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Minutes -Final www.colleyville.com
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Planning and Zoning Commission
Monday, November 13, 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 November 13,
2006 at 7:00 p.m.
2. ROLL CALL
Present: Commissioners Robert McCormick, Dave Dudziak, Scott
Redfearn, Mary Taylor, David Phelps, Denis Duffy, Jeff Byerly
Staff Members: Barry LeBaron, Chris Fuller, Robert McKeown and
Chad Bartee
3. INVOCATION
The invocation was given by Commissioner Dudziak.
4. PLEDGE OF ALLEGIANCE
5. APPROVAL OF MINUTES
Commissioner Byerly stated City Attorney Michael Kallas needs to be
placed throughout the minutes. The attorney's last name had been
mispelled.
Commissioner Duffy stated the word codicil was misspelled in item
number 11.
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Commissioner Duffy moved to approve the minutes with
corrections. Commissioner Dudziak seconded.
The motion carried by the following vote:
Aye: 7 - McCormick, Dudziak, Redfearn, Taylor, Phelps, Duffy,
Byerly
6. CITIZEN COMMENTS REGARDING ITEMS NOT ON THE AGENDA
None
7. REGULAR AGENDA ITEMS
7a Consideration of appointments to the Park Land Dedication Committee
Barry LeBaron briefed the Commissioners regarding the Parkland
Dedication Committee.
Commissioner Redfearn moved to appoint Commissioner Duffy to
the Parkland Dedication Committee. Commissioner Dudziak
seconded.
The motion carried by the following vote:
Aye: 7 - McCormick, Dudziak, Redfearn, Taylor, Phelps, Duffy,
Byerly
8. PUBLIC HEARING AGENDA ITEMS
8a Case Z-06-026- PUBLIC HEARING - Request fora zoning change from
R40-Single Family Residential to R20-Single Family Residential on 1.06
acres on Lot 5, Block 1 of the Alianne Estates located at 6214 Theresa
Lane
Chris Fuller presented the case and briefed the Commissioners.
Commissioner Byerly opened the public hearing at 7:13 p.m.
Dean Larson, the applicant, came forward to present the case and brief
the Commissioners regarding the rezoning request.
There being no one wishing to speak, the public hearing was closed at
7:15 p.m.
Commissioner Duffy moved to deny case Z-06-026. Commissioner
Byerly seconded.
Commissioner Duffy disagreed with the rezoning request and stated this
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will set the precedent for subdividing other R40 properties.
Commissioner Byerly concurred with Commissioner Duffy.
The motion carried by the following vote:
Aye: 7 - McCormick, Dudziak, Redfearn, Taylor, Phelps, Duffy,
Byerly
8b Approval of a Request fora Special Use Permit on 17 acres out of the
R.N. McEwing Survey and the McEwing Addition located at 712-900
Lavaca Trail, Case Z-06-027
Chris Fuller presented the case and briefed the Commissioners.
Barry LeBaron briefed the Commissioners regarding a study being
conducted concerning the traffic issues on Lavaca Trail and the
surrounding area.
Commissioner Dudziak questioned staff if the Remington Park
subdivision is served by the Liberty Elementary School in the Keller
school district? Barry LeBaron replied the majority does not.
Commissioner Redfearn stated some do go to that elementary school.
Commissioner Byerly opened the public hearing at 7:20 p.m.
Jeffrey Zimmerman, the applicant, came forward to present the case and
brief the Commissioners.
Ron Shirley, 638 Castlrock, Southlake, stated he would like to see a
conceptual plat or drainage study done before the rezoning request is
approved. Other developers in this area have had to do so before
rezoning their properties.
There being no one wishing to speak, the public hearing was closed at
7:30 p.m.
Commissioner Duffy made motion to seperate the Special Use Permit
(SUP) and rezoning as two seperate issues. Commissioner Taylor
seconded.
Commissioner Byerly questioned Mr. Zimmerman regarding if the R20
zoning would be acceptable without the SUP? Mr. Zimmerman stated
he needs the SUP with the R20 zoning to allow for the grazing animals.
