Loading...
Planning and Zoning Commission Minutes - 05/10/2017MINUTES PLANNING & ZONING COMMISS019 May 10, 2017 PRESENT: Barney Brack, Vice -Chairperson BlaRe Raney Anthony Inman + Jack Bn,wne Lynda Cannedy ♦ Altemate -#'d Krystal James Steve Lane . Altomato 91 Rooney Martin, Chairpursun Rick Graham Cay4� Wendaban Mark MuBurnatt ♦ Ex Omaia Eric vvest Council Liaison Jim Dockery +Deputy City Mgr. James McKechnie, Senior hssistant City Attorney + E ial o.pt Karen Gagne, Planning Administratur . Cit, Staff Aamm Hcdman, Planner III Matt Prouty, Planner 11 + Rick Branum, Engineering Pat Huffman, Property Administrator ABSENT: Jerry Beaver I. CALL TO ORDER The meeting was called to orner by Chairperson, Mr. Rcdnuy Martin, at 2:00 p.m. Chairperson Martin j rucuudad tc make the following comments: a. This malting is being televised live an Channel 11. It will be replayea at c:00 p.m. daily including Sato day and So, day until the next live meeting is aired .vhich vvill be the second Wennesday of next month at 2:00 p.m. Q. Motions made by the Commission mr mbzrs include all staff recummendations and developmental reguirer„eits listed iii the staff report. Any deviations will be discussed on a case-by-case basis and voted on accordingly. 2 & Z CQhAhGIMON 2Ar.F 2 U2V is 2n'7 c. Applicants and citizens who wish to address the Commission or answer queGtiaos from the Commingioo member-- are asked to plenca Gpenk into the Mirrnphnoe nt the pn_dium. Thi- meeting i-- being taped ==d t"_ere is no microphone to record statements made from the audience. d. Please silence all cell phone ringers during the meeting. If it is aere--sary for you to have a call phone cppvarcntinn during the meeting, pleacc uge the haliway _ut-id-- thie rnnm II. PUBLIC COMMENTS No noe from the audience- wi--hod to addrecc the Ce---misaiaa. III. APPRnvei OP mIhIUT=c Mrs. Cavice Wendeborn introduced a motion to approve the micutem of the April 12, 2017 meeting. Ms. Krystal Jappas cprnpded the mn_tino. The rniGutac waren apprnved with a U0;113imnUc vote. IV. CONSENT er-'PWDA Tha plat-- remmittee rernm=ended 0pgrn"-I r+f the following nlats subject to the Standard Cnoditiooc of Approval fnr Final pint-- and aoV --pefifir r_nditin_o- listed: Standard Conditions of Approval for Final Plats ■ provide- utility and drainnge en--p_p:te ne reauired by utility companies and the nirertor of PUhlir Wnrk--, ■ Submit sewer, street, sidewalk and drainage plane to the nirertor of puhlir= Wnrkc mod t --ter glans to both the Fire Marshal and the nirertor of Puhlic Work--. nrnioaga ping- mu --t h_-omDlete enough to include impact on surrouadiog prapertY and include deteotioc f=riIitie-- reguired by Director of Public Works, ■ raxrdi=-te --treet lighting Dian and provide utility easements as reguired by the nirertor of Aviati^_^_, Trnffjr' aLid 2r=Wortation. Note: Approval of a plat doe-- not iMplV agprovai of deual!2pment _f Drooertv in violation of the Zoning ordinance. Recommendations Rpr-na3Maoderi apprnvni i-- --uhier't to etaodard conditions and any specific. conditions Iisterl helow shall he mat prior to plat --igp_off nndiQr i----uaare of a building hermit: FidAI Di ATS: J. Quail Ridge Fctatea L?h�cn P & Z COMMISSION May 10, 2017 a) No comments 2. Au5dn Subdivision; Cots -i-A — ti A, BIu4R 231, Lots 1-A. 2-A Z 16-B, Block 230 a) Lots 4-7N, d -R and o -A, SlocK z31 are servea by public water, but are not servea by public sewer, a sewer extension ..i216e reyairea. All other Iota arr served by p1361ii ; sewer and water. (Public Works) 6) Encroachment agrementa aro recommended for this site to protect tPic intarast OT the property owner a5 Well a5 the city. (Property Management 3. RemP's Subdivision of the William Mayer Scrvuy, A -19s, Cuts 10-17, Black 1 a) I Pie pmpused lots are nerved by public water.. approved onsite sewage syaturn5 will Ise required. (PaBlic vvznRs) 4. Bridge Creek Estates, Cot i-iu, BlrcR 9 a) I he property is served by public sewer an'a water. (PmMic vvorR5) 6) Provide atility slips. (Planning) 5. Davuelt SuSdivi5iun, Cuts 1 & 2. Bluuk 1 a) I Pie pV,perti755 aro serves by public sewer and water. (Public vvorRs) 6. Troprly rarK, Seutiuri 4 a) Extend public water, sewer and streets to 5erva all lots. (Pabl;c vvo�Rb) b) Pledge treece all line work indicating "Tuture development". (Pa61ic vvorRs) L) Proviae utility slips. (PIanIlirlg) Mrs. Cayce WendUbarn intrudaLad a motion to appruve the consent agenda of the May 10, 2017 meeting. Ms. Krystal James seconded the motion. The cumaent agenda vyaa approved with a unanimous votu. V. REGULAR AGENDA 1. Cate P 17-07 Request to replat. (Zm'v,4, cz[04, aw 2406 Piedmont Plaza) Lots 2-4, Block 11, Shopparu Estates Addition. Mr. Jack Browne made a motion to approve. Ms. Krystal James seconded. Mr. Aaron Hadman presented the case to replat 2402, 2404, & 2406 Piedmont Place. He stated the applicant waw ri�zplatting the luta in order to create one large lot. Mr. P R 7 r_QUUlsslQd Qer-c 4 Mav i=, :=iz Hudman stated the propertv was zoned General Commercial (GC) and that 20 parcels had been notified. Mr. Hudmao Stated staff recn_m_ended apprn---1 of the replot fnr I n!