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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 Iq Zvtz Date p �J 1 Ty D,47- f3 D"".