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HomeMy WebLinkAboutPlanning and Zoning Commission-Minutes-6/26/2000 Planning & Zoning Commission Minutes - June 26, 2000 Page 1 of 7 The regular meeting of the Planning and Zoning Commission was called to order by Chairman Hart at 7:00 P.M. on June 26, 2000. Roll Call: Present: Rob Rutherford, Luann Edwards, William Tyler, Jim Fletcher, Bryan Hill, Tom Hart Mike Collins Clayton Husband, Tom Niederauer, Jan Levy Absent: Staff: Invocation: The invocation was given by Jan Levy at the request of Chairman Hart. Approval of Minutes: June 12, 2000 Commissioner Hill moved to approve the minutes as submitted. Commissioner Rutherford seconded the motion. The vote being: Ayes: Rutherford, Edwards, Tyler, Fletcher, Hill, Hart Noes: None 1. TABLED ITEM - An amendment to the Zoning Ordinance regarding the requirements for accessory buildings on residential lots. Case Z-00-023 Commissioner Edwards moved to remove the item from the table for discussion. Commissioner Tyler seconded the motion. The vote being: Ayes: Rutherford, Edwards, Tyler, Fletcher, Hill, Hart Noes: None Barry LeBaron presented the case to the Commission. He told the Commission that the three most difficult regulations to write for zoning ordinances are for signs, outdoor storage, and accessory buildings. He said that they have tried to write regulations establishing size limitations. He presented the information in the staff briefing. He told the Commission that the average size of a dwelling being constructed in the City last month was 6,100 s.f. He proceeded to explain the ordinance and the charts and attachments. Commissioner Edwards asked if the carport section of the Land Development Code could be referenced in the accessory building ordinance. Discussion ensued by the Commission regarding defining the attachments and adding a statement that if something else is not covered by the ordinance, a special use permit would be required. Discussion ensued about attachments to the main structure. Commissioner Tyler reminded the Commission that most subdivisions have an architectural control committee and enforcement measures for deed restrictions. Following discussion, Commissioner Fletcher moved to approve the amended accessory building regulations, Section 3.27.A, with the following changes: 1) Section 2.a - extend the decimal to a .99 in the chart; 2) Section 2.d - add "or increased in height" to the end of the paragraph; and Planning & Zoning Commission Minutes - June 26, 2000 Page 2 of 7 3) Add Section 6 that states "A request for an accessory building not covered by this ordinance will be required to file for a special use permit." Commissioner Edwards seconded the motion. The vote being: Ayes: Rutherford, Edwards, Tyler, Fletcher, Hill, Hart Noes: None 2. A Combination Plat for Lot 1, Block 1, Congregation Beth Israel Addition, requested by Todd Sternfeld, 3.0259 acres located at 6100 Pleasant Run Road, the west side & north of Shelton Road. Case P-00-040 Clayton Husband presented the case to the Commission. He told them about the request by the applicant for a waiver of the requirement to upgrade the water line in front of his lot since it will not provide service to the lot. He said that the Engineering Department is not opposed to the waiver requirement and a plat for a lot to the north also was approved with the waiver. Commissioner Rutherford moved to approved the combination plat with a waiver of the water line construction requirement. Commissioner Edwards seconded the motion. The vote being: Ayes: Rutherford, Edwards, Tyler, Fletcher, Hill, Hart Noes: None 3. A Combination Plat for Lot 1, Block 1, Kramer Addition, requested by Paul Kramer, 8.5952 acres located at 312 White Drive. Case P-00-041 Clayton Husband presented the case to the Commission. He told them that the surveyor has addressed all comments and a new plat was distributed, this evening, to the Commission. Commissioner Edwards moved to approve the combination plat. Commissioner Hill seconded the motion. The vote being: Ayes: Rutherford, Edwards, Tyler, Fletcher, Hill, Hart Noes: None 4. PUBLIC HEARING - A Replat of Lot 6R, Block 4, Chelsea Park, requested by Ernest Hedgcoth for Floyd & Jo Alice Hancock, located at 1805 Avalon Drive. Case P-00-044 Clayton Husband presented the case to the Commission. Chairman Hart said that this replat was in his neighborhood and he was within the notification area. Chairman Hart opened the public hearing. There being no one present wishing to speak, the public hearing was closed. The Commission asked about the notification requirements for a replat and Barry LeBaron informed them of the requirements and the reason notices were sent to all property owners within the original subdivision. He told them about the legislative history of replat notification. Planning & Zoning Commission Minutes - June 26, 2000 Page 3 of 7 Commissioner Fletcher moved to approve the replat. Commissioner Rutherford seconded the motion. The vote being: Ayes: Rutherford, Edwards, Tyler, Fletcher, Hill Noes: None Abstained: Hart 5. A Combination Plat for Lot "A" Giacomini Subdivision, requested by Roger W. Hart, Area Surveying, Inc., for Stephanie Giacomini, 4.990 acres located at 801 W. Lavaca Trail. Case P-00-045 Clayton Husband presented the case to the Commission. He said that the Fire Marshall is reviewing the fire hydrant issue and the applicant will have to meet all of the City requirements for adequate fire protection at the time of obtaining a building permit. Commissioner Edwards asked questions about access by the adjoining property to the east and fire protection if a dwelling was built at the far end of the property. Staff said that