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Home My WebLink About1-25-10 PC MinutesREGULAR MEETING AND JOINT PUBLIC HEARINGS PLANNING COMMISSION AND CITY COUNCIL City Council Chambers January 25, 2010 A Regular Meeting and Joint Public Hearings of the Planning Conmiission and City Council were held on January 2S, 2010 with the following members present: Commission members present: Commission members absent: Councilmembers present: Councilmembers absent: Chairman Lynda Kay Makin Vice Chairman Patrick Gibbs Commissioner Glenn Bodwin Commissioner Sina Nejad Commissioner Marty Craig Commissioner Walter Kyles Commissioner Lauren Williams Mason Commissioner Clint Walters Commissioner Steven Johnson Commissioner Eddie Senigaur Mayor Becky Ames Councilmember-at-Large W. L. Pate Councilmember Nancy Beaulieu Councilmember Audwin Samuel Mayor Pro-Tem Getbrel Williams-Wiight Councilmember Alan Coleman Councilmember Jamie Smith 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 Craig made a motion to approve the minutes of the Regular Meeting and Joint Public Hearings held December 21, 2009. Commissioner Nejad seconded the motion. Motion to approve carved 7:0. Planning Commission 7anuary 25, 2010 REGULAR MEETING 1) Replat - Lots 1 & 2, Block 1, Stoneleigh Addition: Request for a replat of Lot 1, Block 1, Stoneleigh Addition into Lots 1 & 2, Block 1, Stoneleigh Addition. Location.: 4550 N. Major Drive and 4550 Stoneleigh Drive Applicant: Fittz & Shipman, Inc. Mr. Richardson stated that the Replat was removed from the agenda and would be considered at a later date. 2) File 752-OB: Request for the abandonment of a portion of Eighth Street. Location: Between Blanchette and Milam Applicant: Beaumont Independent School District (Commissioner Kyles arrived) Mr. Richardson presented the staff report. Beaumont Independent School District has demolished the old Febl Elementary School and is building a new school. Eighth, between Blanchette and Milam, is unimproved Over the years, BISD has used the tight -of -way for bus parking and a parking lot for the school. Now that the new school is being built and wishes to utilize aportion of the right -of way, BISD is asking that the this portion of 8" be abandoned This item was sent to all interested parties. AT&T has an aerial pole lead and underground conduit run in the right-of-way. AT&T objects to the abandonment unless the entire right-of-way is retained as a general utility easement. Mr. Richardson recommended approval subject to retaining a 60' wide general utility easement. Chairman Makin asked for comments. The applicant was not present. Commissioner Craig made a motion to approve the abandonment of a portion of Eighth Street between Blanchette and Milam as requested in File 752-OB, subject to the retention of a 60' wide general utility easement. Commissioner Bodwin seconded the motion. Motion to approve carried 8:0. Planning Commission January 25, 2010 ROLL CALL JOINT PUBLIC HEARINGS Mayor Ames called the Joint Public Hearings of January 25, 2010 to order and explained the purpose of the joint hearing process and then turned the meeting over to Chairman Makin. She explained the policies and procedures for the hearing process. 1) File 2007-Z: Request for a zone change from RS (Residential Single Family Dwelling) and RM-M (Residential Multiple Family Dwelling-Med.imn Density) District to RM-H (Residential Multiple Family Dwelling -Highest Density) District or more restrictive district and RS to RM-M District or more restrictive district. Location: Concord at Sienna Trails Applicant. Fittz & Shipman, Inc. Mr. Richardson presented the staff report. Muse Ltd. would like to rezone 38+ acres in Tract 1 that was originally zoned RS and RM-M to 16.2 acres of RM-M and 15.73 acres of RM-H and to rezone the 3+ acres in. Tract 2 to RM-H. The current plan calls for 5.17 acres of RM-H to be developed as an assisted living facility and for 13.92 acres to be developed as apartments. The 16.2 acres of RM-M is to be developed as townhomes. As proposed, approximately 404 additional apartments and 288 townhomes could be built. Due to the daily trips that could be generated by these various uses, staff has a concern that Concord, in its current form, could handle the additional traffic. Due to budget constraints, the improvements to this portion of Concord Have been delayed indefinitely. Mr. Richardson recommended approval of RM-M zoning for the 16.20 acres that is designated for townhomes and denial of the RM-H zoning for the apartment and assisted living tracts and Tract 2. 116 notices were mailed to property owners within 200 feet. Three responses in favor and five in opposition were returned. Slides of the subject property were shown. Chairman Makin opened the public hearing and asked for the applicant's comments. Mark Musemeche, the applicant, addressed the Commission. Chairman Makin asked for comments in favor or in opposition. Planning Commission knuary 25, 2010 Wallace Flitcraft, 5765 Comstock, addressed the Commission in opposition. Walter Shiloh, 4975 Ada, addressed the Commission in opposition to the request. F. B. Robinson, 4895 Ada, addressed the Commission in opposition to the request. Charles Stanton, 2206 Hazel, addressed the Commission. Eric Dobbs, 5537 Garner, addressed the Commissionin opposition to the request. Rebuttal by Mr. Musemeche. Chairman Makin closed the public hearing. Commissioner Nejad made a motion to approve a zone change from RS to RM-M District for 16.20 acres as requested in File 2007-Z. Commissioner Walters seconded the motion. Motion to approve carved 8:0. 