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HomeMy WebLinkAbout4-18-05 PC MinutesMINUTES REGULAR MEETING AND JOINT PUBLIC HEARINGS PLANNING COMMISSION CITY COUNCIL April 18,2005 City Council Chambers A Regular Meeting and Joint Public Hearings of the Planning Commission and City Council were held on April 18, 2005 with the following members present: Commission members present: Chairman Glenn Bodwin Commissioner Dohn LaBiche Commissioner Walter Kyles Commissioner Virginia Hurley Alternate Commissioner Ted Moor Commission members absent: Vice Chairman Lynda Kay Makin Commissioner Dale Hallmark Commissioner Laurie Leister Commissioner Marty Craig Commissioner Greg Dykeman Alternate Commissioner Steven Johnson Councilmembers present: Mayor Evelyn Lord Mayor Pro-Tem Becky Ames Councilmember-at-Large Andrew Cokinos Councilmember Nancy Beaulieu Councilmember Lulu Smith Councilmember Audwin Samuel Councilmembers absent: Councilmember Bobbie Patterson Also present: Stephen Richardson, Planning Manager; Jill Cole, Recording Secretary; Adina Abshire, Planner; Tyrone Cooper, City Attorney; Joe Sanders, First Assistant City Attorney; Tom Warner, Public Works Director ��IKQW "-I W119LUNDM Commissioner Hurley made a motion to approve the minutes of the Regular Meeting and f Joint Public Hearings held March 21, 2005. Commissioner LaBiche seconded the motion. Motion to approve carried 5:0. Planning Commission April 18, 2005 REGULAR MEETING 1) Replat - Lot 2, Block 17, Wescalder Fijz Acres Addition: Consider the request for a replat of Lot 2, Block 17, Wescalder Fig Acres Addition into Lot 2 and Lot 2A, Block 17, Wescalder Fig Acres Addition. Location: 3520-30 Wescalder Road Applicant: Faust Engineering (A public hearing is required on this file.) Mr. Richardson presented the staff report. This item is a request for the replat of Lot 2, Block 17, Wescalder Fig Acres into Lot 2 and Lot 2A. Each lot would be approximately 150'x 712'. The property is zoned RS which requires a minimum lot size of 50'x 100'. The property is located in the 3500 block of Wescalder. The plat was sent to all interested parties. No objections were received. Mr. Richardson recommended approval of the request. Three 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. 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 LaBiche made a motion to approve a replat of Lot 2, Block 17, Wescalder Fig Acres Addition into Lot 2 and Lot 2A, Block 17, Wescalder Fig Acres Addition located at 3520-30 Wescalder Road. Commissioner Hurley seconded the motion. Motion to approve carried 5:0, 2) Preliminary Plat - Westchase Village: Consider the Preliminary Plat of Lots 13 -20, Block 6, Lots 13-19, Block 7 and Lots 1-3, Block 9, Westchase Village, Section IV; 6.292 acre tract out of the H. Williams Survey, Ab. No. 56. Applicant: Fittz and Shipman, Inc. Mr. Richardson presented the staff report. The subject plat is for an 18 lot single family residential subdivision. All utilities will be built to city standards. This plat was sent to all interested parties. No objections were received. Mr. Richardson said he discussed the listed conditions with the engineer and he is in agreement with them. Mr. Richardson recommended approval subject to the N P131111ing Commission April 18, 2005 following conditions: Install three OM-4P End -of -Roadway markers at the dead-end of Devonshire Drive. (Traffic) Use only HDPE for uniformity of the kind of pipe installed in Westchase Subdivision for phases of development. (Engineering) Relocate the most westerly curb inlet's location so that no ponding will occur in the cul-de-sac. (Engineering) Chairman Bodwin asked for the applicant's comments. John Holm of Fittz and Shipman, Inc. addressed the Commission. Commissioner Kyles made a motion to approve the Preliminary Plat of Lots 13-20, Block 6, Lots 13-19, Block 7 and Lots 1-3, Block 9, Westchase Village, Section IV subject to the following conditions: Install three OM-4P End -of -Roadway markers at the dead-end of Devonshire Drive. (Traffic) Use only HDPE for uniformity of the kind of pipe installed in Westchase Subdivision for phases of development. (Engineering) Relocate the most westerly curb inlet's location so that no pond ing will occur in the cul-de-sac. (Engineering) Commissioner LaBiche seconded the motion. Motion to approve carried 5:0. 