Planning and Zoning Commission Minutes - 06/09/2010MINUTES
PLANNING & ZONING COMMISSION
June 9, 2010
PRESENT:
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1
L. O. Nelson, Chairman
♦ Members
Kevin Callahan
•
Warren Gardner
•
John Kidwell
♦ Alternate #1
Deborah Morrow
•
Vicky Payne
•
Ripley Tate
•
Peter Scott, Assistant City Attorney ♦ Legal Depart.
Kevin Hugman, Asst. City Manager ♦ City Staff
Marty Odom, Planner •
Leo Bethge, Planner •
Diane Parker •
ABSENT:
Larry Ash •
Jeremy Dorzab •
R. C. Taylor ♦ Alternate #2
John Stephenson •
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.
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CITY CLERK'S OFFICE
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P & Z COMMISSION PAGE 2 JUNE 9, 2010
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.
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 May 12, 2010 meeting. Ms. Morrow
seconded the motion. The minutes were approved with a unanimous vote.
IV. CONSENT AGENDA
No plats were received for the month of June, 2010.
CARPORTS:
1. Case C 10 -20
Carport in the Front Setback
1909 Deer Parkway
Mr. Wesley Gates requested conditional use approval to construct a carport in the front setback
of his residence on Deer Parkway. There are two (2) properties within the 200 foot perimeter of
this residence that have carports in the front setbacks.
Twenty -four (24) surrounding property owners were notified of this request. Three (3) or 12.5%
replied in favor and none (0) were opposed.
Mr. Callahan made a motion to approve the Consent Agenda; Mr. Tate seconded. The motion
carried.
V. REGULAR AGENDA
1. Case C 10 -19
Carport in the Front Setback
121 N. Glencoe Circle
Ms. Linda Koenig requested a conditional use permit to construct a carport in the front setback
at her residence. There is one (1) property within the 200 foot perimeter of this residence with
a carport in the front setback.
Twenty -five (25) surrounding property owners were notified of this request. Five (5) responded
in favor and one (1) responded opposed.
Mr. Gardner made a motion to approve this request; Mr. Tate seconded. The motion carried.
P & Z COMMISSION PAGE 3 JUNE 9, 2010
2. Case C 10 -16
Request for a conditional use permit to expand a nonconforming use by adding
an accessory structure (storage building) to a lot without a primary structure
Behind 4715 Stansbury Lane
Mr. Paul Groves requested a conditional use permit to expand a nonconforming use by adding
a 20' x 30' storage building to a land- locked parcel behind his residence located at 4715
Stansbury Lane. When he purchased the lot in 1991, it was not in the city limits. It was
annexed in 2005 as part of a larger annexation project. Mr. Groves was unaware that this lot
was annexed when he began the construction without a permit.
The Zoning Ordinance does require storage buildings to be on the same lot as the primary
residence. There was a small storage building on this lot when it was annexed; it was
considered a legally nonconforming or "grandfathered" accessory lot. The Zoning Ordinance
allows the expansion of a nonconforming use through the conditional use process.
Ten (10) surrounding property owners were notified of this request. Three (3) responded in
favor and none (0) were opposed.
Mr. Groves explained he would be storing his Sea Doo, a boat and a trailer.
Mr. Gardner made a motion to approve this request; Ms. Morrow seconded. The motion
carried.
3. Case C 10 -18
Request for a conditional use permit to operate a commercial daycare facility
3005 Barrywood (in the student center building, accessory to the First Assembly
of God Church, 3101 McNiel Avenue)
Mr. Johnny McClane requested conditional use approval to operate a commercial daycare
facility in an existing building on Barrywood in a Single Family -2 zoning district. The First
Assembly of God Church owns the student center located next door. They were proposing to
use the daycare building from 6:00 a.m. until 6:00 p.m. during the week.
Twenty -one (21) surrounding property owners were notified of this request. Two (2) responded
in favor and ten (10) opposed.
Mr. Odom stated that staff recommended a condition being placed on the approval that all
outdoor activities, such a playground, be limited to the front of the building instead of the rear of
the building to protect the residences located in the rear.
Mr. Gardner asked if there would be an increase in traffic due to the opening of this daycare.
Mr. McClane explained that there would not be an increase because traffic would enter and exit
the daycare via the Church parking lot to a circle drive.
Chairman Nelson stated that the comments from the surrounding property owners that were
opposed were taken into consideration by the members of this Commission.
Ms. Payne made a motion to approve this request with staffs recommendation; Mr. Gardner
seconded. The motion carried.
P & Z COMMISSION PAGE 4 JUNE 9, 2010
4. Case R 10 -02
Request to Rezone Lots 8 -11, Block 1, Southland Addition and adjacent right -of-
ways from Single Family Residential to General Commercial and amend the Land
Use Plan; and
Request to Rezone Lots 1 -7, Block 4, Southland Addition and adjacent right -of-
ways from Single Family Residential to General Commercial and amending the
Land Use Plan.
Mr. Kerry J. Maroney submitted a request on behalf of United Regional Health Care System
( URHCS) to rezone Lots 8 - 11, Block 1, Southland Addition, .78 acres out of E. A. Austin
Survey and the adjacent right -of -ways of Clark Street from Single Family Residential (SF -2) to
General Commercial (GC) and to amend the Land Use Map to designate this area as
commercial.
In addition, staff recommended rezoning Lots 1 -7, Block 4, Southland Addition, the adjacent
alley right -of -ways, and the adjacent right -of -ways of Marshal Street from Single Family
Residential (SF -2) to General Commercial (GC) and amending the Land Use Map to designate
this area as commercial. The purpose of this rezoning is to allow URHCS to build a parking lot.
Thirty -seven (37) surrounding property owners were notified of this request. Four (4)
responded in favor and none (0) were opposed.
Mr. Rick Carpenter, Vice President of Facilities Management for United Regional, and Mr.
Tyson Traw with Biggs and Mathews were present.
Mr. Tate made a motion to recommend to City Council to approve this rezoning request; Mr.
Gardner seconded. The motion carried.
VI. OTHER BUSINESS
City Council Update
Mr. Odom reported that, at the June 1, 2010 City Council meeting, the rezoning approving the
establishment of the new Commercial Corridor zoning district passed unanimously.
VII. ADJOURN
The meeting adjourned at 2:25 p.m.
elson, Chairman
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Marty Odom, DeW of C76mmunity Development
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