Loading...
HomeMy WebLinkAbout9-17-07 PC MinutesMINUTES REGULAR MEETING AND JOINT PUBLIC HEARINGS PLANNING COMMISSION AND CITY COUNCIL City Council Chambers September 17, 2007 A Regular Meeting and Joint Public Hearings of the Planning Commission and City Council were held on September 17, 2007 with the following members present: Commission members present: Chairman Glenn Bodwin Vice Chairman Lynda Kay Makin Commissioner Dale Hallmark Commissioner Marty Craig Commissioner Walter Kyles Commissioner Ted Moor Commissioner Patrick Gibbs Alternate Commissioner Randall Collins Commission members absent: Commissioner Sina Nejad Commissioner Greg Dykeman Alternate Commissioner Steven Johnson Councilmembers present: Mayor Becky Ames Mayor Pro-Tem Audwin Samuel Councilmember Alan Coleman Councilmember Jamie Smith Councilmembers absent: Councilmember-at-Large W. L. Pate Councilmember-at-Large Gethrel Williams -Wright Councilmember Nancy Beaulieu Also present: Stephen Richardson, Planning Manager; Jill Cole, Recording Secretary; Adina Abshire, Planner; Tom Warner, Public Works Director; Tyrone Cooper, City Attorney; Chris Boone, Development Services Manager; Kyle Hayes, City Manager APPROVAL OF THE MINUTES Commissioner Hallmark made a motion to approve the minutes of the Regular Meeting and Joint Public Hearings held August 20, 2007. Commissioner Craig seconded the motion. Motion to approve carried 8:0. Planning Commission Seplember 17 , 2007 REGULAR MEETING 1) Replat - Lots 12A and 12B, Langeo Industrial Park: Consider the Replat of Lot 12, Langco Industrial Park into Lots 12A and 12B, Langco Industrial Park. Location: Approximately 650' east of Langham and approximately 687' north of College Applicant: Fittz & Shipman, Inc. Mr. Richardson presented the staff report. The subject request is for the replatting of Lot 12 into Lots 12A and 12B. Both lots will exceed the minimum lot area, depth and width requirements. The request was sent to all interested parties. No negative responses were received. Mr. Richardson recommended approval of the request. Thirteen notices were mailed to property owners within the subdivision and within 200 feet. One response in favor and none in opposition were returned. Chairman Bodwin opened the public hearing and asked for the applicant's comments. John Holm with Fittz & Shipman, Inc., addressed the Commission. Chairman Bodwin asked for comments in favor or in opposition. No continents were made. The public hearing was closed. Commissioner Craig made a motion to approve the Replat of Lot 12, Langco Industrial Park into Lots 12A and 12B, Langco Industrial Park as requested. Commissioner Makin seconded the motion. Motion to approve carried 8:0. 2) Preliminary Plat -Metropolitan Park Garden Homes: Consider the Preliminary Plat of Metropolitan Park Garden Homes out of the H. Williams Survey, Ab. No. 56. Location: Metropolitan Drive Applicant: Leap Engineering, Inc. Mr. Richardson presented the staff report. Metropolitan Park Garden Homes is a 4 acre, 13 lot single family residential subdivision. In June, the Planning Commission approved a preliminary plat ofMetropolitan Park as a zero lot line concept. Since then, the developer has decided against the zero lot line concept. However he is requesting a variance to the minimum front yard building setback from 25' to 10'. 1 2 Planning Commission Seplember 17 , 2007 The property is being developed with garden homes. This type of development is typically developed with minimal yards. The lots are accessed by rear alleys. All garages will be rear loaded with no driveways to the front yards. Mr. Richardson recommended approval subject to the following conditions and with a waiver of the temporary cul-de-sac requirement at the end of Metropolitan Drive: • Label the size of the water and sewer lines and show their location. (Planning) • Put a note on the plat that prohibits the construction of any structures within the 15' rear building setback. (Planning) • Show all radii. (Engineering) • Drainage plans must be approved by DD#6. (Engineering) • The existing 10' exclusive water line easement will need to be adjusted in the southeast corner of the property. The existing 8" water line should not be within the existing water line easement. (Water Utilities) and with a variance to the minimum front yard building setback from 25' to 10'. Chairman Bodwin asked for the applicant's continents. Amalia Villarreal with LEAP Engineering, Inc., addressed the Commission. Bryan Lee, the