Loading...
Planning and Zoning Commission Minutes - 09/14/2005MINUTES PLANNING & ZONING COMMISSI September 14, 2005 PRESENT: L. O. Nelson, Chairman Charles Barr Ken Birck J. C. Bradberry Cayce Cleary Ken Dowdy Steve Lane John R. Stephenson Ripley Tate Charles Elmore David A. Clark, Director of Community Development Marty Odom, Planner If Paul Stillson, Planner II Diane Parker ABSENT: Randall Forcher Rusty Sons I. CALL TO ORDER r CITY CLERK'S OFFICE Date By — — — Time.�0_ ♦ Members ♦ Alternate #1 ♦ Council Liaison ♦ City Staff ♦ Alternate #2 The meeting was called to order by Chairman Nelson at 2:00 p.m. Chairman Nelson made the following announcements: This meeting is being broadcast live on Channel 11. It will be played tonight at 7:00 p.m. and replayed tomorrow night and Friday night at 7:00 p. M. 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. 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. The meeting is being taped and there is no microphone to record of statements made from the audience. II. APPROVAL OF MINUTES Mr. Barr made a motion to approve the minutes of the August 10, 2005 meeting. Mr. Tate seconded the motion. The minutes were approved with a unanimous vote. PLANNING & ZONING COMMISSION SEPTEMBER 14, 2005 PAGE 1 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. 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. Greentree Subdivision, Section 2 Preliminary (Sept. '05) a. Label street, "East Hunters Glen ". b. Label subdivision name to the east. C. Leave courts 1,2 & 3 as East Hunters Glen (they will be given East Hunters Glen addresses) to be consistent with Section 1. Provide a separate street name for Court 4. d. Provide master plans for water, sanitary sewer and drainage /stormwater detention. [PW] e. Extend water and sanitary sewer to all proposed lots. [PW] f. Comply with stormwater detention ordinance [PW] g. Construct internal streets according to ordinance and criteria. [PW] h. Provide cul -de -sac for north unnamed street. [PW] i. No budget to acquire open space on park land. (PARKS) j. Additional easements may be needed prior to approving final plat. (TXU E.D.) 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. PLANNING & ZONING COMMISSION SEPTEMBER 14, 2005 PAGE 2 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. Expressway Village, Section 25, Block 21, Lots 1 -2; Block 23, Lots 18 -24; and Block 28, Lots 1-4 & 24 -28 (Sept. '05) a. Provide utility slips. b. To be consistent with the naming of and addressing of Colonial Drive, rename Patriot Court to Liberty Court. C. Castle Drive is shown as a minor collector, future extensions should meet street specifications for a minor collector (60 ft. R -O -W). d Provide Tinker Trail with 60 feet right -of -way adjacent to Lots 1 & 2, Block 21. Extension of Tinker Trail east on future plats should have a 60 ft. right -of -way. e. Construct internal streets according to ordinance and criteria. [PW] f. External water and sanitary sewer to all proposed lots. [PW] g. Provide adequate drainage in compliance with criteria and ordinance. [PW] h. Additional easements will be needed prior to approving final plat. (TXU E.D.) 2. Faith Village, Unit I, Block 5 -A, Lot 2 -A and Block 3 -A, Lot 1 -A [replat] (Sept. '05) a. Provide utility slips. b. Seventh line of metes and bounds, distance 130.341 is missing a zero. C. Comply with stormwater detention ordinance. [PW] e. If necessary, relocate city utilities pursuant to city ordinance and criteria. [PW] f. Contact Atmos Energy regarding abandonment of 2" gas main within an easement in Lot 1 -A, Block 3 -A. (ATMOS) g. Additional easements are needed and certain easements cannot be vacated until distribution lines have been relocated. (TXU E.D.) 3. Greentree Subdivision, Section 2, Unit 1 (Sept. '05) a. Provide utility slips. b. Submit a name for unnamed street. C. Label easements along the unnamed street. d. Extend water and sanitary sewer to all proposed lots. [PW] e. Construct internal streets in accordance with established criteria. [PW] f. Provide stormwater detention and drainage in compliance with ordinance and criteria. [PW] g. Provide cul -de -sac at end of unnamed street. [PW] h. No budget for open space on park land. (PARKS) i. Additional easements will be needed. (TXU E.D.) 4. Hill & Hill Heights, Section 1, Unit 8 MINOR (Sept. '05) a. Provide utility slips. b. Label previously dedicated 15 -foot easement and give dimension to ascertain its location. C. Any request for relocation of existing TXU Electric Delivery facilities will be at customer's expense. (TXU E.D.) Ms. Cleary made a motion to approve the Consent Agenda. Mr. Bradberry seconded the motion. The Consent Agenda passed with a unanimous vote. PLANNING & ZONING COMMISSION SEPTEMBER 14, 2005 PAGE 3 IV. REGULAR AGENDA 1. Case C 05 -34 Limited Multifamily Residential Development in SF -2 4701 Wyoming Mr. Chet Hooper, Hooper Construction, requested approval to develop fourteen (14) quadrapluxes and one (1) duplex on a five -acre tract between Wyoming and Coronado Avenue. This site is within a Single Family -2 zoning district. If approved, this complex would contain 58 single story units. Staff recommends approval with the condition that the site plan be modified to show all structures comply with the 30 -foot setback requirement. Thirty -nine (39) property owners were notified of this request. Inside the notification area, no