 2. Identify storm sewer pipe sizes (18" and 24" in diameter) (Engineering) 3. Identify driveway radii (25') (Engineering) 4. Submit inlet configuration/computation on a bond paper size (Engineering) 5. Submit commutative discharge/conveyance computation showing existing 24" at curb inlets on the east and west can handle additional flow (Engineering) 6. Submit hydraulic grade line analysis for 100 yr. frequency (designed for 10 years) with a tailwater elevation equal to the top of the existing curb inlets at the east and west tie-ins (Engineering) 7. Relocate fire hydrant to Lots 3 and 4 on Rhopha Street (Water Utilities) 8. Relocate fire hydrant to Lots 19 and 20 on Nissi Street (Water Utilities) 9. Sanitary sewer service lines may need to be adjusted due to the fire hydrant relocations (Water Utilities) 10. Water Utilities will need to see a Master Plan prior to reviewing the Preliminary Construction Plans (Water Utilities) 11. Construct a sidewalk along the north side of Sarah St. (Planning) Five notices were sent to property owners within the subdivision and within 200 feet. No responses in favor or in opposition were returned. Vice -Chairman Makin asked for the applicant's comments. K Planning Commission March 19, 2007 Richard Faust with Faust Engineering and Surveying, Inc., the applicant, addressed the Commission. He agreed to the 11 conditions listed. Vice -Chairman Makin. asked for comments in favor or in opposition. Preston Sennett, representing Knights of Peter Claver 64, addressed the Commission. Our Mother of Mercy Church is planning on building a community center on the comer of Fatima and Sarah Street and wanted to know if the subject request would affect the zoning and therefore, the community center. Mr. Richardson replied that the request would not affect the zoning. The public hearing was closed. Commissioner Nejad made a motion to approve a Replat of Lots 2-12, Sarah Street Addition into Jehovah Jireh, Section I located on the north side of Sarah, west of Fatima, subject to the following conditions: 1. Install four street lights at the southwest corner of Sarah and Rhopha; at the southeast corner of Sarah and Nissi; at the adjoining property line of Lots 4 and 5; at the adjoining property line of Lots 18 and 19 (Transportation) 2. Identify storm sewer pipe sizes (18" and 24" in diameter) (Engineering) 3. Identify driveway radii (25') (Engineering) 4. Submit inlet configuration/computation on abondpaper size (Engineering) 5. Submit commutative discharge/conveyance computation showing existing 24" at curb inlets on the east and west can handle additional flow (Engineering) 6. Submit hydraulic grade line analysis for 100 yr. frequency (designed for 10 years) with a tailwater elevation equal to the top of the existing curb inlets at the east and west tie-ins (Engineering) 7. Relocate fire hydrant to Lots 3 and 4 on Rhopha Street (Water Utilities) 8. Relocate fire hydrant to Lots 19 and 20 on Nissi Street (Water Utilities) 9. Sanitary sewer service lines may need to be adjusted due to the fire hydrant relocations (Water Utilities) 10. Water Utilities will need to see a Master PIan prior to reviewing the preliminary construction plans (Water Utilities) 11. Construct a sidewalk along the north side of Sarah Street (Planning) Commissioner Hallmark seconded the motion. Motion to approve carried 6:0. 2) Replat-Lots 7A and 7B, Block 65, Van Wormer Addition: Request for a replat of Lot 7, Block 65, Van Wormer Addition into Lots 7A and 7B, Block 65, Van Wormer Addition. Location: 1392 Forsythe and 655 Avenue A Applicant: Faust Engineering and Surveying, Inc. 3 Planning Commission March 19, 2007 Mr. Richardson presented the staff report. This item is a request for a replat of Lot 7, Block 65, Van Wormer Addition into two lots. Two houses now sit on the single lot. The owners would like to subdivide so that each house sits on a lot. The replat will create two lots that do not meet the minimum lot depth and minimum lot area. It will also create a rear yard setback of 6.75' for Lot 7B. The owners are requesting variances to the minimum lot depth and area and rear setback for Lot 7B. Mr. Richardson recommended approval of the replat and variances. Seventeen notices were mailed to propertyowners within the subdivision and within 200 feet. No responses in favor or in opposition were -returned. Vice -Chairman Makin opened the public hearing and asked for the applicant's comments. Richard Faust addressed the Commission. Mrs. Hernandez, 1392 Forsythe, addressed the Commission. (Commissioner Kyles and Chairman Bodwin arrived.) Vice -Chairman Makin asked for comments in favor or in opposition. No continents were made. The public hearing was closed. Commissioner Moor made a motion to approve the Replat of Lots 7A and 7B, Block 65, Van Wormer Addition located at 1392 Forsythe and 655 Avenue A, subject to variances to the minimum lot depth and area and rear setback for Lot 7B. Commissioner Hallmark seconded the motion. Motion to approve carried 8:0. 