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Roll Call: 10 members present, 0 members absent, 0 members excused.
A. WORK SESSION AGENDA:
(1) Discuss agenda items.
(2) Planning & Zoning Commission training session with City Attorney. (The training session will reconvene after the Planning & Zoning Commission meeting.)
B. PLEDGE OF ALLEGIANCE.
C. CALL TO ORDER.
Chairperson May called the meeting to order at 7:00PM and noted for the record that six (6) Commissioners were present.
D. CONSENT AGENDA ITEMS:
(3) Approval of the Minutes for the Regular meeting on October 22, 2013.
Motion to Approve to approve the minutes for the regular Planning & Zoning Commission meeting on October 22, 2013. Moved by Commissioner John Robertson, seconded by Vice Chairperson Thomas North.
Vote to Approve to approve the minutes for the regular Planning & Zoning Commission meeting on October 22, 2013. (Approved)
Ayes: Robertson, May, Campbell, Hayes, Hooper, North
Absent: West
Nays: None
E. PUBLIC HEARING:
(4) Consider Case Z-1267-13; a change in zoning from Single Family Residential 10 (SF-10) to General Retail (GR); an area south of Belt Line Road and approximately 250 feet west of Elerson Road. The property in question consists of 4.1552 acres. The applicant is Joe Rust.
Management Report for Case Z-1267-13
Mr. Edlyn Vatthauer, Planning Manager, presented the management report for case Z-1267-13.
Chairperson May asked the Commission if there were any questions of staff.
Commissioner Campbell asked Mr. Vatthauer to provide some history about how the property in question would be developed in conjunction with the Comprehensive Plan.
Mr. Vatthauer informed the Commission that the property in question has been shown to be single family zoning within the Comprehensive Plan. He also provided a little history about how the surrounding properties were zoned which ultimately changed the zoning outlook on the property in question.
Chairperson May asked the Commission if there were any other questions of staff. Hearing no response, she opened the public hearing at 7:05pm and asked the applicant to come forward to address the Commission.
Mr. Joe Rust, of 440 Gingerbread Lane, Waxahachie, came forward to address the Commission. He stated that with the approval of general retail (GR) zoning on the corner lot at Belt Line Road and Elerson Road, it would only be appropriate to rezone the two lots to the east to general retail for sizable future development.
Chairperson May asked the Commission if there were any questions for Mr. Rust. There being no response, she asked if there was anyone in the audience who wished to address the Commission either in favor of or in opposition to case Z-1267-13. Hearing no response, she closed the public hearing and asked the Commission if there was any discussion regarding case Z-1267-13. There being no response, she asked the Commission for a motion.
Motion to Approve to Approve case Z-1267-13; a request for change in zoning from Single Family Residential 10 (SF-10) to General Retail (GR) at an area south of Belt Line Road and approximately 250 feet west of Elerson Road. Moved by Vice Chairperson Thomas North, seconded by Commissioner Russell Hooper.
Vote to Approve to Approve case Z-1267-13; a request for change in zoning from Single Family Residential 10 (SF-10) to General Retail (GR) at an area south of Belt Line Road and approximately 250 feet west of Elerson Road. (Approved)
Ayes: North, Hooper, May, Hayes, Campbell, Robertson
Absent: West
Nays: None
(5) Consider Case Z-1268-13; a change in zoning from Single Family Residential 10 (SF-10) to General Retail (GR); an area south of Belt Line Road and approximately 480 feet west of Elerson Road. The property in question consists of 3.78 acres. The applicant is Joe Rust.
Management Report of Case Z-1268-13
Mr. Edlyn Vatthauer, Planning Manager, presented the management report for case Z-1268-13.
Chairperson May asked the Commission if there were any questions of staff. Hearing no response from the Commission, she opened the public hearing and asked the applicant to come forward to address the Commission.
Mr. Joe Rust, of 440 Gingerbread Lane, Waxahachie, came forward to address the Commission.
Commissioner Campbell asked Mr. Rust if there has been any interest from developers to develop the property in question, and he also asked Mr. Rust what these developers might bring to the site.
Mr. Rust informed the Commission that developers have not shown any interest in the site with the current zoning. He also mentioned that he is hopeful the proposed zoning change will spark developer interest. Mr. Rust also provide some historical information about the lot in question and three other surrounding lots. He informed the Commission that the Savings & Loans crisis in the late 80's altered the development of these lots which has left these lots vacant for 25 plus years.
Commissioner Campbell stated it is fair to say that no one has taken an interest in the land as of now.
Mr. Rust informed the Commission that there is no current interest in the property in question.
