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HomeMy WebLinkAbout12-21-09 PC MinutesREGULAR MEETING AND JOINT PUBLIC HEARINGS PLANNING COMMISSION AND CITY COUNCIL City Council Chambers December 21, 2009 A Regular Meeting and Joint Public Hearings of the Planning Commission and City Council were held on December 21, 2009 with the following members present: Conunission members present: Commissioner Glenn Bodwin Conunissioner Sina Nejad Commissioner Walter Kyles Commissioner Steven Johnson Commissioner Eddie Senigaur Commissioner Lauren Williams Mason Commissioner Clint Walters Comrunission meinbers absent: Chairman Lynda Kay Makin Vice Chairman Patrick Gibbs Commissioner Marty Craig Councilmembers present: Mayor Becky Ames Councihnember-at-Large W. L. Pate Cowicilmernber Alan Coleman Councilmernber Audwin Samuel Councilmembers absent: Mayor Pro-Tem Getlnel Williams -Wright Councitmember Nancy Beaulieu Cotuicihnember 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 Kyles made a motion to approve the minutes of the Regular Meeting and Joint Public Hearings held November 16, 2009. Commissioner Senigaur seconded the motion. Motion to approve carried 7:0. Planning Comnrission December 21, 2009 REGULAR MEETING 1) Replat - Lots 2A and 2B, Block 1, Amended Windemere Business Park: Request for a replat of Lot 2, Amended Windemere Business Park into Lots 2A and 2B. Location: 6005 and 6035 Major Drive Applicant: Fittz & Shipman, hic. Mr. Richardson presented the staff report. The subject property is being subdivided into two lots. Lot 2A will be 2 acres and Lot 2B will be 3.047 acres. This item was sent to all interested parties. No negative responses were received. Mr. Richardson reconunended approval. One notice was mailed to property owners with 200 feet and within the same subdivision. No responses in favor or in opposition were returned. Conmrissioner Nejad, acting as Chairman, opened the public hearing and asked for the applicant's continents. John Holm with Fittz & Shipman, the applicant, addressed the Commission. Commissioner Nejad asked for comments in favor or in opposition. No comments were made. The public hearing was closed. Commissioner Johnson made a motion to approve the replat of Lot 2, Amended Windemere Business Park into Lots 2A and 2B at 6005 and 6035 Major Drive as requested. Commissioner Kyles seconded the motion. Motion to approve carried 7:0. ROLL CALL JOINT PUBLIC HEARINGS Mayor Ames called the Joint Public Hearings of December 21, 2009 to order and explained the purpose of the joint hearing process and then tarried the meeting over to Commissioner Nejad. He explained the policies and procedures for the hearing process. 1) Fite 2010-P: Request for a specific use permit to allow a Beaumont Independent School District bus parking and fuel facility in an RS (Residential Single Family Dwelling) District. Location: 1025 Woodrow Applicant: J. Rob Clark 2 Planning Co►mn scion December 21, 2009 Mr. Richards on presented the staffrcpoil. Rob Clark, representing BISD, states that the facility will be located behind the school district's existing administration annex building on Woodrow. The proposed facility is a continuation of the district's goal to provide satellite bus facilities in order to reduce travel time and provide emergency centers in scattered neighborhoods. Access will be on Virginia Street. Diesel underground fueling tanks will be located in the most central area of the site and a good distance from any boundary line. All fueling and washing facilities will be designed to state standards. All site lighting will have sharp cut-off angles to prevent glare to adjacent residences and chain link fencing and landscape screens are proposed along the Virginia Street and the cast property line Mr. Richardson recommended approval with a modification to the landscaping/screening requirements along the north and east property lines. (8' tall vinyl chainlink fence and T wide landscape ship) Sixty-two 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 Nejad opened the public hearing and asked for the applicant's comments. Rob Clark, the applicant, addressed the Commission and clarified that the fence would be a vinyl coated chain link. Commissioner Nejad 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 BISD bus parking and fuel facility in an RS District at 1025 Woodrow as requested in File 2010-P, subject to a modification to the landscaping/screening requirements along the north and east property lines (8' tall vinyl chainlink fence and 7' wide landscape strip). Commissioner Mason seconded the motion. Motion to approve cared 7:0. 