developer, also addressed the Commission. Commissioner Craig made a motion to approve the Preliminary Plat of Metropolitan Park Garden Homes, subject to the following conditions and with a waiver of the temporary cul-de-sac requirement at the end of Metropolitan Drive: • Label the size of the water and sewer lines and show their location. (Planning) • Put a note on the plat that prohibits the construction of any structures within the 15'rear building: setback. (Planning) Show all radii. (Engineering) • Drainage plans must be approved by DD#6. (Engineering) • The existing 10' exclusive water line easement will need to be adjusted in the southeast corner of the property. The existing 8" water line should not be within the existing water line easement. (Water Utilities) and with a variance to the minimum front yard building setback from 25' to 10'. Commissioner Makin seconded the motion. Motion to approve carried 8:0. 3 Planning Commission September 17, 2007 3) Preliminary Plat - Shammah Stone II: Consider the Preliminary Plat of Shammah Stone II; 13.428 acres out of the D. Easley League, Ab. No. 20. Location: North of Tram Road at Major Drive Applicant: Soutex Surveyors, Inc. Mr. Richardson presented the staff report. Shammah Stone II is a 13.4 acre, 22 lot single family residential subdivision. The property is located on the north side of Tram, west of the intersection with N. Major Drive. The applicant is requesting a variance to the front yard building setback. The plat shows 20'. The lots have more than adequate lot depth and area to accommodate a 25' building setback. The applicant is also requesting a variance to the maximum length allowed for a cul-de-sac street. The property backs up to a 140' wide DD#6 drainage easement. Mr. Richardson recommended approval subject to the following conditions and the additional conditions submitted by Water Utilities and with a variance to the maximum cul-de-sac length requirement: • Provide a 25' front yard building setback. (Planning) • Revise the preliminary plat to take Lots 11, 12 and 13 out of DD#6's drainage easement. (DD#6) • At the outfall pipe, show DD#6's standard erosion details at the tie-in at Griffin Ditch. (DD#6) • Show the water and sanitary sewer lines on the plat. (Water Utilities) • The proposed water line will need to be looped to Church Road. (Water Utilities) • The proposed sanitary sewer main must be located seven feet to the back of the curb. (Water Utilities) • The proposed water line will need to be in an exclusive 10' water line easement once it leaves the right-of-way. Between the lot lines the water line will need to be cased unless it is in a 20' exclusive water line easement. (Water Utilities) • If the water line is placed within the DD#6 right-of-way, then a copy of the agreement must be submitted to the Water Utilities Department. (Water Utilities) Chairman Bodwin asked for the applicant's comments. Will Larrain of DP Consulting Engineers, Inc., addressed the Commission. Commissioner Moor made a motion to approve the Preliminary Plat of Shammah Stone If as requested subject to to the following conditions and with a variance to the maximum cul-de-sac length requirement: 4 Planning Commission September 17 , 2007 • Provide a 25' front yard building setback. (Planning) • Revise the preliminary plat to take Lots 11, 12 and 13 out of DD#6's drainage easement. (DD#6) • At the outfall pipe, show DD#6's standard erosion details at the tie-in at Griffin Ditch. (DD#6) • Show the water and sanitary sewer lines on the plat. (Water Utilities) • The proposed water line will need to be looped to Church Road. (Water Utilities) • The proposed sanitary sewer main must be located seven feet to the back of the curb. (Water Utilities) • The proposed water line will need to be in an exclusive 10' water line easement once it leaves the right-of-way. Between the lot lines the water line will need to be eased unless it is in a 20' exclusive water line easement. (Water Utilities) • If the water line is placed within the DD#f6 right-of-way, then a copy of the agreement must be submitted to the Water Utilities Department. (Water Utilities) Commissioner Moor suggested that sidewalks be installed. Commissioner Gibbs seconded the motion. Motion to approve carried 8:0. 