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Home My WebLink About12-19-11 PC Minutes M I N U T E S REGULAR MEETING JOINT PUBLIC HEARINGS PLANNING COMMISSION CITY COUNCIL City Council Chambers December 19, 2011 A Regular Meeting and Joint Public Hearings were held on December 19, 2011 with the following members present: Commission members present: Chairman Sina Nejad Commissioner Lynda Kay Makin Commissioner Glenn Bodwin Commissioner Walter Kyles Commissioner Lauren Williams Mason Commissioner Eddie Senigaur Commission members absent: Vice Chairman Marty Craig Commissioner Patrick Gibbs Commissioner Steven Johnson Commissioner Clint Walters Commissioner Frank Messina Commissioner Bill Little Councilmembers present: Mayor Becky Ames Councilman-at-Large W. L. Pate Councilmember-at-Large Gethrel Williams-Wright Councilman Mike Getz Councilman Audwin Samuel Councilmembers absent: Mayor Pro-Tem Jamie D. Smith Councilmember Alan Coleman 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 Makin made a motion to approve the minutes of the Joint Public Hearings held November 21, 2011. Commissioner Kyles seconded the motion. Motion to approve carried 6:0. Planning Commission December 19, 2011 REGULAR MEETING 1) Preliminary Plat - Windemere Subdivision, Section III: Consider the Preliminary Plat of Windemere Subdivision, Section III; Lots 17-30, Block 8, Lots 16-25, Block 9 and Lot 1, Block 10; 8.255 acres out of the D. Easley Subdivision. Applicant: Fittz & Shipman, Inc. Mr. Richardson presented the staff report. The subject property is located east of Windemere Addition, Phases One and Two and north of Highway 105. Windemere, Section Three is a single family residential subdivision consisting of 25 lots and two common areas. The subdivision will be served by extensions of North Windemere Drive and Windcastle Drive. The roads will have 50' wide rights-of-way and 28' pavement widths. Sidewalks will be provided. Mr. Richardson recommended approval. Chairman Nejad asked for the applicant=s comments. Ben Tristan with Fittz & Shipman addressed the Commission. Commissioner Seniguar made a motion to approve the Preliminary Plat of Windemere Subdivision, Section III as requested. Commissioner Kyles seconded the motion. Motion to approve carried 6:0. 2) File 794-OB: Request for a waiver of sidewalks. Location: 2990 E. Lucas Applicant: George Newsome with Soutex Surveyors, Inc. Mr. Richardson presented the staff report. George Newsome, representing Charles Le, states that from an engineering standpoint, the developer is unable to install a 5' wide sidewalk in the space that now exists. There is 7.5' from the back of curb to the property line. Three feet of that is to be used for the required parking screening. This leaves 4.5' for a sidewalk. In addition, there is an existing utility pole that would fall in the middle of the sidewalk and a storm drain curb inlet at the west end of the property which would be in the sidewalk. Mr. Newsome feels that due to the amount and speed of traffic along E. Lucas, it would be 2 Planning Commission December 19, 2011 dangerous for pedestrians to walk on a 4.5' sidewalk that is against the curb. In addition, he states that on the north side of E. Lucas for blocks in either direction, there are no sidewalks. In September, Mr. Le was granted a zone change and specific use permit to allow for a drive-thru, dumpster and landscaping as part of his convenience store/gas station development. Chairman Nejad asked for the applicant=s comments. Mr. Newsome addressed the Commission and answered questions. Commissioner Mason made a motion to deny a request for a waiver of sidewalks at 2990 E. Lucas as requested in File 794-OB. Commissioner Bodwin seconded the motion. Motion to deny carried 5:1 (Kyles). JOINT PUBLIC HEARINGS Mayor Ames called the Joint Public Hearings of December 19, 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. 3) File 2115-P: Request for a specific use permit to allow a restaurant and bar in a PUD (Planned Unit Development) District. Location: 3350 Dowlen Road, Suite C Applicant: Koi Sushi, LLC Mr. Richardson presented the staff report. Koi Sushi Restaurant would like to operate a restaurant and bar in Tuscany Park at 3350 Dowlen, Suite C. The restaurant will be open six days a week. Tuscany Park is a mix of offices, retail stores and restaurants and the Koi Sushi Restaurant would enhance the development=s role as a major commercial destination. Mr. Richardson recommended approval. Twenty-six notices were mailed to property owners within 200 feet. Six notices in favor and none in opposition were returned. Slides of the subject property were shown. 3 Planning Commission December 19, 2011 Chairman Nejad opened the public hearing and asked for the applicant=s comments. Sam Parigi addressed the Commission. 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 a restaurant and bar in a PUD (Planned Unit Development) District at 3350 Dowlen Road, Suite C as requested in File 2115-P. Commissioner Senigaur seconded the motion. Motion to approve carried 6:0. 2) File 2116-P: Request for a specific use permit to allow a school in a GC-MD (General Commercial-Multiple Family Dwelling) District. Location: 3920 W. Cardinal Drive Applicant: Antioch Missionary Baptist Church Mr. Richardson presented the staff report. Pastor John Adolph states that the church has completed construction of a 26,000 + sq. ft. multipurpose activity center. This building includes space for classrooms, office, computer lab and coffee shop. Pastor Adolph says the school will include grades 1-8 and plans for a September, 2012 opening. The school will operate Monday - Friday and follow BISD=s school calendar from August through June. Mr. Richardson recommended approval of the request. Forty-two notices were mailed to property owners within 200 feet. Two responses 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. Marvin Brailsford addressed the Commission on behalf of the church. Chairman Nejad asked for comments in favor or in opposition. No comments were made. The public hearing was closed. 4 Planning Commission December 19, 2011 Commissioner Kyles made a motion to approve a specific use permit to allow a school in a GC-MD (General Commercial-Multiple Family Dwelling) District at 3920 W. Cardinal Drive as requested in File 2116-P. Commissioner Mason seconded the motion. Motion to approve carried 6:0. 3) File 2117-P: Request for a specific use permit to allow a church in an RS (Residential Single Family Dwelling) District. Location: 1375 E. Lucas Applicant: Rosa Mary McCloney Mr. Richardson presented the staff report. In 2002, City Council approved a specific use permit to allow a church in a former Masonic Lodge on the subject property. The previous church never did comply with the building code violations that were found or receive a certificate of occupancy. The building has been vacant for a number of years and the specific use permit has expired. Herman Young, representing Rosa Mary McCloney, states that Victory in Jesus Bible Study Center has approximately 19 members. The church will have services on Monday and Friday from 6 p.m. to 7 p.m. and on Sunday from 11 a.m. to 12 p.m. Mr. Richardson recommended approval subject to the following conditions:  The owner shall be in full compliance with all codes and ordinances.  Provide one ADA parking space that is paved and properly delineated. Twenty-eight 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. Rosa Mary McCloney the applicant, addressed the Commission. Chairman Nejad asked for comments in favor or in opposition. No comments were made. The public hearing was closed. 5 Planning Commission December 19, 2011 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. 6