CITY OF HUNTERS CREEK VILLAGE, TEXAS
MINUTES OF THE PLANNING AND ZONING COMMISSION
November 28, 2005
The special meeting was called to order at 6:00 p.m. by Chairman Plato Pappas and the roll of appointed officers was taken. The following commissioners present were: Don Fizer, Sandy Timte, Alice Kilgore, and Mary Johnson. Also in attendance were Cheryl Wilson, City Attorney, Deborah Loesch, City Secretary, Mayor Steve Reichek, Councilmember Peggy Burck, Bobby Deden, City Engineer, Ed Mergele, Building Official, Ken Spalding, Russ Schulze and David Wegner members from the Board of Adjustment.
Presentation and discussion of proposed amendments to the zoning ordinance regarding:
(a) The definition of “height of building” and height regulations. Mayor Reichek presented his position on the height of building at 35’ as established in 1955, but would like the Commission to consider allowing a height of 38’ for lots one acre or greater with additional setbacks for side and rear yards. There was further discussion on how to measure the height of buildings and from what point does the measurement occur, excluding chimneys.
(b) Required yards and maximum lot coverage for nonconforming lots and the maximum height of buildings located on nonconforming lots. Councilmember Burck presented the position to consider that any lot that was recorded by either a plat or deed prior to March 25, 1955 should be maintained by proposing to grandfather all lots prior to 1955 as originally platted and proposing setting setbacks (building lines) are based on the size of lot for those that were not recorded. All agreed that the burden would be on the builder to provide proof and not cause undue burden on smaller lots already in existence.
(c) The screening of automobile shelters (garages), facing side lot lines, from the front street line of view that forms an angle measured from any point on the front street line to any point in such opening that is greater than 45° and such screening providing a solid visual barrier. David Wegner presented the proposal to delete the regulations because they are hard to enforce and not practical in today’s building environment. He does not see the value in the requirement. Mr. Wegner requested that this sub-section be rescinded for the purpose of safety and aesthetics.
(d) Permitting a fence or wall in front of the residence, but not in front of the front building line of the property. It was pointed out that this is already allowed by a variance from the Board of Adjustment.
The Regular Meeting of the Planning and Zoning Commission convened at 7:35 p.m.
Discussion and possible action to approve the minutes of the September 26, 2005 and October 10, 2005 meetings.
A motion was made by Don Fizer with a second by Sandy Timte to approve the minutes as written. The motion carried unanimously.
Presentation and discussion of the proposed final re-plat for the Lots 40, 41, and 42, Block 3 Memorial Drive Manor, being further identified as 402 and 412 Lindenwood.
Mr. Mike Wheeler with Klotz Associates, representing the property owners, presented the proposed final re-plat for discussion. There were many items which needed to be resolved according to the City Engineer and had not been addressed on the plat. Mr. Wheeler asked the Commission to consider allowing the withdrawal of the plat to correct the problems noted by the City Engineers and address the drainage issues. A motion was made by Don Fizer with a second by Alice Kilgore to accept the applicant’s request for withdrawal. The motion carried unanimously.
Public Hearing for the purpose of receiving testimony for and against the approval of the final re-plat described above.
Chairman Pappas stated that the public hearing would be continued at a special meeting on January 9, 2006 at 7:30 p.m. and any one wishing to speak on this matter will have the opportunity at that time. Written comments will be made a part of the record at the public hearing on January 9, 2006.
Discussion and possible action to grant approval of the final re-plat for Lots 40, 41, and 42, Block 3 Memorial Drive Manor, being further identified as 402 and 412 Lindenwood.
No action was taken since the application was withdrawn.
Presentation and discussion of the proposed final re-plat for Exquisite Estate Subdivision, Lot 2, Block 1, being further identified as 615 Voss Road, to create two (2) single-family residential lots.
Engineers with the Interfield Group, representing the property owners, presented the proposed final re-plat for discussion. There were many items which needed to be resolved according to the City Engineer and had not been addressed on the plat.
Public Hearing for the purpose of receiving testimony for and against the approval of the final re-plat described above.
The public hearing was opened for comments. There were no oral comments received. However, Charles Beckham and Jerry Greenberg’s written comments were noted for the record. Hearing no further comments, the public hearing was closed.
Discussion and possible action to grant approval of the final re-plat for Exquisite Estate Subdivision, Lot 2, Block 1, being further identified as 615 Voss Road, to create two (2) single-family residential lots.
