Sep 17, 2024 Planning & Zoning Commission

[*A portion of this meeting is without audio*]

[4.A. 10732 CR 1020 (Case 24-195): Hold a public hearing and consider a recommendation of approval for an ordinance for a zoning change request from “A” Agricultural to “SF16” Single-family dwelling district 16 for a proposed subdivision with minimum 16,000 square foot lots. (Staff Contact: Lidon Pearce, Principal Planner) ]

[00:01:27]

I WILL TRY THAT. ALL RIGHT.

THANKS. SORRY ABOUT THAT.

SO AS YOU MENTIONED, THIS IS A ZONING CHANGE REQUEST FROM A DEFAULTED A AGRICULTURAL TO A SINGLE FAMILY, 16,000 SQUARE FOOT DWELLING DISTRICT FOR A RESIDENTIAL SUBDIVISION REFERRED TO AS LEGACY HILLS.

I CAN SEE THE LOCATION ON YOUR SCREEN.

THE AREA IS BOUND IN THE NEON BLUE COLOR.

THE COMPREHENSIVE PLAN FOR THIS PARCEL IS NEIGHBORHOODS, AND IT'S CURRENTLY ZONED A AGRICULTURE.

SO IN THE NEIGHBORHOODS.

LIDON I'M SORRY, WE DON'T HAVE ANY VISUALS UP IN FRONT OF US.

NO, YOU'RE FINE THERE.

THEY'RE COMING. ALL RIGHT LIDON, SORRY ABOUT THAT.

NO. NO WORRIES AT ALL.

SO, ON YOUR SCREEN, YOU SHOULD SEE IF NOT ALSO ON THE SCREENS, ON THE WALLS SHOULD BE SIMILAR.

IS EVERYBODY, EVERYBODY'S GOOD? OKAY. SORRY ABOUT THAT.

SO, THIS AREA IS DESIGNATED AS NEIGHBORHOODS IN THE COMPREHENSIVE PLAN AND IS CURRENTLY ZONED A AGRICULTURAL.

SO WHAT THAT MEANS FOR YOU IS THE LAND IS ENTITLED TO A ZONING DESIGNATION.

AND ALSO, THE ZONING DISTRICTS THAT FALL UNDER THE NEIGHBORHOOD SECTION OF THE COMPREHENSIVE PLAN ARE SINGLE FAMILY ATTACHED.

SINGLE FAMILY, 7000 SQUARE FOOT DWELLING DISTRICT.

SINGLE FAMILY 10,000.

SINGLE FAMILY 16,000 AND SFE DWELLING DISTRICT.

THIS APPLICANT HAS REQUESTED TO REZONE TO THE SF 16, WHICH IS OUR NEXT TO OUR LARGEST ZONING DISTRICT.

MOST CITY LOTS ARE USUALLY 7 TO 10,000 SQUARE FOOT LOTS.

NOT ALL THOUGH.

SO WHAT THAT MEANS IS THIS WOULD BE A MINIMUM.

THESE ARE JUST MINIMUMS. SO THE LOTS WILL OBVIOUSLY VARY IN SIZE IS LARGER, BUT NO LESS THAN 16,000FT², WHICH IS ABOUT 0.37 ACRES.

APPROXIMATELY, THE DENSITY WOULD BE NO MORE THAN 2.3 DWELLING UNITS PER ACRE.

SO WHEN THEY SUBMIT A PLAT, WE LOOK AT HOW MANY LOTS ARE PROPOSED, AND THAT WILL MAKE SURE THAT THAT DENSITY DOES NOT EXCEED THAT NUMBER.

THE FLOOR AREA WHEN THEY COME IN FOR BUILDING PERMITS, SHOULD THE ZONING BE APPROVED, IS NO LESS THAN 1800 SQUARE FOOT SO THAT THEY COULD BUILD, YOU KNOW, 1800 UP TO TWO, THREE 4000FT² ON THE HOMES.

THEY MUST HAVE A DEPTH OF THE 25FT FOR THE FRONT YARD MINIMUM.

