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HomeMy WebLinkAboutPlanning and Zoning Commission-Minutes-11/28/2005 (4) .~ Texas PLANNING AND ZONING COMMISSION MEETING MINUTES - October 24,2005 CALL TO ORDER Chairman Byerly called the meeting to order at 7:00 p.m. INVOCATION Present: Commissioners, Robert McCormick, Dave Dudziak, Tom Bartkowski, Mary Taylor, John Blassingame, Denis Duffy and Jeff Byerly Barry LeBaron, Chris Fuller and Amy Shelley from staff were present. The invocation was given by Commissioner Dudziak ROLL CALL PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES Commissioner Blassingame moved to approve the October 10, 2005 meeting minutes as written. Commissioner Duffy seconded. The motion was approved by the following vote: Aye: McCormick, Dudziak, Bartkowski, Taylor, Blassingame, Duffy and Byerly Nay: None LEGAL BRIEFING BY CITY ATTORNEY ON AGENDA ITEMS None Commissioner Duffy made motion to move tabled Case Z-05-028 - Request for a Special Use Permit to allow for horses on Lot 29, Block 4 of the Western Trails Addition located at 500 Wagonwheel Court to item number three on the agenda. Commissioner Byerly seconded. The motion was approved by the following vote: Aye: McCormick, Dudziak, Bartkowski, Taylor, Blassingame, Duffy and Byerly Nay: None CITIZEN COMMENTS REGARDING ITEMS NOT ON THE AGENDA None PUBLIC HEARING AGENDA ITEMS 1. Case Z-05-027 - PUBLIC HEARING - Request for a zoning change from R40 Single Family Residential to CPO Professional Office with a Special Use Permit for a privately operated school on Lot 1, Block 3 of the Southgate Addition located at 909 Cheek Sparger Road Barry LeBaron presented the case and briefed the Commissioners. Planning & Zoning Commission Minutes - October 24, 2005 Page 1 of 14 David Meadows, the applicant, came forward to present the request and answer any questions the Commissioners had. Arthur Pengelly, the trustee for Covenant Christian Academy, came forward to present the request and answer any questions the Commissioners had. Keith Costello, Headmaster for Covenant Christian Academy, came forward to present the request and answer any questions the Commissioners had. Bill Anderson, President of Covenant Christian Academy, came forward to present the request and answer any questions the Commissioners had. Commissioner Taylor questioned Mr. Costello in regards to if they tried to purchase the land where the temporary buildings are? Mr. Costello replied correct. Commissioner Taylor questioned Mr. Costello in regards to what does the church plan to do with that property? Mr. Costello replied not knowing. Commissioner Duffy questioned Alan Huckabee, the architect for Covenant Christian Academy, regarding what are the plans for the entire school length of Cheek Sparger Road and turning down Wayne Drive, what is the flow for that area? Mr. Huckabee deferred to the school to answer the question. Commissioner Duffy questioned Mr. Huckabee if the open land behind the current school is Covenant Christian Academy's property? Mr. Huckabee replied yes. Commissioner Duffy questioned Mr. Huckabee what the ingress into that property is? Mr. Huckabee replied currently the entrance to that property is off of Cheek Sparger Road. Commissioner Duffy questioned Mr. Huckabee if that land would be used for building? Mr. Huckabee replied in the current PUD ordinance there is a line that demarks the building. The school has some room behind the current building that they occupy, but currently behind that building is a detention structure. Commissioner Duffy questioned Mr. Huckabee in regards to how the increase in flow will be handled on Cheek Sparger Road? Mr. Huckabee replied there not being any notations regarding the right of way allowed for the dedication to increase Cheek Sparger. Mr. Huckabee replied they have been working with the city on current property regarding the widening of Cheek Sparger Road. Commissioner Duffy questioned staff regarding if money had been escrowed to the city for the street? Barry LeBaron replied they have the right of way. When the plan was approved in 1999, the school put in a left turn lane on Cheek Sparger Road. There is a plan for a traffic study to be submitted at the time of building permit. That study will be used to determine what type of roadway improvements would need to be made at that time. Barry LeBaron stated a Traffic Impact Analysis is only required if there are 1,000 new trips per day, there are not going to be 1,000 new trips at this