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HomeMy WebLinkAbout8-18-03 PC MinutesMINUTES REGULAR MEETING AND JOINT PUBLIC HEARINGS PLANNING COMMISSION CITY COUNCIL August 18, 2003 City Council Chambers A Regular Meeting and JointPublic Hearings of the Planning Commission and City Council were held on August 18, 2003 with the following members present: Commission members present: Chairman Laurie Leister Vice -Chairman Greg Dykeman Commissioner Dale Hallmark Commissioner Glenn Bodwin Commissioner Marty Craig Commissioner Walter Kyles Commissioner Lynda Kay Makin Commissioner Virginia Hurley Alternate Paul Jones Alternate Tcd Moor Commission members absent: Commissioner Dobn LaBicbe Councilmembers present: Mayor Evelyn Lord Mayor Pro-Tem Lulu Smith Councilman -at -Large Andrew Cokinos Councilmember-at-Large Becky Ames Councilmernber Bobbie Patterson Councilman Audwin Samuel Councilmembers absent: Councilperson Nancy Beaulieu Also present: Stephen Richardson, Planning Manager; Tyrone Cooper, First Assistant City Attorney; Jill Cole, Recording Secretary; Adina Abshire, Planner; Tom Warner, Public Works Director; Cheryl Robinson, Senior Planner Commissioner Hurley made a motion to approve the corrected minutes of the Regular Meeting and Joint Public Hearings held June 16, 2003. Commissioner Craig seconded the motion. Motion to approve carried 8:0. Planning Commission August 18,2003 Commissioner Hallmark made a motion to approve the minutes of the Regular Meeting and Joint Public Hearings held July 21, 2003. Commissioner Makin seconded the motion. Motion to approve carried 8:0. REGULAR MEETING 1) Replat - Lot 10, Block 24, Gulf Terrace Addition: Request for a replat of Lot 10, Block 24, Gulf Terrace Addition into Lots 10 and I OA, Block 24. Location: 9395 and 9415 Josey Street Applicant: Faust Engineering and Surveying, Inc. (A public hearing is required for this case.) Mr. Richardson presented the staff report. The property owner, Crescent Homes, wants to subdivide this 100'x 135' lot into two 50' wide lots. The property is currently vacant. In the past, Lots 9 and 11, on either side of the subject property, have been divided into 50'wide lots. The replat was sent to all interested parties. No objections were received. Mr. Richardson recommended approval. Thirty-three notices were mailed to property owners within 200 feet, One response in favor and one in opposition were returned. Discussion of an existing pipeline easement followed. Chairman Leister asked for the applicant's comments. Richard Faust of Faust Engineering and Surveying, Inc., the applicant, addressed the Commission and answered questions regarding the pipeline easement. Chairman Leister asked for comments in favor or in opposition. No comments were made. The public hearing was closed. Commissioner Craig made a motion to approve the Replat of Lot 10, Block 24, Gulf Terrace Addition into Lots 10 and 10A, as requested. Commissioner Moor seconded the motion. Motion to approve carried 8:0. 2) Preliminary Plat - Westchase Village, Section V: Consider the Preliminary Plat of Westchase Village, Section V, Lots 7-13 and 28-29, Block 2 and Lots 5-9, Block 3; 5.276 acres out of the H. Williams Survey. Applicant: Fittz and Shipman, Inc. N Planning Commission August 18, 2003 Mr. Richardson stated that Fittz and Shipman, Inc. is requesting preliminary plat approval of a 4.07 acre tract of land located east of Sunflower. The property will be developed as a 14 lot single family residential subdivision. The p roperty w ill b e s erved by an extension o f D ecr C base D rive. F ittz a nd Shipman is requesting a waiver of the temporary cul-de-sac requirement on the eastern end of Deer Chase. They state that Lots 13 and 28 are only 75 feet from the intersection ofDeer Chase and Whisper Wind and emergency vehicles and garbage trucks can use this "T" intersection for turn-arounds. The request was sent to all interested parties. No objections were received. Mr. Richardson recommended approval of the request subject to the following conditions with a waiver of the temporary cul-de-sac requirement on Deer Chase Drive: 1) Label the proposed drainage ditch east of the subject property as "temporary" and "To be maintained by the developer". (Engineering) 2) Install 3 OM-4P end -of -roadway markers at the dead end of Whisper Wind Drive. Chairman Leister asked for the applicant's comments. John Holm of Fittz and Shipman, Inc., addressed the Commission. Commissioner Hallmark made a motion to approve the Preliminary Plat of Westchase Village, Section V as requested subject to the following conditions with a waiver of the temporary cul-de-sac requirement on Deer Chase Drive: 1) Label the proposed drainage ditch east of the subject property as "temporary" and "To be maintained by the developer". (Engineering) 2) Install 3 OM-4P end -of -roadway markers at the dead end of Whisper Wind Drive. Commissioner Craig seconded the motion. Motion to approve carried 8:0. 