HomeMy WebLinkAboutPlanning and Zoning Commission-Minutes-11/28/2005 (5)
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Texas
PLANNING AND ZONING COMMISSION
MEETING MINUTES - November 14, 2005
CALL TO ORDER
Chairman Byerly called the meeting to order at 7:00 p.m.
INVOCATION
Present: Commissioners, Robert McCormick, Dave
Dudziak, Mary Taylor, Denis Duffy and Jeff Byerly
Absent: Commissioners Bartkowski and Blassingame
Barry LeBaron, Chris Fuller and Amy Shelley from
staff were present.
The invocation was given by Commissioner Taylor
ROLL CALL
PLEDGE OF ALLEGIANCE
APPROVAL OF MINUTES
Commissioner Duffy moved to approve the October 24, 2005 meeting minutes with the
following corrections: Page 5, 2nd sentence, change "closed" to "adjourned"; page 5, 3rd
sentence, change "re-opened" to "reconvened"; top of page 7 insert "no operations
allowed between 1 0 pm and 6 am"; page 12, change "post pone" to one word
"postpone"; and page 13, 1st paragraph, change "the" to "there". Commissioner Dudziak
seconded with corrections.
The motion was approved by the following vote:
Aye: McCormick, Dudziak, Taylor, Duffy and Byerly
Nay: None
LEGAL BRIEFING BY CITY ATTORNEY ON AGENDA ITEMS
None
CITIZEN COMMENTS REGARDING ITEMS NOT ON THE AGENDA
None
PUBLIC HEARING AGENDA ITEMS
1. Case Z-05-030 - PUBLIC HEARING - Request for a Special Use Permit for
contractor office with an outside storage on Lot 11, Block 1, Colleyville Industrial
Park Addition, located at 1813 Industrial Boulevard
Chris Fuller presented the case and briefed the Commissioners.
Commissioner Byerly opened the public hearing at 8:15 p.m.
Brad Land, the applicant, came forward to present the case and answer any questions
from the Commissioners.
Commissioner Taylor questioned Mr. Land in regards to if the items to be used in the
Planning & Zoning Commission
Minutes - November 14, 2005
Page 1 of 7
landscaping business will be available for retail sales to potential walk up customers?
Mr. Land replied no, the landscaping items will be used for completing the jobs, not for
sale from the site.
Commissioner Duffy questioned Mr. Land regarding the access to the building via the
yard, is there going to be more than one access to the building? Mr. Land replied there
being more than one access for the building.
Commissioner Duffy questioned Mr. Land regarding what type of items would be stored
inside the building? Mr. Land replied machinery for the business, trucks and trailers.
He stated he would be in compliance with fire code.
Van Hubbard, business address 1812 Industrial Boulevard, stated having concerns with
the appearance of the street; the storage of the equipment, whether it be behind the
proposed building or in front of it; the coming and going of vendors for deliveries and the
number of employees creating traffic.
Randy Cross, 1808 Industrial Boulevard, concurred with Mr. Hubbard and stated having
concerns with the parking for employees. He stated not having an issue with the
business as long as all of the equipment will be stored behind the building.
There being no one wishing to speak, the public hearing closed at 8:20 p.m.
Commissioner Taylor concurred with the speakers concerns and questioned staff
regarding how can the Commission be assured that the vehicles will be placed behind
the building? Commissioner Byerly stated the Special Use Permit can have conditions
attached as necessary. Commissioner Taylor stated wanting those conditions attached.
Commissioner Byerly questioned Mr. Land regarding if the equipment will be placed
behind the building or in the building? Mr. Land stated some will be inside the building
for safe keeping of the equipment. The only thing that will be stored outside, that would
be seen, would be the trees. He stated he employees about 20 people which leave in
the morning and come back in the evening. Commissioner Byerly questioned Mr. Land
regarding if the sliding gate would be solid? Mr. Land replied he intends to match the
screening fence.
Commissioner Taylor questioned if the facility will be landscaped? Mr. Land replied
yes.
Commissioner Dudziak questioned Mr. Land regarding the parking space in front, will
those places be used for parking some of the equipment or will all of the equipment be
stored in the rear? Mr. Land replied all company vehicles will be stored in the rear.
Those parking spaces will be used for vendor parking or for an occasional customer.
Commissioner Dudziak questioned Mr. Land if there will be a design center for some of
the customers? Mr. Land replied no, the landscaping out front will show what we can
do for landscaping.
Commissioner Dudziak questioned Mr. Land regarding the hours of operation? Mr.
