AGENDA BURLESON PLANNING AND ZONING ... - City of Burleson

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Jan 22, 2015 - Shad Rhoten, Senior Planner. Joni Van Noy, Planner. Michelle McCullough, P.E., CFM, Civil Engineer. Peggy
AGENDA BURLESON PLANNING AND ZONING COMMISSION January 22, 2015 BURLESON CITY HALL 141 W. RENFRO BURLESON, TX 76028

REGULAR SESSION – 6:00 p.m. Call to Order Invocation Pledge of Allegiance 1.

2.

Consent Agenda All items listed below are considered to be routine by the Planning and Zoning Commission and will be enacted with one motion. There will be no separate discussion of the items unless a Commissioner or citizen so requests, in which event the item will be removed from the consent agenda and considered in its normal sequence. Approval of the consent agenda authorizes the Development Services Director to place each item on the City Council agenda in accordance with the Planning and Zoning Commission’s recommendations. A.

Approve the minutes from December 16, 2014 Planning and Zoning Commission meeting.

B.

Approve 2015 Planning and Zoning Commission meeting dates and proposed development calendar

C.

Consideration of a Minor Plat of Lot 1, Block 1, Ustanik Addition, being 1.10 acres of land located off of E. Renfro Street and Ellen Lane in the City of Burleson's ETJ (Case 14-095)

D.

Consideration of a Minor Plat of Lot 3, Block 1, Lone Oak Winery, being 1.419 acres of land located near the intersection of FM 731 and County Road 802 in the City of Burleson's ETJ (Case 14-087)

E.

Consideration of a Preliminary Plat of Lots 1-4, Block 1, McNairn Plaza Addition, being 5.981 acres of land located on SW Wilshire Blvd. (Case 14-093)

F.

Consideration of a Final Plat of Lot 1, Block 1, McNairn Plaza Addition, being 2.817 acres of land located on SW Wilshire Blvd. (Case 14-094)

Public Hearing A. Consideration of a zoning Change request from Agricultural (A) zoning district to Industrial (I) zoning district with a Specific Use Permit (SUP) to

City of Burleson Planning and Zoning Commission January 22, 2015 Page 2 of 3

allow for the use of "contractor office with storage yard" within the I-35 overlay district on 16.244 acres of land located at 3601 S. Burleson Blvd. (Case 14-090) 3.

4.

Other Items for Consideration A. Consideration of a Final Plat of of Lot 1, Block 1, Century 21 Real Estate Addition, being 1.25 acres located at 940 SW Alsbury Blvd. (Case 14-031) B.

Consideration of a Commercial Site Plan for Century 21 located at 940 SW Alsbury Blvd. (Case 14-076)

C.

Staff Report on the Master Mobility Plan.

Community Interest Items This is a standing item on the agenda of every regular meeting of the Planning and Zoning Commission. (The Texas Open Meetings Act effective September 1, 2009, provides that “a quorum of the city council may receive from municipal staff, and a member of the governing body may make a report regarding items of community interest during a council meeting without having given notice of the subject of the report, provided no action is taken or discussed.” The Open Meetings Act does not allow the Commission to discuss an item concerning pending Planning and Zoning Commission business unless it is specifically, appropriately posted on the agenda). An “item of community interest” includes the following: • expressions of thanks, congratulations, or condolence; • information regarding holiday schedules; • honorary recognitions of city officials, employees, or other citizens; • reminders about upcoming events sponsored by the city or other entity that is scheduled to be attended by a city official or city employee; and • announcements involving imminent public health and safety threats to the city.

5.

Citizen Appearance (Citizens who have signed a card to speak to the Commission will be heard at this time. In compliance with the Texas Open Meetings Act, unless the subject matter of the presentation is on the agenda, the city staff and Planning and Zoning Commission members are prevented from discussion of the subject and may respond only with statements of factual information or existing city policy. Public comment will not be taken on items that the Commission has previously considered in a public hearing.)

6.

