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HomeMy WebLinkAboutP&Z MN 07-16-07 PLANNING AND ZONING COMMISSION UNIVERSITY PARK, TEXAS MINUTES July 16, 2007 The Planning and Zoning Commission of the City of University Park met on Monday, July 16, 2007 at 5:10 P.M. in the City Hall Modular Building, 3800 University Blvd., University Park, Texas. The following are minutes of that meeting. Commission Members Attending Robert H. West - Chairman Reed Shawver, III Randy Biddle Bill Foose Doug Roach Staff Members Attending Harry Persaud - Community Dev. Mgr Lorna Balser - Planning Assistant Rob Dillard, City Attorney Present and Seated Jerry Jordan Bea Humann Ed Freeman Mr. West opened the meeting, welcomed everyone in attendance and then read the specifics of the first case. PZ 07-010: Hold a public hearing and consider a request by Marc Jennings, representing LL Douglas LP, to amend the detailed site plan for Planned Development District PD-2- R, to provide for a banking facility with drive thru lanes at 4301 Lovers Lane and located on the South side of Lovers Lane, West of Douglas Avenue. The subject tract is zoned PD-2-R and owned by LL Douglas LP. Harry Persaud gave a brief overview of the bank site plan and introduced Marc Jennings who in turn introduced Mr. Frank Bullock who represented Century Bank. Mr. Jennings illustrated the bank location at Douglas and Lovers with PowerPoint. He reviewed the site locations challenges as well as the new proposals for the site with curbed areas and landscaping. Mr. West then opened up the item to public discussion. George Buxby, owner of Gordos Restaurant at the subject site came forward. He advised the commission members that he will be compensated to move his restaurant and that besides himself, all his employees and partners are in favor of the approval of the bank site plan. Benton Rutledge who resides at 3428 Southwestern came forward. He stated a concern for parking to the west side of the site in the Petco Parking lot which mayor may not be available for additional parking in the future. Steve Metzger, on behalf of the owner at 4300 Lovers (Park Cities Bank) came forward 1 and spoke about the congestion which currently exists at the intersection of Lovers and Douglas. He stated that the PD does not allow a bank with a drive through. Rob Dillard, City Attorney stated that the PD does allow any use within the district. Harry Persaud verified the PD requirements. Bob West asked Harry Persaud if the building meets all the required setbacks. Harry Persaud verified that it does. Mr. West then closed the public discussion for the item. Randy Biddle made the motion to approve the site plan for the bank at 4301 Lovers. Bill Foose seconded the motion and the motion was passed 5-0. Mr. West then read the specifics ofthe next case. PZ 07-011: Hold a public hearing and consider an Ordinance of the City of University Park, Texas, amending the comprehensive zoning ordinance of the City of University Park, as heretofore amended, by amending Section 40 to provide a new definition of family; amending Section 22-101 (2) (a) to provide for a maximum height of buildings in multiple-family dwelling districts; amending Section 21-101 (b) to provide a new maximum top plate line height in multiple-family dwelling districts; providing for the repeal of all ordinances in conflict; providing a severability clause; providing for a penalty of fine not to exceed the sum of two thousand dollars ($2,000.00) for each offense; and providing an effective date. Harry Persaud first reviewed the purpose of the amendment to the zoning ordinance which addresses the definition of family. Dan Sefko, consultant for the city was introduced and addressed the current definition of "Family" and keeping with the mainstream of what other towns are doing to address the issue. Mr. Sefko recommended allowing "3" unrelated individuals to occupy a dwelling unit but later defined it more closely by looking at what a "functional family unit" is. Secondly, the proposal for changing the maximum building height and plat line height in the Multi-Family districts was reviewed through a PowerPoint presentation by Dan Sefko. Bob West asked for those in favor or opposition to come forward to the podium. Ms. Susan Wilson who resides at 3312 Westminster came forward to address the committee. She stated a concern for those homes in single family districts which have parking issues. She presented pictures to document the problem. Ms. Wilson noted that there is no definition of a "single family" in the University Parking zoning ordinance. The U.S. Supreme Court is investigating this important issue and therefore she recommended for the committee to leave the ordinance as it presently exists with "2". Bob West asked if there is a particular Supreme Court case which is being investigated. Susan Wilson stated that it deals with gay people and clarification of "family". Mr. James Gamer who resides at 3120 Milton came forward to address the committee. He is a former member of the Dallas Planning & Zoning and questioned the definition of "family" in Multi-Family districts vs. Single Family districts. He advised the city that that SMU only offers housing to 7% of the students after their freshman year. By allowing more students per unit, parents of the students have to pay less rent. Mr. Gamer 2 stated though that University Park is primarily a single-family city. He concluded that he likes UP like it is. He suggested the change in the multi-family districts provided that the parking works with the change. Luanne Sills who resides at 3328 Westminster came forward and stated that she has 3 girls who live