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HomeMy WebLinkAbout9-20-04 PC Minutes M I N U T E S REGULAR MEETING AND JOINT PUBLIC HEARINGS PLANNING COMMISSION CITY COUNCIL September 20, 2004 City Council Chambers A Regular Meeting and Joint Public Hearings of the Planning Commission and City Council were held on September 20, 2004 with the following members present: Commission members present: Chairman Laurie Leister Commissioner Dale Hallmark Commissioner Glenn Bodwin Commissioner Marty Craig Commissioner Walter Kyles Commissioner Virginia Hurley Alternate Commissioner Paul Jones Alternate Commissioner Steven Johnson Commission members absent: Vice-Chairman Greg Dykeman Commissioner Dohn LaBiche Commissioner Lynda Kay Makin Alternate Commissioner Ted Moor Councilmembers present: Mayor Evelyn Lord Mayor Pro-Tem Becky Ames Councilmember-at-Large Andrew Cokinos Councilmember Nancy Beaulieu Councilmember Lulu Smith Councilmember Audwin Samuel Councilmembers absent: Councilmember Bobbie Patterson Also present: Stephen Richardson, Planning Manager; Tyrone Cooper, First Assistant City Attorney; Jill Cole, Recording Secretary; Adina Abshire, Planner; Tom Warner, Public Works Director APPROVAL OF THE MINUTES Commissioner Hurley made a motion to approve the minutes of the Regular Meeting and Joint Public Hearings held August 16, 2004. Commissioner Craig seconded the motion. Motion to approve carried 8:0. Planning Commission September 20, 2004 REGULAR MEETING 1) Replat - Lot 8, Block 6, Wescalder Fig Acres Addition: Request for the replat of Lot 8, Block 6, Wescalder Fig Acres Addition into Lots 1-11 and Lots 48-54, Wooten Oaks Addition, Phase 1. Location: East side of Wooten, south of Washington Applicant: Faust Engineering & Surveying, Inc. Mr. Richardson presented the staff report and stated that a public hearing is required on this case. Faust Engineering and Surveying, Inc., the applicant, is requesting this replat. The proposed resubdivision will consist of 18 single family residential lots. The typical lot size will be 65' x 115'. This resubdivision is the first of a three phase development. Phases Two and Three will consist of an additional 36 single family lots. This plat was sent to all interested parties. No objections were received. Mr. Richardson recommended approval subject to the following conditions plus the additional comments received from Entergy and Water Utilities since the writing of the staff report: 2. Proposed roadway pavement longitudinal run should not be more than 300 linear feet to the proposed curb inlet. (City Engineer) 3. Curb inlets should be abreast or facing each other. (City Engineer) 4. Add to Notes, A 4. All lots shall be graded to drain to streets and shall not drain onto adjacent lots before and after structures are built.@ (City Engineer) 5. Install three OM-4P end of roadway markers at the temporary dead-end of Willowglen Drive. (Traffic Manager) 6. Label A Willowglen Drive @. (Planning) Entergy is requiring an additional 10' utility easement. Water Utilities is requiring the following: 1. A Master Plan reflecting the proposed water and sanitary sewer for all phases of Wooten Oaks must be provided to the Water Utilities Division along with the revised preliminary plat for review. 2 Planning Commission September 20, 2004 2. The water line on Wooten Road will need to be replaced with a larger line. 3. The proposed 8" water line will not be approved within the DD#6 right-of-way. Review the possibility of looping the line down Gerald Drive. 4. Field verify the size and elevations of the existing sanitary sewer lines. According to the attached location map we have a six-inch sanitary sewer line with an end of line clean out extending south from the existing manhole on Wooten Road. 5. The 10' x 25' utility easements need to be located at the property line opposite the sanitary sewer tap and not at every adjoining property line. Chairman Leister opened the public hearing and asked for the applicant=s comments. Richard Faust of Faust Engineering, the applicant, addressed the Commission. Mr. Faust stated that he has no problems with the requirements. He added that the developer has agreed to alleviate some of the drainage problems along Somerset and the subdivision behind the subject property. They are working with DD#6 on that to dig a ditch across to the main ditch which would be to the east of the property. Chairman Leister asked for comments in favor or in opposition. Doris O=pry, 2215 Wooten Road, addressed