Apr 09, 2024 Planning & Zoning Commission

ALL RIGHT. GOOD EVENING EVERYONE.

[00:00:02]

TODAY IS APRIL 9TH, 2024.

FIRST ITEM ON THE AGENDA IS THE INVOCATION.

DAVID, CAN YOU LEAD US THERE? FATHER, WE'RE THANKFUL FOR THE RAIN AND FOR THE REPLENISHMENT OF YOUR RESOURCES HERE, HERE.

AND, LORD, WE PRAY THAT THINGS WILL CONTINUE TO BE SAFE FOR US AS FROM A WEATHER.

LORD, WE THANK YOU FOR THE BEAUTY OF THE WEATHER AND THE BEAUTY OF THE NATURE AROUND US AS SPRING HAS BEGUN.

FATHER, WE THANK YOU FOR TONIGHT, FOR THE PRIVILEGE IT IS THAT WE HAVE BEFORE US TO LOOK AT THESE ITEMS, GIVE US WISDOM, GIVE US UNDERSTANDING.

MAY WE MAKE THE DECISION AS BEST FOR BURLESON.

FOR IT'S IN YOUR NAME WE PRAY.

AMEN. AMEN. PLEASE JOIN ME FOR THE PLEDGE.

I PLEDGE ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA.

AND TO THE REPUBLIC FOR WHICH IT STANDS.

ONE NATION UNDER GOD, INDIVISIBLE.

LIBERTY AND JUSTICE FOR ALL.

ALL RIGHT, MOVING ON TO CITIZEN APPEARANCES.

THIS IS A TIME FOR ANYONE IN THE AUDIENCE TO COME SPEAK ON ANYTHING THAT IS NOT LISTED IN A PUBLIC HEARING.

SO I'LL OPEN IT UP IF ANYONE FROM THE AUDIENCE WOULD LIKE TO COME SPEAK.

LOOK LIKE THERE'S ANYONE.

SO WE'LL MOVE ON TO THE CONSENT AGENDA.

[3.CONSENT AGENDA]

UNLESS SOMEONE FROM THE AUDIENCE, COMMISSION OR STAFF WOULD LIKE TO PULL AN ITEM.

OTHERWISE, I'LL ENTERTAIN A MOTION.

MOTION TO APPROVE.

SECOND. IS THAT YOU BOBBY? ME. OH.

ALL RIGHT, WE HAVE A MOTION BY CLINT AND A SECOND BY MIKE.

ALL IN FAVOR, RAISE YOUR HAND.

PASSES UNANIMOUSLY.

[4.A.Chisholm Summit at 9517 CR 1016 (Case 23-229): Hold a public hearing and consider a recommendation of approval of an ordinance for a zoning change request from defaulted “A”, Agriculture and “PD” Planned Development District to “PD" Planned Development District for the Chisholm Summit master planned community. (Staff Presenter: Lidon Pearce, Principal Planner) ]

CHISHOLM SUMMIT AT 9517 COUNTY ROAD 1016.

CASE 23229.

HOLD A PUBLIC HEARING AND CONSIDER A RECOMMENDATION OF APPROVAL OF AN ORDINANCE FOR A ZONING CHANGE.

REQUEST FROM DEFAULTED A AGRICULTURAL AND PD PLANNED DEVELOPMENT DISTRICT TO PD PLANS.

DEVELOPMENT DISTRICT FOR THE CHISHOLM SUMMIT, MASTER PLANNED COMMUNITY.

STAFF PRESENTER IS LIDON PEARCE.

GOOD EVENING, CHAIR AND COMMISSIONERS.

AS YOU MENTIONED, THIS IS A ZONING CHANGE REQUEST FOR THE CHISHOLM SUMMIT, AH MASTER PLANNED COMMUNITY.

THIS IS GOING TO BE SOME OVERVIEW.

THIS IS THE ZONING.

JUST TO GIVE YOU A LITTLE BACKGROUND.

THERE'LL BE A FEW SLIDES THAT KIND OF JUST GO BREEZE OVER THE ZONING.

