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Planning and Zoning Commission Minutes - 12/01/2014MINUTES PLANNING & ZONING COMMISSION December 1, 2014 PRESENT: John Kidwell, Vice Chairperson Jeff Browning ♦ Members Johnny Combs Rick Graham Rodney Martin • R. C. Taylor ♦ James Wingo ♦ Anthony Inman Dan Leslie • Alternate #1 ♦ Alternate #2 Barney Brock (no seating available on the dais) • James McKechnie, Asst. City Attorney II ♦ Legal Dept Karen Gagne, Planning Administrator Loren Shapiro, Planner III Diane Parker • Rita Miller, Code Enforcement Administrator Alex Borrego, Code Officer 11 Ryan Chavis, Code Officer I • ABSENT: Ben Hoover Council Liaison Karla Metty, Chairperson CALL TO ORDER The meeting was called to order by Vice Chairperson Kidwell at 2:00 p.m. He then proceeded to make the following comments: a. This meeting is being broadcast live on Channel 11. It will be replayed at 2:00 p.m. daily including Saturday and Sunday until the next live meeting is aired which will be the second Wednesday of next month at 2:00 p.m. b. Motions made by the Commission members include all staff recommendations and developmental requirements listed in the staff report. Any deviations will be discussed on a case -by -case basis and voted on accordingly. c. Applicants and citizens who wish to address the Commission or answer questions from the Commission members are asked to please speak into the microphone at the podium. This meeting is being taped and there is no microphone to record statements made from the audience. d. Please silence all cell phones during the meeting. If it is necessary for you to have a cell phone conversation during the meeting, please use the hallway outside this room. 11. PUBLIC COMMENTS No one from the audience wished to address the Commission. III. APPROVAL OF MINUTES Mr. Taylor made a motion to approve the October 8, 2094 meeting minutes; Mr. Browning seconded. The motion carried. IV. CONSENT AGENDA Mr. Shapiro stated that Plat 1. A. Westwood Garden Estate was withdrawn by the applicant prior to the meeting. 1. Final Plats A. Westwood Garden Estate, Block 26A, 29A, and 30A a. The site is served by public sewer and water. (Public Works) b. Please add the standard note regarding compliance with the storm water ordinance: "Compliance with the current Stormwater Detention Ordinance will be required on this property before building permits will be issued ". (Public Works) c. Our records indicate that North Beverly Drive is currently a 70 foot wide right of way, please verify. (Public Works) d. Please show 10' utility easements along the road frontages of North Beverly Dr and Lela Lane. (Public Works) e. The field notes indicate found iron rods at the intersection of North Beverly Dr and Lela, however the map shows them as set, please clarify. (Public Works) f. Please verify the location of the existing sewer line across the South line of Block 30A; a wider utility easement may be required to cover the existing sewer line. (Public Works) g. Ghost in Lot and Block numbers on all parcels. (Public Works /Planning) h. Parcels are described as "Blocks" in the plat title as well as on the plat but as "Lots" in the notes, please resolve. (Public Works /Planning) B. Thompson Subdivision, Lot 1 -D, Block 262 a. The site is served by public sewer and water. (Public works) b. Add "Previously Dedicated" under Street Names on the plat. (Public works /Planning) c. Storm drain detention is not necessarily required, just compliance with the storm water ordinance, please change detention note to: "Compliance with the current Stormwater Detention Ordinance will be required on this property before building permits will be issued ". (Public works) d. Show existing structures as an existing encroachment. (Planning) e. For public easements, dedicate an amount of sq. footage equal to the amount of sq. footage vacated; show these amounts on the legend of the plat. Easement dedication must be useable and reasonable. (Property Management) f. Confirm drainage easement along 10th Street is not in fact detention. if it is indeed detention, confirm whether this is public or private and accommodate detention elsewhere. (Public works) g. If it is a drainage easement and is not needed, it can be re- dedicated as a utility easement or purchased and abandoned. (Value determined through Property Management) 2. Carports A. Case C 14 -50 Request for a carport in the required front setback 1412 New Haven Road Ms. Chong Cooley requested conditional use approval to construct a carport at her residence on New Haven Road. There are three (3) properties within the 200' perimeter of her property with carports in the