3) Preliminary Plat - Pine Glen Fifth Addition: Consider the request for the Preliminary Plat of Lots 1-34, Block I and Lots 1 -5, Block 3, Pine Glen Addition; 7.950 acre tract out of the D. Easley League, Ab. No. 20. Applicant: Fittz and Shipman, Inc. Mr. Richardson presented the staff report. The plat is 39 lot single family residential subdivision. The subdivision is located on the south side of Tolivar Road. All utilities will be built to city standards. This plat was sent to all interested parties. No objections were received. Mr. Richardson said he discussed the listed conditions with the engineer and he is in agreement with them. Mr. Richardson recommended approval subject to the following conditions: Install an additional street light at the intersection of Nicole Lane and Tolivar Road. (Traffic) Planning Commission April 18,2005 Install three OM-4P End -of -Roadway markers at each dead end of Sheila Lane. (Traffic) Use only HDPE pipes for all other phases of Pine Glen Subdivision for underground storm pipe for uniformity. (Engineering) Backfill underground storm pipe with cement stabilized sand. (Engineering) Chairman Bodwin asked for the applicant's comments. John Holm of Fittz and Shipman, Inc. addressed the Commission. Commissioner Kyles made a motion to approve the Preliminary Plat of Lots 1-34, Block I and Lots 1-5, Block 3, Pine Glen Addition subject to the following conditions: 0 Install an additional street light at the intersection of Nicole Lane and Tolivar Road. (Traffic) 0 Install three OM-4P End -of -Roadway markers at each dead end of Sheila Lane. (Traffic) 0 Use only HDPE pipes for all other phases of Pine Glen ' Subdivision for underground storm pipe for uniformity. (Engineering) 0 Backfill underground storm pipe with cement stabilized sand. (Engineering) Commissioner Hurley seconded the motion. Motion to approve carried 5:0. rwt010201610 all - %, Mayor Lord called the Joint Public Hearings of April 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, 1) File 1773-Z: Request for a zone change to remove an HC (Historic Cultural Landmark Preservation) Overlay District. Location: 2693 Broadway Applicant: J. D. Lindow Mr. Richardson presented the staff report. Mr. and Mrs. Lindow are requesting the removal of their property at 2693 Broadway. The property is occupied by a house that is attached to a large metal building. The property is zoned GC -MD and has been used for commercial purposes for a number of years. In 2003, the Lindows requested a certificate of appropriateness to allow the removal of the house. Contrary to the Planning Manager's recommendation, that request 4 Planning Commission April 18,2005 was denied by the Historic Landmark Commission. The Lindows state that for the past three years they have tried, without success, to lease or sell this property. The properties to the west, north and south are commercial and outside the Historic District. Mr. Richardson recommended approval of the request. Nineteen 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. Mary Helen and David Lindow, 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 Hurley made a motion to approve a zone change to remove an HC (Historic Cultural Landmark Preservation) Overlay District for the property at 2693 Broadway as requested in File 1773-Z. Commissioner LaBiche seconded the motion. Motion to approve carried 5:0. 2) File 1774-Z/P: Request for a zone change from RM-H (Residential Multiple Family Dwelling -Highest Density) to GC-MD-2 (General Commercial -Multiple Family Dwelling-2) District or more restrictive district and a specific use permit to allow a car wash. Location: South side of Calder, 197'east of the intersection of Calder and Junker Applicant: Gulf Coast Car Wash Equipment, Inc. Mr. Richardson presented the staff report. Gulf Coast Car Wash Equipment, Inc. is requesting a zone change and specific use permit to allow a self-service car wash in the 6300 block of Calder. The zone change and specific use permit are for the north 180'of Tract I-B. The property has frontage on Calder only. The car wash will have 4 self-service bays, one fully automatic touch free car wash and the related vacuum cleaner area. The applicant states that the facility will be of metal and masonry construction with an upscale appearance. An employee will be on the property part-time. The car wash will be open 24 hours a day. The subject property is adjacent to GC -MD zoning to the north and west. To the south is a single family residence and to the east is an apartment complex. Planning Commission April 18. 