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HomeMy WebLinkAbout11-17-03 PC MinutesM__ IN UTE S REGULAR MEETING AND JOINT PUBLIC HEARINGS PLANNING COMMISSION CITY COUNCIL November 17, 2003 City Council Chambers ARegular Meeting and Joint Public Hearings of the Planning Commission and City Council were held on November 17, 2003 with the following members present: Commission members present: Commission members absent: Chairman Laurie Leister Vice -Chairman Greg Dykeman Commissioner Dale Hallmark Commissioner Glenn Bodwin Commissioner Walter Kyles Commissioner Lynda Kay Makin Commissioner Virginia Hurley Alternate Ted Moor Alternate Paul Jones Commissioner Dohn LaBiche Commissioner Marty Craig Alternate Steven Johnson Councilmembers present: Mayor Evelyn Lord Mayor Pro -Tern Becky Ames Councilmember Lulu Smith Councilman -at -Large Andrew Cokinos Councilperson Nancy Beaulieu Councilmembers absent: Councilmember Bobbie Patterson Councilman Audwin Samuel Also present: Stephen Richardson, Planning Manager; Tyrone Cooper, First Assistant City Attorney; Jill Cole, Recording Secretary; Adina Abshire, Planner; Cheryl Robinson, Senior Planner; Tom Warner, Public Works Director; Kyle Hayes, City Manager Commissioner Hallmark made a motion to approve the minutes of the Regular Meeting and Joint Public Hearings held October 27, 2003. Commissioner Makin seconded the motion. Motion to approve carried 7:0. Planning Commission November 17,2003 REGULAR MEETING 1) Preliminary Plat - Westchase Subdivision, Section 7: Consider the Preliminary Plat of Westchase Subdivision, Section 7, Lots 10-12, Block 3; Lots9-16, Block 4and Lotsl-8, 16and 17,Block lO;Lot 1, Block 11 out of the H. Williams Survey, A-56. Applicant: Fittz and Shipman, Inc. Mt. Richardson stated that the preliminary plat is of a 22 lot extension of a single family residential subdivision located on the east side of Major Drive. The applicant is requesting variances to the temporary cul-de-sac requirement on the east end of Village Drive, the east end of Windchase Drive and the north end of Whisper Wind Drive. The dead end streets are less than 200 feet in length. The preliminary plat was sent to all interested parties. No objections were received. Mr. Richardson recommended approval, Chairman Leister asked for the applicant's comments. The applicant was not present. Comm�issioncr Hurley made a motion to approve the Preliminary Plat of Westchase Subdivision, Section 7, Lots 10- 12, Block 3; Lots 9-16, Block 4 and Lots 1-8, 16 and 17, Block 10; Lot 1, Block 11 out of the H. Williams Survey, A-56 as requested. Commissioner Jones seconded the motion. Motion to approve carried 7:0. 2) File 659-OB: Request for the abandonment of a 16'wide public utility easement on the west side of Lots I and 2, east side of Lot 3, Block 2, Beaumont Medical Plaza Subdivision. Applicant: Fittz and Shipman, Inc. This item is a request for the abandonment of a 16'x 316'general utility easement located 241'west of the intersection of Medical Center Drive and Hospital Drive. Mac Haik Development and Memorial Hermann Baptist Hospital are developing a 3 story parking garage and 3 story professional office building on the property. The garage will straddle the easement. A IO'gencral utility easement will be dedicated along the west boundary of the site to allow for the relocation of the utilities in the subject easement. 2 Planning Commission November 17,2003 This abandonment request was sent to all interested parties. No objections were received. Mr. Richardson recommended approval subject to the moving of any utilities that are located in the easement at the applicant's expense. Chairman Leister asked for the applicant's comments. Don King of Fittz and Shipman, Inc, addressed the Commission. Commissioner Hallmark made a motion to approve a request for the abandonment of a 16'x 316.89'public utility easement on the west side of Lots I and 2, east side of Lot 3, Block 2, Beaumont Medical Plaza Subdivision as requested in File 659- OB subject to the moving of any utilities that are located in the easement at the property owner's expense. Commissioner Jones seconded the motion. Motion to approve carried 7:0. JOINT PUBLIC HEARINGS Mayor Lord called the Joint Public Hearings of November 17, 2003 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 1694-P: Request for a specific use permit to allow a drinking place in a GC -MD (General Commercial -Multiple Family Dwelling) District. Location: 5205 Farmett Road Applicant: Shelia Evans (Commissioner Kyles arrived.) Mr. Richardson stated that the specific use permit is to allow the operation of a drinking place in the building at 5205 Fannett Road. ' The building was the previous location of the Tyrrell Park Caf6 and Lounge. The,building and parking all exist. While adequate parking will be provided on the subject property, Ms. Evans has received signed permission to use parking at the adjacent convenience store, if needed. Hours of operation will be from 12 p.m.