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HomeMy WebLinkAbout6-27-22 PC Minutes * M I N U T E S * JOINT PUBLIC HEARINGS PLANNING COMMISSION CITY COUNCIL City Council Chambers June 27, 2022 A Joint Public Hearing of the Planning Commission and City Council was held on June 27, 2022 and called to order at 3:04 p.m. with the following members present: Commission Members present: Chairman Sina Nejad Commissioner Johnny Beatty Commissioner Hamza Jabbar Commissioner Shawn Javed Commissioner Darius Linton Commissioner Lynda Kay Makin Commissioner Tom Noyola Commissioner Taher Quraishi Commission Members absent: Commissioner Sandy Pate Alternate Commissioner Erika Harris Alternate Commissioner Eddie Senigaur Alternate Commissioner Rogers Sorrell Jr. Councilmembers present: Mayor Robin Mouton Mayor Pro Tem Audwin Samuel Councilmember A.J. Turner *arrived at 3:49 p.m. Councilmember Taylor Neild Councilmember Mike Getz Councilmember Chris Durio Also present: Adina Josey, Senior Planner Sharae Reed, City Attorney Miles Haynes, Management Assistant Catherine Allen, Recording Secretary APPROVAL OF MINUTES Due to a posting error, the approval of the minutes was postponed until the next meeting. REGULAR MEETING 1) PZ2022-125: Request for the abandonment of Crockett Street between Pearl and Main 1 Planning Commission June 27, 2022 Streets. Applicant: Crockett Street Development, Ltd. Location: Crockett Street between Pearl and Main Streets. Mrs. Josey informed the Commission that this item had been postponed. 2) PZ2022-186: Request for the abandonment of a portion of the south end of Winfield Drive. Applicant: Jonathan Hart for BNSF Location: The south end of Winfield Drive Mrs. Josey presented the staff report. Johnathan Hart has requested the abandonment of an approximate 0.073 acre portion of the south undeveloped end of Winfield Drive for a proposed new railroad spur for BNSF Railway Company. BNSF plans to construct a new tract connecting two (2) existing segments. Various utility related concerns from the City Engineering Department have already been addressed. Slides of the subject property, proposed project and survey were shown. Staff recommended approval of the request with the following conditions: 1. Obtain approval of PZ2022-216 for a new railroad spur. 2. If approved, applicant shall obtain an appraisal and Title Commitment for the property to be abandoned at their expense. Appraisal and Title Commitment must be submitted to the Planning office along with proof that payment has been arranged prior to the item being placed on City Council’s agenda. The applicant was present. Jonathan Hart, 9845 McFarring Drive, Fort Worth, TX, addressed the Commission. Mr. Hart introduced Jeff Estes, Manager of Engineering at BNSF. Mr. Estes explained the plans to connect and redirect the railroad at the subject property. Brief discussion followed about the timeline of the completion of the project which Mr. Estes estimated to be around four (4) months. Chairman Nejad requested that PZ2022-187 be presented before the vote on PZ2022-186. 3) PZ2022-187: Request for the abandonment of a portion of the north end of Amarillo Street, the neighboring alleyway in Block 32, Cartwright Terrace and an adjoining portion of Forsythe Street. Applicant: Jonathan Hart for BNSF Location: The north end of Amarillo Street, the alleyway in Block 32, Cartwright Terrace and an adjoining portion of Forsythe Street. Mrs. Josey presented the staff report. Johnathan Hart has requested the abandonment of an approximate 0.1303 acre portion of the north undeveloped end of Amarillo Street, the neighboring alleyway in Block 32, Cartwright Terrace and an adjoining portion of Forsythe Street for a proposed new railroad spur for BNSF Railway Company. BNSF plans to construct a 2 Planning Commission June 27, 2022 new tract connecting two (2) existing segments. Various utility related concerns from the City Engineering Department have already been addressed. Slides of the subject property were shown. Staff recommended approval of the request with the following conditions: 1. Obtain approval of PZ2022-216 for a new railroad spur. 2. If approved, applicant shall obtain an appraisal and Title Commitment for the property to be abandoned at their expense. Appraisal and Title Commitment must be submitted to the Planning office along with proof that payment has been arranged prior to the item being placed on City Council’s agenda. The applicants, Jonathan Hart and Jeff Estes, addressed the Commission and stated that they understood the proposed conditions. Commissioner Makin moved to approve the request for the abandonment of a portion of the south end of Winfield Drive, as requested in PZ2022-186 with the following conditions: 1. Obtain approval of PZ2022-216 for a new railroad spur. 2. If approved, applicant shall obtain an