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HomeMy WebLinkAbout11-19-01 PC MinutesMINUTES I REGULAR MEETING AND JOINT PUBLIC HEARINGS PLANNING COMMISSION CITY COUNCIL November 19,2001 City Council Chambers A Regular Meeting and Joint Public Hearings ofthc Planning Commission and City Council were held on November 19, 2001 with the following members present: Commission members present: Chairman Laurie Leister Vice -Chairman Greg Dykeman Commissioner Bill Lucas Commissioner Dale Hallmark Commissioner Glenn Bodwin Commission members absent: Commissioner Marty Craig Commissioner Dohn LaBiche Commissioner Carlos Hernandez Commissioner Albert Robinson Councilmembers present: Mayor David W. Moore Councilmember-at-Large Becky Ames Councilmember Bobbie Patterson Councilmembers absent: Mayor Pro-Tem Guy Goodson Councilman -at -Large Andrew Cokinos Councilman Audwin Samuel Councilmember Lulu Smith Also present: Stephen Richardson, Planning Manager; Tyrone Cooper, First Assistant City Attorney; Jill Cole, Recording Secretary; Adina. Abshire, Planning Technician; Cheryl Robinson, Senior Planner; Bill Dupree, Senior Planner; Bart Baker, Senior Planner; Stephen Bonczek, City Manager and Kyle Hayes, Executive Assistant City Manager APPROVAL OF THE MINUTES Vice -Chairman Dykeman made a motion to approve the minutes of the Regular Meeting and Joint Public Hearings held October 15, 2001 and the minutes of the Public Hearing held October 29,2001. Commissioner Bodwin seconded the motion. Motion to approve carried 5:0. Planning Commission November 19, 2001 REGULAR MEETING 1) Preliminary Plat -Willow Creek Country Club Estates, Phase L Section VI: Consider the Preliminary Plat of Willow Creek Country Club Estates, Phase I, Section VI, containing 18.2334 acres, situated on Brooks Road at Willow Bend Drive and zoned RM-H (Residential Multiple Family Dwelling -Highest Density). Applicant: Carroll and Blackman, Inc. for Beaumont Willow Creek, Inc. Mr. Richardson stated that the subject plot is a 15 lot, single family residential subdivision. These lots will range in size from 0.86 to 1.3 acres. The subdivision will be served by an extension of Willow Bend Drive, a collector street, and two cul-de-sacs. Copies of the plat were sent to all interested parties. No objections were received. Mr. Richardson recommended approval of the plat. Chairman Leister asked for the applicant's comments. Joe Pattie with Carroll and Blackman, Inc., the applicant, addressed the Commission. Commissioner Lucas made a motion to approve the Preliminary Plat of Willow Creek Country Club Estates, Phase 1, Section VI as requested. Commissioner Hallmark seconded the motion. Motion to approve carried 5:0. 2) Willow Creek Country Club Estates, Phase IL Section X: Request to extend the 24 month time limit for the Preliminary Plat of Willow Creek Country Club Estates, Phase 11, Section X. Applicant: Carroll and Blackman for Beaumont Willow Creek, Inc. Mr. Richardson stated that the request is for a 12 month extension of the time limit for this preliminary plat. Preliminary plat approval is valid for two years. In order to complete this project, a 12 month extension is required. This plat was for 35 single family lots fronting along Champions Drive. Mr. Richardson recommended approval of the time extension. Chairman Leister asked for the applicant's comments. Joe Pattie of Carroll and Blackman, Inc., the applicant, addressed the Commission. '01 Planning Commission November 19,2001 Vice -Chairman Dykcman made a motion to approve the 12 month time extension for the Preliminary Plat of Willow Creek Country Club Estates, Phase 11, Section X as requested. Commissioner Bodwin seconded the motion. Motion to approve carried 5:0. 3) File 618-OB: Request to abandon two 10'wide unused utility easements in Block 2 of the Suburban Acres Addition, Unit One. Applicant: Adam's Storage, L. P., Bruce Craig Mr. Richardson stated that when this property was originally platted, a 30'lateral ditch extending through the middle of Block 2 was granted to LNVA. This ditch has since been abandoned and quitclaimed to Mr. Craig's company. A note on the 1955 plat stated that there would be two 10'utility easement on all rear lot lines. Utilities are provided along Old Voth Road and the Eastex Freeway feeder road. Mr. Craig has plans to develop property on Old Voth Road and would like to abandon the easements. This request was distributed to all interested parties and no objections were received. Mr. Richardson recommended approval of this request for abandonment. Chairman Leister asked for the applicant's comments. Bruce Craig, the applicant, addressed the Commission and answered questions. Commissioner Hallmark made a motion to approve the abandonment of two 10' wide unused utility easements in Block 2 of the Suburban Acres Addition, Unit One as requested in File 618-OB. Commissioner Lucas seconded the motion. Motion to approve carried 5:0. JOINT PUBLIC HEARINGS Mayor Pro-Tem Goodson called the Joint Public Hearings of November 19, 2001 to order and explained the purpose of the joint hearing process and then turned the meeting over to Chairman Leister. He explained the policies and procedures for the hearing process. 1) File 1590-P: Request for a specific use permit in an RS (Residential Single Family Dwelling) District to allow the use of a trailer as temporary living quarters. Location: 1825 Montrose Applicant: William L. And Victoria L. Manning Mr. Richardson stated that the applicant's house was heavily damaged during the June storms. The house flooded and repair will cost more than the house is worth. 