HomeMy WebLinkAboutPlanning and Zoning Commission-Minutes-1/12/2009~~:, City of Colleyville
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Minutes -Final
Planning and Zoning Commission
City Hall
100 Main Street
Colleyville, Texas 76034
817. 503.1000
www.colleyville.com
Monday, January 12, 2009
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 January 12, 2009 at 7:07
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, Rob McKeown, Jeremy Hutt
and Amy Shelley
3. INVOCATION
The invocation was given by Commissioner Phelps.
4. PLEDGE OF ALLEGIANCE
5. APPROVAL OF MINUTES
Commissioner Dudziak moved to approve the December 8, 2008
meeting minutes as written. Commissioner Redfearn seconded.
The motion carried by the following vote:
Aye: 7 -Knox, Dudziak, Redfearn, Clardy, Phelps, Rotthaus, Byerly
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Planning and Zoning Commission Minutes -Final
January 12, 2009
6. CITIZEN COMMENTS REGARDING ITEMS NOT ON THE AGENDA
None
7. REGULAR AGENDA ITEMS
7a Approval of a preliminary plat on Lot 1, Block 1 of the Burbank Addition
being 2.6 acres for Lots 1-5, Block 1 of the Black Drive Subdivision,
Case PC08-001
Justin Bass presented the case and briefed the Commissioners.
Commissioner Redfearn questioned staff regarding if sidewalks would be
required to run on both sides of the new street? Ron Ruthven replied
they would be required on both sides of the street.
Commissioner Phelps stated to staff that the plat does not show room for
the sidewalks. Ron Ruthven stated the sidewalks would be placed in the
right of ways between the pavement edge of the new street.
Commissioner Knox moved to approve case PC08-001. Commissioner
Clardy seconded.
The motion carried by the following vote:
Aye: 7 -Knox, Dudziak, Redfearn, Clardy, Phelps, Rotthaus, Byerly
8. PUBLIC HEARING AGENDA ITEMS
ga Approval of a replat of Lot 3, Block 1 of the Sunrise Terrace Addition
located at 1117 Glade Road, Case PC08-002
Justin Bass presented the case and briefed the Commissioners.
Commissioner Phelps questioned staff regarding the alignment of the
entrance with regards to the entrance across the street, would those
entrances need to be aligned with each other or off set from each other?
Ron Ruthven replied the entrance with the businesses across the street
will take precedence witht he alignment of the proposed entrance. He
stated the fire code will take precedence with the alignment of this
entrance and the current configuration does meet city code.
Commissioner Byerly opened the public hearing at 7:14 p.m.
Roger Hart, applicant, came forward to present the case and brief the
Commissioners.
There being no one wishing to speak, the public hearing was closed at
7:14 p.m.
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Commissioner Redfearn moved to approve case PC08-002.
Commissioner Rotthaus seconded.
The motion carried by the following vote:
Aye: 7 -Knox, Dudziak, Redfearn, Clardy, Phelps, Rotthaus, Byerly
8b Approval of an amendment to Chapter 3-Land Use of the Land
Development Code regarding fences and residential carports, Case
G-09-003
Ron Ruthven presented the case and briefed the Commissioners.
Commissioner Dudziak questioned staff regarding Section D, a, could
stone be used? Ron Ruthven replied stone would fall under masonry.
He stated the Land Development Code gives the Building Official the
ability to make good design standards to keep the aesthetics with the
neighborhood.
Commissioner Clardy questioned staff regarding if there is a general
parameter with the gate setback? Ron Ruthven replied staff did not
propose a specific distance from the property line, given some of the
roads have varied right of ways and there are also instances with large
rights of ways with small pavement widths. He stated this would be
taken by on a case by case basis with the Building Official's approval.
Discussion occurred between the Commissioners and staff with regards
to the proper language to be used for the perimeter subdivision fence
standards.
Commissioner Byerly moved to approve case G-09-003 with the
following corrections: 1) Section 3.26, D, 1, place a period after "faces"
and delete everything after that; 2) Make the gate setback Section C; 3)
Make old section C, into Section D and add in lots containing a minimum
of 40,000 square feet and subdivisions shall be allowed to construct a
perimeter subdivision fence within the front yard setback 4) Said fencing
shall be no greater than 8 feet in height and shall have no greater than
25%solid construction. Commissioner Clardy seconded.
Staff assured the Commissioners that they would get clarification from
the City Attorney's office regarding the language for the ordinance to be
presented to City Council.
