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REGULAR MEETING AND
JOINT PUBLIC HEARINGS
PLANNING COMMISSION AND
CITY COUNCIL
May 19, 1997
City Council Chambers
A Regular Meeting and Joint Public Hearings of the Planning Commission and City Courci!
were held on May 19, 1997 with the following members present:
Commission members present: Chairman Laurie Leister
Vice -Chairman Marva Provo
Commissioner Sally Bundy
Commissioner Dale Hallmark
Commissioner Bill Lucas
Commissioner Greg Dykeman
Commission members absent: Commissioner Dohn LaBiche
Commissioner Bessie Chisum
Commissioner Cleveland Nisby
Councilmembers present: Mayor Pro -Tom Becky Ames
Councilmember-at-Large Andrew Cokinos
Councilmember Lulu Smith
Councilmcmber Guy Goodson
Councilmember Bobbie Patterson
Councilmembers absent: Mayor David W. Moore ,
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
Vice -Chairman Provo made a motion to approve the minutes of the May 5, 1997 Regular
Meeting. Motion was seconded by Commissioner Bundy, Motion to approve carried 6:0.
Planning Commission
May 19, 1997
REGULAR MEETING
1) File 564-OB: Request to abandon the 20' wide general utility easement lying across
Block 43, Van Wormer Addition.
Applicant: MKC Energy Investments, Larry Crosby
Mr. Richardson told the Commission that it is the desire of the property owner who
owns the properties adjacent to this easement to develop the property. This is an old
industrial property that has been cleared.
if this request is approved, it slwuid ue suujCct to the City of 'eaur.,ar1t rccciYirg
written notice from Entex that an agreement to relocate the 6" gas pipeline has been
reached and that all costs for relocation have been paid before this request is forwarded
M, e-;tt. r nnrie-a fnr finnl nation
Chairman Leister asked for the applicant's comments. The applicant was not present.
Commissioner Bundy made a motion to approve the abandonment request of File 564-
OB, subject to the City receiving written information from Entex Gas that an agreement
to relocate the 6" pipeline has been reached and that costs for relocation have been paid
before being forwarded to City Council. Motion to approve carried 6:0.
JOINT PUBLIC HEARINGS
Mayor Pro-Tem Ames called the Joint Public Hearings of May 19, 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 1360-P: Request for a specific use permit to allow a wholesale heating and air
conditioning supply company in a GC -MD (General Commercial -Multiple Family
Dwelling) District.
Location: Southeast corner of Long and M.L.K., Jr. Parkway
Applicant: M. 0. Kothawala, President, Beaumont Air Conditioning Supply, Inc.
Mr. Richardson told the Commission and Council that the applicant wishes to relocate
his business in a new 6,600 sq. ft. building on the site. The company sells air
conditioning, refrigeration and heating supplies, parts and equipment.
The application complies with the eight conditions necessary for approval of a specific
use permit.
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Planning Commission
May 19, 1997
Thirty one notices were mailed to property owners within 200 feet. The Planning
Division received one response in favor and none in opposition.
Chairman Leister opened the public hearing and asked for the applicant's comments.
Mr. Kothawala, President of Beaumont Air Conditioning Supply, Inc., addressed the
Commission and Council.
In response to Commissioner Lucas, Mr. Kothawala said there would no hazardous
operations on site.
Chairman Leister asked for comments in favor or in opposition.
James Darden, 3130 Blossom, addressed the Commission. Mr. Darden owns rental
property south of the subject property (926 M.L.K. Parkway). He asked that dumpsters
not be placed on that side so as not to disturb his tenants.
Chairman Leister closed the public hearing.
Councilman Smith and Mr. Richardson discussed landscaping requirements.
Commissioner Hallmark asked Mr. Darden if his tenant would be agreeable to the
dumpster remaining in its position, but enclosed with a privacy fence on all four sides.
Mr. Darden said that would be fine.
Commissioner Bundy made a motion to approve the specific use permit as requested
in File 1360-P, subject to the dumpster being completely enclosed with a wood privacy
fence. Commissioner Dykeman seconded the motion. Motion to approve carried 6:0.
2) 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 said that the applicant wishes to move his business into an existing
7,000 sq. ft. vacant commercial building at this address. The 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 storage of building materials. The exterior of the
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Planning Commission
May 19, 1997
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 the 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. However, there
is not enough room for the required ten foot landscape strip.