-2 a.m. Maximum seating will be 50 seats. Beer and wine will be sold. No live music will be provided and this will not be a sexually oriented business. The existing sign will be used to identify the business, Ms. Evans is requesting a modification to the screening/landscaping requirements Tong the frontage of the parking lot. The current layout of the property has been in existence for years. Planning Commission November 11, 2003 Mr. Richardson recommended approval of the request with a modification to the screening/landscaping requirement. Four notices were mailed to property owners within 200 feet. No responses in favor or in opposition were received. Slides of the subject property were shown. Chairman Leister opened the public hearing and asked for the applicant's comments. Shelia Evans, 7655 Park North Drive, addressed the Commission. She verified that the existing sign is 4' x 5' and 10' tall. Chairman Leister asked for comments in favor or in opposition. No comments were made. The public hearing was closed. Commissioner Bodwin made a motion to approve a specific use permit to allow a drinking place in a GC -MD District at 5205 Fannett Road as requested in File 1694- P with a modification to the screening/landscaping requirements along the frontage of the existing parking lot and with the stipulation that the existing sign be used. Commissioner Hurley seconded the motion. Motion to approve carried 8:0. (Vice -Chairman Dykeman arrived.) 2) File 1695-Z: Request for a zone change from RM-H (Residential Multiple Family Dwelling -Highest Density) to GC -MD (General Commercial -Multiple Family Dwelling) District. Location: 3825 W. Lucas Applicant: Rick Hamberlin (Vice Chairman Dykeman abstained from this case.) Mr. Richardson stated that the applicant is requesting this zone change so that the property can be used for commercial purposes. Mr. Hamberl in states that due to the surrounding land uses and high traffic volume on W. Lucas, the property is no longer conducive to residential uses. He suggests that the property could be used for some type of office. Since the subject property is zoned RM-H, a number of commercial uses could be permitted with a specific use perrnit. This includes a number of office uses. While staff recognizes that the subject property is adversely affected by the traffic volume and commercial properties to the north and east, GC -MD zoning would be 4 Planning Commission November 17, 2003 detrimental to the single family residences to the west and south. RM-H would allow some commercial with the protection of a specific use permit. Mr. Richardson recommended denial of the request. Fifteen notices were ma i led to property owners within 200 feet. One notice 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. Rick Hamberlin, the applicant, addressed the Commission. Chairman Leister asked for comments in favor or in opposition. No comments were made. The public hearing was closed. Discussion and comments from the Commission followed. Commissioner Hallmark made a motion to deny a zone change from RM-H to GC - MD District for the property at 3825 W. Lucas as requested in File 1695-Z. Commissioner Jones seconded the motion. Motion to deny carried 8:0:1 (Dykeman). 3) File I 696-P: Request for a specific use permit to allow a day spa in an RCR (Residential Conservation and Revitalization) District. Location: 2300 McFaddin Applicant: Patricia Brooks and Rosalind Hall Mr. Richardson stated that the applicants, Patricia Brooks and Rosalind Hall, propose to offer hair and nail care, massage therapy, skin treatments, beautician services and the sale of skin and hair care products. Hours of operation will be 9 a.m. to 7 p.m., Monday through Saturday. The applicants are requesting a modification to the landscaping/screening requirements along the west side of the property. Instead of the required 8' tall screening fence, a Gtall wood screening fence now exists. A 10'wide grass area now exists between the fence