HomeMy WebLinkAboutPlanning and Zoning Commission-Minutes-3/23/2009~ . City of Colleyville City Hall
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Minutes - F i na I Colleyville, Texas 76034
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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.
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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
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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
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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
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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.
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