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Home My WebLink About1/28/2015 - P&Z Meeting Minutes MINUTES OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF STEPHENVILLE, TEXAS, HELD ON, WEDNESDAY, JANUARY 28, 2015 – 5:30 P.M. ITEM I: CALL TO ORDER. The regular meeting of the Planning and Zoning Commission of the City of Stephenville was called to order at 5:30 pm by Chairman Janet Whitley with the following members present: Chairman: Janet Whitley Members Present: Richard Petronis Kerry Schindler Lisa LaTouche John Baxter Mark Wallace Bill Muncey Metta Collier Justin Allison Members Absent: Jason Lovell Others in attendance: Russ McDaniel, City Council Mayor Pro-Tem; Alan Nix, City Council Member; Judy Miller, Planning and Building Services Director; Tom Heap, Building Official; Bruce Cole, GIS Coordinator/Planner, and others. ITEM II: SWEAR IN NEW MEMBERS OF THE PLANNING AND ZONING COMMISSION. New Commissioners Lisa Latouche, Mark Wallace and Kerry Schindler were sworn in by City Secretary Cindy Stafford. ITEM III: PUBLIC HEARING, DISCUSSION AND RECOMMENDATION TO THE CITY COUNCIL REGARDING THE REQUEST OF THOMAS REIN, AGENT FOR OWNERS, TO REZONE A 2.206 ACRE TRACT OF LAND OUT OF THE WM. MOTLEY SURVERY, ABSTRACT NO. 515, ERATH COUNTY, TEXAS, FROM R-1 ( SINGLE FAMILY RESIDENTIAL) DISTRICT TO B-1 (NEIGHBORHOOD BUSINESS) DISTRICT, 1300 BLOCK OF PECAN HILL. Judy Miller, Director of Planning and Building Services explained this case had been tabled at the November P&Z meeting. She said there were complications with the legal description. The department’s process is to check Erath CAD’s property description against the applications description. The both descriptions match and indicate a lot and block for the property. As it turns out the Erath CAD information is not a lot and block but an acreage situation. Mr. Rein, agent for the owners and the property re-submitted an application to rezone 2.206 acres out of the Motley Survey, Abstract No., 515 from R-1 (Single Family Residential) to B- 1 (Neighborhood Business). Notification letters were sent to all property owners within a 200 foot circle of the delineated 2.206 acres. Ms. Miller did not receive any letters of protest from property owners. Current land use around the property is commercial, vacant with single family homes further from the property. Future land use for the property is Office and Neighborhood Business and Commercial to the south. Ms. Miller explained the future land use in the 2030 Comprehensive Plan criteria is used for future zoning requests. Staff recommends rezoning. Public Discussion For: 1. Susan Gaye Neblit Dorset co-owner of the 2.206 acres explained the development history of Pecan Hills to the commissioners and stated there are no deed restrictions on her property. 2. Tom Rein, agent, said the reason for selecting this property was because it 2 is an area of new growth. Mr. Rein’s explained a 4,000 to 5,000 ft Medical Building Office would be built on the property and the medical building would be a good fit for the area. Commissioner Petronis asked Mr. Rein about traffic congestion and Mr. Rein replied there would not be high volume traffic. 3. Dave Dickerson iterated there are no deed restrictions. There has been several search teams and no evidence of restrictions have been found. Public Discussion Against: 1. Karen Hobbs first home owner behind the fire station. Ms. Hobbs said there was no communication and Mr. Rein’s office denied phone calls. She has concerns the facilities will take business away from existing doctors. She expressed concern about entry/exit conflicts with the fire station. 2. Ann Miears didn’t understand the concept drawing of the medical building. 3. Kirk Conklin spoke to why he and his family moved to Pecan Hill Estates. He said to rezone without any concrete plan doesn’t make sense and said if this property is rezoned to B-1 the investors could change their plan. Motion: A motion to deny the rezoning by Commissioner Petronis and seconded by Commissioner Schindler. Commissioner Allison requested a roll call vote for the motion. AYES: Baxter, Whitley, Schindler, Collier, Muncey and Petronis NOES: Allison, LaTouche and Wallace ITEM IV: PUBLIC HEARING, DISCUSSION AND RECOMMENDATION TO THE CITY COUNCIL ON THE REQUEST OF PENNY T. ELLIOTT, OWNER, TO REZONE LOT 2, BLOCK 13 AND LOTS 1-4, BLOCK 14, SOUTH SIDE ADDITION FROM INDUSTRIAL DISTRICT TO R-3 (MULTI- FAMILY) DISTRICT, 580 S. LILLIAN ST. Ms. Miller said there were 21 letters sent to property owners within the 200 foot circle and the overall existing land use is industrial and multi-family. The 2030 Comprehensive Plan indicates Commercial for this area. The property is primarily vacant and there is currently an active demolition permit to tear the buildings down. Ms. Miller received a couple of letters from property owners asking for information. Staff recommends approval. Public Discussion For: 1. Rhyne Gailey builder and developer, stated he would build multi-family units but has no plans to build within the next 2 years. He currently