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Home My WebLink AboutPlanning and Zoning Commission-Agenda Packets-3/8/2010City of Colleyville City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www. Colleyville. com ~~. ,,~ _ _ ~::~ ;~ f ,~- I ~' ~ F lt.y„w- Meeting Agenda Monday, March 8, 2010 6:15 PM City Council Chambers Planning and Zoning Commission City of Colleyville 100 Main Street -' ~'' ~° Colleyville, Texas 76034 ~ ~~~~ '` 817. 503.1000 Meeting Agenda ,,,,,,, www.colleyville.com Planning and Zoning Commission Monday, March 8, 2010 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 2. ROLL CALL 3. INVOCATION Commissioner Redfearn 4. PLEDGE OF ALLEGIANCE 5. APPROVAL OF MINUTES February 22, 2010 6. CITIZEN COMMENTS REGARDING ITEMS NOT ON THE AGENDA 7. PUBLIC HEARING AGENDA ITEMS 7a Approval of a Special Use Permit for a carport on Lot 11, Block 1, Kingston Addition located at 6509 Ponderosa Lane, Case ZC10-002 8. JO ENT ~, I here certify th~abo a agenda was posted on the bulletin boards at City Hall on Fri y, March 5, 2010 by 5:00 p.m. Amy Shelley, Planning and Zoning Assistant City of Colleyville Page 1 Printed on 2/24/2010 City of Colleyville city Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www. Colleyville. com "_ _ ~:-,. i„ t ~ `~~~,9 t ~<• ,.~4 Minutes -Draft Monday, February 22, 2010 6:15 PM City Council Chambers Planning and Zoning Commission ,~,-~a ~ City of Colleyville `-- ~~~ Minutes -Draft ~>->.,_ Planning and Zoning Commission City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com Monday, February 22, 2010 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 DISCUSSION OF PREVIOUS MEETING MINUTES AND REVIEW OF REGULAR AGENDA ITEMS 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 February 22, 2010 at 7:00 p.m. 2. ROLL CALL Present: Commissioners Larry Knox, Dave Dudziak, Scott Redfearn, Ron Rotthaus, David Phelps and Jeff Byerly Absent: Commissioner Clardy Staff Present: Ron Ruthven, Jeremy Hutt, Rob McKeown and Amy Shelley 3. INVOCATION Commissioner Dudziak The invocation was given by Commissioner Dudziak. 4. PLEDGE OF ALLEGIANCE 5. APPROVAL OF MINUTES February 8, 2010 Commissioner Knox moved to approve the February 8, 2010 meeting minutes as written. Commissioner Phelps seconded. The motion carried by the following vote: Aye: 6 -Knox, Dudziak, Redfearn, Rotthaus, Phelps, Byerly Absent: 1 -Clardy City of CoNeyville Page 1 Printed on 2/23/2010 Planning and Zoning Commission Minutes -Draft February 22, 2010 6. CITIZEN COMMENTS REGARDING ITEMS NOT ON THE AGENDA None 7. PUBLIC HEARING AGENDA ITEMS 7a Approval of an amendment to the PUDC-Planned Unit Development Commercial zoning and development requirements on Lots 1 and 2R, Block 1 of the Atlantic Oil and Gas Addition located at 7990 Precinct Line Road, Case ZC10-001 Ron Ruthven presented the case and briefed the Commissioners. Commissioner Dudziak questioned staff if an additional sign will be placed on the same property? Ron Ruthven replied the applicant wishes to modify the existing sign to include the state inspection use. Discussion occurred between Commissioner Phelps and Ron Ruthven regarding the temporary signs and their intended use. Ron Ruthven stated Chapter 7-Sign Regulations of the Land Development Code does have standards for temporary business signs and they would be applied to all properties unless they had other sign restrictions listed in their zoning. Commissioner Byerly opened the public hearing at 7:10 p.m. Ken Baca, a representative for the property owner, came forward to present the case and brief the Commissioners. Commissioner Redfearn questioned Mr. Baca regarding where would the landscape buffer be located? Mr. Baca replied along the east property line, about 145 linear feet. He stated the area between the hard surface and the property line is already a landscape easement. Commissioner Dudziak questioned Mr. Baca, for clarification, if there will be any type of vehicle repairs made in the facility? Mr. Baca replied the vehicles will be tested. Mr. Fakri, the manager of the facility, came forward and stated that the State will only allow them to replace windshield wipers and license plate lamps. Commissioner