time, the school is simply wanting to relocate existing students. Commissioner Duffy questioned Mr. Huckabee or somebody to answer what is the plan to take care of the traffic on Cheek Sparger and Wayne Drive? Mr. Pengelly replied with 18 to 20 classrooms in the new building, we plan to address the traffic on Cheek Sparger Road and Wayne Drive once the traffic study is complete and we will pay for the cost of the study. Commissioner Duffy stated not the cost of the study, but the cost of the improvements. Mr. Pengelly concurred. Commissioner Byerly questioned Mr. Pengelly what the maximum enrollment will be Planning & Zoning Commission Minutes - October 24, 2005 Page 2 of 14 when the building is complete? Mr. Pengelly replied the maximum enrollment could place between 450 and 750 students. Commissioner Byerly questioned Mr. Pengelly what does he think the capacity will be upon completion of the new building? Mr. Pengelly replied about 700 to 750 students. Commissioner Duffy questioned Mr. Pengelly if the property behind the school would sit empty? Mr. Pengelly replied the property behind is restricted from their intended use according to the PUD ordinance, the land is to be used for an upper school not a lower school. Commissioner Duffy questioned if an upper school consisting of 8th thru 1 ih grades could be constructed on that empty property? Mr. Pengelly replied yes but only if there is enough room. Mr. Costello, stated for clarity, the 750 number comes from taking 54 students per grades, Pre-K thru 12th grade. The grammar school to be constructed would house the class rooms necessary for 54 students per grades 1st thru 5th grade. In addition, with the class rooms we have currently, we will need 8 more classrooms additionally for the grammar school to fully complete a 750 student campus. He stated the open lot is currently being used for the athletic programs of the school. Commissioner Duffy questioned Mr. Costello regarding the CPO zoning restrictions, for example not being able to use the building at night? Mr. Costello replied all of the restrictions have been reviewed. Commissioner Duffy questioned Mr. Costello if those restrictions would work for the use of the school? Mr. Costello replied not knowing at this time. Commissioner Dudziak questioned staff regarding if in the PUD that currently exists for this property, is there an actual 750 number being referenced for the maximum number of students? Barry LeBaron replied not remembering about the number of students allowed. Commissioner Dudziak replied the 750 number would not apply to this new facility because it would not be part of the PUD ordinance. Barry LeBaron concurred. Mr. Meadows replied the PUD states the school would not be larger than 750 students total. Commissioner Byerly questioned Attorney Boyle regarding if limiting the enrollment to 750 students would be fair? Attorney Boyle stated the condition could be crafted. Commissioner Dudziak questioned Mr. Meadows regarding if there is some city use of the facility? Mr. Meadows stated having been approached by the city for the use of the field for soccer and so forth. Mr. Meadows stated for clarity that the goal of the school is to have three buildings with 250 students per building. To look at the math, the current building is at that 250 mark. The three buildings would put the school at 750 students. Commissioner Byerly opened the public hearing at 7:55 p.m. Ed Moore, 124 Timberline North, commended the school for the academics but stated being opposed to the rezoning request with concerns with the traffic on Cheek Sparger Road. Donald Hudson, 4109 Southwood East, Saddlebrook Addition, stated having been Planning & Zoning Commission Minutes - October 24, 2005 Page 3 of 14 involved with the school since they moved here. He stated he is a parent with students of the school and has two students that have graduated with there. He stated the Homeowner's Association president of the Saddlebrook Addition has suggested being opposed to the rezoning request; however the whole neighborhood has not been addressed. He stated having a petition in favor of the rezoning request. He stated having concerns with traffic, but the school has provided answers to some of the concerns and he is overall pleased with the school. Jim Sherrill, 6804 Kennedy Drive, spoke in favor of the rezoning request. He stated having students currently in the school and stated the school is a positive asset to Colleyville. Allan Werst, 3808 Wayne Drive, spoke