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HomeMy WebLinkAboutColleyville Center Advisory Committee-Minutes-8/27/2007�°a ;`1 i:� ��T��`1 I : City of Colleyville Agenda Briefing 100 Main Street Colleyville, Texas 76034 (817) 503-1000 www.colleyville.com File Number: File Type: Report Version: 1 Agenda Date: 12/18/2007 Requester: Office of the City Agenda No.: 9 Secretary File Name: Reports - December 18, 2007 Status: Reports Controlling Body: City Council Final Action: Attachments: Colleyville Center Advisory Committee Minutes - August 27, 2007.pdf • Parks and Recreation Advisory Board Minutes - November 5, 2007 • Zoning Board of Adjustments Minutes - November 13, 2007 • Sign Board of Appeals Minutes - November 13, 2007 • Planning and Zoning Commission Minutes - November 26, 2007 History of Legislative File Version: Date: Acting Body: Action Text: 1 12/18/2007 City Council Title Colleyville Center Advisory Committee Minutes - August 27, 2007 Parks and Recreation Advisory Board Minutes - November 5,2007 Zoning Board of Adjusments Minutes - November 13, 2007 Sign Board of Appeals Minutes - November 13, 2007 Planning and Zoning Commission Minutes - November 26, 2007 City of Colleyville Page 1 Printed on 12/13/2007 COLLEYVILLE CENTER ADVISORY COMMITTEE FY 2007 THIRD QUARTER MEETING AUGUST 27, 2007 MINUTES Present: Chair Mark Johnson, Molly Skinner, Suzanne Harrington, Chuck Baudrau, Evelyn Englert, Pat Jones, Tom Westerman, Paul Vigiletti, Muriel Havran, Connie Nichols, Sheryl Black Assistant City Manager Kelly Cooper, Center Manager Lin Przybyl, Center Coordinator Marilyn Gilbert Absent: Vice Chair Louis Miller, Karen Birkes, John Gray, 1. Chair Mark Johnson called the meeting to order at 5:35 p.m. 2. Minutes for the May 21, 2007 Advisory Committee meeting were approved as written. 3. The Advisory Committee reviewed and discussed the Colleyville Center FY2007 - Third Quarter Report. Staff noted a revision for page 6, sentence 2, of the Quarterly Report, which should read "Quarterly revenues reflect a 9°/o decrease over same quarter of FY 2006". 4. Marketing Subcommittee Chair Sheryl Black reported on the current status of the Tenth Anniversary Event. The subcommittee is moving in the direction of a one event public celebration. The subcommittee will meet again in October once they receive approval of funding for the event from City Council. City Council is considering funding to engage a consultant for the purpose of creating a competitive marketing analysis and feasibility study addressing possible expansion and/or renovation of Colleyville Center. If approved, this process may be tied into the celebration. 5. Staff reported that they have completed an annual review of fees and serviced and proposed no adjustment be made to the current fee schedule. Staff did request that the Marketing Subcommittee meet during FY 2008 to review and make recommendation to restructure all fee schedules and policy with the goal of streamlining the booking process for customers. 6. The Committee reviewed and appointment proces appointments. the City Council's recently modified application for all Board, Commissions, and Committee 7. The meeting was adjourned at 6:05 p.m. 1 �A .� olil:��y-�v-�,lle -�,�i�- . PARKS AND RECREATION ADVISORY BOARD MINUTES Monday, November 5, 2007 6:00 p.m. Pat Horn called the meeting to order at 6:15 p.m. on Monday, November 5, 2007, at the Parks and Recreation Office. ROLL CALL: Councilman Tony Licata, Councilman Mike Taylor, Pat Horn, Sheryl Black, Bob Leininger, Steve Dalri, Franklin Hyde, Connie Hampton and Joe Ben Hassell, ABSENT: Charlie Warren and Vince Rosen STAFF: Monica Walsh, Director of Parks and Recreation, Luke DeFilippis, Recreation Supervisor and Wanda Drexel, Administrative Secretary 1. Call to Order 2. Approval of the October 1, 2007 Parks and Recreation Advisory Board Minutes Sheryl Black moved to approve the October 1, 2007 Parks and Recreation Advisory Board minutes. Connie Hampton seconded the motion. The vote was unanimous. 3. Recreation, Athletics, Tennis and Seniors' Reports Luke DeFilippis, Recreation Supervisor, provided an overview of the current and proposed recreation programs and activities available to citizens of Colleyville and surrounding areas. 4. Park Operations and Capital Improvement Status Reports Monica Walsh, Director of Parks and Recreation, presented a status report on current projects. Parks and Recreation Advisory Board November 5, 2007 Page 2 of 2 5. Adjournment Joe Ben Hassell moved to adjourn at 6:24 p.m. Steve Leininger seconded the motion. The vote was unanimous. Respectfully submitted and approved: .a'�ia-rw/a. .�. s�'�.�rc�.