2) File 2011-P: Request for a specific use permit to allow a social organization in an RCR (Residential Conservation and Revitalization) District. Location, 1728 Park Street Applicant: Knights of Peter Claver #28 Mr. Richardson presented the staff report. The Knights of Peter Claver #28 currently has no meeting place of its own. They would like to use the existing Planning Conunission December 21, 2009 commercial structure as a meeting place. The facility would be used monthly for scheduled meetings and on special occasions. Mr. Richardson recommended approval with a modification to the landscaping/screening requirements along the south and west sides. Sixteen notices were mailed to property owners within 200 feet. No responses in favor or in opposition were returned. Slides of the property were shown. Commissioner Nejad opened the public hearing and asked for the applicant's continents. Kevin Roy, President of the Knights of Peter Claver, addressed the Conunission. Commissioner Nejad asked for comments in favor or in opposition. No comments were made. The public hearing was closed. Commissioner Senigaur made a motion to approve a specific use pernut to allow a social organization in an RCR District at 1728 Park Street as requested in File 2011- } P, subject to a modification to the landscaping/screening requirements along the south and west property lines (6' tall chain link fence along the south and west sides and no additional trees within the 10' wide landscape strip). Commissioner Kyles seconded the motion. Motion to approve carried 7:0. 3) File 2012-ZIP: 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 driveway access to a proposed storage facility. Location: West side of Pinchback Road, between the two railroads. Applicant: Fittz & Shipman, hic. Mr. Richardson presented the staff report. In October, 2009, City Council approved a zone change and a specific use permit to allow a self -storage facility. The driveways, as shown on the original site plan, will not be allowed bccause of their proximity to railroad quiet zones. In train quiet zones, federal regulations prohibit driveways accessing commercial properties because they are considered to be intersections. Therefore, the developer has to provide an alternative if he is going to provide access. Under the current proposal, Mr. Dishman is purchasing a 0.32 acre tract from DD#6 and would move the driveway outside either railroad quiet zone. There are some issues that need to be addressed with the driveways intersection with Pinchback. 4 Planning conunission Deuember 21, 2009 Mr. Richardson recommended approval subject to the following conditions: The driveway layout shall be approved by the Transportation Engineer. An 8' tall wood screening fence shall be constructed along the south property line, stopping a minimum of 16' from the edge of the street. The applicant stated that Mr. Dishman is in the process of acquiring the house to the south. Mr. Dishman asked for a waiver of the fencing requirement along this property line. - Nine 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 Nejad opened the public hearing and asked for the applicant's comments. John Hohn with Fittz & Shipman, Inc., addressed the Commission. Mr. Dishman addressed the Commission Commissioner Nejad asked for comments in favor or inn opposition. No comments were made. Commissioner Nejad closed the public hearing. Discussion of the quiet zone followed. Commissioner Kyles made a motion to approve a zone change fi-om RS District to GC-MD-2 District and a speck use permit to allow driveway access to a proposed storage facility on the west side of Pinchback Road, between the two railroads as requested in File 2012-Z/P, subject to the following conditions: The driveway layout shall be approved by the Transportation Engineer An 8' tall wood screening fence shall be constructed along the south property line, stopping a minimum of 16' from the edge of the street shall be required until such time that Mr. Dislunan acquires the property to the south. and with a modification of the landscaping/screening requirement along the south property line (no 10' wide landscape ship). Commissioner Senigaur seconded the motion. Motion to approve carried 7:0. 4) File 2014-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 a storage Planning Coumninsion December 21, 2009 facility in a GC-MD-2 (General Commercial -Multiple Family Dwelling-2) District. Location: 3699 Kenneth Applicant: Troy Booker Mr. Richardson presented the staff report. The applicant, Mr. Booker, states that he has owned the property for the last 15 years. He says that the building is used as storage for his personal and business use. In February, 2009, the City tagged this building as a dangerous building. The City Demolition Coordinator determined that the building is not suitable for rehabilitation. In addition, a judgement has been filed against the property by Jefferson County for back taxes in an amount over $10,000. This item could be considered spot zoning. In making a judgement on spot zoning, the Planning Commission and City Council must considered