AND THE REASON THAT IS, IS BECAUSE THIS IS THE SAME ZONING STANDARDS THAT YOU'VE SEEN IN THE 380, AS WELL AS THE LAST ANNEXATION AND ZONING PHASE.

WE'RE APPLYING THE SAME STANDARDS WITH ONE MINOR CHANGE TO THE ENTIRETY OF WHAT'S ALREADY ANNEXED AND THE FUTURE PHASE TO BE ANNEXED.

SO THIS JUST GIVES YOU A MAP OF THE DEVELOPMENT PLAN AREAS.

SO THIS IF YOU'LL NOTICE, YOU'LL SEE THE LIGHT BLUE KIND OF OUTLINE.

SO THAT IS A COMBINATION OF WHAT IS CURRENTLY IN THE CITY AS WELL AS THE PROPOSED.

SO THE SECOND SLIDE OR THE ONE TO THE RIGHT IF YOU WILL, YOU CAN KIND OF SEE THAT RED WHITE AND BLACK DASH.

THAT'S THE CITY LIMITS.

SO ON THE EASTERN NORTHEASTERN PORTION YOU CAN SEE PARTS THAT ARE BEING BROUGHT IN WITH THE CURRENT EXISTING DEVELOPMENT ZONING.

SO THESE ARE THE SAME PD STANDARDS.

SO THIS PD WE DID NOT CHANGE ANY OF THESE PERCENTAGES.

WE DIDN'T CHANGE THEIR FRONTAGE OR THE LOT SIZES OR THE HOME SIZES.

WHAT WE DID MAKE IS A MINOR CHANGE TO THE SETBACKS FOR THE SFR 60, THE RESIDENTIAL TRADITIONAL.

SO WHEN WE WROTE THIS, WE KIND OF GAVE THEM A JUST A GENERAL SETBACK LIKE YOU WOULD ANY ZONING.

BUT AS WE'VE KIND OF GONE THROUGH AND WE'RE REVIEWING PLATS, WE'RE SEEING THAT THE SFR 60 THERE WILL BE BLOCKS POTENTIALLY WHERE THAT IS MIXED IN WITH OTHER LOT SIZES. SO WE WANTED TO MAKE SURE THAT THE SETBACKS ARE CONSISTENT.

SO THE ONLY CHANGE TO THE ZONING LANGUAGE FROM THE LAST TIME THIS WAS ADOPTED IS THAT THE SFR 60 SETBACK WILL BE 25FT WHEN IT'S MIXED IN WITHIN THE SAME BLOCK LENGTH AS THE SFR 70, 80 OR SFR LOTS.

AND IT CAN BE IT WILL BE 20FT WHEN IT'S MIXED IN WITH THE SFR, A 40 OR 56 LOTS.

SO ALL THAT'S ALL WE'RE DOING IS WHEN IT'S WITH THE WHEN THE 60S KIND OF YOU'RE IN THE MIDDLE ZONING, WHEN IT'S WITH THE MORE DENSE.

WE WANT THE SETBACKS TO BE THE SAME.

SO YOU DON'T HAVE VISIBILITY CONCERNS DRIVEWAYS THAT ARE LONGER AND SHORTER, AND WHEN IT'S MIXED IN WITH A LARGER LOTS, THE SETBACK WILL INCREASE TO 25FT.

[00:05:03]

SO YOU SEE THERE IN THIS GRAPHIC YOU'LL SEE SOME 80S AND YOU SEE THE TOWNHOMES AND WHERE THESE RESIDENTIAL MIXED ARE.

SO WHAT YOU COULD HAVE THERE IS A YOU KNOW HALF THE BLOCK IS FFR 60 AND THEN HALF IS 70.

SO WE DIDN'T WANT TO HAVE TWO DIFFERENT SETBACKS.

SO THAT CHANGE AGAIN THIS IS JUST OVERVIEW OF.

THE EXISTING PARKS AND THE PD.

THE THEMES ANTI MONOTONY STANDARDS.