3) Replat-Lots 1-3. Geaux Addition: Request for a replat of a 0.91 acre tract of Lot 7, Block 6, Wescalder Fig Acres into Lots 1-3, Geaux Addition. Location: 2215 Wooten and approximately 150.84' east of he southeast corner of Washington and Wooten Applicant: Faust Engineering and Surveying, Inc. Mr. Richardson presented the staff report. Faust Engineering and Surveying is requesting this replat. All three lots exceed the minimum lot depth and area dimensions as required by the Zoning Ordinance. However, Lots 1 and 2 do not meet the minimum lot width. They are each 49.88'. The minimum is 50'. Washington Boulevard is a secondary arterial so an additional 10' of right-of-way is required. 4 Planning Commission March 19, 2007 Mr. Richardson recommended approval subject to the following conditions and approval of variances to the minimum lot width requirement for Lots I and 2: • Dedicate 10' of right-of-way along Washington Boulevard. (Planning) • Show addresses of Lots 1 and 2. (Planning) Fifteen notices were mailed to property owners within the subdivision and within 200 feet. No responses in favor or in opposition were returned. Chairman Bodwin asked for the applicant's comments. Richard Faust with Faust Engineering and Surveying addressed the Commission. Chairman Bodwin asked for comments in favor or in opposition. Doris O'Pry, 2215 Wooten Road, addressed the Commission. She said she has a possible buyer for her property on Washington and asked if the replat would affect the buyer building two houses on the property. Mr. Richardson responded that the lots would be buildable lots. The public hearing was closed. Vice -Chairman Makin made a motion to approve the Replat-Lots 1-3, Geaux Addition, a replat of a 0.91 acre tract of Lot 7, Block 6, Wescalder Fig Acres into Lots 1-3, Geaux Addition as requested, subject to the following conditions and approval of variances to the minimum lot width requirement for Lots I and 2: Dedicate 10' of right-of-way along Washington Boulevard. (Planning) Show addresses of Lots I and 2. (Planning) Commissioner Kyles seconded the motion. Motion to approve carried 8:0. 4) File 714-OB: Request to abandon a portion of Blanchette Street west of 11`' Street. Applicant: Drainage District ##6 Mr. Richardson presented the staff report. The abandonment is for an 80' portion of Blanchette, between 11' and 12' Streets. Drainage District #6 plans to build a retention pond to relieve flooding in the Corley -Cartwright area of Beaumont. Mr. Richardson recommended approval subject to DD#6 coordinating withEntergy, Time Warner and Entex on providing an easement for their service lines or relocating the lines. Chairman Bodwin asked for the applicant's comments. Planning Commission March 19, 2007 Doug Canant with Drainage District #6 addressed the Commission. Commissioner Hallmark made a motion to approve the abandonment of a portion of Blanchette Street west of 11' Street as requested in File 714-OB, subject to DD#6 coordinating with Entergy, Time Warner and Entex on providing an easement for their service lines or relocating the lines. Commissioner Makin seconded the motion. Motion to approve carried 8:0. 5) Preliminary PIat - River Ranch: Request for the Preliminary Plat of River Ranch; a 34.33 acre subdivision out of the D. Choate League, Ab. No. I 1 Applicant: Faust Engineering & Surveying, Inc. Mr. Richardson presented the staffreport. This item is a request forpreliminary plat approval of a 34 acre, 34 lot single family residential subdivision on Reins Road. The three streets serving the subdivision will be built to rural street standards. The Subdivision Regulations state that a single outlet rural street shall not serve more than 24 dwelling units. The proposed subdivision consists of 34 Iots. The Subdivision Regulations also state that 1 acre lots are required when fronting on rural streets. Typical lot size is 0.85 acres. Mr. Richardson recommended approval of the plat subject to the following conditions and to the maximum number of lots served by a rural street requirement and to the one acre minimum lot size requirement: Satisfy DD#6's drainage concerns on Reins Road. (DD#6) Construct a sidewalk along the west side of Reins Road. (Planning) Chairman Bodwin asked for the applicant's comments. Richard Faust with Faust Engineering & Surveying addressed the Commission. Discussion followed between the Commission members. Commissioner Dykeman made a motion to deny the Preliminary Plat of River Ranch as requested. Commissioner Leister seconded the motion. Motion to deny carried 8:0. ROLL CALL JOINT PUBLIC HEARINGS Mayor Goodson called the Joint Public Hearings of March 19, 2007 to order and explained the purpose of the joint hearing process and then turned the meeting over to Chairman Bodwin. He explained the policies and procedures for the hearing process. 