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.
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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:
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Wanda H. Drexel, Administrative Secretary
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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.
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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.
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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.
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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.
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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
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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
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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.
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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.
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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
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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.
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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
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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.
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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
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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
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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
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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
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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
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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.
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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
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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.
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