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HomeMy WebLinkAboutPlanning and Zoning Commission-Minutes-1/14/2008~ Cit of Colle V~~~@ 100 Main Street Y Y Colleyville, Texas 76034 ~~~ ~~~~~ (817) 503-1000 f~ MInUt@S -Final www.colleyville.com Planning and Zoning Commission Monday, January 14, 2008 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 7:00 P.M. REGULAR MEETING 1. CALL TO ORDER The Planning and Zoning Commission meeting of the City of Colleyville was called to order by Chairman Byerly on January 14, 2008 at 7:05 p.m. 2. ROLL CALL Present: Commissioners Larry Knox, Dave Dudziak, Scott Redfearn, Michael Clardy, David Phelps, Denis Duffy, Jeff Byerly Staff Present: Chris Fuller, Ron Ruthven, Justin Bass, Jeremy Hutt, Mike Johnston, Scott Welmaker and Amy Shelley 3. INVOCATION The invocation was given by Commissioner Redfearn. 4. PLEDGE OF ALLEGIANCE 5. APPROVAL OF MINUTES Commissioner Phelps moved to approve the meeting minutes as written. Commissioner Redfearn seconded. The motion carried by the following vote: Aye: 7 -Knox, Dudziak, Redfearn, Clardy, Phelps, Duffy, Byerly City of Colleyville Page 1 Printed on 2/13/2008 Planning and Zoning Commission Minutes -Final January 14, 2008 6. CITIZEN COMMENTS REGARDING ITEMS NOT ON THE AGENDA None 7. REGULAR AGENDA ITEMS 7a Approval of a Minor Plat for Lot 1, Block 1 of the Thomas Cole Addition on 1.9 acres located at 4812 Bransford Road, Case P-08-001 Ron Ruthven presented the case and briefed the Commissioners. Commissioner Redfearn moved to approve case P-08-001. Commissioner Knox seconded. Discussion occurred between Commissioner Duffy and staff regarding the placement of the new home, plans for the back lot and drainage. Ron Ruthven stated the drainage improvements would be approved upon issuing building permits. The motion carried by the following vote: Aye: 6 -Knox, Dudziak, Redfearn, Clardy, Phelps, Byerly Nay: 1 -Duffy 8. PUBLIC HEARING AGENDA ITEMS 8a Approval of a request for a zoning change from R40-Single Family Residential to R30-Single Family Residential on 1.5 acres on Tract 2F02, Abstract 1692 of the Joseph White Survey located at 6101 Hunter Lane, Case Z-08-001 Commissioner Byerly recused himself from this agenda item. Commissioner Duffy, Vice Chairman, chaired the meeting. Ron Ruthven presented the case and briefed the Commissioners. Commissioner Phelps questioned staff regarding if the request is to be approved, the plat will require a waiver? Ron Ruthven replied yes, if the intent is to subdivide the property, the applicant will have to request a waiver to the plat width. Commissioner Redfearn questioned staff regarding who has the authority to grant the waiver request? Ron Ruthven replied the Planning and Zoning Commission. Discussion occured between Commissioner Duffy and staff regarding the location of the south boundary using the exhibits. City of Colleyville Page 2 Printed on 2/13/2008 Planning and Zoning Commission Minutes -Final January 14, 2008 Commissioner Duffy opened the public hearing at 7:18 p.m. Jerry Moore, 700 Shelton Drive, the applicant, came forward to present the case and brief the Commission. There being no one wishing to speak, the public hearing was closed at 7:20 p.m. Commissioner Phelps stated there was an issue similar to this that required future waivers, therefore, he stated he would be against approving a zoning that does not meet the existing requirements. He stated there was also an issue regarding the accuracy of the location of the southern property line. Commissioner Clardy questioned staff if the zoning request was R20 instead of R30, would the zoning district requirements be met for the frontage requirements? Ron Ruthven replied yes. Commissioner Redfearn stated this area has a variety of zoning districts, therefore the request would fit in this area. He stated not being in favor of allowing a future waiver requirement for the frontage on Hunter Lane. He stated having reluctance on the waiver request. Commissioner Phelps stated the intent is to split the lot. City Attorney Kailas stated the future use has some relavancy to the comparible uses surrounding the subject property. However, he stated the considerations regarding a plat with a waiver is not part of this discussion. Commissioner Phelps stated there are no specific objections to R40 or R30, however, there is an objection to R30 with a waiver request to split the lot into two lots. He stated having no objection to having the lot stay at one lot with an R30 zoning district because it would be consistent with the neighborhood. He stated not being in support of the intent to split the lot with the R30 zoning distrcit and have the lot not meet the zoning district standards. Commissioner Redfearn questioned Mr. Moore regarding what is the R30 zoning worth if the lot can not be subdivided into two lots? Mr. Moore stated the purpose of the R30 zoning is to subdivide the lot into two lots. Commissioner Redfearn questioned Mr. Moore if he understood that the decision around the waiver would come at a later date? Mr. Moore replied correct. Commissioner Duffy stated the frontage of 102 feet is only 2 feet over the frontage requirements for R20. He stated that a previous request for R20 was denied by the Commission. Commissioner Phelps moved to deny case Z-08-001. Commissioner City of Colleyville Page 3 Printed on 2/13/2008 Planning and Zoning Commission Minutes -Final January 14, 2008 Redfearn seconded. The motion carried by the following vote: Aye: 7 -Knox, Dudziak, Redfearn, Clardy, Phelps, Duffy, Byerly 8b Approval of a request for a zoning change from AG-Agricultural to R20-Single Family Residential on 6.4 acres out of the George W. Teeter Survey located at 1301 Glade Road, Case Z-08-002 Commissioner Byerly rejoined the Commission to chair the meeting. Ron Ruthven presented the case and briefed the Commissioners. Commissioner Clardy questioned staff regarding if the first lot conforms to the estate lots? Ron Ruthven stated with the right of way dedication requirement along Glade Road the lot may be reduced to 30,000 square feet, as proposed. He stated the applicant is not bound to that size; the applicant could put it at 20,000 square feet. Commissioner Dudziak questioned staff regarding if the proposed drainage and landscaped area is where the proposed easement will come from? Ron Ruthven replied the proposed drainage and landscaped area, is a part of Lot 1 on the exhibit. Commissioner Duffy questioned staff regarding what changes to Glade Road will be required to take the water run off from Riverwalk into this swell and who is responsible for making those changes? Ron Ruthven replied that any changes to the right of way and any drainage requirements would have to meet the approval of the Public Works Department. Commissioner Duffy