6 Planning Commission March 19, 2007 1) File 1863-P: Request for a specific use permit to allow a reception hall in a GC- MD-2 (General Commercial -Multiple Family Dwelling-2) District. Location: 2750 Lucas Applicant: Thomas Cantue Mr. Richardson presented the staff report. The applicant, Mr. Cantue, received a zone change for his property in 2006. The proposed reception hall will encompass 4,500 sq. ft. and will be rented for meetings, parties, weddings, etc. The property is surrounded by an 8' tall wood screening fence on three sides along with a 5' landscape strip along the north property line and the north 204' of the east and west property lines. Mr. Cantue is requesting a modification to the landscaping requirement on those three sides. Mr. Richardson recommended approval of the request with a modification to the landscaping requirement. Twenty-three notices were sent to property owners within 200 feet. One response in favor and none in opposition were returned. Slides of the subject property were shown. (Commissioner Nejad recused himself from File 1863-P.) Chairman Bodwin opened the public hearing and asked for the applicant's comments. Thomas Cantue, the applicant, addressed the Commission. Mr. Cantue stated that the hall will be open until midnight or 1 a.m., 7 days a week and will allow BYOB. Chairman Bodwin asked for continents in favor or in opposition. No comments were made. The public hearing was closed. Commissioner Leister suggested that the Commission put a sign restriction as a condition of approval. Mr. Cantue addressed the Commission and stated that he would put a sign on the building. Commissioner Leister made a motion to approve a specific use permit to allow a reception hall in a GC-MD-2 District at 2750 Lucas as requested in File 1863-P with a modification to the landscaping requirement (5' landscape strip along the north property line and a 5' landscape strip along the north 204' of the east and west property lines) and that it not operate as a BYOB nightclub. Commissioner Moor seconded the motion. Motion to approve carried 7:0:1 (Nejad). 7 Planning Commission March 19, 2007 2) File 1864-Z: Request for a zone change from RS (Residential Single Family Dwelling) District to NC (Neighborhood Commercial) District or more restrictive district. Location: 3185 Highland Applicant: Herbert H. York, Sr. Mr. Richardson presented the staff report. The applicant's daughter, Patricia Lanier, is requesting a zone change for an existing building at 3185 Highland. Ms. Lanier states that the building has been used for commercial uses for the past 60 years. The property is located at 3185 Highland. The building lost its non- conforming status when it was shuttered for more than one year for repairs. Mr. Richardson recommended approval of the zone change request. Thirty notices were mailed to property owners within 200 feet. No responses in favor and five in opposition were returned. Slides of the subject property were shown. Chairman Bodwin opened the public hearing and asked for the applicant's comments. The applicant's representative, Mrs. Lanier, was unable to attend the meeting. Chairman Bodwin asked for comments in favor or in opposition. Carrie Racz, 545 Euclid, addressed the Commission. Ms. Racz expressed concerns about noise is the building is used for commercial uses. The public hearing was closed. Commissioner Dykeman made a motion to approve a zone change from RS (Residential Single Family Dwelling) District to NC (Neighborhood Commercial) District for the property at 3185 Highland as requested in File 1864-Z. Vice - Chairman Makin seconded the motion. Motion to approve carried 8:0. 3) File 1865-P: Request for a specific use permit to allow a skilled nursing home in a GC-MD-2 (General Commercial -Multiple Family Dwelling-2) District. Location: East side of Major Drive, south of Pevitot Applicant: The Westwind Corporation, dba Centex Management Company Mr. Richardson presented the staff report. City Council rezoned the subject property in January. The proposed nursing home will be on 5.74 acres. The nursing home will encompass 45,000 sq. ft. Access to the facility will be off of a 60' roadway to be built. Planning Commission March 19, 2007 Mr. Richardson recommend approval subject to constructing a sidewalk along Major Drive. Nine notices were mailed to property owners 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 Bodwin opened the public hearing and asked for the applicant's comments. James Moore, President of The Westwind Corporation dba Centex Management Company, addressed the Commission. Chairman Bodwin asked for comments in favor or in opposition. No comments were made. The public hearing was closed. Commissioner Leister made a motion to approve a specific use permit to allow a skilled nursing home in a GC-MD-2 District located on the east side of Major Drive, south of Pevitot as requested in File 1865-P, subject to constructing a sidewalk along Major Drive. Vice -Chairman Makin seconded the motion. Motion to approve carried 8:0. 