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HomeMy WebLinkAboutPlanning and Zoning Commission-Minutes-8/13/2012City of Colleyville City Hall Planning and Zoning 100 Main Street Colleyville, Texas 76034 Commission 817. 503.1000 www.colleyville.com Minutes Monday, August 13, 2012City Council Chambers Call Meeting to Order The Planning and Zoning Commission meeting of the City of Colleyville was called to order by Chairman Byerly on August 13, 2012 at 7:10p.m. Roll Call Present: CommissionersLarry Knox, David Dudziak, David Wheelwright, Ron Rotthaus, David Phelps, and Jeff Byerly Absent:Commissioner DonDavis Staff Present:Ron Ruthven, Amy Shelley, Marty Wieder, Jeremy Hutt, Rob McKeown and Kim Roby Invocation The invocation was given by CommissionerRotthaus. 1.APPROVAL OF MINUTES Commissioner Rotthaus moved to approve the July 23, 2012 meeting minutes as written. Commissioner seconded. The motion to approve carried with the following vote: Aye: 6 –Knox, Dudziak, Wheelwright, Rotthaus, Phelps and Byerly 2.CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA There were no citizen comments/presentations regarding items not on the agenda. 3.REGULAR AGENDA ITEMS 3aCase PC12-009 -Approval of a request for a minor plat on 0.9 acres onTract 2U, Abstract 1248 of the Thomas J. Polson Survey located at 305 Glade Road Amy Shelley presented the case and briefed the Commissioners. City of Colleyville Page 1 Planning and Zoning Commission MinutesAugust 13, 2012 Bobby Tuley, the applicant, did not have any additional information to add to the staff briefing comments. Commissioner Rotthausmoved to approve case PC12-009. Commissioner Wheelwrightseconded. The motion to approve carried with the following vote: Aye: 6 –Knox, Dudziak, Wheelwright, Rotthaus, Phelps and Byerly 4.PUBLIC HEARING AGENDA ITEMS 4aConsideration of a request for a Special Use Permit for automotive and motor vehicle sales on Lot 3, Block 1, of the Ponce Addition located at 1803 Tarrant Lane, Suite 130, Case ZC12-018 Amy Shelley presented the case and briefed the Commissioners. Commissioner Dudziak questioned staff regarding if the detailing of the vehicles will occur inside or outside of the building. Ron Ruthven replied that the recommendations in the ordinance specify that the detailing shall occur inside the building, however, the applicant has indicated that this may occur outside. Commissioner Byerly opened the public hearing at 7:17p.m. Tommy Snyder, the applicant, came forward to present the case and brief the Commissioners.He further explained that they do not have to detail the cars on site. Commissioner Dudziak questioned Mr. Snyder regarding what does detailing include. Mr. Snyder stated that it would be washing, waxing and shining the tires. Commissioner Dudziak questioned Mr. Snyder regarding if these are things that can be done inside the building. Mr. Snyder replied that he would rather not do them inside the building since the other cars, being stored in the building, could be affected. Commissioner Dudziak questioned Mr. Snyder regarding if he will be satisfied if the ordinance does not allow detailing outside the building. Mr. Snyder replied that they can detail the vehicles off-site, if necessary. Commissioner Dudziak questioned Mr. Snyder regarding if the customers will City of Colleyville Page 2 Planning and Zoning Commission MinutesAugust 13, 2012 be test driving the vehicles on site. Mr. Snyder replied that their customers are internet based and sometimes they will send a representative over to inspect the cars but rarely are they test driven. He further explained that they deliver the vehicles to a pick-up location therefore they are not test driven through the neighborhood. Commissioner Rotthaus questioned Mr. Snyder regarding the wheel and tire rotation and brake inspection portion of the Statement of Planning Objectives; will those items be done on site? Mr. Snyder replied yes,and that there is a specific location,within the facility,where these will take place. There being no one wishing to speak, the public hearing was closed at 7:20 p.m. Commissioner Dudziak stated not being in favor of having car sales located next to the residential area. He stated that there have been issues with outside display of cars for sale. Commissioner Knoxmoved to approve case ZC12-018. Commissioner Wheelwrightseconded. The motion to approve carried with the following vote: Aye: 5 –Knox, Wheelwright, Rotthaus, Phelps and Byerly Nay: 1 –Dudziak 4bConsideration of arequest for an amendment to the PUD-C-Planned Unit Development Commercial zoning and development