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HomeMy WebLinkAboutPlanning and Zoning Commission-Minutes-11/28/2005 (3) .~ Texas PLANNING AND ZONING COMMISSION MEETING MINUTES - October 10, 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 Robert Woods from staff were present. The invocation was given by Commissioner Byerly. ROLL CALL PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES Commissioner Duffy moved to approve the September 26, 2005 meeting minutes as written. Commissioner Dudziak seconded. The motion was approved by the following vote: Aye: McCormick, Dudziak, Bartkowski, Taylor, Blassingame, Duffy and Byerly Nay: None ELECTION OF OFFICER Commissioner Byerly moved to have the election of officer and the following was voted: Recording Secretary - Commissioner Byerly made the motion to nominate Amy Shelley to the Recording Secretary of the Commission. Commissioner Bartkowski seconded the motion. 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 CITIZEN COMMENTS REGARDING ITEMS NOT ON THE AGENDA None REGULAR AGENDA ITEMS 1. Case P-05-040- Minor plat on .80 acres out of the R.N. McEwing Survey located at 1135 McDonwell School Road Chris Fuller presented the case and briefed the Commissioners. Planning & Zoning Commission Minutes - October 10, 2005 Page 1 of 6 Commissioner Duffy questioned staff if they have copies of the shared access agreement with B&W Cabinets? Chris Fuller replied no, not at this time. Commissioner Duffy questioned staff if they know the agreement is in place or is it a wish? Chris Fuller replied the developer is in the process of procuring that agreement and if that agreement is not procured the joint access agreement would allow a curb cut adjacent to that driveway, enough on to that property that access could be granted. Commissioner Duffy questioned staff if that agreement would have to be cleared with TxDot? Chris Fuller replied yes. Commissioner Duffy questioned staff if it has been filed with TxDot? Chris Fuller replied the developer will have to answer that question. Commissioner Duffy questioned staff in regards to how is the developer going to provide drainage to the adjacent creek, what is the flow and what is the impact down stream? Robert Woods, City Engineer, replied the grading plan will be submitted during the building permit process. Commissioner Duffy stated the code requires drainage information be provided at the time of final plat. Commissioner Duffy questioned staff if the developer has provided the drainage information? Robert Woods replied they have not at this time. Commissioner Duffy questioned staff in regards to what do the Commissioners have to have now and what do they have to have later in order to approve this plat? Barry LeBaron replied those drainage requirements are a site plan process done at the time building permits are issued. This plat provides the information regarding public improvements stating those improvements are in place. The developer may have some grading to do for that channel but that would be done at the time of building permitting not at the time of platting. Gary Cantrell, the applicant, came forward to answer any questions. Commissioner Duffy questioned Mr. Cantrell in regards to the two options for the construction of the drive and right of way at McDonwell School Road, those options being; construct the drive or the city will reimburse the cost of the drive in cash or deduct the cost from the impact fees paid by the applicant. Where does that agreement stand? Mr. Cantrell replied not having heard back from the city however, does not feel this to be an issue. Commissioner Duffy questioned staff if the city has an issue with an ultimatum? Barry LeBaron replied that not having an effect on this plat. Those will be issues that Mr. Cantrell and the Engineering Department will work out at the time of construction. Commissioner Taylor questioned Mr. Cantrell in regards to if he has someone he will be building this for or is this something that will be built on spec? Mr. Cantrell replied as a spec. Commissioner Byerly made motion to approve case P-05-040. Commissioner Bartkowski 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 10, 2005 Page 2of6 PUBLIC HEARING AGENDA ITEMS 2. Case Z-05-027 - PUBLIC HEARING - Request for a zoning change from R40 Single Family Residential to CC1 Village Retail on Lot 1, Block 3 of the Southgate Addition located at 909 Cheek Sparger Road At the request of the applicant, this item was not heard. 3. Case Z-05-028 - PUBLIC HEARING - Request for a zoning change from R20 Single Family Residential to R40 Single Family Residential on Lot 29, Block 4 of the Western Trails Addition located at 500 Wagonwheel Court Chris Fuller presented the case and briefed the Commissioners. Commissioner Dudziak questioned staff if there have been any other complaints other than the one received? Chris Fuller replied the one received prior to the rezoning request and the letters in opposition were post the rezoning request. Commissioner Dudziak questioned staff if there are any older complaints? Chris Fuller replied this is the first. Commissioner Byerly opened the public hearing at 7:35 p.m. Larry and Susan Austin, the applicant, came forward to answer any questions and provided documentation of neighbors who are not opposed to their request. Commissioner Duffy questioned the Austin's in regards to how much time do the horses' spend in the back and front yards? Mrs. Austin stated the horses go into their stalls at night and then are let out in the morning to eat in the back yard. We let them in the front yard in the afternoons to graze. Commissioner Duffy questioned the Austin's in regards to the letters received, the neighbors objected to the horses being in the front yard, and how many hours are the horses in the front yard? Mrs. Austin replied about 5 or 6 hours a day in the afternoon. Carol