THEY COULD PUSH THOSE BACK FURTHER AND THEN TEN YARDS, TEN FEET FOR THE MINIMUM REAR YARD.

SIX FEET AS YOU SEE ON THE SCREEN FOR SIDE YARDS IF IT'S ADJACENT TO A SIDE STREET, SO THAT'S YOUR CORNER LOT.

SO THEY HAVE TO HAVE AT LEAST 15FT.

AND THEN THE MINIMUM LOT WIDTH IS 80FT AND THE DEPTH OF THE LOT IS 100FT.

SO THOSE ARE YOUR MINIMUMS. SO THEY COULD OBVIOUSLY MAKE THE LOTS DEEPER WIDER AND LARGER OVERALL, BUT NO LESS THAN THOSE NUMBERS.

WE DID POST A SIGN AND SEND OUT PUBLIC NOTICES AT THE TIME OF THE PRESENTATION AND THE AGENDA BEING POSTED, WE HAD RECEIVED NO FORMAL INQUIRIES OR OPPOSITION.

[00:05:05]

STAFF'S RECOMMENDATION IS THAT THIS LAND USE 16,000 SQUARE FOOT MINIMUMS DOES ALIGN WITH THE COMPREHENSIVE PLAN, AND BASED OFF THAT, WE RECOMMEND APPROVAL OF THE ZONING CHANGE. I AM HERE FOR ANY QUESTIONS AS WELL AS THE APPLICANT AS PRESENT, AND THE AUDIENCE IF YOU HAVE ANY QUESTIONS OF HIM.

I WOULD JUST STATE THIS AT THE ZONING PHASE.

SO, STAFF HASN'T RECEIVED AT THIS TIME ANY PLATS OR ANY ENGINEERING SUBMITTALS.

SO ANY LAND THAT'S ENTITLED STILL HAS TO GO THROUGH THE PLANNING PROCESS.

THEY'LL STILL HAVE TO GO THROUGH THE ENGINEERING REVIEWS.

SO A LOT OF TIMES WHAT YOU SEE IS ALTHOUGH LAND MAY BE ZONED, IF THE ENGINEERING DOESN'T MEET THE ZONING, YOU KNOW, IT HAS TO MEET ALL THOSE THINGS STILL.

SO. AND I WILL ANSWER ANY QUESTIONS THAT YOU HAVE.

ALL RIGHT. THANKS LIDON. I WILL OPEN THE PUBLIC HEARING AT 6:07 P.M.

AND OPEN IT UP FOR ANYONE IN THE AUDIENCE THAT WOULD LIKE TO SPEAK ON THE ITEM.

IF ANYONE.

YES, SIR. YEAH.

YOU CAN STEP UP TO THE PODIUM.

GOOD EVENING ALL. MY NAME IS BRAD HOLMES.

I'M A HOMEOWNER IN THE PRAIRIE TIMBER SUBDIVISION.

A COUPLE OF QUESTIONS.

HAS THERE BEEN A ROAD DESIGNATED FOR THE TRAFFIC TO GO IN AND OUT OF THIS NEW AREA, AND HAS THERE BEEN ANY REVIEW TAKING A LOOK AT WHEN HEAVY RAINS COME, HOW THE WATER IS CARRIED AWAY FROM IT, BECAUSE WE GET WHEN WE GET THE BIG RAINS, THE WHOLE AREA HAS, YOU KNOW, TORRENTIAL RIVERS RUNNING DOWN IT, SO I CAN ANSWER THAT IF IT'S ALL RIGHT WITH THE COMMISSION.

SO THIS IS JUST ENTITLEMENT OF THE LAND, THE ZONING.

SO PRIOR TO ANY DEVELOPMENT, THEY'LL HAVE TO HIRE ENGINEERS THAT WILL SUBMIT STUDIES AND THEN STAFF WILL REVIEW THOSE AS A THIRD PARTY.

