mustang planning commission · 2015. 5. 6. · 1. rezoning application rz-3-13-15-1-34, crt...

CITY OF MUSTANG PLANNING COMMISSION

MUSTANG MUNCIPAL BUILDING CITY COUNCIL CHAMBERS

1501 N. MUSTANG ROAD

MUSTANG, OK 73064

MEETING OF MAY 12, 2015

Time 7:00 p.m.

AGENDA

I. CALL TO ORDER

II. PLEDGE OF ALLEGIANCE

III. ROLL CALL

IV. APPROVAL OF MINUTES: Approval of minutes from the April 14, 2015 Planning Commission meeting.

V. INTRODUCTION OF GUESTS AND VISITORS/HEARING OF CITIZENS AND DELEGATES

VI. PUBLIC HEARING, DISCUSSION, CONSIDERATION AND RECOMMENDATION ON:

1. Rezoning Application RZ-4-16-15-1-35, 1404 E. State Highway 152, Viva Mustang, LLC – Gerardo Villasenor, Manager, C-3, Commercial General District to C-4, Shopping Center District.

2. Short Form Subdivision Application LS-3-31-15-1-36, 1202 S. Morgan Road, Lorie Torres, Approximately 3.04 acres into 2 tracts, .83 acres and 2.21 acres approximately.

3. Conditional Use Permit Application CUP-4-9-15-1-31, 1716 W. State Highway 152, Diane Stafford, Garden Supply Store.

4. Preliminary Plat Application PP-9-23-14-1-30, Hunter’s Springs Addition, Rausch Coleman Development Group, 222 lots.

5. Final Plat Application FP-9-23-14-1-30, Hunter’s Springs Addition, Rausch Coleman Development Group, 123 lots.

VII. NEW BUSINESS

VIII. COMMISSIONER, STAFF COMMENTS

IX. ADJOURNMENT

“ The City of Mustang encourages participation from all its citizens. If participation at any public meeting is not possible due to a disability, notification to the City Clerk at least 48 hours prior to the scheduled meeting is encouraged to make the necessary accommodation. The City may waive the 48 hours rule if signing is not the necessary accommodation.”

DATE POSTED ______________________ TIME _____________ INITIALS _________

PLANNING COMMISSION MEETING

MINUTES APRIL 14, 2015

The Mustang Planning Commission met in a regular session on Tuesday, April 14, 2015 at 7:00

p.m. at the Mustang Municipal Building, City Council Chambers at 1501 N. Mustang Road.

Notification of the meeting was posted Wednesday April 8, 2015 in the foyer of the Mustang

Municipal Building in compliance with the Open Meeting Act (25 OAS, Section 301, et. seq.)

I. CALL MEETING TO ORDER: Chairman Billy McDaniel called the meeting to order at

7:00 p.m.

II PLEDGE OF ALLEGIANCE

III. ROLL CALL

MEMBERS PRESENT:

Commissioner Billy McDaniel, Chairman

Commissioner Jesse Bratton

Commissioner Brett Brown

Commissioner Dan Hix, Secretary

Commissioner Brad Homer, Vice-Chairman

Commissioner Jan Yakish

MEMBERS ABSENT: None

STAFF PRESENT: Melissa Helsel, Community Development Director

Gayla Early, Office Administrator

Jerry Calloway, Audio/Visual Technician

CITY ATTORNEY: City Attorney, Jonathan Miller, was in attendance.

IV. APPROVAL OF MINUTES: Approval of Minutes from March 24, 2015 Planning

Commission Meeting.

Commissioner Homer made a motion to approve the minutes from the March 24, 2015

Planning Commission meeting and Commissioner Bratton seconded the motion. The motion was approved unanimously.

V. INTRODUCTION OF GUESTS AND VISITORS/HEARING OF CITIZENS AND

DELEGATES:

VI. PUBLIC HEARING, DISCUSSION, CONSIDERATION AND

RECOMMENDATION ON:

1. Rezoning Application RZ-3-13-15-1-34, CRT Express/Carol January, 318 E. State Highway 152, C-2, Commercial Neighborhood District to C-5 Commercial Intensive District.

