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HomeMy WebLinkAboutPlanning and Zoning Commission-Minutes-12/8/2008City Hall ~ City of Colleyville 100 Main Street „i~~~_ Colleyville, Texas 76034 ",'~~' Minutes -Final 817.503.1000 ~~ ~ ~- www.colleyville.com Planning and Zoning Commission Monday, December 8, 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 2. ROLL CALL The Planning and Zoning Commission meeting of the City of Colleyville was called to order by Chairman Byerly on December 8, 2008 at 7:00 p.m. Present: Commissioners Larry Knox, Dave Dudziak, Scott Redfearn, Michael Clardy, David Phelps, Ron Rotthaus and Jeff Byerly Staff Present: Ron Ruthven, Justin Bass, Jeremy Hutt 3. INVOCATION The invocation was given by Commissioner Byerly. 4. PLEDGE OF ALLEGIANCE 5. APPROVAL OF MINUTES Commissioner Redfearn moved to approve the November 10, 2008 ~~ meeting minutes with the following addition to page 3, Commissioner Redfearn stated his objection to the motion since a rezoning to AG; RE or R40 would be more appropriate. In addition, he objected on the basis that surrounding neighbors had a reasonable right to expect that there would be no livestock on their streets or in their backyards since this had been zoned R20. Commissioner Dudziak seconded. City of Colleyville Page 1 Printed on v73iruua Planning and Zoning Commission Minutes -Final December 8, 2008 The motion carried by the following vote: Aye: 7 -Knox, Dudziak, Redfearn, Clardy, Phelps, Rotthaus, Byerly 6. CITIZEN COMMENTS REGARDING ITEMS NOT ON THE AGENDA None 7. PUBLIC HEARING AGENDA ITEMS 7a Approval of a replat for Lot 1, Block 1 of Coptic Acres Addition located at 1110 John McCain Road, Case P-08-033 Justin Bass presented the case and briefed the Commissioners. Commissioner Byerly opened the public hearing at 7:05 p.m. There being no one wishing to speak, the public hearing was closed at 7:05 p.m. Commissioner Phelps moved to approve case P-08-033. Commissioner Knox seconded. The motion carried by the following vote: Aye: 7 -Knox, Dudziak, Redfearn, Clardy, Phelps, Rotthaus, Byerly 7b Approval of an amendment to the PUDC-Planned Unit Development Commercial zoning and development requirements of the Longwood Estates at Ross Downs Addition, Case Z-08-016 Justin Bass presented the case and briefed the Commissioners. Commissioner Dudziak questioned staff regarding if there is a concern with a McDonald's or a Wendy's coming in at this location with this approval? Justin Bass replied no, this ordinance will only allow a coffee shop. He stated any other type restaurant use would have to come back to the City for an amendment to the ordinance. Commissioner Byerly opened the public hearing at 7:07 p.m. David McMahan, the applicant, came forward to present the case and brief the Commission. He stated they do not want any fast food establishments on this property other than a coffee shop. Commissioner Byerly questioned Mr. McMahan regarding if the Commission limits the drive up window to the north side of the building, would it be a problem? Mr. McMahan replied not having a problem that condition. City of Colleyville Page 2 Printed on 1/13/2009 Planning and Zoning Commission Minutes -Final December 8, 2008 Commissioner Phelps questioned Mr. McMahan regarding if the traffic flow around the building is one way? Mr. McMahan stated it is wide enough for two way traffic flow. Commissioner Phelps questioned Mr. McMahan regarding if the drive area would be striped? Mr. McMahan replied yes. Commissioner Dudziak questioned Mr. McMahan regarding if there are any plans to put an awning over it? Mr. McMahan replied no, not at this time. He stated the Fire Department has stated there would be certain guidelines to follow if there is an awning placed there in the future. He stated they are willing to comply with those requirements if there is an awning placed there. There being no one wishing to speak, the public hearing was closed at 7:11 p.m. Commissioner Byerly moved to approve case Z-08-016 with the amendment to the ordinance to clarify that the drive thru services only be permitted on the north side of the building on Lot 2, Block 11, where the window is currently located. Commissioner Rotthaus seconded. The motion carried by the following vote: Aye: 7 -Knox, Dudziak, Redfearn, Clardy, Phelps, Rotthaus, Byerly 7c Approval of a Special Use Permit (SUP) for an accessory building and servants or caretakers quarters on Lot 1 R, Block 1 of the Tanglewood Addition located at 7201 Trianon Court, Case Z-08-024 Justin Bass presented the case and briefed the Commissioners. Commissioner Byerly opened the public hearing at 7:15 p.m. Chuck Kramer and Jenny Scarbourgh, representatives for the applicant who is in the hospital, came forward to present the case and brief the Commissioners. Commissioner Phelps questioned Mr. Kramer regarding why is there a need for seperation from the guest house and the main house? Mr. Kramer replied the Hudson's are very private people. They want to give their