Planning and Zoning Commission Minutes - 04/13/2005MINUTES
PLANNING & ZONING COMMISSION
April 13, 2005
PRESENT:
CITY CLERK'S OFFICE
Date loS'c9�S-- QS
By pt Time
L. O. Nelson, Chairman
♦ Members
Charles Barr
Ken Birck
J. C. Bradberry
Cayce Cleary
•
John R. Stephenson
Ripley Tate
♦ Alternate #1
Charles Elmore ♦ Council Liaison
Marty Odom, Planner 11 ♦ City Staff
Paul Stillson, Planner II
Diane Parker
ABSENT:
Ken Dowdy •
Steve Lane •
Rusty Sons •
I. CALL TO ORDER
The meeting was called to order by Chairman Nelson at 2:00 p.m.
Chairman Nelson noted that this meeting would be broadcast several times throughout the week on
Channel 11. The first program will be Wednesday, April 13th at 7:00 p.m.
Chairman Nelson then stated motions made by Commission members include all staff recommendations
and developmental requirements contained in the staff reports. Any deviations from staff recommendations
will be discussed on a case -by -case basis. Otherwise, all recommendations and developmental
requirements become part of the motion.
II. APPROVAL OF MINUTES
Ms. Cleary made a motion to approve the minutes of the March 9, 2005 meeting. Mr. Tate seconded the
motion. The minutes were approved with a unanimous vote.
111. CONSENT AGENDA
1. Public Hearing on Preliminary Plats — none submitted
2. 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:
PLANNING & ZONING COMMISSION APRIL 13, 2005 PAGE 1
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. Fountain Park, Section 18 -B, Block 28, Lot 2 -A [replat] (April 2005)
a. Provide utility slips.
b. Show temporary access easement for oil well and tank battery as being abandoned and
show volume and page.
c. Label Fairway Blvd. previously dedicated and show width.
d. The volume and page for the dedication of easement located north of the north line of this
tract was dedicated in Vol.27, Page 10 & 11 WCPR.
e. References to easements dedicated on the previous plat and not by separate instrument in
deed records could be labeled "previously dedicated" rather than references to previous plat
record volume and page.
f. Provide for stormwater detention pursuant to ordinances and criteria. (Public Works)
g. Provide plans for review and approval for relocation of sanitary sewer. (Public Works)
2. Royal Subdivision, Block 1, Lot 1 [replat] (April 2005)
a. Provide utility slips.
b. Rename subdivision, Royal Addition already exists.
c. Building heights may be limited due to nearby Kickapoo Airport.
d. Provide for stormwater detention pursuant to ordinances and criteria. (Public Works)
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 05 -11
Carport in Front Setback
2702 Ridgeway Drive
Alvita Foster requested a conditional use permit to construct a carport within the front setback at her
residence. There are no properties within 200 feet of her home that have carports.
Thirty -one surrounding property owners were notified of this request. Four (4) responded in favor and none
(0) were opposed.
Mr. Nick Lasara stated as the contractor on this job he was representing the owner. He noted
there is a carport four houses from the applicant's home. Mr. Odom explained that many times
there will be carports in the front of houses but staff only considers the ones that are located in the
front setback.
Ms. Cleary made a motion to approve this carport. Mr. Tate seconded. The vote was unanimous in favor
of approval.
PLANNING & ZONING COMMISSION APRIL 13, 2005 PAGE 2
2. Case C 05 -12
Carport in Front Setback
5127 Parklane
Mr. Stanley Lucas requested approval of a conditional use permit for a carport in the front setback at his
residence on Parklane. There are six (6) properties within 200 feet that have carports in the setbacks.
Thirty -five surrounding property owners were notified of this request. Eleven (11) responded in favor and
none (0) were opposed.
The applicant requested this carport to protect his vehicles from the weather elements. Mr. Birck asked if
the carport could be constructed in the back yard. Mr. Lucas stated safety concerns would not make that
location an option.
Mr. Bradberry made a motion to approve this carport request. Ms. Cleary seconded the motion. The
carport passed with a unanimous vote.
3. Case C 05 -13
Establish a Skateboard Park
4415 Westgate Street
Mr. Daniel Young requested approval to construct a skateboard park at the above location. Outdoor
recreation requires a conditional use permit in General Commercial zoning.
This site was originally developed in 1994 as a miniature golf course. Various businesses have occupied
the main building, including a restaurant.
Staff has concerns regarding excessive noise from this venture. Approval is recommended with the
condition that the case be re- evaluated if there are a significant number of disturbance complaints.
Twenty -four surrounding property owners were notified of this request. One (1) responded in favor, three
(3) were opposed, and one (1) replied as undecided.
Mr. Young stated the restaurant is currently open. Skateboarders are using surrounding areas, such as the
parking lot for the Fairfield Inn. Having an actual park would be a safer environment for this activity.
Chairman Nelson clarified the restaurant and the skateboard park would be managed by Mr. Young.
Mr. Victor Kocks, owner of Kock's Liquor, expressed concerns that the notifications to the surrounding
property owners were mailed to the corporate offices. The managers of those businesses were unaware of
the pending skateboard park until Mr. Kocks notified them. Another concern was the questionable behavior
of the skateboarders who travel from one parking lot to another (example: from Fairfield Inn to Kock's
Liguor to Bennigan's). He stated that this is not the proper type of business for this area.
