Planning and Zoning Commission Minutes - 12/09/1998MINUTES
PLANNING & ZONING COMMISSION
December 9, 1998
PRESENT:
Joe Johnson, Chairman • Members
Marie Morgan
Lin Purtle •
Danny Richardson
Earl Rooks
Randy Wachsman
Cliff Berg • Alternate #1
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:
W. O. Franklin •
David Rhone
Greg Wright •
Ernie Vicars • Alternate #2
I. CALL TO ORDER
The meeting was called to order by Chairman Johnson at 2:00 p.m.
II. PUBLIC COMMENTS
No one from the audience wished to address the Commission.
111. APPROVAL OF MINUTES
Mr. Richardson made a motion to approve the minutes of the November 11, 1998 meeting. Ms. Morgan
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 • 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. Stone Lake Estates (December 1998)
1. Define right -of -way adjacent to Block 24. Show proposed development of that block. Show
building limit lines, streets, etc.
2. Give purpose of Blocks 6 & 19, and show building limit lines if other than detention is being
planned. Label "open space" or "detention easement," etc.
3. If medians are being planned in Block 13, where right -of -way is 90 feet, be aware that the City
will not maintain any landscaping installed. Same comment applies to median in Block 1.
4. Show building limit line on Lot 1, Block 1, and Lots 16 -30 Block 1.
5. Provisions for reduced setbacks are set out in Section 4240. Note that some lots do not meet
provision 4240 E.
6. Show 100 year floodplain.
7. Provide legal description and acreage.
8. Show city limits line. Label "in" and "out ".
9. Show location map.
10. Provide detention. (PW)
11. Submit paving, drainage, and utility master plan with phasing. (PW)
12. Curb and gutter required along Rathgeber Road and Hwy. 79. (PW)
13. Easement will need to be provided prior to submitting a final plat. (PW)
14. Lake remains private or storm water detention basin. (PARKS)
15. Provide cul -de -sac adjacent to, and south of, Block 23.
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.
PLANNING & ZONING COMMISSION • PAGE 2
A. Hanna Subdivision, Block 1 -A, Lots 1 -A & 1 -B [replat] (December 1998)
1. Provide signed copy.
2. Provide utility slips.
3. Label south 10 ft. utility easement in Lot 1 -A, "herein dedicated."
4. Label utility easement in Block 47 as, "previously dedicated."
5. Show existing 10 foot utility easement for 6" water in Lot 1 -A.
6. Show adjacent 5 foot sewer easement in Lot 1, Cunningham Call Field Addition.
7. Records show University Avenue as a 70 foot right -of -way, verify width.
8. Label adjacent property to the east of Lot 1 -B as "Call Field Medical Center
Block 1." Show adjacent dedicated 5 ft. and 10 ft. easements.
9. Label dimension of north line of Lot 1 -A.
10. Fifteen foot utility easement required. (PW)
11. Served with water and sewer. (PW)
12. Provide detention for additional impervious area. (PW)
B. Highland Addition, Block 1, Lot 8 (December 1998)
1. Provide signed plat
2. Show right -of -way width of Kell Freeway.
3. Served by water. (PW)
4. Extend public sewer. (PW)
Addition, Lot 1,
Mr. Rooks made a motion to approve the Consent Agenda. Mr. Wachsman seconded the motion. The
Consent Agenda was approved with a unanimous vote.
V. REGULAR AGENDA
1. Recommendation of a Waiver Request and Public Hearing & Approval of Preliminary Plat
David A. Kimbell Property
A. Request for a waiver of the 300 foot maximum on the length of a residential cul-de -sac.
The Planning Department received a request for a waiver of the Subdivision Ordinance Section 9, B, Streets 1, (h).
That provision limits residential cul -de -sacs to a length of 300 feet with a 100 foot diameter turn around right -of -way.
The applicant has submitted a subdivision proposal, and requested a waiver from the City Council so that platting of the
property can proceed.
In this particular case, a cul -de -sac is proposed with a 460+ foot length. The Planning staff contacted the following
entities for review of this proposal:
UTILITY PROVIDERS
RECOMMENDATION
Lone Star Gas
Approve
Vista Cablevision
Approve
TU Electric
Approve
Southwestern Bell
Approve
CITY DEPARTMENTS
Public Works
Approve
Traffic
There will have to be some improvements made to Weeks St. Where the
proposed street intersects there is an "indention" in the curb line. We have
had several cars leave the roadway at this location.
Police Conditionally Approve - if emergency vehicles have unob - structed access.
