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HomeMy WebLinkAbout2-19-03 PC MinutesMINUTES REGULAR MEETING AND JOINT PUBLIC HEARINGS PLANNING COMMISSION CITY COUNCIL February 19, 2003 City Council Chambers A Regular Meeting and Joint Public Hearings of the Planning Commission and City Council were held on February 19, 2003 with the following members present: Commission members present: Chairman Laurie Leister Commissioner Walter Kyles Commissioner Carlos Hernandez Commissioner Glenn Bodwin Commissioner Marty Craig Commission members absent: Vice -Chairman Greg Dykeman Commissioner Bill Lucas Commissioner Dale Hallmark Commissioner Dohn LaBiche Councilmembers present: Mayor Pro-Tem Lulu Smith Councilman -at -Large Andrew Cokinos Councilmember-at-Large Becky Ames Councilman Guy Goodson Councilman Audwin Samuel Councilmembers absent: Mayor Evelyn Lord Councilmember Bobbie Patterson 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 Craig made a motion to approve the minutes of the Regular Meeting and Joint P ublic H earings h eld D ecernber 16, 2 002. C ornmissioner B odwin se conded t he motion. Motion to approve carried 5:0. Planning Commission February 19, 2003 REGULAR MEETING File 642-OB - Request to abandon a 20' wide utility easement in the abandoned alley of Block 72, Van Wormer Addition. Location: College Street at Avenue A and Orange Street Applicant: Austin Brown for Lion Construction Mr. R ichardson t old t he C onimission t hat L ion C onstruction 1 s r equesting t he abandonment of the 20'x 300'utility easement in order to construct a new Family Dollar store on a 1.05 acre tract that spans the easement. This utility easement was created when an alley was abandoned in 1947. This abandonment 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 at the meeting. Commissioner Hernandez made a motion to approve the abandonment of the 20' wide utility easement in the abandoned alley of Block 72, Van Wormer Addition located between Orange Street and Avenue A as requested in File 642-OB. Commissioner Craig seconded the motion. Motion to approve carried 5:0. 2) File 643-OB: Request to abandon the 20' drainage easement and the 10' utility easement in Block 17 of the Replat of Calder Place Addition. Location: 985 22 nI Street Applicant: Fred Dreyer Mr. Richardson stated that the request was for the abandonment of a 20' wide drainage easement and a 10'wide utility easement along the rear of Lot 24, Block 17, Replat to Calder Place Addition. Fred Dreyer, the property owner, would like to construct a 13'x 14 Y2'boat shed in the northwest comer of his property. The boat shed will encroach into the two easements. 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. The applicant was present at the meeting. K Planning Commission February, 19, 2003 In response to Chairman Leister, Mr. Richardson said that there have been other easement abandonments in this block. Commissioner Craig made a motion to approve the request to abandon the 20' drainage easement and the 10'utility easement in Block 17 of the Replat of Calder Place Addition at 985 22 "d Street as requested in File 643-013. Commissioner Bodwin seconded the motion. Motion to approve carried 5:0. 3) Replat - Lot I ' Block 5, Wescalder Fig Acres: Request to consider the replat of Lot 1, Block 5, Wescalder Fig Acres into Lots IA, IB and IC. Location: Southwest comer of Washington Boulevard and Wooten Road Applicant: Richard Faust, P. E. for property owner Mr. Richardson said that the request is for a replat of Lot I into three 1.53 acre lots. A house and barn currently sit on what would be Lot I B. Lots IA and I C are currently vacant. The Major Street and Highway Plan designates Washington Boulevard as a secondary arterial. This portion of Washington calls for an 80'wide right-of-way. The existing right-of-way for this portion of Washington is 50'. An additional 30' of right-of-way is needed, thus the need for the dedication of 15' along the northern edge of the subject property. The replat was sent to all interested parties. The only objection received was the one requiring the condition of the additional 15'. Mr. Richardson recommended approval of the replat subject to the dedication of 15' of right-of-way along the north property line of Lot IA. Nineteen notices were mailed to property owners within 200 feet. No responses in favor and one in opposition were returned to staff. Chairman Leister opened the public hearing and asked for the applicant's comments. Richard Faust of Faust Engineering, Inc., the applicant, addressed the Commission. Being no other comments, Chairman Leister closed the public hearing. Commissioner Craig made a motion to approve the Replat of Lot 1, Block 5, Wescalder Fig Acres into Lots I A, I B and I C, located at the southwest comer of Washington Boulevard and Wooten Road subject to the dedication of 15' of right- of-way along the northern edge of the property. Commissioner Kyles seconded the motion. Motion to approve carried 5: 0. Plannine Commission February 19, 