MINUTES PLANNING AND ZONING COMMISSION REGULAR SESSION NOVEMBER 21, 2016 The Planning and Zoning Commission of the City of Granbury convened in regular session on Monday, November 21, 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 6252-17 V.A.T.C.S., with the following members present: Lee Daniels * Chairman Reda Kay * Vice-Chair Cathey Briscoe * Member Tony Hedges * Member Shirley Hooks * Member Eddie Rodriquez * Member Also present were: 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 October 24, 2016 Mr. Rodriguez made a motion to approve the minutes of October 24, 2016 as presented. Ms. Briscoe seconded the motion and the vote was unanimous to approve. MOTION CARRIED TO C. PUBLIC HEARINGS TCP-2016-04, Request of Liberty G & C Land, Inc. to submit a Tree Conservation Plan (TCP) to allow for the removal and mitigation of protected trees in conformance with Article 13 of the Zoning Ordinance. The property is located on Water s Edge Dr., north of Cliff Swallow Dr. PL-2016-36, Request of Liberty G & C Land, Inc. to Preliminary Plat a 25.28 acre tract of the Martin Setzer Survey, Abstract # 502 as Lots 1-64, Block 1; Lots 1-40, Block 2 and Lots 1-10 and Common Areas 1-3 of the Highland Park Addition. The property is located on Water s Edge Dr., north of Cliff Swallow Dr. 1
Mr. Rodriguez made a motion to continue items 1 and 2. Ms. Briscoe seconded the motion and the vote was unanimous to approve. MOTION CARRIED TO SUP-2016-21, Request of Wiley-Martin, LLC for a Specific Use Permit to allow a Mortuary or Funeral Parlor in a Light Commercial zoning district. The property is addressed as 400 E Hwy. 377. PL-2016-33, Request of Wiley-Martin, LLC to Replat Lots 6-12, Block 3 of the Shores Addition as Lot 6R, Block 3 of the Shores Addition. The property is addressed as 400 E Hwy. 377. Chairman Daniels opened the Public Hearing for items SUP-2016-21 and PL-2016-33. Mr. Larry Abrigg addressed the Commission. He stated the applicant has proposed to expand the building currently in use as a Funeral Parlor. The property has been zoned Light Commercial since the 2001 comprehensive city-wide rezoning. There is no current SUP granted for the existing non-conforming use. The Shores was initially subdivided 1971. The funeral home currently sits on a site composed of Lots 6-12 of The Shores Subdivision. The primary building was constructed in 1993, and the entire site was annexed by the City of Granbury in 1997. The funeral home was in operation prior to being annexed by the City in 1997, and is considered to be a legal non-conforming use since there is not a valid Specific Use Permit in place. The proposed expansion of the building is what prompts compliance with the terms of the Zoning Ordinance. Dr. Hedges entered the Public Hearing. Mr. Abrigg stated staff recommends approval of the Specific Use Permit with the following 1. The Specific Use Permit shall be tied to the continual operation of the Funeral Parlor use. 2. Any additional expansion shall prompt a new Site Plan to be approved as a Specific Use Permit and Site Plan Amendment by Planning & Zoning and City Council. Additionally, the City Engineer has reviewed (and recommends approval) of the following variances: 1. Variance is requested to Section 3.1.E to not upgrade Hwy. 377 to an urban-standard street 2. Variance is requested to Section 3.5 to accommodate a double frontage lot on Tahiti Dr. & E. Hwy. 377 (building frontage faces Hwy. 377) 3. Variance is requested to Section 3.6.A.4 to not install required sidewalks 4. Variance is requested to Section 3.9 & 4.5 to not install 8 wastewater lines along 377 and Tahiti. 5. Variance is requested to Section 3.9 & 4.6 to not upsize existing water lines from 6 to 8 standard along Tahiti. Mr. Abrigg stated if the variances are approved by P&Z and City Council, staff recommends conditional denial of the Preliminary Plat as presented by the applicant, with the following 1. A Facilities Improvement Agreement needs to be executed by and between the City and the property owner for the installation of one (1) fire hydrant; and 2. The fire hydrant will be installed, inspected, and accepted by the City prior to the replat being filed for record with the Hood County Clerk s office and prior to any building permit being issued for the construction on Lot 6R. 2
