CITY COUNCIL COUNTY OF HOOD

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1 STATE OF TEXAS * CITY COUNCIL COUNTY OF HOOD * REGULAR MEETING CITY OF GRANBURY * APRIL 3, 2007 The City Council of the City of Granbury, Texas, convened on April 3, 2007, at 6:00 p.m. at the City Hall Council Chambers, 116 West Bridge Street, Granbury, Texas. Notice of said meeting giving date, place, and subject thereof having been posted as prescribed by Article V.A.T.V.S., with the following members: David Southern * Mayor, Place 1 Jake Caraway * Councilperson, Place 2 Jeanell Morris * Councilperson, Place 3 Lisa Johnson * Mayor Pro Tem, Councilperson, Place 4 Laurel Pirkle * Councilperson, Place 5 Mickey Parson * Councilperson, Place 6 AND Harold Sandel * City Manager Dee Arcos * City Secretary 5:30 p.m. Council/Staff pre-meeting. Staff briefed Council regarding items posted on the agenda. 6:00 P.M. MAYOR CALLED THE REGULAR MEETING TO ORDER. Mayor read a proclamation designating April, 2007, Alcohol Abuse Awareness Month. Chief of Police Mitch Galvan presented the Police Officer of the Year Award to Rodney Casey, Community Services Sergeant with the Granbury Police Department. Julia Pannell, Firefighters Memorial Park Committee Fundraising Chairman and Ron Berryman, Assistant City Manager recognized and presented plaques and certificates of appreciation to numerous individuals and companies who donated their money, time, and or talent towards construction of the Firefighters Memorial Park, among these were, the Jim Burks Family, Art and Jimmie Blevins, Mayor Southern and City Council, City Manager Sandel, Tim Spraggins, Electric Superintendent and his crew, Aaron McLain, Parks Superintendent and his crew, Keith Callahan, Community Services Director and his crew, Charlie McIlvain, CVB Director and his Staff. CONSENT AGENDA Minutes of the regular City Council meeting of March 22, 2007 were approved as presented Consider and approve: Change order to construction contract with Cole Construction for the City Beach Improvements Project. Amend budget to transfer funds from General Fund balance to Account # , Property Improvements, to cover cost of said Change Order. REMOVED FROM AGENDA Consider and approve an agreement with Thomas Hoover Engineering, LLC to provide building footprint for engineer and construction drawings for proposed

2 restroom/concession building for Moore St. Baseball Complex (Association fields) improvements based on hourly rates with a not-to-exceed cost of $15, Request to write-off inactive utility accounts with balances outstanding for one year or more. Councilperson Pirkle made a motion that: Item # under Consent Agenda be removed from the agenda Item # and Item # be approved. Seconded by Councilperson Caraway, the motion carried with 5 ayes and 0 nays. DELIBERATION AGENDA Consider and approve purchase of playground equipment for the Jim Burks Memorial Firefighters Park, from Jim Lea and Associates, based on their buy-board price of $43, Keith Callahan, Community Services Dept. Director commented the cost of the equipment would be covered by donated funds. Councilperson Johnson made a motion the purchase of the playground equipment be approved. Seconded by Councilperson Pirkle, the motion carried with 5 ayes and 0 nays., 6:30 P.M. MAYOR ANNOUNCED COUNCIL WOULD TAKE A 15 MINUTE BREAK. 6:38 P.M. COUNCIL RECONVENED Public hearing regarding a request of Debbie Thompson to Preliminary Plat acres out of the Joshua Minette Survey, Abstract #352, to Lots 1-3, Block 1 of the Kemah Addition (2886 Fall Creek Hwy); and Consider and approve said Preliminary Plat. Mayor opened the hearing and asked for opinions for and against this preliminary plat. Scott Sopchak briefed Council. Lot 1 is currently vacant and under contract and purchaser has availed intent to open a restaurant; Lot 2 will be further development for an RV storage facility. Shirley Hooks Real Estate Office is located on Lot 3. All lots currently access Fall Creek Hwy through a shared approach. All structures are serviced by AMUD s 6 water line and a 4 low pressure sewer line. The property is not zoned as it is located within the City s ETJ. This property is scheduled to be involuntarily annexed into the City within the next 5 months. The following variances are requested by the developer under the plat application in order to support the proposal as presented. Variance to Section Sidewalks to not install public sidewalks along Fall Creek Hwy. Variance to Section 3.9 & 4.5 Wastewater Facilities to not extend an 8 sewer main along the Fall Creek Hwy street frontage. The applicant is requesting to continue utilizing the 4 low pressure sewer main. AMUD has provided documentation stating they have adequate pressure and volume to serve the existing and proposed development. In order to approve the variances, the P & Z and City Council needed to make the following findings as evidence the variance was found valid: Granting the variance would not be detrimental to the public safety, health, or welfare or injurious to other property;

