Loading...
HomeMy WebLinkAbout2-23-04 PC MinutesMINUTES REGULAR MEETING AND JOINT PUBLIC HEARINGS PLANNING COMMISSION CITY COUNCIL February 23, 2004 City Council Chambers A Regular Meeting and Joint Public Hearings of the Planning Commission and City Council were held on February 23, 2004 with the following members present: Commission members present: Commissioner Dale Hallmark Commissioner Glenn Bodwin Commissioner Walter Kyles Commissioner Lynda Kay Makin Commissioner Virginia Hurley Alternate Commissioner Paul Jones Alternate Commissioner Ted Moor Commission members absent: Chairman Laurie Leister Vice -Chairman Greg Dykeman Commissioner Dohn LaBiche Commissioner Marty Craig Alternate Commissioner Steven Johnson Councilmembers present: Mayor Evelyn Lord Councilmember-at-Large Andrew Cokinos Councilmember Lulu Smith Councilmember Nancy Beaulieu Councilmember Bobbie Patterson Councilmember Audwin Samuel Councilmembers absent: Mayor Pro-Tem Becky Ames Also present: • Stephen Richardson, Planning Manager; Tyrone Cooper, First Assistant City Attorney; Jill Cole, Recording Secretary; Adina Abshire, Planner; Tom Warner, Public Works Director "WIT"TIMM AM3201 Commissioner Hurley made a motion to approve the minutes of the Regular Meeting and Joint Public Hearings held January 26,2004. Commissioner Bodwin seconded the motion. Motion to approve carried 7:0. Planning Commission Fcbniary 23,2004 REGULAR MEETING Minor Plat -Lots 33A and 33B. Neches Terrace Addition: Consider a minor plat of Lots 33A and 33B, Neches Terrace Addition. Applicant: Fittz and Shipman, Inc. The subject minor plat is a 0.34 acre tract of land on the north side of Tolivar, approximately halfway between Major Drive and Keith Road. The width of Lot 33B is 49.75' instead of the required 50'. The lot is 150'deep. The Commission must grant a variance to the lot width for the minor plat to be approved. Mr. Richardson recommended approval. Commissioner Hallmark, acting as Chairman, asked for the applicant's comments. John Holm with Fittz and Shipman, Inc., the applicant, was present. Commissioner Jones made a motion to approve the Minor Plat of Lots 33A and 33B, Neches Terrace Addition with a variance to the required 50'width for Lot 33B to 49.751. Commissioner Makin seconded the motion. Motion to approve carried 7:0. 2) Preliminary Plat - Washington Manor, Unit 5: Consider the Preliminary Plat of Washington Manor, Unit 5; 5.829 acres out of the D. Brown Survey, Ab. 5. Applicant: Soutex Surveyors, Inc. The preliminary plat is an 18 lot single family residential subdivision on the west side of 231 Street between College and Washington. The property will be served by Prairie Street, an approximately 660'long cul-de-sac street. All public improvements will be constructed to city standards. Mr. Richardson stated that Doug Canant of DD#6 requested an additional 20'right- of-way dedication along the west side of the subdivision. Mr. Canant stated that the current property line is only 5' from the ditch top and he needs the additional space to properly maintain the ditch. Mr. Richardson recommended approval subject to the dedication of the additional right-of-way for DD#6 and to street lights being located at the following locations: - on the northwest comer of 231 and Prairie Streets - between Lots 5 and 6 - between Lots 9 and 10 - between Lots 16 and 17. Planning Commission Fcbruafy 23, 2004 Commissioner Hallmark asked for comments. Doug Canant of DD#6 addressed the Commission. He said that he spoke with Mr. Van Meter, the developer, and that he strongly objected to the 20'right-of-way and is therefore willing to compromise at 10'. Discussion of subdivision regulations followed. Commissioner Moor made a motion to deny the approval of the Preliminary Plat of Washington Manor, Unit 5 as requested. Commissioner Kyles seconded the motion. Motion to approve carried 7:0. JOINT PUBLIC HEARINGS Mayor Lord called the Joint Public Hearings of February 23, 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. 1) File 1701-P: Request for a specific use permit to allow an ultra -sound imaging studio for expectant mothers in an RCR (Residential Conservation and Revitalization) District. Location: 2633 North Street Applicant: Connie Mitchell Mr. Richardson stated that the applicant, Connie Mitchell, would like to operate a 3D ultra -sound imaging studio in an existing house at 2633 North Street. The ultra -sound services will be elective. The applicant states that the facility will be similar to a photography studio in that the images of the baby that are produced will be for observation only. Hours of operation will be Monday through Friday, 9 a.m. to 5 p.m. Saturday openings will be by appointment. Mr. Richardson recommended approval subject to providing four parking spaces at the rear of the building and the handicap space and the walkway between the handicap space and the handicap ramp being paved with asphalt or concrete. Twenty-six notices were mailed to property owners within 200 feet. No responses in favor or in opposition were returned. Commissioner Hallmark opened the public hearing and asked for the applicant's comments. Planning Commission February 23, W Connie Mitchell, the applicant, addressed the Commission and answered questions regarding signage. There will be a sign in the front yard, but not on the building. Mrs. Mitchell said that she will have one employee in addition to herself