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HomeMy WebLinkAbout9-19-05 PC Minutes1VI I 1�1 U T REGULAR MEETING AND JOINT PUBLIC HEARINGS PLANNING COMMISSION CITY COUNCIL September 19, 2005 City Council Chambers ARegular Meeting and Joint Public Hearings of the Planning Commission and. City Council were held on September 19, 2005 with the following members present: Commission members present: Vice Chairman Lynda Kay Makin Commissioner Dohn LaBiche Commissioner Dale Hallmark Commissioner Laurie Leister Commissioner Walter Kyles Alternate Commissioner Ted Moor Commission members absent: Chairman Glenn Bodwin Commissioner Marty Craig Commissioner Greg Dykeman Commissioner Virginia Hurley Alternate Commissioner Steven Johnson Councilmembers present: Mayor Guy Goodson Mayor Pro -Tern Audwin Samuel Councilmember-at-Large Becky Ames Councilmember Lulu Smith Councilmember Nancy Beaulieu Councilmembers absent: Councilmember-at-Large Andrew Cokinos Councilmember Bobbie Patterson Also present: Stephen Richardson, Planning Manager; Jill Cole, Recording Secretary; Adina Abshire, Planner; Tyrone Cooper, City Attorney; Joe Sanders, First Assistant City Attorney; Tom Warner, Public Works Director APPROVAL OF THE MINUTES Commissioner Kyles made, a motion to approve. the minutes of the Regular Meeting and Joint Public Hearings held August 15, 2005. Commissioner LaBiche seconded the motion. Motion to approve carried 6:0. Planning Commission September 19, 2005 REGULAR MEETING 1) File 687-OB: Request for the abandonment of Lemon Street. Location: East of Magnolia Applicant: Greater Little Zion Church of God in Christ Mr. Richardson presented the staff report. Lemon Street in an unimproved street and is located east of Magnolia. Greater Little Zion Church of God in Christ owns the property on either side of the street right-of-way. The church would like to make improvements where the right-of-way is now located. The request was sent to all interested parties. No negative responses were received. Mr. Richardson recommended approval of the request. Vice=Chairman Makin opened the public hearing and asked for the applicant's comments. Robert Smith, 4296 Magnolia, addressed the Commission. Vice -Chairman Makin asked for comments in favor or in opposition. No comments were made. Commissioner Leister made a motion to approve the abandonment of Lemon Street, east of Magnolia as requested in File 687-OB. Commissioner Kyles seconded the motion. Motion to approve carried 6:0. 2) File 688-OB: Request for the abandonment of a portion of N. Willowood Lane. Location: West of Redwood Lane Applicant: City of Beaumont Planning Division Mr. Richardson presented the staff report. Several property owners in the subject area had called the area had called expressing concern over drug related activities occurring in the neighborhood. The Planning Division was informed that individuals from the apartment complex just west ofthe subject property were using the right-of-way to enter the Minglewood neighborhood to carry on drug deals. Mr. Richardson suggested the possibility of abandoning the right-of-way so that it could be fenced off to prohibit the use of the right-of-way. The request was sent 'to all interested parties. No negative responses were received.' However, there is a 6" water main along the south side of the right-of-way and two drainage inlets in the right-of-way. 2 Planning Commission September 19, 2005 Mr. Richardson recommended approval subject to the following conditions: Retain the abandoned street right-of-way as a drainage easement. Do not impede storm water from flowing into the drainage inlets. Retain a I O' exclusive water line easement for the 6" water main, 5' on each side of the water main. No structures or appurtenances shall be placed within the water line easement. Water Utilities will not be responsible for any surface restoration when water main repairs are necessary. Commissioner Leister made a motion to approve the abandonment of a portion of N. Willowood Lane, west of Redwood Lane as requested in File 688-OB, subject to the following conditions: O Retain the abandoned street right-of-way as a drainage easement. O Do not impede storm water from flowing into the drainage inlets. O Retain a 10' exclusive water line easement for the 6" water main, 5' on each side of the water main. O 'No structures or appurtenances shall be placed within the waterline easement. O Water Utilities will not be responsible for any surface restoration when water main repairs are necessary. Commissioner Hallmark seconded the motion. Motion to approve carried 6:0. 