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HomeMy WebLinkAboutPlanning and Zoning Commission-Minutes-4/28/2008City of Colleyville ColleyvilleaTexas76034 ~~'~~ ~~ ~- "~ (817) 503-1000 Minutes -Final www.colleyville.com ~...., Planning and Zoning Commission Monday, April 28, 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 April 28, 2008 at 7:00 p.m. 2. ROLL CALL Present: Commissioners Larry Knox, Dave Dudziak, Michael Clardy, David Phelps, Denis Duffy and Jeff Byerly Absent: Commissioner Scott Redfearn Staff Present: Ron Ruthven, Justin Bass, Jeremy Hutt, Robert McKeown and Amy Shelley 3. INVOCATION The invocation was given by Commissioner Knox. 4. PLEDGE OF ALLEGIANCE 5. APPROVAL OF MINUTES Commissioner Phelps moved to approve the April 14, 2008 meeting minutes with spelling corrections on pages 4 and 5. Commissioner Knox seconded. City of Colleyville Page 1 Printed on 5N3/2008 Planning and Zoning Commission Minutes -Final April 28, 2008 The motion carried by the following vote: Aye: 6 -Knox, Dudziak, Clardy, Phelps, Duffy, Byerly Absent: 1 -Redfearn 6. CITIZEN COMMENTS REGARDING ITEMS NOT ON THE AGENDA None 7. REGULAR AGENDA ITEMS 7a Approval of a Preliminary Plat of 6.4 acres on Tract 3B of Abstract 1543 in the George W. Teeter Survey for Carmel Place Estates Addition located at 1301 Glade Road, Case P-08-015 Ron Ruthven presented the case and briefed the Commission. Commissioner Dudziak questioned staff regarding if any ammenities were added since the previous discussion with the Planning and Zoning Commission with regards to the reduction of open space? Ron Ruthven replied the front portion along Glade Road will contain a meandering sidewalk with trees and open space as well as a pond at the back of the property that will be used as a detention pond. Commissioner Knox moved to approve case P-08-015. Commissioner Clardy seconded. The motion carried by the following vote: Aye: 4 -Knox, Clardy, Phelps, Byerly Nay: 2 -Dudziak, Duffy Absent: 1 -Redfearn 8. PUBLIC HEARING AGENDA ITEMS ga Approval of a replat of Lot 1, Block 1 of the Redding Addition located at 710 Glade Road, Case P-08-013 Justin Bass presented the case and briefed the Commissioners. Commissioner Phelps questioned staff regarding if there is an issue with having two commercial driveways on Glade Road? Ron Ruthven replied that the Engineering Department had requested one driveway entrance from Glade Road given that there is an existing driveway adjacent to the property that would restrict it to one access point. Commissioner Byerly opened the public hearing at 7:09 p.m. Joan Vandergriff, the applicant, 5317 Bluebonnet, came forward to City of Colleyville Page 2 Printed on 5/13/2008 Planning and Zoning Commission Minutes -Final April 28, 2008 answer any questions. Commissioner Duffy questioned Ms. Vandergriff regarding what is the purpose of splitting the property? Ms. Vandergriff replied it would be easier to market with two commercial properties. She stated having no issue with one entrance on Glade Road. Discussion occurred between Commissioner Phelps and Ms. Vandergriff regarding the number of lots and access for each. Commissioner Duffy questioned Ms. Vandergriff regarding if both Glade properties would be served by one driveway? Ms. Vandergriff replied yes. Commissioner Duffy questioned Ms. Vandergriff regarding what the Old Glade Road entrance would serve? Ms. Vandergriff replied one of the three lots that is on the plat for consideration, 1 R1. She stated the new property owner could move the entrance if they so chose. Discussion occurred between Commissioner Duffy and Ms. Vandergriff regarding what structures would remain on the property. There being no one wishing to speak, the public hearing was closed at 7:15 p.m. Commissioner Phelps stated having concerns for the smaller lot on Glade Road. He stated both lots will be non-compliant on the Glade Road side. Commissioner Byerly questioned staff if the lot width is the only waiver that is being requested? Justin Bass replied yes. Commissioner Byerly stated not having an issue with the waiver request since there will be a common access for both lots on Glade Road. Commissioner Phelps moved to approve case P-08-013 as presented with the waiver request. Commissioner Byerly seconded. Commissioner Dudziak questioned staff regarding what exactly is the waiver? Commissioner Byerly replied the lot width. Commissioner Duffy stated the plat as presented does not benefit the city. Commissioner Byerly disagreed and stated the applicant wants to keep her business and sell the other two properties for future development. He stated if the applicant does not get the approval for the plat, then there is only one commercial lot. He stated there will not be another entrance from Glade Road that would cause a traffic issue. City of Colleyville Page 3 Printed on 5/13/2008 Planning and Zoning Commission Minutes -Final April 28, 2008 Commissioner Phelps questioned staff regarding if there is language in the common access that would restrict only one driveway? Ron Ruthven replied the location of the driveway approach is based on the Land Development Code regarding the minimum spacing of driveway approaches. He stated the common access on the plat would allow the lots to only have access from the one driveway. Commissioner Phelps questioned Ms. Vandergriff if she was aware of that condition and if she is willing to accept it? Ms. Vandergriff stated yes. She stated she is very proud of the property and that the new owners will build with the same look as the old mayor's home. The motion failed by the following vote: Aye: 3 -Knox, Phelps, Byerly Nay: 3 -Dudziak, Clardy, Duffy Absent: 1 -Redfearn Commissioner Dudziak stated having a concern that once the