Video index
Roll Call: 10 members present, 0 members absent, 0 members excused.
A. WORKSESSION AGENDA
(1) Discuss agenda items.
B. AGENDA
C. PLEDGE OF ALLEGIANCE.
D. CALL TO ORDER.
Chairperson Vaughn called the meeting to order at 7:00 PM and noted for the record that seven (7) Commissioners were present.
E. CONSENT AGENDA ITEMS:
(2) Approval of the Minutes for the Regular Meeting on March 24, 2009.
Motion to Approve to Approve the Consent Agenda item. Moved by Commissioner Donald Dewberry, seconded by Commissioner Dwight Chambers.
Vote to Approve to Approve the Consent Agenda item. (Approved)
Ayes: Vaughn, Dewberry, Chambers, Simerly, North, Stripling, Jones
Nays: None
F. PUBLIC HEARING:
(3) Consider Case Z-1169-09; a Specific Use Permit (SUP) request. This proposed SUP request would allow a 625 square foot accessory structure (cabana) at 1604 Chacon Canyon Drive in Planned Development 77 (PD-77). This property is located north of Pleasant Run Road and east of Duncanville Road. The applicant is Sylvia Matthews-Mitchell.
Management Report for Z-1169-09
Mr. Edlyn Vatthauer, Planning Manager, presented the management report.
Chairperson Vaughn asked the Commission if there were any questions of staff. Hearing no response, she opened the public hearing and asked the applicant to come forward to address the Commission.
Commissioner Dewberry asked Mr. Vatthauer whether the requirement of an 8:12 pitch roof applies to accessory structures.
Mr. Vatthauer informed Commissioner Dewberry that an 8:12 pitch roof is not a requirement for accessory buildings, but this requirement does apply to the main structure.
Chairperson Vaughn asked the Commission if there were any other questions for Mr. Vatthauer. Hearing no response she opened the public hearing and asked the applicant to come forward to address the Commission.
Mr. Stephen & Mrs. Sylvia Mitchell, of 1604 Chacon Canyon Drive, came forward to address the Commission.
Commissioner Van Stripling asked the applicants if the developer has established a Home Owner Association (HOA) for Ten Mile Creek, Phase III.
Mr. Vatthauer informed the Commission that the HOA for Ten Mile Creek, Phase III has not been activated because the subdivision phase is not fifty percent (50%) built out.
Commissioner Stripling stated that a Home Owner Association would normally establish requirements as apart of the covenant restrictions which probably encompasses accessory structures of this nature. He also stated that the Commission does not want to put the applicants in a situation where the city approved cabana violates the HOA Covenant Restrictions.
Mr. Vatthauer informed the applicants that they should check the guidelines of the subdivision Deed & Covenant Restrictions to make sure the cabana is in compliance before proceeding with construction.
Commissioner Chambers asked the applicants about the type of material that would cover the cabana.
Mr. Mitchell stated that cedar would be used to cover the cabana.
Commissioner Chambers asked Mr. Mitchell about the height of the fence surrounding the property in question and if the highest point of the cabana would be fifteen (15) feet in height.
Mr. Mitchell stated that the fence surrounding his home is approximately six (6) feet and the highest point of the cabana would be fifteen (15) feet in height.
Chairperson Vaughn asked the Commission if there were any other questions for the applicants. Hearing no response, she closed the public hearing and asked the Commission for a motion.
Motion to Approve to Approve Case Z-1169-09; an Specific Use Permit (SUP) request to allow a 625 square foot accessory structure (cabana) at 1604 Chacon Canyon Drive in Planned Development 77 (PD-77) Moved by Vice Chairperson Tom Simerly, seconded by Commissioner Donald Dewberry.
Vote to Approve to Approve Case Z-1169-09; an Specific Use Permit (SUP) request to allow a 625 square foot accessory structure (cabana) at 1604 Chacon Canyon Drive in Planned Development 77 (PD-77) (Approved)
Ayes: Stripling, Simerly, Jones, Chambers, North, Vaughn, Dewberry
Nays: None
(4) Consider Case Z-1170-09; an Amendment to the Zoning Ordinance to change the names and descriptions of the two industrial districts, as well as height, area and placement requirements; revising the setbacks regarding loading docks; increasing landscaping and buffers, and allowing open storage in specific areas without screening. In addition, the Use Chart is being amended to remove a number of uses, as well as adding a number of new uses with their definitions. Umbrella
Management Report for Z-1170-09
Mr. Edlyn Vatthauer, Planning Manager, presented the management report.
Mr. Daniel Harrison, of Sekfo Planning, Freese & Nichols, came forward to address the Commission. He gave an overview of the purpose, objectives and changes to the Zoning Ordinance to better promote quality industrial districts that are competitive with surrounding industrial districts.