3) Replat - Lots 1-6 and Tract 2A Adam's Voth Road Addition: Consider the Replat of portions of Lots 1-6, Block 2 and Tract 2, Suburban Acres Addition in to Lots 1- 6 and Tract 2A, Adam's Voth Road. Addition. Location: 8120-8180 Old Voth Road Applicant: Faust Engineering and Surveying, Inc. Mr. Richardson presented the staff report. In August, 2004, City Council approved a zone change to RS for the west 100' of these properties. The property owner originally wanted to replat the property into 16 and then into 14 lots. Those replats were denied. The proposed lots will be 1 Win width. The replat was sent to all interested parties. No negative responses were received. Mr, Richardson recommended approval of the request. Four notices were mailed to property owners within 200 feet. No responses in favor or in opposition were returned. 3 Planning Commission September 19, 2005 Vice -Chairman Makin opened the public hearing and asked for the applicant's comments. Richard Faust, Faust Engineering & Surveying, Inc. addressed the Commission. Vice:Chairman Malin asked for comments in favor or in opposition. No continents were made. The public hearing was closed. Commissioner Leister made a motion to approve the Replat of portions of Lots 1-6, Block 2 and Tract 2, Suburban Acres Addition in to Lots 1-6 and Tract 2A, Adam's Voth Road Addition located at 8120-8180 Old Voth Road. Commissioner Moor seconded the motion. Motion to approve carried 6:0. 4) Preliminary Plat - Bayou Oaks Estates: Consider the Preliminary Plat of Bayou Oaks Estates, Lots 1-6. Location: East side of LaBelle Road, south of Steinhagen Applicant: Lealon and Janice Jenkins Mr. Richardson p resented the s taff r eport. T he 10.2 acre, 6 1 of s ingle f amily residential subdivision in the 8000 Block of LaBelle Road. Lot sizes vary from 1.4 to 2.6 acres. Water will be provided by the West Jefferson County Municipal Water District. Sanitary sewer needs will be. cared for by individual septic systems. The preliminary plat was sent to all interested parties. No negative comments were received. Mr. Richardson recommended approval subject to the following conditions: Provide three street lights at the following locations: - near the northwest property corner of Lot 1 - near the northwest property corner of Lot 4 - near the southwest property coiner of Lot 6. (Transportation) Add Note #7 to read "All lots shall be graded to drain to streets. Lots shall not drain onto adjacent lots before and after structures are built." (Engineering) Vice -Chairman Makin asked for the applicant's comments. Lealon and Janice Jenkins, the applicants, addressed the Commission. Commissioner LaBiche made a motion to approve the Preliminary Plat of Bayou Oaks Estates, Lots 1-6, located on the east side of LaBelle Road, south of Steinhagen, subject to the following conditions: 4 Planning Commission September 19, 2005 Provide three street lights at the following locations: - near the northwest property corner of Lot 1 - near the northwest property corner of Lot 4 - near the southwest property corner of Lot 6. (Transportation) Add Note ##7 to read "All lots shall be graded to drain to streets. Lots shall not drain onto adjacent lots before and after structures are built." (Engineering) Commissioner Kyles seconded the motion. Motion to approve carried 6:0. 5} Replat - Gulf Terrace Addition: Consider the Replat of Block 23, Gulf Terrace Addition into Lots 1-4, Block 23, Gulf Terrace Addition. Location: 525 and 575 Shelby and 9240 and 9260 Doty Applicant: Faust Engineering & Surveying, Inc. . Mr. Richardson presented the staff report. Lot sizes would range in size from 0.12 acres to 0.47 acres. Lots 1 and 2 meet the minimum lot requirements. Lots 3 and 4 do not meet the minimum lot depth requirements. The applicant is requesting a variance to the lot depth requirement for Lots 3 and 4. Mr. Richardson stated that a house could be better accommodated by combining those two lots. Mr. Richardson recommended approval subject to combining Lots 3 and 4 and with a variance to the lot depth requirement for those combined Lots 3 and 4. Fifty-five notices were mailed to property owners within 200 feet. One response in opposition and none in favor were returned. . Vice -Chairman Makin opened the public hearing and asked for the applicant's comments. Richard Faust of Faust Engineering and Surveying, Inc., the applicant, addressed the Commission. Vice -Chairman Makin asked for comments in favor or in opposition. Byron Lewis, owner of the property at 9240 and 9260 Doty, addressed the Commission in favor of the replat. F The public hearing was closed. Commissioner Leister made a motion to approve the Replat of Block 23, Gulf Terrace Addition into Lots 1-4, Block 23, Gulf Terrace Addition as requested subject to'combining Lots 3 and 4 and with a variance to the lot depth requirement Planning Commission September 19, 2005 for those combined Lots 3 and 4. Commissioner LaBiche seconded the motion. Motion to approve carried 6:0. 