4) Preliminary Plat - Doguet's Diamond D Ranch, Phase 1: Consider the Preliminary Plat of Doguet's Diamond D Ranch, Phase 1; 51.38 acres out of the James Gerish, Jr. League, A-25 and the James Gerish, Sr. League, A-24. Location: South of Highway 90, west of Rice Field Road Applicant: Fittz & Shipman, Inc. Mr. Richardson presented the staff report. Doguet's Diamond D Ranch, Phase I, is a 51.38 acre, commercial and single family residential subdivision in the City's ETJ. The property is located on the south side of Highway 90, west of Rice Field Road. The applicant states that the entry road is anticipated to continue south as shown with future extension to the west with an ultimate connection to Green Pond Gully Road and a future road to the south -of the development. The applicant is requesting variances to the maximum cul-de-sac length requirement, the block length requirement and to the minimum lot area requirement. He is also requesting a waiver of the temporary turn -around at the end of Street A. Most of the lots are less than one acre in size. Lot sizes for residential subdivisions in the ETJ must be a minimum of one acre in size. Planning Commission September 17 , 2007 Mr. Richardson recommended approval of the preliminary plat subject to the following conditions and with variances to the cul-de-sac street length requirement for Street C and to the block length requirement for Block 1 and a variance to the minimum lot area requirement: • Show street names. (Planning) • Provide fire hydrants to conform with Fire Marshall's requirements. (Fire) • Plat of Phase I shall include the outfall ditch to the receiving ditch. (Engineering) • Approval of access shall be required by TxDot. (Engineering) • Approval of drainage will be required by TxDot and DD#6. Show how the receiving ditch can handle additional flow. (Engineering) • Show existing utilities and drainage along Highway 90. (Engineering) • Show radius of street intersection at Highway 90. (Engineering) • Show the proposed water line in a 10' exclusive water line easement. (Water Utilities) • The subdivision plans will show a temporary drainage ditch of adequate size to be constructed from the south end of the entrance road to the District's outfall along the south side of the property. (DD#6) • This ditch will require an adequate size culvert at the tie-in point of the District's outfall which will allow the District access along the north side of the outfall. (DD#6) • The culvert will require DD96's typical erosion measures. (DD#6) • The drainage ditch will be maintained by the landowner and a statement will be shown on the final plat indicating same. (DD#6) • The developer will donate additional easements along the ditch which runs along the south side of the property which will be adequate to provide 25' of top access and 3 to 1 side slopes on the ditch. (DD#6) Chairman Bodwin asked for the applicant's comments. Don King with Fittz & Shipman, Inc., the applicant, addressed the Commission and answered questions. Commissioner Craig made a motion to approve the Preliminary Plat of Doguet's Diamond D Ranch, Phase 1 subject to the following conditions and with variances to the cul-de-sac street length requirement for Street C and to the block length requirement for Block 1 and a variance to the minimum lot area requirement: • Show street names. (Planning) • Provide fire hydrants to conform with Fire Marshall's requirements. (Fire) • Plat of Phase I shall include the outfall ditch to the receiving ditch. (Engineering) • Approval of access shall be required by TxDot. (Engineering) 2 Planning Commission September 17 , 2007 • Approval of drainage will be required by TxDot and DD#6. Show how the receiving ditch can handle additional flow. (Engineering) • Show existing utilities and drainage along Highway 90. (Engineering) • Show radius of street intersection at Highway 90. (Engineering) • Show the proposed water line in a 10' exclusive water line easement. (Water Utilities) • The subdivision plans will show a temporary drainage ditch of adequate size to be constructed from the south end of the entrance road to the District's outfall along the south side of the property. (DD#6) • This ditch will require an adequate size culvert at the tie-in point of the District's outfall which will allow the District access along the north side of the outfall. (DD#6) • The culvert will require DD#6's typical erosion measures. (DD#6) • The drainage ditch will be maintained by the landowner and a statement will be shown on the final plat indicating same. (DD#6) • The developer will donate additional easements along the ditch which runs along the south side of the property which will be adequate to provide 25' of top access and 3 to 1 side slopes on the ditch. (DD#6) Commissioner Makin seconded the motion. Motion to approve carried 8:0. 