A motion was made by Alice Kilgore with a second by Don Fizer to disapprove the plat as submitted until all issues were resolved as noted by the City Engineer as follows:
1. No final plans (engineering drawings) have been submitted for review of on site utilities, drainage and paving; showing nearest island cut on Voss in relation to street right-of-way;
2. Requires current Title Report;
3. Address of each lot;
4. Survey tie and coordinates of ties;
5. Location of watercourse or easements for drainage and calculations;
6. Topographic information;
7. Correct dedicatory language;
8. Add Owner engineer’s certification and remove City Engineer;
9. Add names of City’s Planning & Zoning chairman, etc.;
10. Add minimum 25 foot radius on cul-de-sac right-of-way;
11. Show setbacks of 25 feet at Voss Road right-of-way;
12. Verify setback on Tuscany Court and north setback on Lot 1 (side line);
13. Requires 50 foot (or 75 foot setback on Voss Road) since the lot is double frontage. See Chapter 14, Sub-Section 6-4(b)(1) of the Zoning Ordinance; and
14. Verify the front building line of Lot 1.
The motion carried unanimously.
Presentation and discussion of the proposed preliminary re-plat for Lot 11, Block 1, Wellesley Addition, being further identified as 10660 Memorial Drive, to create two (2) single-family residential lots.
Ms. Belinda King, representing Waterhill Homes, discussed the proposed re-plat submitted. It was noted that a 50’ setback along Saddlewood was required and that the plat was incomplete. It was noted by the City Engineer several other items of concern that Lot 2 could be considered a flag lot.
Public Hearing for the purpose of receiving testimony for and against the approval of the preliminary re-plat described above.
The public hearing was opened for comments. Hearing none, the hearing was closed.
Discussion and possible action to grant approval of the preliminary re-plat for Lot 11, Block 1, Wellesley Addition, being further identified as 10660 Memorial Drive, to create two (2) single-family residential lots.
A motion was made by Don Fizer with a second by Mary Johnson to disapprove the plat as presented based on the following items required by the City Engineer:
1. Requires current Title Report;
2. Requires subdivision name;
3. Verify water, sewer and drainage plan;
4. Verify that Lot 2 is not considered a Flag Lot;
5. Front yard setbacks must be provided on both streets;
6. The building pad needs to have a build able area for the minimum home square footage on Lot 1 with the required yard setbacks;
7. The rear yard on Lot 1 appears to be adjacent to Lot 12 and if that is true, then a 25 foot setback is required on that lot line;
8. Identify the intent of placing fences on Saddlewood and Memorial Drive; and
9. Additional driveway access to Memorial or Saddlewood
The motion carried unanimously.
Presentation, discussion and possible action on a proposal to amend Sub-Section 6-7i. of the Zoning Ordinance to permit a fence or wall along or behind the front building line, regardless of where the residence is located on the lot.
A motion was made by Alice Kilgore with a second by Mary Johnson to adopt and approve a preliminary report to consider amending Sub-Section 6-7 i to propose changes to allow fences and walls as follows:
“A fence or wall shall be permitted, subject to the other limitations of this Subsection, along or behind the front building line, regardless of where the residence is located on the lot. Such fence or wall shall be of wrought iron or equivalent, brick or masonry construction.”
The motion carried unanimously.
Public Hearing for the purpose of receiving testimony for and against the proposed amendment described in above.
The public hearing was opened for comments. Councilmember Peggy Burck and Hossain Jalalabadi both stated they supported the proposed language change. Hearing no further comments, the hearing was closed.
Discussion and possible action to adopt a final report and approve a recommendation to City Council on the adoption of an ordinance amending Sub-Section 6-7i. of Chapter 14 of the Code of Ordinances, the same being the City’s comprehensive Zoning Ordinance, to permit a fence or wall along or behind the front building line, regardless of where the residence is located on the lot.
A motion was made by Sandy Timte with a second by Don Fizer to adopt and approve the final report and submit the recommendation to the City Council as follows:
“A fence or wall shall be permitted, subject to the other limitations of this Subsection, along or behind the front building line, regardless of where the residence is located on the lot. Such fence or wall shall be of wrought iron or equivalent, brick or masonry construction.”
The motion carried unanimously.
Presentation, discussion and possible action on a proposal to amend Sub-Section 6-5(3) (iv) and (v) of the Zoning Ordinance to delete regulations requiring the opening of automobile shelters (garages) that face the side line of a lot to be situated or screened so that no part of the opening is visible from the front street in a line of view that forms an angle, measured from any point on the front street line to any point in such opening, that is greater than 45 degrees.
