AGENDA BURLESON PLANNING AND ZONING COMMISSION June ...

AGENDA BURLESON PLANNING AND ZONING COMMISSION June 9, 2015 6:00 PM BURLESON CITY HALL 141 W. RENFRO BURLESON, TX 76028 REGULAR SESSION – 6:00 PM

Call to Order Invocation Pledge of Allegiance 1.

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 May 12, 2015 Planning and Zoning Commission meeting. B. Minor Plat of Lot 1, Block 1, Meredith Addition, being 4.72 acres of land located off of S. Fox Lane in the City of Burleson (Case 15-043) 2.

Public Hearing

A. Replat of Lot 1R-1, Block 1, Saunders Addition consisting of 10.173 acres of land located at 2436 FM 731 within the City of Burleson's ETJ (Case 15-030) 3.

Other Items for Consideration

A. Commercial Site Plan for Burger King for a 2,780 sq. ft. restaurant with drive thru service to be located on Lot 4, Block 1, Wilshire West Addition, along SW Wilshire Blvd. (15-046) B. Commercial Site Plan for a 4,956 office building located at 388 SW Johnson Ave. (Case 15-045) 4.

Community Interest Items

4.

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.

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 5th of June 2015, by 5:00 p.m., on the official bulletin board at the Burleson City Hall, 141 W. Renfro, Burleson, Texas.

Amanda McCrory City Secretary ACCESSIBILITY STATEMENT The Burleson City Hall 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.

Planning & Zoning Commission

1. A.

TO:

Burleson Planning & Zoning Commission

FROM:

Peggy Fisher, Administrative Assistant

DATE:

06/09/2015

SUBJECT: Approve the minutes from May 12, 2015 Planning and Zoning Commission meeting.

Commission Action Requested: Background Information: Planning Analysis: Board/Citizen Input: Attachments PZ Minutes 5.12.15 Staff Contact: Peggy Fisher Senior Administrative Assistant 817-426-9611 [email protected]

Memorandum To:

The Burleson Planning and Zoning Commission

From:

Peggy Fisher, Senior Administrative Assistant

Date:

June 9, 2015

Subject:

Minutes from the May 12, 2014 Regular Session Planning and Zoning Commission Meeting.

Commission Action Requested: Approve the minutes from the May 12, 2015 Regular Session of the Planning and Zoning Commission Meeting. Background Information: None. Board/Citizen Input: None. Financial Considerations: None. Attachments: Minutes of the May 12, 2015 Regular Session of the Planning and Zoning Commission. Staff Contact: Peggy Fisher Recording Secretary 817-426-9611

PLANNING AND ZONING COMMISSION May 12, 2015 MINUTES Roll Call Commissioners Present Dan Boutwell Koy Killen Duaine Goulding Amanda Harris Brenda Gammon James Guthrie

Commissioners Absent Jack Eades Curtis Beaman

Staff Allen Taylor, City Attorney Shad Rhoten, Senior Planner Joni Van Noy, Planner Michelle McCullough, P.E., CFM, Civil Engineer Peggy Fisher, Administrative Assistant

REGULAR SESSION Call to Order – 6:01 PM Invocation –. Brenda Gammon delivered the invocation. 1. Consent Agenda A.

Approve the minutes from April 14, 2015 Planning and Zoning Commission meeting.

B.

Minor Plat of Lots 1-3, Block 1, Brooks Road Estates, being 4.55 acres of land located off of Brooks Road in the City of Burleson's ETJ (Case 14-092)

C.

Minor Plat of Lot 1, Block 1 Martin Springs Addition, being 10.003 acres of land located off of Rough Road in the City of Burleson's ETJ (Case 15-031)

D.

Minor Plat of Lot 1 and Lot 2, Block 1, Reid Addition, being 6.837 acres of land located off of County Road 803 in the City of Burleson's ETJ (Case 15-032)

E.

Minor Plat of Lot 1, Block 1, Sandoval Addition, being 2.421 acres of land located near the intersection of County Road 805B and FM 2280 in the City of Burleson's ETJ (Case 15-036)

F.

Minor Plat of Lot 1 and Lot 2, Block 1, Megan Estates, being 5.96 acres of land located off of W. County Road 714 in the City of Burleson's ETJ (Case 15-037)

G.

Final Plat of Lot 1, Block 1, Mustang Creek Estates, being 7.384 acres of land in the H.G. Catlett Survey, Abstract 10, located on NW John Jones Rd, just south of the intersection of CR 921. (Case 15-039)

Motion was made by Commissioner Koy Killen and second by Duaine Goulding to approve. Motion passed, 6-0. absent.