appraisal and Title Commitment for the property to be abandoned at their expense. Appraisal and Title Commitment must be submitted to the Planning office along with proof that payment has been arranged prior to the item being placed on City Council’s agenda. Commissioner Javed seconded the motion. The motion to approve carried 8:0. Commissioner Makin moved to approve the request for the abandonment of a portion of the north end of Amarillo Street, the neighboring alleyway in Block 32, Cartwright Terrace and an adjoining portion of Forsythe Street, as requested in PZ2022-187 with the following conditions: 1. Obtain approval of PZ2022-216 for a new railroad spur. 2. If approved, applicant shall obtain an appraisal and Title Commitment for the property to be abandoned at their expense. Appraisal and Title Commitment must be submitted to the Planning office along with proof that payment has been arranged prior to the item being placed on City Council’s agenda. Commissioner Javed seconded the motion. The motion to approve carried 8:0. JOINT PUBLIC HEARINGS Mayor Mouton called the Joint Public Hearings of June 27, 2022 to order at 3:20 p.m. and explained the purpose of the Joint Public Hearing process. Mayor Mouton then turned the meeting over to Chairman Nejad to conduct the Joint Public Hearings. Chairman Nejad requested that PZ2022-216 be heard first. 4) PZ2022-216: A request for a Specific Use Permit to allow a new railroad spur in an RS (Residential – Single-Family Dwelling) District. 3 Planning Commission June 27, 2022 Applicant: BNSF Railway c/o Jonathan Hart Location: The northeast and west sides of the 600 block of Amarillo Street and the south side of the 2600 block of Fannin Street Mrs. Josey presented the staff report. Jonathan Hart, for BNSF Railway Company, is requesting th a Specific Use Permit to allow a new railroad spur south of Fannin Street and east of 4 Street. Some of that area, specifically the northeast and west sides of the 600 block of Amarillo Street and the south side of the 2600 block of Fannin Street, is currently zoned RS (Residential Single- Family Dwelling). This zoning district requires a Specific Use permit for a new railroad track. Existing tracks are located to the north and east adjacent to this location. Properties to the west and south of the new proposed railroad spur are single-family residential homes. In the interest of preserving the value of these properties, an eight (8) foot tall brick or masonry wall will be required along the edge of the new railroad tracks, adjacent to the residential homes. In addition, a ten (10) foot wide landscaped buffer containing one (1) class A or two (2) class B trees for every twenty-five (25) linear feet, will be required along the same perimeter. The brick or masonry fence should be next to the tracks with the landscaping on the outside, closer to the residences. Slides of the subject property, and surrounding area were shown. Thirty-four (34) notices were mailed to property owners within two hundred (200) feet of the subject property. Eleven (11) responses were received in favor and zero were received in opposition. Staff recommended approval of the request with the following conditions: 1. Construct an eight (8) foot tall brick or masonry wall along the east edge of the new railroad tracks adjacent to existing residential properties. 2. A ten (10) foot wide landscaped strip with trees along the west perimeter of the new railroad track outside of the required wall. 3. BNSF participate in the City’s rail crossing enhancement program by permitting a mutually-agreeable pedestrian crossing at one of BNSF’s rail lines. The applicants, Jonathan Hart and Jeff Estes, addressed the Commission. Mr. Estes stated that he was not sure if it would be possible to comply with the proposed conditions, particularly the landscape strip, due to lack of space. Brief discussion followed about this issue and possibly postponing the request until the issue could be resolved. Chairman Nejad moved to table the request for a Specific Use Permit to allow a new railroad spur in an RS (Residential – Single-Family Dwelling) District, as requested in file PZ2022-216. Commissioner Makin seconded the motion. The motion to table the request carried 8:0. 