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.