Executive Session The Planning & Zoning Commission reserves the right to convene in Executive Session(s) during this meeting pursuant to the following Sections of the Government Code of the State of Texas: 1. Pursuant to Sec. 551.071 (2), consultation with its Attorney: The Planning & Zoning Commission may conduct private consultations with its attorneys when the Planning & Zoning Commission seeks the advice of its attorney concerning any item on this agenda or a matter in which the duty of the attorney to the Planning & Zoning Commission under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Government Code.

City of Burleson Planning and Zoning Commission January 22, 2015 Page 3 of 3

Adjourn. Staff Contact Bradley Ford, Director of Development Services 817-426-9623

CERTIFICATE I hereby certify that the above agenda was posted on this the 16th day of January 2015, by 5:00 p.m., on the official bulletin board at the Burleson City Hall, 141 W. Renfro, Burleson, Texas.

Amanda McCrory Amanda McCrory City Secretary ACCESSIBILITY STATEMENT The Burleson City Hall facility is wheelchair accessible. The entry ramp is located in the front of the building. Accessible parking spaces are also available in that area. Sign interpretative services for meetings must be made 48 hours in advance of the meeting. Call the A.D.A. Coordinator at 817-426-9600 or TDD 1-800-735-2989.

January 22, 2015 1A-1

Memorandum To:

The Burleson Planning and Zoning Commission

From:

Peggy Fisher, Senior Administrative Assistant

Date:

January 22, 2015

Subject:

Minutes from the December 16, 2014 Regular Session Planning and Zoning Commission Meeting.

Commission Action Requested: Approve the minutes from the December 16, 2014 Regular Session of the Planning and Zoning Commission Meeting. Background Information: None. Board/Citizen Input: None. Financial Considerations: None. Attachments: Minutes of the December 16, 2014 Regular Session of the Planning and Zoning Commission. Staff Contact: Peggy Fisher Recording Secretary 817-426-9611

January 22, 2015 1A-2

PLANNING AND ZONING COMMISSION December 16, 2014 MINUTES Roll Call Commissioners Present Koy Killen Jack Eades Duaine Goulding Curtis Beaman Brenda Gammon James Guthrie

Commissioners Absent Dan Boutwell Amanda Harris

Staff Bradley Ford, Director of Development Services Shad Rhoten, Senior Planner Joni Van Noy, Planner Michelle McCullough, P.E., CFM, Civil Engineer Peggy Fisher, Administrative Assistant

REGULAR SESSION Call to Order – 6:03 PM Invocation – Brenda Gammon delivered the invocation. Bradley Ford removed item 1B from the Consent Agenda and placed it on the regular agenda as item 3B for further discussion with the commission. 1. Consent Agenda A.

Approve the minutes from December 2, 2014 Planning and Zoning Commission meeting.

B.

Consideration of a Final Plat for Mountain Valley, Tract C, Phase 4, containing 38 residential lots on 15.811 acres of land out of the James M. Moore Survey, Abstract No. 620, City of Burleson (Case 14050B)

C.

Consideration of a Minor Plat of Lot 1 and Lot 2, Block 1, Way-Sall Estates, being 2.410 acres of land located off of County Road 603 in the City of Burleson's ETJ (Case 14-085)

January 22, 2015 1A-3

D.

Re-plat of 13.14 acres as Lot 1R1 and 2R1, Block 7 of HighPoint Business Park located at 5100 HighPoint Parkway for future Air Force Airguns facility (Case 14-089)

Motion was made by Commissioner Duaine Goulding and second by Commissioner Curtis Beaman to approve. Motion passed, 6-0. Commissioners Dan Boutwell and Amanda Harris were absent. 2. Public Hearings None 3. Other Items for Consideration A.

Consideration of a Commercial Site Plan for Airforce Airguns to be located within Highpoint Business Park at 5100 Highpoint Parkway. (Case 14-088)

Bradley Ford presented the case to the Commission, reviewed the staff report, and answered questions from the Commission. Motion was made by Commissioner Jack Eades and second by Commissioner Koy Killen to approve with the masonry waiver added. Motion passed, 6-0. Commissioners Dan Boutwell and Amanda Harris were absent. B.

