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HomeMy WebLinkAbout2-21-00 PC MinutesREGULAR MEETING AND JOINT PUBLIC HEARINGS PLANNjNG COMMISSION AND CITY COUNCIL February 21, 2000 City Council Chambers A Regular Meeting and Joint Public Hearings of the Planning Commission and City Council were held on February 21, 2000 with the following members present: Commission members present: Vice -Chairman Greg Dykeman Commissioner Dale Hallmark Commissioner Dohn LaBiche Commissioner Glenn Bodwin Commissioner Albert Robinson Commissioner Carlos Hernandez Coriimissioner Marty Craig Commission members absent: Chairman Laurie Leister Conimissioner Bill Lucas Councilmembers present: Mayor David W, Moore Co0cilmember-at-Large Andrew Cokinos Counrilmember Guy Goodson* Co6cilmem6er Audwin Samuel Cquncilmember Bobbie Patterson Councilmembers absent: Councilmernber-at-Large Becky Ames CdiVicilmember Lulu Smith Also present: Stephen Richardson,.Planning Manager; Murray Duren, Senior Planner; Tyrone Cooper, First Assistant City Attorney; Adina Abshire, Planning Technician; and Jill Cole, Recording Secretary APPROVAL OF THE MINUTES Commissioner Craig made a rnotiofi.1to approve the minutes of the Regular Meeting and Joint Public Hearings -held January 49, 2000. Commissioner Hernandez seconded the motion. Motion to approve carried 6-0. Planning Commission February 21, 2000 REGULAR MEETING 1) PreliminaU Plat-Pinehurst Garden Homes: Consider the Preliminary Plat of Pinchurst Garden Homes; Lots 1-9, Block I and Lots 1-8, Block 2 out of the S. Stivers League, Ab. No. 51. Applicant: Carroll & Blackman, Inc. for Brentwood Development, Inc. Mr. Richardson informed the Commission that the subject plat is a 17 lot single family residential subdivision at Willow Creek Drive and Major Drive. Brentwood Development, Inc-. wants to develop this subdivision with a 50'right-of- way street and a 27'pavement. The street will tie into Willow Creek Drive. The original design for Willow Creek Drive was for two 24' wide pavements in a 100' right-of-way. However, it was never built to those specifications. Only the south stretch of pavement was built. The original developer has since sold the adjoining properties to Brentwood Development. The Transportation Division recommended completion of Willow Creek Drive as originally platted, for.the reason that when Major Drive is widened, the stacking distance between Major and Pinehurst would be narrower, and possibly resulting in congestion problems. This was a suggestion of the Transportation Division. The Planning staff has not made that a recommendation of plat approval. Mr. Richardson recommended approval of the plat. Vice -Chairman Dykeman asked for the applicant's comments. Joe Pattie of Carroll and Blackman, Inc., the applicant, addressed the Commission and answered questions regarding traffic. Commissioner LaBiche made a motion to approve the Preliminary Plat of Pinehurst Garden Homes as requested. Commissioner Hernandez seconded the motion. Motion to approve carried 6:0. JOINT PUBLIC HEARINGS Mayor Moore called the Joint Public Hearings of February 21, 2000 to order and explained the purpose of the joint hearing process and then turned the meeting over to Vice -Chairman Dykeman. He explained the policies and procedures for the hearing process. 1) File 1467- : Request for a zone change from RS (Residential Single Family Dwelling) to GC -MD (General Commercial -Multiple Family Dwelling) or a more restrictive commercial district. This will be the second hearing for this request. Location: Along the southwest right-of-way line of Concord Rd. north of Hwy. 105. Applicant: Eastex Four, Ltd., et al N, Planning Commission February 21, 2000 Mr. Richardson told the Commission and Council that the zone change was for a 7.6 acre tract. The property is located at Concord Road, Highway 105 and Eastex Freeway. This case was the subject of a public hearing on September 20, 1999. At that time, the Planning Commission had recommended approval of the item and it then went to City Council. On October 5, 1999, Council approved the request. The Planning Division was informed later that there were a number of people within 200 feet of the subject property that had not received their notices. The City's legal department advised staff to rehear the case. Eastex Four, Ltd., the developer, has purchased approximately 20 acres with frontage on Eastex Freeway, Concord Road and Highway 105. Plans for the property are to develop a shopping center. Primary tenants indicated that they needed the additional property that is the subject of the rezoning to fully develop. Thirty-five notices were mailed to property owners within 200 feet of the subject property. The notices were sent by certified mail. Thirteen notices in favor and one in opposition were returned. Slides of the subject property were shown. Vice -Chairman Dykeman opened the public hearing and asked for the applicant's comments. Sam Parigi, 445 N. 14th Street, addressed the Commission on behalf of Eastex Four, Ltd. and the Tinkle family. Vice -Chairman Dykeman asked for comments in favor or in opposition. Wallace Bryan, 6910 Concord, addressed the Commission in opposition to the request. He distributed photos and a staff report from a 1990 zone change request and reviewed information in the staff report. He voiced concerns of increasing