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Home My WebLink AboutPlanning and Zoning Commission-Minutes-9/12/2011~~~~~, City of Colleyville '`~~~~~ ~ Minutes -Final ,;::. Planning and Zoning Commission City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com Monday, September 12, 2011 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 DISCUSSION OF ITEMS TO BE PLACED ON FUTURE AGENDAS AND UPDATES ON DEVELOPMENT TRENDS, PROGRESS AND CITY COUNCIL ACTIONS ON PAST AGENDA ITEMS EXECUTIVE SESSION - In accordance with Texas Government Code Chapter 551, Subchapter D, Section 551.071 -Legal -Consultation with attorney on legal issues raised by public hearing or action items on the agenda 7:00 P.M. -REGULAR MEETING 1. CALL TO ORDER 2. ROLL CALL The Planning and Zoning Commission meeting of the City of Colleyville was called to order by Chairman Byerly on September 12, 2011 at 7:00 p.m. Present: Commissioners Larry Knox, Dave Dudziak, David Wheelwright, Don Davis, Ron Rotthaus, David Phelps and Jeff Byerly Staff Present: Ron Ruthven, Rob McKeown, Marty Wieder and Jeremy Hutt 3. INVOCATION The invocation was given by Commissioner Wheelwright. 4. PLEDGE OF ALLEGIANCE 5. APPROVAL OF MINUTES Commissioner Knox moved to approve the August 8, 2011 meeting minutes as written. Commissioner Rotthaus seconded. City of Colleyville Page 1 Printed on 9/27/2011 Planning and Zoning Commission Minutes -Final September 12, 2011 The motion carried by the following vote: Aye: 7 - Knox, Dudziak, Wheelwright, Davis, Rotthaus, Phelps, Byerly 6. CITIZEN COMMENTS REGARDING ITEMS NOT ON THE AGENDA None 7. REGULAR AGENDA ITEMS 7a Approval of a request for a replat on Lot 8, Block 1, of the Colleyville Heights Addition located at 5408 South Drive, Case PC11-005 Ron Ruthven presented the case and briefed the Commissioners. Commissioner Byerly opened the public hearing at 7:04 p.m. Roger Hart, 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 7:05 p.m. Commissioner Rotthaus moved to approve case PC11-005. Commissioner Phelps seconded. The motion carried by the following vote: Aye: 7 - Knox, Dudziak, Wheelwright, Davis, Rotthaus, Phelps, Byerly 7b Approval of a request for a minor plat on 1.1 acres on Tract 1 D, Abstract 1154 of the RH McEwing Survey located at 8070 Precinct Line Road, Case PC 11-009 Ron Ruthven presented the case and briefed the Commissioners. Mark Stacy, the applicant, came forward to present the case and brief the Commissioners. Commissioner Phelps moved to approve case PC11-009. Commissioner Davis seconded. The motion carried by the following vote: Aye: 7 - Knox, Dudziak, Wheelwright, Davis, Rotthaus, Phelps, Byerly 8. PUBLIC HEARING AGENDA ITEMS City of Colleyville Page 2 Printed on 9/27/2011 Planning and Zoning Commission Minutes -Final September 12, 2011 8a Approval of a request for an amendment to the PUD-C-Planned Unit Development Commercial zoning and development requirements on Lot 1, Block 1, of the Metrovest Addition located at 6100 Colleyville Boulevard, Case ZC11-015 Ron Ruthven presented the case and briefed the Commissioners. Commissioner Dudziak questioned staff regarding if any noise complaints have been filed against the subject property as it exists. Ron Ruthven replied the Community Development office has not received any complaints however he stated he could not speak for the Code Enforcement Department. Commissioner Davis questioned staff regarding the zoning of the property to the south. Ron Ruthven replied that the property to the south is zoned CC1-Village Retail. Discussion occurred between Commissioner Davis and staff regarding the zoning of the south property and its occupants. Commissioner Byerly opened the public hearing at 7:13 p.m. Tom Morris, the applicant, presented the case and briefed the Commissioners. Commissioner Davis questioned Mr. Morris regarding why is the south property fully vacant and this property is not? Mr. Morris replied several tenants have requested to sell food, however, food sales is not allowed on this property. He stated other tenants have wanted to stay open later, however, the tenants are required to close by 8:00 p.m. He stated they would not pursue a tenant that is not in the best interest of the neighborhood. Commissioner Dudziak questioned Mr. Morris regarding if there would be any need for additional security lighting for the particular tenant. Mr. Morris replied no. Commissioner Dudziak questioned Mr. Morris regarding if there is parking behind the building. Mr. Morris replied there is a driveway behind but no parking permitted. Mr. Morris stated the neighbors are very adversarial regarding the tenants in this building. He stated there are concerns for this opening the door for other late tenants. He further stated that they do not want a tenant that will adversely affect the neighbors. Ernest Hedgecoth, 6012 Ponderosa St., spoke in opposition to the City of Colleyville Page 3 Printed on 9/27/2011 Planning and Zoning Commission Minutes -Final September 12, 2011 request with concerns for lighting and weeds along the fence line. Steve Griffith, 6008 Ponderosa St., spoke in opposition to the request and used pictures on the overhead to show the fencing. Jack Condon, 6100 Ponderosa St., spoke in opposition to the request with concerns for the later hours of operation. He stated it will establish a precedent for other tenants to receive later hours of operation. Chantal Griffith, 6008 Ponderosa St., spoke in opposition to the request with concerns for the Caliber Collision Center parking in the south parking lot. She further stated that the Martin Company has not been neighborly. There were five other persons who registered their opposition however did not wish to speak. There being no one wishing to speak, the public hearing was closed at 7:38 p.m. Mr. Morris came forward and apologized to the neighbors and stated that the proposed tenant is a quiet tenant. He stated he has talked with Mr. Hedgecoth and stated he would like to make whatever resolutions that need to be made in order to meet the neighbors needs. Commissioner Wheelwright questioned Mr. Morris regarding what are the hours of the dance studio currently? Mr. Morris replied they stay open until 10:00 p.m. currently, however, they do not open until later in the day. Commissioner Wheelwright questioned Mr. Morrs regarding if the dance studio has expressed that if they do not receive these hours of operation that they will not occupy this space? Mr. Morris replied yes, very clear. Commissioner Dudziak stated the fence situation concerns him, especially since the property owner stated they would maintain the fencing. He further explained that the neighbors wishes should be considered. He stated there was an agreement with the businesses and the neighbor. He stated being opposed to changing the hours. Commissioner Knox concurred and stated remembering working with the developer with the hours of operation. He stated he did not feel that the hours need to be changed. Commissioner Davis stated he was not here at that time, however, concurred with the Commissioners, there is an agreement in place. City of Colleyville Page 4 rnmCU ~~~ ~~~~~~~. Planning and Zoning Commission Minutes -Final September 12, 2011 Commissioner Dudziak moved to deny case ZC11-015. Commissioner Davis seconded. The motion to deny carried by the following vote: Aye: 7 - Knox, Dudziak, Wheelwright, Davis, Rotthaus, Phelps, Byerly 9. ADJOURNMENT The meeting adjourned at 7:42 p.m. I hereby certify the above agenda was posted on the bulletin boards at City Hall on Friday, September 9, 2011 by 5:00 p.m. Amy Shelley, Community Development Coordinator The meeting minutes were approved on September 26, 2011. City of Colleyville Page 5 Printed on 9/27/2011