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HomeMy WebLinkAbout5-18-09 PC MinutesMINUTES REGULAR MEETING AND JOINT PUBLIC HEARINGS PLANNING COMMISSION AND CITY COUNCIL City Council Chambers May 18, 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 Vice Chairman Patrick Gibbs Commissioner Sina Nejad Commissioner Marty Craig Commissioner Walter Kyles Commissioner Greg Dykeman Commissioner Chris Reed Commission members absent: Commissioner Glenn Bodwin Commissioner Ted Moor Commissioner Steven Johnson Commissioner Eddie Senigaur Councilmembers present: Mayor Pro -Tern Audwin Samuel Councilmember-at-Large Gethrel Williams -Wright Councilmember-at-Large W. L. Pate Councilmember Jamie Smith Councilmember Nancy Beaulieu 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; Tyrone Cooper, City Attorney APPROVAL OF THE MINUTES Commissioner Kyles made a motion to approve the minutes of the Regular Meeting held April 20, 2009. Commissioner Craig seconded the motion. Motion to approve. carried 7:0. Planning Commission May 1 S, 2009 REGULAR MEETING 1) Replat- Woodland Oaks Addition, Section One: Consider the Replat of Lots 16-25, Block 1, Woodland Oaks Addition, Section One and a 2.888 acre tract into Lots 16A-25A, Block 1 and Lot 4, Block 3, Woodland Oaks Addition, Section One. Location: 4835-5015 Brace Drive and 7336 Oaks Lane Applicant: Mark W. Whiteley & Associates, hie. Mr. Richardson presented the staff report. The purpose of the replat is to add additional depth to the existing lots as well as create Lot 4, Block 3. In addition, a 100' extension of Oaks Lane will be constructed to serve Lot 4. Mr. Richardson recommended approval of the request. Thirty notices were mailed to property owners within 200 feet and within the same subdivision. Two responses in favor and none in opposition were returned. Chairman Makin opened the public hearing and asked for the applicant's comments. Torn Rowe with Mark Whiteley & Associates, the applicant, addressed the Commission. Chairman Makin asked for comments in favor or in opposition. Harold Young, 995 Brace Drive, addressed the Conunission in reference to what he would be allowed to build on his property. William Kinnear, 4935 Brace Drive, addressed the Commission. Mr. Kinnear expressed concerns on the easement on the subject property. Clarence Ledet, 3465 Briar Way, addressed the Commission. The public hearing was closed. Commissioner Craig made a motion to approve the Replat - Woodland Oaks Addition, Section One at 4835-5015 Brace Drive and 7336 Oaks Lane as requested. Commissioner Kyles seconded the motion. Motion to approve carried 7:0. Planning Commission May 18, 2009 ROLL CALL JOINT PUBLIC BEARINGS Mayor Pro -Tern Samuel called the Joint Public Hearings of May 18, 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 1983-P: Request for a specific use permit to allow a tire shop in an RCR (Residential Conservation and Revitalization) District. Location: 2895 Concord Applicant: S'erafin Jaimes Mr. Richardson presented the staffreport. The applicant, Scrahn Jaimes, states that he would like to relocate his tire business to the Concord address. He will s:�ll new and used tires and perform tire repair. The business will be located in a new 1,750 sq. ft. building with related parking and will be open 7 am to 5 pm Monday through Saturday. Mr. Richardson recommended approval subject to the following conditions: There shall be no display, storage or repairs in front or along the side of the building. Provide an additional parking space that meets ADA Standards. Thirty-two notices were mailed to property owners within 200 feet. One response in favor and three in opposition were returned. Slides of the subject property were shown. Chairman Makin opened the public hearing and asked for comments in favor or in opposition. Mary Garza addressed the Commission. Ms. Garza interpreted for Mr. Jaimes. Chairman Makin asked for comments in favor or in opposition. Mary Lee, 2345 Brickyard, addressed the Commission and stated that the property has not been maintained in the past. Arden Diamantis, 2916 Concord, addressed the Commission. Rebuttal by Mr. Jaimcs. 3 Planning Commission May 18, 2009 Chairman Makin closed the public hearing. Commissioner Reed made a motion to approve a specific use permit to allow a tire shop in an RCR (Residential Conservation and Revitalization) District at 2895 Concord as requested in File 1983-P, subject to the following conditions: There shall be no display, storage or repairs in front or along the side of the building. Provide an additional parking space that meets ADA Standards. Commissioner Nejad seconded the motion. Motion to approve carried 7:0. 2) File 1985-Z-P: Request for a zone change from RS (Residential Single Family Dwelling) District to RM-H (Residential Multiple Family Dwelling -Highest Density) District and GC-MD-2 (General Commercial -Multiple Family Dwelling-2) District and a specific use permit to allow a convenience store and miscellaneous retail. Location: 2990 F. Lucas Applicant: Nga Duong Mr. Richardson presented the staff report. The subject property is located at 2990 E. Lucas and 4960-5040 Abilene. Mr. Duong owns an existing commercial building at 2916 E. Lucas. He would now like to construct another commercial building that would include a convenience store, gas pumps, self-service car wash and miscellaneous retail. He would also litre to develop apartments with frontage on Abilene, north of the commercial property. The total amount of property included in this request is 4.25 acres. The GC-MD-2 portion includes 0.24 acres and the remaining 4 acres are being requested