- ')-A, Plock 11, Shappard Ectntc- Addition wi}h the rnoditi_n- -m- autiined in the staff report. Chairperson Martin asked if the anplicant was in attendaoce and ►Niched to speak, and there was no one present to represent the nase. Chnirpe-mno Martin asked if there was anyone else io the audieoce who wished to speak. Mr. Doug Paul, recideot Ot OOnd Cooke Aveoue, stated hi- mother-io-law owoed the 1_t adj-^e^_t t^_ the properties being replotted. He stated he =ad reque-tad a copy of the plat from the City, but was informed that it would not be possible to obtain a copy until after the Planning & Zoning Commission meeting. Mr. James McKechoie stated that any request for dnrumaoto would need to be requecti-d through an open records request. Mr. H, ldmao anted that because the plat was ant yet filed with the cn_uoty, it wa- :nt yet recng=i=e^j 20 a legal Int of rannrd. He stated that the n_=1y dnr"men_tatin_= -toff had at that phase was what wan prn_uided by the _u—ny_r far preliminary review. He stated that once the plat is epprn_ued, it becomes public record. Mr. Rick Graham asked if there was not somethiog that could ba provided t_ the I-Itl=a_- that would shnw them what changes a replat would entail. Mr. M^Ve^h=ie stated that they cnuld oat be given n copy of the plat withn_ut suhmitting an open records request, but they could came ui_w the proposed document. Chairperson Martin asked what iof_rrn.tin_n was distributed with the notifications to the public=. Mr. Hudmao stated the notifications included a map showing the properties included in the replat, as -11 ac the surrounding parrelc. Mr. Paul stated the ontifiratina did not include a ropy n_f thn actual plat, or anything iodicatiog whethar the evicting cetba^k- a=d easements would remain. Mr. Hudmao etated that oll ^_f the evicting setbacks and easements would have to remain no toe plot unless properly vacated by state law. He stated that io accprdaocA wit"_ Texas Local Government Code, any rhaogec in res_trictinos would require a notification similar to the one seot out for the replat. Chnirpe-moo Martio opened the mntino to disnucci^_= a=^_ng the commission, and there wnc none. The motion w=c t:4e: t^ o uate and passed unanimously. 'J. r'm-n Q 17-06 Request to replat (3801 Call Field Road, nod 4001, 4003, & 4005 G^cca4f Uri -el Lot 1-A. Black 9-A, Faith Village Uoit 1, Lots 1 & 2, Black 121, white Acres Subdivision. and a 50'y 175' tact out of BIr ck 13. Don+a= r^unty School Lands League 1. M-. Kry-t-1 James made a motion to approve, Mr, Barney Brock secnoded. Mr. Aaron Hudmao preseoted the case to replat 3801 Call Field On -2d, and 4001, 4003, & 4005 GosCett Driva. He Stated the applicant w-- replatting the four lots into one large lot. Mr. Hudmao -feted the pr^_perty was zoned General Commercial (GC), Limited Cammer''ial 0 r), and Single Familv 2 Residential (SF -2) and 31 property nw_arc had ",een notified. He stated the existing building located oo Lot 1-13 sat alar a publi^ -ower line and utility easement. He stated that either the lioe needed t., he relocated and the easement abandoned, or ao eocrnachma_t agree=-=+ would need to be obtained for the building and easement Mr. Wudman stated staff recommended approval of the replat for Lot 1-A, Black 9-A. Faith Village Unit 1, Lots 1 & 2, Block 13, White Arras Subdiui-in_o, a=d 2 50'x 175' tract P & Z COMMISSION PAGE a May Ia. tui f out of Block 13, Denton County School Lands League i Win the conditions as outlined in the staff report. Cha;rper;,n Martin a;k—=d if the applicant was in attendance are id wished to speak. The applicant, Bo Clark, Stated he was available to address any questions. Chairperson Martin asked if there was aiiyone else in the audience wno wisRea to spealt. Ift. t'ovetta vvalden, resident at 4004 Gcasatt Drive, Stated the rasident5 in the neighbcrho; ;d did not want to 5aw commercial development in their residential neighborhood. She stated there woula Be increased traffic and noise vvith any commeriai duvulupmumt. Mr. Jame5 McKachnie pointed act that the Lase currently before the Cumm6t ion was dealing only with the replat ana that Me questions being asked would be more geared to thl upcoming razuning caaa. Mr. David Gallagher, resident at 4015 Gossett Drive, asked for clarification on vvhat the ruplat vvas changing. Mr. Aaron Hadman stated the applicant was combining the three lots into one large lot. Mr. Gallagher a0ea what the purpose was of combining the lots. Mr. Hudman stated the I—Vt could be asad for any nembcr of this ,g5 depending an the applicant's intmit;uns. Mr. Gallagher stated there were people residing in one of the homes included in the replat and asked ho,,. they vvould be affected. Mr. Clark Stated the intent, based on the uatcome of the upcoming retuning cabe, was to place a 6,000 square fault Buffalo vvila vvings on the larger, replatted lot. Chairperson Martin opened the motion to discussion among the commisJu . Mr. Cayce Wundcborn asked if platting multiple Icts within different toning districts wasn't essentially patting the cart before the horse. Mr. IMcRecllnie stated that doing so could limit what could bl dun- on the property, but there vvas nuthing restricting the applicants from platting a lot with multiple «ning distriuts within it. Mr. Anthony Inman a5fta nor clarification that the existing zoning buandariuo vvunld remain the same once the Iota arc rcplatted. Mi. McKechn;c confirmed that the existing coning boundaries would remain in place. The motion was taken to a vote ana passes unanimously. 3. Case R 17-01 Request to rezone 0.241 acres of land from Single Family A Residential j�F-cI to Limited Commercial {LCI. I Itis request is ror 4005 Gossett Drive. Mr. Rick G, ahem made a motion to appruv�. Mr. Jack Browne 5ecanded. Mrs. Karn Gagne presented the case to rezone 4005 Gasses Drive from Singe Fami,y 2 Residential (SF-/-) to Limitea Commercial. She stated staff initially met vvith the applicant regarding the proposed po;crt back ;n March of 2017. It vvas initially propusad tc saak a rezunc to General Commercial (GC) fur the proposed lot, as well as the two luta at 4001 a, id 4003 Gossett Drive, which had beeii retuned to Limited Commercial (LC) in 2001. Staff expressed concerns over the intensity of such zoning, ana it was later agreed upon to seek the currently proposed rezone of 4005 GZ;53.