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.
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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.
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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
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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.
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