6) Preliminary Plat - Park North Phase II: Consider the Preliminary Plat of Park North,- Phase II, Location: North side of Park North Drive at Springdale Applicant: Carroll & Blackman, Inc. Mr. Richardson presented the staff report. The subject plat is an eight lot single family residential subdivision and lot sizes vary from 55' x 150' to 63' x 150'. Mr. Richardson recommended approval subject to the following condition: Show location of the proposed water and sanitary sewer taps on the plat. (Water Utilities) Vice -Chairman Makin asked for the applicant's comments. Joe Pattie with Carroll & Blackman, Inc. addressed the Commission. Commissioner LaBiche made a motion to approve the Preliminary Plat of Park North, Phase II as requested subject to the following' condition: Show location of the proposed water and sanitary sewer taps on the plat. (Water Utilities) Commissioner Leister seconded the motion. Motion to approve carried 6:0. 7) Preliminary Plat - Pinebrook Place Unit II Phase M Consider the Preliminary Plat of Pinebrook Place, Unit II, Phase II. Location: North of Jenard Lane Applicant: Fittz & Shipman, Inc. Mr. Richardson presented the staff report. The subject plat is a 24 lot single family residential subdivision. It is an extension of Habitat for Humanity's development on Jenard, The plat was sent to all interested parties. No negative responses were received. Mr. Richardson recommended approval subject to the following conditions: Add Note 6 to read "Lots shall be graded to drain to streets. Lots shall not drain onto adjacent lots before and after structures are constructed." (Engineering) n Planning Commission September 19, 2005 Submit H-Analysis data on hydraulic gradient (at flood zone boundary). Attach natural (existing) ground survey drawing/plan shots for verification between hydraulic. gradient & existing natural ground elevation shots. (Engineering) o The outfall culverts shown need to enter the ditch a minimum of 18" below the liner and grouted in smoothly. (DD#6) Thew ater and sanitary sewers ery ice 1 ines h ave 1 ess t han a n ine f oot separation. Meet the proper separation. (Water Utilities) On Lot .15, show the water tap coming off of the existing 8" water main adjacent to the property. (Water Utilities) All water taps, sanitary sewer taps and fire hydrant installations will be made by City forces at the contractor's expense. (Water Utilities) Move the sanitary sewer tap for Lot 17, Block 4 to the adjoining property line of Lot 16 and Lot 17 and move the water tap for Lot 14, Block 5 five feet to the left of the centerline of Lot 14. (Water Utilities) Vice -Chairman Makin asked for the applicant's comments. Don King with Fittz & Shipman, Inc, addressed the Commission. Commissioner Leister made a motion to approve -the Preliminary Plat of Pinebrook Place, Unit H, Phase II as requested subject to the following conditions: U Add Note 6 to read "Lots shall be graded to drain to streets., Lots shall not drain onto adjacent lots before and after structures are constructed." (Engineering) U Submit H-Analysis data on hydraulic gradient (at flood zone boundary). Attach natural (existing) ground survey drawing/plan shots for verification between hydraulic gradient & existing natural ground elevation shots. (Engineering) The outfall culverts shown need to enter the ditch a minimum of 18" below the liner and grouted in smoothly. (DD#6) C The w ater a nd s anitary s ewer s ervice I ines h ave 1 es t han a nine foot separation: Meet the proper separation. (Water Utilities) U On Lot 15, show the water tap corning off of the existing 8" water main adjacent to the property. (Water Utilities) G All water_ taps, sanitary sewer taps and fire hydrant installations will be - made by City forces at the contractor's expense. (Water Utilities) O Move the sanitary sewer tap for Lot 17, Block 4 to the adjoining property line of Lot 16 and Lot 17 and move the water tap for Lot 14, Block 5 five feet to the left of the centerline of Lot 14. (Water Utilities) Commissioner LaBiche seconded the motion. Motion to approve carried 6:0. 