3 Conditions upon which the request for a variance are based were unique to the property for which the variance was sought and not applicable generally to other property; Because of the particular physical surroundings, shape or topographical conditions of the specific property involved, a particular hardship to the owner would result as distinguished from a mere inconvenience, if the strict letter of these regulations were carried out, and; The variance will not, in any manner vary, the provisions of the Zoning Ordinance or Future Land Use Plan, Thoroughfare Plan, and other adopted Plans. This preliminary plat was considered by P & Z on 3/19/07. Both Staff and P & Z recommended approval of the preliminary plat with the variance recommendations as follows; Variance to Section Sidewalks to not install public sidewalks along Fall Creek Hwy. Variance to Section 3.9 & 4.5 Wastewater Facilities to not extend an 8 sewer main along the Fall Creek Hwy street frontage. The applicant is requesting to continue utilizing the 4 low pressure sewer main. AMUD has provided documentation stating they have adequate pressure and volume to serve the existing and proposed development. No comments were offered by persons in the audience, Mayor closed the hearing. Councilperson Parson made a motion the preliminary plat be approved with Staff and P & Z variance recommendations. Seconded by Councilperson Morris, the motion carried with 5 ayes and 0 nays. Mayor commented he would open the public hearing for the following Items #07-082, , and together and asked for comments for and against any or all three of the Rezoning, the SUP and the Final Plat requests of Bryan Shellenberger Public Hearing regarding a request of Bryan Shellenberger to Rezone Acres Out of Milan County School Survey, Abstract #348 from Interim Holding to Heavy Commercial for an office/warehouse (2530 W Hwy 377); and Consider and approve An ordinance providing for said rezoning Public Hearing regarding a request of Bryan Shellenberger for a Specific Use Permit to allow for a HVAC Contractor s shop (2530 W Hwy 377); and Consider and approve an ordinance providing for said SUP. Scott Sopchak, Comm. Dev. Director briefed council. Applicant is requesting to rezone the property to Heavy Commercial and obtain an SUP to allow for office/warehouse use for a HVAC contractor s shop to be constructed on the site. The property has two existing approaches onto Hwy 377. Applicant has agreed to the general condition on the plat that he will extend water and sanitary sewer and tie onto mains once made available by the city. Central water and sanitary sewer lines are currently not available along the US 377 frontage. Water is currently located approximately 3,500 lineal feet to the east, and the nearest sanitary sewer is approximately 4,100 lineal feet to the east. Staff and P & Z at their meeting of 3/19/07 recommended approval of both the rezoning and the SUP request with the condition that all outdoor storage would be contained solely within the structure Public Hearing regarding request of Bryan Shellenberger to Final Plat 2.80 acres out of the Milan County School Survey, Abstract #348 to Lot 1, Block 1 of the Contractor's Suite Addition (2530 W Hwy 377); and Consider and approve said Final Plat.

4 The following variances were being requested by the developer. To Section 3.9 & 4.5, Wastewater Facilities to not extend an 8 sewer main along US 377 through the street frontage of the property. The applicant is proposing to install a septic system; Variance is requested to Section 3.9 & 4.6, Water Facilities to not extend an 8 water main along US 377 through the street frontage of the property. The applicant is proposing to install on on-site water well; Variance is requested to Section Sidewalks to not install public sidewalks along the public street frontages; Staff and P & Z at their meeting of 3/19/07 recommended the following: Approval of variance to Section 3.9 & 4.5, Wastewater Facilities to not extend an 8 sewer main along US 377 through the street frontage of the property. Developer would be required to place the following on the plat prior to filing: At such time in the future when wastewater becomes available to the property, the property owner agrees to extend wastewater mains across the front of this property at their sole cost and tie onto the centralized mains. Required distance, design and construction shall be in accordance with adopted policies of the City of Granbury Conditional Denial of variance to Section 3.9 & 4.6, Water Facilities to not extend an 8 water main along US 377 through the street frontage of the property or install the necessary fire hydrants as required by the Public Improvements Policy. The developer would be required to place the following on the plat prior to filing: At such time in the future when water becomes available to the property, the property owner agrees to extend wastewater mains across