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Planning and Zoning Commission Minutes -Final January 12, 2009
The motion carried by the following vote:
Aye: 7 -Knox, Dudziak, Redfearn, Clardy, Phelps, Rotthaus, Byerly
Commissioner Phelps questioned staff for clarity regarding if
anything under the 40,000 square foot requirement would still have
to go to the Zoning Board of Adjustment for approval? Ron
Ruthven replied yes.
gc Approval of an amendment to Section 3.24-Schedule of Permitted Uses
of Chapter 3-Land Use of the Land Development Code regarding wind
driven generators, Case G-09-004
Ron Ruthven presented the case and briefed the Commissioners.
Commissioner Phelps questioned staff if HOA's will have any particular
clause in their requirements? Ron Ruthven replied some will have deed
restrictions, however, he does not know of any in Colleyville since there
has not been an application made for one.
Commissioner Dudziak questioned staff regarding if fencing is required
around the wind driven generator to limit climbing access? Ron Ruthven
replied there is no requirement at this time.
Commissioner Dudziak questioned staff if regulations will be in place to
limit access to the structure, for instance, if there is a ladder built on or
into the device for maintenance? Ron Ruthven replied there are none
with regards to this, however, the Commission can add those restrictions
for a perimeter fence. He stated, typically, there may be a fence on the
yard where a structure would be located.
Commissioner Dudziak questioned staff regarding if there are
requirements for the wiring of the structure, underground or will it hang
from the structure? Ron Ruthven replied they will have to meet the
electric code requirements in the building code. He stated those would
be required for safe wiring standards. He stated the Commission can
require underground wiring, conduit.
Commissioner Dudziak stated he would like to see a minimum acreage,
size. He stated he would like to see 1.25 acres. He stated there should
be requirements regarding the measurement of the tower height, floor
level, ground level, some type to find where the 50 foot would start. He
stated he would like to see a prohibition with regards to adding the
structure to a house or to a roof top. Ron Ruthven stated the structure
should be independent from the main structure, or attached to any
structure. Commissioner Dudziak concurred.
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Planning and Zoning Commission Minutes -Final January 12, 2009
Commissioner Byerly opened the public hearing at 8:03 p.m. for this item
and the previous item.
There being no one wishing to speak, the public hearing was closed at
8:03 p.m for this item and the previous item.
Commissioner Dudziak moved to approve case G-09-004 with all
aforementioned guidelines: 1) Minimum lot size of 1.5 acres 2) Wiring
should be undergound conduit 3) Tower shall be independent of the
home and/or any structure 4) Tower must either: (a) have a locked
anti-climb device installed on the tower; or (b) be completely enclosed by
a locked, protective fence at lease 6 feet high 5)Tower height shall be
measured at 50 feet from existing ground level to the highest point of the
tower. Commissioner Phelps seconded.
Commissioner Phelps questioned staff regarding the typical, 50 foot
structure, what percentage of the 50 feet will be the top blade to the
bottom blade distance to from the ground? Ron Ruthven stated the
structures come in all shapes and sizes. Commissioner Phelps stated
wanting some guidelines for the blade with regards to the distance to the
ground. He stated not wanting the blade to get close to the ground for
the safety of the neighbors. Ron Ruthven stated if a Special Use Permit
is submitted for one, the Commission can look at each one on a case by
case basis.
Commissioner Clardy questioned staff regarding if periodic inspections
are routinely completed? Justin Bass replied not having seen any
inspection guidelines. He stated the companies that construct the
structure are the ones that usually do the periodic inspections.
Commissioner Byerly questioned staff regarding if any other ordinances
have minimum lot sizes in other cities; he thought to make them efficient
enough to have, an acre would be required? Justin Bass replied that the
companies that install the structures come and inspect the properties to
make sure the location of the tower is in place to be most efficient for the
use of the tower. Ron Ruthven stated Grand Prairie has a minimum
requirement of two acres.
The motion carried by the following vote:
Aye: 7 -Knox, Dudziak, Redfearn, Clardy, Phelps, Rotthaus, Byerly
9. ADJOURNMENT
The meeting adourned at 8:15 p.m.
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Planning and Zoning Commission Minutes -Final January 12, 2009
I hereby certify the above agenda was posted on the bulletin boards at City Hall
on Thursday, January 8, 2009 by 5:00 p.m.
Amy Shelley, Planning and Zoning Assistant
The meeting minutes were approved on January 26, 2009.
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