Community Development Director Melissa Helsel provided a brief overview of the location of the property in the rezoning application. This property is located just east of Swadley’s Restaurant and contains approximately 1.42 acres in total. They are requesting a change in zoning classification from C-2, Commercial Neighborhood District to C-5, Commercial Intensive District. The property owners have just completed a demolition of the structure that was located on the property and have cleaned the site. The applicant intends to sell the property when it is rezoned. If developed at a C-3 through C-5 level, the developer would be required to place at least a 6-foot masonry fence wherever it abuts a residentially-zoned district. Staff has not received any calls of concern about the item, and there are no protesters in the audience tonight. The general character of the area is low density residential and commercial. The property to the north is zoned PUD, to the east is R-1, to the south is R-1 and to the west is C-5. The long-range plan calls for commercial/retail development in this area, so the request does conform to the comprehensive plan. Staff suggests considering approval of this rezoning application at the C-3 level if the applicant agrees to the amendment. The land abuts residential property along the east side and south side. Chairman McDaniel opened the public hearing. Hearing no comments, Mr. Hix made a motion to close the public hearing. Mr. Homer seconded the motion. The motion was approved unanimously. Mr. Homer stated that he was on the commission when they rezoned the Swadley’s restaurant property. He said that several neighbors showed up to protest that rezoning at the meeting. He figured that they must be pretty good neighbors since no one has shown up to protest this rezoning. Mr. Homer said that he drove by there today and noticed the house was demo’d. Mr. McDaniel discussed all the uses that can be put in a C-5 zoning district. His feeling is that some of those uses would not be appropriate next to a residential area. He feels that C-3 includes a lot of uses, and if the potential buyer would like a use on review, or a higher zoning category, they can come back before the commission. Mr. Hix agreed with Mr. McDaniel on the C-3. He feels that C-5 allows such heavy commercial uses that it might not be compatible with the adjacent residential uses. Any future buyer could always come back with a specific use for rezoning or special permit. Mr. Bratton agreed that he thought C-3 was more appropriate in this area.

Ms. Yakish agreed that C-3 would be more appropriate for this lot. If a future buyer wants to come forward in the future to request a C-4 or C-5 with a specific use in mind, that would be more fair to the neighboring residents and to the city. Mr. B. Brown stated that he’s noticed something about commercial real estate. If it is zoned C-3, it can be marketed in such a way that potential buyers know that there would be the possibility of rezoning to PUD or a higher zoning classification. He doesn’t think C-3 would hurt the market value of the property. Mr. McDaniel called the applicant to the podium to ask if they would consider amending their application to request C-3 zoning. Kathryn Bennett came forward on behalf of the applicant. Ms. Helsel stated that she has shown power of attorney to act on behalf of the applicant. She and her husband live at 2443 E. Brook Terrace in Mustang. They have lived in Mustang for a very long time. She said that they have torn the house down and the property looks fabulous. They want a nice use to go in there, and they understand that a future buyer could come back and apply for a special permit or rezoning. Ms. Kathryn Bennett amended the application from C-5, Commercial Intensive District to C-3, Commercial General District. Mr. B. Brown asked, if the applicant amends her application to C-3 here, could it go on to City Council next week for a C-5? Mr. Miller stated that no, it would go to Council as a C-3, but that in the future, they could come back to request C-4 or C-5. Mr. B. Brown made a motion to recommend approval of this amended rezoning application to the City Council at the C-3 level. Mr. Bratton seconded the motion. A roll call vote was taken:

Jan Yakish Yes

Dan Hix Yes

Jesse Bratton Yes

Brett Brown Yes

Brad Homer Yes

Billy McDaniel Yes The motion passed 6– 0. Mr. McDaniel announced that this item would be heard at the City Council meeting next week, on April 21

st.

2. Rezoning Application RZ-3-19-15-2-27, Sam Al-Zubi, 201 N Pine Terrace, R-E, Rural Estates District to C-3, Commercial General District.

Community Development Director Melissa Helsel provided a brief overview of the location of the property in the rezoning application. This applicant had previously request a change to C-5 zoning for this property, but the application was denied. The property owner has lowered his request to C-3 in this application. The property is