questioned staff regarding if larger conduits under Glade Road are required to handle the water run off, who will pay for it? Ron Ruthven replied the subject property is on the south side of Glade Road, therefore the drainage upstream will not change as a result of this development. Commissioner Duffy questioned staff regarding the construction upstream of Glade Road, to the east of Glade Road, what is happening there? Ron Ruthven replied north of Glade Road, west of Riverwalk, a developer is constructing new office buildings. He stated there is an existing drainage easement on that lot and they are constructing a retaining wall as part of that development. Commissioner Duffy questioned staff regarding if there will be an increased flow onto Glade Road as a result of that development? Ron Ruthven replied no, it met all of the requirements of the Engineering Department when the permit was issued. City of Colleyville Page 4 Printed on 2/13/2008 Planning and Zoning Commission Minutes -Final January 14, 2008 Commissioner Knox questioned staff regarding if there is more room needed for the proposed drainage area, will it come from Lot 1? Ron Ruthven replied yes, as proposed. Commissioner Knox questioned staff regarding if each lot will have to have 100 feet of frontage? Ron Ruthven replied yes. Commissioner Knox stated it appears that Lot 1 has less than 100 feet. Ron Ruthven replied that some of the exhibits may not be clear, however, the drainage area is a part of Lot 1, and therefore the lot width would be calculated with that area. Commissioner Phelps questioned staff regarding what is involved in changing the 100 year flood plain designation? Ron Ruthven replied at the time of platting, the 100 year flood plain does have to meet the requirements of the Engineering Department and they will review it for compliance for the correct boundaries at that time. He stated that new homes that are constructed can be built within the 100 year flood plain as long as the finished floor elevation is two feet above the base of the 100 year flood plain. Commissioner Phelps questioned staff regarding if the developer is responsible to determine where that 100 year flood plain is or are they simply going by an existing survey that designates it and what is involved in changing it? Ron Ruthven replied the plat has to meet the 100 year flood elevations, whether the house is in compliance at the time of building permits or is applied for compliance with existing flood plain ordinances and all other ordinances, for that matter, are checked at that point. Commissioner Phelps questioned staff regarding who determines where the flood plain is? Ron Ruthven replied the Engineering Department is the city custodian regarding the accuracy of the flood plain on the plat. Commissioner Byerly stated that FEMA is the author regarding where the flood plain is drawn and it can be changed with a letter of map revision. Commissioner Duffy stated he would like for the applicant to differentiate on the tree legend because he stated he can not see any differentiation on the tree legend. Commissioner Byerly opened the public hearing at 7:38 p.m. Curtis Young, Sage Group, the applicant, came forward to present the case and brief the Commission. Commissioner Dudziak questioned Mr. Young regarding what is the purpose of the proposed water feature in the front entryway? Mr. Young replied to make the front look better and to give the first three lots an area that they can drain. Commissioner Dudziak questioned if the water feature limits the ability to have an estate lot there? Mr. Young replied no because, from a visual stand point, it will be the front yard to that lot. City of Colleyville Page 5 Printed on 2/13/2008 Planning and Zoning Commission Minutes -Final January 14, 2008 Commissioner Dudziak questioned if Lot 1 will have its driveway facing Brook Crossing? Mr. Young replied yes. Commissioner Duffy questioned Mr. Young regarding how wide is the proposed street? Mr. Young replied the street is 31 feet standard, back curb to back curb. Commissioner Duffy questioned Mr. Young regarding if the circle is 50 feet in diameter? Mr. Young replied yes, the paving is a 41 foot diameter, standard. Commissioner Duffy questioned staff regarding if the pavement needs to be 50 feet or 41 feet for turning the fire truck? Ron Ruthven replied 50 feet of concrete to turn the truck. Mr. Young stated he has had this discussion with the Fire Marshal. Commissioner Duffy questioned staff regarding what is the rule? Ron Ruthven replied he would have to look into it. Commissioner Duffy questioned Mr. Young regarding Lots 8 and 9 are 79 and 84 feet across the front which does not meet R20 frontage requirements, is there a waiver request for that during platting? Mr. Young replied no, they will meet the frontage requirements at the front setback line. He stated the front setback line may have to be pushed back further. Commissioner Duffy questioned Mr. Young regarding if what is depicted on the drawings is not going to be the final? Mr. Young replied those are forward dimensions of the setback line. Commissioner Duffy questioned Mr. Young regarding if those are the trees that are going to be left after the building pads are built? Mr. Young replied there will be other smaller trees as well. He stated those are the largest of the trees that are considered the significant trees and can be saved. Commissioner Duffy questioned Mr. Young regarding if the adjacent property to the east will be able to tie into the proposed street? Mr. Young replied there will be an open space lot between the two properties and that will preclude them from putting any lots on there. Commissioner Phelps questioned Mr. Young if the development will be gated? Mr. Young replied they are not planning a gated community. Commissioner Duffy questioned Mr. Young regarding if the drainage has been discussed with the Lakes of Somerset residents? Mr. Young replied no. He stated they have attempted to contact them. He stated the developers may have discussed with the property owners. Mr. Young stated he understands any concerns that the neighbors may have, however, he stated he feels they have addressed many of the concerns by getting the study done to assure them about the results. Commissioner Duffy stated he had hoped that the drainage had been City of Colleyville Page 6 Printed on 2N3/2008 Planning and Zoning Commission Minutes -Final January 14, 2008 discussed with the neighbors since most of the concerns are coming from the Lakes of Somerset residents. Mr. Young replied he would be happy to meet with anyone with concerns and stated that the Hydrologist can get with them in a meeting as well. Mr. Young stated the Hydrologist has said they are not to increase the run off that leaves the subject property