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HomeMy WebLinkAbout7-15-13 PC Minutes*MINUTES* JOINT PUBLIC HEARINGS PLANNING COMMISSION CITY COUNCIL City Council Chambers July 15, 2013 A Regular Meeting and Joint Public Hearings of the Planning Commission and City Council were held on July 15, 2013 and called to order at 3:00 p.m. with the following members present: Chairman Sina Nejad Vice -Chairman Marty Craig Commissioner Lynda Kay Makin Commissioner Walter Kyles Commissioner Lauren Williams Mason Commissioner Frank Messina Commissioner Shani Daigle Commission Members absent: Commissioner Ransom "Duce" Jones Commissioner Eddie Senigaur Commissioner Clint Walters Commissioner Bill Little Councilmembers present: Mayor Becky Ames Mayor Pro -Tern Gethrel Williams Wright Councilman -at -Large W. L. Pate Councilman Mike Getz Councilman Audwin Samuel Councilman Jamie Smith Councilmembers absent: Councilman Alan Coleman Also present: Bill Cobabe, Senior Planner; Adina Ward, Planner II; Jill Cole, Recording Secretary; Tyrone Cooper, City Attorney; Sharae Bassett, First Assistant City Attorney; Chris Boone, Community Development Director APPROVAL OF MINUTES Commissioner Kyles made a motion to approve the minutes of the Regular Meeting and Joint Public Hearings held June 17, 2013. Commissioner Mason seconded the motion. Motion to approve carried 6:0. REGULAR MEETING 1) Preliminaw Plat — The Meadows, Ph. Two — West: Consider the Preliminary Plat of The Meadows, Phase Two — West; Lots 13-18, Block 19; Lots 1, 2, Block 20; Lots 9-17, BIock 22 out of the A. Huston Survey, Abstract No. 33 Applicant: Schaumburg & Polk, Inc. (Commissioner Craig arrived.) Mr. Cobabe presented the staff report. Schaumburg and Polk, Inc. has applied for preliminary plat approval of The Meadows, Phase II, a 6.4 acre, 18 lot single family residential subdivision located south of Dishman Road, near the intersection of Dishman Road and Keith Road. In September, 2005, the Planning Commission approved a preliminary plat of The Meadows, Phase 1. At that time, a master plat was included for review, indicating the layout and disposition of future development. This phase is the second phase of a much larger, approximately 200 acre development that was approved to have a total of 565 lots. The current proposed Phase has slightly larger lots, meaning a reduction in the number of overall lots — in this case, by two lots. These larger tots will be typical of all future phases, and therefore the number of lots will be reduced from the 565 that were approved in 2005 to approximately 492 lots. This is subject to change and approval as additional phases are developed. Typical lot size will be 75' x 125'. North Sage will be extended to the south and become West Sage. Monarch will be a cul-de-sac, while Chicory Street will be a stub out to provide access to additional phases. Streets will have a 50' wide right-of-way, and a 27' pavement width. All public improvements will be built to city standards. This item was sent to all interested parties. As a condition of approval, the Fire Marshal noted that the corner radii trust be changed from 16' to 20'. Chairman Nejad asked for the applicant's comments. Troy Whitehead with Schaumburg & Polk, Inc., addressed the Commission. Commissioner Makin made a motion to approve the Preliminary Plat of The Meadows, Phase Two -- West with the condition that the corner radii be changed from 16' to 20'. Commissioner Mason seconded the motion. Motion to approve carried 7:0. JOINT PUBLIC HEARINGS Mayor Ames called the Joint Public Hearings of July 15, 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 2174-P: Request for a specific use permit to allow an eating and drinking place to be located in an existing unoccupied building in a GC -MD (General Commercial -Multiple Family Dwelling) District. Location: 7150 Eastex Freeway Applicant: Polo Del Rio, Corporate Mgr., Max & Mac, LLC/Del Rio Properties, LLC (Chairman Ncjad abstained from discussion of File 2174-P.) Mr. Cobabe presented the staff report. Polo Del Rio, representing Del Rio Properties, LLC, is requesting a specific use permit to allow for the use of an existing structure as an eating and drinking place. The subject property is located at 7150 Eastex Freeway. The proposed use is in an established commercial area and the building is currently unoccupied. The proximity to the freeway, hotels, and other venues make this a suitable place to have such an establishment. Since this is an existing building, access to