Planning and Zoning Commission Minutes - 10/14/1998MINUTES
PLANNING & ZONING COMMISSION
October 14, 1998
PRESENT:
Joe Johnson, Chairman
. Members
W. O. Franklin
Marie Morgan
Lin Purtle
David Rhone
Danny Richardson
Earl Rooks
Randy Wachsman
Greg Wright
Johnny Burns . Council Liaison
David A. Clark, Director of Community Development . City Staff
Steve Seese, Planning Administrator
Paul Stillson, Planner II
Marty Odom, Planner I
Diane Parker, Recording Secretary
ABSENT:
Cliff Berg . Alternate #1
I. CALL TO ORDER
The meeting was called to order by Chairman Johnson at 2:00 p.m. Mr. Ernie Vicars, alternate member,
attended the meeting but was seated in the audience and did not participate in the voting.
II. PUBLIC COMMENTS
No one from the audience wished to address the Commission.
III. APPROVAL OF MINUTES
Mr. Rhone made a motion to approve the minutes of the September 9, 1998 meeting. Ms. Purtle seconded
the motion. The minutes were approved with a unanimous vote.
IV. CONSENT AGENDA
1. Public Hearing on Preliminary Plats
The Planning & Zoning Commission recommended approval of the following plat(s) subject to the Standard
Conditions of Approval for Preliminary Plats and any specific conditions listed below:
Planning & Zoning Commission October 14, 1998 Page 1
Standard Conditions of Approval for Preliminary 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.
• 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.
a. University Park, Section F, Unit 5 and Section G, Second Revision (October, 1998)
1. Show floodplain as depicted on latest FEMA approved LOMAR April 16, 1993.
2. Topographical information shall include contour lines on two (2) vertical feet intervals.
3. Provide fee to cover any area changed since previous preliminary.
4. Provide master drainage plan. (PW /ENGR)
5. Show contours. (PW /ENGR)
6. Extend water and sewer to serve all lots. (PW /ENGR)
2. 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 below:
Provide utility easements as required by utility companies and Director of Public Utilities, and
drainage easements as required by 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 with Director of Traffic & Transportation, if underground electric
utilities are to be provided.
Note: Approval of a plat does not imply development of property in violation of the Zoning
Ordinance.
a. Ed Woodall Subdivision Number Two (October 1998)
1. Provide utility slips.
2. Provide signed copy.
3. Provide detention. (PW /ENGR)
4. Provide curb and gutter. (PW /ENGR)
5. Provide 15' utility easement for existing sanitary sewer. (PW /ENGR)
6. Served by water. (PW /ENGR)
b. University Park, Section F Unit 5 (October 1998)
1. Provide utility slips.
2. Label 50 ft. road easement as "herein vacated" at the south end.
3. Revise construction plans as necessary. (PW /ENGR)
Planning & Zoning Commission October 14,1998 Page 2
Mr. Franklin made a motion to approve the Consent Agenda. Mr. Rhone seconded the motion. The
Consent Agenda passed with a unanimous vote.
V. REGULAR AGENDA
Chairman Johnson stated that there was a request to discuss Item #5 first.
1. Preliminary Plat
Burlington -Call Field Addition, Block 1, Lot 4 (formerly Wal -Mart Addition)
1. Dedicate an additional 15 foot right -of -way for a total dedication of 30 feet along west side of Lawrence
Road.
2. Show the 25 foot building limit line along Lawrence Road measured from the edge of the required 30 foot
right -of -way dedication.
3. Show streets closed by Ordinance 62 -87, located within the area being platted.
4. Label existing right -of -way along Lawrence Road as "previously dedicated."
5. Remove notes concerning proposed Maplewood and associated drainage.
6. Unless currently owned by Wal -Mart, delete railroad and other property from any form of proposed
dedication. Remove note from plat. Delete notes 1, 2 & 3 if not applicable.