the Commission in opposition to the request. She cited drainage problems as the reason for her opposition. Rebuttal by Mr. Faust. Commissioner Hurley made a motion to approve the replat of Lot 8, Block 6, Wescalder Fig Acres Addition into Lots 1-11 and Lots 48-54, Wooten Oaks Addition, Phase 1 located on the east side of Wooten, south of Washington Boulevard subject to the following conditions plus the additional comments received from Entergy and Water Utilities since the writing of the staff report: 7. Proposed roadway pavement longitudinal run should not be more 3 Planning Commission September 20, 2004 than 300 linear feet to the proposed curb inlet. (City Engineer) 8. Curb inlets should be abreast or facing each other. (City Engineer) 9. Add to Notes, A 4. All lots shall be graded to drain to streets and shall not drain onto adjacent lots before and after structures are built.@ (City Engineer) 10. Install three OM-4P end of roadway markers at the temporary dead-end of Willowglen Drive. (Traffic Manager) 11. Label A Willowglen Drive @. (Planning) Entergy is requiring an additional 10' utility easement. Water Utilities is requiring the following: 1. A Master Plan reflecting the proposed water and sanitary sewer for all phases of Wooten Oaks must be provided to the Water Utilities Division along with the revised preliminary plat for review. 2. The water line on Wooten Road will need to be replaced with a larger line. 3. The proposed 8" water line will not be approved within the DD#6 right-of-way. Review the possibility of looping the line down Gerald Drive. 4. Field verify the size and elevations of the existing sanitary sewer lines. According to the attached location map we have a six-inch sanitary sewer line with an end of line clean out extending south from the existing manhole on Wooten Road. 5. The 10' x 25' utility easements need to be located at the property line opposite the sanitary sewer tap and not at every adjoining property line. Commissioner Kyles seconded the motion. Motion to approve carried 8:0. 2) Replat - portion of Lots 1-6, Block 2, Suburban Acres Addition: Request for the replat of a 1.97 portion of Lots 1-6, Block 2, Suburban Acres Addition into Lots 1-14, Adam=s Voth Road Addition. Location: East side of Old Voth Road, north of Lawrence Drive Applicant: Faust Engineering and Surveying, Inc. Mr. Richardson presented the staff report and stated that a public hearing is 4 Planning Commission September 20, 2004 required. The requested replat would resubdivide the property into 14 single family residential lots. Typical lot size will be 58' x 100'. All lots will have access to Old Voth Road. This property was rezoned to RS in August. A replat to subdivide the property into 16 lots was denied by the Planning Commission that same month. The City Engineer has expressed some concerns about drainage problems along Old Voth Road. He states that the existing roadside ditch along Old Voth Road is too shallow. He states that a drainage analysis is needed to determine the carrying capacity of the roadside ditch. Mr. Richardson recommended approval of the replat subject to the following condition:  Provide a drainage analysis of the existing and proposed conditions of the surrounding areas which will be affected by the proposed development and construct the necessary drainage improvements to handle the additional runoff. Piping the ditch shall be based on the hydraulic analysis design for the pipe size on the improved area and downstream pipe size upgrades and ditching reconfiguration. Five notices were mailed to property owners within 200 feet of the subject property and within the same subdivision. No responses in favor or in opposition were received. Chairman Leister opened the public hearing and asked for the applicant=s comments. Richard Faust of Faust Engineering and Surveying, Inc. introduced Bruce Craig, the developer. Mr. Craig addressed the Commission. Mr. Craig owns Adam=s Self Storage which is directly behind the subject property and also owns Bullfrog Builders, which will build the houses for the project. Chairman Leister asked for comments in favor or in opposition. 