Planning and Zoning Commission Minutes - 10/10/20010
91
MINUTES
PLANNING & ZONING COMMISSION
Is= T—IM [1)FT1111
PRESENT:
David Rhone, Chairman
• Members
Cliff Berg
•
Ken Birck
•
L. 0. Nelson
•
Susan Wood Reeves
•
Rusty Sons
•
J. C. Bradberry
* Alternate #1
Jim Chase
* Alternate #2
Johnny Burns, Councilor * Liaison
Steve Seese, City Planning Administrator • staff
Marty Odom, Planner I •
ABSENT:
Lin Purtle • Members
Danny Richardson •
Bill Rowland •
I. CALL TO ORDER
The meeting was called to order by Chairman Rhone at 2:00 p.m.
Ill. PUBLIC COMMENTS
No one from the audience wished to address the Commission.
111. APPROVAL OF MINUTES
The minutes for the September 12, 2001 meeting were approved as submitted.
IV. CONSENT AGENDA
Chairman Rhone abstained from discussion and voting on the Consent Agenda while
Mr. Berg lead the meeting as Vice Chairman.
. . ........
PLANNING & ZONING COMMISSION
OCTOBER 10, 2001 * PAGE 1
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 Fi
Marshall; and street, sidewalk and drainage plans to the Director of Publ
Works. Drainage plans must be complete enough to include impact o
surrounding property and include detention facilities as required by Director
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. David A. Kimbell, Jr. Property (The Pillars) preliminary plat (Oct.'01)
* = These are the conditions approved on Feb. 2000:
*a. Extend water and sewer to all lots (PW)
*b. Construct street in accordance with City standards. (PW)
*c. Provide stormwater detention (PW)
*d., Provide additional easements as required by TXU. (TXU)
*e. Note transition in curb line when designing street intersection (TRAFFIC)
0 1 - 0 - 0 . 0 W P 0 ,
Note:This plat was previously submitted and approved in Feb. 2000, as the "David A.
Kimbell, Jr. Property" preliminary plat. It is being resubmitted as it has been
over a year since approval, The final plat has been renamed "The Pillars
Addition."
T-Bird Addition, preliminary plat (Oct.'01)
The property owner previously received a variance on this property. Seethefinal
plat note for more details.
2. A letter was sent offering permission to install median with certain condition
Have not received response. (PARKS) i
PLANNING & ZONING COMMISSION
OCTOBER 10, 2001 * PAGE 2
b. Extend water and sewer to all unserved lots. ((P1BLIC'TVORKS)
c. Construct internal street in accordance with City standards. (PUBLIC
WORKS)
d. Comply with provision of stormwater detention ordinance. (PUBLIC WORK
e. There shall be "No Parking" installed along cul-de-sac. (TRAFFIC)
f. Additional easements will be needed prior to approval of final plat. (TXU
ELECTRIC) I
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 the
Director of Public Works and water plans to the Fire Marshall. 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 and provide utility easements as required by the
Director of Traffic and Transportation, if underground electric utilities are to be
provided.
Recommend approval subject to standard conditions and any specific conditions listed
Ifielow:
I The Pillars Addition (Oct. '01)
a. Place a note on the plat stating that the 15-foot setback is per Ordinance 16-
2000, approved May 7, 2000.
b. Provide name for cul-de-sac.
c. Note transition in curb line when designing street intersection. (TRAFFIC)
d. Provide utility slips.
e. Label new street "herein dedicated."
f. Extend water and sewer to all lots. (PUBLIC WORKS)
g. Construct street in accordance with City standards. (PUBLIC WORKS)
h. Comply with current stormwater detention ordinance. (PUBLIC WORKS)
iConstruct all drainage improvements in compliance with stormwater facilities
design criteria. (PUBLIC WORKS)
j. Additional easement will be needed prior to approval of final plat.
k. Transformer setback easements need to be dedicated as TXU easements.
(TXU ELECTRIC)
1. Will require a 20 foot minimum building setback on east side of new street
right-of-way to allow for N.E.S.C. requirements from building structure to
energized equipment (15 foot minimum from windows, doors, or wall with
less than two hours fire rating). (TXU ELECTRIC)
Note: This plat was previously submitted and approved as the "David A. Kimbell, Jr.
Property" preliminary plat. On May 7, 2000, the City Council approved tw4,,
PLANNING & ZONING COMMISSION
OCTOBER 10, 2001 * PAGE 3
waivers for this property: (1) allowing a 15-foot setback and (2) allowing a fence
in the front setback along Weeks Street. The fence has since been constructed.
