Planning and Zoning Commission Minutes - 05/09/2012RECEIVED IN
MINUTES CITY CLEPK'Sp FIGS.
DATE:
PLANNING & ZONING COMMISSION BY: _ IME:
May 9, 2012
PRESENT:
L. O. Nelson, Chairman
Jeff Browning
Warren Gardner
John Harmon
John Kidwell
Karla Miller
Deborah Morrow
Vicky Payne
R. C. Taylor
Mary Ward
Miles Risley, City Attorney
Kinley Hegglund, Senior Assist. City Attorney
Kevin Hugman, Asst. City Manager
Marty Odom, Planner
Diane Parker
ABSENT:
Stephen Anderson
David Schmid
I. CALL TO ORDER
♦ Members
♦ Alternate #1
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•
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• Council Liaison
♦ Legal Depart.
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♦ City Staff
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• Alternate #2
♦ Member
The meeting was called to order by Chairman Nelson at 2:00 p.m. Chairman Nelson 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.
P & Z COMMISSION PAGE 2
MAY 9, 2012
d. Please silence all cell phone ringers during the meeting. If it is necessary for you to
have a cell phone conversation during the meeting, please step into the hallway outside this
room.
II. PUBLIC COMMENTS
No one from the audience wished to address the Commission.
III. APPROVAL OF MINUTES
Mr. Taylor made a motion to approve the minutes of the April 11, 2012 meeting; Mr. Gardner
seconded the motion. The minutes were approved with a unanimous vote.
IV. CONSENT AGENDA
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:
Standard Conditions of Approval for Final Plats
Provide utility and drainage easements as required by utility companies and 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 & Transportation.
Note: Approval of a plat does not imply approval of development of property in violation
of the Zoning Ordinance.
REGULAR PLAT:
Lake Wellington Estates, Phase Nine, Lots 43 -49, Block 21 (May 2012)
1. Provide utility slips. (Planning)
2. Revise preliminary plat in order for lots to be assigned a proper street address.
(Planning)
3. Show right -of -way width of Buckingham Drive. (Planning)
4. Remove term "ROW" on railroad property. (Planning)
5. Add "Herein Dedicated" to 25 ft. easement. (Planning)
6. Provide temporary turnaround at south end of Buckingham or remove lot 49 from
plat. (Engr)
7. Water services will need to connect to 8" water line on west side of Buckingham.
(Engr)
8. Additional easements are required — Biggs & Mathews has been contacted. (Oncor)
9. All access points to State roadways shall be approved by TxDOT
P & Z COMMISSION PAGE 3 MAY 9, 2012
CARPORTS:
1. Case C 12 -14
Carport in the front setback
4631 North Shore
Mr. Rick Neas requested conditional use approval to construct a carport in the front setback of
his residence on North Shore. There were two (2) properties within 200 ft. of his residence with
carports in the front setback.
Twenty -six (26) surrounding property owners were notified of this request. Four (4) or 15.38%
replied in favor and none (0) were opposed.
2. Case C 12 -15
Carport in the front setback
1612 Sunnyside
Mr. Julio Valdez requested conditional use approval for a carport to be placed within the front
setback at his residence on Sunnyside. There are three (3) properties within 200 ft. of his
residence with carports in the front setback.
Twenty -six (26) surrounding property owners were notified of this request. Four (4) or 15.38%
replied in favor and none (0) were opposed.
Mr. Taylor made a motion to approve the Consent Agenda; Ms. Miller seconded. The motion
carried. Chairman Nelson announced the carports to be located on North Shore and Sunnyside
were approved.
V. REGULAR AGENDA
1. Case C 12 -16
Conditional use approval for outdoor storage in General Commercial (GC) zoning
3101 Armory Road
Mr. Jody Wade requested conditional approval for outdoor storage within a General
Commercial zoning district at 3101 Armory Road. He owns and operates a wrecker service
currently located at 1200 Scott Street. Mr. Wade is opening a second facility similar to the one
on Scott. This site was previously the WFISD Bonham Elementary School until its closure in
2008.
Mr. Wade proposes to use some of the open space for outdoor storage of wrecked /impounded
vehicles. Hours of operation will be 24 hours a day, seven days per week. Mr. Wade indicated
the existing building would be used for evidence storage and classes for the County Sheriff and
District Attorney's Offices. He noted the six -foot privacy fence will be installed around the
storage area's perimeter.
Mr. Odom stated a positive effect for this request is this vacant building sitting could attract
vandals and vagrants. Occupying the building could alleviate this situation. He commented a
negative consequence could be noise nuisances and a 24/7 operation might be offensive to the
neighborhoods to the north and west.
P & Z COMMISSION PAGE 4 MAY 9, 2012
Mr. Odom further stated staff recommended a privacy fence be placed around the outdoor
storage perimeter as a condition of approval even though the applicant indicated a fence would
be installed.
Twenty -six (26) surrounding property owners were notified of this request. None (0) responded
in favor; one (1) or 3.85% replied opposed; and, three (3) or 11.54% responded as
undecided /other.
Mr. Wade, 1200 Scott, stated he was prepared to answer all questions from the Commission
and citizens present. He noted he was unaware of the newly installed, exterior building lights
creating a problem until visiting with a neighbor attending this meeting. Mr. Wade told the
Commission he would resolve this problem and continue working with all the neighbors.
