HomeMy WebLinkAboutPlanning and Zoning Commission-Minutes-10/12/2009r
~~?-° 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
Monday, October 12, 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 October 12, 2009 at 7:05
p.m.
2. ROLL CALL
Present: Commissioners Larry Knox, Dave Dudziak, Scott Redfearn,
Michael Clardy, Ron Rotthaus, David Phelps and Jeff Byerly
Staff Present: Ron Ruthven, Planning Intern Sarah Coplen, Rob
McKeown, Jeremy Hutt and Amy Shelley
3. INVOCATION
The invocation was given by Commissioner Redfearn.
4. PLEDGE OF ALLEGIANCE
5. APPROVAL OF MINUTES
Commissioner Dudziak moved to approve the September 14, 2009
meeting minutes with the corrections to paragraph 5 on the sixth page;
adding a statement from Commissioner Phelps. Commissioner Knox
seconded.
6. SWEARING IN OF NEWLY APPOINTED MEMBERS
h f Office to the reappointed
Amy Shelley admmistered the Oat o
members:
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David Dudziak, Place 5
Michael Clardy, Place 6
Larry Knox, Place 7
7. ELECTION OF OFFICERS
Commissioner Redfearn moved to nominate Commissioner Byerly for
Chairman; Commissioner Dudziak for Vice Chairman and Amy Shelley
for Recording Secretary. Commissioner Knox seconded.
The motion carried by the following vote:
Aye: 7 -Knox, Dudziak, Redfearn, Clardy, Rotthaus, Phelps, Byerly
8. APPOINTMENTS TO THE PARK LAND DEDICATION COMMITTEE
Commissioner Phelps moved to nominate Commissioners Dudziak and
Clardy to the Park Land Dedication Committee. Commissioner Byerly
seconded.
The motion carried by the following vote:
Aye: 7 -Knox, Dudziak, Redfearn, Clardy, Rotthaus, Phelps, Byerly
9. CITIZEN COMMENTS REGARDING ITEMS NOT ON THE AGENDA
None
10. REGULAR AGENDA ITEMS
10a Approval of a minor plat being 2.4 acres on Tract 1A, Abstract 1248 of
the T.J. Polson Survey located at 5016 Bransford Road, Case PC09-011
Ron Ruthven presented the case and briefed the Commissioners.
Larry Stewart, the applicant, and Darrel Forsberg, the property owner,
came forward to present the case and brief the Commission.
Commissioner Redfearn questioned Mr. Forsberg, if two lots can be
platted instead of the three? Mr. Forsberg replied three lots would make
a better investment to the builders; two lots would be a higher price. Mr.
Stewart replied sure, either way works. He stated there are drainage
issues currently on the property and three lots would make the drainage
easier.
Commissioner Phelps questioned Mr. Stewart regarding if the drainage
easement on the plat is dependent on something on the property? Mr.
Stewart replied the easement is not dependent on the lot.
Commissioner Clardy questioned Mr. Stewart how the three lot division
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could improve the drainage? Mr. Stewart replied thinking it would be a
little easier, however, not knowing if there is a big drainage issue.
Mr. Forsberg stated one of the neighbors would like to have only one lot
next to them rather than two. He stated they are trying to do what the
neighbors would like to have. He stated having some high end builders
interested if there are three lots. He stated this will increase the tax
base.
Commissioner Phelps stated this is a request for a minor plat that is not
in conformance with the zoning but it's not a request for rezoning. He
stated this would be an exception to the zoning.
Commissioner Byerly concurred, these lots do not meet the zoning
district requirement. He stated this is circumventing the rezoning
process; need for the public hearings and notifications.
Commissioner Byerly moved to deny case PC09-011. Commissioner
Redfearn seconded.