PLANNING & ZONING COMMISSION - PAGE 3
Fire Acceptable but not ideal. Turn - around dimension most critical. Must not
be less than requirement.
First City Attorney Approve
Each entity was asked to comment on possible impacts on utilities maintenance, drainage, emergency access, refuse
pick -up, etc. After review by the Commission, this item will be presented to the City Council for consideration of a
waiver.
B. Approval of Preliminary Plat
• 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.
Public Hearing on Preliminary Plat:
David A. Kimbell Property (December 1998)
1. Cul -de -sac length will require a waiver by City Council.
2. Show contour lines.
3. Provide legal description and acreage.
4. Show width of P.B. Lane.
5. Show building setback lines along P.B. Lane.
6. Label all adjacent subdivisions and indicate lot and block for platted lots and property owner's
names for unplatted lots.
7. Show adjacent easement on the west side of subdivision.
8. There is an existing plat for a portion of this property (Lots 1 & 2, Block 1, Kimbell Addition).
This proposed plat should have that information noted. Private drainage easement, Vol. 1777,
Pg. 739, must be addressed. (PW)
9. Provide 10' additional drainage easement on east side. (PW)
10. Provide detention. (PW)
11. Provide paving, drainage, and utility plans. (PW)
12. Maintain enough radius for fire apparatus to maneuver without backing out. (PW)
13. Easements will need to be provided prior to submitting a final plat. (TU ELECTRIC)
This plat should be conditionally approved based on the applicant obtaining a waiver from City Council.
Mr. Wachsman made a motion to recommend approval to City Council that the maximum length of 300 feet
of a residential cul -de -sac be waived. Ms. Morgan seconded the motion.
The recommendation passed with a unanimous vote.
Ms. Morgan made a motion to approve the preliminary plat. Ms. Purtle seconded the motion.
PLANNING & ZONING COMMISSION • PAGE 4
Mr. Dennis Probst of Corlett, Probst and Boyd stated he would like to reserve an objection to item 9. He
stated he was hopeful the matter could be resolved with staff.
The plat was approved with a unanimous vote.
2. Request to Rezone from SF -2 to GC(c)
24.25 Acres out of Block 1, Kemp and Newby Subdivision of the Cherokee County School
Lands
Case R 98 -24
Applicant: Bill McGregor, for Stone Lake L.L.C.
Requested Action: Rezoning from SF -2 to GC(c)
Purpose: Part of a development of a 288.62 acre site planned for a mixed use
development
Property: 24.25 acres out of Block 1, Kemp and Newby Subdivision of the
Cherokee County School Lands
Existing Land Use: Vacant
Surrounding Land
Use and Zoning: N: Vacant, SF -2
S: Crestview, Agricultural Uses, Outside City
E: Apartments, GC
W: Vacant, SF -2
Analysis:
The applicants are seeking a zoning change for this 24.25 acre tract which is part of a 288 acre
development. This tract is very similar to a 25.54 acre site proposed for rezoning in August. That request
was withdrawn to address the concerns of neighbors to the South. The revised tract does not extend as far
west as the original proposal. There are apartments to the east and commercial zoning to the South.
The tract fronts on Highway 79 with its south boundary being Rathgeber Road. In their proposed uses for
the district, the applicants chose to delete some general commercial uses such as "contractors yard" and
"kennel" from the district. However, no conditional uses were proposed. A Conditioned General
Commercial district would allow more uses than Limited Commercial, while being able to maintain
compatibility with adjacent single family zoning.
The proposed rezoning is in conformance with the Land Use Plan.
Recommendation:
Staff recommends approval of this rezoning.
Seven surrounding property owners were notified of this rezoning request. No responses were received.
Mr. Berg made a motion to recommend approval of this rezoning request to City Council. Mr. Richardson
seconded the motion.
Mr. Bill McGregor, representative for the property owners, stated that he brought this case before P&Z
again to include alcoholic beverage sales as a conditional use.
The motion was amended to recommend to Council to require conditional use approval for alcoholic
beverage sales. The vote was unanimous in favor. The original motion was also passed with a unanimous
vote in favor.
PLANNING & ZONING COMMISSION - PAGE 5
3. Request for Amendment of Planned Unit Development
Vitek Industrial Park, 6230 - 6250 (even numbers) Southwest Parkway
Case R 98 -25
Applicant:
Property Owners:
Requested Action:
Purpose:
Property:
Legal Description:
Existing Land Use:
Surrounding Land
Use and Zoning:
Michael Raia, OmniAmerica Development Corp.
