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HomeMy WebLinkAbout3-18-13 PC Minutes M I N U T E S JOINT PUBLIC HEARINGS PLANNING COMMISSION CITY COUNCIL City Council Chambers March 18, 2013 Joint Public Hearings were held on March 18, 2013 with the following members present: Commission members present: Chairman Sina Nejad Commissioner Ransom Jones Commissioner Glenn Bodwin Commissioner Walter Kyles Commissioner Lauren Williams Mason Commissioner Eddie Senigaur Commissioner Clint Walters Commissioner Frank Messina Commissioner Bill Little Commission members absent: Vice Chairman Marty Craig Commissioner Lynda Kay Makin Commissioner Steven Johnson Councilmembers present: Mayor Becky Ames Mayor Pro-Tem Alan Coleman Councilman-at-Large W. L. Pate Councilman Mike Getz Councilman Audwin Samuel Councilmembers absent: Councilmember-at-Large Gethrel Williams-Wright Councilman Jamie D. Smith Also present: Steve Richardson, Planning Manager; Jill Cole, Recording Secretary; Adina Ward, Planner II; Tyrone Cooper, City Attorney; Chris Boone, Community Development Director; Bill Cobabe, Senior Planner APPROVAL OF MINUTES Commissioner Kyles made a motion to approve the minutes of the Regular Meeting and Joint Public Hearings held February 18, 2013. Commissioner Walters seconded the motion. Motion to approve carried 9:0. Planning Commission March 18, 2013 JOINT PUBLIC HEARINGS Mayor Ames called the Joint Public Hearings of March 18, 2013 to order and explained the purpose of the joint hearing process and then turned the meeting over to Chairman Nejad. Chairman Nejad explained the policies and procedures for the hearing process. 1) File 2161-P: Request for a specific use permit to allow a tutorial service in an RM-H (Residential Multiple Family Dwelling-Highest Density) District. Location: 1450 Wellington Circle Applicant: Janice Brassard Mr. Richardson presented the staff report. Last month City Council approved an amendment to the Zoning Ordinance to allow tutoring services in the RM-H District with a specific use permit. This month, Janice Brassard, owner of Miz B=s Tutorials, has applied for a specific use permit so that she can move her business into a building that she currently owns. The business helps students K-12 in various subjects and with standardized test preparation. The business also provides supervision of home schooled children. Home school supervision takes place Monday - Thursday from 9 until noon. Tutoring sessions are held from 4 p.m. to 9 p.m., Monday - Thursday. Mr. Richardson recommended approval subject to the following condition: That the owner provide or modify an existing parking space for ADA compliance. Nineteen notices were mailed to property owners within 200 feet. No responses in favor and one in opposition was returned. Slides of the subject property were shown. Included in the packet is a letter from the Dowlen Plaza Property Owner=s Association stating that they are in agreement with Ms. Brassard=s request. Chairman Nejad asked for the applicant=s comments. Janice Brassard, the applicant, addressed the Commission. 2 Planning Commission March 18, 2013 Chairman Nejad 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 tutorial service in an RM-H District at 1450 Wellington Circle as requested in File 2161-P subject to the following condition:  That the owner provide or modify an existing parking space for ADA compliance. Commissioner Mason seconded the motion. Motion to approve carried 9:0. 2) File 2162-P: Request for a specific use permit to allow a children=s quarters in an RS (Residential Single Family Dwelling) District. Location: 2525 Rusk Applicant: Justino Jaimes Mr. Richardson presented the staff report. Justino Jaimes, the property owner, constructed an accessory structure in his back yard without a building permit or certificate of appropriateness. The 624 sq. ft. structure includes two bedrooms, a bathroom, a living area and laundry facilities. Mr. Jaimes states that his existing home is not big enough with three children and only two bedrooms and one bath. Also, his mother frequently visits from Austin thereby creating even more crowding. When Mr. Jaimes came in to visit with staff, it was pointed out that the accessory structure extends over the rear property line and into the City-owned 20' wide alley to the rear of the property. The encroachment into the alley is over 7'. This makes it necessary for the owner to obtain a variance to the rear yard setback and a license to encroach into the City=s right-of-way. Mr. Richardson recommended approval subject to the following conditions:  That the owner obtain a variance to the minimum rear yard building setback requirement.  That the owner obtain a license-to-encroach permit.  The property owner shall file a deed restriction that the children=s quarters shall be use for housing family members only and shall not be rented. 3 Planning Commission March 18, 2013 Thirty 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 Nejad opened the public hearing and asked for the applicant=s comments. Justino Jaimes addressed the Commission and answered questions. Chairman Nejad asked for comments in favor or in opposition. No comments were made. The public hearing was closed. Commissioner Senigaur made a motion to approve a specific use permit to allow a children=s quarters in an RS District at 2525 Rusk as requested in File 2162-P, subject to the following conditions:  That the owner obtain a variance to the minimum rear yard building setback requirement.  That the owner obtain a license-to-encroach permit.  