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HomeMy WebLinkAboutPlanning and Zoning Commission-Minutes-3/10/2008100 Main Street ,; City of Colleyville Colleyville, Texas 76034 ~~ `~~ = (817) 503-1000 ~~' 11II111UteS -Final vvww.colleyville.com ~,,.. Planning and Zoning Commission Monday, March 10, 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 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 March 10, 2008 at 7:00 p.m. 2. ROLL CALL Present: Commissioners Larry Knox, Dave Dudziak, Scott Redfearn, Michael Clardy, David Phelps, Denis Duffy and Jeff Byerly Staff Present: Ron Ruthven, Justin Bass, Chris Fuller, Jeremy Hutt, Rob McKeown 3. INVOCATION The invocation was given by Commissioner Phelps. 4. PLEDGE OF ALLEGIANCE 5. APPROVAL OF MINUTES Commissioner Dudziak moved to approve the February 25, 2008 meeting minutes as written. Commissioner Redfearn seconded. The motion carried by the following vote: Aye: 7 -Knox, Dudziak, Redfearn, Clardy, Phelps, Duffy, Byerly 6. CITIZEN COMMENTS REGARDING ITEMS NOT ON THE AGENDA City of Colleyville Page 1 Printed on 3/25/2008 Planning and Zoning Commission Minutes -Final March 10, 2008 None 7. PUBLIC HEARING AGENDA ITEMS 7a Approval of a Replat on 3.3 acres being Lots A-R and B-R of the EM Thompson Addition; Lot 2, Block 1 of the Foster Addition; Lots 77 and 77A of the Village at Colleyville Addition located at 5204 Colleyville Boulevard, Case P-08-009 Ron Ruthven presented the case and briefed the Commission. Commissioner Byerly opened the public hearing at 7:03 p.m. There being no one wishing to speak, the public hearing was closed at 7:03 p.m. Commissioner Redfearn moved to approve case P-08-009. Commissioner Phelps seconded. The motion carried by the following vote: Aye: 7 -Knox, Dudziak, Redfearn, Clardy, Phelps, Duffy, Byerly 7b Approval of a request to amend the PUDC-Planned Unit Development Commercial zoning district for the Colleyville Place Assisted Living facility on Tract A-1, Block 2 of the Highland Acres Addition located at 5314 Bransford Road, Case Z-08-009 Ron Ruthven presented the case and briefed the Commission. Discussion occurred between staff and Commissioner Phelps regarding the request for a State license from Type A to Type B or Type A and Type B. Staff stated the applicant is in agreement with the recommendations. Commissioner Redfearn questioned staff regarding if there are any other type of assisted living facilities designated by the State? Ron Ruthven replied assisted living is either Type A or Type B. He stated there are other types of housing for the elderly that do not fall under an assisted living definition. Commissioner Byerly opened the public hearing at 7:06 p.m. Reginal Anderson, applicant, came forward to present the case and brief the Commission. Commissioner Redfearn questioned Mr. Anderson regarding if there are any other type of licenses mandated by the State? Mr. Anderson replied yes, they are mandated by the State for either Type A or Type B. City of Colleyville Page 2 rnnrea on ~~~~~ Planning and Zoning Commission Minutes -Final March 10, 2008 There being no one wishing to speak, the public hearing was closed at 7:08 p.m. Commissioner Phelps moved to approve case Z-08-009. Commissioner Knox seconded. The motion carried by the following vote: Aye: 7 -Knox, Dudziak, Redfearn, Clardy, Phelps, Duffy, Byerly 7c Approval of a request for a Special Use Permit for a telecommunications tower on Tract 1A of Abstract 1077 and Tract 5A1A of Abstract 339 of the L.L. McLain Survey located at 3816 Bedford Court, Case Z-08-010 Ron Ruthven presented the case and briefed the Commission. Commissioner Clardy questioned staff regarding if the tower will be 200 feet from the Bedford residents? Ron Ruthven replied the tower will be within 200 feet of the actual structures in Bedford. Commissioner Phelps questioned staff regarding if the tower is 170 feet within a single family residence in Colleyville, is it 200 feet from the actual resident, as required in the code? Ron Ruthven replied the actual zoning district itself that it meets the distance from. Commissioner Byerly opened the public hearing at 7:10 p.m. Peter Kavanagh, applicant, came forward to present the case and brief the Commission. Commissioner Duffy questioned Mr. Kavanagh if the Bedford residents were notified, since it will serve their community? Mr. Kavanagh replied no. Commissioner Dudziak stated to Mr. Kavanagh that the code states the tower to be 200 feet away because of safety reasons in case the tower were to fall. Mr. Kavanagh replied the monopoles are designed to withstand wind and serve as a lighting rod as well because they are grounded. Commissioner Dudziak questioned Mr. Kavanagh regarding if there is a danger for the Bedford residents if the pole were to fall down? Mr. Kavanagh replied clearly if the pole were to fall down on a home, there is a potential danger. However, he stated the likelihood of that happening