2) File 2018-I': Request for a specific use perinit to allow a real estate office in an RCR-H (Residential Conservation and Revitalization Highest Density) District. Location: 2580 North Street Applicant: Alan Cramer Investments, Inc. Mr. Richardson presented the staff report. Mr. Cramer states that the office will be staffed by 2-3 employees. Day to day business will consist of the signing and processing of applications and leases, collecting payments and supplying keys and work orders to maintenance crews. Hours of operation will be Monday - Friday, 8 a.m. to 5 p.m. The applicant proposes to constrict nine additional parking spaces at the rear of the house. In June, 2006, City Council denied a request for a specific use permit to allow a financial consulting office next door at 2570 North. This denial was based upon the desire of residents of the Old Town neighborhood to restrict further commercial encroachment into the neighborhood. This would be the only commercial use in this particular block. The nearest commercial use is a lawyer's office at the northwest corner of North and 10" Street. This particular request would -require that the backyard be paved over to provide additional parking to serve the proposed business. There has been a tendency for residential structures, once converted for commercial uses, to not revert back to residential uses. Mr. Richardson reconnnended denial of the request. Planning Commission January 25, 2010 Thirty-five notices were mailed to property owners within 200 feet. One response in favor and none in opposition Slides of the property were shown. Chairman Malin opened the public hearing and asked for the applicant's comments. Alan Cramer, 3 Park Lane, addressed the Commission and answered questions. Chairman Malin asked for comments in favor or in opposition. Paula Blazek, 2435 Long, addressed the Commission in opposition to the request. Renee Tolin, 2598 North Street, addressed the Commission in opposition to the request. Mitch McLeod, 2490 North Street, addressed the Commission in opposition. Charles Stanton, 2206 Hazel, addressed the Commission in opposition. Virginia Jordan, 2145 Hazel, addressed the Commission inopposition Rebuttal by Mr. Cramer. Chairman Makin closed the public hearing. Commissioner Craig inade a motion to deny a specific use permit to allow a real estate office in an RCR-H District at 2580 North Street as requested in File 2018-P. Commissioner Kyles seconded the motion. Motion to deny carried 8:0. 3) File 2019-P: Request for a specific -use permit to allow a real estate office in a PUD (Planned Unit Development) District. Location: 6310 Delaware Applicant: DCJC Properties, L.L.C. Mr. Richardson presented the staff report. The proposal calls for the construction of an 8,869 sq. ft. single story office building and related parking for Keller Williarns Realty. A 26' wide curb cut on the west side of the tract will provide access to the property. Specific use pen -nits have been approved to allow professional offices and a bank on adjacent properties to the east. The applicant is requesting a modification to the landscaping/screening requirements along the north property line. The subject property is separated from Barrington Heights by a 120' wide DD#6 drainage ditch. The fencing requirement has been waived with an adjacent specific use permit. 4 Planning Connnission January25, 2010 Mr. Richardson recommended approval with a modification to the landscaping/screening requirements along the north property line (no 8' tall screening fence and 10' wide landscape strip). Ten notices were mailed to property owners within 200 feet. No response in favor or in opposition were returned. Slides of the subject property were shown. Commissioner Nej ad stated that he would be abstaining from File 2019-P. Chairman Makin opened the public hearing and asked for the applicant's comments. Ron Cleveland, the applicant, addressed the Commission. Chairman Malin asked for comments in favor or in opposition. No comments were made. Chairman Malin closed the public hearing. Vice -Chairman Gibbs made a motion to approve a specific use permit to allow a real estate office in a PUD (Planned Unit Development) District at 6310 Delaware as requested in File 2019-P, with a modification to the landscaping/screening requirements along the north property line (no 8' tall screening fence and 10' wide landscape strip). Commissioner Craig seconded the motion. Motion to approve carried 7:0:1 (Nejad). OTHER BUSINESS THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED AT 4:20 P.M. ri r A STET [ ON A1FFIDAV IT THE STATE OF TEXAS § COUNTY OF JEFFERSON § I, _ _I^or �[ f _ , as a member of the �S_ (City Council, commission, or board) make this affidavit and hereby on oath state the following: I, and/or a person or persons related to me, have a substantial interest in a business entity that would be peculiarly affected by a vote or decision of the rLdnf?i06 m q68 s-ian (City Council, commission, or board) as those terms are defined in V.T.C.A., Local Crovernment Code, §1.71.002. The business entity is: r' T C 9 ®/ 17P (Name) (Address) ("I," or name of relative and relationship) have/has a substantial interest in this business entity for the following reasons: (check all of which are applicable.) Ownership of 10 percent or more of the voting stock or shares of the business entity. Ownership of either 10 percent or more or $5,000 or more of the fair market value of the business entity. Funds received from the business -entity exceed 10 percent of (my, her, his) gross income for the previous year. Real property is involved, and (I, .he, she) have an interest which is an equitable or legal ownership with a. fair market value of at least $2 500. g P _ - A relative of mine, within the first or second degree of blood or marriage, has a smbstantial interest in the business entity or property that would be affected by a decision of the public body of which I am a member'. Upon filing of this affidavit with the City. Clerk, I affirm that I will abstain from voting on any decision involving this business entity and from any further participation on this matter whatsoever. Signed this �._ day of , 20 Sign a of Official C-Q Title 170 BEFORE ME, the undersi1� ed authority, on this daY! apersonally ed �Vel'6?01 and an oath � stated that the facts hereinabove stated are true to the best of his/her knowledge or belief. SWORN to and subscribed before me on this aday of 0 Ib ��' G� JI!_l. G�u1LE 2 t z i�lpiA� �'kinm State p Texas t No Pub li in and for the State of Texas a ,gip My�°a��t�aol�xpiEes � tarp' to t