2. Ranch Estates, • 2, Lot I -C [replat](Oct. '01)
a. •' utility slips.
b. Lot is served by water. (PUBLIC WORKS)
c. Comply with requirements for curb and gutter. (PUBLIC WORKS)
• • must be served • an approved sewerage system. (PUBLIC •
e. The Health Department will need to review this subdivision (or any property
divided after Jan. 1, 1988) that will use an • (on -site sewer facility). A
professional engineer or professional sanitarian shall prepare the required
evaluation materials. Contact Susan Morris, Health Department, for more
information concerning this review. (HEALTH)
3. T-Bird Addition, Lots 2-6, Block 1 (Oct.'01)
a. Provide name for cul-de-sac.
• Provide utility slips.
c. Place note • • stating that the •! ft. •- radius for a commercial
street was approved by the Board of Adjustment, July 18, 2001
d. Extend water and sewer to serve all lots. (PUBLIC WORKS)
e. Construct street in accordance with City standards. (PUBLIC WORKS)
f. Comply with requirements of stormwater detention ordinance. (PUBLIC
••
g. Construct drainage improvements in accordance with stormwater facilities
design criteria. (PUBLIC WORKS)
h. Additional easements will be needed prior to approval of final plat. (TXU
ELECTRIC)
Note:This project received a variance to allow a 60-foot radius cul-de-sac instead of
the required 100-foot radius for a commercial street. During the review of that
request it was noted that: (1) driveway openings and curbs shall not encroach in
front • .• properties; and (2) the cul-de-sac will •- posted with "No
Parking" signs to ensure that fire apparatus can negotiate the turns during an
•- response.
4. Trophy Park Section • Block 1, Lots 1-15 and • 2, Lots 1-14 (Oc
01)
a. Provide utility slips.
b. A portion of this plat is located outside of the city limits. Provide signatu
block for county judge.
c. Change 20 ft. access easement notes to read "private access pavemen
I
rather than "alley."
d. Label -i• Road "previously dedicated" if no additional dedications a
being made. I
PLANNING & ZONING COMMISSION
OCTOBER 10, 2101 # PAGE 4
e. Show place for volume and page for turn -around easement. Fill in formati
before filing plat. Do the same for the off -site detention, drainage & utili
easement.
fExtend water and sewer to serve all lots. (PUBLIC WORKS)
g. Construct street in accordance with City standards. (PUBLIC WORKS)
h. Comply with requirements of stormwater detention ordinance. (PUBL - I
WORKS)
i. Additional easements will be needed prior to approval of final plat. (TX
ELECTRIC)
j. "This plat is ok as is, but ditch will be relocated and put underground befo
any other plats are approved." (WCWID #2) )1
I a I Lei 1 Lei I M I I IZIMS] 16 , i;4114V - me . I . , 0 0 0 - 0 1 1411VIK111rU11111 0 0
V. REGULAR AGENDA
1® Rezone from SF-2 to Ll
506, 508, and 510 Virginia Lane
Case R 01-10
Applicant ........... ................... _ ........ Jody R. Wade
Requested Action ......................... Rezoning from Single Family-2 to Light Industrial
Purpose ........ - ............................ _ ...Auto Storage
Property ...... .................. .......... 506, 508 8, 510 Virginia Street, also being Lots 12, 13,
& 14, Block 32, Barwise and Jalonick Addition
Existing Land Use ......................... Residence used for storage and vacant land.,
Surrounding Land Uses & Zoning Na Residence, SF-2
E: Holland School, Residences, SF-2
S: Auto Repair, Ll
W: Bingo, Parking, LI
Analysis:
The property consists of three lots on the west side of Virginia Street. The applicant
requests a zoning change from Single Family to Light Industrial. He owns two of the
lots and is in the process of purchasing a third from the City, A fence will be
constructed around the property and it will be used to store vehicles collected by the
applicant's wrecker business.
2. 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. An Aerial photograph
taken at the time zoning was enacted shows that a house at 508 Virginia
had been removed. The property at 506 was vacant at the time of zoning.
PLANNING & ZONING COMMISSION
OCTOBER 10, 2001 ® PAGE 5
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 City's Comprehensive Plan. The Plan currently
designates the lots as Low Density Residential. This request is not in
conformance with the Land Use Plan and an amendment to the Plan will
be required.
