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HomeMy WebLinkAbout9-19-11 PC Minutes M I N U T E S REGULAR MEETING JOINT PUBLIC HEARINGS PLANNING COMMISSION CITY COUNCIL City Council Chambers September 19, 2011 A Regular Meeting and Joint Public Hearings were held on September 19, 2011 with the following members present: Commission members present: Vice Chairman Patrick Gibbs Commissioner Glenn Bodwin Commissioner Sina Nejad Commissioner Marty Craig Commissioner Walter Kyles Commissioner Lauren Williams Mason Commissioner Bill Little Commission members absent: Chairman Lynda Kay Makin Commissioner Steven Johnson Commissioner Eddie Senigaur Commissioner Clint Walters Commissioner Frank Messina Councilmembers present: Mayor Becky Ames Councilman-at-Large W. L. Pate Councilmember-at-Large Gethrel Williams-Wright Councilmember Alan Coleman Councilman Audwin Samuel Councilman Mike Getz Councilmembers absent: Mayor Pro-Tem Jamie D. Smith 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 Joint Public Hearings held August 15, 2011. Commissioner Mason seconded the motion. Motion to approve carried 7:0. REGULAR MEETING Planning Commission September 19, 2011 1) File 782-OB: Request to abandon the most southerly 626.81' of the most northerly 651.81' of various 15' wide utility easements out of Block 11, French Heights Addition and the southerly 626.81' of the most northerly 651.81' of the East 15' of the Replat of Block 11, French Heights Addition. Location: West side of Eastex Freeway, approximately 1,080 feet south of the intersection of Eastex Freeway and W. Lucas Drive Applicant: Roane Ruddy Mr. Richardson presented the staff report. This item is a request to abandon the southerly 626.81' of the most northerly 651.81' of various 15' wide utility easements out of Block 11, French Heights Addition and the southerly 626.81' of the most northerly 651.81' of the East 15' of the Replat of Block 11, French Heights Addition. The easement is located on property located next to Classic Chevrolet on the old Wal-Mart tract. According to the applicant, Roane Ruddy, the utility easements are no longer needed. They are being replaced by a new easement that is being dedicated. The request was sent to all interested parties. No negative responses were received. Mr. Richardson recommended approval of the request. Vice-Chairman Gibbs asked for the applicant=s comments. Mr. Ruddy was present. Commissioner Craig made a motion to approve the request to abandon the most southerly 626.81' of the most northerly 651.81' of various 15' wide utility easements out of Block 11, French Heights Addition and the southerly 626.81' of the most northerly 651.81' of the East 15' of the Replat of Block 11, French Heights Addition located on the west side of Eastex Freeway, approximately 1,080 feet south of the intersection of Eastex Freeway and W. Lucas Drive as requested in File 782-OB. Commissioner Mason seconded the motion. Motion to approve carried 7:0. 2) File 788-OB: Request to abandon a 5' utility easement on either side of an interior lot line between Lots 6 and 7, Block 3, Leroy Addition, Unit 2. Location: 5360 Laverna Drive 2 Planning Commission September 19, 2011 Applicant: Walter and Judy Bettis Mr. Richardson presented the staff report. Jeremy Mitchell, representing the property owner, has requested the abandonment because the property owner wants to build a house across the adjoining lot line between Lots 6 and 7. The easement is currently being used to bring power to a street light located between Lots 6 and 7. Entergy states that the street light and service line can be removed or relocated at the property owner=s expense and with permission by the City. Mr. Richardson recommended approval subject to the following condition:  The street light and service line must be removed or relocated at the property owner=s expense and with permission by the City. Vice-Chairman Gibbs asked for the applicant=s comments. Jeremy Mitchell with Faust Engineering & Surveying, addressed the Commission. Commissioner Little made a motion to approve a request to abandon a 5' utility easement on either side of an interior lot line between Lots 6 and 7, Block 3, Leroy Addition, Unit 2 at 5360 Laverna Drive as requested in File 788-OB. Commissioner Mason seconded the motion. Motion to approve carried 7:0. JOINT PUBLIC HEARINGS Mayor Ames called the Joint Public Hearings of September 19, 2011 to order and explained the purpose of the joint hearing process and then turned the meeting over to Vice-Chairman Gibbs. Vice-Chairman Gibbs explained the policies and procedures for the hearing process. 