Consideration of a Final Plat for Mountain Valley, Tract C, Phase 4, containing 38 residential lots on 15.811 acres of land out of the James M. Moore Survey, Abstract No. 620, City of Burleson (Case 14050B)

Bradley Ford presented the case to the Commission, reviewed the staff report, and answered questions from the Commission. Clay Wingo, 3013 Shoreline Drive, asked questions of the commission on this item. Jon Kroehler, applicant, 4704 Waterford Drive, answered question from the commission on this item. Cathy Rueter, 3101 Shoreline Drive, asked questions of the commissiom on this item.

January 22, 2015 1A-4

Motion was made by Commissioner Curtis Commissioner Duaine Goulding to approve.

Beaman

and

second by

Motion passed, 6-0. Commissioners Dan Boutwell and Amanda Harris were absent.

4. Community Interest Items None 5. Citizen Appearance None 6. Executive Session The Planning & Zoning Commission reserves the right to convene in Executive Session(s) during this meeting pursuant to the following Sections of the Government Code of the State of Texas: 1. Pursuant to Sec. 551.071 (2), consultation with its Attorney: The Planning & Zoning Commission may conduct private consultations with its attorneys when the Planning & Zoning Commission seeks the advice of its attorney concerning any item on this agenda or a matter in which the duty of the attorney to the Planning & Zoning Commission under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Government Code. Adjourn. There being no further business Chair Dan Boutwell adjourned the meeting. Time –6:32 PM _____________________________ Peggy Fisher Administrative Assistant Recording Secretary

January 22, 2015 1B– 1 Memorandum To:

The Chair and Members of the Planning and Zoning Commission

From:

Joni Van Noy, Development Coordinator, Development Services

Date:

January 22, 2015

Subject:

2015 Planning and Zoning Commission meeting dates and development calendar

Planning and Zoning Commission Action Requested: Approve 2015 Planning and Zoning Commission meeting dates and adopt updated development calendar as proposed Background Information: The purpose of this report is to provide a summary of proposed Planning and Zoning Commission meeting dates for 2015.

Staff is proposing a once a month submittal deadline for new cases according to the attached proposed calendar. In turn, this would designate one Planning and Zoning meeting a month unless otherwise needed in the event of a special circumstance arising. The meetings are scheduled for the 2nd Tuesday of each month unless there is a direct conflict with a holiday or scheduled City Council meeting due to recent holiday or event.

Attachments: 1.

Meeting dates overview

2.

2015 Development Calendar

Staff Contact: Joni Van Noy Development Coordinator Development Services 817-426-9612

January 22, 2015 1B– 2

PLANNING AND ZONING COMMISSION 2015 MEETING DATES

Tuesday, February 10, 2015 Tuesday, March 10, 2015 Tuesday April 14, 2015 Tuesday, May 12, 2015 Tuesday, June 9, 2015 Tuesday, July 14, 2015 Tuesday, August 11, 2015 Tuesday, September 8, 2015 Tuesday, October 13, 2015 Tuesday, November 3, 2015 ** Tuesday, December 1, 2015 **

** Meeting not scheduled for 2nd Tuesday of designated month

January 22, 2015 1C-1

Memorandum To:

The Chair and Members of the Planning and Zoning Commission

From:

Joni Van Noy, Development Coordinator, Development Services

Date:

January 22, 2015

Subject:

Consideration of a Minor Plat of Lot 1, Block 1, Ustanik Addition, being 1.10 acres of land located off of E. Renfro Street and Ellen Lane in the City of Burleson's ETJ (Case 14-095)

Planning and Zoning Commission Action Requested: Recommend approval or denial of a Minor Plat of Lot 1, Block 1, Ustanik Addition, being 1.10 acres of land located off of E. Renfro Street and Ellen Lane in the City of Burleson's ETJ (Case 14-095)

Background Information: On December 1, 2014, an application was submitted for a Minor Plat for Lot 1, Block 1, Ustanik Addition encompassing approximately 1.205 acres of land located near the intersection of E. Renfro St and Ellen Lane in the City of Burleson’s ETJ. The applicant is requesting the minor plat so that a development permit may be granted by Johnson County to build a residential structure measuring approximately 2,400 sq. ft. on the above referenced property.

