HomeMy WebLinkAboutPlanning and Zoning Commission-Minutes-6/11/2007"~~ City of Colleyville
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Minutes -Final
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LEGAL BRIEFING BY CITY ATTORNEY REGARDING PLANNING, ZONING,
PLATTING, AND LAND USE
100 Main Street
Colleyville, Texas 76034
(817) 503-1000
www.colleyville.com
Monday, June 11, 2007
7:00 PM
City Council Chambers
6:15 P.M. -PRE-COMMISSION WORKSHOP
EXECUTIVE CONFERENCE ROOM
THIRD FLOOR
DISCUSSION OF PREVIOUS MEETING MINUTES
REVIEW OF REGULAR AGENDA ITEMS
REGULAR MEETING
7:00 P.M.
1.
CALL TO ORDER
Planning and Zoning Commission
The Planning and Zoning Commission meeting of the City of Colleyville
was called to order by Chairman Byerly on June 11, 2007 at 7:00 p.m.
2. ROLL CALL
3
4.
5.
Commissioner Dudziak moved to approve the May 29, 2007 meeting
minutes with the correction on page 5, first paragraph to read "willing to
rely on easement back there to a second lot." Commissioner Phelps
seconded.
Present: Commissioners Larry Knox, Dave Dudziak, Scott Redfearn,
Mary Taylor, David Phelps and Jeff Byerly
Absent: Commissioner Denis Duffy
Staff Present: Chris Fuller, Ron Ruthven, Rob McKeown, Jeremy Hutt
and Amy Shelley
INVOCATION
The invocation was given by Commissioner Dudziak.
PLEDGE OF ALLEGIANCE
APPROVAL OF MINUTES
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The motion carried by the following vote:
Aye: 6 -Knox, Dudziak, Redfearn, Taylor, Phelps, Byerly
Absent: 1 -Duffy
6.
7.
8
CITIZEN COMMENTS REGARDING ITEMS NOT ON THE AGENDA
None
REGULAR AGENDA ITEMS
None
PUBLIC HEARING AGENDA ITEMS
8a Approval of a Special Use Permit for a carport on Lot 8, Block 5 of the
Woodbriar Estates West Addition located at 3717 Brentwood Court,
Case Z-07-017
Chris Fuller presented the case and briefed the Commission.
Commissioner Byerly opened the public hearing at 7:07 p.m.
There being no one wishing to speak, the public hearing was closed at
7:08 p.m.
Commissioner Byerly moved to approve case Z-07-017. Commissioner
Taylor seconded.
The motion carried by the following vote:
Aye: 6 -Knox, Dudziak, Redfearn, Taylor, Phelps, Byerly
Absent: 1 -Duffy
8b Approval of a zoning change from CC2-Shopping Center and R40-Single
Family Residential to PUDR-Planned Unit Development Residential on
20.57 acres out of the R.N. McEwing Survey and Lots 1 and 2, Block 1
of the Reed Addition, located at 931-1013 McDonwell School Road and
1100 Lavaca Trail, Case Z-07-018
Chris Fuller presented the case and briefed the Commission.
Commissioner Phelps questioned staff regarding if the intent for the
open space is to be common use land or unoccupied, grassy areas?
Chris Fuller replied the intent is for the use of the private residents.
Commissioner Taylor questioned staff regarding how tall is the
"Welcome" sign the developer has presented? Chris Fuller replied the
developer has provided examples of monument signs, however,
development standards for the sign have not been provided.
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Commissioner Byerly opened the public hearing at 7:13 p.m.
John Fegan, the applicant, came forward to present the case and brief
the Commission. Konstantine Bokintas, applicant's engineer, came
forward to help with the presentation. Mr. Fegan passed out a rendering
of the "Welcome" sign with it being 12 feet tall on one end and 5 feet tall
on the other end.
Commissioner Redfearn questioned Mr. Fegan regarding if the 3 lots on
Lavaca Trail are included in the PUD? Mr. Fegan replied they will be
included in the PUD; however, they are larger lots, to continue with the
feel on Lavaca Trail.
Commissioner Phelps questioned Mr. Fegan regarding a possible street,
instead of a cul-de-sac, that would continue further south? Mr. Fegan
replied all of the HOA Board members in the area were against the
straight street.
