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HomeMy WebLinkAboutPlanning and Zoning Commission-Minutes-11/12/2007~'~=~ City of Colleyville '~ ~:. ~~ `~~~ ~~°' Minutes -Final ,~~~.., Planning and Zoning Commission 100 Main Street Colleyville, Texas 76034 (817) 503-1000 www.colleyville.com Monday, November 12, 2007 6:15 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 DISCUSSION OF PREVIOUS MEETING MINUTES DISCUSSION OF THE DECEMBER PLANNING AND ZONING COMMISSION MEETING SCHEDULE 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 November 12, 2007 at 7:00 p.m. 2. ROLL CALL Present: Commissioners Dave Dudziak, Scott Redfearn, Michael Clardy, David Phelps, Denis Duffy, Jeff Byerly Absent: Commissioner Larry Knox Staff Present: Ron Ruthven, Chris Fuller, Chad Bartee, Rob McKeown and Amy Shelley 3. INVOCATION The invocation was given by Commissioner Phelps. 4. PLEDGE OF ALLEGIANCE 5. APPROVAL OF MINUTES Commissioner Dudziak moved to approve the October 22, 2007 meeting City of Colleyville Page 1 Printed on 11/27/2007 Planning and Zoning Commission Minutes -Final November 12, 2007 minutes with the vote correction made on item 8a to reflect Commissioner Redfearn as absent and Commissioner Dudziak as present for an aye vote. Commissioner Phelps seconded. The motion carried by the following vote: Aye: 6 -Dudziak, Redfearn, Clardy, Phelps, Duffy, Byerly Absent: 1 -Knox 6. 7. 7a CITIZEN COMMENTS REGARDING ITEMS NOT ON THE AGENDA None REGULAR AGENDA ITEMS Approval of a Preliminary Plat for The Enclave at Arbor Estates Addition located at 2505-2509 Hall Johnson Road, Case P-07-052 Ron Ruthven presented the case and briefed Commissioners. Commissioner Duffy questioned staff regarding if the Homeowner Association documents have been submitted? Ron Ruthven replied there is not a Homeowner Association agreement required since there is not a private street. Commissioner Duffy questioned staff regarding who will be responsible for the maintenance of the open spaces? Ron Ruthven replied the open spaces are dedicated as part of the plat. Commissioner Duffy questioned staff regarding who have the open spaces been dedicated to? Ron Ruthven replied the Homeowners Association will maintain the open spaces. Commissioner Duffy questioned staff regarding where are the Homeowners Association documents? Chris Fuller replied it has been customary for the Homeowners Association documents to be submitted and reviewed by the City Attorney's office in the event of a privatized street. He stated for normal plats that have Homeowner Association notations on the plat, otherwise the maintenance would be placed on that owner in the event that a HOA is not formed. Commissioner Duffy questioned staff regarding if the homeowner's are required to join the HOA and pay fees for it? Chris Fuller replied if the developer has determined that he is not going to have a HOA, someone will sti(I own that open space property and be responsible for it. Commissioner Duffy questioned staff regarding how will the City be protected? City Attorney Kallas replied the HOA and the enforcement of the City's code regarding maintenance of that would be the responsibility of the Code Enforcement Department, which in this case will not hold up the approval of this plat. Commissioner Duffy stated he understood, however, according to the code, the developer is required to state his City of Colleyville Page 2 Printed on 11/27/2007 Planning and Zoning Commission Minutes -Final November 12, 2007 intentions for the plat. City Attorney Kallas reminded Commissioner Duffy that those things are not relevant to the approval of the plat. Commissioner Byerly moved to approve case P-07-052. Commissioner Redfearn seconded. The motion carried by the following vote: Aye: 6 -Dudziak, Redfearn, Clardy, Phelps, Duffy, Byerly Absent: 1 -Knox 7b Approval of a Final Plat for The Enclave at Arbor Estates Addition located at 2505-2509 Hall Johnson Road, Case P-07-053 Ron Ruthven presented the case and briefed the Commissioners. Commissioner Redfearn moved to approve case P-07-053. Commissioner Clardy seconded. The motion carried by the following vote: Aye: 6 -Dudziak, Redfearn, Clardy, Phelps, Duffy, Byerly Absent: 1 -Knox Commissioner Duffy questioned staff regarding if there is anyway for staff to let the Commissioners know what the developer's intentions are for the open space and who will maintain it. Ron Ruthven acknowledged. 8. PUBLIC HEARING AGENDA ITEMS 8a Approval of a request for a zoning change from RE-Residential Estate and AG-Agricultural to R40-Single Family Residential on 1.8 acres on Tract 6 of the Pleasant Run Estates Addition located at 6600 Pleasant Run Road, Case Z-07-034 Ron Ruthven presented the case and briefed the Commissioners. Commissioner Phelps questioned staff regarding what will diminish the size of the lots? Ron Ruthven replied that right of way dedications on the replat. Commissioner Dudziak questioned staff regarding if that would be for both McDonwell School Road and Pleasant Run Road? Ron Ruthven replied that would be determined at the time of platting as to which or if both will be required. Commissioner Phelps questioned staff regarding if sidewalks will be required