A motion was made by Don Fizer with a second by Mary Johnson to adopt and approve a preliminary report to delete Sub-Section 6-5 (3) (iv) and (v) in its entirety. The motion carried unanimously.
Public Hearing for the purpose of receiving testimony for and against the proposed amendment described in above.
The public hearing was opened for comments. The comments received were based on the 45 degrees as being meaningless and would be in favor of deleting the regulation. Hearing no further comments, the public hearing was closed.
Discussion and possible action to adopt a final report and approve a recommendation to City Council on the adoption of an ordinance amending Sub-Section 6-5(3) (iv) and (v) of Chapter 14 of the Code of Ordinances, the same being the City’s comprehensive Zoning Ordinance, to delete regulations requiring the opening of automobile shelters (garages) that face the side line of a lot to be situated or screened so that no part of the opening is visible from the front street in a line of view that forms an angle, measured from any point on the front street line to any point in such opening, that is greater than 45 degrees.
A motion was made by Sandy Timte with a second by Alice Kilgore to adopt and approve a final report and recommendation based on comments heard to delete Sub-Section 6-5(3) (iv) and (v). The motion carried unanimously.
Presentation, discussion and possible action on a proposal to amend Section 19.5 of the Zoning Ordinance to amend the definition of “height of building” and to amend Sub-Section 6-3 related to height regulations.
A motion was made by Don Fizer with a second by Plato Pappas to adopt a preliminary report as follows:
1. Section 19.5 of the Zoning Ordinance the definition of building height. “The vertical distance as measured from the finished floor to the highest ridge of the roof of a building, excluding chimneys, provided the height of the chimney complies with building code requirements. The finished floor level of a building shall be the predominate elevation of the main floor living space, excluding cutouts, elevators, and garages. The minimum elevation of the finished floor level of a building shall be as established by applicable codes; however, an additional 12” of elevation to the minimum elevation of the finished floor level may be added without affecting the maximum allowed height.”
2. Sub-Section 6-3 Height Regulations of the Zoning Ordinance. “The maximum building height on lots one acre or greater in size shall not exceed thirty-eight feet (38’) feet provided that the required side yard is increased by an additional five feet (5’) and the required rear yard is increased by an additional five feet (5’). The maximum building height on lots less than one (1) acre in size shall not exceed thirty-five feet (35’). The building height limitation provided in this Sub-Section shall not apply to church steeples. Notwithstanding the foregoing, aerial antennas shall not exceed a height of forty-five feet (45’) as measured from the finished floor level as defined under Section 19.5.”
3. Sub-Section 7-2 Maximum Height of Structures of the Zoning Ordinance (Business District). “The maximum height of structures located on lots one acre or greater in size shall not exceed thirty-eight feet (38’) provided that the required side yard is increased by an additional five feet (5’) and the required rear yard is increased by an additional five feet (5’). The maximum height of structures located on lots less than one (1) acre in size shall not exceed thirty-five feet (35’). The height of a structure shall be the vertical distance as measured from the finished floor level, as defined under Section 19.5, to the highest ridge of the roof of the main building located on the lot. Notwithstanding the foregoing, aerial antennas shall not exceed a height of forty-five feet (45’) as measured from the finished floor level as defined under Section 19.5.”
The motion carried unanimously.
Public Hearing for the purpose of receiving testimony for and against the proposed amendments described above.
The public hearing was opened for comments, hearing none, the hearing was closed.
Discussion and possible action to adopt a final report and approve a recommendation to City Council on the adoption of an ordinance amending Section 19.5. of Chapter 14 of the Code of Ordinances, the same being the City’s comprehensive Zoning Ordinance, to amend the definition of “height of building” and to amend Sub-Sections 6-3 and 7-2 related to height regulations.
A motion was made by Don Fizer with a second by Alice Kilgore to adopt the final report and recommendation to City Council as follows:
1. Section 19.5 of the Zoning Ordinance the definition of building height. “The vertical distance as measured from the finished floor to the highest ridge of the roof of a building, excluding chimneys, provided the height of the chimney complies with building code requirements. The finished floor level of a building shall be the predominate elevation of the main floor living space, excluding cutouts, elevators, and garages. The minimum elevation of the finished floor level of a building shall be as established by applicable codes; however, an additional 12” of elevation to the minimum elevation of the finished floor level may be added without affecting the maximum allowed height.”
