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HomeMy WebLinkAbout8-16-04 PC MinutesMINUTES REGULAR MEETING AND JOINT PUBLIC HEARINGS PLANNING COMMISSION CITY COUNCIL August 16, 2004 City Council Chambers A Regular Meeting and Joint Public Hearings of the Planning Commission and City Council were held on August 16, 2004 with the following members present: Commission members present: Chairman Laurie Leister Vice -Chairman Greg Dykeman Commissioner Dohn LaBiche Commissioner Dale Hallmark Commissioner Glenn Bodwin Commissioner Walter Kyles Commissioner Lynda Kay Makin Commissioner Virginia Hurley Alternate Commissioner Paul Jones Alternate Commissioner Ted Moor (did not vote) Commission members absent: Commissioner Marty Craig Alternate Commissioner Steven Johnson Councilmembers present: Mayor Evelyn Lord Mayor Pro -Tern Becky Ames Councilmember-at-Large Andrew Cokinos Councilmember Nancy Beaulieu Councilmember Lulu Smith Councilmembers absent: Councilmember Bobbie Patterson Councilmember Audwin Samuel Also present: Tom Warner, Public Works Director; Tyrone Cooper, First Assistant City Attorney; Jill Cole, Recording Secretary; Adina Abshire, Planner APPROVAL OF THE MINUTES Commissioner Hallmark made a motion to approve the minutes of the Regular Meeting and Joint Public Hearings held July 19, 2004. Commissioner Hurley seconded the motion. Motion to approve carried 9:0. Planning Commission August 16,2004 JOINT PUBLIC HEARINGS Mayor Lord called the Joint Public Hearings of August 16, 2004 to order and explained the purpose of the joint hearing process and then turned the meeting over to Chairman Leister. She explained the policies and procedures for the hearing process. Chairman Leister announced that the item on the Regular Meeting portion will be heard after File 1733-ZIP on the Joint Public Hearing portion. File 1733-Z/P: Request for a zone change from GC -MD (General Commercial - Multiple Family Dwelling) to RS (Residential Single Family Dwelling) District and a specific use permit to allow the expansion of a self storage facility in a GC -MD (General Commercial -Multiple Family Dwelling) District. Location: Zone change - east side of Old Voth Road, north of Lawrence Drive Specific use permit - 8161 Eastex Freeway Applicant: Faust Engineering & Surveying, Inc. Mr. Warner presented the staff report. The 1.97 acres proposed for RS zoning fronts on Old Voth Road. The specific use permit would allow the expansion of the self storage facility at 8161 Eastex Freeway. Faust Engineering, the applicant, has submitted a replat for the RS section that shows 16 single family residential lots with a typical lot size of 50' x 100'. Concerns over drainage issues will need to be addressed prior to any development I of the residential property. Approval of the specific use pen -nit will allow the construction of approximately 42,600 sq. ft. of additional warehouse space. The Planning Manager recommended approval of the zone change and of the specific use permit subject to the following conditions: The self storage lot shall be graded to drain towards the street and not onto adjacent properties. Some building modification maybe required to ensure internal traffic circulation. Eighteen notices were mailed to property owners within 200 feet. One response in favor and four in opposition were returned. Slides of the subject property were shown. Chairman Leister opened the public hearing and asked for the applicant's comments. Richard Faust of Faust Engineering, the applicant, addressed the Commission. 2 Planning Commission August 16,2004 Terry McDonald of Bullfrog Builders, 650 IH-10 S., addressed the Commission and answered questions about the type of houses to be built and showed pictures of them. Councilmember Smith commented on the problems with drainage in the area. Chairman Leister asked for comments in favor or in opposition. Linda Bailey, 8105 Old Voth Road, addressed the Commission in opposition to the request. Cary Fracht, 8155 Old Voth Road, addressed the Commission in opposition to the request. (Vice -Chairman Dykeman abstained from participation and voting on this case.) Mary Bartlett, 8125 Old Voth Road, spoke in opposition to the request. The public hearing was closed. In response to Commissioner Bodwin. Mr. Warner read the responses received in opposition. Commissioner Bodwin expressed concern over the removal of trees. Rebuttal by Mr. McDonald. He stated that he will keep as many of the existing trees as possible. Discussion between the Commission, Council and staff followed. Chairman Leister made a motion to approve a zone change from GC -MD to RS District for property located on the east side of Old Voth Road, north of Lawrence Drive as requested in File 1733-ZIP without any specification of lot size. Commissioner Hallmark seconded the motion. Motion to approve carried 8:0:1 (Dykeman). Commissioner LaBiche made a motion to approve a specific use permit to allow the expansion of a self storage facility in a GC -MD District at 8161 Eastex Freeway as requested in File 1733-ZIP subject to the following conditions: 1. The lot being graded to drain towards the street and not onto adjacent properties. (City Engineer) 2. Some buildings modification may be