the plat is for the purpose of establishing boundary lines and easements and when plans for the construction of the house are submitted, the City staff would evaluate all of the requirements for fire safety. Chairman Hart moved to approve the combination plat. Commissioner Hill seconded the motion. The vote being: Ayes: Rutherford, Edwards, Tyler, Fletcher, Hill, Hart Noes: None 6. PUBLIC HEARING - A Zoning Change requested by Tom Vogt, Vogt Surveying for Susan R. Green, from AG to CC1 (village retail) on 1.947 acres located at 909 Glade Road. Case Z-OO- 046 Tom Niederauer presented the case to the Commission. Discussion ensued about the Colleyville Pathway Plan and the location of the pathway in the area of the zoning change. Chairman Hart opened the public hearing. There being no one present wishing to speak, the public hearing was closed. The Commission stated that they were pleased that the historic home was not going to be torn down and the home and property would be renovated. Commissioner Rutherford moved to recommend approval of the zoning change request. Commissioner Fletcher seconded the motion. The vote being: Ayes: Rutherford, Edwards, Tyler, Fletcher, Hill, Hart Noes: None 7. PUBLIC HEARING - A Zoning Change requested by Father Ghobrial Samaan, St. Mary Church, from RE & R20 to R20 on 3.754 acres located at 1110 John McCain Road. Case Z- 00-047 Planning & Zoning Commission Minutes - June 26, 2000 Page 4 of 7 Tom Niederauer presented the case to the Commission. He told them that the applicant has a split zoning on their property and wanted to establish only one district in order to meet setbacks if they ever build additional buildings on the property. Chairman Hart opened the public hearing. Those present wishing to speak were: Donna Kauffman, 1208 John McCain Road. She said that she is at the meeting as a voice for the rural atmosphere. She said that she understands that church's desire to eliminate the dual zoning on a single lot. She said that they own the 5 acre parcel adjacent to the east and the church and the members have been a positive influence on their neighborhood and she does not object to the churches future plans for growth in the community. She said that it does concern her that property is being considered to be rezoned to a potentially denser category since many adjoining properties are RE or R40 and R20 would detract from the larger estate lots. Ms. Kauffman said that if the church or future owners of the land would change their goals, they could develop residential and she would like to see a less dense zoning than R20. She asked if the zoning category could be changed to R40 or RE and still allows the church to eliminate the dual zoning on a single lot. Chairman Hart asked staff if there was a way the Commission could add an attachment to the zoning change request to discourage future residential development. Mr. Niederauer responded that the case was advertised at R20 and they could normally go to a larger lot configuration without re-advertisement. He said that they would need to check the setback of the main building to see if it meets the requirements in another zoning category. The Commission asked Donna Kauffman to show them where her property was located. She indicated on the map the location of her property. She said that her home is 10' from the church's property. She said that there is very dense tree coverage in the area and does not want the church to eliminate the trees in order to build. Commissioner Hill pointed out that the existing property where her house is located is currently R20. Ms. Kauffman said that she always thought that the property was R40 and the property to the north is RE. Tom Niederauer told the Commission the side yard and front yard setback requirements for R20, R30, R40 and RE zoning districts. He said that the applicants are present and may be able to tell them about the current side yard setbacks of their buildings. Awad Eskander, 903 Red Cedar Way, Coppell, Texas, said that he was the architect speaking in behalf of the church. He said that it is his understanding that the church will neither move out nor develop the property as residential lots. He said that he advised the church that it would be best if they rezone their property to eliminate the dual zoning because it is more advantageous for future church expansion to establish building setbacks. He said that it is 3.7 acre lot and the dividing zoning line overlaps two buildings. He said that the R20 zoning district allows better setback lines for future development of the property. He said that the existing building is 24' from the eastern property line. He said that they object to changing the request to R30 or R40 because of the more restrictive setbacks as the lot is very narrow and they have had to place all of the parking on the west side and the buildings on the east side. He said that they are very limited as far as accessibility. He said that the church is really big on preserving the trees. He said that the Planning & Zoning Commission Minutes - June 26, 2000 Page 5 of 7 back property next to the Kauffmans have many big oak trees and they do not want to cut them down so they are limited to future expansion at the front portion of the property. He said that when he studied all of the circumstances, they determined that it is best to zone the entire property R20 as the majority of the property is already R20. In response to Commissioner Fletcher's question, he said that they have owned the property for 15 years and they plan to stay. Commissioner Edwards asked staff if the Commission could change any setback requirements for a certain zoning district change on a specific property. Staff responded that