2. Sub-Section 6-3 Height Regulations of the Zoning Ordinance. “The maximum building height on lots one acre or greater in size shall not exceed thirty-eight feet (38’) feet provided that the required side yard is increased by an additional five feet (5’) and the required rear yard is increased by an additional five feet (5’). The maximum building height on lots less than one (1) acre in size shall not exceed thirty-five feet (35’). The building height limitation provided in this Sub-Section shall not apply to church steeples. Notwithstanding the foregoing, aerial antennas shall not exceed a height of forty-five feet (45’) as measured from the finished floor level as defined under Section 19.5.”
3. Sub-Section 7-2 Maximum Height of Structures of the Zoning Ordinance (Business District). “The maximum height of structures located on lots one acre or greater in size shall not exceed thirty-eight feet (38’) provided that the required side yard is increased by an additional five feet (5’) and the required rear yard is increased by an additional five feet (5’). The maximum height of structures located on lots less than one (1) acre in size shall not exceed thirty-five feet (35’). The height of a structure shall be the vertical distance as measured from the finished floor level, as defined under Section 19.5, to the highest ridge of the roof of the main building located on the lot. Notwithstanding the foregoing, aerial antennas shall not exceed a height of forty-five feet (45’) as measured from the finished floor level as defined under Section 19.5.”
The motion carried unanimously.
Presentation, discussion and possible action on a proposal to amend Sub-Section 9-2 of the Zoning Ordinance to establish the required yards and maximum lot coverage for non-conforming lots and to establish the maximum height of buildings located on non-conforming lots.
A motion was made by Don Fizer with a second by Mary Johnson to adopt a preliminary report as follows:
Sub-Section 9-2 a. be deleted and replaced as follows:
a.
Non-conforming lots or tracts legally created and lying within a
subdivision which were in existence on March 25, 1955, and in separate ownership
shall have the following requirements for yards and set backs:
(1)
Front Yard – The front yard shall be a depth of not less than the average
yard depth of all yard depths for completed residences within the same
subdivision or 50 feet whichever is the lesser.
(2)
Side Yards – There shall be two side yards on each lot, having a combined
width of not less than twenty (20) feet; neither if said yards shall be less
than ten (10) feet or have a width less than the average width of all other side
yards on non-conforming lots within the same subdivision whichever is greater.
(3)
Rear Yard – There shall be a rear yard having a depth of not less than
twenty-five (25) feet.
(4)
In lots or tracts of less than 22,500 square feet in area in such
pre-existing subdivisions, the building area, exclusive of outdoor swimming
pools, shall not exceed one-third of the lot area or 5,625 square feet,
whichever is less.
b.
Existing single-family dwellings and customary accessory buildings
located on non-conforming lots or tracts legally created and lying within a
subdivision which was in existence on March 25, 1955 may be altered, repaired or
enlarged; provided however, any enlargement or alteration shall meet all
setback, yard and height requirements established herein for such subdivision.
and replaced with the following:
a. Required Yards.
(1) The required front yard, side yard and rear yard for non-conforming lots or tracts legally created and lying within a subdivision which were in existence on March 25, 1955, and in separate ownership, shall meet or exceed the following requirements:
i. the yard requirements/building lines established in the recorded deed restrictions applicable to said lots or tracts as such deed restrictions existed on March 25, 1955, or as such deed restrictions were amended; or
ii. the building lines established on a plat recorded prior to March 25, 1955.
If the original deed restrictions and amended deed restrictions conflict or the deed restrictions (original or amended) and the building lines established in a recorded plat conflict, the greater distance or depth shall apply. If neither recorded deed restrictions nor a recorded plat establish building lines/a front yard, a side yard, or a rear yard, the required yard shall be as set forth in the following provisions.
(2) The minimum yard requirements/building lines for all non-conforming lots that do not meet the criteria specified in subsection a.(1) above or, in the case that deed restrictions nor a recorded plat establish building lines/a front yard, a side yard, or a rear yard measured from the edge of the street easement or right-of-way:
i. Required Front Yard:
Lots less than 15,000 sq. ft 25 feet
Lots 15,000 sq. ft. - 17,999 sq. ft. 30 feet
Lots 18,000 sq. ft. - 22,499 sq. ft. 40 feet
The required front yard for a front yard on the turn around portion of a cul-de-sac shall be 35 feet.
ii. Required Side Yards: 10 feet for interior side lots. Side yards adjacent to side streets shall be not less than 15 feet.
iii. Required Rear Yard: 25 feet.
b. Maximum Lot Coverage.