2003 4) Preliminary Plat - - Ronald Domoneck Subdivision, Section Two: Consider the Preliminary Plat of the Ronald Domoneck Subdivision, Section Two. Location: Bennett Road, west of Bigner Road, east of Betsy Lane Applicant: Faust Engineering, Inc. Mr. Richardson explained that the preliminary plat is a 1.4 acre tract of land that is to be developed into a six lot single family residential subdivision. The subject property will be served by an extension of Minnie Drive, The plat was sent to all interested parties. No objections were received, but the Water Utilities Department made the following conditions for approval: 1) Show the existing sanitary sewer line on Signora Lane. 2) Label all proposed information on the plat, i. e., proposed manholes, utility lines, etc. 3) Show all the service lines for the sanitary sewer and water lines on the preliminary construction plans. A revised preliminary plat showing the corrections will need to be submitted to staff. Mr. Richardson recommended approval of the request with the aforementioned conditions. Chairman Leister asked for the applicant's comments. Richard Faust of Faust Engineering, Inc., the applicant, addressed the Commission. Commissioner Bodwin made a motion to approve the Preliminary Plat of Ronald Domoneck Subdivision, Section Two, located on Bennett Road, west of Bigner Road and east of Betsy Lane, subject to the following conditions: I ) Show the existing sanitary sewer line on Signora Lane. 2) Label all proposed information on the plat, i. e., proposed manholes, utility lines, etc. 3) Show all the service lines for the sanitary sewer and water lines on the preliminary construction plans. 4) A revised preliminary plat showing the corrections will need to be submitted to staff. Commissioner Hernandez seconded the motion. Motion to approve carried 5:0. Planning Commission February 19. 2003 3) Preliminary Plat - Willow Creek Country Club Estates, Phase 11, Section XC: Consider the Preliminary Plat of Willow Creek Country Club Estates, Phase 11, Section XC. Applicant: Carroll and Blackman, Inc. Mr. Richardson explained that the request is for a preliminary plat for a 10 lot single family residential subdivision. This subdivision would complete the extension of Champions Drive. In December, 1999, the Planning Commission approved a preliminary plat for Sections XA, Y.B and XC. Sections XA and XB were completed. Time has expired for Section XC. Therefore, the developer is now submitting this plat to complete the project. The plat was sent to all interested parties. No negative comments were received. Mr. Richardson recommended approval of the request. Chairman Leister asked for the applicant's comments. Joe Pattie of Carroll & Blackman, Inc,, the applicant, addressed the Commission. Commissioner Hernandez made a motion to approve the Preliminary Plat of Willow Creek Country Club Estates, Phase 11, Section XC as requested. Commissioner Craig seconded the motion. Motion to approve carried 5:0. 4) File 644-OB: Request to abandon a 60'x I 00'section of Van Buren Avenue right- of-way at Holly Street. Applicant: Exxon Mobil Corporation Mr, Richardson explained that because Commissioner Bodwin needs to abstain from this case because of a conflict of interest, the quorum of the Commission is lost, therefore postponing the case until next month's meeting. 5) File 646-OB: Request to abandon a 49.92'x 59.90'section of Coolidge Street right- of-way. Applicant: Litwood, Inc. Mr. Richardson stated that the subject case is a request for the abandonment of a 49.9'x 59.9'portion of Coolidge Street right-of-way. Bill Little is requesting the abandonment to include the right-of-way and the adjacent Lot 12 into Lots 24 and 25 of Christina Court, Section Two. This portion of Coolidge Street is unimproved. The item was sent to all interested parties. No negative responses were received. Planning Commission Fcbruary 19.2003 Mr. Richardson recommended approval of the request. Chairman Leister asked for the applicant's comments. Bill Little, the applicant, was present at the meeting. Commissioner Craig made a motion to approve the request to abandon a 49.92' x 59.90' section of Coolidge Street right-of-way as requested in File 646-OB. Commissioner Kyles seconded the motion. Motion to approve carried 5:0. JOINT PUBLIC HEARINGS Mayor Pro-Tem Smith called the Joint Public Hearings of February 19, 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. I File 165 1 -P: Request for a specific use permit to allow a dental office in an RM-H (Residential Multiple Family Dwelling -Highest Density) District. Location: 2155 Dowlen Applicant: Nancy Endari Dr. Nancy Endari is requesting a specific use permit to allow her to build a 2,000 sq. ft. dental office at 2155 Dowlen Road. She is requesting a modification to the landscaping requirements along the west property line. The site plan shows 25of green area between the fence and the proposed parking. An 8'tall wood screening fence already exists along that property line. The Traffic Manager has reviewed the site plan and is requiring modifications to the front parking lot concerning aisle width and bumper curbs, Mr. Richardson recommended approval subject to the conditions as stipulated by the Traffic Manager and a modification to the landscaping requirements along the west property line. 117 notices were mailed to property owners within 200 feet. No responses in opposition and 101 in favor were returned. Slides of the subject property were shown. Chairman Leister opened the public hearing and asked for the applicant's comments. The applicant was not present. 