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HomeMy WebLinkAbout10-18-99 PC MinutesMINUTES REGULAR MEETING AND JOINT PUBLIC HEARINGS PLANNING COMMISSION AND CITY COUNCIL October 18, 1999 City Council Chambers A Regular Meeting and Joint Public Hearings of the Planning Commission and City Council were held on October 18, 1999 with the following members present: Commission members present: Chairman Laurie Leister Commissioner Dale Hallmark Commissioner Dohn LaBiche Commissioner Sally Bundy Commissioner Albert Robinson Commissioner Glenn Bodwin Commission members absent: Vice -Chairman Greg Dykeman Commissioner Bill Lucas Commissioner Carlos Hernandez Councilmembers present: Mayor David W. Moore Mayor Pro -Tern John Davis Councilmember-at-Large Andrew Cokinos Councilmember-at-Large Becky Ames Councilmember Lulu Smith Councilmember Guy Goodson Councilmember Bobbie Patterson Also present: Stephen Richardson, Planning Manager; Murray Duren, Senior Planner; Tyrone Cooper, First Assistant City Attorney; Adina Abshire, Planning Technician; and Jill Cole, Recording Secretary APPROVAL OF THE MINUTES Commissioner Robinson made a motion to approve the minutes of the September 20, 1999, Joint Public Hearings. Commissioner Bundy seconded the motion. Motion to approve carried 6:0. Planning Commission October 18, 1999 REGULAR MEETIN 1) Prelimina Plat -Gladys Business Park, Section Two: Consider a preliminary plat of Gladys Business Park, Section Two dedicating Lots 5, 6, 7 and 8 (5.707 acres, A. Huston Survey, Ab. 33). Applicant: Fittz & Shipman, Inc, for Nichols Development Company Mr. Richardson informed the Commission that the subject property is located west of the intersection of Gladys and Major Drive. Section Two consists of four commercial lots. Access to the four lots will be by Cornerstone Court, a new street. This plat was distributed to interested parties. Mr. Richardson recommended conditional approval of the plat, subject to items 2 and 3 that are listed in the staff report. Item 2 states that the Fire Marshal requests that the existing fire hydrant at the end of Chivas be moved closer to the curb and that additional hydrants will be required as the spacing between hydrants is 500 feet. Item 3 states that the Real Property Division requests that the 20' x 224' recorded utility easement which crosses the north part of proposed Lot 5 be shown on the plat. The easement extends west from the west end of Chivas Place Drive. A corrected plat was received before the meeting addressing items 1, 4 and 5. Chairman Leister asked for the applicant's comments. John Holm with Fittz & Shipman, Inc., the applicant, addressed the Commission. Mr. Holm met with the Fire Marshal and he signed for approval of item 2. Commissioner Bundy made a motion to approve the Preliminary Plat of Gladys Business Park, Section Two subject to approval of items 2 and 3. Item 2 states that the Fire Marshal requests that the existing fire hydrant at the end of Chivas be moved closer to the curb and that additional hydrants will be required as the spacing between hydrants is 500 feet. Item 3 states that the Real Property Division requests that the 20' x 224' recorded utility easement which crosses the north part of proposed Lot 5 be shown on the plat. The easement extends west from the west end of Chivas Place Drive. Commissioner LaBiche seconded the motion. Motion to approve carried 6:0. JOINT PUBLIC HEARINGS Mayor Moore called the Joint Public Hearings of October 18, 1999 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. i7 Planning Commission October 18, 1999 1) File 1472-P: Request for a zone change from GC -MD (General Commercial - Multiple Family Dwelling) to LI (Light Industrial) District or a more restrictive commercial district. Location: 3190 S. Eleventh Street Applicant: Ted and Betsy Hanchey Mr. Richardson told the Commission and Council that this case had been postponed until the November 15, 1999 Joint Public Hearing. 2) File 1473- : Request for a zone change from RS (Residential Single Family Dwelling) to RM-M (Residential Multiple Family Dwelling -Medium Density) District. Location: 8900 block of Phelan Boulevard (formerly Calder Avenue) Applicant: Charles D. Foxworth, Jr. Mr. Richardson told the Commission and Council that the subject property consists of 3.75 acres located in the 8800-8900 block of Phelan Boulevard. The property lies across the street from Westbrook High School. The applicant has been trying to sell the property for single family uses for a number of years but has been unable to do so. The RM-M District would permit single family as well as duplexes, town homes and medium density apartments. Mr. Richardson recommended approval of the request. Eight notices were mailed to property owners within 200 feet of the subject property. No responses in opposition or in favor were returned to staff. Slides of the subject property were shown. Chairman Leister opened the public hearing and asked for the applicant's comments. Charlie Foxworth, Jr. of Foxworth Real Estate, the applicant, addressed the Commission. Mr. Foxworth said the prospective buyer will most likely build duplexes or medium density apartments. Chairman Leister asked for comments in favor or in opposition. Charles Goodman, 9795 Phelan, addressed the Commission. Mr. Goodman owns the property directly east of the subject property. He asked if the proposed development would decrease his property value. He also asked if the buildings Planning Commission October 18. t999 would be one or two-story and if a privacy fence would be constructed between his property and the subject property. Rebuttal by Mr. Foxworth. He said that the proposed development would be within the restrictions of the medium density zoning district. He said that it would enhance the surrounding properties. Mr. Richardson said that there would be a 8' privacy fence and 10' landscape strip required between the subject property and the single family residential zoning. Chairman Leister closed the public hearing. Commissioner Bodwin made a motion to approve the zone change from RS to RM- M for the subject property in the 8800-8900 block of Phelan as requested in File 1473-Z. Commissioner Hallmark seconded the motion. The motion to approve carried 6:0. 