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HomeMy WebLinkAbout7-18-05 PC MinutesMINUTES REGULAR MEETING AND JOINT PUBLIC HEARINGS PLANNING COMMISSION CITY COUNCIL July 18, 2005 City Council Chambers A Regular Meeting and Joint Public Hearings of the Planning Commission and City Council were held on July 18, 2005 with the following members present: Commission members present: Chairman Glenn Bodwin Commissioner Dohn LaBiche Commissioner Laurie Leister Commissioner Walter Kyles Commissioner Virginia Hurley Alternate Corm-nissioner Ted Moor Commission members absent: Vice Chairman Lynda Kay Makin Commissioner Greg Dykeman Commissioner Dale Hallmark Commissioner Marty Craig Alternate Commissioner Steven Johnson Councilmembers present: Mayor Guy Goodson Mayor Pro-Tem Audwin Samuel Councilmember-at-Large Becky Ames Councilmember-at-Large Andrew Cokinos Councilmember Lulu Smith Councilmember Bobbie Patterson Councilmernbers absent: Councilmember Nancy Beaulieu Also present: Stephen Richardson, Planning Manager; Jill Cole, Recording Secretary; Adina Abshire, Planner; Tyrone Cooper; City Attorney; Joe Sanders, First Assistant City Attorney; Kyle Hayes, City Manager APPROVAL OF THE MINUTES Commissioner Hurley made a motion to approve the minutes of the Regular Meeting and Joint Public Hearings held June 20, 2005. Commissioner Kyles seconded the motion. Motion to approve carried 5:0. Planning Commission July M 2005 REGULAR IVIEETING Replat-Lot 28A and 288, W. Deshotel No, I Addition: Consider the Replat of Lot 28, Block 29, Gulf Terrace Addition into Lot 28A and Lot 28B, W. Deshotel Addition No. 1. Location: Northeast comer of Calhoun and Riggs Applicant-, Lance Deshotel Mr. Richardson presented the staff report. The applicant, Lance Deshotel, is requesting a replat of Lot 28, Block 29 of the Gulf Terrace Addition into two 70'x 1001 lots. The property is zoned RS. The request was sent to all interested parties. No negative responses were received. Mr. Richardson recommended approval. Twenty-eight notices were mailed to property owners within 200'. No responses in favor and one in opposition was received. Chairman Bodwin opened the public hearing and asked for the applicant's comments. The applicant was not present. 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 the Replat of Lot 28, Block 29, Gulf Terrace Addition into Lot 28A and Lot 28B, W. Deshotel Addition No. I located at the northeast comer of Calhoun and Riggs as requested. Commissioner Hurley seconded the motion. Motion to approve carried 5:0. 2) File 68 : Request to abandon Guinn Avenue. Location: Between Blocks I and 2, Amelia Heights Third Addition Applicant: Robert C. Mistrot Mr. Richardson presented the staff report. The request is for the abandonment of, Guinn Avenue, north of Washington. DD#6 has been in negotiations with Robert Mistrot to acquire additional right-of- way needed for the ditch adjoining his property. As part of the negotiation, DD#6 agreed to assist Mr. Mistrot with the abandonment of Guinn. The right-of-way is unimproved and Mr. Mistrot owns the property on both sides of the right-of-way. The request was sent to all interested parties. No negative responses were received. DD#6 approved the request subject to retaining the north I 15'of the right-of-way as a drainage easement, Planning Commission July 18,2005 Mr. Richardson recommended approval subject to retaining the north 115' as a drainage easement. Chairman Bodwin asked for the applicant's comments. The applicant was not present. Commissioner Hurley made a motion to approve the abandonment of Guinn Avenue between Blocks 1 and 2, Amelia Heights Third Addition as requested in File 684- OB, subject to retaining the north I 15'as a drainage easement. Commissioner Moor seconded the motion. Motion to approve carried 5:0. 3) File 685- : Request to abandon a portion of S. 9th Street. Location: North of West Euclid Applicant: Beaumont Community Housing Development Organization Mr. Richardson presented the staff report. Antoinette Hardy, Executive of Beaumont CHDO, is requesting the south 150' of 9h Street, north of Euclid be abandoned. Beaumont CHDO is building an affordable house for a disabled senior citizen at the northeast comer of 9' and Euclid. Because technically the lot is a comer lot, it must have a I O'building setback along 9'. To accommodate the house, a Ybuilding setback is needed. The 9" Street right-of-way is unimproved between Euclid and Washington. In. 198 . 