SO A LOT OF THIS IS JUST.

IF SOMEBODY WAS IN THE AUDIENCE OR WATCHING, THEY HAD NEVER SEEN THE CHISHOLM SUMMIT PD.

JUST TO KIND OF GIVE THEM A LITTLE BIT OF BACKGROUND.

WE DID NOT CHANGE ANY MONOTONY STANDARDS.

SO. WE DID SEND RECENT NOTICES FOR THIS 300FT FOR ALL ADJACENT PROPERTY OWNERS.

I POSTED A SIGN OUT ON THE PROPERTY AND WE PUBLISHED IN THE FORT WORTH STAR TELEGRAM.

SO WE DO RECOMMEND APPROVAL OF THE ZONING ORDINANCE DUE TO THE PD AND THE EXISTING 380.

JUST REALIZE THAT.

DEFAULTED. AG IS FOR THE AREAS THAT'S GOING TO BE ANNEXED.

WHEN THIS MEETS UP WITH CITY COUNCIL IN MAY, AND THEN THE PD TO PD IS THE AREAS WHERE WE'RE MAKING THAT SLIGHT ADJUSTMENT TO THE SETBACKS.

SO WHAT WE.

STAFF'S INTENT WITH THIS, INSTEAD OF AS OTHER PDS THAT YOU MAY HAVE SEEN, WHERE WE MIGHT HAVE EIGHT DIFFERENT ORDINANCES GOVERNING THAT DEVELOPMENT.

AND SO YOU HAVE TO FIGURE OUT WHICH ZONING AS A END USER OR CITIZEN.

THAT CAN BE VERY CONFUSING.

SO WHAT WE'RE DOING WITH CHISHOLM SUMMIT IS EACH TIME WE ANNEX A NEW PHASE IN, WE'RE RE ADOPTING THE PD FOR ALL THE EXISTING PHASES AND THE NEWLY ANNEXED AREA.

THAT WAY, WHEN IT'S ALL SAID AND DONE, THERE'S ONE MASTER ZONING ORDINANCE FOR THE CITIZENS TO USE, DEVELOPERS AND STAFF.

AND I'M HERE IF YOU HAVE ANY QUESTIONS ABOUT THAT OR THE PROCESS AS WELL AS THE APPLICANT.

ALL RIGHT. THANKS, LYNN.

IT'S 6:07.

I'LL OPEN THE PUBLIC HEARING.

IF ANYONE FROM THE AUDIENCE WOULD LIKE TO COME SPEAK.

NOW IS YOUR TIME. I KNOW WE HAVE A THE DEVELOPER, MR. BOND. WHENEVER OR IF I GUESS ANYONE HAS ANY QUESTIONS OR YOU HAVE ANY COMMENTS, FEEL FREE TO STEP UP AND LET US KNOW.

OTHERWISE, I'LL TURN IT OVER TO THE COMMISSION.

I THINK WE'RE ALL GOOD. NO COMMENTS.

ALL RIGHT. IN THAT CASE, I WILL CLOSE THE PUBLIC HEARING AT 6:08 P.M.

AND ENTERTAIN A MOTION.

MOTION TO APPROVE CASE 23-229 AS PRESENTED.

I'LL SECOND. ALL RIGHT.

A MOTION BY DAVID.

A SECOND BY ASHLEY.

ALL IN FAVOR RAISE YOUR HANDS.

PASSES UNANIMOUSLY.

YOU GOT OFF EASY, MR. BOND. ALL RIGHT,

[4.B.Lumberyard at 137 S. Wilson Street (Case 24-041): Hold a public hearing and consider a recommendation of approval of a resolution for a commercial site plan amendment with a waiver to Section 132-115; Accessory building and structure yard regulations. (Staff Contact: Emilio Sanchez, Development Services Assistant Director)]

CASE 24-041.

HOLD A PUBLIC HEARING AND CONSIDER A RECOMMENDATION OF APPROVAL OF A RESOLUTION FOR A COMMERCIAL SITE PLAN AMENDMENT WITH A WAIVER TO SECTION 132-115 ACCESSORY BUILDING AND STRUCTURE.