5 Planning Commission September 20, 2004 Susan Oliver, 2495 Broadway, addressed the Commission as attorney of record for Janette Dupuis, owner of Dup-Co Builders. Ms. Dupuis is opposed to the request. Vince Mannino, 8205 Old Voth Road, addressed the Commission and voiced his concerns about the drainage in the area and the number of houses proposed. Carey Fracht, 8155 Old Voth Road, addressed the Commission in opposition. He expressed concerns about the drainage in the area. Clark Winslow, 8275 Old Voth Road, addressed the Commission in opposition to the request. Albert Williamson, 8765 Old Voth Road, addressed the Commission in opposition to the request. Rebuttal by Mr. Craig. Chairman Leister made a motion to deny the replat of a 1.97 portion of Lots 1-6, Block 2, Suburban Acres Addition into Lots 1-14, Adam=s Voth Road Addition, located on the east side of Old Voth Road, north of Lawrence Drive. Commissioner Hurley seconded the motion. Motion to deny carried 5:3 (Hallmark, Kyles, Jones). 3) Replat - Lot 3, Block 37, Dowlen West Addition, Unit 19: Request for the replat of Lot 3, Block 37, Dowlen West Addition, Unit 19 in order to remove a 25' building setback line along the east side of the property. Location: 8155 Gladys Applicant: Faust Engineering and Surveying, Inc. Mr. Richardson presented the staff report and stated that a public hearing is required. The request is in order to establish a 15' building setback line along Galway Drive instead of the 25' building setback line as shown on the original plat. The 25' building setback line was previously deleted by a recorded instrument. However, the property owner wanted a recorded plat showing the 15' building setback line. Mr. Richardson recommended approval of the request. 6 Planning Commission September 20, 2004 Nine notices were mailed to property owners within 200 feet. No responses in favor or in opposition were returned. Chairman Leister opened the public hearing and asked for the applicant=s comments. Richard Faust of Faust Engineering and Surveying, Inc., addressed the Commission. Chairman Leister 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 Lot 3, Block 37, Dowlen West Addition, Unit 19 in order to remove a 25' building setback line along the east side of the property at 8155 Gladys. Commissioner Jones seconded the motion. Motion to approve carried 8:0. 4) File 671-OB: Request to abandon part of a 10' utility easement on Lot 12A, Block 1, Manion Oaks, Section 4. Location: 5710 Longwood Lane Applicant: Neil Fogal Mr. Richardson presented the staff report. The subject request is for an abandonment of part of a utility easement on the rear of the property at 5710 Longwood. The request was sent to all interested parties. No objections were received. Mr. Richardson recommended approval of the request. The applicant was not present. Commissioner Hallmark made a motion to approve a request to abandon part of a 10' utility easement on Lot 12A, Block 1, Manion Oaks, Section 4 at 5710 Longwood Lane as requested in File 671-OB. Commissioner Craig seconded the motion. Motion to approve carried 8:0. 7 Planning Commission September 20, 2004 JOINT PUBLIC HEARINGS Mayor Pro-Tem Ames called the Joint Public Hearings of September 20, 2004 to order and explained the purpose of the joint hearing process and then turned the meeting over to Chairman Leister. She explained the policies and procedures for the hearing process. 1) File 1735-P: Request for a specific use permit to allow a beauty shop in an RCR (Residential Conservation and Revitalization) District. Location: 1620 Pennsylvania Applicant: Two Hearts, Inc. dba Two Hearts Styles and Cuts Mr. Richardson presented the staff report. The request is to allow a beauty shop in an existing building at 1620 Pennsylvania. The beauty shop will have six chairs. Hours of operation will be 9 a.m. to 5:30 p.m., Tuesday - Saturday. Twelve parking spaces are required. The site plan shows on-site parking for nine cars. The parking lot, as drawn, does not meet city code. Only 6 of the 9 shown spaces are usable. The church across the street has given the beauty shop permission to use its parking lot for overflow parking. Mr. Richardson recommended approval subject to redesigning the off-street parking to comply with city codes. Eighteen notices were mailed to property owners within 200 feet. Two notices in favor and none in opposition were returned. Slides of the subject property were shown. Chairman Leister opened the public hearing and asked for the applicant=s comments. LinMarie Garsee, 1725 Park Street, the applicant, addressed the Commission. 8 Planning Commission September 20, 2004 Chairman Leister asked for comments in favor or in opposition. No comments were made. The public hearing was closed. Commissioner Hurley made a motion to approve a specific use permit to allow a beauty shop in an RCR District at 1620 Pennsylvania as requested in File1735-P, subject to redesigning the off-street parking to comply with city codes. Commissioner Craig seconded the motion. Motion to approve carried 8:0. 