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HomeMy WebLinkAboutPlanning and Zoning Commission-Minutes-3/23/2009~ . City of Colleyville City Hall ,~~~"p,~h~>ri_,U 100 Main Street Minutes - F i na I Colleyville, Texas 76034 `° ~ °~ 817. 503.1000 Planning and Zoning Commission www'colleyville.com Monday, March 23, 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 The Planning and Zoning Commission meeting of the City of Colleyville was called to order by Chairman Byerly on March 23, 2009 at 7:00 p.m. 2. ROLL CALL Present: Commissioners Larry Knox, Dave Dudziak, Scott Redfearn, Ron Rotthaus, David Phelps and Jeff Byerly Absent: Commissioner Michael Clardy Staff Present: Ron Ruthven, Justin Bass, Jeremy Hutt, Jennifer Fadden and Amy Shelley 3. INVOCATION The invocation was given by Commissioner Rotthaus. 4. PLEDGE OF ALLEGIANCE 5. APPROVAL OF MINUTES Commissioner Phelps moved to approve the February 23, 2009 meeting minutes as written. Commissioner Knox seconded. City of Colleyville Page 1 Printed on 4/14/2009 Planning and Zoning Commission Minutes -Final March 23, 2009 The motion carried by the following vote: Aye: 6 -Knox, Dudziak, Redfearn, Rotthaus, Phelps, Byerly Absent: 1 -Clardy 6. CITIZEN COMMENTS REGARDING ITEMS NOT ON THE AGENDA None 7. REGULAR AGENDA ITEMS 7a Reconsideration of a request for a waiver of the construction or escrow of funds for sidewalks on Lot 1, Block 1 of the Janice Estates Addition located at 1708 Oak Knoll Dr., Case GC09-003 Justin Bass presented the case and briefed the Commissioners. Commissioner Byerly moved to deny case GC-09-003. Commissioner Dudziak seconded. Commissioner Phelps questioned staff regarding how long has this sidewalk requirement been in place for this neighborhood? Justin Bass replied the new plans were approved last November. Commissioner Phelps questioned staff regarding the time frame for the sidewalks to be built according to the new plans or will those plans be determined on an as needed basis; years, months or undetermined? Ron Ruthven replied there are no plans at this time to construct a sidewalk along Oak Knoll, in terms of any capital improvements plans within the near future. However, any escrow paid on this property would allow those monies to be used elsewhere within the neighborhood district. He stated typically, a new sidewalk would have to be constructed where a new home is constructed, regardless on the subdivision. Commissioner Phelps concurred with staff, however, he stated to staff that a line has been drawn on this map and he questioned rather or not a new sidewalk would really happen in this area? Ron Ruthven replied the recommendations for the supplemental sidewalk map were formulated by the Sidewalk and Trails Committee over a period of years. He stated anything on the supplemental sidewalk map, for the future, are possibilities depending on funding for those projects. Commissioner Redfearn questioned staff regarding if the construction of the home is complete or not? Ron Ruthven replied nearing completion, within the next several weeks. Commissioner Redfearn questioned staff regarding this issue would City of Colleyville Page 2 Printed on 4N4/2009 Planning and Zoning Commission Minutes -Final March 23, 2009 have to be resolved at the time of completion of the home? Ron Ruthven replied yes, they would be required to escrow for the sidewalk or construct the sidewalk prior to the issuance of the final inspection. Commissioner Redfearn questioned staff regarding if these funds had been escrowed at the beginning of construction, how would they have been notified of the possible refund, as stated in this ordinance? Ron Ruthven replied they could have appealed the refund request to city staff and had staff denied the request, they would have had to appeal that decision to City Council. Commissioner Phelps stated to staff the adjacent property owners will not have this issue, unless they decide to rebuild. Ron Ruthven concurred. Commissioner Phelps stated the reality of actually having a sidewalk in front of this house is slim. Ron Ruthven concurred, the property owner would pay into escrow instead of constructing. Commissioner Phelps stated this waiver makes sense for this neighborhood. Commissioner Byerly stated that is why