-tt Drive to Limited Cvmmero;al (LC). Mrs. Gagner stated that when the stoning of 4001 and 4003 Gossett Drive was initially proposed in 2001, the request was to rezone born lots to General Commercial tGCI. Staff had supported the application, as did the Planning and Zcniny Cummiaalvn, but Q n '7 rrQUUIeSION en[;� S Uav i-, 2017 City Council did not approve the re -=_e. City Council recommended the appliraots rhauge their request from general Commercial (GC) to Limited Commerriml (LC). The applicant'- did as the Council recommended, and the application was eubepque_tly approved. Mrs. Gagop stated that in 2007 the some Ln-_e—h_ip group again requested to re7nna 4001, 4003, and 4005 G_ee_tt to General Commercial (GC). Staff rarommeoded disapprounl of fh—=pplication, and the Planning and Zoning Commissino algin denied tho re-Qne request. The application did not go before the City Cnunril be­ue-_ the applicant chase to withdraw. Mrs. Gagne stated that the currant prnpne-1 mme to rezone the lot at 4005 Gossett Drive from Single Fomily 2 Reeideuti=1 (SF -2) to Limited Commerrial xn that it car+ be combined with the In_te at 4001 and 4003 Gossett Drive io order to prnvide parking for 8 p _pn_aed restaurant located on the adjarent, General Commercial (GC) parr -el -t 3801 Call Field Road. Mrs. Gagne stntad -hat appeared to be e= 21ley running between the homes no Gossett Drive and the rn_merriml Vere in Faith Village Plaza was artually a pn fed eaeamnof. She e}eted fbera -as also an unnamed street larated betweeo 4011 and 4015 Gas-ett Oriue. She stated there was already some rommernial Ieakngp "_ming through at this unnamed public right -of --way from the Fiaichiog Touch el==e, and there was a home occupation barberchap operating %Afith mrrece to the unnamed street. Mrs. Gagne et_ted tho rezone could ootentially be ronsidered sent 7o_iog beemueo it Mould be increasing the intensity of the land i iso, but pointad ^ut tb2t Limited r'n-mmercial fLCI zones typirally anted as a buffer between reeidential uses and more intense commercial uses. She stated that etoff had r^__eidered the changing rooditinnc in the area, the relatinnehip to the land ace plan, and the nature and degree of impact to neighboring laude. Mrs. G-g=e stated there had been obvious rhaoge in the area ei_ce the subdivision was developed in the 1950'x. The eYplosivp growth n_= Lawrence, Rhea, and Call Field Roads resulted in a shift from warehnwsa type de-elopment to commercial retail. She stated the- original, 1984 land Li -e plat: c21led for the southern portion of Call Field Road to by categari-7pd me In_u, da_eity residential. She stated there had been some changes _,liar time m_ui_g toward more intensive land uses in this area. She p_iot_rt to areas of Ge_nr_I Commercial (GC) and Light Commercial (LC)-_^_ing, with Institutional and Light Commercial laod usPG no the enuth side n_f C211 geld Road. Mrs. GagnA_ stated that Light Commercial land ueee ale_ designed to create a buffer betwpeo loaf density residential areae and more intense land uses. It is rhararteri7ed by hover trafr smaller buildinge, -_d smaller lot sizes. Mrs. Gagne stated aonther roasiderntiau were the concerns of the surrounding residents. She stated 18 prnpertiee wit=i^ the 200 foot notificatioo area had boon notified, 4 recpcoded in fau_r, 5 in opposition, and 0 responded an opioinn/uoderider+. She Stated there Mould he no access to the proposed parking lot frnm r_nceett Drive, and, ae p=r the buffering reguiremeots of the 7coing ordinance, there would be a privacy farce separating 4005 and 4007 Gossett Drive. She et_tod the fence separation would prevent any additional trash or traffic from c --Wowing into the neighborhood. She stated staff waft rpnowma=ding that the puffer fence be set bark to allnw the i=etallati=_n of a cidewnik and laodscapi_g. P a 2 COMMISSION PPtGE , May 1U. AV' 1! Mrs. Gagne stated that the zoning o,dinance requires that lightijig be directed away from adjacent uses. She stated these was also a separation setback of 30 feet required from residential uses. She stated Limiter Commercial t[C) uses were limited, and Roars of operation were also limited to between 6 a.m. and midnight. She stated drivu- thrus, drive-ins, repair survicuu, and outdoor storage are nut alluvved in the Limited Carrlmzf .ial (LC) muning d;strict. Mrs. Gagne stated that staff recommended approval of the rrcone of 4005 Gossett Drive froth Single Family 2 Residential (SF -2) to Limited Commercial (r_C) witR an amendment of the lana use plan to Eignt Commercial. Cham parson Martin asked if the applicant was in attendance and wished to speak. The applicant, Mr. So UlarR, was present but chose not to speak at this time. Chairperson Marlin asked if there was anyone else in tRe aurience wRo wislled to speak. Ms. Luvatta Walden, res;dent at 4004 Guaa�tt Drive, stated the residents wanted to keep the i ieighborhuod residential. She stated there were currently renters living in the homes at 4005 and 4007 Gossett Drive and that they ,arcall nice people. Ms. Walden asked what would become of the access easement running behind the Romes on the east side of Gossett Drive. She stated the residents had always believed it to be an alley, and asked if it was guing to be done away with. Chairperson Martin stated that, according to the site plan, it appeared the aasement would dead and into a fence. Mr. Rick Branum, Engineering, stated that though the alley was not actually a Lity right-cf vvay, it was used as a trash rvuta and could not be eliminated. He stated that this issue had been discussed daring pre -development meetings with the applicants and