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Planning and Zoning Commission Minutes - 04/10/20136143 � p Cl- vYl MINUTES PLANNING and ZONING COMMISSION April 10, 2013 PRESENT: R. C. Taylor, Vice Chairman ♦ Members Stephen Anderson Jeff Browning RECEIVED `N John Kidwell 1.1 Y CLERK'S OFFIC : Karla Miller Metty i 3 Vicky Payne DATE. James Wingo RY: _ _ i IME: 0 Rick Graham ♦ Alternate #, Kinley Hegglund, Senior City Attorney ♦ Legal Dept. James McKechnie, Assist. City Attorney Karen Gagne, Planning Administrator ♦City Staff Marty Odom, Planner III Monique Coleman, Planner II ABSENT: Mary Ward ♦ Council Liaison John Harmon ♦ Members David Schmid Robert Riddle ♦ Alternate #2 I. CALL TO ORDER The meeting was called to order by Vice Chairman Taylor at 2:00 p.m. Vice Chairman Taylor 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. 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. P & Z COMMISSION PAGE 2 APRIL 10, 2013 111. APPROVAL OF MINUTES Ms. Metty made a motion to approve the minutes of the March 13, 2013 Planning and Zoning Commission meeting. Mr. Anderson seconded the motion. The minutes were approved with a unanimous vote. IV. CONSENT AGENDA Public Hearing on Final Plats The Planning and 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. REGULAR PLATS: Lake Wellington Estates, Phase Eleven, Lots 25 -28, Block 3; Lots 5 -8, Block 15; and, Lots 3 -7, Block 21 and a replat of Lot 24 -A [ replat] (Apr. 2013) 1. Engineering drawings required for extension of sanitary sewer, water and streets to serve each lot per City Ordinances. (Engr) 2. Subdivision will need to comply with current Storm Water Detention Ordinance. (Engr) 3. Lot numbers for Block 21 need to be revised to reflect filed Phase 10 plat. (Engr) 4. Label each street with (Her. Dedi — 50' ROW). (Engr) 5. Lot 5, Block 15, South line, "12.32" and "84.79" add to "97/.11 ", should be "97.10 ", please correct. (Engr) 6. Lot 8, Block 15, North line, "20.76" and "89.73" add to "110.49 ", should be "110.48 ", also bearing should be N 88 056'33" W, parallel with centerline, adjust Field Notes accordingly. (Engr) 7. Please add Flood Zone note to plat. (Engr) 8. Please add a Legend for property corners, symbols for found and set, some corners are called as found, and some called as set, but share the same symbol. (Engr) 9. Provide utility slips. (Planning) 10. Additional easements are required. 5 feet either side lots 4 and 5, Block 21. (Oncor) 11. This area continues to concentrate with more development and only one means of ingress and egress from Barnett Road. (Fire Dept.) P & Z COMMISSION PAGE 3 APRIL 10, 2013 12. This neighborhood only has one way in or out and the police department has received complaints from the residents and parents who have to deal with traffic problems due to West Foundation School. (Police Dept.) 13. There needs to be provision for egress for this subdivision, as it continues to build, access management is becoming more of an issue particularly during school times. (MPO/Transportation) South Winds Shopping Center, Unit One, Lot 1A & Unit Two, Lot 4A [replat] (Apr. 2013) 1. Site is currently served by sewer and water. (Engr) 2. Site will need to comply with current Storm Water Detention Ordinance. (Engr) 3. Please show the East R.O.W. Line for Old Jacksboro Hwy. (Engr) 4. Dedicate 10' utility easements along all street frontages. (Engr) 5. The Northwest corner of the property is called out as "Found Iron Rod" in Field Notes, map shows as "Fd. X in Conc. ", please clarify. (Engr) 6. Provide utility slips. (Planning) 7. Change plat title and notes to indicate "lot" first then "unit" in legal description. (Planning) 8. Additional easements are required. (Oncor) 9. All access to state highways should be approved by TxDOT. (TxDOT) CARPORTS: 1. Case C 13 -10 Carport in the front setback 2709 Ridgeway Drive Ms. Cynthia Barry requested approval to construct a carport in the front setback of her home on Ridgeway Drive. There are three (3) properties within 200 feet of the perimeter of her property with carports in the front setback. Thirty -two (32) surrounding property owners were notified of this request and asked to submit their opinions on a form provided by the Planning office. Three (3) responded in favor and none (0) were opposed. 