for RM- H. Phase One of the development includes the commercial building and approximately 2 acres of apartments. The remaining 2 acres of RM-H zoning would be held for later phases of apartment development. Mr. Richardson recommended approval of the rezoning from RS to GC44D-2 and a specific use permit to allow the convenience store and miscellaneous retail and the rezoning from RS to RM-H for the N 216' of Lots 3 and 4. W. Richardson added a condition to the specific use permit: Provide the City with a joint access agreement that allows joint parking for both commercial buildings in either parking lot. Mr. Richardson recommended denial of the rezoning from RS to RM-H for Lots 5 and 6A-7D. 2 Planning Commission May t 8, 2009 The rezoning of Lot 5 and Lots 6A-7D would be too extensive of an encroachment of multifamily zoning and uses into an established single family area. Thirty-six notices were mailed to property owners within 200 feet. No responses in favor and six in opposition were returned. Slides of the subject property were shown. Discussion followed between the Commission and Mr. Richardson regarding parking. Chairman Makin opened the public hearing and asked for the applicant's comments. Charles Le addressed the Commission and answered questions. Chairman Makin asked for comments in favor or in opposition. Karen Russell, Jr., 5155 Idylwood, addressed the Commission in opposition to the request. Mrs. Miles, 5250 Abilene, addressed the Commission in opposition to the request. Rebuttal by Mr. Le. Commissioner Nej ad made a motion to deny a zone change from RS District to RM- H District and GC-MD-2 District and a specific use permit to allow a convenience store and miscellaneous retail at 2990 E. Lucas as requested in File 1985-Z-P. Discussion and clarification followed between the Commission and staff followed. Commissioner Nej ad made a motion to deny the zone change to RM-H District and approval of 50' of rezoning from RS to GC-MD-2 and the specific use permit to allow a convenience store and miscellaneous retail with the following conditions: That there be no access onto Abilene. The applicant shall provide the City with a joint access agreement. Commissioner Reed seconded the motion. Motion carried 7:0. 3) File 1986-P: Request for a specific use permit to allow a cellular tower in a GC -MD (General Commercial -Multiple Family Dwelling) District. Location: 4430 College Street Applicant: Jack Burkland for Verizon Wireless Mr. Richardson presented the staffreport. The applicant, Jack Burklund, states that Planning Commission May 18, 2009 Verizon Wireless would like to construct a 160' tall monopole cell tower and 12' x 28' equipment building on the rear of the Beaumont Tractor property. Mr. Richardson recommended approval of the request. Seven notices were mailed to property owners within 200 feet. Four responses 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. Jack Burkland with Verizon Wireless addressed the Commission. (Commissioner Dykeman abstained from File 1986-P.) Chairman Makin asked for comments in favor or in opposition. No comments were made. Chairman Makin closed the public hearing. Commissioner Kyles made a motion to approve a specific use permit to allow a cellular tower in a GC -MD District at 4430 College Street as requested in File 1986-P. Commissioner Reed seconded the motion. Motion to approve carried 6:0:1 (Dykeman). 4) File 1987-Z: Request for a zone change from RS (Residential Single Family Dwelling) District to GC-MD-2 (General Commercial -Multiple Family Dwelling-2) District. Location: 2345 Wellington Place Applicant: Taher Quraishi Mr. Richardson presented the staff report. Since the rezoning of the subject property to RS in 2004, Dr. Quaishi states that he has had difficulty in marketing the property to homebuilders. In 2004, City Council rezoned the 1.44 acres that fronted on Dowlen to GC-MD-2 and the 1.93 acres that fronted on Wellington Place to RS. In addition, a specific use permit was approved for 18,000 sq. ff. of office space on the GC-MD-2 tract. Dr. Quraishi would like to rezone the 1.93 acre tract to GC-MD-2. At this time, Dr. Quaishi does not have any definite plans for the subject property. Past concerns over commercial development backing up to Wellington Place include additional traffic on Wellington Place and flooding. Mr. Richardson recommended denial of the request. n Planning Commission May 18, 2009 Nineteen notices were mailed to property owners within 200 feet. No responses in favor and two in opposition were returned. Slides of the subject property were shown. Chairman Makin opened the public hearing and asked for the applicant's comments. Taher Quraishi, 5080 Oakmont, addressed the Commission. Chairman Makin asked for comments in favor or in opposition. Lorelei Mayer, 6280 Madison Ridge, addressed the Commission in opposition to the request because of increased trash and traffic. Kelli Smith, 6255 Madison Ridge, addressed the Commission in opposition to the request. Sharissa LaHaye, 6250 Madison Ridge, addressed the Commission in opposition to the request. Cheryl Connor, 6265 Madison Ridge, addressed the Commission in opposition to the request. David Mayer, 6280 Madison Ridge, addressed the Commission in opposition to the request. Rebuttal by Mr. Quraishi. Chairman Makin closed the public hearing. Commissioner Nejad made a motion to deny a zone change fromRS District to GC- MD-2 District at 2345 Wellington Place as requested in File 1987-Z. Commissioner Craig seconded the motion. Motion to deny carried 7:0. OTHER BUSINESS THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED AT 4:38 P. M. 7