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HomeMy WebLinkAboutPlanning and Zoning Commission-Minutes-7/11/2005 cc.~ Texas PLANNING AND ZONING COMMISSION MEETING MINUTES - July 11, 2005 CALL TO ORDER Chairman Byerly called the meeting to order at 7:00 p.m. ROLL CALL Present: Commissioners Thomas Dolan, Dave Dudziak, Thomas Bartkowski, Luann Edwards, John Blassingame and Jeff Byerly were present. Absent: Commissioners Duffy Barry LeBaron, Chris Fuller and Amy Shelley from staff were present. INVOCATION The invocation was given by Commissioner Dudziak. PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES Commissioner Edwards moved to approve the June 27, 2005 meeting minutes as written. Commissioner Dudziak seconded. The motion was approved by the following vote: Aye: Dolan, Dudziak, Bartkowski, Edwards, Blassingame and Byerly Nay: None CITIZEN COMMENTS REGARDING ITEMS NOT ON THE AGENDA None PUBLIC HEARING AGENDA ITEMS 1. Case P-05-023 - PUBLIC HEARING - Replat for Jennings Estates Addition on 3.9 acres, located at 6112 and 6115 Hunter Lane Chris Fuller presented the case and briefed the Commissioners. Commissioner Edwards questioned staff in regards to Lot 2R1; it does not appear to connect to the cul-de-sac? Barry LeBaron responded the lot is showing frontage on the cul-de-sac; there is an access easement which is what the property owner's have been able to access their property. Commissioner Edwards questioned staff if all the lots should be on the cul-de-sac? Barry LeBaron stated the property being referred is not part of the property ownership to this particular plat. Commissioner Byerly opened the public hearing at 7:11 p.m. There being no one wishing to speak, the public hearing was closed at 7:11 p.m. Planning & Zoning Commission Minutes - July 11, 2005 Page 1 of 7 Commissioner Edwards questioned staff if this arrangement of not having the lot on the cul-de-sac would not cause problems in the future? Barry LeBaron replied they still have an access easement to the cul-de-sac. He stated the cul-de-sac will now be completed with this plat, in the past, it was not completed. Commissioner Byerly questioned City Attorney, Matthew Boyle, if the plat can be approved without the easement on the plat? Attorney Boyle stated the easement is not required to have to be on this plat. Commissioner Dudziak made motion to approve case P-05-023. Commissioner Bartkowski seconded. The motion was approved by the following vote: Aye: Dolan, Dudziak, Bartkowski, Edwards, Blassingame and Byerly Nay: None 2. Case P-05-026 - PUBLIC HEARING - Replat for C-D Subdivision on 2.0 acres, located at 6513 & 6515 Colleyville Boulevard Chris Fuller presented the case and briefed the Commissioners. Commissioner Edwards questioned staff in regards to the applicant owing perimeter street fees for Colleyville Boulevard? Chris Fuller replied Colleyville Boulevard is a state highway and improved by the state. Barry LeBaron concurred with Chris Fuller the City has never collected for the state highway. Commissioner Byerly opened the public hearing at 7:16 p.m. There being no one wishing to speak, the public hearing was closed at 7:16 p.m. Commissioner Dudziak stated wanting to question the applicant in regards to what uses he will be using in the CN Neighborhood Commercial Zoning. Mr. Davidson replied medical offices. Barry LeBaron replied the property being zoned ML Light Manufacturing at one point and Mr. Davidson chose the CN zoning because the uses would be better for this location. Commissioner Dudziak stated the uses would be a good use for this area. Commissioner Blassingame made motion to approve case P-05-026. Commissioner Dudziak seconded. The motion was approved by the following vote: Aye: Dolan, Dudziak, Bartkowski, Edwards, Blassingame and Byerly Nay: None 3. Case Z-05-020 - PUBLIC HEARING - Request for a Special Use Permit for a covered carport on Lot 6, Block 1, Woodbriar Estates West Addition, located at 3609 Cliffwood Drive Chris Fuller presented the case and briefed the Commissioners. Commissioner Bartkowski questioned staff in regards if this is an existing carport? Chris Fuller replied this structure does not exist. Commissioner Byerly opened the public hearing at 7:31 p.m. Planning & Zoning Commission Minutes - July 11, 2005 Page 2 of 7 John McDaniel, the applicant, presented his request and briefed the Commissioners. Commissioner Blassingame questioned Mr. McDaniel if the materials to be used to construct are adequate for the neighborhood and aesthetically appeasing? Mr. McDaniel stated wanting to try to match the exterior of his home as much as possible. Commissioner Dolan questioned the applicant if the pad, the carport will be constructed on, was there when the property was purchased? Mr. McDaniel stated correct. Mrs. Emma Whittenberg