Chairperson May asked the Commission if there were any other questions for Mr. Rust. There being no response, she asked if there was anyone in the audience who wished to address the Commission regarding case Z-1268-13. Hearing no response, she closed the public hearing and asked the Commission if there was any additional discussion or comments. There being no discussion or comments, Chairperson May asked the Commission for a motion.
Motion to Approve to Approve case Z-1268-13; a request for change in zoning from Single Family Residential 10 (SF-10) to General Retail (GR), and an area south of Belt Line Road and approximately 480 feet west of Elerson Road. Moved by Vice Chairperson Thomas North, seconded by Commissioner Vicki Hayes.
Vote to Approve to Approve case Z-1268-13; a request for change in zoning from Single Family Residential 10 (SF-10) to General Retail (GR), and an area south of Belt Line Road and approximately 480 feet west of Elerson Road. (Approved)
Ayes: North, Hooper, May, Hayes, Campbell, Robertson
Absent: West
Nays: None
(6) Consider Case Z-1269-13; a change in zoning from Single Family Residential 8 (SF-8) to Office 1 (O-1); an area south of Belt Line Road and approximately 120 feet west of Brookwood Drive. The property in question consists of 2.323 acres. The applicant is Joe Rust.
Management Report of Case Z-1269-13
Mr. Edlyn Vatthauer, Planning Manager, presented the management report for case Z-1269-13.
Commissioner West arrived and took his seat at the dais at 7:15pm.
Chairperson May asked the Commission if there were any questions of staff.
The Commission and staff discussed the concerns of citizens within 200 feet of the property in question who submitted a response letter in opposition to case Z-1269-13.
Chairperson May asked the Commission if there were any other questions of staff.
Commissioner Robertson asked Mr. Vatthauer about the type of screening that would run along the south side of the proposed lot between the adjacent residential lots.
Mr. Vatthauer informed the Commission that masonry screening is required when residential uses are next to non-residential type uses. He also mentioned that in this case, a masonry wall would be required between the residential and office uses.
Commissioner Robertson asked Mr. Vatthauer to provide the required height of the masonry wall.
Mr. Vatthauer stated that the height of the masonry wall must be a minimum of six (6) feet.
Vice Chairperson North asked Mr. Vatthauer if there would be a requirement that the easement between the property in question and the residential lots to the south be paved.
Mr. Vatthauer stated he was not certain if it was an easement/alley that has never been improved, but if the property in question is built out for residential use it would be paved. He also mentioned to the Commission that if the proposed zoning change is approved then the easement/alley would most likely remain as is, because the residential lots to the south would be the only ones to benefit from it being improved.
Commissioner Campbell asked Mr. Vatthauer if he was aware of how long the property has been vacant.
Mr. Vatthauer told the Commission that he does not believe the property has ever been developed.
Commissioner Campbell asked Mr. Vatthauer if there are any office development existing in the general vicinity.
Mr. Vatthauer informed the Commission that he was not aware of any other office development in the area other than offices located near the intersection of Belt Line Road and Hampton Road.
Chairperson May asked Mr. Vatthauer to provide some of the more common uses for Office 1 (O-1) zoning.
Mr. Vatthauer informed the Commission that some of the more common uses for Office 1 (O-1) would be general/professional office type uses (i.e. architectural, medical or law offices), but General Retail (GR) uses would not be permitted.
Chairperson May asked the Commission if there were any other questions of staff.
Commissioner Robertson asked Mr. Vatthauer to provide the height restrictions for Office 1 (O-1) zoning.
Mr. Vatthauer explained that the maximum height restriction for Office 1 (O-1) zoning is two (2) stories.
Chairperson May opened the public hearing at 7:20pm and asked the applicant to come forward.
Mr. Joe Rust, of 440 Gingerbread Lane, Waxahachie, came forward to address the Commission. He asked the Commission to visualize the property in question being developed in a similar fashion to South Meadows Office Park (a professional office development) along Pleasant Run Road between Hampton Road and Polk Street. Mr. Rust also mentioned that the property would be better suited for office use, considering the lot size only allows for approximately seven (7) residential lots which would not be enough profit margin for any decent developer.
Chairperson May asked the Commission if there were any questions for Mr. Rust. Hearing no response, she asked if there was anyone who wished to address the Commission either in favor of or in opposition to case Z-1269-13.
Mr. Ron Allday, of 108 Brookwood Drive, came forward to address the Commission. He expressed his concerns about drainage issues associated with run off rain water flooding his lot once the property in question is developed and paved. He also expressed concerns about erosion of his property along the creek.
