Planning and Zoning Commission Minutes - 04/12/2017MINUTES
PLANNING & ZONING COMMISSION
April 12, 2017
PRESENT:
Barmy Brock, Vice-Chirperson
Blake Ha, Bey
Jack Browne
Lynaa Cannedy
Krystal Jamas
Stava Lane
Rodney Martin, Chairperson
Rick Graham
Cayce vvendeborn
Mark McBurnett
E, is Wa5t
James McKechnie, Senior A555i5t. City Attorney
Karen Gagne, Planning Administrator
Aamr, Hudmai i, Planner III
Matt Pluoty, Planner II
Rick Branum, engineering
ABSENT:
Jerry Bea„er
Anthony Inman
I. CALL 10 ORDER
• Iglemaers
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Alt.. nate #Z
• AltemaLe i
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E. Officio
*Council [iaison
• C�g..l la.pt.
- City S,aff
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The meeting was called to oraer by Chairparan, Mr. Rudi,ey Martin, at 2:00 p.m. Chairpar.un
Martin proceeded to makE the following comments:
a. This meeting i� baing telev,5ed live on Channel I I. It will be replayed at 2:00 p.m.
daily including Saturday and Sunday Cantil the next liv-W meeting i5 aired which will be the second
Wednesday of next month at 2:00 p.m.
b. Motions matte by the Cummisaiur, members include all staff recommef,datk-, and
Developmental rugeirement5 listed in the staff report. Any da„iaticns will be diseased on a
case-by-;;abu basis and voted on accordingly.
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c. Applit-notc ?_d riti7apc whn with to addrecc the CnmmicciOn or aocwPr quectinns
from the Commission members are asked to pie-mee c!pen4 into the micrn_phn_=a at the podium
Thic meeting 1c being taped mod there is no mirrophnne to rerard statements made from the
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d. Pl=acp silemPe all cell phn_o ripgarc during the meeting. If it is oareccary for you to
have a cell phone conversation during the meeting, please use the hallway outside this r^_o=.
II. PUBLIC COMMENTS
No one from the audience wished to address the Commission.
Ill. APPROVAL OF MINUTES
Mr.. Cay,e We^deb^_rn i_trnduc_d m mntinn to apprnvo the minute of the Merrh 8, 2017
meeting. Mr. Barney Brock seconded th_e Mnti==. The =i=ut Were apprnvad with a
unanimous vote.
IV. CONSENT AGENDA
The plats committee recommended approual of the following pl=te euhja^-t t^_ the cta='hard
Cooditioaq of Apprnval for Preliminary Plats nod any sperifir. rooditiooG listed:
Standard Conditions of Aoprnval for Preliminary Plats
■ Provide utility and drainage easements as reguired by utility companies and the Director
of Public W_rkc.
■ Submit QA%AIGr, Ctroat, cidewalk and drainage plana to the Diractnr of Public Wnrka and
water plans to both the Fire Marshal and the Director of Public Works. Drainage plans
mutt be cnmplate enough to ioclude impart no currouodin_g property mod i^_elude
detention facilities as required by Director of Public Works.
■ Coordinate street lighting plan and provide utility easements as required by the Director
Of Aviation, Traffic and TmoGportation.
■ Submit fnur (4) ropieq of the rorrpnted preliminary plat to the Planniog Division before
final platting.
Nn_te: Apprnual of 9 pl!t dn-ec ==t imply 'PP =u=1 & dou=lcp= =t "f p =party io ui_I=ti^_=
of the Zoning Ordinance.
PRELIMINAY PLATS:
1. Trophy Park
n. Extend public watnr, cawar at atraotc to core_ oil Iota. (Public Wn_rk-)
b. Please note, or show on the plat that 10 foot utility easements adjacent to all
read right of ways will be requir¢d during final platting. (Public Wnrka)
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c. Provide documentation un proposea irrigation and planned abandonment.
(Public Works)AII access pointy to State roadways shall be approved by T„DOT.
(TxDVT)
The plats committee recommended approval of the following plats sub�uct to the Standard
Conditions of Approval fur Final Plats and any specific conditiuna listed:
Standard Conditions of Appro.,al fur Final Plats
■ Provide utility and drainage easements as required by utility companies and the Diractur
of Public Works.
