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HomeMy WebLinkAboutPlanning and Zoning Commission-Minutes-10/12/2009r ~~?-° City of Colleyville ~~~ ~~ Minutes -Final ,~:a;. 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: Page 1 Printed on 11/10/2009 City of Colleyville Planning and Zoning Commission Minutes -Final October 12, 2009 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 City of Colleyville Page 2 Printed on 11/10/2009 Planning and Zoning Commission Minutes -Final October 12, 2009 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 City of Colleyville Page 3 Printed on 11/10/2009 Planning and Zoning Commission Minutes -Final October 12, 2009 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. City of Colleyville Page 4 Printed on 11/10/2009 Planning and Zoning Commission Minutes -Final October 12, 2009 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 City of Colleyville Page 5 Printed on 11/10/2009 Planning and Zoning Commission Minutes -Final October 12, 2009 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 City of Colleyville Page 6 Printed on 11/10/2009 Planning and Zoning Commission Minutes • Final October 12, 2009 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, City of Colleyville Page 7 Printed on 11/10/2009 Planning and Zoning Commission Minutes -Final October 12, 2009 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 City of Colleyville Page 8 Printed on 11/10/2009 Planning and Zoning Commission Minutes -Final October 12, 2009 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. Page 9 Printed on 11/10/2009 City of Colleyville