3) File 2104-Z: Request for a zone change from RM-H (Residential Multiple Family-Highest Density) District to GC-MD (General Commercial-Multiple Family Dwelling) District or more restrictive district. Location: East side of Eastex Freeway, between Chinn Lane and Lawrence Drive Applicant: Howard Nichols 3 Planning Commission September 19, 2011 Mr. Richardson presented the staff report. In 2009, City Council changed the zoning for 15.53 acres from LI to RM-H. The zoning was approved to allow the construction of an apartment complex. Howard Nichols, the property owner, states that the apartment complex has been downsized so he would like to rezone the 3.22 acres of frontage along Eastex to GC-MD. Mr. Richardson recommended approval of the request. Two notices were sent to property owners within 200 feet. No responses in favor or in opposition were returned. Slides of the subject property were shown. Vice-Chairman Gibbs opened the public hearing and asked for the applicant=s comments. Howard Nichols, the applicant, addressed the Commission. Vice-Chairman Gibbs 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 zone change from RM-H District to GC-MD District for property located on the east side of Eastex Freeway, between Chinn Lane and Lawrence Drive as requested in File 2104-Z. Commissioner Craig seconded the motion. Motion to approve carried 7:0. 2) File 2105-Z/P: Request for a zone change from RS (Residential Single Family Dwelling) District to GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District or more restrictive district and a specific use permit to allow the construction of a retail strip center/convenience store/gas station in a GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District. Location: East side of Abilene, approximately 200 feet north of the northeast corner of Abilene and Lucas Applicant: Truong Charles Le Mr. Richardson presented the staff report. In 2009, City Council approved a zone change to GC-MD-2 and a specific use permit to allow said use subject to there being no access to Abilene and with the submittal 4 Planning Commission September 19, 2011 of a joint access easement. However, to allow for a drive-thru behind the building, a dumpster and the required landscaping/screening, an additional 30' of land is needed. A revised site plan has been submitted showing two driveways onto Abilene. Staff has talked with the Fire Marshall and Transportation Engineer and both agree that the most southerly driveway should be allowed for improved on-site traffic flow for both fire trucks and large trucks servicing the shopping center. Mr. Richardson recommended approval subject to the following conditions:  The most northerly driveway access on Abilene will be eliminated.  The owner shall provide the City with a joint access agreement.  The owner shall be in full compliance with all codes and ordinances, including provision of sidewalks along E. Lucas. Twelve notices were mailed to property owners within 200 feet. No responses in favor and one in opposition were returned. Slides of the subject property were shown. Vice-Chairman Gibbs opened the public hearing and asked for comments. George Newsome with Soutex Surveying addressed the Commission on behalf of the applicant. Mr. Le, the applicant, addressed the Commission. Vice-Chairman Gibbs closed the public hearing. Commissioner Craig made a motion to approve a zone change from RS District to GC-MD-2 District and a specific use permit to allow the construction of a retail strip center/convenience store/gas station in a GC-MD-2 District for property located on the east side of Abilene, approximately 200 feet north of the northeast corner of Abilene and Lucas as requested in File 2105-Z/P, subject to the following conditions:  The most northerly driveway access on Abilene will be eliminated. 5 Planning Commission September 19, 2011  The owner shall provide the City with a joint access agreement.  The owner shall be in full compliance with all codes and ordinances, including provision of sidewalks along E. Lucas. Commissioner Mason seconded the motion. Motion to approve carried 7:0. 3) File 2106-P: Request for a specific use permit to allow a tire repair and sales establishment in a NC (Neighborhood Commercial) District. Location: 2795 Eastex Freeway Applicant: Antonio Sipaque Mr. Richardson presented the staff report. In June, 2005, City Council approved a specific use permit to allow an auto repair shop and car wash on the subject property. That business no longer exists. Antonio Sipaque would like to operate a used tire shop that would include the sale and repair of tires. Mr. Sipaque proposes displaying used tires along the south property line. The subject property and those north and south are zoned NC to protect the residential to the west and the school to the south from incompatible land uses. I feel that requiring all inventory display and tire repair and installation be done within the confines of the building is justified. Mr. Richardson recommended approval subject to the following conditions:  All inventory display and tire repair and installation shall be done within the confines of the existing building.  