5) Preliminary Plat - Faith Estates: Consider the Preliminary Plat of Faith Estates; Phase I; 17.355 acres out of the T. Spears Survey, A-50 and the H. P. Savery Survey, A-47. Location: South of Plant Road, west of Helbig Applicant: Fittz & Shipman, Inc. Mr. Richardson presented the staff report. This item is a request for preliminary plat approval of Faith Estates, Phase I, a 17.35 acre, 68 lot single family residential subdivision. The property is located on the south side of Plant Road, west of Helbig. 1. Access to Plant Road will be provided by two local streets with 50' wide rights -of - way and 27' pavement widths. The property owner is requesting a variance to the minimum width of a collector street. Woodland Meadows, Section One, when platted, left two 50' wide tracts fronting on Plant Road. These unplatted tracts were to provide access onto Plant Road for future development. The Subdivision Regulations require that a street serving more than 64 lots but less than 450 be built with a minimum 60' wide right-of-way and a 36' wide pavement. Mr. Richardson recommended approval of the plat subject to the following conditions: Provide fire hydrants to meet the requirements of the Fire Marshall. (Fire) }, 7 Planning Commission September 17 , 2007 • Change the names of Faith and Hope Streets. Those names are duplicates. (Fire) • Hydraulics analysis needs to show 5 and 10 year frequencies. Receiving stream shall be analysis for additional flow. (Engineering) • Run the proposed water and sanitary sewer lines back to Helbig Road within a 25' exclusive water utility easement closer to the end of Phase III. (Water Utilities) • The proposed 50' utility easement and any other easements for Water Utilities which are required to be constructed with Phase I must be recorded on the Final Plat with Phase I. (Water Utilities) • The outfall pipe which flows easterly under Helbig will be constructed with concrete erosion measures at each end, and will be approved by the City of Beaumont's Engineering Department and DD#6. (DD#6) and with variances to the minimum lot depth of Lot 4, Block 2, to the minimum collector width requirements, and to the temporary cul-de-sac turnaround requirement at the end of Peace. Chairman Bodwin asked for the applicant's comments. Don King with Fittz & Shipman, Inc. addressed the Commission. Commissioner Hallmark made a motion to approve the Preliminary Plat of Faith Estates, Phase located south of Plant Road and west of Helbig subject to the following conditions: • Provide fire hydrants to meet the requirements of the Fire Marshall. (Fire) • Change the names of Faith and Hope Streets. Those names are duplicates. (Fire) • Hydraulics analysis needs to show 5 and 10 year frequencies. Receiving stream shall be analysis for additional flow. (Engineering) Run the proposed water and sanitary sewer lines back to Helbig Road within a 25' exclusive water utility easement closer to the end of Phase III. (Water Utilities) • The proposed 50' utility easement and any other easements far Water Utilities which are required to be constructed with Phase I must be recorded on the Final Plat with Phase I. (Water Utilities) The outfall pipe which flows easterly under Helbig will be constructed with concrete erosion measures at each end, and will be approved by the City of Beaumont's Engineering Department and DD#6. (DD#6) and with variances to the minimum lot depth of Lot 4, Block 2, to the minimum collector width requirements, and to the temporary cul-de-sac turnaround requirement at the end of Peace. 1 Commissioner Kyles seconded the motion. Motion to approve carried 7:1(Moor). Planning Commission September 17 , 2007 ROLL CALL JOINT PUBLIC HEARINGS Mayor Ames called the Joint Public Hearings of September 17, 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 719-0B: Request for an amendment to Chapter 30, Zoning Ordinance, by adding Section 30-23.2 to create the Neighborhood Design Overlay District and the regulations that would govern said overlay district. Location: 500, 600, 700, 800 blocks of 19"' Street, 500, 600, 700, 800 blocks of 200' Street, 500, 600, 700, 800 blocks of 2l't Street, 500, 600, 700, 900 blocks of 22" Street, 500, 600, 700, 800 blocks of 23`d Street, unknown North, 3925-3997 North and 3920-3990 North Applicant: City of Beaumont Planning Division Mr. Boone presented the staff