Planning and Zoning Commission Minutes - 06/10/2004RECEIVED IN
CITY CLERK'S OFFICE
Date
By �', Time !S/`
MINUTES
PLANNING & ZONING COMMISSION
June 10, 2004
PRESENT:
L. O. Nelson, Vice Chairman
Charles Barr
Ken Birck
J. C. Bradberry
Cayce Cleary
Ken Dowdy
Steve Lane
Patrick Powers
Bill Rowland
Rusty Sons
David A. Clark, Director of Community Development
Marty Odom, Planner II
Diane Parker
ABSENT:
Cliff Berg, Chairman
1. CALL TO ORDER
The meeting was called to order by Vice Chairman Nelson at 2:00 p.m.
II. APPROVAL OF MINUTES
♦ Members
♦ Alternate #1
♦ Alternate #2
♦ City Staff
Mr. Barr made a motion to approve the minutes of the May 12, 2004 meeting. Mr. Sons
seconded the motion. The minutes were approved with a unanimous vote.
III. 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:
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
PLANNING & ZONING COMMISSION JUNE 10, 2004 PAGE 1
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.
Eastside Faith Center Addition, Block 1, Lot 1 (June '04)
a. Dedicate five (5) feet for street widening along Thompson Road. Install iron rod
at new property line.
b. Label "herein" or "previously" dedicated status of 10 -foot wide easement along
Eastside Drive.
C. Show south line of 10 foot easement.
Cl. Comply with stormwater detention ordinance and criteria. (Public Works)
f. Show south line of 10 foot utility easement. (Public Works)
g. Comply with curb and gutter provisions of subdivision ordinance. (Public Works)
2. Hill & Hill Heights; Section 1; Unit 8; Block 6, Lots 1 -4 & 46 - -52; Block 7, Lots 25-
33; and Block 8, Lots 25 -31 (June '04)
a. Provide utility slips.
b. Correct south dimension of Lot 46.
C. Rename "Sandy Hills Blvd." to "Sandy Hill Blvd ".
d. Provide water and sewer to all proposed lots. (Public Works)
e. Construct internal streets according to subdivision ordinance and criteria. (Public
Works)
f. Comply with stormwater detention ordinance and criteria. (Public Works)
g. Need additional dedicated utility easement of ten (10) feet, total width of five (5)
feet either side of Lots 3 & 4 on Block 6. (TXU Electric)
h. Need dedicated utility easement of five (5) feet in width along east property line
of Lot 33, Block 7. (TXU Electric)
3. Midwestern Park, Block 22, Lot 5 (June'04)
a. Provide utility slips.
b. The floodplain boundary does not appear to match FEMA map. Revise drawing
accordingly.
C. Show building limit line.
d. Identify dashed line south of south line of tract.
e. Acreage on drawing and acreage on field notes differ. (Public Works)
f. If contiguous ownership is one acre or more, comply with stormwater detention
ordinance and criteria. (Public Works)
g. Need additional ten (10) foot dedicated utility easement along east line of Lot 5,
Block 22, between Lot 5 and Lot 4 of Block 22.
h. Any existing facilities located outside of easements shown on plat will need to be
shown by dedication of new easement or relocated to within new dedicated
easement at owner's expense prior to approval of final plat. (TXU Electric)
4. Midwestern Park, Block 22, Lot 6 (June '04)
a. Provide utility slips
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b. Tie down 15 -foot utility easement with dimensions.
C. Label Plaza Parkway "previously dedicated."
d. Provide volume and page on Brett Johnson tract.
e. Identify dashed line south of south line of tract.
f. Show building limit line.
g. The floodplain boundary does not appear to match FEMA map. Revise drawing
accordingly.
h. Show building limit line.
i. Show correct location map.
j. Any existing company facilities located outside of easements shown on plat will
need to be shown by dedication of new easements or relocated to within new
dedicated easement at owner's expense prior to approval of final plat. (TXU
Electric)
The final plats were unanimously approved by the Commission after Ms. Cleary motioned for
approval and Mr. Sons seconded the motion.
IV. REGULAR AGENDA
1. Case C 04 -22
Manufactured Home in Residential Mixed Use
302 & 304 Swallow
The applicants, Ella and Elbert King, requested a conditional use permit to locate a new
manufactured home at the above address.
Fourteen surrounding property owners were notified of this request. One responded in favor
and none were opposed.
Mr. Barr made a motion to approve this request; Mr. Bradberry seconded. The vote was
unanimous in favor of approval.
2. Case C 04 -23
Carport
3028 Moffett
Ms. Katherine Lindsay, applicant, requested approval to locate a carport within the front setback
of her residence. Two properties within 200 feet have carports in the setback.
Thirty -five property owners were notified of this request. Eight responded in favor, none were
opposed, and two responded as undecided.
This carport request was unanimously approved by the Commission after Ms. Cleary motioned
for approval and Mr. Birck seconded the motion.
3. Case C 04 -24
An 840 Sq. Ft. Accessory Building with an Eight Foot Setback
1604 Weeks
Mr. Wayne Mansur, applicant, requested a conditional use permit to construct a detached two -
story garage with a reduced interior side setback of eight feet. This Commission previously
PLANNING & ZONING COMMISSION JUNE 10, 2004 PAGE 3
approved a similar request at this location. However, the proposed building location was
changed and previous conditional use approval had expired.
Seventeen surrounding property owners were notified of this request. Four responded in favor,
none were opposed, and one was undecided /no opinion.