� Wanda H. Drexel, Administrative Secretary kw " V�{�/ of Colle`,�/���e 100 Main Street '�,� � � �� '+ �7 Colleyville, Texas 76034 r--.,�,.. �' �� Minutes - Final (817) 503-1000 r, x:;;, www.colleyville.com Zoning Board of Adjustment Tuesday, November 13, 2007 7:00 PM City Council Chambers 1. CALL TO ORDER The Zoning Board of Adjustments meeting of the City of Colleyville was called to order by Chairman McNosky on November 13, 2007 at 7:07 p. m. 2. ROLL CALL Present: Board members Lisa Kenney, Ed Moore, Rich Munson, Dee McNosky Absent: Board members Skip Reynolds, Kevin Sams (Alternate 1) and Uton Dellosso (Alternate 2) Staff Present: Ron Ruthven and Amy Shelley 3. PLEDGE OF ALLEGIANCE 4. APPROVAL OF MINUTES Board member Moore moved to approve the October 9, 2007 meeting minutes as written. Board member Kenney seconded. The motion carried by the following vote: Aye: 4- Kenney, Moore, Munson, McNosky Absent: 3- Reynolds, Sams, Alt. 1, Dellosso, Alt. 2 5. AGENDA ITEMS 5a Case A-07-020 - Request for a variance from the regulations of the Colleyville Land Development Code regarding side setback requirements on Lot 1, Block 1 of the Ford Addition located at 2404 Glade Road Ron Ruthven presented the case and briefed the Board members. Chairman McNosky opened the public hearing at 7:10 p.m. Bob Rumvh, Vice President for Renaissance Builders, came forward to present the case and brief the Board members regarding the request. City of Colleyville Page 1 Printed on 12H2/2007 Zoning Board of Adjustment Minutes - Final November 13, 2007 Raymond Voskamp, 2400 Glade Road, spoke in opposition to the variance request. Mr. Rumvh came forward and stated it was not feasible to move the well to the back of the house. He stated if they are not able to use the well , the structure will be taken down. Chairman McNosky questioned Mr. Rumvh regarding what were the negative aspects of moving the well? Mr. Rumvh replied the well could not just be moved, it would have to be re-drilled with all new equipment that would cost about $10,000 plus. Chairman McNosky questioned Mr. Rumvh regarding how deep is the well? Mr. Rumvh replied about 69 to 80 feet. Chairman McNosky questioned Mr. Rumvh if the well is tied to any other plumbing? Mr. Rumvh replied no, it is a stand alone fixture to water the yard. Board member Moore questioned Mr. Rumvh if the well is operable? Mr. Rumvh stated the pump needs to be replaced but it does work. Board member Moore questioned Mr. Rumvh regarding how is the pressure? Mr. Rumvh stated he gets about 19 gallons per minute. Board member Moore questioned Mr. Rumvh why the building was built without having gotten a variance? Mr. Rumvh stated he spoke to one of the inspectors with the City and he stated that since the well was an existing structure, it would be ok to do what was planned. Mr. Rumvh stated there must have been a misunderstanding. Board member Moore questioned Mr. Rumvh regarding how tall is the structure? Mr. Rumvh replied about 16 to 18 feet. Board member Moore questioned Mr. Rumvh if the structure needs to be that tall? Mr. Rumvh replied it being all aesthetics, it does not have to be that tall. He stated the pump and the equipment is only about 4 1/2 feet tall. Board member Moore and Mr. Rumvh discussed the dimensions of the well and pump. Chairman McNosky and Mr. Rumvh discussed the dimensions of the well house and the access to the pump. Board member Kenney questioned Mr. Rumvh what will happen if the variance is not granted? Mr. Rumvh stated he would tear down the structure and take out the well and cap the pump. He stated not wanting to spend $10,000 dollars to move the well. City of Colleyville Page 2 Printed on 12H2/2007 Zoning Board of Adjustment Minutes - Final November 13, 2007 Chairman McNosky questioned Mr. Rumvh if there was a misunderstanding regarding what the inspector said that could be done and what could actually be done? Mr. Rumvh concurred. There being no one wishing to speak, the public hearing was closed at 7:23 p.m. Board member Moore moved to deny case A-07-020. Board member Kenney seconded. The motion to deny carried by the foflowing vote: Aye: 4- Kenney, Moore, Munson, McNosky Absent: 3- Reynolds, Sams, Alt. 1, Dellosso, Alt. 2 5b Case A-07-021 - Request for a variance from the regulations of the Colleyville Land Development Code regarding landscape buffer requirements on Tracts 3D, 3D2, 3D3, 3E, 3E2 and 3E3, Abstract 963 of the A.J. Lott Survey located at 7013, 7015 and 7017 Colleyville Boulevard Ron Ruthven presented the case and briefed the Board members. Chairman McNosky opened the public hearing at 7:26 p.m. Kip Whitman, the applicant, came forward to present the case and brief the Board members. lan Norfolk, the Engineer for the project, came forward to brief the Board members as well. Rocky Hudson, 7011 Colleyville Boulevard, spoke in opposition to the variance request. Pat Thomas-Aistrup, 2201 Danniell Drive, spoke in opposition to the variance request. Board member Kenney questioned Mr. Whitman regarding what is it that the City would not approve and why? Mr. Whitman replied that when he went before City Council for a blanket special use permit for alcohol use and the 10 foot setback, they were denied and because they were both put together, the 10 foot setback could not be done by itself. Board member Kenney questioned Mr. Whitman regarding if the City would approve both the front and the rear setback? Mr. Whitman replied at that time, he was only asking for the rear. Board member Kenney questioned Mr. Whitman regarding what type of hours will the restaurant have? Mr. Whitman replied not knowing on one of them, but the other will probably have the same hours as Glorias. City of Colleyville Page 3 Printed on 12H2/2007 Zoning Board of Adjustment Minutes - Final November 13, 2007 Board member Kenney questioned Mr. Whitman regarding the front landscape buffer, Mr. Norfolk indicated that it had been approved by TxDot in principal but there is not a written agreement? Mr. Whitman replied it takes a while with TxDot, but he stated they do have their approval. Board member Kenney stated if that