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HomeMy WebLinkAboutPlanning and Zoning Commission-Minutes-3/22/2010`''"'~"- City of Colleyville 100 Main Street ~~ ! '~ Colleyville, Texas 76034 ~- Minutes - F i na I 817.503.1000 "''~" www.colleyville.com Planning and Zoning Commission Monday, March 22, 2010 6:15 PM City Council Chambers 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 March 22, 2010 at 7:00 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, Rob McKeown, Jeremy Hutt and Marty Wieder 3. INVOCATION Commissioner Clardy The invocation was given by Commissioner Clardy. 4. PLEDGE OF ALLEGIANCE 5. APPROVAL OF MINUTES March 8, 2010 Commissioner Dudziak moved to approve the March 8, 2010 meeting minutes with the grammar corrections made to page two. Commissioner Rotthaus seconded. The motion carried by the following vote: Aye: 7 -Knox, Dudziak, Redfearn, Clardy, Rotthaus, Phelps, Byerly 6. CITIZEN COMMENTS REGARDING ITEMS NOT ON THE AGENDA None 7. PUBLIC HEARING AGENDA ITEMS City of Colleyville Page 1 Printed on 4/13/2010 Planning and Zoning Commission Minutes -Final March 22, 2010 7a Approval of a request for a replat for the Winding Creek Addition located in the 6400 and 6500 blocks of Colleyville Boulevard, Case PC10-003 Ron Ruthven presented the case and briefed the Commissioners. Commissioner Byerly opened the public hearing at 7:05 p.m. There being no one wishing to speak, the public hearing was closed at 7:05 p.m. Commissioner Redfearn moved to approve case PC10-003. Commissioner Clardy seconded. The motion carried by the following vote: Aye: 7 -Knox, Dudziak, Redfearn, Clardy, Rotthaus, Phelps, Byerly 7b Approval of a request for a Special Use Permit for a second hand goods shop located on Lot 3, Block 2 of the Fairway Addition located at 8300 Precinct Line Road, Suite 114, Case ZC10-004 Ron Ruthven presented the case and briefed the Commissioners. Commissioner Byerly opened the public hearing at 7:09 p.m. Fred Arnoldt, the applicant, 6904 David Lane, came forward to present the case and brief the Commissioners. Commissioner Dudziak questioned Mr. Arnoldt if home items, such as furniture, will be sold. Mr. Arnoldt replied yes, there will be some items. Commissioner Dudziak questioned Mr. Arnoldt regarding what percentage of floor space will be dedicated to selling home items? Mr. Arnold replied about 1/3 or less; 2/3 will be clothing. Commissioner Byerly questioned Mr. Arnoldt regarding if men's clothing will be sold. Mr. Arnoldt replied no; the store will specialize in women's clothing. Mrs. Arnoldt came forward and stated she would like to be able to sell men's clothing, if possible for the future. There being no one wishing to speak, the public hearing was closed at 7:16 p.m. Commissioner Byerly questioned staff regarding whether or not the furniture aspect of the request is new. Ron Ruthven replied no, furniture can be sold. Commissioner Phelps stated that the letter from the applicant states City of Colleyville Page 2 Printed on 4/13/2010 Planning and Zoning Commission Minutes -Final March 22, 2010 specifically what she plans to sell; furniture is not mentioned. Commissioner Byerly stated lamps and tables do not come to mind when he thinks of high end accessories; he stated he thinks of shoes and purses. He therefore stated that furniture, lamps and pictures would need to be drafted in the ordinance. Discussion occurred between the Commissioners and staff regarding how the language in the ordinance should be written to include the furniture as accessories. Commissioner Dudziak stated that he has concerns that fitness equipment could be included in these sales, therefore stating he would like for the accessories to be limited. Commissioner Byerly stated not interpreting fitness equipment as furniture. City Attorney Kallas stated fitness equipment, under reasonable interpretation, would not be included in furniture. Commissioner Byerly moved to approve case ZC10-004 with the change to section 4 1 a. to allow the use of a second hands goods shop to sell men's and women's fashions and fashion accessories, household furniture and household accessories, with the household furniture and furniture accessories to be limited to 1/3 of the total floor space of the premises; and including the language from the briefing that the SUP shall automatically expire upon the abandonment of the business, change in the use, a change in ownership or upon the expiration or termination of the Certificate of Occupancy for the approved use. Commissioner Phelps seconded. Commissioner Phelps stated the hours of operation are not listed in the ordinance therefore they will default to the hours of operation with the location of the business. Ron Ruthven concurred. The motion carried by the following vote: Aye: 7 -Knox, Dudziak, Redfearn, Clardy, Rotthaus, Phelps, Byerly 7c Approval of an amendment to the PUDR-Planned Unit Development Residential zoning and development requirements of the Heritage Oaks Addition located in the 5000-5200 Block of Heritage Avenue, Case ZC 10-005 Ron Ruthven presented the case and briefed the Commissioners. Commissioner Byerly opened the public hearing at 7:28 p.m. City of Colleyville Page 3 Printed on M13/2010 Planning and Zoning Commission Minutes -Final March 22, 2010 Curtis Young, the applicant, came forward to present the case and brief the Commissioners. Commissioner Dudziak questioned Mr. Young regarding the placement of the new parking spaces and requested that the new parking spaces be located closer to the new home? Mr. Young replied the parking spaces are located in places in which there can actually be additional spaces. He stated that since the infrastructure has already been built, the placement of the new spaces have to be considered very carefully. Commissioner Dudziak questioned Mr. Young regarding if those parking spaces could be located near the detention ponds which would be more south of the lots. Mr. Young replied they could possibly be placed outside the alley; he stated not being sure at this time. He stated they do not want to put any paving near the trees. Commissioner Redfearn questioned Mr. Young regarding if this is a gated community. Mr. Young replied, yes. There being no one wishing to speak, the public hearing was closed at 7:39 p.m. Commissioner Clardy stated there is an inconsistency with some parking spaces being placed in a buffer area, when it had already been stated that parking spaces could not be placed in the buffer area. Mr. Young stated one buffer area is not the same as the other buffer area; one is open space area and one is actually a buffer area on the far west side, which was a requirement of the original zoning. Commissioner Dudziak questioned staff if Mr. Young decides to change the location of the parking spaces, would the request have to come back before the Planning and Zoning Commission? Ron Ruthven replied the on street parking, as presented, is not located as part of a code requirement. He stated the developer has been free to locate these parking spaces anywhere within the development; therefore, if the parking spaces are to be located in a specific area, then the ordinance would have to reflect those specifics per the exhibits. Commissioner Phelps moved to approve case ZC10-005. Commissioner Rotthaus seconded. The motion carried by the following vote: Aye: 7 -Knox, Dudziak, Redfearn, Clardy, Rotthaus, Phelps, Byerly City of Colleyville Page 4 Printed on 4/13/2010 Planning and Zoning Commission Minutes -Final March 22, 2010 8. ADJOURNMENT The meeting adjourned at 7:40 p.m. I hereby certify the above agenda was posted on the bulletin boards at City Hall on Friday, March 19, 2010 by 5:00 p.m. Amy Shelley, Planning and Zoning Assistant The meeting minutes were approved on April 12, 2010. City of Colleyvil/e Page 5 Printed on 4/13/2010