the Commission does not have the authority to change standard setback lines. Commissioner Fletcher said that in light of the fact that the church has been here for many years and they have stated that they are going to stay and not subdivide the property into residential lots, R20 zoning on the entire lot should not be a problem. He said that in 10 to 20 years, R20 zoning would be prevalent in the entire City. Commissioner Hill added that the property adjacent to the west is already zoned R20 and most of the churches property is zoned R20, and property to the south and east is zoned R20, it makes sense to zone the entire property R20. Commissioner Edwards pointed out that there is some zoning to the east zoned R40 and lots to the north are zoned RE. Donna Kauffman encouraged the Commission to take a look at the physical layout of the property and the way the church is located, as there is a difference between 10' and 15'. She said that the church is 25' away from the property line and her house sits within 15' of her property line and the construction of a hall type building 10' away from her property line would make a difference between a Youpon Holly tree and a Live Oak tree between the two properties. Commissioner Edwards clarified that the property abutting the Kauffmans' property is already R20. Donna Kauffman said that she was unaware that the property changed to R20 and she thought over the years that the property was R40 and came to the City to research. She said that she was told by staff that it would take some time to do the research. Clayton Husband said that he remembers talking with Ms. Kauffman and he couldn't find anything that defined where the R20 category came from. Mr. Eskander said that he respects Ms. Kauffman's opinions very much and the setbacks are not the issue, but the major issue is the area of allowed coverage in the zoning districts. He said that the church could go up to 30% lot coverage in R20 as opposed to 20% in RE and the church is already limited in coverage area because of the trees on the back portion of the property. He asked he there could be a compromise and move the setbacks but keep the lot coverage at 30%. He said that they are willing to negotiate and it is advantageous to the church to have 30% lot coverage. He said that last year the church enhanced the property with a huge parking lot and a fire lane and fire hydrant at the back of the property, and this shows that they are not moving out in the future. Mr. LeBaron advised the Commission that each zoning district has an established front building line, side building line and rear building line and the only way to deviate from the established Planning & Zoning Commission Minutes - June 26, 2000 Page 6 of 7 requirements is to zone the property PUD and the setback requirements can be written into the ordinance. He said that the Commission cannot pick one zoning district and then choose which building setback line they want and staff could never keep track of the changed setbacks on the zoning map unless it were a PUD. He said that the State Zoning Statute says that the regulations will be uniform throughout the zoning district. He responded to Commissioner Edwards' question that the lot coverage on a PUD is 50%. Commissioner Edwards said that because part of the property is already R20, she has no problem with changing the rest of it. She said that if the parties would ask for a PUD-R, they could have designated setbacks and the church could have more space to build on. Commissioner Hill stated that the applicant has asked for R20 not PUD-R and based on the discussion, he would be incline to grant the R20 zoning. Chairman Hart closed the public hearing and asked for a motion. Commissioner Hill moved to recommend approval of the zoning change. Commissioner Fletcher seconded the motion. The vote being: Ayes: Edwards, Tyler, Fletcher, Hill, Hart Noes: Rutherford 8. PUBLIC HEARING - An amendment to Chapter 3 of the Colleyville Land Development Code regarding temporary buildings used for construction offices. Case Z-00-042 Barry LeBaron presented the case to the Commission. He said that after the agenda was put together, the issue of temporary sales offices came up and they would like to research the issue and possibly present a different proposal at their next meeting. Chairman Hart opened the public hearing. There being no one present wishing to speak, the public hearing was closed. Commissioner Hill asked if staff would consider seeking input from the developers. Commissioner Rutherford moved to table the case. Chairman Hart seconded the motion. The vote being: Ayes: Rutherford, Edwards, Tyler, Fletcher, Hill, Hart Noes: None 9. Citizens' comments: There were none. 10. Staff comments, reports and discussion items: Barry LeBaron introduced the Land Development Code manuals to the Commissioners. He invited the Commissioners to an upcoming training session designed for the Zoning Board of Adjustment, and he advised them about future power point presentations. Planning & Zoning Commission Minutes - June 26, 2000 Page 7 of 7 11. Commissioners' comments and reports: Commissioner Edwards asked if Staff was aware that the Shalimar Addition was currently the only access to the proposed trail system along the DART rail lines in the area. ADJOURNMENT: Chairman Hart moved to adjourn the meeting at 8:30 p.m. Commissioner Edwards seconded the motion. The motion passed by acclamation. Respectfully Submitted, Levy lanning & Zoning Assistant Approved on: July 10, 2000 as corrected (Item #2 added "moved to" in the motion). NOTE: As a matter of public record, an audio recording of the above Planning and Zoning Commission meeting is available upon request.