Loading...
HomeMy WebLinkAbout5-15-00 PC MinutesJOINT PUBLIC HEARINGS PLANNING COMMISSION AND CITY COUNCIL May 15, 2000 City Council Chambers Joint Public Hearings of the Planning Commission and City Council were held on May Is, 2000 with the following members present: Commission members present: Chairman Laurie Leister Commissioner Carlos Hernandez Commissioner Dale Hallmark Commissioner Albert Robinson Commissioner Glenn Bodwin Commissioner Marty Craig Commission members absent: Vice -Chairman Greg Dykernan Commissioner Bill Lucas Commissioner Dohn LaBiche Councilmembers present: Mayor David W. Moore Councilmember-at-Large Andrew Cokinos Councilmember-at-Large Becky Ames Councilmember Lulu Smith Councilmember Audwin Samuel Councilmembers absent: Mayor Pro -Tern Guy Goodson Councilmember Bobbie Patterson Also present: Stephen Richardson, Planning Manager; Murray Duren, Senior Planner; Tyrone Cooper, First Assistant City Attorney; Adina Abshire, Planning Technician; Jill Cole, Recording Secretary; Stephen J. Bonczek, City Manager; and Kyle Hayes, Economic Development Director APPROVAL OF THE MINUTES Commissioner Robinson made a motion to approve the minutes of the Regular Meeting and Joint Public Hearings held April 17, 2000. Commissioner Hernandez seconded the motion. Motion to approve carried 6:0. Planning Commission May 15. 2W JOINT PUBLIC HEARINGS Mayor Moore called the Joint Public Hearings of May 15, 2000 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. 1) File 1499-ZIP: Request for a zone change from RM-H (Residential Multiple Family Dwelling -Highest Density) to GC-MD-2 (General Commercial -Multiple Family Dwelling-2) District and a specific use permit to allow a climate controlled storage facility. Location: 3880 Crow Road Applicant: Tom Harken, Jr. Mr. Richardson stated that the proposed storage facility would be 69,000 square feet and contain approximately 400 spaces for the purpose of storing household goods and documents. The metal building itself would be constructed with a blue metal fascia and red brick. The applicant is asking for a modification of the landscaping requirements be deleting the 10 foot wide landscape and tree buffer along the north, south and east property lines. To provide the landscaping would intrude into the required parking spaces. Mr. Richardson recommended denial of the request. The Comprehensive Plan designates this area as a "Stable Area" so the request is not in conformance with the Plan. in addition, this would constitute spot zoning. Sixteen notices were mailed to property owners within 200 feet of the subject property. Six notices 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. Tom Harken, Jr., 5375 Greenbriar, the applicant, addressed the Commission and answered questions regarding landscaping, access to units, signage and general appearance of the entrance. Councilman Samuel clarified that it was staffs opinion that this request would constitute spot zoning. Chairman Leister asked for comments in favor or in opposition. Cynthia Daniel, 3785 Treadway, spoke in opposition to the request. She cited problems with traffic and crime as reasons for opposition. 'ra Planning Commission May 15, 2000 Darrell Feldes, 2108 Clooney, Lake Charles, Louisiana, spoke in opposition to the request on behalf of Mary Ann Fiorenza. Ms. Fiorenza owns 7 '/2 acres adjacent to the subject property. The public hearing was closed. Commissioner Hallmark made a motion to deny the zone change request from RM- H (Residential Multiple Family Dwelling -Highest Density) to GC-MD-2 (General Commercial -Multiple Family Dwelling-2) District and a specific use permit to allow a climate controlled storage facility at 3880 Crow Road as requested in File 1499-Z/P. Commissioner Craig seconded the motion. Motion to deny carried 6:0. 2) File 1512-: Request for a zone change from RS (Residential Single Family Dwelling) to RM-M (Residential Multiple Family Dwelling -Medium Density) District. Location: West of Bigner Rd., 560' south of Bennett Road, situated between the Pinebrook Place Addition and the Home to Bowenville Addition. Applicant: Robert Sherman, Olympic Realty Group, Dallas, Texas Mr. Richardson told the Commission and Council that Olympic Realty Group has a contract to purchase the subject 46 acres. The applicants propose to build 128 residential units contained in 32 4-plex structures. The development is designed for senior citizens and the developers will be seeking tax credits from the State to help finance the venture. Mr. Richardson recommended approval of the zone change from RS to RM-M except for the south 50 feet of Lot 38, Block 8, Home to Bowenville Addition. That would be the one lot that fronts on Karlette Lane. That is a single family residential area. if that piece of property was rezoned to RM-M, it could be used as access to the subject property through that residential neighborhood. Seventy-eight notices were mailed to property owners within 200 feet of the subject property. 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. Bob Sherman of Olympic Realty Group, the applicant, addressed the Commission and City Council. Olympic Realty Group is in a partnership with Southeast Texas CDC and Mr. Al Price to develop the subject property. Last Thursday, a meeting was held with the residents that live around the property. Councilmen Samuel and Cokinos were also present. The surrounding residents were promised that the low density, multi -family zoning would be confined to the north end of the 46 acres, 3 Planning Commission May 15. 