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HomeMy WebLinkAbout4-17-17 PC Minutes * M I N U T E S * REGULAR MEETING JOINT PUBLIC HEARINGS PLANNING COMMISSION CITY COUNCIL City Council Chambers April 17, 2017 A Joint Public Hearing of the Planning Commission and City Council was held on April 17, 2017 and called to order at 3:26 p.m. with the following members present: Commission Members present: Vice-Chairman Marty Craig Commissioner Lynda Kay Makin Commissioner J.P. Colbert Commissioner Ava Graves Commissioner Sherrene Cook Commissioner Bill Little Commissioner Johnny Beatty Alt. Commissioner Lauren Williams-Mason Commission Members absent: Chairman Sina Nejad Commissioner Eddie Senigaur Alt. Commissioner Frank Messina Alt. Commissioner Clint Walters Councilmembers present: Councilmember Audwin Samuel Councilmember Claude F. Guidroz Councilmember Mike Getz Councilmember W.L. Pate Councilmembers absent: Mayor Becky Ames Mayor Pro-Tem Robin Mouton Councilmember Gethrel Williams-Wright Also present: Raymond Rowzee, Planner I Tyrone Cooper, City Attorney Fran Malvo, Recording Secretary APPROVAL OF MINUTES Commissioner Mason made a motion to approve the minutes of the Regular meeting held on April 17, 2017. Commissioner Makin seconded the motion. Motion to approve carried 8:0. 1 Planning and Zoning April 17, 2017 REGULAR MEETING No Regular Meeting was held. JOINT PUBLIC HEARINGS Councilman Samuel called the Joint Public Hearings of April 17, 2017 to order and explained the purpose of the Joint Public Hearing process and then turned the meeting over to Vice-Chairman Craig. Vice-Chairman Craig explained the policies and procedures for the hearing process. 1) File 2283-P: Consider a request for a Specific Use Permit to allow a cellular communications site in a GC-MD (General Commercial Multiple-Family Dwelling-2) District. Applicant: Eco-Site Location: 3410 Concord Road Mr. Rowzee presented the staff report. Eco-Site is requesting a Specific Use Permit to allow the applicant to construct a cellular communications site including a 100 ft. tower, located on a 0.07 acre lease site, at 3410 Concord Road, within 130 ft. to the nearest Residential District. Ordinance Sec. 28.04.008(b)(24) states, “Cellular telephone transmission towers shall be prohibited within two hundred (200) feet of a residentially zoned property. The method of measuring the distance between the cellular telephone transmission tower and the residential zoning district shall be from the nearest lease or property line of the cellular telephone transmission tower facility to the nearest residential district boundary.” The site plan does not show landscaping and screening or dedicated parking for the lease site as required by ordinance. Slides of the subject property were shown. Twenty-nine (29) notices were mailed to property owners within 200 feet of the subject property. No notices were received in favor or in opposition. Staff recommended approval with the following conditions: 1. Variance is granted by the Board of Adjustments to the prohibition of Cellular telephone transmission towers within two hundred (200) feet of a residentially zoned property. 2. Meet landscaping & screening requirements per Ordinance. 3. Provide off-street parking within lease area to meet City requirements. Mr. Jamie Miller, 3515 Velasco Court, Missouri City, TX representing Eco-Site addressed the Commission. Mr. Miller stated that there is a greater need for more towers due to households eliminating land lines. No questions or comments. The public hearing closed. Commissioner Little made a motion to approve the request for a Specific Use Permit to allow a cellular 2 Planning and Zoning April 17, 2017 communications site in a GC-MD (General Commercial Multiple-Family Dwelling-2) District as requested for File 2283-P with the following conditions: 1. Variance is granted by the Board of Adjustments to the prohibition of Cellular telephone transmission towers within two hundred (200) feet of a residentially zoned property. 2. Meet landscaping & screening requirements per Ordinance. 3. Provide off-street parking within lease area to meet City requirements. Commissioner Mason seconded the motion. Motion to approve carried 8:0. 