Mr. Birck noted that the original intent of this property was recreational and he thought the proposed
skateboard use would be better than having the land unoccupied. He stated that a park might move the
skateboard activity off the surrounding businesses parking lots.
Mr. Bobby Schaaf, an owner of property in the area, stated Mr. Young's tract would be difficult to develop
because of the unsymmetrical shape, long and narrow. He supported the idea of a skateboard park.
Conditions of approval:
Chairman Nelson made a motion to close the facility at 10:00 p.m. on weekdays and 11:00
p.m. on Friday and Saturday. Mr. Bradberry seconded. The proposed hours passed
unanimously.
PLANNING & ZONING COMMISSION APRIL 13, 2005 PAGE 3
2. Mr. Stephenson made a motion to construct a six -foot privacy fence between the skateboard
park and Kock's Liquor which would extend from the corner of Westgate Drive to the corner
facing Kemp along the back edge of Kock's. Mr. Bradberry seconded. The vote was four
(4) in favor and three (3) opposed. The motion passed.
3. Mr. Tate made a motion to place barriers on the property to make it non - operable when
closed. Ms. Cleary seconded. The vote was unanimous in favor of the barriers.
4. Ms. Cleary made a motion that if there are excessive or an above average number of
complaints about use of this facility after hours, the applicant must appear before this
Commission for further consideration. Mr. Bradberry seconded. The vote was six (6) in
favor and one (1) opposed.
Ms. Cleary made the original motion to approve this request. Mr. Tate seconded the motion. The motion
passed with a unanimous vote.
Chairman Nelson stated that the issue of surrounding occupants of a proposed area has been discussed
previously. Staff has been working to correct this situation.
4. Case R 05 -04
Rezone from General Commercial to Light Industrial
2900 Henry S. Grace Freeway
Mr. Richard Boyd representing the property owner, Mr. Harry Patterson, requested a rezoning of a 3.11
acre tract from General Commercial to Light Industrial. This site was used for a car dealership from 1976
until 1997. A construction equipment rental business is proposed for this location.
The Land Use Plan currently indicates this area is to be used for Parks and Open Spaces. If the rezoning
is approved, the Land Use Plan will require a change to Light Industrial.
Staff recommends approval of this rezoning because the land is isolated and the development is limited
because of the creek and floodway.
Three surrounding property owners were notified of this request. One (1) responded in favor and none (0)
were opposed.
Ms. Cleary made a motion to recommend approval to City Council to change the zoning and the Land Use
Plan to Light Industrial. Mr. Tate seconded.
Mr. Boyd stated the property is isolated by from the surrounding residential properties by a creek and
floodway. There should not be any encroachment of residential properties because of the floodway
designation.
Mr. Stephenson inquired about the open space. Mr. Odom stated that zoning districts must be in
compliance with the Land Use Plan, which is used for long -range planning. If a zone is changed, then the
Plan must be updated. In 1986, when zoning was established in the City, that tract was designated as
Open Space /Parks. Staff is not always aware of the reason for some of the designations of properties.
Chairman Nelson stated that it is important for the Commission to remember that if the zoning is changed,
the property could be used for any Light Industrial use. Approval of a rezoning does not guarantee the
property will be used for the land use requested. The same could happen if the equipment rental business
were to sell the property in several years.
The recommendation to City Council to approve this rezoning change passed with a unanimous vote
PLANNING & ZONING COMMISSION APRIL 13, 2005 PAGE 4
5. Case R 05 -05
Rezone from Limited Commercial to General Commercial
3608 Grant
The applicants are requesting a rezoning to General Commercial after combining two GC lots with the one
to the north which is LC. They are proposing to build a medical clinic on this site. This action is in
conformance with the Land Use Plan. Staff recommended approval.
Mr. Martin Litteken representing Dr. and Mrs. Robert Staples explained that previously these lots had a
restaurant and a shoe repair business on them. By including the third lot, this will allow adequate space for
a building and parking because there is a storm sewer with a 10 foot easement. On the west side of the
property, a privacy fence will be required.
Mr. Zane Donoho, 3615 Garfield, stated he was in favor of this request. He feels this will be a pleasant
addition to the area.
Mr. Barr made a motion to recommend approval to City Council for this rezoning; Mr. Bradberry seconded.
The vote was unanimous in favor.
V. OTHER BUSINESS
1. City Council Update
Mr. Odom stated that the request for the rezoning of 3000 Hammon Road was withdrawn and was not
presented to City Council.
2. Staff /Commission Discussion
Mr. Odom stated that at the next meeting a proposal will be presented to amend the Subdivision Ordinance
to address the issue of long -term maintenance of open space lots within subdivisions. One proposal will be
to require a mandatory homeowners' association to maintain these spaces since the city has not budgeted
for maintenance of these areas. A survey was sent to several cities in Texas regarding this situation and
the results are included with the proposal.
VI. PUBLIC COMMENTS
No one from the audience wished to address the Commission.
VII. ADJOURN
The meejiQg adjourned at 3:50 p.m.
L. O. Nelson, Chairman
ATTEST:
David A. Clark, Director of Community Development
Date
Date
PLANNING & ZONING COMMISSION APRIL 13, 2005 PAGE 5