is not obtained then the site plan would change dramatically therefore if the request is granted, the permission would have to be obtained. Ron Ruthven replied the Board could not approve with conditions upon obtaining the permission from TxDot and that is not on the property where the variance is being requested or owned by the applicant. Board member Munson questioned staff if Mr. Whitman presented a letter to the Board from TxDot giving them permission to the right of way, the Board could not consider that request? Ron Ruthven replied as far as the consideration, but as far as attaching a condition to the motion , would not be allowed. Board member Munson stated if something were in place but not a condition of the motion. As right now, there is nothing in place? Mr. Nortolk replied they have nothing in writing from TxDot, TxDot states they have the letter in their district office ready to be routed to the appropriate person to be sent. Board member Munson stated he understood, but there is no letter here to see. Mr. Whitman stated if TxDot does not grant permission to use the right of way, then all of this would be for not. Board member Moore stated there are cars parked along SH26 on the drawing, but he stated Mr. Whitman does not want cars parked along SH26. Mr. Whitman explained to Board member Moore regarding the elevations of the development with regards to SH26. Board member Moore and Mr. Whitman discussed the property, property lines and the fire lane exits on the drawing. Board member Munson and Mr. Whitman discussed the elevations of the development and SH26. Board member Munson and Mr. Whitman discussed the fire lane access adjacent to the proposed development and the property to the rear of the proposed development. Board member Munson and Mr. Whitman discussed the number of parking spaces required and the landscaping that is required could be mitigated between the neighbors. Mr. Whitman stated there would only be enough parking for one restaurant if those parking spaces to the rear are eliminated. City of Colleyville Page 4 Printed on 12H2/2007 Zoning Board of Adjustment Minutes - Final November 13, 2007 Chairman McNosky and Mr. Whitman discussed where the neighbors that spoke during the public hearing live in relation to the proposed development. Chairman McNosky stated for the variance to be granted, she stated she would have to have some assurances that the neighbors would be satisfied with whatever the plans were going to be for the buffering that would mitigate their needs. Mr. Whitman stated if he has to move the entire building back to adhere to the landscaping requirements, then the project would be closer to those neighbors homes and that is not what he wants to do. Board member Munson questioned Mr. Whitman regarding what would happen to the restaurant if those back 11 parking spaces were removed? Mr. Whitman stated the other restaurant would not happen. Discussion occured between staff, Board members and Mr. Whitman regarding the zoning that is in place for the property and the proposed development project that is currently under site plan review. There being no one wishing to speak, the public hearing was closed at 8:20 p. m. Discussion occured between the Board members regarding the letter from TxDot for the permission to use the right of way for part of the landscape buffer. Board member Kenney and staff discussed what is being requested in the briefing and what is being requested in the letter received from Mr. Norfolk. Board member Kenney stated the language needs to be more precise regarding what is being requested. Mr. Whitman stated the City would require a 20 foot buffer if there is no variance granted. Ron Ruthven stated the Board could grant whatever they deem necessary for the landscape buffer. Board member Kenney stated it might be a good idea to table this item until some things can be cleared to be more precise and so that maybe all the voting members could be here as well. Board member Munson stated Mr. Whitman needs to mitigate some of the concerns of the neighbors regarding an agreement for buffering. Mr. Whitman agreed with the idea of tabling the item. He stated what was written in the briefing is not what is being requested. Board member Kenney moved to table case A-07-021. Board member Cify of Colleyville Page 5 Printed on 12H2/2007 Zoning Board of Adjustment Minutes - Final November 13, 2007 Munson seconded. The motion to table carried by the foilowing vote: Aye: 4- Kenney, Moore, Munson, McNosky Absent: 3- Reynolds, Sams, Alt. 1, Dellosso, Alt. 2 6. REPORTS AND COMMENTS None 7. ADJOURNMENT The meeting adjourned at 8:31 p.m. I hereby certify the above agenda was posted on the bulletin boards at City Hall on Friday, November 9, 2007 by 5:00 p.m. Amy Shelley, Planning and Zoning Assistant The meeting minutes were approved on December 11, 2007. City of Colleyville page g Printed on 12/12/2007 �f' �� V��/ of Colle�/�/���e 100 Main Street �'�' '+ �7 Colleyville, Texas 76034 "� � �� (817) 503-1000 MI�IUt@S - Final www.colleyville.com ..r"enn��".. Sign Board of Appeals Tuesday, November 13, 2007 7:15 PM City Council Chambers 1. CALL TO ORDER The Sign Board of Appeals meeting of the City of Colleyville was called to order by Chairman McNosky on November 13, 2007 at 8:32 p.m. 2. ROLL CALL Present: Board members Lisa Kenney, Ed Moore, Rich Munson, Dee McNosky Absent: Board members Skip Reynolds, Kevin Sams (Alternate 1) and Uton Dellosso (Alternate 2) Staff Present: Ron Ruthven and Amy Shelley 3. PLEDGE OF ALLEGIANCE 4. APPROVAL OF MINUTES Board member Kenney moved to approve the September 11, 2007 meeting minutes as written. Board member Knox seconded. The motion carried by the following vote: Aye: 4- Kenney, Moore, Munson, McNosky Absent: 3- Reynolds, Sams, Alt. 1, Dellosso, Alt. 2 5. AGENDA ITEMS 5a Case A-07-022 - Request for a variance from the regulations of the Colleyville Land Development Code regarding monument sign requirements on Tracts 3D and 3E, Abstract 963 of the A.J. �ott Survey located at 7015 and 7017 Colleyville Boulevard Ron Ruthven presented the case and briefed the Board members. Kip Whitman, the applicant, requested his item to be tabled until the next meeting. Board member Kenney moved to table case A-07-022. Board member Munson seconded. City of Colleyville Page 1 Printed on 12H2/2007 Sign Board of Appeals Minutes - Final November 13, 2007 The motion carried by the following vote: Aye: 4- Kenney, Moore, Munson, McNosky Absent: 3- Reynolds, Sams, Alt. 1, Dellosso, Alt. 2 Sb Case A-07-023 - Discuss and review Chapter 7-Sign Regulations of the Colleyville Land Development Code regarding electronic, flashing and scrolling reader board sign requirements Ron Ruthven presented the case and briefed the Board members. Chairman McNosky opened the public hearing at 8:39 p.m. Lynn Bural, 6301 Colleyville Boulevard, stated the signs should have a 15 sec. time limit with a message. He stated scrolling signs create business for business owners. Chairman McNosky questioned Mr. Bural, for clarity, regarding what are his suggestions for the Board to consider? Mr. Bural replied being in favor of scrolling signs with a shorter time limit. He stated he would recommend the 15 second time limit like most others are using. Chairman McNosky questioned Mr. Bural if that 15 second time limit is for a scrolling message or with a standard message? Mr. Bural replied a changing message. He stated there could be a restriction put in place by limiting how much the message can change. He stated as long as the message is not scrolling all the time, there is a good use for it. He stated 15 seconds before the message changes would be good or preferred. Board member Moore questioned Mr. Bural regarding if scrolling signs bring in business? Mr. Bural stated yes, they help bring in business. He stated these signs are very popular. Board member Kenney questioned Mr. Bural regarding what is the name of the case in the Houston court that was mentioned earlier? Mr. Bural stated he did not bring it. Board member Munson questioned Mr. Bural if there is a moratorium going on for signs because of the case mentioned? Mr. Bural stated no, signs are being put up without permits, as he understands. Board member Kenney stated unless there is an appeal on the injunction, it would mean the statute can not be enforced. Kent Fonseca, 3605 Woodcrest Court, stated being in favor of scrolling signs, continuous loop, with less than a rate of 30 seconds. He stated those signs increase business. City of Colleyville page y Printed on 12H2/2007 Sign Board of Appeals Minutes - Final November 13, 2007 Board member Moore questioned Mr. Fonseca if he would be in favor of having these type of signs all the way down Colleyville Boulevard, maybe 25? Mr. Fonseca replied yes, but realistically, there will not be 25 signs along Colleyville Boulevard. Roger De Sarno, 302 Del Mar Court, asking the Board to add a revision on the signage restrictions for Cotleyville to be more competitive and to step into the 21 st Century. He stated people are use to looking at these types of signs. He stated the Board needs to review and put the necessary restrictions in the regulations but add digital information to the signs would give the businesses something to make their business grow. Linda Seim, 3951 Brown Trail, spoke in favor of scrolling signs and stated not understanding why the ordinance is written like it is to allow flashing time and temperature, but not a slowly scrolling message.. She stated she would like to be able to use her existing sign to scroll a message for the community. Brent Stone, 4408 Colleyville Boulevard, owner and operator of the Kwik Kar facility on Colleyville Boulevard, stated being in favor of the reader board signs in general. He stated if Colleyville needs to come into the 21st Century, it would help benefit the businesses. He stated there should be some regulations regarding the scrolling message, maybe change to 15 seconds. He stated these types of signs are very expensive and businesses would not install these signs if the signs did not help to improve their business. Board member Munson questioned Mr. Stone regarding how large should the reader board signs be to be effective? Mr. Stone stated the size of the sign area complies with the sign regulations that are currently in place. Board member Munson questioned Mr. Stone regarding if the rate of scroll or if the minimum or maximum time limit of display should be 15 seconds to change an image or 15 seconds for the scrolling message to pass? Mr. Stone replied rate of scroll should be addressed. Board member Munson agreed and questioned what would the industry have for the rate of scroll? Mr. Stone replied the rate of scroll can be regulated by a computer