front setbacks. Nineteen (19) surrounding property owners were notified of this carport request. Two (2) or 10.53% replied in favor and none (0) were opposed. B. Case C 14 -51 Request for a carport in the required front setback 4119 Pecos Street Ms. Song Cha Norris requested conditional use approval to construct a carport in the front setback of her Pecos Street residence. There are seven (7) properties with the 200' perimeter of her property with carports in the front setbacks. Thirty -five (35) surrounding property owners were notified of this carport request. Nine (9) or 25.71% replied in favor and none (0) were opposed. Mr. Taylor made a motion to approve the plats and the carports on the Consent Agenda; Mr. Inman seconded. The motion carried. The carports for New Haven Road and Pecos Street were approved. V. REGULAR AGENDA 1. Case C 14-48 Request to allow outdoor storage and display in a General Commercial (GC) zoning district 2324 Stn Street/Seymour Highway Mr. Edwin Perez, applicant, requested conditional use approval to allow outdoor storage and display at his resale store. He proposed to display second -hand merchandise in a designated area along the front of his building under an existing carport and in front of a fence. Mr. Perez sells his goods from inside the store. Recently, the goods were also stored and sold outdoors. They were visible from the street during business hours and after hours. A conditional use has never been issued to allow for outdoor storage and display; he is in violation. Staff has tried to work with Mr. Perez since June, 2014. He applied for a conditional use but it was not approved at the July 9, 2014 Planning and Zoning Commission meeting. The applicant has agreed to the following conditions: 1. Merchandise and goods shall be provided in a designated area, under the carport, along the front of the building, and exterior of the fence (see site plan exhibit); 2. A minimum 5 -foot clearance shall be maintained between the parking spaces and designated display area; 3. The parking spaces shall have sufficient area to allow backing, on the property, to maneuver onto or off of Seymour Highway; 4. All merchandise and goods shall be removed from the display area and be completely out of sight at the close of business. 5. Business hours shall be 8:00 a.m. to 7:00 p.m. Monday through Saturday. Mr. Perez has stated to staff that his business is a resale shop that buys and sells used merchandise such as furniture, shoes, tires, toys, etc. His shop is not large enough to accommodate his goods and he would like to store the larger merchandise outside. His intent to store merchandise for future sales is not in violation of the zoning ordinance with an approved conditional use permit. Mr. Perez's property is not platted; therefore, property will be required to be platted and all before building permits can be issued. if the conditional use permit is approved, the other development requirements must be met Staff recommended approval of this request with the following conditions. 1. The property must be platted (r.o.w. dedication along 5 I Street/Seymour Highway, as required); 2. The property shall have a fence or other approved screening (6 ft. minimum) installed and maintained to obscure the view of the outdoor storage from any adjacent land or right -of -way; 3. Gates, normally used for access to the outdoor storage yard, are not required to provide a solid screen; 4. The outdoor storage yard immediately behind and perpendicular to such gate, to a distance of a least 30 feet, shall be kept clear of all storage materials. Unscreened gates shall be no wider than 20 feet; 5. Areas around or under outdoor storage materials or buildings shall be kept free and clear of accumulations of grass, weeds, brush or other uncultivated vegetation; 6. All other development requirements must be met before the issuance of building permits. 7. Merchandise and goods shall be provided in a designated area, under the carport, along the front of the building, and exterior of the fence (see site plan exhibit); 8. A minimum 5 -foot clearance shall be maintained between the parking spaces and designated display area; 9. The parking spaces shall have sufficient area to allow backing and maneuverability, outside of the pavement, onto or off of Seymour Highway; 10. All merchandise and goods shall be removed from the display area and be completely out of sight at the close of business; 11. Business hours shall be 8:00 a.m. to 7:00 p.m. Monday through Saturday. Twenty -two (22) surrounding property owners were notified of this request. None (0) responded in favor and two (2) or 9.09% were opposed. Mr. Shapiro