to the south and goes into there. He stated this development will be improving the site leave from what is there currently. Commissioner Duffy stated if there are going to be improvements, the Hydrologist should have talked to the Lakes of Somerset people ahead of time so that there are not 10 letters in opposition. Commissioner Clardy questioned Mr. Young regarding if the four foot channel will be dry or is it intended to have water during normal conditions? Mr. Young replied it is not going to be wet like a lake is wet. He stated it will have at almost all times, a trickle or so of water coming through there about 50% of the time. He stated it is intended to be a natural bottom and they are working with the landscape plans to bring in slabs of rocks to shore up the sides to make this a nice feature coming through there. He stated they do not want a concrete channel, they want a natural channel. Commissioner Phelps stated he commends the effort to help. He stated having a concern with the effects of the impact downstream. He stated the water is going to run deep and fast or wide and slow, therefore when the water is channeled there will be some velocity built up. He questioned Mr. Young regarding if the water feature at the end was designed with the intent to dampen the flow? Mr. Young replied having discussed it with the Hydrologist and he stated there would be a slight increase in velocity but the purpose of the lake is to slow that down. Commissioner Phelps questioned Mr. Young regarding if the release of the water to the downstream property is being released through the same flood plain property dynamics? Mr. Young replied a little bit lower and narrow, however, not a significant amount. He stated they can not go in and do improvements downstream. He stated they can reduce the elevations and therefore the width a little bit. Commissioner Phelps questioned Mr. Young regarding where will the small water feature, in the front, where will it run off? Mr. Young replied it will have an overflow that will go into the creek. Commissioner Phelps questioned Mr. Young regarding if that feature will have water in it at all times. Mr. Young replied yes. Commissioner Phelps questioned Mr. Young regarding the consideration for the R20 zoning request versus R30, is the R20 the alternative because of the cost prohibits of the property? Mr. Young replied yes, because of the single loaded road and drainage improvements for the development, it requires this number of lots. City of Colleyville Page 7 Printed on 2/13/2008 Planning and Zoning Commission Minutes -Final January 14, 2008 Harold Whiten, 1309 Garry Lynne, came forward and spoke in opposition to the zoning request and stated having issues with drainage. Steve Hickson, 1315 Glade Road, came forward and spoke in opposition to the zoning request. Keith Mauney, 1216 Chatsworth Drive, came forward and spoke in opposition to the zoning request. There being no one wishing to speak, the public hearing was closed at 8:24 p.m. Mr. Young came forward to address the concerns of the ones who spoke. He stated they are obligated throughout the process to prove to the Engineering Department that they are not adversely affecting the flow of water to the Lakes of Somerset. He stated not being able to speak to what has happened in the past. Commissioner Duffy questioned Mr. Whitten regarding what was the rain fall amount in March? Mr. Whitten replied not knowing. Commissioner Dudziak questioned Mr. Whitten regarding if he did not have a problem with the flooding prior to the developments upstream, Lifetime Fitness and Market Street? Mr. Whitten replied correct. Commissioner Phelps questioned staff regarding in the engineers evaluation of all of the dynamics, is long term sedimentation taken into consideration and is there a maintenance factor on the property owner's plate or is that something that is approved at the onset that is adequate at the completion of construction and therefore it is just a natural process that is allowed to occur? Ron Ruthven replied that is a component that is reviewed and stated he would have to refer to the Engineering Department for the details. Jeremy Hutt, City of Colleyville Engineering Department, replied all detention ponds have a one foot bottom on them that is designed for the sedimentation. He stated it is the management responsibility of the HOA to maintain that pond and they do require to be dredged, depending on how the sedimentation accumulates. Commissioner Phelps questioned staff regarding if that is something that is inspected regularly or does there have to be a complaint before any action takes place? Jeremy Hutt replied no, it is handled by the HOAs. Commissioner Dudziak questioned staff regarding if the water on a piece of property is suppose to be retained and released at a natural rate or how fast can it leave the property? Jeremy Hutt replied that the run off rate on a property must be less than or equal to that of the undeveloped section of property. City of Colleyville Page 8 Printed on 2/13/2008 Planning and Zoning Commission Minutes -Final January 14, 2008 Commissioner Duffy questioned staff regarding when a new development is analyzed is the run off with concrete at zero, grass at .6 absorption, is the whole project analyzed to see what the impact will be downstream? Jeremy Hutt stated they don't look downstream, the design point, the exit point of the project is looked at. He stated that design point must equal that of existing and developed. Commissioner Phelps questioned staff if the rate of flow would equal that to a passing of a property line the same as that of a fire hose versus over a driveway. Jeremy Hutt replied the velocity is taken into consideration and the velocity can not be detrimental. He stated the velocity can be decreased by increasing the area of the flow. Commissioner Phelps questioned staff regarding if that is a factor that is accounted for, the velocity, not just the volume? Jeremy Hutt concurred. The Commission recessed for a short break at 8:31 p.m. The Commission reconvened from the short break at 8:41 p.m. Commissioner Dudziak moved to approve case Z-08-002. Commissioner Redfearn seconded. Commissioner Redfearn stated the R20 zoning request is consistent with the surrounding properties. He stated some of the issues from the past have been addressed with this request. He stated the estate feel has been preserved with Lot 1's configuration and the features that are within that lot. He stated the concern for access for the street has been addressed. He stated the placement of the street would appear to preclude the eastern property to connect. He stated he appreciates the efforts regarding the issues with the flood plain for the properties to the west and south. Commissioner Phelps commended