Commissioners Jack Eades and Curtis Beaman were

2. Public Hearings A.

Zoning Change request from Commercial (C) and Agricultural (A) to Commercial (C) with a Specific Use Permit (SUP) for new and used auto sales (outdoors) and service within the I-35 overlay district on a 3.0 acres of land located at 1555 S. Burleson Blvd. (15-038)

Shad Rhoten presented the case to the Commission, reviewed the staff report, and answered questions from the Commission. Commission Chairman Dan Boutwell opened the public hearing at 6:13 p.m. Bruce Anderson, 6909 Carrino Court, spoke against this item. Chuck Bernard, 1601 S. Burleson Blvd., spoke against this item. Arnold Norman, 317 Rail Lane, spoke against this item. Dano Strong, 656 Parkridge, spoke about his concern regarding the 200 ft. property owner notices. Charles Hobbs, 3501 CR 530B, spoke against this item. Commission Chairman Dan Boutwell closed the public hearing at 6:30 p.m. Brad Hudson, applicant, 3125 Trailwood Drive, answered questions from the commissioners

Motion was made by Commissioner Brenda Gammon and second by Commissioner Duaine Goulding to approve Motion passed, 6-0. absent. B.


Modification to the Reed Parke Planned Development Ordinance to modify the boundary lines of the Multi-Family and General Office tracts on 20.39 acres known as Tracts 2 and 3 of Reed Parke. (Case 15-033)

*Items 2B(15-033) and 3A(15-034) were presented together. Shad Rhoten presented the case to the Commission, reviewed the staff report, and answered questions from the Commission. Commission Chairman Dan Boutwell opened the public hearing at 7:12 p.m. Commission Chairman Dan Boutwell closed the public hearing at 7:13 p.m. Chuck Stark, applicant, 6221 SW Boulevard, answered questions from the commissioners. Motion was made by Commissioner Duaine Goulding and second by Commissioner Amanda Harris to approve. Motion passed, 6-0. absent.


3. Other Items for Consideration A.

Revised Conveyance Plat for Lots 3R1, Block 1 and 1R, Block 2, Reed Parke Addition located east of the intersection of SE John Jones Dr and SW Wilshire Blvd. (Case 15-034)

Shad Rhoten presented the case to the Commission, reviewed the staff report, and answered questions from the Commission. Motion was made by Commissioner Amanda Commissioner Koy Killen to approve. Motion passed, 6-0. absent.

Harris and

second by


B.

Commercial Site Plan for Mustang Creek Estates on 7.384 acres of land, located on NW John Jones Rd, just south of the intersection of CR 921. (Case 15-040)

Shad Rhoten presented the case to the Commission, reviewed the staff report, and answered questions from the Commission. Scott Roberts, applicant, 1026 Creekwood, answered questions from the commissioners. Motion was made by Commissioner Brenda Gammon and second by Commissioner Duaine Goulding to approve. Motion passed, 6-0. absent. C.


Commercial Site Plan for Burleson Power Sports for a 2,400 sq. ft. accessory building on Lot 1, Block 1, Yamaha Addition, located at 1636 SW Wilshire Blvd. (Case 15-035)

Motion was made by Commissioner Brenda Gammon and second by Commissioner Koy Killen to approve. Motion passed, 6-0. 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 –7:41 PM _____________________________ Peggy Fisher Administrative Assistant Recording Secretary


1. B.

TO:


FROM:

Joni Van Noy, Development Coordinator

DATE:

06/09/2015

SUBJECT: Minor Plat of Lot 1, Block 1, Meredith Addition, being 4.72 acres of land located off of S. Fox Lane in the City of Burleson (Case 15-043)

Commission Action Requested: Recommend approval or denial of a Minor Plat of Lot 1, Block 1, Meredith Addition, being 4.72 acres of land located off of S. Fox Lane in the City of Burleson (Case 15-043) Background Information: On April 6, 2015, an application was submitted for a Minor Plat of Lot 1, Block 1, Meredith Addition, being 4.72 acres of land located off of S. Fox Lane in the City of Burleson (Case 15-043). The property owner currently owns two (2) neighboring unplatted tracts of land. Currently, there is a residential structure on the northern tract of land; a barn and two (2) carports are situated somewhat straddling the dividing boundary line between the two tracts. The property owner intends to build an additional accessory structure to be used as a shop on what is currently the southern tract of land. Per the City of Burleson's Code of Ordinances, the proposed addition would be considered an "accessory structure," and will require a building permit. Per the City's Subdivision and Development Ordinance Section 2.2: A permit for an accessory structure, fence, irrigation system, or swimming pool, may be issued on an unplatted lot; However, in order for a structure to be considered "accessory" it must be subordinate to an existing primary structure on the same lot. The purpose of this Minor Plat is to combine the two (2) existing tracts to create one (1) platted lot. The property is zoned Agricultural and is within City limits. Water services to the property are provided by Bethesda Water Supply Corporation. The City of Burleson Fire Department provides fire protection for the 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 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.