Commissioner Dudziak questioned Mr. Fegan regarding if the HOA
funds of $300 per lot, per year, will be sufficient enough for the
maintenance of the wall surrounding the development as well as the
drainage and streets? Mr. Fegan replied the $300 will be designated for
the maintenance of the streets and the HOA will have a separate
maintenance fee designated for landscaping and for the grounds
upkeep.
Commissioner Dudziak questioned Mr. Fegan regarding what is this
development going to offer since the open space percentage is lower
than the 20% that is required? Mr. Fegan replied this development will
be addressing the flooding issues that are out there on Lavaca Trail,
establishing an aesthetic pond system, walking trails and an additional
25% more tree for this development. Commissioner Dudziak questioned
Mr. Fegan if those conditions are included in the PUD ordinance? Mr.
Fegan replied he would be more than willing to put those in the
ordinance.
Commissioner Dudziak questioned Mr. Fegan regarding his traffic study,
what is the difference between staff calculations with the developer's
calculations? Mr. Bokintas replied there are different ways to calculate
traffic impacts and with the primary owners being empty nesters, he felt it
necessary to lower the factor from 9.56 to 8, either way being
approximations. Commissioner Dudziak questioned Mr. Bokintas
regarding if those additional cars on McDonwell School Road are
acceptable for an already extremely crowded area? Mr. Bokintas stated
they did not do a global traffic impact analysis. He stated they simply
looked at how many trips are generated from this specific development
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using this particular approach. He stated if this acreage is developed
consistent with the land use plan where there would be about half office
and half residential, the traffic impact would double, adding to the issue.
He stated although they have not solved the issue on McDonwell School
Road, they feel this development would be better.
Commissioner Byerly questioned Mr. Fegan regarding if he had given
any thought to having those south lots along the cul-de-sac, basically all
of the lots on the Lavaca Trail tract, to be consistent with the R20 zoning
district requirements? Mr. Fegan replied he felt like the three lots along
Lavaca Trail would be consistent with the area.
Commissioner Byerly questioned Mr. Fegan regarding if he had thought
about putting lower density next to the school? Mr. Fegan replied not
wanting to put lower density, then higher density. He stated he did not
want that look to his project.
Commissioner Taylor questioned Mr. Fegan if he is the developer that is
developing right next to the Lavaca Trail property, Lavaca Parc addition?
Mr. Fegan replied yes. Commissioner Taylor questioned Mr. Fegan
regarding the drainage issues, have those issues been resolved? Mr.
Fegan replied he has resolved those issues by eliminating that channel
that ran in the middle of those two properties. Mr. Bokintas replied this
project will enhance the situation and there will be some below grade
drainage installed to direct the water flow to the Meadows Creek addition
as well as along Lavaca Trail to the south. He stated the reconstruction
of Lavaca Trail and McDonwell School Road would eliminate the larger
issue with drainage, with storm drain systems.
Commissioner Redfearn replied the issue being just west of Rosewood
Villas, in the channel that ran south and out onto Lavaca Trail. Mr.
Bokintas stated they have done a preliminary drainage analysis and they
anticipate taking the run off from Rosewood Villas and taking the water
south in a storm drain system and some will flow to the ponds.
Commissioner Taylor stated there is a storm drain system that comes
from McDonwell School Road and dumps on that east corner. Mr.
Bokintas stated there are several discharge points, but will not know until
having further evaluated the situation.
Commissioner Phelps questioned Mr. Fegan regarding the connector for
a future walking path that exists in the gated community and goes over
into Rosewood Villas? Mr. Fegan replied that was put on the exhibit as a
conceptual walking path, unless Rosewood Villas would agree to that
path, it will be wrapped around the development differently.
Commissioner Dudziak questioned Mr. Fegan regarding if the sidewalks
could be constructed of concrete, for a more permanent solution? Mr.
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Fegan replied he could do so. Commissioner Dudziak questioned Mr.
Fegan regarding why are there not any sidewalks in greenbelt areas?
Mr. Fegan replied on the elementary side they could put in sidewalks,
however, he stated he did not want to do that on the east side between
Rosewood Villas for the privacy of both the back of the lots, but he
stated he could. Commissioner Dudziak stated the open space areas
are to be used by all of the residents of all the community, not individual
lot owners.
Commissioner Taylor replied that being a great concept, but in reality
those become back yards. In Rosewood Villas, those are not fenced off.