and that is what needs to be addressed, not too fast, down to a legible speed, more realistic speed, no value to have a sign at a fast rate. He stated not being in favor of flashing signs only scrolling signs. Board members Moore and Kenney discussed what messages could or could not be allowed. Board member Kenney stated messages could not be limited because of the First Amendment. Chairman McNosky questioned staff regarding what is to be done next? Ron Ruthven replied suggestions can be made now or the Board can City of Colleyville page 3 Printed on 12H2/2007 Sign Board of Appeals Minutes - Final November 13, 2007 discuss more at a later date. There being no one wishing to speak, the public hearing was closed at 9:13 p.m. Chairman McNosky questioned the Board members if they would like to make recommendations now or at a later date when the other Board members are available for suggestions? Board member Kenney stated the Council will make there own recommendations. She thanked those who spoke in regards to the regulations. She stated there is a concencise for the digital scrolling signs and stated not all businesses will put these type of signs up because of the costs associated with them. Chairman McNosky thanked those who spoke as well. She stated the cheap electronic signs should not be permitted and restrictions should be put in place regarding scrolling or flashing signs to maintain the corridor. She stated not being in favor of flashing. She stated the scrolling needs to be looked at more. She stated all members of the Board need to consider the regulations. Board member Munson stated flashing is not something to be considered. He stated wanting to look at the rate of scroll. He stated there may be some information regarding the rate of scroll that could help with the recommendations. He stated the Board needs more information. Board member Moore stated being against a scrolling sign for the aesthetic value. He stated not being in favor of the changing of the messages everyday. Chairman McNosky stated the rate of scroll, position of sign can be controlled. She stated she would like more research done if the messages can only pertain to the business. Ron Ruthven replied staff could put together some more information for the next meeting. He stated staff could summarize the recommendations and present those to the Board at the next meeting. All Board members present stated they do not want flashing signs. Board member Munson stated he would like the comments, received tonight, distributed to the other Board members. He stated he would like the other Board members to put comments in the next briefing as well. All Board members present agreed to see the comments and recommendations by the other Board members at the next meeting. Cify of Colleyville Page 4 Printed on 12H2/2007 Sign Board of Appeals Minutes - Final November 13, 2007 6. REPORTS AND COMMENTS Ron Ruthven asked the Board members if they would like to discuss the flow chart that was distributed by the City Attorney in a workshop at the next meeting, around 6:30 p.m. before the regular scheduled meeting to be at 7:00 p.m. Ali present agreed. 7. ADJOURNMENT The meeting adjourned at 9:27 p.m. I hereby certify the above agenda was posted on the bulletin boards at City Hall on Friday, November 9, 2007 by 5:00 p.m. Amy Shelley, Planning and Zoning Assistant The meeting minutes were approved on December 11, 2007. City of Colleyville Page 5 Printed on 12H2/2007 ��� ��� V�t of Colle �/���e 100MainStreet �' xf � � Colleyville, Texas 76034 � � � Minutes - Final �817� 5os-,000 r� xr: . www.colleyville.com Planning and Zoning Commission Monday, November 26, 2007 6:15 PM City Council Chambers 6:15 P.M. PRE-COMMISSION WORKSHOP EXECUTIVE CONFERENCE ROOM, THIRD FLOOR LEGAL BRIEFING BY CITY ATTORNEY REGARDING PLANNING, ZONING, PLATTING, AND LAND USE REVIEW OF REGULAR AGENDA ITEMS DISCUSSION OF PREVIOUS MEETING MINUTES REGULAR MEETING 7:00 P.M. 1. CALL TO ORDER The Planning and Zoning Commission meeting of the City of Colleyville was called to order by Chairman Byerly on November 26, 2007 at 7:00 p. m. 2. ROLL CALL 3. INVOCATION 4. Present: Commissioners Larry Knox, Scott Redfearn, Michael Clardy, David Phelps, Denis Duffy and Jeff Byerly Absent: Commissioner Dave Dudziak Staff Present: Chris Fuller, Ron Ruthven, Jeremy Hutt, Rob McKeown and Amy Shelley The invocation was given by Commissioner Duffy. PLEDGE OF ALLEGIANCE 5. APPROVAL OF MINUTES Commissioner Byerly moved to approve the November 12, 2007 meeting minutes with the corrections made to page 5, "in tact" to "intacY ; and to add Commissioner Byerly instead of "He stated..." to the beginning of the Commissioner's comments section. Commissioner Knox seconded. CityofColleyville page 1 Printed on 12H1/2007 Planning and Zoning Commission Minutes - Final November 26, 2007 The motion carried by the foilowing vote: Aye: 6- Knox, Redfearn, Clardy, Phelps, Duffy, Byerly Absent: 1 - Dudziak 6. CITIZEN COMMENTS REGARDING ITEMS NOT ON THE AGENDA None 7. REGULAR AGENDA ITEMS 7a Consideration of a Minor Plat for Lot 1, Biock 1 of the Thomas Cole Addition on 1.9 acres out of the T.J. Polson Survey located at 4812 Bransford Road, Case P-07-051 Ron Ruthven presented the case and briefed the Commissioners. Commissioner Duffy moved to deny case P-07-051. Commissioner Clardy seconded. Commissioner Byerly stated the denial is