Chairman Daniels closed the Public Hearing for items SUP-2016-21 and PL-2016-33. Ms. Kay made a motion to approve the variances and conditionally deny the plat with the following 1. A Facilities Improvement Agreement needs to be executed by and between the City and the property owner for the installation of one (1) fire hydrant; and 2. The fire hydrant will be installed, inspected, and accepted by the City prior to the replat being filed for record with the Hood County Clerk s office and prior to any building permit being issued for the construction on Lot 6R. Ms. Hooks seconded the motion and the vote was unanimous to approve. MOTION CARRIED TO Mr. Rodriguez made a motion to approve the Specific Use Permit with the following 1. The Specific Use Permit shall be tied to the continual operation of the Funeral Parlor use. 2. Any additional expansion shall prompt a new Site Plan to be approved as a Specific Use Permit and Site Plan Amendment by Planning & Zoning and City Council. Dr. Hedges seconded the motion and the vote was unanimous to approve. MOTION CARRIED TO PL-2016-28, Request of Dixie Marks, Sherry Vandever and Darla Hill to Replat Lots 1-2, Block 1 of the Green Meadows Addition as Lot 1R, Block 1 of the Green Meadows Addition and vacate a portion of Mabery Rd. right-of-way. The property is located on the east side of Green Meadows Rd., north of Walnut Creek Dr. Mr. Larry Abrigg addressed the Commission. He stated the applicants request to replat the property in order to sell it. The current owners are restricting the future development to one single family house. A signed note is on the replat describing the single family restriction. The lot is undeveloped with the exception of one barn/out building. The property is located on the east side of Green Meadows Road, north of Walnut Creek Drive. Most of the property is out of the City. A small portion at the southern tip is zoned Interim Holding and was annexed in 2007. Mr. Abrigg stated the City Engineer recommends approval of the following variances as presented by the applicant: Variance is requested to Section 3.9 & 4.5 to not connect sewer service to an existing AMUD low pressure system and to allow installation of an OSSF. Variance is requested to Section 3.1.E to not improve Green Meadows Rd. to urban standards. Variance is requested to Section 4.8 to not install street lights Variance is requested to Section 3.6.A.4 to not provide sidewalks on Green Meadows Rd. along portion of property within the city limits. Mr. Abrigg stated, if the variances are approved by P&Z and City Council, city staff recommends approval of the replat as presented by the applicant. 3
Mr. Vernon Drake addressed the Commission. He stated he hopes to be the purchaser of the property and intends to build his home on it. Mr. Rodriguez made a motion to approve the plat and associated variances as presented. Ms. Briscoe seconded the motion and the vote was unanimous to approve. MOTION CARRIED TO PL-2016-21, Request of Harbor Lakes Development to Final Plat a 14.073 acre tract of the Martin Setzer Survey, Abstract # 502 as Lots 1-29, Block 1, Lots 1-10, Block 2, Lots 1-10, Block 3 and Common Areas A & B of the Harbor Lakes, Section 13 Addition. The property is located north of Clubhouse Dr. Mr. Larry Abrigg addressed the Commission. He stated the Preliminary Plat for Harbor Lakes Section 13 was approved on August 12, 2015. The following variance is requested by the developer in conjunction with the plat application: Variance to Section 3.3 to provide a 10-foot utility easement instead of a 15-foot utility easement between two lots. The easement is being utilized for an electrical feeder line provided by the City. The City Electric Department has approved the 10 foot easement. Mr. Abrigg stated the entrance and exit area for this gated street has been reviewed by the City Engineer and the Fire Inspector. Additionally, Section 13 is exempt from providing park or open space. The subdivision began before the park/open space provisions became a part of Granbury s subdivision ordinance. The density of the development remains the same as what was originally approved. The City Engineer recommends approval of the following variance as presented by the applicant: Variance to Section 3.3 to provide a 10-foot utility easement instead of a 15-foot utility easement between two lots. Mr. Abrigg stated if the variance is approved by P&Z and City Council, city staff recommends approval of the Final Plat as presented by the applicant. Ms. Kay made a motion to approve the Plat and associated variance as presented. Ms. Briscoe seconded the motion and the vote was unanimous to approve. MOTION CARRIED TO SUP-2016-19, Request of Stewart Asimus for a Specific Use Permit to allow for a 4-guest suite, hosted, Bed and Breakfast in a Single Family Residential-12,000 (R-12) zoning district on Lots 17-18, Block 2 of the Lakecrest Manor Subdivision. The property is addressed as 1517 Lakeview Ct. 4
