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HomeMy WebLinkAbout4-19-10 PC Minutes M I N U T E S REGULAR MEETING PLANNING COMMISSION City Council Chambers April 19, 2010 A Regular Meeting and Joint Public were held on April 19, 2010 with the following members present: Commission members present: Vice Chairman Patrick Gibbs Commissioner Sina Nejad Commissioner Marty Craig Commissioner Walter Kyles Commissioner Steven Johnson Commissioner Lauren Williams Mason Commissioner Clint Walters Commission members absent: Chairman Lynda Kay Makin Commissioner Glenn Bodwin Commissioner Eddie Senigaur Councilmembers present: Mayor Becky Ames Mayor Pro-Tem Gethrel Williams-Wright Councilmember Alan Coleman Councilman Nancy Beaulieu Councilman Audwin Samuel Councilman Jamie D. Smith Councilmembers absent: Councilman-at-Large W. L. Pate Also present: Stephen Richardson, Planning Manager; Jill Cole, Recording Secretary; Adina Ward, Planner; Tyrone Cooper, City Attorney; Chris Boone, Community Development Director; Kyle Hayes, City Manager APPROVAL OF MINUTES Commissioner Nejad made a motion to approve the minutes of the Regular Meeting and Joint Public Hearings held March 15, 2010. Commissioner Walters seconded the motion. Motion to approve carried 5:0. Planning Commission April 19, 2010 REGULAR MEETING 1) Replat - Memorial Gardens, Baby Land, Section Two: Request for a replat of Block 43, Memorial Gardens, Section Two into Memorial Gardens, Baby Lane, Section Two. Location: Northwest corner of Pine and Hale Applicant: Schaumburg & Polk, Inc. Mr. Richardson presented the staff report. An existing portion of the cemetery will be replatted into 56 burial plots. This item was sent to all interested parties. No negative responses were received. Mr. Richardson recommended approval of the request. Twenty-four notices were mailed to property owners within 200 feet and within the same subdivision. No responses in favor or in opposition were received. Vice-Chairman Gibbs opened the public hearing and asked for comments. Bill Westbrook with Schaumburg & Polk, Inc., addressed the Commission. Vice Chairman Gibbs closed the public hearing. Commissioner Johnson made a motion to approve a replat of Block 43, Memorial Gardens, Section Two into Memorial Gardens, Baby Lane, Section Two at the northwest corner of Pine and Hale. Commissioner Nejad seconded the motion. Motion to approve carried 5:0. 2) Replat-Metro Plaza: Request for a replat of a 0.95 acre tract of land out of Lot 15, Annie T. Warren Addition into Metro Plaza, Section 1. Location: North side of Florida, between Hegner and Erie Applicant: Faust Engineering and Surveying, Inc. Mr. Richardson presented the staff report. The property owner would like to subdivide a portion of the subject property out of the larger Lot 15 and combine it with pieces of other tracts to create Metro Plaza, Section 1. This item was sent to all interested parties. No negative responses have been received. I recommend approval subject to the following conditions: 2 Planning Commission April 19, 2010  Show the subject property=s address on the plat.  A sidewalk shall be installed the width of the property along Florida Avenue Eight notices were mailed to property owners within 200 feet and within the same subdivision. No responses were received. Vice-Chairman Gibbs opened the public hearing and asked for the applicant=s comments. Richard Faust addressed the Commission. Vice-Chairman Gibbs asked for comments in favor or in opposition. No comments were made. The public hearing was closed. Commissioner Johnson made a motion to approve a replat of a 0.95 acre tract of land out of Lot 15, Annie T. Warren Addition into Metro Plaza, Section 1 as requested, subject to the following conditions:  Show the subject property=s address on the plat.  A sidewalk shall be installed the width of the property along Florida Avenue Commissioner Nejad seconded the motion. Motion to approve carried 5:0. 3) Replat - Stoneleigh Addition, Block 1, Lots 1A and 2A: Request for a replat of Stoneleigh Addition, Block 1, Lot 1 into Stoneleigh Addition, Block 1, Lots 1A and 2A. Location: East of N. Major Drive, north of Homsar Pointe Boulevard Applicant: Fittz & Shipman, Inc. Mr. Richardson presented the staff report. In October, 2007, City Council approved a specific use permit to allow an apartment complex. The property was to be developed as one. Now the property is to be subdivided into Lots 1A and 2A and developed separately. As required by the City, access to the two lots will be provided by a private street off of Homsar Pointe Boulevard. This item was sent to all interested parties. No negative responses have 3 Planning Commission April 19, 2010 been received. Mr. Richardson recommended approval subject to the following conditions:  Show the addresses of the two lots on the plat.  