Not more than one-third of the lot area or 5,625 square feet, whichever is less, including the main building, accessory buildings, and other impervious surfaces, but not including outdoor swimming pools.
c. Maximum Height. The same as specified in Sub-Section 6-3 of this Ordinance.
The motion carried unanimously.
Public Hearing for the purpose of receiving testimony for and against the proposed amendment described above.
The public hearing was opened for comments. Comments were heard from Ken Spalding regarding conforming lots existing in subdivisions with non-conforming lots. Hearing no further comments. The public hearing was closed.
Discussion and possible action to adopt a final report and approve a recommendation to City Council on the adoption of an ordinance amending Sub-Section 9-2 of Chapter 14 of the Code of Ordinances, the same being the City’s comprehensive Zoning Ordinance to establish the required yards and maximum lot coverage for non-conforming lots and to establish the maximum height of buildings located on non-conforming lots.
A motion was made by Don Fizer with a second by Sandy Timte to adopt and submit the final report and recommendation to City Council as follows:
Sub-Section 9-2 a. be deleted and replaced as follows:
c.
Non-conforming lots or tracts legally created and lying within a
subdivision which were in existence on March 25, 1955, and in separate ownership
shall have the following requirements for yards and set backs:
(1)
Front Yard – The front yard shall be a depth of not less than the average
yard depth of all yard depths for completed residences within the same
subdivision or 50 feet whichever is the lesser.
(2)
Side Yards – There shall be two side yards on each lot, having a combined
width of not less than twenty (20) feet; neither if said yards shall be less
than ten (10) feet or have a width less than the average width of all other side
yards on non-conforming lots within the same subdivision whichever is greater.
(3)
Rear Yard – There shall be a rear yard having a depth of not less than
twenty-five (25) feet.
(4)
In lots or tracts of less than 22,500 square feet in area in such
pre-existing subdivisions, the building area, exclusive of outdoor swimming
pools, shall not exceed one-third of the lot area or 5,625 square feet,
whichever is less.
d.
Existing single-family dwellings and customary accessory buildings
located on non-conforming lots or tracts legally created and lying within a
subdivision which was in existence on March 25, 1955 may be altered, repaired or
enlarged; provided however, any enlargement or alteration shall meet all
setback, yard and height requirements established herein for such subdivision.
and replaced with the following:
a. Required Yards.
(1) The required front yard, side yard and rear yard for non-conforming lots or tracts legally created and lying within a subdivision which were in existence on March 25, 1955, and in separate ownership, shall meet or exceed the following requirements:
iii. the yard requirements/building lines established in the recorded deed restrictions applicable to said lots or tracts as such deed restrictions existed on March 25, 1955, or as such deed restrictions were amended; or
iv. the building lines established on a plat recorded prior to March 25, 1955.
If the original deed restrictions and amended deed restrictions conflict or the deed restrictions (original or amended) and the building lines established in a recorded plat conflict, the greater distance or depth shall apply. If neither recorded deed restrictions nor a recorded plat establish building lines/a front yard, a side yard, or a rear yard, the required yard shall be as set forth in the following provisions.
(2) The minimum yard requirements/building lines for all non-conforming lots that do not meet the criteria specified in subsection a.(1) above or, in the case that deed restrictions nor a recorded plat establish building lines/a front yard, a side yard, or a rear yard measured from the edge of the street easement or right-of-way:
i. Required Front Yard:
Lots less than 15,000 sq. ft 25 feet
Lots 15,000 sq. ft. - 17,999 sq. ft. 30 feet
Lots 18,000 sq. ft. - 22,499 sq. ft. 40 feet
The required front yard for a front yard on the turn around portion of a cul-de-sac shall be 35 feet.
ii. Required Side Yards: 10 feet for interior side lots. Side yards adjacent to side streets shall be not less than 15 feet.
iii. Required Rear Yard: 25 feet.
b. Maximum Lot Coverage.
Not more than one-third of the lot area or 5,625 square feet, whichever is less, including the main building, accessory buildings, and other impervious surfaces, but not including outdoor swimming pools.
c. Maximum Height. The same as specified in Sub-Section 6-3 of this Ordinance.
The motion carried unanimously.
Adjournment
With no further business coming before the Commission, a motion was made by Don Fizer and a second by Sandy Timte to adjourn the meeting. The motion carried unanimously. The meeting adjourned at 11:45 p.m.
Respectfully Submitted,
Deborah L. Loesch, TRMC
City Secretary
These minutes were approved on the 23rd day of January , 2006.
A copy of the Final Report and Recommendations is attached hereto as a part of these minutes.