Mason, 504 Wagonwheel, spoke in opposition of the rezoning request. She stated a lot of their backyard is not usable because of it being on a cliff therefore it isnot large enough for livestock. Commissioner Bartkowski questioned Ms. Mason in regards to where she lives? Ms. Mason used the map provided to show her home, right next door. Commissioner Bartkowski questioned Ms. Mason in regards to what her complaint is? Ms. Mason stated the complaint being the lot is not large enough for two horses. She stated she would probably not have an issue if the horses were kept in the back yard only. She stated not liking the horses in the front yard; it does not enhance the property. Commissioner Duffy stated on the list of property owner's that were notified, her name did not appear. Did you receive notice of the meeting? Ms. Mason stated she did, the name on the notification is her husband, she chose not to use his last name. Commissioner Duffy questioned Ms. Mason in regards to would she be satisfied if the Planning & Zoning Commission Minutes - October 10, 2005 Page 3 of 6 horses were moved to the back yard? Ms. Mason replied yes. Don McAllister, 508 Wagonwheel, stated having concerns with the rezoning and having horses in the front yard. Commissioner Byerly questioned Mr. McAllister in regards to where is his home? Mr. McAllister stated two houses to the left on the north side. Commissioner Taylor questioned Mr. McAllister if he would object if there was a hedge out in front or is it just the fact that there are horses in front yard? Mr. McAllister replied not knowing how the hedges could be in the front yard; the horses should not be in the front yard. Commissioner Byerly questioned Mr. McAllister if his complaint is just the horses being in the front yard or would he be opposed to the horses in the back yard? Mr. McAllister replied not objecting to the horses in the back yard. Commissioner Dudziak questioned Mr. McAllister in regards to the zoning restrictions for his neighborhood that allowed for the fencing and the horses? Mr. McAllister stated only knowing, under no terms, would you enclose your front yard and the zoning being R20. Charles Sowell, 509 Wagonwheel Court, third house on the left, stated the fencing being popular in the neighborhood but not necessarily what was intended in the beginning. He stated not having issues with the horses. He stated having problems with rezoning to R40 for the future. The Austins have done a good job with the smell of the horses. There being no one wishing to speak, the public hearing was closed at 8:15 p.m. Commissioner Bartkowski questioned staff in regards to the building set back requirements for R20? Barry LeBaron replied the front is 30 feet. Commissioner Bartkowski stated the house sets back farther than the 30 feet and stated ample front space. He stated R40 is less dense a land use. Commissioner Byerly stated to staff every neighbor, directly around this house, objects to this request. However, the Austins would be allowed horses in R20 zoning with a Special Use Permit and special conditions can be placed in the Special Use Permit. Chris Fuller concurred. Commissioner Byerly questioned the Austins to what their feelings might be if this case were tabled for them to bring forth a Special Use Permit instead of rezoning? Mr. Austin replied their property being next to R40 and that is why they came forth with the request. Commissioner Taylor questioned Mr. Austin if he would have a problem with coming back and asking for a Special Use Permit if this case is tabled. Mrs. Austin stated there are rules in place for horses, cleaning and so forth. We keep our horses clean as well as the front pasture every day. Mr. Austin stated they want to comply with city requirements and this would protect any homeowner, if we sell, in the future. Personally, he stated not wanting to have to go thru this whole process again simply because some one does not like to see a horse grazing in the, so called, front yard. Planning & Zoning Commission Minutes - October 10, 2005 Page 4of6 With the size of our lot, we could put in four houses. We don't want to do that, we want R40 zoning to comply with the requirements to allow for horses. Commissioner Bartkowski concurred with Commissioner Byerly on the suggestion with the Special Use Permit. Commissioner Duffy stated the biggest objection is the fence in the front yard, but by moving the fence so that it could be adjacent to the R40 property, you would be on your property and the horses would be away from the street. Commissioner Duffy stated if the Austins were to come back and request the Special Use Permit, provisions would still have to be met to keep the horses out of the front yard and by moving the fence, they would be able to do so. Commissioner Byerly suggested to the Austins, for clarity, applying for keeping the R20 zoning with a Special Use Permit for the horses. The Austins concurred. City Attorney, Matthew Boyle suggested to Commissioner Byerly, for the applicant to make clear, they want the Commission to table this case so that they can bring forth an application for a Special Use Permit. The Austins agreed and asked the Commission to table their case so that they may bring forth the Special Use Permit application. Commissioner Dudziak made motion to table case Z-05-028. Commissioner McCormick seconded. The motion was approved by the following vote: Aye: McCormick, Dudziak, Bartkowski, Taylor, Blassingame, Duffy and Byerly Nay: None STAFF REPORTS Barry LeBaron reminded the Commissioners in regards to the Joint City Council meeting to be held next week. COMMISSIONER COMMENTS None ADJOURNMENT The Commission adjourned the meeting at 8:30 p.m. by acclamation. Respectfully Submitted, Amy Shelley Planning and Zoning Assistant Approved on: October 24,2005 Planning & Zoning Commission Minutes - October 10, 2005 Page 5of6