Commissioner Campbell asked Mr. Allday if he ever lodged a complaint with the city in regards to the drainage issue.
Mr. Allday stated that he has never lodged a complaint with the city, because he was led to believe the city would do nothing to rectify the drainage issues.
Commissioner Campbell stated his concern about the drainage issues surrounding Mr. Allday's neighborhood and property. He also suggested to Mr. Allday to contact the City Engineering Department with his concerns.
The Commission and staff discussed specific mandates for detention with regards to non-residential development that would alleviate flooding issues. It was also mentioned by Ms. Julie Dosher that Mr. Allday should contact Development Service, or more particularly Engineering staff for flooding issues.
Chairperson May asked the Commission if there was any other discussion. There being no response, she asked the Commission for a motion.
Motion to Approve to Approve case Z-1269-13; a request for change in zoning from Single Family 8 (SF-8) to Office 1 (O-1), and an area south of Belt Line Road and approximately 120 feet west of Brookwood Drive. Moved by Commissioner Vicki Hayes, seconded by Vice Chairperson Thomas North.
Vote to Approve to Approve case Z-1269-13; a request for change in zoning from Single Family 8 (SF-8) to Office 1 (O-1), and an area south of Belt Line Road and approximately 120 feet west of Brookwood Drive. (Approved)
Ayes: North, May, Hayes, Campbell, Robertson
Nays: West, Hooper
F. REGULAR AGENDA:
(7) No items.
Ms. Julie Dosher, Assistant City Attorney, informed the Commission that the training session would reconvene in the Council Conference room after the adjournment of the Planning & Zoning Commission meeting.
G. ADJOURNMENT.
Being there was no other business; Chairperson May asked the Commission for a motion to adjourn the Planning & Zoning Commission meeting on Tuesday, November 12, 2013.
Motion to to adjourn the regular Planning & Zoning Commission meeting on Tuesday, November 12, 2013. Moved by Vice Chairperson Thomas North, seconded by Commissioner Vicki Hayes.
Vote to to adjourn the regular Planning & Zoning Commission meeting on Tuesday, November 12, 2013. (Approved)
Ayes: North, Hayes, Campbell, May, Robertson, Hooper, West
Nays: None
The Planning & Zoning Commission meeting on Tuesday, November 12, 2013 was adjourned at 7:35pm.
Nov 12, 2013 Planning and Zoning Meeting
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Roll Call: 10 members present, 0 members absent, 0 members excused.
A. WORK SESSION AGENDA:
(1) Discuss agenda items.
(2) Planning & Zoning Commission training session with City Attorney. (The training session will reconvene after the Planning & Zoning Commission meeting.)
B. PLEDGE OF ALLEGIANCE.
C. CALL TO ORDER.
Chairperson May called the meeting to order at 7:00PM and noted for the record that six (6) Commissioners were present.
D. CONSENT AGENDA ITEMS:
(3) Approval of the Minutes for the Regular meeting on October 22, 2013.
Motion to Approve to approve the minutes for the regular Planning & Zoning Commission meeting on October 22, 2013. Moved by Commissioner John Robertson, seconded by Vice Chairperson Thomas North.
Vote to Approve to approve the minutes for the regular Planning & Zoning Commission meeting on October 22, 2013. (Approved)
Ayes: Robertson, May, Campbell, Hayes, Hooper, North
Absent: West
Nays: None
E. PUBLIC HEARING:
(4) Consider Case Z-1267-13; a change in zoning from Single Family Residential 10 (SF-10) to General Retail (GR); an area south of Belt Line Road and approximately 250 feet west of Elerson Road. The property in question consists of 4.1552 acres. The applicant is Joe Rust.
Management Report for Case Z-1267-13
Mr. Edlyn Vatthauer, Planning Manager, presented the management report for case Z-1267-13.
Chairperson May asked the Commission if there were any questions of staff.
Commissioner Campbell asked Mr. Vatthauer to provide some history about how the property in question would be developed in conjunction with the Comprehensive Plan.
Mr. Vatthauer informed the Commission that the property in question has been shown to be single family zoning within the Comprehensive Plan. He also provided a little history about how the surrounding properties were zoned which ultimately changed the zoning outlook on the property in question.
Chairperson May asked the Commission if there were any other questions of staff. Hearing no response, she opened the public hearing at 7:05pm and asked the applicant to come forward to address the Commission.
Mr. Joe Rust, of 440 Gingerbread Lane, Waxahachie, came forward to address the Commission. He stated that with the approval of general retail (GR) zoning on the corner lot at Belt Line Road and Elerson Road, it would only be appropriate to rezone the two lots to the east to general retail for sizable future development.
