HomeMy WebLinkAboutPlanning and Zoning Commission-Agenda Packets-9/23/2013
City of Colleyville
City Hall
Planning and Zoning
100 Main Street
Colleyville, Texas 76034
Commission
817. 503.1000
www.colleyville.com
Minutes
Monday, September 9, 2013 City Council Chambers
CALL MEETING TO ORDER
The Planning and Zoning Commission meeting of the City of Colleyville was called
to order by Commissioner Dudziak on September 9, 2013 at 7:00 p.m.
Roll Call
Present: Commissioners Larry Knox, Dave Dudziak, David Wheelwright, Jim
Gotcher, and Don Davis
Absent: Commissioners David Phelps and Jeff Byerly
Staff Present: Ron Ruthven, Taci Wrisley, Dale Crown, Rob McKeown, Marty
Wieder, and Matt Butler (City Attorney)
1. APPROVAL OF MINUTES
Commissioner Knox made a motion to approve the minutes as
written. Commissioner Davis seconded.
The motion to approve the minutes as written carried by the
following vote:
Aye: 5 Knox, Dudziak, Wheelwright, Gotcher, and Davis
2. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON
THE AGENDA AS A PUBLIC HEARING ITEM
There were no citizen comments/presentations regarding items not on the
agenda as a public hearing item.
3. REGULAR AGENDA ITEMS
3a Approval of a final plat on 10.07 acres on Lot 1, Block 1, Stajduhar
Addition located at 816 W. L. D. Lockett Road, Case PC13-015.
Ron Ruthven presented the case and briefed the Commission.
The applicant was available but did not wish to speak.
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Planning and Zoning Commission Minutes September 9, 2013
Commissioner Davis questioned staff regarding any changes that m
have been made to the final plat. Ron Ruthven replied there wer
only minor changes such as corner clips at the intersections.
Commissioner Wheelwright made a motion to approve case
PC13-015. Commissioner Davis seconded.
The motion to approve case PC13-015 carried by the following
vote:
Aye: 5 Knox, Dudziak, Wheelwright, Gotcher, and Davis
3b Approval of a final plat for 12.0 acres on Tracts 3, 3E and 3F, of
Abstract 936 of the Joseph M Looney Survey and Lot 1, Block 1, o
the Bone Addition, located at 5008 and 5100 Bluebonnet Drive, ca
PC13-016.
Ron Ruthven presented the case and briefed the Commission.
The applicant was available but did not wish to speak.
Commissioner Davis questioned staff regarding any changes that m
have been made to the final plat. Ron Ruthven replied no.
Commissioner Dudziak questioned staff regarding when the City
Developer Agreement needed to be submitted. Ron Ruthven replied
before the final plat is filed with the County.
Commissioner Davis made a motion to approve case PC13-016.
Commissioner Gotcher seconded.
The motion to approve case PC13-016 carried by the following
vote:
Aye: 5 Knox, Dudziak, Wheelwright, Gotcher, and Davis
4. PUBLIC HEARING AGENDA ITEMS
4a Request for a Special Use Permit for an accessory building on Lo
Block 4, of the Ashmore Addition located at 2713 Highgrove Court,
case ZC13-011.
Ron Ruthven presented the case and briefed the Commission.
Commissioner Dudziak questioned staff regarding whether the enti
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Planning and Zoning Commission Minutes September 9, 2013
footprint would be covered. Ron Ruthven replied approximately 7
square feet that would be unenclosed and the rest would be enclosed.
Commissioner Davis added the unenclosed square footage would be
porch. Ron Ruthven concurred.
The public hearing was opened at 7:15 p.m.
Perry Roberts, the applicant, and Zachary Johnson, the property
owner, came forward to answer questions from the Commission.
Commissioner Gotcher questioned Mr. Johnson regarding whether he
had made contact with the adjacent property owners to brief them on
his plans. Mr. Johnson replied he has made contact with the neighbor
to the east but has not made contact with the neighbor to the we
There being no one else wishing to speak, the public hearing was
closed at 7:16 p.m.
Commissioner Davis made a motion to approve case ZC13-011.