2) File 2286-P: A request for a Specific Use Permit to a deli and gaming room within a convenience store in an NC (Neighborhood Commercial) District. Applicant: Iqbal Tanveer Location: 4490 Bob Street Mr. Rowzee presented the staff report. Iqbal Tanveer has asked to open a Deli and game room inside the existing convenience store located at 4490 Bob Street. The store is located at the southeast corner of the property located between Bob, Raven and West Virginia Streets, and is surrounded by residential single family properties. The property was rezoned from RS (Residential Single Family Dwelling) to NC (Neighborhood Commercial) District in November of 2003. At that time, the owner requested a rezoning to NC to accommodate the existing convenience store and a barber shop, but not a Deli. Given that a Deli would require an SUP in an NC zone, the request for the existing Deli is being made along with the proposed game room. With regard to the proposed request, there is concern over the proposed parking. First, although it is difficult to determine as dimensions are not shown on the proposed site plan, the parking appears to be non-conforming as the arrangement of the parking stalls result in vehicles backing directly in to the narrow Bob street, a street with sixty (60) feet of right-of-way. The Ordinance states, "Any existing building or use that is enlarged, structurally altered, or remodeled to the extent, in the judgment of the planning director and building official, of increasing or changing the use by more than fifty (50) percent as it existed at the effective date of this chapter shall be accompanied by off-street parking for the entire building or use in accordance with the off-street parking regulations set forth in this section. When the enlargement, structural alteration, or remodeling is to the extent that the use is not increased or changed by more than fifty (50) percent, additional off-street parking shall only be required for the increased or changed floor area or use." Given this requirement of the ordinance, the use has changed from a convenience store to a convenience store and barber shop, a convenience store and Deli and now proposed is a convenience store, Deli and a gaming site. Given this degree of use change, the parking should be brought into full compliance with the ordinance. With the resubmittal of the site plan 3 Planning and Zoning April 17, 2017 showing additional parking and updated letter stipulating a maximum of five (5) “eight-liner machines”, Engineering has conditionally approved the parking plan. Of greater concern is the proposed use. While the convenience store and Deli would be compatible with the single-family homes that are immediately surrounding the property on the north, south, east and west, the gaming site would not. Even though the application is asking to only have five (5) “eight-liner machines”, with this number, the character of the use changes from an accessory use nature that a convenience store might have with one or two machines to a primary use of a game room. In this case, it is important to look closely at the NC-Neighborhood Commercial zoning description which calls for “…sale of convenience goods or personal services primarily for persons residing in adjacent residential areas…”. Based on this, the proposed convenience store and Deli would be compatible, while the game room would not. Thirty-one (31) notices were mailed to property owners within 200 feet of the subject property. Two (2) responses were received in favor one response was received in opposition. Staff recommended denial of the gaming room, and approval of the Deli with the following condition: 1. All parking areas must be paved and striped per City Ordinance. Slides of the subject property were shown. The Land Lord, Mohammed Ahmed, 4720 Beale, addressed the Commission. No questions or comments. The public hearing closed. Commissioner Mason made a motion to approve the request for a Specific Use Permit to allow a deli within a convenience store in an NC (Neighborhood Commercial) District and deny the gaming room as requested for File 2286-P with the following condition: 1. All parking areas must be paved and striped per City Ordinance. Commissioner Cook seconded the motion. Motion to approve the deli carried 8:0. Motion to deny the gaming room carried 8:0. 3) File 2290-P: A request for a Specific Use Permit to allow a conference center in an RM-H (Residential Multiple-Family Dwelling-Highest Density) District. Applicant: The Oaks of Beaumont Location: 4195 Milam Street Mr. Rowzee presented the staff report. The Oaks at Beaumont is requesting a Specific Use Permit to allow the existing Chapel to be used as a Conference Center at 4195 Milam. The structure was originally built circa 1971 and was used primarily as a chapel and multi-purpose center. The structure has been recently refurbished and is, once again, functional. However, the applicant would like the ability to make the venue available to the community as a place to hold small gatherings for a minimal cost. 4 Planning and Zoning April 17, 2017 Ten (10) notices were mailed to property owners within 200 feet of the subject property. No responses were received in favor