Planning and Zoning Commission Minutes - 04/12/2006MINUTES
PLANNING & ZONING COMMISSI
April 12, 2006
CITY CLERK'S OFFIC
Date
By ____ Time
PRESENT:
Cayce Cleary, Chairperson
♦ Members
Larry Ash
Charles Barr
James Bradberry
Ken Dowdy
John Kidwell
John Stephenson
Ripley Tate
Kevin Callahan ♦ Alternate #1
Charles Elmore ♦ Council Liaison
David A. Clark, Director of Community Development ♦ City Staff
Paul Stillson, Planner •
Marty Odom, Planner •
Diane Parker
ABSENT:
Steve Lane ♦ Member
I. CALL TO ORDER
The meeting was called to order by Chairperson Cleary at 2:00 p.m.
II. APPROVAL OF MINUTES
Mr. Tate made a motion to approve the minutes of the March 8, 2006 meeting. Mr. Bradberry
seconded the motion. The minutes were approved with a unanimous vote.
III. CONSENT AGENDA
Public Hearing on Preliminary Plats
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.
PLANNING & ZONING COMMISSION APRIL 12, 2006 PAGE 1
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.
1. Royalwood Estates (April 2006), Preliminary
a. Show contour lines.
b. Show 25 foot building limit line along Rathgeber Road if non - residential use on
Lots 49, Block 6.
C. Dedicate 2.5 feet additional right -of -way along Rathgeber Road.
d. Resolve street name change of Mission Road becoming Gracie.
e. Provide street connection from west part of subdivision to Royalwood Drive,
preferably Alexa to Gavin.
f. Relocate existing sewer outfall and extend to all lots. (Public Works)
g. Extend and loop existing water to serve all lots. (Public Works)
h. Provide master plan for water and sewer. (Public Works)
i. Dedicate easement for water, sewer and drainage (see Woodhaven Master
Plan). (Public Works)
j. Construct interior streets according to City ordinance and design criteria. (Public
Works)
k. Comply with storm water detention ordinance and criteria. (Public Works)
I. Coordinate with Davis Powell at TxDot for review of new access point on service
road per Mark Beauchamp at City Traffic Dept. 761 -7460 (Traffic)
M. Additional easements will be needed prior to approval of final plat (TXU ED)
n. Need 10' utility easement along front of all properties. (ATMOS)
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 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 with Director of Traffic & 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. Country Chapel Subdivision, Block 1, Lot 1A & Lot 1B [replat] (April 2006)
a. Provide utility slips.
PLANNING & ZONING COMMISSION APRIL 12, 2006 PAGE 2
b. Extend sewer to serve Lot 1A or on -site sewer facility will need approval by
Health Dept. Contact Susan Morris at Health Dept. 761 -7822.
d. Extend water to serve all lots. (Public Works)
e. Comply with stormwater detention ordinances and criteria. (Public Works)
2. Kemp & Newby Subdivision, Block 5, Lot 1 (April 2006)
a. Provide utility slips.
b. Dedicate additional 20 feet (90 feet total) for street widening along Hatton Road
to align with existing right -of -way line of Hatton Road dedicated by Postal
Service plat.
C. This tract is subject to Airport Zoning height regulations, and requires the
notification and approval of the FAA.
d. Provide utility slips.
e. Show 15' easement with a dashed line.
f. Comply with stormwater detention ordinances and criteria. (Pubic Works)
g. Dedicate 15' utility easement along north property line parallel to south right -of-
way line of Hatton Road prior to approval of final plat. (TXU ED)
3. Kemp & Newby Subdivision, Block 5, Lot 2 (April 2006)
a. Provide utility slips.
b. Show 15' easement with a dashed line
C. This tract is subject to Airport Zoning height regulations, and requires the
notification and approval of the FAA.
d. Comply with stormwater detention ordinance and criteria. (Public Works)
e. Construct curb and gutter along Jacksboro Highway according to ordinance and
criteria. (Public Works)
4. Stadium Square Addition, Lot 1 -A, Lot 2, & Lot 3 [replat] (April 2006)
a. Provide utility slips.
b. Comply with stormwater detention ordinance and criteria. (Public Works)
5. Stone Lake Estates, Phase 7, Block 22, Lots 2 -7 (April 2006)
Removed by the applicant and will be resubmitted at a future date.