4) File 1866-P: Request for a specific use permit to allow a non-profit veterans organization chapter meeting place in an RCR (Residential Conservation and Revitalization) District. Location: 2115 McFaddin Applicant: Vietnam Veterans of America, Chapter 292 Mr. Richardson presented the staff report. Vietnam Veterans of America, Chapter 292 is requesting the specific use permit. Monthly meetings are held at 7 p.m. on the third Tuesday of the month. Approximately 20 members attend monthly meetings. Occasional meetings are held at other times of the week with special events held at Christmas, Memorial Day and Veterans Day. Mr. Richardson recommended approval of the request with a modification to the landscaping requirements for the parking lot (no six foot landscape strip along the parking lot frontage). Twelve 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. 0 Planning Commission March 19, 2007 Chairman Bodwin opened the public hearing and asked for the applicant's comments. Kerwin Stone, representing Vietnam Veterans of America, Chapter 292, addressed the Commission. Chairman Bodwin asked -for continents in favor or in opposition. No comments were made. The public hearing was closed. Commissioner Leister made a motion to approve a specific use permit to allow a non-profit veterans organization chapter meeting place in an RCR District at 2115 McFaddin as requested in File 1866-P, subject to a modification to the landscaping requirements for the parking lot (no six foot landscape strip along the parking lot frontage). Commissioner Nejad seconded the motion. Motion to approve carried 8:0. 5) File 1867-P: Request for a specific use permit to allow a private school to teach phlebotomy in an RCR (Residential Conservation and Revitalization) District. Location: 2263 North Street Applicant: Pamela Jolivet Mr. Richardson presented the staff report. Pamela Jolivet with the Southeast Texas Phlebotomy Institute is making the subject request. Daily activities will consist of education pertaining to blood specimen collection with instructor lectures and hands -on -training. Hours of operation will be from 9 a.m. to 9 p.m., Monday through Friday. Upon completion of course work, students will be eligible to test for the National Phlebotomy Certification. Mr. Richardson recommended approval of the request with a modification to the landscaping/screening requirements (no additional landscaping or screening requirements along the south, east and west property lines). Twenty notices were mailed to property owners within 200 feet. Two responses in favor and none in opposition were returned. Slides of the subject property were shown. Chairman Bodwin opened the public hearing and asked for the applicant's comments. Pamela Jolivet, the applicant, addressed the Commission. Chairman Bodwin asked for comments in favor or in opposition. 10 Planning Commission March 19, 2007 Rose Darby, 110 Kolander Road, addressed the Commission in favor of the request. The public hearing was closed. Commissioner Leister made a motion to approve a specific use permit to allow a private school to teach phlebotomy in an RCR District at 2263 North Street as requested in File 1867-P with a modification to the landscaping/screening requirements (no additional landscaping or screening requirements along the south, east and west property lines). Vice Chairman Makin seconded the motion. Motion to approve carried 8:0. 6) File 1868-P: Request for a specific use permit to allow an 8 unit loft apartment building in a CBD (Central Business District). Location: 527 Forsythe Applicant: Landmark Asset Services, Inc., for Beaumont Downtown Lofts, Ltd. Mr. Richardson presented the staff report. The Landmark Group is requesting a specific use permit for the old Antioch Baptist Church building at 527 Forsythe. In addition to the apartments, there will be common space for a library, computer room, laundry facilities and leasing office space. Since the property is located in the CBD, off-street parking is not required. The applicant requested that the City provide reserved, on -street parking spaces but the City denied that request. Elsewhere in the city, apartment complexes are required to provide one and one-half parking spaces per unit. As submitted, no parking is provided. Mr. Richardson recommend denial based upon the fact that there is no off-street parking provided. Twenty notices were mailed to property owners within 200 feet of the subject property. No responses in favor or in opposition were returned. Slides of the subject property were shown. Chairman Bodwin opened the public hearing and asked for the applicant's comments. Paul Fitch, the applicant, addressed the Commission. Mr. Fitch stated that the subject building has been used as a title company for about 20 years. It is his opinion that the best use for the building would be to preserve it and convert it to loft apartments. Originally, 10 apartments were proposed, but it was reduced to 8 to minimize the parking impact. There is parallel parking where the individual spaces are 28 to 30' wide and if there was angle parking, there would be nine spaces. 