lot is sold, the new owners will want another entrance onto Glade Road. He stated there is no control after the property is sold. He stated having a concern for the lot width. Commissioner Phelps stated this is to allow for the existing business to stay. He stated any waiver requests would have to come back before the Commission for approval. Discussion occurred between Commissioner Duffy and staff regarding the lot sizes and if something can be built on the properties. Discussion occurred between Commissioner Byerly and Commissioner Dudziak regarding what is being requested for the waiver. Commissioner Byerly moved to table case P-08-013 to the next meeting. Commissioner Phelps seconded. City Attorney Kailas reminded the Commission that if the plat is not approved by a motion within the 30 days that it will automatically be approved. The motion carried by the following vote: Aye: 6 -Knox, Dudziak, Clardy, Phelps, Duffy, Byerly Absent: 1 -Redfearn City of Colleyville Page 4 Printed on 5/13/2008 Planning and Zoning Commission Minutes -Final April 28, 2008 8b Approval of a replat of Lot 1R1, Block 1 of the Starbucks Addition located at 5520 Colleyville Boulevard, Case P-08-014 Justin Bass presented the case and briefed the Commission. Commissioner Duffy questioned City Attorney Kallas regarding if the Commission can approve the plat without the abandonment of Church Street? City Attorney Kallas replied the plat can be approved prior to the abandonment because there can be a condition on it that the abandonment can occur before the plat is filed. Commissioner Byerly opened the public hearing at 7:31 p.m. Kevin Patel with the Dimension Group, the applicant, came forward to present the case and brief the Commission. Commissioner Phelps questioned Mr. Patel regarding if the consolidation of this lot is to bring this lot into one body and will it affect any current development? Mr. Patel replied correct, it will not affect any development. He stated all requirements have been made for this project. There being no one wishing to speak, the public hearing was closed at 7:32 p.m. Commissioner Phelps moved to approve case P-08-014. Commissioner Knox seconded. The motion carried by the following vote: Aye: 6 -Knox, Dudziak, Clardy, Phelps, Duffy, Byerly Absent: 1 - Redfearn 8c Request for a replat for Lots 1 R-A and 1 R-B, Block 1 of the K.R. Marsh Addition on 5.7 acres being Lot 1, Block 1 of the K.R. Marsh Addition located at 2201 Oak Knoll Court, Case P-08-016 Justin Bass presented the case and briefed the Commission. Commissioner Byerly opened the public hearing at 7:33 p.m. Jenson Gainer, the applicant, came forward to present the case and brief the Commission. Commissioner Phelps questioned Mr. Gainer regarding the drainage and access to the creek. He stated he appreciated the effort regarding the issues being addressed. Mr. Gainer stated he understood the need for the city to gain access to the drainage easement for the clearing of City of Colleyville Page 5 Printed on 5/13/2008 Planning and Zoning Commission Minutes -Final April 28, 2008 debris in the creek area. Commissioner Duffy questioned Mr. Gainer regarding if the city can gain access to the property for clean up purposes? Mr. Gainer replied yes. There being no one wishing to speak, the public hearing was closed at 7:39 p.m. Commissioner Phelps moved to approve case P-08-016. Commissioner Dudziak seconded. The motion carried by the following vote: Aye: 6 -Knox, Dudziak, Clardy, Phelps, Duffy, Byerly Absent: 1 - Redfearn 8d Approval for a Special Use Permit for alcohol sales for off-premise consumption on a portion of Lot 3, Block 1 of the Tara III Addition located at 1101 Cheek Sparger Road, Suite 107A, Case Z-08-013 Justin Bass presented the case and briefed the Commission. Commissioner Byerly opened the public hearing at 7:41 p.m. Kathy Fontana, the applicant, came forward to present the case and brief the Commission. Commissioner Dudziak questioned Ms. Fontana regarding the hours of operation in the ordinance state 7 a.m. to 9 p.m. and will those hours of operation be acceptable? He stated if those hours are to be extended, then the applicant will have to come back before the Commission and amend the request. He stated now would be the time to request the time for the hours of operation. Ms. Fontana replied she did not know about that and stated she would like the hours to be extended to 10 p.m. Donna Cornell, 4009 Woodstock, spoke in opposition to the request. There being no one wishing to speak, the public hearing was closed at 7:47 p.m. Commissioner Dudziak moved to approve case Z-08-013. Commissioner Duffy seconded. Commissioner Phelps stated he would like to add a friendly amendment to the motion to include the sale of only beer and wine. Both movers concurred. Commissioner Dudziak stated he would like to add a friendly amendment City of Colleyville Page 6 Printed on 5/13/2008 Planning and Zoning Commission Minutes -Final April 28, 2008 to extend the hours of operation to be from 7 a.m. to 10 p.m. Both movers concurred. Commissioner Duffy stated this request is for off premise consumption. He stated there are two facilities that are currently in operation that serve alcoholic beverages. The motion carried by the following vote: Aye: 6 -Knox, Dudziak, Clardy, Phelps, Duffy, Byerly Absent: 1 - Redfearn 9. STAFF COMMENTS, REPORTS AND DISCUSSION ITEMS None 10. COMMISSIONERS' COMMENTS AND REPORTS None 11. ADJOURNMENT The meeting adjourned at 7:50 p.m. I hereby certify the above agenda was posted on the bulletin boards at City Hall on Friday, April 25, 2008 by 12:00 p.m. Amy Shelley, Planning and Zoning Assistant The meeting minutes were approved on May 12, 2008. City of Colleyville Page 7 Printed on 5/13/2008