Planning and Zoning Commission Minutes - 02/13/2002'1
MINUTES
PLANNING & ZONING COMMISSION
February 13, 2002
PRESENT
CITY CLERK'S OFFICE
Date D5 — ioZ ` () a
By Time 46a�
David Rhone, Chairman
♦ Members
Cliff Berg
L. O. Nelson
Danny Richardson
Bill Rowland
Ken Birck
J. C. Bradberry
♦ Alternate #1
Jim Chase
♦ Alternate #2
Johnny Burns ♦ Council Liaison
David A. Clark, Director of Community Development ♦ City Staff
Steve Seese, Planning Administrator
Paul Stillson, Planner II •
ABSENT
Lin Purtle
Susan Wood Reeves
Rusty Sons •
I. CALL TO ORDER
The meeting was called to order by Chairman Rhone at 200 p.m.
II. PUBLIC COMMENTS
No one from the audience wished to address the Commission.
III. APPROVAL OF MINUTES
Chairman Rhone commented that regarding the approval of the January minutes the name should be
changed for the person offering the second. Mr. Richardson made a motion to approve the minutes; Mr.
Nelson seconded the motion. The minutes were approved with a unanimous vote in favor.
IV. CONSENT AGENDA
1. Public Hearing on Preliminary Plats — none received
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 Page 1 of 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. Bates Acres, Block 1, Lot 1 (Feb. '02)
a. Provide utility slips.
b. Must be served by an approved sewage system. (PUBLIC UTILITIES)
C. Must extend water service. (PUBLIC UTILITIES)
d. Must comply with storm water ordinance. (PUBLIC UTILITIES)
2. Sikes Estates, Section H, Unit 2, Block 3, Lots 26 -35 & Block 4, Lots 25 -29 (Feb. '02)
a. Label 25 ft. building limit line in cul -de -sac adjacent to Lots 6 -9, Block 3.
b. Clarify width of building limit line on exterior side of Lots 5 & 10, Block 3.
C. Provide utility slips.
d. Be aware of potential address problems created by platting each end of the subdivision, but
not platting the middle section. The address scheme will be established according to the
number of lots shown on the preliminary plat. If the number of lots is increased in
subsequent platting, unique address numbers will not be available for additional lots. The
Post Office will not accept suffixes "a ", "b ", "c" etc. The alternative of "Unit 1," or "Suite 1" is
not well received by homebuilders or owners. Contact Planning if changes to number of lots
are anticipated.
e. Extend water service. (PUBLIC WORKS)
f. Extend sanitary sewer. (PUBLIC WORKS)
g. Provide for drainage, curb & gutter, streets, and sidewalk. (PUBLIC WORKS)
h. Comply with stormwater ordinance. (PUBLIC WORKS)
i. Ensure 45 foot sight triangle at intersection at South Shepherd's Glen and Taft.
3. Washington- Jackson Addition, Block 1, Lot 1 [replat] (Feb. '02)
a. Provide utility slips.
b. Show Floodplain and Floodway if existing on plat.
C. Use arrows to tie down location of 15 -foot utility easement.
d. An additional easement is needed prior to approval of final easement along the south line of
Lot 1 for an existing primary distribution line. Additional easements will be needed for gas.
(ONCOR)
Mr. Bradberry made a motion to approve the Consent Agenda. Mr. Richardson seconded the motion.
V. REGULAR AGENDA
1. Rezone from Single Family -1 to Limited Commercial
4303 Rivercrest Drive
Case R 02 -04
Applicant ........... ............................... Mary Payne, Southwest Candles
Planning & Zoning Commission Page 2 of 2
Requested Action ...........................
Purpose .......... ...............................
Property.......... ...............................
Existing Land Use ..........................
Surrounding Land Use & Zoning ....
Rezoning
Rezone from Single Family -1 (SF -1) to Limited Commercial
Lot 5, Block 3, West Rivercrest Addition.
Candle Sales
N: Residences, SF -1
S: Residences, SF -1
E: Residences, SF -1
W: Seymour Highway, GC
Analysis:
The applicant wishes to expand the current candle business at this site. The business occupies a former
pre- zoning service station where applicant plans to build an addition. Because the commercial use is
nonconforming, a zoning change is required in order to expand. Under Limited Commercial zoning, this
addition would be permitted, subject to a conditional use permit.
Limited Commercial zoning was designed to be adjacent to residential areas a buffer between residences
and more intensive commercial uses. The Land Use Plan designates this area as low density residential.
If approved, an amendment to the plan is required.
Recommendation:
Staff feels that the proposed development is compatible with the surrounding area and recommends
approval of this rezoning.
Mr. Berg made a motion to recommend approval to City Council for this rezoning request. Mr. Nelson
seconded the motion.
Fifteen surrounding property owners were notified of this request. Six (6) replied in favor and none (0) were
opposed.
Mr. Clark stated that this case concerns a single lot that was previously a service station fronting towards
Seymour Highway. The candle shop is currently operating and wishes to expand. Considering
neighborhood transition, it would be more advantageous to rezone this property to Limited Commercial
rather than expanding the adjacent General Commercial zoning. By not changing the zoning, this use
would continue to be a non - conforming use. Orientation is also a factor since a home might not be built at
this location even though it is SF -1 zoning.
The applicant was present and available for questioning.