in opposition to the rezoning request stating the area is deed restricted to residential use only. Helen Werst, 3808 Wayne Drive, spoke in opposition to the rezoning request. She stated having issues with drainage and traffic. Steven Fryer, 4300 Briar Ridge Drive, stated on behalf of the Board of Directors for the Saddlebrook Homeowner's Association, being in opposition to the rezoning request. He stated having polled 10 neighbors who back up to Cheek Sparger Road, 1 in favor, 1 no answer, 8 against and all having issues with noise, size, traffic, parking inside Saddlebrook Addition, an increase in number of students, diversion of traffic through Saddlebrook Addition and lighting issues. He questioned what is the future use of these structures once the school outgrows the buildings? He stated he would like to see a traffic study done. He questioned how to handle potential problems down the road. Tom Ragsdale, 5005 Rose Street, spoke in favor of the rezoning request and stated this being an attempt by Covenant Christian Academy to take care of space issues. The school is building excellence with quality programs. This is positive for Colleyville. He stated traffic is always a problem around elementary schools. The school is seeking to take responsibility to accommodate everyone's interest. John Colby, 4001 Mockingbird Lane, stated lighting has been an issue; however it is still over lit for a neighborhood. He stated having issues for the city letting them do things that are not appropriate for a neighborhood. Greg Winslow, 3916 Wayne Drive, stated the school is in violation of the PUD ordinance for phase I and phase II. He stated there is plenty of room for the expansion of the school on their property. He stated this would go against the Master Plan which states protecting the safety and serenity of Colleyville. He stated having issues with traffic, flooding and crime control. Bruce Frankie, 5704 Bransford Rd, owner of Daisy Hill Academy, stated being opposed to the expansion of Covenant Christian Academy. Greg Jones, 903 Inwood Lane, spoke in opposition to the rezoning request. He stated having issues with drainage, noise, lights and traffic. He stated the school has no concerns for the neighborhood. He stated not understanding why the school could not use the land they currently have. He stated having issues with encroachment on neighbors. He stated the rezoning will have a negative impact on the value of the Planning & Zoning Commission Minutes - October 24, 2005 Page 4 of 14 homes. He stated being opposed to the gym the school has because of the proximity to his home. Commissioner Byerly adjourned the public hearing at 8:45 p.m. Commissioner Byerly reconvened the public hearing at 9:00 p.m. Elaine Wagner, 3716 Wayne Drive, stated it has been difficult to be a good neighbor. She stated the best use of the land is residential. She stated opposing the rezoning request. Douglas Wagner, 3716 Wayne Drive, spoke in opposition to the rezoning request, stating the land is deed restricted. He stated the sewer system will not handle this request. He stated having issues with traffic, sewer and drainage. Kristin Williams, 708 Saddlebrook Drive, spoke in favor of the rezoning request. She stated her son attends Covenant Christian Academy and moved here for the school. She stated not seeing the traffic issues as others have seen. She stated there are lots of ways to get in and out of the Saddlebrook addition. She stated driving thru a school zone anywhere is slow. She stated the school is a draw to bring people to Colleyville instead of having to drive back and forth. Judi Sherrill, 6804 Kennedy Drive, stated not knowing of any property values dropping in regards to the school. She stated the morning traffic is heavy for about 15 to 20 minutes. She stated the school has staggered school dismissal to help with traffic issues. She stated traffic is an issue when people are leaving home for work and coming home from work. She stated the turning lane was built by the school. She stated the school allowed the neighbors to pick the color of paint for the fence. She stated the school has been a good neighbor. She stated the school is not allowed to have scrimmages and it has open house just like public schools. She stated the issues discussed tonight are parts of living by an elementary school. She stated the water and sewer issues were issues with the City of Bedford. She stated it being common to have after school programs for the children to be