traffic problems in the area. Judith C. Allen, 7360 Concord, spoke in opposition to the request. She cited problems with noise and traffic. She asked that the plans be modified to include a transitional buffer between the residential and commercial zones. Bill Richey, 6655 Knollwood, spoke in opposition to the request. Mr. Richey represented the property owners in opposition to the zone change request in 1990. P Planning Commission February 21, 20M Cindy Meyers, 6440 Caswell, spoke in opposition to the request. She voiced concerns of an increase in traffic and decreasing property values. Patty R outhier, 5375 Wildwood Drive, spoke in opposition to the request. She cited existing traffic, drainage and sewer problems. Tom Hall, 5795 Cowart Lane, spoke in opposition to the request. He stated that there were already drainage problems in the subject area. John Thompson, 5350 Wildwood Drive, spoke in opposition to the request. He has concerns about existing drainage problems. Rebuttal by Sam Parigi, Jr. He said that the drainage will be improved in the subject area. The public hearing was closed. In response to Vice -Chairman Dykeman, Mr. Richardson said that the biggest difference between the staff report written in 1990 and now is the type of use being considered. Vice -Chairman Dykeman asked if the Comprehensive Plan called for the widening of Concord Road at that time. Mr. Richardson said that it was on the Master Thoroughfare Plan at that time. In response to Commissioner Hallmark, Mr. Richardson said that the widening of Concord Road is to stop at Highway 105. In response to Commissioner LaBiche, Mr. Richardson explained that a "Regional Center" is a commercial development that serves a large area. People from different areas would be shopping in the center. Vice -Chairman Dykeman asked if the request were approved and Mr. Parigi sold the property, could another developer develop strip centers facing Concord Road. MT. Richardson replied that they could. A discussion regarding traffic followed. Sam Parigi, Jr., addressed the Commission. He proposed that the 25' wide strip fronting Concord Road be rezoned to GC-MD-2 and the remainder be rezoned to GC -MD as requested. rd Planning Commission February 21, 2000 Commissioner Hallmark made a motion to approve the zone change request from RS to GC -MD for the 7.6 acre tract located at Concord Road, Highway 105 and Eastex, Freeway with GC-MD-2 zoning for the 25' wide strip fronting Concord Road as requested in File 1467-Z. Commissioner LaBiche seconded the motion. Motion to approve carried 6:0. 2) File 1494-P: Request for a specific use permit to allow a religious prayer group, counseling and pastoral study for Christian education in an RS (Residential Single Family Dwelling) District. Location: 1995 W. Lucas Drive Applicant: Paul and Carol Gertz and Christ Community Church Mr. Richardson told the Commission and Council that Christ Community Church wants to lease this property for the aforementioned activities. The church holds regular services at Christian Heritage Academy High School on Eastex Freeway. There will be no more than eight church members at any one time at the Lucas address. Mr. Richardson recommended approval of the request subject to the condition that an 8' high solid privacy fence be constructed on the north, south and west sides of the property and that a modification of the landscaping requirement on the north side of the property be approved. Sixteen notices were mailed to property owners within 200 feet of the subject property. Four responses in opposition and none in favor were returned to staff. Slides of the subject property were shown. Vice -Chairman Dykeman opened the public hearing and asked for the applicant's comments. Paul Gertz, the applicant, addressed the Commission. Mr. Gertz answered questions from the Commission regarding parking. Vice -Chairman Dykeman asked for comments in favor or in opposition. Phillip Griffin, Sr., Pastor of Christ Community Church, spoke in favor of the request. Bruce Drury, 3555 Long, addressed the Commission in opposition to the request. He owns property at 2035 W. Lucas. Lee Acevedo, 1902 W. Lucas, spoke in opposition to the request. He voiced concerns of an increase in traffic and also possible parking problems. M Planning Commission February 21, 2000 Sina Nejad, 1990 W. Lucas, spoke in opposition to the request. Rebuttal by Paul Gertz followed. Mr. Gertz answered questions from the Commission regarding the parking area. Vice -Chairman Dykeman closed the public hearing. Commissioner Hallmark made a motion to approve the specific use permit to allow a religious prayer group, counseling and pastoral study for Christian education in an RS District at 1995 W. Lucas Drive as requested in File 1494-P, subject to the condition that an 8'high solid -privacy fence be constructed along each side and rear of the lot with the fence tapering to 4' on the north and south sides and a modification of the landscaping requirement on the north side of the property. Commissioner Robinson seconded the motion. The motion to approve carried 5:1 (Commissioner LaBiche). 