Byerly questioned Mr. Baca regarding if he is willing to accept the landscape, signage and fencing requirements suggested by staff? Mr. Baca replied they understand the benefit of those requirements. Discussion occurred between the Commissioners and Mr. Baca and Mr. Fakri regarding the business hours of operation. It was agreed upon that Monday thru Sunday, 8 a.m. to 6 p.m. would be acceptable as to not City of Colleyville Page 2 Printed on 2/23/2010 Planning and Zoning Commission Minutes -Draft February 22, 2010 limit the business operation. There being no one wishing to speak, the public hearing was closed at 7:24 p.m. Discussion occurred between the Commissioners regarding vehicle repairs and temporary signs. Commissioner Phelps moved to approve case ZC10-001 with the following amendments; (1) vehicle repair shall be allowed per State requirements for vehicle inspection stations; (2) All temporary signage associated with this use shall meet the minimum requirements of the Land Development Code; and (3) the business may open Monday through Sunday from 8:00 a.m. to 6:00 p.m. Commissioner Dudziak seconded. The motion carried by the following vote: Aye: 6 -Knox, Dudziak, Redfearn, Rotthaus, Phelps, Byerly Absent: 1 • Clardy 8. ADJOURNMENT The meeting adjourned at 7:30 p.m. I hereby certify the above agenda was posted on the bulletin boards at City Hall on Friday, February 19, 2010 by 5:00 p.m. Amy Shelley, Planning and Zoning Assistant City of Colleyville Page 3 Printed on 2/23/2010 ,~~~~ ~ `~ n,~ City of Colleyville 100 Main Street `_ Colleyville, Texas 76034 ~~°~-~~~ Agenda Briefing $17.503.1000 www.colleyville.com File Number: File Type: Case Status: Commission Public Hearings Version: 1 Requester: Community Development Department Agenda Date: 03/08/2010 Agenda No.: 7a Controlling Body: Planning and Zoning Commission Final Action: File Name: Approval of a Special Use Permit for a carport on Lot 11, Block 1, Kingston Addition located at 6509 Ponderosa Lane, Case ZC10-002 Attachments: Location and Zoning Map Notification List Exhibit Provided by Applicant Descriptive Exhibit Photo Draft Ordinance History of Legislative File Version: Date: Acting Body: Action Text: 1 03/08/2010 Planning and Zoning Commission Title Approval of a Special Use Permit for a carport on Lot 11, Block 1, Kingston Addition located at 6509 Ponderosa Lane, Case ZC10-002 Explanation Casey Ryan has submitted an application for a Special Use Permit (SUP) for one attached carport on 0.45 acres located at 6509 Ponderosa Lane. The applicant previously submitted for an SUP and was denied by City Council on December 1, 2009; however, City Council suggested that the applicant work with staff regarding a new application for another carport request. As such, the applicant is proposing a new SUP application for a carport. The carport was constructed without a building permit in July 2009. Upon application for a permit, after the carport was completed, the applicant was informed that an SUP is required for the construction of residential carports in Colleyville. Therefore, this SUP request is to allow the existing carport to remain on the property. The applicant has removed the roof. At this time, all that remains are the columns and framing. The accessory building, on which the carport was attached, was constructed in 2006 and meets the requirements of the Land Development Code. Waiver Request. Section 3.27 of the Land Development Code sets development standards for carports. The existing carport does not comply with the following standard: City of Colleyville Page 1 Printed on 3/3/2010 Agenda Briefing Continued • The construction of the posts shall be brick, stone or decorative metal between 12" and 48" in width. The existing carport does not comply with this regulation as it is constructed only with steel columns. Existing Conditions. The property is zoned R20-Single Family Residential and is currently developed for single family residential use. The property contains a single family residence, as well as the accessory and carport structures, as stated earlier. The applicant has removed the roof of the existing carport and is waiting for approval of this request before