Mr. Larry Abrigg addressed the Commission. He stated the applicant has requested a Specific Use Permit to allow a 4-guest suite, hosted Bed and Breakfast. The site of the request has a large single family home, with lake lake view, ample parking space and tennis courts. It is located on a cul-de-sac and is addressed as 1517 Lakeview Court. The property is zoned Residential- 12,000. Mr. Abrigg stated staff recommends conditional approval of the Specific Use Permit with the following 1. Parking shall be installed and inspected prior to any Bed/Breakfast activity on the site; and; 2. Supplemental Standards 1 & 17 from Section 4.2 of the Zoning Ordinance including wired smoke alarms and all other listed requirements shall apply to this Bed/Breakfast and shall be confirmed prior to any B/B activity; and; 3. The Specific Use Permit shall automatically expire 1 year from City Council approval, and; 4. Only 4 bedrooms of the residence will be used for overnight guests per the Zoning Ordinance requirements. Mr. Stewart Asimus, property owner, addressed the Commission. He stated the property is surrounded by a stone wall. There should be very little disruption to the neighborhood and no street parking would be allowed for guests to the property. Mr. Andrew Shedlosky, 1512 Lakeview Ct., addressed the Commission. He stated he had no personal objection to the proposal, but did know 3 of his neighbors had objected to it. Ms. Cathy Casey, 2015 W. Doyle St., addressed the Commission. She stated she wanted to offer her support of the project. She thought the location would be great for a Bed and Breakfast and offered privacy for the guests and additional amenities. Dr. Hedges made a motion to conditionally approval of the Specific Use Permit with the following 1. Parking shall be installed and inspected prior to any Bed/Breakfast activity on the site; and; 2. Supplemental Standards 1 & 17 from Section 4.2 of the Zoning Ordinance including wired smoke alarms and all other listed requirements shall apply to this Bed/Breakfast and shall be confirmed prior to any B/B activity; and; 3. The Specific Use Permit shall automatically expire 1 year from City Council approval, and; 4. Only 4 bedrooms of the residence will be used for overnight guests per the Zoning Ordinance requirements. Ms. Hooks seconded the motion and the vote was unanimous to approve. MOTION CARRIED TO SUP-2016-20, Request of Jeremy Clark of Go Green Oil Change Center for a Specific Use Permit to allow for the operation of an Auto Repair, Minor business in a Light Commercial zoning district on Tract 3, Block 3 of the Southtown Plaza Addition. The property is addressed as 1423 N Plaza Dr. 5
Mr. Larry Abrigg addressed the Commission. He stated the subject property is located at 1423 North Plaza Drive and is zoned Light Commercial. The applicant has requested a Specific Use Permit to allow a Minor Auto Repair/Oil Change Center business. The structure on the site was built in 1977. Mr. Abrigg stated staff recommends approval of the Specific Use Permit with the following 1. The Specific Use Permit shall automatically expire 1 year from City Council approval, and; 2. A site plan will be required with Specific Use Permits in accordance with Section 11.1, SUP or "S"- Specific Use Permits. 3. All outdoor lighting, including parking lot lighting, shall be directed away from any property zoned or developed for residential uses. 4. Shall not be used for the storage of wrecked vehicles or the dismantling of vehicles or the storage of vehicle parts. 5. All vehicles being stored for repair shall be screened from all public rights-of-way. Ms. Hooks made a motion to approve the Specific Use Permit as presented with the following 1. The Specific Use Permit shall automatically expire 1 year from City Council approval, and; 2. A site plan will be required with Specific Use Permits in accordance with Section 11.1, SUP or "S"- Specific Use Permits. 