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HomeMy WebLinkAbout3-19-12 PC Minutes M I N U T E S REGULAR MEETING JOINT PUBLIC HEARINGS PLANNING COMMISSION CITY COUNCIL City Council Chambers March 19, 2012 A Regular Meeting and Joint Public Hearings were held on March 19, 2012 with the following members present: Commission members present: Chairman Sina Nejad Vice Chairman Marty Craig Commissioner Patrick Gibbs Commissioner Walter Kyles Commissioner Lauren Williams Mason Commissioner Bill Little Commission members absent: Commissioner Lynda Kay Makin Commissioner Glenn Bodwin Commissioner Steven Johnson Commissioner Eddie Senigaur Commissioner Clint Walters Commissioner Frank Messina Councilmembers present: Mayor Becky Ames Councilman-at-Large W. L. Pate Councilmember Alan Coleman Councilman Mike Getz Councilmembers absent: Mayor Pro-Tem Jamie D. Smith Councilmember-at-Large Gethrel Williams-Wright Councilman Audwin Samuel Also present: Steve Richardson, Planning Manager; Jill Cole, Recording Secretary; Adina Ward, Planner; Tyrone Cooper, City Attorney; Chris Boone, Community Development Director APPROVAL OF MINUTES Commissioner Craig made a motion to approve the minutes of the Regular Meeting and Joint Public Hearings held February 20, 2012. Commissioner Mason seconded the motion. Motion to approve carried 6:0. Planning Commission March 19, 2012 REGULAR MEETING 1) File 800-OB: Consider the abandonment of the alley in Block 5, Calder Addition. Location: 900 Calder Applicant: First Baptist Church Mr. Richardson presented the staff report. The subject request is for the abandonment of a 20' x 203' portion of an alley in Block 5, Calder Addition. Reverend Mark Adams, pastor of First Baptist Church, states that the alley is currently part of the parking lot for the church. The request was sent to all interested parties. An 8" sanitary sewer line is located in the alley, but after the staff report was written, it was discovered that the sewer line is going private so there is no need for an easement. In addition, Entergy has a underground electrical line located in an already dedicated easement. Neither party objected. Mr. Richardson recommended approval of the request. Chairman Nejad opened the public hearing and asked for comments. No comments were made. The public hearing was closed. Commissioner Craig made a motion to approve the abandonment of the alley in Block 5, Calder Addition at 900 Calder as requested in File 800-OB. Commissioner Mason seconded the motion. Motion to approve carried 6:0. 2) File 801-OB: Consider the abandonment of a 20' wide alley in Block 9, Calder Addition, between Lot 1, 2, 11 and 12. Applicant: James E. Clark, Jr. Mr. Richardson presented the staff report. James Clark, representing Beaumont Events, LLC, states that his company owns four lots backing up to the alley. It is the intent of the company to build a commercial building on the two lots fronting Calder and parking lots and/or other facilities on the two lots fronting Broadway. This item was sent to all interested parties. An 8" sanitary sewer line, 2 Planning Commission March 19, 2012 telephone and electrical lines are located in the alley. The sewer line is going private but the other utilities will remain unless moved at the applicant=s expense. Mr. Richardson recommended approval subject to the following condition:  Retain the abandoned alley as a general utility easement. Chairman Nejad opened the public hearing and asked for the applicant=s comments. Kathy Bachelot addressed the Commission on behalf of Mr. Clark. 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 the abandonment of a 20' wide alley in Block 9, Calder Addition, between Lot 1, 2, 11 and 12 as requested in File 801-OB, subject to the following condition:  Retain the abandoned alley as a general utility easement. Commissioner Kyles seconded the motion. Motion to approve carried 6:0. 3) File 802-OB: Consider the abandonment of the alley in Block 69, Van Wormer Addition. Applicant: Benny Mendoza Mr. Richardson presented the staff report. The subject request is for the abandonment of a 20' x 180' portion of an alley in Block 69, Van Wormer Addition. Benny Mendoza owns the property on either side of the alley. Mr. Mendoza built a building and concrete slab that are used for social events. The northwest corner of the slab extends into the alley. Mr. Richardson recommended to Mr. Mendoza that he apply for an abandonment to correct the encroachment. The item was sent to all interested parties. No negative responses have been received. 