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Planning and Zoning Commission Minutes - 09/12/2001MINUTES PLANNING & ZONING COMMISSION September 12, 2001 PRESENT: David Rhone, Chairman Cliff Berg Ken Birck L. O. Nelson Lin Purtle Susan Wood Reeves Danny Richardson Bill Rowland Rusty Sons David A. Clark, Director of Community Development Steve Seese, Planning Administrator Paul Stillson, Planner • Members • Alternate • Alternate • Staff I. CALL TO ORDER The meeting was called to order by Chairman Rhone at 2:00 p.m. The new alternate, Mr. Jim Chase, was introduced to the Commission. Mr. Chase and Mr. Sons were seated in audience for the remainder of the meeting. A moment of silence was observed for the victims of the terrorist attack, their families, and the emergency workers. 11. PUBLIC COMMENTS No one from the audience wished to address the Commission. Ill. APPROVAL OF MINUTES Mr. Berg made a motion to accept the minutes of the August 8, 2001 meeting. PLANNING & ZONING COMMISSION SEPTEMBER 12,2001 • PAGE 1 IV. CONSENT AGENDA Chairman Rhone abstained from discussion and voting on the Consent Agenda. Mr. Berg acted as Vice Chairman. Public Hearing on Preliminary Plats The Planning & Zoning commission recommended approval of the following pla subject to the Standard Conditions of Approval for Final Plats and Replats and a specific conditions listed below: I 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. Trophy Park Preliminary Plat (Sept.'01) — moved to the Regular Agenda Public Hearing on Final Plats Provide utility and drainage easements as required by utility companies and the. Director of Public Works. Submit water and sewer plans; street; sidewalk; and drainage plans to t Director of Public Works and water plans to the Fire Marshall. Drainage pla must be complete enough to include impact on surrounding property and I Director of Traffic and Transportationif underground electric utilities are toprovided L i)elow: PLANNING & ZONING COMMISSION SEPTEMBER 12,2001 * PAGE 1. C. E. Davis Addition, Block 1, Lots I & 2 (replat] (Sept.'01) a. Provide utility slips. b. Show place of beginning. c. Dedicate five (5) feet of right-of-way along Fairfax. d. Lots are served by water and sewer. (PUBLIC WORKS) e. Comply with stormwater detention ordinance requirements. (PUBLIC WORKS) 2. Bluebonneft Park Addition, Section Four, Lots 15-24, Block 1 (September 01) a. Provide utility slips. b. Provide surveyor's seal. c. Field note calls number 2 & 6 do not match survey. d. Show lot number of adjacent lots and label (platted). e. Add five (5) feet dedicated utility easement along south line of Lot 9, Block 3 and north line of Lot 8, Block 3. (TXU Electric) f. Extend sewer to serve all lots. (PUBLIC WORKS) g. Extend water to serve all lots. (PUBLIC WORKS) h. Comply with stormwater detention ordinance requirements. (PUBLIC WORKS) i. Construct internal streets in accordance with City standards. (PUBLIC WORKS) 3. Trophy Park, Section One, Block I Lots 1-5 and Block 2, Lots 1-5 (Sept.'01) — moved to the Regular Agenda 4. W. E. Wilson's Acre Block Addition, Block 8-A, Lots 3— 4, & 5 [replat] (Sept.'01) a. Provide utility slips. b. Place floodplain statement on plat, show any floodplain if existing. 5. Belair Addition, Unit Nine, Section One, (Sept.'01) a. Provide utility slips. b. Provide surveyor's seal. c. Extend water to serve lots. (PUBLIC WORKS) d. Lots are served by sewer. (PUBLIC WORKS) e. Comply with storm water detention ordinance requirements. (PUBLIC WORKS) f. Construct street in accordance with City standards. (PUBLIC WORKS) g. Additional easements will be needed. ( lectric) Mr. Seese stated that the preliminary plat for Trophy Park and the final plat, Troplz Park, Section • Block 1, Lots 1-5 and • 2, Lots 1-5 should •- moved to t Regular Agenda for •• discussion. I PLANNING & ZONING COMMISSION SEPTEMBER 12, 2001 • PAGE 3 Mr. Richardson made a motion to approve the Consent Agenda. Mr. Bradber seconded the motion. The • was • (8) • • (0) in favor • approval. I VI. REGULAR AGENDA 1. Trophy Park (Sept. '01) a. Extend sewer to serve Lots 1®, Block 2. (PUBLIC WORKS) b. Lots 1-5, Block 1 are served by sewer. (PUBLIC WORKS) c. Extend water to serve lots. (PUBLIC WORKS) d. Comply with stormwater detention ordinance requirements. (PUBLIC WORKS) e. Construct street in accordance with City standards. (PUBLIC WORKS) f. Comply with curb and gutter requirements along Gregg Road. (PUBLIC WORKS) g. Additional easements will be need on final plat. (TXU Electric) h. Show ten (10) foot building limit line. (TXU Electric) i. Show side lot lines or increase front setback to 25 feet. j. If rear access is intended, all must exit out Oakmont Drive. k. Coordinate with WCID #2 (Jimmy Banks, 767-6721) concerning relocation of irrigation canal. 