Chairperson Vaughn asked the Commission if there were any questions of Mr. Harrison. There being no response, she stated that the Commission would not vote on case Z-1170-09 until the next Planning & Zoning Commission meeting scheduled for Tuesday, May 26, 2009, but there would be discussion on the issue. Chairperson Vaughn opened the public hearing and asked if there was anyone who wished to address the Commission either in favor or in opposition.
Mr. Stacy Stewart, of 1229 E. Pleasant Run Road, Suite 132, representing 4 Way Investments, came forward to address the Commission. He expressed his concerns with the proposed zoning changes. Mr. Stewart stated that the proposed zoning changes for Industrial areas would create leasing problems with some of the available space, and some existing uses that would become legal non-conforming.
Chairperson Vaughn informed Mr. Stewart that the Commission is aware of the non-conforming uses that would exist as a result of the proposed zoning changes. She also explained that the Commission, along with staff, is working to address this issues.
Mr. Vatthauer stated that once case Z-1170-09 has been approved by City Council, staff would begin working to create three (3) Planned Developments for those uses within the Industrial Districts that would have difficulty complying with the proposed changes.
Mr. Stewart asked if the property currently zoned Industrial Park would change to Light Industrial zoning with the proposed amendment, even though the Planned Developments has not been created for the Industrial areas. He stated that he would be opposed to any changes that causes legal non-conforming status for a lot of the existing uses and also hinder his ability to lease out spaces in the area.
Mr. Vatthauer explained that properties currently zoned Industrial Park would change to Light Industrial zoning with the proposed amendment.
The Commission and Mr. Stewart discussed the need to create Planned Developments in the Industrial Districts to offset the issues of limiting existing and potential uses. They also discussed modifying the proposed amendment to exclude uses that already exist from legal non-conforming status until the Industrial District Planned Developments are created.
Chairperson Vaughn asked if there was anyone else who wished to address the Commission either in favor or in opposition to case Z-1170-09. Hearing no response she asked the Commission if there was any discussion. There being no response, she closed the public hearing.
G. REGULAR AGENDA:
(5) No items.
H. ADJOURNMENT:
Being there was no other business; Chairperson Vaughn adjourned the meeting at 8:00 PM.
May 12, 2009 Planning and Zoning Meeting
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Roll Call: 10 members present, 0 members absent, 0 members excused.
A. WORKSESSION AGENDA
(1) Discuss agenda items.
B. AGENDA
C. PLEDGE OF ALLEGIANCE.
D. CALL TO ORDER.
Chairperson Vaughn called the meeting to order at 7:00 PM and noted for the record that seven (7) Commissioners were present.
E. CONSENT AGENDA ITEMS:
(2) Approval of the Minutes for the Regular Meeting on March 24, 2009.
Motion to Approve to Approve the Consent Agenda item. Moved by Commissioner Donald Dewberry, seconded by Commissioner Dwight Chambers.
Vote to Approve to Approve the Consent Agenda item. (Approved)
Ayes: Vaughn, Dewberry, Chambers, Simerly, North, Stripling, Jones
Nays: None
F. PUBLIC HEARING:
(3) Consider Case Z-1169-09; a Specific Use Permit (SUP) request. This proposed SUP request would allow a 625 square foot accessory structure (cabana) at 1604 Chacon Canyon Drive in Planned Development 77 (PD-77). This property is located north of Pleasant Run Road and east of Duncanville Road. The applicant is Sylvia Matthews-Mitchell.
Management Report for Z-1169-09
Mr. Edlyn Vatthauer, Planning Manager, presented the management report.
Chairperson Vaughn asked the Commission if there were any questions of staff. Hearing no response, she opened the public hearing and asked the applicant to come forward to address the Commission.
Commissioner Dewberry asked Mr. Vatthauer whether the requirement of an 8:12 pitch roof applies to accessory structures.
Mr. Vatthauer informed Commissioner Dewberry that an 8:12 pitch roof is not a requirement for accessory buildings, but this requirement does apply to the main structure.
Chairperson Vaughn asked the Commission if there were any other questions for Mr. Vatthauer. Hearing no response she opened the public hearing and asked the applicant to come forward to address the Commission.
Mr. Stephen & Mrs. Sylvia Mitchell, of 1604 Chacon Canyon Drive, came forward to address the Commission.
Commissioner Van Stripling asked the applicants if the developer has established a Home Owner Association (HOA) for Ten Mile Creek, Phase III.
Mr. Vatthauer informed the Commission that the HOA for Ten Mile Creek, Phase III has not been activated because the subdivision phase is not fifty percent (50%) built out.