requirements on Lot 1A, Block 1, of the Highland Acres Addition located at 412 Timberline Drive North, Case ZC12-021 Amy Shelley presented the case and briefed the Commissioners. Commissioner Byerly questioned staff regarding if the existing cedar fence was in place at the time of the original request. Ron Ruthven replied yes. Commissioner Phelps questioned staff regarding if the landscaping to be planted should reach a certain height by a certain time frame?Ron Ruthven replied that it should reach a height of six feet by two years and it must be evergreen. He further went into the details of such landscaping. Commissioner Byerly questioned staff regarding if the intention of the ordinance is for the landscaping to grow above the six foot fence to provide additional screening between commercial and residential. Ron Ruthven replied effectively, yes. He stated it does not prohibit the property owner City of Colleyville Page 3 Planning and Zoning Commission MinutesAugust 13, 2012 from pruning the landscaping. He stated that the landscaping is to further add to the screening element. Commissioner Byerly opened the public hearing at 7:27p.m. David Keener, the applicant and property owner, came forward to presentthe case and brief the Commissioners.He explained that the residential neighbor is in support of this request even though he has not sent in a letter of support. He further explained that the pad site had to be elevated per the requirements of the Engineering department, since the original request. Commissioner Knox questioned Mr. Keener regarding the drainage of the property. Mr. Keener replied that the site currently drains to the south, towards Timberline Drive North. Commissioner Byerly questioned Mr. Keener regarding the size of the needed swale for drainage. Mr. Keener replied that it will need to be at least two feet. Commissioner Phelps questioned Mr. Keener regarding if there will be any structures such as a retaining wall contained in the landscaping or swale area. Mr. Keener replied no. Commissioner Phelps questioned Mr. Keener regarding if the landscaping will be planted along the fence line or anywhere in the swale area. Mr. Keener stated that he understood that the landscaping had tobe planted along the fence line. Commissioner Phelps stated that the landscaping should be utilized to block the view from the commercial to the residential. He stated that the line of shrubs could be moved to provide better screening than the current fencing provides. Mr. Keener stated that he wants this development to look and feel like a residential structure more than a commercial structure therefore the masonry wall makes it feel more commercial than residential. Commissioner Phelps stated having an issue with the potential maintenance issues of the existing residential fence with a masonry wall right up against it. Commissioner Phelps stated being hesitant on giving up the landscaping requirement along this western property line since it will provide additional screening. Commissioner Phelps questioned staff regarding if the landscaping has to be City of Colleyville Page 4 Planning and Zoning Commission MinutesAugust 13, 2012 planted along the fence line or if it can be planted anywhere in this buffer area. Ron Ruthven explained that the landscaping may be planted anywhere in the 20 foot landscape buffer. Commissioner Phelps questioned staff regarding if this request will have to be approved by City Council. Ron Ruthven replied yes. Mr. Keener added that he is less concerned about the landscaping as he is the masonry fencing requirement. He would rather spend that money on landscaping instead of fencing. Commissioner Rotthaus questioned Mr. Keener regarding if the proposed cedar fencing would be placed on the neighbors property or on the subject property. Mr. Keener replied it would be on the property line with the fencing constructed just like the existing fence. Commissioner Rotthaus questioned Mr. Keener regarding the maintenance of the fence. Mr. Keener replied that he will be responsible for the maintenance of the entire fence, including the neighbor’s fence. Commissioner Dudziak questioned, for clarification, the maintenance of the entire fencing. MR. Keener replied yes that he will be responsible for the maintenance of the entire fence, including the neighbor’s fence. Commissioner Dudziak questioned Mr. Keener regarding when he was notified that the subject property would have to be elevated an additional four feet for the pad site. Mr. Keener replied at the time of the engineering review process. There being no one