Vitek Properties
To add "radio and television transmitting tower" as a permitted use to
this Planned Unit Development district.
Construction of a 200 ft. communications tower
6230 - 6250 ( even numbers) Southwest Parkway
Lots 2A, 3, 4 & 5 -A Certain -Teed Products Addition
Offices, Services and Fabrication
N: Certain -Teed
S: Agricultural
E: TU facility, GC
W: Certain -Teed
Analysis:
The applicants are seeking an amendment to an existing Planned Unit Development (PUD). The
amendment will add a provision for "radio and television transmitting towers" to the district regulations. The
change is being requested to allow a 200 foot communications tower to be built near the rear of Lot 5 -A.
adjacent to an equipment yard.
The property is part of a 13 acre tract that was annexed in November 1990. In January 1991, the Planning
and Zoning Commission recommended General Commercial zoning for the area. According to the original
staff report, the property owners responded that the General Commercial zoning did not meet their needs.
Various zoning options were discussed that could be acceptable to the property owners as well as the
adjacent land owners. The mutually agreed upon option was a PUD. A planned unit development district
when approved allows deviation from traditional or straight zoning regulations to better address the needs
of a property owner or developer. In creating the district the applicant proposes a list of uses that will be
allowed in the PUD. The list is then negotiated with the applicant, staff, neighborhood and Planning
Commission participating.
Records show that the Viteks proposed several uses for their PUD that were eventually struck from the final
list. "Radio and TV transmitting tower" was one of the uses that was eliminated. The PUD was approved in
May 1991; a copy is included with this report.
The reason for eliminating towers from the original district proposal cannot be determined. Radio and TV
towers are a permitted use in a General Commercial zone, the original zoning designation recommended
for this tract.
Recommendation:
1. Staff recommends approval of this zoning amendment.
Three surrounding property owners were notified of this request. One (1) was in favor and none (0) were
opposed.
Ms. Morgan made a motion to recommend approval to City Council to amend the permitted uses to include
radio and television transmitting towers to this Planned Unit Development. The motion was seconded.
Chairman Johnson asked if this case is approved would all PUD include these towers as permitted uses.
Mr. Seese replied that the approval is only for this PUD.
PLANNING & ZONING COMMISSION • PAGE 6
The recommendation to Council passed with a unanimous vote in favor.
4. Request for Light Manufacturing in GC
1304 Twin Oaks
Case C 98-49
This case was withdrawn by the applicant prior to this meeting.
5. Request for Expansion of Church Use
4015 Lake Park Drive
Case C 98 -50
Applicant:
Douglas W. Paul
Requested Action:
Conditional Use Permit.
Purpose:
Expansion of a Church Use in Single Family -2
Property:
4015 Lake Park Drive, South half of Track "K" & all of Track "L ", less
Southwest Triangle
Existing Land Use:
Wilson House property
Surrounding Land
Use and Zoning:
N: Residences, SF -2
S: Residences, SF -2
E: Residences, SF -1
W: Weeks Park, LC
Analysis:
The First Presbyterian Church is seeking a Conditional Use Permit to expand their activities center at 4015
Lake Park Drive. Originally owned by the Wilson family, this residence has been used by the church for
many years as a youth activity center. According to the site plan the church will add a 14,082 square foot
activities center to the property. The center will consist of a gymnasium, dressing room, storage,
mezzanine and residence. A new swimming pool will be constructed south of the activities center,
replacing a smaller existing pool. Presently there are 25 parking spaces on site. The plan will include
constructing additional parking. The new parking will bring the total to 82 regular parking spaces and four
handicap spaces.
The staff determined that parking classification of "other" (1 space per 300 square foot) would be
appropriate for this mix of uses. Combining all the floor area in both the Wilson House and the Activity
Center, the total equals 21,398 square feet At the one per 300 square feet, 72 spaces would be required.
The planned parking would be adequate using this methodology.
A 30 foot setback from single family zoning and a six -foot privacy fence will be required along the east lot
line.
Staff is in favor of this request if the facade treatment is other than a metal sided building. This issue is one
of neighborhood compatibility addressed by aesthetics.
Recommendation:
1. Staff recommends that this request be approved if the applicant can provide elevations of the structure
and details as to construction materials, to include such in the Commission's review and conditions for
this permit.
PLANNING & ZONING COMMISSION • PAGE 7
Eleven surrounding property owners were notified of this request. Two (2) or 18.18% replied in favor and
one (1) or 9.09% was opposed.