7 Planning Commission September 19, 2005 8) Preliminary Plat - The Meadows, Phase I: Consider the Preliminary Plat of The Meadows, Phase I. Location: Southeast quadrant of the intersection of Dishman and Keith Applicant: Schaumburg & Polk, Inc: Mr. Richardson presented the staff report. The subject plat is a 151 lot single family residential subdivision. The property is located in the southeast quadrant of the Dishman and Keith Road intersection. This. plat was sent to all interested parties. No negative responses were received. The engineer has addressed most of the conditions listed. Mr. Richardson recommended approval subject to the conditions listed: Dedicate 20' of additional right-of-way for Dishman Road. (Planning) Place a note on the final plat that states "Maintenance of the temporary ditches will be the responsibility of the landowners." (DD#6) Phase I East - Street lights will not be allowed on both corners of Meadow Park at Dishman, Spring, Blue Stem andMaidengrass Streets. Street lights are to be placed in the median or on one corner only. (Transportation) Phase I East - Omit street lights at the southeast and southwest corner of Lot 13, Block 2 and at the southeast corner of Lot 12, Block 3. (Transportation) Phase I East - Add street lights at the following locations: - southwest corner of Lot 10, Block 2 . - northwest corner of Lot 12, Block 2 - southwest corner of Lot 15, Block 2 - southeast corner of Lot 17, Block 3. (Transportation) Provide a temporary cul-de-sac and install "End of Roadway" markers at the dead-end of Ridge Lane. (Transportation) The City will not be responsible for the maintenance of the median on Meadow Park. (Transportation) Each side of Meadow Park is to operate as a one-way street. (Transportation) The developer will be responsible for the initial installation of stop/yield signs, one-way signs and street markers throughout the subdivision (Transportation) Sight triangles (30' x 100') shall be provided on both sides of Meadow Park at Dishman Road. (Transportation) 8 Planning Commission September 19, 2005 Phase I West - Omit street lights at the following locations: - northwest corner of Lot 3, Block 20 - southwest corner of Lot 9, Block 22 - northeast corner of Lot 14, Block 23 - southwest corner of Lot 13, Block 24. (Transportation) Add street lights at the following locations: - southwest corner'of Lot 10, Block 22 - northwest corner of Lot 12, Block 24 - northwest corner of Lot 1, Block 19. (Transportation) o "End of Roadway" markers shall be installed at the dead -ends of Sage Lane and Meadow Run. (Transportation) The City will not be responsible for maintenance of the median on Pampas, Monarch and Chicory Street. (Transportation) Each side of Pampas, Monarch and Chicory Street is to operate as a one- way street. (Transportation) The developer will be responsible for the initial installation of stop/yield signs, one-way signs and street markers throughout the subdivision.. (Transportation) Sight triangles (30' x 100') shall be provided on both sides of Meadow Park at Dishman Road.. (Transportation) A master plan for the water and sanitary sewer lines must be submitted to review the water and sanitary sewer locations and sizing. (Water Utilities) Phase I East - Label the size of the easement to be dedicated along the frontage of property on Dishman Road. Make that easement an exclusive water and sanitary sewer easement. (Water Utilities) Phase I East - A temporary clean out will need to be installed at the end of Meadow Park. (Water Utilities) Phase I East - Install a ten foot stub out of the manhole on Ridge Lane at the south boundary line. (Water Utilities) Phase I East - Water line along Dishman Road will need to be looped, as per letter dated November 18, 2003 to Mr. Martin Broussard from Mr. Kyle Hayes, City Manager (Water Utilities) Phase I East - Provide the necessary separation between the water and sanitary sewer service lines at Lot 14, Block 3 on Ridge Lane. (Water Utilities) Phase -I East - Install a temporary flush out at the end of Meadow Park. . (Water Utilities) Phase I East - On Lots 3, 12 and 21, Block 1, the flush outs should be at the end of the line and not with meters after them. (Water Utilities) Phase I West - Show the water main on Pampas. (Water Utilities) Phase I West - The proposed water and sanitary sewer mains will need to be installed across the entire frontage of the property as per letter dated November 18, 2003 to Mr. Martin Broussard from