responses were received that were in favor and fourteen (14) were opposed. Outside the notification, thirty -four (34) responses were received: one (1) was in favor; thirty - two (32) were opposed; and one (1) was undecided. Mr. Martin Litteken, Cornerstone Engineering, stated this property was previously the Westmoreland Park Pool that has remained vacant for numerous years. The intent is to construct a project that will comply with all the multi - family uses allowed within a single - family zone. He addressed the 30 -foot setback requirement by stating the number of units would be reduced in the southeast corner of the project in order to comply. The details for landscaping, parking, and privacy fencing will be shown in detail on plans presented during the permitting process. Mr. Litteken stated these units will consist of single story, brick units with composition roofs. Mr. Stephenson inquired about the neighborhood responses that addressed concerns regarding the water pressure in the neighborhood. Mr. Odom responded a water tower is proposed to be constructed within the next eighteen (18) months. Mr. Litteken stated that Certainteed purchased the property where a water tower was previously proposed; the City now plans to relocate a tower at the Cypress Water Treatment Plant. When asked about the number of single - family houses that could be built in the same tract, Mr. Litteken responded that would be approximately 22 -25 houses, excluding zero -lot line homes. Twenty -one neighbors from the Westmoreland Park Subdivision, Unit One were present for this meeting. Spokespersons for the neighborhood were: Ms. Kim Ferris, 4417 Concord; Mr. Eric Cook, 4409 Concord; Mr. Sam Crutcher, 4821 Matterhorn; Mr. Frank Reid, 4715 Coronado; Ms. Sally Harlow, 4704 Coronado; and, Mr. W. C. Covington, 4844 Matterhorn. The concerns expressed were: 1) Opposition to multi - family structures — residents prefer to single - family structures that would mirror the existing development in the neighborhood; and 2) Decrease in property values; and 3) Increase in traffic flow; and 4) Concern about the water pressure; and 5) Safety concerns; and 6) Concern for units being government subsidized housing; and PLANNING & ZONING COMMISSION SEPTEMBER 14, 2005 PAGE 4 7) Effect of exterior security lighting from units. To questioning about the lighting issue, Mr. Litteken responded that it would be directed toward the west, not focusing on the neighborhood or on tall poles. He acknowledged that traffic flow would increase but that the City could alleviate congestion by placing no parking signs on the two major streets into the development to facilitate a better flow of cars. Mr. Birck asked if parking was permitted on the side of the street on Cornado. Mr. Reid responded that has been the practice for ten to fifteen years. Mr. Litteken replied to Mr. Reid's question about the size of each unit by stating they would be approximately 1,000 square feet with two bedrooms each. Mr. Scott Taylor, Director of Public Works, stated that the new water tower is a funded project that is part of the total water system improvements for the Jasper and Cypress Plants and the raw water line that will be going to Headquarters Road. The west side location is no longer available (for the new tower) but another site is under evaluation adjacent to the Cypress Water Treatment Plant. Mr. Taylor stated that the City is aware of the pressure problems and the continual growth in that area. He stated the City has been cited by Texas Commission on Environmental Quality for inadequate elevated water storage and this tower will correct that citing. The elevated tank will be constructed but not totally operational until late 2006 or early 2007. Mr. Taylor assured the neighbors that the tower would be built. Ms. Barabara Grazdan, 4801 Mt. Everest, asked if there would be any relief for the minimal pressure after the apartments are constructed and before the new tower is finished. Mr. Litteken stated that construction of both phases of the multi - family units would be approximately one year. Mr. Taylor stated this is a difficult situation and it would require some computer modeling to make a determination regarding the effect to the neighborhood. Mr. Dale Kepler, 4713 Coronado, asked if there would be additional water lines installed for this proposed development from the new tower. Chairman Nelson responded that there is current service to the property. Mr. Kepler asked about the location of the sewer line; Mr. Litteken stated that there is an 8" water main on the Greenville Road right -of -way on the east side of this property; a fire hydrant on the southeast corner of this tract; and, a fire hydrant on the Wyoming side in addition to another water main. The sewer comes through the alley between Coronado and Wyoming with the connection being in the Greenville right -of -way. Mr. Kepler asked if all units would have individual meters. Mr. Taylor stated it could be master metered or individual units metered. Mr. Kepler stated the street going through the middle of the complex is directly in front of his home. He was concerned about moving the street to the east 30 -40 feet. Chairman Nelson thanked Mr. Taylor for addressing the water tower issue. Even though this was not part of the decision making process, it was vital information and of interest to the attending neighborhood