MINUTES PLANNING AND ZONING COMMISSION REGULAR SESSION JUNE 20, 2016

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1 MINUTES PLANNING AND ZONING COMMISSION REGULAR SESSION JUNE 20, 2016 The Planning and Zoning Commission of the City of Granbury convened in regular session on Monday, June 20, 2016 at Granbury City Hall, 116 W. Bridge St. Notice of said meeting giving date, place and subject thereof having been posted as prescribed by Article V.A.T.C.S., with the following members present: Lee Daniels * Chairman Reda Kay * Vice-Chair Steve Ellis * Member Tim Hallman * Member Cathey Briscoe * Member Tony Hedges * Member Eddie Rodriquez * Member Shirley Hooks * Member Also present were: Scott Sopchak * Community Development Director Larry Abrigg * Planner Angela Durant * Recording Secretary A. CALL TO ORDER OF REGULAR MEETING Chairman Daniels called the Planning and Zoning Commission meeting to order at 6:00 p.m. B. APPROVAL OF MINUTES March 21, 2016 Mr. Ellis made a motion to approve the minutes of March 21, 2016 as presented. Ms. Briscoe seconded the motion and the vote was unanimous to approve. MOTION CARRIED TO APPROVE. C. PUBLIC HEARINGS 1

2 Z , Request of Harbor Lakes Development to rezone a acre tract of the Setzer Survey, Abstract # 502 from Planned Development/Neighborhood Services (PD/NS) and Planned Development/Single Family, Office (PD/SF,O) to Planned Development/Patio Home (PD/PH). The property is located on Harbor Lakes Dr., south of 5th St. PL , Request of Harbor Lakes Development to Preliminary Plat a acre tract of the Setzer Survey, Abstract # 502 as Lots 1-16, Block 1; Lots 1-7, Block 2 and Common Areas A-C of the Harbor Lakes Addition, Section 4. The property is located on Harbor Lakes Dr., south of 5th St. Mr. Ellis made a motion to continue items Z and PL Mr. Hallman seconded the motion and the vote was unanimous to continue. MOTION CARRIED TO CONTINUE. PL , Request of Josiah Ventures, Ltd. to Final Plat a acre tract of the Martin Setzer Survey, Abstract # 502 as Lots 2-28, Block 1 and Lots 29-45, Block 3 of the Josiah Estates Addition, Phase 2. The property is located east of Water s Edge Dr., and north of Joshua Way. Mr. Larry Abrigg addressed the Commission. He stated the applicant is proposing to final plat 44 residential lots for Phase 2. The property is located east of Water s Edge Drive and north of Joshua Way. The property was rezoned to Single-Family Residential R-8.4 in July 2006 along with the review and approval of the Preliminary Plat. The zoning was changed to Planned Development/R-8.4 on August 5, 2008 in order to reduce the rear setbacks from 30 feet to 20 feet and the interior side setbacks from a combined total of 15 feet to 5 feet minimum for both sides. Engineering plans have been submitted, and reviewed by the City Engineer regarding the proposed drainage impacts and improvements. Mr. Abrigg stated staff recommends approval of the Final Plat as it appears to be consistent with the approved Preliminary Plat previously approved by Council and also it appears to meet all the requirements of the Subdivision Ordinance. There are no variances being requested as a part of the Final Plat application. Mr. Ellis made a motion to approve the Final Plat as presented. Ms. Briscoe seconded the motion and the vote was unanimous to approve. MOTION CARRIED TO APPROVE. 2