mentored, not being used as a day care. She stated the school has hired police for Grandparents day, parent teacher functions, and to make sure traffic flow is correct. Jim Gotcher, 4105 Springhollow, spoke in favor of the rezoning request stating his daughters go to this school and are involved with sports. He stated the parents paid for the turn lane and stated the school is trying to help the city with traffic. He stated there is traffic, but it is not the only problem on Cheek Sparger. He stated a traffic study would be great to have. He stated there are not any scrimmages allowed. The field is used for soccer practice and the school has been very consistent upholding the understanding of the use of the property. He stated the precedence on the rezoning, there are some multi-family dwellings, which at one time the city was against, but they are adding to the congestion on Cheek Sparger Road. He stated the water and drainage issues are coming from the property to the west. He stated there is not any crime or any trash. He stated the parents take pride in the property and they pick up any trash that may be in the area. Keith Chatham, 4413 Bowman Drive, builder and developer in the city, moved here to Planning & Zoning Commission Minutes - October 24, 2005 Page 5 of 14 be a part of Covenant Christian Academy. He stated an engineering study was done for the water issue; the water comes from the property to the west. He stated a traffic study does need to be done and the drainage study needs to be reevaluated. There being no one wishing to speak, the public hearing closed at 9:25 p.m. Commissioner Bartkowski questioned Mr. Meadows and Mr. Pengelly regarding the deed restrictions, if the deed restrictions state residential use only? Commissioner Byerly stated the deed restrictions are not a part of the rezoning request being discussed. Attorney Boyle concurred. Commissioner Blassingame questioned Mr. Meadows regarding the 1999 plan stating the building south of the newest building, could you address as to why you have chosen to pursue this current project before the completion of the one stated in that plan? Mr. Meadows replied originally this would not have been a priority, but with the encouragement of removing the portable buildings by the city, we could not follow the plan and still preserve the functioning of the fields needed for the athletic program. The school does intend to build the third building, but only after this building for the lower school is built. That building would be the higher end part of the school. Commissioner Bartkowski questioned Mr. Pengelly if the property to the east, pending a favorable zoning outcome, is under contract? Mr. Pengelly replied correct, Lot 1. Commissioner Duffy questioned Mr. Meadows regarding if there is a detention pond on the photo provided? Mr. Meadows replied correct, it is directly south of the current building. Commissioner Duffy questioned what collects all the water from the concrete of the gym area? Mr. Meadows replied there is drainage in place that goes to the detention pond. Commissioner Duffy questioned Mr. Meadows in regards to the 1999 plan stating the upper school would only be one story, what made the school decide to do a two story building? Mr. Meadows replied they still anticipate a one story building. Mr. Meadows stated the school has upheld all of the requirements from the 1999 plan. Commissioner Duffy questioned Mr. Meadows if all have been informed of the CPO zoning district requirements? Mr. Meadows stated having acknowledged all of the requirements. Commissioner Duffy questioned Mr. Meadows in regards to the tree preservation, has all been informed as to the replacement of trees removed? Mr. Meadows stated having mitigated all the trees. Commissioner Byerly identified some of the issues that have been stated regarding the limitations on the Special Use Permit: the first being reducing from the 60% lot coverage to only 40% lot coverage, second limit the number of total students to 750 with all buildings combined, third an eight (8) foot tall masonry screening fence be erected before construction begins on the south boundary, fourth a traffic study completed with necessary cueing lane, fifth the required shielding of all the lighting in the neighborhood and sixth to limit the parking on Wayne Drive. Mr. Meadows replied concurring with all of the issues. Commissioner Dudziak questioned staff if the CPO zoning district would allow for late night operation? Barry LeBaron