2) File 1736-P: Request for a specific use permit to allow a cellular telephone transmission tower in a GC-MD (General Commercial-Multiple Family Dwelling) District. Location: #11 Bayoubrandt Drive Applicant: Verizon Wireless Mr. Richardson presented the staff report. The proposed facility will consist of a 180' tower, an 8' x 20' equipment and shelter and an outdoor diesel generator. The compound will be screened with a wooden fence. Landscaping will be planted along the east and south sides of the property. The property is surrounded by commercial on the north, the post office on the west and future commercial on the east and south. Three notices were mailed to property owners within 200 feet. No comments in favor or in opposition were returned. Slides of the subject property were shown. Chairman Leister opened the public hearing and asked for the applicant=s comments. th Sam Parigi, 445 N. 14 Street, addressed the Commission. Mark Hodges with Verizon Wireless addressed the Commission. Chairman Leister 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 cellular telephone transmission tower in a GC-MD District at #11 9 Planning Commission September 20, 2004 Bayoubrandt Drive as requested in File 1736-P. Commissioner Jones seconded the motion. Motion to approve carried 8:0. 3) File 1737-Z: Request for a zone change from GC-MD (General Commercial-Multiple Family Dwelling) to RS (Residential Single Family Dwelling) District. Location: 1280 W. Lucas Applicant: Judy Clayton Mr. Richardson presented the staff report. The subject property consists of two lots. The northern most lot is zoned GC-MD and the southern most lot is zoned RS. A single family structure occupies the property. Ms. Clayton, the applicant, will use the property as a single family residential use. Ms. Clayton states that the bank will not make a loan on the property unless all the property is zoned RS. Mr. Richardson recommended approval of the request. Sixteen notices were mailed to property owners within 200 feet. Two notices in favor and none in opposition were returned. Slides of the subject property were shown. Chairman Leister opened the public hearing and asked for the applicant=s comments. Tom Sibley, attorney for Ms. Clayton, addressed the Commission. Chairman Leister 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 zone change from GC-MD to RS District at 1280 W. Lucas as requested in File 1737-Z. Commissioner Kyles seconded the motion. Motion to approve carried 8:0. 4) File 1738-P: Request for a specific use permit to allow a craft mall and a 10 Planning Commission September 20, 2004 restaurant in an RCR (Residential Conservation and Revitalization) District. Location: 1820 Pennsylvania and 1885 Park Applicant: Two Hearts Village Mr. Richardson presented the staff report. LinMarie Garsee and Jesse Gomez are wanting to expand an old, vacant apartment house for use as a craft mall. In addition, a separate 392 sq. ft. building will be placed on the property for use as a take-out hamburger stand. Ms. Garsee states that they will be moving their leather crafts store into the mall and lease out the other spaces. She states that she has prospective tenants for the remainder of the retail space and the hamburger stand. Mr. Richardson recommended approval of the request subject to the following conditions: 5. Provide a 6' wide landscape strip along the north, east and west sides of the parking lot. (Planning) 6. Any improvement to the existing drainage system shall be constructed by an underground drainage pipe system. No storm water shall drain onto adjacent properties before and after structures are built. (Engineering) 7. Provide a minimum of 26 parking spaces. (Planning) Twenty-nine notices were mailed to property owners within 200 feet. Five responses in favor and one in opposition were returned. Slides of the subject property were shown. Chairman Leister opened the public hearing and asked for the applicant=s comments. LinMarie Garsee, the applicant, addressed the Commission. Chairman Leister asked for comments in favor or in opposition. Patty Lee, Executive Director of Watts Home, addressed the Commission in opposition to the request. Scott Shelander, 5555 Clinton, addressed the Commission in favor of the 11 Planning Commission September 20, 