Planning and Zoning Commission Minutes - 02/11/2015MINUTES
PLANNING & ZONING COMMISSION
February 11, 2015
PRESENT:
James Wingo, Chairperson
• Members
Barney Brock
Jeff Browning
+
Rick Graham
Anthony Inman
Rodney Martin
Shannon Rutledge- Hopkins
Dan Leslie
♦ Alternate #2
Kinley Hegglund, City Attorney
♦ Legal Dept.
James McKechnie, Asst. City Attorney
Bobby Teague, Asst. Director, Community Development
+
Karen Gagne, Planning Administrator
• City Staff
Loren Shapiro, Planner III
Christopher Guess, Planner II
Diane Parker
ABSENT:
Ben Hoover ♦ Council Liaison
Johnny Combs
Karla Metty
Justin Jones Alternate #1
CALL TO ORDER
The meeting was called to order by Chairperson Wingo at 2:00 p.m. He 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.
P & Z COMMISSION PAGE 2 FEBRUARY 11. 2015
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.
[I. PUBLIC COMMENTS
No one from the audience wished to address the Commission.
III. APPROVAL OF MINUTES
Mr. Martin made a motion to approve the minutes of the January 14, 2015 meeting. Mr. Brock
seconded the motion. The minutes were approved with a unanimous vote.
IV. CONSENT AGENDA
Standard Conditions of Approval for Preliminary & 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.
Submit two (2) copies of corrected preliminary plat to Planning Division before final
platting.
Note: Approval of a plat does not imply approval of development of property in violation
of the Zoning Ordinance.
1. Preliminary Plat
Belair Addition, Unit Nine, Lots 9 -15 -B, Block 9; Lots 25 -33, Block 10 (Feb. 2015)
conditions:
1.) Label all streets and alleys as "hereintpreviously dedicated." (Planning)
2.) Dead -end streets shall not be allowed, except as provision for future streets.
(Planning/Public Works)
a. Lot 33 of the preliminary plat creates a permanent dead end street situation for
Bel -Air Blvd. Please show a 50' radius cul- de-sac at the end of Bel -Air Blvd.
proposed to be dedicated. With the future development of lot 33, the cul- de-sac
shall be built, or if the street is extended, the cul -de -sac will not be required.
(Planning/Public Works)
3.) Please add the standard note regarding compliance with the storm water ordinance
to the preliminary plat: "Compliance with the current Stormwater Detention
Ordinance will be required on this property before building permits will be issued."
(Public Works)
P & Z COMMISSION PAGE 3 FEBRUARY 11, 2015
4.) Alexandria Street is currently a 60 foot right of way; please continue as 60 foot right
of way to the knuckle. Transition from 60 foot to 50 foot right of way through the
knuckle. (Public Works)
5.) Currently, the Thoroughfare Plan shows a proposed local street which connects to
Kell Blvd. The plat does not show any R.O.W. connecting to Kell Blvd but instead
shows Alexandria Street connecting to Pawnee. (Planning /Public Works)
a. Show R.O.W. connecting to Kell Blvd. on this preliminary plat (Alexandria or
Pawnee)
6.) Ail access points to state roadways shall be approved by TxDOT. (TxDOT)
2. Final Plat
Belair Addition, Unit Nine, Lots 10 -15 -B, Block 9; Lots 25 -32, Block 10 (Feb. 2015)
conditions:
1.) Please proceed with the vacation per last month's P &Z or initiate a replat. (Planning)
2.) Label all streets and alleys as "herein /previously dedicated." (Plan ninglPublic Works)
3.) Dead -end streets shall not be allowed, except as provision for future streets with
temporary turnaround. (Planning /Public Works)
a. Provide turnaround at "Alexandria Street"
b. Show a 50' radius temporary turnaround easement on the plat, or it can be done
by separate instrument.
4.) Provide utility slips (Planning)
5.) Extend public sewer, water, drainage and streets to serve all lots. (Public Works)
6.) Please add the standard note regarding compliance with the storm water ordinance
to the preliminary plat: "Compliance with the current Stormwater Detention
Ordinance will be required on this property before building permits will be issued ".
(Public Works)
7.) Please add the flood zone note to the plat. (Public Works)
8.) Alexandria Street is currently a 60 foot right of way; please continue as 60 foot right
of way to the end of the street. (Public Works)
9.) Please show all adjacent existing easements, dimension and label "previously
dedicated ". (Public Works)
10.) Please remove from the plat the proposed sewer line running through Alexandria
St. (Public Works)
11.) Please provide a bearing and distance for the southern line of Lot 10. (Public
Works)
12.) The individual dimensions of lots 26, 27, 30 and 31 add to 529.78', overall
dimension is 529.77', please correct. (Public Works)
13.) Additional easements maybe required (Oncor)
14.) All access points to state roadways shall be approved by TxDOT. (TxDOT)
Mr. Martin made a motion to approve the Consent Agenda; Mr. Browning seconded. The
motion was approved unanimously. The Planning & Zoning Commission approved the two plats
on the Consent Agenda, subject to the Standard Conditions of Approval for Preliminary Plats
and Final Plats and all specific conditions listed above.
V. REGULAR AGENDA
1. Case P 15 -02
Notification Plat
Westmoreland Park, First Section, Lots 6 -A & 7 -A [replat] (Feb. 2015)
Section 212.015 (c) of the Local Government Code requires public notification for any replat
that:
P & Z COMMISSION PAGE 4 FEBRUARY 11, 2015
1. If within the past five years had zoning limiting the area to single family or duplex use and,
2. Will remove any covenants or deed restrictions on a property.
Local Government Code Section 212.015(c) (Note: a copy of this section must be sent to
property owners as part of the notification plat process.)