required to ensure internal traffic circulation. (Traffic Manager) 3. Separating the neighboring residential properties from the commercial property by landscaping and screening. Planning Commission Angus( 16,2004 Commissioner Makin seconded the motion. Motion to approve carried 8:0:1 (Dykeman). REGULAR MEETING 1) Revlat - Lots 1-6, Block 2. Suburban Acres Addition: Request for the replat of Lots 1-6, Block 2, Suburban Acres Addition into Lots 1-16, Adam's Voth Road Addition. Location: East side of Old Voth Road, north of Lawrence Drive Applicant: Faust Engineering & Surveying, Inc. (Vice -Chairman Dykeman recused himself from this case.) Mr. Warner presented the staff report. The requested replat is for a 1.97 acre portion of Lots 1-6, Block 2 of Suburban Acres. The property fronts on Old Voth Road. It is the desire of the property owner to subdivide the property into 16 single family residential lots. Typical lot size will be 50'x 100'. The City Engineer has expressed concerns about drainage problems along Old Voth Road. He states that the existing roadside ditch along Old Voth Road is too shallow. Therefore, he has conditioned plat approval upon the developer providing a hydraulic analysis to determine the carrying capacity of the roadside ditch and what ditch improvements must be made by the developer to improve drainage. The Planning Manager recommends approval subject to the following conditions: Provide a hydraulic analysis from Chinn Road to Willis Street to determine if the existing road ditch along Adam's Voth Road Addition can handle the area improvement's storm water discharges from upstream (Chinn Road) to the outfall drainage ditch (Willis Street). Piping the ditch shall be based on the hydraulic analysis design for the pipe size on the area improved and downstream pipe size upgrades and ditching reconfiguration. Six notices were mailed to property owners within 200 feet and within the Suburban Acres Subdivision. No responses in favor or in opposition were returned. Chairman Leister asked for the applicant's comments. Richard Faust of Faust Engineering, the applicant, addressed the Commission. Discussion between Commission members followed. Planning Commission August 16, 2004 Commissioner Hurley made a motion to deny the Replat of Lots 1-6, Block 2, Suburban Acres Addition into Lots 1-16, Adam's Voth Road Addition located on the east side of Old Voth Road, north of Lawrence Drive. Commissioner Makin seconded the motion. Motion to deny carried 6:2 (Hallmark, LaBiche):l (Dykeman). RECONVENE JOINT PUBLIC HE.UUNGS 1) File 1727-Z/P: Request for a zone change from GC -MD (General Commercial - Multiple Family Dwelling) to LI (Light Industrial) District and a specific use permit to allow a machine shop in an LI District. Location: 3140 Blanchette Applicant: Mike Pollock, Sr. Mr. Warner presented the staff report. Mike Pollock, the applicant, is requesting this zone change and specific use permit for the property at 3140 Blanchette. The property is currently occupied by three single story buildings encompassing 7,660 square feet. Mr. Pollock states that the primary function of his A-1 Machine Shop will be to repair hydraulic motors, cylinders and pumps. A- I Machine also rough machines forgings for local forge shops serving the oil industry. All forgings are kept indoors until machined and then returned to the customer. The shop operates from 7 a.m. to 330 p.m., Monday through Friday. Occasional overtime is worked after 3:30 p.m. and on Saturdays. Mr. Pollock is requesting a modification to the landscaping requirements for the parking lot. The property is already developed with a paved parking surface up to the property line. The property is surrounded by a chain link fence. The Planning Manager recommends approval subject to providing one disabled parking stall (with sign) and with a modification to the landscaping requirements for the parking lot. Twelve notices were mailed to property owners within 200 feet. No responses in favor or in opposition were returned. Chairman Leister opened the public hearing and asked for the applicant's comments. Mike Pollock, Sr., 5250 Swallow, the applicant, addressed the Commission. Chairman Leister asked for comments in favor or in opposition. No comments were made. The public hearing was closed. 9 Planning Commission August 16,2004 Commissioner Bodwin made a motion to approve a zone change from GC -MD to LI District and a specific use permit to allow a machine shop in an LI District at 3140 Blanchette as requested in File 1727-Z/P, subject to providing one disabled parking stall (with sign) and with a modification to the landscaping requirements for the parking lot. Commissioner Hurley seconded the motion. Motion to approve carried 9:0. 