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HomeMy WebLinkAboutPlanning and Zoning Commission-Minutes-1/8/2001 Planning & Zoning Commission Minutes - January 8, 2001 Page 1 of 7 - Approved on 02/12/01 The regular meeting of the Planning and Zoning Commission was called to order by Chairman Hart at 7:00 P.M. on January 8, 2001. Roll Call: Present: Tom Hart, Jo Ann Gasper, Luann Edwards, Joe Hocutt, Mark Hollis, Jeffrey Wall, Bryan Hill Clayton Husband, Tom Niederauer Staff: Invocation: Commissioner Edwards Approval of Minutes: December 11, 2000 Commissioner Gasper moved to approve the minutes as amended. Commissioner Wall seconded the motion. The vote being: Ayes: Gasper, Edwards, Hocutt, Hollis, Wall, Hill, Hart Noes: None 1. PUBLIC HEARING - A Replat for Wescoat Place, Lots 1 R & 2R, Block 1, requested by Darryl Heath, located on the southwest corner of White Drive and Bransford Road. Case P-00-078 Clayton Husband presented the case to the Commission and reviewed the staff briefing. He said that although there are no notification requirements, state codes require a public hearing. Chairman Hart opened the public hearing, There being no one present wishing to speak, Public Hearing was closed, Commissioner Hocutt moved to approve the replat. Commissioner Gasper seconded the motion. The vote being: Ayes: Gasper, Edwards, Hocutt, Hollis, Wall, Hill, Hart Noes: None 2. PUBLIC HEARING - A Replat for Redus Addition, Lots 1 R & 2, Block 1, requested by William R. Redus, located at 4502 Bill Simmons Road and 4501 Bowman Road. Case P-00-081 Clayton Husband presented the case to the Commission and reviewed the staff briefing. He said that although there are no notification requirements, state codes require a public hearing. Chairman Hart opened the public hearing. There being no one present wishing to speak, Public Hearing was closed. Commissioner Gasper moved to approve the replat. Commissioner Hill seconded the motion. The vote being: Ayes: Gasper, Hollis, Wall, Hill, Hart, Edwards, Hocutt Noes: None Planning & Zoning Commission Minutes - January 8, 2001 Page 2 of 7 - Approved on 02/12/01 3. A Minor Plat for Majesty Estates, Lot 1, Block 1, requested by Gregg T. Mattson, 7.99 acres located at 2308 Oak Knoll Court. Case P-01-003. Commissioner Hill excused himself from discussion due to a prior business relationship with the applicant. He stated he is not directly involved with this particular request. Clayton Husband presented the case to the Commission and reviewed the staff briefing. He stated the applicant was requesting a waiver of the lot frontage requirement due to the existing arrangement of the properties and the limited number of lots on the street. Commissioner Gasper moved to approve the minor plat, subject to the variance on the street frontage requirement. Commissioner Hollis seconded the motion. Mr. Hollis proposed an amendment to the motion to require the applicant to pave a portion of Oak Knoll Court. Gregg Mattson, 2906 Cottonwood Lane, applicant, came forward to speak. He stated the pipe for the fire hydrant extends to the property line, but the hydrant needs to be installed. He stated the Fire Department would also require a fire sprinkler system in the residence since the house location does not fall within the required radius. Mr. Mattson stated the existing street is in poor condition and he does not feel that paving the entire portion of the street would be feasible or cost effective. He stated the engineering plans he recently prepared would have required a cui de sac to be constructed. Edwards asked how large the house would be. Mr. Mattson stated in the 4,000 to 5,000 square foot range. Hocutt seconded the amendment. Commissioner Edwards stated that asphalt pavement could be used temporarily to connect this lot with the existing street until the time the entire street was rebuilt. The vote on the proposed amendment being: Ayes: Edwards, Hocutt, Hollis, Wall, Hart Noes: Gasper Abstain: Hill The vote on the amended motion being: Ayes: Gasper, Hollis, Wall, Hart Edwards, Hocutt Noes: None Abstain: Hill Planning & Zoning Commission Minutes - January 8, 2001 Page 3 of 7 - Approved on 02/12/01 4. PUBLIC HEARING - A Zoning Change requested by Ernest Hedgcoth from R20 (single family residential, min. 20,000 s.f.) to CN (Neighborhood Commercial) on 0.496 acres located at 5009 & 5013 Thompson Terrace. Case Z-01-001 Tom Niederauer presented the case to the Commission and reviewed the staff briefing. He explained that the request was consistent with the Master Plan. Chairman Hart opened the public hearing. Ernest Hedgcoth, applicant, came forward to speak. He stated the applicant is purchasing the property contingent upon rezoning, He stated they have no specific development schedule at this time, but will replat and submit a site plan in the future. Sarah Brewer, 5012 Oak Timbers, came forward to speak. She asked questions about fencing, and screening. She asked how large the building would be and what the requirements of development are. Commissioner Gasper asked what type of doctor's office is proposed. Dr. Jonathan Richard, 6220 Colleyville Boulevard, Suite B, came forward to speak. He