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HomeMy WebLinkAbout10-15-07 PC MinutesMINUTES REGULAR MEETING AND JOINT PUBLIC HEARINGS PLANNING COMMISSION AND CITY COUNCIL City Council Chambers October 15, 2007 A Regular Meeting and Joint Public Hearings of the Planning Commission and City Council were held on October 15, 2007 with the following members present: Commission members present: Chairman Glenn Bodwin Vice Chairman Lynda Kay Makin Commissioner Sina Nejad Commissioner Dale Hallmark Commissioner Marty Craig Commissioner Patrick Gibbs Alternate Commissioner Randall Collins Commission members absent: Commissioner Walter Kyles Commissioner Greg Dykeman Commissioner Ted Moor Alternate Commissioner Steven Johnson Councilmembers present: Mayor Becky Ames Mayor Pro-Tem Audwin Samuel Councilmember-at-Large W. L. Pate Councilmember-at-Large Gethrel Williams -Wright Councilmember Nancy Beaulieu Councilmember Jamie Smith Councilmembers absent: Councilmember Alan Coleman Also present: Stephen Richardson, Planning Manager; Jill Cole, Recording Secretary; Adina Absbire, Planner; Tyrone Cooper, City Attorney; Chris Boone, Community Development Director APPROVAL OF THE MINUTES Commissioner Collins made a motion to approve the minutes of the Regular Meeting and Joint Public Hearings held September 17, 2007 and the minutes of the Special Meeting held September 24, 2007. Commissioner Craig seconded the motion. Motion to approve carried 7:0. Planning Commission October 15, 2007 REGULAR MEETING 1) Replat - Lots IA and 1B Wal-Mart Addition: Consider the Replat of Lot 1, Wal- Mart Addition into Lots IA and IB, Wal-Mart Addition. Location: 4115 N. Dowlen Road Applicant: NTB Associates, Inc. Mr. Richardson presented the staff report. Wal-Mart Stores is selling a 0.335 acre portion of its store site that is occupied by the Murphy USA self-service gas station. The lot is 71.9' x 202.95'. In the GC -MD District, the minimum lot width is 75'. The request was sent to all interested parties. No negative responses were received. Mr. Richardson recommended approval of the request with a variance to the minimum lot width requirement. Four notices were mailed to property owners within 200 feet. No responses in favor or in opposition were returned. Chairman Bodwin opened the public hearing and asked for the applicant's comments. Mr. Jack addressed the Commission on behalf of NTB Associates, Inc., the applicant. Chairman Bodwin 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 of Lots I and IB, Wal- Mart Addition located at 4115 N. Dowlen Road with a variance to the minimum lot width requirement. Commissioner Makin seconded the motion. Motion to approve carried 7:0. 2) Replat - Lots 1-3, Block 6, Walden Meadows, Section Three: Consider the Replat of Lot 12, Block 5, Walden Meadows, Section Two and a 0.5031 acre portion of that certain 32.433 acre Dishman Tract into Lots 1-3, Block 6, Walden Meadows, Section Three. Location: Northwest corner of Laurelwood and Champions Applicant: Mark W. Whiteley and Associates, Inc. Mr. Richardson presented the staff report. Mark Whiteley has applied for this replat so that the subject property can be developed into three single family lots. The request was sent to all interested parties. No negative responses have been received. i J 2 Planning Commission October 15 , 2007 Mr. Richardson recommended approval of the replat. Fifteen notices were mailed to property owners within 200 feet. Three responses in favor and none in opposition were returned. Chairman Bodwin opened the public hearing and asked for the applicant's comments. Mark Whiteley, the applicant, addressed the Commission. Chairman Bodwin asked for continents. Sam Parigi, 445 N. 14`t' Street, addressed the Commission The public hearing was closed. Commissioner Collins made a motion to approve the Replat of Lots 1-3, Block G, Walden Meadows, Section Three located at the northwest corner of Laurelwood and Champions. Commissioner Craig seconded the motion. Motion to approve carried 7:0. ROLL CALL JOINT PUBLIC HEARINGS Mayor Ames called the Joint Public Hearings of October 15, 2007 to order and explained the purpose of the joint hearing process and then turned the meeting over to Chairman Bodwin. He explained the policies and procedures for the hearing process. 