3) Preliminary Plat - Quail Run: Consider the Preliminary Plat of Quail Run, 18 lots and 2 reserves; 9.862 acres out of the W. B. Dyches Survey, Ab. 17. Applicant: Arcencaux and Gates, Inc. for Delta Road Developers Mr. Richardson told the Commission that the subject property is located cast of Major Drive and north of the Folsom Extension. Arceneaux and Gates is representing a group that will develop this property as an apartment complex where each building is sold to investors. Each building will Nanning Commission August 18, 2003 contain 8 d welling u nits. T he a rea n of designated a s I ots o r r eserves w ill b e dedicated as common areas that will be maintained by the apartment association. A variance is being requested for the rear yard building setback requirement of 25'. Buildings 16, 17 and 18 have been located on the property in such a manner so as to avoid constructing a structural building slab over a former drainage channel. The proposed setbacks for those three buildings range from 13' to 24'. The property backs up to a 100'wide DD#6 drainage easement. The plat was sent to all interested parties. The Fire Marshal expressed concern over the lack of accessibility to Lots 9 and 12 in case of a fire. Mr. Richardson said he spoke with Arceneaux and Gates and told them of the Fire Marshal's concerns. They have sent a pavement plan to the Fire Marshal that shows fire lane accesses between Lots 8 and 11 and Lots 10 and 13. They have also provided an additional water line connection that will provide more reliable fire protection for the complex. Mr. Richardson recommended approval subject to the following conditions and with a variance to the rear building setback requirement for Buildings 16, 17 and 18: 1. Show the necessary utility easements. (Entergy) 2. Put a Note 4 that reads, "Property shall be graded to drain to streets or underground storm sewer system and shall not drain onto adjacent properties before and after structures are built. (Engineering) 3. Provide a Fire Marshal's approved plan for fire protection to Lots 9 and 12. (Fire). 4. Complete all easement documents to allow water main connection at Eagle's Landing. (Water Utilities) Chairman Leister asked for the applicant's comments. (Vice -Chairman Dykeman arrived.) Ed Long with Arceneaux and Gates, the applicant, addressed the Commission and answered questions. Discussion between the Commission followed. Commissioner Craig made a motion to approve the Preliminary Plat of Quail Run as requested subject to the following conditions and with a variance to the rear building setback requirement for Buildings 16, 17 and 18: Show the necessary utility easements. (Entergy) 0 Nanning Commission August 18,2003 2. Put a Note 4 that reads, "Property shall be graded to drain to streets or underground storm sewer system and shall not drain onto adjacent properties before and after structures are built. (Engineering) 3. Provide a Fire Marshal's approved plan for fire protection to Lots 9 and 12, (Fire). 4. Complete all easement documents to allow water main connection at Eagle's Landing. (Water Utilities) Commissioner Hurley seconded the motion. Motion to approve carried 9:0. 4) Request to allow a public hearing on File 1680-Z/P prior to the end of the 12 month period as per Article V, Section 8 (2) of the Planning Commission bylaws. Location: Approximately 1,055'north of the Dowlen Road and Wellington Place intersection and immediately south of the Gulf Credit Union and north of the DD#6 drainage ditch. Applicant: Lenny Boone Mr. Richardson reminded the Commission that in July, Lenny Boone was denied a zone change to GC-MD-2 and a specific use permit to allow an office and retail complex on Dowlen Road. Dr. Matthew Cerniglia, who is part of the limited partnership that owns the property, is requesting the opportunity to reappearbefore the Planning Commission prior to the end of the 12 month waiting period. On July 29, Dr. Cemiglia submitted a letter requesting that an exception to the 12 month waiting period be granted. Chairman Leister asked for the applicant's comments. Rob Clark with Architectural Alliance, Inc. addressed the Commission. (Commissioner Kyles arrived.) Discussion between the Commission members followed. Commissioner Craig made a motion to allow a public hearing on File 1680-Z/P prior to the end of the 12 month period as per Article V, Section 8 (2) of the Planning Commission bylaws. Commissioner Hurley seconded the motion. Motion to approve carried 9:0. 