The motion to deny carried by the following vote:
Aye: 7 -Knox, Dudziak, Redfearn, Clardy, Rotthaus, Phelps, Byerly
11. PUBLIC HEARING AGENDA ITEMS
11a Approval of a replat for Lots 1 and 2, Block 1, of the Colleyville
Presbyterian Church Addition and Lots 1, 2, 3 and 4, Block 3 of the
Southgate Addition located at 715, 901 and 909 Cheek Sparger Road
and 3805, 3809 and 3815 Wayne Drive, Case PC09-012
Ron Ruthven presented the case and briefed the Commissioners.
Commissioner Byerly opened the public hearing at 7:28 p.m.
Kevin Wolf, the applicant, came forward to present the case and brief
the Commissioners.
There being no one wishing to speak, the public hearing was closed at
7:29 p.m.
Commissioner Redfearn moved to approve case PC09-012.
Commissioner Rotthaus seconded.
The motion carried by the following vote:
Aye: 7 -Knox, Dudziak, Redfearn, Clardy, Rotthaus, Phelps, Byerly
11b Approval of an amendment to the PUDC-Planned Unit Development
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Commercial zoning and development requirements on Lots 1, 2R, 3R
and 5R of the Winding Creek Addition located in the 6400 and 6500
block of Colleyville Boulevard, Case ZC09-008
Ron Ruthven presented the case and briefed the Commissioners.
Commissioner Byerly opened the public hearing at 7:35 p.m.
Ray Collins, the applicant, came forward to present the case and brief
the Commissioners.
Commissioner Byerly questioned Mr. Collins regarding if the original 50
foot buffer is being requested to be reduced to 25 feet? Mr. Collins
replied yes, however the buildings are situated and designed so that they
are beyond the original 50 foot buffer.
Commissioner Phelps questioned Mr. Collins regarding what is the
general purpose of the open space area in the middle of the property?
Mr. Collins replied the creek that ran through the middle of the property
was rearranged and the landscaping for the development will be
incorporated in this area to help divide the property.
Commissioner Phelps questioned Mr. Collins if the open space in the
middle will be used for public use or private tenant uses? Mr. Collins
replied they are probably going to set up a commercial HOA within the
tenants to maintain the center area where the creek is.
Commissioner Dudziak questioned Mr. Collins regarding if only 221
inches of trees are going to be put in and will most of those be used in
the creek bed or around the creek? Ron Ruthven stated the 221 inches
is the minimum requirement. He stated staff is incorporating that waiver
request which was a condition of the waiver granted by the Planning and
Zoning Commission last year. He stated they will still have to plant the
minimum landscaped trees in front of the buildings and between the
buildings. Mr. Collins replied they plan to plant more trees on the lots;
same design as the first building that is currently in place. He stated the
buildings will also be similar to the one currently in place.
Commissioner Dudziak questioned Mr. Collins if he would have any
issues with being required to construct an 8 foot masonry fence on the
western portion? Mr. Collins replied he would prefer an 8 foot wooden
fence. He stated he would prefer to incur the cost of an 8 foot wooden
fence as opposed to the masonry. Commissioner Dudziak stated there
would be cost savings in the landscape buffer in addition to only having
to plant 43 waxed myrtles planted every 15 feet versus every 6 feet. Mr.
Collins replied there is argument for that and stated he would agree with
the option to be able to come back and mitigate later for the fence.
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Commissioner Rotthaus concurred with Commissioner Dudziak and
stated a masonry fence will hold up better over time and will look better.
There being no one wishing to speak, the public hearing was closed at
7:40 p.m.
Commissioner Dudziak moved to approve case ZC09-008 with an
amendment to have an 8 foot masonry fence along the western
boundary. Commissioner Rotthaus seconded.
Commissioner Phelps made a friendly amendment to retain the original
50 foot buffer to those western neighbors. Commissioner Byerly stated
since the neighbors have not objected to the reduction of the buffer, he
does not have an issue with the reduction either. The friendly
amendment was not accepted as part of the motion.
Mr. Collins replied the 8 foot masonry fence will help with the noise of the
development and he stated the buildings will be at least 50 feet away
from the property line.
