Planning and Zoning Commission Minutes - 04/13/2011MINUTES
PLANNING & ZONING COMMISSION
April 13, 2011
PRESENT:
L. O. Nelson, Chairman
♦ Members
Warren Gardner
•
John Kidwell
•
Vicky Payne
•
Ripley Tate
•
R. C. Taylor
•
John Stephenson
•
Mary Ward ♦ Council Liaison
Kinley Hegglund, Senior Assist. City Attorney ♦ Legal Depart.
Norm Standerfer, Director ♦ city Staff
Marty Odom, Planner •
Leo Bethge, Planner •
Diane Parker •
ABSENT:
Larry Ash •
John Harmon ♦ Alternate #1
Deborah Morrow •
I. CALL TO ORDER
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.
RECEIVED IN'
CITY CLERK'S OFFICE
DATE: G`1-11
BY: TIME: 1
P & Z COMMISSION PAGE 2 APRIL 13, 2011
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 use the hallway outside this room.
Mr. Odom introduced Norm Standerfer, Director of Community Development, to the
Commission.
II. PUBLIC COMMENTS
No one from the audience wished to address the Commission.
III. CONSENT AGENDA
1. Public Hearing on Preliminary Plat
The Planning & Zoning Commission recommended approval of the following plat(s) subject to
the Standard Conditions of Approval for Preliminary Plats and any specific conditions listed
below:
Standard Conditions of Approval for Preliminary Plats
• Provide utility and drainage easements as required by utility companies and the Director of
Public Works.
• Submit water and sewer plans to the 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 and provide utility easements as required by the Director of
Traffic and Transportation.
• Submit two (2) copies of corrected preliminary plat to Planning Division before final platting.
Note: Approval of a plat does not imply development of property in violation of the Zoning
Ordinance.
Granville Crowell Addition, Lots 1A and 2
1. Need to indicate a shadow line to divide former Lot 1 from unplatted southerly property.
(Planning)
2. All access points to state roadways shall be approved by TxDOT. (TxDOT)
3. Dedicate 10' utility easement along west right of way of new 25' dedicated street right of
way. (Oncor)
4. There is an existing 3" water main along the south side of Southwest Parkway and a 6"
sewer main which extends from Fairway Boulevard to the front of Lot 1. Granville
Street, sewer and water must be extended to service future Lot 2. Stormwater detention
is a requirement. Southwest Parkway is TxDOT right of way. TxDOT will require
approval prior to any improvements within their right of way. (Engineering)
2. Public Hearing on Final Plats
P & Z COMMISSION PAGE 3
APRIL 13, 2011
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.
Westmoreland Park and Adjacent Properties, Lot 8 -A to 8 -F, Block 117
1. Submit all utility slips. (Planning)
2. Need to shadow lot number and division for former Lot 8 and Lot 9. (Planning)
3. Need to indicate "final plat" above the subdivision name. (Planning)
4. Provide an exhibit, indicating location of the existing house for future Lot 8 -D,
showing the house conforms to all required minimum setbacks and maintaining
clearance from the utility easement. (Planning)
5. Dedicate 5' utility easement along north property line of Lot 8 -A. Dedicate 10' utility
easement along east right of way of Columbia Road, from northwest corner of Lot 8-
A to southwest corner of Lot 8 -D. Dedicate 10' utility easement along north right of
way of Coronado Avenue, from southwest corner of Lot 8 -D to southeast corner of
Lot 8 -F. (Oncor)
6. There is a 2' water line on the west side of Columbia and a 3" on the south side of
Coronado. A sewer main extends adjacent to Lot 8 -A. A public sewer main must be
extended to serve the other lots in this development. Water services must be
extended from the mains on the opposite side of the street for each lot. It appears
that the roof overhang from the existing house may extend into the proposed utility
easement. Provide an exhibit or other document which would alleviate this concern.
(Engineering)
Mr. Taylor made a motion to approve the Consent Agenda; Mr. Stephenson seconded. The
motion carried.
IV. REGULAR AGENDA
Case C 11 -08
Request for a conditional use permit to expand a nonconforming structure for personal
storage
4708 Neta Lane
Mr. Rick Nees requested conditional use approval to construct an addition to the existing
storage building on a lot behind 4708 Neta Lane. The lot is one of several in the area that was
P & Z COMMISSION PAGE 4 APRIL 13, 2011
subdivided without street frontage. Prior to the adoption of the Zoning Ordinance, property
owners in the vicinity purchased the lots and have built accessory storage buildings. These
buildings are considered legally nonconforming or grandfathered since there are no primary
residences on the lots.
Twenty -one (21) surrounding property owners were notified of this request. Eight (8), or
38.10°/x, replied in favor and none (0) were opposed.
Mr. Taylor made a motion to approve this request; Mr. Gardner seconded. The motion carried.