Mr. Barr made a motion to approve the Consent Agenda. Mr. Bradberry seconded the motion.
The Consent Agenda passed with a unanimous vote.
IV. REGULAR AGENDA
1. Case C 06 -04
Carport
4666 University Avenue
Mr. Scott Kingsley requested this conditional use approval for a carport in the front
setback of his residence at 4666 University Avenue. There is one property within 200
feet of the proposed carport that currently has a carport in the front setback.
Twenty -nine (29) surrounding property owners were notified of this request. Six (6)
responded in favor and two (2) responded opposed.
Mr. Bradberry made a motion to approve this carport; Mr. Tate seconded. The motion
carried.
PLANNING & ZONING COMMISSION APRIL 12, 2006 PAGE 3
2. Case C 06 -05
Manufactured Home
117 Duncan Street
Dennis and Mable Mallett requested conditional use approval to place a new
manufactured home at 117 Duncan Street in a Residential Mixed Use zoning district.
Staff felt this proposal would be an improvement to the area and recommend approval.
Nine (9) surrounding property owners were notified of this request. Four (4) responded
in favor and none (0) were opposed.
Mr. Tate made a motion to approve this request; Mr. Bradberry seconded. The motion
carried.
3. Case R 06 -02
Rezone from Single Family -2 to Multi - Family Residential District and
Amending the Land Use Plan
5103 and 5021 Taft Blvd.
Mr. Bob Seabury requested this rezoning of 5.79 acres near the southeast corner of the
intersection of Taft Blvd. and Southwest Parkway from Multi- family Residential to Single Family -
2. The Land Use Plan will be required to be changed from low density residential to high
density residential. The purpose of this rezone is to construct a multifamily complex. This site
is directly across the street from a quadraplex that was constructed in 2003.
Staff felt the proposal was compatible with the area and recommended approval.
Rezoning of the channel and adjacent right -of -way was recommended by staff to
simplify the zoning on the map.
Twelve (12) surrounding property owners were notified of this request. Three (3)
responded in favor; three (3) were opposed; and two (2) responded as no opinion or
undecided.
Mr. Seabury stated this would be a good transition from the single family to commercial
further down Southwest Parkway. He explained that this site was excellent for
development of upscale multifamily units. An architect will not be hired until the zoning
is approved so the plans are not finalized. There will be a clubhouse with a fitness
center, game room, and a swimming pool. Some units will have multi -level units,
fireplaces, and garages. It will have a village effect. He stressed that he cannot build
single story because the land was too costly and he cannot get the needed density,
partially because Holliday Creek runs through this property limiting development.
Mr. Jim Ginnings, 5201 Taft, stated that he opposed the zoning. He stated he
appreciate Mr. Seabury's explanations. He stated he does not want multi -story units
next to his residence. Mr. Ginnings stated that because Mr. Seabury paid more than he
should have for the property is no reason the neighbors should accommodate the
approval of multi -story units in their neighborhood. Once this facility is built there will be
numerous people in a small space. He stated that he felt he was entitled to see a plan
from Mr. Seabury to see what was going to be built at that location. Mr. Ginnings then
stated that if there are objectionable things, he and Mr. Seabury could work those
things out. He stated he would appreciate it if action could be deferred until a plan is
presented.
PLANNING & ZONING COMMISSION APRIL 12, 2006 PAGE 4
Mr. Bobby Schaaf, 4 Champions, stated that he and his partners own the Crescent
Village Apartments across from Mr. Seabury's proposed development. He stated that
he has built two complexes in General Commercial, where the zoning did not require a
change. Mr. Schaaf stated there is a need and market for two -story units but the
environment at that location is too tight. Mr. Schaaf explained some of the traffic
concern he experienced when developing Crescent Village. He stated that he agreed
with Mr. Ginnings.
Chairperson Cleary asked about traffic studies. Mr. Odom stated that this project did
not warrant studies.
Mr. Ginnings asked if staff recommended approval of this rezoning. Chairperson Cleary
stated that was correct.
Mr. Seabury stated there would be single story and two story units. He stated there
were concerns prior to the construction of Sheppherd's Glen regarding the congestion
along Taft. He noted that was unfounded; people do not leave for work or return at the
same time.
Mr. Stephenson stated he would prefer to see a development locate in a zoning district
that did not require a zoning change.
Mr. Barr stated that he was in favor of Mr. Seabury's development. This property has
been undeveloped for years and would be an asset to the tax base.