mother her own space. Commissioner Byerly questioned Mr. Kramer regarding the square footage for the main house, 30,000? Mr. Kramer replied no, that is an error, the main house is 14,000 square feet. City of Colleyville Page 3 Printed on ~n3izuva Planning and Zoning Commission Minutes -Final December 8, 2008 Commissioner Dudziak questioned Mr. Kramer regarding if there is a need for over 2,000 square feet in the servant's quarters, or where the mother will live, as opposed to coming under the guidelines of 1,700 square feet? Mr. Kramer replied the mother is very ill, at times, therefore, there will be other people in the house with her attending her needs. He stated the Hudson's will have family that will come and stay with them at times that will require the space. Commissioner Dudziak questioned Mr. Kramer regarding if the rear of the structure would be screened from John McCain? Mr. Kramer replied they will be landscaping that area. He stated there is a subdivision wall that will be at the rear of this structure as well. Commissioner Clardy questioned, for clarity, Mr. Kramer regarding the accessory structure will be about 14% of the main residence? Mr. Kramer replied correct. There being no one wishing to speak, the public hearing was closed at 7:21 p.m. Commissioner Phelps stated having concerns regarding have multiple units on one property. He stated this does not really lend itself to the typical concerns. Commissioner Dudziak stated having concerns with having a possible rental property for the future. He stated if this is approved, the property could be used for rental property. Commissioner Clardy stated with no garage being attached to this structure, that might keep this unit from being a rental unit. Commissioner Dudziak questioned staff regarding in the draft ordinance, section g, does that statement cover not allowing rental use of the property? Justin Bass replied no. Commissioner Dudziak questioned staff regarding if the ordinance can state that the property may not be used as a rental unit, however, how would it be enforced? Ron Ruthven replied the difficulty would be in enforcing it. He stated with only one meter on the property that can safe guard the use of the guest house as use as a future rental unit. Commissioner Byerly questioned staff if that would include submetering at some point? Ron Ruthven stated the city would not issue a seperate meter. Commissioner Byerly stated they can come in and put in their own meter. Ron Ruthven stated the electric company contacts the Building Department when issuing a seperate meter. He stated the city would not issue a seperate meter. City of Colleyville Page 4 Prinfed on 1/13/2009 Planning and Zoning Commission Minutes -Final December 8, 2008 Commissioner Byerly concurred with Commissioner Dudziak and stated it concerns him most because it is contained in a subdivision. He stated it would be better if it were its own subdivision. He stated the current homeowners have no intention to rent the property, however, the future homeowners may have a different idea about the use of that 2,300 square foot accessory structure. Commissioner Rotthaus stated the property would have to be subdivided if they are to use this as a seperate dwelling unit. Commissioner Byerly stated once the unit is there, depending on the PUD, if they meet those requirements, they can come in and plat however they want to; then you are stuck with how it gets divided. Commissioner Rotthaus stated notification was sent out to the residents and no one has come forward to oppose the request. Commissioner Phelps stated it is difficult to see the dimensions if there is a future split in the lot, if they would not meet the minimum requirements of the PUD ordinance in place. Justin Bass stated the PUD ordinance requires all lots to be a minimum of 30,000 square feet. He stated it would be difficult to split the lot with the structure on it and meet those requirements. He stated the PUD would have to be amended as well. Commissioner Clardy questioned staff regarding if there is a minimum size to the residences in this neighborhood? He stated there may be enough attic space to add another floor. Justin Bass replied not knowing, Mr. Kramer may know. Becky Kramer, representative with Chuck Kramer, came forward and stated no, another floor could not be added because of the slope of the roof line and the attic space. Commissioner Phelps moved to approve case Z-08-024. Commissioner Redfearn seconded. The motion carried by the following vote: Aye: 4 -Redfearn, Clardy, Phelps, Rotthaus Nay: 3 -Knox, Dudziak, Byerly City of Colleyville Page 5 Printed on 1/13/2009 Planning and Zoning Commission Minutes -Final December 8, 2008 8. ADJOURNMENT The meeting adjourned at 7:31 p.m. I hereby certify the above agenda was posted on the bulletin boards at City Hall on December 4, 2008 by 5:00 p.m. Amy Shelley, Planning and Zoning Assistant The meeting minutes were approved on January 12, 2009. City of Colleyville Page 6 Printed on 1/13/2009