the front of this property at their sole cost and tie onto the centralized mains. Required distance, design and construction shall be in accordance with adopted policies of the City of Granbury; The condition that the applicant would be required to obtain an approved well certification/permit from the City Engineer prior to filing of the plat for record. The well certification/permit would be obtained within three (3) months of Council action. In the event the appropriate documentation were not obtained from the City, the plat application would become null and void. A 100 radius sanitary easement will be dedicated surrounding the well site. Approval of variance to Section Sidewalks to not install public sidewalks along the public street frontages. No comments were offered by persons in the audience. Mayor closed the hearing. Councilperson Johnson made a motion as follows: Pass and approve the ordinance providing for rezoning to HC for 2530 W. Hwy 377. Pass and approve the ordinance providing for SUP for operation of an HVAC Contractors Shop with conditions recommended by Staff and P & Z. Approve Mr. Shellenberger s final plat request with the variances listed above as recommended by Staff and P & Z and with the condition tied to the variance on the water that the applicant install a dry sprinkler system for fire suppression. Seconded by Councilperson Morris, the motion carried with 5 ayes and 0 nays Public hearing regarding a request of Ken W. Hackett to amend the existing

5 PD/Industrial district for Lots Q-1, Q-2, Q-3, and S of the Granbury Industrial Park to allow for additional uses. The property is located at 5845 & 5851 Acton Circle, 116 & 120 Industrial Avenue and 5830 E Hwy 377; and Consider and approve an ordinance providing for said amendment. Mayor opened the hearing and asked for opinions for and against Mr. Hackett s request. Scott Sopchak, Comm. Dev. Director briefed Council. Mr. Hackett gave his comments to the Council. The developers request to modify the existing Planned Development (PD) Industrial applied to three areas of the zoning ordinance: (1) Prohibitive uses (amending the current listing to strike those which he would like to market); (2) Storage areas; and (3) Storage and parking surfaces. Applicant was now requesting to amend the Planned Development Industrial district to facilitate the construction of new truck maintenance facility. Applicant was prospecting for oil and gas companies, plumbing shops, welding shops and possibly truck parking which would be established behind the structure. 1. A list of the prohibited uses from the established PD is itemized below. Those uses denoted with a strikethrough are those which the applicant wished to re-establish as allowable on-site. They are as follows: a. Mobile Home Display Sales and Service, Trailer Rental, Truck & Bus Rental and Leasing, Truck and Bus Repair and Overhaul, Truck Stop, Heavy Machine Sales and Storage, Tattoo Parlor and Body Piercing Studio, Adult Entertainment Enterprise, Amusement (Video) Arcade, Private Club with Alcohol Sales, Dance Hall, Portable Building Sales, Recycling Plant and Tire Retreading Center. 2. The applicant wished to utilize a wind screen on a cyclone type fence to screen any outside material which would be located behind the existing building. 3. Developer wished to vary the vehicle parking and maneuvering materials requirement found in Section 11.2 Off-Street Parking and Loading Requirements. The developer wished to utilize a base material instead of the approved hard-surface (HMAC, or concrete) as required by ordinance. This consideration would apply to the fenced storage area behind the proposed building only. Additionally, the developer excluded Tract R from this amendment, as it fronts Highway 377. Staff Recommendation was the following: Approval of the PD amendment, with the following conditions: a) Mobile Home Display Sales and Service, Trailer Rental, Truck & Bus Rental and Leasing, Truck and Bus Repair and Overhaul, Truck Stop, Heavy Machine Sales and Storage, Tattoo Parlor and Body Piercing Studio, Adult Entertainment Enterprise, Amusement (Video) Arcade, Private Club with Alcohol Sales, Dance Hall, Portable Building Sales, Recycling Plant and Tire Retreading Center shall be prohibited uses, b) Any outside open storage will be required to be placed behind the existing buildings rather than along the street-front, c) The property owner is permitted to utilize a cyclone fence, with a screen windscreen mesh for outside open-storage located behind the existing buildings. The windscreen mesh will be of similar material and design to that as provided by the applicant, and as shown on Exhibit B, and d) The property owner shall be required to install and maintain a required 6 Grade 1 base material at 95% compaction for parking and maneuvering for the outside openstorage area behind the buildings. At their meeting of 3/19/07, P & Z recommended as follows, changes from Staff recommendation highlighted in yellow.

