Planning and Zoning Commission Minutes - 05/09/20014W MINUTES
PLANNING & ZONING COMMISSION
May ® 2001
PRESENT:
David Rhone, Chairman • Members
Cliff Berg •
Danny Richardson •
Bill Rowland •
Ken Birck • Alternate #1
J. C. Bradberry • Alternate #2
David A. Clark, Director of Community Development • Staff
Steve Seese, Planning Administrator •
Paul Stillson, Planner
Councilor Johnny Burns * Liaison
ABSENT:
L. 0. Nelson • Members
Lin Purtle •
Susan Wood Reeves •
Rusty Sons •
I. CALL TO ORDER
The meeting was called to order by Chairman Rhone at 2:00 p.m.
11. NOMINATE AND VOTE ON VICE CHAIRMAN OF COMMISSION
Chairman Rhone asked for nominations for Vice Chairman. Mr. Richardson nominated
Mr. Berg. Mr. Birck seconded the motion. The Commission passed the nomination with
a unanimous vote in favor.
Ill. PUBLIC COMMENTS
No one from the audience wished to address the Commission.
PLANNING & ZONING COMMISSION
MAY 9, 2001 * PAGE I
l"I'll IV. APPROVAL OF MINUTES
A
�6w Mr. Berg made a motion to approve minutes of the April 11, 2001 meeting as submitted.
Mr. Birck seconded the motion. The minutes were passed with a unanimous vote in
favor.
V. CONSENT AGENDA
Public Hearing on Preliminary Plats
The Planning & Zoning commission recommended approval of the following plats
subject to the Standard Conditions of Approval for Final Plats and Replats and any
specific conditions listed below:
Recommend approval subject to standard conditions and any specific conditions for
final plats listed below:
• Provide utility easements as required by utility companies and Director of Public
Utilities and drainage easements as required by Director of Public Works.
• Submit water and sewer plans to Utilities Engineer; water plans to the Fire
Marshall; and street, sidewalk and drainage plans to the Director of Public
Works. Drainage plans must be complete enough to include impact on
surrounding property and include detention facilities as required by Director of
Public Works.
• Coordinate street lighting plan with Director of Traffic and Transportation, if
underground electric utilities are to be provided.
Note: Approval of a plat does not imply development of property in violation of
the Zoning Ordinance.
1. Stone Lake Estates, Revised (May'01)
a. Previous conditions of approval from the December 1998 Planning and
Zoning Commission meeting continue to apply.
b. Extend sanitary sewer to all lots. (PUBLIC WORKS)
C. Extend water to all lots. (PUBLIC WORKS)
d. Construct all internal streets in accordance with City standards. (PUBLIC
WORKS)
e. Comply with curb and gutter requirements on Rathgeber Road. (PUBLIC
WORKS)
f. Comply with stormwater detention ordinance. (PUBLIC WORKS)
9. Construct drainage facilities in accordance with design criteria. (PUBLIC
WORKS)
h. Traffic lights need to be installed at Southwest Parkway, if Stone Lake
Drive or another street will intersect with State Highway 79. Place stop
signs on Rathgeber Road, (POLICE)
PLANNING & ZONING COMMISSION
MAY 9, 2001 # PAGE 2
i. Additional easements may be needed prior to filing final plat. ( ,U)
Public Hearing on Final Plats
The Planning & Zoning Commission recommended approval of the following plats
subject to the Standard Conditions of Approval for Final Plats and Replats and any
specific conditions listed below:
• Provide utility easements as required by utility companies and Director of Public
Utilities and drainage easements as required by Director of Public Works.
• Submit water and sewer plans to Utilities Engineer; water plans to the Fire
Marshall; and street, sidewalk and drainage plans to the Director of Public
Works. Drainage plans must be complete enough to include impact on
surrounding property and include detention facilities as required by Director of
Public Works.
• Coordinate street lighting plan with Director of Traffic and Transportation, if
underground electric utilities are to be provided.
Note: Approval of a plat does not imply development of property in violation of
the Zoning Ordinance.
1. Amon Family Addition, Block 1, Lot 1 (May'01)
a. Provide utility slips.
. Lot is served by water and sewer. (PUBLIC WORKS)
C. Comply with stormwater detention ordinance. (PUBLIC WORKS)
d. A ten foot dedicated easement is required in Lot 1, Block 1. )
2. Stone Lake Estates, Phase 2 (May '01)
a. Label "Block 4" on the east side of Eastridge Drive.
b. Label building limit line in Block 4.
