Loading...
HomeMy WebLinkAboutPlanning and Zoning Commission-Minutes-9/14/2009~.. ='~=° City of Colleyville t;~~~E~ Minutes -Final ,~. ,~ 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 City of Colleyville Page 1 Printed on 10/13/2009 Planning and Zoning Commission Minutes -Final September 14, 2009 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 City of Colleyville Page 2 rnnicu v.. ~~. ~.,.~..~~ Planning and Zoning Commission Minutes -Final September 14, 2009 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 C1ty of Colleyville Page 3 Pr~ntea on wi~aicuvy Planning and Zoning Commission Minutes -Final September 14, 2009 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 City of Colleyville Page 4 Printed on 10/13/2009 Planning and Zoning Commission Minutes -Final September 14, 2009 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 City of Colleyville Page 5 Printed on 10/13/2009 Planning and Zoning Commission Minutes -Final September 14, 2009 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 City of Col/eyville Page 6 Printed on 10/13/2009 Planning and Zoning Commission Minutes -Final September 14, 2009 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. City of Colleyvil/e Page 7 Printed on 10/13/2009 Planning and Zoning Commission Minutes -Final September 14, 2009 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 City of Colleyville Page 8 Printed on 10/13/2009 Planning and Zoning Commission Minutes -Final September 14, 2009 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 City of Colleyville Page 9 Printed on 10/13/2009 Planning and Zoning Commission Minutes -Final September 14, 2009 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. City of Colleyville Page 10 Printed on 10/13/2009 Planning and Zoning Commission Minutes -Final September 14, 2009 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. City of Colleyville Page 11 Printed on 10/13/2009