6 The Planning & Zoning commission recommended approval of the PD amendment with the following revisions: a) Mobile Home Display Sales and Service, Trailer Rental, Truck & Bus Rental and Leasing, Truck and Bus Repair and Overhaul, Truck Stop, Heavy Machine Sales and Storage, Tattoo Parlor and Body Piercing Studio, Adult Entertainment Enterprise, Amusement (Video) Arcade, Private Club with Alcohol Sales, Dance Hall, Portable Building Sales, Recycling Plant and Tire Retreading Center shall be prohibited uses, b) Any outside open storage will be required to be placed behind the existing buildings rather than along the street-front, c) The property owner is permitted to utilize a cyclone fence, with a screen windscreen mesh for outside open-storage located behind the existing buildings on lots Q-2 & Q- 3 only. The windscreen mesh will be of similar material and design to that as provided by the applicant, and as shown on Exhibit B. The open-storage will allow for no more than 5 commercial vehicles on-site, and d) The property owner shall be required to install and maintain a required 6 Grade 1 base material at 95% compaction for parking and maneuvering for the outside openstorage area behind the buildings. No further comments were offered by persons in the audience. Mayor closed the hearing. Councilperson Johnson made a motion Council pass and approve the ordinance providing for amendments to Mr. Hackett s PD/Industrial District and specifically to Lots Q-1, Q-2, Q-3, and Lot S of the Granbury Industrial Park, addressed as: 5845 and 5851 Acton Circle, 116 and 120 Industrial Ave. and 5830 E. Hwy. 377, with the amended recommendations of P & Z and to allow for peak operation of Commercial trucks within the first year with no more than 15 vehicles (1fleet) on-site at any point in time after 12 months. Seconded by Councilperson Morris, the motion carried with 5 ayes and 0 nays. Mayor announced he would open the public hearing and accept comments on both of the following Items # and Item # at the same time Public Hearing regarding a request of Bill Newsome of Granbury MOB, L.P. to Rezone 4.99 acres out of the Jeremiah Campbell Survey, Abstract #122 (601 Fall Creek Highway) from Interim Holding to Business Commercial for a medical office building; and Consider and approve an ordinance providing for said rezoning. Mayor opened the hearing and asked for opinions both for and against this rezoning and preliminary plat requests of Bill Newsome. Scott Sopchak, Community Dev. Director briefed Council. Applicant wished to rezone to Business Commercial for a proposed one story, 15,835 sq. ft. medical/clinical facility to be named Granbury Medical Center. The preliminary site plan is designed to allow for future development on the rear portion of the property. An existing residence on the property has recently been converted to an office building. The structure will be required to meet the recently adopted masonry, roofline and articulation standards approved on March 6 th by City Council. Applicant is proposing to extend an 8 water main from its current location at Hwy 377 through the entire frontage of the lot and tie on. An interior water line loop will be installed to serve the development. Sanitary sewer is located approximately 4,500 lineal feet to the west, and therefore, the applicant is requesting to utilize a septic system to support the development until such time a central sanitary sewer line is available. Additionally, the applicant has agreed to pay the proportionate cost of the sanitary sewer line extension once made available to the site. One approach is proposed off of FM 167. The applicant has requested that no cross access be granted to the property to the south. Due to the length of street frontage for both

7 parcels, the property to the south should be able to obtain an approach permit as it meets TXDOT s approach separation requirements. An internal waterline loop and necessary hydrants will be installed to serve the site. P & Z at their meeting of 3/19/07 and Staff recommended approval of the rezoning Public Hearing regarding a request of Bill Newsome of Granbury MOB, L.P. to Preliminary Plat 4.99 acres out of the Jeremiah Campbell Survey, Abstract #122, to Lot 1, Block 1 of the Granbury Medical Center Addition (601 Fall Creek Highway); and consider and approve said preliminary plat. The following variances were requested by the developer under the plat application. To Section 3.9 & 4.5, Wastewater Facilities The applicant has agreed to extend an 8 sewer main through the street frontage and tie on at the time the main is approximate to the property To Section Sidewalks to not install public sidewalks along Fall Creek Hwy. In order to approve the variances, the P & Z and City Council needed to make findings to support validity of these. Variance would not be detrimental to safety, health, or welfare or injurious to other property; Conditions upon which request for variance was based were unique to property on which the variance is sought and not applicable generally to other property; Because of