HomeMy WebLinkAboutMinutesSection 14 of the Zoning Ordinance authorizes the existence of conditional uses.. The Commission may
permit a conditional use subject to appropriate conditions and safeguards, when after public notice and
hearing'the Commission finds that:. (Staff comments are in italics)
1. "The;proposed use meets .all the minimum standards established in .the ordinance for the type of
use proposed." The applicant will return to the Commission for final site: plan approval.
2. "That the proposed use meets the purpose and intent of the ordinance and is in harmony with the
development policies and goal and objectives as embodied in the Comprehensive Plan for Development
of `the City." The Land Use Plan reflects the area as residential and chzrrches are generally
considered compatible uses with residential as long' as potential negative impacts are mitigated
3. "That the proposed use will .not be detrimental to the health, welfare, and safety of the
surrounding neighborhood or its occupants, nor be substantiahy or permanently injurious to neighboring
property." The public hearing is an opportunity for the Commission to measure the. potential impact
on surrounding land uses.
"The Commission may impose additional reasonable restrictions or conditions to carry out the spirit and
intent of the ordinance and to mitigate adverse effects of the proposed use. These requirements may
include, but are not limited to, increased open space, loading and parking requirements, additional
landscaping, and additional .improvements such as curbing, sidewalks and. screening." In the past, the
Commission has required .additional site improvements such as fences or vegetative .buffers to screen
adjacent residential areas from a new conditional use or an expansion.
Chairman Massey: opened the public hearing.
Constantin Barbu, Architect for the project, explained .that. the intent of the fellowship hall is to be able
to hold meetings without opening the church during the week.. In the past the church would have to be
"rearranged" with tables and chairs for these types of meetings which was quite an inconvenience. He
said that there is currently on-street parking for this site. He said that this addition would not increase
tci number of members to the church. A parking lot plan will be included with the site plan.
.airman Massey closed the public hearing.
Commissioner Maloney moved to approve the use only request as submitted. Commissioner ..Garner
seconded the motion which passed unopposed (5-0).
AGENDA ITEM NO. 3: Consideration of a Preliminary Plat for the Harley Subdivision
consisting of 14.57 acres. and a public hearing .and consideration of rezoning of approximately
6.32 acres out of the total. 14.57 acre tract,_ail located on the east side of Highway 6
approximately 4000 feet south-of the Rock Prairie Road and Highway 6 intersection from A-O
Agricultural Open o C-1 General Commercial. (98-112 & 98-319)
City Planner Kee presented. the-staff report and stated that the applicant submitted this request to allow
for the development of a Harley motorcycle dealership. .The preliminary. plat includes the proposed
dealership site and two adjacent tracts hat formed part of the parent tract. Staff reviewed this plat and
requested several .revisions. :The revised plat (included in the Commissioner's packets) shows
compliance with the City' Subdivision Regulations, with a few exceptions. Some revisions stillneed to
be made.
P&Z Minutes August 6, 1998 Page 2 oj6
Ms. Kee said that the'dealership is to be located on 6.32 acres immediately adjacent to the Silk Stocking
nightclub. The nightclub is currently zoned A-0 and is reflected as regional retail on the Land Use Plan.
To the west there is a vacant strip of C-3 and A-P zoning extending to the future Barron Road
overpass. The rezoning request is incompliance with the Land Use plan:
Staff recommended approval of the rezoning request. Staff also recommended approval of the
preliminary plat with the following: conditions:
1. The remaining acreage be labeled as lots or reserve tracts.
2. A note be added to the plat stating that FEMA's hydraulic study be continues upstream to determine
the I00 year floodplain at such time when either Lot 2, Block 1 or the remaining. acreage tot he
north is final platted.
3. The 100 year floodplain note on the plat be revised since it is unknown whether floodplain exists on
Lot 2, Block 1 or the remaining acreage to the north.
Chairman Massey openedthe public hearing. Seeing no .one present to speak in favor of or opposition
to the request the .public hearing was closed.
Commissioner. Mooney moved to recommend approval of the rezoning. request and approve the
preliminary plat with the conditions as stated by staff. Commissioner Parker seconded the motion which
passed unopposed (5-0).
AGENDA ITEM NO. 4: Consideration of signage and building colors for anew restaurant
located in the Wolf Pen Creek Corridor. (98-426)
City Planner Kee presented the item and stated that the Wolf Pen. Creek Design Review Board met to
look at the color and signage for the "Clay Oven",anew Indian restaurant to be located at 1905 South
Texas Avenue, formerly Kokopellie's. The new tenants, Mr. and Mrs. Oberoi, .painted the building
:from its existing sand color to the blue witha sand..stripe before realizing. the need to go through the
review' process. They came in once they were made aware of the Sneed for review. Ms. Kee explained
that -the Design Review Board made: a motion to approve the replacement of the freestanding sign and
to leave the blue color on the::building with the. exception that the. front architectural feather (the
attached arch) would be painted to match the sand colored` stripe that goes around the building. The
tenants were advised that any dead landscaping materials must be replaced-and that the Commission has
the final say over the signage and colors. The new restaurant owners intend to open for business
around August 10, 1998.
Commissioner Garner moved to approve the signage and building color as presented. Commissioner
Maloney seconded the motion which passed unopposed (5-0).
AGENDA ITEM NO. 5: Consideration of a Preliminary Plat for the Woodcreek Subdivision,
Sections 10-A and 10-B consisting of 29.114 acres divided into. 76 single-family lots located near
the east end of Woodcreek Drive and bounded by the Fogfire Subdivision to the east. (98-316)
Transportation Planner. Hard. presented the staff report and .stated that the preliminary plat is for the
development of the last remaining sections for the undeveloped portion of the Woodcreek Subdivision.
P&Z Minutes August 6 1998 Page 3 oj6