Commissioner Taylor questioned Mr. Zimmerman how many animals are
there currently? Mr. Zimmerman replied six cattle and two calfs.
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Commissioner Phelps questioned Mr. Zimmerman for clarity the cattle
are allowed now with the R40 zoning due to being "grandfathered" in?
Mr. Zimmerman replied correct.
Commissioner Duffy moved to deny case Z-06-027. Commissioner
Dudziak seconded.
Commissioner Duffy stated this commission needs to plan for the traffic
and drainage before approving more homes in this area. He stated this
area is not well planned. He suggested to deny this zoning case until a
general overall study has been completed because Lavaca Trail needs
to be improved.
Commissioner Taylor concurred with Commissioner Duffy.
Commissioner Phelps stated the history shows this rezoning would be
reasonable, however, without having a drainage study or traffic study
completed, it will not be a good decision to rezone. The timing for
rezoning is premature for this property.
Commissioner Dudziak stated understanding why Mr. Zimmerman wants
to rezone and thanked Mr. Zimmerman for keeping the rural feel for as
long as he has.
Commissioner Byerly disagreed and stated understanding Mr.
Zimmerman's issues. He stated a plat and a drainage study is not
required for rezoning. He stated it is not necessary to see a preliminary
plat for rezoning.
Commissioner McCormick questioned the Commissioners regarding why
are we opposing what has been asked for in the past? Commissioner
Taylor replied not opposing the actual R20 zoning, it is opposing it for all
of the other reasons, the traffic and drainage for this area
Commissioner McCormick stated the roads will be built once the homes
are built.
Commissioner Phelps stated it is not really the same without having a
plat to look at in the beginning. If Mr. Zimmerman chose to keep the
middle lot and sell the ones around him, then there would be two smaller
R20 developments.
Commissioner Redfearn agreed with many concerns, the timing on this
request is too soon. Over the next few months, the studies will be
complete and will give further insight.
Commissioner Byerly questioned staff if the time limit is one year for this
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applicant to come forward with the same rezoning request? Barry
LeBaron replied the one year time frame only comes into affect if the
council were to deny the zoning.
The motion carried by the following vote:
Aye: 5 -Dudziak, Redfearn, Taylor, Phelps, Duffy
Nay: 2 -McCormick, Byerly
Commissioner Byerly move to approve the Special Use Permit as
provided in the code. Commissioner Taylor seconded.
Commissioner Duffy stated the Special Use Permit stays with the land,
but if the land is subdivided, the Special Use Permit goes away. Both
movers accepted.
The motion carried by the following vote:
Aye: 7 - McCormick, Dudziak, Redfearn, Taylor, Phelps, Duffy,
Byerly
9. TABLED ITEMS
9a Case G-06-028- Consider amending the Planning and Zoning
Commission's Rules of Procedure
Commissioner Duffy moved to remove case G-06-028 from the
table. Commissioner Byerly seconded.
The motion carried by the following vote:
Aye: 6 -McCormick, Redfearn, Taylor, Phelps, Duffy, Byerly
Nay: 1 -Dudziak
Barry LeBaron briefed the Commissioners regarding this item.
Commissioner Redfearn moved to approve case G-06-028.
Commissioner Phelps seconded.
The motion carried by the following vote:
Aye: 7 - McCormick, Dudziak, Redfearn, Taylor, Phelps, Duffy,
Byerly
10. STAFF COMMENTS, REPORTS AND DISCUSSION ITEMS
Barry LeBaron thanked the Commissioners for being present at the
workshop on November 2, 2006.
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11. COMMISSIONERS' COMMENTS AND REPORTS
Commissioner Dudziak stated wanting to see the study for Lavaca Trail
to help make better decisions.
Commissioner Byerly stated he wants the new procedures for the public
hearing on the back of the speaker cards. Barry LeBaron replied we
would do so.
Commissioner Byerly reminded everyone regarding the holidays, to bring
calendars to the next meeting to make sure there is enough people to
meet. Barry LeBaron stated the developers are busy as well.
12. 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 November 9, 2006 by 5:00 p.m.
Amy Shelley, Planning and Zoning Assistant
Minutes approved on November 27, 2006.
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