report. This item is a request for an amendment to Chapter 30, Zoning Ordinance by adding Section 30-23.2 to create the Neighborhood Design Overlay District and the regulations that would govern said overlay district. During the summer, staff met several times with the Calder Place 1929 neighborhood. The purpose of these meetings was to address concerns that a number of residents have brought up over infill development and parking in the front yards. More specifically, the residents have noticed that some new development within the neighborhood has not been compatible with the existing homes with regard to setbacks and scale. This issue has become more common as bigger houses are being built in inner -ring suburbs in many cities. During the meetings staff presented a number of alternatives for the residents to consider. It was the desire of the neighborhood to initially address the setbacks, scale and parking in the front yard. The proposed amendment to the Zoning Ordinance would create the regulations for the Neighborhood Design Overlay District and overlay that district on the 500-800 Blocks of 19'", 20", 21", 22" and 23rd Streets and one vacant lot on North and 3925- 3997 North and 3020-3990 North. The overlay district will maintain the underlying zoning while adding additional provisions for controlling size, height and shape. The most significant aspect of this overlay would be the creation of a new type of building setback known as a setback plane. This plane would essentially create a tent that would restrict upper stories of a house from towering over adjacent properties. The tent would have 15' high sides with the top of the tent angled upward at 45 degrees. In addition to the new side and rear yard setback planes, a Planning Commission Seplember 17 , 2007 new type of front yard setback would be established requiring that the front yard would be determined by the average front yard setback of neighboring lots. Parking in the front and side yards would not be allowed on grass or unpaved areas. The Planning Manager recommended approval of the ordinance amendment. 167 notices were mailed to property owners within the proposed overlay district. Chairman Bodwin opened the public hearing and asked for comments. Candye Anderson, 685 19" Street, addressed the Commission and Council in favor on behalf of the Calder Place 1929 neighborhood and thanked City staff for their consideration and help with the proposed amendment. Nancy Staub, 790 19" Street, addressed the Commission in favor of the request. Cheryl Olesen, 595 2151 Street, addressed the Commission in favor of the request. Rebecca Tate, 645 20" Street, addressed the Commission in favor of the request. Tana Franklin, 690 21sh. Street, addressed the Commission in favor of the request. Dusty Young, 806 22" Street, addressed the Commission in favor of the request. Randy Kura, 580 2151 Street, addressed the Commission in favor of the request. Don Benton, 895191" Street, addressed the Commission in opposition to the request. Mr. Benton stated that he felt the neighborhood is unique because all the houses are different. Mr. Boone answered questions regarding the specifics of the overlay regulations. The public hearing was closed. Commissioner Craig made a motion to approve an amendment to Chapter 30, Zoning Ordinance, by adding Section 30-23.2 to create the Neighborhood Design Overlay District and the regulations that would govern said overlay district located in the 500, 600, 700, 800 blocks of 19"' Street, 500, 600, 700, 800 blocks of 20' Street, 500, 600, 700, 800 blocks of 21" Street, 500, 600, 700, 800 blocks of 22nd Street, 500, 600, 700, 800 blocks of 23`d Street, unknown North, 3925-3997 North and 3920-3990 North as requested in File 719-OB. Commissioner Makin seconded the motion. Motion to approve carried 8:0. 