HomeMy WebLinkAboutPlanning and Zoning Commission-Minutes-4/12/2010_ =~`` City of Colleyville
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'~-~'~ ~`~ 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, April 12, 2010 6:15 PM City Council Chambers
LEGAL BRIEFING BY CITY ATTORNEY REGARDING PLANNING, ZONING,
PLATTING, AND LAND USE
REVIEW OF REGULAR AGENDA ITEMS AND 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 April 12, 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 Michael Clardy
Staff Present: Ron Ruthven, Jeremy Hutt and Marty Wieder
3. INVOCATION
The invocation was given by Commissioner Phelps.
4. PLEDGE OF ALLEGIANCE
5. APPROVAL OF MINUTES
Commissioner Rotthaus moved to approve the March 22, 2010 meeting
minutes with grammar corrections to made to pages 3 and 4 .
Commissioner Knox seconded.
The motion carried by the following vote:
Aye: 6 -Knox, Dudziak, Redfearn, Rotthaus, Phelps, Byerly
Absent: 1 -Clardy
6. CITIZEN COMMENTS REGARDING ITEMS NOT ON THE AGENDA
None
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7. REGULAR AGENDA ITEMS
7a Approval of a sidewalk waiver request on Lot 6, Pleasant Run Estates
Addition located at 6600 Pleasant Run Road, Case GC10-001
Ron Ruthven presented the case and briefed the Commissioners.
Mark Cameron, the applicant and property owner, came forward to
present the case and brief the Commissioners.
Commissioner Dudziak questioned Mr. Cameron if he would construct
the sidewalk on Pleasant Run Road. Mr. Cameron replied he would
construct the sidewalk on Pleasant Run, however, he stated it would not
be aesthetically appealing for the project.
Commissioner Phelps questioned Mr. Cameron if he would rather
escrow the money for the sidewalk instead of constructing the sidewalk.
Mr. Cameron replied he planned to build the sidewalk at the time of
construction for the new home.
Ron Ruthven stated the City Engineer calculated the dollar amount for
the construction of the sidewalk and the trail. Mr. Cameron stated the
trail is the hardship in this request and stated he would like the waiver to
the trail section.
Commissioner Phelps questioned staff to clarify the waiver request
regarding the trail portion of this request. Ron Ruthven stated the
Commission can grant a waiver to the construction or escrow for this
portion of the trail or the Commission can have the applicant construct
the trail or escrow the amount determined by Engineering. He stated if
this portion of the trail is waived with either construction or escrow, this
will not prohibit the trail from being constructed in the future if the City
deems it necessary to construct.
Discussion occurred between the Commission and City Engineer
regarding how the trail could be constructed in this location with regards
to costs, tree removal, design, flat work and drainage information.
Commissioner Redfearn questioned staff regarding where does this
portion of the trail lead? Ron Ruthven replied this trail will lead all the
way to Precinct Line Road. Commissioner Redfearn stated a portion
would be on private property. Ron Ruthven concurred and stated the
property has not been dedicated for this trail.
Commissioner Byerly questioned staff why the Commission is being led
by staff to approve the construction of the trail? Ron Ruthven replied
staffs recommendations are based strictly on the sidewalk system map
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April 12, 2010
which has been approved by City Council.
Discussion occurred between staff and the Commissioners regarding the
placement of the trail and the process in which to get the easement to
build the trail system.
Commissioner Phelps stated this section of McDonwell School Road is a
unique situation and there are a lot of opportunities for improvement if
the road is to be improved all the way to Westcoat. He stated at that
time would seem like the better opportunity for the construction of the
trail. He stated, at this time, there would be no functionality of the trail.
Commissioner Dudziak concurred and stated he does not see the need
for the sidewalk on Pleasant Run Road. He stated he would like to see
the money paid into escrow for the sidewalk.
Commissioner Byerly stated he would like to see the full amount
escrowed because at some point these portions of the sidewalk and trail
are going to be necessary.
Commissioner Byerly moved to deny the waiver request case GC10-001.
Died for a lack of a second.
Discussion occurred between staff and the Commissioners regarding the
escrow option or construction.
Commissioner Redfearn questioned staff regarding the width of the
easement for the sidewalk. Ron Ruthven replied a survey would have to
be done to determine the exact location of the easement. He stated the
easement is approximately 15 feet (edge of fence and centerline of
street). Commissioner Redfearn stated not seeing the most cost
effective option for the developer. Ron Ruthven stated the trail would
have to be placed on top of the drainage area and underground drainage
improvements would have to be made.
Discussion occurred between staff and the Commissioners regarding the
10 foot dedication for street improvements and the determination of the
trail easement. Ron Ruthven stated it would ultimately be determined by
a survey of the property.
Commissioner Phelps questioned Mr. Cameron regarding if the property
line or the right of way dedication been determined. Mr. Cameron stated
the property has been surveyed today and the stakes have been set. He
stated the back portion of the property sits in the middle of the drainage
easement. He stated one pin could not be located and they were going
to have to use calculations on the plat. He stated he used the telephone
poles as markers for the easements. He stated the fence is a few feet
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just outside the telephone poles.
8.
8a
Approval of amendments to Chapters 1, 2 and 3 - Land Development
Code regarding alcohol regulations, Case GC10-002
Ron Ruthven presented the case and briefed the Commissioners.
Commissioner Byerly questioned staff regarding the parking
requirements. Ron Ruthven stated the parking requirements are already
addressed with the alcohol use but could be revised by City Council. He
stated the calculations are based by general retail use.
Commissioner Phelps questioned staff regarding the procedure for a
package store. Ron Ruthven stated before they could have any legal
sales, they will have to have City approval. He stated independent of the
zoning, the State will have to issue a permit for the sales.
Commissioner Dudziak questioned staff regarding if the City can restrict
the number of package stores. Ron Ruthven replied yes, however,
there is no set definitive limit per the code. He stated it is a case by case
basis and they would have to have approval by City Council and will
have to abide by all codes.
Commissioner Byerly opened the public hearing at 7:50 p.m.
There being no one wishing to speak, the public hearing was closed at
7:50 p.m.
Commissioner Dudziak questioned staff if a telephone pole would be
placed on private property? Ron Ruthven stated it being possible,
however, there are usually utility easements located if not located in
public right of way.
Commissioner Redfearn questioned Mr. Cameron regarding how deep is
the ditch on the property line. Mr. Cameron stated about 5 or 6 feet
deep and he stated the Cutter Ridge addition flows into this ditch.
Commissioner Dudziak moved to grant the trail waiver and grant the
applicant the option to build or escrow the sidewalk on case GC10-001.
Commissioner Phelps seconded.
The motion carried by the following vote:
Aye: 5 -Knox, Dudziak, Redfearn, Rotthaus, Phelps
Nay: 1 -Byerly
Absent: 1 -Clardy
PUBLIC HEARING AGENDA ITEMS
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Commissioner Redfearn moved to approve case GC10-002.
Commissioner Dudziak seconded.
The motion carried by the following vote:
Aye: 6 -Knox, Dudziak, Redfearn, Rotthaus, Phelps, Byerly
Absent: 1 -Clardy
The motion carried by the following vote:
Aye: 6 -Knox, Dudziak, Redfearn, Rotthaus, Phelps, Byerly
Absent: 1 -Clardy
9. ADJOURNMENT
The meeting adjourned at 7:51 p.m.
I hereby certify the above agenda was posted on the bulletin boards at City Hall
on Friday, April 9, 2010 by 5:00 p.m.
Amy Shelley, Planning and Zoning Assistant
The meeting minutes were approved on April 26, 2010.
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