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HomeMy WebLinkAbout12-21-98 PC MinutesW ,`.1Vl:IN:UTES JOINT PUBLIC HEARINGS PLANNING COMMISSION AND CITY COUNCIL December 21, 1998 City Council Chambers Joint Public Hearings of the Planning Commission and City Council were held on December 21, 1998 with the following members present: Commission members present: Chairman Laurie Leister Vice -Chairman Greg Dykeman Commissioner Sally Bundy Commissioner Dale Hallmark Commissioner Bill Lucas Commissioner Glenn Bodwin Commission members absent: Commissioner Dohn LaBiche Commissioner Albert Robinson Councilmembers present: Mayor David W. Moore Mayor Pro-Tem Bobbie Patterson Councilmember-at-Large Becky Ames Councilmember-at-Large Andrew Cokinos Councilmember Lulu Smith Councilmembers absent: Councilmember Guy Goodson Councilmember John Davis Also present: Stephen Richardson, Planning Director; Murray Duren, Senior Planner; Tyrone Cooper, First Assistant City Attorney; Jill Cole, Recording Secretary and Adina Abshire, Planning Technician. APPROVAL OF THE MINUTES Commissioner Bundy made a motion to approve the minutes of the November 16, 1999 Joint Public Hearings. Commissioner Hallmark seconded the motion. Motion to approve carried 6:0. Planning Commission December 21, 1998 JOINT PUBLIC A Mayor Pro -Tern Patterson called the Joint Public Hearings of December 21, 1998 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..14287/P: Request for a zone change from RS (Residential Single Family Dwelling) to RCR (Residential Conservation and Revitalization) District and a specific use permit request for a mortgage brokerage firm. Location: 1282 Central Drive Applicant: Lawrence D. Bland, III Mr. Richardson told the Commission and Council that the request was for a zone change from RS to RCR and a specific use permit to allow a non -depository credit institution. The applicant, Mr. Bland, is operating a mortgage brokerage company in his residence at 1282 Central Drive. The Development Services Division cited the applicant for a zoning violation. As a result, the applicant has made this request. Mr. Bland employs five outside loan officers. Loan applicants are served at their homes or at 1282 Central by appointment. Should this zone change and specific use permit be granted, a modification to the landscaping and screening regulations will have to be granted by City Council. Twenty-one notices were mailed to property owners within 200 feet of the subject property. One response in favor and two in opposition were returned to staff. Chairman Leister opened the public hearing and asked for the applicant's comments. The applicant was not present at the hearing. Chairman Leister asked for comments in favor or in opposition. .Tim Aulbaugh, 4347 Phelan, addressed the Commission in opposition to the request. Mr. Aulbaugh stated that he won a judgement against Mr. Bland and has a lien on the subject property. He is opposed to the zone change because he feels that the surrounding property values will decrease. Chairman Leister closed the public hearing. In response to Vice -Chairman Dykeman, Mr, Richardson reviewed the landscaping modification that was requested. Commissioner Bundy commented that the house is large, but there is not much yard, therefore not making it appealing to large families. 2 Planning Commission December 21, 1998 Councilmember Smith stated that she feels if the request was granted, it would be spot zoning. Chairman Leister reopened the public hearing. Anna Varela with the Development Services Division addressed the Planning Commission regarding the zoning violation. Chairman Leister said she feels that this could possibly be a transitional location and not necessarily spot zoning. Discussion between the Commission members followed. Commissioner Dykeman made a motion to deny the zone change to RCR and the specific use permit to allow a mortgage brokerage firm at 1282 Central Drive as requested in File 1428-ZIP. Commissioner Hallmark seconded the motion. Motion to deny carried 6:0. 2) File 1432-Z: Request for a zone change from RS (Residential Single Family Dwelling) to NC (Neighborhood Commercial) District. Location: 6130 Concord Road Applicant: Michael G. Hodge Mr. Richardson said that the applicant owns two adjoining lots just north of Garner Road. Mr. and Mrs. Hodge's house is located on one of these lots. On a portion of the adjoining lot, Mr. Hodge would like to construct and operate a small arts and crafts shop or antique store. Nineteen notices were mailed to property owners within 200 feet. Two responses in favor and none in opposition were returned. Chairman Leister opened the public hearing and asked for the applicant's comments. Sandy Hodge, the applicant, addressed the Commission. She and her husband would like to put a portable building at the subject location for a crafts and antiques shop. She said she has plenty of parking for customers. Mrs. Hodge answered questions from the Commission. Chairman Leister asked for comments in favor or in opposition. No comments were made. Chairman Leister closed the public hearing. 