The applicant has also verbally stated that he is in agreement with leaving Lot 12, or
the lot to the south, as RM-H,
Thirty-three notices were mailed to property owners within 200 feet. There were two
responses in favor and one in opposition.
In response to Councilman Cokinos, Mr. Richardson said that approval of the request
would be considered spot zoning.
Discussion followed between City Council, Planning Commission and staff regarding
possible options for this request.
Chairman Leister opened the hearing to public comment and asked for the applicant's
comments.
Emma Kyles addressed the Commission on behalf of Terry Samuel, the applicant. Ms.
Kyles asked if the request could be tabled.
A motion to table the zone change and specific use permit request of File 1361-ZIP
until June 16 was made by Commissioner Dykeman and was seconded by
Commissioner Hallmark. The motion to table carried 6:0.
3) File 1362-P: Request a specific use permit to allow a four unit apartment in an RCR
(Residential Conservation and Revitalization) District. This is also in the Oaks
Historic District.
Location: 2281 Hazel Avenue
Applicant: Rose -Wale Homes, Yomi Ogunbiyi
This item is a request for a specific use permit to allow a four unit apartment house in
an RCR district. The property is located at 2281 Hazel.
The lot is currently vacant. The apartments, as planned, would each have two
bedrooms and land %x baths.
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Planning Commiwion
May 19, 1997
Mr. Richardson said that this application complies with seven of the eight conditions
for approval of a specific use permit. The site plan, as shown, shows parking in front
of the apartment complex and the apartments would be toward the rear. The Oaks
Historic District regulations state that any parking that is in front of the building must
be set back the required setback, in this case 25. Basically that deletes three of the
required six parking spaces for this apartment complex. The applicant would have the
option to go before the Board of Adjustment to request a waiver to that requirement,
however it would be very difficult to provide adequate parking.
Twenty notices were mailed to property owners within 200 feet. One response in favor
and two in opposition were returned.
Chairman Leister opened the hearing for public comment and asked for the applicant's
comments.
Jim Little, owner of Beaumont Design and Drafting, addressed the Commission. His
company provided the plans for this project.
Commissioner Hallmark asked if the owner considered putting another single family
residence on this property.
Mr. Little said in this case the owner preferred to go with a multi -family type dwelling.
He has oilier developments around the area and they are going to be multi -family type
dwellings as well, but he felt this would be the best use of the property.
Discussion between the Commission and Mr. Little followed.
In response to Mayor Pro-Tem Ames, Mr. Richardson clarified that if the request is
denied and he wants to put a duplex on the property, he may do so by right. He just has
to get the plans approved and doesn't have to come before this Commission.
Commissioner Bundy made a motion to deny the specific use permit as requested in
File 1362-P. The motion was seconded by Commissioner Dykeman.
Chairman Leister asked for comments in favor or in opposition.
Meryl Krepper, 1825 Harrison, acknowledged that the applicant has renovated and
leased three properties, but doesn't feel that he is concerned enough about the
neighborhood.
Chairman Leister closed the public hearing.
Motion to deny carried 6:0.
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Planning Commission
May 19, 1997
4) File 1363-P: Request for a specific use permit to allow a four unit apartment in an
RCR (Residential Conservation and Revitalization) District.
Location: 2117 Laurel Avenue
Applicant: Rose -Wale Homes, Yomi Ogunbiyi
Mr. Richardson told the Commission that the subject property consists of two lots.
There is a duplex that sits at the front of Lot 2. The four unit apartment house will be
built behind the duplex. Parking for the two facilities would be on Lot 3, which would
be the adjacent lot. Each apartment unit will consist of one bedroom and one bath.
This application complies with the eight conditions for approval of a specific use
permit.
Nineteen notices were mailed to property owners within 200 feet. Two responses in
favor and two in opposition were received.
Chairman Leister opened the public hearing to the audience and asked for the
applicant's comments.
Jim Little again spoke on behalf of the applicant.
Chairman Leister asked for comments in favor or in opposition.
Speaking in Opposition
Barbara Carville, 2188 North Street, spoke in opposition. Mrs. Carville owns the
house at 2280 Laurel.
Doug VanDorn, 2405 Hazel, spoke in opposition. 1
Marc McDonald, 2205 North, spoke in opposition.
Discussion followed between the Commission and Mr. Little.
Commissioner Bundy made a motion to deny the specific use permit as requested in
File 1363-P and was seconded by Commissioner Hallmark. Motion to deny carried
6:0,
OTHER BUSINESS
THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED.
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