Mr. Kyle Hayes, City Manager. (Water Utilities) 2 Punning Commission September 19, 2005 Phase I West - Label the size of the easement to be dedicated along the frontage of Dishman Road. Make that easement an exclusive water.and sanitary sewer easement. (Water Utilities) Phase I West -Install an end of line clean out at Sage Lane, Quail Run and Meadow Run. (Water Utilities) U Phase I West - Water service lines need to be shown on Quail Run, Pampas, Monarch and Chicory Street. (Water Utilities) Phase I West - Add another line valve on Quail Run. (Water Utilities) Phase I West - The size of the water main on Quail Run, will be further reviewed upon submittal of the Master Plan. (Water Utilities) .0 Phase I West - Provide the necessary separation between the water and sanitary sewer service lines for Lots 2, 8, 10 and 12; Block 24. (Water Utilities) U Phase I West - The water service line for Lot.12, Block 24 conflicts with the storm sewer. (Water Utilities) Phase I West - The water service tap for Lot 16, Block 24, can not be under the pavement. (Water Utilities) . U Phase I West - The clean out should be located north of the sanitary sewer tap for Lot 5, Block 24. (Water Utilities) 0 Phase I East and West - Provide a Note ##10 that reads "All lots shall be graded to drain to streets. Lots shall not drain onto adj acent lots before and after structures are built." (Engineering) Phase I East and West - Provide H-Analysis data for.hydraulic gradient. (Engineering) Vice -Chairman Makin asked for the applicant's comments. Martin Broussard addressed the Commission. Troy Whitehead with Schaumburg & Polk, Inc. addressed the Commission, Commissioner Moor made a motion to approve the Preliminary Plat of The Meadows, Phase I located at the southeast quadrant of the intersection of Dishman and Keith subj ect to the following conditions: Dedicate 20' of additional right-of-way for Dishman Road. (Planning) Place a note on the final plat that states "Maintenance of the temporary ditches will be the responsibility of the landowners." (DD#6) Phase I East - Street lights will not be allowed on both corners of Meadow Park at Dishman, Spring, Blue Stem and Maidengrass Streets. Street lights are to be placed in the median or on one corner only. (Transportation) 10 Planning Commission September 19, 2005 Phase I East - Omit street lights at the southeast and southwest corner of Lot 13, Block 2 and at the southeast corner of Lot 12, Block 3. (Transportation) Phase I East - Add street lights at the following locations: - southwest -comer of Lot 10, Block 2 - northwest corner of Lot 12, Block.2 - southwest corner of Lot 15, Block 2 - southeast corner of Lot 17, Block 3. (Transportation) Provide a temporary cul-de-sac and install "End of Roadway" markers at the dead-end of Ridge Lane, (Transportation) The City will not be responsible for the maintenance of the median on Meadow Park. (Transportation) Each side of Meadow Park is to operate as a one-way street. (Transportation) The developer will be responsible for the initial installation of stop/yield signs, one-way signs and street markers throughout the subdivision. (Transportation) Sight triangles (30' x 100') shall. be provided on both sides of Meadow . Park at.Dishman Road. (Transportation) Phase I West - Omit street lights at the following locations: - northwest corner of Lot 3, Block 20 - southwest corner of Lot 9, Block 22 - northeast corner of Lot 14, Block 23 - southwest comer of Lot 13, Block 24. (Transportation) Add street lights at the following locations: - southwest corner of Lot 10, Block 22 - northwest corner of Lot 12, Block 24 - northwest corner of Lot 1, Block 19. (Transportation) "End of Roadway" markers shall be installed at the dead -ends of Sage Lane and Meadow Run. (Transportation) The City will not be responsible for maintenance of the median on Pampas, Monarch and Chicory Street. (Transportation) Each side of Pampas, Monarch and Chicory Street is to operate as a one- way street. (Transportation) The developer will be responsible for the initial installation of stop/yield signs, one-way signs and street markers throughout the subdivision. (Transportation) Sight triangles (30' x 100') shall be provided on both sides of Meadow park at Dishman Road. (Transportation) A master plan for the water and sanitary sewer lines must be submitted to review the water 'and sanitary sewer locations and sizing. (Water Utilities) _11 Planning Commission September 19, 2005 Phase I East - Label the size of the easement to be dedicated along the frontage