it was made clear that the allay must rem nim cpan. Chairper5aii Martin asked if the alley was going to pass through the fenced off parking lot. Mrs. Gagne states, yes, that area of the parking lot would remain open; and an agreement w;th the developam would have to be in place to allow access for the sanitation tracks. Ms. Walden stated that excess commercial traffic was already overflowing into the neigh bcncc;vd from the unnamed street and through the allay. She stated that the proposed development would only increase the degree of the traffic: as well as the noise and the trash. She stated the noise from car doors and car alarms could already be heard in the neighborhood from the parking lots across Call Field Road, and the proposed development would be moving the noise even closer to their homes. Mrs. Cayce vvenreQorn pointer out tnat, Because tRe alley was going to be kept open, Lara using the proposed parking lot would be able to drive through the alley. Ms. Walden stated that having a Buffalo Wild Wings located adjacent to the neighaorllooa would make the EAiatirig Atcationa vvith ncisa and traffic much vvurse. Mr. John Gallagher, resident at 4015 Gossett Drive, stated he cpGratad the Back Allay Barbet Shop, the home occupation that was previously mentioned. He stated he had been uperatiny at his I-Wcatiom fvr 16 years, and ;n that time had obsenrad thW high degree of traffic; on both the unnamed street and the alley. He stated that his main concern was that people would not be able to access his barber shop due to the increased traffic to the area. He stated he was also concerned with the negative affects the zoning change would have on his property value. E R 7 r_r%UUissind PAGE 8 U2V In ?nJ z M-. I arise Floyd, resident at 4006 Gossett Drive, -ztnted She and her f-_ily bed owned their home fnr 18 year_ and they hod conrraroc about the proposed development. She Stilted ohs believed efforts would be made to mitigate the traffic, onisp, nod polluting in the area, but waa well aware of how people beh­ sd they had been out at a bar late nt eight. She -t-t_d wit"_ alcohol involved, she was worried about fights, hn_okiog horns, people throwing thiogG and eveo firing guns right _ _cne the street from her home. She stated the traffic wns al-^_ -m concern. She stated even though there was oo dire^t access into the neighborhood, the iodirert arcacc that ---cz alrex4y occurring would only get wome. Ms. Floyd stated though the rurrpnt roqueet wa. for n o=zone to Limited Commerrial (LC), there had bee- a 1^_=g "_istory of rezone requests for the involved properties a=d there was nothing preventing them from requesting a ro'_ua t_ General Commercial (GC) in the future. She ctnted ohs mo=uld like the rezone attempts to stnp Qo that She c^_uld enjn_y her neighborhood the way it was. She state Shp believed bar neighbors all agreed no that front. Ms. Tina Porter, resident at 4000 Gossatt Drive, stated she agreed with her neighbors that the proposed re2__e would be a disaster. She stated no matter ho- many fe--e- -re put up, or how many people say the noise, lights and tr-ffir won't be an issue, things will happen that are bayand a=yn control. She stated she wanted the oeighborhnnd t_ rAny _Yoctly the way it was. Chnirperc__ Marti= =pened the motion to disruGGioo among the nmmi­ion. Ms. Cayce Wendeborn Gtated she was very ouch agai_c-t changing residential areas to rommernial areas. She -t-tad this had occurred too often io the pact, aduerealy affa,-ting neighborhoods. She stated Buffaln Wild Wi=g- was a sports bar, not a restaurant. She stated people gat r+runk and do stupid thiogs and this mInc not _ppropriato for a residential area. She Gtated ooisa, lights nod tr2'b would be an issue and a fence would ant prevent pan -pie from littering the neighborhood with beer bottles. Ms. Wendeborn stated her busioess nt 151 --=d I amar was located arrnss_ the street from P2 She Stated the street and sidewalk were rnostaotly littered A,ith broken beer bottles. Ms. Wendeborn -stated she was unable to d^_ anything about these i-z-zue-z because -.he was lornted is a General Commercial (GC) 7oniog district, but chp thought it w_c unfair to impose a similar cituatino oo a rwcidenti2l neighborhood. She stated, thotfgh the current re7_na wnQ for Limited Commercial (LC), none that ball St=rted _fling it would be very easy to take the Limited Commercial (LC) ==_ing and change it to General Commercial (GC) -7nniog. Ms. Wendeborn stated she agreed that the 'r22 "_-d changed Quer the years, but this was still a residential area. She stated there was plPnty of laod io the --ity that was alteady zoned General Commercial (GC) that would -nt be encroaching on a Single Family 2 Residential (SF-2)-pighh^_rhood. She stated she would hate to cos Buffalo Wild Wing- -but down as a nuisanre like n Similar Situatin= across the street from the MPEC where a reAtaurant was cln_-ed down due to its negative impart no the currmunding re-ido=tial neighborhood. She Mated she believed the city deserved to have a Buffalo Wild WiogG, but this w_s unt the right place for them to be. P a 1. COMMI551OR p7GE _V May 1 U. zOi i Ms. Krystal James asked if the development would be able to prr,:ued at thu prcpcaad location if the rezone did not gat approved. Mr. Bu Clark stated the rez-o, to was for only 10% of the land use in total for the development. He slated May would likely be able to proceed without: Me rezone, but it would require e close study of the parki,.g requimmanta. He stated that, depending on their ability to satisfy the parking requirements, it was possible that Buffalo vvila vvings would renew their lease at the mall. Ms. Krystal James asked ..hy Baffalc Wild Wings