1) File 1903-P: Request for a specific use permit to allow a physician's office in an RCR (Residential Conservation and Revitalization) District. Location: 2331 North Applicant: Dr. Mae Wesson Mr. Richardson presented the staff report. On September 17, the Planning Commission tabled this request to allow Dr. Wesson the opportunity to speak with the Old Town Neighborhood Association's Board of Directors. Dr, Wesson states that all exams will be by appointment only. Office hours are 10- 5:30. At any one time there will no more than two vehicles. While Dr. Wesson's office will not significantly impact the surrounding neighborhood, this request is another instance where a single familyresidence in the N Planning Commission l y October 15, 2007 Old Town neighborhood is converted into a commercial use. To stop this encroachment, the rezoning of much of the Old Town area to RS should be undertaken in the near future. Mr. Richardson recommended approval of the request, subject to the following condition: Parking must be provided in the rear yard of the subject property or the applicant must obtain a special exception to the parking requirement from the Board of Adjustment. and with modifications to the landscaping/screening requirements along the east, west and south sides of the property. Seventeen 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. Chairman Bodwin opened the public hearing and asked for the applicant's continents. Dr. Mae Wesson, the applicant, addressed the Commission and answered questions. Chairman Bodwin asked for comments in favor or in opposition. Paula Blazek, 2534 Long, addressed the Commission and read a prepared statement from the Oaks Historic District Neighborhood Association. The public hearing was closed. Commissioner Hallmark made a motion to approve a specific use permit to allow a physician's office in an RCR District at 2331 North as requested in File 1903-P, subject to the following condition: • Parking must be provided in the rear yard of the subject property or the applicant must obtain a special exception to the parking requirement from the Board of Adjustment. and with modifications to the landscaping/screening requirements along the east, west and south sides of the property. Commissioner Nejad seconded the motion. Motion to approve carried 5:2 (Craig, Makin). 4 Planning Commission October 15, 2007 2) File 1910-P: Request for a specific use permit to allow a church in an NC (Neighborhood Commercial) District. Location: 5250 Helbig Road Applicant: Pentecostal Christ Holy Sanctified Church, Inc. Mr. Richardson presented the staff report. The Pentecostal Christ Holy Sanctified Church has applied for this specific use permit to allow them to construct a new church on the subject property. The church's original structure on Black Lane was destroyed by Hurricane Rita. The church currently has a membership of 75. There will be three weekly worship meetings on Sunday, Tuesday and Thursday. Mr. Richardson recommended approval subject to the following conditions: • Provide a 6' wide landscape strip along the parking lot frontage along Helbig. • Provide an WWI wood screening fence and a 10' wide landscape strip along the north and east sides of the property. and with a modification to the requirement of landscape islands in the parking lot. Twenty-six notices were mailed to property owners within 200' of the subject property. No responses in favor or in opposition were returned. Slides of the subject property were shown. Chairman Bodwin opened the public hearing and asked for the applicant's comments. Reverend Phillip Battles, the applicant, addressed the Commission and answered questions regarding fencing and landscaping. Chairman Bodwin asked for comments in favor or in opposition. No comments were made. The public hearing was closed. Discussion followed between the Commission and staff. Commissioner Nejad made a motion to approve a specific use permit to allow a church in an NC District at 5250 Helbig Road as requested in File 1910-P subject to the following conditions: • Provide a 6' wide landscape strip along the parking lot frontage along Helbig Road • A 10' wide landscape strip along the north and east sides of the property W Planning Commission October 15, 2W7 and with a modification to the requirement of an 8' tall wood screening fence along the north and east sides of the property (unless a formal complaint is made by the adjacent property owners) and to the requirement of landscape islands in the parking lot (no additional landscape islands). Commissioner Gibbs seconded the motion. Motion to approve carried 7:0. 