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HomeMy WebLinkAbout6-17-19PCminutes * M I N U T E S * JOINT PUBLIC HEARINGS PLANNING COMMISSION CITY COUNCIL City Council Chambers June 17, 2019 A Joint Public Hearing of the Planning Commission and City Council was held on June 17, 2019 and called to order at 3:12 p.m. with the following members present: Commission Members present: Chairman Sina Nejad Vice-Chairman Lauren Williams Mason Commissioner J.P. Colbert Commissioner Johnny Beatty Commissioner Lynda Kay Makin Alt. Commissioner Cory Crenshaw Commission Members absent: Commissioner Eddie Senigaur Commissioner Bill Little Commissioner Shawn Javed Commissioner Roy Steinhagen Alt. Commissioner Sandy Pate Alt. Commissioner Marty Craig Councilmembers present: Mayor Becky Ames Mayor Pro-Tem Robin Mouton Councilmember W.L. Pate Councilmember Randy Feldschau Councilmember Audwin Samuel Councilmember Mike Getz Councilmembers absent: Councilmember Virginia Jordan Also present: Chris Boone, Director of Planning and Community Development Adina Josey, Senior Planner Tyrone Cooper, City Attorney Fran Malvo, Recording Secretary 1 Planning and Zoning June 17, 2019 APPROVAL OF MINUTES Commissioner Makin made a motion to approve the minutes of the Joint Public Hearings held on May 20, 2019. Commissioner Mason seconded the motion. Motion to approve the minutes carried 6:0. REGULAR MEETING th 1) 894-OB: Request to abandon an approximate 970 foot portion of North 7 Street located between Dollinger Road and the Union Pacific Railway, north of Interstate Highway 10 East. Applicant: Robert Kober Location: South of Dollinger Road and north of the Union Pacific Railroad right-of-way Mr. Boone presented the staff report. Robert Kober of Knife River Corporation-South has requested the abandonment of an approximate 970 foot portion of the right-of-way of North th 7Street located between Dollinger Road and the Union Pacific Railway, north of Interstate Highway 10, East. Mr. Kober states that the right-of-way being considered for abandonment has a history of flooding, deferred maintenance and accidents. Upon approval of this aban- donment, Knife River Corporation-South intends to modify the right-of-way by grading the site to ensure proper drainage. Mr. Kober says the area will also be secured with fencing and th gates. Abandonment of this portion of 7 Street will eliminate public access to a north-south connector from Dollinger Road to Interstate Highway 10 East. Slides were shown of the subject property. Mr. Boone explained why a public hearing was required for the abandonment under the Regular Meeting. Seven (7) notices were mailed to interested parties. Martin Marietta mailed in an opposition to the request. Discussion fol- lowed between Mr. Boone and the Commission regarding the benefits of the road closure. The City Attorney gave a brief discussion regarding how the property would be divided if the request is approved. Commissioner Colbert asked if a traffic study was performed. Mr. Boone stated he didn’t think so. More discussion followed between the Mayor and Mr. Boone regarding rerouting traffic if the request is approved. More discussion followed th between Mr. Boone and Councilmember Samuel regarding who has access to 7 Street and the condition of the street. Brandon Belaire, representing the City Traffic Engineering department stated that the road is in poor condition and is not suitable for any more truck traffic. Discussion followed regarding the heavy industrial traffic from the surrounding businesses including Knife River. Councilmember Getz asked could the companies that drive the large trucks share the costs with the City to help repair the streets that they utilize on a regular basis. City Attorney stated that is not something that the Planning Commission can mandate. Kyle Hayes, City Manager addressed the Commission. Mr. Hayes stated that you can ask the businesses to help repair and maintain the streets but you cannot require them to do so. Mr. Hayes also stated that it would cost approximately one and a half million th dollars to repair 7 Street. Discussion followed. Chairman Nejad asked if any would like to vote in favor or against the request. The public hearing opened. Clyde Johnson, 2810 Willow Street addressed the Commission. Mr. Johnson spoke against the request. Michael Ryals, 3250 Timberwood Lane addressed the Commission. Mr. Ryals spoke against the request on behalf of Brickyard Neighborhood Association. Mary Lee, 2345 Brickyard, President of 2 Planning and Zoning June 17, 2019 Brickyard Neighborhood Association addressed the Commission. Ms. Lee spoke against the request. Peggy Cole Lee, 2320 Roman Street addressed the Commission. Ms. Lee spoke against the request. No other questions or comments. The public hearing closed. Vice- Chairman Mason made a motion to deny the request for an abandonment of an approximate th 970 foot portion of North 7 Street located between Dollinger Road and the Union Pacific Railway, north of Interstate Highway 10 East as requested for File 894-OB.Commissioner Crenshaw seconded the motion. Motion to deny carried 6:0. 