Commissioner Phelps questioned Mr. Collins regarding if the masonry
fence will replace the existing fencing? Mr. Collins replied yes as well as
the planting of the wax myrtles.
The motion carried by the following vote:
Aye: 7 -Knox, Dudziak, Redfearn, Clardy, Rotthaus, Phelps, Byerly
11 c Approval of a Special Use Permit for a carport on Lot 11, Block 1,
Kingston Addition located at 6509 Ponderosa Lane, Case ZC09-013
Commissioner Byerly recused himself from this agenda item and Vice
Chairman Dudziak took his place.
Ron Ruthven presented the case and briefed the Commissioners.
Commissioner Redfearn questioned staff regarding the property line, is it
where the fence line runs? Ron Ruthven replied yes, typically where the
fence line runs.
Commissioner Dudziak questioned staff regarding if the ordinance is a
draft or courtesy ordinance for staff? Ron Ruthven replied the ordinance
is written so that if the request is approved, the Commission would
approve the draft ordinance.
Commissioner Dudziak opened the public hearing at 7:50 p.m.
Casey Ryan, the applicant and property owner, came forward to present
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the case and brief the Commissioners.
Commissioner Knox questioned Mr. Ryan regarding if the 1.5 on the
diagram is in relation to the property line? Mr. Ryan replied yes, the
carport is 1.5 feet from the property line.
Commissioner Redfearn questioned Mr. Ryan regarding if the accessory
building was built when the property was purchased? Mr. Ryan replied
yes.
Commissioner Redfearn questioned Mr. Ryan regarding if he was
unaware that the carports would need to be permitted? Mr. Ryan replied
yes, he thought it would be fine to put the covers over his toys. He
stated he knew the building needed it, just didn't think the carports did.
Commissioner Redfearn questioned Mr. Ryan regarding how did he
become aware that permits were needed? Mr. Ryan replied somebody
must have called the city. He stated he got a letter and then he came in
to ask somebody what he needed to do.
James Kniese, 6512 Ponderosa Lane, spoke in opposition to the request
and stated the appearance of the buildings are not aesthetically
appealing with the neighborhood.
Mimi Byerly, 7109 Pebble Hill, spoke in opposition to the request and
stated the carports will hurt the resale value of the lots.
There being no one wishing to speak, the public hearing was closed at
8:00 p.m.
Commissioner Clardy questioned staff if the accessory building complies
with the Land Development Code? Ron Ruthven replied the building
does comply with the Land Development Code.
Commissioner Phelps questioned staff regarding if the accessory
building was approved? Ron Ruthven replied yes. He stated there was
no final inspection done on the accessory building. He stated he will
ensure the final inspection.
Commissioner Phelps moved to deny case ZC09-013. Commissioner
Redfearn seconded.
The motion to deny carried by the following vote:
Aye: 6 -Knox, Dudziak, Redfearn, Clardy, Rotthaus, Phelps
Abstain: 1 -Byerly
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11 d Approval of a request for a Special Use Permit for a water pumping
station on Lot 1, Block 1 of the Colleyville West Pump Station Addition
located at 4602 Bransford Road, Case ZC09-014
Commissioner Byerly returned.
Ron Ruthven presented the case and briefed the Commissioners.
Commissioner Dudziak questioned staff regarding what is the reason
behind giving the Special Use Permit an expiration date of 5 years? Ron
Ruthven replied the expiration was extended to give Trinity River
Authority (TRA) a larger cushion (more time) to bring in a building permit
to build the station.
Commissioner Byerly opened the public hearing at 8:06 p.m.
Ron Tamada, the applicant and representative for Trinity River Authority,
came forward to present the case and brief the Commissioners.
Commissioner Dudziak questioned Mr. Tamada if there is funding in
place for the station? Mr. Tamada replied yes there is funding. He
stated TRA has sold bonds to construct the project, however, there is a
reimbursement request that has been submitted to TxDot. He stated
they would prefer to save the citizens of Colleyville money by getting the
reimbursement funds.
