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HomeMy WebLinkAboutPlanning and Zoning Commission-Minutes-12/12/2011 "~. City of Colleyville City Hall 100 Main Street . ~ Colleyville, Texas 76034 4 ~ p_ '~h,~ Minutes -Final 817.503.1000 www.colleyville.com ~.,,,- Planning and Zoning Commission 6:15 PM City Council Chambers Monday, December 12, 2011 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 PROGRESS AND CITI( COUNCSL ACT ONS ON ON DEVELOPMENT TRENDS, 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 The Planning and Zoning Commission meeting of the City of Colleyville was called to order by Chairman Byerly on December 12, 2011 at 7:00 p.m. 2. ROLL CALL Present: Commissioners Larry Knox, Dave Dudziak, David Wheelwright, Don Davis, Ron Rotthaus and Jeff Byerly Absent: Commissioner Phelps Staff Present: Ron Ruthven, Marty Wieder, Jeremy Hutt, Rob McKeown and Amy Shelley 3. INVOCATION The invocation was given by Commissioner Dudziak. 4. PLEDGE OF ALLEGIANCE 5. APPROVAL OF MINUTES Commissioner Knox moved to approve the November 28, 2011 meeting minutes with grammar corrections. Commissioner Davis seconded. Page 1 Printed on 1/17/2012 City of Colleyville Planning and Zoning Commission Minutes -Final December 12, 2011 The motion carried by the following vote: Aye: 6 -Knox, Dudziak, Wheelwright, Davis, Rotthaus, Byerly Absent: 1 -Phelps 6. CITIZEN COMMENTS REGARDING ITEMS NOT ON THE AGENDA None 7. PUBLIC HEARING AGENDA ITEMS 7a Approval of a replat on 10.1 acres on Lot 1, Block 1, of the Kroger Addition located at 4904 and 4908 Colleyville Boulevard, Case PC11-014 Ron Ruthven presented the case and briefed the Commissioners. Commissioner Byerly opened the public hearing at 7:04 p.m. Chris Biggers, representing the applicant, came forward to present the case and brief the Commissioners. Commissioner Dudziak questioned Mr. Biggers regarding the plan for the other parcels of property. Mr. Biggers replied that the parcels would remain as is but that they do not know specifically the plans for those parcels. Commissioner Dudziak questioned Mr. Biggers regarding if Walmart gets involved in those types of plans? Mr. Biggers replied not typically since they are going into an existing shopping center such as this. He stated if they were to own and sell those parcels, then they would get involved. Commissioner Dudziak questioned Mr. Biggers regarding if Walmart elected not to purchase these. Mr. Biggers replied correct. There being no one wishing to speak, the public hearing was closed at 7:05 p.m. Commissioner Davis moved to approve case PC11-014. Commissioner Rotthaus seconded. Commissioner Dudziak stated that it is the job of this board to try to maintain the integrity of a large piece of property so that in the future we still have the ability to develop the town center as has been discussed many times with the overlay discussions and the redevelopment of 26 projects and much citizen involvement that has asked us to keep these properties in a whole form so that we can do something strategic for our town center. He stated while this is a great economic development for Page 2 Printed on 1/17/2012 City of Colleyville Planning and Zoning Commission Minutes -Final December 12, 2011 our town center, he stated he does not believe it is in the best interest to separate it. He feels that more should have been asked for and therefore he respectfully votes no. The motion carried by the following vote: Aye: 5 -Knox, Wheelwright, Davis, Rotthaus, Byerly Nay: 1 -Dudziak Absent: 1 -Phelps 7b Approval of a request to rezone 23 acres from the AG-Agricultural to CC1-Village Retail with a Special Use Permit for a cemetery or mausoleum on Tract 2601, Abstract 180 of the J.L. Byas Survey located at 5725 Colleyville Boulevard, Case ZC11-026 Ron Ruthven presented the case and briefed the Commissioners. Commissioner Dudziak questioned staff regarding if the applicant can now put a mausoleum in any of the area that is being rezoned. Ron Ruthven replied correct with a building permit. He further explained that there is not a lot of land to be able to construct a mausoleum given the fact that most of the land is grave plots. Commissioner Dudziak questioned staff regarding if a multi-story building could be built. Ron Ruthven replied yes but they would not be able to go over 35 feet in height. Commissioner Dudziak questioned staff if the applicant could build a chapel? Ron Ruthven replied yes. Commissioner Dudziak questioned staff if there were any other structures that could be built on this parcel? Ron Ruthven replied that technically, since the underlying zoning district is commercial, they could build a commercial structure, like an office or retail building on the property. He further stated that it would be problematic because of having to move grave plots. He stated he does not anticipate seeing this happen. Commissioner Dudziak stated that if the right offer came in, it is possible to build a commercial structure. Ron Ruthven concurred if all zoning conditions are met. Commissioner Byerly questioned staff regarding what type of building design score is going to have to be met. Ron Ruthven replied that the current ordinance does not specify design scores for institutional uses. He stated that the CC1 zoning district would be have to meet a design score of 30. Page 3 Printed on 1/17/2012 City of Colleyville Minutes -Final December 12, 2011 Planning and Zoning Commission Commissioner Wheelwright questioned staff regarding if most of that area is used as burial plots. Ron Ruthven replied, by using the exhibits provided, to the west of the vacant area to the east of Broughton, is the last undeveloped piece. He stated everything else is developed as grave plots. He stated that the applicant can explain the areas. Commissioner Byerly opened the public hearing at 7:15 p.m. Julian Brown, representing Bluebonnet Hills Cemetery, came forward to present the case and briefed the Commissioners. He further explained that none of the burial plots will be moved. There being no one wishing to speak, the public hearing was closed at 7:16 p.m. Commissioner Knox questioned staff regarding if the SUP is to be able to construct the building. Ron Ruthven replied yes, as it stands now, it is a legal non-conforming use that can not be expanded therefore the building permit is on hold depending on the rezoning. Commissioner Knox questioned staff regarding if the rezoning is approved then can the applicant build a building twice as tall as the one that is currently out there? Ron Ruthven replied correct. Commissioner Knox questioned staff regarding if a condition regarding the height can be specified in the SUP? Ron Ruthven replied yes. Commissioner Knox stated having an issue with a two story mausoleum, or a 35 foot tall structure right on SH26. Commissioner Knox moved to approve case ZC11-026 with an amendment that the building eve height not exceed 17 feet. Commissioner Dudziak seconded. The motion carried by the following vote: Aye: 6 -Knox, Dudziak, Wheelwright, Davis, Rotthaus, Byerly Absent: 1 -Phelps 8. ADJOURNMENT The meeting adjourned at 7:21 p.m. I hereby certify the above agenda was posted on the bulletin boards at City Hall on Friday, December 9, 2011 by 5:00 p.m. Amy Shelley, Community Development Coordinator Page 4 Printed on 1/17/2012 City of Colleyville Minutes -Final December 12, 2011 Planning and Zoning Commission The meeting minutes were approved on January 9, 2012. Printed on 1/17/2012 Page 5 City of Colleyville