or in opposition. Staff recommended approval with the following condition: 1. Install an 8’ privacy fence and 10’ landscaped buffer be installed at such time neighboring properties are developed. Slides were shown of the subject property. The applicant, Laura Winegeart, a representative of the The Oaks of Beaumont, 4195 Milam, addressed the Commission. Ms. Winegeart stated that they would like to serve the community by forming a conference center to host small events such as baby showers. No alcohol will be allowed. No questions or comments. The public hearing closed. Commissioner Mason made a motion to approve a request for a Specific Use Permit to allow a conference center in an RM-H (Residential Multiple-Family Dwelling-Highest Density) District as requested for File 2290-P with the following condition: 1. Install an 8’ privacy fence and 10’ landscaped buffer be installed at such time neighboring properties are developed. Commissioner Little seconded the motion. Motion to approve carried 8:0. 4) File 2291-P: A request for a Specific Use Permit to allow a Veterinary clinic in a GC-MD-2 (General Commercial Multiple-Family Dwelling-2) District. Applicant: Sam Parigi Location: The northwest corner of Delaware Street and Valmont Avenue Mr. Rowzee presented the staff report. Sam Parigi is requesting a Specific Use Permit to allow a veterinary clinic to be constructed and operated at the northwest corner of Delaware Street and Valmont Avenue. The proposed 6093 sq. ft. structure will provide health care services and boarding for small animals only. Thirty- seven (37) parking spaces and two (2) handicapped accessible spaces will be provided. Landscaping and irrigation will be provided per ordinance. Note: There is a concern about dog noise disturbing the neighbors to the north. It is recommended that the north side of the dog yards be screened with a masonry wall. Staff recommended approval of the request with the following conditions: 1. Construct a 6’ wide landscaping for perimeter of parking lot to meet City requirements along Delaware Street and Valmont Avenue. 2. Construct a sidewalk along Valmont Avenue. 5 Planning and Zoning April 17, 2017 3. See note. Five (5) notices were mailed to property owners within 200 feet of the subject property. Two responses were received in favor and none were received in opposition. Slides of the subject property were shown. th A brief discussion followed. The applicant, Sam Parigi, 445 N. 14 Street addressed the Commission. Mr. Parigi stated that another commercial project is underway at Delaware and Dowlen Streets and he did not think that the animals would be heard. All pets would be kept inside. Mr. Parigi agreed to the 8 foot wooden privacy fence. No further discussion. The public hearing closed. Commissioner Makin made a motion to approve a request for a Specific Use Permit to allow a Veterinary clinic in a GC-MD-2 (General Commercial Multiple-Family Dwelling-2) District as requested for File 2291-P with the following conditions: 1. Construct a 6’ wide landscaping for perimeter of parking lot to meet City requirements along Delaware Street and Valmont Avenue 2. Construct a sidewalk along Valmont Avenue 3. Construct an 8’ wide wooden fence to screen dog yards. Commissioner Little seconded the motion. Motion to approve carried 8:0. 5) File 2293-Z/P: A request for rezoning from (Residential Single –Family) District to GC-MD- 2 (General Commercial-Multiple Family Dwelling-2) District and a Specific Use Permit to allow for pet grooming/boarding and horse boarding. Applicant: Joey and Jill Livesay Location: 645 & 685 Pinchback Road Mr. Rowzee presented the staff report. Joey and Jill Livesay are requesting a to rezone from R-S (Residential Single-Family Dwelling) District to GC-MD2 (General Commercial Multiple-Family Dwelling – 2) District and a Specific Use Permit to allow a pet groomer/boarder/horse boarding at 645 & 685 Pinchback Road. Using the existing structures the Livesays propose to board up to 20 dogs and eventually 8 horses. Thirteen parking spaces, including one handicap accessible space, will be provided. A gravel drive to the rear of the property will provide access for horse trailers. Landscaping will be provided for the parking lot screening. Note: There is a noise concern from barking dogs disturbing the northern neighbors, so a masonry wall is recommended on the north side of all dog runs and yards. Thirteen (13) notices were mailed to property owners within 200 feet of the subject property. No responses were received in favor or in opposition. 6 Planning and Zoning April 17, 2017 Staff recommended approval with the following conditions: 1. Comply with all animal control requirements for horses. 