Commissioner Knox seconded.
The motion to approve case ZC13-011 carried by the following
vote:
Aye: 5 Knox, Dudziak, Wheelwright, Gotcher, and Davis
4b Request for a zoning change from AG-Agricultural to R-40 Residential
s Subdivision located at
1105 Tinker Road, case ZC13-012.
Ron Ruthven presented the case and briefed the Commission.
The public hearing was opened at 7:20 p.m.
Frank Ritz, the applicant and property owner, came forward to an
any questions.
Commissioner Gotcher questioned Mr. Ritz regarding whether this
would be his private residence or a build and sale. Mr. Ritz re
will be his private residence.
There being no one else wishing to speak, the public hearing was
closed at 7:20 p.m.
Commissioner Gotcher made a motion to approve case ZC13-
012. Commissioner Wheelwright seconded.
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Planning and Zoning Commission Minutes September 9, 2013
The motion to approve case ZC13-012 carried by the following
vote:
Aye: 5 Knox, Dudziak, Wheelwright, Gotcher, and Davis
4c Request for a Special Use Permit for a dance studio on Lot 1, Block 1,
of the Ratliff Addition, located at 5310 Pleasant Run Road, case-
013.
Ron Ruthven presented the case and briefed the Commission.
Commissioner Wheelwright questioned staff regarding whether the
property owner of 5300 and 5310 Pleasant Run Road were the same.
Ron Ruthven replied yes.
Commissioner Phelps questioned staff regarding the process for
permitting any exterior modifications. Ron Ruthven replied a bu
permit would need to be applied for and approved by city staff. He
further explained if the improvements total valuation exceeded t
current building valuation, the property owner would be required
bring the building up to the requirements in the Land Developmen
Code.
Commissioner Davis questioned staff regarding the driveway
entrance/exit along Central Drive and whether it met code. Ron
Ruthven replied yes.
Commissioner Gotcher questioned Rob McKeown, the fire marshal,
regarding whether he would be calculating the building occupancy
Rob McKeown replied yes, as part of the Certificate of Occupancy
process, the building official will determine the classification
group in which the building shall be labeled as.
The applicant was not present.
The public hearing was opened at 7:29 p.m.
Robert Figueroa, 817 Central Drive, came forward and spoke in
opposition.
There being no one else wishing to speak, the public hearing was
closed at 7:31 p.m.
Commissioner Wheelwright questioned staff regarding the possibil
of patrons parking on the adjacent lot, 5300 Pleasant Run Road. Ron
Ruthven replied the property would have to be developed. He fur
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Planning and Zoning Commission Minutes September 9, 2013
explained if anyone were to park on the adjacent property as it
today, they would be in violation of the Land Development Code.
Discussion continued between staff and the Commission regarding
parking on the adjacent property.
Commissioner Dudziak questioned staff regarding whether there
would be any type of productions planned for this location; would this
violate the ordinance? Ron Ruthven replied if the production or
showcase was for the students, no.
Commissioner Dudziak questioned staff regarding whether the
building could be rented out to other organizations. Ron Ruthve
replied no.
Commissioner Dudziak questioned staff regarding another business
moving into the building; would they also need to apply for a sp
use permit? Ron Ruthven replied as long as it is a use that is a
by right in the Commercial Neighborhood zoning district, they wo
only need to apply for a Certificate of Occupancy.
Discussion continued between Commissioner Dudziak and staff
regarding allowed uses.
Commissioner Wheelwright made a motion to approve case
ZC13-013 with the condition that Sections 4(1) d and e in the
proposed ordinance be removed. Commissioner Gotcher
seconded.
The motion to approve case ZC13-013 with the condition that
Sections 4(1) d and e in the proposed ordinance be removed
carried by the following vote:
Aye: 5 Knox, Dudziak, Wheelwright, Gotcher, and Davis
5. ADJOURNMENT
The meeting adjourned at 7:42 p.m.
The minutes were written and prepared by:
Taci Wrisley
Planning and Zoning Assistant
The meeting minutes were approved on September 23, 2013 by a vote of______.