4 Planning Commission June 27, 2022 5) PZ2022-202: A request for a Specific Use Permit to allow a cell tower in an LI (Light Industrial) District. Applicant: Anne Hathaway Location: 8475 Landis Drive Mrs. Josey presented the staff report. Anne Hathaway representing SBA Network Services, L.L.C., proposes to construct a one hundred seventy-nine (179) foot tall cellular tower at 8475 Landis Drive. The proposed tower will be a monopole designed to support four (4) antenna arrays allowing for colocations in the future. No City utilities will be required at the unmanned site. Access to the site will be via an easement from Landis Drive. The applicant states that a six (6) foot chain link fence with one (1) foot barbed wire extension will be constructed around the lease area. In addition, they propose a row of crepe myrtle trees along the Landis Road right-of-way. Historically, a privacy fence with a solid gate has been required. Although trees are typically required, there are power lines along the south right-of- way line of Landis Drive, so no trees will be required. Instead, a row of hedges will be required along the north and west edges of the lease site, the sides visible from residential properties to the northwest. Slides of the subject property, site plan and surrounding area were shown. Four (4) notices were mailed to property owners within two hundred (200) feet of the subject property. Zero responses were received in favor or in opposition. Staff recommended approval of the request with the following conditions: 1. Utilize the existing approach and gravel path located just west of the site instead of a new proposed driveway. 2. Provide a copy of the recorded access easement and lease agreement. 3. Provide a six (6) foot tall wood or masonry fence to be constructed six (6) feet inside the north and west perimeter edges of the lease site with a solid gate. 4. Provide a landscaped buffer along the north and west edges of the tower site consisting of shrubs save and except for the gated area to meet Zoning Ordinance requirements. The applicant was present. Roger Garza, 4006 Trento Court, Katy, TX, addressed the Commission. He stated that they are in agreement with the staff report and that they will update the plan to comply with the proposed conditions. The public hearing on this item was opened and closed without comment. Commissioner Quraishi moved to approve the request for a Specific Use Permit to allow a cell tower in an LI (Light Industrial) District, as requested in file PZ2022-202 with the following conditions: 5 Planning Commission June 27, 2022 1. Utilize the existing approach and gravel path located just west of the site instead of a new proposed driveway. 2. Provide a copy of the recorded access easement and lease agreement. 3. Provide a six (6) foot tall wood or masonry fence to be constructed six (6) feet inside the north and west perimeter edges of the lease site with a solid gate. 4. Provide a landscaped buffer along the north and west edges of the tower site consisting of shrubs save and except for the gated area to meet Zoning Ordinance requirements. Commissioner Noyola seconded the motion. The motion to approve the request carried 8:0. 6) PZ2022-204:   A request to rezone a property from LI (Light Industrial) to GC-MD (General Commercial – Multiple-Family Dwelling) District. Applicant: Joseph Endari Location: 1190/1192 Gulf Street Mrs. Josey presented the staff report. Joseph Endari would like to rezone the property located at 1190/1192 Gulf Street. Mr. Endari owns the entire north half of the block now and the rest of the property is zoned GC-MD (General Commercial - Multiple Family Dwelling) District. Plans are to develop the property as a unit which needs the property to be consistently zoned. Slides of the subject property, site plan and surrounding area were shown. Ten (10) notices were mailed to property owners within two hundred (200) feet of the subject property. Zero responses were received in favor and four (4) responses were received in opposition. Mrs. Josey read the letters in opposition. She added the letters in opposition represent 35% of the properties within the two hundred (200) feet of the subject property. Staff recommended approval of the request. The applicant was present. Joseph Endari, 1380 Gulf Street, addressed the Commission. He stated that there are other multifamily properties in the area that do not have any problems or issues. He stated that the letters in opposition were from parties who wished to purchase the property from him and that that may be the cause of their opposition. Finally, he stated that the nearby business closes at 5:00 p.m. and that he has not received any complaints from his existing tenants in the area about noise. Discussion followed about the specifics of the proposed apartments being very small, being designed for only one person and targeting low income tenants. Councilmember Neild asked if, due to the percentage of objection, this would require a super majority for approval and Ms. Reed clarified that it would need a super majority at City Council, but not for the Planning Commission. The public hearing on this item was opened. Anne Figueres, representing Modern Group Real Properties, 1655 Louisiana Avenue, addressed the Commission. She stated that she was speaking in opposition and showed a map of the 6 Planning Commission June 27, 2022 properties that Modern Group owns in the