Planning and Zoning Commission Minutes - 09/08/2010f I
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MINUTES
PLANNING & ZONING COMMISSION
SEPTEMBER 8, 2010
PRESENT:
L. O. Nelson, Chairman
♦ Members
Larry Ash
•
Kevin Callahan
•
Jeremy Dorzab
•
Warren Gardner
•
Deborah Morrow
•
Vicky Payne
•
Ripley Tate
•
John Stephenson
•
Kinley Hegglund, Senior Assist. City Attorney ♦ Legal Depart.
Kevin Hugman, Asst. City Manager ♦ City staff
Marty Odom, Planner •
Leo Bethge, Planner
Diane Parker •
ABSENT:
John Kidwell ♦ Alternate #1
R. C. Taylor ♦ Alternate #2
I. CALL TO ORDER
The meeting was called to order by Chairman Nelson at 2:00 p.m. Chairman Nelson then
proceeded to make the following comments:
a. This meeting is being broadcast live on Channel 11. It will be replayed at 2:00 p.m.
daily including Saturday and Sunday until the next live meeting is aired which will be the second
Wednesday of next month at 2:00 p.m.
b. 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 and vote accordingly.
c. 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.
This meeting is being taped and there is no microphone to record statements made from the
audience.
d. Please silence all cell phone ringers during the meeting. If it is necessary for you to
have a cell phone conversation during the meeting, please do so in the hallway outside this
room.
P & Z COMMISSION September 8, 2010
II. PUBLIC COMMENTS
No one from the audience wished to address the Commission.
III. APPROVAL OF MINUTES
Mr. Gardner made a motion to approve the minutes of the August 11, 2010 meeting. Mr. Ash
seconded the motion. The minutes were approved with a unanimous vote.
IV. CONSENT AGENDA
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:
Standard Conditions of Approval for Final Plats
• Provide utility and drainage easements as required by utility companies and Director of
Public Works.
• Submit water and sewer plans; street; sidewalk; and drainage plans to the Director of
Public Works and water plans to the Fire Marshall. 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 & Transportation.
Note: Approval of a plat does not imply approval of development of property in violation
of the Zoning Ordinance.
FINAL PLAT:
Expressway Village, Section 27, Block 1, Lots 1 -15
a. Lot access off of Missile Road is not permitted. (Planning)
b. Sanitary sewer main must be extended from existing system in order to provide
service to this subdivision. (Engineering)
C. City's stormwater requirements must apply to this subdivision. (Engineering)
d. Proposed detention pond must be located on a separate tract, dedicated to the
city, with provided access for maintenance. (Engineering)
e. Proposed alley and entrance improvements must meet minimum city standard
construction requirements. (Engineering)
f. An additional 10 foot dedicated utility easement is required along west property
line of Lot 1 and east property line of Lot 15. In addition, along the south
property line of Lots 1 to 15 will require a 10 foot dedicated utility easement, to
be added prior to final plat approval. (Oncor)
P & Z COMMISSION
CARPORTS:
1. Case C 10 -25
Carport in the front setback
4645 Sierra Madre
September 8, 2010
Mr. Ricky Hopkins requested conditional use approval to construct a carport within the front
setback at 4645 Sierra Madre. One (1) property within 200' of the perimeter of this property has
a carport located in the front setback.
Nineteen (19) surrounding property owners were notified of this request. Three (3) replied in
favor; none (0) responded as opposed; and, two (2) responded as undecided or no opinion.
2. Case C 10 -27
Carport in the front setback
4611 Stanford
Mr. Randy Ketner of A & E Blind and Awning requested conditional use approval to construct a
carport within the front setback at 4611 Stanford Avenue. There are four (4) properties within
200' of the perimeter of this property that have carports in the front setbacks.
Eighteen (18) surrounding property owners were notified of this request. Three (3) replied in
favor; and, none (0) responded as opposed.
Mr. Gardner made a motion to approve the Consent Agenda; Mr. Tate seconded. The motion
carried.
V. REGULAR AGENDA
Notification Replat
Approval to allow the vacating and realignment of all building limit lines
Sikes Estates, Unit 1, Section G, Block 3, Lot 22A
(2705 Shepherds Glen)
This is a proposed replat of a residential lot located at the corner of Greenhollow and
Shepherds Glen. The purpose of the replat is to exchange the 25' front setback and the 15'
exterior side setback to coincide with the home's original footprint (1984) and allow construction
of accessory structures in the backyard.
Twenty (20) surrounding property owners were notified of this request. Three (3) replied in
favor; none (0) responded as opposed; and, one (1) responded as undecided or no opinion.
