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HomeMy WebLinkAboutPlanning and Zoning Commission-Minutes-10/27/2003 '1'J~n~ ~~ T..,O." PLANNING AND ZONING COMMISSION MEETING MINUTES - October 27,2003 CALL TO ORDER Chairman Wall called the meeting to order at 7 p.m. ROLL CALL Commissioners Bruce Kelly, Bob Culley, Earl Swift, Jeff Byerly, Mark Jones, and Jeff Wall were present. Commissioner Bud Sellers was absent. Clayton Husband, Chad Bartee, and Jan Levy from staff were present. INVOCATION The invocation was given by Commissioner Byerly APPROVAL OF MINUTES October 13, 2003 Commissioner Culley moved to approve the minutes of the October 13, 2003 meeting as corrected. Commissioner Kelly seconded the motion. The motion passed by unanimous acclamation. RECOGNITION OF OUTGOING MEMBERS There was none. SWEARING IN OF NEWLY APPOINTED MEMBERS There was none. ELECTION OF OFFICERS There was none. Clayton Husband made a statement regarding the status of the above three items. Mr. Husband explained that Mayor Hocutt vetoed City Council's latest appointments to the Planning and Zoning Commission and the current members will continue to serve their term until appointments are made. CITIZEN COMMENTS There was no comment. AGENDA ITEMS 1. Case P-03-029 - Minor Plat of O'Brien Addition, 2.0 acres located at 2001 Renfro Drive Clayton Husband presented the case to the Commission and reviewed the staff briefing. Commissioner Jones asked staff if there were any issues with the drainage on the property. Staff responded that a flood study is being done on the property to the north, Beldon Hollow, and the Chelsea Creek water shed. Staff said there is floOdplain on this property and the finished floor elevations are indicated on the plat. Planning & Zoning Commission Minutes - October 13, 2003 Page 10(6 (Draft Copy. October 2B, 2003) Commissioner Culley asked if the applicant is aware of the parkland dedication fee requirements and staff responded that they sent the applicant comments in writing. Commissioner Jones moved to approve the minor plat. Commissioner Culley seconded the motion. The vote being: Ayes: Kelly, Culley, Swift, Byerly, Jones, Wall Noes: None 2. Case P-03-028 - Preliminary Plat of Villas of Colleyville, 4.04 acres located at the northeast corner of Cheek Sparger Road and Steeplechase Drive Clayton Husband presented the case to the Commission and reviewed the staff briefing. He said the commissioners will have an opportunity to review the final plat when the applicant submits it. Commissioner Jones asked if the problems with drainage that were mentioned at the zoning change public hearing have been resolved. Staff said the developer's engineer has addressed all the issues and his proposed plan will alleviate most problems. Commissioner Culley asked the developer's engineer to explain the purpose and function of the detention pond. David Vilbig, 10132 Monroe Drive, Dallas, said the area will be used as a detention basin and is only approximately 2 'h feet to 3 feet deep at the deepest part. He said during heavy rains the basin will fill and empty in approximately ninety minutes, and it will look like a low spot in the area and not be a pond. Commissioner Culley said there were issues raised by the mosque representative at the zoning meeting. Mr. Vilbig said that representatives have met with people from the mosque. Chairman Wall said the representative from the mosque wanted the green belt to be moved closer to their property. Mr. Vilbig said if they decreased the width of the proposed green belt on the west side of the development, a beautiful pecan tree would have to be removed. He said the developer does not see a church located next to residential property as a problem. Commissioner Culley moved to approve the preliminary plat. Commissioner Byerly seconded the motion. Commissioner Culley said this is a great example of how a developer took the input from the neighbors and commissioners and came back with a good plan. Commissioner Jones said as the city goes toward build-out, there will become more properties that are difficult to develop and it will take more give and take by the developers and citizens to make it work. The vote being: Ayes: Kelly, Culley, Swift, Byerly, Jones, Wall Noes: None Planning & Zoning Commission Minutes - October 13, 2003 Page 2 of 6 (Draft Copy. October 28, 2003} Chairman Wall requested that staff begin including the PUD ordinances that are approved by City Council when PUD property is before the commissioners to consider a plat. 3. P-03-024 - Minor Plat of Lots 10, 11 & 13, Oak Knoll North Addition, 10.943 acres located at the north end of Cedar Gourt Clayton Husband presented the case to the Commission and reviewed the staff briefing. He explained that the only outstanding item was the applicant is requesting that the front building line on Lot 12 be established at 25 feet. He said the applicant's engineer has submitted a drainage study to the City and the study has been reviewed by the Engineering Department. He said the applicant was given a grading permit based on the drainage study, and the City has sent a GLOMAR, conditional letter of map revision to FEMA. Mr. Husband said staff is recommending approval subject to the setback being adjusted on Lot 12 and the commission is given that authority to grant waivers from building setbacks by the Land Development Code. Chad Bartee answered questions by the commissioners. He said the pond design is included in the drainage study and will have an impact on construction and not on the plat. He said there will be no negative impact on the drainage from the property into Southlake. Commissioner Byerly asked what special circumstances existed that a waiver from the front building line was requested. He said that