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PLANNING AND ZONING COMMISSION
REGULAR MEETING
October 3, 2006
The Planning and Zoning Commission of the City of Anna held its regular meeting on Tuesday,
October 3, 2006, at 7:00 p.m., at the Community Room of the Texas Star Bank, located at 402
W. White Street (FM 455), Anna, Texas, to consider the following items.
1. Call to order and establishment of quorum.
Chairman John Rattan called the meeting to order at 7:00 p.m. Members present were
John Rattan, Nancy Pennington, William Ballantyne, J. W. Finley, Joseph Boda, Jon
Hendricks, David Cullar and Councilman Keith Green as the City Council Liaison.
2. Consider action on rescheduling the Planning and Zoning Commission's regular
meeting of November 7, 2006.
After brief discussion, Chairman Rattan recommended leaving the date of meeting the
same (November 7, 2006) and change the time to 7:30 p.m.
Motion was made by Joseph Bode to accept the recommendation made by Chairman
Rattan. Mr. Finley seconded the motion, which passed by the following vote:
7 aye 0 nay 0 abstained
3. Consider/Discuss/Act on recommendations regarding preliminary plat for Park
Place Addition.
The Developer/Representative was not present.
Maurice Schwanke, Planning Consultant, was recognized and gave a brief review of
some of the issues concerning the preliminary plat. Mr. Schwanke discussed the tree
survey that was made and that several areas have tree cover that needs to be preserved
and that Mr. Olson had been noted regarding this issue. Mr. Schwanke stated that the
developer presented another version, which differed from the original tree survey but
which actually did more damage to the nice trees along the drainage area. Other issues
included platting property not owned by the developer along FM 455 and showing a trail
across single family lots without easements. Mr. Schwanke also noted that James
Parkman, Director of Public Works, had some problems with the utility plans. He also
noted that comments made by Mr. Tim Monis had not been addressed. Mr. Schwanke
stated that the developer was repeatedly asked to provide the staff some time to work
out some of the major concerns by giving the City a letter requesting a waiver of the
thirty day requirement. Mr. Schwanke stated that since there appeared to be no other
reasonable options the staff recommendation was to deny plat.
Mr. Lawrence noted that the staff had received a letter a few hours ago viae -mail in
which the property owner is requesting that this item be passed on condition that the
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issues raised by Mr. Schwanke, Mr., Parkman and Tim Morris be satisfied prior to
submission to Council. Mr. Lawrence stated that staff recommended that the
commission not accept this request but instead deny without prejudice the plat as
submitted.
Motion was made by Mr. Finley to deny plat without prejudice, seconded by Ms.
Pennington, which passes by the following vote:
7 aye 0 nay 0 abstained
4. Consider/Discuss/Act on recommendation regarding final plat for Northpointe
Crossing Phase Two.
Mitchell Lenamond from Eric L. Davis Engineering, Inc., representative for Northpointe
Crossing, was present to answer questions from the commission if needed.
Maurice Schwanke was recognized and stated that his comments and those of Moms
Engineers regarding final plat had been satisfied.
A motion was made by Mr. Finley to recommend approval of final plat to Council. Ms.
Pennington seconded the motion.
A brief discussion followed after the motion. Mr. Hendricks was recognized and
expressed his views regarding the lot sizes and that he does not want to see any 50 ft.
lot sizes and would not vote for such.
Mr. Schwanke responded that this project was a planned development that specked lot
sizes and included a concept plan and that the plat was almost an exact representation
that was approved by the PZC and the City Council. He also noted that the final plat
followed the preliminary plat exactly the way it was approved by both the PZC and City
Council. Mr. Schwanke stated that as long as they are meeting the ordinance under
which the project was being developed there were no grounds for disapproval.
Mr. Lawrence was recognized and stated that the 50 ft. lot width issue was a zoning
question and not a platting question.
Ken Lambert was recognized and stated that Northpointe is a large master plan
community of approximate 700 lots that includes six different phases with different lot
sizes. He noted that there had previously been lots of discussion on the blend of the
different lot sizes which was covered during the zoning of the property and the
preliminary landscape plat was approved which laid out all the different lot sizes. He
also noted that the next phase will have very few 50 ft lot sizes. He stated that they
have work very diligently with Tim Monis and Mr. Schwanke by addressing all of their
concerns and issues and is asking the commission to recommend approval of plat.
After additional discussion, motion carried by the following vote:
6 aye 1 nay (Jon Hendricks) 0 sustained
5a. Public Hearing
To consider public comment on a request by Mr. Joe Greer to change zoning on
tract of land in the Henry Brantley Survey, Abstract No. 71, from Single Family
Residential (SF -1) to Restricted Commercial (C7) zoning. Property is located north
of Hackberry lane on the west side of Powell Parkway (Hwy 5).
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Public hearing was opened at 7:19 p.m
Joe Greer, owner of property, gave a brief review of his zoning request. Mr. Greer
stated that he did not want to develop anything but instead wanted only to utilize existing
structures.
Mr. Schwanke was recognized and stated that he is in support of the zoning request and
that the area on the land use plan map shows as commercial.
Ms. Pennington was recognized and expressed a concern with the property and
buildings not meeting current codes.
Other discussions and concerns were with setbacks, trees, how the area affects the
downtown area, and landscaping.
Mr. Schwanke stated that those concerns will be addressed as development plans for
the property were presented to the City.
Mr. Lawrence was recognized and noted that this is a zoning case and not a platting
issue and that most of the issues raised by commission members would be considered
when property is platted.
