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HomeMy WebLinkAboutPlanning and Zoning Commission-Minutes-2/10/2003 cceC6 Texas PLANNING & ZONING COMMISSION Minutes Meeting Date: Meeting Place: Monday, February 10, 2003 City Hall Council Chambers 5400 Bransford Road 7:00 P.M. Meeting Time: CALL TO ORDER ROLL CALL Chairman Wall called the meeting to order at 7:00 p.m. INVOCATION PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES January 27,2003 Commissioner Swift moved to approve the minutes as submitted. Commissioner Jones seconded the motion. The motion passed by unanimous acclamation. Bruce Kelly, Earl Swift, Jeff Byerly, Bud Sellers, Mark Jones, Jeff Wall Barry LeBaron, Clayton Husband, Jeff Jones, Tom Niederauer, Jan Levy Commissioner Wall Present: Staff: CITIZEN COMMENTS AGENDA ITEMS There were none 1. Case P-03-003 - Minor Plat of Debrecht Addition, 1.00 acres located at 304 W. Van Oaks Drive Clayton Husband presented the case to the commissioners and reviewed the staff briefing. Commissioner Jones moved to approve the minor plat. Commissioner Kelly seconded the motion. The vote being: Ayes: Kelly, Swift, Byerly, Sellers, Jones, Wall Noes: None 2. Case P-03-004 - Preliminary Plat of Emerald Park, 20.380 acres located on north side of L.D. Lockett Road, 555 feet east of Precinct Line Road Planning & Zoning Commission Minutes - February 10, 2003 Page 1015 Approved on March 10, 2003 Clayton Husband presented the case to the commissioners and reviewed the staff briefing. Commissioner Swift asked if Emerald Park was going to be a gated subdivision. Jeff Jones responded that it will be and he is satisfied that all of the requirements have been met. Commissioner Kelly asked if the addition of the second entrance will create a situation where the northern commercial lots will be less desirable. There was discussion about the second entrance being used as a fire lane and the impact on the commercial development. Chairman Wall asked questions about the open space and the percentage that is included in the retention pond as a water feature. There was discussion about the open space, the proposed pathway, and the type of collection facility proposed by the developer. The Chairman requested the applicant's engineer to address the Commission. Rod Ekern, Hagan Engineering, was present to explain the drainage plan for Emerald Park. There was discussion about the impact on the commercial property, screening requirements, and the entrance design. Commissioner Swift began discussion about increasing traffic on L.D. Lockett Road and the need to address the problems with the easUwest traffic patterns in the City. The commissioners entered into discussion about the need for improvements to L.D. Locket Road. Commissioner Jones moved to approve the preliminary plat for Emerald Park. Commissioner Byerly seconded the motion. The vote being: Ayes: Kelly, Swift, Byerly, Sellers, Jones, Wall Noes: None 3. Case Z-03-003 - PUBLIC HEARING - Zoning Change from AG to R20, 0.955 acres located on the west side of Pool Road in the 3400 block Clayton Husband presented the case to the commissioners and reviewed the staff briefing. Chairman Wall opened the public hearing. There was no one present wishing to speak, and the public hearing was closed. Commissioner Swift recommended approval of the zoning change from AG to R20. Commissioner Kelly seconded the motion. The vote being: Ayes: Kelly, Swift, Byerly, Sellers, Jones, Wall Noes: None 4. Case Z-03-004 - PUBLIC HEARING - Zoning Change from AG to PUD-R, 3.561 acres located at 404 W. McDonwell School Road Commissioner Sellers recused himself from discussion on this case. Planning & Zoning Commission Minutes - February 10, 2003 Page 2 of5 Approved on March 10, 2003 Clayton Husband presented the case to the commissioners and reviewed the staff briefing. Commissioner Jones said that many of the special conditions requested by the applicant are platting issues and questioned why they are being addressed at time of zoning. There was discussion by the commissioners and staff about the difference in the items as they relate to zoning and as they relate to platting. There was discussion about the property being considered on its own merits or as a piece of the overall Westcliff Addition. Chairman Wall opened the public hearing. Those present wishing to speak were: Joe Potthoff, Arlington, Texas, said he is a land planner working with the applicant. He said the special conditions requested by the developer meet the intent of the whole development. Mr. Potthoff explained that the purpose of PUD zoning is to look at exceptions to the zoning regulations and there has been precedence set for the kinds of conditions the developer is requesting. He said he takes exception to the staff comments about requiring the applicant to do something. He said no one can require the developer to do something different from what he asks for. Mr. Potthoff explained there were three considerations the commissioners should consider: 1) their first preference is to approve as the applicant has submitted; 2) an alternative is to table and let the applicant know what items they have a problem with; and 3) denial, which would be preferred to recommending changes that the developer has not asked for. There was discussion by the commissioners regarding the conditions the applicant has asked for. Ned Webster, attorney with Hill Gilstrap, Attorneys at Law, said he was representing Broadland Limited Partnership. He spoke about the purpose and intent of the PUD zoning regulations and the need to address the issues upfront rather than waiting for the property to be platted. Linda Baker, 404 W. McDonwell School Road, said she is the owner of the property. She explained about how it is in the best interest overall to include her property in the Westcliff Addition since it is now sandwiched in between a church, a City Park and the fire station. She requested that the commissioners take a leap of faith and look at her property as a part of the larger development. There was no one else present wishing to speak, and Chairman Wall closed the public hearing. The commissioners discussed the special conditions with staff and Chairman Wall asked to what extent are the conditions like the ones that have already been approved by City Council for the Westcliff Addition. The commissioners spoke about the limited authority that is given to the Planning and Zoning Commission and how the details of the PUD are worked out with the developer at time of consideration with the City Council. Commissioner Jones expressed concerns and requested a line item review for each special condition to determine if the special conditions have already been approved in the overall PUD for Westcliff Addition. Commissioner Jones moved to table the case so that staff can present the information requested by the Commission. Commissioner Byerly seconded the motion. The vote being: Ayes: Kelly, Byerly, Sellers, Jones, Wall Noes: Swift Planning & Zoning Commission Minutes - February 10, 2003 Page 3 of5 Approved on March 10, 2003 5. Case Z-03-002 - TABLED ITEM - Zoning Change from AG to R20 on Lot 2, Weston Ward Addition located at 6412 Ponderosa Lane Commissioner Sellers moved to remove the item from the table for discussion. Commissioner Jones seconded the motion. The motion passed by acclamation. Clayton Husband presented the case to the commissioners and reviewed the staff briefing. There was discussion about the letter of opposition that was submitted by the neighbor to the north of the requested zoning change and how the author of the letter was not present at the last meeting or this meeting. The commissioners did not think it was necessary to reopen the public hearing since there was no one present other than the applicant. Commissioner Sellers moved to recommend approval of the zoning change request from AG to R20. Commissioner Kelly seconded the motion. Commissioner Swift asked staff about the property adjacent to the west and the potential of horses being kept on the property. Clayton responded that the property is seven plus acres but it does not function as an agricultural use; however, horses are allowed in the zoning category for the property. Chairman Wall called for the vote. The vote being: Ayes: Kelly, Swift, Byerly, Sellers, Jones, Wall Noes: None 6. Discussion of Master Plan Update - Neighborhood Workshops Barry LeBaron and Tom Niederauer conducted an orientation regarding the series of neighborhood meetings that are scheduled to start on February 20, 2003. 7. Staff comments, reports and discussion items: There were none. 8. Commissioners' comments and reports: There were none. ADJOURNMENT The Commission moved to adjourn the meeting at 9:25 p.m. The motion was seconded and passed by acclamation. Planning & Zoning Commission Minutes - February 10, 2003 Page 4 of 5 Approved on March 10, 2003 Respectfully Submitted, Approved on: March 10, 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 - February 10, 2003 Page 5 015 Approved on March 10, 2003