HomeMy WebLinkAboutPlanning and Zoning Commission-Minutes-9/14/2009~..
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t;~~~E~ Minutes -Final
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Planning and Zoning Commission
Monday, September 14, 2009
6:15 PM
City Hall
100 Main Street
Colleyville, Texas 76034
817. 503.1000
www.colleyville.com
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 September 14, 2009 at 7:05
p.m.
Present: Commissioners Larry Knox, Dave Dudziak, Scott Redfearn,
Michael Clardy, Ron Rotthaus, David Phelps and Jeff Byerly
Staff Present: Ron Ruthven, Jeremy Hutt, Marty Wieder, Sarah Coplen,
Rob McKeown 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 July 13, 2009 meeting
minutes with the corrections on pages 4, 5, 7 and 8. Commissioner
Dudziak seconded.
The motion carried by the following vote:
Aye: 7 -Knox, Dudziak, Redfearn, Clardy, Rotthaus, Phelps, Byerly
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6. CITIZEN COMMENTS REGARDING ITEMS NOT ON THE AGENDA
None
7. REGULAR AGENDA ITEMS
7a Approval of a sidewalk waiver request on Lot 2, Block 1, Bettinger Place
Addition located at 6216 Bettinger Road, Case GC09-014
Ron Ruthven presented the case and briefed the Commissioners.
Commissioner Redfearn moved to deny the waiver on case GC09-014.
Commissioner Rotthaus seconded.
The motion carried by the following vote:
Aye: 7 -Knox, Dudziak, Redfearn, Clardy, Rotthaus, Phelps, Byerly
7b Approval of a sidewalk waiver request on Lot 1, Block 1, HEC Addition
and Lot 1 and 2, Block 1, Garden Addition located at 5405, 5503 and
5505 Pleasant Run Road, Case GC09-015
Ron Ruthven presented the case and briefed the Commissioners.
Randy Stringer, with the architectural firm representing the applicant,
First Baptist Church of Colleyville, came forward to present the case and
brief the Commissioners.
Commissioner Redfearn questioned Mr. Stringer regarding where is the
challenge with the culvert or placement of the trail? Mr. Stringer used
the drawings on the overhead to show the Commissioners the issues.
Commissioner Redfearn questioned Mr. Stringer regarding where are the
new structures going to be constructed, on which lot? Mr. Stringer used
the drawings again to show the placement of the new buildings.
Commissioner Clardy questioned Mr. Stringer regarding what is
proposed on parcel 5405 Pleasant Run Road? Mr. Stringer replied on
5405 Pleasant Run Road, the 14,000 square foot youth building is going
to be constructed.
Commissioner Dudziak questioned Mr. Stringer regarding if there are
any plans for 5505 Pleasant Run Road? Mr. Stringer replied it will be
open right now. He stated there are master plans for a volleyball court.
Mr. Stringer questioned the Commissioners regarding what is the
process for the right of way to be adequate? Ron Ruthven replied there
is adequate amount of right of way for the placement of the 10' wide trail
along all three parcels between the property line and the edge of the
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pavement on Pleasant Run. He stated there could be issues if Pleasant
Run is ever widened.
Mr. Stringer questioned if there would be any shared costs?
Commissioner Byerly stated that would be an issue to discuss with staff.
Commissioner Knox questioned Mr. Stringer regarding if the monument
sign is in the right of way or on church property? Mr. Stringer replied the
monument sign is on church property. He stated their survey drawings
show a 50' right of way, not a 20' right of way.
Commissioner Clardy questioned Mr. Stringer if another monument sign
is being proposed at the corner of Church Street and Pleasant Run
Road? Mr. Stringer replied "correct" and corrected his statement
regarding the current monument sign that is in the right of way.
Commissioner Redfearn questioned Mr. Stringer if the new monument
sign would include the historical marker? Mr. Stringer replied the
monument sign would be for the youth of the church for the youth
building. He stated the historical marker would stay. He stated the new
monument sign would be constructed with some of the bricks from the
old school building.