this ordinance is in place, so that those escrowed monies could be spent within the neighborhood district. Commissioner Phelps agreed, except that funds will have to accrue for this street. Ron Ruthven concurred, except that before the escrowed monies would have been locked into place for the property for which it was paid for, not the neighborhood district. Commissioner Redfearn questioned staff what determines whether or not the property owner pays to escrow or builds the sidewalk? Ron Ruthven replied it would be at the property owners discretion. The motion to deny carried by the following vote: Aye: 4 -Knox, Dudziak, Redfearn, Byerly Nay: 2 - Rotthaus, Phelps Absent: 1 -Clardy 7b Approval of an amended plat of Lots 6 and 7, Block 1 of the Vanguard Estates Addition located at 7109 Vanguard Court, Case PC09-004 Justin Bass presented the case and briefed the Commissioners. Charles Hooks Jr., applicant, came forward to present the case and brief the Commissioners. Commissioner Phelps questioned staff regarding why the 5 1/2 feet is being requested for the side setback as opposed to acquiring a full 10 feet to bring this lot into compliance with the side setback? Justin Bass City of Colleyville Page 3 Printed on 4/14/2009 Planning and Zoning Commission Minutes -Final March 23, 2009 replied there is an existing retaining wall and additionally the adjcent property owner has a pool. He stated if the setback is moved any further, it would encroach on the pool. Commissioner Redfearn questioned staff regarding where they, the property owners, thought the property line was? Mr. Hooks came forward to reply and stated the property owners never realized the property line was in the wrong place. He stated not knowing where they thought the property line was located. Commissioner Phelps stated the new home was built on the property line as opposed to the setback. Mr. Hooks concurred. Commissioner Phelps questioned Mr. Hooks regarding if there is an issue out there, an extra iron marker, that may need to be removed? Mr. Hooks replied the developer made errors in the beginning for lots 5-7. He stated the original surveyor of the subdivision violated State laws by developing the subdivision, having the plat approved and filing the plat without having ever set one iron pin out there. He explained to the Commissioners how they determined the lot lines and then determined the need to amend the plat to correct, or help correct, the property lines between lots 6 and 7. Commissioner Dudziak questioned Mr. Hooks, for clarification, the original surveyor did not put out any iron markers for the lots? Mr. Hooks replied correct. He stated went through about 12 lots and did not find one pin for the original surveyor. Commissioner Phelps questioned Mr. Hooks regarding if the other lots are surveyed correctly? Mr. Hooks replied not really knowing of any other issues. Commissioner Rotthaus questioned Mr. Hooks regarding if the southern most property line for lot 7, is it correct? Mr. Hooks replied now it is, the whole lot has been positioned and he is paying for any mistakes that have been made with regards to fences, sprinkler systems and driveways. Commissioner Phelps moved to approve case PC09-004. Commissioner Rotthaus seconded. Commissioner Dudziak stated it being disturbing that a plat is incorrect, did the city make this mistake, could this have been caught before hand. City Attorney Kailas replied this issue is not directly related to the motion. He stated you may want to discuss your concern with staff. Commissioner Dudziak questioned if the plat is legal, can the Commission take action on this plat? City Attorney Kailas replied the City of Colleyville Page 4 Printed on 4/14/2009 Planning and Zoning Commission Minutes -Final March 23, 2009 motion being made is legal and can be voted on tonight. The motion carried by the following vote: Aye: 6 -Knox, Dudziak, Redfearn, Rotthaus, Phelps, Byerly Absent: 1 -Clardy 8. ADJOURNMENT The meeting adjourned at 7:27 p.m. I hereby certify the above agenda was posted on the bulletin boards at City Hall on Thursday, March 19, 2009 by 5:00 p.m. Amy Shelley, Planning and Zoning Assistant THe meeting minutes were approved on April 13, 2009. City of Colleyville Page 5 Printed on 4/14/2009