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HomeMy WebLinkAbout11-21-11 PC Minutes M I N U T E S REGULAR MEETING JOINT PUBLIC HEARINGS PLANNING COMMISSION CITY COUNCIL City Council Chambers November 21, 2011 A Regular Meeting and Joint Public Hearings were held on November 21, 2011 with the following members present: Commission members present: Chairman Sina Nejad Vice Chairman Marty Craig Commissioner Lynda Kay Makin Commissioner Patrick Gibbs Commissioner Glenn Bodwin Commissioner Walter Kyles Commissioner Sina Nejad Commissioner Marty Craig Commissioner Lauren Williams Mason Commissioner Eddie Senigaur Commission members absent: Commissioner Steven Johnson Commissioner Clint Walters Commissioner Frank Messina Commissioner Bill Little Councilmembers present: Mayor Becky Ames Councilman-at-Large W. L. Pate Councilmember Alan Coleman Councilman Audwin Samuel Councilman Mike Getz Councilmembers absent: Mayor Pro-Tem Jamie D. Smith Councilmember-at-Large Gethrel Williams-Wright Also present: Steve Richardson, Planning Manager; Jill Cole, Recording Secretary; Adina Ward, Planner; Tyrone Cooper, City Attorney; Sharae Bassett, Assistant City Attorney I APPROVAL OF MINUTES Commissioner Craig made a motion to approve the minutes of the Joint Public Hearings held October 17, 2011. Commissioner Senigaur seconded the motion. Motion to approve carried 8:0. Planning Commission November 21, 2011 REGULAR MEETING 1) File 789-OB: Request to abandon a 701.3' section of Jones Street running from the west right-of-way line of Wescalder. Applicant: Wade Graham Mr. Richardson presented the staff report. Wade Graham, who lives at 2810 Wescalder, is asking City Council to abandon this right-of-way. He states that he has improved and maintained the right-of-way over the years. Mr. Graham says that the City partially mows the right-of-way once a year. Jones Street, as platted, extends west of Wescalder a distance of approximately 4,100 feet with approximately 1,100 feet of that being within the City. Along its entire distance, no other north/south street and/or right-of-way intersects with Jones Street except for Wescalder. To abandon the most easterly 701' of Jones will cut off access to properties to the west. According to staff research, the only access for four property owners in Jones Street. All other property owners along Jones have access to other streets. Because of the access issue, Mr. Richardson recommended denial of the request. Five notices were mailed to property owners along this section of Jones. No responses in favor and two in opposition were returned. Slides of the subject property were shown. Chairman Nejad opened the public hearing and asked for the applicant=s comments. Wade Graham, 2810 Wescalder, addressed the Commission and distributed photos. Chairman Nejad asked for comments in favor or in opposition. Frank Eastman, 4460 Thomas Lane, addressed the Commission in opposition to the request. Anthony Brocato, 550 Fannin, addressed the Commission on behalf of 2 Planning Commission November 21, 2011 Tyrrell Combest Charlie Crabbe, 928 East, addressed the Commission in opposition on behalf of Erie Courville. Chairman Nejad closed the public hearing. Rebuttal by Mr. Graham. Commissioner Kyles made a motion to deny the request to abandon a 701.3' section of Jones Street running from the west right-of-way line of Wescalder as requested in File 789-OB. Commissioner Senigaur seconded the motion. Motion to deny carried 8:0. JOINT PUBLIC HEARINGS Councilman-at-Large Pate called the Joint Public Hearings of November 21, 2011 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. 2) File 2112-P: Request for a specific use permit to allow a drinking place in a GC-MD (General Commercial-Multiple Family Dwelling) District. Location: 5010 College Street Applicant: Kulsom & Fatima, LLC Mr. Richardson presented the staff report. Nasrullah Hussain and his son would like to operate a drive-thru beverage store out of an existing 2,000 sq. ft. building at 5010 College Street. Mr. Hussain states that the drive-thru beverage store will serve wine based drinks that are flavored with various syrups so that the drink tastes like real frozen drinks such as pina coladas, strawberry daiquiris and long island ice teas. The Transportation Manager is requiring nine parking spaces including one ADA parking space. If Mr. Hussain is unable to meet that requirement he would need a special exception to the parking requirement. Mr. Richardson recommended approval subject to the following 3 Planning Commission November 21, 2011 conditions:  Provide nine parking spaces including one ADA parking space (based upon 450 sq. ft. of customer service area) or get a special exception to the parking requirement from the Board of Adjustment.  