HomeMy WebLinkAboutPlanning and Zoning Commission-Minutes-8/9/2004
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PLANNING AND ZONING COMMISSION
MEETING MINUTES - August 9, 2004
CALL TO ORDER
Chairman Byerly called the meeting to order at 7:05 p.m.
ROLL CALL
Commissioners Jeff Byerly, Bruce Kelly, Earl Swift, Thomas
Dolan, Dave Dudziak, Denis Duffy, and Luann Edwards
were present.
Barry LeBaron and Clayton Husband from staff were
present. Ross Foster, City Attorney was present.
INVOCATION
The invocation was given by Commissioner Byerly.
CITIZEN COMMENTS
None
AGENDA ITEMS
1. Case Z-04-028 - PUBLIC HEARING - Zoning Change from R20 to CN Neighborhood
Commercial on Lot 2, Block 2, Thompson Terraces Subdivision, located at 5005 Thompson
Terrace
Chairman Byerly announced that he will recuse himself from discussion and voting on this
zoning change request due to his company having a property listed for sale on Thompson
Terrace. Commissioner Edwards chaired the meeting for this zoning case.
Clayton Husband presented the case to the Commission and reviewed the staff briefing.
Commissioner Edwards opened the public hearing.
Carol King, 5000 Oak Timbers Court. She stated she would like to see the developer
construct an eight-foot fence between her property and this property. She stated her
concern that the site may not have enough parking.
There being no one else wishing to speak, the public hearing was closed.
Jerry Pedersen, 4100 Coachman Lane, applicant. He stated they haven't started on
landscape design or plans for fences. He stated the parking issue brought up during the
hearing is related to cars parking in the street.
Commissioner Edwards asked if the parking requirements have been satisfied. Staff
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advised that the layout meets the parking requirements. Commissioner Edwards asked,
what type of buffer is required between commercial and residential properties. Staff
explained the landscape buffer and screening requirements.
Motion by Commissioner Duffy to approve the zoning change request. The motion was
seconded by Commissioner Swift.
The motion was approved by the following vote:
Aye: Edwards, Dolan, Dudziak, Duffy, Kelly
Nay: None
Chairman Byerly resumed as chair of the meeting.
2. Case Z-04-026 - TABLED ITEM - Zoning Change from R30 to PUD-R on Lots 1 and 2,
Block 1, Neidholt Addition, 2.23 acres located at 103-105 John McCain Road
Motion by Commissioner Kelly to remove the item from the table. The motion was
seconded by Commissioner Duffy.
The motion was approved by the following vote:
Aye: Byerly, Edwards, Dolan, Dudziak, Duffy, Kelly, Swift
Nay: None
Clayton Husband presented the case to the Commission and reviewed the staff briefing.
Jody Boyd, 710 Creek Crossing Trail, Keller, applicant. He presented two exhibits showing
the existing two-lot layout and proposed four-lot layout, which showed location of building
pads on the lots.
Commissioner Edwards asked if there were any drainage problems with the most recent
rains. Mr. Boyd stated no.
Commissioner Duffy stated most of the surrounding properties to the north and west are
higher than the Battle's property and asked how the drainage will be addressed. Mr. Boyd
stated they are required to satisfy the drainage and detention requirements of the Land
Development Code. Staff advised that the Engineering Department has reviewed the
preliminary drainage analysis for the property and will require a swale to direct the water
south to an off-site detention pond.
Chairman Byerly asked if the developer was willing to increase the rear building line to
twenty-five feet to ensure the houses are further away from the Battle's property. Mr. Boyd
stated he feels that change is not needed because the owner's of the lots will likely want to
have large back yards, which will place the house at the front building line.
Chairman Byerly opened the public hearing.
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Brandon Battles, 101 John McCain Road. He stated his concerns about drainage and the
proximity of the new homes. He stated they met with the developer, who agreed to allow a
third-party engineer to review the drainage plans.
Commissioner Dolan asked if any of the recent rains reach the swimming pool. Mr. Battles
stated the water level was within an inch of going over the top. Commissioner Dolan if he
is satisfied with the drainage proposal from the applicant. Mr. Battles stated the detention
pond is higher than it was before, making it difficult for the water to leave the south side of
the lot.
Mr. Boyd stated that Old Grove is in the middle of the construction process, and the final
improvements are not in yet. He stated they have made accommodations for the water in
the overall plans for the subdivision.
Commissioner Edwards asked Mr. Boyd if they are willing to commit to a 25-foot rear
setback. Mr. Boyd stated yes. Commissioner Edwards asked if Mr. Boyd would be willing
to increase the setback to more than 25 feet. Mr. Boyd stated no.
There being no one wishing to speak, the public hearing was closed.
Motion by Commissioner Edwards to approve the zoning change, subject to the rear
building line being changed to 25 feet. The motion was seconded by Commissioner Kelly.
Commissioner Swift stated the benefits of the proposal offset the negative aspects,
especially in regard to traffic safety.
The motion was approved by the following vote:
Aye: Byerly, Edwards, Dolan, Dudziak, Duffy, Kelly, Swift
Nay: None
Commissioner Duffy stated that the drainage issues need to be closely monitored during
the construction of the subdivision.
STAFF REPORTS
Staff thanked the Commission for attending the joint work session with the City Council,
and that they would advise the Commission of any future work sessions desired by the
Council.
COMMISSIONER COMMENTS
Commissioner Duffy stated the draft of the new master plan was well done by the
Commission.
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ADJOURNMENT
The Commission adjourned the meeting at 7:53 p.m. by acclamation.
Respectfully Submitted,
J. CI 0 Husband AICP
Development Coordinator
Approved on: August 23, 2004
Note: As a matter of public record, an audio recording of this Planning and Zoning Commission meeting is
available upon request.
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