the efforts however, the R20 density, the configuration of the street, future use of the surrounding parcels and the trend to continue with the R20 zoning, makes it impossible to develop the adjacent property because of the configuration of the street. He stated he desires to have this entire area develop with some cohesiveness and coordination down the road to be able to resolve some of the issues. He stated being hesitant to allow this development when a previous one was denied. He stated the street access is still problematic and the future use of adjacent land may or may not be affected by this. Commissioner Redfearn stated the primary objection the last time was around that front lot. He stated the lot has been addressed this time. He stated the flood plain issue has been addressed this time. He stated the City of Colleyville Page 9 Printed on 2/13/2008 Planning and Zoning Commission Minutes -Final January 14, 2008 road is in that location because there is no where else to put the road. He stated the cost to develop this land is significant leading to either develop it or leave it alone. He stated to develop this property is a challenge and the only way to get a different option is for the properties to the east to develop as well. He stated this is an improvement over what was submitted in the past. Commissioner Byerly concurred with Commissioner Redfearn and stated the Master Plan talks about estate lots along collector streets and it also talks about subdivisions along collector streets where the grand entrance and the feel that sets it apart from the normal half acre house on a collector street. He stated that is what the Commission is looking to avoid. He stated the Master Plan does not just designate estate lots along collector streets but it also designates subdivisions with grand entrances. He stated this development has both, a grand entrance and an estate lot on Glade Road. He stated this will probably be used as a marketing aspect to set them apart from all other subdivisions. He stated this is a good plan for a difficult piece of property and stated being in favor of R20. Commissioner Dudziak stated Mr. Young has done a great deal to address the drainage issues that seem to be the concerns for the residents. The motion carried by the following vote: Aye: 5 -Knox, Dudziak, Redfearn, Clardy, Byerly Nay: 2 -Phelps, Duffy 8c Approval of a request for a Special Use Permit for outside display and storage on Lot 1 R, Block 2 of the Village Park Addition located at 4701 Colleyville Boulevard, Case Z-08-004 Ron Ruthven presented the case and briefed the Commissioners. Commissioner Clardy questioned if the Pond Store is still there? Ron replied yes as of today. Commissioner Dudziak questioned staff regarding since this is a redevelopment project, will the applicant have to upgrade the exterior decor? Ron Ruthven replied, with the particular project, the applicant will not have to upgrade the building articulation requirements. He stated the renovation would have to be major and in this case the applicant will be occupying existing lease space, therefore they are not required to have to meet the current articulation requirements in the Land Development Code. Commissioner Redfearn questioned what constitutes an outside sales City of Colleyville Page 10 Printed on 2/13/2008 Planning and Zoning Commission Minutes -Final January 14, 2008 area? Ron Ruthven replied outside sales area, as implied, is an area where sales can be sold outside or displayed or stored outside. Commissioner Redfearn questioned staff regarding if there were a business that sold items outside, but every evening they took the displays inside, would that be considered an outside sales area? Ron Ruthven replied that would be outside display as outlined in the Land Development Code as temporary outside display. Commissioner Redfearn questioned staff regarding if it needs to be a permanent storage area? Ron Ruthven replied as the applicant has proposed, they want to leave these in the parking lot overnight and the storage with display requires a Special Use Permit for these items. Commissioner Redfearn questioned staff regarding why a Special Use Permit would be required for an outside sales area, what concerns are there with this? Ron Ruthven replied with regard to what will the area look like, will it be screened, and will it be something that the City would take into account as to how it would look with the aesthetics of the building itself or structures on the property. Commissioner Redfearn concurred. Commissioner Phelps questioned staff regarding if the fencing was derived as a condition of code or is it the desire of the applicant? Ron Ruthven replied the applicant has proposed it. Commissioner Phelps questioned staff regarding if there are any standards for fencing or any experience with past proposals with this type of request? Chris Fuller replied no, there are no standards for outside display or storage fencing. Commissioner Byerly opened the public hearing at 8:56 p.m. Vicki Rader and Scott Renfrey, the applicant and applicant representatives, came forward to present the case and brief the Commission. Commissioner Duffy questioned Mr. Renfrey regarding if there would be items stacked in pallets on the south side? Mr. Renfrey replied on the bulk storage area on the south side. Commissioner Duffy questioned Mr. Renfrey regarding how high would those items be stacked? Mr. Renfrey replied around 6-8 feet tall. Commissioner Byerly stated staff recommends 4-feet high in the bulk storage area. Mr. Renfrey agreed. Commissioner Byerly stated it is 8-feet on the bulk storage area. Mr. Renfrey concurred and stated these are from the specs that were received from Ace Hardware. Commissioner Byerly questioned Mr. Renfrey regarding if they are set on having chain link fencing or can that change? Mr. Renfrey stated they Cify of Colleyville Page 11 Printed on 2/13/2008 Planning and Zoning Commission Minutes -Final January 14, 2008 will work with staff regarding what is required for the fencing that is aesthetically presentable to the City. Commissioner Byerly questioned Mr. Renfrey regarding if there have been any thoughts on the materials to be used for fencing because the Commission has to put forth those standards in the SUP ordinance. Mr. Renfrey replied he is not the operator therefore he could not state what they would want. He stated they will work with staff to make something that is acceptable. Commissioner Duffy stated with that answer, he moved that this case be tabled. Commissioner Byerly stated the public hearing is still open, therefore the motion needed to be saved until after the public hearing. Commissioner Knox questioned Mr. Renfrey regarding what will be stored in the outside sales area? Mr. Renfrey replied landscape