200S When considering his recommendation, Mr. Richardson said that he felt that the zone change was appropriate and that his major concern with the car wash was the noise it could generate and what effect that would have on the adjacent residential. He said that he understood that the applicant has spoken with the owners of the apartment complex and have come to an understanding. If the noise issue can be addressed, Mr. Richardson recommended approval of the car wash as well. Eleven notices were mailed to property owners within 200 feet. Three responses in opposition and none in favor were returned. Slides of the subject property were shown. Chairman Bodwin opened the public hearing and asked for the applicant's comments. Larry Webb, the applicant, addressed the Commission and answered questions from the Commission regarding hours, noise, security, etc. Chairman Bodwin asked for comments in favor or in opposition. Sam Parigi addressed the Commission in favor of the request. Mr. Parigi represents G. A. Wimberly who owns the apartment complex next door to the carwash. Sheri Arnold, 2620 Laurel, addressed the Commission in favor of the request. Charles Wales, 6355 Arrowhead, addressed the Commission in opposition to the request. Kyle Gernentz, 80 Genevieve, addressed the Commission in opposition to the request. Deanna Fowler, 170 Junker Road, addressed the Commission in opposition to the request, Ms. Fowler submitted a petition with 82 signatures in opposition. Thomas Hargrove, 6345 Falsworth, addressed the Commission in opposition to the request. Glenn Johnson, 270 Junker, addressed the Commission in opposition to the request. Rebuttal by Mr. Webb. The public hearing was closed. Discussion between the Commission followed. NI Planning Commission April 18, 2005 Commissioner Moor made a motion to approve a zone change from RM-H to GC- MD-2 District and a specific use permit to allow a car wash on the south side of Calder, 197'east of the intersection of Calder and Junker as requested in File 1774- Z/P subject to the following conditions: The car wash must comply with the City storm requirements and Watershed Protection Ordinance. (Engineering) Driveway widths shall not exceed 35 feet in width. (Traffic) A 10'wood screening fence shall be constructed along the east and south sides of the property with the option to have the fence in the middle with landscaping on both sides. (Planning) Motion failed for lack of a second. Discussion followed regarding the landscaping. Commissioner LaBiche made a motion to approve a zone change from RM-H to GC-MD-2 District and a specific use permit to allow a car wash on the south side of Calder, 197' east of the intersection of Calder and Junker as requested in File 1774-Z/P subject to the following conditions: The car wash must comply with the City storm requirements and Watershed Protection Ordinance. (Engineering) Driveway widths shall not exceed 35 feet in width. (Traffic) A 10'wood screening fence shall be constructed along the east and south sides of the property. (Planning) Along the east side of the property, allow the required 10'wide landscape strip on the outside of the screening fence. Commissioner Kyles seconded the motion. Motion to approve carried 4: 1. (Hurley) 3) File 1775-Z/P: Request for a zone change from RCR (Residential Conservation and Revitalization) to GC-MD-2 (General Commercial -Multiple Family Dwelling-2) District or more restrictive district and a specific use permit to allow storage for a retail business. Location: 1710 North Street Applicant: Robert and Kathe Hyslop Mr. Richardson presented the staff report. Robert and Kathe Hyslop have bought the subject property with the intent of using the buildings for storage for their vintage china shop, The Cheshire Cat. Their retail store is located in the Teal House Antique Mall. Extra china stock would be stored on the subject property. No customers would go to this property. FJ Planning Commission April 18,2005 Located on the subject property are three attached metal buildings. According to the applicants, the original building was constructed in 1966. In the mid-70's the additional two buildings were constructed. The property was zoned LI for over 40 years. In 