3. All outdoor lighting, including parking lot lighting, shall be directed away from any property zoned or developed for residential uses. 4. Shall not be used for the storage of wrecked vehicles or the dismantling of vehicles or the storage of vehicle parts. 5. All vehicles being stored for repair shall be screened from all public rights-of-way. Ms. Kay seconded the motion and the vote was unanimous to approve. MOTION CARRIED TO PL-2016-35, Request of Dewayne and Lois Stembridge to Preliminary Plat a 13.964 acre tract of the Milam County School Land Survey, Abstract # 348 as Lots 1-2, Block 1 of the Stembridge South Addition. The property is located southwest of the intersection of Loop 567 and Porter Ct. Mr. Larry Abrigg addressed the Commission. He stated the subject property is located southwest of the intersection of Loop 567 and Porter Court. The Preliminary Plat includes 2 lots. Lot 1 includes a residence. The owner wishes to subsequently Final Plat Lot 1 to allow it to be sold. If the Preliminary Plat is approved it will automatically be annexed and zoned IH as per the development agreement signed and approved during annexation. Mr. Abrigg stated the following variances have been requested by the developer in conjunction with the Preliminary Plat application: Variance is requested to Section 4.7 to not provide fire hydrants. 6
Variance is requested to Sections 3.9 and 4.6 to not install water lines. Variance is requested to Sections 3.9 and 4.5 to not install sewer lines. Variance is requested to Section 4.8 to not provide street lights. Variance is requested to Section 3.6.A.4 to not provide sidewalks. Mr. Abrigg stated the City Engineer recommends approval of the variances as presented. Additionally, staff recommends approval of the Preliminary Plat. Dr. Hedges made a motion to approve the Preliminary Plat and associated variances as presented. Mr. Rodriguez seconded the motion and the vote was unanimous to approve. MOTION CARRIED TO O-2016-02, Request of the City of Granbury to amend Ordinance # 01-819 as amended, the City of Granbury Zoning Ordinance, to add a new land use classification called Banquet Hall Private in select zoning districts. To accommodate this new land use classification, amendments are proposed to Article 4.1.A. Permitted Uses, Section 11.2 Off-Street Parking & Loading Requirements and Article 12 Definitions. Mr. Larry Abrigg addressed the Commission. He stated Article 4 outlines the different types of land uses permitted within the incorporated boundaries of the City. If a proposed land use is not explicitly permitted, then it is prohibited. On occasions when new uses arise that were not considered at the time the Zoning Ordinance was adopted, then an amendment can be requested for potential inclusion and eventual adoption as a part of the Zoning Ordinance by City Council. An individual has recently approached the City regarding an unclassified use that is not currently defined in Article 4. An amendment to the Ordinance is being proposed to accommodate a new land use for Private Banquet Halls that would be able to host events such as weddings, anniversaries, receptions, family reunions, and other similar gatherings. The current proposal to amend the Zoning Ordinance includes proposed revisions to the following sections: Section 4.1.A Uses Permitted by District Section 11.2.D Parking Table Section 12.3.A Permitted Uses Definitions Mr. Abrigg stated staff suggests the use be permitted by right in Industrial zoned districts, and permitted in conjunction with a valid Specific-Use Permit in both Light Commercial and Heavy Commercial zoned districts. Two proposed supplemental standards are also included: 1. A detailed site plan, in accordance with Section 11.11.D will be required as a part of the application. 8. All outdoor lighting, including parking lot lighting, shall be directed away from any property zoned or developed for residential uses. 7
Ms. Kay made a motion to approve the Ordinance amendment as presented. Ms. Hooks seconded the motion and the vote was unanimous to approve. MOTION CARRIED TO D. EXECUTIVE SESSION 1. 551.071. 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 6:37 p.m. 8