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HomeMy WebLinkAbout12-15-97 PC MinutesJOINT PUBLIC HEARINGS PLANNING COMMISSION AND CITY COUNCIL December 15, 1997 City Council Chambers Joint Public Hearings of the Planning Commission and City Council were held on December 15, 1997 with the following members present: Commission members present: Chairman Laurie Leister Vice -Chairman Marva Provo Commissioner Sally Bundy Commissioner Bessie Chisum Commissioner Dale Hallmark Commissioner Bill Lucas Commissioner Cleveland Nisby Commission members absent: Commissioner Greg Dykeman Commissioner Dohn LaBiche Councilmembers present: Mayor Pro -Tern Becky Ames Councilmember-at-Large Andrew Cokinos Councilmember Lulu Smith Councilmember Guy Goodson Councilmembers absent: Mayor David W. Moore Councilmember Bobbie Patterson Councilmember John Davis Also present: Stephen Richardson, Planning Director; Murray Duren, Senior Planner; Tyrone Cooper, First Assistant City Attorney; Maria Trapp, Planning Technician; and Jill Cole, Recording Secretary APPROVAL OF THE MINUTES Commissioner Bundy made a motion to approve the minutes of the December 1, 1997 Regular Meeting. Motion was seconded by Commissioner Hallmark. Motion to approve carried 6:0. Planning Commission December 15, 1997 JOINT PUBLIC HEARINGS Mayor Pro-Tem Ames called the Joint Public Hearings of December 15, 1997 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 1385-P: Request for a specific use permit to allow a caretaker's quarters to be located in an RS (Residential Single Family Dwelling) District at the rear of a house. Location: 990 Glendale Applicant: Howard Woodall Mr. Richardson told the Commission that the property owner, Mr. Howard Woodall, who lives in the house at 990 Glendale, wishes to move an existing building and garage behind his house and remodel it for use as a caretaker's quarters. If the specific use permit is granted, it is suggested that it be subject to the condition that it not be used for rental property currently or in the future. Twenty-one notices were mailed to property owners within 2.00' of the subject property. Three responses in opposition and none in favor were returned to staff. Chairman Leister opened the public hearing and asked for the applicant's comments. Howard Woodall, the applicant, addressed the Commission. Mr. Woodall said that Richard Green, caretaker of Mr. Woodall's properties, will reside in the house. Chairman Leister asked for comments in favor or in opposition. Speaking in Opposition Cleve Goth, 1055 Avalon, addressed the Commission in opposition to the request. Rebuttal by Mr. Woodall followed. Chairman Leister closed the public hearing. In response to Councilman Goodson, Mr. Richardson said that because the proposed use is residential abutting residential, there are no landscaping requirements, but because the request is for a specific use permit, the Commission could specify certain requirements if they desired. Discussion regarding setback requirements followed. 2 Planning Commission December 15, 1997 Commissioner Nisby made a motion to approve the specific use permit to allow the caretaker's quarters behind the house at 990 Glendale as requested in File 1385-P, subject to the property not being used as rental property. Commissioner Lucas seconded the motion. Motion to approve carried 6:0. 2) File 1386-P: Request for a specific use permit in an NC (Neighborhood Commercial) District to allow a coin operated carwash. Location: North side of Phelan Boulevard, 400' east of Matthews Road Applicant: Darryl Landers Mr. Richardson told the Commission and Council that the request for the construction of a carwash facility is for vacant property located on the north side of Phelan, 400 feet east of Matthews Road. Mr. Darryl Landers wishes to construct a 24 hour, three bay coin operated carwash facility. This carwash is the type where the car owner drives into the bay and then the car is washed without the owner getting out of his car. Twelve notices were mailed to property owners within 200 feet of the subject property. Four responses in opposition and two in favor were returned. Mr. Richardson said that he received a call from Mr. Owens, who owns the house next to and west of the site. Speaking on behalf of the church and himself, he said they are in favor of the request. Staff also received letters from Dr. Nantz and Mr. Hardy in opposition. Chairman Leister opened the public hearing and asked for the applicant's comments. Darryl Landers, the applicant, addressed the Commission. He answered questions from the Commission regarding noise, peak business hours and signage. In response to Commissioner Hallmark, Mr. Landers agreed to install a privacy fence along the eastern boundary of the property. (Vice -Chairman Provo arrived. Commissioner Chisum left.) Commissioner Leister asked for comments in favor or in opposition. Speaking in Favor Joe Malley, Jr., 4640 Ebonwood, spoke in favor of the request. He is a student at Lamar University and was required in his entrepreneurship class to choose a business for a class project. He chose a carwash and studied everything from location to market. His father, Joe Malley, Sr., owns the subject property. He said that in his research, he found Mr. Landers' carwashes to be very well maintained, well -lit and safe. 3 Planning Commission December 15, 1997 Speaking in Opposition Dr. Michael Malley, owner of the property immediately to the east of the subject property, spoke in opposition to the request. Dr. Malley said he will be building his dental office on the adjacent property. He voiced concerns if the business were to fail, that the facility could operate as a manual carwash. Chairman Leister explained that the way the applicant's site plan is approved, is the way the property must be operated. If there is any deviation from the approved use, it would be in violation, and therefore must come back before the Planning Commission. Rebuttal by Mr. Landers followed. Discussion of loitering followed. Chairman Leister closed the public hearing. Commissioner Hallmark made a motion to approve the specific use permit request to allow the construction and operation of a automatic carwash facility in an NC District as requested in File 1386-P, subject to the carwash facility being a "touchless" automatic carwash system as proposed and the privacy fence being extended along the eastern boundary of the property. Commissioner Bundy seconded the motion. Motion to approve carried 6:0. 3) File 1387-P: Request for a specific use permit in an RM-H (Residential Multiple Family Dwelling -Highest Density) District to allow a coin operated washateria (laundry). Location: North side of St. James Boulevard, 100' east of S. 1lth Street Applicant: Pattie Davis Mr. Richardson told the Commission and Council that the applicant has requested a deferral of her request until the January 21, 1998 Joint Public Hearing. Commissioner Bundy made a motion to approve the deferral of File 1387-P until the January 21, 1998 Joint Public Hearing. Commissioner Nisby seconded the motion. Motion to defer carried 6:0. 4) File 1388-Z: Request for a zone change from RS (Residential Single Family Dwelling) to GC -MD (General Commercial -Multiple Family Dwelling) District. Location: 3990 Baldwin at Concord Road Applicant: Larry Engelmann � � 4 Planning Commission December 15, 1997 Mr. Richardson told the Commission and Council that Mr. Larry Engelmann, owner of the subject property, is requesting this zone change so that he could refurbish and sell used cars. He made the same request almost two years ago. At that time, the Planning Commission and Council denied the request. Nineteen notices were mailed to property owners within 200 feet of the subject property. One response in opposition and none in favor were returned to staff. Chairman Leister opened the public hearing and asked for the applicants comments. Larry Engelmann, the applicant, addressed the Commission. Discussion between Planning Commission on the proposed use and allowing commercial encroachment into a stable, single family residential neighborhood followed. Chairman Leister asked for comments in favor or in opposition. Roy Parker, 3950 Baldwin, spoke in opposition. He expressed concerns over possible fumes from the work done on the cars. Chairman Leister closed the public hearing. Commissioner Hallmark made a motion to deny the zone change request to GC -MD district as requested in File 1388-Z. Commissioner Nisby seconded the motion. Motion to deny carried 6:0. OTHER BUSINESS THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED. 5