Land replied the employees start at 7 a.m. and return a little before dark. The hours
depend on what time of the year it is, right now with dark coming sooner, the workers
are back around 6 p.m.
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Minutes - November 14, 2005
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Commissioner McCormick questioned Mr. Land regarding what type of vehicles will be
used, and will they be noisy? Mr. Land stated the tractors have back up alert censors
that can be noisy. Commissioner McCormick questioned Mr. Land regarding if
deliveries to the facility would be during the day? Mr. Land replied yes, during the day.
Commissioner Duffy made motion to approve case Z-05-030. Commissioner Byerly
seconded with friendly amendments: 1. An eight (8) foot fence on the southern property
line; 2. The gate to be constructed of a solid surface; and 3. No company vehicles
parked out front over night. Commissioner Duffy concurred.
The motion was approved by the following vote:
Aye: McCormick, Dudziak, Taylor, Duffy, Byerly
Nay: None
2. Case Z-05-031 - PUBLIC HEARING - Request for a Special Use Permit to
allow for horses on Lot 8, Block 7, Brighton Oaks Addition, located at 2705
Sherwood Lane
Chris Fuller presented the case and briefed the Commissioners.
Commissioner Duffy questioned staff if the 20% rule for opposition had been
calculated? Chris Fuller replied the opposition is less than 20%.
Commissioner Byerly opened the public hearing at 8:30 p.m.
Linda Collins, the applicant, came forward to present the case and brief the
Commissioners.
Commissioner Byerly questioned Mrs. Collins regarding the bold area on the drawing
provided; would the horses be kept in that area? Mrs. Collins replied correct, we would
have to add fencing around the pool to keep the horses out.
Sandra Fuller, 3016 Sherwood, spoke in favor of the request and stated knowing the
family.
Commissioner Taylor questioned Ms. Fuller if there is enough room for horses on the
Collins' property? Ms. Fuller replied yes, these horses are show horses, therefore they
are housed most of the time.
J. Pat Gibson, 2604 Sherwood Lane, spoke in favor of the request and stated knowing
the family. He stated being surprised there being a need for a permit to have horses in
Colleyville.
Jim Gotcher, 4105 Spring Hollow, spoke in favor of the request and stated knowing the
family would take care of the horses and stated the horses would enhance the property
values in the area.
Phil Kelly, 2808 Sherwood Lane, questioned if the same rules would apply for anyone
buying the home for the future? He questioned the amount of space required to have
the horses? He questioned why not use the boarding schools in the area to keep the
horses?
There being no one wishing to speak, the public hearing was closed at 8:50 p.m.
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Commissioner Duffy questioned staff regarding if there is any requirement for open land
for horses? Chris Fuller replied the Colleyville Code of Ordinances requires 15,000
square feet of grazing area per horse. Commissioner Duffy questioned staff regarding if
the Special Use Permit (SUP) would terminate if the use is abandoned for a period of
six months? Does the land revert back to the original zoning? Would the SUP have to
be reapplied for? In other words, if the land is sold and there is not a horse there for a
period of six months, does the SUP go away? Barry LeBaron replied yes it would.
Commissioner Duffy questioned staff regarding if the Collins will need to reapply for a
SUP for the stables since the stables have not been used for longer than six months?
Barry LeBaron replied they would have to reapply for the building to be used as a
stable; currently, the stable is an accessory building.
Commissioner Duffy questioned Mrs. Collins regarding the large building beside the
pool? Mrs. Collins replied it is a 3 car detached garage. Commissioner Duffy
questioned Mrs. Collins regarding the use of the upstairs? Mrs. Collins replied it is a
game room for their children.
Commissioner Dudziak questioned staff regarding the use of the streets by the horses,
is there any ordinance that can preclude that? Barry LeBaron replied no, they can use
the street.
Commissioner Byerly questioned City Attorney Matthew Boyle regarding if the
Commission could make not using the street a fair condition in the SUP to the applicant,
by not loading the horses on the street? Attorney Boyle replied the request being for
the parcel, all four corners, but nothing off site. He stated the Commissioners can not
forbid the applicant from walking the horses off site of the SUP.
Commissioner Taylor stated these horses are not taken out and ridden on the streets,
they are show horses.
Commissioner Byerly had discussions with staff and Mr. Gotcher regarding the property
owner's in the area around the Collins.
Commissioner Taylor made motion to approve case Z-05-031. Commissioner
McCormick seconded. Commissioner Byerly made a friendly amendment with the
condition that the horses be bound by the area noted by the bold lined area on the
drawing provided.
