Planning and Zoning Commission Minutes - 11/11/1998MINUTES
PLANNING & ZONING COMMISSION
November 11, 1998
PRESENT:
Marie Morgan
Lin Purtle
David Rhone
Danny Richardson
Ernie Vicars . Alternate #2
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:
Joe Johnson, Chairman . Members
W. O. Franklin
Earl Rooks
Randy Wachsman
Greg Wright
Cliff Berg . Alternate #1
I. CALL TO ORDER
The meeting was called to order by Acting Chairman Rhone at 2:00 p.m. In Mr. Johnson's
absence, Mr. Rhone served as Acting Chairman.
11. PUBLIC COMMENTS
Mr. Jon Moller, 1528 17th Street, gave a brief explanation of several maps he presented
showing urban, suburban, and neighborhood areas.
III. APPROVAL OF MINUTES
Ms. Purtle made a motion to approve the minutes of the October 14, 1998 meeting. Ms.
Morgan seconded the motion. The minutes were approved with a unanimous vote.
IV. CONSENT AGENDA
1. Public Hearing on Preliminary Plats - none received.
PLANNING & ZONING COMMISSION • NOVEMBER 11, 1998
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. Pecan Grove Subdivision "A ", Lots 1 -A, 1 -B, 2 -A, 2 -B, 10 -A, 11 -A, 12 & 13,
Block 2 (November 1998)
1. Provide utility slips.
2. Provide signed copy.
3. Provide preliminary plat showing all lands owned by the property owner.
Approval of this plat is conditional upon the review and approval of the
preliminary plat.
4. Provide application and $100 fee for closure of Billbo and Cathy Streets.
Contact Planning Division for information concerning closures.
5. Show adjacent property lines.
6. Show floodway, if existing on this property.
7. Show 15' utility easement dedication thru the Cathy and Billbo right -of -way.
(PW)
8. Served by water and sanitary sewer. (PW)
Mr. Richardson 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. Notification Replat
Rancho Vista Place, Unit On, Block 1, Lots 4 -A & 4 -B, 6707 Kiowa Court
The property owner has proposed to replat Lot 4, Block 1, Rancho Vista Place, Unit One,
described as 6707 Kiowa Court, into Lots 4 -A and 4 -B, Block 1, Rancho Vista Place, Unit One.
Section 212.015 (c) of the Local Government Code requires a public hearing for any replat
that:
1. Within the past five years had zoning limiting the area to single family or duplex
use and,
PLANNING & ZONING COMMISSION ■ NOVEMBER 11, 1998
2. Will increase the number of lots or change the deed restrictions or building limit
lines on a property.
This replat will increase the number of lots in this single family subdivision, therefore
notification is required. The southern lot will face Sisk Road, a major collector. The subdivision
ordinance does not allow access to an arterial street, but does allow access to streets of a
lower classification such as collectors.
(i) Access to arterial streets prohibited. Residential subdivisions shall not be
platted with frontage on an arterial street. When lots back up to an arterial street
access to the alley shall be from a local residential street or collector street.
from Subdivision Ordinance, Section 8, Streets(1) (i).
The notification includes all of the owners of the lots or lands immediately adjoining the area
covered by the proposed replat, and extending 200 feet from that area, but within the original
subdivision.
Conditions:
1. Provide utility slips.
2. Served by water and sewer. (PW)
Ms. Morgan made a motion to approve this request. Mr. Richardson seconded the motion.
The notification replat was passed with a unanimous vote in favor.
2. Application to Rezone 2250 Turtle Creek Road
From Single Family -1 to Residential Mixed Use
Case R 98 -23
Applicant:
Property Owners:
Requested Action:
Purpose:
Property:
Legal Description:
Existing Land Use:
Surrounding Land Use & Zoning:
Michael Brown, for Knights of Columbus
Knights of Columbus
Rezoning from SF -1 to RMU
Expansion of existing building
2250 Turtle Creek Road
Knights of Columbus Addition, Lot 1, Block 1.
Knights of Columbus Facility, SF -1
N: Vacant, SF -1
S: Residential, RMU
E: Vacant, GC
W: Residences, vacant, RMU
Analysis:
The Knights of Columbus requests rezoning from SF -1 to RMU. Their property is bounded by
Residential Mixed Use zoning to the South and SF -1 zoning to the North. The existing building,
used for non - profit fraternal purposes, was built before the property was annexed in 1997. After
it was annexed, it was zoned Single Family -1.
Under Single Family -1 zoning, the Knights of Columbus facility is a nonconforming use. In a
single family zone, nonconforming uses may not expand. As the applicant has plans to expand
the building, they are requesting a change to Residential Mixed Use zoning. The have also
applied for a conditional use to allow additions to the building.