area. She stated that their business is a 24 hour operation and that 18 wheelers and heavy equipment are running at all hours. For this reason, she stated that their opposition is due to the noise that would affect potential nearby residents. The public hearing was closed without further comment. The applicant was given an opportunity to speak in rebuttal. He stated that his current properties in the area have tenants who have lived there for years and have not complained about any noise issues. Commissioner Makin moved to deny the request to rezone a property from LI (Light Industrial) to GC-MD (General Commercial – Multiple-Family Dwelling) District, as requested in file PZ2022-204. Commissioner Linton seconded the motion. The motion to deny the request carried 8:0. 7) PZ2022-205:   A request for a Specific Use Permit to allow an event center in the CBD ---- -----(Central Business District). Applicant: Camryn Meraz Location: 308 Orleans Street Mrs. Josey presented the staff report. Camryn Meraz has requested a Specific Use Permit to open an event center at 308 Orleans Street. Ms. Meraz states the property will be used for events such as baby or wedding showers and small intimate weddings. No food or drink will be provided by the property owner or management. The Central Business District zone does not require any on-site parking, vehicles would park on the street. In addition, the building is currently not sprinkled. Building occupancy, although undetermined at this time, will be a number well below 100. Occupancy will need to remain at or below the number set by the Fire Department or a fire sprinkler system must be added. Slides of the subject property, site plan and surrounding area were shown. Fourteen (14) notices were mailed to property owners within two hundred (200) feet of the subject property. Zero responses were received in favor or in opposition. Staff recommended approval of the request with the following condition: 1. Building must be sprinkled if occupancy load is found in excess of the number set by the Fire Department. The applicant was present. Carly Boudreaux, 308 Orleans Street, addressed the Commission. She stated that they had already met with the fire marshal about the proposed condition and that they understand what needs to be done to comply. In response to Chairman Nejad, Ms. Boudreaux stated that the customers will supply their own food for their events. 7 Planning Commission June 27, 2022 Commissioner Quraishi asked about parking for the venue and Ms. Boudreaux replied that it will be street parking as it is downtown. The public hearing on this item was opened and closed without comment. Councilmember Turner stated that he appreciated the applicant being willing to invest in downtown Beaumont. Commissioner Noyola moved to approve the request for a Specific Use Permit to allow an event center in the CBD (Central Business District), as requested in file PZ2022-205 with the following condition: 1. Building must be sprinkled if occupancy load is found in excess of the number set by the Fire Department. Commissioner Jabbar seconded the motion. The motion to approve the request carried 8:0. 8) PZ2022-213:   A request to rezone a property from RS (Residential – Single-Family Dwelling) to RM-H (Residential Multiple-Family Dwelling – Highest Density) or a more restrictive District. Applicant: Fred Vernon Location: 1020, 1060 & 1070 Saxe Street Mrs. Josey presented the staff report. Fred Vernon would like to rezone the property located at 1020, 1060 & 1070 Saxe Street. Mr. Vernon owns 1020 Saxe Street and would like to build an apartment complex on the lot. The property owners for 1060 & 1070 Saxe Street agreed to the rezoning so that Mr. Vernon’s request would not create a spot zoning situation. There are several apartment complexes in the area similar to the project proposed by Mr. Vernon. Slides of the subject property, and surrounding area were shown. Twenty-seven (27) notices were mailed to property owners within two hundred (200) feet of the subject property. Zero responses were received in favor or in opposition. Staff recommended approval of the request. The applicant was present. Fred Vernon, 2040 Williams Avenue, Port Arthur, TX, addressed the Commission. He thanked the Commission for the opportunity to speak and explained that his project will be a twelve (12) unit apartment complex. The public hearing on this item was opened. Councilmember Neild spoke favorably about the applicant and the work that he has done. John Young, 4820 Wyatt Street, addressed the Commission. He stated that he lives across the street from the subject property and is opposed to the request. 