would be unusual. Commissioner Clardy questioned Mr. Kavanagh if the pole could be City of Colleyville Page 3 Printed on 3/25izvut~ Planning and Zoning Commission Minutes -Final March 10, 2008 moved slightly to the west? Mr. Kavanagh replied they could probably do that, however, they have not discussed it with the property owner and they would need to talk with them first. Commissioner Redfearn questioned Mr. Kavanagh regarding what the reasons are for requesting the waivers for the landscaping and the paved parking spot? Mr. Kavanagh replied the waivers were requested because the school plans to put in a parking lot, and the pole would be at the corner. He stated they do not know when the school is planning to do the parking lot. He stated they concurred with staff regarding not granting the approval of the waivers. Commissioner Duffy questioned Mr. Kavanagh the power out for the pole? Mr. Kavanagh replied the maximum power for sending the radio signals is 100 watts. He stated the intent is to broadcast a very short distance, a mile or so. He then explained the use of the towers in the area regarding the use of the same channel frequencies. There being no one wishing to speak, the public hearing was closed at 7:22 p.m. Commissioner Duffy stated having concerns that the Bedford residents were not notified and they should have been notified. Commissioner Phelps stated the distance requirement is in the code for safety reasons. He stated having concerns for the adjacent residents. Commissioner Dudziak stated we should have a respect for the adjacent residents and stated he could not support this. City Attorney Kallas stated the decisions made tonight should not be made as a provision for the code that applies outside the jurisdiction of Colleyville. He stated the decision should be based on the code for the city of Colleyville. Commissioner Redfearn stated there is a waiver request because of the proximity to a Colleyville residential zoning district. Ron Ruthven concurred. Commissioner Byerly stated the notification to the City of Bedford has been set by City Council, the Commission has no control over that regulation, therefore it can not be denied because of that. Commissioner Clardy questioned the Commission if the request could be modified so that it at least meets the minimum distance from those residences, could it be moved to the west so that it is away from the neighboring residents? City Attorney Kallas replied if the Commission City of Colleyville Page 4 Printed on 3/25/2008 Planning and Zoning Commission Minutes -Final March 10, 2008 wishes to enforce the City of Colleyville codes, then yes. He stated the applicant may be asked to bring back a different location than the one proposed. He stated the Commission may want to give the applicant some direction. Commissioner Byerly questioned for clarity, the Commission can require the pole to be 200 feet from the Colleyville residential zoning district but it is not a consideration how close it is to a Bedford residence? City Attorney Kallas replied he would not base a decision on the considerations relevant to Bedford in order to support any decision by the Commission as that being a basis for the decision. Commissioner Byerly stated waivers have been granted before regarding the distance as long as the distance was greater than the tower, if it were to fall. He stated based on the City Attorney's recommendation, the tower is within the City of Colleyville code. Commissioner Byerly moved to approve case Z-08-010 which grants the waiver for the distance but denies the waiver for the parking and landscaping. Commissioner Phelps seconded. Commissioner Dudziak stated the applicant should have to comply with the code. Commissioner Redfearn reviewed the drawings provided by staff and the applicant regarding the placement of the pole. Ron Ruthven stated the AG zoning district is considered a residential zoning district. Commissioner Byerly questioned staff regarding the owners of the adjacent properties within the City of Colleyville? Ron Ruthven replied Covenant Christian Academy has purchased many of the properties within this site. Commissioner Byerly questioned staff regarding how far is this away from the property not owned by the applicant? Ron Ruthven replied some of the property owners are affiliated with Covenant Christian Academy and some may not be. He stated 3804 Bedford Court would be about 100 feet from the subject property. He stated the 175 feet is from the R40 zoning district. He replied it is more than 200 feet from residentially zoned property not owned by the applicant within Colleyville. Commissioner Phelps stated it may be an issue with timing, these properties may change in the future which may solve the issues with safety for the neighbors. Commissioner Byerly stated the Commission can not be concerned for the neighbors in Bedford. Commissioner Dudziak questioned staff if there are no standards for