Commissioner Phelps questioned staff regarding if the Colleyville
Elementary School put in a new sidewalk by these same guidelines and
did they have similar issues with the drainage? Jeremy Hutt stated they
incorporated the trail section with the design of their site plan with the
school. He stated they moved the drainage off the edge of the street
farther inside the property to allow for the trail system to be along the
curb.
Commissioner Phelps questioned staff regarding if this were escrowed,
would the city resolve those issues at the time of the improvements of
the road? Jeremy Hutt replied those issues would have to be resolved
before the construction of the sidewalk. He stated, for clarification, for
the width of right of way, there are stipulations in the Land Development
Code for situations like this when right of way is not adequate and the
applicant is not required to plat, and the applicant is required to dedicate
the necessary pedestrian access easement for the construction of the
trail. He stated if the trail required additional land, other than what is
available inside the right of way, the applicant would be required to be
dedicated by separate document granting the access easement. If the
trail interfered with the drainage, the drainage would have to be
improved. He stated we would not allow the construction of a trail that
supercedes the drainage that is in place.
Commissioner Phelps questioned staff regarding if the escrow amounts
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are based purely upon the cost of the sidewalk? Jeremy Hutt replied
correct, not any drainage improvements or land or right of way
purchases.
Commissioner Redfearn stated the applicant stated there is no
connection running north and south. He questioned staff regarding what
is the strategic importance of this particular piece of the trail system?
Jeremy Hutt stated the Pleasant Run trail is the one of the higher ranked
trails on the list as far as the trail system to be built in the upcoming year.
He stated this will have the Village connect to the Cottonbelt Trail
system.
Commissioner Phelps questioned staff regarding why is there a 7'
existing sidewalk on the applicant's plans? Jeremy Hutt reported not
knowing, possibly approved with prior construction, maybe existing
constraints that he is not aware of that would effect the width of the
sidewalk. He stated the plans are to have a 10' trail.
Commissioner Phelps questioned staff regarding if the trail would be
approved without having to come back for approval? Jeremy Hutt
replied staff would have the authority to approve the construction of the
trail.
Commissioner Redfearn states that because of the definitions set forth in
the Land Development Code for structure, these parcels located at 5405,
5503 and 5505 Pleasant Run are subject to the sidewalk requirements.
Ron Ruthven concurred.
Commissioner Clardy questioned staff if the children, who live on Regina
Court or in the Village, go to Bransford Elementary School or Colleyville
Elementary School? Ron Ruthven replied not being able to give a
definite answer, however, having talked with residents who live in the
Village state their children go to Bransford and those who live in Regina
Court go to Colleyville Elementary School. He stated there is a boundary
line in between the two somewhere.
Commissioner Clardy questioned staff regarding if there is a sidewalk
between Colleyville Terrace and Regina Court? Ron Ruthven replied no.
Commissioner Dudziak moved to deny the waiver request on case
GC09-015. Commissioner Clardy seconded.
Commissioner Byerly stated this is a key section in the trail.
Commissioner Phelps concurred. He questioned staff regarding if in
denying the waiver are we allowing the escrow option? Commissioner
Byerly stated the code recommends a 10' trail which means they have
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the option to either escrow or build the sidewalk. Ron Ruthven replied in
this case if the waiver is denied, construction would be required. City
Attorney Kallas stated an escrow can be allowed at this point if the
applicant desired an escrow. He stated if the request is denied, then the
applicant would be required to construct the trail.
Commissioner Phelps stated supporting a motion to escrow that way
they have the choice to either escrow or construct the trail.
Commissioner Redfearn stated being open to allow escrow and help
ensure that the right transitions are completed. He stated there may be
some issues as to the amount of right of way.
Commissioner Byerly stated being of the opinion that it should be built.
He stated there will be a trail there eventually; this is a key section to the
trail system.
Commissioner Redfearn questioned Commissioner Byerly who would be
constructing the rest of the trail? Commissioner Byerly stated either the
city or redevelopment. Commissioner Redfearn stated if this is
escrowed then the city can build this portion as well.