Mr. Fegan replied he was going to leave it up to the individual
homeowner because there is a concrete wall between Rosewood Villas
and this development. He stated on the school side, there is a fence in
place and he is going to place a treescape in front of that fence for a
more open feel.
Commissioner Dudziak questioned Mr. Fegan if the sidewalks can be
placed around the detention ponds, at least? Mr. Fegan concurred.
Commissioner Redfearn questioned Mr. Fegan regarding if the setback
lines on the lots to the south along Lavaca Trail would be consistent with
the R20 zoning requirements? Mr. Fegan replied yes, they will appear
as they are out on their own, but they are a part of this PUD.
Commissioner Phelps stated there being a less than minimum on the
open space. He stated he would like to see more commonality or
designed into this development, the front wall prohibits the loop to go
around the development. Mr. Fegan replied he could put in a walking
path all the way around the development, he stated he did not have an
issue with that.
Commissioner Taylor questioned Mr. Fegan if Lot 45 could be taken out,
maybe to give more to the open space requirement? Mr. Fegan
concurred and stated he could eliminate that lot.
Commissioner Phelps questioned Fire Marshal Rob McKeown regarding
if having the island in the cul-de-sac would hinder the emergency
vehicles from going around it? Marshal McKeown agreed that if there is
a 50 foot turning radius, then there would not be any issue. Mr. Bokintas
replied the code was followed with the design of the cul-de-sac to
accommodate the turning radius.
Commissioner Redfearn questioned Mr. Fegan regarding what does the
market predict for this product? Mr. Fegan replied, without advertising,
he has had seven or eight builders call and say they want to buy eight to
10 lots out of this development, all at one time.
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Commissioner Taylor stated this being the hottest real estate market for
this type of product.
Commissioner Taylor questioned Mr. Fegan regarding where would the
monument sign be placed? Mr. Fegan replied across the street on the
one acre tract and also on the northwest corner of this development on
McDonwell School Road.
Commissioner Phelps questioned staff if there are any design criteria
regarding monument signs? Chris Fuller replied that would be
something staff could research and present to the Commission at a
future date.
Tony Johann, 6819 Fallbrook Court, spoke in favor of the rezoning
request and stated liking the welcome to Colleyville signs and would like
to see other monument signs in other areas of Colleyville.
Doug Terry, 717 Arcady Lane, stated being familiar with the traffic
conditions in Colleyville. He stated he supported the development and
stated this is what the area needs. He stated being opposed to having a
straight street through to Lavaca Trail.
Dennis Johnson, 901 Montreaux Avenue, stated not supporting this
request with concerns to high density and issues with trafFc.
Dave Randolph, 6724 Zermatt Court, spoke in support of the rezoning
request and stated having an issue if the street were to be put through
as a straight street.
Tim Edwards, 6501 Lorraine Park, spoke in favor of the rezoning request
and stated not wanting the street to go straight through.
Bill Glasgow, 6400 Bordeaux Park, spoke in favor of the rezoning
request and delighted to see the plan Mr. Fegan has presented. He
stated being opposed to seeing a straight street from McDonwell School
Road to Lavaca Trail.
Aubra Palmer, 6406 Lorraine Park, spoke in favor of the rezoning
request and stated this being an improvement than the current condition
of the property.
Jeffery Zimmerman, 501 Lavaca Trail, spoke in favor of the rezoning
request and stated being opposed at the street going through to
McDonwell School Road. He stated being in favor of the R20 lots that
will face Lavaca Trail.
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There being no one wishing to speak, the public hearing was closed at
7:58 p.m.
Mr. Fegan came forward and stated being in favor of doing the walking
paths in either crushed granite or concrete. He stated the traffic will be
better with residential than with commercial.
Commissioner Phelps questioned staff regarding what is the provision
for the children walking to school, is there a side walk for those children
to get to school across that property? Commissioner Redfearn replied
when the Covington addition came in, the trail was going to be moved to
the west side of the development so that children could walk to school.
Chris Fuller replied there will be sidewalks along Lavaca Trail as the
properties are developed. He stated the trail will be developed.
Commissioner Taylor moved to approve case Z-07-018 with the
stipulation to take out Lot 45 and leave it as greenbelt. Commissioner
Phelps seconded.
Commissioner Dudziak stated there were a few more amendments that
were discussed, such as the concrete sidewalk and 25% additional
trees.
Both Commissioner Taylor and Commissioner Phelps accepted the
friendly amendments.
