Loading...
HomeMy WebLinkAboutZoning Board of Adjustment-Minutes-12/11/20071 City of Colleyville Colleyv0'~IleaTexas 76034 ~~ ~ ~ (817) 503-1000 Minutes -Final www.colleyville.com ,....,- Zoning Board of Adjustment Tuesday, December 11, 2007 6:30 PM City Council Chambers 6:30 P.M.- WORKSHOP EXECUTIVE CONFERENCE ROOM THIRD FLOOR LEGAL BRIEFING BY CITY ATTORNEY REGARDING FLOW CHART DISCUSSION OF ZONING BOARD OF ADJUSTMENTS TOPICS STAFF COMMENTS, REPORTS AND DISCUSSION ITEMS BOARD MEMBER'S COMMENTS AND REPORTS 7:00 P.M. REGULAR MEETING 1. CALL TO ORDER 2. ROLL CALL The Zoning Board of Adjustments meeting of the City of Colleyville was called to order by Chairman McNosky on December 11, 2007 at 7:00 p.m. Present: Board members Lisa Kenney, Skip Reynolds, Ed Moore, Rich Munson, Dee McNosky, Kevin Sams (Alternate 1) and Uton Dellosso (Alternate 2) Staff Present: Ron Ruthven and Amy Shelley 3. PLEDGE OF ALLEGIANCE 4. APPROVAL OF MINUTES Board member Kenney moved to approve the November 13, 2007 meeting minutes as written. Board member Moore seconded. The motion carried by the following vote: Aye: 5 -Kenney, Reynolds, Moore, Munson, McNosky City of Colleyville Page 1 Printed on 3/14/2008 Zoning Board of Adjustment Minutes -Final December 11, 2007 5. TABLED AGENDA ITEM 5a Case A-07-021 -Request for a variance from the regulations of the Colleyville Land Development Code regarding landscape buffer requirements on Tracts 3D, 3D2, 3D3, 3E, 3E2 and 3E3, Abstract 963 of the A.J. Lott Survey located at 7013, 7015 and 7017 Colleyville Boulevard Board member Moore moved to remove case A-07-021 from the tabled items. Board member Munson seconded. The motion carried by the following vote: Aye: 5 -Kenney, Reynolds, Moore, Munson, McNosky Ron Ruthven presented the case and briefed the Board members. Chairman McNosky opened the public hearing at 7:07 p.m. Kip Whitman, the applicant, came forward to present the case and brief the Board members. Mr. Whitman presented a letter to the Board members from TxDot for permission to landscape in TxDot's right of way. Board member Kenney questioned Mr. Whitman regarding if there have been issues worked out with the rear neighbors? Mr. Whitman stated the neighbor did not want a living fence. Mr. Whitman stated he will put up an overlapping, 1 x 6 plank fence that will allow air flow. He stated they are going to plant live screening in front of the fence. He stated he hoped that the neighbor will like it. Board member Kenney stated there was a possibility with reducing the rear setback to 15 feet instead of the requested 10 feet? Mr. Whitman stated the five feet would still make the whole development move five feet closer in. Board member Kenney questioned if the underground detention system is dictating the request? Mr. Whitman stated no, it is the parking lot, however, the detention system is under the parking lot. Board member Moore stated it would be reducing the parking lot. Mr. Whitman stated it would reduce the availability for the two restaurants. Board member Moore questioned staff if there is a 20 foot setback for underground detention? Ron Ruthven replied that would not affect the setback requirements. City of Colleyville Page 2 Printed on 3/14/2008 Zoning Board of Adjustment Minutes -Final December 11, 2007 Chairman McNosky questioned staff regarding if the underground detention can be placed beyond the 20 foot setback since the parking lot and dirt will cover it? Ron Ruthven replied he would have to refer that to the Engineering Department for approval. Board member Moore stated setbacks are one thing for above the ground, but the detention system is underground, which is another thing. Mr. Whitman stated the underground detention system is considered a utility. Mr. Ian Norfolk, the Engineer for the project, stated the underground system is considered a structure, much like a building. Chairman McNosky stated the same restrictions would apply. Board member Moore stated the cars parked in the parking area along Colleyville Boulevard, at night, will be shining their lights into the traffic. Mr. Whitman stated that not being a good idea, but the landscaping should eliminate that issue, or help with it. Mr. Whitman used a presentation to give examples of his developments. Board member Dellosso questioned Mr. Whitman regarding if the rear parking spaces were removed, does that reduce the size of the building? Mr. Whitman replied that it could potentially reduce the size of the building. He stated the widening of Colleyville Boulevard has caused this issue, it caused the development to loose 20 feet in the front of the development. Chairman McNosky questioned staff regarding if the letter from TxDot that Mr. Whitman presented at first, is what the Board was looking for regarding permission? Ron Ruthven replied the Board was wanting an agreement, the letter does not state that it is an agreement. Mr. Whitman stated if the request were to be denied, then he stated he could not use it and the development would be forced back and the whole project has to be rethought. Board member Moore questioned Mr. Whitman regarding what is the amount of setback on the front that is being requested? Mr. Whitman replied coming back 15 feet. If that is granted, they are at the point of 5 feet of their own buffer with islands to landscape. Mr. Whitman stated they are asking to use 15 feet of TxDot's right of way for the landscape buffer and then they will use 5 feet of their own property to finish the 20 foot buffer requirement. Board member Moore stated the Board could not do that. Board member Munson questioned Mr. Whitman regarding what is the required landscape buffer by ordinance? Mr. Whitman replied 20 feet. Board member Munson stated that being