proceeding forward with the completion of the roof to conform to the roof pitch regulation. Adjacent Zoning and Development. All properties surrounding this lot are zoned R20-Single Family Residential and are developed as single family residences. Public Notification. Staff mailed notices to 14 adjacent property owners regarding this request. Notice was published in the Fort Worth Star-Telegram as required by state law and the Land Development Code. Staff has received no coorespondence regarding this request. Summary. The carport does not comply with the Land Development Code requirements for masonry columns. However, the carport does meet all other Land Development Code requirements. Staff has written the draft ordinance so that the carport, if approved, would be allowed provided that the columns are masonry. Recommendation Approval, with the conditions stated in the draft ordinance. City of Colleyville Page 2 Printed on 3/3/2010 Location and Zoning Map 6600 PUDR PUDR 6516 6517 6516 6517 6512 6513 Site 12 6513 6509 6508 6509 AG 6508 6505 6504 6505 R2 6504 6501 6500 6501 1312 6500 6417 6416 6417 -- -_ 6413 6412 6413 6409 6408 6409 6412 6405 6404 6405 6401 6400 6401 Notification List OWNER NAME OWNER ADDR OWNER CITY OWNER STATE OWNER ZIP SITUS ADDR R an, Arthur 6516 Ponderosa Ln Colle ville TX 76034 6516 Ponderosa Ln Fu ua, William L 6517 Ponderosa Ln Colle ville TX 76034 6517 Ponderosa Ln Martin, Don V Etux Iris 6516 Kin ston Colle ville TX 76034 6516 Kin ston Dr Williams, Ral h Etux Louanne 201 Adams Ct Colle ille TX 76034 6512 Kin ston Dr Current Owner 6513 Ponderosa Ln. Colle ville TX 76034 6513 Ponderosa Ln Kniese, James E 6512 Ponderosa Ln Colle ville TX 76034 6512 Ponderosa Ln Hanzelka, Jose h R 6508 Kin ston Colle ville TX 76034 6508 Kin ston Dr R an, Gerald Case , A licant 6509 Ponderosa Ln Colle ville TX 76034 6509 Ponderosa Ln Justiss, James E Etux Cind D 1420 W Wall St Gra evine TX 76051 6508 Ponderosa Ln Shears, Thomas T Tr 6504 Kin ston Colle ville TX 76034 6504 Kin ston Dr Bo les, Martin Etux Catherine 6505 Ponderosa Ln Colle ville TX 76034 6505 Ponderosa Ln B erl , Mimi J Etvir Jeffre S 7109 Pebble Hill Dr Colle ville TX 76034 6504 Ponderosa Ln Youn , Kenneth W Etux Rhonda 6500 Kin ston Colle ville TX 76034 6500 Kin ston Dr Moeller, John A Etux Karla S 6501 Ponderosa Ln Colle ville TX 76034 6501 Ponderosa Ln Latimer, Michael F Etux Cind 6500 Ponderosa Ln Colle ville TX 76034 6500 Ponderosa Ln Public notices were mailed by Amy Shelley on Monday, Feb. 22, 2010 Signature Exhibit Provided by Applicant "", ., ~~ wr °°tiJ ~_ f~ V~ N m l~yJ n y ~r 4 Fy~t ~i~Jy "1 O z y r t~ ~~ y O Z 1 f1 A A V U~ ? D O O O v~pOONIT~ 9 T T ~ ~ A ~ C D Z ~~_ ~~m Ao~~xD m y m m N r v,o~A-r Z -~ DOmm m m ~ O ~ m T~pD-~ Z ~ o m O r O m o ~ (n ~mD 1 ti O n = A D X n z N -d m ~ ~ x ~ ~ c_ z ~ ~ z From Rear Descriptive Exhibit Property Line 15'- 6" 1 ShR 1 Yi` er 9 ~. _..~.. From West Property Line 14' From East Property Line 33'- 6" ~~ ... , :, '~ C ORDINANCE 0-10-xxxx AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AS HERETOFORE AMENDED; BY AMENDING THE OFFICIAL ZONING MAP BY AUTHORIZING A SPECIAL USE PERMIT FOR A CARPORT ON LOT 11, BLOCK 1, KINGSTON ADDITION; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Colleyville has received an application for a Special Use Permit under Case No. ZC10-002; and WHEREAS, the City of Colleyville deems it necessary, for the purpose of promoting the health, safety, morals, or general welfare of the City to enact a new zoning ordinance; and WHEREAS, the City Council has appointed a Planning and Zoning Commission to recommend the boundaries of the various original zoning districts and appropriate regulations be enforced therein and to recommend a new zoning ordinance; and WHEREAS, the Planning and Zoning Commission has divided the City into districts and has prepared regulations pertaining to such districts in accordance with a comprehensive plan and designed to lessen congestion in the streets; to secure safety from fire, panic, and other dangers; to promote health, general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirements; and WHEREAS, the Planning and Zoning Commission, has given reasonable