2) 896-OB: Request to abandon an approximate 0.001 Acre portion of Carabin Street at Ewing Street. Applicant: SBLT Investments, Inc. Location: South of 1315 South Street Mr. Boone presented the staff report. SBLT Investments, Inc. on behalf of Mr. Thomas Abraham is requesting to abandon a small section of the Carabin Street right-of-way. This 30 foot wide right-of-way was never developed and runs directly behind the property located at 1315 South Street. The building at 1315 South Street crosses over into this unused right- of-way. The property is currently being sold and the lender has required that the encroachment be resolved. Slides were shown of the subject property. The item was sent to all interested parties. The Planning staff recommended approval of the request. No questions or comments for Mr. Boone. No discussion. Commissioner Makin made a motion to approve the request to abandon an approximate 0.001 acre portion of Carabin Street at Ewing Street as requested for File 896-OB. Commissioner Colbert seconded the motion. Motion to approve carried 6:0. JOINT PUBLIC HEARINGS Mayor Ames called the Joint Public Hearings of June 17, 2019 to order and explained the purpose of the Joint Public Hearing process. Mayor Ames turned the meeting over to Chair- man Nejad to conduct the Joint Public Hearings. 1) File 2381-P: Request for a Specific Use Permit to allow a spa/salon in an RM-H (Residen- tial Multiple Family Dwelling-Highest Density) District. Applicant: Terry Syler Location: 2105 Dowlen Road Mr. Boone presented the staff report. Terry Syler is requesting a Specific Use Permit to allow a spa/salon at 2105 Dowlen Road. This location was where Mr. Syler once ran his orthodon- tist office. When Mr. Syler retired, he converted the office into a spa and salon called Beauty Design One. He currently has three (3) employees, who are licensed as nail technician, esthetician, massage therapist and cosmetologist. Mr. Syler’s hours of operation are currently from 9:00 a.m. to 7:00 p.m. Slides were shown of the subject property. One hundred thirty-eight (138) notices were mailed to property owners within 200 feet of the subject property. One response was received 3 Planning and Zoning June 17, 2019 in favor and none were received in opposition. Staff recommended approval of the request. No questions or comments for Mr. Boone. The applicant was present. Terry Syler, 855 Dowlen Road, addressed the Commission. Mr. Syler stated he just recently retired from his orthodontic practice and converted the building into a beauty salon. No questions or comments for Mr. Syler. The public hearing opened. No one spoke in favor or against the request. The public hearing closed. Commissioner Makin made a motion to approve the request for a Specific Use Permit to allow a spa/salon in an RM-H (Residential Multiple Family Dwelling-Highest Density) District as requested for File 2381-P. Vice-Chairman Mason seconded the motion. Motion to approve carried 6:0. 2) File 2385-Z: Request for a Rezoning from RM-H (Residential Multiple Family Dwelling- Highest Density) to GC-MD (General Commercial-Multiple Family Dwelling) or a more restrictive zoning district. Applicant: D’Juana Davillier Fowler Location: 1320 Caldwell Avenue Mr. Boone presented the staff report. D’Juana Davillier Fowler is requesting a rezoning of her property located at 1320 Caldwell Avenue. The purpose of this rezone is to take their current garage and return it to a commercial use. She intends to open a store and develop- ment center, with retail sales of homemade and natural products for clean living. The development center will offer home economics education to local youth. Ms. Fowler plans to be open for business from 8:00 a.m. to 9:00 p.m. Slides of the subject property were shown. Twenty-five (25) notices were mailed to property owners within 200 feet of the subject property. No responses were received in favor and none were received in opposition. Staff recommended approval. The public hearing opened. The applicant was present. D’Juana Fowler, 5030 Oriole Drive, addressed the Commission. Mrs. Fowler stated that she does not intend to live in the house as stated in the staff report. She also stated that the house will be torn down and does not plan to replace it. No other questions or comments. The public hearing closed. Commissioner Beatty abstained from voting for or against the request. Commissioner Colbert made a motion to approve the request for a Rezoning from RM-H (Residential Multiple Family Dwelling-Highest Density) to GC-MD (General Commercial-Multiple Family Dwelling) as requested for File 2385-Z. Commissioner Makin seconded the motion. Motion to approve carried 5:0. 