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HomeMy WebLinkAboutPlanning and Zoning Commission-Minutes-9/25/2006 (2) . n"X.~.. City of Colleyville Minutes. Final Planning and Zoning Commission 100 Main Street Colleyville, Texas 76034 (817) 503-1000 www.colleyville.com Monday, October 9, 2006 7:00 PM City Council Chambers 6:15 P.M. . PRE-COMMISSION WORKSHOP EXECUTIVE CONFERENCE ROOM THIRD FLOOR LEGAL BRIEFING BY CITY ATTORNEY REGARDING PLANNING, ZONING, PLATTING, AND LAND USE REVIEW OF REGULAR AGENDA ITEMS REGULAR MEETING 7:00 P.M. 1. CALL TO ORDER The Planning and Zoning Commission meeting of the City of Colleyville was called to order by Chairman Byerly on October 9, 2006 at 7:00 p.m. 2. ROLL CALL Commissioners Robert McCormick, Dave Dudziak, Thomas Bartkowski, Mary Taylor, John Blassingame, Jeff Byerly Absent: Commissioner Denis Duffy 3. INVOCATION The Invocation was given by Commissioner Byerly. 4. PLEDGE OF ALLEGIANCE 5. APPROVAL OF MINUTES Commissioner Blassingame made a correction on page 4 of the September 25, 2006 meeting minutes. The following paragraph is as stated in the September 25, 2006 meeting minutes: "Commissioner Blassingame stated the neighbors were in favor of the gate for the safety of their children. He stated not being in favor of this and just recommending to counicl that they improve the street. He stated not seeing that get done before the development gets done." City of Col/eyville Page 1 Printed on 1012412006 Planning and Zoning Commission Minutes. Final October 9, 2006 This is the paragraph corrected by Commissioner Blassingame: "Commissioner Blassingame stated the neighbors were in favor of the gate for the safety of their children. He stated not being in favor of not adding the language to prohibit a gate and just recommending to counicl that they improve the street. He stated not seeing that get done before the development gets done." Commissioner Blassingame moved to approve the meeting mInutes with the corrections. CommissIoner McCormick seconded. The motion carrIed by the following vote: Aye: 6. McCormick, Dudziak, Bartkowski, Taylor, Blassingame, Byerly Absent: 1. Duffy 6. RECOGNITION OF OUTGOING MEMBERS Commissioners Byerly, Taylor and Dudziak gave their appreciation to the outgoing members. Commissioners Bartkowski and Blassingame thanked them for their appreciations. 7. ADMINISTER OATH OF OFFICE FOR NEWLY APPOINTED MEMBERS Amy Shelley administered the Oath of Office for the newly appointed members. 8. ELECTION OF OFFICERS Commissioner Dudziak made a motion to elect Commissioner Byerly to continue to be the Chairman for the Commission. Commissioner Taylor seconded. The motion carried by the following vote: Aye: 6. McCormick, Dudziak, Redfearn, Taylor, Phelps, Byerly Absent: 1 - Duffy Commissioner Byerly made a motion to elect Commissioner Duffy to continue to be the Vice Chairman for the Commission. Commissioner Taylor seconded. The motion carried by the followIng vote: Aye: 6. McCormick, Dudziak, Redfearn, Taylor, Phelps, Byerly Absent: 1 - Duffy Commissioner Dudziak made a motion to elect Amy Shelley to continue to be the Recording Secretary for the Commission. Commissioner Taylor seconded. The motion carried by the following vote: Aye: 6. McCormick, DudzIak, Redfearn, Taylor, Phelps, Byerly Absent: 1. Duffy City of Colleyvll/e Page 2 Printed on 10/24/2006 Planning and Zoning Commission Minutes - Final October 9, 2006 9. CITIZEN COMMENTS REGARDING ITEMS NOT ON THE AGENDA None 10. PUBLIC HEARING AGENDA ITEMS 10a Approval of a Zoning Change from AG-Agricultural to R30-Single Family Residential on 1.3 acres out of the Joseph White Survey located at 6405 Pleasant Run Road, Case Z-06-024 Chris Fuller presented the case and briefed the Commissioners. Commissioner Dudziak questioned staff regarding if the two lots are 60,000 square feet total, how are they each less than 30,000? Chris Fuller replied the total area being rezoned is greater than 30,000, therefore the approval of R30 for the entire 1.13 acres is in compliance with the zoning. However, once he subdivides into two lots, each lot will be less than 30,000. The zoning does not take into account the right of way that would be dedicated later. Commissioner Taylor questioned staff if the subdividing of the two lots will face Pleasant Run Road? Chris Fuller replied yes. Commissioner Byerly opened the public hearing at 7:10 p.m. Brad Hardy, representing the applicant, Stacy McKinney, came forward to present the case and brief the Commissioners. He stated the property owner plans to build on both lots, which will face Pleasant Run Road. Barry LeBaron questioned Mr. Hardy if the McKinney's were aware of there not being a public sewer for this property and that a septic system will need to be placed? Mr. Hardy replied yes, they have met with the Engineering staff and have gotten approval from Tarrant County Environmental Health. Commissioner Taylor questioned Mr. Hardy if there would be two separate homes on these lots. Mr. Hardy replied yes. Commissioner Phelps questioned if all of the existing structures would be removed? Mr. Hardy replied yes, not at first, since the property owners will live in one home until the next home is built. Commissioner Phelps stated the existing home appears to be right on the property line. Mr. Hardy replied correct, however, it will be raised once the new