YARD REGULATIONS.

STAFF. PRESENTER IS EMILIO SANCHEZ.

GOOD EVENING, MR. CHAIRMAN. COMMISSIONERS.

EMILIO SANCHEZ, ASSISTANT DIRECTOR OF DEVELOPMENT SERVICES.

THE REQUEST THAT'S BEFORE YOU THIS EVENING IS A COMMERCIAL SITE PLAN WITH A WAIVER REQUEST TO ALLOW FOR THE CONSTRUCTION OF AN OUTDOOR STAGE AT 137 SOUTH WILSON STREET.

THE APPLICANT IS DEREK SCHILLER WITH THE LUMBER YARD.

A LITTLE BIT OF BACKGROUND.

137 SOUTH WILSON STREET IS THE FORMER MOONTOWER PIZZA.

PRIOR TO THAT IN ITS HISTORY, I BELIEVE THIS PORTION OF THE PROPERTY FOR THE HARDWARE STORE WAS THE AREA WHERE THE LUMBER WAS KEPT FOR THAT HARDWARE STORE, HENCE THE NAME THE LUMBER YARD.

WHEN MR. SCHILLER DECIDED TO OPEN UP A I BELIEVE IT'S A BAR AND RESTAURANT.

THE APPLICANT IS PROPOSING A DETACHED STAGE IN THE FRONT YARD.

AND UNFORTUNATELY, OUR ORDINANCE REQUIRES THAT ANY DETACHED STRUCTURE BE PLACED IN THE REAR YARD OF THE PROPERTY.

AND AS THIS PROPERTY HAS DEVELOPED OVER THE YEARS WITH THE EXISTING STRUCTURES FROM THE HARDWARE STORE THE BACKYARD REALLY BECOMES A SMALL ALLEYWAY AND NOT REALLY ACCESSIBLE TO THE PUBLIC FOR AN OUTDOOR PATIO, AS THE ORDINANCE REQUIRES.

[00:10:10]

AGAIN, THAT'S SECTION 130 2-115.

THAT SPEAKS ABOUT THE DETACHED ACCESSORY STRUCTURES HAVING A FRONT YARD NO LESS OR NO GREATER THAN THE MAIN STRUCTURE OF THE BUILDING.

AGAIN, THAT ALSO GIVES YOU AN INDICATION OF AN AERIAL VIEW.

LET'S SEE IF I CAN HOVER MY MOUSE.

THIS WOULD BE CONSIDERED THE BACKYARD.

AND IT'S JUST NOT CONDUCIVE TO HAVING AN OUTDOOR PATIO.

I THINK CURRENTLY THERE'S SOME STORAGE FOR THE BUSINESS THERE.

AND I BELIEVE THIS PORTION OF THE BUILDING IS ALSO PART OF THE KITCHEN AS WELL.

SO SOME OF IT'S THE KITCHEN, SOME OF IT'S OPEN FOR STORAGE.

STAFF RECOMMENDS APPROVAL OF THE RESOLUTION FOR COMMERCIAL SITE PLAN AMENDMENT, WITH THE WAIVER ALLOWING FOR THE DETACHED STRUCTURE TO BE PLACED IN THE FRONT YARD, THE REASONING BEING THAT THE REAR YARD AGAIN IS NOT REALLY ACCESSIBLE IN THIS CASE FOR THIS PROPERTY.

JUST HOW IT'S DEVELOPED OVER THE YEARS.

AND THE APPLICANT ALSO SUBMITTED AN ANALYSIS FROM AN ENGINEER STATING THAT THE PROPOSED STRUCTURE WOULD NOT CREATE ANY ADVERSE IMPACT TO HIS NEIGHBORS DOWNSTREAM OR UPSTREAM FOR THE RUNOFF.

I'M HERE TO ENTERTAIN ANY QUESTIONS, AND I DON'T BELIEVE THE APPLICANT IS IN THE AUDIENCE.

ALL RIGHT. THANK YOU SIR.