8 Planning Commission June 27, 2022 Vergie Colbert, 4860 Wyatt Street, addressed the Commission. She stated that there are too many apartments in the area already and is concerned about traffic and crime. Miriam George, 4840 Wyatt Street, addressed the Commission. She spoke in opposition due to there being too many apartments in the area. Councilmember Durio stated that there is a housing shortage in the area and a need for more apartments. Councilmember Turner also expressed the need for more affordable housing and hoped that the proposed apartment complex would be able to screen its applicants to prevent crime problems. Michael Smith, 970 Saxe Street, addressed the Commission. He stated that he is opposed to the request due to potential traffic and crime problems and added that there are other areas in Beaumont on which apartments could be built. Bertha Johnson, 4880 Wyatt Street, addressed the Commission. She spoke in opposition due to concerns about crime. Akram Khalil, PO Box 283, addressed the Commission. He spoke in favor of the project and added that students from the nearby Lamar University may be able to use the proposed housing. He added that adding to the tax base may help the City to hire more police to address the crime issues. John Young, 4820 Wyatt, addressed the Commission again. He stated that those who spoke in favor do not live the area of the subject property and this apartment complex is not needed there. The public hearing on this request was closed without further comment. The applicant was given an opportunity to speak in rebuttal. He thanked all of those who spoke both in favor and in opposition for their feedback. He stated that he wanted to make a clear distinction between the existing apartment complexes and the one he is proposing. He added that the crime issues are for the police and other city stakeholders to address and that his complex will not bring additional crime. Mr. Vernon added that he hopes to beautify the neighborhood with this project, that it will be gated and will rent to hard working people who will go through a screening process. Commissioner Quraishi moved to approve the request to rezone a property from RS (Residential – Single-Family Dwelling) to RM-H (Residential Multiple-Family Dwelling – Highest Density), as requested in file PZ2022-213. Commissioner Jabbar seconded the motion. The motion to approve the request carried 7:1 (Makin). 9) PZ2022-215: A request for a Specific Use Permit to allow a duplex in an RS (Residential – Single-Family Dwelling) District. Applicant: Akram Khalil Location: 8230 San Carlos Street 9 Planning Commission June 27, 2022 Mrs. Josey presented the staff report. Akram Khalil is requesting a Specific Use Permit to allow a duplex at 8230 San Carlos Street. The approximately 3,672 square foot building would be divided into two (2) residences. The property is surrounded by single family homes and vacant lots in an RS (Residential Single-Family Dwelling) District. As this duplex will be located in an RS (Residential Single-Family Dwelling) District, an eight (8) foot tall wood or masonry screening fence along with a ten (10) foot wide landscaped buffer will be required along the north, east and south property lines. The buffer will require one (1) class A or two (2) class B trees every twenty-five (25) linear feet along the property line. Slides of the subject property, site plan and surrounding area were shown. Twenty-seven (27) notices were mailed to property owners within two hundred (200) feet of the subject property. Zero responses were received in favor and three (3) were received in opposition. Mrs. Josey read the letters in opposition. Staff recommended approval of the request with the following condition: 1. Landscaping and screening to meet Zoning Ordinance requirements. The applicant was present. Akram Khalil, PO Box 283, addressed the Commission. He stated that he understands and will comply with the proposed condition. He added that the existing property had been vacant for many years and is beyond the point of repair. Mr. Khalil stated that he grew up the area and wants to beautify the area and increase the tax base. The public hearing on this item was opened. Robert West, 8255 San Carlos Street, addressed the Commission. He stated that he has lived in the area for forty-seven (47) years and is opposed to bringing multifamily rental property into the area because of the different atmosphere that multifamily rental property brings. He stated that he knows his neighbors and that they are all long term homeowners. Finally, he added that the proposed duplex will be the start of more rental and multifamily housing in the area. Kyle Daniel, 7155 Carroll Lane, addressed the Commission. He spoke in opposition of the request. Mr. Daniel stated that he owns the property at 6920 Guess and 8295 San Diego in the area. He stated that much of the area flooded during Hurricane Harvey and that multifamily rental property is not the way to build it back. He also expressed concerns about adequate parking for the duplex and preventing more street parking which is already a problem in the neighborhood. Finally, he stated that the duplex may be the start of multifamily rental property in the area. Fred Vernon, 2045 Williams Avenue, Port Arthur, TX, addressed the Commission. He spoke in favor of the request. He stated that the duplex will be preferable to the vacant property to add to the tax roll and prevent squatting. The public hearing on this request was closed without further comment. 