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2011_01.20 PZ Minutes0 .µ loss MINUTES PLANNING & ZONING COMMISSION JANUARY 20, 2011 WORK SESSION - 6:00 PM REGULAR MEETING — 7:00 P.M. CALL TO ORDER Chairman Hunn called the meeting to order at 6:03 P.M. ROLL CALL Ms. Roberts called roll. Commission members present: David Hunn (chair); Ernest Harvey (vice- chair); Ray Cowan, Frank Fernandez, Charles Overstreet, Billy Simpson Commission members absent: Lori Bryan; Jason Galloway (alternate), Thomas Pirtle (alternate) Staff members present: James Cowey (director of development services); Rachel Roberts (planner) WORK SESSION A. Comprehensive Land Use Plan Update Ms. Roberts told the Commission that the city council had appointed members to the comprehensive plan advisory committee during its January meeting. B. Discussion on ambiguity in outside storage, outdoor display regulations The Commission discussed this issue and how best to resolve the problem. The Comission talked about perhaps requiring items on display to be located within a certain distance of the front door, or requiring a permit for outdoor displays. Mr. Fernandez said he would like to see no outside display, and Mr. Hunn asked the other Commission members for their thoughts. Mr. Overstreet asked who was most affected, and Mr. Fernandez said the feed store, tire shops, car dealers, Dollar General, and Surplus Warehouse. Ms. Roberts said she was concerned about restrictions affecting TownCenter. The Commission discussed how much prohibiting outside display might affect businesses? Mr. Simpson asked if it was better to have businesses with outside display or empty buildings. Mr. Hunn asked Ms. Roberts to ask local businesses what they think. Mr. Harvey said he could see the value of display, but he wasn't sure how it turns into the feed store. He said he had concerns about the businesses, and Mr. Overstreet also said he was concerned about businesses. He said all feed stores look like that, it's common. Mr. Harvey said it's key to that kind of business to put things outside. Mr. Overstreet added that the Commission had to weigh the problem they're trying to solve against the affect on businesses. Mr. Harvey asked if the issue is so pervasive that it's negatively affecting the city? Mr. Overstreet suggested looking at the Ridglea Hills part of Camp Bowie Boulevard. Mr. Fernandez mentioned Division Street in Arlington. Mr. Hunn reminded the Commission that they would also need to address the discrepancy in outdoor display /storage regulations in the city code's descriptions for each zoning district. Mr. Harvey asked staff to put together a list of the sections with ambiguity. 1089 Ms. Roberts gave the staff presentation. She said that Mr. Patel's store was a convenience store, and that the city council recently amended the city code to include convenience stores in the schedule of uses. Convenience stores are permitted in C -1 zoning districts only, which makes Mr. Patel's store a non - conforming use. The future land use plan identifies this area as "Commercial," and rezoning would therefore not conflict with the comprehensive plan. Properties north /west of Mr. Patel's are generally zoned C -2, and property south /east are generally zoned C- 1. There are two other properties next to his zoned C -2, but the rest of the property on his block are zoned C -1. Staff recommends approval of the rezoning request. B. Applicant Presentation Mr. Patel told the Commission he was there to answer questions and also gave a brief history of zoning on the property. He said that in 1995, the city adopted the overlay ordinance, and the definitions didn't conform to any existing businesses. He said he had to go to the Board of Adjustment to get a special exception every few years to operate his [existing] service station [convenience store] in a C -1 zoning district until he was granted a request for rezoning to C -2. Now that convenience stores are permitted in C -1 zoning district, he is requesting his property to be rezoned C -1. C. Public Hearing No one registered to speak. D. Applicant Response None was needed, as there had been no comments during the public hearing to which to respond. E. Staff Response and Summary Ms. Roberts recommended approval. Mr. Overstreet made a motion to approve case PZ 11 -01, and Mr. Simpson seconded the motion. All members voted in favor. IV MINUTES Approval of minutes from the November and December 2010 Planning & Zoning Commission meetings Mr. Overstreet motioned to approve the minutes from the November and December meetings, and Mr. Fernandez seconded the motion. The motion carried with all members voting in favor. V STAFF REPORTS (A) Staff reports on city projects Ms. Roberts invited the Commisison members to attend the upcoming Texas Independence Day Parade on March 5 and said that Bob Hart would be riding his new high -wheel bicycle in the parade.