03.19.1992 PZ MinutesPage 372
MINUTES OF
PLANNING & ZONING COMMISSION
PUBLIC HEARING - MARCH 19, 1992
COMMUNITY CENTER - 7:30 PM
Vice Cbeirperson Roger Hurlbut called the public hearing to order
at 7:35 PM.
Members present were Jauua 8rimer^ Cliff Hallmark, er Hurlbut
and Joe Mouiz, Members absent were Glynn Cavasos, 8ill Cromer,
Meliuda •Esoo and Mary Salinas.
Staff in attendance were Ted Rowe and Kathy Turuer,
PUBLIC HEARING NO. 1 - To receive comments regarding a Beplat of
Lot 21 and 22, Block 3, Hillside Addition
to Lot 21R, Block 3, Hillside Addition,
requested by Mr. John O'Brien and Triad
Development.
Mr, Jon O'Brien was present and stated that the main reason for the
replat was to combine the two lots into one so he could add a three
car attached garage to his existing reoideuoe.
Mrs. Brimer questioned if there was fill dirt existing at the rear
of the lot? Mr. O'Brien replied that there wao. Mrs. 8rimer then
stated that the lot would be hard to build upon for another
residence.
Mr. Cooper tated that Mr. O'Brien had a site plan and a
preliminary plan showing the addition. It would be placed at the
front of the property and shouldn't encounter any problems,
Mr. Rowe questioned the T.U. Easement between Lots 21 and 22. Mr.
Cooper replied that he had spoken with Jake Brooks with T.U.
Electric and that they had come to an agreement to abandon the
easement to the end of the guidewire at the rear of the property.
Mr. Hurlbut questioned the comments from Cheatham & Associates
letter dated March 13, 1992. Mr, Cooper replied that all comments
would be met prior to the City Council meeting.
No one else wished to speak for or against the replat.
PUBLIC HEARING 0O.2 - To receive comments regarding changes to
the Zoning Ordinance, City Code, Chapter 13,
Subchapter B.
Mr. Rowe briefed that .the P&Z went through the chan ges in detail in
their February meeting. Mr. Rowe also stated that these are
Page 373
changes that pertain to the zoning ordinance under our present
codes and require a public hearing and recommendation by the
Planning and Zoning Commission and action by the City Council.
Most of the changes are cosmetic, and there are a few that are more
substantial.
Mr. Hurlbut cited the change to the eudieuoe.
No one spoke for or again the changes.
There being no further comments, Mr. Toe Monir made a motion to
adjourn the public hearing at 7:55 PM. Second by Mrs. Jauoa
Eimer. Motion carried.
PPROVED:
ATTEST:
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Page 374
MINUTES OF
PLANNING & ZONING COMMISSION
REGULAR MEETING - MARCH 19, 1992
COMMUNITY CENTER
Vice Chairperson Roger Hurlbut called the meeting to order at 8:00
PM
Members present were Jenne 8rimer^ Cliff Hallmark, Roger Hurlbut,
and Joe Mouiz. Members absent were Glynn Cavosno' Bill Cromer,
Melinda Bono/ and Mary Salinas.
Staff in attendance were Ted Rowe and Kathy Turner.
ITEM 0O.1 - Approval of Minutes dated February 20, 1992.
Mr. Joe Mou±z made a motion to approve the February 20, 1992
minutes contingent upon correction of Page 370, second paragraph -
item no. 6) Change 15" inches to 15' foot. Second by Cliff
Hallmark. Motion carried.
ITEM NO. 2 - Action on Public Hearing No. 1,
Mr, Hurlbut questioned if the O'Brien's owned both lots. Mr Cooper
replied no, that Triad Development owns Lot 22. Mr. Hurlbut
suggested making it clear on the final plat as to which lot Tried
Development owns and which lot the 0 '8rieu^s own, and to have two
each
blocks on the plat with the legal description � to �auu
•
o�.
Mrs. 8rimer inquired about the deed restrictions in that area? Mr.
Coo er replied that there would be no conflict with any of the deed
res tr otious.
Motion was mode by Mrs. Jauua Brimer to accept the Replat of Lots
21 and 22, Block 3, Hillside Addition to Lot 21B, Block 3 Hillside
Addition and to forward a recommendation of approval to City
Council contingent upon Cheatham and Associates March 13, 1992
letter, (1) surveyor prepare the field notes and dedioiotiou on a
separate page for each owner/lot and they must go with this plat
to be filed, (2) addition name and where recorded needs to be shown
on the plan and in the title of the plat (Hillside, Volume 388-174,
Page 97 of P.B,7.C.7.), (3) title should read a plat of 21-R, Block
3 being a replet of Lots 21 and 22, Block 3, and (4) surveyors
certification and seal to the plat, and reference as to Who owns
Lot 21 and 22 with appropriate signature blocks for each. Second
by Joe Mouiz. Motion carried.
ITEM NO„3_ - Action on Public Hearing No, 2,
Mr. Joe Mouiz mode the motion to forward a recommendation for
approval to the City Council on the following zoning changes in
Chapter 17:
LOCATION
17-402
17-402
17-402
CHANGE
Corrected definition of family.
Added restrictions to hobby useo.
Changed definition of mobile home parb.
Page 375
17-402 Corrected figure 2 to show authorized rear and •ide
yards,
17-448 Deleted old non-conforming building provision, added
amortization, and deleted accessory uses.
17-476 Added residency requirement for BOA members
17-52I increased lot size to one acre for septic tanks.
17-525 Included motion picture theater in wE" District.
17-525 Changed storage garages to be for self propelled
'
vehicles.
17-527 Change front yard requirement from none to 25 feet
in ^[" District.