Commissioner Dudziak questioned staff if the offer of the monument sign
would need to be placed in the ordinance? City Attorney Kallas replied
the developer has in there the monument sign and is still working on the
details. The Commission may add similar to the ones presented at the
meeting.
Commissioner Taylor stated the developer will have to come before the
Commission to get both sides.
Commissioner Dudziak questioned staff regarding the concrete paths
behind the lots, the developer offered to do it on the west side, but
maybe not on the east side. Commissioner Taylor stated when there is
a walk path behind a residence, it takes away from the privacy of the
resident and the purpose of the greenbelt area is to truly be a greenbelt
area. She stated if people want to walk on the grass, they can do so.
Commissioner Dudziak stated the code is written for the open space to
be for the use of all of the residents in that community, not just for the
individual person's privacy. Commissioner Taylor stated it is set up in
Rosewood Villas for the greenbelt area and people walk on the
greenbelt, if they choose. This type lends for a more private life and it is
a good set up.
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Commissioner Byerly stated not being convinced that this is the best use
for this property. However, if this is going to go through, he stated
wanting to see something in the middle of the development to be closer
to R20 lots and the south half next to the pond, R20 is more consistent
with Lavaca Trail. Also, the open space violates the whole spirit of open
space in the code, the 20% open space needs to be a park or several
parks for usable open spaces, 17% is way to small for this dense
development. Commissioner Knox replied adding that lot to the open
space areas would only make the figure to 18%. Commissioner Byerly
stated he wanted to see the HOA fee be a minimum of $275 for the road
and drainage plus the annual maintenance cost.
Commissioner Phelps replied he thought $300 had already been
established by the developer exclusively for the road above and beyond
the maintenance of the property. City Attorney Kailas replied the
developer will assess $300 per lot which is not a condition of the
ordinance. Commissioner Byerly replied wanting to include that into the
PUD ordinance. Commissioner Phelps concurred.
Commissioner Dudziak questioned staff if the drainage piping will be the
homeowner's responsibility? Chris Fuller replied correct. Commissioner
Dudziak questioned if that will be sufficient to cover any potential
problems that could occur? Chris Fuller replied the reserve funding
incorporates both the roadway and drainage facilities.
Commissioner Phelps replied wanting to see the minimum open space
requirement met, regardless of the addition of Lot 45. He stated the
greenbelt area could remain private, an easement, serves as an
extension of the back yard, but if that were the case, it would then need
to be exclude from the open space calculation.
Commissioner Byerly replied the developer will need to redo his plan
with some of these changes. Commissioner Phelps stated as long as
the developer could come up with the 20% open space requirement, it
could be done during the platting of the development.
Commissioner Taylor stated this type of house does not require as much
yard.
Commissioner Dudziak replied there need to be more spaces for
community gatherings.
Commissioner Phelps questioned Commissioner Taylor if she would be
willing to amend the motion to include a certain percentage for open
space instead of a lot configuration? Commissioner Taylor concurred
and replied this could be worked out tonight.
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Commissioner Byerly recapped the motion being to approve the zoning
request with concrete sidewalks, the HOA dues $300, adding 25% more
trees and bringing the open space up to 20%.
Commissioner Redfearn replied not being concerned with the concrete
sidewalks, as long as the sidewalks are in compliance, whether or not
they are concrete or crushed granite does not matter. He stated wanting
to be clear that a separate assessment from the HOA to cover the street
and drainage of $300 per lot assessed to go directly to the drainage and
street maintenance. City Attorney Kallas replied that being set up by the
private ordinance as far as what HOA requirement is and where it goes
has already been set by City Council. Commissioner Redfearn stated he
wanted those lots on Lavaca Trail to look and feel like R20 lots.
Commissioner Phelps questioned staff regarding if the setbacks on
those three lots on Lavaca Trail have been confirmed to conform to the
R20 setback code? Chris Fuller replied they are consistent with the
proposed conceptual site plan.
Commissioner Byerly proposed an amendment that there be three lots
on Lavaca Trail that is consistent with the R20 regulations on Lavaca
Trail.
Both Commissioner Taylor and Commissioner Phelps accepted the
friendly amendments.
Commissioner Dudziak stated the open space, in the ordinance, the
open space may be used for retention, does having this worded like this
make this development be compliant with the general codes? Chris
Fuller replied they will have to adhere to the zoning ordinance conditions
put in place and also to the drainage standards in the Land Development
Code.