Public hearing dosed at 7:30 p.m.
5b. Consider/Discuss/Act on recommendation regarding request by Mr. Joe Greer to
change zoning on tract of land in the Henry Brantley Survey, Abstract No. 71, from
Single Family Residential (SF -1) to Restricted Commercial (C1) zoning. Property
is located north of Hackberry Lane on the west side of Powell Parkway (Hwy 5).
After brief discussion, a motion was made by Mr. Finley to recommend approval of
zoning request from SF -1 to C-1 General Commercial. Mr. Culler seconded the motion,
which passed by the following vote:
7 aye 0 nay 0 abstained
6. Consider presentation by Sandra Bryant of A.M. Bryant Properties, Inc. and Ralph
Urban of Hurricane Manor, LTD regarding the development of a 45 acre tract
"Urban Acres" located at CR 368 and CR 370, adjacent and south of Hurricane
Creek Estates.
Sandra Bryant of A. M. Bryant Properties, Inc, and Ralph Urban of Hurricane Manor,
Ltd., gave a brief presentation on the proposal to develop a 45 acre tract located at
County Road 368 and County Road 370, adjacent and south of Hurricane Creek
Estates. Ms. Bryant asked the Commission if they would be in favor of this sort of
development for the City of Anna.
Mr. Schwanke was recognized and stated that there is an encumbrance on the south
side of this property, a 50 ft. Cross -Tex gas pipe line easement and if extended to the
east, the gas line would be beneath our future 120 ft wide thoroughfare. He suggested
that when platted, the thoroughfare dedication should slide to the north of the location as
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currently depicted so that the right-of-way is not in the gas easement any more than is
required to cross the easement south of the Urban property.
7. Briefing and discussion regarding the proposed zoning request for the Mantua
project.
Mr. Hendricks asked questions concerning the boundary lines of the existing city limits.
Mr. Paschal informed that the city limits line was put where they understood from both
cities they were supposed to be. He stated that if the cities indicated that they are
supposed to be in some other locations, the line could be revised.
Mr. Lawrence showed where the existing boundary line was located using the map that
was displayed. There was extended discussion regarding the boundary line for the
existing city limits.
8. Consider/Discuss/Act regarding recommendation(s) for revisions of the City of
Anna Land Use Plan and Thoroughfare Plan.
Chairman Rattan informed that commission that a letter had been received from
Skorburg Company. The letter included a request that the commission table the
Thoroughfare Plan revisions.
Mr. Lawrence was recognized and stated they had been talking with Skorburg Company
regarding the easVwest thoroughfare that has been an issue and had been discussed
several times by the PZC. He also noted that most commission members had indicated
support for the easttwest thoroughfare, but requested that final recommendations be
delayed to give the staff an opportunity to further discuss the thoroughfare issue with the
commission.
Several commission members expressed concern about further delaying the
recommendation on the land use and thoroughfare plan.
Jed Dolson, representative for Skorburg Company, argued for postponement of a final
recommendation primarily on the grounds that the developer had not been informed in a
timely manner regarding a change that significantly affected development plans for a
large tract of land owned by the Skorburg Company.
After extended discussion, a motion was made by Mr. Ballantyne to recommend
approval of revisions as presented to Council. Motion was seconded by Mr. Hendricks,
which failed by the following vote:
3 aye (Ballantyne, Hendricks, Finley)' 4 nay (Rattan, Pennington, Culiar, Bode)
A motion was made by Joseph Boda to table revision of the City of Anna Land Use plan
and Thoroughfare Plan. Motion was seconded by Mr. Ballantyne, which passed by the
following vote:
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7 aye 0 nay 0 abstained
9. Citizen comments and other presentations.
Jim Rountree, Hurricane Creek Circle, Anna, Texas, stated that he and virtually all other
residents of the Hurricane Creek subdivision, opposed to the wastewater treatment that
was proposed as part of the development plan for the Mantua project.
Nathan Olson, representing Park Place, asked about the decision on item three on the
agenda, (Park Place preliminary plat) since he was not present at the time the agenda
item was discussed. Mr. Schwanke was recognized and stated that the comments he
and Tim Morris made had not been addressed by the developer. Mr. Olson was
informed that the preliminary plat for Park Place was recommended for denial without
prejudice.
Chairman Rattan asked Mr. Lawrence if a motion could be made to re -open number
three agenda item and was informed item could not be re -opened unless someone who
voted in the majority asked for reconsideration and the motion to reconsider passed by
majority vote. There being no such motion, Chairman Rattan informed Mr. Olson that
the matter would not be reconsidered but that he could appeal the decision to the City
Council.
Mr. Olson stated that he wanted the plat to be presented to Council
10. Consider action to approve Minutes of the following meetings:
• August 29, 2006 Workshop (City of Van Alstyne and Anna)
• September 6, 2006
A motion was made by Mr. Finley, seconded by Mr. Cullar, to approve minutes of August
29, 2006 as submitted, which passed by the following vote:
7 aye 0 nay 0 abstained
A motion was made by Mr. Finley, seconded by Mr. Ballantyne, to approve minutes of
September 5, 2006 meeting as submitted, which passed by the following vote:
7 aye 0 nay 0 abstained
11. Adjourn
There being no further business, a motion was made by Nancy Pennington, seconded
by Mr. Finley, to adjourn meeting -
7 aye 0 nay 0 abstained
The meeting was adjourned at 8:38 p.m.
Q-
Jqfin Rattan, Chairman
ATTEST:
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ept IBo a, ecretary
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