C. The nature and degree of impact upon neighboring lands: This property is
adjacent to Single Family zoning with residences and Holland School to
the east. This is an unfortunate situation where light industrial uses are,
and will be, adjacent to single-family homes. Representatives from the
Holland School expressed concerns to staff that if outdoor loudspeakers
were used to communicate with employees, it might disturb the students in
the school. Another concern was that if access were taken from Virginia,
traffic congestion would result. An adjacent neighbor told staff that the
proposed metal fence was unsightly and blocked air circulation,
Neighbors also expressed concerns about the impact of more fencing on
their residences.
*nce rezoned to Light Industrial, the property may be used for any of the permitted
uses in the LI district.
Recommendation:
Adjacent neighbors have approached staff with concerns regarding the compatibility of
this rezoning with their residences. The need to expand this LI zoning must be weighed
against its possible adverse impacts. If approved, this request will also require an
amendment to the land use plan. Due to neighborhood concerns, and possible adverse
impacts, staff recommends the following,
1 . Rezone to General Commercial instead of LI, where outdoor storage is a
conditional use.
2. If GC zoning is approved, staff recommends that this proposal be considered for
Conditional Use approval with the following conditions:
a. No outdoor loudspeakers allowed.
b. All fighting to be directed away from residences and public streets.
c. No vehicles access to or from Virginia.
d. Replace the curb where missing on Virginia.
e. Provide landscaping and irrigation along Virginia.
f. Provide hard -surfaced paving for the lot.
g. Comply with storm water detention as required.
h. Fence shall be of new materials and replaced when damaged.
i. Remove the existing vacant house.
Mr. Berg made a motion to recommend approval of this rezoning case to City Council.
Mr, Birck seconded the motion.
FILANNING & ZONING COMMISSION
OCTOBER 10, 2001 * PAGE 6
Thirteen surrounding property owners were notified of this request. One (1) replied in
favor and two 2) were oppose .
Mr. Jody Wade, applicant, stated that he had cleared the property as well as the allom
from debris and overgrown trees. He commented that the house is in good conditi
with an excellent roof and new siding. His employees have suggested using the hou
for intra-company day care. He reviewed the conditions of approval and agreed
comply, with the exception of the irrigation portion of the landscaping ordinance ,•
The
was discussion of driveway materials which resulted in Mr. Seese quoting from th
A
Zoning Ordinance, Section 6200 that paving materials must be HMAC or concrete. M
Wade stated that the present fence is solid tin and, for privacy and security reasons, 1h
would prefer to use it. Regarding the paving, he suggested an alternative drivew
f )
surfacing o material that culd be used since it was behind a solid fence and hidden ro
public viewing. He asked that the Commission waive these items.
Mr. Berg asked for a review of the items to be waived. They were waiving the
demolition of the house; waiving hard surfacing paving, waiving the use of same type of
wood for the fence around the property, and waiving the irrigation system for the
landscaping.
Mr. Seese stated that solid tin fencing would be permitted. He also agreed to an onsi4m-
daycare for employees' children in the vacant house. Mr. Seese stated that t
procedure for waiving the paving materials and waiving the irrigation would be
decision of either the Zoning Board of Adjustment or a waiver from City Council.
Mr. Nelson commented that he felt there was no need for massive landscaping
irrigation on Virginia Street. He agreed that hard surface paving was not necessary
this case. The existing fence needed some repair but he was not opposed to i
expansion. Mr. Wade commented that the solid tin fence is to be used for securi
purposes. Mr. Sons, Ms. Reeves, and Mr. Bradberry expressed approval of th
I
rezoning. Mr. Berg commented that gravel paving would be more appropriate sin
there is hard pavement at the front of the building on Scott Street which would det
gravel being thrown onto streets.
An amended motion was made to recommend approval to City Council with the remova
of Recommendation #7. Remove Existing Vacant House. It was seconded and pass-"'
with a unanimous vote in favor. I
PLANNING & ZONI G COMMISSION
OCTOBER 10, 2001 * PAGE 7
cV 2. Retail Sales in LC
2601 Ninth Street
Case C 01-40
Requested Action. ............... Conditional Use Permit
Purpose .......................................... Retail Sales
Zoning ............... ................ ......... Limited Commercial
Existing Land Use ........................ Retail Sales
Surrounding Land Use & Zoning. N: 9th St. Ins. Office, Residence, LC
S: English Pharmacy, GC
E: Kemp Blvd., Auto Detailing, LC
W: Vacant Land, Residences, SF-2
Analysis:
This location was last used as an insurance office in 1999. Prior tothat, it was a travel
agency. The applicant leased the property from the owner around March 2001. The
applicant converted the building into a residence and opened up 586 square feet of the
first floor to retail sales of clothes and DJ is equipment. Retail sales require a
conditional use permit in Limited Commercial. The name of the store is Hullabaloo.