Mr. Wade reported the screen at the Lamar location became a problem, especially from the
high winds. He assured the Commission a metal privacy fence would be constructed [at the
new location] from metal with pipe fencing and should not require maintenance. The property
will be landscaped and aesthetically pleasing for the neighborhood.
Mr. Wade noted the property owner that submitted the negative response from the City's 200 -
foot notification mailing has a large amount of unfenced outdoor storage with an objectionable
appearance.
Chairman Nelson asked about the fence line for the new facility. Mr. Odom outlined the area on
a map shown on the presenter. He also indicated the additional area to be fenced which Mr.
Wade volunteered to do. Mr. Wade stated the main entrance for trucks into the facility would
be at the same location where the existing driveway is located [on the south side of property].
He also noted the driveway is currently paved but the lot is not paved. Chairman Nelson asked
about paving the lot; Mr. Wade responded a solid rock base needs to be laid down before it is
paved. He did not have a timeframe for the paving but it was one of his goals. Mr. Odom
commented parking on the ground or grassy area is not permitted. The minimum requirement
would be gravel. The paving requirement for commercial establishments concerning public
access [driving /parking] would be paved asphalt or concrete. Mr. Wade is permitted to use
gravel in the areas where there will be no public access.
Concerning the height of the fence, Chairman Nelson commented he had concerns about the
six -foot requirement being appropriate, especially on the side closest to houses. Mr. Odom
stated a condition could be placed on the approval to require a higher fence; however, a fence
over six feet would require an engineer's seal and obtain a building permit. Mr. Wade stated he
is considering increasing security by installing new electric cyclone fencing to replace the
existing fence for the front of the building.
Chairman Nelson asked about the downtown location. Mr. Wade stated the Scott Street
location will be maintained for car lots.
Mr. Taylor asked about the operations to occur inside the building. Mr. Wade stated training for
the Sheriff's Dept. is currently being held at their offices but the space is limited. One wing of
the building will be reserved for them. Mr. Wade commented the inside of the building would
also be used for evidence storage. Overhead doors would be installed on the north end of the
building for storage of evidence vehicles.
P & Z COMMISSION PAGE 5 MAY 9, 2012
Mr. Taylor stated this was a good use for this building; activity in this building would be an asset
for the neighborhood. Mr. Wade stated wiring, copper, condensing units, and air conditioners in
the building had previously been vandalized. The building was continuing to deteriorate and
becoming a gathering place for disreputable characters. He commented the building is now
secure and lighting and alarm systems have been installed.
Mr. Taylor inquired about the problem with vagrants if the fence is constructed of a solid
material. Mr. Wade responded the exterior lighting is excellent and it will be staffed 24 hours a
day. He also commented his trucks are relatively quiet, no noisier than a car.
Mr. Harmon asked about the number of vehicles stored and when the busiest times would be.
Mr. Wade stated an average of vehicles picked up for storage would be 20 weekly. The State
recently changed laws benefitting his operation by decreasing the time for storage from 90 to
45 days before it could be sold to a salvage yard. Vehicles from seizures are stored for longer
periods depending on the courts.
Ms. Payne addressed the fencing at the Scott Street location; Mr. Wade commented the
previous fencing was removed then replaced. She asked about break -ins and attempted
break -ins at the downtown location. Mr. Wade responded there has been some vandalism and
wind damage. She inquired about the need for high security with 24/7 personnel and an
electrical fence. Mr. Wade stated this facility would be more advantageous than the downtown
lot for criminals to steal vehicle contents.
To questioning, Mr. Wade responded the Boys and Girls Club is separated from his property by
a County owned lot. Ms. Payne asked if the Boys and Girls Club was a child safety zone and
were sex offenders considered for hiring. Mr. Wade explained it would be a violation of the
State law to hire a sex offender; each employee must obtain a license from the Texas Dept. of
Licensing whether they are a dispatcher or serve in other capacities. In addition, they must
pass a drug test and criminal background checks. The drivers must be approved by the Chief
of Police, the Sheriff, and the State. He also stated his employees handle police evidence and
they must be of good moral character. She asked if a sex offender could be employed with his
company if they did not handle evidence; he replied negatively.
Chairman Nelson asked the citizen in the audience if the matter regarding the exterior lighting
was resolved. She stated it was and Mr. Wade had provided her with his telephone number.
She and Mr. Wade agreed and told the Commission the issue was being discussed and they
were in agreement about the solution.
Chairman Nelson closed the meeting for public comment.
Mr. Taylor stated this facility would be an asset to the City. Chairman Nelson agreed by stating
this building would have been a candidate for further problems and Mr. Wade has stepped in to
enhance the building and the neighborhood.
Mr. Taylor made a motion to approve this conditional use permit; Mr. Harmon seconded. The
motion carried. Chairman Nelson commented the six -foot privacy fence is a condition of
approval for this permit.
VI. OTHER BUSINESS
City Council Update
P & Z COMMISSION PAGE 6 MAY 9, 2012
Mr. Odom stated no items from this Commission were presented to City Council for approval.
VII. ADJOURN
The meeting adjourned at 2:28 p.m.
to
L. O. Nelson, Chairman Date
ATTEST:
/IS
Marty Odom, Dept. of Comm evelopment Date