3) File 1495- : Request for a zone change from A-R (Agricultural -Residential) to GC - MD (General Commercial -Multiple Family Dwelling), or a more restrictive commercial district. Location: North Major Drive Applicant: Fittz & Shipman, Inc. (Ron Davis) for "Major Drive Self Storage" Mr. Richardson stated that the zone change request was for an 8.7 acre tract on the east side of N. Major Drive. The current Land Use Element designates this area as the "Beaumont Oil Field". The proposed Development Strategies Diagram designates this area as a "Neighborhood Growth Unit". As such, commercial development is confined to the intersections of major thoroughfares such as Major and Gladys, Major and Delaware Extension or Major and Folsom Extension. The subject request would not conform to the Comprehensive Plan. Mr. Richardson recommended denial of the zone change request. Four notices were mailed to property owners within 200 feet of the subject property. One response in opposition and none in favor were returned to staff. Slides of the subject property were shown. Vice -Chairman Dykeman opened the public hearing and asked for the applicant's comments. Ron Davis with Fittz and Shipman, Inc., the applicant, addressed the Commission. 0 Planning Commission February 21, 2000 Vice -Chairman Dykeman asked for comments in favor or in opposition. Barbara McNeil, 2035 N. Major, spoke in opposition to the request. Alan McNeil, 479 Pine Street, spoke in opposition to the request. Rebuttal by Ron Davis followed. He said that the developer of the site would most likely agree to GC-MD-2 zoning if the Commission wanted to approve that. Commissioner LaBiche made a motion to deny the zone change request from A-R to GC -MD for the 8.7 acre tract on the east side of North Major Drive as requested in File 1495-Z. Commissioner Bodwin seconded the motion. Motion to deny carried 6:0. 4) File 1496-Z: Request for a zone change from RS (Residential Single Family Dwelling) to GC -MD (General Commercial -Multiple Family Dwelling) or a more restrictive commercial district. Location: 1395 W. Lucas Drive Applicant: Melinda Potter Mr. Richardson stated that the applicant would like to move her flower shop business to 1395 W. Lucas Drive. There is a GC -MD area several lots to the south of the subject property. However, all the property surrounding the subject property is zoned RS. The Comprehensive Plan defines this area as "Stable". As such, commercial encroachment into residential' areas is discouraged. In addition, this request could be considered as spot zoning. Mr. Richardson recommended denial of the zone change request. Twenty notices were mailed to property owners within 200 feet of the subject property. Four responses in opposition and none in favor were returned to staff. Slides of the subject area were shown. Vice -Chairman Dykeman opened the public hearing and asked for the applicant's comments. Melinda Potter, the applicant, addressed the Commission. Ms. Potter's shop is currently located at 2850 Eastex Freeway. She said that most of her business is by phone, so she is not expecting a lot of traffic. Parking for her employees will be in the rear of the building. IN Planning Commission February 21. 2000 Vice -Chairman Dykeman asked for comments in favor or in opposition. Nelson Alter, 1380 Thomas Road, spoke in opposition to the request, as it is spot zoning. His property backs up to the subject property. Charlotte Gewin, 1465 W. Lucas, spoke in opposition to the request. Benny Hughes, 1340 Thomas Road, spoke in opposition to the request. Lee Acevedo, 1902 W. Lucas, spoke in opposition to the request. Rebuttal by Melinda Potter followed. Vice -Chairman Dykeman closed the public hearing. Commissioner Craig made a motion to deny the zone change from RS to GC -MD for the property at 1395 W. Lucas Drive as requested in File 1496-Z. Commissioner Hernandez seconded the motion. Motion to deny carried 6:0. 5) File 1497-P: Request for a specific use permit to allow a residential care facility (Youth Rescue Mission) in an RM-H (Residential Multiple Family Dwelling - Highest Density) District. Location: 1930 Franklin Street Applicant: City Planning Division Mr. Richardson told the Commission and Council that the Youth Rescue Mission has been operating since 1994. The facility provides 32 beds for destitute women and children. In addition to providing room and board, other services are provided such as transportation. There is a 9 p.m. curfew for residents. To help in the renovation of the building, the City and others have provided funding in years past. For some unknown reason, the City did not enforce the specific use permit requirement on the Youth Rescue Mission when it first opened. To ensure that the Youth Rescue Mission has the proper authorization to operate, the Planning Division is bringing forth this application. Mr. Richardson recommended approval of the specific use permit with a modification to the landscaping/screening requirements. Eighteen notices were mailed to property owners within 200 feet of the subject property. Four notices in opposition and none in favor were returned. Slides of the subject property followed. Planning Commission February 21, 2000 Commissioner LaBiche asked if, other than not having a specific use permit, the facility is in compliance with City codes. Mr. Richardson said as far as he knows the facility is in compliance. In response to Commissioner Craig, Mr. Richardson said that this request was just a "housekeenine measure". Vice -Chairman Dykeman opened the public hearing and asked for the applicant's