2) File 720-OB: Request for an amendment to Chapter 30, Zoning Ordinance, by amending Section 30-4 (b), amending Section 30-24 (b) Permitted Use Table, and adding Section 30-33 (b) 25, regulations for portable on demand storage containers (PODS). i; Applicant: City of Beaumont Planning Division 10 Planning Commission September 17, 2007 In August, the Planning Commission workshopped portable on demand storage units or PODS. A POD is not currently defined in the Zoning Ordinance. The Zoning Ordinance does not differentiate between storage containers that are designed for portable use and other accessory storage structures or sheds, portable storage containers are currently regulated in the same manner as sheds. Under the current Zoning Ordinance, an accessory storage structure is not permitted within a front yard building setback. Because of the unique nature of PODS, staff believes that it is appropriate to clearly distinguish these uses from other accessory storage uses in residential districts. Staff proposes that a POD may be located within the city for a period of no more than 30 days. Such container shall not be located on a property more than two times per 30 calendar day period. No POD may be located closer than 5 feet to the property line unless placed on an existing impervious driveway. No container shall be placed on city right-of-way. In the event of fire, hurricane or natural disaster causing substantial damage to the dwelling structure, the property owner may apply for up to two 30 day extensions. Mr. Richardson recommended approval of the request. Chairman Bodwin opened the public hearing and asked for comments. Donna Wade, owner of the local PODS franchise, addressed the Commission and briefly described how the storage container rental will operate. Discussion followed between the Commission and staff. 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 an amendment to Chapter 30, Zoning Ordinance, by amending Section 30-4 (b), amending Section 30-24 (b) Permitted Use Table, and adding Section 30-33 (b) 25, regulations for temporary portable storage containers as requested in File 720-OB with the conditions that the company's website be permitted on the container and the maximum length of the container shall not exceed 20 feet: Commissioner Moor seconded the motion. Motion to approve carried 8:0. 3) 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 Street Applicant: Dr. Mae Wesson Mr. Richardson presented the staff report. In August, 2006, City Council denied an identical request from Dr. Wesson. Prior to her initially opening her office at this 11 Planning Commission September 17 , 2007 location, she had been told by the Planning Manager that she would have to obtain a specific use permit. Dr. Wesson began operating prior to submitting her application for a specific use permit. She did not apply for any building permits or a certificate of occupancy. In July, 2007, Dr. Wesson was contacted by staff after it was learned that she was still operating after City Council's denial. On August 2, Dr. Wesson submitted a new application requesting that she be allowed to continue business at 2331 North. Mr. Richardson recommend denial of the request. Seventeen notices were mailed to property owners within 200 feet of the subject property. One response 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 comments. Dr. Mae Wesson, the applicant, addressed the Commission and answered questions. In response to Commissioner Hallmark, Dr. Wesson said she would be agreeable with attending an Old Town Neighborhood Association meeting to discuss the request with the neighbors if the Commission tabled the request. Chairman Bodwin asked for comments in favor or in opposition. Marc McDonald, 870 21" Street, addressed the Commission in opposition to the request. The public hearing was closed. Rebuttal by Dr. Wesson. Discussion followed between the Commission, Council and staff. Commissioner Hallmark made a motion to table a specific use permit to allow a physician's office in an RCR District at 2331 North Street as requested in File 1903-P and suggested that the applicant meet with the Board of the Old Town Neighborhood Association. Motion to table carried 5:2 (Bodwin, Kyles):I (Gibbs). 4) File 1904-Z: Request for a zone change from GC -MD (General Commercial - Multiple Family Dwelling) District to HI (Heavy Industrial) District or more restrictive district. Location: 715 and 745 Chamberlin Applicant: PumpTex, Inc. 12 Planning Commission Seplember 17 , 2007 Mr. Richardson presented the staff report. Robert Peavey, representing PumpTex, Inc. has requested this zone change for the properties listed at 715 and 745 Chamberlin. The company has outgrown its located at 715 Chamberlin and would like to expand into 745 Chamberlin. Mr. Richardson recommended approval of C-M (Commercial -Manufacturing) zoning. Eighteen 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. Chairman Bodwin opened the public hearing and asked for the applicant's continents. Robert Peavy with PumpTex, the applicant, addressed the Commission. Chairman Bodwin 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 GC -MD to C-M District for the property at 715 and 745 Chamberlin as requested in File 1904-Z. Commissioner Gibbs seconded the motion. Motion to approve carried 9:0. 