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HomeMy WebLinkAbout6-20-11 PC Minutes M I N U T E S REGULAR MEETING JOINT PUBLIC HEARINGS PLANNING COMMISSION CITY COUNCIL City Council Chambers June 20, 2011 A Regular Meeting and Joint Public Hearings were held on June 20, 2011 with the following members present: Commission members present: Chairman Lynda Kay Makin Vice Chairman Patrick Gibbs Commissioner Glenn Bodwin Commissioner Sina Nejad Commissioner Marty Craig Commissioner Walter Kyles Commissioner Lauren Williams Mason Commission members absent: Commissioner Steven Johnson Commissioner Eddie Senigaur Commissioner Clint Walters Commissioner Frank Messina Councilmembers present: Mayor Becky Ames Mayor Pro-Tem W. L. Pate Councilmember-at-Large Gethrel Williams-Wright Councilman Audwin Samuel Councilman Jamie Smith Councilmembers absent: Councilmember Alan Coleman Also present: Chris Boone, Community Development Director; Jill Cole, Recording Secretary; Adina Ward, Planner; Tyrone Cooper, City Attorney APPROVAL OF MINUTES Commissioner Craig made a motion to approve the minutes of the Joint Public Hearings held May 16, 2011 with the correction that Commissioner Nejad be shown as present once. Commissioner Bodwin seconded the motion. Motion to approve carried 6:0. REGULAR MEETING Planning Commission June 20, 2011 1) Replat - Lots 1-3, Chinmaya Shripati Temple Complex Addition: Request for a replat of the remainder of Lots 12 and 13 and a portion of Lot 11, Wescalder Fig Acres Addition into Lots 1-3, Chinmaya Shripati Temple Complex Addition. Location: 1580-1620 S. Major Drive Applicant: Fittz & Shipman, Inc. Mr. Boone presented the staff report. The Temple would like to replat its property on S. Major into three lots. The Temple will occupy Lot 1 and the two smaller lots will be sold for future development. This item was sent to all interested parties. No negative responses have been received. Staff recommended approval of the request. Twenty-two notices were mailed to property owners within 200 feet. No responses in favor or in opposition were returned. Chairman Makin opened the public hearing and asked for the applicant=s comments. Don King with Fittz & Shipman, Inc., the applicant, addressed the Commission. Chairman Makin 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 replat of the remainder of Lots 12 and 13 and a portion of Lot 11, Wescalder Fig Acres Addition into Lots 1-3, Chinmaya Shripati Temple Complex Addition at 1580-1620 S. Major Drive as requested. Commissioner Mason seconded the motion. Motion to approve carried 6:0. 2) Preliminary Plat - Westchase Village, Section Ten: Consider the Preliminary Plat of Westchase Village, Section Ten; Phase 1, Block 9, Lots 7, 8 and 9; Block 1, 2 and 3; Phase 2, Block 9, Lots 10, 11, 19 and 20, Block 13, Lots 4-20 Applicant: Fittz & Shipman, Inc. 2 Planning Commission June 20, 2011 Mr. Boone presented the staff report. The request is for a preliminary plat of Westchase Village, Section Ten, Phases I and II. The 10.64 acre subdivision will consist of 27 single family lots. Phase I will consist of 6 lots and Phase II will consist of 21 lots. The plat was sent to all interested parties. No negative responses were received. Staff recommended approval of the plat. Chairman Makin asked for the applicant=s comments. Ben Tristan with Fittz & Shipman, Inc., the applicant, addressed the Commission. Commissioner Nejad made a motion to approve the Preliminary Plat of Westchase Village, Section Ten as requested. Commissioner Kyles seconded the motion. Motion to approve carried 6:0. JOINT PUBLIC HEARINGS Mayor Ames called the Joint Public Hearings of June 20, 2011 to order and explained the purpose of the joint hearing process and then turned the meeting over to Chairman Makin. Chairman Makin explained the policies and procedures for the hearing process. 3) File 2089-Z/P: Request for a zone change from RS (Residential Single Family Dwelling-Highest Density) District to RM-M (Residential Multiple Family Dwelling-Medium Density) District or more restrictive district and a specific use permit to allow an adult day care in an RM-M (Residential Multiple Family Dwelling-Medium Density) District. Location: 1635 W. Highland Drive Applicant: Melody Peters (Vice-Chairman Gibbs arrived.) Mr. Boone presented the staff report. Melody Peters, the property owner, states that the day care would target individuals 55 and older. The facility would initially operate 6:30 am to 6:00 pm, Monday through Friday and some Saturdays. Depending upon demand, the hours of operation may 3 Planning Commission June 20, 2011 expand. Activities would include social and recreational activities, health maintenance, transportation, meals, occasional weekly dining out, swimming pool activities and trips to museums and performances. The subject property is zoned RS. An adult day care is not permitted in the RS District so a zone change is needed. Staff feels that this zone change request would constitute spot zoning for the reasons listed in the staff report. All the property around the subject property is zoned RS. By allowing this property to be rezoned to RM-M would allow for a property owner to build up to 17 units an acre. In addition, the RM-M District would allow, either by right or with a specific use permit, rooming and boarding houses and social services, including residential care facilities and halfway houses for offenders and delinquents. None of these uses are permitted in the RS District. Some of these uses could have detrimental effects on the surrounding single family uses. Staff recommended denial of the request. Twenty notices were mailed to property owners within 200 feet. Two responses in favor and two in opposition were returned. Slides of the subject property were shown. Chairman Makin opened the public hearing and asked for the applicant=s comments. Melody Peters, the applicant, addressed the Commission and answered questions. Chairman Makin asked for comments in favor or in opposition. No comments were made. Chairman Makin closed the public hearing. Commissioner Nejad made a motion to deny a zone change from RS (Residential Single Family Dwelling-Highest Density) to RM-M (Residential Multiple Family Dwelling-Medium Density) District and a specific use permit to allow an adult day care in an RM-M District at 1635 W. Highland Drive as requested in File 2089-Z/P. Commissioner Mason seconded the motion. Motion to deny carried 5:2 (Gibbs, Kyles). 