of property on Dishman Road. Make that easement an exclusive water and sanitary sewer easement. (Water Utilities) Phase I East - A temporary clean out will need to be installed at the end of Meadow Park. (Water Utilities) Phase I East - Installa ten foot stub out of the manhole on Ridge Lane at the south boundary line. (Water Utilities) Phase I East - Water line along Dishman Road will need to be looped, as per letter dated November 18, 2003 to Mr. MartinBroussard from Mr. Kyle Hayes, City Manager (Water Utilities) Phase I East Provide the necessary separation between the water and sanitary sewer service lines at Lot 14, Block 3 on Ridge Lane. (Water Utilities) Phase I East - Install a temporary flush out at the end of Meadow Park. (Water Utilities) Phase I East - On Lots 3, 12 and 21, Block 1, the flush outs should be at the end of the line and not with meters after them. (Water Utilities) Phase I West - Show the water main on Pampas. (Water. Utilities) Phase I West - The proposed water and sanitary sewer mains will need to be installed across the entire frontage of the property as per letter dated November 18,.2003 to Mr. Martin Broussard from Mr. Kyle Hayes, City Manager. (Water Utilities) Phase I West - Label the size of the easement to be dedicated along the frontage of Dishman Road. Make that easement an exclusive water and sanitary sewer easement. (Water Utilities) Phase I West - install an end of line clean out at Sage Lane, Quail Run and Meadow Run. (Water Utilities) Phase .I West - Water service lines need to be shown on Quail Run, Pampas, Monarch and Chicory Street: (Water Utilities) . Phase I West - Add another line valve on Quail Run. (Water Utilities) Phase I West - The size of the water main on Quail Run will be .further reviewed upon submittal of the Master Plan. (Water Utilities) Phase I West - Provide the necessary separation between the water and sanitary sewer service lines for Lots 2, 8,.10 and 12, Block 24. (Water Utilities) Phase I West - The water service line for Lot 12, Block 24 conflicts with the storm sewer. (Water Utilities) Phase I West - The water service tap for Lot 16, Block 24, can not be under the pavement. (Water Utilities) Phase I West - The clean out should be located north of the sanitary sewer tap for Lot 5, Block 24. (Water Utilities) Phase I East and West - Provide a Note #10 that reads "All lots shall be graded to drain to streets. Lots shall not drain onto adj acent lots before and after structures are built." (Engineering) 12 Planning Commission September 19.2005 Phase I East and West - Provide H-Analysis data for hydraulic gradient. (Engineering) Add a sidewalk along the north side of Dishman Road. Commissioner Kyles seconded the motion. Motion to approve carried 6:0. JOINT PUBLIC HEARINGS Mayor Goodson called the Joint Public Hearings of September 19, 2005 to order and explained the purpose of the joint hearing process and then turned the meeting over to Vice - Chairman Makin. She explained the policies and procedures for the hearing process. 1) File 48-HC: Request for an HC-L (Historic Cultural -Landmark Preservation Designation). Location: 2240 Calder Applicant: Beaumont Heritage Society Mr. Richardson presented the staff report. The Beaumont Heritage Society is requesting this designation for the Chambers House which is being restored as the Chambers House Museum. On September 12, 2005, the Historic Landmark Commission recommended approval of this request. Mr. Richardson recommended approval of the request. Eighteen notices were mailed to property owners within 200 feet. No responses in favor or in opposition were returned. A slide of the subject property was shown. Vice-Chairman'Makin opened the public hearing and asked for the applicant's comments. The applicant was not present. Vice -Chairman Makin asked for comments in favor or in opposition. No comments were made. The public hearing was closed. Commissioner Hallmark made a motion to approve an HC-L (Historic Cultural - Landmark Preservation Designation) for the property at 2240 Calder as requested in File 48FHC. Commissioner LaBiche seconded the motion. Motion to approve carried 6:0. 