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HomeMy WebLinkAbout9-16-02 PC MinutesMINUTE REGULAR MEETING AND JOINT PUBLIC HEARING PLANNING COMMISSION CITY COUNCIL September 16, 2002 City Council Chambers A Regular Meeting and Joint Public Hearing of the Planning Commission and City Council were held on September 16, 2002 with the following members present: Commission members present: Chairman Laurie Leister Commissioner Bill Lucas Commissioner Marty Craig Commissioner Dale Hallmark Commissioner Walter Kyles Commissioner Dohn LaBiche Commissioner Glenn Bodwin Commission members absent: Vice -Chairman Greg Dykeman Commissioner Carlos Hernandez Councilmembers present: Mayor Evelyn Lord Mayor Pro -Tern Lulu Smith Councilmember-at-Large Becky Ames Councilman -at -Large Andrew Cokinos Councilman Guy Goodson Councilmembers absent: Councilmember Bobbie Patterson Councilman Audwin Samuel Also present: Stephen Richardson, Planning Manager; Tyrone Cooper, First Assistant City Attorney; Adina Abshire, Planning Technician; Jill Cole, Recording Secretary; Cheryl Robinson, Senior Planner APPROVAL OF THE MINUTES Commissioner Hallmark made a motion to approve the minutes of the Regular Meeting and Joint Public Hearings held August 19, 2002. Commissioner LaBiche seconded the motion. Motion to approve carried 5:0. Planning Commission September 16,2002 REGULAR MEETING Replat - West Oaks Townhomes, Phase - Request for a replat of West Oaks Townhomes, Phase I to add Lots 42-44. Location: 513, 519 & 525 Harbor Oaks Drive Applicant: Schaumburg & Polk, Inc. (A public hearing is required for this case.) Mr. Richardson stated that Construction Equity, Inc., the developer, is requesting the addition of three townhouse lots and an additional 85'of Harbor Oak Drive on the north side of the existing townhouse lots. Each lot will be accessed by a 28' wide private drive. The private drive and all common areas will be maintained by the Townhouse Owners' Association. The subject request was sent to all interested parties and no objections were received. Mr. Richardson recommended approval of the request. Chairman Leister opened the public hearing and asked for the applicant's comments. Troy Whitehead with Schaumburg and Polk, Inc., 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 LaBiche made a motion to approve the replat of West Oaks Townhomes, Phase I as requested. Commissioner Bodwin seconded the motion. Motion to approve carried 5:0. 2) File 636-OB: Request to abandon approximately 150'of the 20'alley between Lots 5-7, Bryan Addition and Tracts C, J and K, Plat S, N. Tevis Survey Location: 1320 Pennsylvania Avenue Applicant: American Legion Post #33 Mr. Richardson stated that the American Legion has plans to expand its post to better serve its member. Mr. Trahan, the applicant, states that the alley has not been in use for over 50 years. The request 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. PA Planning Commission September 16,2002 John Baros with the American Legion Post #33 addressed the Commission on behalf of Mike Trahan, the applicant. Commissioner Lucas made a motion to approve the request to abandon 150' of the 20'alley between Lots 5-7, Bryan Addition and Tracts C, J and K, Plat S, N. Tevis Survey at 1320 Pennsylvania Avenue as requested in File 636-OB. Commissioner Hallmark seconded the motion. Motion to approve carried 5:0. 3) File 6 : Request to abandon a 30'x I 50'portion of a utility casement, formerly Isla Street. Applicant: Reginald Wallace for Spurg, L. L. C. Mr. Richardson stated that the request is to abandon a portion of a 60'wide general utility easement that is part of the abandoned Isla Street right-of-way. Isla Street was abandoned in 1982. In October, 2001, the City issued a building permit for 1610 IH-10 East to construct a convenience store and that convenience store extended into the utility easement approximately 20'x 84'. Upon recent review of the building permit site plan, it did not show any existing easements on the site plan. (Commissioner Craig arrived.) The request was sent to all interested parties. A number of public and private utilities have -facilities in the easement. The City has a 27" storm sewer and a 12" sanitary sewer with two clean -outs in the easement. Entergy has ' in electrical transmission line in the casement. Southwestern Bell has a buried communication cable in the easement. Originally, the City and the two private utilities had recommended denial, but Southwestern Bell and Energy withdrew their objections. However, the City is still very concerned about the access and the proximity of the utilities to the building. It is still the City's recommendation that the utility casement be denied. Mr. Wallace had requested abandoning just the portion of the easement that was underneath the building ---the 20'x 84'. Mr. Richardson recommended asking for the abandonment of the entire 30'x 150'instead. Slides of the subject property were shown. Chairman Leister asked for the applicant's comments. Kent Johns, attorney for Spurg, L. L. C., addressed the Commission. (Commissioner Kyles arrived.) Reginald Wallace of Spurg, L. L. C., addressed the Commission. M Planning Commission September 16,2002 Mr. Cooper stated that the City has utilities in place there - water lines and sewer lines. In the event there is a need to go in and maintain and repair lines, there is a strong possibility that some damage would be caused to that building. If the easement were abandoned, the City would not be provided with the same protection they would have or do have now because the easement is there and the City has whatever right to be in that easement making repairs. The abandonment would take that protection away from the City. Councilman Goodson asked if it were possible to get an indemnity clause so that if the City did abandon it, the property owner would understand that the City did not have any liability. Mr. Cooper responded that the City could do that with a license to encroach. Because of the extent of the encroachment, it doesn't fall within clear guidelines of what the City has done in the past, so there may be some adjustments that need to be made, but it is a possibility. In response to Chairman Leister, Mr. Cooper said