without prejudice. The motion carried by the following vote: Aye: 6- Knox, Redfearn, Clardy, Phelps, Duffy, Byerly Absent: 1 - Dudziak 7b Approval of Final Plat for the Villas of Colleyville Addition located at 931-1013 McDonwell School Road and 1100 Lavaca Trail, Case P-07-056 Ron Ruthven presented the case and briefed the Commissioners. Commissioner Duffy moved to approve case P-07-056 with the amendment that the Homeowner Association annual maintenance fee be $275 per lot. City Attorney Kallas stated it would be appropriate for the motion to be a stated as a recommendation to City Council that the fee be $275 per lot per year. Commissioner Phelps seconded. Commissioner Phelps stated he has been assured that the lesser of the finro entrances has enough space for queuing and turn around. The motion carried by the following vote: Aye: 6- Knox, Redfearn, Clardy, Phelps, Duffy, Byerly Absent: 1 - Dudziak 7� Approval of the Preliminary Plat for The Reserve at Colleyville being 92 acres out of the J. Harrell Survey located in the 1000 block of Murphy Road, Case P-07-059 City of Colleyville Page 2 Printed on 12H1/2007 Planning and Zoning Commission Minutes - Final November 26, 2007 7d Ron Ruthven presented the case and briefed the Commissioners. Commissioner Phelps questioned staff if the only thing that has changed regarding the plat for this project is the phasing of the project? Ron Ruthven replied correct, four phases have been added to the plat, nothing else has changed. Ron Shirley, the applicant, and Kevin Kessler, Engineer for the project, came forward to present the case and brief the Commission. Commissioner Redfearn questioned Mr. Shirley regarding why did the plat, which was previously approved, expire, why was it not filed with the County? Mr. Shirley stated they were working with staff as well as an interlocal agreement with the City of Keller. He stated because there were some issues with the interlocal agreement and with weather conditions creating erosion control measures to be taken with the adjacent properties, they just were not able to meet the deadline for filing the plat. Mr. Kessler stated the preliminary plat that was approved did not account for any phasing and the Land Development Code specifically states that if the development is going to be phased, it has to match the preliminary plat. Commissioner Redfearn moved Commissioner Phelps seconded. The motion carried by the following vote: to approve case P-07-059. Aye: 6- Knox, Redfearn, Clardy, Phelps, Duffy, Byerly Absent: 1 - Dudziak Approval of the Final Plat for Phase I of The Reserve at Colleyville being 47 acres out of the J. Harrell Survey located in the 1000 block of Murphy Road, Case P-07-060 Ron Ruthven presented the case and briefed the Commissioners. Commissioner Byerly moved to approve case P-07-060. Commissioner Knox seconded. Commissioner Duffy questioned staff if the Homeowner Association (HOA) documents have been filed? Ron Ruthven replied yes. Discussion occurred between Commissioner Phelps, staff and Kevin Kessler, the Engineer for the project, regarding the traffic flow during the phasing stages of the development and the time frame for the development. Commissioner Redfearn questioned if the phases are numbered in the City of Colleyville Page 3 Printed on 12H 1/2007 Planning and Zoning Commission Minutes - Final November 26, 2007 way that they will be developed? Mr. Kessler replied not necessarily, however, they will build the lots that are listed in each phase during that time of construction; for example, all lots listed in phase 2a or 2b would all be built at the same time. Discussion occurred befinreen Commissioner Phelps and Mr. Kessler regarding the trail system. Mr. Kessler stated the intention is to build the trail during the phasing process, but not sure at this time how it will be constructed. Discussion occurred between Commissioner Phelps and City Attorney Kallas regarding any amendments that would need to be made to the plat for the trail system. City Attorney Kallas replied the construction of the trail would be the developer's decision with regards to when and where constructed. The motion carried by the following vote: Aye: 6- Knox, Redfearn, Clardy, Phelps, Duffy, Byerly Absent: 1 - Dudziak 8. PUBLIC HEARING AGENDA ITEMS $a Consideration of a Replat for Lots 1 RA and 1 RB, Block 1 of the K.R. Marsh Addition on 5.7 acres being Lot 1, Block 1 of the K.R. Marsh Addition located at 2201 Oak Knoll Court, Case P-07-055 Ron Ruthven presented the case and briefed the Commissioners. Commissioner Byerly opened the public hearing at 7:33 p.m. Jenson Gainer, the applicant, came forward to present the case, brief the Commissioners and state that he did not want to put his wife's grandparents in a bind by moving the 100 year flood plain area into a drainage easement; he is only purchasing a little over an acre from them to build his home. He stated they have met every other requirement. Commissioner Duffy questioned Mr. Gainer regarding how would the labeling of the drainage easement put the property owner, the grandparents, in a bind? Mr. Gainer stated he did not want to place a greater restriction on the property than what is currently on the property. Commissioner Duffy stated it would only mean a habitable house is the only thing that could not be built. Mr. Gainer stated he did not want to make any changes to over 