11 Planning Commission March 19, 2007 Commissioner Dykeman asked if Beaumont Main Street was providing any financial assistance for this project. Mr. Fitch stated that Beaumont Main Street only helped find the buildings to renovate. In response to Commissioner Leister, Mr. Fitch said that he tried to purchase some of the adjacent lots for parking, but none of them are for sale. It is a similar problem with all parking downtown, most of the lots are in private ownership and that limits the ability to develop the buildings downtown and that is why they are requesting the use of off street parking since that's the only available resource. Chairman Bodwin asked for comments in favor or in opposition. Rick Clark, 510 Cathedral Square, addressed the Commission in opposition to the request. Mr. Clark owns property on three sides of the subject property and stated the lack of parking as his reason for opposition. Christina Ott, 237 Ridgeland, addressed the Commission in opposition due to the lack of parking. Ms. Ott spoke on behalf of Tom Flanagan and his real estate partners, who own the parking lot directly north of the subject property which is primary parking for the Century Tower building. The public hearing was closed Rebuttal by Mr. Fitch. Councilman Samuel asked for a historical perspective on the philosophy of allowing developments without the requirement for parking. Mr. Richardson stated that the Central Business District does not require parking for any type of use nor does it have sign controls or setback requirements. Typically the reason being that due to the density of any typical city business district there is not much space to provide parking but it is his opinion that for any use to be viable, even though the ordinance does not require it, it does need to provide some sort of parking because on street parking is limited and there is a strong need for off-street parking. For this building that would be 12 spaces. Discussion between staff, the Commission and Council followed. Commissioner Leister made a motion to approve a specific use permit to allow an 8 unit loft apartment building in a CBD (Central Business District) at 527 Forsythe as requested in File 1868-P. Commissioner Kyles seconded the motion. Motion to approve carried 5:2:1 (Bodwin). 12 Planning Commission March 19, 2007 7) File 1869-P: Request for a specific use permit to allow a 26 unit apartment building with 3,000 sq. ft. of commercial space in a CBD (Central Business District). Location: 620 Pearl Applicant: Landmark Asset Services, Inc., for Beaumont Downtown Lofts, Ltd. Mr. Richardson presented the staff report. The Landmark Group wishes to renovate the subject building for use as apartments and 3,000 sq. ft. of retail space. In addition, there will common space for a library, computer room, laundry facilities and leasing office space. Since the property is located in the CBD, off-street parking is not required. The site plan does show 28 parking spaces on the north side of the building. Mr. Richardson recommended denial based upon the lack of adequate parking for the apartments. Thirty-nine parking spaces would be required if built elsewhere in the city. Of the 28 parking spaces shown, three spaces are questionable due to the lack of the space for maneuvering when backing out. The Zoning Ordinance states that when off-street parking is provided in the CBD, it shall conform to the Off Street Parking and Driveway Standards. Twelve notices were mailed to property owners within 200 feet of the subject property. One response in favor and none in opposition were returned. Slides of the subject property were shown. Chairman Bodwin opened the public hearing and asked for the applicant's comments. Paul Fitch, the applicant, addressed the Commission. Mr. Fitch made one clarification to the request. When the two units were removed from the church, they put them in the Neches Building to make 28 units and reduced the retail space to 1500 square feet. The property does have 28 parking spaces in the adjacent lot which would provide one space per family. Chairman Bodwin asked for comments in favor or in opposition. Christina Ott addressed the Commission on behalf of property owners to north of the subject property. Ms. Ott again expressed concerns over the lack of parking for the proposed apartments. She also stated that because the apartments are low income housing, a lot of people who would like to live downtown do not qualify because their salaries exceed the requirement. Richard Gilbert; owner of the property at 695 Orleans, addressed the Commission. Mr. Gilbert stated that he felt that the parking situation would work itself out. 13 Planning Commission March 19, 2007 Rebuttal by Mr. Fitch. Mr. Fitch acknowledged that the project is affordable housing and the income levels are up to $36,000 for a family of four. They anticipate having families of 1-3 in the buildings. The affordable housing program is not Section 8 housing and it is not public housing. The tax credits provided allow the purchaser to buy down the mortgage around 20% of the cost of the production so that the rent can be lowered to the market standards for people paying no more than 30% of their i ricome. 