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Minutes
Town of Little Elm
PLANNING & ZONING COMMISSION
Regular Meeting
Thursday, FEBRUARY 3, 2022 - 7:00 pm
Present:
Michael Bell, Chairman; Ron Trees, Vice Chairman; Brent Hagenbuch, Commissioner; Brent Thibeaux, Commissioner; Robert Martin, Commissioner; Tom Ocelli, Commissioner
Absent:
Brian Rawlins, Commissioner; Stephen Horn, Commissioner; Danny Weakley, Commissioner
Staff Present:
Fred Gibbs, Director of Development Services
Wesley Brandon, Town Engineer
Brian Salvesen, Planner

             
   1.
Emergency Notice Regarding Public Participation and
Planning & Zoning Commission/Town Staff Attendance
Due to Winter Storm

Due to the winter storm anticipated to impact the Town of Little Elm and surrounding areas, and the unsafe road and travel conditions anticipated to occur due to the winter storm, the Planning and Zoning Commission has opted, as allowed by Texas Government Code Sections 551.125 and 551.127, to conduct its regularly scheduled Planning and Zoning Commissioner Meeting of February 3, 2022, through remote means. This will allow (1) the Planning and Zoning Commission members and Town employees to participate in a Planning and Zoning meeting via videoconference call or other remote electronic means without a physical quorum of the Planning and Zoning Commission members being present at the site of the meeting; and (2) the use of videoconferencing and other remote means to allow the public to observe the meeting and, when required, to participate in the public meeting.

For the February 3, 2022, Planning and Zoning Commission meeting, individuals will be able to address the Commission on any topic through submission of the web form below. Forms received will be recorded into the record and be given to the Commission

To access the videoconference online, follow these instructions: Pursuant to Section 551.007 of the Texas Government Code, individuals wishing to address the Commission for items listed as public hearings will be recognized when the public hearing is opened. For individuals wishing to speak on a non-public hearing item, they may address the Commission by submitting the online form at the following link:
https://www.littleelm.org/FormCenter/Development-Services-9/LE-Planning-Zoning-Commission-Speaker-Re-88

Individuals who wish to speak to the Commission directly must register prior to the meeting. Please include in the comment box that you will be logging onto the meeting through the Zoom link above to speak to the Planning & Zoning Commission. If you have any questions, please email bsalvesen@littleelm.org.

Note: A physical quorum of the P&Z Planning and Zoning Commission will not be present during the meeting as the entire meeting will be conducted remotely as permitted by state law is emergency situations.
             
   2. 5:30 PM Work Session
  Fred Gibbs answered questions from the Commission on the agenda items. 

Commissioner Hagenbuch announced that he would need to step down from the Commission due to another commitment. 
             
   3. Roll Call
             
   4. 6:00 PM Regular Meeting
  Chairman Bell opened the February 3, 2022, Regular Planning and Zoning Commission meeting at 6:00pm. 
             
   1. Discuss and take action regarding the approval of the January 20, 2022 regular Planning and Zoning Commission meeting minutes.
  Motion: Approve minutes with minor text correction for neighbor's concern in item 11.
             
  Motion by Vice Chairman Ron Trees, seconded by Commissioner Robert Martin


 
AYE: Chairman Michael Bell, Vice Chairman Ron Trees, Commissioner Brent Hagenbuch, Commissioner Brent Thibeaux, Commissioner Robert Martin, Commissioner Tom Ocelli
6 - 0 Passed - Unanimously
             
   2. REPLAT/Shawnee Trail (RP-21-03793). Presentation, discussion, and consideration on a request for approval of a Replat for Shawnee Trail Church of Christ Addition Block A, Lot 1 on approximately 3.887 acres, situated in the Christian Bohrmann Survey, Abstract 86, within Little Elm's town limits, in order to establish multiple utility, access, and fire lane easements, dedicate right-of-way, and abandon multiple easements for the purpose of new commercial development on Block A, Lot 1R. 
  • Staff Report
  • Applicant Presentation
  • Discussion and Recommendation
  Fred Gibbs briefed the Commission on the agenda item, the actions taken during previous meetings, and the outstanding comments that have not been addressed in the replat. 

Motion: Deny Replat.
             
  Motion by Vice Chairman Ron Trees, seconded by Commissioner Tom Ocelli


 
AYE: Chairman Michael Bell, Vice Chairman Ron Trees, Commissioner Brent Hagenbuch, Commissioner Brent Thibeaux, Commissioner Robert Martin, Commissioner Tom Ocelli
6 - 0 Passed - Unanimously
             
   3. RELIMINARY PLAT/Lakeside Shops and Business Park (PP-21-07426) Presentation, discussion, and consideration on a request for approval of a Preliminary Plat for Lakeside Shops and Business Park, establishing Block A, Lots 1 and 2, on approximately 5.006 acres, situated in the David M. Cule Survey, Abstract No. 226, within Little Elm's Town limits. 
  • Staff Report
  • Applicant Presentation
  • Discussion and Recommendation
  Fred Gibbs briefed the Commission on the agenda item.