3) File 1474-ZAP: Request for a zone change from RS (Residential Single Family Dwelling) to RM-H (Residential Multiple Family Dwelling -Highest Density) District and a specific use permit to allow a professional and business office complex. Location: 3200 block of N. Dowlen Road Applicant: Brent W. Coon Mr. Richardson told the Commission and Council that the applicant has purchased the 12 acre Amoco tract that lies between Calvary Baptist Church, a DD#6 ditch and Dowlen Road Church of Christ. The development plans for the property include eight office buildings containing a total of 97,620 square feet. The proposed development will be done in a Mediterranean town square style with wooded buffers and landscaping throughout the property. Mr. Richardson recommended approval of the zone change and specific use permit. Nine notices were mailed to property owners within 200 feet. No responses in favor or in opposition were returned. Slides of the subject area were shown. Chairman Leister opened the public hearing and asked for the applicant's comments. 4 Planning Commission October 18, 1999 Joe Pattie with Carroll and Blackman, Inc. addressed the Commission on behalf of Brent Coon, the applicant. Mr. Pattie answered questions from the Commission and Council. Chairman Leister asked for comments in favor or in opposition. No comments were made. The public hearing was closed. Commissioner Bundy made a motion to approve the zone change from RS to RM-H and the specific use permit to allow a professional and business office complex in the 3200 block of N. Dowlen Road as requested in File 1474-ZIP. Commissioner LaBiche seconded the motion. Motion to approve carried 6:0. 4) File 1475-ZIP: Request for a zone change from NC (Neighborhood Commercial) to GC-MD-2 (General Commercial -Multiple Family Dwelling-2) District and an amended specific use permit to allow the enlargement of an existing veterinary clinic. Location: 2396 Dowlen Road Applicant: Kelley Kays, DVM Mr. Richardson told the Commission and Council that the applicant received the specific use permit in 1995 to build the veterinary clinic. It also included conditions for a kennel and a pet crematorium. Dr. Kays would like to expand her clinic from the current 3,980 square feet to 7,430 square feet. Since the property is currently zoned NC (Neighborhood Commercial), there is a 4,000 square foot maximum building size limitation, thus the need for the zone change. The GC-MD-2 District requires a specific use permit for all uses allowed in the district. The Zoning Ordinance states that a specific use permit becomes null and void if there is a substantially different change in uses of the property or if it becomes vacant for a period of two years. If that is the case, then a new use would require a new public hearing before the Planning Commission and City Council. Mr. Richardson recommended approval of the zone change and specific use permit. Nine 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. In response to Commissioner Hallmark, Mr. Richardson said that the applicant has met the parking requirements. Chairman Leister opened the public hearing and asked for the applicant's comments. 5 Planning Commission October 18, 1999 Dr. Kelley Kays, the applicant, addressed the Commission. Philip Long of Long -Magnuson Architects, the architect for Dr. Kays, addressed the Commission. Chairman Leister asked for comments in favor or in opposition. Joe Parigi, 1405 Wellington Oaks, addressed the Commission in favor of the request. Ruth Snider, 6221 Sheridan Oaks, addressed the Commission in favor of the request. Sheryll Plaia, 1450 Wellington Oaks, addressed the Commission in favor of the request, however she feels that the vendors shouldn't be allowed to occupy the corner. Mindy Victores addressed the Commission in opposition to the request. Mrs. Victores and her husband are building a home at 2370 Wellington. She read from a prepared statement that was distributed to the Commission and Council. Dr. Ruben Victores addressed the Commission in opposition to the request. Emmett Mackan, 6135 Sheridan Oaks, addressed the Commission in opposition to the request. Mr. Mackan and his wife own property directly across the street from the subject property and are planning to build a home there in the future. Laurie Mackan, 6135 Sheridan Oaks, addressed the Commission in opposition to the request. Mrs. Mackan complained about the vendors on the corner. Rebuttal by Philip Long. Mr. Long said that the zone change to GC-MD-2 specifically allows the City to control what businesses could go there in the future. Chairman Leister asked Mr. Richardson to review the difference between GC -MD and GC-MD-2. Mr. Richardson replied that a specific use permit is required for all uses in a GC-MD-2 zone, so the Commission and Council can control what occupies that property. The specific use permit becomes null and void if the property becomes vacant for a period of two years or if the use is substantially different. Mr. Long continued with his rebuttal. Mr. Long feels that the facility has enhanced the area and, if anything, raised property values. He does not feel that this is spot zoning because they are not changing