■ Submit sewer, street, side..alk and drainage plans to ine Directur of Public Works and
water plana to bath the Fire Marshal ana the Diroutur of Public Works. Drainage plana
mast be complete enough to include impact on surroanuing property and include
detention facilities as required by Director of Public Works.
■ Coordinate atrmet lighting plan and proviae utility easaments as required by the Director
of Aviation- Traffic and I ransportatiun.
Note: App, rival of a plat does not imvly approval of development of property in violation
of trle Zoning Ordinance.
Recommendations
Ruuomm�ndud appruval is suAjeet to standard cunditiuns and any specific cunditions listed
below shall be met prior to plat sign -off and/or issuance of a building permit:
FINAL PLATS:
1. Au5dn Sabaivisior., Luta 1-A through 6-A : Block 231, Lots 1-A, 2-A, and 16-B.
Block 23Q
a. Lots 4-A. 5-A and is -A, Block 231 are served by public water, but aro nut Served
by public sewer, a su..cr extension will be required. All other lots art served by
pul3lic sewor and vvater. (Public Works)
b. Clarify and submit documents to show building fire o6paratiun where proposed
prupGrty Iineb are being placed. Building lnspaztions)
c. Provide Utility slips. (Planning)
d. A pre -development meting is recommended for this site. (Planning)
e. Encroachment agrE�ments are recommenced for this ait� to protect the interest
of the property Uwner as well as the city. (Property Management)
2. Old Town Center, Luta 1A & 1B, Block 14
a. Both lots are served by public water, Lot 1B is served by public se..ar, Lot 1A is
nut served by public sewer, a sewer uxten3ion will be required. jrublic Works)
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And 12, 2017
b. Enrrn_chment agreements arm required for the site. (Property Managemn-_t)
c. Provide utility -,lips. (Planning)
Mr. Aaron Hudman stated that t"__ ficol plot for A"stio SubdiviGioo, as well as the final
plat fnr Old Towo Center had been withdrawn by the applicants. Ms. ury-t-1 Jame -
introduced a motion to npprn_u= the rooe-ent ngeoda of the April 12, 2017 meeting,
excluding the two plats that were withdrawn. Mr. Jack Brown- -e^^__ded the motion. The
consent ngnndn w -or approved with n uomaimoucz vote.
REGULAR Arrr-dne
1. Case P 17-03
Regtjest to replat (4301 Wrangler Drivel the east half of I ^_* 'I. RI^_^k K. City VIeug
Heights.
Mrs. Krystal J -_ea m2de a =ti= to apprnue, Mrs. Cayce WeodPboro seconded.
Mr. Aaron Hudman presented the case t^_ —pl-t 4101 Wrangler Driue. He stated the
applicant wa-, platting the lot, making it a legal lot of record in ^_rd_r t_ pull permita -d
build no the panel. Mr. Hudmao stated the property was zoned Single Family 2
Reciden_tial god that 27 pr^_perty owoers had been notified.
Mr. Hudman stated staff rec^_rn_ended-ppr^_uai of the replat for the acct half of Lot 1,
Block K, City View Heights with the conditions as outlined in the r-taff rep^_rt.
Chnirpera_n Martio asked if the applicant was in attendance and wished to speak. and
there uu--, na Los pre--n_t to represent the case. Chairpersno Martin asked if there was
anyone else in the aud'e=^e lah^_ wished to -peak, and thara were n^_oa.
Chairper-,00 Martin opened the motion to discussion among the '-nmmi—jac, and +h -re
-ac onoe. The motion was takeo to a vote and passed unanimously.
2. Q 47 -QA
Request to replat (,1799. 479? & 1715 Ker■+p Bnl+Ievnrd) Lits 9, 10, & 11, Block 84,
Floral Heights Addition.
MG. Lyoda Caonedy made. a motion to approve Ms Krystal James seconded.
Mr. Aaron dud=a= pr_Gen_tnd the Wase to replat 1711, 1713, & 1715 Kemp Boulevard.
He stated the applicant was repiniting 'Kim three Into into === large Int in order to
establish a business at the location. Mr. Hudman stated the property uz-- -_Wed
CoMMercial Corridor (CC) and 26 property owners had been notified.