replied the CPO zoning district states daytime Planning & Zoning Commission Minutes - October 24, 2005 Page 6 of 14 operation only, there are not any operations allowed between 10 pm to 6 am. Commissioner Byerly questioned staff in regards to if they have any concerns for the future, if the school was to sell this property, because of the property being zoned CPO in a neighborhood? Barry LeBaron replied an office could be allowed if meeting all the requirements and stated it would fit right in the area. Commissioner Bartkowski stated not being comfortable with the rezoning without seeing how the traffic will impact the neighborhood. Commissioner Taylor concurred with Commissioner Bartkowski and also questioned Mr. Meadows regarding why the second set of buildings could not be built on the land the school has now and build the third building at a later date? Mr. Meadows replied in doing that, all of the traffic would be on one road. Commissioner Taylor questioned Mr. Meadows is not that what will happen once the second set of buildings is built? Mr. Meadows replied there would be an alternate route at that time with having built the third set of buildings off of Wayne Drive with multiple exits. Commissioner Duffy stated regarding the chart, the main entry way will be on Wayne Drive. Mr. Meadows stated the school wants to have multiple entries and eventually the school wants to stack all cars on their property and feed from the north into that property. There will be an entry on the north side just like the one on the current building, it being the main drop off area. Because this is a conceptual foot print, it may not be depicted on the drawings provided for the rezoning request. Commissioner Duffy stated wanting these issues to be put in writing before approving the rezoning request; first issue only 750 students total for the school, second issue removal of the portables by June 2006, third issue a traffic plan for the 750 total students for Cheek Sparger prior to the issuance of building permits and based on the traffic study the work on Cheek Sparger and Wayne Drive will be commenced prior to the issuance of the certificate of occupancy, fourth issue being all items stated in the Land Development Code section 3-31.D be completed and fifth issue being no competition with a tax paying entity in the school. Mr. Meadows replied he would be willing to put all of Commissioner Duffy's requests in writing. Attorney Boyle stated Commissioner Duffy's fifth request is not a proper land use based decision or consideration and suggested discouraging using it in any motion. Commissioner Duffy concurred with Attorney Boyle and withdrew the fifth issue. Mr. Meadows stated for clarity the portable buildings issue was for the school to develop a plan by June 2006 to be approved by city council. Commissioner Duffy questioned Mr. Meadows regarding the development schedule? Mr. Meadows replied hoping to have it ready for classes in the fall of 2007. Commissioner Byerly made motion to approve case Z-05-027 with the following conditions: first lot coverage at 40%; students in both areas not to exceed 750; eight (8) foot tall masonry screening fence to be placed at time of construction; a traffic plan suitable to the city engineer, at the cueing line, prior to the issuance of building permits and work completed before the issuance of the certificate of occupancy; all lighting should be shielded from the neighborhood; no parking on Wayne Drive, this being Planning & Zoning Commission Minutes - October 24, 2005 Page 7 of 14 restricted to this user only and the portable buildings are to be removed within 60 days of the issuance of the certificate of occupancy. Motion died for lack of second. Commissioner Dudziak questioned staff regarding if the traffic study could be submitted at the time of preliminary plat submittal? Barry LeBaron replied this property is already platted. Commissioner Bartkowski made motion to deny case Z-05-027. Commissioner McCormick seconded. The motion to deny was approved by the following vote: Aye: McCormick, Bartkowski, Taylor, Blassingame, Duffy Nay: Dudziak, Byerly 2. Case Z-05-029 - PUBLIC HEARING - Request for a zoning change from AG Agricultural to R40 Single Family Residential on Lot 1, Block 1 of the Newgren Addition located at 200 John McCain Road Barry LeBaron presented the case and briefed the Commissioners. Commissioner Duffy questioned staff regarding what information does the fire code state for a flag lot, length of drive