3 Z , Request of Timothy Arterberry to rezone Lot 5, Block B of the SW Parkway Industrial Park Addition from Interim Holding (IH) to Heavy Commercial (HC). The property is addressed as 106 Pirate Dr. SUP , Request of Timothy Arterberry for a Specific Use Permit to allow the operation of an Auto Repair Shop Major on Lot 5, Block B of the SW Parkway Industrial Park Addition. The property is addressed as 106 Pirate Dr. Chairman Daniels opened the Public Hearings. Mr. Larry Abrigg addressed the Commission. He stated the applicant has made application for a change of zoning and Specific Use Permit to allow occupancy of a former auto repair business which was located on-site. The existing commercial building is not currently in use. The site has space for parking and maneuvering. The property has been zoned Interim Holding since annexation in The zoning request for Heavy Commercial includes a request on this agenda for a Specific Use Permit for Major Auto Repair. Staff recommends approval of the change of zoning request to Heavy Commercial. This request is compliant with the Comprehensive Plan and there are commercial uses adjacent to this property. Staff recommends approval of the Specific Use Permit with the following conditions: a. The Specific Use Permit shall automatically expire 1 year from City Council approval; b. Shall not be used for the storage of wrecked vehicles or the dismantling of vehicles or the storage of vehicle parts, and; c. All vehicles being stored for repair shall be screened from all public rightsof-way. [shall be located inside the building off-hours, or screening shall be provided by the applicant for outside storage] Chairman Daniels closed the Public Hearings. Mr. Ellis made a motion to approve the change of zoning request from Interim Holding to Heavy Commercial. Ms. Hooks seconded the motion and the vote was unanimous to approve. MOTION CARRIED TO APPROVE. Mr. Ellis made a motion to approve the Specific Use Permit with the following conditions: a. The Specific Use Permit shall automatically expire 1 year from City Council approval; b. Shall not be used for the storage of wrecked vehicles or the dismantling of vehicles or the storage of vehicle parts, and; 3

4 c. All vehicles being stored for repair shall be screened from all public rightsof-way. [shall be located inside the building off-hours, or screening shall be provided by the applicant for outside storage] Mr. Hallman seconded the motion and the vote was unanimous to approve. MOTION CARRIED TO APPROVE. SUP , Request of Ryan Hadorn for a Specific Use Permit to allow the operation of Motorcycle Sales & Service, Used in a Heavy Commercial (HC) zoning district. The property is addressed as 2608 E. Hwy Mr. Larry Abrigg addressed the Commission. He stated the applicant is proposing to sell and service used motorcycles and display motorcycles for sale within the parking lot. All repair work will take place within the building. A site plan has been provided delineating the proposed outdoor display area. The property was previously occupied by an ATV sales & service business which had a Specific Use Permit in place to accommodate the use. Adequate paved parking is provided on the site to support the proposed use. The property is zoned Heavy Commerical, which allows daily outdoor display by right in conformance with Section of the Zoning Ordinance. The proposed display locations are located on an improved hard surface. Mr. Abrigg stated staff recommends approval of the Specific Use Permit to allow for the daily outdoor display of used motorcycles for sale in conjunction with the service of used motorcycles with the following conditions: a. The Specific Use Permit shall expire 1 year from City Council approval; b. Motorcycles shall be displayed as delineated on the attached site plan. Outdoor repair is prohibited. The merchandise shall be situated in a manner not to block ingress/egress to the building or required parking spaces; c. The outside display will be allowed during standard business hours, 7:00 a.m. to 7:00 p.m. Dr. Hedges made a motion to approve the Specific Use Permit as presented with the following conditions: a. The Specific Use Permit shall expire 1 year from City Council approval; b. Motorcycles shall be displayed as delineated on the attached site plan. Outdoor repair is prohibited. The merchandise shall be situated in a manner not to block ingress/egress to the building or required parking spaces; 4

5 c. The outside display will be allowed during standard business hours, 7:00 a.m. to 7:00 p.m. Mr. Rodriquez seconded the motion and the vote was unanimous to approve. MOTION CARRIED TO APPROVE. PL , Request of Shane Timm to Replat Lots 18-20, Block 1 of the Sky Harbour Addition, Section 1 as Lot 18R, Block 1 of the Sky Harbour Addition, Section 1. The property is located at the intersection of Scorpio Dr. and Apollo Ct. Mr. Larry Abrigg addressed the Commission. He stated the applicant owns three adjacent lots and has requested to replat the subject property into one lot. The property is located in the Extra Territorial Jurisdiction of the City of Granbury. The property is part of the Sky Harbour, Section 1 Subdivision which dates back to the 1960 s. Mr. Abrigg stated the following variances have been requested by the developer in conjunction with the plat application to support the proposal as presented: Variance is requested to Section 1.9.E (Public Improvement Policy) to not provide fire hydrants Variance is requested to Section 3.9 & 4.6 regarding centralized water mains. Variance is requested to Section 3.9 & 4.5 regarding centralized wastewater mains. Variance is requested to Section 3.1 regarding streets, to not improve adjacent street to an urban standard street. Variance is requested to Section 4.8 regarding the installation of street lights. Mr. Abrigg stated the City Engineer has reviewed and recommends approval of the variances associated with the Replat request and staff recommends approval of the Replat request as presented. Mr. Hallman made a motion to approve the replat request and associated variances as presented. Ms. Hooks seconded the motion and the vote was unanimous to approve. MOTION CARRIED TO APPROVE. Z , Request of David Southern to Rezone Lot 6, Block 100R of the Barton Addition from Light Commercial (LC) to Interim Holding (IH). The property is addressed as 805 Lipan Hwy. 5