was looking tt, move to the prupomed location. Mr. Clark stated they preferred to have a freestanding building. Unlike the mall location, they would have a more open amvironmant with n+ure wi„dovvs. Chai, person Martin asked Devin Smith: Engineer with Corlett, Probst, and Boyd, if the proposed 109 parking places ..aa the minimum required by code based on the square fuutage of the pruposad building. Mr. Smith stated the minimum number of required spots would be around 75 depending on the number of required staff. Chairperson Martin askad to Ni shun where the fence would be located. Mrs. Gagne statet] the site plan oorrently shows the fence located on the outer perimutur of the property line, but staff was racummunding, though it could nut require, a 10 foot separation between the fence and the p,operty line to allow for a siOewalR and a landscape strip. Chairperson Martin asked if the development guidelines for r-imhelt Commercial (LC) cones directly aaaressed the issue of lighting. Mrs. Gagne atated it would be a ruquimmant to di,zct the lighting away from surrounding prupel4ie5, ana coae enforcement was able to enforce tRe number of lumens allu.vud for lighting of a commercial businas,. Mra. Wendeburn stated, regardless of the recti ictions, there would be light pollution in the in the neighborhoua. Mrs. Gagne stated that planning the speciac placement of the lights could mitigate the effecta un the F,eighborhood. Chairperson Mallin asitea what the proposed height of the fanca ..aa. Mr. Gagne stated it ..cold mead to be a minimum of 6 feet. Mrs. Wendeburn asked if it was likely that the buffer fence would stop at Me easement if the rezone ..ere not approved. Mra. Gagne stated the pruparty had been replatted and that the lots at 4001 and 4003 were already toned Limited Commercial, hence the applicants could still extend ac LxJrI the easement even if 4005 Gossett Driva ..are not re,_oned. She stated, in this case, the buffer fence would still be required due to proximity to a residential street and residential zoning. Mr. Rick Graham asRed it the site plan showing the aesemant as clused was an errur. Mr. Brmom stated that the Site plan showing the fence blocking access to the easement was an error, that the easement: access was required to remain open. Mr. Graham stated this ..cold be przblerrlatic in regard to reducing noise and traffic coming frum the allay. Mr. Anthony Inman asked Mr. Smith and Mr. Clark if the plan was to proceed with paving Me two lots located at 4001 and 4003 Gossett Drive evan if the re«na is not appr'uved. Mr. Cla, k stated it was likely they would, but the parking plan woula first need to be worked out. Mr. Clark pointed out that the aAiating billboard luxated at 4001 Goaaett Drive, which would not be removed, took up approximately 5 parking spaces. He stated it would Re difficult to satisfy parking vvithunt the ase of the third lot. ChairparaZin Martin otated he feared that if the minimum parking were sought, there would be a lot of overflow parking on Gossett Drive. e R 7 rnpdnajcsjny jrk hdav 11). 20]7 Mrc. Kry=tal Jo=e- 2 -ked if Buffalo Wild Wings rould utilize the parking that w_c alreadv available in the existing General C^_r=+martial (GC) area t_ the south. Mr. Clark stated there wac a hared par4ing agreement with the owner of the Faith Village Shopping Center, but the agreement required Buffaln Wild Wings to prauide ita ewm parking in addition. He stated the agrap=en_t could potentially be modified bated partially an the outcome of the rezone. Chairperson Martin stated he had been under the impression that there was Dot sufficient available p-rking in the Faith Village Shopping Center t_ --ver a cross parking agreement. Mr. Ionian asked if alr•„ h=1 -alp- a=r' drive-thrus were allowed as a right in the General Commercial (GCI zoning district.. Mrs. Karen Gagne ctntad they were ell=wnd. Mr. Inman stated that the rectourant ifcplf w=ind he located in a General Commercial (GC) =o_oe a=d would, as such, be allowed by right to sell alcohol. Mr. Hudmno ct=ted thi- would fall under the TABC's ji micdictino and that they mould be able to conduct alcohol calec. Mr. lom—o _coed if this would not cause a cpnflint because it would Craate ao establishment that could sell alcohol until 2 a.m. with a pa=kiog Int that can only operate until midnight. Mrs. Gagon at=torr this was something TABC would likely need to weigh in on. Mr. Rarnay Qrock stated he had to ask himself if he wnuld want sn---thi^g like the proposed development naming iota hie nwo oeighh=rbnod, and the answer was that he would out. He -tat_, L,e was very pro -growth, but agreed with Mrs. Weodeborn that this was not the best place for the Buffaln Wild Wing f_ I_^ -at_. He encouraged the nommicsino mamberc t., r noaider -bat they would do if they lived on Gossett Drive. He Qtntad if this were the case for him, he didn't think that he -n-uld u^_tp far it. Mre. Lynda rannedy pointed out that there were cevaral racideots in =tteoda_Ce who were in opposition to the prnpnaad raynna. She atoted several of them had been there- for many year and =owing somewhere else wan no simple option. She stated their propertv values would likely be affented, and agreed that tbia was not the best location for the propnced defelop_eot. She stated she believed that the Commission should listen to the residents_. Chairperson Martin stated that even without the re7noe, it wnc Mill p^_ssible for the applicant nr someone elle tn_ develop _n_ the properties located at 4001 nod 4003 Gnscett Nun. We stated his primary coorern was that the oeighbarhnnd ^_uld be even more negatively affented by nverflnw parking if fficient parking was not made available. Mr-. Weud_hn_ro