2001-06-18 CC MinutesCITY OF FARMERS BRANCH
CITY COUNCIL MEETING
JUNE 18, 2001
CITY HALL
13000 WILLIAM DODSON PARKWAY
FARMERS BRANCH, TEXAS
9:30 A.M.
The following members of the City Council were present:
Mayor
Mayor Pro Tem
Councilmembers:
Member of the City Council not present was:
Councilman
The following members of City Staff were present:
City Manager
City Attorney
Assistant City Manager
Assistant City Manager
Director of Planning
Building Official
City Secretary
Bob Phelps
Calla Davis
Charlie Bird
Bill Moses
Paul Walden
Jim Robbs
Richard L. Escalante
John Boyle
John Burke
Linda Groomer
Michael Spicer
Jim Olk
Cindee Peters
CONSIDER ADOPTION OF ORDINANCE NO. 2617 ESTABLISHING A
MORATORIUM ON THE ISSUANCE OF BUILDING PERMITS IN ANY
RESIDENTIAL ZONING DISTRICT FOR THE CONSTRUCTION, CONVERSION
OR ALTERATION OF CERTAIN GARAGES AND TAKE APPROPRIATE ACTION.
Mayor Phelps opened the meeting at 9:30 a.m.
Mayor Phelps stated it has come to the attention of the City Council that the Zoning
Ordinance allows the construction or conversion of certain types of garages in residential
zoning districts that may have an adverse impact on those districts. A moratorium is the
only action available to Council to prohibit the issuance of additional building permits to
construct or alter garages until the issue can be adequately studied and the Zoning
Ordinance amended if determined to be necessary.
Volume 86, page 84
Ordinance No. 2617 establishes such a moratorium through September 10, 2001. While
the moratorium is in effect the Planning and Zoning Commission will study the issue and
make a recommendation to the City Council.
Ms. Dorothy Pascher, 14270 Coral Harbor, explained that the resident at 3441 Pebble
Beach built a garage facing the front yard. Ms. Pascher stated she bought in Farmers
Branch because there was such diversity in housing. Ms. Pascher explained that homes
in her area have rear entry garages. Ms. Pascher feels the new garage at 3441 Pebble
Beach has now changed the area forever. Ms. Pascher feels the front facing garage will
affect property values and asked that the City Council enact this moratorium to prohibit
front yard garages and preserve the integrity of homes in her area.
Ms. Phillips Moffett, 3505 Pine Tree Circle, stated she could have lived anywhere but
chose Farmers Branch. Ms.Moffett felt that front yard garages appear to make the house
look smaller. Ms. Moffett stated her neighbor, Ms. Trish Gustafson of 3463 Pine Tree is
too ill to attend this meeting, but submitted a letter for the record opposing garages in the
front yard. Mayor Phelps read Ms. Gustafson's letter into the record.
Mayor Phelps asked if there were any deed restrictions for the area prohibiting garages in
the front yard.
Ms. Pascher explained she has looked through her deed restrictions and there is no
provision to prohibit garages in the front yard.
Mayor Pro Tem Moses asked how often the area homeowners association meets.
Ms. Pascher and Ms. Moffett stated there is not an official homeowners association.
City Attorney John Boyle explained the City Council has a right to issue this moratorium
and the time limit was reasonable.
Mr. Escalante stated the Planning and Zoning Commission will hear this issue and report
back to the City Council. Mr. Escalante stated a new provision on front yard garages
does not have to effect the entire City, and staff could develop a creative way to limit
them in different zoning districts.
Mayor Phelps asked if any other residents would be affected by this moratorium.
Mr. Jim Olk stated another resident at the corner of Pebble Beach and Coral Harbor has a
request for variance before the Zoning Board of Adjustment to construct a new garage
with an approach off of Coral Harbor.
Mayor Phelps asked if that request would be considered to be in the front.
Mr. Olk replied it would be considered in the front.
Volume 86, page 85
Mr. Escalante stated staff should contact the Zoning Board of Adjustment and advise
them of the moratorium.
Mr. Olk replied they would contact the members of this board.
Councilman Bird asked if the owner of the newly constructed front yard garage could be
asked to tone down the color of the garage door. Councilman Bird stated the white
garage door was very noticeable.
Mr. Olk stated staff could certainly contact the resident and request a more toned down
color; however, there is no ordinance provision to prohibit white.
Councilman Walden stated that front yard garages do not enhance this neighborhood.
Councilman Bird asked if all four residents present at this meeting were in favor of the
moratorium.
All four residents indicated with a show of hands they were in favor of the proposed
moratorium.
A motion by Councilman Bird, a second by Councilman Walden, all voting "aye",
adopted the following captioned Ordinance No. 2617 enacting a moratorium on the
issuance of building permits for certain garage construction and conversions to remain in
effect through September 20, 2001.
AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS,
ESTABLISHING A MORATORIUM ON THE ISSUING OF ANY BUILDING
PERMIT IN ANY RESIDENTIAL ZONING DISTRICT THAT PROPOSES TO
CONSTRUCT, ALTER, CONVERT OR MODIFY THE APPRAOCH OR
TENTRANCE TO A GARAGE, CARPORT OR OTHER VEHICULAR
STORAGE STRUCTURE; TAKING EFFECT JUNE 18, 2001 AND
REMAINING IN EFFECT THROUGH SEPTEMER 10, 2001.
MAYOR PHELPS ANNOUNCED THAT THE ITEMS ON THE AGENDA FOR THE
EXECUTIVE SESSION WOULD BE DISCUSSED AT THIS TIME. MAYOR
PHELPS EXPLAINED THE CITY COUNCIL CONVENED INTO EXECUTIVE
SESSION AT 10:00 A.M. AND CONCLUDED AT 10:12 A.M. TEXAS
GOVERNMENT CODE CHAPTER 551 OF THE OPEN MEETING LAW PROVIDES
THAT SUCH ITEMS AS PERSONNEL MATTERS, LAND ACQUISITION AND
PENDING AND CONTEMPLATED LITIGATION MAY BE DISCUSSED IN
CLOSED SESSION.
Executive Session
Discuss Personnel Matters - Texas Government Code Section 551.074.
Volume 86, page 86
a. Discuss performance and/or evaluation of the City Manager.
Mayor Phelps explained the City Manager was present to discuss this item with the City
Council.
Consider Necessary Action on Items Discussed in the Executive Session.
Mayor Phelps stated the City Manager updated the City Council and no action was
necessary.
ADJOURNMENT.
The meeting o June 18, 2001 adjourned at 10:13 a.
Mayor Bob Phelps( City Secretary Cindee Peters
f
Volume 86, page 87