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HomeMy WebLinkAboutPlanning and Zoning Commission-Minutes-11/28/2005 (5) .~ 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. Planning & Zoning Commission Minutes - November 14, 2005 Page 2 of 7 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. Planning & Zoning Commission Minutes - November 14, 2005 Page 3 of 7 ---'--~-~..~~._~_._.,-,,~--"~.._-_.~~._-~.__.._-".._,- 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 Planning & Zoning Commission Minutes - November 14, 2005 Page 4 of 7 .._---_._~--~._.._._'~--._-~~----~-_.~...............~-~._.~._-_..- 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 Planning & Zoning Commission Minutes - November 14, 2005 Page 5 of 7 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 Planning & Zoning Commission Minutes - November 14, 2005 Page 6of7 .'-'~"-'""._'~----_.~-----~--..~.....__.,--"