2/3 of their property from the 100 year flood plain area to a drainage easement when it is not his property to make those changes. Commissioner Duffy questioned staff regarding how would the labeling City of Colleyville paye 4 P�inted on 12H 1/2007 Planning and Zoning Commission Minutes - Final November 26, 2007 of the drainage easement put the property owners in a bind? Ron Ruthven replied labeling the flood plain as a drainage easement would add a few more restrictions in regards to what could be placed, structures, in a drainage easement. He stated if the plat were to be approved as presented with no drainage easement on the flood plain, the property would still be subject to the City's flood ordinance. Commissioner Duffy stated the easement gives the City access to the land. He questioned staff if the easement is a lot more restrictive or the same as the flood plain. Ron Ruthven replied the easement would add a few more restrictions with regard to putting a structure in the flood plain. Commissioner Clardy questioned Mr. Gainer regarding if the foot print of the new house is not going in the flood plain area? Mr. Gainer replied his house would not be in the flood plain area. He stated the flood plain area is not actually on his property, it is on Mr. Marsh's, wife's grandparents, property. He stated Mr. Marsh has had the same restrictions on his property for 25 years and he stated he did not want to put anymore restrictions on Mr. Marsh's property than what is already in place. Commissioner Byerly questioned Mr. Gainer if there are any plans to put any structures in the flood plain area? Mr. Gainer replied no, not on his land and he stated Mr. Marsh does not have any plans either. He stated they are restricted as is. There being no one wishing to speak, the public hearing was closed at 7:41 p. m. Commissioner Duffy questioned staff regarding what right does the City have to be able to gain access to the property if it floods? Ron Ruthven replied if it is labeled drainage easement, it allows the City certain rights to access the easement. Commissioner Duffy questioned staff if an easement that follows the creek bed could be labeled for clean out if the area floods? Ron Ruthven referred to Jeremy Hutt, Engineering. Jeremy Hutt replied the City would have to get a right of entry from the property owner to do routine maintenance. Commissioner Duffy questioned Jeremy Hutt if there were a drainage easement in place, would the City have to get a right of entry? Jeremy Hutt replied no. Commissioner Duffy stated he did not want to take 2/3 of the property, however, he stated he does want the City to have access to the creek bed and surrounding area because of the flooding. Jeremy Hutt stated the Land Development Code allows the City easement for the entire flood plain. He stated the Commission could limit it to a flood way, which is a smaller portion of the flood plain, to be incorporated into a drainage City of Colleyville Page 5 Printed on 12H1/2007 Planning and Zoning Commission Minutes - Final November 26, 2007 easement which will encompass the creek bed that would allow for the routine maintenance. Discussion occurred with regarding the location of Commissioner Byerly stated done to determine those areas. Commissioner Duffy and Jeremy Hutt the flood way versus flood plain areas. there would need to be more engineering Commissioner Byerly questioned Jeremy Hutt regarding what are the differences between what can be done with a drainage easement and the current flood plain area, what does that gain for the City? Jeremy Hutt replied the drainage easement gives the City a lot more authority on what gets placed out there. He stated if there is anything to be done in the drainage easement, there are forms to fill out that would have to be approved through the departments. He stated if it is just a flood plain area, not all departments would be involved. Commissioner Redfearn questioned Jeremy Hutt regarding if the City has ever attempted to maintain or clean anything on this property? Jeremy Hutt stated not being aware of any on the property, he stated being aware of things in the creek, but not sure on the exact locations. Keith R. Marsh, the property owner, came forward and stated the City has never been on the property to clean. He stated he has no objection to the City going in and cleaning for drainage. He stated he does have a severe objection to an easement being forced on him in order that he can replat to allow for his grandson and granddaughter to build their home. He does not agree to the property being taken and nothing being given in return. Commissioner Phelps questioned Mr. Gainer regarding if only the new lot could have the drainage easement labeled on it as opposed to the entire property? Mr. Gainer stated he did not have an issue with it, but his lot does not contain any of the flood plain area on it. He stated he really has not looked at it much and stated he does not fully understand the drainage easements. He stated he would really have to looked into it a little further. Commissioner Phelps questioned staff if the documentation only needs the flood plain area labeled? Ron Ruthven replied yes. Commissioner Phelps questioned staff if that is what is currently in place? Ron Ruthven replied the plat that is being replatted only shows the drainage easement, he stated the original plat does not show