THEY'LL HAVE TO PLAT. SO ALL THOSE ENGINEERING REVIEWS AS FAR AS IS THE TRAFFIC COUNT GOING TO REQUIRE IMPROVEMENTS TO THE ROAD? IS IT GOING TO REQUIRE LIGHT? WHAT MITIGATIONS FOR DRAINAGE AND RUNOFF? ALL THOSE STUDIES WOULD COME AFTER THIS PRIOR TO DEVELOPMENT.

SO GENERALLY THOSE COME WITH A PLATING PHASE, ZONING FOR US IN THE STATE OF TEXAS.

THEY JUST HAVE TO ESSENTIALLY SAY, I HAVE LAND.

I WOULD LIKE TO DEVELOP IT.

I HAVE SUBMITTED A REQUEST FOR THE METES AND BOUNDS, AND WE PROVIDE THAT PROPOSAL TO PNC AND CITY COUNCIL.

BUT THERE'S NO REQUIREMENT AT THIS STAGE FOR THOSE TO HAVE THOSE STUDIES, BUT THEY WILL BEFORE THEY COULD DEVELOP IF THE ZONING IS GRANTED.

SO A LOT OF TIMES SOMEONE'S NOT GOING TO GO SPEND 50 $60,000 FOR THOSE STUDIES IF COUNCIL IS NOT GOING TO GRANT THEM THE ZONING.

SO THE FIRST STAGE IS TO SEE, CAN I EVEN GET THE ZONING FOR MY PROJECT? AND THEN BEFORE THE NEXT STAGE IS ALL THOSE STUDIES, THAT'S CAN I ACTUALLY PHYSICALLY DO THE PROJECT? AND THEN IF ALL THE ENGINEERING IS CHECKED AND AGREES, AND THEN THE CITY BUYS OFF ON THE ENGINEERING AND CHECKS AND IT ALSO AGREES, THEN THEY CAN MOVE FORWARD WITH THE DEVELOPMENT. OKAY.

AND THEN A FOLLOW UP QUESTION TO THAT, THE AREA THAT HAS THE PIPELINE GOING THROUGH IT IS OUTSIDE OF THAT DEVELOPMENT AREA.

SO WE HAVE NOT I HAVE NOT SEEN A PLAT AND I'M NOT I'LL BE HONEST, I'M NOT A SURVEYOR.

SO I HAVEN'T GONE OUT AND PERSONALLY SURVEYED OR LOOKED AT THOSE EASEMENTS.

WHEN THEY SUBMIT A PLAT, ALL THOSE ARE REQUIRED TO BE SHOWN ON THE EASEMENT.

I DO BELIEVE THAT THAT IS OUTSIDE OF THE PROPERTY, BUT I HAVEN'T HAD A SUBMITTAL YET FOR THAT.

OKAY. THANK YOU VERY MUCH.

YES, SIR. THANK YOU.

IS THERE ANYONE ELSE IN THE AUDIENCE THAT WOULD LIKE TO SPEAK? IF NOT, I'LL GO AHEAD AND TURN IT OVER TO THE COMMISSION FOR ANY QUESTIONS.

COMMENTS? LIDON CAN YOU TAKE THE SLIDE BACK TO YEAH. GOOD EVENING.

I'M RAYMOND BLAKE, RESIDENT OF PERRY TIMBER.

I KNOW WE HAVE IT ON THE GRAPHS UP THERE.

IT DID SHOW A MINIMUM OF SETBACKS.

25FT, I THINK, WAS IN THE REAR AND A DEPTH IN THE FRONT.

HOW THAT WILL COMPLEMENT PERRY TIMBER ESTATE, WHERE WE HAVE ACRE LOTS BACK THERE WITH 80FT IN THE FRONT AND A LOT MORE IN THE BACK THAN THE MINIMUM.

SO, YOUR SUBDIVISION HAS ITS OWN ZONING ENTITLEMENTS TO HAVE MINIMUM SETBACKS.

THESE ARE JUST THE MINIMUM.

SO YOUR MINIMUM SETBACKS IN YOUR SUBDIVISION I BELIEVE ARE ALSO THEY'RE NOT 80.