Planning Analysis: Minor Plat: The regulation of subdivision development is based upon government's legitimate interest in promoting orderly development, insuring that subdivisions are constructed safely, and protecting future owners from inadequate police and fire protection, inadequate drainage and unsanitary conditions. To achieve this goal, the Planning and Zoning Commission appointees and the City Council members have the legislative authority to adopt a subdivision ordinance. A plat cannot be denied for a reason other

January 22, 2015 1C-2 than failure to comply with applicable regulations. This plat conforms to the requirements of all applicable sections of the City of Burleson Subdivision Ordinance.

Board/Citizen Input: There is no public input required for this case. Financial Considerations: There is no expenditure of municipal funds associated with this item.

Attachments: 1. 2. 3.

Location Map Aerial Map Ustanik Addition Proposed Minor Plat

Staff Contact: Joni Van Noy Development Coordinator Development Services 817-426-9612 [email protected]

January 22, 2015 1C-3 Attachment 1 Location Map

January 22, 2015 1C-4 Attachment 2 Aerial Map

January 22, 2015 1C-5 Attachment 3 Ustanik Addition Proposed Minor Plat

January 22, 2015 1D-1

Memorandum To:

The Chair and Members of the Planning and Zoning Commission

From:

Joni Van Noy, Development Coordinator, Development Services

Date:

January 22, 2015

Subject:

Consideration of a Minor Plat of Lot 3, Block 1, Lone Oak Winery, being 1.419 acres of land located near the intersection of FM 731 and County Road 802 in the City of Burleson's ETJ (Case 14-087)

Planning and Zoning Commission Action Requested: Recommend approval or denial of a Minor Plat of Lot 3, Block 1, Lone Oak Winery, being 1.419 acres of land located near the intersection of FM 731 and County Road 802 in the City of Burleson's ETJ (Case 14-087)

Background Information: On November 3, 2014, an application was submitted for a Minor Plat for Lot 3, Block 1, Lone Oak Winery on encompassing approximately 1.419 acres of land located off of County Road 802 just outside of Burleson City limits near FM 731. The applicant is requesting the minor plat so that a development permit may be granted by Johnson County to build a residential structure measuring approximately 2480 sq. ft. on the above referenced property.

Planning Analysis: Minor Plat: The regulation of subdivision development is based upon government's legitimate interest in promoting orderly development, insuring that subdivisions are constructed safely, and protecting future owners from inadequate police and fire protection, inadequate drainage and unsanitary conditions. To achieve this goal, the Planning and Zoning Commission appointees and the City Council members have the legislative authority to adopt a subdivision ordinance. A plat cannot be denied for a reason other

January 22, 2015 1D-2 than failure to comply with applicable regulations. This plat conforms to the requirements of all applicable sections of the City of Burleson Subdivision Ordinance.

Board/Citizen Input: There is no public input required for this case.

Financial Considerations: There is no expenditure of municipal funds associated with this item.

Attachments: 1. 2. 3.

Location Map Aerial Map Lone Oak Winery Proposed Minor Plat

Staff Contact: Joni Van Noy Development Coordinator Development Services 817-426-9612 [email protected]

January 22, 2015 1D-3 Attachment 1 Location Map

January 22, 2015 1D-4 Attachment 2 Aerial Map

January 22, 2015 1D-5 Attachment 3 Lone Oak Winery Proposed Minor Plat

January 22, 2015 1E and 1F-1

Memorandum To:

The Chair and Members of the Planning and Zoning Commission

From:

Joni Van Noy, Development Coordinator, Development Services

Date:

January 22, 2015

Subject:

Consideration of a Preliminary Plat of Lots 1-4, Block 1, McNairn Plaza Addition, being 5.981 acres of land located on SW Wilshire Blvd. (Case 14-093); and,

Consideration of a Final Plat of Lot 1, Block 1, McNairn Plaza Addition, being 2.817 acres of land located on SW Wilshire Blvd. (Case 14-094)