Commissioner Byerly recapped the motion being to approve the zoning
request with concrete sidewalks and internal trails, the HOA dues $300,
adding 25% more trees and bringing the open space up to 20% and the
three lots on Lavaca Trail be consistent with the R20 zoning district
regulations.
The motion failed by the following vote:
Aye: 3 -Knox, Redfearn, Taylor
Nay: 3 -Dudziak, Phelps, Byerly
Absent: 1 -Duffy
Commissioner Phelps made the identical motion excluding the internal
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trails be made of concrete versus crushed rock. Commissioner Taylor
seconded.
Commissioner Dudziak stated having the sidewalks put in with concrete
keeps the maintenance down on those sidewalks.
Commissioner Phelps concurred having something more permanent for
the construction of the sidewalk, but leave to the developer to decide the
material to use for the construction.
Commissioner Byerly replied wanting to see the open space percentage
brought up to the minimum with something more usable.
Commissioner Phelps questioned staff regarding would this issue come
back at platting or would it need to conform to the criteria being
presented? City Attorney Kallas replied being a PUD would have to
conform to the concept plan as part of the ordinance. He stated the
platting would have to conform to this.
Commissioner Dudziak questioned staff regarding if the Commission
wanted 20%, if it were to be turned down tonight as is, he could come
back with a different kind of plat or preliminary plat that would show a
different configuration of the open space. City Attorney Kallas stated if
this request were to be turned down tonight, the developer could not
come back with this particular subdivision. It would have to conform with
the existing zoning, which is half office and half R40. Commissioner
Dudziak questioned staff if the applicant could reapply? City Attorney
Kallas concurred. Commissioner Dudziak questioned staff if the item
were to be continued, could the developer bring it back reconfigured?
City Attorney Kallas replied if there is no ability to reach a consensus
tonight, then the Commission should consider a motion to continue so
that the developer may have a chance to come back.
Commissioner Taylor questioned staff if the developer could be brought
back up to resolve the issues tonight? City Attorney Kallas replied there
being a motion and a second, the vote should be called.
Commissioner Byerly stated the developer would not be able to present
something to the Commission tonight that would resolve the open space
issue on the fly. He suggested continuing the case to allow for the
developer to present a new lot configuration.
Commissioner Phelps concurred and stated he thought the plat would
come back after the zoning was approved for approval by the
Commission and the Commission could see the developer's changes at
the time of platting. City Attorney Kallas stated the developer would
have to put forth a plan that would comply with the recommendations
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made by the Commission at the time of their approval.
Commissioner Redfearn stated being supportive of continuing this item.
Commissioner Phelps withdrew his motion and Commissioner Taylor
withdrew her second.
Commissioner Redfearn moved to continue case Z-07-018 to the June
25, 2007 meeting. Commissioner Knox seconded.
The motion carried by the following vote:
Aye: 4 -Knox, Dudziak, Redfearn, Phelps
Nay: 2 -Taylor, Byerly
Absent: 1 -Duffy
8c Approval of a Zoning Change from CN-Neighborhood Commercial to
CC2-Shopping Center on Lots 1-4, Block 1 of the C-D Subdivision
located at 6513 and 6515 Colleyville Boulevard and 1700 and 1706
Tarrant Lane, Case Z-07-019
Chris Fuller presented the case and briefed the Commission on both this
case Z-07-019 and case Z-07-020; however motions and votes were
made separately.
Commissioner Byerly opened the public hearing at 8:36 p.m.
Scott Van Doren, the applicant, came forward to present the case and
brief the Commission.
Commissioner Phelps questioned Mr. Van Doren regarding what other
properties have you looked at for this project that are currently zoned
CC2? Mr. Van Doren replied having looked at several properties in
Colleyville; however, this property met the demographics and traffic
count with easy access.
Commissioner Taylor questioned Mr. Van Doren regarding if he is aware
of the number of car washes in the area? Mr. Van Doren replied yes.
Commissioner Dudziak questioned Mr. Van Doren regarding if he is
familiar with the TX Dot meetings to expand Colleyville Boulevard? Mr.
Van Doren replied yes and he stated being aware of the entrances
planned by TX Dot for this property.
Commissioner Dudziak questioned Mr. Van Doren regarding if there will
be a paintless dent repair facility on this property? Mr. Van Doren
replied yes, in a contained stall.