2. Driveway must to be concrete. 3. Construct a 6’ wide landscape buffer for parking lot along Pinchback Road. 4. See Note. Slides of the subject property were shown. The applicants, Joey and Jill Livesay, 645 & 685 Pinchback, addressed the Commission. A brief discussion followed. Mr. Cooper stated that if the noise posed a factor, in the near future the applicants can present it to the Commission again to add additional conditions. No further discussion. The public hearing closed. Commissioner Little made a motion to approve a request for rezoning from RS (Residential Single-Family) District to GC-MD-2 (General Commercial- Multiple Family Dwelling-2) District and a Specific Use Permit to allow for pet grooming/boarding and horse boarding as requested for File 2293-Z/P with the following conditions: 1. Comply with all animal control requirements for horses. 2. Driveway must to be concrete. 3. Construct a 6’ wide landscape buffer for parking lot along Pinchback Road. Commissioner Colbert seconded the motion. Motion to approve carried 8:0. 6) File 2295-P: Consider a request for a Specific Use Permit to allow a home-based child- care/preschool facility in an R-S (Residential Single-Family) District. Applicant: Chanetta Antoinette Dickerson Location: 6925 Griffing Road Mr. Rowzee presented the staff report. Chanetta Antoinette Dickerson is requesting a Specific Use Permit to allow a home-based child care/preschool facility at 6925 Griffing Road. Six (6) to twelve (12) preschool children (ages 3 – 5) will be cared for from 6:30 AM to 5:00 PM, Monday through Friday. Ms. Dickerson states that three (3) meals will be provided daily. The Preschool will follow the Little Leaders Learning Ladder Pre-Kinder Academy Program. A Landscaping and Screening waiver has been requested by the applicant, to maintain the single-family home appearance of the property. The rear yard is currently fenced. Six (6) notices were mailed to property owners within 200 feet of the subject property. No responses were received in favor or in opposition. 7 Planning and Zoning April 17, 2017 Staff recommended approval with the following conditions and waiver to landscaping and screening. 1. Provide for four (4) parking spaces including one (1) ADA parking space and delineate (stripe with paint). 2. Contact the City Quality Control Division regarding any additional water quality and/or sewer discharge requirements. 3. Comply with all requirements and inspections required by the State of Texas. Slides of the subject property were shown. The applicant, Chanetta Dickerson, 6925 Griffing Road addressed the Commission. A brief discussion followed. Mrs. Dickerson stated that she is working with a caseworker from Texas Family Protection and Services to ensure she is in compliance. No further discussion. The public hearing closed. Commissioner Mason made a motion to approve the request for a Specific Use Permit to allow a home-based child-care/preschool facility in an R-S (Residential Single-Family) District as requested for File 2295-P with the following conditions: 1. Provide for four (4) parking spaces including one (1) ADA parking space and delineate (stripe with paint). 2. Contact the City Quality Control Division regarding any additional water quality and/or sewer discharge requirements. 3. Comply with all requirements and inspections required by the State of Texas. Commissioner Makin seconded the motion. Motion to approve carried 8:0. 7) File 870-OB: Consider a request to abandon the 10 foot waterline easement, as described Jefferson County Clerk’s File No. 2005000584. Applicant: Tom Rowe-Mark Whiteley and Associates, Inc. Location: East and south sides of Howell Furniture at 6095 Folsom Drive The Applicant wants to abandon the 10 ft. waterline easement, as described in Jefferson County Clerk’s File No. 2005000584. A new easement as described in Clerk’s File No. 2017004504 has been granted to the City, with the new waterline installed. The easement is located along the east and south sides of Howell Furniture at 6095 Folsom Drive. This item was sent to all interested parties. The applicant, Tom Rowe, representing Mark Whiteley & Associates addressed the Commission. th A brief discussion followed. Sam Parigi, 445 N. 14 Street addressed the Commission. A brief discussion followed. No further discussion. The public hearing closed. Commissioner Mason made a motion to approve a request to abandon the 10 foot waterline easement as described for Jefferson County Clerk’s File No. 2005000584 as requested for File 870-OB. Commissioner Makin seconded the motion. Motion to approve carried 8:0. 8 Planning and Zoning April 17, 2017 OTHER BUSINESS THERE BEING NO OTHER BUSINESS, THE MEETING WAS ADJOURNED AT 4:18 P.M. 9