10 Planning Commission June 27, 2022 The applicant was given an opportunity to speak in rebuttal. He stated that he would do his best to uplift the area and bring in the right people. He added that this was just a small house, not a large apartment complex and that it will have adequate parking. Commissioner Quraishi moved to approve the request for a Specific Use Permit to allow a duplex in an RS (Residential – Single-Family Dwelling) District, as requested in file PZ2022-215 with the following condition: 1. Landscaping and screening to meet Zoning Ordinance requirements. Commissioner Beatty seconded the motion. The motion to approve the request carried 8:0. 10) PZ2022-218: A request for a Specific Use Permit to allow a bar in a GC-MD (General Commercial – Multiple-Family Dwelling) District. Applicant: Jisan Makanojiya Location: 2949 College Street, Suite 120 Mrs. Josey presented the staff report. Jisan Makinojiya is requesting a Specific Use Permit to allow a Daiquiri Bar at 2949 College Street, Suite 120. The bar will occupy a 1,300 square foot suite in the existing Mars Plaza and will include a full bar with a heavy focus on frozen daiquiris and frozen mixed drinks, all available for on-site consumption. Some food will also be available for purchase. Hours of operation will be Monday – Friday 10:00 a.m. until midnight, Saturday 10:00 a.m. until 1:00 a.m. and Sunday 10:00 a.m. until midnight. Slides of the subject property, site plan and surrounding area were shown. Twenty-seven (27) notices were mailed to property owners within two hundred (200) feet of the subject property. Zero responses were received in favor or in opposition. Staff recommended approval of the request with the following condition: 1. Must meet all requirements by Water Utilities for any water and sanitary sewer improvements, including any requirements of the City’s backflow and/or pre-treatment programs. The applicant was present. Jisan Makanojiya, 2949 College Street, Suite 120, addressed the Commission. He stated that this business will be a bar that specializes in slushy alcoholic beverages and that it will be his third similar business. In response to Commissioner Quraishi, Mr. Makanojiya stated that his other businesses are in Highland, Texas and in Beaumont on Phelan Boulevard. Commissioner Makin asked about the food that will be served and the applicant replied that the food consists of candy and other toppings for the drinks. Commissioner Makin asked if the establishment will have machines and if so what type and the applicant stated that they are applying for five (5) 8-liner gaming machines. 11 Planning Commission June 27, 2022 Discussion followed concerning the ordinances and state laws concerning gaming machines and other businesses with gaming machines in the area. Commissioner Makin asked about the staffing of the business and the applicant stated that there will be six (6) employees and two (2) will work per shift. The public hearing on this item was opened. Councilmembers Durio, Neild, Turner and Mayor Mouton expressed concern about the gaming machines. Mrs. Josey and Ms. Reed clarified that five (5) gaming machines are allowed by ordinance and state law as long as they meet the zoning requirements and distance requirements from schools, hospitals and churches. The public hearing on this item was closed. Commissioner Quraishi moved to deny the request for a Specific Use Permit to allow a bar in a GC-MD (General Commercial – Multiple-Family Dwelling) District, as requested in file PZ2022-218. Commissioner Makin seconded the motion. The motion to deny the request carried 7:1 (Beatty). The applicant pointed out that he was not given an opportunity to speak in rebuttal. Chairman Nejad allowed Mr. Makanojiya the opportunity to speak. He stated that he is not applying for a game room and that if the specific use permit is denied that he will restructure his business as a drive-thru daiquiri shop and will still have the five (5) gaming machines, as they are allowed by ordinance and not a part of the specific use permit process. Further discussion followed concerning the ordinances and state laws about gaming machines and the implications of approving or denying this request. Ms. Reed clarified that the decision before the Commission is whether or not to grant the specific use permit for the bar not the gaming machines. A new motion and vote was requested. Commissioner Quraishi moved to deny the request for a Specific Use Permit to allow a bar in a GC-MD (General Commercial – Multiple-Family Dwelling) District, as requested in file PZ2022-218. Commissioner Makin seconded the motion. The motion to deny the request carried 7:1 (Beatty). 