Chairperson May asked the Commission if there were any questions for Mr. Rust. There being no response, she asked if there was anyone in the audience who wished to address the Commission either in favor of or in opposition to case Z-1267-13. Hearing no response, she closed the public hearing and asked the Commission if there was any discussion regarding case Z-1267-13. There being no response, she asked the Commission for a motion.
Motion to Approve to Approve case Z-1267-13; a request for change in zoning from Single Family Residential 10 (SF-10) to General Retail (GR) at an area south of Belt Line Road and approximately 250 feet west of Elerson Road. Moved by Vice Chairperson Thomas North, seconded by Commissioner Russell Hooper.
Vote to Approve to Approve case Z-1267-13; a request for change in zoning from Single Family Residential 10 (SF-10) to General Retail (GR) at an area south of Belt Line Road and approximately 250 feet west of Elerson Road. (Approved)
Ayes: North, Hooper, May, Hayes, Campbell, Robertson
Absent: West
Nays: None
(5) Consider Case Z-1268-13; a change in zoning from Single Family Residential 10 (SF-10) to General Retail (GR); an area south of Belt Line Road and approximately 480 feet west of Elerson Road. The property in question consists of 3.78 acres. The applicant is Joe Rust.
Management Report of Case Z-1268-13
Mr. Edlyn Vatthauer, Planning Manager, presented the management report for case Z-1268-13.
Chairperson May asked the Commission if there were any questions of staff. Hearing no response from the Commission, she opened the public hearing and asked the applicant to come forward to address the Commission.
Mr. Joe Rust, of 440 Gingerbread Lane, Waxahachie, came forward to address the Commission.
Commissioner Campbell asked Mr. Rust if there has been any interest from developers to develop the property in question, and he also asked Mr. Rust what these developers might bring to the site.
Mr. Rust informed the Commission that developers have not shown any interest in the site with the current zoning. He also mentioned that he is hopeful the proposed zoning change will spark developer interest. Mr. Rust also provide some historical information about the lot in question and three other surrounding lots. He informed the Commission that the Savings & Loans crisis in the late 80's altered the development of these lots which has left these lots vacant for 25 plus years.
Commissioner Campbell stated it is fair to say that no one has taken an interest in the land as of now.
Mr. Rust informed the Commission that there is no current interest in the property in question.
Chairperson May asked the Commission if there were any other questions for Mr. Rust. There being no response, she asked if there was anyone in the audience who wished to address the Commission regarding case Z-1268-13. Hearing no response, she closed the public hearing and asked the Commission if there was any additional discussion or comments. There being no discussion or comments, Chairperson May asked the Commission for a motion.
Motion to Approve to Approve case Z-1268-13; a request for change in zoning from Single Family Residential 10 (SF-10) to General Retail (GR), and an area south of Belt Line Road and approximately 480 feet west of Elerson Road. Moved by Vice Chairperson Thomas North, seconded by Commissioner Vicki Hayes.
Vote to Approve to Approve case Z-1268-13; a request for change in zoning from Single Family Residential 10 (SF-10) to General Retail (GR), and an area south of Belt Line Road and approximately 480 feet west of Elerson Road. (Approved)
Ayes: North, Hooper, May, Hayes, Campbell, Robertson
Absent: West
Nays: None
(6) Consider Case Z-1269-13; a change in zoning from Single Family Residential 8 (SF-8) to Office 1 (O-1); an area south of Belt Line Road and approximately 120 feet west of Brookwood Drive. The property in question consists of 2.323 acres. The applicant is Joe Rust.
Management Report of Case Z-1269-13
Mr. Edlyn Vatthauer, Planning Manager, presented the management report for case Z-1269-13.
Commissioner West arrived and took his seat at the dais at 7:15pm.
Chairperson May asked the Commission if there were any questions of staff.
The Commission and staff discussed the concerns of citizens within 200 feet of the property in question who submitted a response letter in opposition to case Z-1269-13.
Chairperson May asked the Commission if there were any other questions of staff.
Commissioner Robertson asked Mr. Vatthauer about the type of screening that would run along the south side of the proposed lot between the adjacent residential lots.
Mr. Vatthauer informed the Commission that masonry screening is required when residential uses are next to non-residential type uses. He also mentioned that in this case, a masonry wall would be required between the residential and office uses.
Commissioner Robertson asked Mr. Vatthauer to provide the required height of the masonry wall.
Mr. Vatthauer stated that the height of the masonry wall must be a minimum of six (6) feet.
Vice Chairperson North asked Mr. Vatthauer if there would be a requirement that the easement between the property in question and the residential lots to the south be paved.