way or turn about radius? Fire Marshal, Jeff Jones replied there are not any requirements for access to a single family. The lot must access a public road and in this case, it does. There are no specific driveway requirements or set back requirements for a single family. Commissioner Duffy questioned Jeff Jones regarding the requirements for distance from a fire plug? Jeff Jones replied additional fire hydrants may be required but only on the public road based on frontage. The property could set back any distance from the public road and it is measured from the public road to the nearest hydrant. There may be additional fire hydrants required but not on the property itself. Commissioner Taylor questioned staff regarding what percentage is the east lot in the flood plain area. Barry LeBaron replied the entire eastern property is in the 100 year flood area. The property to the west contains about the back third or even half of the property is in the 100 year flood area. Commissioner Taylor questioned staff regarding if the existing home is in the flood plain area and is it occupied? Barry LeBaron replied yes it is. Commissioner Duffy questioned staff regarding any requirements for when they come back for platting the R40? Barry LeBaron replied the flood area would affect and apply to the new structure. Commissioner Duffy questioned staff regarding the direction of the flow for drainage, on Lot 2 on the western side, it appears about a third of the lot is above the flood plain. Therefore, if on Lot 2 any more of the land is disturbed, Lot 1 will get more water. Barry LeBaron stated the lot may require specific grading in order to get a good pad site that would meet the two foot requirement above the flood elevation. Commissioner Duffy questioned staff regarding if Mr. Newgren understands that the new lot could change the drainage flow creating more water on his property? Barry LeBaron replied not having talked about drainage information to Mr. Newgren at this time. This is primarily a Planning & Zoning Commission Minutes - October 24, 2005 Page 8 of 14 zoning request and at the time of platting, the drainage issues will be addressed. Commissioner Byerly questioned staff regarding the lot frontage requirements; does Lot 2 meet the frontage requirements for R40? Barry LeBaron replied they have 226 feet of frontage on John McCain. When the applicant comes back for the platting, the Commission would have to consider two waivers, the first being Lot 1 R would not meet the frontage requirements for the R40 zoning, second, it is a flag lot by definition and the code has a flag lot provision. However, from a planning perspective, a large acreage flag lot is much different than a developer doing a subdivision with minimal lot sizes and simply using flag lots ton increase their yield on lots. Commissioner Byerly questioned staff in regards to the waiver of the lot frontage requirements, if the Commission approves this zoning request, is the waiver also approved. Barry LeBaron replied no, the flag lot would only be approved at the time of platting; the Commission is simply approving the zoning change to allow for the R40 zoning use. Commissioner Byerly questioned staff regarding if the applicant were to come in and want to divide that two acre lot in to two one acre lots, could he do so even though it would be creating another flag lot? Barry LeBaron replied the Commission would be facing another waiver at that time. Commissioner Duffy questioned staff regarding if the flag lot restriction is waived for this request, the Commission would have a hard time enforcing the flag lot restriction, correct? City Attorney, Matthew Boyle replied not concurring with the question, the flag lot restriction does not concur with the rezoning request, it is a platting issue. Commissioner Duffy agreed with Attorney Boyle's response, however, he stated not wanting to give the applicant false hopes that when he does submit a plat, the flag lot not being approved. Commissioner Blassingame stated the drainage on the back part of Lot 2 is prohibitive of the splitting of the lot. Commissioner Byerly opened the public hearing at 10:10 p.m. Dennis Newgren, the applicant, presented the case and briefed the Commissioners. Commissioner Blassingame questioned Mr. Newgren regarding if he has talked to any developers about the new lot? Mr. Newgren replied having talked to some developers, but have not settled with anyone to build. Commissioner Taylor questioned Mr. Newgren regarding