2) File 1728-P: Request for a specific use permit to allow a medical doctor's office in an RCR (Residential Conservation and Revitalization) District. Location: 2115 McFaddin Applicant: John T. Duong Mr. Warner presented the staff report. Dr. Dang would like to locate a branch of the Texas Pain Institute at this location. The Texas Pain Institute is an interventional pain management clinic that deals with the pain associated to trauma, work injury, auto injury, spinal injury or degenerative disease. The office will operate from 8 a.m. to 5 p.m., Monday through Friday. The proposed location is an existing commercial building that has housed a number of office uses over the years. The applicant is requesting a modification to the landscaping/screening requirements for the parking lot and along the west property line. The parking lot is existing. Along the rear portion of the west property line is a 6'chain link fence. The Planning Manager recommends approval of the request with a modification to the landscaping/screening requirements for the parking lot and along the west property line. Twelve notices were mailed to property owners within 200 feet. One response in favor and none in opposition were returned. Slides of the subject property were shown. Chairman Leister opened the public hearing and asked for the applicant's comments. John Duong, 1120 Dennis, Houston, addressed the Commission. Chairman Leister 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 medical doctor's office in an RCR District at 2115 McFaddin as requested in File 1728-P with a modification to the landscaping/screening requirements for the n. Planning Commission August 16,2004 parking lot and along the west property line. Commissioner LaBiche seconded the motion. Motion to approve carried 9:0. 3) File 1729-Z/P: Request for a zone change from A-R (Agricultural -Residential) to GC-MD-2 (General Commercial -Multiple Family Dwelling-2) District and a specific use permit to allow a credit union. Location: 3200 block of N. Major Drive Applicant: S. L. I. Group, Inc, Mr. Warner presented the staff report. Mid -County Teachers Credit Union owns 8.7 acres. They want to rezone the entire 8.7 acres with the intent of developing a credit union on 1.3 acres and developing the remainder with commercial uses. The application states that it is MCT's intention to have control over the development so as not to be detrimental to their facility or to the surrounding neighborhood. The Comprehensive Plan designates this area as a Neighborhood Growth Unit. As such, commercial development would occur at the intersections of major or thoroughfares. In 2000, a zone change request to GC -MD was denied for this property. The justification for the denial was that it was not in conformance with the Comprehensive Plan. However, in 2002, a zone change to GC -MD and GC- MD-2 was granted for 2,000 feet of frontage along Major Drive, That property is just north of the subject property. While strip commercial should be avoided, it could be argued that the precedent has been set for commercial development along the frontage of this section of Major Drive. As there is single family development south of the subject property, commercial development would extend no further at this point. The Planning Manager recommends approval of both the zone change and the specific use permit. Four notices were mailed to property owners within 200 feet. Three responses in opposition and none in favor were returned. A total of 17 were received, many of the 17 being copies of the letter that was mailed out. One was within the 200 feet and seven were not within the 200 feet. Slides of the subject property were shown. Chairman Leister opened the public hearing and asked for the applicant's comments. Tom Lucksinger of the SLI Group, Inc., the applicant, addressed the Commission. a Planning Commission August 16,2004 Chairman Leister asked for comments in favor or in opposition, Howard Nichols of Nichols Development Company addressed the Commission in opposition to the request. Sam Parigi, 445 N. 14' Street, addressed the Commission in opposition to the request. Tom Light, 7875 Windcbase, addressed the Commission in opposition. Justin Howard of Leap Engineering addressed the Commission on behalf of the applicant. Rebuttal by Mr. Lucksinger. The public hearing was closed. Discussion between the Commission members followed. Commissioner Hallmark made a motion to deny a zone change from A-R to GC- MD-2 District and a specific use permit to allow a credit union in the 3200 block of N. Major Drive as requested in File 1729-ZIP. Commissioner Kyles seconded the motion. Motion to deny carried 9:0. 4) File 1730-P: Request for a specific use pen -nit to allow a film and video production facility in an RCR (Residential Conservation and Revitalization) District. Location: 2406 North Applicant: AJK Video Production Corporation Mr. Warner presented the staff report. The subject property is the location of the former Postal Workers Union offices. Eliot Hall, owner of Aereon Productions, states that he produces television commercials, safety training videos and marketing programs. The old meeting hall will be converted into studio space and the other building will be used for the company's offices. Mr. Hall states that the company has 2-3 full time employees. Typical office hours will be from 9 a.m. to 5:30 p.m., Monday - Friday. The subject property is surrounded on the north, east and west by chain link fences. Typically, an 8'tall wood screening fence and a 10'wide landscape strip would be required along those sides. However, the property has been used for commercial purposes, as developed, for many years. The Planning