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Commissioner Taylor questioned Mr. Van Doren if he could make this
plan work with only one entrance on Tarrant Lane, closing the one closer
to the neighborhoods? City Attorney Kallas replied this being a straight
zoning request, the particular layout of the lot is not relevant, that would
be for the time of platting.
John Williams, 6601 Kennedy Drive, stated being opposed to this
request with concerns to the traffic and congestion on Tarrant Lane.
Donna Sharon, 2007 Kyle Court, stated being more opposed to this
project with the entrances on Tarrant Lane. She stated this is not what
the residents of Ross Downs want.
Michael Muhm, 6607 Connie Lane, stated being concerned with the
traffic and stated this not being the best use for this property. He stated
being opposed to the alcohol use for this business, does not seem to be
the right fit for this particular business. He stated this does not fit with
the Master Plan.
Joseph Elieson, 2003 Kyle Court, stated being concerned with the traffic
on Tarrant and stated being concerned with alcohol sales because of the
littering.
Terry Hardin, 6911 Meade Drive, stated being opposed to the rezoning
request with issues of traffic and stated he does not see the connection
with alcohol for this business.
Melissa Bowen, 5906 Meadowhill Drive, stated being in favor of the
rezoning request and the project.
Yvonne Gilliam, 2007 Tarrant Lane, stated the building is beautiful,
stated not being in favor of this location with concerns for traffic on
Tarrant Lane and stated not seeing the connection with this business for
alcohol sales.
There being no one wishing to speak, the public hearing was closed at
8:55 p.m.
Mr. Van Doren came forward to speak for his request and address the
concerns of the neighbors.
Commissioner Dudziak questioned Mr. Van Doren if there is a plan to
get this business through during the construction of Colleyville
Boulevard? Mr. Van Doren replied yes and stated he has set aside a
certain amount of money to carry through the construction phase.
Commissioner Taylor questioned Mr. Van Doren regarding if there is any
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other place in Colleyville where he could put his business? Mr. Van
Doren replied he spent several months on the property at Colleyville
Boulevard and John McCain but the property is very expensive. The
business closed because the owner went through a divorce.
Commissioner Taylor questioned Mr. Van Doren regarding the properties
at Glade and Colleyville Boulevard? Mr. Van Doren replied there are
some car washes closer to that area and with the general growth
movement being further north; he wanted to place his business north.
Commissioner Phelps questioned Mr. Van Doren regarding if the land at
Glade and Colleyville Boulevard is where the old Sonic and Taco Bell
buildings are located? Mr. Van Doren replied yes and the prices for
those properties are higher than premium, the very high end.
Commissioner Redfearn questioned staff regarding the zoning atlas
shows these properties to be zoned CC2, is there an error, are these lots
already zoned CC2? Chris Fuller replied the properties are zoned CN,
the zoning atlas has a clerical error on the map.
The Commission adjourned for a break at 9:02 p.m.
The Commission resumed the meeting at 9:11 p.m.
Chris Fuller stated on June 2, 2005, City Council approved a zoning
change request from the ML-Light Manufacturing zoning district to the
CN-Neighborhood Commercial zoning district.
Commissioner Redfearn questioned staff if there are any restrictions
regarding the placement of a business that either sell alcohol for on site
or off site consumption around churches? Chris Fuller replied yes and
that distance is 300 feet and is measured from the door of the
establishment to the door of the institution.
Commissioner Byerly questioned staff regarding if the site plan meets
that criteria? Chris Fuller replied given that there has not been a site
plan submitted to determine where the door is on the building, it could be
in compliance.
Commissioner Dudziak questioned staff if the CC2 designation where to
be changed for whatever reason, and this piece of property requires a
second use, would a 24 hour operation be allowed? Chris Fuller replied
unless otherwise stipulated in the zoning ordinance, it would be allowed.
Commissioner Dudziak stated there are other uses available which are
permitted by right in the CC2 zoning district such as drive thru
restaurants, food catering, and equipment rental. Chris Fuller replied
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there are a variety of uses that would be allowed in the CC2 zoning
district.
Commissioner Dudziak questioned staff regarding the paintless dent
repair, would that require a SUP for that use? Chris Fuller replied in the
opinion of staff that would be an auto repair function that would require a
SUP by City Council.