1. Provide utility slips. m. Show City limits line. n. These lots are reduced front setback lots with 1-foot front building limit lines. Section 4240 allows a reduced front setback only if: "the entire block on both sides of the street between intersecting streets is platted at one time." Other provisions allow that: sidewalk is constructed abutting the curb and has at least 4 feet of width, all utilities in the font yard or the street right-of-way are placed underground, and no vehicular street access or curb cut is permitted. o. This plat is not in conformance with section 4240 (see comment (i) for possible alternative. p. No side building limit lines are shown. Minimum lot width for non -zero lot line subdivisions is 50 feet. Recommendation: 1. Due to need for emergency services, utility costs, and solid waste collection, suggest that the owner apply to the City for annexation. Mr. Seese stated that item #k. should be changed from WCID #2 to WCWID #2 and the beginning reworded to read "Coordinate and approval by WCWID...". He also stated that the final plat for Trophy Park has been withdrawn by the applicant. PLANNING & ZONING COMMISSION SEPTEMBER 12,2001 • PAGE 4 A motion to .•• this • was made and seconded. The vote was eight (8) in favor and none (0) opposed. Mr. Berg turned the meeting over to Chairman Rhone. 2. Rezone from SF-2 to GC 4003 Gossett Case R 01-09 •r ............. ........................... William H. Clement Requested Action ............................ Rezoning from Single Family-2 to General Commercial Purpose .......... ................................ Commercial Development Property ............... ........... _.._ ....... 4003 Gossett, • 1, Block 13 White Acres •• Existing Land Use .......................... Residence Surrounding Land Uses & Zoning N: Warehousing, Auto Parts, GC E: Shopping Center, GC S: Residential, SF-2 W: Residential, Bookstore, LC Analysis: This property is the second lot from the southeast corner of Gossett and Call Field 16 11 Road. The property owner requests that this lot be rezoned from Single Family Residential to General Commercial. The corner lot, also owned by the applicant, is already zoned General Commercial and is vacant except for a nonconforming billboard. Because the first lot is only 50 feet wide, and it is next to residential zoning, building setbacks make it impossible to construct a building on it. By rezoning the second lot, the two lots could be replatted into one and a building could be built. Without the rezoning, the lot on the corner actually has a less than zero building area. The setback from Call Field is 25 feet to the north, while the setback on the south is 30 feet because of the adjacent residential zoning. Therefore, the setbacks exceed the width of the lot. a. Changed conditions: Staff analyzed the rezoning to identify conditions that have changed in the district or might have changed outside the district that directly or indirectly affect land use adjacency. With the development along Lawrence Road, the traffic volumes have increased along Call Field Road. The owner previously purchased the corner lot and plans to combine this second lot with the first. This will allow him to develop the property for commercial use. 4i. Relationship to the Comprehensive Plan: StaiY considered the effects • the • uses allowed •- that proposed zoning • relative to • with the City's Comprehensive Plan. The Plan currently PLANNING & ZONING COMMISSION SEPTEMBER 12,2001 • PAGES designates the both of the lots at the corner of Gossett and Call Field as 4W Low Density Residential. The existing GC zoning on the corner lot does not conform to the land use plan. If the second lot were rezoned, an amendment to the Land Use Plan would be required. C. The nature and degree of impact upon neighboring lands: The Property across the street to the west is zoned limited commercial. With the buffering requirements fora privacy fence and additional setbacks, this development should be compatible with the adjacent residential development. Once rezoned to General Commercial, the property may be used for any of the permitted uses in the General Commercial district. Recommendation: Staff recommends approval of this rezoning. This action will also require amendment to the land use plan. I Mr. Berg made a motion to recommend approval of this rezoning request to Ci Council. Mr. Nelson seconded the motion. I Mr. Seese stated the lot was not buildable as a single commercial lot because of the setback requirements. If this zoning change is passed, the lot will be replatted with the adjoining plat. Eighteen surrounding property owners were notified of this request. Five (5) or 12.5% replied in favor and three (3) or 7.3% were opposed. Mr. Randy Clement, representative for the applicant which is his father, stated that he owns the lot on the corner, Lot 1 to the south, and Lot 2. He plans to combine the lots and will probably use it for a commercial business. The vote was nine (9) in favor and none (0) opposed to the recommendation. 