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HomeMy WebLinkAbout6-15-09 PC MinutesMINUTES REGULAR MEETING AND JOINT PUBLIC HEARINGS PLANNING COMMISSION AND CITY COUNCIL City Council Chambers June 15, 2009 A Regular Meeting and Joint Public Hearings of the Planning Commission and City Council were held on May 18, 2009 with the following members present: Commission members present: Chairman Lynda Kay Makin Commissioner Glenn Bodwin Commissioner Sina Nejad Commissioner Marty Craig Commissioner Ted Moor Commissioner Steven Johnson Commission members absent: Vice Chairman Patrick Gibbs Commissioner Walter Kyles Commissioner Greg Dykeman Commissioner Chris Reed Commissioner Eddie Senigaur Councilmembers present: Mayor Pro-Tem Audwin Samuel Councilmember-at-Large Gethrel Williams -Wright Councilmember-at-Large W. L. Pate Councilmember Nancy Beaulieu Councilmember Jamie Smith Councilmembers absent: Mayor Becky Ames Councilmember Alan Coleman Also present: Stephen Richardson, Planning Manager; Jill Cole, Recording Secretary; Adina Ward, Planner; Chris Boone, Community Development Director; Quentin Price, Assistant City Attorney APPROVAL OF THE MINUTES Commissioner Craig made a motion to approve the minutes of the Regular Meeting held May 18, 2009. Commissioner Bodwin seconded the motion. Motion to approve carried 6:0. N Planning Commission June 15, 2009 REGULAR MEETING 1) Re lat - Lots 7 & 8 Block 1 Rosewood Addition: Consider the Replat of Lots 7 & 8, Block 1, Rosewood Addition and a 0.5962 acre tract into Lots 7A & 8A, Block 1, Rosewood Addition. Location: 6030 and 6050 Marcus Drive Applicant: Mark W. Whiteley & Associates, Inc. Mr. Richardson presented the staff report. Tom Rowe, with Mark Whiteley & Associates, has applied for a replat of Lots 7 & 8, Block 1 of the Rosewood Addition and a %z acre tract into Lots 7A & 8A, Block 1, Rosewood Addition. Mr. Rowe states that the purpose of this replat is to relocate the lot line between the existing Lots 7 and 8 as well as incorporate additional tracts outside the original subdivision that the owners have purchased over the years. Five notices were mailed to property owners within 200 feet. No responses in favor or in opposition were returned. Mr. Richardson recommended approval of the request. Chairman Makin opened the public hearing and asked for the applicant's comments. Tom Rowe with Mark Whiteley & Associates, the applicant, addressed the Commission. Chairman Makin asked for continents in favor or in opposition. No comments were made. The public hearing was closed. Commissioner Bodwin made a motion to approve the Replat - Lots 7 & 8, Block 1, Rosewood Addition located at 6030 and 6050 Marcus Drive. Commissioner Craig seconded the motion. Motion to approve carried 6:0. 2) Replat - Lots 6A and 6B, Unit One, Pine Island Bayou Estates: Consider the Replat of Lot 6, Block B, Unit One, Pine Island Bayou Estates into Lots 6A & 6B, Unit One, Pine Island Bayou Estates. Location: 1120 and 1130 Sherwood Drive Applicant: Faust Engineering & Surveying, Inc. Mr. Richardson presented the staff report. Richard Faust, representing the owner, has applied for a replat of Lot 6, Block B, Unit One, Pine Island Bayou Estates into Lots 6A and 6B. 2 v� Planning Commission June 15, 2009 The subject property is currently vacant. The owner would like to subdivide the property into two 0.17 acre lots. Sixteen notices were mailed to property owners within 200 feet. No responses in favor or in opposition were returned. Chairman Makin opened the public hearing and asked for the applicant's comments. Jeremy Mitchell with Faust Engineering addressed the Commission. Chairman Makin 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 - Lots 6A and 6B, Unit One, Pine Island Bayou Estates located at 1120 and 1130 Sherwood Drive. Commissioner Bodwin seconded the motion. Motion to approve carried 6:0. ROLL CALL JOINT PUBLIC HEARINGS Mayor Pro-Tem Samuel called the Joint Public Hearings of June 15, 2009 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 1988-P: Request for an amended specific use permit to allow the expansion of a charter school in a GC -MD (General Commercial -Multiple Family Dwelling) District. Location: 4069 - 4079 Calder Avenue Applicant: Harmony Science Academy Mr. Richardson presented the staff report. In 2007, City Council approved a specific use permit to allow the Harmony Science Academy to operate in a former Market Basket at 4055 Calder. The school teaches students in the K-10 grade levels. Since its opening, the school has been rated Recognized in 2008 by the Texas Education Agency. Ahmet Cetinkaya, the principal, states that the school would now like to expand into a 4,200 sq. ft. vacant commercial building that is located northwest of the school's current location. The building will be used for additional classrooms. The building is located on the same property as the school. Pluming Commission June 15, 2009 The school has plans to construct a wrought iron fence along the north, east and south sides of the property. Along the west property line, an 8' tall wood fence is to be constructed. Originally, the school had plans to fence off all driveways except for