the footprint of the house needs to be designed to fit the buildable area of the lot. Phil Salyer, applicant, was present to represent the case. He said that all of the issues have been resolved with the surrounding neighbors. He said his engineer met with the neighbors and redesigned the plan. Commissioner Gulley asked Mr. Salyer how he proposes to fit a house on Lot 12. Mr. Salyer said that the proposed house is 5,300 square feet in size and he explained the RE requirements and how the house will be twenty feet away from the LaHodas. He explained the location and amenities of the pond and how they plan on leaving the old red barn on the property. He showed the location of the other houses. Commissioner Culley moved to suspend the rules to allow public comment. Commissioner Jones seconded the motion. The vote being: Ayes: Kelly, Culley, Swift, Byerly, Jones, Wall Noes: None Those present wishing to speak were: Tom LaHoda, 7401 Jo Will Court, said that he initially had three issues with the plat and his first issue was drainage concerns and that has been addressed by the applicant. He said he is asking the City to follow the requirements in the Land Development Code regarding the drainage study approval process. He read the regulations from the Land Development Code and said a GLOMR, conditional letter of map revision, has been submitted and the City should Planning & Zoning Commission Minutes - October 13. 2003 Page 3 of 6 (Draft Copy - October 28, 2003) wait for a response from FEMA before allowing the property to be developed. He said the regulations need to be followed in order to assure the study is considered by an independent source. He said the pond is really a 2 Y2 acre lake. Mr. LaHoda said his other issue with the plat is the request for a variance from the front yard setback. He said he is a former member of the Zoning Board of Adjustment and it is difficult for him to see the hardship. He said land is static, but designing a home to go on the lot requires a dynamic design to fit on the lot. He said that a 25-foot front setback is not even allowed in the R20 zoning district and that kind of a setback is more like a villa type setback. He said his house would be fronted by this new home that will be 15-feet in front of his house. The commissioners entered into discussion about the position of Mr. LaHoda's house and the setbacks on Mr. LaHoda's property. Mr. Salyer presented the house plans to the commissioners and drew the location of the house on the lot on the overhead. Mr. LaHoda drew the approximate location of his house on the overhead. There was discussion about how difficult property becomes to develop as the City faces build-out. There was discussion about the landscaping design for the front of the house on Lot 12 and how there are no curbs and gutters along the cul-de-sac and how that adds to the appearance of farther setbacks. They discussed the width of pavement in relationship to setbacks. The commissioners discussed with staff the Land Development Code requirements for floodplains and asked if there is a possibility that FEMA would deny the CLOMR. Mr. LaHoda expressed a concern that the erosion in the lake may make the problems with drainage worse because there is less ground to absorb the water. He distributed pictures to the commissioners showing the extent of the water not being absorbed when it rains hard. There was no one else present wishing to speak and Chairman Wall closed the public hearing. Phil Salyer told the commissioners that the ponds and lakes are used for detention and overflow and have been designed to improve the flow of water in the area and make it better. He said his engineer designed the pond for detention and they will construct a spillway. There was discussion about how Mr. LaHoda's property is on higher ground than the lake. Mr. Salyer said he wouldn't break ground if FEMA wouldn't approve the plan. He explained how the cul-de-sac intrudes into the lot and he won't build anything that will stick out in front of another home. The commissioners and staff discussed the process for approval of the drainage study and how a building permit won't be issued until all changes that are recommended by FEMA are made. There was discussion about how this is an engineering department function and it would not be reviewed by the Planning and Zoning Commission unless FEMA alters the plat and the applicant needs to amend the plat. They discussed the merits of the plat and the proposed construction to the area. Commissioner Byerly raised concems about the neighbors not being notified of the proposed building line setback and how those requirements would be met if the setback issue was sent to the Zoning Board of Adjustment. There was discussion about the authority the Land Development Code gives the Planning and Zoning Commission to make those kinds of Planning & Zoning Commission Minutes - October 13, 2003 Page 4 of 6 (Draft Copy - October 28, 2003) adjustments when property is being platted. Commissioner Byerly said the question of setbacks was raised at the zoning hearing and the developer was aware of the difficulty of building within the buildable area allowed by the RE zoning district. He said the zoning should have been PUD-R so that the issues could have been worked out at time of zoning when neighbors were present to give input. There was discussion between the commissioners and staff about self created hardships and the authority of the Zoning Board of Adjustment and the Planning and Zoning Commission to grant variances. Commissioner Byerly recommended that the case be tabled and the surrounding property owners be notified of the waiver request so they could give feedback. Discussion followed about time line requirements for plats. Phil Salyer