how much flooding occurred last year on the east lot? Mr. Newgren stated not having any flooding issues or did the previous owner have any flooding issues. Brent Neff, 204 John McCain, adjacent property owner, spoke in favor of the rezoning request. There being no one wishing to speak, the public hearing was closed at 10:16 p.m. Commissioner Taylor stated not having an issue with the flag lot, especially since it is large acreage. Commissioner Duffy made motion to approve case Z-05-029. Commissioner Taylor seconded. Planning & Zoning Commission Minutes - October 24, 2005 Page 9 of 14 The motion was approved by the following vote: Aye: McCormick, Dudziak, Bartkowski, Taylor, Blassingame, Duffy and Byerly Nay: None TABLED ITEMS 4. Case Z-05-028 - PUBLIC HEARING - Request for a Special Use Permit to allow for horses on Lot 29, Block 4 of the Western Trails Addition located at 500 Wagonwheel Court Commissioner Bartkowski made motion to remove case Z-05-028 from the tabled items. Commissioner Duffy seconded. The motion to remove from the table was approved by the following vote: Aye: McCormick, Dudziak, Bartkowski, Taylor, Blassingame, Duffy and Byerly Nay: None Barry LeBaron presented the case and briefed the Commissioners. Larry and Susan Austin, the applicants, came forth to present the request and brief the Commissioners. Commissioner Byerly questioned the Austins in regards to if they have talked with their neighbors? The Austins replied the two neighbors that are here tonight have been out of town so they have not talked with them. Commissioner Blassingame questioned the Austins in regards to how many square feet of land is used for grazing? Mrs. Austin replied a little over 81,000 square feet. Mr. Austin stated the back 30 feet of the yard is not used for grazing. Commissioner Blassingame questioned Mr. Austin in regards to what is the square footage of the property? Mr. Austin replied 458 deep. Commissioner Taylor questioned the Austins in regards to how would they keep the horses off of the live screening? Mr. Austin replied he would use a thin wire in front of the screening to keep the horses away. Commissioner Duffy questioned the Austins regarding the fence being right up against the property, are you planning to move the fence to contain the horses? Mr. Austin replied he proposes to put the bushes along the fence line and then away from that area. Mr. Austin replied not planning to move the fence, but stated he can control the space for the horses. Commissioner Byerly opened the public hearing at 10:30 pm. Larry and Susan Austin, the applicants, stated, for the record, their request and briefed the Commissioners for the public hearing. Gene Lord, 501 Wagonwheel Court, spoke in opposition to the request and stated having issues with the smell from the horses. Jimmie Lord, 501 Wagonwheel Court, spoke in opposition to the request and stated having issues with the smell from the horses. Carol Mason, 504 Wagonwheel Court, talked in regards to the horses in front of the Planning & Zoning Commission Minutes - October 24, 2005 Page 10 of 14 house. Stated the bushes in the front would not be sufficient. Chris Mudge, 505 Wagonwheel Court, spoke in opposition to the request. Stated wanting the horses in the back yard. Commissioner Bartkowski questioned Ms. Mudge in regards to the guinea hens roaming the area? Ms. Mudge stated the hens have been in the area for six years. Donald McAllister, 508 Wagonwheel Court, spoke in opposition to the request. There being no one wishing to speak, the public hearing was closed at 10:55 p.m. Commissioner Bartkowski stated Wagonwheel Court appears to becoming a petting zoo; however, horses are consistent with the rural feel of Colleyville. Horses occupy a special place in Colleyville, even in the city seal and comply with the rural feel the citizens are looking to have. Commissioner Dudziak, concurred with Commissioner Bartkowski, however, he stated agreeing with the concerns of the odor suggesting keeping the horses in the back. Commissioner Blassingame concurred, however stated some common ground should be met between the neighbors, whether the horses to be kept in the back yard or front yard. Commissioner Byerly concurred, stating the neighbors are not against the horses, they are against the horses in the front yard. Commissioner Byerly questioned staff in regards to limiting the horses to particular areas of the yard in the Special Use Permit. Barry LeBaron replied staff provided aerial photos to