Loading...
Planning and Zoning Commission Minutes - 11/10/1999MINUTES PLANNING & ZONING COMMISSION November 10, 1999 PRESENT: David Rhone, Chairman Cliff Berg Lou Ann Phillips Lin Purtle Danny Richardson Rusty Sons Randy Wachsman Greg Wright Bruce Harris Ken Birck (seated in audience, did not vote) David A. Clark, Director of Community Development Steve Seese, Planning Administrator Paul Stillson, Planner II Diane Parker, Recording Secretary ABSENT: Earl Rooks I. CALL TO ORDER The meeting was called to order by Chairman Rhone at 2:00 p.m. 11. PUBLIC COMMENTS No one from the audience wished to address the Commission. M la -$ --99 . Members • Alternate #1 • Alternate #2 Staff III. APPROVAL OF MINUTES Mr. Wright made a motion to approve the minutes of the October 13, 1999 meeting. Mr. Berg seconded the motion. The minutes were approved with a unanimous vote. IV. CONSENT AGENDA Public Hearing on Preliminary Plats • Provide utility and drainage easements as required by utility companies and the Director of Public Works. Planning & Zoning Commission November 10, 1999 Page 1 • Submit water and sewer plans to the Utilities Engineer; water plans to the Fire Marshall and street, sidewalk and drainage plans to the Director of Public Works. 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 and Transportation. • Submit two (2) copies of corrected preliminary plat to Planning Division before final platting. Note: Approval of a plat does not imply development of property in violation of the Zoning Ordinance. Recommend approval subject to standard conditions and any specific conditions listed below: 1. Bridge Creek Estates (Nov. 99) a. Show 10 ft. easement along east line of Lot 2, Block 2. b. Redesign Joy Lane so that there is a definite division between Joy Lane and Shady Grove or seek Council approval of a street name change for Shady Grove. C. Coordinate medians with Parks and Recreation Director. d. Identify platted commercial areas with boundary lines. e. Show building limit lines on Lots 1,2 & 3, Block 10. f. Identify lines drawn along the east line of Lot 3, Block 10. g. Draw easement line along east line of Lot 3, Block 2. h. Extend water and sewer to all unserved lots. (PUBLIC WORKS) i. Construct all proposed streets and drainage improvements. (PUBLIC WORKS) j. Provide stormwater detention. (PUBLIC WORKS) 2. Canyon Trails (Nov. 99) a. Identify previously platted lots. b. Complete boundary of Lots 106A & 136. C. Consult with Director of Parks and Recreation for park dedication. If not accepted by the City, label "Private Park." d. All open spaces and park area shall be given lot numbers. (PUBLIC WORKS) e. Extend water and sewer to serve all lots. (PUBLIC WORKS) f. Construct all internal streets and drainage improvements. (PUBLIC WORKS) g. Provide stormwater detention. (PUBLIC WORKS) h. Provide detail of Turtle Creek Road and Canyon Trails Drive intersection. (PUBLIC WORKS) i. Additional easements to be obtained from Biggs and Mathews. (TXU) Public Hearing on Final Plats • Provide utility and drainage easements as required by utility companies and the Director of Public Works. • Submit water and sewer plans to the Utilities Engineer; water plans to the Fire Marshall and street, sidewalk and drainage plans to the Director of Public Works. 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 and Transportation, if underground electric utilities are to be provided. Planning & Zoning Commission November 10, 1999 Page 2 Recommend approval subject to standard conditions and any specific conditions listed below: 1. Airport Addition, Lots 1A & 2A, Block 1 (Nov. 99) a. Provide signed copy. b. Provide utility slips C. Provide additional dimensions on the location of Texas Hwy. Department easement. d. Lots 1A and 2A are served by water and sewer. (PUBLIC WORKS) e. Provide stormwater detention. (PUBLIC WORKS) 2. Bridge Creek Estates, Lots 2 & 4, Block 2 (Nov. 99) a. Provide 10 ft. drainage easement along the east line of Lot 2. b. Show existing right -of -way for Medical Drive. C. Extend water to serve Lot 2. (PUBLIC WORKS) d. Lot 4 is served by water. (PUBLIC WORKS) e. Lots 2 and 4 are served by sewer. (PUBLIC WORKS) f. Provide stormwater detention. (PUBLIC WORKS) 3. Canyon Trails, Section six, Lots 58 -61 and 91 -94C and 134A (Nov. 99) a. Provide signed copy. b. Provide utility slips. C. Label right -of -way width of "Some Circle" at Canyon Ridge. d. Provide desired street name for "Some Circle" use "Court" instead of "Circle." e. Extend water and sewer to serve all lots. (PUBLIC WORKS) f. Extend streets to serve lots. (PUBLIC WORKS) g. Provide stormwater detention. (PUBLIC WORKS) h. Do not need blanket utility easements for Lots 136A & 94C. If specific utilities are to be placed in these lots, show 15 foot utility easements in their proposed locations. (PUBLIC WORKS) i. Show sanitary sewer easements as utility easements. (PUBLIC WORKS) j. Sanitary sewer easement on Lot 61 shall be 15 feet. (PUBLIC WORKS) k. Additional easements to be obtained from