and will schedule one client only at a time about every two hours on Monday through Friday and Saturdays by appointment. Discussion between the Commission and Mrs. Mitchell followed regarding parking. Commissioner Hallmark asked for comments in favor or in opposition. Jimmie West addressed the Commission in favor of the request. Ms. West owns the subject house and property. The public hearing was closed. Commissioner Bodwin made a motion to approve a specific use permit to allow an ultra -sound imaging studio for expectant mothers in an RCR District at 2633 North Street as requested in File 1701-P subject to providing four parking spaces at the rear of the building with the handicap space and the walkway between the handicap space and the handicap Tamp being paved with asphalt or concrete. Commissioner Hurley seconded the motion. Motion to approve carried 7:0. 2) File 1704-P: Request for an amended specific use permit to allow the use of 65' of a previously required 75' buffer for a building storage business in a GC -MD (General Commercial -Multiple Family Dwelling) District. Location: 3450 West Cardinal Drive Applicant: American Waste Services, LTD American Waste Services would like to use 65'of the currently required 75'buffer along the rear of its property to store portable buildings and roll -off boxes. They propose to install an 8'tall wood fence and a 10'wide landscape buffer planted with trees along the north property line. The 75'buffer was required when Baker Tanks got a specific use permit to allow the storage of tanks on the subject property in 1996. In 1998, American Waste Services took over the property. The 75'buffer was still required. In 1996, Mt. Richardson recommended a screening fence and landscape buffer be located along that north property line. Mr. Richardson stated that he still feels that a screening fence would provide more privacy for the property owners to the north than the existing chain link fence. Mr. Richardson recommended an 8' tall screening fence and a 20'landscape buffer. Slides of the subject property were shown. Planning Commission Fcbnmry 23, 2004 Commissioner Hallmark opened the public hearing and asked for the applicant's comments, Steve Pardue of American Waste Services addressed the Commission and answered questions. In response to Commissioner Moor, Mr. Pardue stated that the hours of operation are normally 7 a.m. - 5 p.m. and the buildings that are brought in and out are rental pieces that are relatively new and are constantly rotating. He said that there is no food kept in the buildings and that he's never known of a problem with rats. Commissioner Hurley asked if the rats that are being referred to could be coming from the dumpster that they saw in the slides. Mr. Pardue said that they keep a dumpster on the property for their own trash and that was the picture that was shown. He said that it is emptied whenever it needs it. Commissioner Hurley commented that it might be the cause of the rats and roaches. Mr. Pardue stated again that they do not have a rodent problem. In response to the Commission, Mr. Pardue said he was willing to compromise on the buffer and the fence. Discussion ofneighboring properties followed. Mr. Pardue said he spoke to the two adjacent property owners. Commissioner Hallmark asked for comments in favor or in opposition. Henry McGrew, 4535 Irene, addressed the Commission. Mr. McGrew said that he had never talked to Mr. Pardue. He commented on the type of fence. Roger Smith, 4550 Winston Drive, addressed the Commission in opposition, but would be agreeable to a wood fence. (Conunissioner Bodwin left the meeting.) Councilmember Patterson commented that the neighbors outside 200'ofthe subject property did not receive notification. She said that the neighbors are not pleased with the fact that the buffer keeps getting smaller and also the problems they have with rats and roaches. She stated that she would like to see a 45, to 75' buffer and addressed the fence issue. John Poullard, 4510 Irene, addressed the Commission in opposition to the request. He said that when you drive down his street, all you see are dumpsters and portable buildings and would like something to block the view. The public hearing was closed. Commissioner Moor raised the questions of additional landscaping, Planning Commission Fcbniaiy 23, 2004 Mr. Richardson reviewed the landscaping requirements. Rebuttal by Mr. Pardue, He stated that the neighbors that spoke have property that is actually adjacent to the Hertz Equipment rental property that is next to American Waste Services and the wood fence that was referenced does not belong to American Waste Services. Mr. Poullard's fence is on American Waste Services' property and that is why their fence is right next to it. He said with a 20' buffer, he could have an additional 10-20 buildings and would be willing to go along with that. The public hearing was closed. Commissioner Moor made a motion to approve an amended specific use permit to allow a 20' landscape buffer with a minimum of shrubs planted along the entire width of property with a minimum height of Yand the required trees along the north perimeter and allowing the 10'chain link fence to remain at 3450 West Cardinal Drive as requested in File 1704-P. Commissioner Hurley seconded the motion. Motion to approve carried 6:0. OTHER BUSINESS THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED. Z