17-528 Changed dwelling requirements to same as "A« District
17-528 Changed rear yard from none to same as "F" District
17-528 Changed side yard from "F" to "D« District size ^
17-529 Changed uses to allow "G-1" instead of "F" District •
17-529 Changed 8 story building maximum height to 3 atrie'
because of limited fire capability.
- �
17-529 Changed rear yard abutting dwelling district from
10^ to 30'.
17-G7I Changed visibility triangle requirement to apply to
all zoning districts.
17-672 Delete "edge" in third line (fence height in front
yard),
I7-673 Added placement of accessory buildings.
Motion was seconded by Mrs. Jaoua Brimer, Motion carried.
ITEM NO. 4 - Presentation by Governmental Service Agency, Inc. to
Support Rewrite of Zoning and Subdivision Ordinances
and Action as Required.
Mr' Kirk Franklin representing Governmental Service Agency, Inc.
was present to answer questions regarding the proposal.
Mr' Rowe pointed out on Page 2 of the proposal that GSA has
included in their bid price to allow for re-write of the
Sub-division ordinance.
Mr. Hurlbut had some concern over the time period of completion
within six months. Be asked what would happen if the P&Z wanted to
speed that up Or take more time to review it. Mr. Hurlbut is not
sure what the term entire project is encompassing. Mr. Franklin
replied that the Zoning Ordinance would be prepared and reedy for
adoption in six months, and also stated that this is not set in
stone, that time limit is based on the leg work involve• including
site checks and preparation, they feel they can have it oompleted
within six months.
Mr. Hurlbut questioned the term "mutual agreement." He wanted the
term clarified as to whom the mutual agreement is with. Mr.
Franklin replied that the term means that they will bring the
correspondence before the P&Z and make sure that is what P&Z agrees
upon with GSA to make sure • everything is beaded in the right
direction. Mr. Hurlbut suggested taking the mutual agreement out
of the contract and correcting it to say "GSA will draft a proposal
In line with recommendations it receive from P&Z and City Council,
and that final stage be approved by City Attorney." Mr. Hurlbut
also suggested that Chapter 17, Artiolee V and VI needs to be
identified in the contract as to what is being revised in the
ordinance.
Mr. Hurlbut felt that the indemnification article wasn't
necessary. Mr. Franklin replied the concern Wa2 for the protection
on their part and that GSA couldn't be responsible for anything
that happened to the city regarding the zoning situations. Mrs.
Brimer asked if GSA had a standard errors and omissions type of
Page 376
insurance. r. Franklin was not aware if they had that or not,
Mr. Franklin stated that the ordinance had to have the Cit�
Attorney and City Council's final approval before adoption and tha
they only write *bat the city wants in the ordinance therefore they
could not be held liable.
Mr. Hurlbut stated he had some suggestions on language
interpretation that he would like to get together with Mr,
Franklin, ity Council, City Attorney and Mr. Rowe before
presenting to the City Council, but overall did not have a problem
with the presentation.
Mrs. Brimer had some questions about the process of interviewing
the citizens. r. Franklin replied that it could be a public
meeting if that's what the P&Z wanted or in general they talk to
city council members, citizens, chamber of commerce memb a to
receive ideas for the plan, and it is usually done privately.
Mr. Hurlbut inquired what would be the first step P&Z would see in
the proposal after City Council gives a go ahead? Mr. Franklin
replied that it would be be leg work, driving the city, talking
with people taking a - - '
look at the present zoning ordinances - in
an information gathering process and from there present this back
to P&Z and make clear what the city has at that point, GSA will
make their start from and build from that point.
Mr. Hurlbut had some concern with the following items:
1. Time period of six months being deleted and appropriately
changed.
�.
Agreement that it will be put in the same code format and
section numbering that we have presently.
3. Change the language of mutual agreement usage to reflect
that there is not an agreement at ell, that GSA, Inc. will
incorporate suggestions and present back to P&Z and change
accordingly.
4. Condition that City Attorney review .
5. -
Syeoi�icaly reference Cbav_er 17, Article V and VI as being
the project area GSA is going to address^ d o not think it is
G. Problem with Indemnification provision - u
necessary.
7. Confirm what kind of E & 0 Insurance Policy GSA has.
8. - GSA should make best land use suggestions, eg., "in this area
of town this will best fit here."
Mrs. aoue Brimer moved to accept the general conditions that GSA
Inc. ^ be utilized for the purpose of doing a review and proposed
re-write of the city's ordinance and sub-division ordinance and the
terms of the specific agreement would incorporate the suggestions
noted above and subject to the final approval of city council and
city attorney for the final terms. Second by Joe Mouis, Motion
carried.
ITEM NO
- Action on Recommendation to Approve Adoption of
Building, Electrical, Plumbing, Mechanical and
Fire Codes.
Mr. Rowe presented 1991 code books to the P&Z and briefed them on
'
the changes recommended from d d � North Central Texas Council of
Governments.
Mr. Joe Moniz motioned to forward a recommendation to City Council
for adoption of the 1991 Building, Mechanical, Plumbing, Fire Code
and the 1990 National Electrical Code with a specific look at the
i l amendments, Section 503d Fire Rating for Occupancy
regeooa '
ra� exception with the eytiou of (1) 3 hour occupancy fire wall,
and (3) > obonge that is less restrictive than present code to
conform with apparently what COG has determined to be the
historical practice in this reQioo. Second by Mrs. Janna Br1mer.
Motion carried.
Page 377
ITEM NO. 5 - General Discussion.
P&Z scheduled a workshop for April 2, 1992 to discuss chan s to
the sub-division zoning ordinances "A", "B", "C", "D", and "G".
There being no further discussion, Mrs. janna Brimer motioned to
adjourn the meeting at 9:20 PM- Second by Mr. Joe Moniz. Motion
carried.
ATTEST:
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