and proposed parking area. Mr. Richardson recommended approval with a modification to the screening requirement along the west side of the property. Planning Commission November 17, 2003 Seventeen notices were mailed to property owners within 200 feet. Two in favor and two in opposition were returned. Mr. Richardson read the responses in opposition. Slides of the subject property were shown. Commissioner Hallmark commented on several items that stafflisted incompliance for approval of a specific use permit. Chairman Leister opened the public hearing and asked for the applicant's comments. Rosalind Hall, the applicant, addressed the Commission. Her partner, Patricia Brooks, is out of the country, but introduced her husband, Kevin Brooks. Mr. Richardson read responses received in favor of the request. Ms. Hall and Mr. Brooks answered questions from the Commission. Chairman Leister asked for comments in favor or in opposition. Sandra Miller, 8230 Walker Road, spoke in favor of the request. James Woodfield, 2495 Pecos Boulevard, spoke in opposition to the request. Barbara Groeger, 8.75 N. 5' St., spoke in opposition to the request. Virginia Jordan, 2145 Hazel, spoke in opposition to the request. Gretchen Hargroder, 2301 Long, spoke in opposition to the request. Ralph Jordan, 2145 Hazel, spoke in opposition to the request. Laurence Groeger, 875 N. 5', spoke in opposition to the request. The public hearing was closed. Rebuttal by Ms. Hall. Comments from Commission members followed. Commissioner Hallmark made a motion to deny a specific use permit to allow a day spa in an RCR District at 2300 McFaddin as requested in File 1696-P. Vice, Chairman Dykeman seconded the motion. Motion to deny failed 4:5. 119 Planning Commission November 17,2003 Commissioner Jones made a motion to approve a specific use permit to allow a day spa in an RCR District at 2300 McFaddin as requested in File 1696-P with approval of a modification to the landscaping/screening requirements along the west side of the property, that the fencing along the north boundary line remain with the property and that the applicant work with City staff on using paving materials that will not destroy the trees. Commissioner Bodwin seconded the motion. Motion to approve carried 5:4. 4) File 1697-ZIP: Request for a zone change from RM-H (Residential Multiple Family Dwelling -Highest Density) and GC -MD (General Commercial -Multiple Family Dwelling) to LI (Light Industrial) District and a specific use permit to allow a farm equipment and machinery manufacturing facility. Location: Approximately between Irving and St. Anthony and between McGovern and Schwamer Applicant: Modem, Ltd. Mr. Richardson reminded the Commission that in May, 2003, the City Council denied Modem's request for a zone change to LI and a specific use permit. On July 21, Modem requested that it be able to come back before the Planning Commission before the 12 month waiting period had expired. Mr. Richardson had recommended denial in May based upon the fact that he considers the request spot zoning. Mr. Richardson stated that he still feels that way for reasons stated in the staff report. Mr. Richardson recommended denial of this request. This denial would require that Modem cease operation on the properties that they have expanded onto. More specifically, the parking lot at the southwest comer of Schwarner and Tilson, the storage area on two lots at the * southeast comer of Schwamer and Tilson and the lot at the northwest comer of Schwamer and Irving. Fifty-five notices were mailed to property owners within 200 feet. One response in opposition and none in favor were returned. Slides of the subject property were shown. Chairman Leister opened the public hearing and asked for the applicant's comments. Casey Crenshaw with Modem, Inc. addressed the Commission. Roderick Bluiett with Modem, Inc. addressed the Commission. Chairman Leister asked for comments in favor or in opposition. VJ Planning Commission November 17,2003 Roland Davis, 535 McGovern Street, addressed the Commission in favor of the request. Margaret Jackson, 1813 Tilson, spoke in favor of the request. John Gerard, 1800 Irving, spoke in opposition to the request. Connie Redeaux, Program Coordinator for the Charlton -Pollard Neighborhood Association at Dunbar Elementary. Ms. Redeaux spoke in favor of the request on behalf of Mr. Goodman because he was unable to attend the meeting. Ms. Redeaux stated that the Association was currently undergoing some