Attachments 1. Location Map 2. Aerial Map 3. Meredith Addition Minor Plat

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

Attachment 1 Location Map

Attachment 2 Aerial Map

Attachment 3 Meredith Addition Proposed Minor Plat


2. A.

TO:


FROM:

Joni Van Noy, Development Coordinator

DATE:

06/09/2015

SUBJECT: Replat of Lot 1R-1, Block 1, Saunders Addition consisting of 10.173 acres of land located at 2436 FM 731 within the City of Burleson's ETJ (Case 15-030)

Commission Action Requested: 1. Conduct a public hearing; and 2. Recommend approval or denial of a Replat of Lot 1R-1, Block 1, Saunders Addition consisting of 10.173 acres of land located at 2436 FM 731 within the City of Burleson's ETJ (15-030) Background Information: On April 6, 2015, an application was submitted for a Replat of Lot 1R-1, Block 1, Saunders Addition consisting of 10.173 acres of land located at 2436 FM 731 within the City of Burleson's ETJ. The property owners of what is currently Lot 1, Block 1, Saunders Addition, recently purchased an additional 6.27 acres of land directly west of their current property. The applicant is proposing no change to the property. Additionally, the property owners have been advised if any additional residential structure(s) are proposed at a later date, a replat would be required at that time. The request for a replat is to combine the two properties now under common ownership. Water services to the property are provided by Bethesda Water Supply Corporation. Johnson County ESD #1 provides fire protection for the property. Planning Analysis: Replat: 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: On May 27, 2015 staff mailed nineteen (19) public notices to sixteen (16) adjacent property owners whose land is located within 200’ of the proposed zoning area. Notice was also published in the Burleson Star on May 27, 2015.

Attachments 1. Location Map 2. Aerial Map 3. Saunders Addition Replat Staff Contact:

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

Attachment 1 Location Map

Attachment 2 Aerial Map

Attachment 3 Saunders Addition Proposed Replat


3. A.

TO:


FROM:

Shad Rhoten, Senior Planner

DATE:

06/09/2015

SUBJECT: Commercial Site Plan for Burger King for a 2,780 sq. ft. restaurant with drive thru service to be located on Lot 4, Block 1, Wilshire West Addition, along SW Wilshire Blvd. (15-046)

Commission Action Requested: Recommend approval or denial of a Commercial Site Plan for Burger King for a 2,780 sq. ft. restaurant with drive thru service to be located on Lot 4, Block 1, Wilshire West Addition, along SW Wilshire Blvd. (15-046) Background Information: On May 4, 2015, DHR Engineering (applicant's engineer) submitted an application for a commercial site plan in preparation for the construction of a 2780 sq. ft. Burger King restaurant with drive thru service to be located south of the intersection of SW Wilshire Blvd and future Commons Dr. The site is located just north of Goodwill on the same side (east) of Wilshire Blvd. The subject property is currently zoned as (C) Commercial Zoning District; therefore, a restaurant with drive thru service is an allowable use within this zoning district. The property is approximately 0.861 acres and has been recently platted as Lot 4, Block 1, Wilshire West Addition. At this time the applicant intends to provide access to the site through the property to the north by means of an existing platted access easement that intersects to future Commons Dr. An exhibit of the access easement is included with this report as Attachment 5 - Lot 5, Block A, Wilshire West Plat. The City of Burleson serves this property with both water and sewer. 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 a mix of stucco and brick. In total, the building's exterior will be comprised of approximately 95-100% masonry per elevation. Landscape requirements are triggered for this site in conjunction with development. Approximately 20% of the site must be landscaped with no more than 90% of that landscaping being grass. The submitted landscape plan calculates the site at 23% landscaped area with 2% grass cover. The site adjoins property zoned for multi-family residential to the east so a transitional screen is required along the common property line. Burger King proposes to install a 8 foot, masonry screening, similar in color and material to the primary building, along the entire east property line. 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. No development standards are requested to be waived in association with this commercial site plan approval. Applicable Ordinance Provision

Section Citation from Ordinances

Provided by Applicant on Site Plan

Conformance to Design Standards

Landscaping required for 20% of total site area.