on both of the streets? Ron Ruthven replied yes, at the time of City of Colleyville Page 3 Printed on 11/27/2007 Planning and Zoning Commission Minutes -Final November 12, 2007 building permits sidewalks would be required. Commissioner Redfearn questioned staff regarding if R40 requires a 25 foot setback on the front? Ron Ruthven replied it requires a 40 foot setback on the front as does RE zoning. Commissioner Duffy questioned staff regarding if the setback on the exhibit is correct? Ron Ruthven replied it is incorrect; it should have a 40 foot setback not a 25 foot setback as indicated on the exhibit. Commissioner Duffy questioned staff regarding if there are right of way dedications required for both roads? Ron Ruthven replied that the Master Thoroughfare Plan does require additional right of way for both roads, however, as far as how much right of way is required has not been determined. Commissioner Duffy stated right of way would be required. Ron Ruthven concurred. Commissioner Byerly opened the public hearing at 7:20 p.m. Mark Cameron, the applicant, 6600 Pleasant Run Road, came forward to present the case and brief the Commissioners. Commissioner Duffy questioned Mr. Cameron if the entrances will come off of Pleasant Run Road or McDonwell School Road? Mr. Cameron replied not knowing at this time for the lot adjacent to Pleasant Run Road, he stated it would depend on the design of the new home. Commissioner Duffy and Mr. Cameron discussed the issues stated in the Development Review Committee memo and the Applicant's Response. Staff concurred with the Development Review Committee memo. Commissioner Redfearn questioned Mr. Cameron what is the rational for rezoning since all of the properties around are zoned RE? Mr. Cameron replied he does not want to have to take care of 1.85 acres. He wants a more modest home. Commissioner Phelps stated because of the right of way dedication for Pleasant Run Road and McDonwell School Road, the future lots may not meet the R40 zoning district requirements. He stated he would not be in favor of having lots that will not comply with the R40 zoning district requirements. Keath Hance, 6504 Cutter Ridge Court, spoke on behalf of the Cutter Ridge Homeowners Association, and stated they oppose the R40 rezoning request. There being no one wishing to speak, the public hearing was closed at City of Colleyville Page 4 Printed on 11/27/2007 Planning and Zoning Commission Minutes -Final November 12, 2007 7:36 p.m. Commissioner Phelps questioned if the letter from the Homeowners Association is on file with the City? Mr. Hance replied yes. Commissioner Duffy questioned Mr. Hance how does his property drain? Mr. Hance replied to the north across McDonwell School Road. Commissioner Byerly questioned staff regarding what are the differences between the RE and R40 zoning districts. Ron Ruthven replied the RE zoning district requires 80,000 square feet whereas the R40 zoning district requires 40,000 square feet. He stated the RE zoning district requires 200 feet of frontage and a lot depth a little longer than R40. He stated there are some similarities, but the RE zoning district is twice the size of R40 zoning district. Commissioner Phelps questioned staff regarding how much would the second lot not be in compliance with the R40 zoning district? Ron Ruthven replied not knowing what those dimensions or specific numbers would be without a plat. Commissioner Byerly questioned staff if two conforming lots of R40 could be platted for this property? Ron Ruthven replied it would be difficult to get two conforming R40 lots on this property. Commissioner Phelps stated liking the RE zoning in this area and stated he understood what Mr. Cameron wants to do. However, he stated he would rather keep the RE zoning districts intact for this area. He stated this property conforms to the City's plan for this neighborhood. Commissioner Dudziak concurred and moved to deny case Z-07-034. Commissioner Phelps seconded. The motion carried by the following vote: Aye: 6 -Dudziak, Redfearn, Clardy, Phelps, Duffy, Byerly Absent: 1 -Knox 9. 10 STAFF COMMENTS, REPORTS AND DISCUSSION ITEMS None COMMISSIONERS' COMMENTS AND REPORTS Commissioner Byerly stated there will be a quorum for the meeting to be held the Monday after Thanksgiving. He stated the second meeting for December will be cancelled since it will fall on Christmas Eve. He stated the requirements will have been met for December since the first meeting in December will be held on December 10th. He reminded the City of Colleyville Page 5 Printed on 11/27/2007 Planning and Zoning Commission Minutes -Final November 12, 2007 Commissioners regarding the joint meeting with City Council to be held on December 19th. He stated staff will let the Commission know if there are plats that will need to go before the Commission before the joint meeting with City Council. 11. ADJOURNMENT The meeting adjourned at 7:42 p.m. I hereby certify the above agenda was posted on the bulletin boards at City Hall on Friday, November 9, 2007 by 12:00 p.m. Amy Shelley, Planning and Zoning Assistant The meeting minutes were approved on November 26, 2007. City of Colleyville Page 6 Printed on 11/27/2007