Sidewalks shall be installed along Major and Homsar Point Boulevard One notice was mailed to property owners within 200 feet and within the same subdivision. No responses were returned. Vice-Chairman Gibbs opened the public hearing and asked for comments. Don King with Fittz & Shipman, Inc. addressed the Commission. Vice-Chairman Gibbs closed the public hearing. Commissioner Johnson made a motion to approve for a replat of Stoneleigh Addition, Block 1, Lot 1 into Stoneleigh Addition, Block 1, Lots 1A and 2A , subject to the following conditions:  Show the addresses of the two lots on the plat.  Sidewalks shall be installed along Major and Homsar Point Boulevard Commissioner Mason seconded the motion. Motion to approve carried 5:0. JOINT PUBLIC HEARING Mayor Ames called the Joint Public Hearings of April 19, 2010 to order and explained the purpose of the joint hearing process and then turned the meeting over to Vice-Chairman Gibbs. He explained the policies and procedures for the hearing process. 1) File 2022-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 parking of dump trucks in a GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District. Location: 6820 Concord 4 Planning Commission April 19, 2010 Applicant: Evelio Hernandez Mr. Richardson presented the staff report. Evilio Hernandez owns the subject property which is next to his residence at 6840 Concord. He drives a dump truck for a living. He would like to be able to park up to two dump trucks on the subject property. The property across Concord is zoned commercially. However, the land east of Concord and north of A The Concord Curve @ has historically been residentially zoned. While there have been some rezonings to commercial on the east side of Concord, the nearest commercially zoned property to Mr. Hernandez on the east side of Concord is approximately 800' south of his property. The widening of Concord will stop at Highway 105. While it can be argued that the widening of Concord will be conducive for commercial development, the same cannot be said for that part of Concord north of Hwy. 105. Between Hwy. 105 and Eastex Freeway, all the property fronting on the east side of Concord is zoned RS. That portion of Concord has a 60' wide right-of-way and an 18' pavement width. Mr. Richardson recommended denial of the request. Fifteen notices were mailed to property owners within 200 feet. Two responses in favor and four 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. Laura Hernandez, the applicant=s wife, addressed the Commission. Discussion followed between the Commission and Mrs. Hernandez. Vice-Chairman Gibbs asked for comments in favor or in opposition. Benjamin Montgomery, a neighbor, addressed the Commission and stated that he did not have an issue with Mr. Hernandez parking trucks on the property. The public hearing was closed. 5 Planning Commission April 19, 2010 Commissioner Nejad made a motion to approve a specific use permit to allow the parking of dump trucks in a GC-MD-2 District at 6820 Concord as requested in File 2022-Z/P, subject to the following conditions: $ Enclose the dump truck parking area with an 8' tall wood screening fence for a distance of 50' along Concord and 50' running north to south so that the trucks cannot be seen from Concord. $ Limit the number of dump trucks to two. Commissioner Walters seconded the motion. Motion to approve carried 5:0. Commissioner Nejad made a motion to approve a zone change from RS District to GC-MD-2 District as requested in File 2022-Z/P. Commissioner Mason seconded the motion. Motion to approve carried 5:0. 2) File 2023-P: Request for a specific use permit to allow warehousing and storage for boats and RV=s in a GC-MD (General Commercial-Multiple Family Dwelling) District. Location: 5080 Washington Applicant: Kelley Family Investments, Ltd. Mr. Richardson presented the staff report. Kelley Family Investments intends to construct two 7,200 sq. ft. storage buildings to be used for storage of boats and RV=s. The applicant intends to construct an 8' tall wood screening fence along the north property line. He is requesting a waiver of the 10' wide landscape strip along the north property line. Mr. Richardson recommended approval subject to the following conditions:  The applicant shall install an 8' tall wood screening fence and a 10' wide landscape strip along the north property line and landscape berms along the front width of the property.  A sidewalk shall be installed along the property frontage on Washington. Twenty-one notices were mailed to property owners within 200 feet. Fifteen responses in favor and none in opposition were returned. Slides of the subject property were shown. 6 Planning Commission April 19, 2010 Vice-Chairman Gibbs opened the public hearing and asked for the applicant=s comments. Kelly Kelley, the applicant, addressed the Commission. (Commissioner Craig arrived.) The public hearing was closed. Commissioner Mason made a motion to approve a specific use permit to allow warehousing and storage for boats and RV=s in a GC-MD District at 5080 Washington as requested in File 2023-P, subject to the following conditions:  The applicant shall install an 8' tall wood screening fence and a 10' wide landscape strip along the north property line and landscape berms along the front width of the property.  