3 Planning Commission March 19, 2012 Mr. Richardson recommended approval of the request. Chairman Nejad asked for the applicant=s comments. Mike Lindsay addressed the Commission on behalf of Mr. Mendoza. Chairman Nejad asked for comments in favor or in opposition. No comments were made. The public hearing was closed. Commissioner Craig made a motion to approve the abandonment of the alley in Block 69, Van Wormer Addition as requested in File 802-OB. Commissioner Kyles seconded the motion. Motion to approve carried 6:0. JOINT PUBLIC HEARINGS Mayor Ames called the Joint Public Hearings of March 19, 2012 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. 4) File 2127-Z: Request to remove the HC-L (Historic Cultural-Landmark Preservation Designation). Location: 1315 Calder Applicant: James Clark Mr. Richardson presented the staff report. This item is a request to remove the HC-L Designation from the property located at 1315 Calder. In February, 2008, City Council approved an HC-L Designation on the Polk house. The house was later demolished. However, the designation is still on the property. James Clark has bought the property and is requesting that the historic designation be removed. It is the intent of Mr. Clark to build a commercial building on the property that will be used for event planning and for the hosting of receptions. 4 Planning Commission March 19, 2012 Mr. Richardson recommended approval of the request. The item was approved by the Historic Landmark Commission on March 12, 2012. Twelve notices were mailed to property owners within 200 feet. No responses in opposition and two in favor were returned. Slides of the subject property were shown. Chairman Nejad opened the public hearing and asked for the applicant=s comments. Kathy Bachelot addressed the Commission on behalf of Mr. Clark. Chairman Nejad asked for comments in favor or in opposition. No comments were made. The public hearing was closed. Commissioner Gibbs made a motion to approve a request to remove the HC-L (Historic Cultural-Landmark Preservation Designation) at 1315 Calder as requested in File 2127-Z. Commissioner Mason seconded the motion. Motion to approve carried 6:0. OTHER BUSINESS Workshop: Request for an amendment to the Zoning Ordinance, Section 28.03.024 (c), District Area and Height Regulations, Area and Height Exceptions, to clarify rear and side setbacks for five (5) sided lots. Mr. Richardson stated that he and Commissioner Little have been having discussions on how to interpret side and rear yards on odd-shaped lots. In addition, we discussed how accessory buildings might be placed in those rear yards. The Zoning Ordinance states that a 25' rear yard setback is required in a residential district. However, the 25' may be reduced to 15' provided no accessory buildings of any type shall be located in the reduced rear yard. 5 Planning Commission March 19, 2012 In addition, the Zoning Ordinance allows an accessory building to be placed within 2 2' of the side and rear property line provided the accessory building does not cover more than 60% of the rear yard. We wanted to present a suggested revision to the Zoning Ordinance that would allow an accessory building when the main structure is only 15' from the rear property line under the following conditions:  The width of that portion of the main structure which is less than 25' from the rear property line shall not exceed 50% of the width of the rear property line  The accessory building shall not be located in the space behind the main structure that is less than 25' from the rear property line. This would allow such things as pool houses or gazebos to be built in rear yards when the main structure is 15' from the rear property line. Commissioner Little and I have been having discussions on how to interpret side and rear yards on odd-shaped lots. In addition, we discussed how accessory buildings might be placed in those rear yards. Discussion followed and Mr. Cooper suggested that (2) read A the accessory building is not located in the space behind that portion of the structure that is less than twenty-five (25) feet from the rear property line. THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED AT 3:44 P. M. 6