products, plants and flowers. Commissioner Dudziak questioned Mr. Renfrey regarding if the area where the bulk storage will be and the new fenced in area, will those areas be visible from Colleyville Boulevard, or will it be totally screened? Ms. Rader replied the bulk storage area is not to be screened at all. She stated that is the area off to the south. Commissioner Dudziak stated if it would be possible to have some sort of screening that would go parallel with the front of the building to screen from the front only all of the bulk storage area, but to have all of it hidden would be nice. Ms. Rader stated it will be difficult for them to make decisions regarding the screening of the areas because they are not the operators. Ms. Rader stated this is the prototype that has been presented by Ace Hardware and this is how it has been most of the places that they are in when most of the cities do not have standards for what they do. She stated that they have submitted for what the city has for standards at the time of submittal. She stated anything above that; they could not answer for Ace Hardware. Mr. Renfrey stated he understood the concerns that the Commission may have and he stated they would work with staff for the shielding on Colleyville Boulevard. Commissioner Clardy stated there not just being an issue with shielding from Colleyville Boulevard, but also shielding from Centerpark residents. Commissioner Dudziak stated those developers knew full well that they were backing those neighbors to this site and those developers still wanted to build there. There being no one wishing to speak, the public hearing was closed at 9:03 p.m. Discussion occurred between Commissioner Byerly and staff regarding in which direction the existing building faces and the location of the City of Colleyville Page 12 Printed on 2/13/2008 Planning and Zoning Commission Minutes -Final January 14, 2008 storage areas. Commissioner Phelps stated that in all discussions regarding new businesses, it has always been discussed to bring the businesses to an upscale distinction. He stated he would like for this to look a little cleaner. He stated if the operators could submit some distinctive proposals so that the Commission could come to some resolution. He stated SUPs are very specific; however, the Commission has not been given enough information to be able to approve this as presented. He stated putting things in the parking lot is not upscale. He stated being open to input. Commissioner Byerly questioned staff regarding what other types of businesses are in Colleyville that have outside storage? Chris Fuller replied there are some display businesses, but not really storage. He stated Lawn Art has outside display. Commissioner Byerly stated they are limited; therefore, there are no standards for screening. Chris Fuller suggested that the Commission make recommendations so that this can move forward to City Council so that the applicant may have an opportunity to present those changes to City Council. He stated if the item is tabled, the deal may not happen with this commercial business. Discussion occurred between Commissioner Duffy and staff regarding what is being proposed and in what locations are the storage areas. Commissioner Duffy questioned staff regarding why Westlake Hardware did not show up for tonight's meeting? Chris Fuller replied not knowing. Commissioner Duffy stated being disappointed by them not being present. He stated being willing to approve the request as long as what has been requested will be what is presented to City Council. Commissioner Byerly stated staffs recommendations are in the ordinance. Commissioner Redfearn questioned staff regarding if the bulk storage area, the long area, could be moved just under the fenced storage area. He stated there seems to be some space there for it? Chris Fuller replied he could not answer that for the operator. He stated that the Commission can certainly make those recommendations to City Council. Commissioner Redfearn stated he would be ok with the request if the bulk storage area could be placed somewhere else, maybe down in the back. He stated if the front sales area could be relocated to the green area, it could pull where the bulk storage area is today. He stated the screened fencing materials could be a little more aesthetically pleasing. Commissioner Byerly stated there is a lane between the bulk storage City of Colleyville Page 13 Printed on 2/13/2008 Planning and Zoning Commission Minutes -Final January 14, 2008 area and the new sales fenced area and he stated they probably want to store loose materials in the bulk storage area, only needed four feet. He stated he would like to see better screening materials. He stated being open to suggestions. Commissioner Phelps stated being ok with the layout. He stated the fenced material needs to be something that compliments the neighborhood. Discussion occurred between the Commissions regarding the fencing materials in the development on Centerpark. Commissioner Byerly moved to approve case Z-08-004 with staffs recommendations as well a recommendation that the fence along Centerpark and along the back side for the bulk storage areas to be constructed of a brick masonry material. He stated the height of the fence should be 6 feet. Commissioner Clardy seconded. Commissioner Knox stated it will be too expensive to do some type of permanent structure for the fencing. He suggested doing some type of wrought iron with increased density of the pickets. Commissioner Byerly stated the fencing needs to be solid. City Attorney Kallas suggested that a solid surface fence required in the areas designated but not chain link. He stated to leave it to the applicant and to staff to fill in or make a recommendation in those parameters to City Council. Commissioner Duffy stated not knowing if the applicant will accept what is being written. He stated the way that staff has presented the request has obviously been approved by City Council and the Westlake builders. He stated he will approve of the request as long as the ordinance and fencing suggestions made by City Attorney Kallas are presented to City Council as they have been presented to the Commission during this meeting. He offered this as a friendly amendment. Commissioner Byerly and Commissioner Clardy accepted the friendly amendment. Commissioner Dudziak stated the fencing materials should be of high quality materials. He stated it should be of some type of brick and place those bulk items behind something that looks good. Commissioner Byerly concurred and stated he also concurred with Commissioner Knox's suggestion that to require a substantial foundation to place the fencing may be asking too much. He stated that City Council may be able to work out those issues with the