The property owner will need to verify that the sanitary sewer service is not crossing private property to get to the City sanitary sewer main. Sixteen 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. Mr. Hussain, the applicant, addressed the Commission. Sean Hussain, 4010 MacArthur Drive, Orange, also addressed the Commission. Chairman Nejad asked for comments in favor or in opposition. Joe Lovoi, 3870 Inverness, addressed the Commission in opposition to the request. Rebuttal by Sean Hussain. Chairman Nejad closed the public hearing. Discussion followed between the Commission, Council and staff. Commissioner Senigaur made a motion to approve a specific use permit to allow a drinking place in a GC-MD District at 5010 College Street as requested in File 2112-P, subject to the following conditions:  Provide nine parking spaces including one ADA parking space (based upon 450 sq. ft. of customer service area) or get a special exception to the parking requirement from the Board of 4 Planning Commission November 21, 2011 Adjustment.  The property owner will need to verify that the sanitary sewer service is not crossing private property to get to the City sanitary sewer main. Commissioner Makin seconded the motion. Motion to approve carried 6:2 (Bodwin, Nejad). 2) File 2113-Z/P: Request for a zone change from RS (Residential Single Family Dwelling) District to RM-M (Residential Multiple Family Dwelling-Medium Density) District and a specific use permit to allow for the expansion of Nutrition and Services for the Elderly, including office space, senior center, storage and parking in an RM-M (Residential Multiple Family Dwelling-Medium Density) District. Location: 4520 Concord Applicant: Nutrition and Services for Seniors Mr. Richardson presented the staff report. Elaine Schellenberger, Director of Nutrition and Services, states that the organization is proposing to purchase Jeremiah Missionary Baptist Church a the northwest corner of Concord and Travis. They would like to use the existing buildings, for additional office space, a senior center and storage. The existing parking on the property would help alleviate a parking shortage that currently exists. Mr. Richardson recommended approval of the request. Seventeen 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. Laura Stute addressed the Commission on behalf of Nutrition and Services for Seniors. Chairman Nejad asked for comments in favor or in opposition. Rob Clark, 85 Genevieve, addressed the Commission. He is working with Nutrition and Services on the master plan. 5 Planning Commission November 21, 2011 Chairman Nejad closed the public hearing. Commissioner Craig made a motion to approve a zone change from RS District to RM-M District and a specific use permit to allow for the expansion of Nutrition and Services for the Elderly, including office space, senior center, storage and parking in an RM-M District at 4520 Concord as requested in File 2113-Z/P. Commissioner Mason seconded the motion. Motion to approve carried 8:0. 3) File 2114-Z: Request for a zone change from RM-H (Residential Multiple Family Dwelling-Highest Density) District to NC (Neighborhood Commercial) District. Location: 7102 Phelan Applicant: Scott Gittinger and Thomas Williamson Mr. Richardson presented the staff report. Scott Gittinger, the applicant, states that he would like to construct an office building that would be occupied by a mortgage company and a beauty shop. Fifty feet east of the subject property is NC zoning. He has tried to buy the property to the west and north but the title cannot be cleared for financing. Mr. Gittinger says that he has spoken with the owner of the property to the east and she hopes to eventually rezone her property to NC and build a day spa. The Comprehensive Plan designates the subject and surrounding properties as a Community Center. A Community Center is defined as a commercial district that includes shopping centers, high schools, office complexes and higher density residential development. Mr. Richardson recommended approval of the request. Fourteen 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 Nejad opened the public hearing and asked for the applicant=s comments. Scott Gittinger, the applicant, addressed the Commission. Chairman Nejad asked for comments in favor or in opposition. No 6 Planning Commission November 21, 2011 comments were made. The public hearing was closed. Commissioner Gibbs made a motion to approve a zone change from RM-H (Residential Multiple Family Dwelling-Highest Density) District to NC (Neighborhood Commercial) District at 7102 Phelan as requested in File 2114-Z. Commissioner Mason seconded the motion. Motion to approve carried 8:0. OTHER BUSINESS THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED AT 4:08 P. M. 7