0 Planning Commission February 19, 2003 Chairman Leister asked for comments in favor or in opposition. No comments were made. The public hearing was closed. Discussion followed between the Commission and staff regarding fencing. Commissioner Bodwin made a motion to approve a request for a specific use permit to allow a dental office in an RM-H District at 2155 Dowlen as requested in File 165 1 -P, subject to the condition that the property owner maintain an 8' tall opaque fence along the west property line, modification to the landscape strip along the west property line from 10' to 2 11? and modification to the front parking lot concerning aisle width and bumper curbs as required by the Traffic Manager. Commissioner Hernandez seconded the motion. Motion to approve carried 5:0. 2) File 1652-P: Request for a specific use permit to allow a nightclub in a GC -MD (General Commercial -Multiple Family Dwelling) District, Location: 5230 S. M. L. King Parkway Applicant: George Kay Mr. Richardson told the Commission and Council that the applicant, George Kay, is requesting the specific use permit to allow the operation of a dance club and bar in an existing 12,500 sq. ft. building. The club will not be a sexually oriented business. The property is split zoned GC -MD for the front half and LI (Light Industrial) for the rear half. The property has been used for a nightclub in the past but has been vacant for more than a year. A nightclub requires a specific use pen -nit in GC -MD. Mr. Richardson recommended approval subject to the Traffic Manager's condition of installing one additional disabled parking space. Twenty notices were mailed to property owners within 200 feet of the subject property. Three responses in favor and two in opposition were received. Slides of the subject property were shown. Chairman Leister opened the public hearing and asked for the applicant's comments. George Kay, the applicant, addressed the Commission. 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 nightclub in a GC -MD District at 5230 S. M. L. King Parkway as requested in File 1652-P, subject to the Traffic Manager's condition of installing Planning Commission February 19, 2003 one additional disabled parking space. Commissioner Hernandez seconded the motion. Motion to approve carried 5:0. 3) File 1653-P: Request for a specific use permit to allow a building construction/general contractors and construction/special trade contractors in a GC - MD (General Commercial -Multiple Family Dwelling) District. Location: Northeast comer of Chamberlin and Washington Applicant: J. E. Williamson Mr. Richardson stated that the specific use permit request was to allow construction -special trade contractors and building construction -general contractors in three proposed buildings at the northeast comer of Washington Boulevard and Chamberlin Drive. The property is zoned GC -MD. In 1992, City Council approved a specific use permit to allow storage of heavy equipment. This use no longer exists. Mr. Williamson, the property owner, is now asking for a specific use permit to allow the aforementioned uses. The proposal calls for three buildings, ranging in size from 3,750 sq. ft. to 4,950 sq. ft. and related parking. The subject property abuts RS zoning to the north. An 8'tall screening fence and I O'deep landscape strip are required along that property line. Instead of an 8' fence and 10' landscape strip, a 30' deep landscaped strip can be substituted. There is currently a Ctall chain link fence surrounding the property. Staff has spoken with Mr. Williamson about his options and he agreed to a 30' deep landscaped strip along the north property line. Mr. Richardson recommended approval subject to providing the 30' deep landscaped strip along the north side of the property. Seventeen 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. Discussion followed between staff, the Commission and Council regarding landscaping, traffic, etc. Chairman Leister opened the public hearing and asked for the applicant's comments. John Wilson of Sheri Arnold Properties, Inc. addressed the Commission. Mr. Wilson said that in the past, the property has housed 18 wheelers. He said they are proposing to put in office warehouse space that would lend itself to the basic trade N. Planning Commission February 19, 2003 area as it is today and that they are not really trying to increase it. The property directly to the west used to be occupied by