Planning and Zoning Commission Action Requested: 1. Recommend approval or denial of a Preliminary Plat of Lots 1-4, Block 1, McNairn Plaza Addition, being 5.981 acres of land located on SW Wilshire Blvd. (Case 14-093); and, 2. Recommend approval or denial of a Final Plat of Lot 1, Block 1, McNairn Plaza Addition, being 2.817 acres of land located on SW Wilshire Blvd. (Case 14-094)

Background Information: On December 1, 2014, an application was submitted for a Preliminary Plat of Lots 1-4, Block 1 consisting of approximately 5.981 acres of land as well as a Final Plat of Lot 1, Block 1 consisting of approximately 2.817 acres located at the corner of SW Wilshire Blvd. and NW McNaird Rd. Burleson Land Company Inc. recently purchased the property from Burleson Church of Christ and changed the zoning of the property from Single Family, SF7 to General Retail, GR zoning district in order to utilize a portion of the existing church building for RenWeb, a Burleson-based informational technology company. The preliminary plat includes four (4) lots in which are proposed for retail future development at this location. The area has received interest/inquiry from several restaurant chains thus far, and development of this site is projected to take place in the

January 22, 2015 1E and 1F-2 near future. The request for a Final Plat of Lot 1, Block 1 is in preparation for future expansion of RenWeb as well as additional parking space at this location for future development.

Planning Analysis: The regulation of subdivision development is based upon government's legitimate interest in promoting orderly development, insuring that subdivisions are constructed safely, and protecting future owners from inadequate police and fire protection, inadequate drainage and unsanitary conditions. To achieve this goal, the Planning and Zoning Commission appointees and the City Council members have the legislative authority to adopt a subdivision ordinance. A plat cannot be denied for a reason other than failure to comply with applicable regulations. This plat conforms to the requirements of all applicable sections of the City of Burleson Subdivision Ordinance.

Board/Citizen Input: There is no public input required for this case. Financial Considerations: There is no expenditure of municipal funds associated with this item.

Attachments: 1.

Location Map

2.

Aerial Map

3.

Proposed Preliminary Plat

4.

Proposed Final Plat

Staff Contact: Joni Van Noy Development Coordinator Development Services 817-426-9612 [email protected]

January 22, 2015 1E and 1F-3 ATTACHMENT 1 Location Map

January 22, 2015 1E and 1F-4 ATTACHMENT 2 Aerial Map

January 22, 2015 1E and 1F-5 ATTACHMENT 3 Proposed Preliminary Plat

January 22, 2015 1E and 1F-6 ATTACHMENT 4 Proposed Final Plat

January 22, 2015 2A– 1

Memorandum To:

The Chair and Members of the Planning and Zoning Commission

From:

Joni Van Noy, Development Coordinator, Development Services

Date:

January 22, 2015

Subject:

Consideration of a zoning change request from Agricultural (A) zoning district to Industrial (I) zoning district with a Specific Use Permit (SUP) to allow for the use of "contractor office with storage yard" within the I-35 overlay district on 16.60 acres of land located at 3601 S. Burleson Blvd. (Case 14-090)

Planning and Zoning Commission Action Requested: 1. Conduct a public hearing; and 2.

Recommend approval or denial of a zoning change request from Agricultural (A) zoning district to Industrial (I) zoning district with a Specific Use Permit (SUP) to allow for the use of "contractor office with storage yard" within the I35 overlay district on 16.60 acres of land located at 3601 S. Burleson Blvd. (Case 14-090)

Background Information: An application was submitted on December 1, 2014 by Southland Re Properties LLC requesting a zoning change from Agricultural (A) district to Industrial (I) district with a Specific Use Permit (SUP) to allow for “contractor office with storage yard” within the I35 overlay district. The property consists of approximately 16.244 acres of land in which Southland Contracting Company currently uses the property predominantly for storage of the company’s equipment/machinery at this time. The intent is to use the land as a “lay down” yard for the tunneling company and do minor modifications on the existing building on site to use for a mechanic shop. The shop will be used for equipment/supply repair, as well as supply storage, pick up, and drop off. The extent of the building modification work will not require platting and/or a site plan submittal at this time.