show the Commission the layout of the yard, however, he stated not having a suggestion as to where or the time limit for grazing. Commissioner Bartkowski questioned staff in regards to if the appearance of the fence could be regulated or changed? Barry LeBaron replied this is a special use permit request and you may use specifics in the condition, however, he suggested the conditions that are imposed be clear enough for staff to be able to enforce and understand. Commissioner Taylor stated the horses run parallel with Colleyville, is there a way to pull the side back 20 feet away from the neighbors and run shrubs down that side? Mr. Austin stated that not being a problem, the space can be controlled. However, he replied, the fence seems to be the issue, it complies with city standards and as property owners, we have the right to put up a fence and keep our property the way we choose. Commissioner Blassingame questioned the Austins in regards to how many square feet is between the fences beside your house on the east side in regards to the neighbor's? The Austins replied about 125 to 130 feet. Commissioner Blassingame questioned the Austins in regards to if they could split the distance there with the neighbors? Commissioner Byerly questioned the Lords in regards to what would be a suitable distance from your property for the horses? Mrs. Lord replied more than 20 feet. Commissioner Blassingame questioned Mrs. Lord in regards to what would be a suitable distance other than 20 feet? Mrs. Lord replied the horses have been kept in the Planning & Zoning Commission Minutes - October 24, 2005 Page 11 of 14 back yard since the Austins came forth with the original request. Mrs. Lord stated putting the fence beside the Austin's house would give them more space because the side yard is a good size and by doing so it would keep the horses primarily in the back yard. Commissioner McCormick questioned the Lords in regards to how could the smell be an issue when their property is to the south of the Austin's property and the winds are predominately out of the south? Mr. and Mrs. Lord replied the odor is an issue regardless of their property being to the south. Commissioner McCormick questioned the Lords in regards to what would be an acceptable set back? Mr. Lord replied not knowing exactly. Commissioner Blassingame questioned the Lords if 60 feet would satisfy them. The Lords did not reply. Commissioner Byerly questioned staff in regards to if this case is denied; do the applicants have the chance to go to city council with the request? Barry LeBaron replied the applicants have 10 days to submit a letter requesting the city council to hear the request. Commissioner Byerly suggested, to the applicant, to work something out with the neighbors before going to city council to meet a compromise. Commissioner Byerly made motion to approve case Z-05-028 with the conditions to keep the horses behind a line even with the southern most part of the house and perpendicular with the east property line. Commissioner Duffy seconded; however questioned Commissioner Byerly if the applicants are to meet with the neighbors to compromise on the exact line? Commissioner Byerly replied correct; a recommendation to meet and measure to have the exact line. The motion was approved by the following vote: Aye: McCormick, Dudziak, Bartkowski, Taylor, Blassingame, Duffy and Byerly Nay: None PUBLIC HEARING AGENDA ITEMS 3. Case G-05-012 - PUBLIC HEARING - Amendment to Chapter 14, Engineering Design Standards of the Land Development Code regarding detention/retention ponds Barry LeBaron requested the Commission to postpone and continue this case at the November 14th, 2005 Planning and Zoning meeting. Commissioner Bartkowski made motion to post pone and continue case G-05-012 at the November 14, 2005 meeting. Commissioner Byerly seconded. The motion was approved by the following vote: Aye: McCormick, Dudziak, Bartkowski, Taylor, Blassingame, Duffy and Byerly Nay: None Planning & Zoning Commission Minutes - October 24, 2005 Page 12 of 14 STAFF REPORTS Barry LeBaron told the Commissioners at the November 14th meeting, there will be a Capital Improvements Advisory meeting before the regular Planning and Zoning meeting. COMMISSIONER COMMENTS None ADJOURNMENT The Commission adjourned the meeting at 11 :15 p.m. by acclamation. Respectfully Submitted, Amy Shelley Planning and Zoning Assistant Approved on: November 14, 2005 Planning & Zoning Commission Minutes - October 24, 2005 Page 13 of 14