2000 enough for the senior citizen development. The rest of the development, the remaining acreage south of the southernmost driveway would remain single family residential as the neighbors requested. Mr. Sherman asked that his request be modified to reflect this change. In addition, Mr. Sherman said that they have applied for $7.7 million in tax credits; however, because they do not know if they will receive them until the end of July, he asked that the Planning Commission approve the request if they wish to, but requested that Council withhold approval until they know if they have the tax credits and can proceed with the development. Discussion between the Commission, Council and staff regarding procedure followed. Chairman Leister asked for comments in favor or in opposition. Gosby King, 3815 Audree, addressed the Commission. He said at last Thursday's meeting, the neighbors voiced opposition to rezoning the whole area, but were in favor of rezoning 15-16 acres for the senior citizens complex. Ronald Domoneck, 4045 Bennett, spoke in opposition to the request. He expressed concerns of an increase in traffic, which is already heavy. Chairman Leister closed the public hearing. Rebuttal by Bob Sherman. Mr. Sherman addressed the concerns of increased traffic and said that because of the type of development, he doesn't think it will impact traffic. Councilman Samuel gave an overview of last Thursday's meeting with the surrounding neighbors. Commissioner Hernandez made a motion to approve the zone change from RS to RM-M for the north 15 acres of Tax Tract 79, Plat D-21, F. Bigner Survey, Ab-1, except for the south 50 feet of Lot 38, Block 8, Home to Bowenville Addition, for File 1512-Z. Commissioner Robinson seconded the motion. Motion to approve carried 6:0. 3) File I50 -ZIP: Request for a zone change from RS (Residential Single Family Dwelling) to GC-MD-2 (General Commercial -Multiple Family Dwelling-2) and an application for a specific use permit to allow a tree cutting service. Location: 6640 Concord Road Applicant: Charles W. Morris, Environmental Tree Service 4 planning Commission May 15, 2000 Mr. Richardson stated that the applicant lives at the subject address and operates a tree service business next to the house. This use is currently in violation of the Zoning Ordinance. Across Concord, the land is zoned GC -MD and is developed commercially. There are residences to the north and south of the subject property, The applicant proposes to build a 10' high wood screening fence along the entire property line and plant shrubbery along the fence. This segment of Concord will eventually be widened to four lanes. With this widening, traffic will most certainly increase thus making those properties fronting on Concord less conducive to single family uses. The Comprehensive Plan designates this area as part of a "Regional Center". Mr. Richardson recommended approval of the request. Eight notices were mailed to property owners within 200 feet of the subject property. No responses in favor or in opposition were returned to staff. Slides of the subject property were shown. Chairman Leister opened the public hearing and asked for the applicant's comments. Chuck Morris, the applicant, addressed the Commission and answered questions from the Commission and Council regarding services, employees, fencing and landscaping. Chairman Leister asked for comments in favor or in opposition. No comments were made. The public hearing was closed. Councilmember Smith expressed concerns about when the fence will be constructed. Mr. Richardson stated that the applicant would be required to meet all the conditions of the specific use permit before he can obtain a certificate of occupancy, even though he is already in operation. Discussion followed regarding recourse by the City if the conditions are not met. In response to Commissioner Hallmark, Mr. Richardson said that he was not sure when the City planned to rezone more of the surrounding property to GC -MD. 5 Planning Commission May 15, 2000 Discussion followed between Mr. Morris and the Commission regarding the completion date of the fence and Mr. Morris said he could possibly finish the fence within the next six months. Commissioner Bodwin made a motion to approve the zone change from RS to GC- MD-2 and the specific use permit to allow a tree cutting service at 6640 Concord Road as requested in File 1508-ZIP, with the condition that the 10' high wood fence surrounding the property be completed within a six month time period beginning when the request is approved by City Council. Commissioner Craig seconded the motion. Motion to approve carried 5:1. 