PLANNING & ZONING COMMISSION • NOVEMBER 11, 1998
Recommendation:
Staff recommends approval of this rezoning.
Eight surrounding property owners were notified of this request. No replies were received.
Ms. Morgan made a motion to recommend approval to City Council of this rezoning request.
Ms. Purtle seconded the motion.
Mr. Richardson stated he did not think this would be a problem in this area.
The Commission voted unanimously to recommend approval of this rezoning request to City
Council.
3. Application to Expand an Existing Building in RMU
2250 Turtle Creek Road
Case C 98-44
Applicant:
Property Owners:
Requested Action:
Purpose:
Property:
Legal Description:
Existing Land Use:
Surrounding Land Use & Zoning
Michael Brown, for Knights of Columbus
Knights of Columbus
Expansion of a conditional use in RMU
Expansion of existing building
2250 Turtle Creek Road
Knights of Columbus Addition, Lot 1, Block 1.
Knights of Columbus Facility, SF -1
N: Vacant, SF -1
S: Residential, RMU
E: Vacant, GC
W: Residences, vacant, RMU
Analysis:
The Knights of Columbus have requested rezoning from SF -1 to RMU. In addition, they are
requesting a Conditional Use approval to expand their building. They are planning an increase
in the floor area of the building including and addition to their kitchen. The kitchen will be built in
a location where an existing structure was demolished in a storm. Under the provisions of the
nonconforming structure reconstruction, the kitchen can be constructed using the previous
setback. If it were not for that provision, the structure would have to be setback 30 feet from
the Single Family boundary to the north.
The following items are not shown on the site plan, but are required:
1. Sidewalks
2. Landscaping
These elements must be present and approved before a building permit can be issued.
Recommendation:
Staff recommends approval of this rezoning conditional on the following:
1. The approval of the rezoning from Single Family -1 to Residential Mixed Use.
2. The receipt of a corrected site plan of the property meeting requirements.
Eight surrounding property owners were notified of this request. No replies were received.
PLANNING & ZONING COMMISSION ■ NOVEMBER 11, 1998
Mr. Vicars made a motion to approve this conditional use application. Mr. Richardson
seconded the motion.
The conditional use permit for the building expansion passed with a unanimous vote in favor.
4. Application to Rezone 2125, 2127, 2129, 2131 & 2133 Broad Street
From Single Family to General Commercial
Case R 98 -22
Applicant:
Requested action:
Purpose:
Property:
Existing Land Use:
Surrounding Land Use & Zoning
James Fletcher
Rezone from Single Family -2 to General Commercial
Expansion of existing business.
2125, 2127, 2129, 2131, & 2133 Broad Street.
Vacant lots and one residence at 2125 Broad St.
N: Vacant Commercial Building, SF -2
S: 22nd St., Residences, SF -2
E: Broad St., Residences, Vacant Comm. Bldg., Church,
SF -2
W: Alley, Fletcher's Equipment, GC
Analysis:
The applicant owns and operates Fletcher's Equipment at 231 Central Freeway East.
Fletcher's Equipment sells new and used utility trailers. The applicant would like to expand his
operation onto four 50 foot residential lots to the west of his existing location. This will require a
rezoning of the property.
Directly to the west of this site across Broad Street is a vacant commercial building, a vacant
lot, two residences and a church. To the north there is a residence, two vacant lots and Top-0-
Texas Pest Control. To the south across 22nd Street is a moderately stable and viable
residential area.
Due to the ordinance requirements, the applicant is also seeking a conditional use permit for
outdoor storage in General Commercial. The conditional use permit will be contingent upon
approval of the rezoning request. The applicant received a conditional use permit in 1996 for
his existing location.
Recommendation:
Staff recommends approval of this request.
Thirty surrounding property owners were notified of this request. Five (5) or 23.76% replied in
favor and one (1) or 0.01% 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. Morgan made a motion to recommend approval to City Council for this rezoning request.
Ms. Purtle seconded the motion.
Mr. Steven Marsh, representative for the applicant, gave a brief description of the property
which included photographs. He stated he would be available to answer questions from the
PLANNING & ZONING COMMISSION ■ NOVEMBER 11, 1998
audience or Commission. When asked about storage, Mr. Marsh replied that utility trailers
would be stored there.
The Commission voted unanimously in favor of recommending approval to City Council for this
rezoning request.
5. Application for Outdoor Storage
2127, 2129, 2131 & 2133 Broad Street
Case C 98-47
Applicant:
Requested Action:
Purpose:
Property:
Existing Land Use:
Surrounding Land Use & Zoning:
James Fletcher
Conditional Use for Outdoor Storage in CG.
Expansion of existing business.
2127, 2129, 2131, & 2133 Broad Street.
Vacant lots and one residence at 2125 Broad St.
