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HomeMy WebLinkAbout6-16-97 PC Minutesm JOINT PUBLIC HEARINGS PLANNING COMMISSION AND CITY COUNCIL June 16, 1997 City Council Chambers Joint Public Hearings of the Planning Conunission and City Council were held on June 16, 1997 with the following members present: Commission members present: Chairman Laurie Leister Vice -Chairman Marva Provo Commissioner Sally Bundy Commissioner Dale Hallmark Commissioner Dohn LaBiche Commissioner Bill Lucas Commissioner Greg Dykeman Commissioner Cleveland Nisby Commission members absent: Commissioner Bessie Chisum Councilmembers present: Mayor David W. Moore Mayor Pro-Tem Becky Ames Cowicilmember-at-Large Andrew Cokinos Councilmember Lulu Smith Councilmember Guy Goodson Councilmember John Davis Councilmember Bobbie Patterson 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 June 2, 1997 Regular Meeting. Motion was seconded by Commissioner LaBiche. Motion to approve carried 8:0. 0 Naming Commission June M, 1997 JOINT PUBLIC HEARINGS Mayor Pro-Tem Ames called the Joint Public Hearings of June 16, 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 1361-ZIP: Request for a zone change from RCR (Residential Conservation and Revitalization) and RM-H (Residential Multiple Family Dwelling -Highest Density) District to GC -MD (General Commercial -Multiple Family Dwelling) District and an application for a specific use permit to allow a general building contractor and offices in an existing building. Location: 2205 Laurel at Sixth Street to South Street Applicant: Terry Samuel Mr. Richardson reminded the Commission and Council that this item was tabled at the May 19 Joint Hearing. A zone change and specific use permit is required to allow the proposed use. Mr. Samuel, the applicant, wishes to open his general building contractor business into an existing 7,000 sq. ft, vacant building. The subject property also consists of a vacant lot to the west of the building and a vacant lot to the south. The plans consist of converting the front portion of the building into offices and using the rear portion of the building for the storage of building materials. The exterior of the building will be remodeled. The vacant lot to the west will be converted to parking for the business. There are no plans to use the lot to the south. The application complies with seven of the eight conditions for approval of a specific use permit. The applicant is requesting a modification of the screening and landscaping requirements along die west and south sides of the parking lot. He has verbally stated that he is willing to construct an 8' screening fence along those sides. The regulations require an 8' screening fence plus a 10' landscape strip, however there is not enough room for the required ten foot landscape strip. Ten parking spaces have been provided on Lot 2. Twelve parking spaces arc required. Mr. Samuel agreed to try to rearrange the parking to meet the parking requirement. If he is unable to meet the parking requirement, he can go before the Board of Adjustment to request a special exception to the parking. Thirty-three notices Nvere mailed to property owners within 200 feet of the subject property. There were two responses in favor and seven in opposition returned. Twenty seven responses in opposition from neighbors outside the 200 feet were received. 2 Planning Commission June 16, 1997 Chairman Leister opened the hearing to public comment and asked for the applicant's comments. Terry Samuel, the applicant, addressed the Commission and Council. Mr. Samuel said he wanted to operate his property management business out of this building. His company purchases dilapidated houses, renovates and leases them. He wants to be able to store materials for the renovation jobs inside the building. In response to Mayor Pro-Tem Ames and Mayor Moore, Mr. Samuel said he is planning to renovate dvs building and plans to spend approximately $300,000. He will paint and brick part of the exterior of the building. He also plans to landscape the exterior. Discussion followed between Council and the Commission regarding their concerns about what would be allowed in a GC -MD District if Mr. Samuel's business were ever to move out of the building. Further discussion followed on storage specifically, general contractors offices, materials delivery, etc. Chairman Leister asked for comments in favor or in opposition. Barbara Carville, 2189 North, addressed the Commission. Mrs. Carville asked if the zone remains as RCR, what would the parking and landscaping requirements be and would the applicant be able to meet them. She also expressed concerns on delivery schedules. Mr. Richardson replied that the regulations are the same. Burnette Blackburn, 2230 Laurel, spoke concerning an increase in traffic and the safety of children in the neighborhood. Emajoe Pouncy, 2221 Laurel, voiced her concern of the storage of materials. Carla Swanzy, 2410 