3) File 2387-P: Request for a Specific Use Permit to allow an apartment complex in a GC-MD (General Commercial-Multiple Family Dwelling-2) District. Applicant: BAH Beaumont Village, L.L.C. Location: The east side of Major Drive approximately 270 feet south of Northwest Parkway. Mr. Boone presented the staff report. BAH Beaumont Village, LLC is requesting a Specific Use Permit to allow a multiple-family dwelling complex located at the east side of Major Drive approximately 270 feet south of Northwest Parkway. Mr. Jeremy Mears of BAH would like to construct a new apartment complex. The new complex will consist of eighty 4 Planning and Zoning June 17, 2019 (80) apartments approximately on five (5) acres. The surrounding zoning consists of mostly RM-H (Residential Multi-Family, High Density) with multi-family complexes to the south and west of the subject property. At some point in the past this property was divided without giving the rear property the required right-of-way frontage. In order to consider development of this subject property, Staff requests that this be corrected in the platting process. Slides of the subject property were shown. Eight (8) notices were mailed to property owners within 200 feet of the subject property. None were received in favor and one was received in opposition. Staff recommended approval with the following conditions: 1. Provide a minimum 10’ wide utility easement for electrical facilities. 2. Construction plans must meet all requirements by the Planning Division regarding landscaping screening and sidewalks. 3. An Amending Plat with required right-of-way frontage for the lot to the east of the subject property must be filed before any permits will be issued. A brief discussion followed regarding property frontage. The applicant was present. Jeremy Mears representing Brownstone, 6517 Maple Ridge, Houston, Texas addressed the Commission. Mr. Mears stated that there is access to the right-of-way frontage. Mr. Boone stated that real property frontage is needed. The public hearing opened. Mr. Boone stated that the third condition will be amended to read “any portion of”. Vice-Chairman Mason made a motion to approve the request for a Specific Use Permit to a multi-family development in a GC-MD-2 (General Commercial-Multiple Family Dwelling-2) as requested for File 2387-P with the following conditions: 1. Provide a minimum 10’ wide utility easement for electrical facilities. 2. Construction plans must meet all requirements by the Planning Division regarding landscaping screening and sidewalks. 3. An Amending Plat with required right-of-way frontage for any portion of the lot to the east of the subject property must be filed before any permits will be issued. Commissioner Colbert seconded the motion. Motion to approve carried 5:1 (Crenshaw). 4) File 2388-Z/P: Request for a Rezoning from RS (Residential Single-Family Dwelling) to GC-MD-2 (General Commercial-Multiple Family Dwelling-2) with a Specific Use Permit to Allow the expansion of a pest control business. Applicant: GuardTech Pest Management, Inc. Location: 6550 Concord Road Mr. Boone presented the staff report. GuardTech Pest Management, Inc. is requesting rezon- ing and a revised Specific Use Permit to allow for the expansion of an existing pest control business on a lot northwest of 6550 Concord Road. The property is currently zoned R-S (Residential Single-Family). Mr. Kenneth Carr of GuardTech, is requesting the rezoning along with the revision to the Specific Use Permit to allow the addition. By rezoning the 5 Planning and Zoning June 17, 2019 subject property, it allows for the expansion of the existing building and additional parking at 6550 Concord Road. The applicant states that there is a privacy fence and landscaping on the subject property that will remain. Slides of the subject property were shown. Eight (8) notices were mailed to property owners within 200 feet of the subject property. None were received in favor or in opposition. Staff recommended approval with the following condition: 1. Construction plans must meet all requirements by the Planning Division regarding landscaping, screening and sidewalks. The applicant was present. Joe Darby, Regional Manager for GuardTech, 1637 Highway 90 Nome, Texas addressed the Commission. Mr. Darby stated that the privacy fence was removed by the owner and will be replaced on the property line. He also stated that landscaping is already present. The public hearing opened. No questions or comments. The public hearing closed. Alternate Commissioner Crenshaw made a motion to approve the request for a Rezoning from R-S (Residential Single Family) to GC-MD-2 (General Commercial-Multiple Family Dwelling-2) with a revised Specific Use Permit for an addition to an existing pest control business with the following condition: 1. Construction plans must meet all requirements by the Planning Division regarding landscaping, screening and sidewalks. Commissioner Makin seconded the motion. Motion to approve carried 6:0. OTHER BUSINESS None. THERE BEING NO OTHER BUSINESS, THE MEETING WAS ADJOURNED AT 4:08 P.M. 6