Commissioner Dudziak concurred with Commissioner Byerly.
Commissioner Redfearn questioned staff if this is denied and the
construction is required, what is the time line for the construction of the
trail? Ron Ruthven replied the trail would be required to be in place at
the time of the issuance of the certificate of occupancy for the building
located at 5405 Pleasant Run. He stated with the other parcels, 5503
Pleasant Run Road and 5505 Pleasant Run Road, it would be required
to be constructed at the time of final inspection.
The motion carried by the following vote:
Aye: 5 -Knox, Dudziak, Clardy, Phelps, Byerly
Nay: 2 -Redfearn, Rotthaus
7c Approval of a sidewalk waiver request on Lot 2, Block 1, Hunter Addition
located at 6005 Hunter Lane, Case GC09-016
Ron Ruthven presented the case and briefed the Commissioners.
Tom and Lori Halverson, the applicants and property owners, came
forward to present the case and brief the Commissioners and stated the
mention of the sidewalk requirement should have been done at the time
of the permit process.
Commissioner Redfearn questioned staff regarding what is the permit
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process and being very clear about the various steps in the process?
Ron Ruthven replied the applicant should be made aware of at the time
of the issuance of a building permit. He stated the building plans are
usually stamped with "Sidewalk Required".
Commissioner Byerly questioned staff if the sidewalk requirements are
made at the time of the development review? Ron Ruthven replied the
developer would have been notified at the time of development review
during the replat process. He stated not knowing if these property
owners were made aware of those notes.
Mr. Halverson stated he has a receipt of all fees paid and stated not
knowing of the sidewalk fees. He stated the previous property owner
stated they had paid the sidewalk escrow fee. He stated that when they
purchased this lot, everything was paid.
Commissioner Redfearn questioned staff regarding if the notification was
not handed down from seller to buyer? Ron Ruthven replied that seems
to be the case. He stated they may have never known if their general
contractor did not make them aware. He stated the sidewalk escrow is
not collected up front because there is an option to construct the
sidewalk and typically, the sidewalk is the last item to be constructed.
Commissioner Redfearn questioned staff regarding how would the
Commissioners know what has been stamped on the plan? Ron
Ruthven replied he would have to research the permit to see if the plans
were stamped.
City Attorney Kallas stated the issue with whether or not the plans were
stamped in not as relevant as it may seem. He stated the statutes in the
ordinance require the sidewalk and therefore it is not relevant what is
stamped on those construction plans.
Commissioner Phelps stated being in favor of the waiver request. He
stated there is no potential for a sidewalk to be built on this street.
Commissioner Byerly stated the option to escrow is there so that the
money can be used in other areas of the neighborhood district.
Commissioner Byerly moved to deny case GC09-016. Commissioner
Redfearn seconded.
The motion carried by the following vote:
Aye: 5 -Knox, Dudziak, Redfearn, Rotthaus, Byerly
Nay: 2 -Clardy, Phelps
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8. PUBLIC HEARING AGENDA ITEMS
8a Approval of a request for a zoning change from CC1-Village Retail,
ML-Light Manufacturing and PUDC-Planned Unit Development
Commercial to PUDC-Planned Unit Development Commercial on Lot
R-14-2 in the Colleyville Industrial Park Addition and 1.4 acres located at
6401 and 6405 Colleyville Boulevard, Case ZC09-010
Ron Ruthven presented the case and briefed the Commissioners.
Commissioner Dudziak questioned staff regarding if the masonry
requirement is 75 percent of the entire building? Ron Ruthven replied
the exterior of the building would have to be 75 percent brick/masonry
and does not include windows. He stated this is a requirement of the
code as well as the previous ordinance.
Commissioner Phelps questioned staff regarding if the conceptual site
plan are an integral part of what is being approved, is there a concern
that this conceptual site plan does not conform with the minimum code
requirements? Ron Ruthven replied staff would like for them to conform
with minimum requirements so that they can be outlined in the ordinance
especially with areas such as parking.
Commissioner Byerly opened the public hearing at 8:05 p.m.
