HomeMy WebLinkAboutPlanning and Zoning Commission-Minutes-7/14/2003
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PLANNING AND ZONING COMMISSION
MEETING MINUTES - July 14,2003
CALL TO ORDER
Vice Chairman Jones called the meeting to order at 7 p.m.
ROLL CALL
Commissioners Bruce Kelly, Bob Culley, Earl Swift, Jeff
Byerly, and Mark Jones were present.
Commissioners Jeff Wall & Bud Sellers were absent.
Barry LeBaron, Clayton Husband, Jeff Jones and Jan Levy
from staff were present.
INVOCATION
The invocation was given by Commissioner Kelly.
PLEDGE OF ALLEGIANCE
APPROVAL OF MINUTES
June 9, 2003
Commissioner Culley moved to approve the minutes as written. Commissioner Swift
seconded the motion. The motion passed by unanimous acclamation.
CITIZEN COMMENTS
There was none.
AGENDA ITEMS
1. Case Z-03-013 - PUBLIC HEARING - Zoning Change from AG to CC1 Village Retail on
0.50 acres located at 5313 Pleasant Run Road
Clayton Husband presented the case to the commissioners and reviewed the staff briefing.
Vice Chairman Jones opened the public hearing. Those present wishing to speak were:
Bob Davis, applicant, spoke in favor of the case and told the commissioners that the purpose
of the zoning change was to make the property more marketable. He said the property is
listed by Ebby Halidy Realtors. Mr. Davis said he visited with the Baptist Church officials and
they did not express an interest in purchasing the property.
The public hearing was closed.
Commissioner Culley said it appeared that the owner has done the due diligence necessary for
the zoning change.
Commissioner Kelley moved to recommend approval of the zoning change to CC1.
Commissioner Culley seconded the motion. The vote being:
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Minutes - July 14, 2003
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Approved on July 28, 2003
Ayes: Kelly, Culley, Swift, Byerly, Jones
Noes: None
2. Case Z-03-014 - PUBLIC HEARING - Amendment to Ordinance 0-02-1370 (PUD-C) on
Lot 1, Block 1 Highway 26 Industrial Addition, located at 6804 Colleyville Boulevard
Clayton Husband presented the case to the commissioners and reviewed the staff briefing.
Commissioner Kelly asked questions about the fire sprinkler requirement. Fire Marshall Jeff
Jones responded this applicant is difference from the applicant who requested the original
SUP because they plan to use the building as a paint and body shop.
Commissioner Jones commented that there was a compelling reason for previous approval of
a SUP for the Stowes as they are long time residents of Colleyville. There was discussion by
the commissioners about the cedar screen fence, and potential sales taxes associated with a
paint and body shop.
Vice Chairman Jones opened the public hearing. Those present wishing to speak were:
Stephen Little, applicant, said the owner of the building is a long term Colleyville resident. He
said the property is zoned ML and the paint and body shop will be set back away from existing
businesses. He said the cedar screen fence is on the rear of the property. He told the
commissioners that he has received inquires from other businesses wanting to lease the
building, like a roofing repair business, a contractor who needed outside storage, and a dance
recital hall. He said the paint and body shop would be the best use for the building and the
prospective tenant is a Colleyville resident and will sign a three year lease. Mr. Little said the
SUP will expire in three years.
There was no one else present wishing to speak and Vice Chairman Jones closed the public
hearing.
Commissioner Culley said he does not know the prospective owner of the paint and body
shop, but he has heard that he helps in the community by working the Chamber of Commerce
and is the type of person who wants to be a good neighbor and work with the community.
Commissioner Byerly said he would entertain discussion on what is the description of a
"vehicle awaiting repair". There was discussion about what types of vehicles could be
restricted or if the provision can be more clearly defined. It was determined that the City has
regulations regarding storage of junk vehicles and can enforce those regulations.
Fire Marshall Jones told the commissioners that the applicant will work with the City regarding
screening and the access of emergency vehicles.