Mr. u, d= -t-- -d o+aff rPcammeoded nppr^_val of the replat for Lots 9, 10, & 11, Blnck
84, Floral Heights Addition luitl- the n_ditinoa ne outlined in the Ctaff report.
Chairpersn_o Martin asked if the applicaot was in attendance and wished to speak. The
aulalicant, Mr. Karl Klement, was present h„+ r-knaa _nt +_ Gpe2k. Chairpersnn_ Marlin_
asked if there was aoynoe else in the audiPore who wished to speak, and there were
none.
P & z COMMI981014 PAGED April , z, z'u , r
Chairperson Martin upe„ed the motion to discussion among the commission. Ms.
James asked the applicant what type of business he would be establishing un the
property. Mr. Klement stated it would be a coin operated laundry facility. The motion
was taken to a vote and passed unanimously.
3. Carie P 1 r -0o
Request to rplat (31, 35, & 37 Woodland Creek Cirle) Lots 7-A, 9-A, & 10, BlOCK
z, Woodland Creek Addition.
Mrs. Cayce Wendeborn made a motion to approve. Ms. Krystal James seconded.
Mr. Aaron Rudman presented the case to replat 31, o5, & 37 Woodland Creek Circle.
He stated the applicant was proposing to replat the three Iota into one large lot. Mr.
Hudman stated the property was zones Single Family 2 (SF -2) , cbidential and that 30
Property uvvnEr5 had been notifies.
M,. Hadman states staff recvY-nma„ dad approval of the replat for Lots 7-A, 9-A, & 10,
Block 2, Woodland Creek Addition with the conditions as outlined in the staff report.
Chairperson Martin asked if fie applicant vvas in atte„dance and wi0ea to speak. Mr.
Michael Koen, project architect a„d r~sidem at r vvoodland Cri�ek Circle, stated his
client purchased the two additional lots ad�acer,t tv his house because pis backya-d
space was limited. He stated his client wanted to build a pool and pool huose on the
additional lots, bat was informed by [ne City that he Y,cold need to replat the lots in order
to do so. Mr. Koen stated that daring the preliminary pnases of the pnject, the
applicant mali=ed that he had purchased more property than, was necessary for the
project. He stated that Corlett, Probst, and Boyd had recommended proceeding YYith the
replat of the three Iota in order to proceed witp the pro;urt Yvithuat delay. He stated it
YYas the applicant's intention to come back at a later date and replat Lot 7-A as a
separate lot.
Mr. Koen stated that six other property owners in the development had already platted
two lots ;rltu, one, and that this had set a precede, -,t uhovr;ng this was allowed. He stated
that the combined square footage of the three lots in the proposed replat YYaa 33,572,
wpicp was smaller than c„e of the lots in the devalupment that had already been
approved and replahed.
Chairperson Martin asked if tpere was anyone else in the audience who wished to
speak. Mr. Tyler Sales, in hoose counsel for John Hirsehi's office and resident of 3305
Bcmhana„ Street, Stated he was there representing the developer of the subdivision,
John Hirschi. He stated that, per the deed restrictions, the express Y,ritten conber,t of
the aruhitectorl , Gviaw committee is required in order tv redraw boundary lines in the
subdivisiort. He stated thea had been a vote among the lot owners regarding the replat
and it was dim ppruved by a vote of 1 z) to 9.
Chairperson Martin opened the motion to discussion omung the commission. Ms.
Cayce Wendeborn asked what the cbjecticrs had been to the replat. Mr. Salea stated
that the other properties that had been replatted had baa„ around the perimeter of the
subdivision, and the property of the propozed replat was located in the center circle of
the sapdivision. He stated the lot owners felt that this did not conform with the intent of
the devcluper at the [line of the subdiviaivn`s development. He stated that the
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April 12, 2017
rontiguoum length of feore fronting a city street for the proposeA deu_lap_ont ----
longer than -oy n_f the other evicting homes io the neighborhood. He stated the lot
ownerm felt this did not conform with the aesthetic of the _eig"_b_rh=n_d.
