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HomeMy WebLinkAboutPlanning and Zoning Commission-Minutes-6/14/2004 .~ Texas PLANNING AND ZONING COMMISSION MEETING MINUTES - June 14, 2004 CALL TO ORDER ROLL CALL Chairman Byerly called the meeting to order at 7:00 p.m. Commissioners Bruce Kelly, Earl Swift, Jeff Byerly, Dave Dudziak and Luann Edwards were present. Barry LeBaron and Clayton Husband from staff were present. Ross Foster, City Attorney was present. INVOCATION The invocation was given by Commissioner Swift. APPROVAL OF MINUTES Commissioner Kelly moved to approve the minutes of the May 24, 2004 meeting. Commissioner Edwards seconded the motion. The motion passed by a unanimous vote. ELECTION OF OFFICERS Commissioner Swift nominated Jeff Byerly to remain as Chairman. There being no other nominations, Jeff Byerly was elected Chairman by a unanimous vote. The Commission passed over the election of Vice-Chairman until after the upcoming appointments take place. CITIZEN COMMENTS None AGENDA ITEMS 1. Case P-04-021 - Preliminary Plat of Tuscany, 9.57 acres located at 5850 Colleyville Boulevard Clayton Husband presented the case to the Commission and reviewed the staff briefing. Commissioner Kelly asked if the amount of open space complied with the PUD ordinance. Mr. Husband stated that it did comply. Commissioner Dudziak asked if the percentage of open space could be changed with the approval of the plat. Mr. Husband stated that the open space requirement is established in the PUD ordinance. Commissioner Edwards asked about the water system being looped. Commissioner Dudziak asked about the right- Planning & Zoning Commission Minutes -June 14, 2004 Page 1 of 5 of-way dedication meeting the standards of the future widening of Colleyville Boulevard. Mr. LeBaron stated the developer is dedicating an additional fourteen feet, which meets the requirements of TXDOT. Motion by Commissioner Kelly to approve the preliminary plat. The motion was seconded by Commissioner Swift. The motion was approved by the following vote: Aye: Kelly, Swift, Byerly, Edwards Nay: Dudziak 2. Case P-04-022 - Replat of Lots 10R1 and 10R2, Block 2, Heritage High School Addition, 1.76 acres located at 4205 Gateway Drive Clayton Husband presented the case to the Commission and reviewed the staff briefing. Motion by Commissioner Swift to approve the replat. The motion was seconded by Commissioner Kelly. The motion was approved by the following vote: Aye: Kelly, Swift, Byerly, Edwards, Dudziak Nay: None 3. Case Z-04-023 - PUBLIC HEARING - Special Use Permit for day care on Lot 1, Block 1, Pleasant Glade Assembly of God Addition, located at 2508 Glade Road Clayton Husband presented the case to the Commission and reviewed the staff briefing. Mr. Husband stated the applicant has the church property under contract to purchase and has submitted an application to allow a part of the facility for use as a day care. Commissioner Dudziak asked if the building met all the requirements of the state for a day care center. Mr. Husband stated that the applicant would be required to bring the building up to standard as a condition to receiving a state license for a day care center. John Conway, representing the applicant came forward to answer questions regarding the proposal. He stated they plan on a maximum of forty children. Mr. Conway stated they intend to use the nursery wing and the assembly area on the west side of the building for the day care. Chairman Byerly opened the public hearing. Joseph Laforest, 2406 Danbury Drive. He stated he is a resident on the west side of the property. He stated he was opposed to the request due to traffic concerns on Glade Road and Pool Road. He feels that it would lower property values. Mr. Laforest stated there were already day care centers in the vicinity. Planning & Zoning Commission Minutes -June 14, 2004 Page 2 of 5 Lisa Pollack, 5007 Summerbrook Drive. She stated she was opposed to the Special Use Permit due to traffic and drainage concerns. She stated the soccer fields cause a lot of damage to the fences. There being no one else wishing to speak, Chairman Byerly closed the public hearing. Chairman Byerly asked the applicant to come forward to answer additional questions. Commissioner Edwards asked if all the children would be arriving at the same time. The applicant stated that the arrivals would occur over a five hour period. Commissioner Edwards suggested a change to the proposed ordinance to require that the day care meet all State standards. Commissioner Kelly suggested that there be a limit on the number of children allowed by the Special Use Permit. Ross Foster suggested that the day care use be conditioned to use of the property as a church. Motion by Commissioner Edwards to approve the Special Use Permit request, subject to the following conditions: 1. The use of the day care shall be incidental to the primary use of the facility as a church. 2. The day care to meet all state standards. 