Commissioner Stripling stated that a Home Owner Association would normally establish requirements as apart of the covenant restrictions which probably encompasses accessory structures of this nature. He also stated that the Commission does not want to put the applicants in a situation where the city approved cabana violates the HOA Covenant Restrictions.
Mr. Vatthauer informed the applicants that they should check the guidelines of the subdivision Deed & Covenant Restrictions to make sure the cabana is in compliance before proceeding with construction.
Commissioner Chambers asked the applicants about the type of material that would cover the cabana.
Mr. Mitchell stated that cedar would be used to cover the cabana.
Commissioner Chambers asked Mr. Mitchell about the height of the fence surrounding the property in question and if the highest point of the cabana would be fifteen (15) feet in height.
Mr. Mitchell stated that the fence surrounding his home is approximately six (6) feet and the highest point of the cabana would be fifteen (15) feet in height.
Chairperson Vaughn asked the Commission if there were any other questions for the applicants. Hearing no response, she closed the public hearing and asked the Commission for a motion.
Motion to Approve to Approve Case Z-1169-09; an Specific Use Permit (SUP) request to allow a 625 square foot accessory structure (cabana) at 1604 Chacon Canyon Drive in Planned Development 77 (PD-77) Moved by Vice Chairperson Tom Simerly, seconded by Commissioner Donald Dewberry.
Vote to Approve to Approve Case Z-1169-09; an Specific Use Permit (SUP) request to allow a 625 square foot accessory structure (cabana) at 1604 Chacon Canyon Drive in Planned Development 77 (PD-77) (Approved)
Ayes: Stripling, Simerly, Jones, Chambers, North, Vaughn, Dewberry
Nays: None
(4) Consider Case Z-1170-09; an Amendment to the Zoning Ordinance to change the names and descriptions of the two industrial districts, as well as height, area and placement requirements; revising the setbacks regarding loading docks; increasing landscaping and buffers, and allowing open storage in specific areas without screening. In addition, the Use Chart is being amended to remove a number of uses, as well as adding a number of new uses with their definitions. Umbrella
Management Report for Z-1170-09
Mr. Edlyn Vatthauer, Planning Manager, presented the management report.
Mr. Daniel Harrison, of Sekfo Planning, Freese & Nichols, came forward to address the Commission. He gave an overview of the purpose, objectives and changes to the Zoning Ordinance to better promote quality industrial districts that are competitive with surrounding industrial districts.
Chairperson Vaughn asked the Commission if there were any questions of Mr. Harrison. There being no response, she stated that the Commission would not vote on case Z-1170-09 until the next Planning & Zoning Commission meeting scheduled for Tuesday, May 26, 2009, but there would be discussion on the issue. Chairperson Vaughn opened the public hearing and asked if there was anyone who wished to address the Commission either in favor or in opposition.
Mr. Stacy Stewart, of 1229 E. Pleasant Run Road, Suite 132, representing 4 Way Investments, came forward to address the Commission. He expressed his concerns with the proposed zoning changes. Mr. Stewart stated that the proposed zoning changes for Industrial areas would create leasing problems with some of the available space, and some existing uses that would become legal non-conforming.
Chairperson Vaughn informed Mr. Stewart that the Commission is aware of the non-conforming uses that would exist as a result of the proposed zoning changes. She also explained that the Commission, along with staff, is working to address this issues.
Mr. Vatthauer stated that once case Z-1170-09 has been approved by City Council, staff would begin working to create three (3) Planned Developments for those uses within the Industrial Districts that would have difficulty complying with the proposed changes.
Mr. Stewart asked if the property currently zoned Industrial Park would change to Light Industrial zoning with the proposed amendment, even though the Planned Developments has not been created for the Industrial areas. He stated that he would be opposed to any changes that causes legal non-conforming status for a lot of the existing uses and also hinder his ability to lease out spaces in the area.
Mr. Vatthauer explained that properties currently zoned Industrial Park would change to Light Industrial zoning with the proposed amendment.
The Commission and Mr. Stewart discussed the need to create Planned Developments in the Industrial Districts to offset the issues of limiting existing and potential uses. They also discussed modifying the proposed amendment to exclude uses that already exist from legal non-conforming status until the Industrial District Planned Developments are created.
Chairperson Vaughn asked if there was anyone else who wished to address the Commission either in favor or in opposition to case Z-1170-09. Hearing no response she asked the Commission if there was any discussion. There being no response, she closed the public hearing.
G. REGULAR AGENDA:
(5) No items.
H. ADJOURNMENT:
Being there was no other business; Chairperson Vaughn adjourned the meeting at 8:00 PM.
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