N: Vacant Commercial Building, SF -2
S: 22nd St., Residences, SF -2
E: Broad St., Residences, Vacant Comm. Bldg., Church,
SF -2
W: Alley, Fletcher's Equipment, GC
Analysis:
The applicant owns and operates Fletcher's Equipment at 231 Central Freeway East.
Fletcher's Equipment sells new and some used utility trailers. The applicant intends to expand
his operation onto four 50 foot residential lots to the west of his existing location. This will
require a rezoning of the property. A conditional use permit is required for the storage of used
utility trailers, which falls under the definition of outdoor storage.
Directly to the west of this site across Broad Street is a vacant commercial building, a vacant
lot, two residences and a church. To the north there is a residence, two vacant lots and Top-0-
Texas Pest Control. To the south across 22' Street is a moderately stable and viable
residential area.
The conditional use permit will be contingent upon approval of the rezoning request. The
applicant received a conditional use permit in 1996 for his existing location.
Conditions:
1. Provide a privacy fence along Broad Street and 22nd Street to block view of
outdoor storage.
2. Provide irrigation to landscaping trees.
3. Direct any outdoor lighting away from residential areas.
4. Any new structures will require proper permits.
Recommendation:
Staff recommends approval of this request.
Thirty surrounding property owners were notified of this request. Five (5) or 16.67% replied in
favor and one (1) or 3.33% was opposed.
Mr. Vicars made a motion to approve this conditional use request. Ms. Morgan seconded the
motion.
PLANNING & ZONING COMMISSION ■ NOVEMBER 11, 1998
Mr. Seese suggested waiving the fencing requirement by substituting conditions of approval to
maintain the equipment in an as -new appearance and to maintain the property.
Mr. Marsh asked if the Commission would have a problem if the applicant decided to install a
privacy fence at a later date. Chairman Rhone stated it would be permissible.
Chairman Rhone stated the motion was amended to include the substitution of a privacy fence
by maintaining the equipment and maintaining the property.
The Commission approved the case with a unanimous vote in favor.
6. Application for a Manufactured Home
3150 Jacqueline Road
Case C 98-45
Applicant:
Requested Action:
Purpose:
Property:
Legal Description:
Surrounding Land Use & Zoning
Laura B. Gann
Conditional Use Permit
Establish a double -wide Manufactured Home
3150 Jacqueline Road
Unplatted, proposed Lot 3, Block 8U, J. L. Powell Estates
N: Residences, Commercial Building, SF -2
S: Residences, Vacant, SF -2
E: Residences, Mobile Home, SF -2
W: Residences, SF2
Analysis:
The applicant wishes to establish a 28' x 50' double -wide Manufactured Home at 3150
Jacqueline Road. The site plan also shows that a single carport will be constructed next to the
home. The carport will not be in the front setback. This site is about 440 feet east of Loop 11.
In the neighborhood are residences, a commercial building and two other mobile homes.
Developmental Requirements:
The property is unplatted. An approved plat will be required prior to locating the manufactured
home on the lot.
Recommendation:
Staff recommends approval of this request.
Twenty -five surrounding property owners were notified of this request. Six (6) or 24.0% replied
in favor; one (1) or 4.0% was opposed; and one (1) or 4.0% responded as "Other."
Ms. Morgan made a motion to approve this conditional use permit. Ms. Purtle seconded the
motion.
Mr. Michael Hendron, 3154 Jacqueline, stated he responded in opposition because of concern
that the installation would be done in the proper manner. He asked if there were ordinances or
codes regulating the installation. He continued by stating that he wanted assurance from the
applicant and the City that it would look nice. Mr. Hendron further commented that he wanted it
to be an asset to the neighborhood, not a detriment. Chairman Rhone stated that was
something the Commission considers (when making their decision).
PLANNING & ZONING COMMISSION ■ NOVEMBER 11, 1998
Mr. Seese explained the building code as it relates to the placement of mobile homes. The City
does not have any appearance codes. Mr. Hendron stated that he wanted the home to look
finished and not like an afterthought.
Ms. Laura Gann, applicant, stated the home would have a neat appearance. Mr. Richardson
asked about the carport. Ms. Gann stated she plans to construct the carport in the future.
Mr. Vicars asked Mr. Hendron if the wheels were covered, the towing appartus were removed,
and a skirt affixed would he be opposed to the mobile home. Mr. Hendron replied that he would
take the applicant at her word which was that she planned to follow the codes.
The conditional use permit was approved by the Commission with a unanimous vote in favor
7. Carport
1622 Las Vegas Trail
Case C 98-46
Twenty -six surrounding property owners were notified of this request. Three (3) or 11.54%
replied in favor and one (1) was opposed.
Mr. Seese stated the applicant is under a citation and the carport has been constructed.
Ms. Purtle made a motion to approve this carport request. Mr. Richardson seconded the
motion.
