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HomeMy WebLinkAbout3-17-03 PC MinutesMINUTES REGULAR MEETING AND JOINT PUBLIC HEARINGS PLANNING COMMISSION CITY COUNCIL March 17,2003 City Council Chambers A Regular Meeting and Joint Public Hearings of the Planning Commission and City Council were held on March 17, 2003 with the following members present: Commission members present: Chairman Laurie Leister Vice -Chairman Greg Dykeman Commissioner Dohn LaBiche Commissioner Dale Hallmark Commissioner Bill Lucas Commissioner Glenn Bodwin Commissioner Marty Craig Commissioner Walter Kyles Commission members absent: Commissioner Carlos Hernandez Councilmembers present: Mayor Evelyn Lord Councilman -at -Large Andrew Cokinos Councilman Guy Goodson Councilman Audwin Samuel Councilmember Bobbie Patterson Councilmernbers absent: Mayor Pro -Tern Lulu Smith Councilmember-at-Large Becky. Ames 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 APPROVAL OF THE MINUTES Commissioner Hallmark made a motion to approve the minutes of the Regular Meeting and Joint Public Hearings held February 19,2003. Commissioner Bodwin seconded the motion. Motion to approve carried 6:0. Planning Commission March 17, 2003 REGULAR MEETING 1) File 644-dB - Request to abandon a 60'x 100' section of Van Buren Avenue right- of-way at Holly Street. Applicant: Exxon Mobil Corporation (Commissioner Bodwin abstained from this case.) Mr. Richardson, told the Commission that ExxonMobil is requesting the abandonment for future upgrading and expansion of an existing power facility. ExxonMobil owns all the property south of Doucette and cast of Holly. In March, 1999, City Council approved the abandonment of a number of streets in this area. This request was sent to all interested parties. No negative responses were received. Mr. Richardson recommended approval of the request. Chairman Leister asked for the applicant's comments. The applicant was present. Commissioner LaBiche made a motion to approve the abandonment of a 60' x 100' section of Van Buren Avenue right-of-way at Holly Street as requested in File 644- OB. Commissioner Hallmark seconded the motion. Motion to approve carried 5:0:1. 2) File 647-OB: Request to abandon an un-named 60'x 314.54'street right-of-way. Location: Approximately 540'west of N. Major Drive, south of the LNVA Canal. Applicant: Douglas Barlow and John Binks Mr. Richardson said that the subject right-of-way is located in a 7,36 acre tract of land that is to be developed as an apartment complex. This item was sent to all interested parties and no objections were received. Mr. Richardson recommended approval of the request. Chairman Leister asked for the applicant's comments. Doug Barlow, the applicant, addressed the Commission. Commissioner Lucas made a motion to approve the request to abandon an un-named 60'x 314.54'street right-of-way located west of N, Major Drive as requested in File K Planning Commission Match 17,2003 647-OB. Commissioner LaBiche seconded the motion. Motion to approve carried 6:0. (Commissioner Kyles arrived.) JOINT PUBLIC HEARINGS Mayor Lord called the Joint Public Hearings of March 17, 2003 to order and explained the purpose of the joint hearing process and then turned the meeting over to Chairman Lelster. She explained the policies and procedures for the hearing process. 1) File 1657-Z: Request for a zone change from RM-H (Residential Multiple Family Dwelling -Highest Density) and GC -MD (General Commercial -Multiple Family Dwelling) to III (Heavy Industrial) District or a more restrictive district. Location: Approximately between Irving and St. Anthony and between McGovern and Schwamer Applicant: Modem, Inc. Modem, Inc. is requesting a zone change for all of its proper -ties in the Charlton - Pollard neighborhood. In January, Modem applied for a zone change to GC -MD for three lots at the southwest comer of Tilson and Schwamer. The property was to be used for employee parking. Staff recommended denial because the use would be in support of an existing nonconforming industrial use. The use is not permitted in GC -MD. Due to the lack of a Planning Commission quorum, no hearing was held. Mr. Koehnen later met with me and we discussed Modem's options - which were LI with a specific use permit or HI. Mr. Koehnen then decided to apply for HI for their property so that it would be a permitted use. Rezoning to HI could constitute spot zoning. In the staff report, Mr. Richardson addressed those issues that must be considered when making a determination ofspot zoning. The City recognizes that Modem, Inc. is a good corporate citizen and is a valuable income source for the neighborhood. However, does this zone change comply with the long range goals for the neighborhood. Mr. Richardson recommended denial of the zone change request. 