7n the market study that they had done based on the rent in Beaumont, it is not high enough to attract new market rate apartments. Commissioner Leister made a motion to approve a specific use permit to allow a 26 unit apartment building with 3,000 sq. ft. of commercial space in a CBD (Central Business District) at 620 Pearl as requested in File 1869-P. Commissioner Kyles seconded the motion. Motion to approve failed 3:4:1 (Bodwin). 8) File 1871-P: Request for a specific use permit to allow a winery in a GC -MD (General Commercial -Multiple Family Dwelling) District. Location: 6755 Phelan Applicant: Patti Standley Mr. Richardson presented the staff report. Patti Standley wants to operate D' Vine Wine where individuals will be able to process, bottle, cork and label their own selections. Wine tastings will also be offered. In 2006, City Council approved an ordinance amendment to allow wineries in the CBD, GC -MD and GC-MD-2 Districts. Mr. Richardson recommended approval of the request. Eighteen notices were mailed to property owners within 200 feet. Two responses in favor and none in opposition were returned. Slides of the subject property were shown. Chairman Bodwin opened the public hearing and asked for the applicant's continents. Patti Standley addressed the Commission and answered questions. Chairman Bodwin asked for comments in favor or in opposition. Sam Parigi, 445 N. 14' Street, addressed the Commission in favor of the request. Mr. Parigi' represents the owners of St. Louis Court, which is located across the street from the subject property. Chairman Bodwin closed the public hearing. 14 Planning Commission March 19, 2007 Commissioner Kyles made a motion to approve a specific use permit to allow a winery in a GC -MD District at 6755 Phelan as requested in File 1871-P. Vice - Chairman Makin seconded the motion. Motion to approve carried 8:0. 9) File 1872-P: Request fora specific use permit to allow a charter school in a GC -MD (General Commercial -Multiple Family Dwelling) District. Location: 4055 Calder Applicant: Mark Whiteley & Associates, Inc. Mr. Richardson presented the staff report. Harmony Science Academy wants to operate a charter school in a former Market Basket store at 4055 Calder. The school will serve pre -Kindergarten through grade 12 when it is fully developed. In the first year, grades K-8 will be served with 350 students. The classes will start at 8 a.m. and end at 4 p.m. Mr. Richardson recommended approval of the request. Thirty-eight 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. (Commissioner Nejad abstained from File 1872-P.) Chairman Bodwin opened the public hearing and asked for the applicant's comments. Tom Rowe with Mark Whiteley & Associates addressed the Commission. Mr. Tarim, Superintendent of the Harmony Science Academy, addressed the Commission. Chairman Bodwin asked for comments in favor or in opposition. Sam Parigi, 445 N. 14' Street, addressed the Commission. Mr. Parigi expressed concerns regarding foot traffic, safety of students, etc. Karisa Tinsley, 430 N. 27'b Street, addressed the Commission and expressed concerns about foot traffic. Oscar Ozar, Principal of Harmony School in Houston, addressed the Commission in favor of the request. The public hearing was closed. 15 Planning Commission March 19, 2007 Rebuttal by Mr. Tarim. Commissioner Hallmark made a motion to approve a specific use permit to allow a charter school in a GC -MD District at 4055 Calder as requested in File 1872-P. Commissioner Leister seconded the motion. Motion to approve carried 5:2:1 (Nejad). 10) File 1873-ZIP: Request for a zone change from NC (Neighborhood Commercial) District to GC-MD-2 (General Commercial -Multiple Family Dwelling-2) District or more restrictive district and a specific use permit to allow a family medical clinic in a GC-MD-2 (General Commercial -Multiple Family Dwelling-2) District. Location: 4400 Highland Avenue Applicant: Clark Moore Mr. Richardson presented the staff report. Clark Moore, Executive Director of Ubi Caritas, h as r equested a z one c hange a nd s pecific it se p ermit t o a llow f or t he construction of a new 6,000 sq. ft. clinic at 4400 Highland. Ubi Caritas has been operating in an existing building at this location since the late `90's. Ubi Caritas is a faith based non-profit organization started by