3. Approval of 1,520 Square Foot Office in Limited Office District 4400 Carlyle Court Case C 01-39 Applicant., .............. ............... Bobby Brown Requested Action ............ ........ ... Conditional Use Approval Property ........................................ 4400 Carlyle Court, Lot 38, Block 34, Fountain Park Existing Land Use ......................... Vacant Surrounding Land Uses & Zoning N: Residential, SF-1 E: Vacant, SF-1 PLANNING & ZONING COMMISSION SEPTEMBER 12,2001 0 PAGE Analysis: The applicant requests approval of this 1520 square foot office to be constructed on the corner of Wendover and Carlyle Court. In his letter to the Planning Division, the applicant stated that the structure will be a single occupant office building to be used as a financial and insurance services office. He says that the structure will be single story and will be built similar to a single-family residence with the same look and roofline. The property is one of four vacant lots along Carlyle Court that were rezoned from Single Family-1 to Limited Office in March 1998. North of the site is a residential neighborhood with houses facing Mallory Lane. In the Limited Office district any proposed offices over 1200 square feet require conditional use approval. Zoning Requirements: The following items are required for conformance to the Limited Office District regulations. The sign regulations for the Limited Office district state that any ground signs will be limited to maximum area 30 sq. ft., maximum height 3 feet, maximum number of signs: one (1) per lot. 1. An on -premise wall sign shall be permitted as follows: maximum area 30 square feet, maximum I per business. 2. The maximum building height is 25 feet. 3. A six-foot tall wood or masonry fence will be required along the residential boundary as well as a 30-foot setback from residential lots as required by Section 4240. 4. Hours of operation shall be no earlier than 6:00 a.m. and no later than 11:00 p.m. 5. Lighting. All outdoor lighting is limited to a maximum of 12 foot in height and must be directed away from residential area. 6. All landscaping areas shall be irrigated. Show the size and type of all proposed landscaping. Recommendation: Staff recommends approval of this conditional use with this condition: in order to ensu compatibility with the neighboring singe -family residences, staff shall approve t proposed building elevations. I Fourteen surrounding property owners were notified of this request. Five (5) or 35.72% were in favor and none (0) were opposed. Mr. • .•- a motion to approve this conditional use request. Mr. '• seconded the motion., tg;VF I• I - PLANNING & ZONING COMMISSION SEPTEMBER 12,2001 • PAGE VII. OTHER BUSINESS I. Zoning Ordinance Amendment Regulation of Coin Operated Amusement Machines Mr. Seese stated that since this ordinance was originally passed several months ago, there has been some pre-emption by State law regarding these machines. For example, if a convenience store were to have some coin operated amusement machines located inside, it would still be classified as a convenience store; the coin operated amusement machines would not change the original use of the business. The previous ordinance considered the location of these machines in proximity to residential areas but this cannot be regulated according to Texas State law. Mr. Nelson suggested that the terms for the machines be consistent throughout the ordinance. He presented Mr. Seese with his updates. There was discussion regarding the placement of machines in relation to schools. Mr. Seese stated that the measurement is from the coin operated machine, not from the building it's located in, to the school. Mr. Nelson inquired about existing establishments. Mr. Seese replied that they woull-ij be grandfathered, or considered as non -conforming uses. Mr. Berg made a motion to recommend approval of this ordinance change to City Council. Mr. Rowland seconded the motion. The Commission voted unanimously to approve this change. 2. City Council Update Mr. Clark stated that all is current. The weather shade amendment will be presented at the next meeting. 3. Staff Discussion Items Mr. Seese stated that updated Zoning Ordinances are now available for the Commission members. VII. ADJOURN The meeting was adjourned at 2:21 p.m. i 09 Me i 211 me Is W1, i P. 11, i Date PLANNING & ZONING COMMISSION SEPTEMBER 12,2001 • PAGE 8 ATTEST: 4)/,/ Steve Sse, City Plea ' Administrator to PLANNING & ZONING COMMISSION SEPTEMBER 12, 2001 • PAGE 9