Commissioner Swift recommended approval of the amendment to the Special Use
Permit. Commissioner Kelly seconded the motion. The vote being:
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Minutes - July 14, 2003
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Approved on July 28, 2003
Ayes: Kelly, Culley, Swift, Byerly, Jones
Noes: None
3. Case Z-03-015 - PUBLIC HEARING - Zoning Change from AG to PUD-C on 4.307 acres
located at 6521 Colleyville Blvd.
Barry LeBaron presented the case to the commissioners and reviewed the staff briefing.
There was discussion about item #6 in the staff briefing being broader than what is in the PUD-
C and how that statement needs to be deleted.
Commissioner Culley said the recreational vehicle storage appears to be next to residential
homes. He said the ordinance has a 40' setback for buildings and temporary use setbacks are
not included in the ordinance.
Vice Chairman Jones opened the public hearing. Those present wishing to speak were:
Janice Hodges, 805 Beverly Drive, represented the case to the commissioners. She said her
husband Craig worked with Mr. Jackson, the original owner, at this location in 1986. She said
the purpose of the PUD is to bring the current uses into compliance. Ms. Hodges told the
commissioners that they currently employ three mechanics and she is also on staff. She said
they have a small U-haul franchise and allow a couple of people to park their recreation
vehicles on the property. She said they removed the junk vehicles and they have mowed the
property. Ms. Hodges said they are in need of extra sources of income and they are willing to
keep the recreation vehicles 10' away from the property line and can plant bushes.
There was discussion with the applicant and commissioners about the residence on the
property being leased to a man who owns a construction business; potential security plans for
the RV storage; the maintenance of the surface parking areas; landscaping; security lighting;
and the need to meet with the neighbors in Ross Downs.
Kenneth McEntire, 6608 Baker Court, spoke in opposition to the case. He said the RV
vehicles have never been parked 10' away from the fence, but are parked up against the
fence. He said he knew the auto repair business was there before they purchased their house,
but there should not have been any increase in the use. Mr. McEntire responded to the
commissioners questions and said he would want landscaping and barriers. There was
discussion about what kinds of barriers and what the current condition of the fencing that is
there now. They discussed putting controls into the zoning that provides for setbacks from
property lines, landscaping, security lighting, access, and parking areas. Mr. McEntire said
there are areas that are not being mowed and the City needs to enforce what is going on now.
Dave Dudziak, President of the Ross Downs HOA, 2301 Wilkes Court, spoke about the last
rezoning request considered for the property and how the HOA was eventually in favor of that
project. He said this request is not well defined and any business in the area needs to try to
achieve the standards Colleyville expects. He said there are too many outstanding issues
such as the parking of vehicles. He said the previous development considered on the property
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Approved on July 28, 2003
was going to meet a setback of 30 to 40' and he wants to see more work done on this current
project.
Greg Flowers, 6614 McMakin Court, spoke in opposition. He expressed concerns about the
planning for the site being too broad. He said there could be problems associated with the
noise, the lighting, the number of vehicles parked close to Ross Downs, and polluted run off.
He said he can see the tops of vehicles from his yard, there is high grass, and the property is
not being maintained. Mr. Flowers said the planning sounds too haphazard and he wants
buffer areas and hard surfaced parking area. He said they need to do something better.
Jim Graham, 6616 McMakin Court, said that 40% of the Hodges property backs up to his lot.
He said the plan is not well thought out and this zoning change will legitimize a business that
does not qualify under current standards and will lower home values. He said the City has not
followed through on cleaning up the property, the dumpster smells, there is a mosquito
problem, high grass, drainage issues, and large amounts of lost top soil due to the runoff
because the asphalt has been poured up to the fence. Mr. Graham said that the Hodges
property is approximately 5' to 6' higher than the Ross Downs lots and the needed pavement
for the RV storage will increase the runoff.
Ann Mooney, 404 Oak Valley, said she has known the applicant for 20 years and she does not
see garbage and overgrown grass. She said the City needs to keep the business open and
the business was there long before the residents in Ross Downs moved in.