2. Case C 13 -12 Carport in the front setback 3908 Billie Drive Mr. Hugh McElroy requested approval to construct a carport in the front setback of his home on Billie Drive. There is one (1) property within 200 feet of the perimeter of his property with a carport in the front setback. Twenty -four (24) surrounding property owners were notified of this request and asked to submit their opinions on a form provided by the Planning office. Three (3) or 12.50% replied in favor and none (0) were opposed. 3. Case C 13 -13 Carport in the front setback 1405 Christine Road Mr. Bobby Jones requested approval to construct a carport in the front setback of his home on Christine Road. There are two (2) properties within 200 feet of the perimeter of his property with carports in the front setback. P & Z COMMISSION PAGE 4 APRIL 10, 2013 Twenty -five (25) surrounding property owners were notified of this request and asked to submit their opinions on a form provided by the Planning office. Two (2) or 8.0% replied in favor and none (0) were opposed. 4. Case C 13 -14 Carport in the front setback 1404 E. Cortez Drive Mr. Jose Espinosa requested approval to construct a carport in the front setback of his home on E. Cortez Drive. There are four (4) properties within 200 feet of the perimeter of his property with carports in the front setback. Twenty -eight (28) surrounding property owners were notified of this request and asked to submit their opinions on a form provided by the Planning office. Four (4) or 14.29% replied in favor and none (0) were opposed. Mr. Kidwell made a motion to approve the Consent Agenda; Ms. Metty seconded. The motion carried. V. REGULAR AGENDA Case C 13 -09 Request to Expand an Existing Non - conforming Use in Single Family -2 1221 35th Street Mr. Julio C. Chaidez requested approval to construct a 14'x18' room as an addition to an existing non - conforming use located at 1221 35th Street. The applicant resides in a mobile home that was placed on the property prior to the adoption of the Zoning Ordinance in 1985. It is considered a legally non - conforming or "grandfathered" use. Section 6127 of the Zoning Ordinance allows for the expansion of a non - conforming use provided that a conditional use permit is obtained from the Planning and Zoning Commission. Staff feels this proposal is compatible with the neighborhood and recommended approval of this request. Thirty -five (35) surrounding property owners were notified of this request and asked to submit their opinions on a form provided by the Planning office. One (1) or 2.86% responded in favor and none (0) were opposed. Mr. Chaidez stated the addition would be a bedroom for use by family members. Ms. Payne made a motion to approve this request; Mr. Anderson seconded. The motion carried. 2. Case C 13 -11 Request to build a non - residential building five (5) feet from a single family residence 1301 Martin Luther King, Jr. Blvd. Ms. Norma Stevens of Texoma Petroleum, Inc. requested conditional use approval to locate a 24'x44' storage building within five (5) feet of a residential property line at 1301 Martin Luther King, Jr. Blvd. This building will be an accessory to Texoma Petroleum who has an office on this site. P & Z COMMISSION PAGE 5 APRIL 10, 2013 The Zoning Ordinance requires a 30' setback from a single family residence for non - residential uses. An exception can be made by the Planning and Zoning Commission through the conditional use process if the residence is located in a commercial zoning district. Both uses are located in Light Industrial. The adjacent residential structure appears to be vacant and it is unclear if the house is in habitable condition. Staff recommends approval of this request. Twenty -four (24) surrounding property owners were notified of this request. Three (3) or 12.5% replied in favor and none (0) were opposed. Mr. Browning made a motion to approve this conditional use request; Ms. Metty seconded. The motion carried. VI. OTHER BUSINESS 1. City Council Update Mr. Odom stated City Council approved the rezoning request for 4300 Barnett Road at the April 2, 2013 meeting. Council approved the Planning and Zoning Commission's recommended text amendment to the landscaping regulations of the Zoning Ordinance. 2. Election of Chairman and Vice Chairman A motion was made to nominate R. C. Taylor as Chairman; it was seconded. The motion carried. A motion was made to nominate Karla Metty as Vice Chairman; it was seconded. The motion carried. VII. ADJOURN The meeting adjourned at 2:35 p.m. . Taylor, Cha ATTEST: Date Marty Odom, Dept. of Community Development Date