The property owner shall file a deed restriction that the children=s quarters shall be use for housing family members only and shall not be rented. Commissioner Jones seconded the motion. Motion to approve carried 9:0. 3) File 2163-P: Request for a specific use permit to allow a bank in a GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District. Location: 3625 Dowlen Road Applicant: Orange Savings Bank Mr. Richardson presented the staff report. Orange Savings Bank has plans to construct a 5,000 sq. ft. bank building on the subject property. At some time in the future, the bank may add an additional 2,000 square feet. Since the property abuts RS zoning to the south, an 8' tall screening fence and 10' wide landscape strip will be required. In addition, since the property is located within the Major/Dowlen Sign Overlay District, the detached owner identification sign must be a monument sign and cannot exceed 70 sq. ft. in area. 4 Planning Commission March 18, 2013 Mr. Richardson recommended approval subject to the following conditions:  In addition to the fence, provide a 10' wide landscape strip along the south property line. Trees shall be planted every 25'.  The detached owner identification sign shall not exceed 6' in height and 70 sq. ft. in area. Fourteen 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 Nejad opened the public hearing and asked for the applicant=s comments. Steven Lee, CEO and President of Orange Savings Bank, addressed the Commission. Chairman Nejad asked for comments in favor or in opposition. No comments were made. The public hearing was closed. Commissioner Little made a motion to approve a specific use permit to allow a bank in a GC-MD-2 District at 3625 Dowlen Road as requested in File 2163-P subject to the following conditions:  In addition to the fence, provide a 10' wide landscape strip along the south property line. Trees shall be planted every 25'.  The detached owner identification sign shall not exceed 6' in height and 70 sq. ft. in area. Commissioner Senigaur seconded the motion. Motion to approve carried 9:0. 4) File 2164-P: Request for a specific use permit to allow a drinking place in a GC-MD (General Commercial-Multiple Family Dwelling) District. Location: 2898 Fannett Road Applicant: Tasha Marshall Commissioner Kyles abstained from participation in File 2164-P. Mr. Richardson presented the staff report. Tasha Marshall and James 5 Planning Commission March 18, 2013 Chevis would like to operate a night club in an existing commercial building. Wine and beer would be served. The applicants state that the club will provide a place for adults to gather and play music and indoor games like pool and dominoes. The business will employ two people initially. Since parking is an issue around the actual building, additional parking will be accommodated on existing lots adjacent to and across from the street from the building. The applicants have supplied written permission from the owner of the parking lots indicating that the use of his parking lots is acceptable. Mr. Richardson recommended approval subject to the following condition: 1. Access to parking areas must comply with Transportation requirements as outlined below: 1. Front parking spaces may only be utilized for ADA parking. 2. For Transportation to accept the use of parking from neighboring businesses, the applicant must either A) Demonstrate that both businesses will not be operating while the applicant is operating; or B) Demonstrate that both businesses have sufficient parking for their operations and extra parking sufficient for the applicant=s operations. 3. If Item 2 cannot be met, the applicant must submit plans for a new parking lot located on site or within 400' that meets the requirements for parking group #26 in the City=s Code of Ordinances. 4. If adjacent parking facilities are utilized, the developer must provide pedestrian facilities that prove safe access to the property. Forty-five notices were mailed to property owners within 200 feet. No responses in favor or in opposition were returned. Slides of the property were shown. Chairman Nejad opened the public hearing and asked for the applicant's comments. 6 Planning Commission March 18, 2013 James Chevis, one of the applicants, addressed the Commission. Chairman Nejad asked for comments in favor or in opposition. No comments were made. The public hearing was closed. Commissioner Jones made a motion to approve a specific use permit to allow a drinking place in a GC-MD District at 2898 Fannett Road as requested in File 2164-P subject to the following condition: Access to parking areas must comply with Transportation requirements as outlined below: 1. Front parking spaces may only be utilized for ADA parking. 2. For Transportation to accept the use of parking from neighboring businesses, the applicant must either Demonstrate that both businesses will not be operating while the applicant is operating; or Demonstrate that both businesses have sufficient parking for their operations and extra parking sufficient for the applicant=s operations. If Item 2 cannot be met, the applicant must submit plans for a new parking lot located on site or within 400' that meets the requirements for parking group #26 in the City=s Code of Ordinances. If adjacent parking facilities are utilized, the developer must provide pedestrian facilities that prove safe access to the property. Commissioner Bodwin seconded the motion. Motion to approve carried 8:0:1 (Kyles). OTHER BUSINESS THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED AT 4:03 P.M. 7