utilities, parking, etc., should not pose any concern. Staff recommended approval of the 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. Vice -Chairman Craig opened the public hearing and asked for the applicant's comments. Davis Powell, architect for the applicant, addressed the Commission. Mary Holyfield, representative from the Holiday Inn, addressed the Commission. Vice -Chairman Craig asked for comments in favor or in opposition. No comments were made. The public hearing was closed. Commissioner Makin made a motion to approve a specific use permit to allow an eating and drinking place to be located in an existing unoccupied building in a GC -MD District at 7150 Eastex Freeway as requested in File 2174-P. Commissioner Daigle seconded the motion. Motion to approve carried 6:0:1 (Nejad). 2) File 2175-ZIP; Request for a zone change from RS (Residential Single Family Dwelling) District to GC -MD (General Commercial -Multiple Family Dwelling) District or more restrictive district, and a specific use permit to for a tree service facility. Location: 6440 Concord Road Applicant: Charles W. Morris Mr. Cobabe presented the staff report. Charles W. Morris is requesting a zone change from RS (Residential Single Family Dwelling) District to GC -MD (General Commercial -Multiple Family Dwelling). The subject property is located on Concord Road which is currently under construction for expansion. The owner has also applied for a specific use permit to allow for a tree service operation. This site is in a transitional area of the City. The property is located to the north and east of Concord. Across the street is a large commercial operation, and the parcel to the south and east of the site was rezoned relatively recently to allow for commercial uses. With the expansion of Concord Road, the trend for properties in the area is going to continue to be towards commercial type uses. Mr. Morris has indicated that he will construct a fence and install landscaping as a buffer to adjacent high -density residential uses in the area, and will construct parking for the site in accordance with Transportation Division requirements. Mr. Morris applied for a zone change in 2000, but was denied by the City Council. Given the continued commercialization of this area, Mr. Morris is making this request again. Staff recommended approval of the request. Eleven 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 Nejad opened the public hearing and asked for the applicant's comments. Charles Morris 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 Makin made a motion to approve a zone change from RS (Residential Single Family Dwelling) District to GC -MD (General Commercial -Multiple Family Dwelling) District and a specific use permit to for a tree service facility at 6440 Concord Road as requested in File 2175-ZIP. Vice -Chairman Craig seconded the motion. Motion to approve carried 7:0. 3) File 2176-P: Request for a specific use permit to allow an office and manager's living area in an RCR (Residential Conservation and Revitalization) District. Location: 1616 Sabine Pass Avenue Applicant: Rosetta Jones, President — Statewide Consolidated Community Development Corporation, Inc. Mr. Cobabe presented the staff report. Rosetta Jones, owner of Statewide Consolidated Community Development Corporation, Inc., is requesting a specific use permit to allow for the use of a portion of an existing structure as an office and a manager's residence. The subject property is located at 1616 Sabine Pass Avenue. The proposed use is in a residential area and the building is currently unoccupied. The applicant requested a specific use permit in 2003, and an additional application was made in 2010. Both specific use permits are currently expired due to the fact that no certificate of occupancy was issued. The applicant has asked for a waiver of the fencing and landscaping buffer requirements. Staff feels that the fencing is an appropriate privacy and security buffer between the proposed use and other properties in the area and is recommending that this remain a condition of approval. The applicant has also requested that the rear structure be utilized as an apartment. However, accessory or garage apartments are a permitted as of right use in this zoning district, so no special permission is necessary. Twenty-five 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 Nejad opened the public hearing and asked for the applicant's comments. Amina Aluqdah addressed the Commission on behalf of Mrs. Jones and answered