6 Mr. Larry Abrigg addressed the Commission. He stated the applicant has made a request to change the zoning from Light Commercial to Interim Holding. He has availed to city staff that he wants the land to remain vacant and has no plans for development at this time. In 2004 the zoning was changed from residential to Light Commercial. Mr. Abrigg stated staff recommends approval of the request to down-zone the property to Interim Holding. From the Moore Street intersection of Lipan Hwy on the south to the Thorp Springs intersection on the north there is only one commercial use and it is an assisted living facility. The remainder of the properties in this portion of Lipan Hwy appear to be residential. Down-zoning to Interim Holding is less restrictive and it is a considered a holding zone which allows for rural-estate type development only. When the owner is ready to develop he/she would need to seek the proper zoning from City Council at the time of development. Interim Holding zoning should not affect neighboring properties. Dr. Hedges made a motion to approve the change of zoning to Interim Holding. Ms. Hooks seconded the motion and the vote was 4 ayes (Kay, Hooks, Rodriquez, Heges) and 2 nays (Hallman, Briscoe) and Mr. Ellis abstained. MOTION CARRIED TO APPROVE. PL , Request of David Campbell and Glenn Wilson to Final Plat a acre tract of the Martin Setzer Survey, Abstract #502 as Lots 1 and 2, Block 1 of the David Campbell Addition. The property is located east of Liberty Rd. on E. Hwy. 377 addressed as 2013 E Hwy 377. Mr. Larry Abrigg addressed the Commission. He stated the subject property is primarily vacant with a metal building, not in use, on proposed lot 1. The owner proposes to sell a two acre tract, proposed Lot 2. No use or development has been availed to staff. The property was annexed in 1996 and has been zoned Interim Holding since annexation. The property is still in survey. The Preliminary Plat was conditionally denied by City Council on April 5, 2016 pending an easement agreement with at least one of the neighboring property owners in order to tie into sewer/water lines. Public Works Department has secured the necessary water/sewer easements so that this property could be developed. Mr. Abrigg stated during the Preliminary Plat deliberations, variances were approved to Section 3.1.E to not improve Hwy 377 to an urban standard, to Section a to not install sidewalks along the street frontage and to Section 4.8 to not install streetlights along the street frontage. Two additional variances are requested in conjunction with the Final Plat application: 6

7 Variance is requested to Section 3.9 and 4.6 to not provide water along the street frontage. Variance is requested to Section 3.9 and 4.5 to not provide wastewater along the street frontage Mr. Abrigg stated staff recommends approval of the Final Plat application and associated variances as presented. Mr. Ellis made a motion to approve the Final Plat and variances as presented. Mr. Rodriquez seconded the motion and the vote was unanimous to approve. MOTION CARRIED TO APPROVE. PL , Request of Gran Country, LLC to Replat a acre tract as Common Area 1, Block 2 of the Avalon Addition. The purpose of the Replat is to incorporate the previously un-platted tract into the Avalon Addition to allow ingress/egress and maintenance of the adjoining property. The property is located on Hill Blvd., east of Avalon Cir. Mr. Larry Abrigg addressed the Commission. He stated the subject property is developed as townhomes. The property to the east is zoned Interim Holding. The property to the west is zoned Residential/Townhome and the property across the street and along Highway 377 is zoned Light Commercial. The owner of Lot 44R has requested a variance to Section 3.1.E & 4.10.B of the Subdivision Ordinance to not increase Hill Boulevard right-of-way from 56-ft to 60-ft. The existing street pavement meets the 36 width requirement. The City Engineer recommends approval of the variances as presented. If the variances are approved by Planning & Zoning and City Council, staff recommends approval of the Replat as presented. Mr. Ellis made a motion to approve the Replat and variance as presented. Mr. Hallman seconded the motion and the vote was unanimous to approve. MOTION CARRIED TO APPROVE. Z , Request of Don Murphy to rezone a acre tract of the Marcus Smith Survey, Abstract # 504 from Interim Holding (IH) to Planned Development/Multiple- Family (PD/MF). The property is located on Hill Blvd., north of E Hwy