Commissioner Duffy questioned Attorney Boyle regarding if the area can be limited or if
the SUP would apply to the platted property. Attorney Boyle stated a specific defined
area of the parcel is acceptable.
Commissioner Taylor accepted the amendment. Commissioner McCormick seconded.
Commissioner Dudziak stated having issues for the future homeowner's not taking care
of the horses as well as the Collins. He stated there not being enough room for the
horses.
Commissioner Duffy questioned Mrs. Collins in regards to why not use the close facility
to board their horses? Mrs. Collins stated not wanting to use the facility because of the
care of the facility. Commissioner Duffy questioned Mrs. Collins if she would keep the
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landscaping in the back yard? Mrs. Collins stated wanting to keep their property neat
and landscaped. Commissioner Duffy questioned Mrs. Collins if an exercise ring would
be placed in the yard? Mrs. Collins stated not at this time. She stated she and her
daughter will be riding in the back yard.
The motion was approved by the following vote:
Aye: McCormick, Taylor, Duffy and Byerly
Nay: Dudziak
Commissioner Duffy stated noting the area for the two animals is insufficient but that the
Commissioners are not setting a precedent.
3. Case G-05-012 - PUBLIC HEARING - Amendment to Chapter 14,
Engineering Design Standards of the Land Development Code regarding
detention/retention ponds
Barry LeBaron presented the case and briefed the Commissioners.
Commissioner Byerly stated having concerns with there not being any standards the
developer would have to use, or some process or approval to be used by the city. Barry
LeBaron stated there are standards that could be used as a reference, however the
Engineering Department would approve just as they do now. Commissioner Byerly
stated there are standards regarding the amount of water flow the pond can have. The
calculations can be checked to see if they meet those standards but, he questioned
staff what is it the Engineering Department will be checking or checking against and can
that be incorporated in the ordinance?
Commissioner Duffy questioned staff regarding if there are some calculations that could
be used for determining the oxygenation and re-oxygenation per thousand cubic feet of
water that would stop the growth of algae? Barry LeBaron stated the combination of
temperature, depth of water and square feet are calculated but the developer can
design so that there would be minimum aquatic vegetation. If not, they would have to
come in and add another device.
Commissioner Dudziak stated several times during the year at Kimzey Park, there is still
growth even though another fountain was added. The Parks Department will come out
and do a chemical treatment that will take care of the growth. Barry LeBaron used
pictures of some ponds where there have not been any problems with growth in those
areas. He stated there must be something they have done that works and that can be
used in other areas to be used as a guideline.
Commissioner McCormick questioned staff if some wild life animals or vegetation could
be used for aquatic vegetation so that the eco system could be self sustaining? Barry
LeBaron replied yes, the Texas Parks and Wildlife website does provide some ideas.
Commissioner Byerly questioned Attorney Boyle if these recommendations are too
vague to be enforceable? Attorney Boyle replied having looked at staff's initial analysis,
by putting the issues in staff's hands is about the most reasonable way to approach
these types of issues. This will provide a sufficient amount of flexibility for the property
owner and defers it to staff to make a reasonable determination of what might address
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the problem.
Commissioner Duffy suggested on Section L, number 9 of the Drainage and Storm
Sewer Improvements should include: a. Failure to prevent surface accumulation of
aquatic vegetation will result in additional water movement, aeration facilities or other
processes approved by the City being required. Barry LeBaron replied that being a
good proposal. If the first one does not work, then add another one.
Commissioner Byerly opened the public hearing at 9:20 pm.
There being no one wishing to speak, the public hearing was closed at 9:20 p.m.
Commissioner Duffy made motion to approve case G-05-012 as presented with the
condition. Commissioner McCormick seconded.
The motion was approved by the following vote:
Aye: McCormick, Dudziak, Taylor, Duffy and Byerly
Nay: None
STAFF REPORTS
Barry LeBaron reminded the Commissioners about the last meeting in December being
the day after Christmas. He suggested postponing any of the items submitted for that
meeting to be moved to the first meeting in January 2006. The Commissioners all
concurred.
COMMISSIONER COMMENTS
Commissioner Duffy thanked staff regarding their helpfulness.
ADJOURNMENT
The Commission adjourned the meeting at 9:30 p.m. by acclamation.
Respectfully Submitted,
Amy Shelley
Planning and Zoning Assistant
Approved on: November 28,2005
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Minutes - November 14, 2005
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