3) File 1911-P: Request for a specific use permit to allow a drinking place in a CBD (Central Business District). Location: 650 Orleans Street Applicant: Christin Lowrey Mr. Richardson presented the staff report. Christin Lowrey and Sybil Hartsfield have applied for a specific use permit to allow them to operate the Orleans Street Pub and Patio. The business will be open seven days a week from 5 p.m. to 2 a.m. Mr. Richardson recommended approval subject to the following condition: There will be no BYOB as part of the operation of the business. Twenty-one 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. Chairman Bodwin opened the public hearing and asked for the applicant's comments. Christin Lowrey, the applicant, addressed the Commission. Chairman Bodwin asked for continents in favor or in opposition. Isaac Cheatham, 6320 Wayside, addressed the Commission in favor to the request. Mr. Cheatham owns the Taste of Orleans restaurant located next door to the proposed pub. The public hearing was closed. Commissioner Hallmark made a motion to approve a specific use permit to allow a drinking place in a CBD (Central Business District) at 650 Orleans Street as requested in File 1911-P, subject to the following condition: There will be no BYOB as part of the operation of the business. Commissioner Craig seconded the motion. Motion to approve carried 7:0. 6 Planning Commission Oelober 15, 2007 4) File 1912-P: Request for a specific use permit to allow an apartment complex in a GC-MD-2 (General Commercial -Multiple Family Dwelling-2) District. Location: East side of N. Major Drive, south of Old Major Drive Applicant: Fittz & Shipman, Inc. Mr. Richardson presented the staff report. Seneca Management, Inc. is proposing to construct an 18 building apartment complex. The complex will include a club house and swimming pool. Access will be off a proposed east -west public street to be constructed. Mr. Richardson recommended approval of the request. Six 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. Chairman Bodwin opened the public hearing and asked for the applicant's comments. John Holm with Fittz & Shipman, the applicant, addressed the Commission. Tom Michaels with Seneca Management, Inc. addressed the Commission. Mr. Michaels stated that there are 288 units in the proposed complex. The construction project will take 14-15 months to complete. Chairman Bodwin asked for comments in favor or in opposition. No comments were made. The public hearing was closed. Commissioner Gibbs made a motion to approve a specific use permit to allow an apartment complex in a GC-MD-2 located on the east side of N. Major Drive, south of Old Major Drive as requested in File 1912-P. Commissioner Makin seconded the motion. Motion to approve carried 7:0. 5) File 1913-P: Request for a specific use permit to allow a coffee house in a CBD (Central Business District). Location: 493 Pearl Street Applicant: Joey Crawford Mr. Richardson presented the staff report. Joey and Tanya Crawford wish to operate a coffee house that will sell coffee and tea drinks, offer daily and weekly newspapers, provide a location for wireless internet access and be available for meetings, art shows for local artists and live music. The coffee house will be open 6:30 a.m. to 3 p.m. Monday - Wednesday and 6:30 a.m. to 10 p.m. Thursday - Saturday. 7 Planning Commission October 15, 2007 Mr. Richardson recommended approval of the request. 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. Chairman Bodwin opened the public hearing and asked for the applicant's comments. Joey and Tanya Crawford, the applicants, addressed the Commission. Chairman Bodwin asked for comments in favor or in opposition. No comments were made. The public hearing was closed. Commissioner Makin made a motion to approve a specific use permit to allow a coffee house in a CBD (Central Business District) at 493 Pearl Street as requested in File 1913-P. Commissioner Craig seconded the motion. Motion to approve carried 7:0. OTHER BUSINESS Workshop and recommend to staff on whether to proceed with amending the Zoning Ordinance to allow electronic reader board owner identification signs. Mr. Richardson stated that the Planning Division continues to get inquiries about electronic reader board owner identification signs. Several months back, electronic off -premise advertising signs were allowed. When requests for electronic owner identification signs have been made, they have been denied because all other signs with intermittent illumination are prohibited. The difference between owner identification signs and off -premise advertising is that the City has a finite number of off -premise signs. Owner identification signs could mean unlimited placement throughout the City. Due to continued requests, staff felt it necessary to bring up the subject once more and ask for direction from the Planning Commission. Discussion followed between staff, the Commission and Council. Kevin Hudspeth of Walgreen's addressed the Commission in favor of electronic reader board signs. J Planning Commission October 15, 2007 Further discussion followed and the Commission asked staff to make a recommendation for an ordinance amendment at the next meeting. • Appointment of two Planning Commission members to a committee to consider and recommend zoning changes in Old Town Neighborhood. This workshop item was tabled. THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED AT 4:25 P. M. 0