I'LL OPEN THE PUBLIC HEARING AT 6:11 P.M..

HAVE NO ONE IN THE AUDIENCE.

SO I'LL GO AHEAD AND TURN IT OVER TO THE COMMISSION FOR ANY QUESTIONS.

ONE QUESTION. THEY'RE ASKING TO BUILD AN OUTDOOR STAGE.

RIGHT? YES, SIR.

IS. AND WHILE THERE'S NO ADVERSE WATER RUNOFF, IS IS THERE ANY KIND OF ORDINANCES THAT THEY MAY BE VIOLATING FOR SORT OF NOISE AND PEOPLE LIVING NEARBY? I MEAN, BECAUSE I THINK THERE'S ACTUALLY A RESIDENTIAL HOUSE RIGHT ACROSS THE STREET.

AND, AND I KNOW THERE'S LOTS OF PLACES, YOU KNOW, HOUSES AND RESIDENTIAL AREAS WITHIN, I DON'T KNOW, 100FT OF THERE.

SO 200FT.

SO THAT WOULD BE BOUND BY THE NOISE ORDINANCE, THE VIOLATIONS THAT WE CURRENTLY HAVE IN THE CODE OF ORDINANCES FOR TIME FRAMES.

WE DID ASK STAFF DID ASK FOR ANY SOUND ENGINEERING THAT THEY MAY HAVE HAD FROM AN OUTSIDE CONSULTANT THAT MAY HAVE LOOKED AT THIS AND THE POSSIBILITY OF OF THE SOUND BOUNCING BACK OFF OF THE WHAT'S CURRENTLY THE SPICE RACK BUILDING AND BACK INTO THE RESIDENTIAL DISTRICT. AND THE APPLICANT HAS NOT PROVIDED THAT INFORMATION TO STAFF.

OKAY. THANK YOU.

I'VE SPOKEN WITH THE APPLICANT, AND HE DID SAY THAT THEY HAVE BEEN WORKING WITH SOMEBODY, TALKING TO HIM, AS ONE OF MY QUESTIONS WAS ABOUT THE NOISE.

I KNOW THAT THEY CAN OFFSET SOUND BARRIER WALLS AND STUFF LIKE THAT, WHICH I KNOW YOU'RE AWARE OF.

AND THE PROPERTY IS DIRECTLY RIGHT BEHIND IT.

THE BUILDING OWNER ACTUALLY OWNS THAT.

THAT'S ONE OF HIS RENTAL HOMES. BUT THAT WAS ONE OF MY CONCERNS.

AND A LOT OF TIMES WHAT THEY DO IS THEY RECOMMEND CARRY WITH A HANDHELD NOISE DEVICES.

THE. YES.

AND THE POLICE USE THE SAME THING, BUT IT'S FOR ALL THE BAR OWNERS, ANYBODY THAT HAS ANYTHING, OUTDOOR ACTIVITIES, THEY USUALLY RECOMMEND EACH OF THE BUSINESSES HAVE THEIR OWN. ANY OTHER COMMENTS? ALL RIGHT. CLOSE THE PUBLIC HEARING AT 6:14 P.M.

AND I'LL ENTERTAIN A MOTION.

I'LL MAKE A MOTION TO APPROVE.

WELL, WHAT IS IT? CASE NUMBER 24-041, THE LUMBER YARD AT 137 SOUTH WILSON STREET.

I WILL SECOND. A MOTION BY MICHAEL AND A SECOND BY ASHLEY.

ALL IN FAVOR, RAISE YOUR HANDS.

PASSES UNANIMOUSLY.

ALL RIGHT. THERE ARE NO REPORTS AND PRESENTATIONS, NO COMMUNITY INTEREST ITEMS, AND NO RECESS INTO EXECUTIVE SESSION THIS EVENING.

SO I'LL ADJOURN THE MEETING AT 6:15 P.M..

THAT WAS A LOT FASTER THAN I THOUGHT IT WAS.

* This transcript was compiled from uncorrected Closed Captioning.