Santos Martinez, the applicant, came forward to present the case and
brief the Commissioners.
Commissioner Clardy questioned Mr. Martinez if the proposed phase II
would be omitting the RV parking? Mr. Martiznez replied yes.
Commissioner Dudziak questioned Mr. Martinez regarding if he would be
willing to do the mutual access easement? Mr. Martinez replied yes.
Commissioner Dudziak questioned Mr. Martinez regarding the 20' buffer
along SH26. Mr. Martinez replied they would like to do as much as they
can on SH26 for obvious reasons. He stated the only concern they may
have is maintaining and dedicating the fire lane on the south side and
the landscape buffer on the south side. He stated there may be some
areas on the south side that can not meet the 20' buffer. He stated they
would do what ever they could to enhance the area along SH26.
Commissioner Dudziak stated within this concept they will not be able to
fulfill the 20 percent open space. Mr. Martinez stated the biggest part of
that is the southern portion and with the dedication of the fire lane, they
are limited on their space.
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Commissioner Dudziak questioned Mr. Martinez if additional landscaping
would be an option? Mr. Martinez replied they are presenting
landscaped zones however, he stated they may be able to
accommodate.
Commissioner Rotthaus stating he concurs with Commissioner Phelps
with regards to the site plan not being consistent with the minimum
requirements. He stated having concerns with the amount of parking
and if there is room to get the additional spaces that are needed. He
stated he wanted to see information regarding the drainage concerns.
He stated he would like to see this project tabled so that the
requirements can be fulfilled. Mr. Martinez concurred and stated they
would work on getting the requirements fulfilled within the code.
Commissioner Redfearn questioned Mr. Martinez regarding what would
be in front of the offices on SH26? Mr. Martinez replied trees,
landscaping and ground cover. He stated they ask a note be placed on
the ordinance regarding the landscaping requirements.
Commissioner Phelps questioned Mr. Martinez regarding what type of
access will be used for the additional phases? Mr. Martinez replied a
similar secured access that is in place now. He stated it would be
between buildings 3 and 4.
Commissioner Byerly questioned Mr. Martinez regarding if there are
propane sales currently on the property? Mr. Martinez replied no but
rights to propane sales yes. He stated they were allowed within the
current ordinance and they would like to keep that use.
Commissioner Phelps questioned Mr. Martinez regarding the types of
uses. Mr. Martinez replied they would like the uses that are outlined in
the ordinance.
Commissioner Redfearn questioned Mr. Martinez regarding if there is a
housing unit on the storage site? Mr. Martinez replied yes, for the
storage facility caretaker. He stated they would like to keep that use.
There being no one wishing to speak, the public hearing was closed at
8:28 p.m.
Commissioner Clardy questioned staff if a truck rental type operation is
on this property, where would those vehicles be stored and would those
parking spaces be an addition to the requirements? Ron Ruthven
replied those would be an addition to the required parking.
Commissioner Byerly questioned staff regarding if the truck/trailer sales
would be a minimum of 100 feet and fully screened with permanent
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structure, what would a permanent structure be considered, or behind a
building? Ron Ruthven replied behind a building.
Commissioner Phelps stated he would like to see this brought back at a
future date with a site plan which meets the requirements. He stated the
elevation should be maintained at it's current level.
Commissioner Byerly concurred with Commissioner Phelps and stated
he needed to see more information regarding drainage, parking, open
space requirements, buffer on SH26, two stories vs. one story vs. three
story and the placement of the sale of propane.
Commissioner Byerly moved to table case ZC09-010. Commissioner
Phelps seconded.
Commissioner Dudziak questioned staff regarding the exterior minimum
building articulation and masonry content, can that be a cinder block,
brick or stone? Ron Ruthven stated masonry is not defined. He stated it
could be brick, cut stone or cinder block, among other variations.
Commissioner Dudziak stated he does not want a 35' tall, grey cinder
block wall facing the neighbor to the south.
