HomeMy WebLinkAboutPlanning and Zoning Commission-Minutes-9/27/1999
Planning & Zoning Commission
Minutes - September 27, 1999
Page 1 of 5
The regular meeting of the Planning and Zoning Commission was called to order by Chairman
Hart at 1:00 P.M. on September 21, 1999.
Roll Call:
Present:
Rob Rutherford, Luann Edwards, William Tyler, Mike
Collins, Jim Fletcher, Bryan Hill, Tom Hart
Barry LeBaron, Clayton Husband, Tom Niederauer, Jan
Hofstrom
Staff:
Invocation:
Commissioner Rutherford
Approval of Minutes:
September 13, 1999
Commissioner Rutherford moved to approve the minutes of September 13th as corrected
(to remove Commissioner Collins' name from any votes as he was absent & the addition
of the word "together" on page 7 under item #5). Commissioner Tyler seconded the
motion. The vote being:
Ayes: Rutherford, Edwards, Tyler, Fletcher, Hill, Hart
Abstained: Collins
Noes: None
1. PUBLIC HEARING - A Special Use Permit for a carport to be constructed at 4111 York Drive,
requested by Richard C. Henschel. Case S-99-061
Clayton Husband presented the case to the Commission.
Commissioner Hill questioned the cost of the application fee since the applicant was requesting
a waiver of the fee. Clayton said that the application fee is $250 and the Planning and Zoning
Commission did not need to take action on this request as only City Council has the authority to
waive fees.
Commissioner Fletcher asked if this case would have been reviewed by the Zoning Board of
Adjustment prior to the adoption of the ordinance requiring special use permits for carports. Barry
LeBaron said that the Zoning Board of Adjustment would only review the item if there were
setback violations and a variance was needed. He said that this structure met the setback
regulations and would have only been reviewed by the Building Permit department for a building
permit.
Commissioner Rutherford asked if this case would be heard by the City Council. Barry LeBaron
responded that two public hearings are required by City Council.
Chairman Hart opened the public hearing. Those present wishing to speak were:
Richard Henschel, the applicant, was present to represent the case. He said that his nearest
neighbor of 21 years was present and had no objections to the shade structure and the contractor
was present to answer any questions. Mr. Henschel said that the structure would be built to
withstand 125 M.P.H. winds, would be pleasing to the eye, and would be place 15' away from the
Planning & Zoning Commission
Minutes - September 27,1999
Page 2 of 5
edge of the street. He said that the structure would be protected from view from the street due
to large trees and the dark green color of the shade material with the brown poles would blend
into the environment and tree cover. He presented a sample of the shade material and the brown
posts to the Commissioners. Mr. Henschel said that they have a two car garage and only room
for one car. He said that the structure would be open on all sides.
Commissioner Fletcher asked if there was a homeowners' association in Mr. Henschel's
subdivision and if he was aware of any restrictive covenants that prohibited the structure. Mr.
Henschel said that there was not a homeowners' association as the subdivision is very old and
he is not aware of any restrictive covenants prohibiting structures because there are others in the
subdivision.
Commissioner Tyler questioned the proximity of the neighbor in attendance. Mr. Henschel said
that he lives across the street and also that the neighbor next door does not have any objections.
Commissioner Hart questioned the distance of the structure from the street. Mr. Henschel said
that the structure would be 18' from the street and it is positioned to provide a swing from the
garage. He said that if he had to build it behind his house, the fence with a gate would need to
be moved and there is a very large tree in the way, also there is already concrete poured for the
structure to be built in this location.
Commissioner Rutherford questioned the type of construction of the main dwelling and if the
Henschels had considered building a carport form the same materials as the home. Mr. Henschel
said that they chose the proposed shade structure because the appearance is not as massive as
a structure built out of brick and wood. He said that they felt it would add to the value of their
property rather than detract from the value.
Commissioner Tyler questioned if there was a price comparison between the brick and wood
construction and the proposed shade structure. Mr. Henschel said that two years ago he had a
quote of $4,850 for a brick and wood carport and the proposed shade structure was quoted for
$3,600.
Mr. Henschel presented pictures and a brochure of other shade structures.
There being no one else present wishing to speak, the public was closed.
Commissioner Fletcher said that he was concerned that shade structures may have a tendency
to multiply and proliferate in the City, but most newer subdivisions had homeowners' associations
and restrictive covenants to prevent them.
Commissioner Collins moved to recommend approval of the special use permit subject to
the following: 1) the carport may be constructed in the side yard as shown on the exhibit;
and 2) the posts may be constructed of galvanized steel, per the manufacturer's
specification. Chairman Hart seconded the motion. The vote being:
Ayes: Tyler, Collins, Fletcher, Hill, Hart
Noes: Rutherford, Edwards
Planning & Zoning Commission
Minutes - September 27,1999
Page 3 of 5
2. PUBLIC HEARING - A Zoning Change requested by Burk Collins, from AG to R40 (single
family res., min. lot size 40,000 s.f.) on 1.010 acres located in the 1300 block of Holly Lane,
the east side of the street. Case Z-99-068
Clayton Husband presented the case to the Commission.