next door and there is an ongoing problem with parking. Ed Merritt who resides at 3524 Asbury came forward to speak and asked that there be clarification to the application and asked that it not apply to the SF-A districts. He is opposed to the change of"3". Jerry Jordan who resides at 3624 Hanover stated that a change in the definition of family would change the ambiance and nature of University Park's neighborhoods as it relates to the neighborhood structure. He stated that the city has received a bunch of complaints but that it does not mean that the city needs to change the zoning ordinance. He asked that the P&Z members remain responsible to themselves for their vote. Bob West closed the public hearing and asked for discussion from members of the Commission. Doug Roach stated that he was not opposed and does not find 3 unrelated people living together out of the ordinary. Bill Foose stated that the real problem with the proposed ordinance lies in the Multi- Family districts. Rob Dillard added that the reality of what is happening in UP and all around the city has left the definition outdated by the facts of life. He stated that there has not been much of a problem within the single-family districts because of the cost of the homes. It was also noted by Rob Dillard that the current definition was put into effect in the 1960's before kids had cars. Bill Foose stated that he felt that the item needed further studies done. He said that UP cannot really accommodate university apartments. Randy Biddle stated that the commission should first deal with the subject of building height and plate line height. Bob West consulted with Rob Dillard as to whether or not Planning & Zoning could separate the items in PZ-07-011. Rob Dillard stated that it could be split up and that they could vote on the items one at a time. There was much discussion among the members as to how to go about doing the split. Bill Foose made the motion for denial of the zoning ordinance amendment but for council to look at applying the definition described in the ordinance to the multi-family districts and to leave the current definition to apply to single-family districts. Randy Biddle seconded the motion and the motion was passed 3-2 with Doug Roach and Reed Shawver opposmg. Randy Biddle made a motion to approve the 2nd item of the amendment concerning building height in multi-family districts. Bill Foose seconded the motion and the motion was passed with a 5-0 vote. Bill Foose made a motion to approve the 3rd item of the 3 amendment concerning plate line height in multi-family districts. Randy Biddle seconded the motion and the motion was passed with a 5-0 vote. Mr. West then read the specifics of the next case. PZ 07-012: Hold a public hearing and consider a request by Analytical Surveys, Inc., representing the property owner J. Gregory Homes, Inc., and requesting a replat of Lot 4, Block 4, Wesley Place, being an Addition of the City of University Park, more commonly known as 3528 Asbury Street. The replat will subdivide the lot into two single family attached lots located in Planned Development District PD-6 zoning district classification. A variance is not required for the approval of this replat. Mr. West asked Harry Persaud if the plat met the requirements of the city. Mr. Persaud responded that it did. Bob West closed the public hearing. Bill Foose made a motion to approve the replat. Randy Biddle seconded the motion. With a vote of 5-0, the motion was passed with a 5-0 vote. Mr. West then read the specifics of the next case. PZ 07-013: Hold a public hearing and consider a request by Analytical Surveys, Inc., representing the property owner J. Gregory Homes, Inc., and requesting a replat of Lot 10, Block D, University Annex, 2nd Installment, being an Addition of the City of University Park, more commonly known as 3425 Granada Avenue. The replat will subdivide the lot into two single family attached lots located in Planned Development District PD-6 zoning district classification. A variance is not required for the approval of this replat. Mr. West asked Harry Persaud if the plat met the requirements of the city. Mr. Persaud responded that it did. Bob West closed the public hearing. Bill Foose made a motion to approve the replat. Randy Biddle seconded the motion. With a vote of 5-0, the motion was passed with a 5-0 vote. Mr. West then read the specifics of the next case. PZ 07-014: Hold a public hearing and consider a request by Analytical Surveys, Inc., representing the property owner J. Gregory Homes, Inc., and requesting a replat of Lot 11, Block B, University Annex, 2nd Installment Revised, being an Addition of the City of University Park, more commonly known as 3443 Asbury Street. The replat will subdivide the lot into two single family attached lots located in Planned Development District PD-6 zoning district classification. A variance is not required for the approval of this replat. Mr. West asked Harry Persaud if the plat met the requirements of the city. Mr. Persaud responded that it did. Bob West closed the public hearing. Randy Biddle made a motion to approve the replat. Doug Roach seconded the motion. With a vote of 5-0, the motion was passed with a 5-0 vote. Mr. West then asked for approval of the minutes from the June 18, 2007 meeting with 4 any comments or changes. With no comments or changes, Reed Shawver made a motion to approve the minutes. Randy Biddle seconded the motion and the motion was passed with a 5-0 vote. With there being no further business before the Board, Mr. West adjourned the meeting. au /.//[;J- Robert H. West, Chairman Planning & Zoning Commission tlu+v;f 2 ~ 100 7 Date I 5