different than the 40 foot building line. Mr. Whitman concurred. City of Colleyville Page 3 Printed on 3/14/2008 Zoning Board of Adjustment (Minutes -Final December 11, 2007 Discussion occurred between Board member Munson and Mr. Whitman regarding the setbacks indicated on the drawings. Board member Munson stated he keeps hearing the 20 feet, where does that come into with the setbacks? Ron Ruthven replied the 20 feet is a landscape buffer requirement that has nothing to do with the 40 foot building setback requirement. Discussion occurred between Board member Munson and staff regarding the underground structure and parking with regards to the setback. Board member Munson stated without having the neighbor to the east, he stated he would like to hear it from the neighbor regarding if he is comfortable with what is being suggested. Board member Munson questioned Mr. Whitman regarding the parking to the rear, would he be willing to eliminate the 11 parking spaces, maybe reconfigure the design of the fire lane, keep the design of the building, but move those parking spaces to somewhere else in the development? Mr. Whitman replied the development is about 4 to 6 parking spaces rich, but to loose several would make the development tight. He stated those spaces to the good are handicap spaces. Discussion occurred between Board member Munson and Mr. Whitman regarding the site grade. Mr. Whitman stated the site will be above grade as it comes down to meet the highway. Board member Munson stated being sensitive to adjacent neighbors. Mr. Whitman concurred. Board member Moore questioned Mr. Whitman regarding the neighbor that was here last month, is he the neighbor to the south? Chairman McNosky stated he is the neighbor that would receive the encroachment more harshly. She stated the buffer zone would be between his property and the development. Board member Moore stated he is the neighbor to the east. Mr. Whitman used the exhibits on the screen to show the Board members the site grading in relation to the parking areas and Colleyville Boulevard and the adjacent neighbor. Board member Munson stated the development will be above the existing ground in the rear parking. Board member Munson questioned Mr. Whitman how much the development would be above the existing ground for the parking in the rear? Mr. Whitman replied not knowing exactly, but about 3-4 feet above the neighbor's property. Board member Munson stated that being a lot. City of Colleyville Page 4 Printed on 3/14/2008 Zoning Board of Adjustment Minutes -Final December 11, 2007 There being no one wishing to speak, the public hearing was closed at 7:51 p.m. Board member Reynolds questioned what staff has recommended? Ron Ruthven replied staff has recommended denial. Chairman McNosky stated because the land has not given the hardship, it is actually the developer's design that has caused the hardship. Ron Ruthven stated it is rare to grant variances on an undeveloped piece of property. However, he stated it is up to the Board. Chairman McNosky and Mr. Whitman discussed what was approved by the Planning and Zoning Commission. She stated the Board has very strict guidelines regarding variance requests. Board member Kenney stated being willing to grant the front request because the widening of Colleyville Boulevard has created a unique hardship. She stated having issues with granting the variance because the development does not have enough parking spaces. She concurred with Chairman McNosky about liking the design, however, she stated the Board can not grant a variance for what the statute does not allow. Chairman McNosky stated the Board has certain guidelines to adhere and this variance request is being asked because of the design of the building, not because of the contours of the land. Mr. Whitman stated the variance request is being asked for because of the widening of Colleyville Boulevard. He stated the 10 feet will not harm a neighbor. He stated the employees will park in the rear. He stated they will be responsible for maintaining the landscaping in the right of way. Board member Kenney stated that not being the issue. She stated the issue is because statute does not allow for the Board to grant the variance. Mr. Whitman stated oh no, the Board has the right to grant a variance that the Board deems appropriate. Board member Munson stated the Board is permitted to grant variances based on hardships which are beyond the property owner's control. Chairman McNosky stated the widening of the highway does create the hardship. Board member Munson stated the Board recognizes the hardship on the front because of the widening of Colleyville Boulevard. However, the area on the back is not a hardship which is imposed on the applicant because of topography, or the shape of the property. He stated having a problem with the four feet above grade with lights shining into the neighbors windows. City of Colleyville Page 5 Printed on 3/14/2008 Zoning Board of Adjustment Minutes -Final December 11, 2007 Mr. Whitman questioned Board member Munson if he would prefer, if he lived back there, to change the design, move the whole thing back and set it at the door step? Board member Munson replied no and with all due respect, that is your decision. Mr. Whitman stated not wanting to do that necessarily. Chairman McNosky stated even if the neighbor were here, the Board would not have the ability to grant the variance. Board member Kenney questioned Mr. Whitman if the large tree in the middle of the development would be destroyed if everything were to move back? Is this design of the parking lot an attempt to save the tree? Mr. Whitman replied yes. He stated this not being an attempt to save the tree to modify the entire