7. Label proposed easements as "herein dedicated."
8. Provide detention. (PW /ENGR)
9. Comply with Thoroughfare Plan and submit paving and drainage plans. (PW /ENGR)
10. Remove any reference to Maplewood Avenue per previous TxDOT instructions. (PW /ENGR)
11. Continue existing numbering system within the Burl ington-Callfield Addition by indicating this lot as Block 9,
Lot 4.
12. Indicate topographical contours at two foot intervals.
13. Provide signed copy.
14. Remove references to "possible" drainage and 45 foot right of way.
Mr. Tom Galbreath, Dunaway & Associates, stated he represented the property owners and Wal -Mart and
would like to withdraw the plat and present it again in 90 days. By then there will be solid information
available from the traffic consultants and those involved would feel more comfortable making decisions. He
thanked the mayor and the property owners.
Mayor Yeager expressed her appreciation to Mr. Tom Hudson, Mr. Tom Galbreath, and Mr. Tim Scott of
Wal -Mart for listening to the broader picture, implications and ramification of the development in this area
and the City's relationship with TxDOT. She continued by stating that she made it clear to Wal -Mart that
we were supportive of this or any other site they choose. She commented that, at the appropriate time,
City Council and City staff would be very supportive of the continuing development of this particular location
and look forward to that happening in early January.
2. Conditional Use Application to Permit Outdoor Music and Entertainment
200 -202 North Burnett Street
Case C 98 -39
Applicant: Toby Wood, President, Neon Spur, Inc.
Requested action: Conditional Use Permit
Purpose: Outdoor Entertainment in RDD
Property: 200 -202 North Burnett St.
Legal Description: 55.4 x 102.3 feet & the South 40 x 102.3 feet of Block N, Original
Townsite.
Surrounding Land Use and Zoning: N: Residences, Restaurant, RDD
S: Machine Shop, Restaurant, RDD
E: Bridwell Agricultural Complex, RDD
W: Residences, SF -2
Planning & Zoning Commission October 14,1998 Page 3
Analysis:
The applicant requests approval for outdoor entertainment in the River Development District (RDD) zone.
The property is located north of the Wichita River and west of MPEC. The applicant is in the process of
remodeling this former grocery store into a barbecue restaurant. The business as described will include
outdoor seating and music. The Conditional Use application describes the restaurant as including, "outdoor
C &W fare, light acoustic /vocal; outdoor seating, music for customer listening pleasure."
Staff has determined the described activity would be classified as "outdoor entertainment and recreation"
requiring a Conditional Use Permit. The term is defined by the Zoning Ordinance as:
Recreational uses conducted in open or partially enclosed or screen facilities. Typical uses
include driving ranges, miniature golf courses, swimming pools, tennis courts, and outdoor
racquetball courts.
Although outdoor music is not referenced in the definition, staff interpreted the category to include "music"
as it is a commonly recognized form of entertainment.
Recommendation:
Staff recommends approval of this request on the condition that the applicant understands that it will be his
responsibility to conduct the outdoor activities so as not to cause an auditory nuisance for nearby residents.
Thirteen surrounding property owners were notified of this request. Three (3) or 23.07% replied in favor
and one (1) or 7.69% was opposed.
Mr. Rhone made a motion to approve this request. Mr. Franklin seconded the motion.
Mr. Seese stated he would like to modify the staff recommendation to "not cause a nuisance for nearby
residents." The word "auditory" was eliminated.
Mr. Andy Lee, representative for Neon Spur, Inc., stated that music is not mentioned in the Zoning
Ordinance as a form of entertainment. He stated there would be no loud music, just acoustic guitar and
country western. He also reminded the Commission that the Ag Center has outdoor speakers which blasts
the neighborhood when rodeos and other events are held there. He stated the project has been underway
for several months and the neighbors are aware of this development.
The request was approved with a unanimous vote in favor.
3. Carport
1103 Fuller Circle
Case C 98-40
Mr. Rhone made a motion to approve this carport request. Mr. Rooks seconded the motion.
Twenty surrounding property owners were notified of this request. Five (5) or 25.0% replied in favor and
none (0) were opposed.
Mr. James White, applicant, stated that the carport would protect his vehicles from the weather elements.