3 Planning Commission December 21. 1998 Commissioner Bundy made a motion to approve the request for a zone change to NC as requested in File 1432-Z. Commissioner Bodwin seconded the motion. Motion to approve carried 6:0. 3) File 1433-P: Request for an amended specific use permit to allow a church school in an RM-H (Residential Multiple Family Dwelling -Highest Density) District. Location: 3175 S. Major Drive Applicant: Beaumont Seventh Day Adventist Church Mr. Richardson said that the request for an amended specific use permit was to allow a church school to operate in an existing church located at 3175 S. Major Drive. The Beaumont Seventh-Day Adventist Church wishes to conduct a private school for 15-25 students in grades kindergarten through 8th grade. The, church was granted a specific use permit in January, 1996. Sixteen notices were mailed to property owners within 200 feet. One response in opposition and none in favor were returned to staff. Chairman Leister opened the public hearing and asked for the applicant's comments. Marshall Duff, 4310 Coolidge, head elder for Beaumont Seventh Day Adventist Church, the applicant, addressed the Commission. Chairman Leister asked for comments in favor or in opposition. Earl Robinson, 7235 Pleasent Bend Drive, Pastor for the church, addressed the Commission in favor of the request. Chairman Leister closed the public hearing. Commissioner Lucas made a motion to approve the amended specific use permit to allow a church school in an RM-H District at 3175 S. Major Drive as requested in File 1433-P. Commissioner Bundy seconded the motion. Motion to approve carried 6:0. 4) File 4 4-Z: Request for a zone change from RS (Residential Single Family Dwelling) and A-R (Agricultural -Residential) Districts to GC -MD (General Commercial -Multiple Family Dwelling) District. Location: Southwest corner of Dowlen and the proposed Folsom extension Applicant: Broussard's Mortuary, Inc. 4 Planning Commission December 21, 1998 Mr. Richardson told the Commission and Council that the request was for a 12.211 acre tract located at the southwest corner of Dowlen Road and the proposed Folsom Drive extension. The proposed use for 5.8 acres of the property will be a west end satellite facility for Broussard's Mortuary. The remaining 6.4 acres will be developed as allowed in GC -MD. Six 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. Tom Broussard of Broussard's Mortuary, Inc., the applicant, addressed the Commission and Council. Chairman Leister asked for continents in favor or in opposition. Marty Vershel, Pastor of Wesley Methodist Church, 3890 Dowlen Road, spoke in favor of the request. Chairman Leister closed the public hearing. In response to Commissioner Lucas, Mr. Broussard addressed possible traffic congestion. Commissioner Bundy made a motion to approve the zone change from RS and A-R to GC -MD as requested in File 1434-Z. Commissioner Lucas seconded the motion. Motion to approve carried 6:0. 5) File 1435-P: Request for a specific use permit to allow a food service to operate in an RCR (Residential Conservation and Revitalization) District within the Oaks Historic District. Location: 2306 Hazel at 7th Street Applicant: Brad Nelson This item is a request for a specific use permit to allow a food service business in an RCR District. The subject property is located at 2306 Hazel at 7th Street. The applicant, Brad Nelson, would like to open a gourmet delivery and take-out food service business in a vacant commercial building. Hours of operation will be Tuesday -Saturday, 9:00 a.m. to 10:00 p.m. There will be two delivery drivers and two kitchen employees. This property was rezoned to RCR in December, 1995. 5 Planning Commission December 21, 1998 Food preparation will take place in the brick building, the house to the north will be used for the catering business office and storage and the necessary parking will be built on the vacant lot to the west. If this specific use permit is granted, a waiver or modification to the landscape regulations will need to be granted and a variance of the setback requirements for the parking lot would have to be approved by the Board of Adjustment. Eighteen notices were mailed to property owners within 200 feet. One response in opposition and none in favor were returned. Chairman Leister opened the public hearing and asked for the applicant's continents. Brad Nelson, 2255 Harrison, the applicant, addressed the Commission. Mr. Nelson answered questions from the Commission regarding the 38' setback. He would like to have 13 parking spaces. .Mr. Richardson clarified that the Board of Adjustment would be the Board that would have to grant a variance to the setback. Chairman Leister asked for comments in favor or in opposition. Tom Sibley, 