stated his practice is internal medicine. He stated he sees about 18-20 patients per day. Staff advised that CN is the most restrictive zoning district with respect to use, hours of operation and similar items. There being no one else present wishing to speak, Public Hearing was closed. Commissioner Edwards moved to approve Case Z-01-001. Commissioner Gasper seconded the motion. The vote being: Ayes: Gasper, Hollis, Wall, Hill, Hart, Edwards, Hocutt Noes: None 5. PUBLIC HEARING - A Zoning Change requested by C.L. Madden from AG (Agricultural) to R30 (single family residential, min. 30,000 s.f.) on 3.00 acres located at 6112 Hunter Lane. Case Z-01-002 Tom Niederauer presented the case to the Commission and reviewed the staff briefing. Commissioner Edwards stated the exhibit shows two future lots and proposed lot lines, but only the zoning of the property is being considered. Chairman Hart opened the public hearing. Planning & Zoning Commission Minutes - January 8, 2001 Page 4 of 7 - Approved on 02/12/01 There being no one present wishing to speak, Public Hearing was closed. Commissioner Hill moved to approve Case Z-01-002. Commissioner Gasper seconded the motion. The vote being: Ayes: Gasper, Hollis, Wall, Hill, Hart, Edwards, Hocutt Noes: None 6. PUBLIC HEARING - A Zoning Change requested by Jo E. Feaster from R40 (single family residential, min. 40,000 s.f,) to R20 (single family residential, min. 20,000 s.f.) on 1.0 acres located at 500 Beverly Drive. Case Z-01-003 Clayton Husband presented the case to the Commission and reviewed the staff briefing. He stated the item after this one on the agenda is a similar request on property located east of this property. Commissioner Gasper asked if a real estate sign could be located on property advertising R20 zoning even if the zoning does not exist. Staff advised that the Land Development Code does not regulate that issue. Commissioner Hill asked about difference between R40 and R20 related to horses, livestock and barns. Staff advised that R40 would allow horses, livestock and barns by right, subject to certain restrictions, and that R20 would require a special use permit to do the same, Chairman Hart opened the public hearing. John Paul Burnett, 601 Beverly Drive. He presented a petition in opposition to the request. Robert Bickett, 513 Beverly Drive. He spoke in opposition to the request. He stated his concern over loss of privacy. He stated the area should stay rural. Tim Gleason, 600 Beverly Drive. He spoke in opposition to the request. He stated his concern over property values, increased density in the neighborhood, and rental property. Lori Boles, 508 Leta Lane. She spoke in opposition to the request. She stated the area should remain the same as it is, Clyde Stevens, 512 Leta Lane. He spoke in opposition to the request. He stated he would like the area to keep its rural appeal. Kay Hyde, 605 Beverly Drive. She spoke in opposition to the request. She stated her concern over the future impact of the zoning change. She stated a zoning change would have a detrimental impact on the privacy of the neighbors, She stated her property is next door to the Jenkins property. Planning & Zoning Commission Minutes - January 8, 2001 Page 5 of 7 - Approved on 02/12/01 Marion Jenkins, 609 Beverly Drive. He spoke in favor of the request and his request (Item 7). He stated the request of the Hulet's has been withdrawn and presented a letter to that effect. He stated he has improved the value of this property over the course of his time there, including planting trees. Mr. Jenkins asked if the Planning & Zoning Commission ever overrides the staff recommendations, and he was advised that the Commission in the past not followed staff recommendations. He stated he wants to have control over his property in order to possibly deed it to his heirs or live in a smaller house. He read a letter into the record from Mr, C,L. Haggard, dated January 7, 2001, stating property values will not decrease if the property was divided into two lots. Lee Rimmer, 508 Beverly Drive. He spoke in opposition to the request. He stated that the change could set a pattern for similar changes in the area in the future. Mike Feaster, 500 Beverly Drive, applicant. He stated his wife inherited the lot from her mother, who purchased the property 38 years ago. He stated the change would not materially impact the development in the area. He stated they are willing to sell all or part of the property, and intend to sell the entire property. He stated 2/3 of the property was fenced separately and is not used and is only being maintained. He state the property would be more valuable as two lots than as one lot, and the property values would not decrease because of the lot split. He stated the zoning across Bransford Road is R20. He stated the property is unique in its location and configuration that lend it to being split into two lots. Kathy Hasting, 5812 Bransford Road. She stated her concern over the possibility that a house too large for the area would be built on the half-acre lot. She stated she prefers the rural atmosphere of the area. Alice Colao, 705 Beverly Drive. She spoke in opposition to the