plans to demolish the old structures and clean up the lots. Public Discussion Against: None Motion: Commissioner Petronis made the motion to approve. Commissioner Muncey seconded the motion. AYES: Baxter, Whitley, Schindler, Collier, Muncey, Allison, LaTouche, Wallace and Petronis NOES: None ITEM V: PUBLIC HEARING, DISCUSSION AND RECOMMENDATION TO THE CITY COUNCIL ON THE REQUEST OF ALFORD LEE AND DORA LENA DUPRIEST, OWNERS, TO REPLAT LOT 14, BLOCK 21, TANGLEWOOD NORTHWEST ADDITION, ZONED R-1 (SINGLE FAMILY RESIDENTIAL) DISTRICT, 790 BLUEBONNET ST. Judy Miller said the owners are requesting to replat into two lots. She stated if a replat is zoned single family or multi-family, property owners within 200 feet must be notified. She indicated the commissioners will probably be seeing more replats before them in the future. The Dupriests would like to replat the lot into two lots. The two lots meet all requirements and staff recommends approval. Motion: Commissioner Collier motion to approve. Commissioner Muncey seconded the motion. AYES: Baxter, Whitley, Collier, Muncey, Petronis, Allison, Wallace, LaTouche, Schindler NOES: None ITEM VI: PUBLIC HEARING, DISCUSSION AND RECOMMENDATION TO THE CITY COUNCIL ON THE REQUEST OF TIMBER RIDGE CHURCH, OWNER, TO REPLAT LOT 1, BLOCK 15, CLIFTON HEIGHTS ADDITION, ZONED R-2 (DUPLEX RESIDENCIAL) DISTRICT, 200 BLOCK OF CLIFTON ST. Judy Miller explained the church wants to sell off vacant property and wants to re-plat into two lots. The re-plat meets all requirements and staff recommends approval. Public Discussion For: 1. Matt Johnson representing Timber Ridge Church stated they have a contract with another church to move in. Motion: Commissioner Wallace made a motion to approve and Commissioner Allison seconded the motion. AYES: Baxter, Whitley, Collier, Muncey, Petronis, Allison, Wallace, LaTouche, Schindler NOES: None ITEM VII: PUBLIC HEARING, DISCUSSION AND RECOMMENDATION TO THE CITY COUNCIL ON THE REQUEST OF SAI ARYA LLC, OWNER, TO REPLAT LOT 2-D AND 2-C, BLOCK 135, CITY ADDITION, ZONED B-2 (RETAIL/COMMERCIAL) DISTRICT, 1186 W. WASHINGTON. Ms. Miller introduced this re-plat on 1186 W. Washington where Subway resided. The re-plat would provide for a small commercial strip. The re-plat meets all requirements and staff recommends approval. Motion: Motion to approve by Commissioner Baxter and seconded by Commissioner LaTouche AYES: Baxter, Whitley, Collier, Muncey, Petronis, Allison, Wallace, LaTouche, Schindler NOES: None ITEM VIII: PUBLIC HEARING, DISCUSSION AND RECOMMENDATION TO THE CITY COUNCIL REGARDING AMENDMENTS TO THE ZONING ORDINANCE TO DELETE THE FOLLOWING SECTIONS: 5.1D(8)(b) RE(residential estates) District building size 5.2D(8)(b) R-HA(single family) District building size 5.3D(8)(b) R-1(single family) District building size 5.4D(7)(b) R-1.5(single family) District building size 5.5D(A)(B)(7)(b) R-2(one & two family) District building size 5.5D(B)(7)(b) R-2(one & two family) District building size 5.6D(A)(B)(b) R-3(multi family) District building size 6.3D(A)(B)(C)(D) B-3(central business) District building size 8(b), 7(b), 6 6.7D(A)(B)(C) DT(downtown) District building size 8(a), 8(b), 8(b&c) Ms. Miller stated this item was continued from the December P&Z meeting. This was because of testimony given about the City of Kyle lawsuit. The continuance would give staff time to investigate. Ms. Miller could not find much material pertaining to the lawsuit. She also stated since her time at city hall, the subject of eliminating building size has been brought up numerous times and the idea of how it would open up the market. Staff has been continually asked to change the ordinance. Commissioner Petronis stated he does not agree with Ms. Miller because with the elimination of the building size restriction builders can build different building sizes in once protected areas. Citizens should have peace of mind this would not happen. Motion: Commissioner Allison made motion to accept. Commissioner Collier seconded. AYES: Muncey, LaTouche and Allison NOES: Baxter, Whitley, Collier, Petronis, Wallace, Schindler Motion: Commissioner Schindler made motion to table to gather more information. Commissioner Collier AYES: Baxter, Whitley, Collier, Petronis, Wallace, Schindler NOES: Muncey, LaTouche and Allison ITEM IX: PUBLIC HEARING, DISCUSSION AND RECOMMENDATION TO THE CITY COUNCIL REGARDING AN AMENDMENT TO ADD SECTION 10.1 “CONDITIONAL USE PERMITS” TO THE ZONING ORDINANCE. Continued to next meeting. ITEM X: DEPARTMENT REPORT. Ms. Miller introduced the new department name as Planning and Building Services. She feels the name is more intuitive than the old name and service orientated. ITEM XI: FUTURE AGENDA ITEMS. There will be a preliminary plat for Golf Country Estates Phase II presented at the February P&Z and possibly two zoning amendments. ADJORN Chairman Janet Whitley closed the meeting. There being no other business to come before the Commission, Chairperson Janet Whitley adjourned the meeting at 8:03 pm. ___________________________________ Janet Whitley, Chairman