the drainage easement, it only shows the flood plain. Commissioner Phelps questioned staff if the replat is what is triggering the drainage easement requirement? Ron Ruthven replied yes, it must be brought into compliance with the current subdivision regulations in the Land Cityof Colleyville Page 6 Printed on 12H1/2007 Planning and Zoning Commission Minutes - Final November 26, 2007 Development Code, with the remainder of the property and the new lot that is being created. Commissioner Clardy and staff discussed the location of the easement with regards to the plat. Commissioner Redfearn questioned staff regarding what would happen if the whole lot were to fall in the 100 year flood plain? Ron Ruthven replied the lot could still be platted, however, when the building permits were issued, it would have to comply with the flood plain ordinance, it would be one large drainage easement. Commissioner Redfearn questioned staff if the Commission could have the option of a flood way instead of a flood plain? Chris Fuller replied it would be an option, which is why Jeremy Hutt was referred to earlier regarding the differences befinreen the flood plain and flood way. Commissioner Duffy questioned Jeremy Hutt regarding if the flood way is defined? Jeremy Hutt replied it is defined, but it is not included on this plat. Commissioner Duffy replied this plat can 30 day expiration. made a motion to table this item. Ron Ruthven not be tabled, it must be acted upon because of the Ron Ruthven stated the Commission can move to approve the plat with the waiver condition attached, if the applicant agrees to it. He stated if the Commission wants to see a drainage easement as mentioned previously moved closer to the flood way, wherever that is, the waiver could be approved with that recommendation, however, he stated he did not recommend it. City Attorney Kallas replied the Commission has the power to approve a partial waiver, if that be a waiver for the flood plain, drainage easement regulation and reducing that to a flood way. He stated the flood way is defined by the flood maps of FEMA, which is available for review, and defined by those maps in this situation. He stated it would not be a known factor at this time, but the flood way is usually the lowest spot on the ground, around the creek. He stated if the Commission approves the plat, without seeing the map, and the plat needs to be acted upon today, the Commission would be holding the approval of the flood way on the plat up to the unknown factor. Commissioner Duffy stated he has seen that area flood and he does not know where the flood way area is either, or how it encroaches on the property. He stated he would like the Commission to have some City controlled access to the whole creek or flood way area. City of Colleyville Page 7 Printed on 12/11/2007 Planning and Zoning Commission Minutes - Final November 26, 2007 Commissioner Byerly stated the applicant is not bound to accept that. He stated if the Commission makes that a notation on the plat, given the waiver, the applicant can let the plat expire and not ever file the plat. Commissioner Duffy questioned staff if the plat could be denied without prejudice. Commissioner Byerly stated there would be not prejudice if the plat were denied. He stated the applicant would have to agree to the waivers or notations on the plat. Mr. Gainer stated on all of the plans that he has seen, the flood way is very close to the flood plain. He stated he did not have an issue with giving access to the City on his property. He stated he would like to research and study more about the issues regarding the flood plain, flood way and drainage easements before agreeing to anything so that the Commission could approve the plat. Commissioner Knox questioned staff if a waiver could be granted for one of the lots and not all? City Attorney Kallas replied yes, the Commission can give a partial waiver, however, he stated not sure how it would benefit the enforcement of the drainage easement. Commissioner Byerly moved to deny case P-07-055. Commissioner Duffy seconded. Commissioner Redfearn stated this gives the applicant and the family more time to sort through all of the options. He stated the Commission has a willingness to honor what is needed to be done with what could be a problem in the future. Commissioner Byerly stated the motion to deny is not saying the Commission is not willing to work on a compromise, however, without having the flood way in front of the Commission now, it is better to not move forward. Commissioner Phelps stated being very sympathetic to land rights, however, regulations have changed and the City is trying to protect all people in the area. He stated gaining some access is necessary. The motion carried by the following vote: Aye: 6- Knox, Redfearn, Clardy, Phelps, Duffy, Byerly Absent: 1 - Dudziak 9. STAFF COMMENTS, REPORTS AND DISCUSSION ITEMS None City of Colleyville Page 8 Printed on 12H 1/2007 Planning and Zoning Commission Minutes - Final November 26, 2007 10. COMMISSIONERS' COMMENTS AND REPORTS None 11. ADJOURNMENT The meeting adjourned at 8:08 p.m. I hereby certify the above agenda was posted on the bulletin boards at City Hall on Wednesday, November 21, 2007 by 5:00 p.m. Amy Shelley, Planning and Zoning Assistant The meeting minutes were approved on December 10, 2007. City of Colleyville Page 9 Prinfed on 12H1/2007