5) File 1905-P: Request for a specific use permit to allow retail merchandise sales in a GC-MD-2 (General Commercial -Multiple Family Dwelling-2) District. Location: 7130 Eastex Freeway Applicant: Carl Penland Mr. Richardson presented the staff report. Carl Penland, representing Academy Sports and Outdoors has requested this specific use permit to allow parking, two driveways and landscaping within a 25' wide strip of GC-MD-2 zoning along the west side of Concord. Academy is constructing a 98,000+ sq. ft. store on the subject property. In February, 2000, City Council approved a zone change for the subject property. This 25' strip of GC-MD-2 was approved to provide protection for the residential properties on the east side of Concord. Nearby property owners stated that Concord, north of Highway 105, was not of sufficient width to handle the additional traffic that would be generated by commercial development. In addition, they did not want to look at the back of a commercial building. 13 Planning Commission Seplember 17 , 2007 According to the site plan, two 35' wide driveways onto Concord will be constructed and a 20'6" wide landscape strip will be installed. Mr. Richardson recommended approval of the request subject to providing a vegetative screen along Concord and direct the lighting away from Concord. Nineteen notices were mailed to property owners within 200 feet of the subject property. Two responses in favor and four in opposition were returned. Slides of the subject property were shown. Chairman Bodwin opened the public hearing and asked for the applicant's comments. Carl Penland with Browne Penland McGregor Stephens Architects, Inc. addressed the Commission. Chairman Bodwin asked for comments in favor or in opposition. Wallace Bryan, 6910 Concord, addressed the Commission in opposition to the request. Mr. Bryan stated that Concord could not handle large truck traffic. Lucille Bryan, 6910 Concord, addressed the Commission in opposition to the request. The public hearing was closed. Rebuttal by Carl Penland. Chuck Pogue, Director of Construction for Academy, addressed the Commission. He addressed the issue of the trucks and stated that typically only one or two trucks per week would be coming onto the property. That would increase during the holidays. Further discussion followed between the Commission and staff. Commissioner Craig made a motion to deny a specific use permit to allow retail merchandise sales in a GC-MD-2 District at 7130 Eastex Freeway as requested in File 1905-P. Commissioner Hallmark seconded the motion. Motion to deny carried 8:0. 6) File 1906-P: Request for a specific use permit to allow a beauty shop in an RCR (Residential Conservation and Revitalization) District. Location: 2390 Broadway Applicant: Judith Rich 14 Planning Commission Seplember 17 , 2007 (Commissioner Craig left the meeting.) Mr. Richardson presented the staff report. In October, 2001, City Council approved a specific use permit on this property to allow three apartment units. It was approved with parking in the rear yard. Ms. Rich, a licensed beautician, would like to convert the rear first floor apartment into a three chair beauty shop. Shop hours will be from 9 -7, Tuesday -Saturday. The two apartments with access on Broadway will remain. Mr. Richardson recommended approval of the request. Thirty-three 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. (Commissioner Kyles left the meeting.) Judith Rich, the applicant, addressed the Commission and answered questions regarding signage and parking. 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 a specific use permit to allow a beauty shop in an RCR District at 2390 Broadway as requested in File 1906-P. Vice -Chairman Makin seconded the motion. Motion to approve carried 6:0 7) File 1907-P: Request for a specific use permit to allow a mini -warehouse self storage facility in a GC -MD (General Commercial -Multiple Family Dwelling) District. Location: Approximately 425' west of the northwest corner of College and 23`d Street Applicant. Fittz & Shipman, Inc. (Commissioner Kyles returned to the meeting.) Mr. Richardson presented the staff report. John Holm, representing Fittz and Shipman, has requested this specific use permit for vacant property located approximately 425' west of the northwest corner of College and 23rd Street. The mini -warehouse will consist of a 60,000 sq. ft. building and related parking. 