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HomeMy WebLinkAboutPlanning and Zoning Commission-Minutes-5/12/2008~~, City Hall ~vr. City ~f Co~~eyvi~~e 100 Main Street ~;,~~~ :~ Colleyville, Texas 76034 Minutes -Final 817.503.1000 °~~~" www.colleyville.com Planning and Zoning Commission Monday, May 12, 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 DISCUSSION OF SCHEDULING A WORKSHOP REGARDING GAS WELL DRILLING REVIEW OF REGULAR AGENDA ITEMS DISCUSSION OF PREVIOUS MEETING MINUTES REGULAR MEETING 7:00 P.M. 1. CALL TO ORDER Present: Commissioners Larry Knox, Dave Dudziak, Scott Redfearn, Denis Duffy and Jeff Byerly Absent: Commissioners Michael Clardy and David Phelps Staff: Ron Ruthven, Justin Bass and Jeremy Hutt 2. ROLL CALL 3. INVOCATION The invocation was given by Commissioner Byerly. 4. PLEDGE OF ALLEGIANCE 5. APPROVAL OF MINUTES Commissioner Dudziak moved to approve the April 28, 2008 meeting minutes as written. Commissioner Knox seconded. The motion carried by the following vote: Aye: 5 -Knox, Dudziak, Redfearn, Duffy, Byerly Absent: 2 -Clardy, Phelps City of Colleyville Page 1 Printed on 6/10/2008 Planning and Zoning Commission Minutes -Final 6. CITIZEN COMMENTS REGARDING ITEMS NOT ON THE AGENDA None 7. REGULAR AGENDA ITEMS May 12, 2008 7a Approval of a request by Mark Allan for a waiver of the tree mitigation requirements in the Land Development Code for Lot 48R1A, Block 4 of the Western Trails Addition, located at 607 Frontier Court, Case G-08-020 Justin Bass presented the case and briefed the Commission. Mark Allan, representing the property owner, came forward to present the case and brief the Commission. Commissioner Duffy questioned Mr. Allan regarding the time it has taken to apply for the tree mitigation? Mr. Allan replied the property owner relied on the contractor to take care of everything and he failed to do so. Commissioner Duffy stated to Mr. Allan that some of the trees that were removed were not out of necessity but for convenience. Mr. Allan stated the retaining wall was not represented on the drawings in the proper location; therefore, those trees were removed for the purpose of the retaining wall. He stated the property owner wanted to save as many trees as possible but the retaining walls did not allow for keeping most of the trees. Commissioner Duffy stated the wall does not go any where near most of the trees that were removed. Commissioner Duffy questioned Mr. Allan regarding if the contractors were aware of the situation when the permits were pulled? Mr. Allan replied he did not know at this point. Commissioner Dudziak questioned Mr. Allan regarding the statement of a hardship, what is the hardship, that they can not afford to plant the trees or that they can not afford the money to mitigate for them? Mr. Allan replied the practical difficulty to replace this amount of trees on the lot given the extent of the trees that have survived. He stated the trees that have remained and the retaining wall will make it difficult to create spots for the trees to be planted. Commissioner Dudziak stated if the planting of the trees is the hardship; the City gives an alternative to mitigate the planting of those trees by paying into the tree mitigation fund. Mr. Allan replied knowing what the code was meant for, however, paying the penalty is a separate issue. Commissioner Dudziak stated it is not a penalty, it is an option. City of Colleyville Page 2 Printed on 6/10/2008 Planning and Zoning Commission Minutes -Final May 12, 2008 Commissioner Knox questioned Mr. Allan regarding if the retaining walls required tie backs? Mr. Allan replied yes and he explained the process that was involved with the building of the walls. Commissioner Redfearn questioned Mr. Allan regarding if those trees were taken down without the property owner's knowledge? Mr. Allan's response could not be heard because he did not speak into the microphone. Commissioner Byerly questioned Mr. Allan regarding if the lot is currently for sale? Mr. Allan replied yes. Commissioner Byerly questioned Mr. Allan regarding if the property owners bought the lot to build a house on it? Mr. Allan replied yes, however as a result of the cost of the walls, they have decided not to build on it. Commissioner Redfearn questioned staff regarding if trees are allowed to be removed would they be in the foot print of the building pad? Ron Ruthven replied yes, the setback envelope as well as utility easements. He stated the retaining walls are not considered structures and the retaining walls on this property are outside of the building pad. Discussion occurred between Commissioner Duffy and staff regarding the drawings and the existing trees. Commissioner Duffy questioned Mr. Allan regarding what effect does the Commission's act on the request have to do with the sale of the property? Mr. Allan replied the approval of the application would be helpful in the sale of the property. He stated there are no potential buyers and a resolution for this variance would benefit the current property owner. Commissioner Redfearn questioned staff regarding what surrounds this property? Ron Ruthven replied undeveloped to the sides and across the street is residential as well as behind the lot. Commissioner Dudziak moved to deny case G-08-019. Commissioner Duffy seconded. Commissioner Redfearn questioned staff regarding when would the mitigation payment be collected? Ron Ruthven replied prior to the issuance of the certificate of occupancy for the property. Commissioner Redfearn stated having sympathy to the property owner regarding the construction of the retaining walls. He stated it does seem City of Colleyville Page 3 Printed on 6/10/2008 Planning and Zoning Commission Minutes -Final May 12, 2008 reasonable that some trees would be lost. He stated it would appear the retaining walls were necessary. He stated it does seem that some of the trees were necessary to be removed and others were not. He stated any