69 notices were mailed to property owners within 200 feet. No responses in favor and one in opposition were returned. Planning Commission March 17, 2003 Slides of the subject property were shown. In response to Commissioner Bodwin, Mr. Richardson read the response received in opposition. Discussion followed between Council and staff regarding zoning categories and permitted uses. (Commissioner Craig arrived.) Discussion followed between Council and staff regarding illegal nonconforming uses versus legal nonconforming uses. Chairman Leister opened the public hearing and asked for the applicant's comments. Lloyd Koehnen of Modem, Inc., the applicant, addressed the Commission. Discussion followed between Council, Commission and staff regarding the applicant's options. Roderick Bluiett of Modem, Inc. addressed the Commission. Chairman Leister asked for comments in favor or in opposition. Jim Chavis, 810 Devilleneuve, addressed the Commission in opposition to the request. John DeJean, 585 Schwarner, addressed the Commission in opposition to the request. Lonnie Moore, 3970 Lou Street, addressed the Commission in favor of the request. Mr. Moore owns the property at 1898 Tilson. Discussion of truck traffic followed. Roderick Bluiett of Modem, Inc. said that he directs trucks to travel M. L. K. up to Irving, McGovern to Tilson. When leaving, the trucks make a left to Schwarner, Pennsylvania and back to M.L.K. Herbert Chavis, 3145 Cartwright, addressed the Commission in opposition to the request. The public hearing was closed. 4 Planning Commission March 17,2003 Rebuttal by Roderick Bluiett of Modem, Inc. Commissioner Lucas commented that Modem, Inc. should have spoken with the neighbors in the area before proceeding with their request. Commissioner Hallmark made a motion to deny a request for a zone change from RM-H and GC -MD to III District for the property located between Irving and St. Anthony and between McGovern and Schwamer as requested in File 1657-Z, but allowing the applicant to resubmit a different application within 12 months. Commissioner LaBiche seconded the motion. Motion to deny carried 8:0. 2) File 1659-P: Request for a specific use permit to allow a funeral home in an RCR (Residential Conservation and Revitalization) District. Location: 1685 Park Applicant: Michael Augustus Mr. Richardson told the Commission and Council that the subject property is the location of the old Carroll -Wallace Funeral Home that relocated in 1996, In 1997, City Council granted a specific use permit for a church. That church has since moved. In 1999, a specific use permit was granted for another funeral home. That use never materialized. In 2000, a specific use permit was granted for a rental hall for weddings, receptions, etc. and in 2002, a one year extension was granted for that rental hall. The site plan for the current location is exactly the same as the request for the rental hall. Parking is proposed at the rear of the facility on a lot and on a lot to the north of the building. The parking lots have never been built. Staff has received complaints from neighboring property owners about the on -street parking. This on - street parking has caused problems by blocking driveways of the neighboring properties. The applicant is requesting a modification to the screening/landscaping requirement along the west side of the property at the comer of Pennsylvania and Royal. This modification was granted in 2000. However, the parking lot is subject to perimeter landscaping consisting of a 6' landscape strip on the street frontages. Mr. R ichardson r ecommended a pproval of the r equest, s uhJ ect t o r evising t he parking lots to allow for the 6' landscape strips along the parking lot perimeters, construction of the parking lots prior to the issuance of a certificate of occupancy and with a modification to the scrcening/landscaping requirement along the property line with the structure at the comer of Pennsylvania and Royal. Twenty-seven notices were mailed to property owners within 200 feet of the subj ect property. Three responses in favor and none in opposition were received. Chairman Leister opened the public hearing and asked for the applicant's comments. The applicant was present at the meeting. R Planning Commission March 17,2003 Chairman Leister asked for comments in favor or in opposition. Lin Marie Garsee, 1725 Park Street, addressed the Commission in opposition to the request. Ms. Garsee lives across the street from the subject property. Chairman Leister closed the public hearing. Rebuttal by the applicant, Dr. Michael Augustus. Commissioner Kyles made a motion to approve a specific use permit to allow a funeral home in an RCR District at 1685 Park as requested in File 1659-P, subject to revising the parking lots to allow for the 6'landscape strips along the parking lot perimeters, construction of the parking lots prior to the issuance of a certificate of occupancy and with a modification to the screening/landscaping requirement along the property line with the structure at the comer of Pennsylvania and Royal. Commissioner Craig seconded the motion. Motion to approve carried 8:0. 