Manager recommends approval of this request subject to providing a disabled parking stall (with sign) and with a modification to the Planning Commission August 16,2004 landscaping/screening requirements along the north, east and west property lines. Twenty three notices were mailed to property owners within 200 feet, One response in favor and one in opposition were returned. Slides of the subject property were shown. Chairman Leister opened the public hearing and asked for the applicant's comments, Eliot Hall, the applicant, addressed the Commission, Chairman Leister 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 film and video production facility in an RCR District at 2406 North as requested in File 1730-P, subject to providing a disabled parking stall (with sign), installing an 8screening fence along the north property line and limiting the sign to no larger than 12 square feet. Commissioner Hurley seconded the motion. Motion to approve carried 9:0. 5) File 173 1 -P: Request for a specific use permit to allow a residential care facility in an RCR (Residential Conservation and Revitalization) District. Location: 685 Irma Applicant: Patty Lee Mr. Warner presented the staff report. The applicant, Patty Lee, is requesting the specific use permit to allow the continued operation of a residential care facility at 685 Irma. In May, 2004, City Council denied an expansion of the Watts Home into 1901 Park. During the public hearing on that case, Ms. Lee stated that the Watts Home was occupying a structure at 685 Irma, next to the original location at 695 Irma. Ms. Lee was informed that 695 Irma was the only legally permitted site and any other location would require a specific use permit. Ms. Lee is now requesting that a specific use permit be granted for 685 Irma. Ms. Lee states that the purpose of the house is to offer the women more privacy, comfort and space. Until 2002, the women of Watts Home shared their living room at 695 Irma with a variety of activities. Ms. Lee states that 685 Irma houses 12 women who cannot live by themselves and are not able to live at home with family or friends. E Planning Commission August 16,2004 The Planning Manager recommends denial of the request. If this request is approved, approval should be subject to redesigning the off-street parking to comply with city codes. Twenty-four notices were mailed to property owners within 200 feet. Two responses in opposition and none in favor were returned. In addition, two petitions were received - one in favor with two signatures of those living within 200 feet. The other petition was in opposition. Slides of the subject property were shown. Chairman Leister opened the public hearing and asked for the applicant's comments. Patty Lee, the applicant, addressed the Commission and answered questions regarding funding, number of residents and daily activities. Chairman Leister asked for comments in favor or in opposition. LinMarie Garsee, 1725 Park Street, addressed the Commission in opposition to the request. (Commissioner LaBiche left the meeting.) Velma Ellis addressed the Commission in favor of the request. Jan Tobias, 820 Neches, addressed the Commission in favor of the request. Ms. Tobias is a probation officer for Jefferson County. Edward Briggs, 745 Van Buren, addressed the Commission in favor of the request. Murphy John Frank, 665 Irma, spoke in favor of the request. Mr. Frank is the General Maintenance Manager for Watts Home. Clara Arnold, John Street, spoke in opposition to the request. Dwayne Keeling, 950 Sherman, spoke in favor of the request. Deborah Lucas, 24 tO Pennsylvania, spoke in favor of the request. Ms. Lucas works as a cook at Watts Home. Willa Mae Jacks, a resident of the Watts Home, spoke in favor of the request. Bryan Hendrix, 1814 Park Street, spoke in opposition to the request. Planning Commission August 16,2004 Rebuttal by Patty Lee. The public hearing was closed. Discussion between the Commission, Council and staff followed. Commissioner Kyles made a motion to approve a specific use permit to allow a residential care facility in an RCR District at 685 Irma as requested in File 1731-P, subject to limiting the number of people to one person per 500 square feet as per City Ordinance totaling 14 people. The motion to approve failed for lack of a second. Commissioner Jones made a motion to approve a specific use permit to allow a residential care facility in an RCR District at 685 Irma as requested in File 173 I-P, subject to redesigning the off-street parking to comply with city codes and limiting the number of residents at 685 Irma to eight. Vice Chairman Dykeman seconded the motion with the recommendation to Council and staff that before the request goes to Council that there be some kind of negotiation on the total number of residents so it is reduced. Mr. Cooper stated that the Commission can not, by the motion, amend the Zoning Ordinance. Mayor Lord stated that Council has heard all the facts presented and will take that into consideration when voting on the request. Commissioner Jones made a motion to approve a specific use permit to allow a residential care facility in an RCR District at 685 Irma as requested in File 173 1 -P, subject t o r edesigning the o ff-street p arking to c orriply w ith c i ty c odes. V ice Chairman Dykeman seconded the motion. Motion to approve carried 8:0. 