No motor vehicle sales shall be permitted.  Elimination of the eastern-most drive on Delaware, replacing it with a landscaped island and four crepe myrtle trees. Eleven notices were mailed to property owners within 200 feet. One response in favor and none in opposition were received. Slides of the subject property were shown. Vice-Chairman Gibbs opened the public hearing and asked for the applicant=s comments. 6 Planning Commission September 19, 2011 Sam Trevino addressed the Commission on behalf of the applicant. Vice-Chairman Gibbs asked for comments in favor or in opposition. No comments were made. The public hearing was closed. Commissioner Nejad made a motion to approve a specific use permit to allow a tire repair and sales establishment in a NC District at 2795 Eastex Freeway as requested in File 2106-P, subject to the following conditions:  All inventory display and tire repair and installation shall be done within the confines of the existing building.  No motor vehicle sales shall be permitted.  Elimination of the eastern-most drive on Delaware, replacing it with a landscaped island and four crepe myrtle trees. Commissioner Kyles seconded the motion. Motion to approve carried 7:0. 4) File 2107-P: Request for a specific use permit to allow a drinking place in a GC-MD (General Commercial-Multiple Family Dwelling) District. Location: 2999 Goliad Applicant: William Griffin Mr. Richardson presented the staff report. William Griffin, the applicant, states that the bar will be open from 3:00 p.m. to 12:00 p.m. on weeknights and until 2:00 a.m. on weekends. The bar will be open seven days a week. Fifteen parking spaces are shown on the site plan. Of those, only six of the parking spaces can count towards required parking. The other nine parking spaces are not legal spaces in that they back directly out onto Goliad. Thirty-eight parking spaces are required. Mr. Griffin has provided a letter stating that he has received permission to park on an unimproved vacant lot 40 feet east of the subject property. That lot, at a maximum, could accommodate fourteen spaces. Mr. Richardson expressed concerns over the effect a shortage of parking would have on neighboring properties. The applicant is short eighteen parking spaces. The property owner at 2650 Washington, when he received notice, has stated that he would have vehicles towed if found parking on his property. Forty-three notices were mailed to property owners within 200 feet. One 7 Planning Commission September 19, 2011 response in favor and two in opposition were returned. Slides of the subject property were shown. Vice-Chairman Gibbs opened the public hearing and asked for the applicant=s comments. William Griffin, the applicant, addressed the Commission and answered questions. Discussion of parking followed between the applicant, staff and the Commission. Mr. Griffin withdrew his request so that he can work out the parking issue and resubmit his request at a later date. 5) File 2108-P: Request for a specific use permit to allow a cell tower in a LI (Light Industrial) District. Location: 1375 Averill Applicant: Global Tower Partners Mr. Richardson presented the staff report. Global Tower Partners proposes to build a 120 foot tall tower with a supporting compound within a 2,500 sq. ft. lease space. Access to the tower site will be by a 20' wide access easement connecting the site with Averill St. Cricket will be the primary tenant and the tower will provide communications coverage along the IH-10 and Martin Luther King areas. The proposed facility will be engineered to allow for additional wireless tenants. The subject property is located in an industrial area and is immediately adjacent to a railroad yard. Mr. Richardson 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 Gibbs opened the public hearing and asked for the applicant=s comments. 8 Planning Commission September 19, 2011 Don Owen with MDL Consulting, Inc. addressed the Commission on behalf of Global Tower Partners. Vice-Chairman Gibbs 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 cell tower in a LI (Light Industrial) District at 1375 Averill as requested in File 2108-P. Commissioner Kyles seconded the motion. Motion to approve carried 7:0. OTHER BUSINESS THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED AT 4:08 P. M. 9