This is a small retail operation and the traffic generation is probably similar or less
intense than the previous business.
Developmental Requirements:
This site currently meets the parking requirement for the retail and residential uses.
However, any expansion of the retail sales will require a re-evaluation of parking
requirements.
Recommendation:
Given the low volume of traffic generated by this use staff feels that it is compatible with
other uses in the area and recommends approval of this request.
Recommended Conditions:
Staff has a concern about the aesthetics of the sign placed on the roof above the porch
that faces Kemp St. Staff recommends removal of the sign or a design that is morc
compatible with the surrounding area.
Eighteen surrounding property owners were notified of this request. Two (2) were in
favor and none (0) were opposed.
The applicant, Samantha Harris, stated the business receives approximately fivm
customers a day. The store targets the young people by selling urban wear and urb
music. al
Chairman Rhone asked if there were structural problems regarding this sign to whic
Mr. Seese explained there were none. He then stated that several categories were
concern- roof mounting, irregularity of the sign; safety issues. Ms. Reeves indicate
... . ...... —
PILANNIWG -&ZOgl . N . G COMMISSION
OCTOBER 10, 2001 * PAGE 8
approval of the sign. Mr. Seese stated that the issue was compatibility with signs in the
general vicinity, travel agents, insurance offices, attorneys, etc.
Mr. Burns indicated that the sign's appearance was a valid point; however, he felt its
appearance was not critical regarding the conditional use approval.
3. Auto Repair in GC(c)
2808 Kell Blvd.
Case 0 1 -41
Requested Action ......... __ ............. Conditional Use Approval
Purpose .......................................... 2,400 sq. ft. Auto Repair Building in GC (C)
Property .......................................... 2808 Kell Blvd., Lot 17A, Block 6, West Side Addition
Existing Land Use..., ..... ................. . Residence
Surrounding Land Uses & Zoning Na Residences, Vacant, SF-2
E: Auto Repair, GC (C)
S: Kell, LC
W: Upholstery, GC (C)
Analysis:
The applicant requests approval to construct a 2400 square foot auto repair facility
2808 Kell Blvd. He owns two adjacent auto body repair facilities. All of the lots in th
block that faced Kell were rezoned from Limited Commercial to GC(C) in Septemb
1997. Auto repair is a conditional use in this conditioned zone. To the north of this str
is residential development with SF-2 zoning. I
Zoning Requirements
district regulations.
1. A six-foot tall wood or masonry privacy fence will be required along the rear of
the property. The applicant's site plan shows a metal fence.
2. Twelve parking spaces are required for this use. The applicant's site plan shows
six spaces outside of the building, plus four bays for a total 11 spaces. The
applicant states that there is room to park two additional vehicles in front of the
door for twelve spaces.
3. All landscaping areas shall be irrigated. Show the size and type of all proposed
landscaping.
Recommendation:
Staff recommends approval of this conditional usl
. .. . . .......
PLANNING & ZONING COMMISSION
OCTOBER 10, 2001 * PAGE 9
Mr. Bradberry made a motion to approve this conditional use request. Mr., Chase
seconded the motion.
Sixteen surrounding property owners were notified of this request. Two (2) replied in
• and • (0) were opposed.
Mr. Lynn Tucker, applicant stated he would comply with the regulations.
4. Retail in LC
1707 Grace Street
Case C 01 -42
Applicant.......... _ ........................... Jim Cheatheam
Requested Action ........................ Conditional Use Approval
Purpose ... ............. ................ .......... To establish a satellite business and office
Property ........................................... The North 80 feet of Lot 11, Block 5, Spivey Addition
Existing Land Use .................... Commercial Building
Surrounding Land Uses & Zoning N: Residences, LC
E: Residences, SF-2
S: Residences, LC
W: Vacant, LC
Analysis' ,
The applicant requests approval to establish a satellite sales and office business at th
location. This location was approved in 1992 as a clothing retail shop. However, th
I
use was discontinued and the building has been vacant over two years. Therefore t
non -conforming status of the parking paving and landscaping has expired. I
Zoning Requirements:
The following items are required for conformance to the Limited Commercial district
regulations.
1 . The site plan shows two trees, one existing and one proposed. The existing
tree is large, 24 inches in diameter; it is 36 feet from the front property line. All
new landscaping areas shall be irrigated. Show the size and type of al',
proposed landscaping
-• Commercial, hours • operation shall •- no earlier than 6:00 a.m.