Mr. Gardner made a motion to approve this request; Ms. Morrow seconded. The motion
carried.
2. Case C 10 -26
Request for conditional use approval to allow outdoor storage in General
Commercial (GC)
1206, 1208, 1210, and 1212 Kemp Blvd.
Ms. Amy Neal requested conditional use approval to allow outdoor storage for children's resale
items on four (4) lots within a General Commercial (GC) zoning district. Her business, Wear It
P & Z COMMISSION September 8, 2010
Again Sam, consists of four (4) structures in the 1200 block of Kemp Blvd. Resale items are
displayed on the front porch and front lawns at these locations. The resale items are used, and
are classified as outdoor storage in the Zoning Ordinance. The business has been in operation
for some time without a conditional use approval. Outdoor storage requires a conditional use
permit within the GC district.
Twenty -four (24) surrounding property owners were notified of this request. Four (4) replied in
favor; and, zero (0) responded as opposed.
Ms. Neal, owner of Wear It Again Sam, stated she does not define the use of her business as
outdoor storage. She considers her goods as used retail merchandise. She further stated if
she cannot display her merchandise it will negatively affect her business.
Mr. Odom stated the ordinance defines display as new items, and used items as outdoor
storage.
Ms. Payne asked what her options would be if her merchandise is not displayed. Mr. Odom
stated the items could be screened. He further stated screening the rear of her property would
comply with the outdoor storage definition. In addition, he stated the new Commercial Corridor
District does not permit outdoor storage; therefore, a zoning change would not resolve the
issue.
Ms. Neal suggested displaying less merchandise and noted the items were only displayed
during daytime business hours. Chairman Nelson agreed with this compromise.
Mr. Hegglund, Senior Assistant City Attorney, stated, based on Section 46.157 of the City
Ordinance regarding the definition of outdoor storage, if the applicant stores merchandise
outside even for a short time, then these goods are considered outdoor storage since they are
on display. He continued by asking the Commission if an alternative condition, such as
displaying the merchandise on the front porch, the concrete surfaces, and rear area, might be
considered.
Ms. Neal mentioned theft was a concern if the merchandise is placed in the rear out of her
direct sight.
Ms. Payne stated, as a consumer, she would not mind walking to the back of the property, to
see the merchandise, knowing that this store has larger goods that cannot all be displayed in
the front yard. Ms. Neal commented that her merchandise does not present an unattractive
display. She further noted it takes a great deal of work to set up the merchandise every day.
Chairman Nelson stated the Commission can place conditions on the approval because the
property is in a GC zone. He further stated fencing would not be the solution and placing items
in the rear would not meet her business needs. He recommended using the front area limited
to the concrete areas and the porch.
Mr. Tate asked city staff if there have been any complaints about the business. Mr. Odom
stated over the past nine (9) years there have been none. Mr. Tate further acknowledged the
following objectives:
1) Rear yard screening would not be appropriate,
2) The use of the concrete surfaces (compared to grass) is not a viable
compromise;
3) The outdoor storage ordinance is somewhat vague;
` P & Z COMMISSION September 8, 2010
4) The Commission is dealing with unintended consequences;
5) The ordinance does not make exceptions for certain existing businesses in this
specific GC area;
6) The City could possibly lose an opportunity to attract new businesses in GC; and
7) This ordinance could negatively impact the area.
Mr. Odom suggested the motion should include all concrete areas not be expanded.
Chairperson Nelson felt that idea might be too restrictive. Mr. Odom recommended the
placement of merchandise only along the existing strip in front of the business and not on the
front driveways. Chairperson Nelson agreed. Ms. Neal approved this compromise, and further
stated her intent was never to concrete her yard.
Chairperson Nelson recommended amending the original motion. Mr. Callahan made a motion
to allow display of merchandise along the front porch and contiguous concrete area, exempting
the front driveway. The motion was seconded by Ms. Morrow. The motion carried.
Mr. Tate made a motion to approve the original motion; Mr. Callahan seconded. The motion
carried unanimously.
Mr. Stephenson followed Mr. Tate's previous objectives suggesting staff and the Commission
might review the outdoor display ordinance in the near future.
VI. OTHER BUSINESS
City Council Update
Mr. Odom stated the rezoning for Grace Church, at 5214 Stone Lake Drive, was approved to be
rezoned as Conditioned General Commercial. The property at 1414 32nd Street was also
approved to be rezoned as General Commercial.
VII. ADJOURN
The mee ad�'ourned,,at 2:40 p.m.
L. O. Nelson, Chairman
ATTEST:
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Marty Odom, ept
unity Development
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