HomeMy WebLinkAboutPlanning and Zoning Commission-Minutes-11/12/2007~'~=~ City of Colleyville
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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
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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
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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
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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
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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
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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.
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