2) File 2093-Z: 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. 4 Planning Commission June 20, 2011 Location: 3308 Martin Luther King, Jr. Parkway Applicant: Shanil Oil Company Mr. Boone presented the staff report. Shanil Oil Company, the property owner, would like to develop a strip center on the subject property. This property is the previous location of the Brown Jug Bar. That building has since been demolished. Lots 1-3 are currently zoned GC-MD. Lot 4, the subject property, is zoned RS. The old Brown Jug building sat on Lot 4. Staff recommended approval of the request. Twenty-three notices were mailed to property owners within 200 feet. No responses in favor, none in opposition and one response requesting a holdover were returned. Slides of the subject property were shown. Chairman Makin opened the public hearing and asked for the applicant=s comments. Karam Ali, the applicant, addressed the Commission. Chairman Makin asked for comments in favor or in opposition. Eric McGlousky, attorney for SMR Systems, Inc., addressed the Commission. SMR Systems, Inc. has a cell tower located next to the subject property and has asked for more time to obtain information for the proposed use. Andrea Chavis, 435 E. Threadneedle, addressed the Commission in opposition to the request. Rebuttal by Mr. Ali. Slides of the subject property were shown. Discussion followed between Mr. Boone and the Commission Chairman Makin closed the public hearing. Commissioner Nejad made a motion to deny a zone change from RS 5 Planning Commission June 20, 2011 (Residential Single Family Dwelling) to GC-MD (General Commercial-Multiple Family Dwelling) District at 3308 Martin Luther King, Jr. Parkway as requested in File 2093-Z. Commissioner Kyles seconded the motion. Motion to deny carried 6:1 (Mason). 3) File 2094-Z: Request for a zone change from GC-MD-H (General Commercial-Multiple Family Dwelling-Historical) District to GC-MD (General Commercial-Multiple Family Dwelling) District. Location: 2674 Liberty Application: Altus HMS Mr. Boone presented the staff report. Altus HMS is expanding its medical th facility at 390 N. 11 Street. On May 9, 2011, the Historic Landmark Commission approved the moving of the residential structure at 2674 Liberty. The purpose of this purchase was to allow Altus to purchase the property for its expansion. Altus would like to remove the subject property from the Oaks Historic District so that it can be utilized for parking. This would allow Altus to construct a parking lot without having to meet the 20' front setback as required by Historic District regulations. On June 13, the Historic Landmark Commission recommended approval of this zone change. Staff recommended approval of the request. Twenty-one 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 Makin opened the public hearing and asked for the applicant=s comments. Joshua Young, representing Altus HMS, addressed the Commission. Chairman Makin asked for comments in favor or in opposition. No comments were made. The public hearing was closed. Vice-Chairman Gibbs made a motion to approve a zone change from GC-MD-H (General Commercial-Multiple Family Dwelling-Historical) District to GC-MD (General Commercial-Multiple Family Dwelling) District at 2674 Liberty as requested in File 2094-Z. Commissioner 6 Planning Commission June 20, 2011 Bodwin seconded the motion. Motion to approve carried 5:2 (Craig, Mason). 4) File 2095-P: Request for a specific use permit to allow a wholesale generator sales and service dealership in a GC-MD (General Commercial-Multiple Family Dwelling) District. Location: 945 Dixie Drive Applicant: Gulf Coast Generators Mr. Boone presented the staff report. Kenneth Burch, owner of Gulf Coast Generators, would like to operate his business out of this location. The company does sales, service and warranty of automatic standby units. The existing building will house both office space and warehousing of the product. Staff recommended approval of the request. Twenty notices were mailed to property owners within 200 feet. One response in favor and none in opposition were returned. Slides of the subject property were shown. Chairman Makin opened the public hearing and asked for the applicant=s comments. Kenneth Burch, the applicant, addressed the Commission. Chairman Makin 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 a wholesale generator sales and service dealership in a GC-MD (General Commercial-Multiple Family Dwelling) District at 945 Dixie Drive as requested in File 2095-P. Commissioner Mason seconded the motion. Motion to approve carried 7:0. OTHER BUSINESS Workshop - Amend sign ordinance to allow animated electronic reader board signs at schools. Mr. Boone gave the alternatives of making no change, exempting schools or modifying the four conditions for schools. 7 Planning Commission June 20, 2011 Discussion amongst the Planning Commission and City Council including not allowing motion/changes during drop-off or pick up times; limiting how often the copy changes and applying the off-premise sign standards to school signs. Councilman Getz requested studies about the safety of these signs (to what extent they are distracting). THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED AT 4:30 P. M. 8