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HomeMy WebLinkAboutPlanning and Zoning Commission-Minutes-6/9/2003 ccen@ l""xa!l PLANNING AND ZONING COMMISSION MEETING MINUTES - June 9, 2003 CALL TO ORDER Chairman Wall called the meeting to order at 7 p.m. ROLL CALL Commissioners Bruce Kelly, Earl Swift, Jeff Byerly, Mark Jones, Bud Sellers and Jeff Wall were present. Commissioner Bob Culley was absent. Barry LeBaron, Clayton Husband, Jeff Jones and Jan Levy from staff were present. INVOCATION The invocation was given by Commissioner Jones. PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES May 27, 2003 Commissioner Jones moved to approve the minutes as written. Commissioner Sellers seconded the motion. The motion passed by unanimous acclamation. CITIZEN COMMENTS There was none. AGENDA ITEMS [NOTE: The Chairman moved item #3 on the agenda to the first item for consideration.] 1. Case Z-03-011 - PUBLIC HEARING - Request for a Special Use Permit for an Accessory Building on Lot 3, Block 1, Hidden Acres Addition, located at 1212 Holly Lane Chairman Wall made an announcement that staff received a telephone call from the applicant, Jode Wilson, advising that they intend to withdraw their application for the special use permit, but staff did not receive anything in writing. There was discussion by the Commissioners about how they would proceed with consideration of the case. They discussed passing over the item and taking no action, tabling the item, or opening the public hearing on the item to allow those present wishing to speak to comment and then take action on the item. It was decided by the Commission that the chairman would open the public hearing for comments by the citizens. Clayton Husband presented the case to the commissioners and reviewed the staff briefing. Staff addressed questions by the commissioners regarding how many structures are currently on the property; subdivision covenants and restrictions and the impact they have on Planning & Zoning Commission Minutes - June 9, 2003 Page 1 0(4 Approved on July 14,2003 consideration of the case; and regulations for parking a large commercial truck on residential property. Chairman Wall opened the public hearing. Those present wishing to speak were: Karen Jarsted, 1208 Holly Lane, spoke in opposition to the case. She raised concerns over the height of the building, the size of the truck the applicants want to park in the garage, and she told the commissioners about a neighborhood meeting on June 3rd with the applicant and how the proposed location varies from the site plan exhibit. Ms. Jarsted presented a petition with additional signatures in opposition to the special use permit. John Perone, 1216 Holly Lane spoke in opposition to the request. He explained what the applicant spoke about at their meeting was very different from what the applicant portrayed in the special use permit application materials. He said the picture that the applicant submitted would not be big enough to house the Kenworth truck he plans to garage. Mr. Perone said that rather than working within the regulations, the applicant is requesting variances from the neighborhood deed restrictions and variances from City regulations. He said the seller's real estate agent told him that the location of the garage on the exhibit really isn't the location where the garage will be placed. Mr. Perone said the request for a special use permit for an accessory building this size does not match the feel of the neighborhood. Commissioner Swift asked Mr. Perone if the applicant mentioned a second story for the garage in any of his conversations. Mr. Perone said the applicant only mentioned a loft. Ann Hardy, 7100 Waldon Court, said she developed the Hidden Oaks subdivision 24 years ago and the intent of the covenants and restrictions were to not allow a cab of an 18 wheeler to be parked within the neighborhood, nor allow the construction of this kind of building in the neighborhood. She said she was opposed to the request. Elise Pister, 7200 Holly Lane, spoke in opposition. She said she does not want the tree line to be destroyed and a tractor trailer does not belong in the neighborhood. David Washington, 7300 Hix Court, spoke in opposition. He said the applicant did not state the size of the truck he plans on parking in the accessory building in the application and the way the application is written, someone would assume the applicant wants to park is an antique vehicle in the accessory building. He said there is an inconsistency because the property is not under contract and this is just a speculative proposal. There was no one else present wishing to speak, and Chairman Wall closed the public hearing. Commissioner Swift moved to recommend denial of the special use permit application. Commissioner Jones seconded the motion. The vote being: Ayes: Kelly, Swift, Byerly, Sellers, Jones, Wall Noes: None Planning & Zoning Commission Minutes - June 9, 2003 Page 2 of 4 Approved on July 14, 2003 2. Case P-03-011 - PUBLIC HEARING - Replat of Lot 18, Block 3, Andy Felps Addition, located on the northeast corner of Cheek Sparger Road and Felps Drive Clayton Husband presented the case to the commissioners and reviewed the staff briefing. There was discussion by the commissioners and staff regarding the zoning history of property in the Andy Felps Addition. Chairman Wall opened the public hearing. Those present wishing to speak were: Virginia Garrett, 1218 Cheek Sparger, asked questions about the size of the lots. Vernell Greer, 4001 Felps, asked questions about how many lots would be created. Steve Knight, 3917 Felps Court, said he was glad to see an interest in residential growth in the area. He asked questions about deed restrictions on the property and if the City imposed a minimum house size, and about the easement. Staff responded to his questions. Mrs. Garrett, asked questions about the driveway location and commented on the dangerous "S" curve on Cheek Sparger. Staff commented on driveway designs on collector streets. Jerry Brogdon, applicant, spoke about his plans for the property. He said he plans on adding a third bedroom to the existing house. He said the driveway will have an approach that is safe and addresses all safety concerns, and he plans on constructing an approximately 3,000 square foot custom home on the newly created lot. There was no one else present wishing to speak and the public hearing was closed. Commissioner Jones commented about the current Master Plan that was adopted in 1998 and how there was a vision for the area to become commercial. He said the community has seen otherwise and there is a resurgence of residential development in this area. Commissioner Sellers moved to approve the replat. Commissioner Kelly seconded the motion. The vote being: Ayes: Kelly, Swift, Byerly, Sellers, Jones, Wall Noes: None 3. Case P-03-012 - Amended Plat of Lot 31R, Block A, Brook Meadows Addition, located at 4400 Shadywood Lane Clayton Husband presented the case to the commissioners and reviewed the staff briefing. Commissioner Jones moved to approve the amended plat. Commissioner Byerly seconded the motion. The vote being: Planning & Zoning Commission Minutes - June 9, 2003 Page 3 of 4 Approved on July 14,2003 Ayes: Kelly, Swift, Byerly, Sellers, Jones, Wall Noes: None 4. Discussion of the Master Plan Update: Barry LeBaron spoke about the workshop that is scheduled for Thursday night and he reviewed the reason for the workshops. He went over the upcoming schedule and spoke about the status of the telephone interviews. 5. Staff Comments, Reports and Discussion Items: Barry LeBaron commented on the commissioners taking action on a request when the applicant is not present to enter into the discussion. He said since the applicant of the earlier case told staff they were going to withdraw their request, it was a moot point. He explained the reason the City Council established the procedures for requiring a special use permit for accessory buildings. 6. Commissioners' Comments and Reports: There were none. ADJOURNMENT The Commission adjourned the meeting at 8:20 p.m. by acclamation. Respectfully Submitted, ~~ Levy lanning & Zoning Assistant Approved on: July 14, 2003 as written. Note: As a matter of public record, an audio recording of this Planning and Zoning Commission meeting is available upon request. Planning & Zoning Commission Minutes - June 9, 2003 Page 4 of 4 Approved on July 14,2003