Planning and Zoning Commission Minutes - 03/10/2010MINUTES
PLANNING & ZONING COMMISSION
March 10, 2010
PRESENT:
L. O. Nelson, Chairman
♦ Members
Jeremy Dorzab
•
Warren Gardner
•
John Kidwell
♦ Alternate #1
Deborah Morrow
•
Ripley Tate
•
R. C. Taylor
♦ Alternate #2
John Stephenson
•
Charles Elmore ♦ Council Liaison
David A. Clark, Director of Community Development ♦ City staff
Marty Odom, Planner •
Leo Bethge, Planner •
Diane Parker •
ABSENT:
Larry Ash •
Kevin Callahan •
Vicky Payne •
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."
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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MARCH 10, 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. 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.
1. Certain -Teed Products Addition, Block 1, Lot 1 -A and Lot 1 -B
a. Provide utility slips. (Planning)
b. Provide owner's name, address and phone number. (Planning)
c. Indicate Denton County instead of Denton County, as part of the legal description.
(Planning)
d. Access point onto Southwest Parkway and Allendale Road must have TxDOT
approval. (TxDOT)
e. Verification of access onto Southwest Parkway is requested due to proximity of
railroad crossing. (Engineering)
f. Explain how water and sewer will serve Lot 1 -A and Lot 1 -B. Water and sewer
services cannot be shared between separate properties. (Engineering)
g Provide an access easement for the existing RR tracks which extends into both Lot
1 -A and Lot 1 -B. (Engineering)
h There is an existing drainage channel along the north edge of Lot 1 -13, per WCWID
No. 2. If the drainage channel is on site, then a drainage easement for this facility is
required. A study is also required to determine the size needed for the channel
capacity. The channel must be improved prior to the city accepting the channel.
(Engineering)
i This property must comply with the City's storm water detention ordinance.
(Engineering)
P & Z COMMISSION PAGE 3 MARCH 10, 2010
CARPORTS:
1. Case C 10 -06
Carport in the Front Setback
1406 Hunt Street
Ms. Diana Henderson requested conditional use approval to construct a carport in the front
setback of her residence on Hunt Street. There are three (3) properties within the 200 foot
perimeter of this residence that have carports in the front setbacks.
Twenty -nine (29) surrounding property owners were notified of this request. Three (3)
responded in favor and none (0) were opposed.
2. Case C 10 -07
Carport in Front Setback
3709 Clovis Drive
Mr. Randy Ketner requested conditional use approval to construct a carport in the front setback
of the above listed house on Clovis Drive. There are three (3) properties within the 200 foot
perimeter of this residence that have carports in the front setbacks.
Fifteen (15) surrounding property owners were notified of this request. Three (3) responded in
favor and none (0) were opposed.
Mr. Gardner made a motion to approve the Consent Agenda; Mr. Tate seconded. The motion
carried.
IV. REGULAR AGENDA
1. Case C 10 -08
Request for a Conditional Use Permit for the continuance of on- premise alcoholic
beverage sales and service within 300' of a school, and adjacent to a Single
Family -2 zoning boundary
3064 Seymour Highway
Mr. James Nicholson requested conditional use approval to continue an alcoholic beverage
permit for his restaurant located on Seymour Highway. Previously on this site was a restaurant
which ceased operations around 2008. The applicant is proposing to open a new restaurant
that will have alcoholic beverage sales. The previous restaurant had an alcoholic beverage
license until approximately 1997.
This site is within 300 feet of a public school; however, an alcohol permit was in place prior to
the establishment of that school and it [the permit] was considered to be grandfathered. Two
years have passed since the last alcohol permit was active; consequently, the grandfathering
status for alcoholic beverage sales is no longer valid.
Conditional use approval is also required for the continuance of the non - conforming use to
permit alcoholic beverage sales next to single family zoning.
Seven (7) surrounding property owners were notified of this request. No (0) responses were
received in favor or opposed and one (1) was received marked undecided /no opinion.
P & Z COMMISSION PAGE 4
MARCH 10, 2010
Mr. Nicholson stated that he would like to open a new restaurant specializing in catfish and be
able to provide customers alcohol with lunch and dinner. There is a liquor store and a
gentlemen's club located in the vicinity. He noted that his restaurant would "class up the area."
Mr. Stephenson and Mr. Taylor stated they did not see a problem with approving this case.
Mr. Taylor made a motion to approve this conditional use permit; Mr. Kidwell seconded. The
motion carried.
V. OTHER BUSINESS
1. Discussion Item
Commercial Corridor District
Mr. Clark stated the Commercial Corridor District has been a topic for this Commission for quite
some time. City Council also considered this project in the Vision 20/20 plan. It has now
become a more detailed plan with the development of a potential ordinance. Staff had a
meeting with Chairman Nelson, an architect, and several real estate developers for their input.
The property owners affected by the creation of this new zone will receive a mailing inviting
them to an informational meeting.
Mr. Odom reviewed the Land Use Table comparing the new zone [Commercial Corridor] with
both Limited Commercial (LC) and General Commercial (GC). He then explained the proposed
zone in detail.
Landscaping, as it pertains to this new district's sign regulation, was discussed by Councilor
Elmore and the Commission. Councilor Elmore stressed that being too restrictive might cause
businesses to locate outside the district. Mr. Clark referenced the Brook Avenue District by
comparison stating it has been quite successful as a transitional zone. He noted that in the
proposed district there are some finished elements, landscaping requirements, and unique
signage which will lead to an ultimately more attractive area. It was noted that existing
businesses will not be required to change; however, new construction or remodeling will
necessitate a review of the proposed district.
Mr. Stephenson inquired about oil drilling; Mr. Odom replied that drilling was permitted in every
zoning district in the City but it is ultimately regulated by the State of Texas.
2. City Council Update
Mr. Clark stated that there was no action from this Commission at the last City Council meeting.
VI. ADJOURN
The meeting adjourned at 2:30 p.m.
L. OLNelson, Chairman
C y -iyi6
Date
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ATTEST:
--11/1 4 /to
Marty Odom for David A. Clark �. of Community Development
Date