the particular physical surroundings, shape or topographical conditions of the specific property involved, a particular hardship to the owner would result as distinguished from a mere inconvenience, if the strict letter of the regulations were carried out; and Variance will not, vary, the provisions of the Zoning Ordinance or Future Land Use Plan, Thoroughfare Plan. P & Z at their meeting of 3/19/07 and Staff recommended approval of preliminary plat with the variances. Approval of the variance to 3.9 & 4.5, Wastewater Facilities to not extend an 8 sewer main along FM 167 [see attached memorandum from the City Engineer s office]. The following note shall be placed on the plat prior to filing for record: At such time in the future when wastewater becomes available to the property, the property owner agrees to extend wastewater mains across the front of this property at their sole cost and tie onto the centralized mains. Required distance, design and construction shall be in accordance with adopted policies of the City of Granbury.; Approval of the variance to Section Sidewalks to not install public sidewalks along Fall Creek Hwy. No further comments were offered by persons in the audience. Mayor closed the hearing. Councilperson Pirkle made a motion as follow: Pass and approve the ordinance providing for rezoning to BC for 601 Fall Creek Hwy., and Approve the preliminary plat with the variances recommended by Staff and P & Z and with the stipulation that on the final plat the following language be added before filing at the Courthouse: At such time when FM 167 fronting the property becomes upgraded to an urban standard street (curb & gutter section), the property owner agrees to extend a commercial sidewalk across the front of the property at its sole cost. Required design and construction shall be in accordance with the current policies of the City s at that time. The property owner covenants and agrees

8 that upon the failure of the property owner to extend the commercial sidewalk within six (6) months from the date of completion of FM 167 to an urban standard roadway as required, the City shall be authorized to provide for such extension and to charge the then current property owner for the costs of same and/or to place a lien upon the property to secure said costs. Upon recording of this plat in the real property records of Hood County, this obligation shall be a covenant running with the land. Seconded by Councilperson Parson, the motion carried with 5 ayes and 0 nays. 7:00 p.m. MAYOR ANNOUNCED COUNCIL WOULD TAKE A SHORT BREAK. 7:25 p.m. COUNCIL RECONVENED. Mayor commented he would open the public hearing and ask for opinions for and against both of Item and Item , requests of John Hall Public hearing regarding a request of John Hall to Final Plat 0.88 acres out of the W. G. Terrill Survey, Abstract #562 to Lot 1, Block 1 of the PruSouth Business Center Addition (corner of E Hwy 377 and Daisy Drive); and Consider and approve said Final Plat. Scott Sopchak, Community Dev. Dir. briefed Council. The applicant is requesting to remodel the existing structure and add on for future office uses. The applicant will be adding masonry to the structure. An existing R-Panel structure will be remodeled and improved. The following variances were requested by the developer under the plat application. Variance to Section 3.9 & 4.5, Wastewater Facilities Variance to Section 3.9 & 4.6 Water Facilities Variance to Section Sidewalks Variance to Section 3.1.E (urban street standard requirements) & Section 4.10 (regarding street escrow requirements for developer not improving a non-urban street). In order to approve the aforementioned variances, the P & Z and City Council would need to make findings as evidence that the variances were valid. P & Z at their meeting of 3/19/07 and Staff and P & Z at their meeting of 3/19/07 recommended as follows: Deny variance to Section 3.9 & 4.5, Wastewater Facilities to not extend an 8 sewer main along Daisy Drive street frontage. Deny variance to Section 3.9 & 4.6 Water Facilities to not extend an 8 water main along Daisy Drive street frontage. Conditional Denial of the variance request to Section 3.1.E and 4.10 to not escrow funds to improve ½ of Daisy Dr. to an urban standard The City Engineer has recommended that funds be escrowed or a note placed on the plat stating the following: At such time in the future when the City or adjoining property owner improves Daisy Dr., the owner of subject property agrees to escrow funds to improve one half of the adjoining roadway and sidewalk along the entire length of the property s street frontage. Required distance, design and construction shall be in accordance with adopted policies of the City of Granbury. Conditional Denial of the variance to Section Sidewalks, to not install public sidewalks along Hwy 377 and Daisy Dr. P & Z stated that when Daisy Dr. is improved, funds will be escrowed in conjunction with the street improvements to install sidewalks along Daisy Dr. or the property owner can install sidewalks on his/her own at that time.