questions. She stated that they are asking for a waiver of the fence due to the fact that there is only one house that includes storage and one tenant that is planned to rent the garage apartment. Mr. Cooper asked if the specific use permit is to cover the front part of the building as well as the rear. Discussion and clarification between Mr. Cooper and Mr. Cobabe followed. Chairman Nejad asked for comments in favor or in opposition. No comments were made. The public hearing was closed. Commissioner Mason made a motion to approve a specific use permit to allow an office and manager's living area in an RCR (Residential Conservation and Revitalization) District at 1616 Sabine Pass Avenue as requested in File 2176-P with the following conditions: • That an 8' wood screening fence be installed along the side and rear property lines; • That the owner work with the City's Transportation Division to determine adequate parking for the rear apartment and manager's living space; • That, in the future, if any business is to be run out of this Iocation, the applicant must come back before the Commission for a separate use permit. Commissioner Craig seconded the motion. Motion to approve carried 7:0. 4) File 2177-P: Request for a specific use permit to allow construction of a cell tower in a GC - MD (General Commercial -Multiple Family Dwelling) District. Location: 2120 Sabine Pass Avenue Applicant: Cody Cogdill on behalf of Verizon Wireless Mr. Cobabe presented the staff report. Cody Cogdill, on behalf of Verizon Wireless, Inc., is requesting a specific use permit to allow the construction of a cell tower at 2120 Sabine Pass Avenue. The cell tower would have a significant impact on cell service and coverage in the area, including downtown and the port and nearby industrial areas. These areas have heavy usage, particularly with data usage, and this is expected to increase. The proposed lease area for the construction of the cell tower is too close to residentially zoned property. The ordinance states: Cellular telephone transmission towers shall be prohibited within tiro handred (200) feet of a residentially zoned property. The method of rrreasitring 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. (Chapter 28 Section 28.04.008 Special Conditions (h)(24). There is sufficient space on the property to locate the cell tower within the 200' required distance. Staff is recommending that this layout be a condition of approval. Planning staff recommends approval based on the following condition: That the proposed lease property be situated on the site such that it does not come within 200' of the property line of any residential zone. Twenty-two notices were mailed to property owners within 200 feet of the subject property. No responses in favor or in opposition were returned. Chairman Nejad opened the public hearing and asked for the applicant's comments. Cody Cogdill 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 Kyles made a motion to approve a specific use permit to allow construction of a cell tower in a GC -MD (General Commercial -Multiple Family Dwelling) District at 2120 Sabine Pass Avenue as requested in File 2177-P, subject to the following condition: • That the proposed lease property be situated on the site such that it does not come within 200' of the property line of any residential zone. Commissioner Makin seconded the motion. Motion to approve carried 7:0. OTHER BUSINESS THERE BEING NO OTHER BUSINESS THE MEETING WAS ADJOURNED AT 3:57 P.M. ABSTENSITION AFFIDAVIT THE STATE OF TEXAS § CO OF JEFFERSON § I,g-a , as a member of the �* (City Council, commission, or board) make&s affidavit and hereby on oath state the following: I, and/or a person or persons related to me, have a substantial interest in a business entity that would be peculiars affected by a vote or decision of the (City Council, commission, or board) as those terms are defined in V.T.C.A•, Loc Government Code, §171.002. The business entity is: (Name) (Address) 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 feast $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 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 r 20, f 3 `yam r Signa a of Offic} � Title BEFORE ME, the undersigned authority, on this day personally appeared L 1. l It/ and anoath stated that the facts hereinabove stated are true to the best of his r knowledge or elief. SWORN to and subscribed before me on this ��day of JILT. C4Lf Notary Public ip• d for the State of Texas a My commission Expires August 6. 2016