8 Mr. Larry Abrigg addressed the Commission. He stated the proposed development is 128 apartment units with a proposed density of approximately 16 units per acre. The property has been zoned Interim Holding (IH) since it s annexation in This allowed for the continued usage of the rural/estate which was owned by Mr. Hill at the time of annexation. The property is still in survey. On February 22, 2016, Planning & Zoning Commission approved the Preliminary Plat. On March 15, 2016 the City Council denied the Preliminary Plat as presented by the applicant due to a possible 5 land dispute between Mr. Murphy and the adjoiners to the west based on advice from the City Attorney at the Council meeting. Subsequently, the 5 strip to the west behind the townhomes on Avalon Court has been deeded over to the adjoining Stonegate homeowner s association. On May 3, 2016 the City Council approved the Preliminary Plat. No Final Plat application has been filed at the time of this request. As underscored in previous public hearings, the Preliminary Plat alone does not create a legal lot of record to accommodate new development. Both the zoning and the final plat application would need approval to accommodate the proposed development. Mr. Abrigg stated the current future land use map indicates the general area is earmarked for single-family residential development. The subject site is also contiguous to high density residential (Stonegate) to the west and commercial/medical office buildings to the east. Ultimately, the burden falls on the applicant to prove that the proposed rezoning and development of the apartments are in the best interest of the community. If the Planning & Zoning Commission and City Council find favor with the request, they should read into the record any unique circumstances, land use changes, or other matters that have occurred in the area since the Plan adoption in 2008 and amend the Plan accordingly. This procedural nuance of amending the Plan is of course not required if Planning & Zoning Commission and City Council are not supportive of the request. Mr. Abrigg stated a Traffic Impact Analysis has been completed by the applicant s engineer and has been reviewed by the City s engineer. Mr. Abrigg stated no Tree Conservation Plan has been submitted as the developer is proposing to save and relocate all protected trees. Staff suggests the following condition should be applied to the zoning motion if the Planning & Zoning Commission considers a move to amend the Plan and support the zoning request. Condition #1 - All of the trees shown on the Tree Conservation Plan (TCP) Exhibit D that are relocated and saved shall be done under the supervision of an arborist and coordinated with the City of Granbury Park Superintendent. The City of Granbury Parks Superintendent shall choose or approve the choice of the arborist and the developer shall bear all cost associated with this condition. The arborist shall certify that (1) the relocated trees have been moved without damage, and (2) once relocated, that each tree is in a state healthy enough to survive the relocation long term. Any relocated tree which has been damaged, will be assessed under Article 13 Tree Preservation Requirements, with an 8

9 approved TCP to be processed. Remediation payment for damaged or lost trees will be in accordance with Article 13 and other applicable regulations. Mr. Abrigg stated the zoning is a discretionary action with the burden falling on the applicant to prove up the request before the Planning & Zoning Commission and City Council. As previously stated, this application is inconsistent with the current Future Land Use Map contained within the Plan which was adopted 8 years ago. If the Planning & Zoning Commission and City Council reasons to support the change to high-density residential zoning, the Comprehensive Plan must first be amended in order to support the rezoning request. Again, this should include reasoning that supports the change to the current 2008 future land use map contained within the Plan. The options available to the Planning & Zoning Commission and City Council are: Amend the Future Land Use Map within the 2008 Comprehensive Plan from Single-family residential to High-density residential and state reasons / changes as mentioned above; b) Direct City Manager & staff to change the area on the Future Land Use Map in the Plan from Single-family residential to High-density residential; and c) Approve the applicant s rezoning request (Consider TCP Condition #1) Amend the Future Land Use Map within the 2008 Comprehensive Plan from Single-family residential to High-density residential and state reasons / changes as mentioned above; b) Direct City Manager & staff to change the area on the Future Land Use Map in the Plan from Single-family residential to High-density residential; and c) Approve with reasonable design modifications (Consider TCP Condition #1) Table for additional information or requested modification Deny with Prejudice [applicant cannot resubmit an application for 6 months] Deny without Prejudice Mr. Hallman stated he had a question about the arborist mentioned in Condition #1 and who the arborist was and who would pay for it. Mr. Abrigg stated the developer would be responsible for the cost of retaining an arborist. Mr. Don Murphy, applicant, addressed the Commission. He stated he would like to discuss the questions regarding relocating trees. If 400 caliper inches were removed from the site, it would cost around $50,000 in tree fund payments. The cost for relocating those trees is more than the cost to remove them. A lot of changes and details have been requested. Mr. Murphy stated he has worked to provide everything requested at each step, including the Traffic Impact Analysis. Mr. Murphy presented an appraisal report circa 2012 to the Commission. He stated he had also added another 40 parking spaces since the last meeting. Dr. Hedges asked what the adjoining uses were. Mr. Murphy stated to the east was commercial and to the west was multi-family townhomes. 9

