Planning and Zoning Commission Minutes - 04/08/2009U
MINUTES
PLANNING & ZONING COMMISSION
April 8, 2009
PRESENT:
Ripley Tate, Chairman ♦ Members
Larry Ash •
Kevin Callahan
Jeremy Dorzab
Warren Gardner
John Kidwell •
L. O. Nelson •
Deborah Morrow
R. C. Taylor ♦ Alternate #2
Charles Elmore ♦ Council Liaison
Kinley Hegglund, Senior Assist. City Attorney ♦ Legal Depart.
David A. Clark, Director of Community Development ♦ City staff
Marty Odom, Planner
Diane Parker
ABSENT:
Jeff Cooper ♦ Alternate #1
John Stephenson
I. CALL TO ORDER
The meeting was called to order by Chairman Tate at 2:00 p.m.
II. APPROVAL OF MINUTES
Mr. Ash made a motion to approve the minutes of the March 11, 2009 meeting. Mr. Taylor
seconded the motion. The minutes were approved with a unanimous vote.
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:
,i
P'& Z COMMISSION PAGE 2 APRIL 8, 2009
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. B. R. D. Subdivision, Lots 1 -A and 1 -B, Block 1 [replat] (Apr. '09)
a. Provide utility slips.
b. Comply with storm water detention requirements in accordance with City
Ordinance and Criteria. (Public Works)
c. Private water line cannot cross property lines (Public Works)
d. All lots must be served by an approved sewer system. (Public Works)
e. Comply with rear and side setback requirements
f. Additional easements may be required. (ONCOR)
CARPORTS:
1. Case C 09 -10
Carport in the Front Setback
4101 Palomino Street
Mr. David Helms requested conditional use approval to construct a carport in the front setback
of his residence. There are five (5) properties within 200 feet of the perimeter of the property
with a carport in the front setback. Twenty -four (24) surrounding property owners were notified
of this request. Seven (7) responded in favor and none (0) were opposed.
2. Case C 09 -13
Carport in the Front Setback
4713 Hollandale Avenue
Mr. Joseph Street requested conditional use approval to construct a carport in the front setback
of Carol Humphreys' residence. There is one (1) carport within 200 feet of the perimeter of the
property with a carport in the front setback. Thirty -one (31) surrounding property owners were
notified of this request. Nine (9) responded in favor and none (0) were opposed.
Mr. Nelson made a motion to approve the Consent Agenda. Mr. Callahan seconded the
motion. The Consent Agenda passed with a unanimous vote.
P'& Z COMMISSION PAGE 3 APRIL 8, 2009
IV. REGULAR AGENDA
1. Case C 09 -08
Carport in the Front Setback
1035 Harris
Mr. Chris Newman requested conditional use approval to construct a carport in the front
setback of his residence. There are no (0) properties within 200 feet of the perimeter of the
property with a carport in the front setback. Fifteen (15) surrounding property owners were
notified of this request. Two (2) responded in favor and one (1) was opposed.
Mr. Newman stated he wanted a carport for protection from the trees and weather for his
vehicle.
Mr. Clark stated that the person submitting the negative response brought photographs to the
Planning office because he was unable to attend this meeting. The main concern seemed to
be the number of cars in the street. Mr. Newman stated the carport would alleviate the street
parking; the cars would be moved to the carport and driveway.
Mr. Kidwell made a motion to approve this request; Mr. Gardner seconded. The carport was
approved with a unanimous vote.
2. Case C 09 -09
Carport in the Front Setback
1209 N. 7th Street
Mr. Juan Chavez requested conditional use approval for his previously constructed carport in
the front setback at his residence. If this request is approved, the carport must be altered to
meet the appropriate side setbacks and be brought into compliance with the building codes.
There is one (1) property within 200 feet of the perimeter of the property with a carport in the
front setback. Twenty -six (26) surrounding property owners were notified of this request. Two
(2) responded in favor and one (1) was opposed.
Mr. Nelson noted the negative response but stated he did not find it relevant to the case.
Mr. Ash made a motion to approve this request; Mr. Nelson seconded. The carport was
approved with a unanimous vote.
3. Case C 09 -11
Carport in the Front Setback
3017 Stearns Avenue
The applicants for this case, Jennifer and Humberto Moreno, requested conditional use
approval for the existing carport at their residence. If this request is approved, the carport must
be altered to meet the code requirements for front setback carports. There are two (2)
properties within 200 feet of the perimeter of the property with a carport in the front setback.
Ms. Moreno stated she was unaware that this carport would require a permit to be installed.
She commented that there are two carports in the area with the ten poles, 3000 Rhea and 3005
Rhea.
P'& Z COMMISSION PAGE 4 APRIL 8, 2009
Councilor Elmore asked if the structural integrity will be affected by removing four of the ten
poles. Mr. Odom replied that the Building Inspection would assist the applicants in meeting the
appropriate codes.
Mr. Gardner made a motion to approve this request; Mr. Kidwell seconded. The carport was
approved with a unanimous vote in favor.
4. Case C 09 -14
Request for a conditional use permit to allow a 16' extension to an existing 168'
tall communications tower
2216 Sheppard Access Road
Mr. Marc Johnson representing Wireless Horizon requested conditional use approval to add a
16' extension to an existing 168' tall communications tower. This 168' tower was constructed in
1998 prior to the adoption of the Communications Tower Ordinance (2000). Twenty -one (21)
surrounding property owners were notified of this request; four (4) responded in favor and none
(0) were opposed.
Mr. Odom noted that one of the staff recommendations for approval should be changed to read:
1. Engineering documentation is provided showing that there is no increase in the fall
characteristics in the event of a collapse of this tower.
Twenty -one (21) surrounding property owners were notified of this request. Four (4) responded
in favor and none (0) were opposed.
Mr. Johnson stated he is submitting a letter from the American Tower Corp. engineers stating
the fall characteristics show the top 16' will fail first by falling onto the existing tower. As the
installer of this tower, he stated all towers fall differently. This tower is based on wind speed of
a maximum of 130 mph. The 16' will be bolted to the existing tower. When asked if a car were
to hit the tower, Mr. Johnson responded it would probably hit on the leg or the face. The tower
would collapse onto itself depending on the wind. Tornadoes and ice are the main factors
causing towers to collapse.
Mr. Chris Prescott, owner of the tower, stated the extension is for flush mounted antennas for
Flat Wireless.
Mr. Alan Palmatery, property owner, stated he was interested in the process that was required
for the conditional use process. Chairman Tate explained that any time there is an impact to
the community, the ordinance requires neighborhood notification within 200 feet of the
perimeter of the subject property.
Mr. Ash made a motion to approve this request; Mr. Taylor seconded. The tower was approved
with a unanimous vote in favor.
V. OTHER BUSINESS
City Council Update
Mr. Clark stated that the sign ordinance was passed by City Council. The alternative
energy ordinance was tabled to review regulations and will be heard at the next
meeting.
P'& Z COMMISSION PAGE 5 APRIL 8, 2009
VI. ADJOURN
The meeting adjourned at 2:30 p.m.
iple�/Tate, Chairman
ATTEST:
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David A. Clark, Director of Community Development
Dat
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CITY CLERK'S OFFICE
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