request. She stated she would like to see the development on the street stay the same. Jo E. Feaster, 500 Beverly Drive, applicant. She stated her family has owned property in Colleyville for a long time. She stated that the development in Colleyville would not have occurred if opposition to similar requests had been successful. Duane Beele, 509 Beverly Drive. He spoke in opposition to the request. He stated his desire to see the development in the area stay the same. He stated most of the lots are over one acre in size already. He stated his concern over the future number of lots that could be developed in the area. Helen Lear, 5901 Bransford Road. She spoke in opposition to the request. She stated she would like to keep the area rural and allow livestock and horses, since small lots and livestock do not mix well. She stated the area is desirable because of the larger lots. She stated the change could set a precedent for future changes. Tony Dobbins, 600 Leta Lane. He spoke in opposition to the request. He stated the R20 would minimize property values in the area. Someone in the audience asked which item was being considered, Item 6 or Item 7. Planning & Zoning Commission Minutes - January 8, 2001 Page 6 of 7 - Approved on 02/12/01 Chairman Hart stated Item 6 is currently being discussed, but a separate hearing will be held on Item 7, even though comments are being offered on both cases during this hearing, He stated the Commission has two hearings scheduled. Marcella Gleason, 600 Beverly Drive. She spoke in opposition to the request. She stated the value would not be increased if Bransford Road were widened. There being no one else present wishing to speak, Public Hearing was closed. Commissioner Gasper asked how long has the area been zoned R40. Staff advised that the area was likely zoned R40 during the 1970s when the R40 designation was adopted. Commissioner Hill asked how long has the area been zoned R10. Staff advised they did not know how long the area had been zoned R10, Staff advised that the property was likely rezoned in the 1970s, much like the R40 area. Commissioner Edwards stated much of the R 10 area is actually built at R20 standards, with most lots being double lots. Commissioner Gasper stated her concern over setting a precedent if the request to R20 is approved. Commissioner Hollis state the Commission approved a small zoning case on John McCain Road in a similar situation, from AG to R20. He stated it was a split vote. Commissioner Hill asked if approving the case would set a precedent on future actions, Staff advised that it would not create a precedent, although the change could influence how a person votes, and each Commissioner would have to independently decide how much weight such a change should be given in future votes. Commissioner Hocutt asked if there are similar zoning situations in town. Staff advised there are areas with mixed zoning, but no specific case came to mind. Commissioner Hocutt asked if there would be a one-year waiting period to reapply for the same zoning if the request were denied by the Council, and if the property owner could request a change from R20 to R40 if this request were approved. Staff advised that the one-year waiting period was correct, and that the property owner could request the zoning change. Commissioner Gasper moved to deny Z-01-003. Commissioner Hocutt seconded the motion. The vote being: Ayes: Gasper, Hollis, Wall, Hart, Edwards, Hocutt Noes: Hill Planning & Zoning Commission Minutes - January 8, 2001 Page 7 of 7 - Approved on 02/12/01 7. PUBLIC HEARING - A Zoning Change requested by Marion Jenkins and Eric Hulet from R40 (single family residential, min. 40,000 s.f.) to R20 (single family residential, min, 20,000 s.f.) on 2.0 acres located at 609 Beverly Drive & 608 Leta Lane. Case Z-01-004 Mr. Jenkins, 609 Beverly Drive. He stated he is withdrawing his request and presented a letter to that effect. He stated there is no need to waste any more time on this matter and thanked the Commission for its time. Chairman Hart asked if the public hearing needs to be opened and a motion made on the case. Staff advised that since the application has been withdrawn, in writing and verbally, then there is no case to consider at this time. 8. Consider appointment of a Planning & Zoning Commissioner to the Park Land Dedication Committee. Clayton Husband presented the item to the Commission. Commissioners Hill and Wall nominated Commissioner Hocutt to serve on the Park Land Dedication Committee. Approved by acclamation. 9, Citizens' comments regarding items not on the agenda: None. 10. Staff comments, reports and discussion items. Staff advised the Commission of the status of the Broughton zoning case. The Commission requested a copy of the approved ordinance. 11. Commissioners' comments and reports. None. ADJOURNMENT: The Commission moved to adjourn the meeting at 9:00 p.m. The motion was seconded and passed by acclamation. Respectfully Submitted, J. Clayton Husband, AICP Development Coordinator Approved on: February 12, 2001. NOTE: As a matter of public record, an audio recording of the above Planning and Zoning Commission meeting is available upon request.