13 Planning Commission September 19, 2005 2) File 1791-ZIP: Request for a zone change from RM-H (Residential Multiple Family Dwelling -Highest Density) to GC -MD (General Commercial -Multiple Family Dwelling) District or a more restrictive district and a specific use permit to allow a drinking place and related parking in a GC -MD (General Commercial -Multiple Family Dwelling) District. Location: 4235 and 4290 Pradice Applicant: Tina Renee Smith Mr. Richardson presented the staff report. In July, Tina Renee Smith made a request for a specific use permit to allow a drinking place in an existing building at 4290 Pradice. The Planning Commission recommended denial of the request. City Council voted to allow the applicant to reapply when all the parking issues have been addressed. Ms. Smith has permission from the property owner of the vacant lot at 4235 Pradice to use the property as a parking lot. 24 spaces would be required and she can get the 24 spaces on that lot if the requirement for the 10' landscape strip along the north, south and east sides is waived. However, based upon problems with the previous bars.and because the surrounding area is a residential neighborhood, Mr. Richardson stated that he feels that a bar would be an incompatible land use and' therefore recommended denial of the request. Twenty eight notices were mailed to property owners within 200 feet. Three notices in favor and three in opposition were returned. Slides of the subject property were. shown. Vice -Chairman Makin opened the public hearing and asked for the applicant's comments. Tina Smith, the applicant, addressed the Comrnission. Vice -Chairman Makin asked for comments in favor or in opposition. Robert Jones, 2137 Orange Street, addressed the Commission in opposition to the request. Mr. Jones owns property in the subject neighborhood. Tom Mitchell, 3790 Bowen Drive, addressed the Commission in opposition to the request. Mr. Mitchell owns property on Pradice. i The public hearing was closed. 14 Planning Commission September 19, 206 Commissioner Leister made a motion to deny a zone change fromRM-Hto GC -MD District.and a specific use permit to allow a drinking place and related parking in a GC -MD District at 4235 and 4290 Pradice as requested in File 1791-Z(P. Commissioner Moor seconded the motion. Motion to deny carried 6:0. 3) File 1795-ZIP: Request for a zone change from RS (Residential Single Family Dwelling) to GC-MD-2 (General Commercial -Multiple Family Dwelling-2) District or more restrictive district and a specific use permit to allow an insurance office. Location: 3336 S. Major Drive Applicant: - Tracey Lumpkin File 1795-ZIP was postponed until a later date at the request of the applicant. 4) File 1797-P: Request for a specific use permit to allow a limousine and charter bus service in a GC -MD (General Cornmercial-Multiple Family Dwelling) District. Location: 5755 Fanned Road Applicant: Ed's Travel Service, Inc. dba Venture Limousine and Charter Service Mr. Richardson -presented the staff report. Eddie Williams, the applicant, states that the office and property will be used for contracting trips, collecting trip revenues, record keeping and for the storing of limousines and buses. 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 Makin opened the public hearing and asked for the applicant's continents. The applicant was not present. Vice -Chairman Makin asked for comments in favor or in opposition. No continents were made. The public hearing was closed. Commissioner Kyles made a motion to approve a specific use permit to allow a limousine and charter bus service in a GC -MD District at 5755 Fannett Road as requested in File 1797-P. Commissioner Moor seconded the motion. Motion to approve carried 6:0. 15 Planning Commission September 19, 2005 5) File 1798-P: Request for a specific use permit to allow. a grocery store in a GC-MD- 2 (General Commercial -Multiple Family Dwelling-2) District. Location: Northwest corner of Dowlen and Delaware Applicant:.Robert Adams Mr. Richardson presented the staff report. This item is a request for a specific use permit to allow a grocery store in a GC-MD-2 District. The property is located in the northwest comer of Dowlen and Delaware Extension. The subjectproperty consists of 1.3 acres in which approximately 10,500 sq. ft. of the grocery store sits. The rest of the 124,000 sq. ft. store and another 20,400 sq. ft. of retail space is in GC -MD zoning. The subject property will be screened from properties to the west by an 8' tall wood screening fence and a 10' wide landscape strip. The nearest trash compactor will be 133' from the nearest property line and not visible to any residential properties. All delivery truck traffic will enter and exit offDelaware and maneuvering of trucks will occur in the horseshoe area. Lighting on the rear of the store will be shielded to point down towards the building. Mr. Richardson recommended approval of