10 Mr. Rodriquez asked if a Final Plat had been submitted yet. Mr. Abrigg stated it had not. Ms. Mary Ella Riley, 606 N. Avalon Ct., addressed the Commission. She stated concern for the differences in the possible tenants in an apartment complex development (renters, age, lifestyle) to the residents in her development (property owners, retirees, mostly age 60+). She asked what justification the City had for possibly allowing a higher density of land use than was shown on the Future Land Use Map. She asked that the Commission deny the request. Mr. Paul Cocanour, 714 N. Avalon Ct., addressed the Commission. He expressed concern for the number of variances being requested by the developer (7), the height of the buildings (50 feet) and the deficiency in parking spaces. He stated approving these variances would injure the owners of the adjacent properties and would be a hardship for those property owners. Mr. Ted Dickie, 710 N. Avalon Ct., addressed the Commission. He stated a Planned Development District, as defined in the Zoning Ordinance, may be used to permit new or innovative concepts not permitted by other zoning districts. He stated there is nothing innovative about the development. The only purpose is to circumvent the variance process through the Zoning Board of Adjustment. He asked the Commission to deny the request. Mr. Dickie also expressed concern for the lack of parking for both the apartments and for the public park dedication. He stated insufficient parking could introduce public safety hazards with emergency vehicle access and evacuation. Ms. Eve Behan, 1017 W. Avalon Ct., addressed the Commission. She expressed concerns with traffic and drainage. She also stated that due to the transient nature of residents in apartment complexes there would be an increased risk of crime, trespassing and general mischief and that Stonegate owner s insurance premiums will increase due to the proposed apartment complex. Another financial concern was related to the decline in her property values due to the apartment complex development. Ms. Faye Landham, 707 N. Avalon Ct., addressed the Commission. She stated the developer should not be allowed to transplant trees as large as the ones on his property. She quoted sections of the Zoning Ordinance as saying the maximum size allowed for transplanting was 6 inches. Additionally, the height of the buildings was excessive at 50 feet. She stated the Stonegate owners still have issue with the location of the dumpsters and collection noises. She asked that the Commission deny the request. Chairman Daniels asked if there was any proof of the belief that there would be a decrease in the property values of adjacent homes. Mr. Cocanour stated if the Commission would like proof, the Stonegate owners would be willing to commission 10

11 appraisals. Additionally, multiple real estate professionals serve on the Planning & Zoning Commission, they can answer as to if, in their experience, apartment buildings increase surrounding property values. Ms. Kay asked when the Traffic Impact Analysis had been done. Mr. Abrigg stated it was a new analysis that had been completed within the last month. Ms. Kay stated the 2008 Comprehensive Plan was out of line for the property. Dr. Hedges stated he agreed. Mr. Kay stated low density residential is not consistent with surrounding development. She asked if there was any crime data on the area. Mr. Abrigg stated he did not have any information on crime in the area. Mr. Rodriquez asked Mr. Murphy to clarify the number and type of units. Mr. Murphy stated there would be 68 1 bedroom units and 60 2 bedroom units. Mr. Rodriquez asked for clarification on the number of parking spaces being provided. Mr. Abrigg stated 288 spaces were being provided, 24 of which were tandem spaces, leaving a total of 264 conforming parking spaces. Ms. Briscoe made a motion to deny the change of zoning request as presented with prejudice. Conversation ensued regarding whether to deny the request with prejudice or without. Mr. Ellis suggested denial without prejudice. Ms. Briscoe amended her motion to deny the request without prejudice. Mr. Ellis seconded the motion and the vote was 4 ayes (Briscoe, Ellis, Hallman) and 3 nays (Kay, Hooks, Hedges). MOTION CARRIED TO DENY WITHOUT PREJUDICE. D. EXECUTIVE SESSION Consultation with Attorney. The Planning and Zoning Commission may convene in executive session to conduct a private consultation with its attorney on any legally posted agenda item, when the Planning and Zoning Commission seeks the advice of its attorney about pending or contemplated litigation, a settlement offer, or on a matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with the provisions of Chapter 551. E. ADJOURNMENT With there being no further business, Chairman Daniels adjourned the hearing at 7:30 p.m. 11