AGENDA BURLESON PLANNING AND ZONING COMMISSION MEETING September 13, 2011 BURLESON CITY HALL 141 W. RENFRO BURLESON, TX 76028

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1 AGENDA BURLESON PLANNING AND ZONING COMMISSION MEETING BURLESON CITY HALL 141 W. RENFRO BURLESON, TX REGULAR SESSION 7:00 p.m. Call to Order Invocation All items listed below under 1. Consent Agenda are considered to be routine by the Planning and Zoning Commission and will be enacted with one motion. There will be no separate discussion of the items unless a Commissioner or citizen so requests, in which event the item will be removed from the consent agenda and considered in its normal sequence. Approval of the consent agenda authorizes the Community Development Director to place each item on the City Council agenda in accordance with Planning and Zoning Commission s recommendations. If a citizen, Commissioner or staff member wishes to request any items to be withdrawn from the consent agenda for separate consideration please let the Planning and Zoning Commission Chair know at this time. 1. Consent Agenda A. Minutes from the August 16, 2011, Planning and Zoning Commission Regular Session. 2. Public Hearing A. Waiver request from the Subdivision and Development Ordinance Section 2.2 Plat Required for Building Permit for Tract 50A, Abstract No. 716 in the T.S. Roberts Survey also known as 8101 E. FM 917 located in the City of Burleson's ETJ. (Case ) B. Waiver request from the Subdivision and Development Ordinance Section 2.2 Plat Required for Building Permit for Tract 20A, Abstract No. 29, in the W W Byers Survey, also known as 813 W. FM 917 located in the City of Burleson's ETJ. (Case ) 3. Other Items for Consideration None

2 Planning and Zoning Agenda Page 2 4. Discussion Items None 5. Executive Session A. Executive Session: Pursuant to the Open Meetings Act, Chapter 551, Texas Government Code, Sec and Sec of the Texas Government Code (Texas Disaster Act). Refer to posted list attached hereto and incorporated here in. Executive Session may be held, under these exception, at any time during the meeting that a need arises for the Planning and Zoning Commission to seek advice from the City Attorney as to the posted subject matter of this Planning and Zoning Commission meeting. B. Reconvene into open session for possible action resulting from any items posted and legally discussed in Executive Session. Adjourn. CERTIFICATE I hereby certify that the above agenda was posted on this the 9 th of September, 2011, by 5:00 pm, on the official bulletin board at the Burleson City Hall, 141 W. Renfro, Burleson, Texas. Amanda McCrory Amanda McCrory City Secretary ACCESSIBILITY STATEMENT The Burleson City Hall is wheelchair accessible. The entry ramp is located in the front of the building. Accessible parking spaces are also available in that area. Sign interpretative services for meetings must be made 48 hours in advance of the meeting. Call the A.D.A. Coordinator at or TDD EXECUTIVE SESSION The Planning and Zoning Commission reserves the right to convene in Executive Session(s) during this meeting pursuant to the following Sections of the Government

3 Planning and Zoning Agenda Page 3 Code of the State of Texas: Pursuant to Sec (1)a, (1)b, and (2), consultation with its Attorney: The Planning and Zoning Commission may conduct private consultations with its attorneys when the Planning and Zoning Commission seeks the advice of its attorney concerning any item on this agenda, about pending and contemplated litigation, or a settlement offer; or a matter in which the duty of the attorney to the Planning and Zoning Commission under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Government Code. Pursuant to Sec , deliberation regarding Economic Development Negotiations including: (1) discussion or deliberation regarding commercial or financial information that the governmental body has received from a business prospect that the governmental body seeks to have locate, stay, or expand in or near the territory of the governmental body and with which the governmental body is conducting economic development negotiations; OR (2) deliberation of the offer of a financial or other incentive to a business prospect described in (1) above.

4 Memorandum 2A-1 To: From: The Chair and Members of the Planning and Zoning Commission Michelle McCullough, P.E., Project Engineer Department of Engineering Services Date: Subject: Public Hearing for a request for a waiver from the Subdivision and Development Ordinance, Section 2.2, Plat Required for Building Permit, for Tract 50A, Abstract No. 716 in the T.S. Roberts Survey also known as 8101 E. FM 917 located in the City of Burleson's ETJ. (Case ) Commission Action Requested: 1. Conduct a public hearing; and, 2. Recommend approval or denial of the request for a waiver from the Subdivision and Development Ordinance, Section 2.2, Plat Required for Building Permit, for Tract 50A, Abstract No. 716 in the T.S. Roberts Survey also known as 8101 E. FM 917 located in the City of Burleson's ETJ. (Case ) Background Information: The applicant owns a 0.41 acre tract of land in the Burleson s ETJ and intends to construct free standing gasoline and diesel pumps with card readers on the site. The applicant also owns the Happy Hill Grocery store across the street from this location that utilizes gasoline pumps for its customers. In addition to these two properties, the applicant owns the Lucky Mart Grocery store which is also located near the proposed free standing fuel pumps. For those customers who wish to purchase only fuel and no items offered at the grocery stores, this location would provide that option. The additional gasoline pumps will give the applicant the ability to offer a higher level of service to their customers by providing more access to re-fuel their vehicles thereby reducing the amount of time the customer may have to wait in line to utilize the existing pumps at the other two locations. Additional Information: This tract of land is located within the city s ETJ and does not require the construction of any public improvements at this time. County HWY 600 and FM 917 are located along