January 22, 2015 2A– 2 Planning Analysis: Land Use and Zoning in the area Direction North South East West

Land Use Millis Transfer Inc. Salvage/Storage Outside of Burleson City limits Total Pallet Solutions

Zoning Commercial Agriculture N/A Agriculture

A map of the future land use designations in the area is included as Attachment 4.

Imagine Burleson: Roadmap to 2030 Comprehensive Plan: This property is located in an area on the Future Land Use map designated for Conventional Freeway Commercial. This land use category is intended for intense, auto-oriented uses with regional emphasis due to high visibility of the area. Uses such as corporate or professional office, hotel, food establishments and retail power centers are encouraged in this category area. Mixed use developments, both horizontal and vertical, with a high‐density residential component may also be appropriate in some places in this category. Freeway Commercial areas may also host regional open space such as golf courses and water parks. This area should be served by a well-designed collector street system to facilitate quality auto‐oriented developments. This category shall contain land uses that are less susceptible to noise and visual pollution but the high visibility aspect of the category shall require excellence in architectural design in buildings located in these areas. Spacious landscaped areas and attractive signage in parking lots, along freeways or arterial roads, public spaces at key entry points and central locations, gateway landscaping, monuments and other devices will be used to provide visibility from the freeway and guide visitors to destinations and for transitioning from land uses in this category to other lower intensity uses. Board/Citizen Input: On January 5, 2015 staff mailed nine (9) public notices to six (6) adjacent property owners whose land is located within 200’ of the proposed zoning area. Notice was also

January 22, 2015 2A– 3 published in the Burleson Star on January 7, 2015. Financial Considerations: There is no expenditure of municipal funds associated with this item.

Attachments: 1. Location Map 2. Aerial Map 3. Zoning Map 4. Future Land Use Map 5. Draft Ordinance

Staff Contact: Joni Van Noy Development Coordinator Development Services 817-426-9612 [email protected]

January 22, 2015 2A– 4 ATTACHMENT 1 Location Map

January 22, 2015 2A– 5 ATTACHMENT 2 Aerial Map

January 22, 2015 2A– 6 ATTACHMENT 3 Zoning Map

January 22, 2015 2A– 7 Attachment 4 Future Land Use Map

January 22, 2015 2A– 8 Attachment 5 Ordinance _____________ AN ORDINANCE AMENDING ORDINANCE B-582, THE ZONING ORDINANCE OF THE CITY OF BURLESON, TEXAS, BY AMENDING THE OFFICIAL ZONING MAP AND CHANGING THE ZONING ON APPROXIMATELY 16.60 ACRES LOCATED AT 3601 S. BURLESON BLVD., KNOWN AS ABSTRACT 800, TRACT 15A and 15B OUT OF THE I SAUNDERS SURVEY, CITY OF BURLESON, JOHNSON COUNTY, TEXAS, FROM AGRICULTURAL (A) ZONING DISTRICT TO INDUSTRIAL (I) ZONING DISTRICT WITH A GRANTED SPECIFIC USE PERMIT (SUP) TO ALLOW FOR A CONTRACTOR OFFICE WITH STORAGE YARD WITHIN THE I-35 OVERLAY DISTRICT, MAKING THIS ORDINANCE CUMULATIVE OF PRIOR ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING A PENALTY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.

WHEREAS, an application for a zoning change was filed by Southland Re Properties, LLC on December 1, 2014, under Case Number 14-090; and

WHEREAS, the City of Burleson has complied with the notification requirements of the Texas Local Government Code and the Burleson Zoning Ordinance; and

WHEREAS, the City Council and Planning and Zoning Commission have held a public hearing and the Planning and Zoning Commission has made a recommendation on the proposed zoning amendment; and

WHEREAS, the City Council has determined that the proposed zoning ordinance amendment is in the best interest of the City of Burleson.