Mr. Chase inquired about the non - conforming status of this business. Mr. Seese speculated that perhaps
the service station had been closed when the area was originally zoned and a residential structure might be
constructed.
The rezoning recommendation was passed with a unanimous vote in favor.
2. Expansion of candle Business in Limited Commercial
4303 Rivercrest Drive
Case C 02 -05
Case No.: .................................... C 02 -05
Applicant ...... ............................... Mary Payne, Southwest Candles
Requested Action ........................ Conditional Use Permit
Planning & Zoning Commission Page 3 of 3
Purpose ....... ...............................
Property....... ...............................
Existing Land Use ......................
Surrounding Land Use & Zoning
Expand an existing candle business
Lot 5, Block 3, West Rivercrest Addition.
Candle Sales
N: Residences, SF -1
S: Residences, SF -1
E: Residences, SF -1
W: Seymour Highway, GC
Analysis:
The applicant has requested rezoning of this property for the purpose of expanding their building.
To expand they must first rezone, then obtain a conditional use permit. A conditional use permit is
required in a Limited Commercial District for service and retail uses with an area greater than
1,200 square feet.
Their plan is to add about 1,000 square feet to the existing building bringing its total size to about
2,400 square feet. An estimated 500 sq. ft. of the building will be used for retail, while the rest will
be used for candle preparation and storage. The zoning ordinance requires one parking space
per 200 square feet of building used for retail and one parking space per employee for non - retail
uses. The applicant predicts two deliveries by large truck per month: one delivery of wax and one
of jars. The primary sales have been to fund - raising organizations. There are presently two
employees.
Staff's main concern is any adverse impact that may be present offsite as surrounding area is
residential. The applicant is currently operating at this location and as Ranch Candles in Michael's
Plaza. Code Enforcement has recorded no complaints concerning these operations at either
location.
Developmental Requirements:
1. All developmental requirements apply. Full landscaping will be required for this project.
2. The property includes a closed alley. The property must be replatted to include this
property in order to have sufficient space for the planned addition.
Staff Recommended Conditions:
Staff recommends approval of this conditional use permit with the condition the rezoning request is
also approved.
Mr. Berg made a motion to approve this conditional use request. Mr. Richardson seconded the motion.
Mr. Stillson stated that a replatting is required because the closed alley has never been incorporated into
the lot. When asked about the gasoline tanks, Ms. Payne stated they had been removed.
Mr. Nelson stated that this business is a great improvement to this area.
The vote was unanimous in favor of approval of this request.
3. Construct a Church in Single Family -2
Stone Lake Estates, Phase 3, block 20, Lot 5
Case C 02 -04
Applicant ........... ............................... Martin Litteken, Jr.
Planning & Zoning Commission Page 4 of 4
Requested Action ............................. Conditional Use Permit
Purpose ............ ............................... Religious Assembly (Church) in SF -2
Property ............ ............................... Lot 5, Block 20, Phase 3, Stone Lake Estates
Zoning ............... ............................... Single- Family Residential - 2
Existing Land Use ............................ Vacant Land
Surrounding Land Use & Zoning ...... N: Vacant Land, GC -C
S: Vacant Land, SF -2
E: Vacant Land, SF -2
W: Vacant Land, SF -2
Analysis.
The applicant represents Grace Church, currently at 4301 Cedar Elm. The Church wishes to construct an
education center and a gym /fellowship hall. This proposal is the first phase of a three -phase project. The
second phase will add an administration office and chapel building. The third phase will add an auditorium.
The first phase is scheduled to begin around February, 2002. The second phase is scheduled for 2004.
The final phase will be dependant upon financial availability at that time.
This is an eleven -acre tract of land and is situated near the entry to Stone Lake Estates from Southwest
Parkway.
Developmental Requirements:
This is a vacant lot and all developmental requirements apply.
Staff Recommended Conditions:
Staff recommends approval of this conditional use permit with the following conditions:
1. The applicant shall renew the conditional use permit if there are significant changes to the
site plan as submitted as determined by the Department of Community Development.
2. The applicant shall renew the conditional use permit if all phases of the project are not
complete by the year 2008.
There was a motion to approve this conditional use request along with a second., and a second.
Two property owners were notified of this request. One replied in favor and none were opposed.
The conditional use request was approved with a unanimous vote in favor.
VI. OTHER BUSINESS
1. Council Update
a. Annexing and Rezoning 7.65 Acres of Land from SF -1 to SF -2; West Side of Gregg Road
South of Van Dorn Drive
b. Rezoning 1.6222 Acres of Land from SF -1 to GC; East Side of Wendover Drive, North of
Kell Blvd.
Mr. Clark stated that both rezonings were passed by Council. The renaming of Lake Park Drive to Taft
Blvd. was approved by Council.
2. Staff /Commission Discussion
Mr. Seese stated that at the next Planning and Zoning Commission meeting, there will be a case requesting
the renaming of Old Lake Road to Kemp Blvd.
Planning & Zoning Commission Page 5 of 5
Mr. Seese reported about HB 1445 requiring cities and counties to enter into interlocal agreements to adopt
one governing body's regulations relating to platting and subdivisions for ETJ areas.
VII. ADJOURN
The meeting adjourned at 2:20 p.m.
David Rhone, Chairman
ATTEST
Steve S&Cdse, City/-Vf'anning Administrator
Date
Date
Planning & Zoning Commission Page 6 of 6