C. Provide street name for unnamed streets. Street names are subject to
approval by the City.
d. Provide volume and page for off -site easement dedications.
e. Label distances of all segments of all lots.
f. Use bearing and distances to locate existing easement in Lots 30 & 31,
Block 1. Show easement location with respect to lot corners.
9. Provide utility slips.
h. Provide tax certification.
i. Label width of side setback on lots on the west side of Eastridge Drive.
j. Label unnamed street bounded by Blocks 1 & 2, as "herein dedicated.'
. Provide sanitary sewer for unserved lots. (PUBLIC WORKS)
I. Provide water for unserved lots. (PUBLIC WORKS)
M. Provide storm water detention. (PUBLIC WORKS)
PLArNG & zINc coMMrsswcN
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MAYS, 2001 • PAGE 3
Is
n. Construct streets in accordance with City standards. (PUBLIC WORKS)
. Construct drainage facilities in accordance with design criteria. (PUBLIC
WORKS)
p. Additional easements will be need prior to final platting. ( )
3. Thompson Subdivision, Block 262, Lot 1-C (May'01)
a. Provide utility slips.
b. Label access easement as "alley, herein dedicated."
C. Construct alley in accordance with City standards. (PUBLIC WORKS)
d. Easement needed in alley being vacated on west end of property. ( )
e. Two inch poly main required in alley. (TXU)
4. Kiel Second Subdivision, Block 52A, Lots 113 & 1 C (May '01)
a. Provide utility slips.
. Wellington Lane is classified as a Minor Arterial Street. Dedicate one-half
of required 90-foot right-of-way for street widening.
C. "South" appears to be part of the street name. Use smaller type on this
call.
d. Extend sanitary sewer to serve both lots. (PUBLIC WORKS)
. Lots are served by water. (PUBLIC WORKS)
f. Provide stormwater detention in accordance with ordinance. (PUBLIC
WORKS)
Mr. Birck made a motion to approve the Consent Agenda. Mr. Rowland seconded the
motion. The motion passed with a unanimous vote in favor.
VI. REGULAR AGENDA
1. Request to Rezone 23.4 Acres from Multifamily Residential to General
Commercial and Single Family-2
Applicant ........................... .....W.__ S. Enterprises Inc.
Requested Action .......................... Rezone from Multifamily Residential to Single Family-
2 and General Commercial Zoning.
Property .......................................Approximately 2 .5 acres out of Block 19, Denton
o., School Lands.
Location ......... .............................. Located at the corner of Southwest Parkway and
Barnett Road.
Existing Land Use ........................Vacant Land.
Surrounding Land Uses & Zoning N: Apartment Complex, MFR
: Residential & Commercial, GC & SF-2
Memorial Stadium Complex, F-2
Residences, SF- , LC
PLANNING & ZONING COMMISSION
MAY 9, 2001 • PAGE 4
Analysis:
The applicant is requesting rezoning for a 23.5-acre tract currently zoned Multifamily.
The "Proposed Rezoning Map" shows the applicant is proposing General Commercial
zoningfor the planned lots fronting on Barnett Road and Southwest Parkway (those lots
are shown with a letter designation). The interior (numbered) lots will be zoned Single
Family- .
The property is located at the northwest corner of Barnett Road and Southwest
Parkway. The tract includes all of the vacant property on this corner. The car lot and
service station building are not part of this application. The area to be rezoned is
bounded on the north by apartments, on the west by residences, on the east by Barnett
Road and on the South by Southwest Parkway.
drainage canal divides the property diagonally. On either side of it is an area of flood
plain and floodway. This feature limits the manner in which the property can be
developed.
a. Chancied con ii _ : Staff analyzed the rezoning to identifyconditions that have
changed in the district or may have changed outside the district that directly or
indirectly affect land use adjacency. This area was zoned Multifamily in 1985 i
anticipation of continued multifamily construction in this area. The site remained
vacant with no further multifamily construction. One of the reasons may be the
existing canal.
b. Relationship to the Comprehensive Plan: Staff considered the effects of the land
uses allowed under that proposed zoning district relative to conformance with the
i Comprehensive Plan. The Comprehensive Plan designates this area as "High
Density Residential." If this rezoning is approved an amendment to the
Comprehensive Plan will be required.
c. The nature and dearee of i paCt upon neighboring lands: To the west of the
proposed General Commercial zoning along Southwest Parkway is Ashley Court.