"(c) If the proposed replat requires a variance and is protested in accordance with this
subsection, the proposed replat must receive, in order to be approved, the affirmative vote of a
least three - fourths of the members present of the municipal planning commission or governing
body, or both. For a legal protest, written instruments signed by the owners of a least 20
percent of the area 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, must be filed
with the municipal planning commission or governing body, or both, prior to the close of the
public meeting."
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.
Staff recommends approval of this request to replat Lots 6 -A and 7 -A of Westmoreland Park,
First Section, with the following conditions:
1. Label all streets and alleys as "herein/previously dedicated." (Planning /Public Works)
2. Provide utility slips (Planning)
3. The lots are served by public sewer and water. (Public Works)
4. Please add the standard note regarding compliance with the storm water ordinance to
the plat: "Compliance with the current Stormwater Detention Ordinance will be required
on this property before building permits will be issued ". (Public Works)
5. Please increase the font size for the right of way dimensions on the streets.
(Planning/Public Works)
6. All access points to state roadways shall be approved by TxDOT. (TxDOT)
Mr. Guess presented the notification plat, which expands one lot, increasing the lot size, and
making it developable. The surrounding property owners within a 200 foot notification area were
notified of this request. Three (3) responses were received in favor, and two (2) were opposed.
Martin Litteken, Cornerstone Engineering, presented this case on behalf of the applicant. Mr.
Litteken explained the replat combines one original lot and a piece of another lot. This action
will result in having the existing house on a corner lot of Cumberland Avenue then a buildable
lot in the between that house and the established house next door. The width of the middle lot
would be increased from the lot on the corner which would be wider than the subdivision
ordinance requires. The purpose of this replat is to sell the comer lot and build a home on the
[newly configured] smaller lot. Mr. Litteken requested confirmation determining surrounding
property owner responses in support and opposition.
Mr. Litteken mentioned some of the comments by property owners in opposition included one
who thought the lot should to be wider, while another thought the lots were too close together. .
Chairman Wingo asked if anyone in the audience wished to speak about the case. There were
none.
Chairman Wingo stated the case is closed for public discussion
P & Z COMMISSION PAGE 5 FEBRUARY 11, 2015
Chairman Wingo asked if there were any discussion items, comments, or questions from the
commission.
Mr. Martin asked if the conditions are merely to clean up the plat. Mr. Guess confirmed that was
the case.
Mr. Graham asked if there was any unusual setbacks. Mr. Guess replied the plat would follow
the standard setbacks.
Mr. Browning asked if the proposed replat would take property away from 3509 Cumberland
Avenue, the lot adjoining it. Mr. Guess responded it would increase the lot size and width from
3513 Cumberland. Mr. Browning inquired about the width of 3511 Cumberland and the newly
proposed home. Mr. Guess stated the lot would meet all subdivision requirements.
Chairman Wingo commented 3511 Cumberland seemed to be appropriate for a smaller house
otherwise the house might be too close to 3509 Cumberland. Furthermore, the lot would be
smaller than other neighboring lots. Chairman Wingo indicated his concern that the proposed
house should complement the surrounding homes and lots. Mr. Guess responded it would be
required to the appropriate setbacks and could not be built closer to the property line than our
subdivision regulations permit.
Mr. Inman asked if there was a historical purpose for the 3511 Cumberland lot being so small.
Mr. Guess stated he was not aware of any historical reason. Mr. Litteken stated 3511
Cumberland was the west 41 feet of a lot combined with part of the comer lot.
Mr. Martin asked about the exact width dimensions. Mr. Litteken stated the smaller lot would be
72 feet wide; the corner lot would be 157 feet minus the 72 feet leaving 85 feet, plus the length
along Lebanon Road. Mr. Graham asked if Lebanon is residentially or commercially zoned. Mr.
Litteken replied the area is residential.
Mr. Martin made a motion to approve the replat of Lots 6 -A and 7 -A of Westmoreland Park,
First Section; it was seconded by Mr. Leslie. The replat was approved unanimously.
2. Case P 15 -03
Notification Plat
Park Place Subdivision, lots 3 -C & 3 -D, Block M [replat] (Feb. 2015)
Section 212.015 (c) of the Local Government Code requires public notification for any replat
that:
1. If within the past five years had zoning limiting the area to single family or duplex use and,
2. Will remove any covenants or deed restrictions on a property.
Local Government Code Section 212.015(c) (Note: a copy of this section must be sent to
property owners as part of the notification plat process.)
"(c) If the proposed replat requires a variance and is protested in accordance with this
subsection, the proposed replat must receive, in order to be approved, the affirmative vote of a
least three - fourths of the members present of the municipal planning commission or governing
body, or both. For a legal protest, written instruments signed by the owners of a least 20
percent of the area 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, must be filed
with the municipal planning commission or governing body, or both, prior to the close of the
public meeting."
P & Z COMWSSION PAGE 6 FEBRUARY 11 . 2015
The notification includes all ♦ the owners • the lots • lands immediately adjoining the area
covered • the proposed replat, and extending 200 feet from that area, but within the original
•• •t
Staff recommends approval of this request to replat Park Place Subdivision, Lots 3-C & 3-D�
Block M with the following conditions,
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