NOW, IF THE DEVELOPER DECIDES TO PUSH THE HOUSES FURTHER BACK FOR THE ESTHETICS OF THEIR SUBDIVISION, THEN THEY'RE ENTITLED TO DO THAT.

[00:10:08]

SO, A LOT OF TIMES WHAT WILL HAPPEN IS THE APPLICANT WILL COME IN AND SAY, I INTEND TO DO 24,000 SQUARE FOOT LOTS, BUT WE DON'T HAVE A ZONING DISTRICT FOR EVERY ITERATION OF 2000 OR 4000.

SO THIS IS THE CLOSEST ONE TO THAT.

HE MAY DECIDE THAT HE'S GOING TO PUSH ALL HIS HOUSES 50FT FROM THE FRONTAGE TO GIVE A CERTAIN ESTHETIC LOOK.

THIS IS JUST OUR BASELINE ZONING STANDARDS THAT ARE IN OUR ORDINANCES.

SO, HIS DEVELOPMENT IS NOT A PART OF PRAIRIE TIMBERS.

THAT'S SOMETHING THAT DEFINITELY THE COMMISSION AND THE COUNCIL CAN LOOK AT.

HOW DOES THIS FIT INTO THE CHARACTERISTIC? BUT YOU KNOW, WE'RE TALKING ABOUT ENTITLEMENT FOR HIS PROPERTY.

NOT NECESSARILY COMPLETELY RELATED TO THE ENTITLEMENTS ON THE ZONING THAT YOUR SUBDIVISION HAS.

YOUR SUBDIVISION PROCEEDED WITH A PLANNED DEVELOPMENT WHICH WAS NOT A BASE ZONING DISTRICT.

SO IT HAS DIFFERENT STANDARDS THAN WHAT THE CITY CODE ORDINANCES HAVE.

AND THIS IS NOT A PLAN DEVELOPMENT.

NO, SIR. OKAY.

THIS IS THIS IS JUST A BASELINE.

HE HAS A DEFAULT AT AG, AND HE'S REQUESTING A NEIGHBORHOODS CATEGORY ZONING DISTRICT TO DEVELOP THIS PROPERTY.

AND THESE ARE THE MINIMUM STANDARDS THAT OUR CODE ORDINANCES HAS FOR THE REQUESTED DISTRICT.

OKAY. THANK YOU. YES, SIR.

ANYONE ELSE FROM THE AUDIENCE? WHO IS OUR DEVELOPER? MR. ALLEN IS IN THE AUDIENCE.

OKAY, WE MIGHT HAVE SOME QUESTIONS FOR HIM.

ALL RIGHT.

DAVID, I THINK YOU WERE.

THIS IS A QUESTION FOR YOU.

YES, SIR. ON THAT SLIDE, HOW DOES THE MATH WORK? WITH THE MINIMUM OF 80FT WIDE AND 100FT DEEP.

THAT'S ONLY 8000FT² WITH THE 16,000 SQUARE FOOT MINIMUM LOT SIZE.

YES, I AGREE THAT THAT IS ONLY 8000.

SO WHAT THAT MEANS IS HE COULD DO A 80 FOOT WIDE LOT WITH A 200 FOOT.

THAT'S JUST MINIMUM. BUT HE HAD TO HAVE A 200 FOOT DEPTH.

YES. SO WE DON'T TELL THEM YOU HAVE TO DO IT.

I COULD DO THE MATH AND SAY IT'S GOT TO BE 112 TIMES 112.

BUT WE TRY TO GIVE SOME FLEXIBILITY TO THE DEVELOPER.

SO HE WOULD HAVE TO GO 80 BY 200.

OR HE COULD GO HE COULD GO 120 WIDE AND 108 DEEP.

THAT'S JUST THE MINIMUM.

WHAT WE DON'T WANT IS THEM TO HAVE LIKE A TEN FOOT WIDE LOT AND IT TO BE YOU KNOW, 1600 FEET DEEP.

SO WE HAVE SOME MINIMUM WIDTHS TO KIND OF SPACE, YOU KNOW, DRIVEWAYS AND STUFF.