the request. Nineteen 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 Makin opened the public hearing and asked for the applicant's comments. Ben Sims of Adam's Consulting Engineers addressed the Commission on behalf of the applicant. Vice -Chairman Makin asked for comments in favor or in opposition. Sam Parigi, 445 N. 14'b Street, addressed the Commission in favor of the request. Mary Rohr, Manager of Site Engineering for H.E.B., addressed the Commission. The public hearing was closed. Commissioner Leister made a motion to approve a specific use permit to allow a grocery store in a GC-MD-2 District at the northwest corner of Dowlen and Delaware as requested in File 1798-P subject to the following conditions: 16 Planning Commission September 19, 2005 That the lighting be directional and the lighting cut off points be on the subject property. If compressors are located at the rear of the building, they be screened with acoustical material. Commissioner LaBiche seconded the motion. Motion to approve carried 6:0. 6) File 1799-Z: Request for a zone change from A-R (Agricultural -Residential) District to RM-H (Residential Multiple Family Dwelling -Highest Density) District or more restrictive district. Location: West "side of N. Major Drive, approximately 1,850' north of the Folsom Road intersection Applicant: John Binks, Douglas Barlow, Douglas Wells, Ronald and Monica Jannise Mr. Richardson presented the staff report. The applicants are requesting a zone change for 18.46 acres to allow the construction of apartments. In 2000, Mr. Binks rezoned an adjacent 7.3 acres to RM-H. Apartments were built on that property. Mr. Richardson recommended approval of the request. Twenty-nine notices were mailed to property owners within 200 feet. Two responses in favor and one in opposition were returned. Slides of the subject property were shown. Vice -Chairman Makin opened the public hearing and asked for the applicant's comments. Jackie Binks, the applicant; addressed the Commission. .Vice -Chairman Makin asked for comments in favor or in opposition. David Atkins, 3940 Cheryl, addressed the Commission in opposition. Rebuttal by Jackie Binks. Mr. Binks introduced Rodney Passo, a partner in the project. Mr. Passo presented some plans to the Commission. Doug Barlow, an applicant, addressed the Commission. The public hearing was closed. Commissioner LaBiche made a motion to approve a zone change from A-R District to RM-H District for property located on the west side of N. Major Drive, approximately 1,850' north of the Folsom Road intersection as requested in File 17 Planning Commission September 19, 2005 1799-Z. Commissioner Leister seconded the motion. Motion to approve carried 6:0. 7) File 1800-Z: Request for a zone change from RS (Residential Single Family Dwelling) to RM-H (Residential Multiple Family Dwelling -Highest Density) District (Tracts A and E) and GC-MD-2 (General Commercial -Multiple Family Dwelling-2) District (Tracts B-D). Location: Southeast quadrant of intersection of Dishman and Keith Road Applicant: Schaumburg and Polk, Inc. Mr. Richardson presented the staff report. A. Huston Properties is developing 139 acres. The bulk of the property will be developed for single family uses. 17.4 acres will be rezoned to RM-H and sold to the YMCA for its'new facility. An additional 14.6 acres will be rezoned to RM-H for multiple family uses. Three tracts consisting of 6 acres will be rezoned to GC-MD-2 for commercial development. 1.3 acres will be used for a mini -storage facility for use by residents of the development. The remainder of the commercial acreage will be used for restauranticonvenience/general retail type establishments. Mr. Richardson recommended approval of the request. Two notices were mailed to property owners within 200 feet. No responses in favor or in opposition were returned. Vice -Chairman Makin opened the public hearing and asked for the applicant's comments. Troy Whitehead with Schaumburg & Polk, Inc. addressed the Commission, . Vice -Chairman Makin asked for comments in favor or in opposition. No comments were made. The public hearing was closed. Commissioner Moor made a motion to approve a zone change from RS to RM-H District (Tracts A and E) and GC-MD-2 District (Tracts B-D) for the property located at the southeast quadrant of intersection of Dishman and Keith Road as requested in File 1800-Z. Commissioner LaBiche seconded the motion. Motion to approve carried 6:0. OTHER BUSINESS THERE BEING NO FURTHER BUSINESS, THE MEETING .WAS ADJOURNED AT 4:40 P. M. 18