4, a I 10' portion of 9' was abandoned. The request was sent to all interested parties. No negative responses were received. However, Water Utilities is requiring that the abandonment be subject to the three conditions listed in the staff report. Mr. Richardson recommended approval subject to the following conditions: 0 Retain an exclusive 10' sanitary sewer easement along the north end of the abandonment. 0 No structures or appurtenances shall be placed within the easement property. Water utilities will not be responsible for any surface restoration when sanitary sewer repairs are necessary. Chairman Bodwin opened the public hearing and asked for the applicant's comments. Antoinette Hardy of Beaumont Community Housing Development Organization addressed the Commission. 3 planning Commission July 18, 2005 Commissioner Leister made a motion to approve a request to abandon a portion of S. 9'n Street north of West Euclid as requested in File 685-013. Commissioner Moor seconded the motion. Motion to approve carried 5:0. (Commissioner LaBiche arrived.) on: Consider the Preliminary Plat of 4) Preliminary Engetmarm Addition; a 2.37 acre tract in the Thomas Spear Survey, Abstract No. 50 into Lot I through Lot 7. Location: Between Concord and Ada on Haywood Applicant: Faust Engineering and Surveying, Inc. Mr. Richardson presented the staff report. Faust Engineering is requesting a preliminary plat of a 7 lot, single family residential subdivision. The 2.37 acre property is located at the northwest comer of Concord and Haywood. Lot sizes vary from 0.16 acres to 0.82 acres. The plat was sent to all interested parties. No negative responses were received. Mr. Richardson stated that when the staff report was prepared, the City Engineer had requested that an additional 10' of right-of-way along Concord be dedicated. Mr. Richardson spoke with the City Engineer before the meeting and that condition is being deleted. This property is north of Highway 105 so the improvements that are being made will come, up to Highway 105 and stop. The right-of-way for Concord along this portion is already 60' wide Mr. Richardson also said that the staff report stated that new fire hydrants would be required as per the Fire Marshall. The Fire Marshall stated before the meeting that he will not required any additional fire hydrants, so that condition also needs to be deleted. Mr. Richardson recommended approval of the request subject to the following condition: A 10' wide general utility easement is required along the Concord and Haywood frontages. Chairman Bodwin asked for the applicant's comments. Richard Faust of Faust Engineering addressed the Commission. Commissioner Kyles made a motion to approve the Preliminary Plat of Engelmann Addition as requested subject the following condition: A 10' wide general utility easement is required along the Concord and Haywood frontages. Commissioner Hurley seconded the motion. Motion to approve carried 6:0. 4 Planning Commission JLfly 18.2005 JOINT PUBLIC HEARINGS Mayor Goodson called the Joint Public Hearings of July 18, 2005 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. File 1790-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: 8955 Phelan Applicant: Mary Trahan Alsdurf Mr. Richardson presented the staff report. The applicant would like to build a second home an the 2.5 acre subject property. When the owner of that house is deceased, she plans to remove it. In 1982 and 1999, properties on either side of the subject property were rezoned to RM-M, Mr. Richardson recommended approval. Twelve 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. The applicant was present. Chairman Bodwin asked for comments in favor or in opposition. No comments were made. The public hearing was closed. Commissioner Leister made a motion to approve a zone change from RS to RM-M for the property at 8955 Phelan as requested in File 1790-Z. Commissioner LaBiche seconded the motion. Motion to approve carried 6:0. 2) File 1791-P: Request fora specific use permit to allow a drinking place in a GC -MD (General Commercial -Multiple Family Dwelling) District. Location: 4290 Pradice Applicant: Tina Renee Smith Mr, Richardson presented the staff report. The applicant stated that the nightclub will provide alcoholic beverages and music for dancing. Planning Commission ittly 18,2005 In 1984, this property was rezoned to GC -MD and a specific use permit was granted for a drinking place. However, in 1991, the City Council revoked that specific use permit. At the time the building was vacant and the neighborhood petitioned City Council to revoke the specific use permit. The petition stated that shootings, drug dealing, noise and excessive traffic were directly related to the presence of a drinking place at this location. Mr. Richardson