a construction company and was there for 15-20 years. They are not as interested in 18 wheeler traffic as they are being able to appeal to the special trade contractors which would include plumbers, electricians, even some of the durable medical equipment facilities that are coming into the area. In response to questions from the Commission, Mr. Wilson said that the parking area would be concrete, but they are not planning on any 18 wheeler traffic and would be agreeable to that being a condition of the specific use permit. He added that they are aware of some drainage problems so when they go in to improve the property, they will put in proper grading per city requirements so that doesn't fall back into the neighbors backyard. After discussing signage, it was agreed that it would not exceed 8'. (Councilmember Ames arrived.) Chairman Leister asked for comments in favor or in opposition. J. E. Williamson, the property owner, addressed the Commission in favor of the request. Deanna Feagan, 1695 Chamberlin, addressed the Commission in opposition to the request. Ms. Feagan said that her property floods as a result of the neighboring properties being built up so much higher than hers. The City told Ms. Feagan that it would take about 8 years to fix her drainage problems. The public hearing was closed. Rebuttal by John Wilson. He reiterated that there will be no 18 wheeler traffic and feels that the drainage problems are more of an engineering problem and not due to the direct use of the property. In response to Commissioner Craig, Mr. Richardson said that the City Engineer approved the request. Discussion followed between the Commission, Mr. Wilson and Mr. Williamson regarding drainage. In response to Chairman Leister, Mr. Williamson said that he doesn't anticipate any 18 wheeler traffic which would only be to unload equipment and on a one-time basis. Commissioner Kyles made a motion to approve a request for a specific use permit to allow a building construction/general contractors and construction/special trade contractors in a GC -MD District at the northeast comer of Chamberlin and Washington as requested in File 1653-P, subject to the following conditions: WII Planning Commission Febrnan- 19, 2003 1) A 30'landscaped strip will be required along the north side of the property. 2) If detached owner identification signs are desired, no more than three (3) detached signs shall be permitted. No detached owner identification sign shall exceed six (6) feet in height. Commissioner Craig seconded the motion. Motion to approve carried 5:0. 4) File 1654-P: Request for a specific use permit to allow a business office for a building construction/general contractor in a GC -MD (General Commercial - Multiple Family Dwelling) District. Location: 10295 Eastex Freeway Applicant: Fittz and Shipman, Inc. Mr. Richardson stated that the applicant, Total Restoration Company, repairs and restores buildings and structures damaged by water and fire. The subject property will be the location of the company's Beaumont District office. The existing building that formerly housed Girls' Haven is being used for the company's office. A 7,000 sq. ft. warehouse will be built behind the existing structure. In addition to Total Restoration's office and warehouse, a 12,150 sq. ft. commercial building and seven units of multiple family are proposed. Another area in the northeast comer of the property is also designated for future use. Commercial and multiple family uses are permitted by right in a GC -MD District. When the business owner originally came to the City to get building permits, it was to install a new roof and to do interior work. A sign permit was also received. The building w as n of t o b e o ccupied u ntil a C ertificate o f 0 ccupancy w as i ssued. However, a parking lot was installed without pen -nits. The Fire Marshall states that a fire hydrant is needed because the property does not have adequate fire protection. Mr, Richardson recommended approval of the request subject to the business owner complying with all applicable city codes, Nine notices were mailed to property owners within 200 feet. No responses in favor or in opposition were returned. Chairman Leister opened the public hearing and asked for the applicant's comments. John Holm with Fittz and Shipman, Inc. addressed the Commission. 10 Planning Commission February 19, 2003 Chairman Leister asked for comments in favor or in opposition. No comments were made. Chairman Leister closed the public hearing. Commissioner Bodwin made a motion to approve the specific use permit to allow a business office for a building construction/general contractor in a GC -MD District at 10295 Eastex Freeway as requested in File 1654-P, subject to the business owner complying with all applicable city codes, including installation of a fire hydrant. Commissioner Hernandez seconded the motion. Motion to approve carried 5:0. 