Commissioner Edwards asked if there were any right-of-way issues associated with the zoning
change. Clayton said that rights-of-way were evaluated at time of platting.
Commissioner Collins asked about the minimum requirements for the RE zoning district that is
adjacent and across the street.
Chairman Hart opened the public hearing. Those present wishing to speak were:
Burk Collins, applicant, said that the purpose of creating this lot is to build a dwelling for his ranch
manager and they would demolish the existing frame house located near John McCain Rd. at that
time.
Commissioner Rutherford asked Burk what kind of materials would be used for the new dwelling.
He said that it would be brick and built in accordance with other structures in the neighborhood.
John Perona, 1216 Holly Lane, said that he received notice of the public hearing and was there
out of curiosity. He had questions about the possible construction of a sewer line in the area and
hoped that there would be greater emphasis on bringing a sewer line to the neighborhood than
in the past. He said that the homes on Holly Lane currently have propane and septic tanks and
he questioned staffs' comments on the briefing that said the creation of a lot could be adequately
served by the existing utilities. He wanted to know if this zoning change would lead to more homes
being built on Holly Lane. The Commission said that if there was a request, notices would be sent
to surrounding property owners.
There being no one else present wishing to speak, the public hearing was closed.
Commissioner Edwards asked Burk Collins about his plans for the old house on his property. He
said that he is planning on tearing it down and he said that he has no plans to further subdivide
his property.
Commissioner Rutherford moved to recommend approval of the zoning change from AG
to R40. Commissioner Collins seconded the motion. The vote being:
Ayes: Rutherford, Edwards, Tyler, Collins, Fletcher, Hill, Hart
Noes: None
3. A Revised Preliminary Plan for Timarron Addition - Cascades Phase 3 requested by Richard
Payne, Carter & Burgess, Inc., 21.626 acres located on north side of John McCain Road in
the 2000 block. Case P-99-058
Clayton Husband presented the case to the Commission.
Planning & Zoning Commission
Minutes - September 27, 1999
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Commissioner Edwards asked questions about the differences between the original preliminary
plan and the revised preliminary plan. She wanted to know if there are still the same connecting
streets. Staff presented an overlay of the original plan and said that the revised plan is a more
efficient layout.
Questions arose about rear setbacks and the number of lots. Staff stated that the 20' rear
setbacks were allowed by the PUD and this plan reduced the number of lots.
Questions arose about the future construction of the trail and the need to preserve existing trees
since many have been removed.
Chairman Hart moved to approve the revised preliminary plat. Commissioner Fletcher
seconded the motion. The vote being:
Ayes: Rutherford, Edwards, Tyler, Collins, Fletcher, Hill, Hart
Noes: None
4. TABLED ITEM - A Zoning Change requested by David Bagwell, from R20 to PUD-R (planned
unit development-residential) on 50.424 acres located in the 800-1000 block of McDonwell
School Road, north side of the street. Case Z-99-063
Barry LeBaron presented an overview of this item and item #5. He updated the Commission on
his discussions with the developer regarding traffic circulation throughout both properties. He said
that staff wants to explore options to accommodate traffic by a through street from McDonwell
School Road to John McCain Road and will make recommendations at the next meeting.
There were questions from the Commission regarding open space calculations and traffic issues.
This item was not removed from the table for action.
5. TABLED ITEM - A Preliminary Plat of Glenwood, Phase 1A requested by David Bagwell,
111.220 acres located on the north side of McDonwell School Road, west of Westcoat. Case
P-99-064
This item was not removed from the table for action.
6. Staff comments, reports and discussion items: There were none.
1. Commissioners' comments and reports: Commissioner Fletcher requested that the
Commission forward any comments regarding the Parks Master Plan that he distributed with
the packet to the Parks and Recreation Board by October 1 st. The current suggestions were:
to elaborate on and explain the Parkland Dedication Ordinance within the Master Plan; and
to include an executive summary.
Planning & Zoning Commission
Minutes - September 27,1999
Page 5 of 5
ADJOURNMENT:
Chairman Hart moved to adjourn the meeting at 8:10 p.m. Commissioner Tyler seconded
the motion. The motion passed by an "Aye" voice vote.
Respectfully Submitted,
Jan Hofstrom
Planning & Zoning Assistant
Approved on: /0/11/99 as submitted. -~
NOTE: As a matter of public record, an audio recording of the above Planning and Zoning
Commission meeting is available upon request.
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