2150 Harrison, spoke in favor or the request. In response to Commssioner Hallmark, Mr. Sibley said that he did not foresee a problem with traffic. John Gordon, the owner of the subject property, addressed the Commission in favor of the request. Chairman Leister closed the public hearing. Commissioner Hallmark made a motion to approve the specific use permit to allow a food service to operate in an RCR District at 2306 Hazel as requested in File 1435-P, subject to approvals by the Board of Adjustment for setbacks and additional screening. (The applicant revised his parking scheme to comply with the regulations of the Historic District. This was approved by the Traffic Division and the Planning Director, CA-335, 12129/98.) Commissioner Dykeman amended the motion to include a landscaping modification. Commissioner Lucas seconded the motion. Motion to approve carried 6:0. Planning Commission D=mber 21, 1998 6) File 1436-P: Request for a specific use permit to allow a residential care facility to operate in an RCR (Residential Conservation and Revitalization) District within the Oaks Historic District. Location: 615 N. Fifth at McFaddin Applicant: J. R. and B. J. Brown This item is a request for a specific use permit to allow a residential care facility in an RCR District at 615 N. Fifth. The applicants, Jinuny and Beverly Brown, wish to open a residential care facility for up to 12 elderly people. The Browns would live on the second floor with the elderly people living on the first floor. Mr. Brown proposes no additional landscaping or screening. If this specific use permit is granted, a waiver or modification to the landscaping and screening requirements will need to be approved. Fourteen notices were mailed to property owners within 200 feet. Eight responses in favor and two in opposition were returned. Chairman Leister opened the public hearing and asked for the applicant's comments. Jimmy and Beverly Jean Brown, the applicants, addressed the Commission. They would provide three meals a day to the people living in the house, as well as take care of their laundry, take them to doctor's appointments, etc. Mr. and Mrs. Brown answered questions from the Commission regarding state licensing and accessibility. In addition to themselves, the Brown's will employ a cook to work in the facility. Commissioner Hallmark asked what would become of the residents if they were to decline beyond assisted living and need medical attention on a regular basis. Mr. Brown replied that the state requires they be transferred to a nursing facility or a hospital. Commissioner Hallmark asked the Brown's what made their facility different from an apartment. Mr. and Mrs. Brown said the difference is that they are providing a service. Mr. Brown continued to answer questions from the Commission regarding transportation, outings, etc. Chairman Leister asked for comments in favor. David Bradley, 615 N. Fifth Street, addressed the Commission in favor of the request. Mr. Bradley owns the subject property. George Blake, 2098 McFaddin, spoke in favor of the request. OA Planning Commission December 21, 1998 Roberta Moreau, 2095 North Street, spoke in favor of the request. Chairman Leister asked for comments in opposition. Jack Carville, 2188 North Street, spoke in opposition. Mr. Carville said that they have fought too hard to turn old businesses into residences. He said he is in the process of turning his office back into a residence. Virginia Jordan, 2145 Hazel, spoke in opposition to the request. Dean Tucker, 2550 Long, addressed the Commission. Mr. Tucker read a letter written by his wife, Dr. Judith Cobbett, that stated her opposition to the request. Ralph Jordan, 2145 Hazel, spoke in opposition to the request. He reminded the Commission that Mr. Bradley has opposed assisted living in the past. Marc McDonald, 2477 Long, spoke in opposition to the request. Evan Ross Weed, 2093 McFaddin, spoke in opposition to the request. Tom Sibley, 2150 Harrison, spoke in opposition to the request. Chairman Leister asked for the applicant's rebuttal. Mr. Brown stated that the subject property would not become a nursing home. Chairman Leister asked Mr. Bradley to come forward. In response to Commissioner Bodwin, Mr. Bradley said that the Brown's have met the City's Building Code requirements or they would not have received their Certificate of Occupancy. He added that he has opposed group homes and halfway houses in the past, not assisted living facilities. Chairman Leister closed the public hearing. In response to Commissioner Hallmark, Mr. Richardson said that the subject house did have a historical designation. Commissioner Hallmark made a motion to deny the specific use permit to allow a residential care facility at 615 N. Fifth Street as requested in File 1436-P. Commissioner Bundy seconded the motion. Motion to deny carried 5:1. OTHER BUSINESS THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED. 8