Amin Chitsazan, property owner at Colleyville Boulevard and Bransford,
stated he would like the time limit to be reduced so that TRA will be
forced to move forward so that it will not delay him from developing his
property. He stated they will be coming across his property for sewer
lines. He stated he would prefer the time limit not be 5 years.
Commissioner Dudziak questioned Mr. Chitsazan regarding how he
knows that TRA will be coming across his property? Mr. Chitsazan
stated TRA has already talked to him about purchasing the right of way
for the pipes. He stated they have already negotiated the right of way
purchases. He stated it was not much.
There being no one wishing to speak, the public hearing was closed at
8:12 p.m.
Mr. Tamada, came forward and stated TRA has an existing right of way
easement along Colleyville Boulevard that will run to Bransford Road.
He stated they purchased an additional 5 feet of right of way width from
Mr. Chitsazan because of the relocation of the piping. He stated when
they relocate from the current location to the new location the width of
the easement was not going to be sufficient for the piping. Therefore,
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they purchased additional right of way. He stated he does not think this
will prohibit Mr. Chitsazan from developing his property. He stated if he
wants to develop, they (TRA and Mr. Chitsazan) will have to coordinate
the efforts so that they are not working on top of each other.
Commissioner Byerly stated staff has recommended the five year
limitation on the SUP. He questioned Mr. Tamada if they anticipate
within the next year this project will be done? Mr. Tamada stated they
are anxious to move forward and have expected to hear notice from
TxDot regarding the reimbursement. He stated they do not anticipate
the five years but they are at the mercy of another agency (TxDot).
Commissioner Rotthaus questioned Mr. Tamada regarding is the bond
issued to pay for the construction of the station? Mr. Tamada replied
yes.
Commissioner Rotthaus questioned Mr. Tamada regarding if the
reimbursement is simply a cost savings to the community but there is
nothing financial that is keeping TRA from beginning construction? Mr.
Tamada replied one of the conditions of the reimbursement request was
that we do not advertise the project for an award contract until TxDot has
approved the reimbursement request.
Commissioner Dudziak questioned Mr. Tamada if TRA is going to
reimburse the property owner if he is impeded in his development, such
as if driveways, sidewalks and so forth are destroyed, will those be
replaced? Mr. Tamada replied yes. He stated they would restore
whatever existing structures are in place at the time of their construction.
Commissioner Phelps questioned staff regarding if the five year time limit
versus the one year is basically for lessoning the burden on the
Commission of having to go back through this same process? Mr.
Tamada replied yes and Ron Ruthven replied yes. Commissioner
Phelps stated TxDot will move at their own pace, this will not help speed
up their process. Mr. Tamada concurred.
Commissioner Clardy questioned Mr. Tamada if there is anything that
would preclude TRA from acquiring those easements? Mr. Tamada
replied they have already acquired the easements from Mr. Chitsazan.
Commissioner Dudziak stated the time frame should remain at the one
year. He stated if the station is not moving forward during that one year
time frame, then the SUP should be reviewed every year until it is
completed. Mr. Tamada concurred.
Commissioner Dudziak moved to approve case ZC09-014 with a one
year time limit on the SUP request as opposed to a five year time limit in
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the ordinance. Commissioner Knox seconded.
The motion carried by the following vote:
Aye: 7 -Knox, Dudziak, Redfearn, Clardy, Rotthaus, Phelps, Byerly
12. TABLED AGENDA ITEMS
12a 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
As a request by the applicant, this item will remain on the table.
13. ADJOURNMENT
The meeting adjourned at 8:19 p.m.
I hereby certify the above agenda was posted on the bulletin boards at City Hall
on Friday, October 9, 2009 by 9 a.m.
Amy Shelley, Planning and Zoning Assistant
The meeting minutes were approved on November 9, 2009.
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City of Colleyville