Mr. Vatthauer stated he was not certain if it was an easement/alley that has never been improved, but if the property in question is built out for residential use it would be paved. He also mentioned to the Commission that if the proposed zoning change is approved then the easement/alley would most likely remain as is, because the residential lots to the south would be the only ones to benefit from it being improved.
Commissioner Campbell asked Mr. Vatthauer if he was aware of how long the property has been vacant.
Mr. Vatthauer told the Commission that he does not believe the property has ever been developed.
Commissioner Campbell asked Mr. Vatthauer if there are any office development existing in the general vicinity.
Mr. Vatthauer informed the Commission that he was not aware of any other office development in the area other than offices located near the intersection of Belt Line Road and Hampton Road.
Chairperson May asked Mr. Vatthauer to provide some of the more common uses for Office 1 (O-1) zoning.
Mr. Vatthauer informed the Commission that some of the more common uses for Office 1 (O-1) would be general/professional office type uses (i.e. architectural, medical or law offices), but General Retail (GR) uses would not be permitted.
Chairperson May asked the Commission if there were any other questions of staff.
Commissioner Robertson asked Mr. Vatthauer to provide the height restrictions for Office 1 (O-1) zoning.
Mr. Vatthauer explained that the maximum height restriction for Office 1 (O-1) zoning is two (2) stories.
Chairperson May opened the public hearing at 7:20pm and asked the applicant to come forward.
Mr. Joe Rust, of 440 Gingerbread Lane, Waxahachie, came forward to address the Commission. He asked the Commission to visualize the property in question being developed in a similar fashion to South Meadows Office Park (a professional office development) along Pleasant Run Road between Hampton Road and Polk Street. Mr. Rust also mentioned that the property would be better suited for office use, considering the lot size only allows for approximately seven (7) residential lots which would not be enough profit margin for any decent developer.
Chairperson May asked the Commission if there were any questions for Mr. Rust. Hearing no response, she asked if there was anyone who wished to address the Commission either in favor of or in opposition to case Z-1269-13.
Mr. Ron Allday, of 108 Brookwood Drive, came forward to address the Commission. He expressed his concerns about drainage issues associated with run off rain water flooding his lot once the property in question is developed and paved. He also expressed concerns about erosion of his property along the creek.
Commissioner Campbell asked Mr. Allday if he ever lodged a complaint with the city in regards to the drainage issue.
Mr. Allday stated that he has never lodged a complaint with the city, because he was led to believe the city would do nothing to rectify the drainage issues.
Commissioner Campbell stated his concern about the drainage issues surrounding Mr. Allday's neighborhood and property. He also suggested to Mr. Allday to contact the City Engineering Department with his concerns.
The Commission and staff discussed specific mandates for detention with regards to non-residential development that would alleviate flooding issues. It was also mentioned by Ms. Julie Dosher that Mr. Allday should contact Development Service, or more particularly Engineering staff for flooding issues.
Chairperson May asked the Commission if there was any other discussion. There being no response, she asked the Commission for a motion.
Motion to Approve to Approve case Z-1269-13; a request for change in zoning from Single Family 8 (SF-8) to Office 1 (O-1), and an area south of Belt Line Road and approximately 120 feet west of Brookwood Drive. Moved by Commissioner Vicki Hayes, seconded by Vice Chairperson Thomas North.
Vote to Approve to Approve case Z-1269-13; a request for change in zoning from Single Family 8 (SF-8) to Office 1 (O-1), and an area south of Belt Line Road and approximately 120 feet west of Brookwood Drive. (Approved)
Ayes: North, May, Hayes, Campbell, Robertson
Nays: West, Hooper
F. REGULAR AGENDA:
(7) No items.
Ms. Julie Dosher, Assistant City Attorney, informed the Commission that the training session would reconvene in the Council Conference room after the adjournment of the Planning & Zoning Commission meeting.
G. ADJOURNMENT.
Being there was no other business; Chairperson May asked the Commission for a motion to adjourn the Planning & Zoning Commission meeting on Tuesday, November 12, 2013.
Motion to to adjourn the regular Planning & Zoning Commission meeting on Tuesday, November 12, 2013. Moved by Vice Chairperson Thomas North, seconded by Commissioner Vicki Hayes.
Vote to to adjourn the regular Planning & Zoning Commission meeting on Tuesday, November 12, 2013. (Approved)
Ayes: North, Hayes, Campbell, May, Robertson, Hooper, West
Nays: None
The Planning & Zoning Commission meeting on Tuesday, November 12, 2013 was adjourned at 7:35pm.
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