the function of the building, just enlarging it. Dr. Kays is not planning to double her staff. The trees along the back will not all be removed. Planning Commission October 18, 1999 Dr. Kays addressed the issue of the vendors on the corner. She has given one vendor permission to set up there, but will no longer allow vendors there now that she knows the neighbors object. Dr. Kays answered questions from the Commission and Council. (Councilmember Patterson arrived.) In response to Chairman Leister, Mr. Richardson said he would contact the Clean Community Division about having the pickup of the garbage cans on Dr. Kays' side of the street. Dr. Victores asked if Dr. Kays received a fee from the vendors. Dr. Kays said the only vendor that she gave permission to paid her $10 a day. Dr. Kays assured Dr. Victores that she would stop the vendors from using that area. . Commissioner LaBiche made a motion to approve the zone change from NC to GC- MD-2 and the amended specific use permit to allow the enlargement of an existing veterinary clinic at 2396 Dowlen Road as requested in File 1475-ZIP.. Commissioner Bodwin seconded the motion. Motion to approve carried 5:0:1 (Bundy). 5) File 1476-P: Request for a specific use permit to allow a barbershop in an RM-H (Residential Multiple Family Dwelling -Highest Density) District. Location: 2885 San Jacinto Applicant. Lawrence Lavergne Mr. Richardson told the Commission that the subject request is to legalize an existing barbershop. Barbershops are permitted in an RM-H District with a specific use permit. The applicant was notified of the zoning violation by the Development Services Division. He then made application for the specific use permit. Mr. Richardson recommended approval of the request subject to the applicant adding one parking space on the site plan. Seventeen notices were mailed to property owners within 200 feet of the subject property. No responses in favor or in opposition were returned. (Commissioner Bundy left the meeting.) Slides of the property were shown. 7 �.1 1., '• Planning Commission October 18, 1999 Chairman Leister opened the public hearing and asked for the applicant's comments. Robert Allums addressed the Commission on behalf of Mr. Lavergne, the applicant. Chairman Leister asked for comments in favor or in opposition. No comments were made. The public hearing was closed. Commissioner Robinson made a motion to approve the specific use permit to allow a barbershop in an RM-H District at 2885 San Jacinto as requested in File 1476-P, subject to the addition of one parking space on the site plan. Commissioner Hallmark seconded the motion. Motion to approve carried 5:0. 6) File 1477-Z: Request for a zone change for a 200' wide tract of land from GC -MD (General Commercial -Multiple Family Dwelling) to Ll (Light Industrial) District or a more restrictive commercial district and Iand. Location: 5230 M. L. K. Parkway (former Port Arthur Highway) Applicant: Amey and Estella Wendt Mr. Richardson informed the Commission that the applicants own a 12,565 square foot building on a total of 3.359 acres. All but 1.12 acres of the property is zoned LI. The east 200 feet is zoned GC -MD. Approximately the east half of the building and the front parking lot lie in the GC -MD area. This building was built as a nightclub and has been used as such over the years. The applicants wish to use the building for an adult entertainment venue. Sexually oriented businesses are permitted in the LI District and not in the GC -MD District, thus the need for the zone change. Mr. Richardson recommended approval of the zone change. Five notices were mailed to property owners within 200 feet of the subject property. Two responses in favor and none in opposition were returned. Slides of the subject property were shown. In response to Councilmember Ames, Mr. Richardson explained the split zoning of the property. He said when the City zoned the property along M.L.K. Parkway, they wanted the frontage in that area zoned general commercial. The subject building straddles the line where the LI District ends and the GC -MD District begins. Approximately the west half of the building and the parking lot in the back are zoned LI and the east half of the building and the parking lot in front are zoned GC -MD. Planning Commission October 18, 1999 Chairman Leister opened the public hearing and asked for the applicant's comments. William Conley, attorney for the applicants, addressed the Commission. Chairman Leister asked for comments in favor or in opposition. Joan Stuessel, 245 Giles, spoke in opposition to the request. She clarified that in order to operate a sexually oriented business, the zone change must be approved. Greg Stuessel, 245 Giles, addressed the Commission in opposition to the request. R. L. Richmond, 592 Anchor, spoke in opposition to the request. Chairman Leister closed the public hearing. Rebuttal by Mr. Conley. Comments from the Commission and Council followed. Greg Stuessel addressed the Commission again and clarified that the zone change is needed for the proposed business. Councilman Davis clarified that the applicants would have to make application to operate a sexually oriented business and the zone change request was the issue at hand. Commissioner Hallmark made a motion to approve the zone change from GC -MD to Li for the property at 5230 M. L. K, Parkway as requested in File 1477-Z. Motion failed for lack of a second. Commissioner Bodwin made a motion to deny the zone change from GC -MD to LI for the property at 5230 M. L. K. Parkway as requested in File 1477-Z. Chairman Leister seconded the motion. Motion to deny carried 4:1. OTHER BUSINESS THERE BEING NO FURTHER BUSINESS, THE MEETING ADJOURNED AT 5:10 P. M. 6