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HomeMy WebLinkAboutPlanning and Zoning Commission-Minutes-5/29/2001 Planning and Zoning Commission Minutes - May 29, 2001 Page 1 of 6 -- Approve 06111101 The regular meeting of the Planning and Zoning Commission was called to order by Chairman Hart at 7:00 P.M. on May 29,2001. Roll Call: Present: Tom Hart, Jo Ann Gasper, Luann Edwards, Mark Hollis, Jeffrey Wall, Bryan Hill Barry LeBaron, Clayton Husband, Jan Levy Staff: Invocation: Commissioner Hollis Approval of Minutes: May 14, 2001 Commissioner Gasper moved to approve the minutes. Commissioner Wall seconded the motion. The vote being: Ayes: Gasper, Edwards, Hollis, Wall, Hill, Hart Noes: None 1. PUBLIC HEARING - Special Use Permit for an accessory building requested by Martha Gibson, on Lot 6, Block 7, Chelsea Park, 5213 Coventry Court. Case Z-01-012 Clayton Husband presented the case to the Commission and reviewed the staff briefing. He told the Commission that the applicant has two areas that exceed the requirements for accessory buildings - maximum size and the setback requirement for the height of the building. The Commission asked questions regarding those requirements. Chairman Hart said that they missed the % acre requirement for building size by only .02 acres, but the setback requirement would be the same. Chairman Hart opened the public hearing. Those present wishing to speak were Martha and Ken Gibson. They presented a letter from the Chelsea Park Neighborhood Association that stated approval. They also said that they spoke to the adjacent neighbor and will drop the height of the windows below the eight foot fence for the neighbor's privacy. Martha Gibson said that the upstairs area will become her studio. Commissioner Wall asked the Gibsons if the structure will become a permanent dwelling and they responded that it would not. Commissioner Hollis questioned the height of the building and the Gibsons responded that they wanted 10' ceilings for the game room on the first floor and that necessitated the additional height to the building. The Gibsons. said that the neighbors greatest concern was that the building was going to be constructed of brick. The Commission asked questions about the drawing in the packet and clarification of size of footprint versus total square footage. There being no one else present wishing to speak, the public hearing was closed. Planning and Zoning Commission Minutes - May 29, 2001 Page 2 of 6 -- Approve 06111101 Commissioner Gasper moved to recommend approval of the special use permit for the accessory building. Commissioner Edwards seconded the motion. The vote being: Ayes: Gasper, Edwards, Hollis, Wall, Hill, Hart Noes: None 2. Minor Plat of Voskamp Addition, 1.994 acres located at 2400 Glade Road on the north side of the street. Case P-01-015 Clayton Husband presented the case to the Commission and discussed the staff briefing. Commissioner Gasper moved to approve the minor plat. Commissioner Wall seconded the motion. The vote being: Ayes: Gasper, Edwards, Hollis, Wall, Hill, Hart Noes: None 3. Request of Environs Group for an appeal of the Tree Mitigation Requirements for Lot 1, Block 1, Whigham Addition, 500 Cheek Sparger Road. Case SP-01-001 Clayton Husband presented the case to the Commission and reviewed the staff briefing. He said that the applicant made a good faith effort to meet the requirements of the Land Development Code for landscaping. Commissioner Gasper said that they seemed to have complied with the spirit of the law. Commissioner Gasper moved to approve the appeal. Commissioner Hill seconded the motion. The vote being: Ayes: Gasper, Edwards, Hollis, Wall, Hill, Hart Noes: None 4. TABLED ITEM - An amendment to the Colleyville Land Development Code regarding Divided Entryways; Driveway Spacing; and Easement & Right-Of-Way Encroachments. Case Z-01- 010 Commissioner Gasper moved to remove the item from the table. Commissioner Wall seconded the motion. The vote being: Ayes: Gasper, Edwards, Hollis, Wall, Hill, Hart Noes: None Barry LeBaron presented the case to the Commission. He said that the reason they had previously asked for the case to be tabled was they wanted to obtain comments from the Planning and Zoning Commission Minutes - May 29, 2001 Page 3 of 6 -- Approve 06111101 developers. He said that when they received comments, they re-titled the section from "divided entryways" to "number of subdivision entryways". Commissioner Gasper said that she has concerns about some wording and prefers to be up-front with the developers and tell them what they can and cannot do. She said that she feels that currently as the ordinance is written a lot of responsibility falls on the Fire Marshall and would like to have a work session to hash out what is wanted. Commissioner Edwards asked Mr. LeBaron what will happen when a developer cannot meet the standards for an entryway. He told her that the Planning and Zoning Commission would either deny the plat or ask the developer to provide options and the Commission can waive the requirements if they want to approve an alternative design. Commissioner Gasper asked Chief Johnston if he has done a survey of what other communities allow. He responded that he has and if they can't provide an emergency access, they will allow the developer to provide that the homes would have sprinkler systems per the length of the cul-de- sac requirements. He said that the Commissioner's need to remember why the divided entryway for subdivisions is needed. He said that it was in lieu of a developer not being able to provide an emergency access. Chief Johnston said that all subdivisions over 12 lots are required to have 2 entry ways and when Leyton Grove was developed the Commission and Council could have forced the developer to connect to Arbor Estates at Sycamore. He said that he doesn't have a problem with allowing sprinkler systems and listing alternatives or restriction options, because the developers will not try to provide two entryways or a divided entryway. Commissioner Hill said that he believed that the ordinance needs more work and the Commissioners should keep in mind that most desirable properties are becoming scarce as the City reaches build out and they need to offer options. Chairman Hart asked the Commissioners to express what they think about the ordinance. Commissioner Hollis said that he felt that the ordinance could use some additional work. Commissioner