January 22, 2015 2A– 9 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BURLESON, TEXAS:

SECTION 1 The Official Zoning Map is hereby amended insofar as it relates to certain land described as Abstract 800, Tract 15A and 15B of the I Saunders Survey, located at 3601 S Burleson Blvd., City of Burleson, Johnson County, Texas, as illustrated in Exhibit A, by changing the zoning of said property from Agricultural (A) zoning district to Industrial (I) zoning district with a granted Specific Use Permit (SUP) to allow for contractor office with storage yard within the I-35 Overlay district.

SECTION 2 CUMULATIVE CLAUSE This ordinance shall be cumulative of all provisions of ordinances of the City of Burleson, Texas, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances, in which event the conflicting provisions of such ordinances are hereby repealed. To the extent that the provisions of the City of Burleson's various development ordinances conflict with this ordinance, the terms of this ordinance shall control.

SECTION 3 SEVERABILITY CLAUSE It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs and sections of this ordinance are severable., and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been

January 22, 2015 2A– 10 enacted by the city council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section.

SECTION 4 PENALTY CLAUSE Any person, firm, association of persons, company, corporation, or their agents, its servants, or employees violating or failing to comply with any of the provisions of this article shall be fined, upon conviction, not less than one dollar ($1.00) nor more than two thousand dollars ($2,000.00), and each day any violation of noncompliance continues shall constitute a separate and distinct offense. The penalty provided herein shall be cumulative of other remedies provided by State Law, and the power of injunction as provided in Texas Local Government Code 54.012 and as may be amended, may be exercised in enforcing this article whether or not there has been a complaint filed.

SECTION 6 EFFECTIVE DATE This Ordinance shall be in full force and effect from and after its passage and publication as provided by law. PASSED AND APPROVED this the___________ day of __________ 2015.

____________________________ Mayor ATTEST: ____________________________ City Secretary

January 22, 2015 2A– 11 EXHIBIT A

January 22, 2015 3A-1

Memorandum To:

The Chair and Members of the Planning and Zoning Commission

From:

Bradley Ford, Director of Development Services

Date:

January 22, 2015

Subject:

Consideration of a Final Plat for Lot 1, Block 1, Century 21 Real Estate Addition, being 1.25 acre located at 940 SW Alsbury Boulevard. (Case 14031)

Planning and Zoning Commission Action Requested: Recommend approval of a Final Plat for Lot 1, Block 1, Century 21 Real Estate Addition, being 1.25 acre located at 940 SW Alsbury Boulevard. (Case 14-031) Background Information: An application has been received for a Final Plat for Lot 1, Block 1, Century 21 Real Estate Addition, being 1.25 acre located at 940 SW Alsbury Boulevard along SW Alsbury Blvd north of NW John Jones Drive. Located directly adjacent to the subject property along the west property line is 7-11. The request was submitted in preparation for the construction of Century 21 which has also submitted a Commercial Site Plan for approval.

Planning Analysis: Final Plat: The regulation of subdivision development is based upon government's legitimate interest in promoting orderly development, insuring that subdivisions are constructed safely, and protecting future owners from inadequate police and fire protection, inadequate drainage and unsanitary conditions. To achieve this goal, the Planning and Zoning Commission appointees and the City Council members have the legislative authority to adopt a subdivision ordinance. A plat cannot be denied for a reason other than failure to comply with applicable regulations. This plat conforms to the requirements of all applicable sections of the City of Burleson Subdivision Ordinance.

January 22, 2015 3A-2

Board/Citizen Input: There is no public input required for this case. Financial Considerations: There is no expenditure of municipal funds associated with this item. Attachments: 1. Aerial Map 2. Century 21 Real Estate Addition Staff Contact: Bradley Ford Director of Development Services 817-426-9623 [email protected]

January 22, 2015 3A-3 ATTACHMENT 1 Aerial Map

January 22, 2015 3A-4

ATTACHMENT 2 Century 21 Real Estate Addition Final Plat

January 22, 2015 3B - 1

Memorandum To:

The Chair and Members of the Planning and Zoning Commission

From:

Shad Rhoten, Senior Planner

Date:

January 15, 2015

Subject:

Consideration of a Commercial Site Plan for Century 21 located at 940 SW Alsbury Blvd. (Case 14-076)

Planning & Zoning Commission Action Requested: Recommendation of approval or denial of a Commercial Site Plan for a 7,315 square foot office facility on 1.25 acres of land located at 940 SW Alsbury Blvd (Case 14-076).