South Street, addressed the Commission in opposition to the request. She expressed concerns regarding increased traffic and the safety of neighborhood children. Chairman Leister closed the public hearing. Rebuttal by Mr. Samuel followed. He said he would have two or three employees in the building and did not feel that his business would increase traffic. He added that he would not be storing paint. !'iuiuâ–șing Conuuissiou Ante 16, 1997 Chairman Leister reopened the public hearing. Carla Swanzy addressed the Commission again. Wallace Olmedo, 2425 Laurel, expressed his concerns on the extent of storage in the building. Chairman Leister closed the public hearing. Mr. Samuel answered questions from Commission members. Commissioner Bundy made a motion to deny the GC -MD zone change request and approve a specific use permit for a property management office subject to: (1) temporary and very limited storage of materials; (2) deleting Lot 12 from the request; (3) approving the modification of the landscaping and screening requirements by requiring an 8' high wood screening fence along the %vest and south sides of Lot 2 and allowing a 3-1/2 foot landscape strip along the Nvest side for File 1361-ZIP. Commissioner Nisby seconded the motion. Discussion followed between Commission members about the actual use of business and the difficulty in approving the request. Councilman Davis said that he thinks the Commission and Council need to be aware of the creation of new business within this area, but he is interested in addressing the neighbors' concerns. He is worried about what will happen with this structure if Mr. Samuel or someone else does not do something with it and he would like to see something positive done with it. Mayor Moore said he feels that there are too many different interpretations of zoning and if it's not a legal interpretation, it becomes a little too subjective for him and doesn't think that is the way to proceed. He added that he doesn't think the City should ever penalize any business for being flexible or diversified. Further discussion and continents from the Planning Commission followed. Chairman Leister called for a repeat of the motion and for a vote. Motion failed 3:5. Commissioner Dykeman made a motion to approve the zone change to GC -MD and the application for a specific use permit to allow a general contractor business at 2205 Laurel Avenue as submitted in File 1361-Z/P. Vice -Chairman Provo seconded the motion. Motion failed 3:5. 4 Planning Commission June 16, 1997 2) File 1364-P: Request a specific use permit to allow a residential care facility for 15 elderly and disabled persons in an existing house in an RCR (Residential Conservation and Revitalization) District. Location: 2390 Broadway at 8th Street Applicant: Judith Rich Mr. Richardson said that the applicant wishes to open a 24 hour supervised residential care facility to care for up to 15 elderly and disabled persons. If approved, the applicant will be acquiring a personal care home license from the appropriate licensing agency. (Commissioner Dykeman left.) This application complies with 7 of the 8 conditions for approval. Mrs. Rich has asked for a modification of the landscaping regulations for the parking lot. If this application is approved, staff feels that shrubbery should be planted along the west property line from the handicapped parking space to the driveway. Nineteen notices were mailed to property owners within 200 feet of the subject property. Two responses in opposition and none in favor were returned. Chairman Leister opened the hearing for public continent and asked for the applicant's continents. Judith Rich, 2390 Angelina, the applicant, addressed the Commission. In response to Commissioner Hallmark, Ms. Rich said she is not planning any exterior remodeling. In response to Commissioner Nisby, Ms. Rich said she is planning to purchase the property in the future, but is now leasing. Chairman Leister asked for continents in favor or in opposition. Jack Carville, 2188 North, addressed the Commission. He said he did not think that Ms. Rich would be able to purchase the property because of the judgements against the property, but he is opposed to the facility. Carla Swanzy, 2410 South Street, asked how many employees will be at the facility. She also is concerned about the effect of the facility on the surrounding neighborhood. Chairman Leister closed the public hearing. Rebuttal by Ms. Rich followed. In addition to her daughter and herself, four to six more employees will be hired to cover the 24 hour operation. Discussion on parking spaces followed. 5 PIMUling C011inliSSiOn June 16. 1997 Commissioner Hallmark made a motion to approve the specific use permit to allow a residential care facility at 2390 Broadway as requested in File 1364-P. Commissioner Lucas seconded the motion. Motion to approve carried 7:0. OTHER BUSINESS THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED. 9