at 3607 Cliffwood Drive, neighbor to Mr. McDaniel, stated having a strong positive endorsement for the carport stating it will improve the value of their home. Phillip Williams at 3612 Cliffwood Drive, neighbor to Mr. McDaniel, stated having a positive endorsement for the carport. There being no one wishing to speak, the public hearing was closed at 7:35 p.m. Commissioner Blassingame stated even though this application is not in compliance with the regulations, the applicant has made every effort to keep the aesthetics of the neighborhood. Commissioner Bartkowski questioned staff in regards to the 10 foot set back, why is that the standard number? Barry LeBaron stated when the carport regulations were written and the presentation was made to the city council, a structure that is attached to the house ought to comply with the regulations for the set back lines as the rest of the structure would have. Yet a detached structure would generally be closer to the rear or side property lines, maybe just enough set back so that the property owner could mow and prevent the grass from growing tall and becoming a code enforcement issue. Therefore, in order to give some line of demarcation between an attached and detached structure, one that had the regulations of the main structure and one that could use the five foot set back lines, we used the 10 foot set back. Commissioner Bartkowski questioned staff if the one foot set back as requested in this SUP, could become a fire hazard? Barry LeBaron replied not really, because a carport is open on all sides, therefore access to the back could be gained through entering the carport. In an accessory building, the sides are all enclosed making it difficult to get behind. Commissioner Edwards stated having reservations with the closeness of the carport, however, the neighbors do not have an issue. Commissioner Byerly concurred with Commissioner Edwards and stated the neighbors are positive about the carport. Commissioner Bartkowski questioned staff about the six foot drainage and utility easement in the back of the property as written on the plat. He stated the carport would encroach upon that easement. Barry LeBaron stated the carport and placement of the pad would not have that great of an impact on the easement. If Planning & Zoning Commission Minutes - July 11, 2005 Page 3 of 7 necessary to gain access to the easement, the carport pad could be cut. Commissioner Edwards made motion to approve case Z-05-020. Commissioner Dolan seconded. The motion was approved by the following vote: Aye: Dolan, Dudziak, Bartkowski, Edwards, Blassingame and Byerly Nay: None 4. Case Z-05-021- PUBLIC HEARING - Zoning change from AG to R20 on .815 acres, located at 2212 Glade Road Chris Fuller presented the case and briefed the Commissioners. Commissioner Edwards questioned staff if the applicant is the owner of the property and if not do we have a letter from the owner for this property? Chris Fuller replied the applicant is the owner and documentation is in the packet. Commissioner Bartkowski questioned staff if the R20 zoning is the largest the property could fit in? Barry LeBaron replied could fit in the R30 zoning. The applicant picked the R20 zoning because that is what is adjacent in the area. Commissioner Byerly opened the public hearing at 7:41 p.m. There being no one wishing to speak, the public hearing was closed at 7:41 p.m. Commissioner Byerly questioned staff if the applicant is present? The applicant was not present. Commissioner Byerly questioned staff if R30 zoning could be approved even though R20 is what is requested? Attorney Boyle replied the Commission could approve anything less intense than that which is noted and applied for. Commissioner Edwards questioned Commissioner Byerly as to why would they want to approve R30 when R20 is what has been applied for? Commissioner Byerly replied with the larger agricultural tracts to the side of this property, which is to say the applicant would not come in later and buy the properties, have them all zoned R20 and then subdivide for more density. The Master Plan wants to maintain the rural feel and the R30 gives more flexibility just in case the properties are sold. If the applicant were here, he would be able to tell us more of what his plans might be. Commissioner Edwards questioned staff if this property would meet the R30 requirements? Chris Fuller replied this property would conform to the R30 requirements. Barry LeBaron suggested to the Commission to table this item to be able to hear from the applicant, unless they are willing to make a motion on the R20 request. Commissioner Edwards and Commissioner Dudziak concurred with Barry LeBaron in regards to tabling this item. Commissioner Edwards made motion to table case Z-05-021 to the July 25, 2005 