residents. There was discussion regarding the type of people that might be renting these multifamily units. Mr. Birck stated that single - family homes as well as multi - family units cannot by federal law select the type of people to whom they rent. He also commented there are numerous areas of the City where residential areas abut two and three story apartments and property values have not been affected by the construction of the apartments. Mr. Birck reminded the neighbors that the owner of this property did not have prospective buyers that wanted to develop single story homes on this tract. Land develops according to pressure and there was no pressure for single story homes. The owner has the right to sell this property. Mr. Michael Koen, architect for the project, stated that this is an upper end apartment project. It is common for apartments to abut single - family residences. Lighting will be on the buildings; there will be self- contained sprinklers for the landscaping. He assured the neighbors it would be a nice project. PLANNING & ZONING COMMISSION SEPTEMBER 14, 2005 PAGE 5 Mr. Chet Hooper, developer of the proposed project, explained that he is trying to establish rents in the $700 -800 range. To questioning, Mr. Odom responded that water runoff should not be an issue. It will be addressed through Public Works' review of compliance with the stormwater detention ordinance that states that post development runoff will not exceed predevelopment runoff, or zero impact. Mr. Odom stated that any development will create an increase in traffic and the Traffic Department will determine whether traffic signals warrant changing. Chairman Nelson reminded the Commission to consider whether the proposed land use is compatible with the surrounding area. The purpose of this conditional use approval is to maintain the single - family zoning and permit multi - family units. Otherwise, with this approval the land would have to be rezoned to Multifamily Residential where a variety of uses could be constructed without approval of this Commission. Ms. Cleary stated she understood the concerns from the neighborhood but felt the developer had done a very good job fitting this complex into the single - family environment. Mr. Birck made a motion to amend the original motion to direct all outdoor lighting away from the adjacent residential neighborhood. Mr. Barr seconded. The vote was nine (9) in favor and none (0) opposed. Mr. Barr made a motion to approve this conditional use permit for a limited family residential development in Single Family -2 zoning. Mr. Bradberry seconded the motion. The vote was five (5) in favor and four (4) opposed. The motion carried. 2. Case C 05 -31 Construct a 50'x 95' Metal Shop Building For Sale or Lease With Storage Area for Equipment 1401 & 1405 32nd Street Mr. Bob Oden requested approval to construct a 50' x 95' metal shop and storage building in the Residential Mixed Use zoning district. It will be constructed as a contractor's yard with the potential to be leased as such. Staff believes this use is compatible with the surrounding neighborhood and recommends approval. Thirty -two surrounding property owners were notified of this request. No responses were received. Mr. Oden gave a brief summary of the proposed project. Mr. Barr made a motion to approve this conditional use request. Mr. Bradberry seconded. The vote was unanimous in favor of approval; the motion carried. 3. Case C 05 -32 Application to Establish a Package Store (Liquor Store) 4108 Burkburnett Road Mr. Rick La requested approval to establish a package store within a General Commercial zone at a four -unit plaza at 4108 Burkburnett Road. A shoe repair shop was the last occupant of this unit. Staff recommended approval of this request. Thirteen surrounding property owners were notified of this request. None (0) replied in favor and six (6) were opposed. PLANNING & ZONING COMMISSION SEPTEMBER 14, 2005 PAGE 6 Mr. Harold Hawkins, 5502 Hooper, stated that his client, Rick La, was refurbishing the building to accommodate a liquor store. There is a tattoo parlor in the plaza as well as an adult book store located to the north. Mr. Hawkins added that this business will be an enhancement to the plaza over previous businesses located there. Mr. Stephenson voiced concern for the establishment of a liquor store at the entrance to a military base. Councilor Elmore stated that this business would benefit this thoroughfare rather than detract from the area. A liquor store has certain connotations but it is just a regular business and the owner has made a commitment in upgrading this property. Mr. Barr made a motion; Mr. Bradberry seconded. The vote was eight (8) in favor and one (1, Mr. Stephenson) opposed; the motion carried. 