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HomeMy WebLinkAboutPZmin2009-08-04MINUTES PLANNING AND ZONING COMMISSION Regular MEETING August 4,2009 The Planning and Zoning Commission of the City of Anna held its regular meeting on Tuesday, August 4,2009,at 7:00 p.m.,at the Community Room of the Anna City Hall Administration Building located at 111 North Powell Parkway (Hwy 5),to consider the following items. 1.Call to order and establishment of quorum. The meeting was called to order at 7 :00 p.m.by Chairman Pennington.Members present were Nancy Pennington,David Woods,Michael Quint,Joe Osborn,Bently Powell,John Mathews,Alan Marter and Keith Green as the City Council Liaison.Staff members present were Maurice Schwanke and Tana Ross. 2.Citizen comments and/or other presentations. Mr.Schwanke reminded the Commission of the 2009 Small Town Planning Workshop, Saturday,August 15th,at McKinney.He discussed regarding changing the day of the P&Z meetings to the first Monday of each month,starting the beginning of next year and asked the Commission if changing the day to Mondays was agreeable with everyone. 3.Consider/Discuss/Act on recommendation regarding are-plat of "The Falls",Phase lA,Lot 20,Block D". Mr.Schwanke noted that "The Falls"re-plat was previously reviewed at the July meeting of the Planning and Zoning Commission and tabled at the request of the representatives.He gave a brief power point presentation and noted that the re-plat was brought back with corrections made concerning the two variance request.He also noted that building setbacks have been established on the plat that will not allow buildings to be closer than where they would be if the variances were not approved and that staff recommended approval of the plat with the variances.He informed the Commission that representatives of the owners of the property were present ifhad any questions concerning the plat. Following a brief discussion,a motion was made by Mr.Osborn to recommend to Council approval ofthe re-plat.Mr.Woods seconded the motion,which passed by the following vote:7 aye 0 nay 0 abstained 4.(a)Public Hearing To consider an amendment to the Anna City Code of Ordinances,amending Part 111- C Zoning Ordinance,Section 4,Definition of Use and Non Conforming Use;and Sections 36 and 39,Nonconforming Uses and Certificates of Occupancy. PZC Agenda 08-04-09.doc Page 1 of 3 08-04-09 The Public Hearing opened at 7:07 p.m. Mr.Schwanke noted of the discrepancies in the way the existing ordinance is written and gave a brief presentation regarding the amendments and answered questions from the Commission.The proposed amendment to the zoning definitions clarifies the meaning and intent of the word "use &nonconforming use"in the above referenced sections of the Anna Code.Additionally,in Section 39,additional amendments are being proposed that are consistent with the definitions. Members of the Commission expressed concerns with the wording of the new amendments and questioned if some of the verbiage should be change regarding a time frame concerning Section 3,Penalty adding the word "daily"to the violation portion of the ordinance. The Public Hearing closed at 7:10 p.m. (b)Consider/Discuss/Act on recommendation regarding the above referenced proposed amendments to the Zoning Ordinance. Following a brief discussion,a motion was made by Mr.Osborn,seconded by Mr.Quint to recommend approval of proposed ordinance with the condition that the word "daily"be added to Section 3,Penalty concerning the violation.The motion passed unanimously. Mr.Schwanke pointed out the section of the Anna Code that addressed the violation language. Mr.Osborn made a motion to withdraw the motion concerning the conditions,seconded by Mr.Woods with a unanimous vote. Mr.Osborn made a motion to recommend to Council approval of the proposed ordinance. Mr.Woods seconded the motion,which passed by the following vote: 7 aye 0 nay 0 abstained 5.a)Public Hearing To consider public comment regarding zoning change amending the Comprehensive Plan on a portion of Block B,Lot 32 of Settlers Way Addition by a request from Ellen Beeny,representing O'Riley Automotive and representative for T &TRacing Enterprises Inc,owner of property,changing a portion of the existing Planned Development (PD)zoning to Restricted Commercial (Cl)zoning.The property is located north of West White Street and east of Buffalo Bill Drive. The Public Hearing opened at 7:31 p.m. Mr.Schwanke gave a brief power point presentation regarding the proposed zoning.He stated that the property is currently zoned for Single Family Residential,and is located north of West White Street and east of Buffalo Bill Drive.The requested zoning is for "C-l" PZC Agenda 08-04-09.doc Page 2 of 3 08-04-09 zoning on the western half of Lot 32,Block B of the Settlers Way Addition to allow for the retail sales.When this property was platted the configuration was not planned for future residential development with the lot facing toward a future 6 lane divided thoroughfare with no planned access to the interior ofthe subdivision.The proposed Future Land Use Plan recommends this tract for commercial development.Mr.Schwanke noted that the Staff is in support of the request David Strong,representative for the O'Riley Auto Parts,gave a brief presentation and answered questions from the Commission. Two residents that live on Wyatt Earp and backup to the site expressed their concern about a commercial use behind their residence.Several Commission members discussed concerns regarding a business backing up to residential uses and the placement of dumpsters. The Public Hearing closed at 7:58 p.m. (b)Action Consider/Discuss/Act on recommendation regarding zoning change amending the Comprehensive Plan on property generally located north of West White Street and east of Buffalo Bill Drive changing the existing Planned Development zoning to Restricted Commercial zoning. After a brief discussion,a motion was made by Mr.Powell to recommend to Council approval of zoning request.Mr.Woods seconded the motion which passed by the following vote:4 aye 2 nay (Osborn,Quint)1 abstained (Pennington) 6.Consider action to approve Minutes of the July 7,2009 meeting. A motion was made by Mr.Powell to approve Minutes of the July 7,2009 meeting as submitted.Mr.Osborn seconded the motion,which passed by the following vote: 7 aye 0 nay 0 abstained 7.Adjourn There being no further business,a motion was made by Mr.Osborn,seconded by Mr. Woods to adjourn the meeting.The meeting was adjourned at 8:06 p.m. iJ~~ Director of Planning &Development PZC Agenda 08-04-09.doc Page 3 of 3 08-04-09