Jim Graham spoke again saying when Ross Downs was developed years ago only Hodges
Automotive was on the property along with horses. He said he has issues with the City
allowing other businesses to operate on the property.
Connie Hampton, 5804 Pleasant Run Road, said she is Craig Hodges' mother-in-law and
Craig has worked hard and supports his family without having to be on welfare because of his
disability. She told how Craig helps out the senior citizens in Colleyville by working on their
cars with being honest and charging fair prices. She said he has tried to work with cleaning up
the property and people did not complain until the last zoning change was filed on the property.
She said they were not planning on having a big operation for the RV storage.
Jim Hampton, 5804 Pleasant Run Road, said that he worked as a volunteer fire fighter years
ago for the City of Colleyville and the people in Ross Downs are living on top of buried trash,
horses, and equipment, so they shouldn't be so excited about pollution.
The public hearing was closed.
Commissioner Culley asked staff what businesses should be included regarding the
grandfather clause. Barry LeBaron explained about non-conforming businesses and the
relationship to the adoption of the Zoning Code in 1978. He explained how he has worked with
Craig Hodges and spoke about the enforcement measures that the City has taken.
Commissioner Swift asked what would happen if the zoning change request was not approved.
Staff responded that the debate would continue about non-conforming businesses and it will
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Approved on July 28, 2003
be difficult to identify what uses will continue. There was discussion about the issues that were
worked out on the last zoning change requested on the property because of the history of
neglect, and how this new request is too vague.
[NOTE: The Vice Chairman called for a 5 minute recess. The commissioners returned after a
5 minute break and discussion of the zoning change request was continued.]
The commissioners entered into discussion about the vagueness of the request and said they
would like to see the number and location of surfaces planned for the RV storage, a
maintenance plan for the property, security lighting plan, safety concerns addressed, and the
concerns of the citizens need to be addressed in order to maintain the values of their
properties. It was suggested that the cost of replacing the fence along Ross Downs could be a
shared expense.
Commissioner Byerly said this is not the best use for the property, but it is already there and
the argument will continue. He suggested adding some restrictions to the PUD-C ordinance.
Commissioner Culley moved to recommend denial of the zoning change request based
on the grounds that a compromise needs to be made. Commissioner Swift seconded
the motion. The vote being:
Ayes: Kelly, Culley, Swift, Byerly, Jones
Noes: None
4. Case Z-03-016 - PUBLIC HEARING -Amendment to the Land Development Code
regarding the Sign Board of Appeals
Barry LeBaron presented the case to the commissioners and reviewed the staff briefing.
Commissioner Culley asked if staff has received any feedback from the Zoning Board of
Adjustment members. Staff responded that they spoke to the members a while back and they
recently mailed the Planning and Zoning Commission briefing to them.
Commissioner Swift asked if there are other communities who have assigned the tasks to
another Board. Barry responded that in small communities it is not unusual to have boards
consider other items than land variances, especially when there is a low case load.
Commissioner Culley suggested waiting to get feedback from the Zoning Board of Adjustment
members and Commissioner Swift said that perhaps they are over-intellectualizing the matter.
Commissioner Culley moved to table the item. Commissioner Byerly seconded the
motion. The vote being:
Ayes: Kelly, Culley, Byerly, Jones
Noes: Swift
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Approved on July 28, 2003
5. Discussion of the Master Plan Update:
Staff said they would poll the commissioners as to what date they could all attend the last
Master Plan Workshop.
6. Staff Comments, Reports and Discussion Items: There were none.
7. Commissioners' Comments and Reports: There were none.
ADJOURNMENT
The Commission adjourned the meeting at 8:50 p.m. by acclamation.
Respectfully Submitted,
Approved on: July 28,2003 as written.
Note: As a matter of public record. an audio recording of this Planning and Zoning Commission meeting is
available upon request.
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Minutes - July 14,2003
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Approved on July 28, 2003