approximately 2.72 acres and is located behind the Bronco 66 Service Station at State Highway 152 and N. Pine Terrace. The purpose of the rezoning is to allow the property owner to request a conditional use permit for mini-storage. However, is approved, this property could be used for any C-3 zoning category. At a C-3 level, the property owner would still be required to erect the masonry fence on residential sides. The property to the north, west and east are zoned R-E, and to the south is C-4. The long-range plan calls for low-density residential development in this area, so the request does not conform to the comprehensive plan. At the C-3 level, staff did not receive any calls of protest. At the C-5 level, staff did receive a lot of calls. The pastor of the church to the east did write a letter expressing his concern about the mini-storage and possible outside storage. The letter is included in the packet. Staff would recommend approval at the C-3 level. Mr. Homer asked if they would be required to place a 6-foot masonry fence on the east side. Ms. Helsel said they would not, because of the road. She said that the applicant may choose to put one there for security purposes. Chairman McDaniel opened the public hearing. Hearing no comments, Mr. Homer made a motion to close the public hearing. Mr. Hix seconded the motion. The motion was approved unanimously. Mr. Homer stated that he had driven out to the property over the last week. He noticed trash and junk behind the Bronco Stop. He is concerned that if the property owner kept that much trash and junk behind his property, that he might not keep the mini-storage or other development on the property in good condition. He pointed out old vending machines, brush hogs, ice machines and other junk in poor condition. He is concerned about whether the applicant should be allowed to put in another business in that area given the condition of his existing business. Ms. Yakish agreed with Mr. Homer. She is concerned about this use around housing. She is concerned about the image the existing business is giving. Mr. B. Brown pointed out that he feels that a new business back there might help the residential neighbors to the south, by creating a buffer for trash. He thought a mini-storage might give the business owner a place to store that trash. He pointed out that this property isn’t really big enough to do outside storage. He said that with this small site, it makes more sense to put it all under roof. He is in favor of a C-3 zoning change. Mr. Homer stated that he is not so concerned about the zoning change, but with the eyesore that is already there. He doesn’t want that to continue or spread. Mr. McDaniel expressed his opinion that this would not be optimal residential land. He is in favor of a commercial zoning change.

Mr. B. Brown made a motion to recommend approval of this zoning application to the Mustang City Council. Mr. Hix seconded the motion. A roll call vote was taken:

Jan Yakish Yes

Dan Hix Yes

Jesse Bratton Yes

Brett Brown Yes

Brad Homer Yes


st.

3. Conditional Use Permit Application CUP-3-19-15-1-27, Sam Al-Zubi, 201 N Pine

Terrace, Mini-Storage. Ms. Helsel explained the conditional use permit process. She explained that a mini-storage is a use under review in C-3 zoning districts. This process allows the City Council to place conditions on the permitted use and review the application every two years for compliance. She delivered the staff report stating that this application is also for 201 N. Pine Terrace. It is approximately 2.72 acres and the requested use is Mini-Storage. If developed, the parcel would obtain access from N. Pine Terrace and be required to erect a masonry fence where the parcel abuts residentially-zoned property. This application would hinge on the approval of the previously requested C-3 zoning. Staff recommends approval of the conditional use, with the condition that it be used for inside storage only. That would address the pastor’s concerns and make it more compatible with the surrounding residential area. Mr. McDaniel asked if a condition should be placed on the lot that it be paved. Ms. Helsel indicated that it would have to be paved anyway. Our code requires that anywhere that vehicles will drive or park on a commercial lot must be paved with asphalt or concrete. They will also be required to do a drainage/detention study. Mr. Bratton asked what would happen if the use is not approved after two years. Ms. Helsel stated that the City Council has not withdrawn a Conditional Use Permit yet, but it gives the applicant the incentive to meet the conditions placed on the property. Ms. Yakish expressed her concern that the applicant would try to sell vehicles from the property. Ms. Helsel assured her that C-3 zoning does not allow vehicle sales of any kind.

Mr. B. Brown asked what the cities remedies were if they decided to deny the continuation of the use after 2 years. Ms. Helsel stated that the permit would be retracted.

Chairman McDaniel opened the public hearing. Hearing no comments, Mr. Hix made a motion to close the public hearing. Mr. Bratton seconded the motion. The motion was approved unanimously. Ms. Yakish stated that she feels very comfortable with allowing a mini storage with no outside storage. Mr. Hix stated that knowing that the use will come up for review every two years will give the landowner an incentive to meet the conditions and maintain the property in good repair. Mr. Homer called the applicant up to ask a question. Mr. Sam Al-Zubi came forward. Mr. Homer asked him what his feelings were about a fence on the east side. Mr. Al-Zubi stated that there would be a fence on all sides. The mini-storage will be self-service with a gate code. Mr. Al-Zubi also said that he would take care of the junk behind the Bronco Stop, such as the brush hogs and vending machines. Mr. Homer made a motion to recommend approval of this conditional use permit application to the Mustang City Council with inside storage only. Mr. Bratton seconded the motion. A roll call vote was taken:

Jan Yakish Yes

Dan Hix Yes

Jesse Bratton Yes

Brett Brown Yes

Brad Homer Yes


st.

VII. NEW BUSINESS: No new business was declared.

VIII. COMMISSIONER, STAFF COMMENTS:

Mr. B. Brown said that he wishes they had entertained Mr. Al-Zubi’s efforts to amend his zoning application at the last meeting to C-3 to save him from having to come back. Mr. McDaniel announced that this item would be heard at the City Council meeting next week, on April 21

st.

Mr. Bratton thanked Mr. Al-Zubi for agreeing to clean up the area behind the Bronco Stop.

XI. ADJOURNMENT:

Commissioner Homer made a motion to adjourn. Commissioner Hix seconded the

motion, which was approved unanimously. The meeting was adjourned at 7:35 p.m.

________________________________ _______________________________

CHAIRMAN DATE

_______________________________

SECRETARY

Mustang Planning Commission

Staff Report

For Meeting of May 12, 2015

Applicant Information:

Applicant: Viva Mustang, LLC/Gerardo Villasenor Owner: Little Development LP

5020 W 6th 1452 N Mustang Rd Ste 108

Stillwater, OK 74074 Mustang, OK 73064

Acres:Approx. 2.08 acres Zoning: Amend from C-3 to C-4 Streets: Public

Lots: 2 Comp Plan: Commercial/Office Water: Public

Flood Plain: Zone X Sewer: Public

Project Description: The applicant requests a change in zoning classification for these two

properties from C-3, Commercial General District to C-4, Shopping Center District. These two

parcels are located at 1404 E. State Highway 152. They are located just east of S. Monocoupe

Lane. The two lots contain approximately 2.08 acres.

The purpose of this rezoning is to allow the applicant to utilize the property for commercial

development. The applicant would like to build a Mexican restaurant at this location that would

be able to serve alcohol. C-3 zoning allows a restaurant with no alcohol, C-4 allows the

restaurant to serve alcohol.

If developed at a C-4 level, the developer would be required to place at least a 6-foot masonry

fence along all property lines that abut residentially-zoned districts.

The applicant intends to bring sanitary sewer to these parcels that are not currently served.

Character of Neighborhood: The general character of the area is low density residential and

commercial. There is commercial zoning to the north, and residential zoning to the east, south

and west of this property.

Zoning and Uses of Property Nearby: The property to the west is zoned A-1, to the south and

east is zoned R-E, to the north is C-5.

Conformance with Long-Range Plan: The long-range plan calls for commercial/office

development in this area, so the request does not conform to the comprehensive plan. However,

the comprehensive plan is now 12 years old, and when it is updated, staff will recommend that

the frontage along S.H. 152 be designated for commercial/retail east to Morgan Road.

Professional Staff Recommendation: Staff recommends approval of this application at the C-

4 level. Masonry fences will be required where it abuts residentially-zoned property.


Staff Report


Short Form Subdivision (Lot Split)


Applicant: Lorie Torres Owner: Clarissa Dillard

1100 S. Morgan Road 1202 S. Morgan Road

Mustang, OK 73064 Mustang, OK 73064

Acres:Approx. 3.04 acres Zoning: R-E Streets: Public

Lots: Split 1 lot into 2 Comp Plan: Low Density Residential Water: Public

Flood Plain: Zone X Sewer: Private

Project Description: The applicant requests short form subdivision approval for the property

at 1202 S. Morgan Road. The original tract is approximately 3.04 acres, and the two proposed

lots are approximately 2.21 acres and .83 acres.

The newly created lot will obtain access from S. Morgan Road and will tie into the public water

system along S. Morgan Road. A private septic system will be required as there is no public

sanitary sewer in this area. Both lots meet the minimum size requirement for R-E tracts.

There is a fire hydrant approximately 290 feet north of this property on S. Morgan Road.

Character of Neighborhood: The general character of the area is low density residential.

Zoning and Uses of Property Nearby: The property to the east and west is zoned

Agricultural, to the north and south is zoned R-E.

Conformance with Long-Range Plan: The long-range plan calls for low density residential

development in this area, so the request conforms to the comprehensive plan.

Professional Staff Recommendation: Staff recommends approval of the short form

subdivision application. Both lots meet the minimum requirements for R-E zoning districts.

It conforms directly to the comprehensive plan. Staff feels that Rural Estates development is

appropriate for this parcel. The new lot will have to conform to all zoning requirements for

Rural Estates districts.


Staff Report


Conditional Use Permit


Applicant: Diane Stafford Owner: Lam N. Hoang

280400 E 1770 Rd. 4406 W. Reno Avenue

Duncan, OK 73533 Oklahoma City, OK 73109

Acres:Approx. 2.33 acres Requested Use: Garden Supply Store Streets: Public

Lots: 4 Comp Plan: Commercial Office Water: Public


Project Description: The applicant requests a conditional use permit for Garden Supply

Store for this property. Garden Supply Store is a use on review in C-3 zoning districts. This

parcel is located at 1716 W. State Highway 152 and was recently rezoned to C-3, Commercial

General District. The four lots contain a total of approximately 2.33 acres. The applicant

intends to use all four lots.

The parcel would obtain access from W. State Highway 152 and S. Clear Springs Road.

If developed at a C-3 level, the developer of the garden supply store would be required to place

at least a 6-foot masonry fence along all property lines that abut residentially-zoned districts.

Character of Neighborhood: The general character of the area is low density residential and

commercial.

Zoning and Uses of Property Nearby: The property to the north is zoned C-3, to the east is I-

1, Light Industrial, to the south is R-1 and C-2, and to the west is R-1.

Conformance with Long-Range Plan: The long-range plan calls for commercial/office

development in this area, so the request does conform to the comprehensive plan.

Professional Staff Recommendation: Staff recommends approval of this conditional use

permit. During the rezoning process, there were no protests against this use. Staff has not

received any phone calls regarding this application. Staff feels this is an appropriate use in this

area, with so much residential development nearby.


Staff Report


PRELIMINARY PLAT – HUNTER’S SPRINGS ADDITION


Applicant: Philip E. Hagen, Crafton Tull Owner: Rausch Coleman Homes

214 E. Main Street 3420 N. Plainview Avenue

Oklahoma City, OK 73104 Fayetteville, AR 72703

Acres:Approx. 55.75 acres Zoning: R-1, Single Family Streets: Public

Lots: 222 Comp Plan: Low Density Residential Water: Public


The applicant requests approval of a Preliminary Plat for Hunter’s Springs Addition. This land

is zoned R-1, Single Family Residential and all lots meet the minimum size and setback

requirements for this zoning district.

Project Description: There will be a total of 222 lots and two common areas. The total

acreage for the entire subdivision is 55.75 acres and the two common areas include a total of

5.11 acres. The maintenance of the common areas will be the responsibility of the homeowners

association.

Neighboring citizens expressed a desire that the subdivision not have a connection to N. Betty’s

Way to the north. The plat does not show a connection to N. Betty’s Way or to Trent Acres

Addition at this time. Please see attached petition.

The city engineer and fire department have both approved this plat, and the police chief did not

find any problems that would affect public health and safety.


Zoning and Uses of Property Nearby: The property to the north is zoned R-E and A-1, to the

west is A-1, to the south is R-E and R-1, and to the east is R-E.

Conformance with Long-Range Plan: The long-range plan calls for Low Density Residential


Utilities and Services: There is public water and sewer available to serve this development.

The developer will extend these services throughout the subdivision.

Professional Staff Recommendation: Staff recommends approval of this preliminary plat.

This property is already zoned R-1 and the attached plat conforms to R-1zoning regulations.

Staff feels that this is not an incompatible land use with the surrounding area, and the plat has

been approved by fire, police, staff, city engineer and city attorney.


Staff Report


FINAL PLAT – HUNTER’S SPRINGS ADDITION, PHASE I


Applicant: Philip E. Hagen, Crafton Tull Owner: Rausch Coleman Homes

214 E. Main Street 3420 N. Plainview Avenue

Oklahoma City, OK 73104 Fayetteville, AR 72703

Acres:Approx. 33.29 acres Zoning: R-1, Single Family Streets: Public

Lots: 123 Comp Plan: Low Density Residential Water: Public


The applicant requests approval of the Final Plat for Hunter’s Springs Addition, Phase 1. This

land is zoned R-1, Single Family Residential and all lots meet the minimum size and setback

requirements for this zoning district.

Project Description: There will be a total of 123 lots and two common areas. The total

acreage for the first phase of this subdivision is approximately 33.29 acres and the two common

areas include a total of 5.11 acres. The maintenance of the common areas will be the

responsibility of the homeowners association.

The city engineer and fire department have both approved this plat, and the police chief did not

find any problems that would affect public health and safety.


Zoning and Uses of Property Nearby: The property to the north is zoned R-E and A-1, to the

west is A-1, to the south is R-E and R-1, and to the east is R-E.

Conformance with Long-Range Plan: The long-range plan calls for Low Density Residential


Utilities and Services: There is public water and sewer available to serve this development.

The developer will extend these services throughout the subdivision.

Professional Staff Recommendation: Staff recommends approval of this final plat. This

property is already zoned R-1 and the attached plat conforms to R-1zoning regulations. Staff

feels that this is not an incompatible land use with the surrounding area, and the plat has been

approved by fire, police, staff, city engineer and city attorney.

mustang planning commission · 2015. 5. 6. · 1. rezoning application rz-3-13-15-1-34, crt...

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