This cul-de-sac is zoned Limited Commercial but contains residences. The
backyards of these residences will be adjacent to the planned General Commercial
Zoning along Southwest Parkway. Since the residences are zoned LC, no buffering
measures (setbacks or fencing) would apply when commercial uses are constructed
adjacent to the residences. Staff recommends that the Commission consider zoning
those lots closest to Ashley Court (proposed lots "A" & " "), to Limited Commercial.
This LC zoning would allow the Commission greater opportunity to review proposed
uses for impacts on abutting residences. It would also provide LC zoning as a buffer
r lots adjacent to this new entrance into the Briargate residential subdivision.
Recommendatiom
The staff recommends approval of _ • • to Single and Gener
Commercial as submitted, except that Limited Commercial zoning is recommended
PLANNING & ZONING COMMISSION
MAY 9,2001 • PAGE 5
Mr. Berg made a motion to recommend approval to it Council for this rezoning case.
Mr. Birck seconded the motion.
Mr. Richard Boyd, representative for the potential buyers of this tract, stated he
understood the concern for Lot "A" being adjacent to a residentially developed LC tract.
He asked consideration for zoning the lot GC then providing a buffer zone on Lot "A".
Mr. Seese replied there are no ordinances requiring such a buffer. Mr. Boyd suggested
conditional approval of his request. Mr. Seese stated that enforcement for future
owners would not be possible. He then asked Mr. Boyd what his objections were to
rezoning it LC. Mr. Boyd replied that significant portions of the tract are either in the
floodway or floodplain and the applicants wish to maximize use of remaining property.
Mr. Boyd stated that Lot "B" is preferred to be GC and it would be acceptable to zone
Lot "A: LC.
Mr. Steve Smith, applicant, stated there were significant drainage problems with the
property. He said he understood the issues with Lot "A" but it would devalue the
property. He stressed he wanted Lot "B" zoned GC. Chairman Rhone stated that
seemed more in line with staffs proposal.
Mr. Berg asked if it were zoned LC, could a proposed GC use with conditional use
approval be alternate solution. Mr. Seese stated LC had numerous uses even with
conditional use approval.
Mr. Birck asked why there was not concern for the proposed SF-2 abutting GC. Mr.
Seese replied that the applicant will be required to install a privacy fence between those
two zones when developed. Mr. Clark clarified the issue by stating Lot "A" affects
existing residential and the proposed residential lots owners will know the land behind
their lots is commercial before they purchase the lots.
Mr. Berg made an amended motion to change Lot "A" to Limited Commercial zoning
with Lot "B" remaining General Commercial. The motion was seconded by Mr. Birck.
The motion passed with a unanimous vote in favor.
The original motion with amendment was passed with a unanimous vote in favor.
2. Request to Construct an Office of 6,500-7,000 Square Feet in Limited Office
1808 Southwest Parkway
Case C 01-21
Applicant ............... ....................... Jackie Lebow, Architect
Requested Action ..................... ...-Conditional Use Permit for an office in LO greater
than 1,200 square feet.
Property ....... ...... ........ Lots 7, 8 & 12, Block 9, Singleton, Subdivision
Location .......... ...................... -- ..... Between Lake Park Drive and Mary Lane on the north
side of Southwest Parkway.
PLANNING & ZONING COMMISSION
MAY 9,2001 • PAGE 6
Existing Land Use ........................ Vacant Land.
Surrounding Land Uses & Zoning N: Residential, F-
E: Residential, S-
: Southwest Parkway, SF-2
W: Vacant land, LO
Analysis:
The applicant is requesting Conditional Use approval for a 6,500 to 7,500 square feet
office building on a three -lot site. About 1,800 square feet be used for a mail order
business. The property is zoned Limited Office. Offices over 1,200 square feet require
Conditional Use Approval. The applicant's present office is at 4925 Lake Park Drive,
just north of this proposed building.
The Limited Office district allows "offices" and "medical" offices. The applicant 's mail
order business consists of small parts being packaged and sold to customers by mail.
Staff feels that the Commission should make a determination if this operation would be
also classified as an "office" use. The district does not allow "services" or "retail."
This site combines three lots, two on Southwest Parkway and one along Lake Park
Drive. A 15-foot wide unpaved alley separates the properties. All of the lots will be
combined into one if the alley can be abandoned.
The parking requirement for a 6,500 to 7,500 square foot office is one parking space for
each 300 square feet of building area. Twenty-two to twenty-five parking spaces will be
required for this size building.
Ordinance Requirements:
1. Buffering adjacent to residential shall be provided as required by Section 4600 of
the Zoning Ordinance.
