HomeMy WebLinkAboutPlanning and Zoning Commission-Minutes-5/26/2009~~~~;_~~ ~ City of Colleyville
Minutes -Final
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Planning and Zoning Commission
City Hall
100 Main Street
Colleyville, Texas 76034
817. 503.1000
www.colleyville.com
Tuesday, May 26, 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 May 26, 2009 at 7:00 p.m.
2. ROLL CALL
Present: Commissioners Larry Knox, Dave Dudziak, Scott Redfearn,
Michael Clardy, David Phelps and Jeff Byerly
Absent: Commissioner Ron Rotthaus
Staff Present: Ron Ruthven, Jeremy Hutt and Amy Shelley
3.
INVOCATION
The invocation was given by Commissioner Dudziak.
4.
5.
PLEDGE OF ALLEGIANCE
APPROVAL OF MINUTES
Commissioner Redfearn moved to approve the May 11, 2009 meeting
minutes with the correction to delete the "?" in paragraph 3.
Commissioner Phelps seconded.
The motion carried by the following vote:
Aye: 6 -Knox, Dudziak, Redfearn, Clardy, Phelps, Byerly
Absent: 1 -Rotthaus
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Planning and Zoning Commission Minutes -Final
May 26, 2009
6. CITIZEN COMMENTS REGARDING ITEMS NOT ON THE AGENDA
None
7. PUBLIC HEARING AGENDA ITEMS
7a Approval of a request for a replat for the Heritage Oaks Addition located
in the 5000-5200 block of Heritage Avenue, Case PC09-007
Ron Ruthven presented the case and briefed the Commissioners.
Commissioner Byerly opened the public hearing at 7:03 p.m.
Bruce Scasta, the applicant and developer for Mady Development, came
forward to present the case and brief the Commissioners.
Cindy Lamply, resident in Heritage Oaks, came forward and stated the
developer has not brought the bylaws for the Homeowner's Association
forward as an amendment.
There being no one wishing to speak, the public hearing was closed at
7:05 p.m.
Commissioner Redfearn questioned staff regarding if the plat meets the
requirements of the original ordinance? Ron Ruthven replied yes it does
comply with the PUDR ordinance that governs the development.
Commissioner Redfearn moved to approve case PC09-007.
Commissioner Byerly seconded.
Commissioner Phelps questioned staff regarding at what time does the
Homeowner's restrictions need to be met? Commissioner Byerly stated
that issue is a private issue between the developer and the homeowners.
Ron Ruthven concurred and stated those bylaws are private and the City
therefore has no governing rights over them.
Commissioner Byerly stated the approval of the plat is an administerial
act and if it meets all of the requirements of the ordinance, the
Commission is bound by law to approve it. He stated it is rare to have a
public hearing for a plat, but for a replat, there is a public hearing.
The motion carried by the following vote:
Aye: 6 -Knox, Dudziak, Redfearn, Clardy, Phelps, Byerly
Absent: 1 - Rotthaus
7b Approval of a Special Use Permit for a carport on Lot 15, Block 2, Jewel
Estates Addition located at 1104 Emerald Court, Case ZC09-006
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Planning and Zoning Commission Minutes -Final
May 26, 2009
Commissioner Byerly opened the public hearing at 7:10 p.m.
Jerry David, the applicant and builder, came forward to present the case
and brief the Commissioners.
Commissioner Dudziak questioned Mr. David regarding if there are any
plans to enclose the structure? Mr. David replied not at this time.
There being no one wishing to speak, the public hearing was closed at
7:10 p.m.
Commissioner Dudziak moved to re-open case ZC09-006 to hear an
additional speaker. Commissioner Redfearn seconded.
The motion carried by the following vote:
Aye: 6 -Knox, Dudziak, Redfearn, Clardy, Phelps, Byerly
Absent: 1 -Rotthaus
Commissioner Byerly opened the public hearing at 7:11 p.m.
H.L. Merril, 1106 Emerald Ct, spoke in favor of the request and stated
they have built a very nice house.
There being no one wishing to speak, the public hearing was closed at
7:11 p.m.
Commissioner Phelps moved to approve case ZC09-006.
Commissioner Clardy seconded.
The motion carried by the following vote:
Aye: 6 -Knox, Dudziak, Redfearn, Clardy, Phelps, Byerly
Absent: 1 -Rotthaus
8. ADJOURNMENT
The meeting adjourned at 7:12 p.m.
I hereby certify the above agenda was posted on the bulletin boards at City Hall
on Thursday, May 21, 2009 by 5:00 p.m.
Amy Shelley, Planning and Zoning Assistant
The meeting minutes were approved at the July 13, 2009 meeting.
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City of Colleyville Page 3 Printed on 7/14/2009