9 Conditional Denial of the Final Plat with conditions as recommended by staff regarding variance requests. Also, the developer shall execute a public improvements agreement for the installation of an 8 water and 8 sewer main along the Daisy Dr. Street frontage prior to the filing of the Final Plat. The conditional denial shall be valid for a period not to exceed 3 months from the date of Council action. If in the event the PIA is not executed and supplemental documentation is not provided to the City, the plat application shall become null and void. No further comments were offered by persons in the audience, Mayor closed the hearing. Councilperson Morris made a motion the final plat of 0.88 ac located at corner of E. Hwy. 377 and Daisy Dr. be approved with P & Z and Staff recommendations. Seconded by Councilperson Caraway, the motion carried with 5 ayes and 0 nays Public Hearing regarding a request of John Hall to Final Plat acres out of the S. M. Herron Survey, Abstract #247, to Lot 1, Block 1 of the Stone Hill Business Park Addition (4000 Acton Hwy); and Consider and approve said Final Plat. Scott Sopchak, Community Dev. Director briefed Council. City Engineer requested a Drainage Study prior to processing the plat application. The property has some drainage issues which may affect other, adjoining property owners. Variances were approved to not extend water or sewer mains. The site will continue to operate from an existing well and septic system. Any modification or intensification will require the Hood County Health Department to review the septic permit. The site has access onto Acton Hwy. Staff requested some information regarding the amount of commercial trips generated by the proposed use. The City Engineer did not recommend for any roadway improvements. P & Z at their meeting of 3/19/07 and Staff recommended approval of this final plat with recommendations. No further comments were offered by persons in the audience. Mayor closed the hearing. Councilperson Parson made a motion the final plat of acres, 4000 Acton Hwy. be approved per Staff and P & Z recommendations regarding the variances. Seconded by Councilperson Morris, the motion carried with 5 ayes and 0 nays. Mayor commented he would open the public hearing on the next three items, #07-089, #07-90, #07-91 at the same time and asked for opinions for and against any or all of these requests of David Mills, rezoning, vacating plat and preliminary plat Public Hearing regarding a request of David Mills to Rezone acres out of the John Chenowith Survey, Abstract #118 from R-8.4 Single Family Residential to Interim Holding( west of N Hwy 51, north of Lake Granbury); and Consider and approve an ordinance providing for said rezoning. Scott Sopchak briefed Council regarding Mr. Mills requests. The applicant is requesting to rezone a portion of vacant land from R-8.4 to Interim Holding. The applicant is attempting to sell the property. The potential buyer requested the property be returned to the original zoning district as it was when annexed into the City. The buyer has submitted a preliminary plat in conjunction with this request to plat the property for single family residences. A rezoning request for the new purchaser s first phase of the project will follow once the property has been purchased Public Hearing regarding a request of David Mills for a Vacating Plat to abandon a previously approved Final Plat described as a Lots 19-34, Block 5 and Lots 1-4 &

10 16-19, Block 11 of the Abe s Landing Addition, Phase I. The property is located west of N. Hwy 51, north of Lake Granbury; and Consider and approve said Vacating Plat. The applicant is requesting a Vacating Plat on a portion of land previously approved as the Final Plat of Phase 1 of Abe s Landing. The current property has a contract to sell the property. The owner no longer desires to develop the property and is requesting to vacate the approved Final Plat Public Hearing regarding a request of David Mills to Preliminary Plat a acre Tract out of the John Chenowith Survey, Abstract A-118 to Lots 1-12, Block 1; Lots 1-8, Block 2: Lots 1-20, Block 3, Lots 1-18, Block 4; Lots 1-63, Block 5; Lots 1-28, Block 6; Lots 1-27, Block 7; Lots 1-10, Block 8; Lots 1-82, Block 9; Lots 1-33, Block 10; Lots 1-16, Block 11; Lots 1-8, Block 12; Lots 1-9, Block 13 and Lots 1-2, Block 14 of the Abe s Landing Addition. (property is located west of N Hwy 51, north of Lake Granbury) and Consider and approved said Preliminary Plat. The applicant is requesting to Preliminary Plat the entire portion of the primarily undeveloped and vacant land for future development. The current property owner is in the process of selling the property and the potential buyer is requesting a revised preliminary plat to develop it for single family residences. With the submittal of the revised Preliminary Plat, the applicant is required to request any variances associated with the new site layout. Trace Strevey, Engineer with Baird, Hampton and Brown, representing Mr. Mills commented regarding the variances being requested as follows. To Section 4.12, Park Dedication Policy To Section 3.1.N- Streets To Section 3.4.D- Blocks To Section 3.1.J- Streets To Section 3.1.K- Streets In order to approve variances, P & Z and City Council would need to make findings the variances were found valid. Staff and P & Z at their meeting of 3/19/07 recommended approval of the preliminary plat with the variances: P & Z had reservations regarding mobility serving the development [points of ingress/egress], as well as access and mobility to adjoining properties. Approval of the Variance to 4.12, Park Dedication Policy as the developer has proposed to provide private parks within the development and escrow $10,000 to the main park fund over two phases as he realizes that some his residents may, over time visit the main park/pool area; Approval of the Variance to 3.1.N-Streets to not provide 1 entrance per 50 lots; Approval of the Variance to Section 3.4.D-Blocks to allow for a block length greater than 1,200 ; Approval of the Variance to Section 3.1.J-Streets to allow for a cul-de-sac to be greater in length than 600. The proposed cul-de-sac is approximately 650 long, and; Approval of the Variance to Section 3.1.K-Streets to allow for a dead end street greater than 250. A temporary cul-de-sac will be provided at the termination of the street. The proposed street will be utilized for emergency access only. The subdivision will remain gated and not allow for general cross access to the property to the north. No further comments were heard from persons in the audience. Mayor closed the hearing. Councilperson Johnson made a motion as follows: Approve and pass the ordinance providing for rezoning to IH of above described property.