4. Case C 05 -33 Application to Establish a Church Parking Lot 1000, 1002, 1004, 1008, & 1010 Flood Street Mr. Carl Solomon requested approval to develop five (5) vacant lots into a parking facility for the St. John Baptist Church that is across the street at 1009 Flood Street. Staff recommended approval of this request. This Commission reviewed a similar request in December, 2000 but the project was not developed. Twenty -nine (29) surrounding property owners were notified of this request. None (0) responded in favor and one (1) was opposed. Mr. Billy R. Delaney, minister of St. John Baptist Church, stated the plans for improvement include paving the parking lot, constructing a privacy fence on the east and west side, installing lighting that would not effect adjacent residences, and installing an irrigation system for the required landscaping. To questioning Mr. Delaney responded, currently there is parking for church services on these lots. The grass is mowed; however, there are some issues with the terrain (that paving would improve). Ms. Lillie Bilbrew, 106 Flood, stated she did not want to sell her property to the church. Chairman Nelson stated that there will be fences around her house and the surrounding property will be improved. Mr. Odom stated that the requirements for the privacy fence are that it should be six feet tall, installed on the property line, and sloped down from the 25 ft. setback to the sidewalk. Mr. Barr stated that the paved parking lot would be an asset compared to the dirt lot; Ms. Cleary agreed. Mr. Barr made a motion to approve this conditional use request. Ms. Cleary seconded. The vote was unanimous in favor. V. OTHER BUSINESS Review — Proposed Ordinance Changes Reconsider 30 Foot Setback Requirement, Commercial Use Adjacent to Single Family or Duplex The ordinance requires a 30 -foot setback between a commercial use and single family or duplex use. Mr. Bill McGregor has requested that the Planning and Zoning Commission PLANNING & ZONING COMMISSION SEPTEMBER 14, 2005 PAGE 7 consider a proposal to review this setback distance and make a recommendation to City Council to change the ordinance. Mr. Odom noted that, in 2003, the Planning and Zoning Commission recommended approval of removing this setback; however, City Council did not approve the proposed amendment. Mr. Clark mentioned that two 30 -foot setbacks could negate the feasibility of a lot. A conditional use permit could provide individual opportunity instead of blanket removal of the restriction and could encourage development on smaller lots. Chairman Nelson stated that he was open to the conditional use process to deal with these requests and act accordingly on a case -by -case basis. There are many situations where development will make sense and the conditional use process will be a reasonable compromise. Mr. Bill McGregor, 2026 Avondale, stated that this proposed request does not center around a particular property. He gave examples, 1632 & 1640 Kell and Avenue I & Kemp, showing how the 30 -foot setback could deter the sale and development of a property. He stated this would also be advantageous for development along Kemp and on Kell Blvd. from 1 -44 to Kemp. Mr. Clark noted that property does need to be large enough for commercial development, two or three lots combined, without being negative to the adjacent residential property. Mr. Barr agreed with Mr. McGregor, a 30 -foot setback is excessive. Chairman Nelson asked what the next step would be; Mr. Odom replied that staff would propose an ordinance for review at the next meeting. 2. City Council Update Mr. Clark stated that the rezoning to Limited Commercial of 2803 Montgomery Place was denied which concurred with the Planning and Zoning recommendation. Mr. Clark noted that two areas were recently annexed as Single Family -1 zones. One area was rezoned SF -2 and the other area will probably be a commercial use. 3. Discussion of Items of Concern to Members of the P&Z Commission Mr. Birck inquired about the status of the Kemp /Kell development. Mr. Clark stated that the public hearings were well attended with an interest expressed in development and an interest from the neighborhood in maintaining quality development. He noted that this relates to the setback issue previously discussed. Mr. Clark recognized that General Commercial and Limited Commercial zones might not be fitting, and consideration should be given to an intermediate zone. The Commission suggested proceeding with review of this project. Mr. Clark reported that the traffic light concern at Elmwood and Kemp is not a result of a timing issue. Down the center of Kemp is a ditch that is part of the drainage system. This would require a left turn lane to be constructed that would result in the costs being more complex and involve changing the configuration of the roadways. Chairman Nelson asked about the Elmwood and Maplewood traffic signal. Mr. Clark noted the same concerns would apply, lane changes and more involved costs. Mr. Barr noted that millions of dollars of homes are being constructed on Gregg Road. The City is patching that road for a third time. He stated that he believed it was costing more to patch it than permanently repair it. Councilor Elmore stated that it is possible that the home building construction crews and their vehicles are tearing up the roads. Mr. Clark stated that money is a factor. In the Thoroughfare Plans and Transportation Plans, roads are discussed and Gregg PLANNING & ZONING COMMISSION SEPTEMBER 14, 2005 PAGE 8 L- - -- Road, Taft, and Turtle Creek north from Seymour Highway always appears on the lists for repairs. The roads are repaired as funding becomes available. 4. Staff /Commission Discussion Mr. Odom stated that the problem with the fences on Wolf Street has been forwarded to Code Enforcement for action. VI. ADJOURN The meeting adjourned at 4:45 p.m. L. O. N Ison, Chairman ATTEST: f J� David A. Clark, Director of Community Development /Z� /z -os Date PLANNING & ZONING COMMISSION SEPTEMBER 14, 2005 PAGE 9