Chairperson Martin asked if the two Int- baiug added to the hoMenjuger'c avir-tiog lot
were cVrre_tly vacant, Mr. Salem stated they were currently vacant. Mr. Rick Graham
asked how long the lots had Le -o vwn net. Mr. Sales stated the cubdivimion development
had been completed in 1999 and that the Tats had been sold by the deuel^_pnr ceu_ml
years ago. Ur. ct_uo i ane- _cked if Mr. Hirechi wnc still involved with the arrhitertural
committee for the subdivision. Mr. Sales stated that he luac =_t, th_t _ppr_Yimntely
thme yo-mra Og_ maloagpmpnt of the deVelopmeot was handed over to the Home
Owner's Association (HOA}. He steted th_t the 'rchitertVral review committee had met
Tact Wednesday, April 5, 2017. Mr. Sales stated the committee had voted to defer tteir
rights to vote on tbic icnows t_ the lot nwoerc and another meeting was held the following
Monday, April 10, 2017, at which time the lot owners voted to dis2ppr^uo the p=ep^_ped
deueln-p=e=t.
Mr. Rick Graham asked legal rouomel to clarify if the Planning and Zoning Commission,
as a bodv, was responsible f_r LQU.idarigg the requireme=tc mf no HOA. Mr, James
MrKarhoia rotated on, that platting in no way aggregates deed restrictions or restrictive
covenants. We ctntod all the Commicsinn -n-c being asked to do warn to determine
whether or not the plat meets the reguirements of the subdivision and dove(^_p=an_t
r--gul2tiQue. He stated that, based on ctaff'c determination, the plat did meet the
requirements of the subdivision and development reg- -1=ti^_oc. Mr. McKech=ie -fated
that, per Tevac Loral Governmental Code 212.005, if the plat meats the requirements of
the subdivision and development rag--1=tunes, the C==micci must _pprnua it. He
stated that the Commimmion'm hands were basirally tied in this regard, but that the HOA
could take me_au t_ onfQr''o the deed rectrietionc,
The=_tin_o was tape_ to a vote and passed i nanimoumly.
4. Case C 17-03
Request for a Conditional Use to allow a carport in the required front setback in a
Single Family 2 (SF-2)7=oing dictrirt. This request is for 4320 Grandview Street
Crsuth.
Mrs Cayce Wendeborn made a motion to approve. Ms. Krystal James se andad.
Mr, Aarnn Hudmaa pracaated the race to allow a carport in the required front setbark at
A-109 Gr_=duiew Strmet Sn, rth. The requested 9 ft. Y 20 ft. carport would be located
approximately 10.5 ft. fr^_= the frnr+t prnporty line, 24 ft. from the interior tide prnpafty
line. Mr. Hudmaa stated the applicant's existing carport had been appmued by the
Planning & Zoning Commission in 1995, and the er000sed carport would be adding an
additional stall to the eYimting carport. There Were 0 propertieG within 200 ft. that had a
rorpnd within_ the required front cetbmnk area, b+it therm were 3 to 4 rarportc (orated jurat
outside the nntifirotion aroma, ,S`tef f notified 24 parr -ala, 1 responded in fever, 1 in
opposition, and 0 With no opinio,,V derided. Thom wa a :n recpn_coe received fmm
outside the notification area.
nor. H, Id=a= et0tod ct-ff mrnMmendad approval of the carport at 4320 Grandview
Street.
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P& Z commisslUll PAGE 7 April P z, Z t r
Cheirpurson Martin asked if rile applicant YYaa in attendance and wished to spuak. Nick
Hord, cOntractor for thu prcjact and rresidenl at c101 Bouldur Drivc, stated he could
answer any gaestions the Commission might ha.a. Chair person Martin asRed if they
YYas anym ie else in die audience ,.hu YYished to speak, ana mere were nuns.
Chmrpars�-,n Martin Opened tie motion to d6ca35ion among the commission, and tharc
was no discassion. Thu motion was take., to a vole and carried unanimoasly.
Vl. OTHER BUSINESS
4. City Council Updatz — Mrs. Karn Gagne informed the Commission that On April zF,
201 r the City Ccancil had approved into Ordinance the r��ommended amendments to
the Zcnining Ordinanue allowing Outdoor fund Lcarts in the General Commercial (GC)
=cining distrirt as a conditional use. Shu Stated the ordinance would becumu affiactive
un May 4, 2017.
VII. ADJOURN
The meeting adjournea at 2:27 p.m.
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5 lD cord
Rodney Martin, Chnirpumon Date
ATTEST:
Aaron Hadman, Dept. of Commu
vulUprnl nt