applicant when City of Colleyville Page 14 Printed on 2/13/2008 Planning and Zoning Commission Minutes -Final January 14, 2008 the applicant is present before them. Commissioner Redfearn stated there are many options to screen the bulk storage area. He stated the area backs up to the green space and landscaping could be an option as well. Commissioner Phelps stated a solid hedge would accomplish what the Commission is looking for. He questioned City Attorney Kallas regarding if the Commission's intentions would be appropriate in the amended language, describing the fence, or would it be presented in a separate document that would go before City Council? City Attorney Kallas suggested sending a recommendation for consideration to City Council. Commissioner Phelps stated if the Commission is not going to be specific in the language, then there should be a note of intent to have the appearance of the screening facilitate a desired image. City Attorney Kallas suggested including but not limited to a brick fence or any number of options to give examples to help frame what is intended by solid surface. He stated that could be part of the motion. He stated if the Commission does not want to amend it again, it could be sent to City Council for a recommendation for their consideration what the Commission is thinking of this type of fence. Commissioner Phelps stated either way, it needs to be brought forth for City Council's consideration while the operators are present to be able to respond to it. Commissioner Byerly recapped the motion: to approve with the conditions as outlined by staff with the addition that a solid surface fence, not chain link, be constructed on Centerpark and the west side of the bulk storage and fenced storage areas, side and back. Commissioner Dudziak questioned the Commission if that includes the outside sales area in the front of the building will have no screening. Commissioner Byerly stated yes, that is staffs recommendation that no fencing is permitted around that area. Commissioner Dudziak stated that is the gateway to the entryway to the building. He questioned why that would not be screened, right at the front of the building? He stated if the other areas are going to be masked, why not this area? Chris Fuller replied the intent of outside display is to have the visual component of their merchandise and to have screening would obviously block that visual aesthetic. He stated staff suggested no fencing at all because if the operator is going to bring it out at night to leave it out, there shall be no fencing in that area. Commissioner Redfearn stated the briefing states sales or storage. He stated sales are either in the parking lot or under the porch and the storage is either fenced next to the building or in the long area that the Commission is talking about screening. City of Colleyville Page 15 Printed on 2/13/2008 Planning and Zoning Commission Minutes -Final January 14, 2008 Commissioner Byerly stated the front sales area does not border along the residential areas along Centerpark where it would be visible as readily as the bulk storage area. Commissioner Redfearn stated there have been long discussions regarding not having Colleyville Boulevard to look like a junk yard. He stated since no one knows what that area will look like; everyone has their own opinion about what is going to go in that area. Commissioner Dudziak stated not knowing what the intentions are; there is no control once this has passed. He stated they can do pretty much whatever they want and display it as long as it is no higher than 4 feet. He stated the Commission has no control whether they roll out 100 gas grills or 100 beautiful pallets of beautiful plants. He stated having an issue with the aesthetics of that. Commissioner Byerly recapped the motion: to approve with the conditions as outlined by staff with the addition that a solid surface fence, not chain link, be constructed on the west side of the bulk storage and fenced storage areas and along the Centerpark side. Motion by Commissioner Byerly and seconded by Commissioner Clardy. The motion carried by the following vote: Aye: 6 -Knox, Redfearn, Clardy, Phelps, Duffy, Byerly Nay: 1 -Dudziak Commissioner Byerly suggested that the Commission recommend to City Council that the purpose of the solid surface fence, 6 feet in height, is screening of that side from the adjacent neighborhood and that the Commission is looking for brick masonry, wood stockade type fence or plant material screening. Commissioner Redfearn seconded. The motion carried by the following vote: Aye: 6 -Knox, Redfearn, Clardy, Phelps, Duffy, Byerly Nay: 1 -Dudziak 8d Approval of an amendment to Chapter 10-Private Streets and Entrance Gates of the Land Development Code, Case G-08-002 Chris Fuller presented the case and briefed the Commissioners. Commissioner Clardy questioned staff regarding how does this impact those existing private streets? Chris Fuller replied they would simply stop contributing to the reserve fund in accordance with the amount set by City Council. __ City of Colleyville Page 16 Printed on 2/13/2008 Planning and Zoning Commission Minutes -Final January 14, 2008 Commissioner Clardy questioned staff regarding if they would be required to do an assessment of the existing condition of their street? Chris Fuller replied as stated now, they would not. He stated that recommendation could be made to City Council. Commissioner Phelps questioned staff regarding where in the ordinance does it site the specific requirement that when they make this application either for a new private development or an existing development, that the cost be estimated and brought forward to the Planning and Zoning Commission? Chris Fuller replied that in Section 10-130, Conditions of Approval, letter R-Petition to convert to Private Streets. Commissioner Phelps acknowledged. Commissioner Phelps stated this is for converting to private streets. Chris Fuller stated whether it is an initial development or if an existing subdivision comes to the Commission and requests to privatize the streets. Commissioner Phelps questioned staff regarding if this would be in the checklist and in the packet or it will not be considered? Chris Fuller replied yes, if they do not do it, then it would not be considered or they could move forward to petition to City Council. Commissioner Phelps questioned staff if at that point staff would recommend denial? Chris Fuller replied yes. Commissioner Duffy questioned staff if the request would go before the Planning and Zoning Commission or will it go to City Council? Chris Fuller replied to convert would require 100% notification to all homeowners within the Homeowners Association with all signatures notarized; they would then present to the Planning and Zoning