5) Preliminary Plat - Orchid Estates, Section Two: Consider the Preliminary Plat of Orchid Estates, Section Two; 1.96 acres out of the H. Williams Survey, Ab. 56. Applicant: Faust Engineering and Surveying, Inc. M Planning Commission August 18,2003 Mr. Richardson presented the staff report on the 12 lot single family residential subdivision. The property is located north of Orchid Estates and west of Gladys West Subdivision. Faust Engineers is representing the developer of this subdivision. The subdivision will be built on a zero lot line concept. Roof overhang and maintenance easements will be provided along the side of each lot. The property will be served by a 20' wide private street. The original drawing showed a cul-de-sac with a 30'street radius and a 40'radius for the right-of-way. The subdivision regulations require radius' of 33' and 50', respectively. The developer was requesting a variance to the radius requirements because they would affect the depths of the lots. The parent tract is 230.5'. The Fire Marshal was against the variance request. After discussing the Fire Marshal's concerns with the applicant, they have revised the plat to allow for the full width and a common area. The applicant is also requesting variances to the lot depth requirement. The average lot depth is 94.35'. A minimum of 100'is required by ordinance. Each lot exceeds the minimum area requirements. Again the reason for this request is because of the depth of the parent tract. Mr. Richardson recommended approval subject to the 7 conditions listed in the staff report and variance to the lot depth requirements for all the lots, Chairman Leister asked for the applicant's comments. Richard Faust, the applicant, addressed the Commission. Mary Ann Iles addressed the Commission and answered questions regarding the type of housing proposed. Commissioner Bodwin made a motion to approve the Preliminary Plat of Orchid Estates, Section Two as requested 1 Verify if Major Drive is capable of handling storm water outfall of subdivision from TxDOT's design plans for Major Drive's storm water drainage area, (Engineering) 2) Install a comer cul-de-sac with a 25'radius at the curve of the proposed street, (Engineering) rel Planning Commission August 18, 2003 3) Add Note 4 to read, "Lots shall be graded to drain towards the street and shall not drain onto adjacent lots before and after structures are built. (Engineering) 4) Add the necessary side yard building setbacks on each lot equal to the width of two minimum side yards - 10' - 15', depending upon whether the house is one or two stories, (Planning) 5) Change the name of the proposed street. There is already an Orchid Lane in Gladys West. 6) A street light is required at the intersection of the proposed street and Major Drive (Traffic) 7) Redesign the end of the cul-de-sac to meet the City's right-of-way and pavement width requirements or to a configuration acceptable to the Fire Marshall. (Fire) Commissioner Craig seconded the motion. Motion to approve carried 9:0. JOINT PUBLIC HEARINGS Mayor Lord called the Joint Public Hearings of August 18, 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 1682-P: Request for a specific use permit to allow a church in an RS (Residential Single Family Dwelling) District. Location: 1384 Euclid Applicant: Elaine Petry Mr. Richardson stated that the applicant, Elaine Petry, is requesting that she be allowed to hold church services in her home at 1384 Euclid. Ms. Petry states that Sunday school would be held at 10 a.m.` and church services would be conducted at 11 a.m. and 7:30 p.m. on Sundays and at 7 p.m. on Wednesdays and Fridays. No more than 25 people would attend. The Zoning Ordinance requires 9 parking spaces for this residence and church. There is adequate room in the backyard for the necessary parking, provide that the storage building and trailers that are in the backyard be removed. Mr. Richardson recommended approval of the request subject to: 1) Removing the aforementioned building and trailers and provide 9 parking spaces in the back yard; h Planning Commission August 18,2003 2) Construct an 8'tall wood screening fence along the east and west property lines running from the rear property line to the front edge of the house and waive the 10'wide landscape strip; 3) Allow only one 24" x 36" sign in the front yard. Eighteen notices were mailed to property owners within 200 feet. One response in favor and two in opposition were returned. Slides of the subject property were shown. Discussion followed between Mr. Richardson and the Commission regarding parking and signage. Chairman Leister opened the public hearing and asked for the applicant's comments. Elaine Petry, the applicant, addressed the Commission and answered questions regarding parking. Chairman Leister asked for comments in favor or in opposition. No comments were made. The public hearing was closed. Commissioner Craig made a motion to approve a request for a specific use permit to allow a church in an RS District at 1384 Euclid as requested in File 1682-P, subject to the following conditions: meet parking requirements, either on the subject property or within 400 feet; construct an 8'tall wood screening fence along the east and west property lines running from the rear property line to the front edge of the house and waive the 10'wide landscape strip; and allow only one 24" x 36" sign in the front yard. Commissioner Bodwin seconded the motion. Motion to approve carried 9:0. THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED.