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HomeMy WebLinkAboutPlanning and Zoning Commission-Minutes-10/28/2002 PLANNING & ZONING COMMISSION Meeting Minutes - October 28, 2002 Chairman Jeffrey Wall called the regular meeting of the Planning and Zoning Commission to order at 7:00 P.M. on October 28,2002. RollCall: Present: Bruce Kelly, Bob Culley, Earl Swift, Jeff Byerly, Bud Sellers, Mark Jones, Jeff Wall Staff: Barry LeBaron, Clayton Husband, Jeff Jones, Jan Levy Invocation: Commissioner Kelly Pledge of Allegiance Approval of Minutes: October 14, 2002 Chairman Wall moved to approve the minutes of the October 14, 2002 meeting as written. Commissioner Kelly seconded the motion. The vote being: Ayes: Kelly, Culley, Swift, Byerly, Sellers, Jones, Wall Noes: None Chairman Wall announced that the commissioners received a letter from David Bagwell telling them that he is withdrawing his zoning change request on McDonwell School Road, Case Z-02- 028, Item #3. Chairman Wall said the Commission will not be considering that item and would not conduct a public hearing. Citizen Comments: There were none. 1. Case P-02-041 PUBLIC HEARING - Replat of Lot 11 R, Block A, Leyton Grove, 1.589 acres located at 5309 Braedon Lane Clayton Husband presented the case to the Commission and reviewed the staff briefing. He told them that the lots exceed the requirements of the R20 zoning district. There were no questions by the commissioners regarding the replat. Chairman Wall opened the public hearing. There being no one present wishing to speak, the public hearing was closed. Commissioner Jones moved to approve the replat. Commissioner Culley seconded the motion. The vote being: Planning & Zoning Commission Minutes - October 28, 2002 Page 1 of 5 - Draft "1 (11""02) Ayes: Kelly, Culley, Swift, Byerly, Sellers, Jones, Wall Noes: None 2. Case Z-02-027 PUBLIC HEARING. Zoning Change from AG to R20 Single Family Residential on 0.443 acres located at 612 Shelton Road Clayton Husband presented the case to the Commission and reviewed the staff briefing. He also said there are no future plans for commercial development of property in the area and this zoning change was to make the property more buildable. He told the commissioners that the Master Plan indicates that the area is to be developed for residential uses and the infrastructure is already in place to service the lot. Commissioner Swift asked Clayton to display the slide for the zoning of surrounding properties. Chairman Wall opened the public hearing. Those present wishing to speak were: Bill & Dinah Stevens were present to represent the case. Commissioner Swift asked the applicants what they envision for their property. They told the commissioners that they plan on building a new home facing Shelton. Commissioner Culley asked the applicants about the position of the home across the street on Hunter. They responded that the property was vacant. Commissioner Culley asked them if they plan on leaving the other accessory buildings. Bill Stevens said they plan on repainting and repairing the one accessory building for a work shop and the one building in the very back of the property has already been removed. Mary & Mark Watson, owners of the property on the northeast comer of Shelton and Hunter, living at 4200 Briar Ridge, said they have put off building on their lot. The asked about the plans to widen Hunter and said they were concerned about the right-of-way not being equally divided between the properties to the east and to the west. Chairman Wall told Mr. and Mrs. Watson that he would direct their question to staff at the close of the public hearing. There being no one else present wishing to speak, the public hearing was closed. Chairman Wall asked staff about future improvements to Hunter. Clayton Husband responded that there are no current plans to widen Hunter nor are their any CIP plans for that street. He said sufficient right-of-way will be acquired when the property is platted. He said the right-of-way for a local street is a minimum of 50', and the measurement will be tied down by a surveyor during platted and taken evenly from the center line. Commissioner Jones asked staff to restate the issues and differences between zoning and platting. Staff responded to his request. Commissioner Culley commented on the work on the Master Plan. He said they have talked about preserving types of zoning for certain areas of the City. He asked the other commissioners for their comments about whether or not this is an area they would be encroaching into a particular zoning category by rezoning this property to R20. Planning & Zoning Commission Minutes - October 28, 2002 Page 2 of 5 - 0..." #11 (11""02) Commissioner Jones said they have not received any feedback or opposition for the surrounding property owners. Commissioner Kelly responded that erosion of density may be an issue in some areas, but not with this particular case. Chairman Wall said when there has been strong citizen concerns they have taken that into consideration for denying a zoning change request. He said there is a general mix of zoning in the area, no definite solid block of zoning, and no citizen concerns so there would be less problems with approving the R20 zoning for this lot. Commissioner Jones moved to recommend approval of the zoning change to R20. Commissioner Culley seconded the motion. The vote being: Ayes: Kelly, Culley, Swift, Byerly, Sellers, Jones, Wall Noes: None 3. Case Z-02-028 PUBLIC HEARING - Zoning Change from AG to PUD-R Planned Unit Development Residential on 3.561 acres located at414 W. McDonwell School Road This item was not discussed due to the letter from the applicant withdrawing the case. 4. Case P-02-042 - Final Plat of Westcliff Addition, 57.112 acres located on the north side of McDonwell School Road, west of Fire Station No.3 Clayton Husband presented the case to the Commission and reviewed the staff briefing. He displayed a slide of the aerial view of the property. He told the commissioners that the developer, David Bagwell, has reached an agreement with the City and has agreed to construct the hike and bike trail. Commissioner Jones said this is the third time they have considered a final plat for this property and he asked staff if they are in support of this plat. Barry LeBaron recapped the previous action taken by the Commission and said that the denial was due to the applicant's unwillingness to construct the trail. He said Mr. Bagwell has entered into an agreement with the City and the Developer Agreement will go to City Council at the same meeting that City Council considers this final plat. He said staff is comfortable with the recommendation of approval. Eddie Eckert, Goodwin & Marshall, Inc., was present to represent the case. Commissioner Culley commented and thanked Mr. Eckert for his demeanor and willingness to work with the commissioners throughout this process. Commissioner Culley moved to approve the final plat of the Westcliff Addition. Commissioner Swift seconded the motion. The vote being: Planning & Zoning Commission Minutes - October 28, 2002 Page 3 of 5 - D",,, #11 (11/4/02) Ayes: Kelly, Culley, Swift, Byerly, Jones, Wall Noes: None Commissioner Sellers told the commissioners that he was recused from considering the case. 5. Staff comments, reports and discussion items: Barry LeBaron instructed the commissioners on residential replats and explained the State Legislative requirements. He also explained the PUD zoning process and how it differs from straight zoning. There was discussion about the protocol for requsing oneself from a case. 6. Commissioners' comments and reports: Commissioner Culley said he appreciates the way staff constructs the information for the Commission's consideration. He said he wanted to make sure that the applicants are aware that the commissioners will consider all of the points the applicants are asking for and not just the ones highlighted by staff. Commissioner Swift said he was not able to attend the joint meeting for the Master Plan and asked staff for an update on the project. Barry LeBaron explained the strategy on how they will create a Master Plan and how that strategy came from the discussion at the meeting. Commissioner Kelly asked questions about the use of consultants. Commissioner Swift spoke about the length of time it took for the Highway 26 expansion plan and asked if milestones for the Master Plan will be laid out. Commissioner Jones brought up the point of Management by Objectives and asked staff how often staff reviews objectives. Staff addressed all of the questions. Chairman Wall asked the commissioners to look at their schedules so they can be available at future Master Plan meetings. He told them he hopes a majority of commissioners can attend the meetings. ADJOURNMENT: The Commission moved to adjourn the meeting at 7:55 p.m. The motion was seconded and passed by acclamation. Respectfully Submitted. Jan Levy Planning & Zoning Assistant Planning & Zoning Commission Minutes - October 28, 2002 Page 4 of 5 - Draft tl1 (1114102) Approved on: 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 - October 28, 2002 Page 5 of 5 - DRIft .1 (11/4/02)