Edwards said that she is happy with the way the ordinance is written and if there are alternatives, the developer could go straight to the alternatives rather than trying to meet the regulations. Commissioner Gasper said that the wording could be improved and if the developer cannot meet the requirements, then and only then can they consider alternatives. Chairman Hart said that land is becoming more difficult to develop and alternatives will need to be considered. Chief Johnston discussed the proposed entryway being developed by Matt Torbit. He said that Mr. Torbit presented a 41' entryway as an alternative to the way the ordinance and the fire department can't live with a 41' entryway with more than 12 lots. Planning and Zoning Commission Minutes - May 29, 2001 Page 4 of 6 -- Approve 06111101 Commissioner Gasper suggested that the ordinance should read: "There shall be two entry ways and if that is not possible, one entry way with an emergency entrance. If that is not possible, a divided entryway shall be allowed. If that is not possible, a 41' wide entryway with the dwellings having sprinkler systems, with the Fire Chief's approval, shall be allowed. Commissioner Hollis said that each subdivision is different and it needs to be considered individually. Commissioner Gasper said that the developer will have to explain why he chose the entryway design that he did and if the language is laid out systematically, the developer and logically go through the process of selecting the one that will work. Commissioner Edwards spoke regarding safety issues and improved thoroughfares so that when there is an emergency, the drivers will have a place to go to allow the emergency vehicles to pass. Commissioner Gasper said that the City has a rural atmosphere on Glade Road. Commissioner Hill said that he is uncomfortable with passing everything off on the Chief. He said that it seems to him if the Commission can't get what they want, they may try to get a combination of emergency access easement, sprinklers, and 41' streets that is an acceptable combination without leaving all of the decision to the Fire Chief. Commissioner Gasper said that she thought they were only leaving the one option, the 41' street with sprinkler systems, to require approval by the Fire Chief. She said that if it were only twelve to sixteen houses, she would have no problem allowing 41' streets and all of the houses required to have sprinklers, but what happens if there are 50 houses. Commissioner Hill said that the Fire Chief may want the emergency easement because he likes it better from a fire response standpoint than the developer who wants a 41' with sprinklers on a development that is one house over the limit. Commissioner Gasper said that the 41' with sprinklers would only be allowed if an emergency easement is not possible. Commissioner Edwards said that in the future someone may come up with something that is innovative and if it is a good alternative, then the Commission should not dismiss it. She said that is why she likes the ordinance to be open ended. Chief Johnston said that his main concern is that he wants to make sure that if the developers come up with a plan that has a 41' paved entryway and sprinklers, which is a completely viable option, that they have to come by it honestly. He said it has to be because they can't provide the other preferred entrance ways. Commissioner Gasper moved to recommend approval of Z-01-010 with the following amendments: 1) There shall be a paragraph in 2. 11. between.. .from the intersecting street right-of- way a minimum distance of one-hundred (100) feet. And If it is impractical... 2) There shall be a period after land Development Code and delete "and be Planning and Zoning Commission Minutes - May 29, 2001 Page 5 of 6 -- Approve 06111101 acceptable to the Fire Marshal and the approving body." in 2. 11. 3) There shall be added to Section 2. 11. "If it is impossible to provide an emergency access easement, a 41' wide street entrance, with houses having sprinklers and approval of the Fire Marshall is acceptable. If it is impossible to meet a 41' street width with sprinklers, and approval of the Fire Marshal, then other alternatives worked out with the Fire Marshall will be considered. Commissioner Hollis seconded the motion. Commissioner Wall said that he doesn't want to put the Fire Chief in the position of having to negotiate with the developer or contractor. Commissioner Gasper said that it is her understanding the Fire Chief doesn't feel uncomfortable doing that. Chief Johnston said that he currently meets with them. Commissioner Wall said that he just didn't want to put it in writing, and he would rather state that the developer has to go through the City Development Review Committee or to the Planning & Zoning Commission. Barry LeBaron responded that all developments go before a staff committee - DRC. Commissioner Gasper said that she takes Commissioner Wall's comments as a friendly amendment. Clayton Husband said that procedurally, if a subdivision has twelve lots or more, the City Council will have to be the final approving body. He recommended incorporating into the language that everything is subject to the approval by the approving body and removing approval from the administrative level to the approval level where it would normally be any way. Commissioner Gasper said that could be added as a separate element after the developer has gone through the three prior conditions, approval is subject to approval by the approving body. Commissioner Hollis seconded the amendment. The vote being: Ayes: Gasper, Edwards, Hollis, Wall, Hart Noes: Hill 5. Citizens' comments regarding items not on the agenda: There were none. 6. Staff comments, reports and discussion items: Barry LeBaron told the Commission that the City Council is accepting applications for a replacement for Joe Hocutt. 7. Commissioners' comments and reports: The Commissioners asked questions about the upcoming cases listed on the agenda. Planning & Zoning Commission Minutes - May 29, 2001 Page 6 of 6-Approved on 06111101 ADJOURNMENT: The Commission moved to adjourn the meeting at 8:35 p.m. The motion was seconded and passed by acclamation. Respectfully Submitted, ~ Planning & Zoning Assistant Approved on: June 11, 2001 as submitted. NOTE: As a matter of public record, an audio recording of the above Planning and Zoning Commission meeting is available upon request.