Mr. Richardson asked if the applicant was under citation because she failed to get a building
permit. Mr. Seese replied that was correct. Mr. Richardson asked when the carport was
constructed. Ms. Franklin replied it was built by her husband and a friend about a month ago.
The Commission voted three in favor and two opposed. The Conditional Use Permit was
denied.
(All actions of the Commission shall be approved by no less than five [5] affirmative votes.)
VI. OTHER BUSINESS
1. Discussion of Right -of -Way Abandonment for a Portion of Avenue "U" and a
Portion of Arthur Street.
Mr. Seese stated that a developer has requested the closure of two rights -of -way that have
been platted since 1912. No development has occurred since the property was platted. This
Commission will not vote on approval but a recommendation to City Council who has the final
authority on closures.
Mr. Fritz Taylor, representative of the Dozier Group, explained that Mr. Jon Moller assists his
company with strategic planning on projects. He stated he represents Mr. & Mrs. Jack
Humphreys, area residents.
Mr. Seese briefly explained to the Commission that the developer has proposed a building of
approximately 124,000 square feet. He continued explaining that this Commission is being
PLANNING & ZONING COMMISSION ■ NOVEMBER 11, 1998
asked for comments; City Council makes the final determination on abandonments when
streets are not constructed.
Mr. Moller suggested that the right -of -way be exchanged to create access into the
neighborhood behind the property to be developed. He stated his proposal was an alternate
plan to transfer street and alley right -of -ways to public and private ownership for the purpose of
establishing a new street to connect to the Kell East frontage road with the intersection of
Garfield and Avenue "V ". This plan would provide access to the corner of the Single Family -2
neighborhood.
Mr. Bobby Schaaf, representative for the developer and the land owners selling this tract,
showed a map of this 10 acre tract development. He explained that four boxes of 30,000
square feet each were proposed to be built. The developer has agreed to pay for the street
closure ($77,000) and the relocation of the utilities ($67,000). Mr. Schaaf suggested an
alternate connection to Kell would be Wenonah since these streets (Avenue U and Arthur
Street) have never been built. With this tract valued at twice as much as the Wal -Mart land, he
stated that it would not be profitable to use a portion of it for a street.
Mr. Clark stated this area was never developed into streets. The position of the Community
Development Department is that this is a logical development which is supported.
Mr. Doc Anderson, a realtor, expressed his support for the development.
Mr. Moller stated he did not want to stop the development. He further elaborated on his
previous notion of trading rights -of -way and developing a street connecting to Kell. It was
explained that the Commission would only make a recommendation to Council; they will not
approve /disapprove the closure.
Mr. Seese stated that it is false to assume that if a road were built there will be development to
support it and that a five point intersection would be an extremely dangerous traffic hazard.
Mr. Taylor again commented that they were not opposed to the development. They want to
protect and preserve the property of the homeowners. Eliminating ingress and egress to an
area does not help safety (fire, ambulance, etc.). He stated his project was to preserve the
property values of those properties behind this development.
Mr. Vicars stated there should be access to the area but this development is not changing the
current access. He stated once the plat is submitted then the access question should be
considered. He further commented that this abandonment does not appear to affect access to
those residences.
Mr. Richardson stated two alternates were proposed but he felt the Wenonah access was more
favorable. He commented that the development was a good idea.
Ms. Morgan stated the development sounded good; however, she did not want to make a
recommendation to Council.
Ms. Purtle thanked Mr. Moller and commented that this has been a learning experience for all.
She further stated there were several ways to have access into the area; however, since the
street was never built there should be other solutions. She commented favorably about the
development.
PLANNING & ZONING COMMISSION ■ NOVEMBER 11, 1998
Chairman Rhone stated that this issue is very important and he thanked all the participants. He
further stated his comments to Council would be that this is a known entity with investors that
will become an asset to the City. The best utilization of land is to ingress /egress via Wenonah.
Closing the street that does not exist is not eliminating anything. His recommendation to
Council is that this development is a good use of land with consideration of Wenonah for
access.
2. City Council Update - November 3, 1998
Land Use Plan
Mr. Clark stated that Council adopted the Land Use Plan at their recent meeting.
3. Discussion of Items of Concern to Members of the P&Z Commission
Mr. Seese stated that in the future an amendment to the parking regulation will be presented to
this Commission. It was agreed by the Commission that the current method of presenting an
ordinance amendment (underlined for added text and strike - thru's for deleted text) is
satisfactory.
VII. Adjourn
The meeting adjourned at 3:45 p.m.
ATTEST:
Steve Seese,� ity Planning Administrator
Date
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Date
RECEIVED IN
CITY OFFICE
Date
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PLANNING & ZONING COMMISSION ■ NOVEMBER 11, 1998