Mr. Odom noted the accessory building would be located in front of an existing storage building.
A motion was made by Mr. Barr, and seconded, to approve this request. The Commission
voted unanimously in favor of permitting the accessory building with an eight foot setback.
4. Case C 04 -25
A 988 Sq. Ft. Accessory Building with Setbacks of Seven and Five Feet
2108 Miramar Street
Ms. Cleary abstained from the discussion as well as voting on this case.
Mr. Kurt Wendeborn, representative for Dr. Dan Bolin, requested a conditional use permit to
construct a detached garage with a reduced interior side setback of seven feet and a reduced
rear setback of five feet.
Sixteen surrounding property owners were notified of this request. Eight responded in favor
and none were opposed.
Mr. Odom stated there is a correction to the staff report; the height of the building being
considered is 19 feet 8 inches.
Mr. Sons made a motion to approve this request. Mr. Bradberry seconded. The vote was nine
in favor and none opposed. The building was approved.
NOTE: Vice Chairman Nelson stated that motions made for today's cases included all
recommendations that were included in the staff reports.
V. OTHER BUSINESS
Vice Chairman Nelson announced that this meeting was being broadcast live on television
today and will be replayed at various times this week.
1. Discussion Item Only
Zoning Ordinance Amendment
Parking of Recreational Vehicles on Residential Lots
A workshop was held on May 5, 2004 to discuss parking regulations for oversized recreational
vehicles on residential lots resulting in the ordinance that was presented to the Commission.
Mr. Odom reviewed the proposed ordinance.
Dr. Mike Patterson, 1649 Victory Drive, stated he appreciated the efforts extended towards
resolving his request. He expressed concern for that the proposed 25 -foot minimum distance
beginning at the curb might not be adequate.
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There was a lengthy discussion regarding the location of a parked recreational vehicle on a
driveway in a residential neighborhood and whether the distance should be measured from the
curb, from the property line, or be equal to the perimeter of the house.
Mr. Clark noted that there has been one complaint regarding recreational vehicles in recent
years. He stated that the Commission members might consider the importance of this issue as
it relates to this board.
Vice Chairman Nelson stated this ordinance is in the early review process. He suggested the
ordinance should address the over 25 feet recreational vehicle and also state the conditions for
the vehicles under 25 feet.
Mr. Clark reminded the Commission this ordinance will address movable vehicles. There will
not be a "grandfather clause ". If a vehicle is parked in a space where it is not allowed, then
moving it will be required.
Mr. John Ward, American RV Sales, 5926 Northwest Freeway, stated that he did not think the
number of complaints warranted a change at this time. He expressed the opinion that if there
had been numerous complaints he would understand changing the ordinance.
Mr. Patterson commented that he was not concerned with the smaller vehicles but more with
the 25 foot length or longer. He noted that he preferred the suggestion of the vehicles being in
line with the perimeter of the house.
The Commission weighed the pros and cons of the three choices (curb, property line, house
perimeter). Mr. Ward asked the Commission to consider residents with larger lots when making
a decision. He preferred the distance of 35 feet back from the curb.
Vice Chairman Nelson asked for direction from the Commission regarding the location for an
RV on a residential lot. Their response varied between the three choices plus one member was
undecided. Vice Chairman Nelson noted there was no firm opinion from the Commission.
There was discussion regarding the unusual circumstances relating to Mr. Ward's lot. His
business was grandfathered on his residential lot when he was annexed by the City. However,
it was discussed that this ordinance might effect him. Mr. Ward asked the Commission again to
consider the 35 foot distance.
Vice Chairman Nelson asked staff to bring a revised ordinance back to this Commission in July
with Item A. changed to 35 feet (...within 35 feet from the back of a public curb...). Mr. Odom
stated he would confer with the City Attorney regarding Mr. Ward's unique situation.
2. City Council Update
Rezone 3405, 3407, & 3315 Sheppard Access and 30 Locke Lane to GC
Mr. Clark stated this rezoning was approved by Council.
Sign Ordinance Change
Mr. Clark informed the Commission that Council recommended a change in the wording to P &Z
which would consider signs in the right -of -way with the City Manager as approval. The
Commission had no comment regarding this issue.
PLANNING & ZONING COMMISSION JUNE 10, 2004 PAGE 5
3. Discussion of Items of Concern to Members of the P&Z Commission
Modular Homes
Mr. Clark informed the Commission about the two modular homes being placed on Wood Street
and Tulsa Street. He commented that these are not manufactured homes and do not require
skirting. They are modular homes which are more regulated and do not require conditional use
approval.
Location of Businesses Downtown
Vice Chairman Nelson noted there are roadblocks locating businesses in the downtown area
because buildings are not code compliant. The final costs become prohibitive when electrical,
plumbing and narrow stairways need repair. ADA compliance and parking were noted as
contributing factors discouraging downtown business development. Mr. Clark stated that
buildings older than 1936 construction or considered to be a landmark building does have some
latitude given by the ICC. Mr. Clark asked for more details concerning the businesses.
VI. PUBLIC COMMENTS
Mr. Mike Patterson asked if recreational vehicles could be parked on the grass in front of a
home. Mr. Odom stated that they must be parked on a paved surface.
VII. ADJOURN
The meeting adjourned at 3:16 p.m.
L. O. Nelson, Vice Chairman
ATTEST:
David A. UarK, Director
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