pointed out that this would only be the case if the applica=t chose to proceed without the rezone. She stated that the issue of overflow parking would likely arise either way. Sh__ stated that if voting against the rP7one would prn_uide deterrent to the Dr000sed development, she would rote agaio-t it. Chairperson Martin stated he was mefely pointing nut that the commercially zoned properties were very v2luabla 2nd that at some Doint someone would want to use them far commercial ourooses. He stated the outenme ^_uld p_}entialiy be worse than what was biog prnposed. Mr. Weod_born pointed out that it could potentially be sn_ething less intense that is placed an the two Intl 7nnpd Limited Commercial (LCI. Ur. James McKechnie, Senior Assistant City Attorney, painted ^nut that the motion had been made in the affirmative, aQ 2 urate for the measure would be. a vote for appmunl. P & z COMMISSION _rxul• I 1 - - � � 141.., 10, Al i He also pointed out that the Commission would be yutimg un a mcommwndat;an, not an actual apprrval of the rCeLuna, and the measare still had to go before the City Council. The motion was taken to a vote and failed by a vote of 5 opposed, and 4 ii i favor - 4. Case C 17-04 Request for a Conditional Use to altaw a carport in the rzciuirad front a�tback on a Single Family c taF-A) zoning district. Th;a rumWeat is fur 228 Glasgiivv Drive. Mrs. Cayce Wend burn made a motion to approve. Mr. Blake Har Bey seconded. Mr. Aaron Hadman pi e5ented the case to allow a carporl in the required front setback at 228 Glasgow Drive. The properly is located in a Single Family 2 Residential (SF -2) tuning district. The regaestea 0 ft. x 20 ft. carport would be located appra„imaWy 15 ft. from the front property line, and 10 ft. freed the interior aide property Iii.e. Them wcrc 5 properties within 200 ft. that had a carport within the required front setbauk area. Staff notified 31 parcels; 8 , espanded in favor, 0 in opposition, and 0 with no upiniun/undecided. Ther were no responses received from outside the notification are ca. Mr. Hadman atatud staff ruvummended approval of the Carport at 228 Glasgow Drive. Chairperson Martin asked if the applicant vva5 in attendance and wished to speak. Mr. Ted Ritchie, applicant and resident at 228 Glasgow Drive, stateti he wanted a carport because it was becoming increasingly difficult fur him to get in and out of his car fl -um the garage. ChairparScn Martin asked if there was anyone else in the autlience who wished to speak, and -here were none. Chairperson Martin opened the motion to aiscassion among the commission, and thea was no discussion. The mution vva5 taken tc a vote and carried unanimously. 5. Case C 17-05 Request far a Conditional Use to allow outdoor atvrga and display ;n a Guise, all Commercial zoning diatr;ct. This raqueat is fur 131915'" Street. Mrs. Cayce Wendeborn made a motion to approve. Ms. Krystal James seconded. Mr. Matt Prouty presented the case to allow outdcur aturage in a General Commercial (GC) zoning district at 1319 15,h Street. Hu stated the application was for off-site u.tdoar storage located o, i Iea5ed land across the street from the primary business location. Staff nutifed 21 parcels; 1 responded in favor, 0 in opposition, ana 0 with no opirrionlandecided. There were no responses received from outside the not;ficatiurl area. Mr. Prouty stated the area for the proposed cutdcor aturage vvaa aarreanded by mixed uses, including residential dwellings and commercial ba5Ine55e5. Mr. Peaty stated staff recommended approval of tie outdoor storage use located in the Gem jural Cummzroial (GC) =uning district at 1319 15'" Street with condition 15 a5 outlined in the staff report. Chairperson Martin asked if the applicant was in attendance and wished -to speaR. Mr. Jason Sternadel, applicant and manager at National Whulesale Supply, Stated his sturage was Rout Iucated in the best of neighborhoods and didn't feel he should be P & z cflMUVgS1Od2 onr_c - 9Mau 10.2077 required to screen the property. He stated the City =coed a property located at the rorner of 91h Street and Wee!202h R_uleuard where tractors were stored, and the afar w_c on' enreened. He stated it would cost him apprnyi=taly $20,0120.00 to screen $5,000.00 worth of pipe. He stated he kept the In_+ clean and mowed and thought it was ridiculnu- that he -bn_uld have to put uo screening. He stated the City Qt --rod items behind J.S. Bridwell Ag. Center, and there iG _n cr_r_cni_g there. He asked how the City could eofn_rnr_' the Qcreeoi_g n_0imance on a company when they themGelves did ant =hide by it. Chairpe--n Martin asked if there was anyone else in the at tdieoca lube wished to sneak, and there were once. Chairpemnc nn-rtin opened the motion to disrucciaa amen the commi_--in_ Mr. Anthoov Inman asked if they w e intent n � the anti 9 - e a i toot t_ u _ h_ entire lot, or iust what was already graveled. Mr. Stercadel Q+2' --d he would just be using the area that wan r.Ltrrantly greuo12,4. Chairpersno Martin asked if pntontinliy approving the conditional tine without the ccracaping roqulre=ent would reauire a new motion to by made. Mr. MnK=,bcie stated the screening was part of the minimum requiro=e-t. for outdoor storage as set forth in the ardi_ance and, a- -un"_, a waiver could only be granted by the City Cn_uoril. Ur-. Wendeborn asked if a recommendation to waive the ecr wing requirements could be made by the Commisczinn t-- City Cn_u ncil. Mr. McKechaie stated if the applicant chn-e to purcaue a waiver, staff could include n rernmmeodati_e by the Cn_==ission in the staff report presented to the Council. Chairp-mn_ Curtin recommended the applicant pursue a waiver for the terraeming requirements from City Council and advised that he get with staff following the meeting to help him navigate his way t"_rough the orocess. Mr. Inman asked if the area faring Brnad Street would used tn_ be screened. Mr. Prouty stated, per Chapter 46 of the Code _f Ordinances, Outdoor Storage, the entire n---- being raebeing u -ed must be screened. He pointed alit that the erree=iog requirements of Chanter 46 warp less ztriogeat than th-moo n_utlined in the zoning ordioaone Sectioa 4600, Screeuiog R_gul=tions. He stated chain lick fanning with slat _r fabric- screening was acceptable under Chapter 46, whareac S-cone= A600 required a privacy fe-ore rnngtrurted of wood nr moconry. The motion was takeo to n ante and carried unanimously. 