A sidewalk shall be installed along the property frontage on Washington. Commissioner Johnson seconded the motion. Motion to approve carried 5:0. 3) File 2024-P: Request for a specific use permit to allow a restaurant in an RCR-H (Residential Conservation and Revitalization-H) District. Location: 2693 North Street Applicant: Dr. Rudy Sotolongo Mr. Richardson presented the staff report. In November, 2009, the Planning Commission denied a request for a specific use permit to allow a new Jack-in-the-Box restaurant to use the subject property for parking and drive-thru facilities. At that meeting, a number of individuals voiced concerns over traffic, noise and loitering. Prior to City Council voting on the application, it was withdrawn. This new request proposes that the most easterly 40' be landscaped and screened with an 8' tall wood screening fence along the east property line. The dumpster would also be located in this area. The remaining 50' of the RCR-H zoning would be used for parking and a drive-thru. Mr. Richardson recommended denial of the request. 7 Planning Commission April 19, 2010 Thirty-seven notices were mailed to property owners within 200 feet. No responses in favor were returned. A petition in opposition was submitted and 31% of the signatures are property owners within 200' of the subject property, thus invoking the City=s 20% Rule. Slides of the subject property were shown. Vice-Chairman Gibbs opened the public hearing and asked for the applicant=s comments. Sheri Arnold addressed the Commission on behalf of the applicant, Dr. Sotolongo. Mrs. Arnold answered questions regarding landscaping and hours of operation. (Commissioner Kyles arrived.) Vice-Chairman Gibbs asked for comments in favor or in opposition. George Bullington, 1822 Broadway, addressed the Commission in opposition to the request. Alice Hayes, 2671 North Street, addressed the Commission in opposition. Michelle Strah, 2650 Hazel, addressed the Commission in opposition. Suzanne Roane addressed the Commission in opposition. Ms. Roane owns the property at 2688 North Street. Mr. Leffel, 2684 McFaddin, addressed the Commission in opposition. The public hearing was closed. Commissioner Nejad made a motion to approve a specific use permit to allow a restaurant in an RCR-H District at 2693 North Street as requested in File 2024-P, subject to the following conditions: $ The hours be limited to 6 a.m. to 12 p.m. $ The sign shall be a monument sign. $ The design of the restaurant shall be neighborhood friendly. $ The owner will remove the existing 40' of concrete and provide 8 Planning Commission April 19, 2010 landscaping by a certified landscape designer. $ Sign placed at the drive thru stating A turn radios down please @ Commissioner Johnson seconded the motion. Motion to approve carried 5:2 (Gibbs, Craig). Mr. Richardson stated that he would present File 2025-P and File 2028-P together. 4) File 2025-P: Request for an amended specific use permit to allow an additional office/warehouse in a GC-MD (General Commercial-Multiple Family Dwelling) District. Location: Adjacent to 10935 Eastex Freeway Applicant: Mark Whiteley & Associates, Inc. 5) File 2028-P: Request for a specific use permit to allow office-warehouses in a GC-MD (General Commercial-Multiple Family Dwelling) District. Location: Eastex Freeway, north of Tram Applicant: Mark Whiteley & Associates, Inc. Mr. Richardson presented the staff reports. File 2025-P is a request for an amended specific use permit to allow an additional office/warehouse in a GC-MD District. The property is located adjacent to 10935 Eastex Freeway. In February, 2008, City Council approved a specific use permit to allow two 4,950 sq. ft. office/warehouse buildings at 10925 and 10935 Eastex Freeway. The property owner would now like to build an additional 2,000 sq. ft. office/warehouse in front of 10935 Eastex. Mr. Richardson recommended approval subject to the following conditions:  Provide a 6' wide landscape strip along the Old Voth Rd. frontage of the parking lot.  Install a sidewalk along the property frontages on Old Voth Rd. and Eastex Freeway. Six notices were mailed to property owners within 200 feet. No responses in favor or in opposition were returned. 9 Planning Commission April 19, 2010 Mr. Richardson presented File 2028-P which is a request for a specific use permit to allow office/warehouses in a GC-MD District. The property is located on the west side of Eastex Freeway, north of Tram Road. The owner of this property also owns the office/warehouses to the south. The property owner would like to continue the office/warehouse concept on adjacent properties. The new office/warehouses will consist of 3,000 sq. ft. each. Mr. Richardson recommended approval subject to the following conditions:  Install a 6' wide landscape strip along the Eastex Freeway frontage of the parking lot.  