11 Approve the vacating plat request of Mr. Mills. Approve the preliminary plat with the above listed variances as recommended by Staff and P & Z. Seconded by Councilperson Morris, the motion carried with 5 ayes and 0 nays was considered together with Item Mayor commented he would open the Public Hearing on the following two Items # and Item # at the same time and asked for opinions both for and against these two requests of Phil Hope Public Hearing regarding a request of Phil Hope of Hope Development Partners to Rezone a acre tract of land in the Martin Setzer Survey, Abstract #A-502 from Heavy Commercial to a Planned Development with a base district of Town Homes (211 and 215 Davis Rd.); and Consider and approve an ordinance providing for said rezoning. Scott Sopchak, Community Dev. Director briefed Council. Mr. Hope was requesting to rezone the property to PD/TH to allow for the construction of 15 town home units. He was also requesting variance to the requirements of the base, TH-Town home District. 5 side yards to the adjoining property line instead of the required 15 for single story residential structures, and; 15 Street Side Yards instead of the required 20. A single-family residence currently exists on the property. Applicant plans to provide the development with a dedicated public roadway with the entrance onto Davis Road. All new structures will be required to meet the City s 80% masonry requirement. The developer has stated that he will pay the standard fee-in-lieu of fee in order to meet the parkland dedication requirement. The developer will escrow monies required for construction of sidewalks along Davis road. Staff and P & Z at their meeting of 3/19/07 recommended approval of the rezoning Hearing regarding request of Phil Hope of Hope Development Partners to Preliminary Plat acres out of the Martin Setzer Survey, Abstract #502, to Lots 1 30, Block 1 of the Cobblestone Commons Addition (211 and 215 Davis Rd. And Consider and approve said Preliminary Plat. Variance was requested by the developer as follows: Variance to Section 3.3.A of the Subdivision Ordinance to not provide a 5 utility easement along the side of every lot. The applicant is requesting to not provide a utility easement along the property line running along the common wall of the structure. Staff and P & Z at their meeting of 3/19/07 recommended approval of the preliminary plat with the variance as follows: Variance to Section 3.3.A of the Subdivision Ordinance to not provide a 5 utility easement along the side of every platted lot. The variance would be applicable to those lots shown or denoted with a common wall rather than open-space. No comments were offered by persons in the audience. Mayor closed the hearing. Councilperson Morris made a motion as follows: That the ordinance providing for the rezoning to PD with base district of Town Homes for Mr. Hope s property described above be passed and approved That the preliminary plat of 211 and 215 Davis Rd. be approved with variance as recommended by Staff and P & Z.

