CITY OF HUNTERS CREEK VILLAGE, TEXAS
MINUTES OF THE PLANNING AND ZONING COMMISSION
January 9, 2006
The special meeting was called to order at 7:30 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 David Weaver. Also in attendance were Cheryl Wilson, City Attorney, Deborah Loesch, City Secretary, and Bobby Deden, City Engineer.
Deferred from the meeting on November 28, 2005, the Planning and Zoning Commission continued the public hearing and discussion with possible action concerning the following:
a. 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.
The Commission was advised that the plat was not submitted timely for the City Engineer and the City Secretary to properly review and prepare for distribution to the Commission. The applicant was allowed to continue with the presentation of the plat as presented. Mike Wheeler, Klotz Associates, representing the property owner explained that the drainage plans had been submitted to the City Engineer, but there were still issues that needed to be resolved and since the plat had not been submitted timely, the City Engineer was unable to review the drainage plans against the most recent plat submitted. Bobby Deden, City Engineer, recommended that the plat be rejected based on the untimely submission.
Mr. Wheeler was advised by the Commission that they were advised through legal counsel that a replat can be approved as long as it does not attempt to amend or remove any covenants or restrictions. Mr. Wheeler believes that the plat does not change the original deed restrictions.
b. Continuation of the Public Hearing for the purpose of receiving testimony for and against the approval of the final re-plat described in (a) above.
The public hearing was opened for comments. Comments were received from:
(1) Carol Phillips, Lot 13A, Longwoods Subdivision, property backs up to property in question, and stated concerns that drainage will flow across his property.
(2) Bob Dodson, President of Memorial Drive Manor Civic Association, presented a formal protest of the replat that is supported by over 80% of the residents of the subdivision.
(3) Ed Holland, stated concerns regarding the lot which had the pipeline on it and was a house situated on that lot.
(4) Ronnie Samms, attorney representing the Memorial Drive Manor Civic Association, stated that the developer never replatted lots 40, 41, 42, and 43 in 1949 that they were done by deed, not by restrictions. The original lot had 200’ of frontage on the plat.
(5) Rhonda Cokinos stated that she agrees that the plat should be rejected.
Hearing no further comments, the public hearing was closed.
c. 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.
Don Fizer advised that both sides should submit legal briefs on their position more specifically addressing the violations and that they are valid and in effect.
A motion was made by Don Fizer with a second by Alice Kilgore to require both sides to submit written authorities to the Commission for consideration at the next regular Commission meeting and hear oral comments. The motion carried unanimously.
A request from the applicant to withdraw the plat was received and requested to be heard at the February 27, 2006 meeting.
The City Attorney advised that all statutory public notice requirements would have to be met again.
All briefs must be submitted by February 12, 2006 to the City Secretary (15 days before the meeting).
A motion was made by David Weaver with a second by Don Fizer to reject the replat as submitted for failure to submit in a timely manner for review by the City Engineer. The motion carried unanimously.
Adjournment
With no further business coming before the Commission, a motion was made by Alice Kilgore and a second by David Weaver to adjourn the meeting. The motion carried unanimously. The meeting adjourned at 8:40 p.m.
Respectfully Submitted,
Deborah L. Loesch, TRMC
City Secretary
These minutes were approved on the 23rd day of January , 2006.