Ms. Morgan made a motion to approve this Conditional Use application. Mr. Rooks seconded.
Mr. Seese stated the staffs recommendation should be amended to:
Staff recommends approval of this request. The concerns expressed by the neighborhood
responses and any comments noted by the Planning & Zoning Commission will help direct staff in
their evaluation of the site plan review.
Mr. Doug Paul, representative of the First Presbyterian Church, stated the house is being used as an
activity center for the young people in the congregation. An activity center is planned with a gymnasium,
pool, activity center, and parking lot.
Mr. Seese clarified the recommendation by stating that the Commission will approve only the use and staff
will approve the site plan, layout, etc.
Ms. Rebecca Lanmon, 4005 Lake Park Drive, stated her concerns were detention, outside lighting,
amphitheater, and the type of construction of the buildings.
Mr. Paul assured the Commission that these concerns would be addressed.
Conditional use approval was granted by a unanimous vote in favor by the Commission.
Mr. Burns advised Mr. Paul that he might consider Ms. Lanmon's appearance as a complaint and this could
be a public relations opportunity for him to individually address her concerns.
6. Request to Locate a Church Parking Lot in SF -2
1008 Flood Street
Case C 98 -51
Applicant:
Carl D. Solomon, Chm. Trustees
Requested Action:
Conditional Use Permit.
Purpose:
Church parking lot in SF -2
Property:
Lot 2, Block 5, Blackmon & Williams 2
Existing Land Use:
Vacant
Surrounding Land
Use and Zoning:
N: Vacant Residences, SF -2
S: St. Johns' Church, LC
E: Residence, SF -2
W: Residences, SF -2
Analysis:
The applicant, Saint John Baptist Church, is seeking a Conditional Use Permit to locate a church parking lot
on this Single Family lot. This parking is classified as an accessory use to the main church across the
street. The church owns several lots on this block and has an overall plan to develop all of them for
parking. The new parking is intended to replace the church's existing parking lot to the east of Holland
Street. That lot was built on an unstable landfill requiring continuous repairs.
PLANNING & ZONING COMMISSION • PAGE 8
The applicant's plan shows ninety degree parking with an exit through the alley to Holland Street. On either
side of the lot is a residence, and to the north is a vacant lot. The buffering section of the Zoning Ordinance
requires that a fence shall be constructed along any property line containing a residence. Section 4620 (B)
states that:
"When such (non - residential) uses are Located in an SF -1 or SF -2 zone, such fence shall be placed on the
property line of the singe - family detached, duplex or two family, or zero - lot - line."
Since the lot to the north is vacant no fence is required. If no fence is required, access could be taken
using the alley.
The church is in the process of acquiring those parcels on either side. They state that the fence will be
constructed before the expiration of the conditional use approval (one year). The fence will not be required
if the land is acquired and homes removed.
Recommendation:
1. Staff recommends that this request be approved. Landscaping shall be installed as shown on the site
plan. Required trees shall have two inch caliper trunks and shall be irrigated with an underground
irrigation system.
Twenty surrounding property owners were notified of this request. Four (4) or 20.0% replied in favor and
none (0) were opposed.
A motion to approve this request was made and seconded.
Rev. Billy DeLaney, pastor of the Church, commented that this lot would be temporary parking for the
elderly until the entire block could be purchased.
Mr. Rooks stated he would abstain from voting because of his affiliation with the church.
Conditional Use approval was granted by a vote of six (6) in favor and none (0) were opposed.
7. Recommendation to City Council
Amending Section 6200 of the Zoning Ordinance
Parking Ordinance
Mr. Seese stated the amendments to the parking ordinance address the deficiencies in the current
ordinance. Mr. Clark commented that this amendment will address several problems, runoff, landscaping,
definitions, as they apply to parking lots. Also changed are references to the Planning Department which
will now read the Community Development Department.
It was suggested by staff to include a clause that parking lots must be paved. Other suggestions included
notifying developers, architects, and engineers prior to voting on the amendments.
No recommendation was made. The Commission agreed to table the discussion and action until the
January meeting.
VI. OTHER BUSINESS
Mr. Clark reported the cases heard by Council since the last Planning & Zoning meeting were approved
with the exception of the Las Vegas Trail carport which was denied.
PLANNING & ZONING COMMISSION • PAGE 9
VII. ADJOURN
The meeting adjourned at 3:40 p.m.
ATTEST:
nning Administrator
RECEIVED IN CITY CLERK'S OFFICE
Date
Dat
Date
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PLANNING & ZONING COMMISSION • PAGE 10