Background Information: A commercial site plan application has been submitted whereby the applicant proposes to construct a 7,315 sq. ft. office building on 1.25 acres of land.

The site is an

undeveloped parcel that is located on the south side of SW Alsbury Blvd, approximately 700 feet east from the intersection of John Jones Dr.

A final plat application has been submitted concurrently with the commercial site plan and proposes to plat the property for the purpose of constructing the office facility (reference Agenda Item 3A, Case 14-031).

Planning Analysis: Commercial Site Plan Request: The material on the building’s exterior walls is in compliance with the Masonry Ordinance. The building’s exterior walls will be constructed of 100% masonry utilizing a combination of stucco and stone. The site is required to comply with the Landscape Ordinance as a result of the development of the site. Approximately 20% of the site must be landscaped with no more than 90% of that landscaping being grass. Approximately 25% of the subject site will be landscaped with adequate plantings.

January 22, 2015 3B - 2 The site abuts residential property to the southeast; therefore, transitional screening is required per the City’s Fencing and Screening Ordinance. The applicant has opted for the use of a ‘living’ transitional screen comprised of Red Tip Photenias on 5 foot centers. The landscape screening will be planted along the common lot line of the residential properties as depicted on Attachment 4 - Landscape Plan. As allowed by ordinance, the DAC has approved the use of the living screen at this location; however, staff has concerns the proposed landscape plan does clearly address the height of the living screen. Staff would therefore recommend language be added to the landscape plan stating the landscape screen will achieve 6-8 feet at maturity.

At the P&Z’s

discretion, this language could be included in the motion to approve if the application is acted favorably upon.

A tabulated listing of site plan requirements is presented below that reflects the level of conformance to city regulations as depicted on the applicant’s site plan submittal Applicable Ordinance Provision Landscaping required for 20% of total site area. 40% landscaping in front yard.

Section Citation from Ordinances 86-103 Landscape Ordinance 86-105 (a)

Provided by Applicant on Site Plan 10,882 SF req’d 13,603 SF prov’d 4,352 SF req’d 5,114 SF prov’d

Conformance to Design Standards In conformance In conformance

86-107 Landscape Ordinance 10-602(b)(1) Masonry Construction Standards 134-110 (5) Zoning Ordinance

Irrigation provided

In conformance

Approximately 100% masonry shown

In conformance

37 spaces required 46 spaces provided

In conformance

Front Yard Setback min 25’

76-120 (b) Zoning Ordinance

Over 25’ to Front lot line

In conformance

Rear Yard Setback (adjacent to residential) min 10’

76-120 (b) Zoning Ordinance

Over 10’ to Rear Lot line

In conformance

Irrigation required.

75% masonry requirement Parking required: One space for every 200 square feet

Maximum Height 35’ – may exceed 35’ for every additional foot of setback on the front, side and rear lot lines. May not exceed 60’ max.

133-100 Zoning Ordinance

Bldg Height – 40’8” 8’ of addt’l setback req’d Over 8’ of add’l setback prov’d

In conformance

January 22, 2015 3B - 3 Notification/Citizen Input: There are no notifications required for the commercial site plan. Financial Considerations: There is no expenditure of municipal funds associated with this requests. Attachments: 1. Aerial Map 2. Zoning Map 3. Site Plan 4. Landscape Plan 5. Building Elevations

Staff Contact: Shad Rhoten Senior Planner 817-426-9614 [email protected]

January 22, 2015 3B - 4 Attachment 1 Location Map

January 22, 2015 3B - 5 Attachment 2 Zoning Map

January 22, 2015 3B - 6 ATTACHMENT 3 Site Plan

January 22, 2015 3B - 7 ATTACHMENT 4 Landscape Plan

January 22, 2015 3B - 8 Attachment 5 Building Elevations