5) File 1655-Z: Request for a zone change from RS (Residential Single Family Dwelling) to GC -MD (General Commercial -Multiple Family Dwelling) District or a more restrictive commercial district. Location: 8155 Highway 105 Applicant: Edna Nelle Miers Mr. Richardson told the Commission and Council that the applicant is requesting this zone change to operate a plant nursery on the subject property. Ms. Miers justifies her request upon the fact that there are already several businesses located on Highway 105, Of t hose o n t he south side of Highway 105, the nearest, a proposed beauty shop, is 600'east of the subject property. This zone change could be considered spot zoning. In the staff report are several issues that must be taken into account when considering spot zoning. These issues that must be answered deal with whether the zone change would alter the approved zoning plan to the special benefit of the landowner; would the zone change adversely impact the surrounding properties; is the property unsuitable for use as presently zoned; and does the proposed zone chhnge bear a substantial relationship to the public health, safety, morals or general welfare or protect historical and cultural places. Mr. Richardson recommended denial of the request because it would constitute spot zoning. Eleven notices were mailed to property owners within 200 feet of the subject property. One response in favor and three in opposition were returned to staff. Chairman Leister opened the public hearing and asked for the applicant's comments. Edna Miers, the applicant, addressed the Commission. She said she spoke with her nearest neighbors and they were all in favor of the request, Ms, Miers stated that there is a business at 8105 Highway 105. In response, Mr. Richardson said that it was an illegal use that the City is currently dealing with. Commissioner Kyles suggested tabling the request. I I Planning- Commission Februar), 19, 2003 Chairman Leister asked for comments in favor or in opposition. Maudic Pope, 8095 Highway 105, addressed the Commission in opposition to the request. Chairman Leister closed the public hearing. Commissioner Kyles made a motion to deny the request for a zone change from RS to GC -MD District at 8155 Highway 105 as requested in File 1655-Z, Commissioner Hernandez seconded the motion, Motion to deny carried 5:0. 6) File 1656-P: Request for a specific use permit to allow a beauty salon in an RCR (Residential Conservation and Revitalization) District, Location: Northwest comer of Shell Road and Highland Avenue Applicant: Kevin and Lynell Simien Mr. Richardson told the Commission and Council that the applicant, Lynell Simien, is requesting a specific use permit in order to operate a three chair beauty salon. Ms. Simien states that she currently styles hair in a shop directly across the street but would like to open her own shop. Ms. Simien is requesting a modification to the landscaping/screening requirements along the north and west sides of the property. Immediately to the west is a 45' wide power line right-of-way, West of that is a dilapidated residential structure. Ms. Simien has stated that she is interested in buying that property. Therefore, she would like the landscaping/screening requirements to be waived along the west property line. In the northwest comer of the property, 2l'of the landscape strip is approximately 2'deep due to the location of the proposed parking. A modification to the 10' landscape strip is required along the north property line to allow landscaping as shown. An 8'tall screening fence is still recommended. Mr. Richardson recommended approval of the request subject to a modification to the landscaping/screening requirements along the west property line and a modification to the landscaping requirements along the north property line. Twenty-four notices were mailed to property owners within 200 feet. Two responses in favor and one in opposition were returned to staff, Chairman Leister opened the public hearing and asked for the applicant's comments. Lynell Simien, the applicant, addressed the Commission. Chairman Leister asked for comments in favor or in opposition, Planning Commission February 19, 2003 Tony Prados, 1090 Avenue H, addressed the Commission in opposition to the request. Ms. Prados said that she and her husband own Tony's Hair Studio at 4570 Highland Avenue and said that the proposed request would be located directly across the street from her business. Kevin Simien addressed the Commission in favor of the request. Chairman Leister closed the public hearing. Rebuttal by Lynell Simien. Commissioner Kyles made a motion to approve the request for a specific use permit to allow a beauty salon in an RCR District at the northwest comer of Shell Road and Highland Avenue as requested in File 1656-P, subject to a modification to the landscaping/screening requirements along the west property line and to the landscaping requirements along the north property line. Commissioner Craig seconded the motion. Motion to approve carried 5:0. OTHER BUSINESS THERE, BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED AT 4:45 P. M. 13