home is constructed. Commissioner Dudziak questioned Mr. Hardy regarding if there are any wells in the area that would be effected by a septic system? Mr. Hardy stated no, an assessment has been made by an Environmental agency City of Colleyvllle Page 3 Printed on 1012412006 Planning and Zoning Commission Minutes. Final October 9, 2006 for Tarrant County Health and the letter of approval has been given to the city. Tom Dolan, 6317 Pleasant Run Road, spoke in favor of the rezoning request and stated there are not any objections with any of the surrounding neighbors. There being no one wishing to speak, the public hearing was closed at 7:18 p.m. Commissioner Byerly moved to approve case Z-G6-G24. Commissioner Phelps seconded. Commissioner Byerly stated this Is a good use for these properties, with the open estate feel. Commissioner Dudziak questioned staff regarding what is being asked to waive? Chris Fuller replied the lot area. Commissioner Byerly stated this is a zoning request and the waiver will be requested during the platting process. The potential buyer has stated that they will be bringing forth a plat upon approval of the zoning request. Commissioner Phelps stated the alternatives to this zoning would be less favorable to this area. However, splittIng Into R30 Is the best approach. Commissioner Taylor stated not having an issue for the R30 zoning request, it Is the best use of this piece of land. The motion carried by the following vote: Aye: 6 - McCormick, Dudziak, Redfearn, Taylor, Phelps, Byerly Absent: 1 - Duffy 10b Case P-06-051 - PUBLIC HEARING - Final plat for Lots 9A and 9B, Block 1 of the Colleyville Industrial Park Addition being a replat of Lot 9, Block 1 of the Colleyville Industrial Park Addition Chris Fuller presented the case and briefed the Commissioners. Commissioner Dudziak questioned staff regarding if the perimeter street improvements are based on by the foot? Chris Fuller replied it is based on the proportionality of the traffic demand generated by the use, based on the lot. Commissioner Dudziak questioned staff if there is any calculation that would not allow the city to get maximize revenue as far as accounting for only the 211 feet that is actually in Lot 9B and not inclusive of the 48 feet? Chris Fuller replied not being able to answer without Robert Woods, Project Engineer's consent. Commissioner Byerly stated the applicant had indicated he was going to ask for a waiver on the sidewalk, has that been included at this point? Chris Fuller stated that is a separate item that would go before City City of Colleyvl/le Page 4 Printed on 10/2412006 Planning and Zoning Commission Minutes. Final October 9, 2006 Council. Commissioner Byerly opened the public hearing at 7:25 p.m. Roger Hart, the Surveyor, representing the applicant, came forward to present the request and answer any questions. Commissioner Taylor questioned if the new building and drive will face Industrial Boulevard? Mr. Hart replied yes. Commissioner Byerly questioned Mr. Hart regarding why the new building would not face Industrial next to the building already in place? Mr. Hart replied to be able to maximize on the shared parking, this is the design for the best use of parking. Commissioner Dudziak questioned Mr. Hart if there is an exit planned for Wyatt Drive or some type of fencing along Wyatt? Mr. Hart replied there is an existing wall along Wyatt Drive and he stated not knowing if the owners will leave the wall there. The access for the lot will be through the common access easement. Commissioner Phelps questioned Mr. Hart if he is aware of the traffic load for Wyatt Drive? Mr. Hart stated Wyatt Drive is being used as another access to the Ross Downs subdivision. Commissioner Dudziak questioned Mr. Hart if there are any plans for lighting for this property? Mr. Hart replied not having seen any plans. There being no one wishing to speak, the public hearing was closed at 7:30 p.m. City of Colleyville Page 5 Printed on 10/2412006 Planning and Zoning CommissIon Minutes - Final October 9, 2006 CommIssioner Taylor moved to approve case P-06-051. Commissioner Phelps seconded. Commissioner Dudziak questIoned staff If there are specific codes addressing commercial lighting Issues for abutting those residential lots? Barry LeBaron replied yes, those Issues will be looked at during the site plan review. Commissioner Dudziak questioned staff regarding the hours of operation? Barry LeBaron replied there are some limitations in this zoning district. If It becomes a problem, code enforcement will follow up with those requirements. Commissioner Dudziak stated this being a commercial replat, the property owners surrounding the subject property are not notIfied of a commercial replat. He questioned If it would be possIble to notify those property owners even thought It Is not requIred? Commissioner Byerly stated staff is not legally obligated to not notify those property owners, they could be notIfied by giving addItional notification, but staff Is not required to have to do so. City Attorney Matthew Boyle concurred. Commissioner Dudziak questioned staff regarding why additional notices are not sent especially next to a residential area? Barry LeBaron replied this case is not a case of use, this Is a subdivision plat and the owner can build whatever fits withIn the zoning use regardless If this property