2. Parking shall be provided as required by Section 6200.
3. Provide landscaping as required
4. Sidewalks will be required along all public streets.
5. The applicant should note the restrictions of the Limited Office District.
Recommendation
The staff recommends approval of this Conditional Use permit with the following
conditions:
. No direct selling of merchandise.
2. No flammable or combustible materials kept anywhere on site.
3. Elevations of the building shall be compatible with neighboring residential uses
and similar in appearance.
It was noted that Mr. Richardson would be abstaining from discussion and voting on this
conditional use permission.
Mr. Berg made a motion to approve this conditional use request. Mr. Rowland
seconded the motion.
PLANNING & ZONING COMMISSION
MAY 9, 2001 • PAGE 7
Twenty-six surrounding property owners were notified of this request. Five () replied in
favor and five () were opposed.
Mr. Mike Wood, applicant, stated he owns the office building on Lake Park Drive and
this new facility will resemble that building. Chairman Rhone expressed concern about
future retail possibilities; Mr. Wood replied that was not on option, this is a mail order
business. Mr. Wood stated the existing privacy fence would extend down to the end of
this new tract.
The motion passed with a unanimous vote in favor.
3. Request for Carport
2829 Roanoke Drive
Case C 01-18
There is an alley in the rear of the property but it is not paved.
There was a motion, with a second, to approve this request.
Twenty-three property owners were notified of this request. Six (6) replied in favor and
none were opposed.
The carport request passed with a unanimous vote in favor.
4. Request for Carport
4314 Rhea Road
Case C 01-19
There is all-weather access to the rear of this property.
Mr. Berg made a motion to approve this carport. Mr. Birck seconded the motion.
Twenty-ninesurrounding property owners were notified of this request. Two () replied
in favor and none (0) were opposed.
The contractor, Mr. Joe Galvez, stated that the carport was designed to be 1'x24'. He
was told [incorrectly] an engineer's seal would be required to validate the carport could
withstand 80 mph winds.
Access to the rear of the property was discussed. It was determined that a carport i
the front would be less expensive and, since there are six carports within 200', the
applicant should be granted this request.
PLANNING & ZONING COMMISSION
MAY 9, 2001 • PAGE 8
The vote was unanimous in favor of approval. The carport request passed.
5. Request for Carport
1409 Gunnison
Case C 01-20
There is all-weather rear access to this lot.
Mr. Birck made a motion to approve this carport. Mr. Bradberry seconded the motion.
Thirty-four surrounding property owners were notified of this request. Ten (10) replied
in favor and none (0) were opposed.
Mr. Ross Hollar, applicant, stated there is a sewer line and gas line crossing the lot. He
also intends to construct a storm cellar in his backyard; he prefers to have it constructed
in the front. He also explained trash collection is done from the street because the alley
has a very sharp curve at the Yuma Street end.
Mr. Berg noted that there are nine carports within the 200' area.
Councilor Burns commended the carport decisions made by this Commission. He
mentioned that Council rarely denies a carport request. He stated concerns about the
delay in the approval process when there is a paved alley behind a residence.
Mr. Hollar described his carport as being constructed with metal because the wooden
carports deteriorate. It will match the colors of his home.
The carport request passed with a unanimous vote in favor.
VII. OTHER BUSINESS
1. City Council Update
Mr. Clark summarized Council action by stating the rezoning at Jacksboro Highway and
Jasper Street was approved; the rezoning at Southwest Parkway and Jacksboro
Highway was also approved. Additionally, there was rezoning in the River Development
District which was approved. After five months of negotiation, the communications
tower ordinance was approved with the moratorium being lifted. The conditional use
permit for the video arcade on Midwestern Parkway was withdrawn by the applicant.
The video arcade on Beverly Drive will be appealed by the School District at the May
15 th Council meeting. Mr. Clark commented that the District r office has
declared the machines a legal use if the pay out is a certificate under $5.00.
PLANNING & ZONING COMMISSION
MAY 9, 2001 • PAGE 9
, 6
2. Discussion of Items of Concern to Members of the P&Z Commission
Mr. Richardson commented he was concerned with the number of temporary canopy -
type carports. Mr. Seese stated there are minimum carport requirements in the Zoning
Ordinance but setbacks are the only item mentioned.
VIII. ADJOURN
The meeting was adjourned at 2:53 p.m.
MOHIM159PMH
Steve Scee'se, City Planning Administrator
. ....... . .. ............. . ..................................................
Date
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MAY 9,2001 * PAGE 10