The Commission asked for the reasoning behind the change from recommending providing an extension for the item to approval with conditions. Fred Gibbs let the Commission know that staff was able to review a last minute submittal that had just one minor comment outstanding, justifying a change in recommended action from an extension to "Approve with conditions."

Motion: Approve with condition as outlined by staff.
             
  Motion by Commissioner Brent Hagenbuch, seconded by Commissioner Brent Thibeaux


 
AYE: Chairman Michael Bell, Vice Chairman Ron Trees, Commissioner Brent Hagenbuch, Commissioner Brent Thibeaux, Commissioner Robert Martin, Commissioner Tom Ocelli
6 - 0 Passed - Unanimously
             
   4. PRELIMINARY PLAT/ Spiritas East Commercial Tract (PP-22-00226). Presentation, discussion, and consideration on a request for approval of a Preliminary Plat for Spiritas East Planned Development, establishing three commercial lots on approximately 5.355 acres, situated in the Marsella Jones Survey, Abstract No. 662, within Little Elm's Town limits. 
  • Staff Report
  • Applicant Presentation
  • Discussion and Recommendation
  Fred Gibbs briefed the Commission on the agenda item. 

The Commission had no questions for staff or the applicant

Motion: Approve the requested extension.
             
  Motion by Commissioner Robert Martin, seconded by Vice Chairman Ron Trees


 
AYE: Chairman Michael Bell, Vice Chairman Ron Trees, Commissioner Brent Hagenbuch, Commissioner Brent Thibeaux, Commissioner Robert Martin, Commissioner Tom Ocelli
6 - 0 Passed - Unanimously
             
   5. FINAL PLAT/ Alta 380 (FP-22-00117). Presentation, discussion, and consideration on a request for approval of a Final Plat for Alta 380, establishing 11 lots on approximately 30.853 acres, situated in the Marsella Jones Survey, Abstract No. 662, within Little Elm's Town limits.
  • Staff Report
  • Applicant Presentation
  • Discussion and Recommendation
  Fred Gibbs briefed the Commission on the agenda item. 

There were no questions for staff or the applicant.

Motion: Approve Final Plat
             
  Motion by Commissioner Tom Ocelli, seconded by Vice Chairman Ron Trees


 
AYE: Chairman Michael Bell, Vice Chairman Ron Trees, Commissioner Brent Hagenbuch, Commissioner Brent Thibeaux, Commissioner Robert Martin, Commissioner Tom Ocelli
6 - 0 Passed - Unanimously
             
   6. SUBDIVISION VARIANCE/Witt Road (VAR-21-06705). Presentation, discussion, and consideration on a request for a Variance from Section 107 - Subdivision Ordinance, for CEC Witt Addition on approximately 1.385 acres, situated in the H. KENDAL SURVEY, Abstract No. 713, within Little Elm's town limit, in order to allow a two-year grace period for requirements listed in Section 107.08.01 (b) - Adequate Public Facilities
  • Staff Report
  • Applicant Presentation
  • Discussion and Recommendation
  Fred Gibbs briefed the Commission on the previous submittals related to the variance. 
Wesley Brandon, presented his letter of denial for the variance, which was the prior step to applying for a variance from the Planning and Zoning Commission. 

Chairman Bell asked staff when the water lines were added. Staff answered that the water lines were added sometime around 2015 to 2017. 

Commissioner Ocelli asked staff if the applicant had purchased after the utilities had been installed. Staff answered that the applicant had purchased after the water utilities had been installed.

Chairman Bell wanted to clarify that if this was a new build, that the applicant would have the same burden? Staff confirmed that this would be the same case for a "new build."

Commissioner Martin asked what was the triggering event behind the variance request. Staff answered that the triggering event was the applicant for a Certificate of Occupancy for the structure which led to a Final Plat requirement, which can't be approved without connection to Town utilities. 

Applicant Alan Weiss, of 4920 Plantation Lane, Frisco TX, presented to the commission that one of the items in the water well inspection is an easy fix, and the neighbor of the subject property is also in a similar predicament. 

Project Engineer Paul West, 2205 Long Prairie Rd. Flower Mound TX, wanted to iterate to the Commission that this request was to allow for the building to finished out so that they could lease out the building in the future. 

Vice-Chair Trees asked the applicants if $20,000, as indicated during the presentation, was a fair estimate for the cost to connect to the utilities. The applicants answered that the cost would also need to include that of a water meter. Wesley Brandon stated that in order to reduce cost, the Town accepts a "Hot Tap" as a viable method to connect, which involves less impact on the water line. Paul West indicated that the applicants were willing to reduce the time of the variance from 2 years to just 1 year.

Chairman Bell asked the applicants if they were aware of the lot not being platted before they purchased it, the applicants were not aware it was not platted. 

Commissioner Martin asked town staff if the town would have an enforcement mechanism should the variance agreement not be met, staff replied that the best option would either be a bond or a temporary Certificate of Occupancy, but both are difficult to enforce.

Chairman Bell and Commissioner Hagenbuch had concerns over the follow-through of any agreement.

Chairman Bell asked Town staff what the next step would be for the applicant if the Commission denied the variance request. Staff answered that the applicant can appeal the decision to the Town Council. 

Vice-Chair Trees asked staff if the variance is approved tonight, will it still go to the Town Council for Approval. Staff answered that if the variance is approved tonight, it won't need to go to council. If the Commission approves, the variance is approved.

Commissioner Hagenbuch stressed that any approval of the variance would be setting a precedent for any similar cases brought up in the future. 

Applicant Alan Weiss let the Commission know that they were open to all three alternatives mentioned during the discussion. 

Motion: Deny the Variance
 
             
  Motion by Commissioner Tom Ocelli, seconded by Commissioner Brent Hagenbuch


 
AYE: Chairman Michael Bell, Commissioner Brent Hagenbuch, Commissioner Robert Martin, Commissioner Tom Ocelli
NAY: Vice Chairman Ron Trees, Commissioner Brent Thibeaux
4 - 2 Passed
             
   7. PUBLIC HEARING/ Hardwicke EDC Rezoning (Z-22-00287) Presentation, discussion, public hearing, and consideration of a request to rezone approximately .344 acres at 108 Hardwicke Lane, legally known as Lot 11, Block H, Little Elm Townsite from Single Family A1 (A1) to Lakefront District (LF).
  • Staff Report/Applicant Presentation
  • Open Public Hearing
  • Receive Public Comment
  • Close Public Hearing
  • Discussion and Recommendation
  Fred Gibbs presented the request to the Commission.

Jennette Espinosa, EDC Director, was available for questions. 

Commissioner Martin asked the applicant what the future plans were for the property. 
Jennette Espinosa answered that the long term plans for the property were for shared office space.

Motion: Approve the request.
             
  Motion by Commissioner Brent Thibeaux, seconded by Commissioner Robert Martin


 
AYE: Chairman Michael Bell, Vice Chairman Ron Trees, Commissioner Brent Hagenbuch, Commissioner Brent Thibeaux, Commissioner Robert Martin, Commissioner Tom Ocelli
6 - 0 Passed - Unanimously
             
   8. PUBLIC HEARING/ Providence Commons PD (PD-21-05005). Public hearing, discussion, and take action on a recommendation regarding a request to rezone approximately 9.8 acres of land, in order to establish a new Planned Development district based on Single Family 4 (SF-4) with modified development standards, to allow the development of a new single family residential subdivision. 
  • Staff Report/Applicant Presentation
  • Open Public Hearing
  • Receive Public Comment
  • Close Public Hearing
  • Discussion and Recommendation
  Staff presented request to table the item until the February 17th, 2022 Regular Planning and Zoning Commission Meeting.

Motion: Table item until the February 17th, 2022 Regular Planning and Zoning Commission Meeting
             
  Motion by Commissioner Robert Martin, seconded by Commissioner Brent Thibeaux


 
AYE: Chairman Michael Bell, Vice Chairman Ron Trees, Commissioner Brent Hagenbuch, Commissioner Brent Thibeaux, Commissioner Robert Martin, Commissioner Tom Ocelli
6 - 0 Passed - Unanimously
             
   9. PUBLIC HEARING/ US380 & 2931 Planned Development (PD-21-07422). Presentation, discussion, public hearing, and take action on a request to rezone approximately 19.151 acres of land, currently zoned as Planned Development (Ordinance No. 1589), in order to establish a new Planned Development district based on Light Commercial (LC), to allow a new commercial development with modified uses and development standards.
  • Staff Report/Applicant Presentation
  • Open Public Hearing
  • Receive Public Comment
  • Close Public Hearing
  • Discussion and Recommendation
  Staff presented the request to table the item until the February 17th, 2022, Regular Planning and Zoning Commission Meeting. 

Motion: Table item until the February 17th, 2022, Regular Planning and Zoning Commission Meeting. 
             
  Motion by Commissioner Brent Thibeaux, seconded by Commissioner Robert Martin

 
AYE: Chairman Michael Bell, Vice Chairman Ron Trees, Commissioner Brent Hagenbuch, Commissioner Brent Thibeaux, Commissioner Robert Martin, Commissioner Tom Ocelli
6 - 0 Passed - Unanimously
             
   5. Discussion of future agenda items, update on Council action, and requests for new business considerations
             
   6. Adjourn
  Chairman Bell adjourned the February 3, 2022, Regular Planning and Zoning Commission Meeting at 6:55pm.

    

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