Install sidewalks along the property frontages on Eastex Freeway and Old Voth Road. 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. Vice-Chairman Gibbs opened the public hearing and asked for the applicant=s comments. Tom Rowe with Mark Whiteley & Associates, Inc. addressed the Commission. Discussion followed regarding sidewalk requirements. 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 an amended specific use permit to allow an additional office/warehouse in a GC-MD District for property located adjacent to 10935 Eastex Freeway as requested in File 2025-P, subject to the following conditions:  Provide a 6' wide landscape strip along the Old Voth Rd. frontage of the parking lot.  Install a sidewalk along the property frontages on Old Voth Rd. and 10 Planning Commission April 19, 2010 Eastex Freeway. Commissioner Walters seconded the motion. Motion to approve carried 4:3 (Johnson, Mason, Kyles). Commissioner Nejad made a motion to approve a specific use permit to allow office-warehouses in a GC-MD District on property located on Eastex Freeway, north of Tram as requested in File 2028-P, subject to the following conditions:  Install a 6' wide landscape strip along the Eastex Freeway frontage of the parking lot.  Install sidewalks along the property frontages on Eastex Freeway and Old Voth Road. Commissioner Walters seconded the motion. Motion to approve carried 4:3 (Johnson, Mason, Kyles). 6) File 2026-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. Location: Near the northeast corner of Magnolia and Gill Applicant: Mainstream Development, L.L.C. Mr. Richardson presented the staff report. The applicant, Mainstream Development, would like to construct a new Family Dollar store on approximately 1.5 acres. The east 0.78 acres is zoned RS. The 145' deep frontage along Magnolia is already zoned GC-MD. The zone change would enable much needed retail in a neighborhood that has seen little new development n many years. Mr. Richardson recommended approval of the request. Twelve 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. 11 Planning Commission April 19, 2010 Mr. Trosclair with Mainstream Development addressed the Commission. Vice-Chairman Gibbs asked for comments in favor or in opposition. Mr. Sharodi, owner of the subject shopping center, addressed the Commission in favor of the request. A representative for Clementine Charlton addressed the Commission in opposition to the request. Ms. Charlton owns the property at 4050 Magnolia. Rebuttal by Mr. Trosclair. Commissioner Johnson made a motion to approve a zone change from RS District to GC-MD District for property located near the northeast corner of Magnolia and Gill as requested in File 2026-Z. Commissioner Mason seconded the motion. Motion to approve carried 6:1 (Kyles). 7) File 2027-P: Request for a specific use permit to allow a parking lot in a GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District. Location: 1034 Colorado Avenue Applicant: WLH Construction, Inc. Mr. Richardson presented the staff report. Bobby Patel, owns both the subject property and the Kampus Korner Restaurant at 4637 Rolfe Christopher. The purpose of the parking lot will be to provide additional parking for the restaurant. Parking at the restaurant is very limited. Mr. Richardson recommend approval subject to the following conditions:  Provide a 6' wide landscape strip along the parking lot frontage on Colorado Avenue  The owner shall provide the City an instrument of record from Jefferson County that states that the 22 parking spaces located at 1034 Colorado will be used for exclusive parking for the business at 4637 Rolfe Christopher.  Drainage of the parking lot will be in conformance with the City=s requirements.  Install a sidewalk along the property frontage on Colorado. Thirty-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. 12 Planning Commission April 19, 2010 Vice-Chairman Gibbs opened the public hearing and asked for the applicant=s comments. Bobby Patel, owner of the subject property, addressed the Commission. Vice-Chairman Gibbs asked for comments in favor or in opposition. No comments were made. The public hearing was closed. Commissioner Craig made a motion to approve a specific use permit to allow a parking lot in a GC-MD-2 District at 1034 Colorado Avenue as requested in File 2027-P, subject to the following conditions:  Provide a 6' wide landscape strip along the parking lot frontage on Colorado Avenue  The owner shall provide the City an instrument of record from Jefferson County that states that the 22 parking spaces located at 1034 Colorado will be used for exclusive parking for the business at 4637 Rolfe Christopher.  Drainage of the parking lot will be in conformance with the City=s requirements.  