wishing to speak, the public hearing was closed at 7:40 p.m. Commissioner Dudziak stated he would have like to have heard from the neighbor regarding the fence. Commissioner Dudziak questioned staff regarding if the ordinance will have to reflect that the maintenance of the fence shall be this property owner’s responsibility. Ron Ruthven explained that the proposed ordinance already reflects such language. Commissioner Dudziak questioned staff regarding if the resident wants repairs made tothe fencing, the commercial property owner is compelled to repair the fence? Ron Ruthven replied yes. Commissioner Phelps moved to approve case ZC12-021 as the City of Colleyville Page 5 Planning and Zoning Commission MinutesAugust 13, 2012 applicant has requested by waiving the masonry requirement but that the landscaping requirements shall remain, as in the original approved ordinance. Commissioner Rotthausseconded. Commissioner Dudziak stated that they are allowing the addition of the cedar fencing and require that the shrubs be retained. Commissioner Phelps stated that the addition of a masonry fence will make it impossible for the private property owner to maintain his cedar fence. He stated he would like the landscaping to create a visual barrier more so than the fencing with regard to height. The motion to approve failedwith the following vote: Aye: 2–Rotthaus, Phelps Nay: 4 –Knox, Dudziak, Wheelwright, and Byerly Commissioner Byerly moved to deny case ZC12-021.Commissioner Dudziakseconded. The motion to denyfailed with the following vote: Aye: 3–Knox, Dudziak, Byerly Nay: 3–Wheelwright, Rotthaus, Phelps Commissioner Byerly stated that the City Council wants a masonry fence between commercial and residential and further stated that the landscaping creates an additional barrier. Commissioner Dudziak concurred and stated that there has been consistency regarding masonry between commercial and residential. Commissioner Knox stated that there seems to be a lot of people involved regarding the maintaining of the wood fence. Commissioner Byerly concurred and stated that a wood fence requires additional maintenance. Discussion occurred between the Commissioners regarding options to a motion with concerns for the maintenance of the cedar fencing, a masonry wall, and landscaping. Commissioner Wheelwrightstated that this case was approved with a masonry fence with the original request and therefore the Commission has been consistent with masonry between commercial and residential. City of Colleyville Page 6 Planning and Zoning Commission MinutesAugust 13, 2012 Commissioner Byerly questioned Mr. Keener regarding the discussion of the masonry fence and the landscaping requirements. He further questioned if Mr. Keener would acceptthe landscaping requirement next to the fencing. Mr. Keener replied he would not want to put the landscaping right up against any type of fencing that is approved. He further explained that this is a secured memory care facility therefore it requires a fence that is maintained. Discussion occurred between the Commissioners and Mr. Keener regarding the site plan with regard to the placement of the landscapingand the proposed fence. Mr. Keener explained that he would rather spend more money on landscaping than on a masonry fence. Commissioner Byerly questioned staff regarding if there is language that could be used in the ordinance to reflect a dollar amountfor landscaping versus the placement of the landscaping. He further stated that it does not appear that the 25 shrubs will fit in the front area of the building as indicated on the site plan. Ron Ruthven replied that he would suggest ornamental shrubs or trees, such as myrtles, or require double the amount of landscaping along the frontage along Timberline Drive. Commissioner Byerly moved to approve case ZC12-021with the amendment that the landscaping be doubled along the front of the lot and deny the waiver to the wooden fence. Commissioner Knox seconded. The motion to approve carriedwith the following vote: Aye: 4–Knox, Dudziak, Wheelwright, Byerly Nay: 2–Rotthaus, Phelps 5.CONTINUED REGULAR AND PUBLIC HEARING AGENDA ITEMS 5aConsideration of awaiver requestto the sidewalkrequirements on Lot 1, Block 1, of the Bill Boyd Additionlocated at 204 White Drive,Case GC12-009 Ron Ruthven presented the case and briefed the Commissioners. Commissioner Rotthaus questioned staff regarding if the applicant has the option to escrow. Ron Ruthven replied yes, if the Commissioners chose that option rather than to construct the sidewalk. Commissioner Rotthaus questioned staff regarding