Planning and Zoning Commission Minutes - 11/14/2012MINUTES
PLANNING & ZONING COMMISSION
November 14, 2012
PRESENT:
iI /,
L. O. Nelson, Chairman
♦ Members
John Harmon
•
John Kidwell
•
Karla Miller
•
Vicky Payne
•
David Schmid
•
R. C. Taylor
•
Stephen Anderson" ♦ Alternate #2
Kinley Hegglund, Senior Assist. City Attorney ♦ Legal Depart.
James McKechnie, Assist. City Attorney
Karen Gagne, Planning Administrator ♦City Staff
Marty Odom, Planner III
Monique Coleman, Planner II •
Diane Parker
ABSENT:
Mary Ward ♦ Council Liaison
Warren Gardner
Deborah Morrow
Jeff Browning ♦ Alternate #1
** Mr. Anderson was seated at the dais but did not vote since there was a quorum of
regular members.
CALL TO ORDER
The meeting was called to order by Chairman Nelson at 2:00 p.m. Chairman Nelson then
proceeded to make the following comments:
a. This meeting is being broadcast live on Channel 11. It will be replayed at 2:00 p.m.
daily including Saturday and Sunday until the next live meeting is aired which will be the second
Wednesday of next month at 2:00 p.m.
b. Motions made by the Commission members include all staff recommendations and
developmental requirements listed in the staff report. Any deviations will be discussed on a
case -by -case basis and voted on accordingly.
P & Z COMMISSION PAGE 2 November 14, 2012
c. Applicants and citizens who wish to address the Commission or answer questions
from the Commission members are asked to please speak into the microphone at the podium.
This meeting is being taped and there is no microphone to record statements made from the
audience.
d. Please silence all cell phone ringers during the meeting. If it is necessary for you to
have a cell phone conversation during the meeting, please use the hallway outside this room.
II. PUBLIC COMMENTS
No one from the audience wished to address the Commission regarding items not on the
agenda.
III. APPROVAL OF MINUTES
Mr. Taylor made a motion to approve the minutes of the October 10, 2012 meeting. Ms. Miller
seconded the motion. The minutes were approved with a unanimous vote.
IV. 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:
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.
PLAT:
Horseshoe Bend Estates, Lot 24 -A, Block 1 [replat] (Nov. 2012) - No comments were received.
CARPORT:
1. Case C 12 -37
Carport in the front setback
1213 Glidewell
P & Z COMMISSION PAGE 3 November 14, 2012
Donal and Mary Ann Merriex requested conditional use approval to construct a carport in the
front setback at their residence on Glidewell. There are three (3) properties within the 200 foot
notification area with carports in the front setback.
Nineteen (19) surrounding property owners were notified of this request. Three (3) or 15.79%
responded in favor and none (0) were opposed.
Mr. Schmid made a motion to approve the Consent Agenda; Ms. Payne seconded. The motion
carried.
V. REGULAR AGENDA
Case 12 -38
1403 301h Street
Request for conditional use approval for outdoor storage for inoperable vehicles within a
General Commercial (GC) zoning district.
Mr. Gary Martin of Cantu Towing requested conditional use approval for outdoor storage of
inoperable vehicles within a General Commercial zoning district on 301h Street. The last use at
this location was sales of used automobiles. In October 2011, the applicant leased this property
in order to store inoperable vehicles as part of his towing business. Inoperable vehicles meet
the definition of outdoor storage. This location is within a GC zoning district and outdoor storage
requires the approval of a conditional use permit. The applicant was issued a courtesy notice by
the City's Code Enforcement Division in early October, 2012. At that time, he was informed that
a conditional use permit would be required to continue the outdoor storage.
This lot is surrounded primarily by commercial businesses; there is one single - family residence
to the southeast.
Staff felt this proposal would be compatible with the neighborhood and recommended approval
with the condition that the outdoor storage be screened from view from the adjacent right -of-
ways with a solid opaque fence that is uniform in material and color.
Thirteen (13) surrounding property owners were notified of this request. None (0) replied in
favor and one (1) or 7.69% was opposed.
Mr. Odom stated he spoke with Mr. Martin, applicant, the day before the meeting and he
indicated he would attend this meeting. He was not present.
Mr. William Nichols, 3001 Jacksboro Highway, stated the towing business is directly behind his
business. He was originally opposed to this request stating so on the response form from the
property owners mailing. Mr. Nichols continued by informing the Commission that he spoke
with Mr. Martin who assured him the business was continuing with no changes. Mr. Nichols
stated it was unfortunate he was not given this opportunity (to voice his opinion) when the
business first opened. He stated if the business continues as it has been for the last year and
junk cars are not going to be parked there, he does not have an objection.
Chairman Nelson stated Mr. Nichols' concerns regarding lengthy vehicle storage where there
might be tall grass and the accumulation of cats, rats, mosquitoes and other undesirables was
valid. He continued by stating this issue was brought to staff's attention because he did not
apply for a conditional use permit prior to his business moving to this location. Mr. Martin was
informed he must go through this process in order to keep his business open. Chairman
P & Z COMMISSION PAGE 4 November 14, 2012
Nelson told Mr. Nichols if he observed things happening at the towing business that are
contrary to items approved at this meeting, he has the option to notify staff or this Commission.
Mr. Harmon asked Mr. Nichols if Cantu Towing was a different type of business from Lone Star
Motors which was previously located there. Mr. Nichols responded Lone Star sold used cars
and Cantu is a towing service. Mr. Odom stated Cantu Towing will be rotating their stored
vehicles.
Mr. Nichols suggested the towing company might be able to construct a sign indicating where
customers should park and the location of their office. He explained he is frequently interrupted
by their customers looking for the towing company. Mr. Odom stated this Commission could
make his request a condition of approval. There was lengthy and detailed discussion by the
Commission members regarding the placement of a business sign, the exact wording of a
business sign, and the parking signage.
Mr. Taylor made an amended motion:
Cantu Towing must provide on- premise access for customer parking off of 301h
Street.
2. Cantu Towing must provide signage to adequately identify the business on site.
Therefore, Cantu Towing must change the Lone Star Motors rooftop sign to "Cantu Towing ",
white out the former business name, or the rooftop sign must be removed. If the sign remains
and the name is changed to Cantu Towing, the rooftop sign must also include the site address.
A vinyl fence sign will be allowed as optional or additional signage. The vinyl sign
must adhere to the City's Sign Ordinance.
Ms. Miller seconded. The motion carried.
Mr. Taylor made a motion to approve this conditional use permit for Cantu Towing with the
condition that opaque fencing is required; Mr. Harmon seconded. The motion carried.
VI. OTHER BUSINESS
City Council Update
Mr. Odom stated no items from this Commission were presented to Council since the last
Planning and Zoning Commission meeting
VII. ADJOURN
The meeting adjourned at 2:35 p.m.
L."a. Nelsdn, Chairman
n-07 -D3
Date
P & Z COMMISSION PAGE 5 November 14, 2012
ATTEST:
Marty Odom, Dept. of Community Devlopment
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