meeting. Commissioner Bartkowski seconded. Planning & Zoning Commission Minutes - July 11, 2005 Page 4 of 7 The motion to table was approved by the following vote: Aye: Dolan, Dudziak, Bartkowski, Edwards, Blassingame and Byerly Nay: None 5. Case Z-05-022 - PUBLIC HEARING - Request for a Special Use Permit for a covered carport on Lot 3, Block 1, Woodbriar Estates West Addition, located at 3701 Cliffwood Drive Chris Fuller presented the case and briefed the Commissioners. Commissioner Bartkowski questioned staff in regards to the rescinded letter? Chris Fuller replied Rolland Moraine sent a letter in opposition to this request and then rescinded the letter later. Commissioner Byerly questioned staff if the height on the charts presented for the carport is correct? Chris Fuller replied staff went with the calculations given by the applicant. Commissioner Byerly opened the public hearing at 7:50 p.m. Jonson Lake, 3701 Cliffwood Drive, the applicant presented the case and briefed the Commissioners. Commissioner Blassingame questioned Mr. Lake if he was not aware of the carport regulations? Mr. Lake replied he went with what the contractor was telling him. Commissioner Edwards questioned Mr. Lake if his intentions are to park a RV under the carport? Mr. Lake replied no, I just made the carport large enough for one to fit. Commissioner Byerly questioned Mr. Lake if that is a RV parked under the carport in the pictures presented? Mr. Lake replied no, that is a 30-foot enclosed trailer. Commissioner Byerly asked if the trailer and the boat would fit under the carport. Mr. Lake replied no. Commissioner Edwards questioned Mr. Lake where the boat would be parked? Mr. Lake replied on his parent's property, but the trailer would stay. Commissioner Byerly questioned Mr. Lake how tall the carport is, 12 foot 9? Mr. Lake replied 12 foot 9 in the front and 12 foot 6 in the back. Commissioner Edwards questioned Mr. Lake why the difference in height? Mr. Lake replied for water drainage. Commissioner Blassingame questioned Mr. Lake if he polled his neighbors other than the one right next to you? Mr. Lake replied he polled the neighbor to the east and south. Phillip Williams at 3612 Cliffwood Drive spoke in opposition to the carport and has concerns with the height and appearance of the carport. Jim Schmulen, 3616 San Bar, spoke in opposition to having a structure that does not conform to the regulations of the city. Stated having issues with the height and visibility of the carport from his property, especially during the winter time when the foliage would not cover the structure. Planning & Zoning Commission Minutes - July 11, 2005 Page 5 of 7 Commissioner Dudziak questioned Mr. Schmulen if the aesthetics of the carport meet the ambiance of the neighborhood. Mr. Schmulen replied no, it does not. Mrs. Emma Whittenberg at 3607 Cliffwood Drive spoke in favor of the carport for the interest of harmony in the neighborhood. The applicant is trying to get some of the items he needs to store off of the street. There is no sense in sweating the small stuff. Mr. Lake spoke in regards to the pictures Mr. Schmulen presented the elevations of our properties are different so just the fence would be something seen from his property. Mr. Schmulen stated the fence is higher than 6 or 8 feet. Mr. Lake stated the fences are the same height. There being no one wishing to speak, the public hearing was closed at 8:01 p.m. Commissioner Dudziak stated the style of the carport does not meet the zoning standards and does not fit the ambiance of the homes. Commissioner Blassingame concurred with Commissioner Dudziak and though sometimes the Commission approves items that are not compliant with code, it appears the applicant has made no attempt to be in compliance or even try to satisfy the neighbors in any way. He stated by his count, the request is 4 to 1 against this request. Commissioner Byerly concurred with Commissioner Dudziak and Commissioner Blassingame and it does not fit within the character of the neighborhood and the neighbors do not want it. Commissioner Dolan stated the applicant may have been the victim, but the size of the carport is so far out of compliance that he would not be able to support the request. Commissioner Dudziak made motion to deny case Z-05-022. Commissioner Byerly seconded. The motion to deny was approved by the following vote: Aye: Dolan, Dudziak, Bartkowski, Edwards, Blassingame and Byerly Nay: None STAFF REPORTS None COMMISSIONER COMMENTS None ADJOURNMENT The Commission adjourned the meeting at 8:05 p.m. by acclamation. Planning & Zoning Commission Minutes - July 11, 2005 Page 6 of 7 Respectfully Submitted, Amy Shelley Planning and Zoning Assistant Approved on: July 25, 2005 Planning & Zoning Commission Minutes - July 11, 2005 Page 7 of 7