if the applicant escrows, what does that mean for this sidewalk for the City. Jeremy Hutt, City Engineer, replied that if the applicant should be required to escrow, then the City of Colleyville Page 7 Planning and Zoning Commission MinutesAugust 13, 2012 applicant would be relieved of the sidewalk and the City would then have to construct the sidewalk, at a later time. Commissioner Rotthaus questioned staff regarding if the sidewalk is to be constructed, then the City will require the fence to be moved. Jeremy Hutt replied not without the dedication of an easement since the fence is on private property. Commissioner Rotthaus stated that if the City were to construct the sidewalk, then the City would ultimately be responsible for taking into consideration the drainage. Jeremy Hutt concurred. Commissioner Rotthaus stated that the sidewalk escrow would not take into consideration the cost of the drainage; it would just be for a standard sidewalk. Jeremy Hutt concurred. Commissioner Phelps stated that if the City comes in later and expands the street, and the easement, they would have to acquire the property for the easement? Jeremy Hutt replied that when the property was platted, dedication for the right-of-waywas not indicated on the plat therefore the City would have to acquire that right-of-way by following the Master Thoroughfare Plan. Commissioner Phelps questioned staff regarding if the street were to be widened, would the sidewalk have to be removed. Jeremy Hutt replied that it may be a possibility. Discussion occurred between the Commissioners and staff regarding the possibility of the widening of White Drive and the construction of the sidewalk now versus later. Commissioner Byerly opened the public hearing at 8:13p.m. Jeff Polk, the builder,and Chrisand AmyPutnam, the applicant and property owners, came forward to present the case and brief the Commissioners. Commissioner Byerly questioned the applicants regarding if the cost of building the sidewalk has been discussed. Mr. Putnam replied that they have not talked about a cost. Mr. Polk added that he could speculate a cost but he is not sure that the City can require them to move the fence. Commissioner Byerly stated that the City cannot require them to move their fence. Mr. Putman stated that they do not want a sidewalk there since there are none located on White Drive. He further added that they did not budget for a sidewalk and that the drainage is an issue. City of Colleyville Page 8 Planning and Zoning Commission MinutesAugust 13, 2012 Commissioner Knox questioned Mr. Polk regarding if the sidewalk requirement was noted on the building permit. Mr. Polk yes, when they picked up the permit it was noted however they were not aware of it when they were going through the bidding process. Commissioner Rotthaus questioned Mr. Putnam regarding if they would accept the escrow option if the Commissioners chose that option. Mr. Putnam replied yes. There being no one wishing to speak, the public hearing was closed at 8:26 p.m. Commissioner Wheelwrightmoved to approve case GC12-009 with the option to escrow for the sidewalk in lieu of constructing the sidewalk. Commissioner Dudziakseconded. Commissioner Byerly stated that the Sidewalk Committee has made the recommendation for the sidewalk to be constructed. He stated that someone has to be first to build a sidewalk and that there is a priority to connect to the Cotton Belt Trail. The motion to approve,with the option to escrow in lieu of constructing the sidewalk, carried with the following vote: Aye: 4–Dudziak, Wheelwright, Rotthaus, Phelps Nay: 2 –Knox, and Byerly 5bConsideration of a request for a Special Use Permit for the purchasing and/or resale of precious metals including jewelry, gem stones, gold, silver, and platinum on Lot 1, Block 1, of the Town Square Addition located at 5604 Colleyville Boulevard, Suite C, Case ZC12-020 Ron Ruthven explained to the Commissioners that the applicant has sent in a letter to withdraw this case, which has been distributed this evening. Commissioner Byerlymoved to accept the applicant’s withdrawal of case ZC12-020. Commissioner Dudziak seconded. The motion to accept the withdrawal carried with the following vote: Aye: 6 –Knox, Dudziak, Wheelwright, Rotthaus, Phelps and Byerly City of Colleyville Page 9 Planning and Zoning Commission MinutesAugust 13, 2012 6.ADJOURNMENT The meeting adjourned at 8:30p.m. Minutes were written and prepared by: Amy Shelley Community Development Coordinator The meeting minutes were approved on September 10, 2012by a vote of 7-0. City of Colleyville Page 10