changes, did not have a president and was being governed by its board of directors. The public hearing was closed. Rebuttal by Roderick Bluiett. Discussion followed between the Commission and staff. Commissioner Hallmark made a motion to approve a zone change from RM-H and GC -MD to LI District and a specific use permit to allow a farm equipment and machinery manufacturing facility on property located approximately between Irving and St. Anthony and between McGovern and Schwarner as requested in File 1697- 7/P. Commissioner Hurley seconded the motion. Motion to approve carried 9:0., - liSM1011.81.1 THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED AT 5:30 P.M. A13STENTION AFFIDAVIT THE STATE OF TEXAS COUNTY OF JEFFERSON 44 (Aj ., as a member of the 014-JAk' 4- - Za� A) t A. (City Council, I com nis�,�wboai(�jm* make this affidavit and hereby oath state thefoirbJing': 1, and/or or persons related to me, have a sZ-- tial Interest In a business entity that would be peculiarly affected by a vote or decision of the - 4- (city council, commission, or board) as those terms are defined in V.T.C.A., Ubca-1 Government Code, §171.002. The business entity is: P- e- k— "a / I A) (Name) (Address) ("I," or name of relative and relationship) have/has a substantial interest in this business entity for the following reasons: (check all of which are applicable.) Ownership of 10 percent or more of the voting stock or shares of the business entity. Ownership of either 10 percent or more or $15,000 or more of the fair market value of the business entity. Funds received from the business entity exceed 10 percent of (my, her, his) - gross income for the previous year. Real property is involved, and (1, he, she) have an interest which is an equitable or legal ownership with a fair market value of at least $2,500. A relative of mine, within the first or second degree by blood or marriage, has a substantial interest in the business entity or property that would be affected by a decision of the public body of which I am a member. Upon filing of this affidavit with the City Clerk, I affirm that I will abstain from voting on any decision involving this business entity and from any further participation on this matter whatsoever. Signed this the ./? day of �w(f 2 3 EFORE ME, the lu'ndet6igned authority, on this day personally appeared and on oath stated that the facts hereinabove stated are true to the best before me on this the 7 Notary Pyblic in and for the State of Texas ABSTENTION AFFIDAVIT J THE STATE OF TEXAS COUNTY OF JEFFERSON § I. :ra—ez Aloop- as a member of the 1414-A4, (City Council, commission, or board) make this affidavit and hereby on oath state 'the folTowing: 1, and/ora person or persons related to me, have a substantial interest in a business entity that would be peculiarly affected by a vote or decision of the (city council, commission, or board) as those terms are defined in V.T.C.A., Local Government Code, §17 i.002. The business entity is: Adft7c /..""tj (Name) - (Address) (-I," or name of relative and relationship) - 7;--//ftPO4 have/has a substantial interest in this business entity for the following reasons: (check all of which are applicable.) Ownership of 10 percent or more of the voting stock or shares of the business entity. Ownership of either 10 percent or more or $15,000 or more of the fair market value of the business entity. Funds received from the business entity exceed 10 percent of (my, her, his) Mq , gross income for the previous year. I Real property is involved, and (1, he, she) have an interest which is an equitable or legal ownership with a fair market value of at least $2,500. A relative of mine, within the first or second degree by blood or marriage, has a substantial interest in the business entity or property that would be affected by a decision of the public body of which I am a member. Upon filing of this affidavit with the City Clerk, I affirm that I will abstain from voting on any decision involving this business entity and from any further participation on this matter whatsoever. Signed this the day of lk)o a .2003 . Signature of official Title BEFORE ME, the undersigned authority, on this day personally appeared Z d ZILw r- - and on oath stated that the facts hereinabove stated are true to the best of his/her knowledge or belief. SWORN to and subscribed before me on this the / _lAday of 20 JILL COLE NOTARY PUBLIC STATE Of TEXAS Notary Public in for the State of Texas rFof gy Comm Expires 0117-2004