6. C_ -e n 17-06 Request for a Canditional Use tn- allnw on carpnrf in the required front setback in n Single Family 1 (SF -1) 7_oing This request is far 2014 BairmUghs StrAat. MrG. Cayne Weadeb=r_ made a motion to approve. W. Krystal J --se ce^onded. Mr. Aaron Hudman presented the rasp to allmu a carp=rt in the required front setback at 2014 Burroughs Street. The property iv 1=c=} -d in a Single Family 1 Renideotial (SF -1) zoning dintrirt. The requer-ted 20 ft. Y 20 ft. carport would be located apprnvimately a ft. from the front pr=perry line, 2nd 3 ft. from the interior nide property lice. There were 2 propertie- withic X00 ft. that had a carport within the required f __t -etback area. Staff notified o4 parcels; 5 responded in favnr, 0 is npposition, and 0 with no n_pinionlundecided. There wefe on mapn_.e. received from outside the oatificatino area. P [ C13I9 MIS51ON PAGE I a May X,zUif Mr. Hadman stated Starr recommended approval i -if the carport at 2014 Burroughs street. Chairperson Martin asked if the applicant was in attendance and wi5hea to speak and thurc was ni-i one present to represent the case. Chairperson Martin a3ked if there was anyone else in the auaience who wishUd to spaak, and there were none. Chairperson Martin opened the motion to discussion among the commission, and there was no discussion. The motion ,va3 taken to a vote and carried unanimously. 7. Casa C 17-07 Request for a Conditional Use to allow a carport in the required exterior side setbaok in a Urnitea Commercial jLC) =ening district. This request is for =16 t s Collins Hvenue. Mrs. Cayce Wandeborn made a motion to approve. Ms. Krystal Jamou acconded. Mr. Aaron Hadman presente0 Me case to allu., a carport in the required exterior side setback at 1613 Collins Avenue. The prcparty is located in a limited Commercial -kLC) zoning district. The requzated 20 ft. A 12 ft. carport would be located approximately 1 ft. from the exterior side property line. Ther were 0 properties within 200 ft. that had a carport vvith'i, the required front setbauk area. staff notified 20 parcels; 2 ,zspunded in favor, 1 in opposition. and 0 with no opinion/undecided. Thea were no respunses received from outside the notification area. Mr. Hadman stated staff recommended approval of the carport at 1613 Cullins Avenue. Chairperson Martin asked if the applicant was in attenaance and wished to speak avid there was no one present to represent the case. Chairperson Martin asked if there was anyone else in the audience vvhu vvishad to speak, and then= were none. Chairperson Martin opened the motiun to diacaasio„ among the curnmis5ion, and there ..as nu diacusaion. The motion was taken to a vote and carried unanimua3ly. a. Case C -11-08 Request fur a Cu"ditional Use to allow a carport in the required front actback in a Single Family 2 Residential (SF -2) zoning ulstrict. Thies requeat is for 3226 Glenwood Avenou. Mrs. Cayce Wendeborn made a n,utiun to approve. M5. Krystal James seconded. Mr. Aaron Hadman presented the case to allow a carport in the reWaircd front aetback at 3226 Glenwood Avenue. The property is located in a Singlo Family 2 Residential (SF -2) zoning district. The requested 21 ft. x 20 ft. carport would be located approximately 43 ft. from tpe front property line, and 5 ft. from the into, for side property line. I Here were 8 properties ..ithin 200 ft, that had a carport within the requirea front setback area. Staff notified 26 parcels; 2 rebponded in favor, 0 in oppositiun, and 1 with no opiniunlandecided. There were no responses received from untside the notification area. Mt. Hadman Stated staff recommended approval of the carport at 3226 Glenwoud Avenue. Q R 7 r.QMMjSSjCjW 2AGF JA UOV t^_. 2997 Chairpereoc Martio ocked if the applicant w_e in ntte=d==re and wished to speak. Mr. Jack Martin, applicant and resident at 3226 Glenwood Avenue, stated he had lived in his home since 1990 and in that time a Carport had net been in hie wife'e hudget. He stated be ,eptly paid off his home, allowing himself a budget, which he hoped to be able to use no a rarport. Chairpemon Martin asked if there woe anyone Mee in the, audienr-_ whn %Afiahed to cpemk. mod t_ore wL%m _^ - Chairpefeoc Martin opened the o:ntica to durum -inn among 'be commission, and there was no discussion. The motion was taken to a vote and carried uoanimnuGly. 