3 Planning Commission November 19,2001 The applicants plan to build a new house on the property. It will be required to meet elevation requirements. They ask that they be allowed to temporarily live in the travel trailer until the house is complete, about 6 months. While the Zoning Ordinance does not specifically address this situation, the City has allowed, with a specific use permit, the use of recreational vehicles as temporary living quarters. Mr. Richardson recommended of the request for 6 months. Thirteen 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. William and Victoria Manning, the applicants, addressed the Commission. They asked for approval of their request and a refund of their specific use permit application fee. After discussion between members of the Commission and the applicants, the applicants asked to be allowed to use their trailer for 8 months instead of 6 months. Chairman Leister asked for comments in favor or in opposition. Cindy Audilet, 1755 Montrose, addressed the Commission in favor. Ms. Land's house was also damaged during the"flood. The public hearing was closed. (Mayor Moore arrived.) Commissioner Lucas made a motion to approve a specific use permit in an RS District to allow the use of a trailer (mobile home) as temporary living quarters for a period of 8 months at 1825 Montrose as requested in File 1590-P and the refund of the specific use permit application fee. Vice Chairman Dykeman commented that the refund of the application fee and approval of the specific use permit be separate motions. Commissioner Hallmark seconded Commissioner Lucas' motion. Motion to approve carried 4:1 (Dykeman). 4 Planning Commission November 19,2001 2) Filel.591-P: Request for a specific use permit to allow the construction of anew church and associated support services in an A-R (Agricultural -Residential) District. Location: 3810 North Major Drive at Folsom Drive Applicant: Marty S. Vershel for Wesley United Methodist Church Mr. Richardson stated that the subject property contains 21 acres. Wesley United Methodist Church plans to build their new sanctuary at the location of the former school site of First Baptist Church. First Baptist received a specific use permit for a private elementary school in 1995. Wesley plans to build a new 17,500 square foot sanctuary and an attached 10,500 square foot administration area with classrooms. Other facilities are planned and use of the existing classrooms and gymnasium will be utilized. Mr. Richardson recommended approval of the specific use permit, subject to the installation of an 8'tall screening fence and 10'wide landscaping buffer along the east property line, save and except for the north 296 feet. Nine 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, Commissioner Lucas asked why an 8'tall fence was being required on the east side only. Mr. Richardson replied that when abutting residential property which A-R zoning is, a 10' wide landscape strip is required per the Zoning Ordinance, Discussion of signage and landscaping followed. Chairman Leister opened the public hearing and asked for the applicant's comments. Marty Vershel, Senior Pastor of Wesley United Methodist Church, was present and addressed the Commission. Chairman Leister asked for comments in favor or in opposition. No comments were made. The public hearing was closed. Commissioner Lucas made a motion to approve the specific use permit to allow the construction of a new church and associated support services in an A-R District at 3 810 North Major Drive as requested in File 159 1 -P, subject to it being required to install and construct an 8'tall screening fence and 1 O'wide landscaping buffer along the east property line except for the North 296'. Commissioner Hallmark seconded the motion. Motion to approve carried 5:0. Planning Commission November 19, 2001 3) File 1592-Z: Request for a zone change from A-R (Agricultural -Residential) to RS (Residential Single Family Dwelling) District for a 8.28 acre tract, Location: Barrington Heights (north of Delaware, west of Dowlen) Applicant: Richard Guseman for Talisman Development Company, Inc. Mr. Richardson stated that the subject property is another extension of Barrington Heights. It encompasses 34 new lots.* Mr. Richardson recommended approval of the request. Four notices were mailed to property owners within 200 feet. No responses in favor or in opposition were returned. Slides of the subject property were shown. Chairman Leister opened the public hearing and asked for the applicant's comments. Richard Guseman, 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 Bodwin made a motion to approve a zone change from A-R to RS District for a 8.28 acre tract located in Barrington Heights, north of Delaware and west of Dowlen as requested in File 1592-Z. Vice -Chairman Dykeman seconded the motion. The motion to approve carried 5:0. 