title companies make exceptions all the time for encroachments. The property owners may not want the exception in the policy and that may be where they are with the title company, but exceptions are made. Mr. Johns said that his client would be agreeable to an indemnity agreement relieving the City of any liability for actions taken in order to repair any sewer lines or even place sewer lines. Mr. Cooper said that another option would be to relocate the utility lines. There is ample space within that existing easement to relocate those lines. Discussion between staff and Planning Commission followed. Commissioner Bodwin made a motion to approve the request to abandon a 20' x 84' portion of a utility easement, formerly Isla Street as requested in File 638-OB. Commissioner LaBiche seconded the motion. Further discussion between the Commission and staff followed regarding the indemnity agreement being part of the motion. Commissioner Bodwin amended his motion for approval to be subject to an indemnity agreement being executed. Commissioner LaBiche seconded the amendment. Motion to approve carried 7:0. 4 Planning Commission September 16,2002 JOINT PUBLIC HEARINGS Mayor Pro -Tern Smith called the Joint Public Hearing of September 16, 2002 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. File 1634-P: Request for an amended specific use permit to allow office space, counseling, coffee shop, bookstore, food pantry and storage for a church ministry in an LI (Light Industrial) and RCR (Residential Conservation and Revitalization) District. Location: 702-754 College Street and 852-860 Trinity Street Applicant: Ebenezer Missionary Baptist Church of Beaumont, Inc. In March, 2002, Ebenezer Missionary Baptist Church was granted a specific use permit for office and counseling space at this location. The church would now like to expand its activities in the building. Mr. Richardson recommended approval of the amended specific use permit. Eighteen notices were mailed to property owners within 200 feet. Four responses in favor and none in opposition were returned. Slides of the subject property were shown. Chairman Leister opened the public hearing and asked for the .applicant's P. comments. Terry Taylor of Ebenezer Baptist Church 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 an amended specific use permit to allow office space, counseling, coffee shop, bookstore, food pantry and storage for a church ministry in an LI and RCR District at 702-754 College Street and 852-850 Trinity Street as requested in File 1634-P. Commissioner LaBiche seconded the motion. Motion to approve carried 7:0. 2) File 1635-Z: Request for a zone change from LI (Light Industrial) to GC -MD (General Commercial -Multiple Family Dwelling) District. Location: 12' Street east of Sam's Wholesale Club Applicant: Sam C. Parigi, Jr. Planning Commission September 16,2002 Mr. Richardson stated that the request is for the purpose of building a senior housing complex. The 12.5 acre tract is east of Sam's Wholesale and south of Home Furniture. The property is surrounded by Light Industrial (LI) and Agricultural -Residential (A-R) zoning and would not be detrimental to surrounding properties. Also, what is developed around the subject property are uses that are permitted in the general commercial district. Mr. Richardson said that he does not consider this spot zoning. Mr. Richardson recommended approval of the zone change request. Ten 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. Chairman Leister opened the public hearing and asked for the applicant's comments. Sam Parigi, 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 Hallmark made a motion to approve a zone change from LI to GC - MD District for a 12.5 acre tract located on 12' Street cast of Sam's Wholesale Club as requested in File 1635-Z. Commissioner Craig seconded the motion. Motion to approve carried 7:0. 3) File 1637-P: Request for a specific use permit to allow a parking lot in a GC-MD-2 (General Commercial -Multiple Family Dwelling-2) District. Location: W. Lucas, behind Novrozsky's Restaurant Applicant: David Jones The auxiliary parking lot was paved without any permits and the applicant was notified of the need to obtain the necessary building permits and the specific use permit. The parking lot accommodates nine parking spaces. Due to the size of the parking lot, no interior landscaping is required. The site plan does show landscaping along the West Lucas frontage, however, all of the landscaping would be on City right-of-way. The ordinance allows three feet on the right-of-way and three feet on the subject property. Mr. Richardson said that if it is the desire of the Planning Commission and City Council to allow the landscape strip all on the right-of-way, then a modification to Z Planning Commission September 16,2002 the landscaping and screening requirements would need to be granted. The City Engineer is also requiring that a stormwater collection system be installed. Mr. Richardson recommended approval of the request, subject to the installation of the stormwater collection system and with a modification to the landscaping and screening requirements along W. Lucas. Ten 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. Discussion of the City's requirement of a stormwater collection system. Chairman Leister opened the public, hearing and asked for the applicant's comments. Dave Jones, the applicant, addressed the Commission. Chairman Leister asked for comments in favor or in opposition. No comments were made. The public hearing was closed. Discussion between the Commission, Council and staff regarding the dity's requirements and other possible options. Commissioner LaBiche made a motion to approve a specific use permit to allow a parking lot in a GC-MD-2 District for property on W. Lucas, behind Novrozsky's Restaurant as requested in File 1637-P, subject to not requiring the stormwater collection system as recommended by the City, but require that the landscaping along W. Lucas meet ordinance requirements. Commissioner Lucas seconded the motion. Discussion between Commission members followed. Motion to approve carried 5:2 (Leister, Craig). THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED AT 4:05 P. M. 7