the Episcopal congregations of Beaumont. The clinic serves low income residents of South Beaumont. Ubi Caritas has received a $860,000 grant to build a 6,000 sq. ft. clinic on the south end of the property. NC restricts building size to 4,000 sq. ft., thus the need for a zone change. While the zone change request could be considered spot zoning, Mr. Richardson stated that the fact that the clinic will not be a detriment to the surrounding area, will serve a strong public need and cannot build the new 6,000 sq. ft. clinic under the existing zoning outweigh the argument the request is spot zoning. Mr. Richardson recommended approval of the request subject to the following conditions: Provide a 10' landscape strip along the west property line. Provide a 6' landscape strip along all street frontages of the parking lots. Twenty-seven notices were mailed to property owners within 200 feet. Five notices in favor and none in opposition were returned. Slides of the subject property were shown. Chairman Bodwin opened the public hearing and asked for the applicant's comments. IV Planning Commission Marcie 19, 2007 Clark Moore, the applicant, addressed the Commission. Chairman Bodwin asked for comments in favor or in opposition. No comments were made. The public hearing was closed. Commissioner Leister made a motion to approve a zone change from NC District to GC-MD-2 District and a specific use permit to allow a family medical clinic in a GC-MD-2 District at 4400 Highland Avenue as requested in File 1873-ZIP subject to the following conditions: Provide a 10' landscape strip along the west property line. Provide a 6' landscape strip along all street frontages of the parking lots. Commissioner Kyles seconded the motion. Motion to approve carried 8:0. 11} File 1874-Z: Request for a zone change from RM-M (Residential Multiple Family Dwelling -Medium Density) District to RM-H (Residential Multiple Family Dwelling -Highest Density) District or more restrictive district. Location: North side of Concord near Judy Lane Applicant: Fittz & Shipman, Inc. Mr. Richardson presented the staff report. The subject request is for a zone change from RM-M to RM-H for 11.8 acres located on the north side of Concord, near Judy Lane. The developer of the overall 62.3 acres proposes to construct single family homes, low density townhomes and high density apartments. The developer wishes to exceed the density now permitted under the RM-M zoning. The subject property is bounded by Concord on the south and a concrete drainage ditch on the east. The RM-H zoning will buffer the lower density uses from the high traffic volume on Concord. Mr. Richardson recommended approval of the request. Eleven 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. Chairman Bodwin opened the public hearing and asked for the applicant's comments. John Holm with Fittz & Shipman, Inc. addressed the Commission. 17 Planning Commission March 19, 2007 Chairman Bodwin 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 zone change from RM-M District to RM-H District for property located on the north side of Concord near Judy Lane as requested in File 1874-Z. Commissioner Moor seconded the motion. Motion to approve carried 8:0. 12) File 1875-P: Request for a specific use permit to allow a food manufacturing processing/warehouse facility in a CBD (Central Business District). Location: 730 Liberty Applicant: Salad Soulmates, Inc. Mr. Richardson presented the staff report. Salad Soulmates currently operates a salad dressing manufacturing facility at what was formerly the Quality Cafe. Along with renovating the current building, the company would like to expand its operation to the area behind the existing building. Mr. Richardson recommended approval subject to screening the garbage and recycling bins. Eleven 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 Bodwin opened the public hearing and asked for the applicant's comments. Pam Danna, the applicant, addressed the Commission. Chairman Bodwin asked for comments in favor or in opposition. No comments were made. The public hearing was closed. Commissioner Leister made a motion to approve a specific use permit to allow a food manufacturing processing/warehouse facility in a CBD (Central Business District) at 730 Liberty as requested in File 1875-P, subject to the following condition: The garbage and recycling bins will be completely screened from view from any street via landscaping and solid wood opaque fencing on a minimum of three sides. Commissioner Moor seconded the motion. Motion to approve carried 8:0. 