distributed an email received today from an adjacent property owner that was opposed. Mr. Shapiro displayed a photo of the property taken the day of the meeting. He also stated that Code Enforcement officers were at the meeting to answer questions. Mr. Perez stated he is seeking a [conditional use] permit to establish his resale business. He is aware of the conditions he must follow. Mr. Michael Ledue, owner of the property to the left (west), stated there have been mattresses and a refrigerator stored against his fence. There appears to be a rodent problem. Parking has drifted over to his property. The rear of the property is not screened, it is chain link. It is extremely unorganized. Mr. Ledue stated the property is a health concern. He presented photographs to the Commission. When screening was discussed, Mr. Shapiro stressed the display must be screened (behind a fence) and not viewable during non - business hours. Ms. Rita Miller, Code Enforcement Administrator, wanted to clarify Mr. Ledue's photographs. Some of the items in his photographs might not qualify for outdoor storage, but be considered rubbish and trash, Items left outdoors that have lost their value and are unable to be resold are classified as rubbish and trash. Mr. Perez could be issued citations regarding the items displayed. Code Enforcement has had an issue with this property having rubbish and trash viewable from 5 1 Street. Determining the items that are rubbish and trash and outdoor storage items would be a challenge for the Code Enforcement officers. Mr. Graham asked about wet mattresses; Ms. Miller replied those would be classified as rubbish and trash. Mr. Taylor asked how the rubbish and trash would be addressed. Ms. Miller explained Mr. Perez would receive a letter giving him 10 days to clean up his property. If it was not done, he would be issued a citation by Code Enforcement. Mr. Taylor commented this is a large issue and he agreed that Mr. Ledue has a legitimate concern. An infestation of varmints could be difficult to eliminate if it were to get started. Mr. Perez stated his business is closed until he receives conditional use approval. Mr. Ledue stated he wanted Mr. Perez to clean up his property. Vice Chairman Kidwell commented that he did not want to hinder Mr. Perez's business but the trash problem must be addressed. Mr. Wingo stated the owner appears to have gone to a minimal effort to comply. The items in front of the business, according to the owner, have been dropped off by customers for Mr. Perez to sell. Mr. Taylor commented that a dumpster should be secured for the removal of trash. He mentioned tabling this case to give the applicant an opportunity to clean up the property. Mr. Graham commented about the outdoor storage; it should be screened around the entire property. Mr. Martin stated the Commission suggested the applicant get a dumpster to have the property thoroughly cleaned prior to any action taken on his conditional use request. If the permit is granted today with a condition to have the property cleaned, he will be required to have that done. Mr. Martin stated the Commission should take action on what is seen today. Mr. Graham asked what the procedure would be if the Commission approves this request and the business opens without the trash cleaned up. Mr. McKechnie stated he would be issued a violation because he did not comply with the conditions of the permit approval. Mr. Browning asked if there could be a time limit to install the privacy fence. Ms. Miller stated again it will be a challenge to determine what is rubbish and trash from the resale items. Mr. Martin stated the front of the building and the fence appear to be about 20' from Seymour Highway. It does not leave enough room for head -on parking. Having angled, striped parking would be easier to control. Mr. Graham asked about tabling this item until the rubbish is clean up. Vice Chairman Kidwell stated that the property has not changed much since July. If we don't address the original agenda item, people will continue dropping off merchandise in the front of this location. Mr. Wingo made a motion to amend #9 to include parking spaces shall be marked [striped] and have sufficient area; Mr. Browning seconded the motion. The motion carried. A motion was made to amend #2 to change the wording to "any" adjacent land. Mr. McKechnie stated item #2 is worded correctly to be interpreted all adjacent lands. Mr. Martin made a motion to approve this request; Mr. Taylor seconded. The vote was four (4) in favor and five (5) opposed. The conditional use was denied. Mr. Graham addressed Mr. Perez stating if he would clean up the debris, the