3) File 1660-Z/P: Request for a zone change from RS (Residential Single Family Dwelling) to GC-MD-2 (General Commercial -Multiple Family Dwelling-2) District and a specific use permit to allow a fence contractor. Location: 8105 Highway 105 Applicant: David M. Johnson Mr. Richardson stated that the applicant was cited in January after a citizen complaint for having a business owner identification sign in front of his house. Once contacted, Mr. Johnson stated that the sign was erected in March, 1993. He writes that the reason for his zone change and specific use permit request is for the sole purpose of displaying his sign at the front of his property. Mr. Johnson states that the only business activity that is conducted from his residence is speaking with customers on the phone. A home occupation does not allow for any signage. This zone change could be considered spot zoning. The staff report discusses the issues that must be considered when determining spot zoning. On March 4, City Council denied a zone change request to GC -MD on a property 100'west of the subject property. Mr. Richardson recommended denial of the zone change request. Nineteen notices were mailed to property owners within 200 feet. No responses in favor and two in opposition were returned. Slides of the subject property were shown. rl Planning Commission Match 17, 2003 Chairman Leister opened the public hearing and asked for the applicant's comments. Dave Johnson, the applicant, addressed the Commission. Chairman Leister asked for comments in favor or in opposition. Edna Nelle Miers, 8155 Highway 105, addressed the Commission in favor of the request. Weldon Gibson, 960 Brandywine, addressed the Commission in favor of the request. The public hearing was closed. Commissioner LaBiche made a motion to deny the request for a zone change from RS to GC-MD-2 District and a specific use permit to allow a fence contractor at 8105 Highway 105 as requested in File 1660-Z/P, Commissioner Bodwin seconded the motion. Motion to deny carried 8:0. 4) File 1662-P: Request for a specific use permit to allow a child care facility in an RM-H (Residential Multiple Family Dwelling -Highest Density) District. Location: 4195 Treadway Applicant: Chad Cross Mr. Richardson stated that Chad Cross, owner of All About Kids Daycare Center, currently has his business at 5545 Eastex Freeway and wants to relocate. The new location would be licensed for 200+ children. Ages of children kept will be 6 weeks to 13 years old. Hours of operation will be 6 a.m. - 7 p.m., Monday through Friday. Mr. Cross is requesting a waiver of the landscaping/screening requirements along the south and west sides of the property. Most of this area will be playground area for the children. The south side of the property already has a 6' tall wood screening fence separating the subj ect property from an apartment complex to the south. Mr. Cross would like to construct a 6' tall screening fence along the west side. Mr. Richardson recommended approval of the request with a modification to the landscaping/screening requirements along the south and west sides of the property. Eleven 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. 0 Planning Commission March 17, 2003 Chairman Leister opened the public hearing and asked for the applicant's comments. Chad Cross, the applicant, addressed the Commission. Chairman Leister asked for comments in favor or in opposition. Ann Schaumburg addressed the Commission in favor of the request. Chairman Leister closed the public hearing. Commissioner Craig made a motion to approve the request for a specific use permit to allow a child care facility in an RM-H District at 4195 Treadway as requested in File 1662-P, subject to any detached owner identification sign shall be a monument sign and with a modification to the landscaping/screening requirements along the south and west sides of the property. Commissioner Lucas seconded the motion. Motion to approve carried 8:0. OTHER BUSINESS THERE BEING NO FURTHER BUSINESS, TIM MEETING WAS ADJQ1-AA