Biggs and Mathews. (TXU) I. Label open space "Private." (PARKS) 4. Lane's Wash Addition, Block 1, Lot 1 (Nov. 99) a. Dedicate right -of -way at the intersection of Brook and Kell for a 50 ft. radius turn lane as required by TxDOT. b. Lot is served by water and sewer. (PUBLIC WORKS) C. Show existing 8" sewer line crossing property and dedicate a 15 foot easement for sewer line. d. All driveways along Kell Blvd. Require TxDOT approval. S. USPS /Hatton Addition, Block 1, Lot 1 (Nov. 99) a. Delete "for road purposes" from right -of -way dedication. b. Show 25 foot building limit line measured from the new property line along Hatton Road. Show boundary of Hatton with a solid line. Label 70 ft. right -of -way as "previously dedicated ". C. Provide 15 ft. utility easement as required by TXU d. Provide 15 ft. utility easement described by Keith Cook (405) 416 -8162 of C.H. Guernsey & Company, the civil engineers for this plat. e. Provide statement of acknowledgment for the signature of the Planning and Zoning Commission Chairman and Secretary. f. Provide signed utility clearance forms. g. Provide owner, notary, and surveyor's signatures. h. Place note on plat: "Property is adjacent to Kickapoo Airport runway. Federal Aviation Administration (FAA) approval is required prior to constructing any vertical structures on this property." i. Lot is served by water and sewer. (PUBLIC WORKS) j. Provide stormwater detention. (PUBLIC WORKS) Planning & Zoning Commission November 10, 1999 Page 3 k. Additional easements to be obtained. (TXU) Mr. Harris made a motion to approve the Consent Agenda. Ms. Purtle seconded the motion. The Consent Agenda passed with a unanimous vote in favor. V. REGULAR AGENDA 1. Revocation of a Conditional Use Permit Neon Spur, 202 North Burnett Case C 99 -18 Mr. Sons made a motion to approve the revocation of their permit. Mr. Wright seconded the motion. Mr. Seese stated the Neon Spur has recently begun compliance with the condition to install a sound wall. Mr. Seese commented that substantial progress has been made and staff would like to withdraw this item from the agenda. 2. Rezone from MFR to GC(c) 4.99 Acres out of Lot 10, Block 19, Fountain Park Section 4 -A Case R 99 -12 Applicant .............. .............................R. J. Wachsman Requested Action: ............................ Rezone from Multifamily to General Commercial Conditioned zoning. Purpose: ........................................... For future commercial development. Property: ................. ...........................4.99 acres out of Lot 10, Block 19, Fountain Park, Section 4 -A Existing Land Use: ............................ Vacant Surrounding Land Use & Zoning:...... N: Fountain Park Subdivision, SF -2 S: Vacant Land, GC E: Rolling Meadows, MFR W: Vacant Land, GC Analysis: The property is 4.99 acres out of Lot 10, Block 19, Fountain Park, Section 4 -A. It is the western portion of a platted lot occupied by Rolling Meadows Retirement Complex. The owners of Rolling Meadows have sold the tract as excess property. To the north is Cromwell Avenue, a portion of Fountain Park. Cromwell Avenue has recently been extended. No homes have been constructed along the new section of street. The Board of Commerce and Industry and the owners of the property have been pursuing a major employer that is expected to hire several hundred employees. The use is expected to be an office building. Due to confidentiality, the developers are not able to release the name of the potential employer. The buyers have a limited amount of time to make their decision, and require that the zoning is appropriate for their use. With a typical rezoning request, the Commission hears the case on the second Wednesday of the month. The City Council then receives the proposed ordinance with the Commission's recommendation for action on the first Tuesday of the following month. Because of the unique circumstances associated with this request the City Council is being asked to respond to the rezoning recommendation at the soonest possible date: November 16`h. The staff has prepared a schedule that will meet the zoning ordinance notification requirements and the requested accelerated timetable. Planning & Zoning Commission November 10, 1999 Page 4 Due to the location of the parcel in question, typical rezoning signs would not be effective since there is no street frontage that would provide the customary notice of this action. Therefore, extraordinary measures are being taken to provide public notice. An adjacent property owner has agreed to allow his property to be used for placing a much larger sign notifying of the rezoning along the Kell Freeway frontage. The developers and staff have negotiated a "conditioned" zoning district because of this property's proximity to residential development. The 4.99 -acre tract is adjacent to existing general commercial property along Kell frontage roads. If the property is rezoned, it will be combined with property on the frontage roads, and will not take