4) File 1509-Z: Request for a zone change from GC -MD (General Commercial - Multiple Family Dwelling) to HI (Heavy Industrial) District. Location: 3500 block of Hollywood Avenue Applicant: American Valve & Hydrant - Tim Sudela, Manager of Engineering Chairman Leister recused herself from discussion of this case, stating a conflict of interest. Mr. Richardson stated that the subject property is located at the northeast comer of Hollywood and I ith Street. American Valve and Hydrant operates a large facility immediately east of the subject property. The company would like to purchase the property and expand its operations onto this property. In doing so, the company will clean up the property and has hopes of expanding its product line. The existing facility is zoned HI. Mr. Richardson recommended approval of the zone change request. Seven notices were mailed to property owners within 200 feet of the subject property. No responses in favor or in opposition were returned to staff. Slides of the subject property were shown. Commissioner Hallmark, acting as Chairman, opened the public hearing and asked for the applicant's comments. Tim Sudela, Manager of Engineering for American Valve and Hydrant, the applicant, addressed the Commission. Commissioner Hallmark asked for comments in favor or in opposition. No comments were made. The public hearing was closed. C Planning Commission May 15, 2000 Commissioner Craig made a motion to approve the zone change from GC -MD to HI for property in the 3500 block of Hollywood Avenue as requested in File 1509- Z. Commissioner Bodwin seconded the motion. Motion to approve carried 5:0:1 (Leister). t 5) File 1510-P: Request for a specific use permit to allow a church in an RS (Residential Single Family Dwelling) District. Location: 2575 Phelps Road Applicant: House of Prayer Deliverance Church Mr. Richardson stated that the House of Prayer Deliverance Church is making this request to build a new 4,356 square foot sanctuary on 3.1 acres. The church currently has 150 members. Years ago, there was a church on the site and the foundation still exists. The applicant is requesting a modification to the landscaping and screening requirements. An 8' tall fence and 10' wide landscape strip is required. The applicant wishes to construct a 6' tall fence on the south side of the property and a 6' fence at the rear of the sanctuary. This would leave 1.4 acres undeveloped behind the church. This area would not be fenced. Mr. Richardson recommended approval of the request. Twenty-one notices were mailed to property owners within 200 feet of the subject property. No responses in opposition or in favor were returned to staff. A petition signed by surrounding residents in favor of the church was submitted to staff. Slides of the subject area were shown. Chairman Leister opened the public hearing and asked for the applicant's comments. Kerry Avie, the applicant, addressed the Commission and answered questions regarding parking, signage and hours of operation. Harriet DeRoune, 4297 Park, addressed the Commission. Ms. DeRoune is a member of House of Prayer Deliverance Church and asked for the fence requirement to be eliminated. Discussion of waiving the fence requirement followed. Chairman Leister asked for comments in favor or in opposition. 7 Planning Commission May 15, 2000 Louella Avie, Pastor of House of Prayer Deliverance Church, addressed the Commission in favor. Bernadette Williams, 1530 Church Street, addressed the Commission in favor. Kerry Avie, Jr. addressed the Commission in favor. Myra Gatlin, 761 San Jacinto, addressed the Commission in favor. The public hearing was closed. Commissioner Bodwin made a motion to approve the specific use permit to allow a church in an RS District at 5275 Phelps Road as requested in File 1510-P, with a waiver of the fence requirement. Commissioner Robinson seconded the motion. Motion to approve carried 6:0. 6) File 15 1 LL Request for a zone change from A-R (Agricultural -Residential) and RS (Residential Single Family Dwelling) to RM-H (Residential Multiple Family Dwelling -Highest Density) District for the BP Amoco Production Company Surplus Tract No. 119. Location: West of Old Dowlen Road, south of S.H. 105 and north and south of the GSU Co. substation on Old Dowlen Road. Applicant: Martin Home Builder, Inc. Mr. Richardson told the Commission that the subject property contains 118 acres. The applicants state that the proposed uses for the land include apartments, condos and townhouse developments. However, at this time there are no specific development plans for the full 118 acres. The property to the east, across Old Dowlen is zoned RM-H and GC -MD. South is property recently zoned RM-H. To the west is RS and A-R. Based upon the 1982 Traffic Generation Analysis, this property developed with single family residences would generate approximately 5800 vehicular trips a day, Developed with apartments, approximately 5900 vehicular trips a day. No matter how this property develops, a strain will be put on Old Dowlen and Dowlen Roads. Mr. Richardson recommended approval of the request. Twenty-nine notices were mailed to property owners within 200 feet of the subject property. One response in opposition and one in favor were returned. Slides of the subject property followed. planning Commission May 15, 2000 Discussion between staff and City Council regarding traffic problems at Old Dowlen Road and Highway 105. Chairman Leister opened the public hearing and asked for the applicant's comments. Velma Martin, the applicant, addressed the Commission. Chairman Leister asked for comments in favor or in opposition. Jim Speed, owner of Speedy Storage located across from the subject property spoke in favor of the request. The public hearing was closed. Commissioner Hallmark made a motion to approve the zone change from A-R and RS to RM-H District for the BP Amoco Production Company Surplus Tract No. 119 located west of Old Dowlen Road, south of S. H. 105 and north and south of the GSU Co. substation on Old Dowlen Road as requested in Nile 1511-Z. Commissioner Craig seconded the motion. Motion to approve carried 5:0. OTHER BUSINESS THERE BEING NO FURTHER BUSINESS, THE MEETING ADJOURNED AT 5:30 P. M. Z