9. Ca --e C 17-09 Reque-t form C^_=diti=_al Ll --e a carport in the reguired front setback in a (Qeerdnatial Mixed Use) zoning district. This renues_t is for 1409 34th Street. Mrs. Cayce Wendeborn made n motion to npprnvP, Mc. Kryetal JameQ sec^-oded. Mr. Aarrn Hudman presented the rasp tr all_sat a carp^ -d in the required front setback at 1409 30 Street. The property i- located in a Residential Mixed Use (RMU) 7o13iog dictrir-t. The requested 21 ft. x 25 ft. carport would be located approximately 5 ft. from the front orocertv line, and 33 ft. from the interior side property lice. There were 5 properties within 200 ft. that had o carport within the required freot eQtback =ran. St=ff notified 34 p?rr-els; 4 reepooded in fou^ -r, 0 in Qpp=-iti^-=, and 3 with no opinino/undecided. There —ere cc re -p^ -=-e- received from outside the notification =ran. Mr. Hudman stated staff recommeaded apprrvel of the c-rp_rt -t JAQg '14th Street Chairperson Martin asked if the applicant was in attendance and Wished t^ ep_nle and there wac on roe pre-ent t_ rep ec_ut t"_n case. Chairperson Martin asked if there was anyone else in the audience who wished to speak, mad them were once. Cheirp_rO^--o Martin opened the motion to discussion among the r ommiccipn. Mrs. Cayce Wendeborn stated that, acr-nrding to the application, the -2rport was being c_netruefed for the perp_-_ _f R.V. storage. She stated she had believed that R.V. storage in the front yard setback was prohibited. Mr. Hudman stated an ordi=a=re b -d been presented to the Plnuoiog _,,d Z^_=iog Commission previouslv that would have pr^-hibited parking an R.V. in the front, but the proposed ordioaone had failed to pace. He stated the current ordinnoce only stated that an RY. c^.!d not be parked in the right- of-way. ight- -f sat -y - - - The tontina —a -c take: tr e u^te and passed by a vote of 8 in favor. and 1 opposed 10. Case C 17-10 Regatest fnr o Conditional Uae to ollnim a r-mCpnrt in the required front setback in a Single Family 1 Reid-ofiar (-Qc-1) zoning district. This request is for 4422 McCrary suenue. - Mrs. Cayce Weodeboro made a motion to npprnve. Me. Kryrtal Jamea seconded. Mr. Aaron Hi adman presented the c--moe t_ allow a carport in the required front setbar.k nt 4422 McCrrry Aue_ue. The property is located in a Single Family 1 Residential (SF -1) P Z COMMISSION! PAGE ib May ­iu. tai i zaning district. The requested 21 ft. , 20.5 ft. carport would be located approximately 14 ft. from the front property line, and 12 ft. from the i,,terior side property line. There vvem 6 properties within 200 ft. that had a carport within the required front setback area. Staff notified 17 parcels; 3 responded in favor, 0 in opposition, and 1 with no opinionlundeeided. There were no responses received from ontaida the notification arEa. Mr. Hadman stated staff recommended approval of the carport at 4422 McCrary AYunue. Chairperson Martin asked if the applicant was in attendance and vvishEd to speak and them was no one present to represent the unae. Chairperson Martin asked if mere was anyone else in the audienee ..hu wished to speak, and there were none. Chairpelsun Martin opened the motion to d6cas5iun among the commission. Mr. Graham pointed out that the propased carport was being usad as an R.V. cover. Mr. Inman asked if the carport was going tc be an 8 foot tall straoaare. Mr. Hagman stated that, per development guidelines outlined in the Zoning ordinance, vvall height could not be higher than 8 feet without triggering reduced setbacks, but the total height of the strouLare could be taller, as Tung oa it did not eAceed the height of the primary atractare. Mrs. Krystal James stated that the propuaud carport was being constructed out of weed rather than non-combustible material. Mr. Hagman stated that vvuud Was an allowed canstrartion material anger the conditional esa prv—cess, but it triggered greater setback requirements. He atated the applicant was conforming to those more stringent setback regaircmants. The motion was taken to a vote and passed by a vote of 8 in favor, and 1 opposed. 11. Case C 17-11 Request fir a Conditional Use to allow an outdoor food court in the General Cummer -fall (GC) zoning district. TRis request is for 4014 Sheppard Access Road. Mss. Cayce Wendeoorn made a motion to approve. Ms. Krystal James seconded Mr. Matt Prouty presented the case to allow an outdoor food Zoart in the Gene, al Cvrrlmarc-iel (GC) Luni,,g district. He statea Mr. Eric Rutledge, applicant and owner of Deli Planet located at 4014 Sheppard Accesa Road, vva3 propusing to operate a food court on the weekenOs at his existing rustaar,,t location and offer his xitcnen as a commissary Ritchen for the food trecka operating on the site. Starr notified 10 panels; I responded in favor, 1 in apposition, and 0 with no opinion/undecided. There were no responacs received fl ur„ uatside the notification area. Mr. Peaty stated the area of the propcaad food court complies with Me 100 foot buffering requirement from rusidcntial zones and aces. He statea staff recommended Me applicant acquire a aha, ed parking agreement whrl an adjacent property uw, ,cr in order to meet parking requirements. Mr. Prouty stated staff mcurnmended approval of the oattloor food court at 4014 Sheppard Access Road with the conditions as outlined in the staff report. Q' 7 LICLI 11L�fp11 PAGE 16 May 10.2017 Chairpereon M—flu asked if the applicant W20 in 8ttn=d2Q^e -mod mlieh_ed t^_ speak. Mr. Eric Rutledge, the applicant, stated staff had been great to work with and had done a great deal of rocaarrh in order to gat to thic p^_iot. He etated he warm mu-miloble f= a=--ar any questions or concerns. Chairperson Martin asked if there was anyone else_ in the audience who Wished to speak, and there Were onoe. Chairperson Martin opened the motion to dicruccion among the rommisGinn. Mrc. Cayce We=debnro a -ked which buciosea hod=pp_aed to than ^outdoor food court. Mr. Proutv stated that the dry cleaners adjacent to the property on the north side had returned the GGtifiratlo_n latter in ^_ppocltion to the prnjert. The motion was taken to a vote and carried uonoimouGly. VI. OTHER BUSINESS 1. City Council Update — None VII. ADJOURd The meeting adjourned at 3:5n p.m. Rodney'FAartin, Chairperson ATTEST: Aaron Hudman, Dept. of Community Development 6 . I L1 •7017 Date �Zlj LS Date