access from Cromwell Avenue. The usual buffering requirement of a six -foot tall fence and the 30 -foot setback from residential boundaries will apply. a. Changed conditions: Staff analyzed the rezoning to identify conditions that have changed in the district or may have changed outside the district that directly or indirectly affect land use adjacency. The property is no longer useable by the retirement complex for multifamily. With the change in ownership it can now be combined with existing general commercial lands along Kell, an area already identified for commercial development. b. Relationship to the Comprehensive Plan: Staff considered the effects of the land uses allowed under that proposed zoning district relative to conformance with the City's Comprehensive Plan. The Plan currently designates this tract as High Density Residential. C. The nature and degree of impact upon neighboring lands: This property is adjacent to existing commercial zoning. Its location will not increase commercial traffic into the neighborhood above what the current zoning will allow. The "conditioned" district will ensure compatibility of uses with surrounding residences. If this rezoning were approved, an amendment to the Comprehensive Plan from High Density Residential to Commercial would be required. Recommendation: Staff recommends approval of this rezoning. Four surrounding property owners were notified of this request. Three (3) or 76.80% replied in favor and one (1) or 23.20% was opposed. These percentages were calculated by taking the actual square footage owned by each property owner plus 50% of any right -of -way adjacent to their property divided by the total square footage of land within 200 feet of the perimeter of this plat. Ms. Phillips made a motion to recommend approval of this request to Council. Mr. Richardson seconded the motion. Mr. Seese stated the negative response was received from Rolling Meadows. They stated they were concerned about the proposed location being a competitive type retirement facility. Mr. Seese stated that the current zoning is Multifamily, which would permit a use exactly like Rolling Meadows without any zoning changes or this Commission's approval. Chairman Rhone stated that Mr. Wachsman would abstain from voting on this case. Mr. Henry Dvorkin, incoming Chairman of the Board for Rolling Meadows, stated that competition was not the main concern but the right of quiet enjoyment for their elderly clients was foremost. He further stated he Planning & Zoning Commission November 10, 1999 Page 5 met with Mr. Schaaf and Mr. Wachsman and based on their representations, he would like to withdraw the objection. Mr. Harold Appell, 2913 Radney Lane, stated that the water runoff from that area would come down the small drainage ditch. He questioned why Wal -Mart had to build a wide ditch but the ditch on McNiel is only a few feet wide. Mr. Seese responded that the detention facilities that Wal -Mart is building are required by the City's stormwater detention ordinance, which requires a zero impact. The same ordinance is in effect for this location and they will be required to have zero impact on the surrounding lands. The recommendation for rezoning passed with a vote of nine (9) in favor and none (0) opposed. 3. Rezone from SF -2 to GC 3.07 Acres out of Blocks 8 & 17, Denton County School Lands League 1 Case R 99 -13 Applicant: ...........................John Denman, President, T -Bird Properties Ray Clymer, President, Lake Wellington Development Co. Requested Action: ............................ Rezone from Single Family to General Commercial Purpose: ......... ............................For future commercial development. Property: ........................................... 3.07 ac. out of Blocks 8 & 17, Denton County School Lands League Existing Land Use: ............................ Vacant Surrounding Land Use & Zoning:...... N: Lake Wellington Lake, SF -2 S: Kell Freeway, SF -2 E: Morning Star Retirement Complex, MFR W: Vacant Land, GC Analysis: The property is a 3.07 acre tract located along the westbound Kell access Road. To the north and west of here is General Commercial zoning. The property is the last remaining single family zoned property along this section of Kell. There have been three rezonings in this general area. To the north, 17.94 acres were rezoned from Single Family to General Commercial in January 1995 for an apartment complex. To the east 4.51 acres was rezoned to from Single Family -2 to Multifamily in December 1995 for the Morning Star retirement complex. In May 1998, a 5.1 acre tract east of Morning Star was rezoned from Single Family to Multifamily. This tract is also one of several sites under consideration by a major employer. As described in the Case R 99 -12, the Board of Commerce and Industry has asked for an accelerated rezoning process. The staff has prepared a schedule that will meet the zoning ordinance notification requirements for a hearing by the City Council on November 16'. a. Changed