comments. Bill Childs, Administrator of the Youth Rescue Mission, the applicant, addressed the Commission. Vice -Chairman Dykeman asked for comments in favor or in opposition. Shawna Davis, Residential Supervisor of the Youth Rescue Mission, addressed the Commission in favor of the request. Reverend Matthew Davis, Pastor of the Youth Rescue Mission, spoke in favor of the request. Delores Davis, Director of the Youth Rescue Mission, spoke in favor of the request. Stephen J. Bonczek, City Manager, reiterated that this request is to correct an administrative oversight. Yvette Horn, 1125 Houston, spoke in opposition to the request. She said that the curfew is not being enforced and that she has seen small children from the facility in the street after the 9 p.m. curfew. Gloria Pierre spoke in opposition to the request. Ms. Pierre's mother lives at 1220 Avenue F. She said that the curfew at the facility is not being enforced. She also said that there are problems with drugs and prostitution in the neighborhood. Cynthia Williams, 1885 Franklin, spoke in opposition to the request. She said that the curfew is not being enforced. Adolph Granato, 675 Avenue D, spoke in opposition to the request. Hallie Atwood, 1935 Milam, spoke in opposition to the request. Tony Prados spoke on behalf of the Avenues Neighborhood Association in opposition to the request. wo Planning Commission February 21. 2000 Donald Newman, 1684 Milam, addressed the Commission in opposition to the request. Peggy Pierre, 1212 Avenue F, spoke in opposition to the request. She stated that the facility and yard are not being maintained. Roberto Flores, 2425 Buchanan, addressed the Commission in opposition. Mr. Flores is a member of the Avenues Neighborhood Association. Rebuttal by Delores Davis followed. Commissioner Robinson commented that the subject area has problems with drugs and prostitution and that the Youth Rescue Mission should not be blamed for existing problems in the neighborhood. Vice -Chairman Dykeman closed the public hearing. Commissioner Robinson made a motion to approve the specific use permit to allow a residential care facility (Youth Rescue Mission) in an RM-H District at 1930 Franklin Street. Commissioner Bodwin seconded the motion. Motion to approve failed 2:4 (Commissioners Craig, LaBiche, Hernandez, Hallmark). 6) File 593-OB: Consider the readoption of the Land Use and Major Streets and Highway Plan Elements of the Comprehensive Plan. Applicant: City Planning Division The Planning Manager recommends approval of the re -adoption of the Land Use Plan and Major Street and Highway Plan Elements of the Comprehensive Plan. The current Land Use Plan Element and the Major Street and Highway Plan Element of the Comprehensive Plan were last reviewed and re -adopted in May of 1997. In preparation for the next re -adoption, the Planning Division's original intent was to extend the provisions of the Land Use Plan and the Major Street and Highway Plan Elements to the full extent of the City's ETJ. However, in order to move forward in the re -adoption process as quickly as possible, Planning staff has decided to limit the extent of both plans' extension into the City's ETJ and also the scope of changes to be made in the accompanying text. Proposed revisions to the current Land Use Plan and Major Street and Highway Plan include new maps created using Arc View GIS software. Constructing the maps in a computer generated format has solved many problems associated with previous versions of both plans. For example, the currently adopted Land Use Plan and Major Street and Highway Plan consist of three different maps all in a different format. Now that the maps have been created in a computer generated format, one 10 Planning Commission February 21, 2000 base map can be used for both the Land Use Plan and the Major Street and Highway Plan. This will allow staff to quickly and easily make changes to both plans as well as to easily make duplicate copies. Land Use Plan: Proposed revisions to the Land Use Plan Element of the Comprehensive Plan include replacing the current fold out brochure titled "Land Use Policies and Proposals Diagram" with a new graphic illustration, identified as "Development Strategies Diagram". The text printed on the back of the current "Land Use Policies and Proposals Diagram" has been revised as well. Please note that the only part of the Land Use Plan Element component of the Comprehensive Plan proposed for revision is the "Land Use Policies and Proposals Diagram" with accompanying text. The larger, fuller text of the Land Use Plan is not proposed for any change and would be re -adopted without modification. Major Street and Highway Plan: Proposed revisions to the Major Street and Highway Plan Element of the Comprehensive Plan - include the Major Street and Highway Plan map and the accompanying text identified as "Appendix X'. In order to move forward in the re - adoption process, we have made major revisions to the plan only where problems are known to exist. However, the majority of the changes are minor. Commissioner Bodwin made a motion to approve the readoption of the Land Use and Major Streets and Highway Plan Elements of the Comprehensive Plan. Commissioner Hernandez seconded the motion. Motion to approve carried 6:0. OTHER BUSINESS THERE BEING NO FURTHER BUSMSS, THE MEETING ADJOURNED AT 6:45 it