2004 request. Mr. Shelander owns eight properties within the vicinity of the subject house. Willa Mae Jacks, a tenant at Watts Home, addressed the Commission. Murphy Frank, 665 Irma, addressed the Commission. Morris Williams, 7648 Laurie Lane, Lumberton, addressed the Commission in favor of the request. Mr. Williams is a part time employee at Two Hearts Leather. Bryan Hendrix, 1814 Park Street, addressed the Commission in opposition to the request. Claire Arnold, John Street, addressed the Commission in favor of the request. The public hearing was closed. Rebuttal by Ms. Garsee. Commissioner Kyles made a motion to approve a specific use permit to allow a craft mall and a restaurant in an RCR District at 1820 Pennsylvania and 1885 Park as requested in File 1738-P, subject to the Planning Manager=s conditions. Motion failed due to lack of a second. Commissioner Bodwin made a motion to deny a specific use permit to allow a craft mall and a restaurant in an RCR District at 1820 Pennsylvania and 1885 Park as requested in File 1738-P. Commissioner Hurley seconded the motion. Motion to deny carried 5:3 (Johnson, Jones, Kyles). 5) File 1739-Z: Request for a zone change from GC-MD (General Commercial-Multiple Family Dwelling) to LI (Light Industrial) District. Location: 9485 College Street Applicant: Manufacturing Solutions, Inc. Mr. Richardson presented the staff report. Wayne Moncla, President of 12 Planning Commission September 20, 2004 Manufacturing Solutions, is requesting the zone change to allow the moving of his business operation to this location. Mr. Moncla states that the company designs and manufactures custom machinery for use by its customers. He states that the operations include machining, welding, cutting, painting and assembling the machinery. All operations are conducted inside the building. There is an existing building on the property. They propose to add additional space for a total of 7,100 sq. ft. This zone change could be considered spot zoning. However, as stated in the staff report, Mr. Richardson said that he feels this request is in conformance with the Comprehensive Plan and would not be a detriment to surrounding properties. The Planning Manager recommended approval of the request. Eight 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 Leister opened the public hearing and asked for the applicant=s comments. Wayne Moncla, the applicant, addressed the Commission. Chairman Leister asked for comments in favor or in opposition. Paul Sweatt, 2370 Eastex Freeway, addressed the Commission in favor to the request. The public hearing was closed. Commissioner Kyles made a motion to approve a zone change from GC-MD to LI District at 9485 College Street as requested in File 1739-Z. Commissioner Craig seconded the motion. Motion to approve carried 8:0. 6) File 1740-P: Request for a specific use permit to allow a cellular telephone 13 Planning Commission September 20, 2004 transmission tower in a C-M (Commercial-Manufacturing) District. Location: 6355 Highway 69 Applicant: Cingular Wireless (Chairman Leister left the meeting.) Mr. Richardson presented the staff report. Cingular Wireless would like to construct a 180' cell tower on a 75' x 75' parcel of property it will lease from Golden Triangle Church on the Rock. The tower will be located in the northeast corner of the church=s property. The facility will be surrounded by a chainlink fence and will include the tower and an 11' x 20' equipment shelter. Access will be off of Twin City Highway. Mr. Richardson recommended approval subject to the gates opening into the property. 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. Commissioner Hallmark, acting as Chairman, opened the public hearing and asked for the applicant=s comments. William Nonus of L. Ford Clark, Inc. addressed the Commission on behalf of Cingular Wireless. Mr. Nonus answered questions from the Commission regarding fencing. Commissioner Hallmark 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 cellular telephone transmission tower in a C-M District at 6355 Highway 69 as requested in File 1740-P, subject to the following conditions: 12. Gates on SH. 347 driveway shall open into the property and not as shown. 14 Planning Commission September 20, 2004 13. The facility shall be surrounded by a chainlink fence with landscaping or a wooden fence. Commissioner Hurley seconded the motion. Motion to approve carried 7:0. OTHER BUSINESS THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED AT 5:20 P. M. 15