Commission which makes a recommendation to City Council. Commissioner Duffy questioned staff regarding on page 10-3, paragraph F-Private Street Inspections; does the City inspect all streets? Chris Fuller replied he would have to refer that question to the Public Works Department. He stated the City's engineer may be able to answer. Commissioner Duffy stated the fees have always been wrong over the years and no one has ever held their feet to the fire. He stated if the City does not inspect, are they going to inspect? Chris Fuller replied not having any knowledge regarding if the City currently inspects the private streets. Commissioner Byerly states that this just gives the City the right to inspect those streets, however, that does not mean that they will exercise the right to go in. Commissioner Clardy questioned staff regarding for the existing private street subdivisions, could the City do something such that within a certain amount of time after this is passed, require those HOAs to do an analysis of their existing roadways and provide some report to the City City of Colleyville Page 17 Printed on 2/13/2008 Planning and Zoning Commission Minutes -Final January 14, 2008 so that a base line can be started so that the City knows that they are at least keeping up with it. Chris Fuller replied he would have to refer that to City Attorney Kallas. City Attorney Kallas replied there must be consideration given to the subdivision regarding the cost that would be incurred with having a report generated. He stated it must not be punitive just to have a report generated. He stated if there comes a time when the subdivision would like to make their streets public, then the City would have a vested interested regarding the conditions of the street. He stated the Commission can make that recommendation. Chris Fuller replied there is an existing pavement management system which allows the City to go in and look at any street. Commissioner Redfearn questioned staff regarding if this has been benchmarked with other cities? Chris Fuller replied yes. Commissioner Redfearn questioned staff regarding what were some of the conclusions from the benchmarking? Chris Fuller replied most cities do privatize streets to some degree. He stated the difficulty that other cities are having as well is the reporting mechanism. He stated we have had some similar difficulty when we were having the HOAs report annually. He stated typically there is compliance; however, others will stand with that being their HOA issue. He stated other cities have difficulties with compelling the HOAs to commit those funds to a specific reserve account. Commissioner Redfearn stated being in favor of the City not calculating and imply what future repairs are likely going to cost and create a false sense of security to the neighborhood. However, by not having them set aside some funds, whether per lot or some basis, seems like it is left growing as a potential problem. He stated being in favor of no amount, but it does seem that there should be some funding set aside on an annual basis. Chris Fuller replied that the amount be set aside for the reserve fund as mandated by their engineer. He stated the reserve fund can still be required. Commissioner Byerly opened the public hearing at 9:42 p.m. There being no one wishing to speak, the public hearing was closed at 9:42 p.m. Commissioner Knox stated in Section R-Petition to convert to Private Streets, the last sentence should include; this analysis should be stamped by a private engineering firm authorized to perform work in the state of Texas or acceptable to the City of Colleyville. Commissioner Phelps questioned staff regarding if the intent is to establish an amount to be set aside in an escrow fund? He stated the dollar amount is taken away, however, is the intent to have an escrow fund? Chris Fuller replied Section F would be reinstituted. Commissioner Phelps replied to establish an amount contributed to an City of Colleyville Page 18 Printed on 2/13/2008 Planning and Zoning Commission Minutes -Final January 14, 2008 annual reserve fund maintained by the HOA for that purpose. Chris Fuller replied that if the Commission would like to reinstitute the reserve fund section, staff will put the section in the proper place and will rework the ordinance to reflect that change. Commissioner Byerly stated this Commission has always required more escrow for private streets as opposed to less. He stated not being willing to change that. He stated being comfortable with the recommendation to staff to let them decide the appropriate place for the reserve fund section. Commissioner Byerly questioned staff regarding can there be a private subdivision by right? Chris Fuller replied yes, if the conditions are met stated in Section A-Planning Considerations, 25 single family lots or greater are allowed by right for a private subdivision. Commissioner Byerly questioned City Attorney Kallas regarding if that note can be amended? City Attorney Kallas stated that not being in the nature of what is being proposed and would be outside the scope of what is on the agenda. Chris Fuller replied that the notification and postings were for amendments to Chapter 10 and did not specify the reserve fund. City Attorney Kallas stated the amendment could be recommended. Commissioner Byerly stated there have been times when it looks like there is a new street, however, the subdivision turns out to be gated and the Commission can do nothing about it because of the right to have a gated subdivision. He stated everyone wants roads and streets but that go no where. He stated there is no connectivity. He stated it should be an option for Planning and Zoning Commission and City Council not allowed by right. Commissioner Redfearn, Commissioner Byerly and staff discussed the language presented in Section 10-125, Procedure and Section 10-130, Conditions of Approval. Commissioner Byerly stated from past experiences with subdivisions, that language does not work. City Attorney Kallas stated this not being the forum to discuss past experiences. He stated the language is set forth for requests to come before the Planning and Zoning Commission. Commissioner Phelps questioned staff regarding if there is an instance where the development is owned by a single entity and gated? Chris Fuller stated there are two examples of that being at Jackson and Cheek Sparger and Heritage and Glade. Commissioner Phelps questioned if a new buyer were to come and buy the property which has not had to conform to this new escrow guidelines, will the new owner have to come into current compliance? City Attorney Kallas replied no, this applies to City of Colleyville Page 19 Printed on 2/13/2008 Planning and Zoning Commission Minutes -Final January 14, 2008 when the streets are