12 Seconded by Councilperson Pirkle, the motion carried with 5 ayes and 0 nays Public Hearing regarding a request of Floyd Hendrick to Replat Lots 1, 2 and 6, Block 1 of the Summer Hill Estates Addition to Lots 1R1-1R4, 2R1-2R5 and 6R1-6R4, Block 1 of the Summer Hill Estates Addition (located on Summer Hill Court); and Consider and approve said Replat. Mayor opened the hearing and asked for opinions for and against this replat. Scott Sopchak briefed Council. Applicant was proposing to subdivide the existing lots for future development of 13 individual town home sites. The applicant is proposing to locate property lines along the common walls of the previously approved structures. The property is zoned as a Planned Development to allow for common wall structures. Other lots within the subdivision are built similar to the proposal. The following variance was being requested by the developer under the plat application in order to support the proposal as presented. Variance is requested to Section 3.3.A of the Subdivision Ordinance to not provide a 5 utility easement along the side of every lot. The applicant is requesting to not provide a utility easement along the property line running along the common wall of the structure. Staff and P & Z at their meeting of 3/19/07 recommended approval of the replat with the variance. Council voiced concerns with the fire walls and Mayor suggested this hearing be left open until the next Council meeting for this Item to be considered then. Councilperson Johnson made a motion this item be continued until the next City Council meeting based on concerns with fire wall issues. Seconded by Councilperson Morris, the motion carried with 5 ayes and 0 nays Public Hearing regarding a request of Ingram Enterprises, LP to Final Plat a Acre tract out of the Martin Setzer Survey, Abstract #502 to Lot 1, Block 1 of the Ingram Addition( Acton Hwy. and Tom Cox Rd); and Consider and approve said Final Plat. Mayor opened the hearing and asked for opinions for and against this final plat. Scott Sopchak, Community Dev. Director briefed Council. The applicant was proposing to construct a new office & storage facility for the concrete plant near the rear of the property. They also expressed intent to remove the existing structures located along the northern portion of the property. Under the requirements of the Subdivision Ordinance, a building permit can t be issued on an unplatted (described by metes & bounds) parcel of land. This expansion proposal initiated the platting process as well as the review of existing infrastructure and required public improvements. The concrete batching plant is currently operating on the site. Two drainage detention ponds are located along the western boundary of the property. All truck traffic accesses Acton Hwy through an existing approach. The site is currently operating off of well and septic system. Applicant was requesting a variance to Section 3.1E. Urban street standard requirements. Staff and P &Z at their meeting of 3/19/07 recommended approval of the final plat with the variance as follows: Variance to Section 3.1.E (urban street standard requirements) & Section 4.10 (regarding street escrow requirements for developer not improving a non-urban street and ROW dedication) to not improve Tom Cox Rd. to an urban standard or escrow ½ the funds to improve Tom Cox Rd. The applicant also was requesting a variance to this Section to not dedicate an additional 10 of Right-of-Way along Tom Cox Rd.

13 The City Engineer has been working with the City Attorney regarding proportionality assessments related to roadway improvements. Due to the fact that the applicant would not be impacting Tom Cox Rd. (no access); the City could not request roadway improvements. A note has been placed on the plat stating if in the future, access is requested onto Tom Cox Rd., the property owner would have to pay their proportionate cost to improve the roadway. No comments were offered by persons in the audience. Mayor closed the hearing. Councilperson Johnson made a motion the Ingram s final plat request with the variance be approved per Staff and P & Z recommendation. Seconded by Councilperson Caraway, the motion carried with 5 ayes and 0 nays Public Hearing regarding a request of Gourley & Gourley LLC to Final Plat Acres of land from a portion of Lots 2 & 21 out of the Milam County School Land Survey, Abstract #348, and a portion of the acre tract of land described in deed recorded in Volume 2205, Page 541 to Lot 1, Block 1 of the Flat Rock Addition (northeast corner of Autumn Ridge Dr. and Meadows Dr); and Consider and approve said Final Plat. Mayor opened the hearing and asked for opinions for and against this final plat request. Scott Sopchak briefed Council. Applicant is requesting to final plat in order to create a Lot-of- Record for the proposed Multi-Family use. Property is currently vacant with street frontage along Autumn Ridge Drive and North Meadows Drive. A letter has been obtained by the applicant stating that he realizes that all public dedicated waterline loops and vacation of any blanket gas easements will need to be shown on a subsequent plat (Replat or Amending Plat) application prior to acquisition of a building permit. Staff and P & Z at their meeting of 3/19/07 recommended approval of the final plat. No comments were offered by persons in the audience. Mayor closed the hearing. Councilperson Johnson made a motion Gourley & Gourley s final plat request be approved as presented. Seconded by Councilperson Morris, the motion carried with 5 ayes and 0 nays. 8:00 p.m. EXECUTIVE SESSION Mayor announced Council would retire to meet in closed session Pursuant to SECTION TEXAS GOVERNMENT CODE Consultation with City Attorney pertaining to any matter in which the duty of the City Attorney under the Texas Disciplinary Rules of Professional Conduct may conflict with the Open Meetings Act, including seeking legal advice regarding litigation, settlement offers, and or claims; including the following matters: Re: Frontier Broadband Settlement Agreement Proposed settlement from City of Cresson. and Pursuant to SECTION TEXAS GOVERNMENT CODE Real Property Matters, deliberation regarding the purchase, exchange, lease or sale of real estate Paluxy Hwy. Park Land. 8:25 p.m. RECONVENE IN OPEN SESSION Take action, if any, on items discussed in Executive Session. NO FORMAL ACTION TAKEN There being no further business, the meeting was adjourned at 8:26 p.m. MAYOR DAVID SOUTHERN

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