recommended denial of the request. Twenty-eight notices were mailed to property owners within 200 feet. No 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 comments. Veronica Smith, 4751 Odom #8, addressed the Commission. Ernestine Redeaux Colbert addressed the Comrnission on behalf of the applicant. Ms. Colbert answered questions from Councilmember Patterson regarding hours of operation, neighbors, etc. Chairman Bodwin asked for comments in favor or in opposition. David Prejean, 2845 Sarah, addressed the Commission in favor of the request. Tom Mitchell, fr. 3790 Bowen, addressed the commission in opposition to the request. Mr. Mitchell owns a house at 4225 Pradice. The public hearing was closed. Rebuttal by Veronica Smith, Commissioner Kyles made a motion to deny a specific use permit to allow a drinking place in a GC -MD District at 4290 Pradice as requested in File 17 9 1 -P. Commissioner Hurley seconded the motion. Motion to approve carried 6:0. 3) File 1792-P: Request for a specific use permit to allow a nursing home and rehabilitation facility in an RM-H (Residential Multiple Family Dwelling -Highest Density) District. Location: 3880 Pointe' Parkway Applicant: Regency Nursing & Rehabilitation Centers, Inc. 0 Planning Commission July 18, 2005 Mr. Richardson presented the staff report. Regency Nursing and Rehabilitation Centers, Inc. proposes to construct a 39,000 sq. ft., 120 bed facility on 3.95 acres. The facility will employ a full time staff of 100. The proposed nursing home will complement the other medical related uses that are being constructed in the immediate area. Mr. Richardson recommended approval of the request. Four notices were mailed to property owners within 300'. 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. Joe Pattie of Carroll and Blackman, hic, addressed the Commission on behalf of Regency Nursing & Rehabilitation Centers, Inc. Chairnian Bodwin asked for comments in favor or in opposition. No comments were made. The public hearing was closed. Commissioner LaBiche made a motion to approve a specific use permit to allow a nursing home and rehabilitation facility in an RM-H District at 3880 Pointe' Parkway as requested in File 1792-P. Commissioner Kyles seconded the motion. Motion to approve carried 6:0. 4) File 793-Z/P: Request for a zone change from NSC (Neighborhood Shopping Center) District to GC-MD-2 (General Commercial -Multiple Family Dwelling-2) District or more restrictive district and a specific use permit to allow mini - warehouses in a GC-MD-2 (General Commercial -Multiple Family Dwelling-2) District. Location: East of W. Lucas, between Folsom and Arthur Applicant: Tony and Dana Archibald Mr. Richardson presented the staff report. Tony and Dana Archibald) the applicants, would like to construct a mini -warehouse storage facility on the subject property. The facility will consist of seven single story buildings totaling 16,519 sq, ft. in area. Access will be off of Folsom. The property is directly east of a convenience store, Tube shop and car wash. Mr. Richardson recommended approval subject to a modification to the land scaping/screening requirement for the parking frontage along Folsom. A 3' wide landscape strip will be provided instead of the required 6'. Planning Commission Jul), 18, 2005 Forty notices were mailed to property owners within 200'. Three responses in favor and four responses in opposition were returned. Slides of the subject property were shown. Chairman Bodwin opened the public hearing and asked for the applicant's comments. Tony and Dana Archibald, the applicants, addressed the Commission and answered questions. Chairman Bodwin asked for comments in favor or in opposition. Lila Stevens, 4177 Arthur, addressed the Commission in opposition to the request. Vincent Hilts, 4157 Arthur, addressed the Commission in opposition to the request. The public hearing was closed. Rebuttal by Mr and Mrs. Archibald. Commissioner Leister made a motion to approve a zone change from NSC to GC- MD=2 District and a specific use permit to allow mini -warehouses in a GC-MD-2 District located east of W. Lucas, between Folsom and Arthur as requested in File 1793-Z/P subject to the following conditions: Modification to the landscaping/screening requirement for the parking frontage along Folsom (a Ywide landscape strip instead of the required 6' wide landscape strip). Fencing along Arthur be 8'wood privacy fencing with a 6'wide landscape buffer on the outside. Commissioner Kyles seconded the motion. Motion to approve carried 6:0. OTHER BUSINESS THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED AT 4:50 P. M. M