Install a sidewalk along the property frontage on Colorado. Commissioner Johnson seconded the motion. Motion to approve carried 7:0. 8) File 2029-P: Request for a specific use permit to allow business offices in an RCR-H (Residential Conservation and Revitalization-H) District. Location: 2400 Broadway, 2406-08 Broadway, 2410 Broadway, 2444 Broadway, 2455 Broadway Applicant: Deli Management, Inc. Mr. Richardson presented the staff report. Deli Management, Inc., owner of Jason=s Deli, operates its corporate offices out of the aforementioned structures. As Deli Management, Inc. continues to expand Jason=s Deli restaurants throughout the country, it has found it necessary to expand into nearby structures on Broadway. The company=s original office occupies a two story brick structure at 2400 Broadway. Deli Management currently occupies 5 buildings on Broadway and one on Calder. The properties are located within the Oaks Historic District. The Historic District regulations prohibit gravel parking lots, parking in the front yard and metal storage buildings unless they are completely screened from any street view. 13 Planning Commission April 19, 2010 Mr. Richardson recommended approval subject to the following conditions:  All parking lots must comply with City Standards.  No parking shall be permitted in the front yard of any of the properties.  All metal portable buildings shall be completely screened from any street. and with modifications to the landscaping/screening requirements along the west property line of 2444 Broadway and the south, east and west property lines of 2455 Broadway. Fifty-five 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. Vice-Chairman Gibbs opened the public hearing and asked for the applicant=s comments. Raymond Begnaud with Deli Management addressed the Commission. Vice-Chairman Gibbs asked for comments in favor or in opposition. William McCullough addressed the Commission in favor of the request. Mr. McCullough owns the property at 2395 Broadway and 2385 Broadway. Vice-Chairman Gibbs closed the public hearing. Commissioner Johnson made a motion to approve a specific use permit to allow business offices in an RCR-H District located at 2400 Broadway, 2406-08 Broadway, 2410 Broadway, 2444 Broadway and 2455 Broadway as requested in File 2029-P, subject to the following conditions:  All parking lots must comply with City Standards.  No parking shall be permitted in the front yard of any of the properties.  All metal portable buildings shall be completely screened from any street. Commissioner Craig seconded the motion. Motion to approve carried 6:1 (Kyles). 14 Planning Commission April 19, 2010 9) File 2030-P: Request for a specific use permit to allow a restaurant in an NC (Neighborhood Commercial) District. Location: 1695 Franklin Applicant: Arden Diamantis Mr. Richardson presented the staff report. Arden Diamantis plans to construct a 3,000 sq. ft. commercial building with related parking. The building will contain different suites available for different types of businesses such as clerical, legal insurance, general merchandise and a restaurant. As for the uses listed, a restaurant would be the only one to require a specific use permit. In November, 2007, Mr. Diamantis received a specific use to allow a smaller building. However, Mr. Diamantis never developed the property and the specific use permit expired. Mr. Richardson recommended approval subject to the following conditions:  A 6' wide landscape strip shall be installed along the Ave. C and Franklin St. frontages of the parking lot.  Provide an 8' tall wood screening fence and a 10' wide landscape strip along the south property line.  Provide a 10' rear yard building setback, a 15' interior side yard building setback and a 20' front yard building setback or get a variance to the front, side and rear yard building setbacks from the Board of Adjustment. Twenty-five 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. Vice-Chairman Gibbs opened the public hearing and asked for the applicant=s comments. Arden Diamantis addressed the Commission. Vice-Chairman Gibbs asked for comments in favor or in opposition. No comments were made. The public hearing was closed. Commissioner Craig made a motion to approve a specific use permit to allow a restaurant in an NC District at 1695 Franklin as requested in File 2030-P, subject to the following conditions: 15 Planning Commission April 19, 2010  A 6' wide landscape strip shall be installed along the Ave. C and Franklin St. frontages of the parking lot.  Provide an 8' tall wood screening fence and a 10' wide landscape strip along the south property line.  Provide a 10' rear yard building setback, a 15' interior side yard building setback and a 20' front yard building setback or get a variance to the front, side and rear yard building setbacks from the Board of Adjustment. Commissioner Johnson seconded the motion. Motion to approve carried 7:0. 