11) PZ2022-226: A request for a Specific Use Permit to allow a construction business with an outdoor lay down yard in a GC-MD (General Commercial – Multiple-Family Dwelling) District. Applicant: Xavier Williams Location: 1320 Caldwell Avenue 12 Planning Commission June 27, 2022 Mrs. Josey presented the staff report. Xavier Williams is requesting permission for a construction business with a laydown yard at 1320 Caldwell Avenue. This property was zoned RM-H (Residential Multiple-Family Dwelling – Highest Density) and occupied by a house until it burned and was demolished in 2019. A commercial structure is located at the corner of the lot and the current owner wished to use the building for commercial purposes although it had sat vacant for several years so the property was rezoned from RM-H to GC-MD (General Commercial – Multiple-Family Dwelling). Mr. Williams constructed a new storage building on the property without the benefit of a permit. He then began to operate a construction business and park dump trucks on the property without a Certificate of Occupancy. Due to the property being used as a lay-down yard for Mr. Williams’s construction business, a Specific Use Permit is required in a GC-MD zoning district. This use is not compatible with other uses around the subject property. Properties to the north east and south are residential and occupied by single-family homes. Although a neighborhood grocery store sat at this location for many years, it was compatible with the adjacent uses. A construction business with outside storage for equipment and dump truck parking would be detrimental to the residential neighborhood. In his letter, Mr. Williams states three (3) dump trucks will be kept at this location. No parking for the dump trucks or the vehicles for the drivers are shown on the site plan. If the application is approved and parking is planned on the property, a six (6) foot wide landscaping strip will be required between any off-street parking areas and the street. Those landscaped strips are required to have a three (3) foot tall wall, berm or hedge for the length of the parking area. In addition, the property to the west along the north end of the property is zoned RM-H, if approved a ten (ten) foot wide landscaped buffer with trees and an eight-foot wood or masonry screening fence is required along that portion of the property line that borders the RM-H zoned property. Slides of the subject property, site plan and surrounding area were shown. Twenty-six (26) notices were mailed to property owners within two hundred (200) feet of the subject property. Zero responses were received in favor or in opposition. Staff recommended denial of the request. The applicant was present. Xavier Williams, 6050 Ricki Lane, addressed the Commission. He stated that he had a company put in a garage for him and that they told him they had a permit, but that he later discovered they did not. He then tried to pull the permit himself and that began the specific use permit process. Mr. Williams stated that he is trying to open a laydown yard and that he is not operating at the location, but just wants to store his vehicles and equipment there. He stated that the shop next door belongs to his father. In response to Chairman Nejad, he stated that he had put about $25,000 into the project. 13 Planning Commission June 27, 2022 Brief discussion followed to clarify where residential property was in relation to the subject property. Councilmembers Neild and Durio spoke in support of Mr. Williams and his work. The public hearing on this item was opened and closed without further comment. Discussion followed concerning the parking of the vehicles. Commissioner Quraishi moved to approve the request for a Specific Use Permit  to allow a construction business with an outdoor lay down yard in a GC-MD (General Commercial – Multiple-Family Dwelling) District, as requested in file PZ2022-226 with the following conditions: 1. Submit a revised site plan showing parking and required landscaping. 2. Provide landscaping to meet ordinance requirements along both street frontages. 3. Provide a ten (10) ft. wide landscaped buffer with trees along west property line that borders residential zoning and an eight (8) ft. tall wood or masonry fence to meet Zoning Ordinance requirements. Commissioner Jabbar seconded the motion. The motion to approve the request carried 7:0:1 (Beatty). OTHER BUSINESS None. THERE BEING NO OTHER BUSINESS, THE MEETING ADJOURNED AT 5:15 P.M. 14