responded to questions by the commissioners about approving the plat without the waiver and he said it put a great hardship on him because of the way the land is narrow at the street then has the floodplain in the back. He said he tried to do what is best to bring estate type homes to the area that would improve the tax value and if the waiver was not considered, he would go back to R20 zoning and the houses could be closer together. Chairman Wall moved to approve the plat without the setback waiver. Commissioner Byerly seconded the motion. The commissioners entered into discussion about the reasons for either granting the waiver request of denying the waiver request. Chairman Wall withdrew his motion. Commissioner Swift moved to approve the minor plat with the front building line waiver. Commissioner Culley seconded the motion. The vote being: Ayes: Culley, Swift, Jones, Wall Noes: Kelly, Byerly, Chairman Wall said both sides were right and he voted in favor. He said he appreciates all sides coming before the commissioners and discussing the issues and there isn't a solution that serves both sides. He urged the developer and Mr. LaHoda to continue discussing the issues. 4. Discussion of the Master Plan Update: Clayton Husband informed the commissioners that a workshop is scheduled for the Southern Colleyville Boulevard area neighborhood on Thursday, October 30, 2003 at 7:00 p.m. at the Colleyville Center. 5. Staff Comments, Reports and Discussion Items: There were none. Planning & Zoning Commission Minutes - October 13, 2003 Page 50f6 (Draft Copy. October 28, 2003) 6. Commissioners' Comments and Reports: Commissioner Culley informed the commissioners that he would not be able to attend the next Planning and Zoning Commission meeting. He said he would like to thank staff, Barry, Clayton, and Jan, for the terrific job they've done in supporting the Commission in the two years that he's been on the Commission. Commissioner Culley said he didn't think he's ever enjoyed a civic duty more than serving on the Planning & Zoning Commission and he really loves the guys and gals who have served with him and he's really enjoyed serving with them. He said he wanted to say, "Thank you" for the privilege. Commissioner Jones said he would like to echo Commissioner Culley's comments, and he thanked the chairman for his leadership on the last issue. Chairman Wall said that while he was researching the City Charter and the Land Development Code and the Rules of Procedure he was reminded that during a Commission meeting the commissioners should not engage in individual conversations with any member of the public, being it a commissioner or a citizen, off to the side. He said he's listened to tapes of meetings lately and conversations overrun each other and they need to make sure that isn't happening. He said the commissioners' comments will be on the record and be clear and clearly understood if they follow that guideline. He said they need to make sure it is never perceived that there are private conversations going on about any cases being considered, and all in all, this is a great Commission. The Commission adjourned the meeting at 8:55 p.m, by acclamation. Respectfully Submitted, Jan Levy Planning & Zoning Assistant Approved on: Note: As a matter of public record, an audio recording of this Planning and Zoning Commission meeting is avaiiable upon request. Planning & Zoning Commission Minutes - October 13. 2003 Page 6 of 6 (Draft Copy. October 28,2003) cce$ 7'C:XiS& PLANNING & ZONING COMMISSION AGENDA BRIEFING Agenda Date: Subject: November 10, 2003 Z-03-o25 - Public Hearing - Zoning change from CC1 to CC2 with a Special Use Permit for Automobile Sales on lot 1, Block 1, Tutan Addition, located at 5311 Colleyville Boulevard STAFF REVIEW COMMENTS: Bank of the West is the owner of a 1.1-acre lot located on the east side of Colleyville Boulevard, just south of the intersection with Church Street. The applicant, Trent Harmon with Auto Buyers of Texas, proposes to use the property for the sale of used vehicles and the sale and installation of SUV and truck accessories. The applicant has submitted a zoning change request from CC1 to CC2 with a Special Use Permit to allow the proposed uses. The proposed uses are allowed in the CC2 district with a Special Use Permit. There are two buildings on the site. which was previously used as a flooring and tile store. The applicant proposes to use the front building as a sales office. The second building, located behind a fenced area, is proposed to be used for the sale and installation of SUV and truck accessories such as running boards, tool boxes, audio- visual equipment, and similar items. There are 16 parking spaces in the front of the property that would be used to display vehicles for sale. The applicant indicates that up to 40 vehicles could be parked on the rear portion of the property behind the fence. Detailed information from the applicant is included with this briefing. The surrounding property is commercial in nature. Properties to the north and south, and across Colleyville Boulevard, are zoned CC1, and the properties are used for commercial and institutional uses. Property to the east is zoned CC2 and is the proposed site for Lifetime Fitness. The following is an analysis of the major issues associated with this rezoning request. IMPACT ISSUES 1. Master Plan. The Co//eyvNfe Master Plan designates the future use of this area for commercial and retail type land uses. This request is consistent with the goals and objectives of the Master Plan. 2. Surrounding Properties. The surrounding properties are generally developed as commercial and retail properties. None of the surrounding properties are used for residential purposes. Agenda Item No. 1- Page 1