1997, a zoning study was done and the property was rezoned to RCR. The property has sat vacant for many years. In April, 2000, an SUP was granted for a church but the building was never occupied. The buildings are now subject to vandalism and deteriorating due to non-use. Mr. Richardson stated that the request could be considered spot zoning but listed in the staff report reasons why he does not think it is. Mr. Richardson recommended approval of both the zone change and the specific use permit subject to the following conditions: Move the parking spaces to the west side of the property to allow for maneuvering area on the subject property. Receive Board of Adjustment approval for special exception to the parking requirements (2 spaces instead of the required 6 spaces). Modification to the landscaping/screening requirements along the north property line and for the required parking spaces. Fifteen notices were sent to property owners within 200 feet. No responses in favor or in opposition were received. Slides of the subject property were shown. Chairman Bodwin opened the public hearing and asked for the applicant's comments. The applicants, Bob and Kathe Hyslop, addressed the Commission. Chairman Bodwin asked for the comments in favor or in opposition. No comments were made. The public hearing was closed. Commissioner Hurley made a motion to approve a zone change from RCR to GC- MD-2 District for the property at 1710 North Street as requested in File 1775-Z/P. Commissioner Moor seconded the motion. Motion to approve carried 5:0. Commissioner Hurley made a motion to approve a specific use permit to allow storage for a retail business at 1710 North Street as requested in File 1775-Z/P subject to the following conditions: Move the parking spaces to the west side of the property to allow for maneuvering area on the subject property. M Planning Commission April 18, 2005 • Receive Board of Adjustment approval for special exception to the parking requirements (2 spaces instead of the required 6 spaces). • Modification to the landscaping/screening requirements along the north property line and for the required parking spaces. Commissioner Kyles seconded the motion. Motion to approve carried 5:0. 4) File 1777-P: Request for a specific use permit to allow a recreational vehicle park in a C-M (Commercial -Manufacturing) District. Location: Intersection of Hwy. 69 and Hwy. 347 Applicant: Tri City Property Investments, L. P. Mr. Richardson presented the staff report. Tri City Property Investments is wishing to construct a recreational vehicle park and fueling station at the intersection of Hwys. 69 and 347. The Expresso Bay RV Park will consist of 75 bays for recreational vehicle parking and a 16 pump fueling station and store. A laundry building will be provided for the needs of the RV park campers. Of the two conditions listed for approval, Mr. Richardson said he spoke with the property owner and was told that TxDOT has given its approval to the 45' width driveways. He then talked that over with the City's Traffic Manager and he has approved the 45' width. Mr. Richardson therefore recommended approval of the request subject to the 45' driveway width and the TxDOT drainage requirements. Twenty-six notices were mailed to property owners within 200 feet. No responses in favor and one response in opposition. A response from outside the 200 feet was received in opposition. Slides of the subject property were shown. Chairman Bodwin opened the public hearing and asked for the applicant's comments. John Smith, the applicant, addressed the Commission. Chairman Bodwin asked for comments in favor or in opposition. Andre Says, Terminal Manager for Oiltanking Beaumont Partners, L. P., addressed the Commission in opposition to the request citing safety issues. Lloyd Ruddick, Teppco, spoke in opposition to the request. Teppco is located outside the 200'. 16, Planning Commission April 18, 2005 Rebuttal by John Smith. The public hearing was closed. Commissioner LaBiche made a motion to table the request for a specific use permit to allow a recreational vehicle park in a C-M District at the intersection of Hwy. 69 and Hwy. 347 as requested in File 1777-P until the May 23rd meeting. Commissioner Kyles seconded the motion. Motion to table carried 5:0. OTHER BUSINESS THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED AT 5:00 P. M. [to]