• no later than 11:00 •
3. All parking lot surfaces must be paved. Existing curb cuts may remain.
4. Staff has drawn a revised plan showing a possible parking layout.
Recommendation:
PLANNING & ZONING COMPAISS10ii ...........................
OCTOBER 10, 2001 • PAGE 10
Mr. Sons made a motion to approve this permit. Mr. Berg seconded the motion.
Eighteen surrounding property owners were notified of this request. None (0) were in
favor and one (1) was opposed.
Mr. Jim Cheateam, applicant, stated that he had considered straight -in parking until
discovered backing onto a street was not permitted. Mr. Seese commented that th
site has enough room to back out of the parking space then exit in forward motion on
the street. 11
1111M I, I R I, M I I V 111F I; � I I � I I
5. Carport
4317 Featherston
Case C 01-43
Mr. Berg made a motion to approve this carport request. Ms. Reeves seconded thl
ittotion.
Twenty-seven surrounding property owners were notified of this request. Four (4)
replied in favor and none (0) were opposed.
ifMINT, �00 �,4=1511111111
6. Carport
2018 Allen Road
Case C 01-44
Mr. Bradberry made a motion to approve this carport request. Mr. Nelson seconded the
motion.
Thirteen surrounding property owners were notified of this request. Eight (8) replied in
favor and none (0) were opposed.
I
The vote was unanimous in favor of approving this carport request.,
PLANNING & ZONING COMMISSION
OCTOBER 10,2001 * PAGE 11
7. Retail Sales in LC
ck 2204 Kemp
C 01-45
Applicant .......... ............. ....... Angela Smith
Requested Action... .................. .... , Conditional Use Permit
Purpose ........................................ ....... Retail Sales
Zoning .............................................. Limited Commercial
Existing Land Use..... ................. ... Retail Sales
Surrounding Land Use & Zoning. N: Tattoo Parlor, LC
S: Residence, LC
E: Kemp Blvd., Ember Shop, Residences, LC
W: Residences, SF-2
Analysis. -
This location was originally a house and was used as a child day care facility sin
around 1984. The present owner leased the property to the applicant in March of 200
3
The applicant is operating a low volume retail shop selling small gift items and g
baskets. The name of the shop is Baskets Unique. Retail sales require a condition
tj
use permit within Limited Commercial. The owner states that she was unaware of t
requirement for a conditional use permit. The owner was informed of this requireme
when she inquired about a curb -cut permit to widen the driveway to 24 feet.
Developmental Requirements:
Retail sales require a parking rate of one space per 200 sq., ft. of the building., This
building is 1,263 sq. ft. and requires a minimum of six spaces. Currently there are twt
spaces in the front. Four additional spaces shall be provided to the rear and must hav4
an approved hard surface (concrete or asphalt).
Consult with Building Inspections for any building modifications that may be required
this type of use conversion.
Recommendation:
Given the low volume of traffic generated by this use, staff feels that it is compatible with
other uses in the area and recommends approval of this request.
.Ar. Sons made a motion to approve this conditional use. Mr. Bradberry seconded the
motion.
Twenty-three surrounding property owners were notified of this request. Two (2) replie,*
in favor and none (0) were opposed.
Ms. Angela Smith, applicant, stated that the surface in front of the building is har,4
surface and there is additional space in the rear which could be graveled for parking.
Mr., Seese suggested the Planning staff coordinate with the applicant regarding th(_X�
WON; parking situation.
PLANNING & ZONING COMMISSION
OCTOBER 10, 2001 * PAGE 12
0
The conditional use permit was granted by a unanimous vote in favor.
VI. OTHER BUSINESS
1. City Council Update
Weather Shades
Recreational Vehicle Park
Coin Operated Amusement Machines
Rezoning of 4003 Gossett to General Commercial
Mr. Seese stated that the action relating to the weather shades, the RV park, and the
amusement machines were approved by City Council. The rezoning on Gossett was
denied because Council felt General Commercial was too extreme for that area and
suggested Limited Commercial. Mr. Seese stated this case would be presented to
Council in November.
2. Staff/Commission Discussion
Mr. Seese mentioned this Commission needs to .••• a P&Z member who will also
;iarticipate as a member of the Landmark Commission. He asked for applications to be
submitted. Mr. Birck volunteered to represent P&Z on the Landmark Commission.
VII. ADJOURN
FEET
Date
Steve Seese, City Planning Administrator Date
PLANNING & ZONING COMMISSION
OCTOBER 10, 2001 • PAGE 13