the City of Colleyville Page 5 Printed on 3/Z5izuuts Planning and Zoning Commission Minutes -Final March 10, 2008 distance from a commercial property? Ron Ruthven replied no. The motion failed by the following vote: Aye: 3 -Knox, Phelps, Byerly Nay: 4 -Dudziak, Redfearn, Clardy, Duffy Commissioner Redfearn questioned Mr. Kavanagh regarding if the tower site could be moved within some broad area, what could that area be? Mr. Kavanagh used the drawings provided regarding the placement of the tower. He stated they could slide due west another 128 feet, which would place the pole from the rear of the east lots, about 170 feet from the pole to their back fence. He stated they would be very close to the Colleyville rule with the residents across Bedford. He stated they would have to review the request with the property owner requesting the construction of the pole. Commissioner Dudziak questioned Mr. Kavanagh regarding why the commercial property was not sought after for the location of the tower? Mr. Kavanagh replied that the shopping center was approached, however, there was not a place to put the tower. He stated, at first, the tower was going to be placed on the school property, in a different location. Mr. Kavanagh requested that the Commission hold their case until they have an opportunity to speak with the property owners to verify the new placement of the pole. Commissioner Dudziak moved to table case Z-08-010. Commissioner Knox seconded. The motion carried by the following vote: Aye: 6 -Knox, Dudziak, Redfearn, Clardy, Phelps, Duffy Nay: 1 -Byerly 7d Approval of a request for a Special Use Permit for an accessory building on Lot 1, Block 1 of the Pleasant Glade Farm Addition located at 3400 Glade Road, Case Z-08-011 Justin Bass presented the case and briefed the Commission. Commissioner Byerly opened the public hearing at 7:45 p.m. Gary Cantrell, applicant, came forward to present the case and brief the Commission. City of Colleyville Page 6 Pnntea on sitaicvvo Planning and Zoning Commission Minutes -Final March 10, 2008 Commissioner Duffy questioned Mr. Cantrell regarding the drawing that shows the existing structures on the property, are the ones to the front of the property to be demolished? Mr. Cantrell explained the existing structures and which ones will or have already been demolished. Commissioner Duffy questioned Mr. Cantrell regarding what is the time frame regarding how long it will take to build the new building and demolish the old buildings? Mr. Cantrell replied he can have it completed within 180 days. Commissioner Dudziak questioned Mr. Cantrell regarding the cattle business that was stated in his letter? Mr. Cantrell replied he does not have a cattle business, however, he does have an AG exemption on the property. Commissioner Dudziak questioned staff if the ordinance precludes Mr. Cantrell from having the cattle? Ron Ruthven replied the Land Development Code allows grazing animals in the AG-Agricultural zoning district. Commissioner Phelps questioned Mr. Cantrell regarding if the structure will be metal? Mr. Cantrell replied yes. Commissioner Phelps questioned Mr. Cantrell regarding if the adjacent neighbors have been contacted regarding the metal structure? Mr. Cantrell replied he has not contacted the neighbors. Commissioner Phelps questioned Mr. Cantrell if the area where the new barn is to be constructed is heavily wooded? Mr. Cantrell replied it is. He stated his house can not be seen from the street and the neighbor will not be able to see it. Commissioner Phelps questioned Mr. Cantrell if the 180 day requirement can be met with regards to demolishing the old buildings? Mr. Cantrell replied yes. Commissioner Dudziak questioned Mr. Cantrell regarding what is the distance between the other residences? Mr. Cantrell replied there are houses surrounding his property and that the building would be constructed 60 feet from those resident's rear property line. There being no one wishing to speak, the public hearing was closed at 7:52 p.m. Commissioner Redfearn questioned staff regarding if the 60 foot setback for the barn is well beyond the required setback? Ron Ruthven replied City of Colleyville Page 7 Printed on 3/25/2008 Planning and Zoning Commission Minutes -Final March 10, 2008 yes, an accessory structure can be placed within 5 feet of the property line. Commissioner Duffy moved to approve case Z-08-011. Commissioner Redfearn seconded. The motion carried by the following vote: Aye: 7 -Knox, Dudziak, Redfearn, Clardy, Phelps, Duffy, Byerly 8. STAFF COMMENTS, REPORTS AND DISCUSSION ITEMS None 9. COMMISSIONERS' COMMENTS AND REPORTS None 10. ADJOURNMENT The meeting adjourned at 7:53 p.m. I hereby certify the above agenda was posted on the bulletin boards at City Hall onThursday, March 6, 2008 by 5:00 p.m. Amy Shelley, Planning and Zoning Assistant The meeting minutes were approved on March 24, 2008. City of Colleyville Page 8 Printed on 3iz5auva