Commissioner Dudziak questioned staff regarding lighting requirements
and noise issues, are there requirements for a CC2 use like this, are
they going to be 20 foot high and will they be on for a certain amount of
time for safety purposes? Chris Fuller replied those are covered under
the nuisances ordinances which are the same throughout the city and
the applicant would be required to adhere to the lighting ordinances.
Commissioner Redfearn questioned staff that an approval of a change in
zoning from CN to CC2, that CC2 zoning designation would survive
regardless of the future of the business until such a time it was changed
again? Chris Fuller concurred, approval of the straight zoning would
allow all of the uses in the CC2 zoning district in perpetuity unless a
rezoning request was brought forward in the future.
Commissioner Byerly questioned staff regarding how big is the
notification area? Chris Fuller replied for the straight zoning request, the
notification area is 200 feet and for the SUP request for alcohol sales,
the notification area is 500 feet. Commissioner Byerly stated when
looking at the 200 feet notification list, there are no residences on that
notification? Chris Fuller concurred. Commissioner Byerly stated there
being residences in the 500 foot notification list. Chris Fuller concurred.
Commissioner Byerly moved to approve case Z-07-019. Motion dies for
lack of second.
Commissioner Dudziak moved to deny case Z-07-019. Commissioner
Phelps seconded.
Commissioner Redfearn stated his issue is with the CC2 zoning district.
He stated there is some durability and the range of possibilities for the
CC2 zoning district would not be appropriate for this location. He stated
he would like to see this business in Colleyville.
Commissioner Taylor stated wanting to see this business in Colleyville,
just not on this corner.
Commissioner Byerly stated this being a good place for this project and
a good use for this odd shaped parcel and stated being sorry for turning
down a commercial prospect.
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June 11, 2007
Commissioner Phelps stated wanting to see this business, it would fit
Colleyville and the image, but stated being opposed to the CC2 zoning
designation.
Commissioner Dudziak stated the residents of Ross Downs have been in
favor of commercial businesses, however, the CC2 zoning designation is
not a good fit for this property with too many unwanted possibilities.
However, if a rezoning request had been presented as a PUDC, there
may have been some other opportunities for this area and would
encourage the applicant to come forward with a different request.
The motion to deny carried by the following vote:
Aye: 5 -Knox, Dudziak, Redfearn, Taylor, Phelps
Nay: 1 -Byerly
Absent: 1 -Duffy
8d Approval of a request for a Special Use Permit for alcohol sales on Lots
1-4, Block 1 of the C-D Subdivision located at 6513 and 6515 Colleyville
Boulevard and 1700 and 1706 Tarrant Lane, Case Z-07-020
The discussion for this item is contained in the previous zoning case
minutes, however, the motion and vote were made separately, see
below.
Commissioner Taylor moved to deny case Z-07-020. Commissioner
Phelps seconded.
The motion carried by the following vote:
Aye: 5 -Knox, Dudziak, Redfearn, Taylor, Phelps
Nay: 1 -Byerly
Absent: 1 -Duffy
8e Approval of a request for a zoning change from R20-Single Family
Residential to R40-Single Family Residential on 1.86 acres out of the
O.C. Strum Survey located at 5904 Bransford Road, Case Z-07-021
Chris Fuller presented the case and briefed the Commission.
Commissioner Byerly opened the public hearing at 9:26 p.m.
There being no one wishing to speak, the public hearing was closed at
9:26 p.m.
Commissioner Phelps moved to approve case Z-07-021. Commissioner
Taylor seconded.
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Planning and Zoning Commission Minutes -Final
June 11, 2007
Commissioner Phelps questioned staff if there are any issues with
allowing horses into this particular area? Commissioners had none.
The motion carried by the following vote:
Aye: 6 -Knox, Dudziak, Redfearn, Taylor, Phelps, Byerly
Absent: 1 -Duffy
9. STAFF COMMENTS, REPORTS AND DISCUSSION ITEMS
Chris Fuller introduced Ron Ruthven ,the new development coordinator.
10. COMMISSIONERS' COMMENTS AND REPORTS
Commissioner Dudziak gave congradulations to Fire Marshal Rob
McKeown for the life saving award.
11. ADJOURNMENT
Meeting adjourned at 9:27 p.m.
I hereby certify the above agenda was posted on the bulletin boards at City Hall
on Thursday, June 7, 2007 by 5:00 p.m.
Amy Shelley, Planning and Zoning Assistant
The meeting minutes were approved on June 25, 2007.
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