5 2A-2 this tract and are on the City s Master Thoroughfare Plan to be improved at some point in the future. The amount right of way required by the city s masterplan would render this site un-developable, and is not roughly proportional to the use that this development will generate. Therefore, Engineering is not requesting right of way to be dedicated at this time. By not requiring a plat at this time, the City will maintain the ability to require a plat and right-of-way or easement dedications if warranted by the future development. Board/Citizen Input: The regulation of subdivision development is based upon government's legitimate interest in promoting orderly development, insuring that subdivisions are constructed safely, and protecting future owners from inadequate police and fire protection, inadequate drainage and unsanitary conditions. To achieve this goal the Planning and Zoning Commission appointees and the City Council members have the legislative authority to adopt a subdivision ordinance. The Texas Local Government Code does not require platting for a single tract or parcel in which the land is connected to existing utilities. The City s current ordinance however does require that any tract of land that a structure is proposed for construction must be platted in order to obtain a building permit. As required by the Subdivision and Development Ordinance, staff mailed eleven (11) property owner notices within 200 feet of this property on September 2, At this time, no comments from citizens have been received. Financial Considerations: There is no expenditure of municipal funds associated with this item. Attachments: 1. Location Map 2. Aerial Map 3. Exhibit of Parcel Staff Contact: Michelle McCullough Civil Engineer Engineering Services mmccullough@burlesontx.com

6 Attachment 1 Location Map 2A-3 NORTH

7 Attachment 2 Aerial Map 2A-4 NORTH Happy Hill Grocery Tract 50A Abstract 716 T.S. Roberts Survey Lucky Mart Grocery

8 Attachment 3 Survey 2A-5 Happy Hill Grocery Lucky Mart Grocery

9 2B-1 Memorandum To: From: The Chair and Members of the Planning and Zoning Commission Michelle McCullough, P.E., Project Engineer Department of Engineering Services Date: Subject: Public Hearing for a request for a waiver from the Subdivision and Development Ordinance, Section 2.2, Plat Required for Building Permit, for Tract 20A, Abstract No. 29, in the W W Byers Survey, also known as 813 W. FM 917 located in the City of Burleson's ETJ. (Case ) Commission Action Requested: 1. Conduct a public hearing; and, 2. Recommend approval or denial of the request for a waiver from the Subdivision and Development Ordinance, Section 2.2, Plat Required for Building Permit, for Tract 20A, Abstract No. 29, in the W W Byers Survey, also known as 813 W. FM 917 located in the City of Burleson's ETJ.. (Case ) Background Information: The applicant owns a 2.0 acre tract of land in Burleson s ETJ and intends to place a mobile home on the property which will be a secondary residence. There is currently a one story frame house and a metal shed located on the north portion of the property adjacent to FM 917. In addition there are two metal barns / structures located on the southwest portion of the property and a larger metal building on the southeast portion of the property which serves as the location of the applicant s business. Additional Information: This tract of land is located within the city s ETJ and does not require the construction of any public improvements at this time. There is an existing 20 water line easement dedicated to the West Prairie Water Supply Corporation along the front of the tract. In addition, FM 917 is located along this tract and is on the City s Master Thoroughfare Plan to be improved at some point in the future as a minor arterial with a proposed right of way of 90 feet. Based on the information that the City has obtained it appears that an

10 2B-2 additional 10 to 15 feet of right of way would be required from this tract for the future improvements. Staff has requested the property owner provide the City with a letter stating the placement of the mobile home will remain at least 40 feet south of the existing property line to avoid structures being placed within proposed future right of way. The proposed mobile home addition is not considered to be roughly proportional to the use that this development will generate and therefore, Engineering is not requesting right of way to be dedicated at this time. By not requiring a plat at this time, the City will maintain the ability to require a plat and right-of-way or easement dedications if warranted by the future development. Board/Citizen Input: The regulation of subdivision development is based upon government's legitimate interest in promoting orderly development, insuring that subdivisions are constructed safely, and protecting future owners from inadequate police and fire protection, inadequate drainage and unsanitary conditions. To achieve this goal the Planning and Zoning Commission appointees and the City Council members have the legislative authority to adopt a subdivision ordinance. The Texas Local Government Code does not require platting for a single tract or parcel in which the land is connected to existing utilities. The City s current ordinance however does require that any tract of land that a structure is proposed for construction must be platted in order to obtain a building permit. As required by the Subdivision and Development Ordinance, staff mailed six (6) property owner notices within 200 feet of this property on September 2, At this time, the City has received one response regarding this item..

11 2B-3 Financial Considerations: There is no expenditure of municipal funds associated with this item. Attachments: 1. Location Map 2. Aerial Map 3. Exhibit of Parcel Staff Contact: Michelle McCullough Civil Engineer Engineering Services

12 Attachment 1 Location Map 2B-4 NORTH

13 Attachment 2 Aerial Map 2B-5 NORTH Approx Location of proposed mobile home Tract 20A, Abstract No. 20 W W Byers Survey (813 W. FM 917)

14 Attachment 3 Survey 2B-6 Approx location of proposed mobile home Additional Metal Building