building. He stated it is to take advantage of apiece of nature that happened to grow there. He stated this whole development is an attempt to make something special compared to the other junk that is being built around. He stated he does not want to self the land, he wants to build the development that he can be proud of. He stated he wants to add to Colleyville not detract from it. Board member Munson questioned staff regarding if there is a commercial PUD ordinance available in Colleyville that would enable the City Council to modify the ordinance as it is now, related to the development that Mr. Whitman is wishing to do? Chairman McNosky stated that there is a matter of a few feet between her and the Village. Ron Ruthven replied the PUD developments allow for developments as this. Chairman McNosky questioned staff if Mr. Whitman could apply for a zoning change? Ron Ruthven concurred. Board member Munson stated to Mr. Whitman that there are certain guidelines and regulations that the Board has to adhere to and this is not one of them. Ron Ruthven stated the applicant did try to get, at least to the rear, a variance request from City Council, that was denied. He stated if the developer would like to do a PUD for this development, he can apply for it. He stated in a PUD request, waivers can be granted within the ordinance for the PUD request. It is up to City Council to approve those requests. Chairman McNosky questioned staff regarding why was the variance request to the rear denied by City Council? Ron Ruthven replied the denial of the Special Use Permit request did not have anything to do with City of Colleyville Page 6 Printed on 3/14/2008 Zoning Board of Adjustment Minutes -Final December 11, 2007 the rear variance request. Mr. Whitman stated they could not separate the two. Ron Ruthven stated the Board may approve this contingent upon anything that the Board would like. He stated the variance request could be separated, the front and the rear request. Board member Kenney moved to approve case A-07-021 to allow the developer to use the TxDot right of way for a landscape buffer. Board member Munson stated that motion could not be approved. However, he stated it could be approved to reduce front setback adjacent to Colleyville Boulevard. Board member Kenney stated she is not making a motion based upon TxDot approval. Board member Moore stated this request is for two variances. He stated the Board does not have the authority to split this into two cases. Board member Kenney and Chairman McNosky both agreed that staff has stated the Board may do so. Ron Ruthven stated the public notice addressed the landscape buffer requirements in general. He stated the Board can consider both as separate issues. Board member Munson stated the Board has placed conditions in the past. Board member Dellosso questioned Mr. Whitman if underground parking has been considered? Mr. Whitman stated it had been considered, however, he stated it was not recommended because of the water issues in the area. He stated it would be more costly. Board member Moore questioned Mr. Whitman if the parking could be two story? Mr. Whitman replied yes, but that would be an even bigger encroachment on the adjacent property owner. Board member Reynolds and Mr. Whitman discussed the differences between what could or could not be done if the variance is or is not approved. Board member Reynolds stated he would like to help the applicant, however, he stated wanting to make sure that what ever is approved will stand up to the rules. Board member Kenney moved to approve case A-07-021 with the front landscape buffer be reduced to five feet and did not make a motion to City of Colleyville Page 7 Pnnrea on si~4icvvo Zoning Board of Adjustment Minutes -Final December 11, 2007 approve the rear variance request. Board member Reynolds questioned Mr. Whitman regarding if the motion is approved, will that solve part of the problem? Mr. Whitman replied yes. Chairman McNosky called for a second. Board member Reynolds seconded the motion. Board member Munson suggested that the motion be clariefied to state that the landscape buffer variance br granted only along Colleyville Boulevard. Both Board member Kenney and Board member Reynolds accepted the amendment. The motion carried by the following vote: Aye: 4 -Kenney, Reynolds, Munson, McNosky Nay: 1 -Moore Board member Reynolds stated the second request was not denied. Ron Ruthven stated the applicant will have to reapply for a variance request regarding the rear buffer. Mr. Whitman replied he would work with the adjacent neighbor to see if they could work something out. Chairman McNosky stated Mr. Whitman can work with staff regarding the process. She stated both issues have been seperated. Board member Munson questioned Mr. Whitman if the underground system will be gravity flow release or sump pumps? Mr. Whitman replied gravity flow release. Board member Munson suggested to Mr. Whitman that when he goes to talk to the adjacent neighbor that a cross section elevation be provided to him showing how the vertical elevations will be dealt with on the subject properly as it relates to his property. Mr. Whitman agreed. 6. REPORTS AND COMMENTS Board member Reynolds stated that the timing on the former request was appropriate. Chairman McNosky concurred. City of Colleyville Page 8 Printed on 3/14/2008 Zoning Board of Adjustment Minutes -Final December 11, 2007 7. ADJOURNMENT The meeting adjourned at 8:17 p.m. I hereby certify the above agenda was posted on the bulletin boards at City Hall on Thursday, December 6, 2007 by 5:00 p.m. Amy Shelley, Planning and Zoning Assistant The meeting minutes were approved on March 13, 2008. City of Colleyville Page 9 Printed on 3N4/2008