3. The day care shall not exceed 50% of the square footage of the building 4. The day care shall not exceed 60 children. The motion was seconded by Chairman Byerly. The motion was approved by the following vote: Aye: Kelly, Swift, Byerly, Edwards, Dudziak Nay: None 4. Case G-04-001 - PUBLIC HEARING - Amendment to the Land Development Code to require underground utilities Barry LeBaron presented the case to the Commission and reviewed the staff briefing. Commissioner Edwards asked if the proposed ordinance applies to all of Colleyville and not just Colleyville Boulevard. Mr. LeBaron stated that it did. Commissioner Edwards stated that the proposed ordinance wouldn't apply to many properties. Commissioner Swift asked what the status was of the relocation of the existing wires and lines along State Highway 26. Mr. LeBaron stated that the City is considering a possible bond package to put to the voters later this year, which may include funds to relocate the existing lines. Chairman Byerly asked if this is applicable to both residential and commercial. Mr. LeBaron stated that it applies to all vacant and unplatted properties. Commissioner Swift asked how many new properties are burying their utilities. Mr. LeBaron stated that few commercial properties bury the electric lines, but that most Planning & Zoning Commission Minutes -June 14, 2004 Page 3 of 5 residential properties do bury their electric lines, because it is a market driven issue for new subdivision to compete against other residential properties. Mr. LeBaron further stated that with the deregulation of the electrical industry, the electrical providers are requiring the placement of transformers and other switching gear in the front yards to allow ease in maintaining the facilities. Commissioner Dudziak asked if staff had considered making this ordinance only applicable to commercial properties or even setting up certain zones where the ordinance would apply. Mr. LeBaron stated that the initial direction was to draft the ordinance as a city-wide ordinance and if the Commission wants to recommend a change in the application of the regulation, this would be the place to offer those changes. Commissioner Dudziak asked if staff had seen any studies regarding the overall installation costs and long term maintenance costs of placing electric lines underground. Mr. LeBaron referred to a study performed by the Edison Electric Institute stating that underground electric lines cost approximately ten times more than overhead lines to construct. The study also revealed that the underground lines do not last as long as overhead lines. Commissioner Swift asked if staff had a cost estimate for relocating the existing wires underground. Mr. Husband stated that the most recent estimate is approximately 18 million dollars. Commissioner Dudziak asked if staff had ever seen a study showing if there are any added values to residential properties that could be realized by placing electric lines underground. Mr. LeBaron stated he had not seen any such studies. Chairman Byerly opened the public hearing. Mr. Whitman, 3402 Crossgate Circle South. He stated that the costs of approving such an ordinance will drive the costs up to where vacant properties will remain vacant. He stated he is opposed to the ordinance. There being no one else wishing to speak, Chairman Byerly closed the public hearing. Commissioner Swift expressed concerns over the impact that such an ordinance would have on development and the ability of Colleyville to attract new business. He stated that as a consumer, he would not be concerned about the overhead or underground lines. Commissioner Dudziak stated he would like to see more study. Commissioner Kelly stated he could not support the ordinance as written, but felt that there may be merit in putting the lines underground along State Highway 26. Commissioner Edwards asked why the City Council wanted this ordinance passed now in view of the possibility of having a bond election later this year and that if the bond election is passed then this ordinance would be a mute point. Commissioner Swift asked if all these comments will be forwarded to the City Council. Mr. LeBaron stated that the minutes of the meeting are sent to the City Council. Motion by Commissioner Swift to deny the proposed amendment. The motion was Planning & Zoning Commission Minutes -June 14, 2004 Page 4 of 5 seconded by Chairman Byerly. The motion was denied by the following vote: Aye: Kelly, Swift, Byerly, Edwards, Dudziak Nay: None 5. Case Z-04-022 - TABLED ITEM - Special Use Permit for an accessory building on Lot 1, Block 1, Panno Addition, located at 308 Black Drive This item was not removed from the table. Barry LeBaron advised that they have not received any information from the applicant. 6. Case G-04-015 - TABLED ITEM - Consider recommendation of the Master Plan update to the City Council Barry LeBaron stated he had not been able to complete all the changes discussed at the June 7, 2004, workshop. He stated that the revisions should be completed within a day or two. The Commission agreed to have a work session on the master plan update on June 21, 2004, at 6:30 p.m. 7. Staff Comments, Reports and Discussion Items Staff reminded the Commissioners of the updated Land Development Code that had been furnished to each of them. Staff also stated that a training program will be scheduled for the latter part of July. 8. Commissioners' Comments and Reports None. ADJOURNMENT The Commission adjourned the meeting at 8:47 p.m. by acclamation. Respectfully Submitted, ~~..~ J. Clayton Husband AICP Development Coordinator Approved on: June 28, 2004 Note: As a matter of public record, an audio recording of this Planning and Zoning Commission meeting is available upon request. Planning & Zoning Commission Minutes -June 14, 2004 Page 5 of 5