the one on Phelan. The Transportation Engineer submitted comments concerning leaving one driveway open on Calder, the one on 241 Street, and the one on Phelan. The school is in agreement with this. Mr. Richardson recommend approval subject to leaving one driveway open on Calder, one driveway open on 24' Street and one driveway open on Phelan. Thirty seven 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. Commissioner Nejad stated that he would be abstaining from File 1988-P. Chairman Makin opened the public hearing and asked for the applicant's comments. Ahmet Cetinkaya, representing Harmony Science Academy, addressed the Commission. Chairman Makin asked for comments in favor or in opposition. No comments were made. The public hearing was closed. Commissioner Bodwin made a motion to approve an amended specific use permit to allow the expansion of a charter school in a GC -MD District at 4069 - 4079 Calder Avenue as requested in File 1988-P, subject to leaving one driveway open on Calder, one driveway open on 24'h Street and one driveway open on Phelan. Commissioner Craig seconded the motion. Motion to approve carried 5:0:1 (Nejad). 2) File 1989-Z: Request for a zone change from RS (Residential Single Family Dwelling) District to RM-M (Residential Multiple Family Dwelling -Medium Density) District or more restrictive district. Location: 3840 Travis Applicant: Nutrition & Services for Seniors Mr. Richardson presented the staff report. Frank Tobias, representing Nutrition & Services for Seniors, states that the need for their services has grown tremendously over the last few years. Their existing facility at 4590 Concord includes a 4 i Planning Commission June 15, 2009 congregate center, kitchen facilities, office facilities and parking. The subject property is directly behind Nutrition's facility. In 1997, City Council approved a rezoning and a specific use permit to allow the expansion of Nutrition's building and parking lot. Nutrition and Services is now in need of additional parking. The subject property will be used for that purpose. At such time that Nutrition is ready for the parking lot, they will apply for a specific use permit. Mr. Richardson recommend approval of the request. Twenty-five notices were mailed to property owners within 200 feet of the subject property. One response in favor and none in opposition were returned. Slides of the subject property were shown. Chairman Makin.opened the public hearing and asked for the applicant's comments. Frank Tobias addressed the Commission. Chairman Makin asked for comments in favor or in opposition. Troy White, 4495 Horn, addressed the Commission. M. I Goolsby, 3 865 Travis, addressed the Commission in opposition to the request. Hubert McCray, 3825 Acorn Circuit, addressed the Commission. Rebuttal by Mr. Tobias. Chairman Makin closed the public hearing. Commissioner Nejad made a motion to approve a zone change from RS District to RM-M District for the property at 3840 Travis as requested in File 1989-Z. Commissioner Craig Reed seconded the motion. Motion carried 6:0. Commissioner Nejad recommended that the applicant make an effort to keep noise from deliveries to a minimum as a consideration to the surrounding neighbors. 3) File 1990-Z: Request for a zone change from RS (Residential Single Family Dwelling) District to RM-H (Residential Multiple Family Dwelling Highest Density) District. Location: 5875 E. Major Drive Applicant: Cornell Price III Planning Commission June15,2009 Mr. Richardson presented the staff report. Cornell Price has applied for a zone change to allow him to construct a small apartment complex on the subject property. Mr. Price states that the apartment complex would consist of 10 to 16 units. The subject property is adjacent to single family uses on the south and west. RS zoning surrounds the property. The nearest RM-H zoning on the north side of Hwy. 105 is located on Alpine Circle. South of Hwy. 105, the nearest RM-H zoning is located approximately 415' to the east and is occupied by a church. In 2004, a request to rezone this property to GC -MD was denied by City Council. This request could be considered spot zoning. Four issues must be resolved to determine whether a spot zoning situation exists. The zone change does not meet any of the four conditions. The property is surrounded by RS zoning. The zone change would be inconsistent with the surrounding area. Also, there is nothing about the property that would prohibit it from being developed as single family. Mr. Richardson recommended denial of the request. Eleven notices were mailed to property owners within 200 feet. One response 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. Cornell Price, the applicant, addressed the Commission. Chairman Makin asked for comments in favor or in opposition. No comments were made. Chairman Makin closed the public hearing. Commissioner Moor made a motion to deny a zone change from RS District to RM- H District for the property at 5875 E. Major Drive as requested in File 1990-Z. Commissioner Johnson seconded the motion. Motion to deny carried 6:0. OTHER BUSINESS THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED AT 3:58 P. M. .9