Planning and Zoning Commission Minutes - 05/12/2010MINUTES
PLANNING & ZONING COMMISSION
May 12, 2010
PRESENT:
L. O. Nelson, Chairman ♦ Members
Kevin Callahan •
Jeremy Dorzab •
Warren Gardner •
Deborah Morrow •
Vicky Payne •
Ripley Tate •
John Stephenson •
Miles Risley, City Attorney ♦ Legal Dept.
Kinley Hegglund, Senior Assistant City Attorney •
Kevin Hugman, Asst. City Manager • staff
Marty Odom, Planner •
Leo Bethge, Planner •
Diane Parker •
ABSENT:
Larry Ash ♦ Members
John Kidwell •
R. C. Taylor •
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.
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CITY CLERK'S OFFICE
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P & Z COMMISSION PAGE 2
MAY 12, 2010
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.
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 April 14, 2010 meeting. Mr.
Stephenson seconded the motion. The minutes were approved with a unanimous vote.
IV. CONSENT AGENDA
1. 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.
a. Highland Addition, Block 62 -A, Lot 1 -A
1. Provide utility slips. (Planning)
2. Any expansion of the facility will require a Conditional Use. (Planning)
2. Carports
a. Case C 10 -12
Carport in the Front Setback
4101 Cynthia Lane
Mr. Marvin Craft requested conditional use approval to construct a carport in the front setback
at his residence. There are three (3) carports within the 200 foot perimeter of this residence
that have carports in the front setbacks.
P & Z COMMISSION PAGE 3 MAY 12, 2010
Twenty -three (23) surrounding property owners were notified of this request. One (1) or 4.35 %
responded in favor; none (0) were opposed; and one (1) or 4.35% responded as undecided or
other.
b. Case C 10 -13
Carport in the Front Setback
4115 Pecos Street
Mr. Vo Thanh Phuong requested conditional use approval to construct a carport in the front
setback of his residence. There are eight (8) properties within the 200 foot perimeter of this
residence with carports in the front setback.
Thirty -five (35) surrounding property owners were notified of this request. Eight (8) or 22.86%
responded in favor and none (0) were opposed.
Mr. Tate made a motion to approve the Consent Agenda; Ms. Payne seconded. The motion
carried. Chairman Nelson noted that the two carports were approved and the applicants could
proceed with applying for their building permits.
V. REGULAR AGENDA
Case C 10 -14
Request for a Conditional Use Permit for the Construction of a Personal Wind Turbine
Monopole Tower
2557 Maverick Trail
Mr. Herman Nehlsen requested conditional use approval to place a 73.5 foot tall wind energy
system at his residence on Maverick Trail. The proposed location will meet the setback
requirement of the overall height of the structure. The ordinance requires these distances meet
a sound level of less than 35 decibels at the property lines.
This is the second request for a wind generator since the adoption of the ordinance in 2009,
and the first for a residence.
Six (6) surrounding property owners were notified of this request. One (1) or 16.67%
responded in favor and one (1) or 16.67% was opposed.
Mr. Nehlsen gave a detailed explanation of the efficient improvements he made to the
conservation status of his residence. The wind generator will lower his utility bill by 30 — 90%
with a payback will be in approximately five (5) years.
Mr. Nelson noted that one (1) response was opposed; however, there were no written
comments and this person did not attend this meeting. The Commission would like to know
what the concerns are when citizens respond in opposition in order for them to be addressed.
Ms. Payne stated she was in favor of alternative energy.
Mr. Tate made a motion to approve this request; Mr. Gardner seconded. The motion carried.
P & Z COMMISSION PAGE 4 MAY 12, 2010
2. Case C 10 -15
Request for a Conditional Use Permit for Off - premise Package Store Sales
(Liquor Store)
1123 Central Freeway East
Mr. Mohammad Haq requested a conditional use permit for off - premise package store sales at
1123 Central Freeway East. An off - premise package store sales permit allows for the sale of
distilled liquors, wines, malt liquors, and beers in unbroken original containers for off - premise
consumption.
The applicant owns and operates this facility which has both a convenience store and a
restaurant. He proposed to convert approximately 525 sq. ft. of the restaurant to a package
store that will have only access from the outside, not through the convenience store. The drive -
thru window will be used for the package store. Currently this location has an off - premise beer
and wine sales permit.
Four (4) surrounding property owners were notified of this request; no (0) responses were
received.
Mr. Haq stated that he has been operating this station for the last 18 years. With the
competition of Flying J and Love's, he opened an A & W Restaurant which did not prove
profitable. He feels diversification to a package store would be a lucrative alternative.
Mr. Gardner made a motion to approve this conditional use request; Ms. Morrow seconded.
The motion carried.
3. Case TA 10 -01
Proposed Text Amendments to Section 3000 (Zoning Districts) of the Zoning Ordinance
to Create a New Special Purpose Zoning District Section 3900 CC Commercial Corridor
District, and Associated Amendments to Section 5400 Alcoholic Beverage Sales and
Service.
This item concerned the creation of the proposed new Commercial Corridor zoning district.
There are three (3) sections of the Zoning Ordinance that need to be amended.
Section 3900 was reviewed with the changes from the property owners that attended the
neighborhood meeting in April. Mr. Odom proceeded to review all the changes made since the
last update.
Mr. Stephenson questioned the lighting requirement, such as lighting directed at traffic on the
street. Mr. Odom stated if the lighting became a traffic hazard, there would be other City
ordinances that would take care of that matter.
Mr. Tate asked about the retail trade, excluding car lots, and if the current lots would be
grandfathered. Mr. Odom replied that they would be; however, if a nonconforming use closes
for two (2) years or more, they lose their grandfathering or nonconforming status. There is a
provision to allow a business to come before this Commission to apply for nonconforming
P & Z COMMISSION PAGE 5 MAY 12, 2010
status. Mr. Odom stated that if a business goes to a conforming use from a nonconforming
use, they lose their nonconforming status.
Chairman Nelson noted that this entire process has been long with a lot of hard work involved.
Mr. Tate made a motion to recommend approval of this text amendment to City Council; Mr.
Stephenson seconded. The motion carried.
Mr. Odom stated that if this zone is approved by City Council then the area on Kemp between
Avenue C and Avenue M will be rezoned.
VI. OTHER BUSINESS
City Council Update
Mr. Odom stated that there no items presented to City Council by the Commission.
Dave Clark's Retirement
Chairman Nelson noted that at the City Retirement Program on April 29, 2010 for Mr. Clark the
Planning and Zoning Commission presented a plaque for his appreciation and achievement.
This award was a positive reminder for his interaction with the Planning and Zoning
Commission and had all Commission members names on the award.
VII. ADJOURN
The meeting adjourned at 3:00 p.m.
d
L. O. Nelson, Chairman
ATTEST:
Marty Odom, Cd4=ity
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