15 Planning Commission September 17 , 2007 The proposed use is similar to other uses in the area. Mr. Richardson recommended approval subject to aisle width meeting city requirements and providing a 6' wide landscape strip along the parking lot frontage. Thirteen notices were mailed to property owners within 200 feet of the subject property. No responses in favor and none 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, Inc. addressed the Commission. Chairman Bodwin asked for continents in favor or in opposition. No comments were made. The public hearing was closed. Commissioner Kyles made a motion to approve a specific use permit to allow a mini -warehouse self storage facility in a GC -MD District located approximately 425' west of the northwest corner of College and 23`d Street as requested in File 1907-P, subject to the following conditions: Aisle width must meet city requirements. (Transportation) A 6' wide landscape strip along the parking lot frontage must be installed. (Planning) Commissioner Moor seconded the motion. Motion to approve carried 7:0. 8) File 1908-P: Request for a specific use permit to allow a school in a GC -MD (General Commercial -Multiple Family Dwelling) District. Location: 1050 Broadway Applicant: Debra Sias, PhD Mr. Richardson presented the staff report. Dr. Debra Sias wishes to operate this school that would serve grades 6-12. Regular classes will run from 8 -3:30 with extended classes running to 5 p.m. The approximate number of students will be 50. Staff will include 3 teachers with 3 aides. Much of the teaching will be through video instruction. Dr. Sias says that the curriculum will be based on the A Beka system. The school will occupy an existing 8,000 sq. ft. building that is currently vacant. Mr. Richardson recommended approval of the request. Planning Commission September 17, 2007 Twenty-six notices were mailed to property owners within 200 feet 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. Dr. Debra Sias with Solid Rock Christian Academy addressed the Commission. She explained the A-Beka system as well as how the TAKS tests would be conducted. Chairman Bodwin asked for comments in favor or in opposition. Reverend Valerie Landry -Price spoke in favor of the request. The public hearing was closed. Vice -Chairman Makin made a motion to approve a specific use permit to allow a school in a GC -MD District at 1050 Broadway as requested in File 1908-P. Commissioner Kyles seconded the motion. Motion to approve carried 7:0. 9) File 1909-P: Request for a specific use permit to allow parking for a restaurant in a GC-MD-2 (General Commercial -Multiple Family Dwelling-2) District. Location: West side of Warren Street, approximately 467' north of W. Cardinal Drive Applicant: Lionel Arsement Mr. Richardson presented the staffreport. In August, City Council approved a zone change from RM-H to GC-MD-2 for the subject property. Lionel Arsement, the owner of the Rockin' A Restaurant, made the request because he would like to add additional parking for his restaurant. He is constructing an additional 11,900 sq. ft. of buildings and needs the additional parking. Effort has been made to minimize the impact on the residential properties on the east side of Warren. The parking will be heavily landscaped and be surrounded by an 8' tall wood screening fence. The most northerly driveway will be south of those residential properties. Mr. Richardson recommended approval of this request. Thirteen notices were mailed to property owners within 200 feet of the subject property. No responses in favor or in opposition were returned. Slides of the subject property were shown. 17 Planning Commission September 17, 2007 Chairman Bodwin opened the public hearing and asked for the applicant's comments. Lionel Arsement, the applicant, addressed the Commission and answered questions regarding hours. Chairman Bodwin asked for comments in favor or in opposition. No comments were made. The public hearing was closed. Commissioner Kyles made a motion to approve a specific use permit to allow parking for a restaurant in a GC-MD-2 District for property located on the west side of Warren Street, approximately 467' north of W. Cardinal Drive as requested in File 1909-P. Vice -Chairman Makin seconded the motion. Motion to approve carried 7:0. WORKSHOP OTHER BUSINESS THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED AT 6:35 P. M. 18