86-103 Landscape Ordinance

7,500 SF req’d 8,769 SF prov’d

In conformance

40% landscaping in front yard.

86-105 (a) Landscape Ordinance


In conformance


Irrigation provided

In conformance

75% masonry requirement

10-602 (B), Masonry Ordinance

Approximately 95-100% masonry shown

In conformance

Parking required: One space for every 3 seats

134-110 (17) Zoning Ordinance

20 spaces required 17 spaces provided

In conformance

Front Yard Setback min 20’

78-120 (b) Zoning Ordinance

116 ft

In conformance

78-115 Zoning Ordinance

21 ft

In conformance

Irrigation required.

Maximum Height - 35 ft

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

Attachments 1. Location Map 2. Aerial Map 3. Zoning Map 4. Site Plan 5. Lot 5, Block A, Wilshire West 6. Building Elevations 7. Landscape Plan Staff Contact: Shad Rhoten, AICP Senior Planner Development Services 817.426.9614 [email protected]

ATTACHMENT 1 Location Map

ATTACHMENT 2 Aerial Map

ATTACHMENT 3 Zoning Map

ATTACHMENT 4 Site Plan / Proposed Signage

ATTACHMENT 5 Lot 5, Block A Wilshire West

ATTACHMENT 6 Building Elevations

ATTACHMENT 6 Landscape Plan

Planning & Zoning Commission TO:


FROM:

Shad Rhoten, Senior Planner

DATE:

06/09/2015

3. B.

SUBJECT: Commercial Site Plan for a 4,956 office building located at 388 SW Johnson Ave. (Case 15-045)

Commission Action Requested: Recommend approval or denial of a Commercial Site Plan for a 4,956 office building located at 388 SW Johnson Ave. (Case 15-045) Background Information: On May 4, 2015, Craig Couch (applicant and property owner) submitted an application for a commercial site plan in preparation for the construction of a 4,956 sq. ft. office building located at 388 SW Johnson Ave. An existing office building is located on the property near the street frontage. The new office building is proposed for construction behind the existing building near the rear of the property. The subject property is currently zoned as General Retail (GR); therefore, offices are an allowable use within this zoning district. Additional parking is required by ordinance to support the new office building. In total, both office buildings on site require 46 parking spaces. The applicant will provide 33 spaces on-site with the remaining 13 spaces accounted for through a shared parking agreement with the daycare to the south. The daycare has ample parking to share these 13 spaces and a signed agreement between both establishments has been submitted in conjunction with this site plan. The property has been previously platted as Lot 5CR1, Block 2, Wilshire Square Addition. 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% brick with color to match the existing office building. Additional landscaping area and plantings will be provided on the site in conjunction with the new office building construction. Approximately 20% of the site must be landscaped with no more than 90% of that landscaping being grass. The submitted landscape plan calculates the site at 29% landscaped area with 74% grass cover. Thirteen (13) off-site parking spaces will be shared between the daycare to the south and the subject property. These off-site spaces are delineated on the site plan. 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. No development standards are requested to be waived in association with this commercial site plan approval.

Applicable Ordinance Provision

Section Citation Provided by from Development Applicant on Site Ords. Plan

Conformance to Design Standards

Landscaping required for 20% of total site area.



In conformance

40% landscaping in front yard.

86-105 (a) Landscape Ordinance


In conformance

Irrigation required.


Irrigation provided

In conformance

75% masonry requirement

Section 10-602 (B), Masonry Ordinance

Approximately 100% masonry shown

In conformance

Parking required: One space for 200 sq. ft. building area

134-110 (24) Zoning Ordinance

Rear Yard Setback none

76-120 (c) Zoning Ordinance

10+ feet

In conformance

Max Height 2 stories or 35'

76-115 Zoning Ordinance

1 story / 25'

In conformance

46 Required 46 Provided (33 on-site, 13 off-site)

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

Attachments 1. Location Map 2. Aerial Map 3. Zoning Map 4. Commercial Site Plan 5. Building Elevations 6. Landscape Plan Staff Contact: Shad Rhoten, AICP Senior Planner Development Services 817.426.9614 [email protected]

In conformance

ATTACHMENT 1 Location Map

ATTACHMENT 2 Aerial Map

ATTACHMENT 3 Zoning Map

ATTACHMENT 4 Site Plan

ATTACHMENT 5 Building Elevations

ATTACHMENT 6 Landscape Plan