consideration to, among other things, the character of the districts and their peculiar suitability for particular uses, with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the City; and WHEREAS, the Planning and Zoning Commission of the City of Colleyville and the City of Colleyville City Council, in compliance with the Charter of the City of Colleyville, and State Law with reference to changes to zoning classifications under the Zoning Ordinance Regulations and Zoning Map, having given the requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all the property owners generally, and to the persons interested and situated in the affected area and in the vicinity thereof, the governing body of the City of Colleyville is of the opinion that said change in zoning should be made. Ordinance 0-10-xxxx Page 2 of 4 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT all the foregoing premises and findings are found to be true and correct and are incorporated into the body of this ordinance as if copied in their entirety. Sec. 2. THAT the Comprehensive Zoning Ordinance of the City of Colleyville, Texas, be, and the same is hereby amended by authorizing a Special Use Permit for the carports on Lot 11, Block 1 of the Kingston Addition, as depicted on the Location and Zoning Map, attached as Exhibit "A", and the Site Plan, attached as Exhibit "B" and as shown on the Building Elevation Drawing attached as Exhibit "C". Sec. 3. THAT the above described tract of land shown on Exhibit "A" shall be used only in the manner and for the purposes provided by the Comprehensive Zoning Ordinance of the City of Colleyville as heretofore amended, and as amended herein. Sec. 4. THAT the above described tract of land shall be subject to the following conditions: 1. General a. No more than one carport shall be permitted and the carport shall remain as shown on Exhibit "C" labeled Building Elevation Drawing and shall meet the following requirements: (1) The carport shall have dimensions of 20 feet by 24 feet. (2) The carport shall not exceed 480 square feet. (3) The carport shall not exceed 14 feet in height. (4) The carport shall be located within the rear yard of the subject lot and shall not be closer than 15 feet to the rear property line. (5) The carport support columns shall be constructed of masonry columns. b. The carport shall meet all regulations of the Land Development Code, except where amended herein. Sec. 5. THAT any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Colleyville, and Ordinance 0-10-xxxx Page 3 of 4 upon conviction shall be punishable by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. Sec. 6. THAT if any section, paragraph, subdivision, clause, phrase or provision of this ordinance shall be judged invalid or unconstitutional, the same shall not affect the validity of this ordinance as a whole or any portion thereof other than that portion so decided to be invalid or unconstitutional. Sec. 7. THAT in addition to and accumulative of all other penalties, the City shall have the right to seek injunctive relief for any and all violations of this ordinance. Sec. 8. THAT it has been found that there has been a change in conditions in the above described property, it is now necessary that it be given the above zoning classification in order to permit its proper development and in order to protect the public interest, comfort and general welfare, and requires that this ordinance shall take effect immediately from and after its passage. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the day of 2010. The second reading and public hearing being conducted on the day of 2010. ATTEST: Cynthia Singleton, TRMC, CMC City Secretary CITY OF COLLEYVILLE David Kelly Mayor APPROVED AS TO FORM AND LEGALITY: Matthew C. G. Boyle City Attorney Location and Zoning Map -Exhibit "A" fl66 4 PUDR AG 1312 PUDR 6516 6517 6516 6517 6512 6513 gke 12 6509 6508 6513 6509 6508 6505 6504 6505 6504 6501 6500 6501 6500 6417 6416 6417 6413 6412 6413 AG 6409 64D8 6409 642 6405 6404 6405 6401 6400 6401 Site Plan -Exhibit "B" ,~~,~. Building Elevation Drawing -Exhibit "C" 12 2 Ex~STi~G%/, srEE~'eui~o r • • • ~ • r ~fi' FALL ~ FRONT ELEVATION !4' SCALE 1 ~ ~ O ~iJ~