2. Case R 11 -01
Proposed rezoning in whole or in parts of Lots 2 -12, Block 8, Highland West Side, lying
between Avenue S and Kell Blvd. and between Arthur and Garfield Streets, from Single
Family -2 (SF -2) to Limited Commercial (LC) and amend the Land Use Plan to show
area as Light Commercial.
The proposed lots to be rezoned to LC front Kell Blvd. between Arthur and Garfield Streets.
The applicant, Rick Neas, owns several rental houses on this block which he plans to demolish
for commercial development.
Twenty (20) surrounding property owners were notified of this rezoning. Three (3) or 18.26%
replied in favor; one (1) or 2.2% was opposed; and, one (1) or 0.2% replied as undecided /other.
These percentages were calculated by taking the actual square footage owned by each
property owner plus 50% of any right -of -way adjacent to their property divided by the total
square footage of land within 200 feet of the perimeter of the proposed rezoning area.
Mr. Syd Litteken, representative for the applicant, stated this situation is similar to the other
triangular lots on Kell Blvd. Mr. Neas has diligently worked for 20 years purchasing these
houses. He stated this development would be a positive for the community and enhance the
Kell frontage road.
Mr. Taylor inquired about the tenants in the houses; Mr. Litteken stated approximately half the
houses were vacant. Mr. Taylor then asked about the houses on the other side of Avenue S.
Mr. Odom replied a six (6) foot privacy fence would be required on Mr. Neas property along the
Avenue S side of the property.
Ms. Payne commented it is an ideal location for progress. Mr. Taylor remarked this rezoning
would be a benefit to the owner as well as the City.
Mr. Tate addressed the negative response received concerning the potential decline of property
values. He commented this development would be an improvement for this location. There is
historical data proving development along Kell has not had a negative impact on property
values.
Mr. Taylor made a motion to recommend approval of this rezoning to City Council; Mr. Tate
seconded. The motion carried.
3. TA 11 -01
Proposed text amendment to the 6700 Sign Regulations in the Zoning Ordinance to
allow temporary off - premised signs to be placed on private property for 30 days
IP & Z COMMISSION PAGE 5 APRIL 13, 2011
Mr. Odom stated periodically signs are placed on private commercial property for non - profit
advertising, such as Campfire Candy, Pancake Festival, etc. According to the Zoning
Ordinance, these signs are prohibited; however Staff feels they provide a benefit to the City.
Section 6768 Off - premise Temporary Signs on Non - residential Property is proposed to address
these situations. The changes include the requirement for a permit and signs can only be
displayed on commercial property with the owner's permission. A date sticker will be placed on
the sign for the coordination of the continuous 30 day limit. The size and placement of the sign
will be regulated.
Mr. Stephenson inquired about political signs; Mr. Odom commented they are governed by the
City in conjunction with the State of Texas under a different section of the ordinance.
Chairman Nelson asked about a fee; Mr. Odom stated it was proposed to be $36.00.
Mr. Tate expressed a concern about the 30 day limit. Mr. Odom explained the sign would be
limited by the continuous 30 day limit each calendar year per property. Mr. Kidwell asked if
signs on vehicles would be included; Mr. Odom stated negatively.
Mr. Hegglund stated the City Attorney's office reviewed this proposed change. He feels the
ordinance, as it is currently written, can be defended. Mr. Gardner asked why the ordinance did
not specifically address non - profit organizations. Mr. Hegglund explained signs are controlled
by the First Amendment and must be content neutral; the sign cannot be regulated by its
content.
Chairman Nelson asked about signs currently in place. Mr. Odom stated the Code
Enforcement officers performed a sign sweep during the previous months which included
sending letters to property owners with illegal signs.
Mr. Litteken inqured about contractors' job signs. Mr. Odom stated there is currently a
regulation in the Zoning Ordinance for those types of signs. Mr. Litteken then asked if the non-
profit sign fee would apply to each sign. Mr. Odom stated it would; Mr. Litteken explained a fee
would certainly be expensive for the non - profits. Chairman Nelson reminded the Commission
and the audience this change applies to a small section of a much larger and complex
ordinance.
Ms. Payne inquired about the commercial property and private property part of the proposed
regulation. Mr. Odom commented the property must be zoned commercial and privately
owned. Private residences cannot have these signs on their property. Residences are allowed
to have smaller signs and no permit is required.
Mr. Gardner made a motion to recommend approval of this text amendment to City Council; Mr.
Kidwell seconded. The motion carried.
V. OTHER BUSINESS
City Council Update
Mr. Odom stated no items pertaining to this Commission were submitted at the last two Council
meetings.
P & Z COMMISSION PAGE 6 APRIL 13, 2011
VI. ADJOURN
The meeting adjourned at 2:35 p.m.
L. O. Nelson,
ATTEST:
Marty Odom, Dept. of
66 -D9-7-0
Date
Cp 'f 20
Date