conditions: Staff analyzed the rezoning to identify conditions that have changed in the district or may have changed outside the district that directly or indirectly affect land use adjacency. As the Lake Wellington Estates developed, subsequent rezoning requests were approved. The property's suitability for single family development has diminished. b. Relationship to the Comprehensive Plan: Staff considered the effects of the land uses allowed under that proposed zoning district relative to conformance with the City's Comprehensive Plan. The Plan currently designates this tract as Low Density Residential. Planning & Zoning Commission November 10, 1999 Page 6 C. The nature and degree of impact upon neighboring lands: This property is surrounded by other than single family residential zoning. It will be compatible with other non - single family development occurring along this corridor. If this rezoning were approved, an amendment to the Comprehensive Plan from Low Density Residential to Commercial would be required. Recommendation: Staff recommends approval of this rezoning. Four (4) surrounding property owners were notified of this request. None (0) replied in favor and one (1) or 4.49% was opposed. These percentages were calculated by taking the actual square footage owned by each property owner plus 50% of any right -of -way adjacent to their property divided by the total square footage of land within 200 feet of the perimeter of this plat. Mr. Harris made a motion to recommend approval of this rezoning request. Mr. Wright seconded the motion. Mr. John Denman, applicant, stated he was available for answering any questions the Commission may have. Mr. Ray Clymer, applicant, stated this strip should have been rezoned prior to this time since the adjacent property to the west is GC. The recommendation for rezoning passed with a vote of nine (9) in favor and none (0) opposed 4. Carport 4115 Larchmont Place Case C 99 -38 Twenty-four (24) surrounding property owners were notified of this request. Eight (8) or 33.34% replied in favor and two (2) or 8.34% were opposed. A motion was made and seconded to approve this carport request. The applicant, Ms. Leah Clementson, stated she would conform with the application requirements. She confirmed that the carport would not decrease the value of her home, and would be painted to match the house. The carport passed with a vote of nine (9) in favor and none (0) opposed 5. Carport 1426 Deville Case C 99 -39 Nineteen (19) surrounding property owners were notified of this carport request. Five (5) or 21.05% replied in favor and none (0) were opposed. A motion was made and seconded to approve this carport request. Ms. Ruby Ditto, applicant, was present. The carport passed with a vote of nine (9) in favor and none (0) opposed. Planning & Zoning Commission November 10, 1999 Page 7 6. Carport 1918 Margaret Drive Case C 99-40 Twenty (20) surrounding property owners were notified of this request. Seven (7) replied in favor and none (0) were opposed. Mr. Berg made a motion to approve this carport request. Mr. Wright seconded the motion. The applicant was present. The carport was approved with a vote of nine (9) in favor and none (0) opposed. VI. OTHER BUSINESS 1. Zoning Text Amendment General Commercial Permitted and Conditional Uses The following chart showing the proposed changes to the General Commercial district was presented to the Commission. Those uses underlined were moved from the permitted use category. Alcoholic Beverage Sales Community Residential Center Flea Market Light Manufacturing Halfway House Contractors Yard Kennel Radio and TV Transmitting Tower Manufactured Homes Outdoor Entertainment and Recreation Outdoor Storage Warehousing Facility Bus Station Automotive Repair Service Parking Facility Mr. Wachsman expressed opposition based on the length of time required to process the conditional use procedure. Mr. Berg countered his opposition by stating this process is not meant to impede or to penalize new or relocating businesses. Ms. Purtle made a motion to recommend the above changes to the General Commercial zoning district to City Council. Mr. Berg seconded the motion. The motion passed with a voteof eight (8) in favor and one (1) opposed. 2. City Council Update Rezone SF to GC(c) — 5715 Seymour Highway Rezone SF to GC — portion of Lynwood East Park Mr. Clark stated the above rezoning cases were approved by City Council. Recommendation to City Council to Revise the Carport Ordinance Mr. Clark stated that this proposal was not presented to City Council. 3. Discussion of Items of Concern to Members of the P&Z Commission Mr. Seese stated there is a workshop scheduled for Monday, November 15, 1999 to discuss the proposed changes to the manufactured home ordinance. Planning & Zoning Commission November 10, 1999 Page 8 VII. ADJOURN The meeting adjourned at 2:37 p.m. David Rhone, Chairman Date ATTEST: Planning Administrator Planning & Zoning Commission November 10, 1999 Page 9 .!- 7 9' r Date'