18 Planning Commission March 19, 2007 13) File 1876-P: Request for a specific use permit to allow a business office in an RCR (Residential Conservation and Revitalization) District. Location: 2t70 Broadway Applicant: Atwood Business Office Mr. Richardson presented the staff report. The applicants, Marvin and Deborah Atwood, own a number of small businesses and would like to use the subject property as a location to house a clerical and communication center for those businesses. The proposed business office would house two persons. No walk-in business would occur. The subj ect property has been used for commercial purposes for a number of years. The back yard is completely paved as a parking lot. Mr. Richardson recommended approval of the request. Eighteen 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 Bodwin opened the public hearing and asked for the applicant's comments. Marvin Atwood, the applicant, addressed the Commission. Chairman Bodwin asked for comments in favor or in opposition. No comments were made. The public hearing was closed. Vice -Chairman Makin made a motion to approve a specific use permit to allow a business office in an RCR District at 2170 Broadway as requested in File 1876-P. Commissioner Hallmark seconded the motion. Motion to approve carried 8:0. 14) File 1877-P: Request for a specific use permit to allow a bank in a PUD (Planned Unit Development) District. Location: 6250 Delaware Applicant: Talisman Development, Inc. Mr. Richardson presented the staff report. Talisman Development plans to construct a 8,650 sq. ft. building on the subject property and lease the front 5,650 sq. ft. to Wells Fargo Bank. The remaining 3,000 sq. ft. will be reserved for a future use. The applicant is requesting a modification to the screening requirement along the north property line. A IO' landscape buffer will be planted along the north property line adjacent to the 120' wide DD#6 ditch right-of-way. 19 Planning Commission March 19, 2007 Mr. Richardson recommended approval of the request with a modification to the screening requirement. 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. Chairman Bodwin opened the public hearing and asked for the applicant's comments. Richard Guseman, the applicant, was not present. Chairman Bodwin asked for comments in favor or in opposition. Sam Parigi addressed the Commission. Mr. Parigi represents the property owners on either side of the subject property. The public hearing was closed. Commissioner Leister made a motion to approve a specific use permit to allow a bank in a PUD (Planned Unit Development) District at 6250 Delaware as requested in File 1877-P without the requested modification to the screening requirement, therefore requiring a fence. Commissioner Kyles seconded the motion. Discussion followed. Commissioner Kyles withdrew his second to the motion. The motion failed for lack of a second. Commissioner Kyles made a motion to approve a specific use permit to allow a bank in a PUD (Planned Unit Development) District at 6250 Delaware as requested in File 1877-P with a modification to the screening requirement (no 8' screening fence along the north property line). Commissioner Moor seconded the motion. Motion to approve carried 8:0. OTHER BUSINESS THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED AT5:40P.A 20 le �') _P THE STATE OF TEXAS § COUNTY OF JEFFE ON § I, Sr�,a e Q as a member of the a n VV SSL,�-(City Council, commission, or board} make this affidavit and hereby on oath state the llowing: I, and/or a person or persons related to me, have a substantial interest in a business entity that would be eculiarly affected by a vote or decision of the 1Gl n (City Counci commissio or board) as those terms are defined in V.T.C.A., Local Governm : t Code, §171.002, The business entity is: I rLe( 4r J (Name) (Address) Cl," or name of relative and relationship) have/has a substantial interest in this business entity for the following reasons: (check all of which are applicable.) Ownership of 10 percent or more of the voting stock or shares of the business entity. Ownership of either 10 percent or more or $5,000 or more of the fair market value of the business entity. Funds received from the business entity exceed 10 percent of (my, her, his) gross income for the previous year. Real property is involved, and (I, he, she) have an interest which is an equitable or legal ownership with a fair market value of at least $2,500. A relative of mine, within the first or second degree of blood or marriage, has a substantial interest in the business entity or property that would be affected by a decision of the public body of which I am a member. Upon filing of this affidavit with the City Clerk, I affirm that I will abstain from voting on any decision involving this business entity and from any further participation on this matter whatsoever. Signed this day of (� , 20.1�L. Signature of Offici �L 42 n fi Title BEFORE ME, the undersigned authority, on this day personally appeared l and an oath stated that the facts hereinabove stated are true to the best of his/her knowledge 4-belie?. SWORN to and subscribed before me on this I day of 200 IT JILL COLE '. c Notary Public, State of Texas E My Commission Expires June 02, 2008 Notary Public and for the State of Texas