10) File 2031-P: Request for a specific use permit to allow a commercial building that would house commercial uses that would included but not be limited to clerical, legal and insurance offices, general merchandise, restaurant and hair and nail salons in an RCR (Residential Conservation and Revitalization) District. Location: 2910 and 2916 Concord Applicant: Arden Diamantis Mr. Richardson presented the staff report. Arden Diamantis would like to construct a 4,260 sq. ft. building that would house the aforementioned uses. In November, 2007, Mr. Diamantis received a specific use permit to allow a restaurant. The property was never developed so the specific use permit expired. Mr. Richardson recommended approval subject to the following conditions:  Provide an 8' tall wood screening fence and a 10' wide landscape strip along the east property line.  Provide a 6' wide landscape strip along the Concord and Renaud frontages of the parking lot.  Install sidewalks along Concord and Renaud.  Provide a 25' rear building setback and a 15' exterior side yard building setback or get a variance to the rear and side yard building setbacks from the Board of Adjustment. Thirty-five 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. Arden Diamantis, the applicant, addressed the Commission. 16 Planning Commission April 19, 2010 Vice-Chairman Gibbs asked for comments in favor or in opposition. Leon Hall addressed the Commission in opposition. Mr. Hall owns the property at 2135 Renaud. The public hearing was closed. Commissioner Kyles made a motion to approve a specific use permit to allow a commercial building that would house commercial uses that would included but not be limited to clerical, legal and insurance offices, general merchandise, restaurant and hair and nail salons in an RCR District located at 2910 and 2916 Concord as requested in File 2031-P, subject to the following conditions:  Provide an 8' tall wood screening fence and a 10' wide landscape strip along the east property line.  Provide a 6' wide landscape strip along the Concord and Renaud frontages of the parking lot.  Install sidewalks along Concord and Renaud.  Provide a 25' rear building setback and a 15' exterior side yard building setback or get a variance to the rear and side yard building setbacks from the Board of Adjustment. Commissioner Johnson seconded the motion. Motion to approve carried 6:1 (Mason). 11) File 2032-P: Request for a specific use permit to allow a retail clothing shop in an RCR (Residential Conservation and Revitalization) District. Location: 1795 Park Street Applicant: Salihah Shearyahshub Mr. Richardson presented the staff report. The applicant, Salihah Shearyahshub, states that the existing building was previously used as a resale shop by his father. He would like to operate a retail clothing store that he thinks will be an asset to the neighborhood. He states that many people in the area do not have adequate transportation to get to the other shopping areas. The shop will sell clothing for infants/children, juniors and adults. Mr. Richardson recommended approval of the request, subject to the following conditions:  Provide six parking spaces including one disabled parking space.  Provide a 6' wide landscape strip along the Irma Street frontage of 17 Planning Commission April 19, 2010 the parking lot. Twenty 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. Mrs. Shearyahshub 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 specific use permit to allow a retail clothing shop in an RCR District at 1795 Park Street as requested in File 2032-P, subject to the following conditions:  Provide six parking spaces including one disabled parking space.  Provide a 6' wide landscape strip along the Irma Street frontage of the parking lot. Commissioner Craig seconded the motion. Motion to approve carried 7:0. 12) File 2033-Z: Request for a zone change from LI (Light Industrial) District to RS (Residential Single Family Dwelling) District. Location: North side of Baker Road, 287.10' east of Wescalder Road Applicant: Faust Engineering & Surveying, Inc. Mr. Richardson presented the staff report. The property owner owns 3.8 acres at the northeast corner of Baker and Wescalder. On part of this property, the owner operates a business. The owner would like to construct a house of 0.74 acres of his property. LI zoning does not allow residential uses. Mr. Richardson recommended approval. Twenty-two notices were mailed to property owners within 200 feet of the subject property. 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. 18 Planning Commission April 19, 2010 Richard Faust 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 LI District to RS District for property on the north side of Baker Road, 287.10' east of Wescalder Road as requested in File 2033-Z. Commissioner Mason seconded the motion. Motion to approve carried 7:0. OTHER BUSINESS THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED AT 5:06 P.M. 19