Mr. Callahan agreed with Mr. Stephenson stating rezoning for speculative venture is not
necessarily the appropriate action. He stated he felt more information was required.
Mr. Odom stated that a rezoning cannot be conditioned. Chairperson Cleary stated she
agreed with Mr. Barr.
Mr. Bradberry made a motion to recommend approval to City Council to approve this
rezoning request and change the land plan from low density residential to high density
residential. Mr. Barr seconded. The vote was six (6) in favor and three (3) opposed.
(Mr. Callahan, Mr. Kidwell, and Mr. Stephenson opposing)
4. Case R 06 -03
Rezone from Single Family -2 to Limited Commercial and
Amending the Land Use Plan
A Part of 2803 Montgomery Place
Mr. Phuong Khong requested a portion of 2803 Montgomery Place to be rezoned from
Single Family -2 to Light Commercial. This rezoning will require the Land Use Plan to
be changed from Low Density Residential to Light Commercial. The purpose is to allow
for additional parking for the owner's adjacent commercial plaza that fronts Kemp
Street. Parking cannot legally occur on this residential lot without rezoning. In August
2005, the applicant attempted to rezone the entire residential lot but it failed. Now he is
attempting to rezone a portion of that lot which is already paved for parking. Staff feels
the rezoning would not create an adverse impact on the residential area and
recommends approval.
Eighteen (18) surrounding property owners were notified of this request. One (1)
responded in favor; two (2) responded opposed; and one (1) responded as no opinion
or undecided.
Mr. Odom explained that the applicant's request is to approve a strip 16' x 96% however,
the area that has been paved is a strip that is 16' x 61'.
PLANNING & ZONING COMMISSION APRIL 12, 2006 PAGE 5
Mr. Victor Avenius, 2805 Fleming, stated that if the parking were to be screened and
the house were to be left residential, he felt the neighbors would approve of this
request. Mr. Odom and Chairperson Cleary stated the house would not be commercial.
He stated there has been overflow parking in the neighborhood.
There was discussion regarding the sale of the commercial property and the parking
strip. Mr. Clark stated that it was recommended to the applicant to replat the
properties. If it were replatted, the remaining residential lot would still meet dimensional
requirements.
Chairperson Cleary stated the only problem she has is that it was paved prior to the
approval process. She stated she does not have a problem with the parking strip.
Mr. Bradberry made a motion to approve this rezoning request and change the land use
plan from low density residential to light commercial. Mr. Dowdy seconded. The
motion carried.
5. Case R 06 -04
Rezone from Single Family -2 to General Commercial (Conditioned) and
Amending the Land Use Plan
331 Loop 11
Mr. Richard Boyd of Corlett, Probst, & Boyd represented Region IX to request a rezoning
change at 331 Loop 11 from Single Family -2 to General Commercial Conditioned. The Land
Use Plan will require amendment to institutional from low density residential. The purpose of
the request is to allow expansion of their parking lot. Staff recommended approval.
Nine (9) property owners were notified of this request. Six (6) responded in favor and
none (0) were opposed.
Mr. Boyd stated this vacant lot fronts Loop 11 and will be used strictly for parking.
Mr. Tate stated he felt this would be a good move for Region IX.
Mr. Tate made a motion to recommend approval of this rezoning request to City Council
and change the land use plan from low density residential to institutional. Mr. Bradberry
seconded. The motion carried.
V. OTHER BUSINESS
1. City Council Update
Rezoning A Portion of 1020 Central Freeway, Lot 17 -A, B. B. Woodall Subdivision, From
Residential Mixed Use to General Commercial Zoning — Mr. Clark stated that City Council
upheld this Commission decision and approved this rezoning request.
2. Staff /Commission Discussion
Screening Outdoor Storage Ordinance
Mr. Clark stated that this proposed ordinance is nearing completion and plans to be sent out to
Planning Commission and City Council for review. He stated that staff's recommendation will
be a one to two year limit to install screening.
VI. PUBLIC COMMENTS
No one from the audience wished to address the Commission.
PLANNING & ZONING COMMISSION APRIL 12, 2006 PAGE 6
VII. ADJOURN
The meeting adjourned at 3:04 p.m.
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Cayce C
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David A. Clark, Director of Community Development
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PLANNING & ZONING COMMISSION APRIL 12, 2006 PAGE 7