the four issues listed in the staff report. All of the property surrounding the subject property is zoned RS. The South Park Neighborhood Plan designates this area for single family development. If the building was demolished, the property could be used for single family purposes. To demolish the building would remove a dilapidated structure from what is otherwise a residential neighborhood. Rezoning the property to GC-MD-2 would allow a large number of commercial uses with a specific use permit. Mr. Richardson recommended denial of the request. Twenty-nine notices were mailed to property owners within 200 feet. No responses in opposition or in favor were returned. Slides of the subject property were shown. Commissioner Nejad opened the public hearing and asked for the applicant's comments. Troy Booker, the applicant, addressed the Commission. Commissioner Nejad asked for comments in favor or in opposition. No comments were made. The public hearing was closed. Commissioner Johnson made a motion to deny a zone change from RS District to GC-MD-2 District and a specific use permit to allow a storage facility in a GC-MD- 6 Planning C031HANSlon December 21, 2009 2 District at 3699 Kenneth as requested in File 2014-Z/P. Commissioner Mason seconded the motion. Motion to deny carried 6:1 (Kyles). 5) File 2015-P: Request for a specific use permit to allow the expansion of a cemetery. Location: 3965 Scranton Applicant: Donald Taft for Community Cemeteries, Inc. Mr. Richardson presented the staff report. In June, 2001, City Council approved an expansion of Greenlawn Cemetery. That property was located east and west of Scranton and south of Gill. This latest expansion incorporates 0.193 acres immediately south of the previous expansion. Mr. Richardson recommended approval of the request. Forty 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 Nejad opened the public hearing and asked for the applicant's comments. Bill Westbrook with Schaumburg and Polk, Inc, addressed the Commission on behalf of the property owner. Commissioner 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 the expansion of a cemetery at 3965 Scranton as requested in File 2015-P. Commissioner Johnson seconded the motion. Motion to approve carried 7:0. 6) File 2016-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: 130' west of the southwest corner of Delaware and Concord Applicant: Salim Makdsi Mr. Richardson presented the staff report. The subject property is located at 2415 and 2435 Delaware. Salim Makdsi would like to build a strip shopping center on the subject property. He states that the shopping center will cater to small retail and/or office clients. In March, 2002, City Council approved a zone change from RS to GC -MD for 0.16 acres across the street. That zone allowed Mr. Makdsi to expand his convenience 7 Planning can n fission December 21, 2009 store on the northwest confer of the Delaware and Concord intersection. Mr. Richardson recommended approval of the request. Thirty-five notices were mailed to property owners within 200 feet. One response in opposition and none in favor were returned. Slides of the subject property were shown. Commissioner Nejad opened the public hearing and asked for the applicant's comments. Salim Makdsi addressed the Commission. Commissioner Nejad asked for comments in favor or in opposition. No comments were made. The public hearing was closed. Commissioner Mason made a motion to approve a zone change from RS District to GC -MD District for the property at 2415 and 2435 Delaware as requested in File 2016-Z. Commissioner Kyles seconded the motion. Motion to approve carried 7:0. 7) File 2017-P: Request for a specific use penrrit to allow professional offices in a PUD (Plaimed Unit Development) District. Location: 6280 Delaware Applicant: Richard Guseman Mr. Richardson presented the staff report. An attorney's office will occupy a portion of the building and the rest of the building will be leased out to another professional office, as yet unnamed. Mr. Richardson recommended approval of the request. Four notices were mailed to property owners within 200 feet of the subject property. No responses in favor or in opposition were retuned. Slides of the subject property were shown. Commissioner Nejad opened the public hearing and asked for the applicant's comments. Richard Guseman, the applicant, was not present. Commissioner Nejad asked for comments in favor or in opposition. No conunents were made. The public hearing was closed s Planning Conunission Deceniber 21, 2009 Commissioner Kyles made a motion to approve a specific use permit to allow professional offices in a PUD (Planned Unit Development) District at 6280 Delaware as requested in File 2017-P. Commissioner Senigaur seconded the motion. Motion to approve carried 7:0. OTHER BUSINESS THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED.