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Ordinance 2015-10 - Ord. 2015-10 - Far Hills zoning change, Highway 75, Henry - 1-20-15ORDINANCE NO. 2015-10 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF HUNTSVILLE, TEXAS. WHEREAS the City Council of the City of Huntsville, Texas, has adopted an Official Zoning Map and attendant regulations for the City which, in accordance with the Comprehensive Plan, was designed to control the density of population to the end that congestion may be lessened in public streets and that the public health, safety, convenience and general welfare by promoted in accordance with Chapter 211, Municipal Zoning Authority of the Texas Local Government Code; and WHEREAS the Development Code of the City of Huntsville provides for the amendment of the Official Zoning Map; and WHEREAS after public notice, the Planning and Zoning Commission held a public hearing on December 18, 2014 to consider comments of the public regarding the adoption of amendments to the Official Zoning Map; and WHEREAS the Planning and Zoning Commission has studied and evaluated the request and the report prepared by City Staff; and WHEREAS the Planning and Zoning Commission has considered the comments of the public presented at that public hearing and has prepared a report for this Council of its conclusions and recommendations; WHEREAS after public notice, City Council held a public hearing on January 6, 2015 and January 20, 2015 to consider comments of the public regarding the adoption of amendments to the Official Zoning Map; and WHEREAS the City Council has studied and evaluated the request, the report prepared by City Staff and the recommendations by the Planning and Zoning Commission; and WHEREAS the City has prepared a new map of the City reflecting the rezoned area to replace the prior map that had become obsolete; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, that: SECTION 1: The Official Zoning Map of the City of Huntsville, Texas, as provided by Section 401.1 of the City's Development Code, is amended and City Staff is directed to make such change to the Official Zoning Map together with an entry on the Official Zoning Map as follows: "On January , 2015, by official action of the City Council of the City of Huntsville, the following changes were made:" SECTION 2: A new Official Zoning Map is adopted to replace the old zoning map which had become obsolete, and the new Official Zoning Map shall supersede the prior Official Zoning Map, and shall be identified by the signature of the mayor and attested to by the City Secretary. SECTION 3: The City Secretary is hereby directed to cause the caption of this Ordinance to be published at least twice within ten days of final passage. This ordinance shall take effect ten (10) days after the date of final passage. PASSED AND APPROVED THIS © DAY OF JANUARY 2015. THE CITY OF HUNTS ILL Ma Woodward, ATTEST: APPROVED AS TO FORM: oodward, City Secretary !der, City Attorney 0 CITY COUNCIL AGENDA 1/6/2015 Agenda Item: 4 and 6a Item /Subject: Public Hearing to take testimony concerning a request for a change in zoning classification of Far Hills Addition, Section 2, Lot 68 located at 53 State Highway 75 North from Neighborhood Conservation to Management. Initiating Department /Presenter: Community & Economic Development Presenter: Aron Kulhavy, Director, Community & Economic Development Department Recommended Motion: None - first reading. Strategic Initiative: Goal #3 - Economic Development - Promote and enhance a strong and diverse economy. Discussion: Staff has received a Zoning Map Amendment Application from Monica Henry to change the zoning classification for Lot 68 of Far Hills Addition, Section 2, located at 53 State Highway 75 North, from Neighborhood Conservation to Management. The property is located on the southern edge of a Neighborhood Conservation district with the adjoining property to the south being in a Management district. The property to the east, across State Highway 75, is also zoned Management. A Public Hearing and Consideration of this rezoning case was on the agenda for the December 18, 2014 Planning & Zoning Commission Meeting. The Commissioners voted unanimously to recommend approval of the rezoning request for the subject property from Neighborhood Conservation to Management. Draft minutes from the Planning and Zoning Commission showing the discussion at their meeting is attached with this report. The discussion form and other documents submitted to the Planning & Zoning Commission from staff are also attached. Previous Council Action: None Financial Implications: ®There is no financial impact associated with this item. ❑Item is budgeted: In the amount of $ ❑Item is not budgeted: ❑Item is estimated to generate additional revenue: Approvals: ❑City Attorney ❑ Director of Finance ❑City Manager Agenda Item #4 and 6a Page 1 Associated Information: • Ordinance 2015 -10 (page 3 -4) • Discussion form (page 5 -7) • Application ( page 8 -9) • Vicinity Map (page 10 -11) • Zoning Map (page 12) • Deed Restrictions - Far Hills, Section 2 (page 13 -20) • Draft of 12/18/2014 P & Z Minutes (page 21 -24) Agenda Item #4 and 6a Page 2 0 0 PLANNING AND ZONING COMMISSION AGENDA ITEM DISCUSSION FORM Prepared by: Aron Kulhavy, AICP, City Planner Janet Ridley, Planner SUBJECT: Rezoning Request for Lot 68 of the Far Hills Addition, Section 2 MEETING DATE: December 18, 2014 TYPE OF REVIEW: Zoning Map Amendment APPLICANT: Monica Henry OWNER: Wanda D. Horton LOCATION: 53 State Highway 75 North FACTS, CODE REQUIREMENTS AND CONDITIONS The subject property is located at 53 State Highway 75 North within the city limits of Huntsville in the Far Hills Addition, Section 2, which was established in 1950. The property was classified as a Neighborhood Conservation (NC) District in 1990 when the zoning ordinance was originally adopted. According to Section 402 of the Development Code, there are three districts in the City of Huntsville: 402.1 Management District The management district is the principal district in the City. All land not specifically designated within another district is designated as part of the Management District. All land uses are allowed within the Management District they otherwise meet the standards of this Code. 402.2 Downtown District— (Not applicable to this request) 402.3 Neighborhood Conservation There exists in certain parts of the city areas of residential development maintained exclusively for sing- family residential dwellings. To conserve the character and value of buildings and building sites existing in these areas and to protect the integrity of the neighborhood, the City Council provides the Neighborhood Conservation District. Uses allowed by right are: one single- family residential dwelling unit per lot, home occupations (see Section 401.7), parks, playgrounds, public recreation facilities and community buildings, public service installations (utility and public service facilities and uses, except storage yards, transformer stations and substations ) and accessory uses as defined in Section 401.6. Permitted Agenda Item #4 and 6a Page 5 conditionals uses are: churches, public schools and golf courses (excluding miniature golf and commercial driving ranges). To the east, the subject property is fronting and has access to SH 75 N, a primary arterial, with the property on east side of SH 75 N being in the Management (M) district; to the south it is adjoining property in the Management (M) District; and, to the west and north it is adjoining property that is in the current subdivision in the Neighborhood Conservation (NC) District. The applicant has indicated on the application form that she would like the subject property to be available for commercial business use as "there have been several businesses interested in the land, but have not been able to move forward with them because of the zoning issue ". For business use of this property to be allowed, the property must be zoned Management. Should this property be zoned Management, then all land uses will be allowed at this site; however, there are deed restrictions for Far Hills Addition, Section 2 and a copy has been provided in your packet. While these restrictions are not enforceable by the City, they must be considered in making a recommendation on this request. The lot configuration has remained as originally platted in 1950, 120' wide fronting on State Highway 75 North, and 175' deep, (being approximately 0.48 acre in size). The existing residential structure on the subject property was built in 1977. A 12" water line, 6" sanitary sewer line, and fire protection are available to this lot. There are several factors to consider in reviewing a request for a change in zoning classification. These are outlined below with an analysis by staff on each. 1. Has a change in the character of the neighborhood surrounding the originally zoned area changed? The neighborhood and surrounding area to the north and west has developed in accordance to the original Neighborhood Conservation zoning established in 1990. The property to the south was re -zoned as Management in 2009. 2. Will there be any changes on the traffic impact in the area? Commercial uses generally create more traffic than single family residential uses. In this case, the roadways in the area are adequate to handle any increase in traffic. 3. Will the rezoning adversely affect the residential character? Staff finds that being on an exterior corner of the Neighborhood Conservation Zone and fronting an arterial street and abutting a tract of land classified Management that a change to the character would not substantial change the character. Should a commercial development occur, buffering would be required to separate the two different land uses. 4. Is the property suitable for the use as presently zoned? Yes, as the existing structure is a single family dwelling, however per the application, the property has been on the market for sale or lease for approximately 2 years, and even after a reduction in the price, the property has not sold or leased for single family residential use. 5. Is the rezoning compatible with the Comprehensive Plan? This question is difficult to answer without the adoption of a future land use map. The comprehensive plan recommends that the City's land use pattern Agenda Item #4 and 6a Page 6 focus on new development in which existing utilities exist and that development patterns provide for transitions and buffering between differing land uses. It further states that residential areas should not be situated next to intense non - residential uses but that less intense residential uses may be appropriate with performance standards to mitigate any nuisance activities. Adequate notice was sent to the media and surrounding property owners as required by the Development Code and State law. After a public hearing, it is the duty of the Commission to review this proposal and submit a report containing its conclusions and recommendations to the City Council on this matter. As of the date of this report, staff has received no comments in opposition to this request. There have been several calls requesting information about the case. STAFF RECOMMENDATION: The comprehensive plan places an emphasis on the compatibility of differing land uses through buffering and performance mitigation between low intensity commercial and neighborhood conservation developments. At this time no specific business/commercial use has been designated for the property and, because the change in zoning classification from Neighborhood Conservation to Management would allow for any type of development to take place on the property, the potential exists for incompatible land uses. For this reason, staff recommends denial of this request. ATTACHMENTS: Zoning Map Amendment Application Vicinity map by staff Zoning map Deed restrictions Agenda Item #4 and 6a Page 7 Zoning Map Amendment Application City of Huntsville 14.41i State Highway 75 North/ Huntsville, TX 77320193(- 294 -5782 Applicaaryyynt .Cnfo ation -As authorized by the property owner(s) . Name 1ttbnlCA I' 6115 £(k o 06i.i.Pi .10441 e, -R. -113 kJ Mailing Address City State Zip Code Phone Number fa o<-{ ') --0q4A Alternate Phone Number [ 3 (a --, i - b 1 E-mail: NArg . 'CNN-cc 0 a hob - (Ern 1 her b submit th' re nest for the belo amendment to the Official Zoning Map of the City of Huntsville. Signature (/ Date . Property Owner Information = if more than one property ownet, check ■ and attach a separate page listiue all owners Name Ltifr det P. rivy, T. 0, 1206K 5 s (1 Sp, -,ho, 7X 7738 Mailing Address J City Sutc Zip Cndc P�f ne Number ' —(0 6 f - Gi (4 5* Alternate Phone Number Signature Date Proposed Location for Rezoning . Address or general location of the proposed site for rezoning. (Staff will assist with providing maps.) 53 s� �s N�f*1 l,v 'i((�, .113a o , District Classification Change • . • • Present District Classification • Downtown • Management Neighborhood Conservation Proposed District Classification ❑ Downtown Management • Neighborhood Conservation Additional Information Please provide any additional information pertinent to the City's decision for this rezoning request. You may a1 ch. additional sheets .s necessary. 4 tlX-5 • , %l..�li I A I 1 - 1%%1/% j _ . •�• ..� � ,, 1 PIMAME iii -Ar �, ,► �. t - v _ h L +. i� c� mv �n SW t , - ' l .c.0 n Fees $300.00 Application Fee •Public Hearin g 641- OL. Qi44d -1171 Si Public hearings are required for is request. City s ff will complete atlt the requirements of the public hearing notice process. . -..vC { ,21 , X ax:t f, e e 4ttiYr,T -.,6y,,,-, - 4 OM �� T ?iti " ' f .M l fY,o :. k:3,x.i tit Received By and Date Fee Paid P &Z Date. City Council Date Outcome PD-ZMA-1 Revised: 02 -2009 Agenda Item #4 and 6a Page 8 0 53 �n -r5N �, �► , �� 31ao dY< <,he vli/ Dfc- 755 Zoning Change AC ltisk St!aject Property Layout Letter (8.5 x 11) • Portrait 1 in =200ft A. n.....,., A 0 100 700 4b 4e arrir w. OeeOnest tram WO He 1pMMe Miss ovum seea701 Net Mat.WM new sA sR d e eeee W Ineeecie espessensellen any TM turn* s net a eetetaruw as eeet>'earce a enetleaeeeveee sr a e Nerve neeeeu Una ievtret tar eN Mole serum sCe M Mee a MIL seeerara and orNaeesMees memo ea a • MOe••r Peons*. Law euvaa•a As er awets ewe Ore le es pebrMS. 'Me OYotKnew* emees esrepeeeOY tor As seamy a sesame December 29, 2014 Gty d Hxltsrik :. " - GIS Di esion Map Grated At www.hun%Sldieps cam Agenda Item #4 and 6a Page 10 0 0 :t Agenda Item #4 and 6a Page 11 Zoning Categories Downtown Management Neighborhood Conservation City of Huntsville Zoning Map Map created By: City of HUntevele 1#.1 GIS Division 936 -294 -5794 www.hunhwlllegie.com Agenda Item #4 and 6a Page 12 0 Far Hills ; 2 Deed Restrictions THE STATE OF TEAS, I COUNTY OF WALKER. I }NOW ALL )!EEti H' THESE PRESENTS: THAT WE, S. R. Warner and wife, Grace Miller Warner, of Walker County, Texas, being the owners of the lands covered by the attached subdivision plat , showing the FAR HILLS ADDITION NO. 2, City of Huntsville, Walker County, Texas, In the P. Gray League, Abstract No. 2+, prepaeed by- k'.• O. _i_irkland, Licensed. • . State Land Surveyor of the State of Texas, which is referred to and made a part hereof for all intents and purposes, which said land is located within the corporate limits of the City of Huntsville, Walker County, Texas, do hereby adopt said attached plat for subdividing said land, to be known as the "Far Hills Addition No. 2" of the City of Huntsville, Texas, and do hereby dedicate for the use of the public the streets specified and shown thereon, and for the use of the purchasers and owners of the lots fronting thereon or adjacent thereto, said streets and the utility easements indicated thereon, and also dedicate for underground utility installation only an 18 foot easement extending from South to North over the East one -half of Lot No. 38. We further specify and declare that,being desirous of subjecting said real estate to the restrictions, covenants, . reservations, easements and control as hereinafter specified and authorized, we have as and of the date hereof mutually covenanted between ourselves, ..which shall be binding on our heirs and assigns, for the mutual protection of said property' and each future owner thereof, or any part thereof, to insure the best use and most appropriate development to prevent hap- hazard and inharmonious improvements of building sites, establishing set - backs from streets and property lines, a uniform residential hot:sing and in general to stabilize and enhance the values of investments made by purchasers cf building sites therein, do hereby create and publish the following protective covenants applicable to said real estate, to -wit: I. - We hereby specify and declare that all of the lots set out on said plat in said subdivision shall.be subject to these covenants, and all lots therein shall_be ~d esidnated as restricted residential building lots, except lots A, 3, and C, of which lots A and B may hereafter be designated as mercantile or business lots and lot C may be hereafter later dedicated as a street, all of said residential building lots to be subject to the restrictions and condition set out as follows: (a) No structure shall be erected, altered, placed or permited to remain on any of said restricted residential building lots ether than single family dwellings not to exceed two stories in hef hth and a private garage for not moee than two cars, which garage nay be attached the main dwelling. .(b) No building shall be erected, altered, placed or permitted to re::-ain on any restricted business plot in this subdivision until the external design and location thereof shall have been approved in Writing by the Neighborhood Conmittee, which shall be appointed and e'a^fed by the owner or owners of a majority of the lots which are subject to the covenants herein set forth, each owner to have votes equal to the number of lots owned. Agenda Item #4 and 6a Page 13 II. It is hereby declared that no'building shall be located nearer than 50 feet from the front street line on all lots except lots 47 through 58 and lot 60, which shall have the buildings thereon set -back 20 feet from the street line, and the set -back line for lot 59 shall be not nearer than 50 feet to Pleasant Street'and not nearer than 20 feet on Roundabout Road, and lots 31 and 32 shall have a set -back for the buildings of not less than 20 feet from Normal Park Road. No building shall be located or encroached on any of the easements set out by dotted lines in the attached plat, and no dwelling or other structure shall be located nearer than 5 feet to any side lot line, except that the side line restriction shall not apply to a detached garage or other out buildings located 75 feet or more from the front lot line. TTI. No residential structure shall be placed to occupy less than the area provided for in the lots set out on said plat, though one owner may use more than the area provided for one lot for his residential premises. TV. No business or trade shall be carried on upon any residential lot in said addition and no obnoxious or offensive trade shall be carried on upon any business lot in said addition, nor shall anything be done thereon which shall become an annoyance or nuisance to the neighborhood, nor shall there be kept any cows, horses, pigs, or other animals than ordinary domestic pets, and no chickens or other foals shall be kept on any of said lots, nor shall any of such animals or domestic pets or fowls be kept or raised for commercial purposes on said premises. Y. No trailer, basement, tent, shack, garage or other out- building erected on any of said lots shall at any time be used as a residence, temporarily or permanently, nor shall any residence of a temporary character be perzl`tted, except that the provisions in this paragraph shall not prohibit domestic servants' quarters attached to the garage. Bo structure shall be moved onto any lot unless it z eets with the approval of the committee hereinafter referred to. VI. In no case shall a dwelling be erected on the lots respectively allotted for that purpose unless the ground floor over -all living space area shall be at least 1,200 square feet in the case of a one story residence, and the ground floor over -all living space shall be not less than 1,000 square feet on the first floor of a two story residence. VII. These covenants are to run with the land and shall be binding on all parties hereto and all persons claiming under then until January 1st, 1990 at which time they shall be automatically extended for successive periods of 25 years, unless by vote of the owners of a majority of the IotS in said subdivision on an election held not more than 5 years nor less than 3 years prior to the end of any termination period, it is agreod to change said covenants. Agenda Item #4 and 6a Page 14 0 VIII. If the parties hereto, or any of theta or their heirs or assigns, shall violate or attempt to violate any of the covenants herein, it shall be lawful for any other person or persons owning any real property situated in said subdivision, or the Neighborhood Committee hereinafter provided for, to prosecute any proceedings at law or In equity against the person or persons violating or attempting to violate any such covenants, and either to prevent him or them fro= so doing, or to recover damages, or both, for such violation. TX. Invalidation of any of these covenants or any part thereof, or the actions or regulations of the Neighborhood Committee, by judgment or court order, shell'in nowise affect any of the other provisions, actions or regulations which shall remain in full force and effect. 3C. In order to carry out the purposes of these covenants a supervisory committee is hereby created to be known as the Neighborhood Committee composed of three property owners in the area covered hereby, and to compose its original membership ue do hereby appoint S. R. Warner of Huntsville, Texas for a term of two years, Grace Miller Warner of Hunt.svilloi Texas for a term of three years, and a third member to be selected by - the two appointees named above, which third member shall serve for a tern of cne year, from and after the date hereof, subject to the following rules and regulations: pwIlTis AND ^IITI sS The jurisdiction of said neighborhood Committee shall extend to all lots of said subdivision subject to said covenants, and it Shall have the following posers and duties, i,hcreever in the exercise of its discretion it may deem them necessary or advisable, provided that nothing herein contained shall be deemed to prevent any o:.ner having the contractual right to do so, from enforcing any protective covenants in his o. -n name: FIRST: To approve or disapprove the external design of all buildings for conformity and harmony with existing structures in the subdivison, or, if there are no structures, to determine the architectural character of structures to be placei_therein. SECGN": To approve or disapprove the location of all buildings with respect to existing topography or proposed finished ground elevations; and the location of all buildings with respect to property lines except as other,ise provided in either the recorded covenants or the recorded miat, or both. THIRD: To perform such other duties for the benefit of the several o-. +hers of said lots in the subdivision as .*may be avthorice'd from tiee to time by vote of said lot owners as hereinafter le-rev/tied. t-ei TP: To adopt regulations ;overning the performance or its duties, as set forth herein. VACAP2CI'S A vacancy in the nenbe-rship of the committee, occur ing for any rea._cn ,atsoover prior to expiration of terms of office, shall Agenda Item #4 and 6a Page 15 be filled for the unexpired torn of the member so replaced by appointment of a person elected by a majority vote of the remaining members of the Committee, or, if less than two members of the Committee remain, by favorable vote of the owners of a majority of the lots in the subdivision. TF•Ri'1 OP OFFICE Upon expiration of the term or office of each member originally appointed and for successive.- terms thereafter, the vacancy shall be filled by appointment fora period of three years from the annual expiration date of cne member who shall be elected by vote of the owners of a majority of said lots in said subdivision. ANNUAL ELE.CTIOn The annual election to select a member of the Committee shall be by vote of the owners of a majority of the said lots in said . subdivision at a meeting or by petition held at the discretion of said owners during the thirty days preceding the expiration date for the membership to be filled. Thereafter appointment shall be by the majority vote of tbe remaining members or the Committee. VC—VR S SERVE UNTIL SUPERSEDED All members of the Committee, previously appointed or elected, shall continue to serve with full powers and duties until reappointed cr succeeded in the manner provided. BIGHT TO VOTE Each owner may cast votes at any election equal to the number of lots owned as set forth on the recorded plat filed in the Deed Records of Walker County, Texas, but where there is more than one. o:.ner of any lot or lots such joint owners shall be entitled to only one vote for each lot so owned. BASIS FOR D C ISTONS The Committee xay require contract, plans and specifications for any proposed building or buildings coming under its juris- diction together with plot plan, showing the location of said b::llding or buildings together with any other pertinent data necessary to its determination to be submitted to it by the building or owner or his or their authorized representative. Requests for approval shall be either written or printed and snail be accompanied by the necessary data. 'vrr'tT CONSTITUTES NOTICE. A written or printed request or notice thereof, deposited in the United States Post Office, with postage thereon prepaid and a:idressed to the chalrnan of the Committee or to the respective owners at the last address of record, shall be deemed o be aufi icient and proper notice for this purpose, or for an;; purpose of this contract, where requests or notices are required. DECISIONS • Notice or decisions of the Committee shall be rendered in writing to the applicant within thirty days after request and plans have been submitted to it;. A record of all decisions shall be kept by the Committee, except that plans bearing approval or disapproval . shall be signed by the Committee members or the Chairman, and returned to the application With the decision. Decisions of the Committee May be recorded. Agenda Item #4 and 6a Page 16 CO}'1-;ITTEg ACTION NOT RE' - :IR D It is not contemplated that Committee action will be required except where there is evidence of violation. If the Committee fair to approve or disapprove the design or location of a building submitted to it for approval, ti ithiii thirty days after request and plans S nd have be:,n stb itt d to it, then such approval is not reaured. Crhl MAN The Chairman of the Committee shall be the member first appointed for a term of three years. Thereafter the Chairman shall be designated annually by th6 majority vote of the committee. The name of the Chairman shall be placed of record, provided, however, a chairman in office shall remain so long as he remains a member of the Committee and until his successor is el=ected and a certificate thereof signed by a majority of the Committee has been recorded. ADDITIONAL D TI'S The Committee may be authorized iced or directed from time to time to assume co ma nity duties other than those described above,' .Such authorization shall be by vote of the owners of a majority of said lots and shall be recorded as a further declaration of their rot +ers and Duties in the public records. wiT_t•: =SS our hands this 6th clay of November , 1.950. /� ter, t- / S. n. Warr•er Grace r!iller :t_ -?-n r. THE STATE OF TEXAS, 4 county of Walker. 13 FOHS ' . the un ersitned authority, on this day personally appeared S. R. :':arnar and wife, Grace :tiller Warner, both known to r1P to be the persons whose names are subscribed to the foregoing instrument, and acknowledged Lo .:me that they each executed the same for the purposes and consideration therein expressed; and the said Grace killer Warner, if of the said S. R. Warner, having. been examined b3 privily en•.d . apart from her husband, and axing said instrument fully explained to her by ,_A, she, the said Grace Yi 11er Warner, acynovleci,ed such instrument to be her act and deed, and declared that she had willingly signed the same for the purposes and consideration, therein expressed, and in the ca 'aoity thcr °'.n stated. t'iIVe2: un'3 _•r my 1F.ind and s, -e' of office on this %�- day or November , 1950. s E r./ r_> ✓ L //If' C►j -0/�'__ Notary Public, Walker County,`^ xns. Robert B. Smither, City Attorney. Agenda Item #4 and 6a Page 17 THE STATE OF TEXAS, County of Walker. / "Qn this day before the City Council of the City of Huntsville, Walker County, Texas, at a regular meeting thereof, a quorum being present, came on to be considered the plat and ded3.cetions :bdividing a portion of the P. Gray League, Abstract Pc. 24, Walker County, Texas, within the_City of Huntsville, and being described in certain Restrictive Covenants executed by S. R. Warner and Grace Miller Warner crated November 6th, 1950, said subdivision plat having been prepared by W; O. Kirkland; Licensed State Land Surveyor, and the dedication having been executed by S. R.' Warner and Grace ;filler Warner, ' and said subdivision designated as "?ar hills Addition ]`to. 2, City or Huntsville, Walker County, Texas,"and on motion duly made and adopted, said plat and the dedi- cation of the streets and easements thereon were duly approved, adopted and ordered of record in the office of the County Clerk of Walker County, Texas." This is to certify that the above and foregoing is a true and correct copy of the order of the City / Council of the City of Huntsville made and adopted on the 7e/ day of � - -+~-, 1950 as the same appears in the recorded minutes of said City. Council, Volt::e 1, page, 70, • a f.Ti'T: ' -_,. -.--,r City Secretary. Mayor or ' Agenda Item #4 and 6a Page 18 Agenda Item #4 and 6a Page 19 ,•, ,: . • -!,-...1" \.. -.\-.-,\.,,,....N.::,_..c.:;,----\,,,, .: IA -q''' ,,..--"' t c••' 'j• x .‘- • \ . . : • 1.. •.•-•-• 1, ;;;„ .,I. \ - • ; i...., 51 ., ..,....—„-r—r,-1 ..,.:: 1 : .gi • 9— —.....„, '.■1'. ' „.„ Agenda Item #4 and 6a Page 20 MINUTES OF THE MEETING OF THE PLANNING AND ZONING COMMISSION HELD IN THE COUNCIL CHAMBERS, AT CITY HALL, 1212 AVENUE M, HUNTSVILLE, TEXAS ON THE 18TH DAY OF DECEMBER, 2014 AT 5:30PM. Members present: Barry; Woods; Cummings; Johnston; Soffar; Anderson Members absent: Hilton City staff present: Kulhavy; Ridley 1. CALL TO ORDER This meeting was called to order by Chairman Johnston. [5:35PM] 2. PLEDGES OF ALLEGIANCE 3. INVOCATION Commissioner Anderson led the invocation. 4. PUBLIC HEARING for the variance requests by Ronnie & Reba White, applicants, for relief from Chapter 8 regarding water service, and Chapter 9 regarding sanitary sewer service of the Huntsville Development Code for property designated as 5.01 Acre Reserve of the Minor Plat of Oma York Booker 6.01 Acre Tract and located at 161 Pine Hill Road. Chairman Johnston opened the public hearing. [5:36 PM] Commissioner Anderson recused himself from debate, discussion, or voting on this item due to his personal and professional relationship with Mr. & Mrs. White. Aron Kulhavy gave an overview of the plat and requested variances as outlined in the discussion form. Ronnie & Reba White addressed the commission stating that they would not be willing to construct the water line extension because they would not use in their home due to the quality of the water as they are at the end of the existing water line. Commissioner Cummings inquired if the City Staff would change their recommendation of denial of the variance for water line extension due to the water quality issue. Kulhavy responded that Staff would not change the recommendation for denial due to the strict reading of the Development Code which requires extension of City water line through the property and to the adjoining property. Commissioner Woods inquired if the commission is obligated to abide by the requirements /stipulations of the approval of the Oma Book York Minor Plat on August 3, 1998. Kulhavy responded that the commission is not required to follow the stipulations. Commissioner Johnston asked if the looping of this water line is the City's Capital Improvement Plan. Kulhavy responded that it is not in the City's five year plan. Commissioner Cummings asked if the existing sewer in Pine Hill Road would be extended to the White's property in the future. Kulhavy explained that the White's property is located downhill from the end of the existing sewer main. Agenda Item #4 and 6a Page 21 Chairman Johnston closed the public hearing. [5:51 PM] 5. CONSIDER the variance requests by Ronnie & Reba White, applicants, for relief from Chapter 8 regarding water service, and Chapter 9 regarding sanitary sewer service of the Huntsville Development Code for property designated as 5.01 Acre Reserve of the Minor Plat of Oma York Booker 6.01 Acre Tract and located at 161 Pine Hill Road. The Commissioners had a few more questions which Kulhavy answered and stating that, with City Council approval, the City will participate in the water line extension by paying one -half (1/2) of the cost of the first three hundred (300) feet of the water line. Commissioner Woods made a notion to approve the variance for water and sewer for the property. Second was by Commissioner Soffar. The motion was approved by unanimous vote. 6. PUBLIC HEARING to take testimony concerning a request for a change in the zoning classification of Far Hills, Section 2, Lot 68 located at 53 State Highway 75 North from Neighborhood Conservation to Management. Chairman Johnston opened the public hearing. [5:54 PM] Aron Kulhavy gave overview of the rezoning request as outlined in the discussion form stating the definitions of the three zoning districts within the City of Huntsville and pointing out that there are not any restrictions on land use in the Management district. Kulhavy made note that there are deed restrictions for the property. The deed restrictions pertaining to the property are provided to the commission for their information and consideration in their decision making process and cannot be enforced. Kulhavy informed the commission that the property to the south, current Keller Williams business located at 49 SH 75 N, went through the rezoning process about five (5) years ago. This property was approved to be rezoned from Neighborhood Conservation to Management. Kulhavy continued to note that City Staff recognizes that the location of the subject property on SH 75 N, a commercial thoroughfare, does not lend itself to single family residential use. From a planning stand point and per the City's comprehensive plan, the highest and best use of the property is commercial. However, he cautioned the commission that the rezoning of the property to Management would allow any and all use of the property. Commissioner Anderson asked for and was granted reinstatement as a voting member of the Commission. Monica Henry, applicant, presented her case to the Commission, stating the purpose for the rezoning request is for the relocation of their business, used car sales, as a result of the eminent sale of the property their business is located on to H. E. B. The Commissioners discussed the present circumstances of the subject property and the surrounding neighborhood making note of the previous rezoning cases in the neighborhood and the lack of opposition to this current request by residents /property owners in the neighborhood. Charles Smither, Jr. spoke expressing his concern with "piece meal" rezoning of property when certain property such as this, property located adjacent to SH 75 and 11`x' Street, should have been placed in Management district with the initial zoning map and ordinance adoption. Agenda Item #4 and 6a Page 22 0 Chairman Johnston closed the public hearing. [6:15 PM] 7. CONSIDER the testimony concerning a request for a change in the zoning classification of Far Hills, Section 2, Lot 68 located at 53 State Highway 75 North from Neighborhood Conservation to Management. Commissioner Johnston began by stating that he agreed with Mr. Charles Smither, Jr. observations regarding the "piece meal" rezoning of property along SH 75, with Commissioners Cummings and Anderson also expressing agreement with Mr. Smither's comments. Commissioner Cummings inquired as to the possibility of the City initiating the rezoning of the entire strip of property along SH 75, as applicable, rather than waiting for property owners to request rezoning of their property individually. Kulhavy indicated that this can be done by the City and that City Staff will bring this before the Commission on a future meeting agenda for discussion. Commissioner Cummings made a motion to approve the rezoning request for the property.Second was made by Commissioner Anderson. The vote was unanimous. 8. PUBLIC HEARING for an amendment to the Huntsville Development Code, Chapter 17, Historic Preservation, regarding Section 1704, Designation of Historic Landmarks and Districts, and Section 1705, initiation of Historic Overlay Proceedings. Chairman Johnston opened the public hearing. [6:20 PM] Kulhavy introduced Lindsay Lauher, City Staff Historic Preservation Officer, and gave an overview of the purpose of the Historic Preservation Commission and the proposed changes to the City's Historic Preservation Ordinance as outlined in the discussion form noting that the Historic Preservation Commission has voted on and unanimously approved the proposed changes. Lauher spoke further elaborating on the proposed changes noting that the proposed changes were suggested by the Texas Historical Commission, and were based on the ordinances of other communities. Current Section of 1704 of the Development City city of Huntsville as the wording does not allow for anyone other than the property owner to initiate application or request for historic landmark or district status. With the proposed change, the property owner will have the ability to appear before City Council and express his desire not to have his property so designated. The change will give City Council authority to identify property of concern regarding historical preservation and bring it forward for review and discussion by the Historic Preservation Commission. Kulhavy added that for historic designation of a property initiated by City Council and against wishes of the property owner, the case will be heard before the Historic Preservation Commission, the Planning and Zoning Commission, and then City Council, giving the property owner numerous times to present his case in opposition to the historic designation of his property. Charles Smither, Jr. spoke in opposition to the proposed Section 1704 Development Code change which would allow City Council to initiate the historic designation of property. He stated that this was the provision which was changed per City Council input when the current ordinance was adopted. The current ordinance was adopted with a 6 -2 vote of City Council. He also noted that he is not in favor of the change merely to ensure that the City would be eligible for grant money. Mr. Agenda Item #4 and 6a Page 23 Smither indicated that he was in favor of the proposed Section 1705 Development Code change which would be a benefit to the owner of property with historic designation. Chairman Johnston closed the public hearing. [6:30 PM] 9. CONSIDER an amendment to the Huntsville Development Code, Chapter 17, Historic Preservation, regarding Section 1704, Designation of Historic Landmarks and Districts, and Section 1705, initiation of Historic Overlay Proceedings. Commissioner Wood asked if these changes would be part of the public hearing process for the update of the Development Code. Kulhavy responded that these changes to the Code would not be part of the Development Code update approval process. To clarify, Kulhavy added that these changes to the Development Code were initiated by the Historic Preservation Commission to be handled separately from the Development Code update approval. After additional discussion, Kulhavy suggested that the P & Z Commission table the amendment and allow Staff to do additional work on the proposed changes to educate and better present the Historic Preservation Commission's recommendations to the P & Z Commission as there are no time constraints for these changes to be made. Commissioner Soffar made a motion to table this item to a future date. Second was made by Commissioner Woods. The vote was unanimous. 10. CONSIDER the minutes of December 4, 2014. Commissioner Soffar made a motion to approve the minutes. Second was made by Commissioner Barry. The vote was unanimous. 11. DISCUSS the Development Code update process. Kulhavy informed the Commission that City Staff will complete the punch list review and present to Commissioners when completed. Kulhavy added that City Staff will have a completed final draft of the Development Code update for Commission approval and ready to begin the public hearing process within the next six months. 12. PUBLIC COMMENTS Ronnie White thanked City Staff for their professional handling of his variance request. Commissioner Anderson thanked Mr. & Mrs. Henry and Mr. & Mrs. White for staying for the entire meeting of the P & Z Commission. 13. ITEMS OF COMMUNITY INTEREST None 14. ADJOURNMENT Commissioner Woods made a motion to adjourn. Second was made by multiple commissioners. The motion was approved unanimously. Chairman Johnston adjourned the meeting. [6:57PM] Agenda Item #4 and 6a Page 24 AFFP AN ORDINANCE OF THE CITY Affidavit of Publication STATE OF TEXAS } COUNTY OF WALKER } SS Rita Haldeman, being duly sworn, says: That she is Publisher of the The Huntsville Item, a daily newspaper of general circulation, printed and published in Huntsville, Walker County, Texas; that the publication, a copy of which is attached hereto, was published in the said newspaper on the following dates: January 24, 2015, January 28, 2015 That said newspaper was regularly issued and circulated on those dates. SIGNED: P sher Subscribed to and sworn to me this 28th day of January 2015. 61.---00.411 Nina Hansen, Notary Public, Walker County, Texas My commission expires: January 27, 2017 01108120 00001149 Legals II Huntsville, TX 77340 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF HUNTSVILLE, TEXAS. Adopted by the City Council of Huntsville, Texas on January 20, 2015. Lee Woodward, City Secretary 1-24,1-28 NINA HANSEN My Commission Expires January 27, 2017 Page 1 of 1 Nina Hansen From: Date: To: Subject: "Lee Woodward" <lwoodward@huntsvilletx.gov> Wednesday, January 21, 2015 4:42 PM "nina hansen" <ninahansen aitemonline.com> Zoning caption Good afternoon! The ordinance below passed last night, would you please let me know when you can run it, twice between now and 1/30/15? Thank you! AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF HUNTSVILLE, TEXAS. Adopted by the City Council of Huntsville, Texas on January 20, 2015. Lee Woodward, City Secretary Lee Woodward 291-5403 The material in this e-mail is intended only for the use of the individual to whom it is addressed and may contain information that is confidential, privileged, and exempt from disclosure under applicable law. If you are not the intended recipient, be advised that the unauthorized review, use, disclosure, duplication, distribution, or the taking of any action in reliance on this information is strictly prohibited. If you have received this e-mail in error, please notify the sender by return email and destroy all electronic and paper copies of the original message and any attachments immediately. Please note that neither City of Huntsville nor the sender accepts any responsibility for viruses and it is your responsibility to scan attachments (if any). Thank you. 1/22/2015 C assifi� tem Featured Vehicle ry.n:YJ a� AutuC1.0p]i Advertise in The Huntsville Item and your ad could be featured RIGHT HERE! SATURDAY, JANUARY 24, 2015 CLA t Lewis AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF HUNTSVILLE, TEXAS. Adopted by the City Council of Huntsville, Texas on January 20, 2015. Lee Woodward, City Secretary L 1-24, 1-28 AAA Storage, 2040 Highway 30 E, Huntsville, TX will accept bids on entire contents of storage #25 -- Christie O'Bryant. #81 — Shonteria Walker, #104 — Belle Hansen, #148 — Nicola Sorrells, #177 - Becky Greenwade. 4180 - Lucille Pipkin. #201 -- Wendy Grimes and #290 — Luke Mitchka to satisfy landlord's lien under provision of Chapter 59 Texas Property Code on February 7, 2015 from 10:30 a.m. to 12:30 p.m. 1-24, 1-25 Leanly PUBLIC NOTICE CITY OF HUNTSVILLE TEXAS COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM Featured Home Advertise in The Huntsville Item and your ad could be featured RIGHT HERE! Clausr81 f•lalk Wilmer Ready for a Ch NOW HIRIN At the Texas Department of Cr Fac ilities in Huntsville and sun RN, LVN & Cettlfled Medi Must have Certification 11 New G rads Welcoi Job Fair Dae January 28, 21 Location: Texas Pril 491 State V .tinge,.. .Ile•• WEDNESDAY, JANUARY 28, 2015 CLAS; 1 Classifi4 ten] Featured Vehicle 0 IS t:A.rPlr1 )il AtatoConX Advertise in The Huntsville Item and your ad could be featured RIGHT HERE! Legals AN ORDINANCE or THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF HUNTSVILLE, TEXAS. Adopted by the City Council of Huntsville, Texas on January 20, 2015. Lee Woodward, City Secretary 1-24, 1-28 Legals NOTICE TO CREDITORS Notice is hereby given that original Letters of Administration for the Estate of Richard Newton Elliot, Deceased, were issued on January 21, 2015, in Cause No. 8792 PFI, in the County Court of Walker County, Texas, to: Mary Ann Elliot, Executrix. All persons having claims against this Estate which is currently being administered are required to present Them to Ilia undersigned within the time and in the manner prescribed by law. C/O William Douglas Bloodworth 11, Manager Attorney at Law Old Walker County Jail Building 10.12 University Avenue Huntsville, Texas 7732n Featured Home ty Advertise in The Huntsville Item and your ad could be featured RIGHT HERE! Auctions Estates- Antiques Auction S&S Auction Service 118 S. Bryan Ay -Bryan, Tx G.L.(Bud) Sparks'74-1 01 97 (979) 822-7830 + 220-0563 + 220-0564 SUN— Feb 1- 9:00 am View: Sun - Feb 1 - 8 am 2004 Honda CR•V - * (Sells Appx, 1:00 pm) Art+ Books+ Clonn+ 0lnnrrwnre+ Coins (Sliver) Crystal & Glassware, furoitura• (Greet MId-Century Signed Scandinavian rurnituro. 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