Commission would rehear the case and "The Commission would be glad to approve it." 2. Case R 14 -02 Request to rezone 0.48 acres from Light Industrial (LI) to Central Business District (CBD) and amend the Land Use Plan The Genesis Place dba Straight Street is requesting the rezoning of 0.48 acres from LI to CBD and amend the Land Use Plan. This location is 1106 and 1108 Indiana Avenue or the northwest corner of Indiana Avenue and 12th Street. Straight Street (The Genesis Place) is relocating from 807 Austin to the subject property. The non - profit organization provides youth services and activities including athletics at its current facility. The purpose for rezoning this parcel is to redevelop the property to accommodate youth activities including a club building, shop /activity building, covered basketball courts, and outdoor football field. In addition, the applicant will occupy the parcels to the north including the existing brick and metal building at the southwest corner of Indiana Avenue and 11th Street. Rezoning this parcel to CBD will allow a zero setback along streets and would permit redevelopment and reuse for buildings and athletic facilities. Consistency with the 20120 Vision Plan. The property is located in a transitional area, designated as Southeast Commercial Industrial Zone, according to the Vision 20120 Plan. The property is at the southern fringe of the central business district of downtown (designated Central Office Retail Entertainment Core). The plan encourages building edges immediately along streets to keep the continuity of existing structures. The plan does state that when building edges along streets are interrupted, such as for a park or plaza, the use of decorative fencing or shrubs should be utilized. Linkages between the designated zones, mentioned in the 20120 plan, should be linked, such as between the Central Office Retail Entertainment Core area, to the north, and the subject Southeast Commercial Industrial area, for the subject property, and tracts to the south and east. The applicant proposes a football and soccer field along Indiana Avenue, at 121h Street, Fencing will be placed along Indiana Avenue and 12th Street, providing screening and continuity along streets. Covered basketball courts and an activity building will be constructed along the alley at 12th Street. Straight Street staff will occupy the existing brick and metal building at Indiana Avenue and 111h Street. Evaluating criteria for rezoning are as follows: 1. Changed Conditions: Original remnant buildings remain within the block, including the subject property, bounded by Indiana Avenue, 12th Street, 11 th Street, and Scott Avenue. Where buildings were removed in the past, parking remains. Over 'h of the subject property contains buildings, which extend from Indiana Avenue to an existing alley. The buildings are primarily commercial in nature. The remaining portion, at the corner of Indiana Avenue and 121h Street is a parking lot. 2. Relationship to the Comprehensive Plan: The Land Use Plan currently shows the property as Downtown. The proposed zoning change would be consistent with the designated land use. 3. The nature and degree of impact upon neighboring lands: Rezoning the area to CBD would be in harmony with the existing commercial uses and building scale in the area. The proposed rezoning would increase the CBD zoning designation to 3/ of the street block adding continuity. Staff recommended approval of the proposed rezoning request. Vice Chairman Kidwell inquired about the portion of the block not being rezoned. Mr. Shapiro stated the applicant does not own the other site, only the two blocks mentioned. Ms. Katherine McGregor, member of the Straight Street board representing the applicant, distributed literature regarding Straight Street. Their ministry is directed towards at -risk youth. There are 100 -150 youth that attend the Friday and Saturday night events. The properties at 1100, 1106 and 1108 Indiana have been purchased; the brick building will be used and the two other lots will have their buildings demolished in order for the land to be used for sports. Used turf will be laid down on these lots. Mr. Martin made a motion to recommend approval to City Council for the rezoning of 1106 and 1108 Indiana to Central Business District and amend the Land Use Plan; Mr. Wingo seconded. The motion carried. !11! • Z IT'Ir. Shapiro stated no items were presented to City CbUnCil at their last session from this Commissiom Tru-7,1711 -,,,W I [fr effiTeMY meeting wouia 5ea weeK • ffm _Tl�ednesday on December 10", aria ate a lVetty-,Chairpers6j3_:- ATTEST: MIFMIIWM-. a� M) 0 / i '--I I Date'