6) File 1732-Z: Request for a zone change from NC (Neighborhood Commercial) to RS (Residential Single Family Dwelling) District and GC-MD-2 (General Commercial -Multiple Family Dwelling-2) District. Location: East side of Dowlen Road, south of the Gulf Employees Credit Union Applicant: Fittz & Shipman, Inc. Mr. Warner presented the staff report. Fittz & Shipman, Inc., the applicant, has been retained to make application for this 3.374 acre tract of land. 1.93acres along Wellington Place will be rezoned to RS and 1.44 acres with frontage on Dowlen Road will be rezoned to GC-MD-2. Six single family residential lots are planned for the RS portion. While no specific use permit is being submitted at this time, a layout for a proposed business park on the GC-MD-2 acreage was submitted with the application. 11 Planning Commission August 16, 2004 The Planning Manager recommends approval of the request. Thirty-three notices were mailcd to property owners within 200 feet. One response in favor and none in opposition were returned. Slides of the subject property were shown. Chairman Leister opened the public hearing and asked for the applicant's comments. John Holm with Fittz & Shipman, Inc. addressed the Commission. Chairman Leister asked for comments in favor or in opposition. Lorelie M ayer, 6 280 Madison R idge, a ddressed t he C ommission. M s. M ayer expressed concerns about parking, drainage and traffic. The public hearing was closed. Commissioner Hurley made a motion to approve a zone change from NC to RS District and GC-MD-2 District for the property located on the east side of Dowlen Road, south of the Gulf Employees Credit Union as requested in File 1732-Z. Commissioner Bodwin seconded the motion. Motion to approve carried 8:0. 7) File 1734-P: Request for a specific use permit to allow a restaurant and retail in a GC-MD-2 (General Commercial -Multiple Family Dwelling-2) District. Location: West side of Dowlen Road, south of and adjacent to Barrington Heights Applicant: Dowlen Road Times Square, Ltd. Mr. Warner presented the staff report. Bryan Lee, the applicant and property - owner, is requesting a specific use pen -nit to allow the construction of a restaurant and retail space for a gounrict shop. The restaurant will include 7,065 sq. ft. of space and the retail shop will encompass 2,607 square feet. Mr. Lee states that the restaurant will feature upscale casual dining. The retail space will offer for sale wine, spirits, gourmet imported oils and other food stuffs. The restaurant will be open daily until 10 p.m. and the gourmet shop will be open from 10 a.m. to 9 p.m., Monday through Saturday. The Planning Manager recommends approval of the request subject to the following conditions and with a modification to the landscaping requirements along the north property line: I . Provide an 8' tall wood screening fence along the north property line, 2. Provide the necessary landscaping along the east property line. 12 Planning Commission August 16,2004 3. Provide an underground storm sewer pipe drainage system. Fourteen notices were mailed to property owners within 200 feet. One response in favor and one in opposition were returned. Slides of the subject property were shown. Chairman Leister opened the public hearing and asked for the applicant's comments. Bryan Lee, the applicant, addressed the Commission. Chair -man Leister asked for comments in favor or in opposition. Victor Campbell, an Elder at Dowlen Road Church of Christ, spoke in opposition to the request. Mr. Campbell expressed concerns about the sale of alcohol so close to the church. Wesley Powell, Sr., an Elder at Dowlen Road Church of Christ, spoke in opposition to the request. Fritz Erbeling, an Elder at Dowlen Road Church of Christ, spoke in opposition to the request. John Grigsby, 6015 Barrington, addressed the Commission on behalf of the Barrington Heights Homeowners Association. He expressed concerns about lighting, landscaping and noise. Nick DeRoos, 6025 Barrington, addressed the Commission with concerns about noise, lighting and landscaping. Sam Parigi, 445 N. 14' Street, addressed the Commission in favor of the request. Rebuttal by Bryan Lee. The public hearing was closed. Comments from the Commission members followed. Chairman Leister made a motion to approve a specific use permit to allow a restaurant and retail in a GC-MD-2 District for property located on the west side of Dowlen Road, south of and adjacent to Barrington Heights as requested in File 1734-P, subject to installing an 8'tall double lapping wood privacy fence along the north property line, locating the air conditioning units at the rear of the property, locating the dumpsters where they are not offensive to Barrington Heights residents, 13 Planning Commission August 16,2004 providing shielded lighting, providing the necessary landscaping on the north and east sides and providing an underground storm sewer pipe drainage system. Commissioner Makin seconded the motion. Motion to approve carried 8:0. OTHER BUSINESS THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED AT 7:20 P. M. 14