The carport was approved with a unanimous vote in favor.
Planning & Zoning Commission October 14, 1998 Page 4
4. Conditional Use Application to Permit Professional Office in Limited Commercial
4610 Kell
Case C 98-41
Applicant:
Requested action:
Purpose:
Property:
Legal Description:
Surrounding Land Use & Zoning:
Chuck Dennis
Conditional Use Permit
Professional Offices in Limited Commercial
4610 Kell
Lot 4, Block 12, Bel -Air Subdivision, Unit 3
N: Vacant, LC
S: Kell Blvd., LC
E: Vacant, Convenience Store, GC
W: Multifamily, Proposed Office, LC
Analysis:
The applicant requests approval to construct an 8,000 square foot office on this lot. The lot is located in an
LC zone next to Kell. It is part of a six -lot area zoned LC serving as a buffer between the freeway and the
Single Family zoning to the North.
Offices over 1,200 square foot in a Limited Commercial district require a Conditional Use Permit. A review
of this site plan shows 36 customer parking spaces and four landscaping islands. A credit of 1.5 parking
spaces can given for each island. The parking will be more than the one space per 300 square feet
requirement (27 spaces) for regular offices. The spaces and credits will also exceed the parking
requirement (40 spaces) for medical offices (one per 200 square feet). Seven 2 -inch caliper trees are
provided to meet landscaping requirements. The type of trees is not described on the site plan. One -half
of the trees must be canopy trees. The plan also meets the requirement for the five -foot wide planting strip.
Recommendation:
Staff recommends approval of this request.
Eight surrounding property owners were notified of this request. Five (5) or 62.5% replied in favor and
none (0) were opposed.
Mr. Franklin made a motion to approve this request. Mr. Rhone seconded the motion.
When asked by Mr. Rhone if the proposed development would be leased space, Mr. Chuck Dennis,
applicant, replied affirmatively.
Mr. Franklin called for the question. The vote was unanimous in favor of approving this Conditional Use
Permit.
5. Carport
1534 Norman Street
Case C 98-42
Twenty -three surrounding property owners were notified of this request. Four (4) or 17.39% replied in favor
and none (0) were opposed.
Mr. Rhone made a motion to approve this carport. Mr. Wright seconded the motion.
The applicant, Mr. Herschel Hair, stated that he would like to install a hot tub in his carport for health
reasons.
Mr. Richardson commented that he had a valid reason for wanting the carport.
Planning & Zoning Commission October 14, 1998 Page 5
The carport was approved with a unanimous vote in favor.
6. Approval of Land Use Plan
Mr. Seese stated that if there were no corrections or changes, this Land Use Plan would be presented for
approval to City Council. Mr. Franklin asked if this Plan becomes an ordinance once it has Council
approval; Mr. Seese replied that was correct. Mr. Clark explained that it would serve as a guide for making
decisions or changes. If an action is contrary to the Plan, the Zoning Ordinance and the Land Use Plan
would require changing. He stressed that it is not a zoning ordinance; it provides direction for future
development. Mr. Seese explained that if an nonconforming rezoning is approved, the Land Use Plan
would be amended at the same time, requiring P &Z and Council action. Mr. Clark commented that the
Land Use Plan will become part of the Comprehensive Plan.
Ms. Purtle made a motion to adopt the Land Use Plan and recommend approval of the Plan to City Council.
Mr. Rooks seconded the motion. The vote was seven (7) in favor and one (1) opposed.
VI. OTHER BUSINESS
Mr. Burns stated that Council upheld all recommendations made by this Commission on P &Z cases.
Mr. Burns also complimented the Commission on their diligence in the Wal -Mart issue. He also
complimented Mr. Galbreath in his willingness to work with the City. He further stated there is support for
the project but it is necessary that it be done properly.
VII. ADJOURN
The meeting adjourned at 2:30 p.m.
airman
ATTEST:
ing Administrator
Date
Date
CI" r %,L2RK'S OFFICE
Date /Y r
qV - ` Time
Planning & Zoning Commission October 14,1998 Page 6