4) File 1593-P: Request for a specific use permit to allow a beauty shop in an RM-H (Residential Multiple Family Dwelling -Highest Density) District. Location: 2310 Morrison Applicant: Annie Solomon Mr. Richardson stated that the applicant, Annie Solomon, would like to allow her granddaughter to use the existing 14' x 29' wood building in her back yard as a beauty shop. The building sits on the foundation of a former barber shop. The barber shop has been closed for several years. The building was dilapidated and was tom down. A new building is being built in its place. The new building sits on the rear property line. The back yard faces an unpaved dead-end of Porter Street. The site plan shows parking on the right-of-way. The use, as proposed, would not be detrimental to the neighborhood. However, there is no room for parking, except that designated on city right-of-way. As a 0 Planning Commission November 19,2001 result, parking would have to be waived through a special exception by the Zoning Board of Adjustment or the street right-of-way would have to be abandoned by City Council. Until either of those options are undertaken, Mr. Richardson recommended denial of the specific use permit request. Forty-five notices were mailed to property owners within 200 feet. No responses in opposition or in favor were returned. Slides of the subject property were shown. Discussion of parking followed between the Commission and staff. Chairman Leister opened the public hearing and asked for the applicant's comments. Patricia McCoy, 490 Mary Street, addressed the Commission on behalf of her mother, Annie Solomon. Chairman Leister asked for comments in favor or in opposition. Edgar Sonny Perkins, 2290 Morrison, addressed the Commission in favor of the request. The public hearing was closed. Vice -Chairman Dykenian made a motion to approve the specific use permit to allow a beauty shop in an RM-H District at 2310 Morrison as requested in File 1593-P, subject to the granting of a special exception by the Zoning Board of Adjustment for parking or the street right-of-way abandonment by City Council. Commissioner Bodwin seconded the motion. Motion to approve carried 5:0. 5) File 1594-P: Request for a specific use permit to allow an office for a massage therapist and optician in an RM-H (Residential Multiple Family Dwelling -Highest Density ) District. Location: 8117 Gladys Avenue, Building B, Suite 103 Applicant: Lief A. Wallace File 1594-P could not be heard because there was not a quorum. Commissioner Lucas would have to abstain because of a conflict of interest, leaving only four members present to hear the case. W Planning Commission November 19,2001 6) File 1595-Z: Request to remove one lot zoned GC -MD (General Commercial - Multiple Family Dwelling) from the Oaks Historic District. Location: 2685 Louisiana at 1 J." Street Applicant: Tony and Dana Archibald Mr. Richardson stated that the applicants, Tony and Dana Archibald, are planning to purchase two abutting lots on Louisiana at I I' Street. Lot 10 is occupied by a house. Lot 11, which abuts 11 t' Street, is vacant. Both lots are under one ownership. The applicants have requested that Lot 10 be removed from the Historic District so that they may purchase the property and develop it without the burden of meeting the historic district regulations. When the district was created, care was taken to exclude the commercial properties along I I' Street and Calder. It was with that purpose that the vacant Lot 10, with direct frontage on 11"' Street, was excluded. However, the house was included in the district as it was recognized as an asset. Since both properties are already zoned GC -MD, the property can be used for commercial purposes. The structure could remain residential or be adapted for a number of uses. If the structure was in such a condition that warranted demolition, the Historic Landmark Commission would have to approve that demolition. In addition, the Landmark Commission would have to approve the design of any structure that is built on the property. What is of concern is the appearance of a structure that could be built on the property if it was outside the district and what effect a structure that is not sensitive to the historic district would have on the district. Mr. Richardson recommended denial of the request. Twenty-two notices were mailed to property owners within 200 feet. No responses in favor or in opposition were returned. Slides of the subject property were shown. Chairman Leister opened the public hearing and asked for the applicant's comments. Tony and Dana Archibald, the applicants, addressed the Commission. In response to Commissioner Hallmark, Mr. and Mrs. Archibald said that they have no firm future plans for the property. Planning Commission November 19,2001 Chairman Leister asked for comments in favor or in opposition. Jeanette Hood, 2590 Louisiana, addressed the Commission in opposition. Mrs. Hood is concerned because the applicants have no firm proposed use. Ralph Jordan, 2145 Hazel, addressed the Commission in opposition. Mr. Jordan owns several pieces of property in the Oaks Historic District. Phil Dunlap, 2444 Broadway, addressed the Commission in opposition to the request. Marc McDonald, 2477 Long, addressed the Commission in opposition to the request. Mr. McDonald owns property at 2680 Gladys, which backs up to the subject property. James Woodfield, 2495 Pecos, addressed the Commission in opposition. Mr. Woodfield also owns the home at 2380 Pecos. The public hearing was closed. Rebuttal by Mr. and Mrs. Archibald followed. Commissioner Hallmark commented on the preservation of the Oaks Historic District. Vice -Chairman Dykeman made a motion to deny a request to remove one lot zoned GC -MD from the Oaks Historic District at 2685 Louisiana at 1 l' Street as requested in File 1595-Z. Commissioner Hallmark seconded the motion. Motion to deny carried 4:1 (Lucas). OTHER BUSINESS THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED. E,