BUT WHEN HE ACTUALLY LAYS THIS OUT ON THE PLAT, DEPENDING ON THE TOPOGRAPHY, WHERE THE FLOODPLAIN FALLS, WHERE MAYBE THERE'S DIFFICULT TERRAIN OR HERITAGE TREES THAT HE WANTS TO PRESERVE FOR THE CHARACTERISTICS.

HE MAY CHOOSE TO DO SOME LOTS AT 90 BY 180, AND THEN SOME AT 150 BY 112.

HE'LL HAVE SOME FLEXIBILITY IN HOW HE LAYS THOSE OUT, BUT HE CAN'T GO LESS THAN 80 AND 100.

THANK YOU. YES, SIR.

ANYONE ELSE ON THE COMMISSION HAVE ANY QUESTIONS? YES, SIR. GOOD EVENING.

MY NAME IS ZACH ATTERBURY.

I AM ALSO A RESIDENT OF PRAIRIE TIMBERS.

MINE'S KIND OF A UNIQUE QUESTION.

YOU'VE ANSWERED A LOT OF THEM TODAY, SO I APPRECIATE YOUR TIME.

WILDLIFE CONSIDERATION.

I'D LIKE THE COUNCIL TO AT LEAST CONSIDER WILDLIFE CONSIDERATION IN THIS AREA.

WE HAVE, YOU KNOW, AT LEAST 50 TO 80 HEAD OF TURKEY OUT THERE.

WE HAVE DOZENS OF DEER.

WE DO A DEVELOPMENT LIKE THIS.

WHAT'S IT GOING TO DO TO THE WILDLIFE? I KNOW A LOT OF PEOPLE DON'T CARE ABOUT THAT.

A LOT OF PEOPLE DON'T THINK ABOUT THAT.

IT'S AN OFF TOPIC DEAL, BUT I JUST WANT TO CONSIDER THAT AS WELL WHEN WE'RE TALKING DEVELOPMENT.

WHERE DO THESE WHERE DOES THIS WILDLIFE RELOCATE TO? DOES IT BECOME NOW A HAZARD ON MAJOR ROADS, NEIGHBORING ROADS? YOU KNOW, A LARGE DEVELOPMENT OF, WHAT, 2200 HOMES JUST DOWN THE ROAD AT 1020 WAS JUST DEVELOPED, WHICH PUSHED A LOT OF WILDLIFE OUT.

I'M NOT A WILDLIFE ACTIVIST OF ANY KIND, BUT I JUST WANT IT TO BE POTENTIALLY CONSIDERED WITH IT.

I'M NOT SAYING DON'T DO THE DEVELOPMENT, BUT I'M JUST SAYING I THINK SOME CONSIDERATION NEEDS TO BE OUTSIDE THE BOX AS WELL.

OKAY. THANK YOU SIR.

I APPRECIATE THAT VIEW ON IT.

ALL RIGHT. ANYONE ELSE IN THE AUDIENCE HAVE ANY WORDS? COMMISSION. ALL RIGHT.

IF THAT'S THE CASE, I'LL CLOSE THE PUBLIC HEARING AT 6:16 P.M., AND I WILL ENTERTAIN A MOTION FROM THE COMMISSION.

[00:15:04]

I'LL SECOND. IS THAT A MOTION TO APPROVE? MOTION TO APPROVE.

AND I'LL SECOND.

OKAY. WE HAVE A MOTION TO APPROVE BY CLIFF AND A SECOND BY BILL.

ALL IN FAVOR, PLEASE RAISE YOUR HANDS.

LOOKS LIKE WE HAVE ONE, TWO, THREE, 8 TO 1.

SO THAT DOES PASS.

ALL RIGHT.

I'M MOVING ON TO SECTION FIVE.

THERE ARE NO REPORTS AND PRESENTATIONS, NO GENERAL ITEMS, NO COMMUNITY INTEREST ITEMS, NO EXECUTIVE SESSION.

WE'LL ADJOURN THE MEETING AT 6:17 P.M..

* This transcript was compiled from uncorrected Closed Captioning.