type of structure can damage oak trees. The motion to deny carried by the following vote: Aye: 4 -Knox, Dudziak, Duffy, Byerly Nay: 1 -Redfearn Absent: 2 -Clardy, Phelps 8. PUBLIC HEARING AGENDA ITEMS 8a Approval of a request for a zoning change from AG-Agricultural to CC1-Village Retail on 0.6 acres out of the Absalom J. Survey located at 7011 Colleyville Boulevard, Case Z-08-015 Justin Bass presented the case and briefed the Commissioners. Commissioner Dudziak questioned staff regarding the commercial buffer, how close can a building be built to the residential area? Ron Ruthven replied a 20 foot landscape buffer is required and no impervious cover or structure would be allowed in the buffer area. Commissioner Dudziak questioned if there is a building line in addition to the buffer area? Ron Ruthven replied yes, the building line is 25 feet for commercial zoning districts that abut a residential zoning district. He stated the landscape buffer of 20 feet is required as well. Commissioner Dudziak stated there could be a structure 5 feet outside of the 20 foot landscape buffer. Commissioner Dudziak questioned staff if there is a height restriction for that structure? Ron Ruthven replied the height can be at a maximum 8 feet and it can go up an additional one foot, at a 45 degree angle for every one foot away from the property line. He stated there could be a building of 32 feet if placed 25 feet from the property line. He stated a 35 foot building would be the maximum for this zoning district. Commissioner Redfearn questioned staff regarding if the neighborhood adjacent to this development, Longwood Estates, is zoned PUDC-Planned Unit Development Commercial? Ron Ruthven replied correct, however, the homes are residential as allowed by that PUDC ordinance. Commissioner Redfearn questioned staff regarding if that 20 foot buffer is required even though the properties adjacent to the subject property is zoned PUDC? Ron Ruthven replied yes, the PUDC ordinance allows for that portion to be residential. City Attorney Kallas concurred, the use is City of Colleyville Page 4 Printed on 6/10/2008 Planning and Zoning Commission Minutes -Final May 12, 2008 residential. Commissioner Byerly opened the public hearing at 7:30 p.m. Kip Whitman, applicant, came forward to present the case and brief the Commissioners. There being no one wishing to speak, the public hearing was closed at 7:40 p.m. Commissioner Duffy moved to approve case Z-08-015. Commissioner Redfearn seconded. Commissioner Dudziak questioned staff regarding how wide is this property? Ron Ruthven replied 102 feet. Commissioner Redfearn questioned staff regarding how is the property currently accessed? Ron Ruthven replied there is a 24 foot access easement that runs along the southern property line adjacent to this development. Commissioner Dudziak questioned staff regarding if that easement will go away with this development? Ron Ruthven replied no, it will remain in place however, the applicant has indicated that it will no longer be needed. Commissioner Dudziak questioned staff regarding if there can be buildings on the access easement? Ron Ruthven replied no. Commissioner Redfearn questioned staff regarding if the access easement is zoned AG-Agricultural or CC1-Village Retail? Ron Ruthven replied currently AG-Agricultural. Commissioner Byerly questioned staff if the subject property would have to be platted once it is zoned? Ron Ruthven replied yes as part of the existing plat, The Gardens. Commissioner Byerly stated this property has been master planned to be commercial. The motion carried by the following vote: Aye: 5 -Knox, Dudziak, Redfearn, Duffy, Byerly Absent: 2 -Clardy, Phelps 9. TABLED AGENDA ITEMS City of Colleyville Page 5 Printed on 6/10/2008 Planning and Zoning Commission Minutes -Final May 12, 2008 9a Approval of a replat of Lot 1, Block 1 of the Redding Addition located at 710 Glade Road, Case P-08-013 Commissioner Duffy moved to remove this item from the table. Commissioner Byerly seconded. The motion carried by the following vote: Aye: 5 -Knox, Dudziak, Redfearn, Duffy, Byerly Absent: 2 -Clardy, Phelps Justin Bass presented the case and briefed the Commissioners. Commissioner Duffy questioned staff regarding the existing buildings? Justin Bass replied yes, there is only one building, a current commercial structure. John Morgan, representing the property owner, came forward to present the case and brief the Commissioners. Commissioner Redfearn questioned Mr. Morgan regarding what is currently located on the properties? Mr. Morgan replied the old mayor's house is located on the Lot 1 R2. Commissioner Duffy questioned Mr. Morgan regarding the one driveway on Glade Road? Mr. Morgan replied yes, there will be cross access from Lot 1 R2 to Lot 1 R3. He stated one driveway will be sufficient for the lots to limit the entrances. Commissioner Duffy stated there are concerns with additional cuts onto Glade Road. Commissioner Byerly stated the applicant is ok with only having one entrance. Mr. Morgan stated the lots are larger than what is required for the zoning district. Commissioner Redfearn questioned Mr. Morgan regarding if the request is the same as stated in the previous meeting? Mr. Morgan concurred. Commissioner Knox moved to approve case P-08-013. Commissioner Byerly seconded. The motion carried by the following vote: Aye: 4 -Knox, Redfearn, Duffy, Byerly Nay: 1 -Dudziak Absent: 2 -Clardy, Phelps City of Colleyville Page 6 Printed on 6/10/2008 Planning and Zoning Commission Minutes -Final 10. STAFF COMMENTS, REPORTS AND DISCUSSION ITEMS None 11. COMMISSIONERS' COMMENTS AND REPORTS None 12. ADJOURNMENT The meeting adjourned at 7:50 p.m. May 12, 2008 I hereby certify the above agenda was posted on the bulletin boards at City Hall on Thursday, May 8, 2008 by 5:00 p.m. Amy Shelley, Planning and Zoning Assistant The meeting minutes were approved on June 9, 2008. City of Colleyville Page 7 Printed on 6/10/2008