line is put on the plat, It would not have changed, the line allows the change of ownership for Lot 9A. Had we have notified and the citizens have not liked what they would have seen, it would have had no bearing on the plat. Commissioner Byerly stated understanding Commissioner DudzIak's questions. He stated being In favor of more public input than none. Commissioner Byerly questioned staff regarding if there Is tIme to post pone and notify? Barry LeBaron stated staff determined that this was ready to go forward and was placed on tonight's agenda. The applicant Is dedicating additIonal rIght of way to make their half of Wyatt Drive, 25 feet. Discussion occurred between Barry LeBaron and Commissioners Byerly and Dudziak regardIng the calculatIons for the set back lines and the position of the property lines. Commissioner Byerly questioned staff regarding what type of uses are allowed in the ML zoning district? Chris Fuller replied by using the Permitted Uses Table located In Chapter 3 of the Land Development Code. Commissioner Dudziak stated this property was zoned manufacturing when Ross Downs came and those residents had to know that something would come In on those properties. He stated wanting notification to those neighbors regarding what Is being proposed so that there are not any surprises. He stated not having an issue with tabling this item until notification is sent. Attorney Boyle stated from a legal stand point on the notification, It's of critIcal Importance that zoning and platting notifications are treated uniformly across the board and in the absence of an adopted rule or policy changing the notification requirements, he warned of the potential hazards of on an add hock or case by case basis revising what the notification process are. City of Colleyvllle Page 6 Printed on 10/2412006 Planning and Zoning Commission Minutes - Final October 9, 2006 Commissioner Dudziak questioned Attorney Boyle if that does not stop us from sending out notifications? Attorney Boyle replied he would strongly discourage staff from sending notification on a case by case basis or revising the notification process for plats and zoning cases. The city does have the ability to adopt more stringent and particular requirements that exceed the minimum requirements and state law requirements, but in the absence of such an adoption of policy, provide for unlfonn notification, he strongly discouraged staff from revisIng their notification standards on a case by case basis. Commissioner Byerly questioned Attorney Boyle If that Is also advising the Commissioners not to table this Item until more notification can be sent, would this be the same add hock basis? Attorney Boyle replied the Commission is free to speak wIth who ever they wish, in the absence of not knowing when this plat was filed, you have the potential that this plat is approved with the absence of action. Commissioner DudzIak questioned Commissioner Byerly regarding how can a good decIsion be made not knowing that date? Chris Fuller replied that date is October 4. Commissioner Byerly stated then there Is plenty of time until the next meeting. Also, he stated, since the Commission is the final approving body, it can not be appealed to CIty Council, therefore if the citizens show and they do not approve, there will not be an appeal process. The motion failed by the following vote: Aye: 3 - McConnlck, Taylor, Phelps Nay: 3. Dudziak, Redfearn, Byerly Absent: 1 - Duffy Commissioner Byerly made a motion to continue this case and reopen the public hearing to the October 23, 2006 meetIng. Commissioner Dudziak seconded. The motion passed by the following vote: Aye: 6 - McCormick, DudzIak, Redfearn, Taylor, Phelps, Byerly Absent: 1. Duffy 11. STAFF COMMENTS, REPORTS AND DISCUSSION ITEMS Barry LeBaron reminded the Commissioners regarding an orientation and training workshop scheduled for this Thursday, October 12th at 6:30 p.m. Staff will also put, on a future agenda item, the amending the rules and procedure and the filing dates will be included in the briefing. 12. COMMISSIONERS' COMMENTS AND REPORTS Commissioner Dudziak questioned staff regarding how do we set the guidelines for including the notification in these types of situations for residents? Barry LeBaron replied Chapter 8 of the Land Development Code would need to be amended through the City Council. Commissioner Byerly questioned Attorney Boyle regarding additional notification? Attorney Boyle stated the Commissioners are not legally City of Colleyvllle psge 7 Printed on 1012412006 Planning and ZonIng Commission Minutes. Final October 9, 2006 prohibited from contacting the citizens. Commissioner Byerly stated this issue needs to be looked at more, to find ways to be able to notifiy more citizens. Commissioner Byerly questioned Attorney Boyle if he had any words of wisdom? Attorney Boyle stated the Commissioners are not legally prohibited to speaking to whom ever they choose. 13. ADJOURNMENT There beIng no further business before the Planning and Zoning Commission, the meeting adjourned at 7:50 p.m. Approved by acclamation. ' I hereby certify the above agenda was posted on the bulletin boards at City Hall on Thursday, October 5, 2006 by 5:00 p.m. The mInutes were approved on October 23, 2006. Amy Shelley, Planning and Zoning Assistant City of Col/eyvil/e Page 8 Printed on 10/2412006