put in. He stated the new owner should not have to go back into what the development had in the initial development rights. Chris Fuller stated the likelihood of a one entity owner development in Colleyville is unlikely. Commissioner Byerly stated he thought this could be the opportunity to bring some existing properties into compliance if the escrow is required. He stated the existing escrow accounts could remain in place unless they come forward with the new engineer estimate to show what it really should be, which will not do anything for the $75 dollar a year HOAs because they are not going to want to do more than that a year, however at some point it could correct some of the others. He stated there have been times when the developer is willing to escrow more than enough to cover those costs to replace the street. Commissioner Phelps stated there is a big difference in setting up initially for a new developer than having to go retroactive to get a HOA to unanimously approve that type of change in their bylaws or structure. City Attorney Kailas stated this is all conditioned on a HOA coming forward and requesting for a private street. He stated it will be very rare for a HOA to come forward and want to make their street public. Commissioner Dudziak questioned staff regarding if Section F, Private Street Inspections, only applies to private street subdivision HOAs or can this be broadly applied to public street HOAs? Chris Fuller replied this will only be applicable to private and gated street subdivisions. Commissioner Dudziak stated knowing they could not go back and do that, but could this be brought forward and applied to every HOA? Chris Fuller replied the City Attorney's office has reviewed the maintenance and long term construction of private streets and drainage impertinences and stated this not being applicable to all HOAs throughout the City. City Attorney Kailas concurred. Commissioner Byerly moved to approve case G-08-002 with changes that in a gated subdivision all existing escrows will remain in place unless the subdivision performs an engineering study that is currently outlined for new subdivisions showing a different amount is required to properly escrow for the streets. That a new gated subdivision escrow at least the amount recommended by their engineer and that the engineering firm that performs that study be licensed in the State of Texas or acceptable to the City of Colleyville. He stated he would like to clarify that any gated community or streets can be denied by City Council and the Planning and Zoning Commission and that there is no right to be a private gated community. Commissioner Redfearn seconded. Commissioner Phelps stated he liked having the language regarding an engineering firm licensed in the State of Texas however, should it be City of Colleyville Page 20 Printed on 2/13/2008 Planning and Zoning Commission Minutes -Final January 14, 2008 and/or approved by the City of Colleyville? Commissioner Byerly stated "or" to be accepted by the City of Colleyville. Commissioner Phelps stated being hesitant with that particular language because there are some firms that are not acceptable. He questioned if that leaves an opening to have the "or". Commissioner Byerly stated not knowing how they can be denied the use of a licensed engineer in the State of Texas. City Attorney Kallas replied it would be difficult to put the "and" in the language. He stated it would place a condition on someone who wants to go out and engage an engineer having a private determination and having that checked by City. He stated he would recommend that the "or" stay in the ordinance. Commissioner Phelps concurred. City Attorney Kallas stated it will give a little wiggle room in case something was to come up. Commissioner Knox stated the caveat about it being acceptable to the City of Colleyville gives our engineering department the call for accepting the engineer since they are familiar with the type of work that will need to take place. Chris Fuller stated a Civil Engineer would be acceptable. Commissioner Knox offered a friendly amendment for a licensed civil engineer. Both the mover and the second accepted the friendly amendment. The motion carried by the following vote: 8e Aye: 7 -Knox, Dudziak, Redfearn, Clardy, Phelps, Duffy, Byerly Approval of an amendment to Chapter 3-Land Use, Section 3.24-Schedule of Permitted Uses of the Land Development Code, Case G-08-004 Ron Ruthven presented the case and briefed the Commissioners. Commissioner Byerly opened the public hearing at 10:05 p.m. There being no one wishing to speak, the public hearing was closed at 10:06 p.m. Commissioner Dudziak questioned if the application for the donation station is a manned facility or is it a kiosk or drop off box of some sort? Ron Ruthven replied it will be a manned facility. Commissioner Phelps questioned staff regarding if the new location will be allowed with the amendment to the land use tables? Ron Ruthven replied the use is simply being added in order for the application to consider the location. Commissioner Phelps stated if the use is not in the tables of permitted uses, then the use is prohibited? Ron Ruthven replied yes. City of Colleyville Page 21 Printed on 2/13/2008 Planning and Zoning Commission Minutes -Final January 14, 2008 Commissioner Byerly stated this is simply adding the use. Ron Ruthven concurred and stated the applicant will be required to get a Special Use Permit. Commissioenr Clardy questioned staff if the new location is in the old Sonic building? Ron Ruthven replied yes. Commissioner Knox moved to approve case G-08-004. Commissioner Clardy seconded. The motion carried by the following vote: Aye: 7 -Knox, Dudziak, Redfearn, Clardy, Phelps, Duffy, Byerly 9. STAFF COMMENTS, REPORTS AND DISCUSSION ITEMS Chris Fuller introduced Justin Bass, Planner, to the Commissioners. 10. COMMISSIONERS' COMMENTS AND REPORTS Commissioner Phelps questioned staff regarding if there is a conflict in an amendment made by the Planning and Zoning Commission, does staff resolve those conflicts? Chris Fuller replied City Council will see the original draft proposed in the briefing and then within the briefing staff will also state the Planning and Zoning Commission recommendations, therefore, City Council will have the ability to approve the amended ordinance as mandated by staff or as recommended by the Planning and Zoning Commission. Commissioner Duffy stated code enforcement needs to be enforced. 11. ADJOURNMENT The meeting adjourned at 10:10 p.m. I hereby certify the above agenda was posted on the bulletin boards at City Hall on Friday, January 11, 2008 by 5:00 p.m. Amy Shelley, Planning and Zoning Assistant The meeting minutes were approved on February 11, 2008. City of Colleyville Page 22 Printed on 2/13/2008