The motion carried by the following vote:
Aye: 7 -Knox, Dudziak, Redfearn, Clardy, Rotthaus, Phelps, Byerly
gp Approval of a request for a zoning change from AG-Agricultural to
R40-Single Family Residential on a 0.5 acre portion of Lot 2R, Block 1,
Briar Creek Estates Addition located at 406 John McCain Road, Case
ZC09-012
Ron Ruthven presented the case and briefed the Commissioners.
Commissioner Byerly questioned staff regarding what is the width at the
narrow portion of the new lot? Ron Ruthven replied approximately 20
feet.
Commissioner Phelps questioned the Fire Marshal if all of the fire code
requirements have been met with this plat? Ron Ruthven replied the
home would have to meet the fire code at the time of building permit. He
stated that would include access to fire hydrant, access by fire truck and
finally turn around for the fire truck. Commissioner Phelps questioned
staff regarding if the applicant is aware of these requirements? Ron
Ruthven replied yes.
Commissioner Dudziak questioned the Fire Marshal Rob McKeown
regarding if there are any concerns with having such an odd
configuration shaped flag lot? Rob McKeown replied having access
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concerns, however, it does meet the Land Development Code
requirements.
Commissioner Byerly questioned Rob McKeown regarding if 20 feet is
wide enough to get the proper equipment through there? Rob McKeown
replied yes.
Commissioner Dudziak questioned Rob McKeown regarding what are
his concerns? Rob McKeown replied being able to get enough
equipment back there, truck placement and being able to get the trucks
out.
Commissioner Knox questioned Rob McKeown regarding are there any
concerns with the hose length? Rob McKeown replied only with the
supply line, not with the attack lines. He stated John McCain may have
to be shut down in the event of a fire. He also stated the house could be
fire sprinkler protected regardless of the square feet of the house.
Commissioner Byerly stated the Commission would not be able to make
the home owner fire sprinkler the home. City Attorney Kallas concurred.
Rob McKeown stated the new State law indicates that he can not adopt
a new ordinance requiring the fire suppression system. However, the
current ordinance, which was adopted in 2005, states he may require the
system.
Commissioner Byerly opened the public hearing at 8:44 p.m.
Jim Lafferty, the applicant and property owner, came forward to present
the case and brief the Commissioners.
Commissioner Dudziak questioned Mr. Lafferty regarding the placement
of the new home? Mr. Lafferty stated in the approximate area located on
the drawing.
Commissioner Clardy questioned Mr. Lafferty regarding the parking of
the cars for the riding lessons, where are those cars going to be parked?
Mr. Lafferty stated not knowing at this time, but the entry to the other lot
on John McCain would have to be located further west.
There being no one wishing to speak, the public hearing was closed at
8:48 p.m.
Commissioner Phelps moved to approve case ZC09-012.
Commissioner Knox seconded.
Commissioner Dudziak stated having a concern with the flag lot with
regards to emergency access.
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Commissioner Redfearn concurred with Commissioner Dudziak.
Commissioner Byerly concurred as well, however, this lot meets the R40
zoning district requirements and not the AG zoning district requirements.
Commissioner Phelps stated they meet the zoning district requirements
and the distance requirements for fire safety. He stated having a
concern
Commissioner Byerly stated those are all platting requirements and the
Commission is looking at the rezoning. City Attorney Kallas questioned
staff regarding if this could be a PUDR so that the applicant could tailor
the request? Ron Ruthven replied yes, however the applicant did not
pursue that avenue. He stated the applicant could have rezoned the
entire property R40. City Attorney Kallas stated being comfortable with
the Commissioner's decision either way.
Discussion occurred between the Commissioners regarding the
definition of a flag lot.
The motion carried by the following vote:
Aye: 4 -Knox, Clardy, Rotthaus, Phelps
Nay: 3 -Dudziak, Redfearn, Byerly
9.
ADJOURNMENT
The meeting adjourned at 8:56 p.m.
I hereby certify the above agenda was posted on the bulletin boards at City Hall
on Friday, September 11, 2009 by 9:00 a.m.
Amy Shelley, Planning and Zoning Assistant
The meeting minutes were approved on October 12, 2009.
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