City of Colleyville Page 5
SBEHREN
Behrens
MANNING DR
SBEHREN
Behrens
MANNING DR
Statement of Planning Objectives
Fort Worth, Texas 76107
Suite 400
PRELIM. REVIEW, PROJECT EXPANSION106-08-13
PARKING LOT LAYOUT
2821 West 7th Street
TBPE Reg #F351
ESMT.
12' UTILITY
N00° 04' 16" E
21.59'
10.50'
(typ.)(typ.)(typ.)
9.0'24.0'18.00'24.00'
F-F
8.50'
10.50'
11.09'
21.59'
N00° 04' 16" E
2.00'
23.4'
(typ.)
24.0'
(typ.)
9.00'
N00° 04' 16" E
25' DRAINAGE
Pool Road
Aerial
Pool Road
N BALLANTRAE DR
OY
SCOTTSDALE DR
WHITEHAVEN DR W
WCTPOPLAR
Notification List
Owner NameOwner AddressOwner CityOwner StateOwner ZipSitus Address
Pearson, Patrick L & Celestine2500 Kings CtColleyville Texas760342500 Kings Ct
Lucart, Sean T Etux Linda A2504 Kings CtColleyville Texas760342504 Kings Ct
Highland Meadows Christian Ch2600 Hall Johnson RdColleyville Texas760345604 Pool Rd
Neisius, Brandon Etux Carolyn2503 Kings CtColleyville Texas760342503 Kings Ct
Cohen-Wullaert, Allison Etvir2502 Kings CtColleyville Texas760342502 Kings Ct
Highland Meadows Christian Ch2600 Hall Johnson RdColleyville Texas760345500 Pool Rd
Intfen, Christopher Etux Marga5603 Winding TrlColleyville Texas760345603 Winding Tr
Yin, Hai-Kuang Etux Nanyi2501 Kings CtColleyville Texas760342501 Kings Ct
Highland Meadows Christian Ch2600 Hall Johnson RdColleyville Texas760345600 Pool Rd
Henderson, Gary R Etux Julie5605 Winding TrlColleyville Texas760345605 Winding Tr
Highland Meadows Christian Ch2600 Hall Johnson RdColleyville Texas760345700 Pool Rd
Przano, Anthony P Etux D Dawan2509 Ballantrae DrColleyville Texas760342509 Ballantrae Dr
Cloud, Ryan P Etux Britney R5801 N Ballantrae DrColleyville Texas760345801 N Ballantrae Dr
Pennington, David Franklin2516 Hall Johnson RdColleyville Texas760342516 Hall Johnson Rd
Highland Meadows Christian Ch2600 Hall Johnson RdColleyville Texas760342600 Hall Johnson Rd
Grapevine-Colleyville ISD3051 Ira E. Woods AvenuGrapevineTexas76051Courtesy Notice
Keller ISD350 Keller ParkwayKellerTexas76248Courtesy Notice
Hurst Euless Bedford ISD1501 Central DriveBedford Texas76022Courtesy Notice
City of GrapevineP. O. Box 95140GrapevineTexas76099Courtesy Notice
Louie Murillo, Applicant2600 Hall Johnson RdColleyville Texas76034Applicant
Public hearing notices were mailed
Friday, September 13, 2013 by Taci Wrisley
Statement of Planning Objectives
STATEMENT OF PLANNING OBJECTIVES
08-05-2013
5700 Pool Road
Colleyville, TX 76034
Compass Christian Church is the owner of lots 1&2 of Block 1 of the S.C.H. Witten Survey A-1740.
The approximate 4.8 acres was made a PUD per Ordinance 0-12-1822
developed for athletic and outdoor activities as a compliment to the main worship and Christian
education facility to the north and Compass Center, a youth and community outreach center to the
east. The church respectfully requests that the PUD be amended t
modifications:
1.Section 4(5)a- We request that the support columns for the pavilion be clad with masonry
materials up to approximately 6 feet in height. We are requestin
the church.
2.Section 4(6)b- We request the requirement for an eight foot masonry screening fence along the
southern property line be removed. Since the Ordinance was passed, the Church has acquired
the property to the south so there is no longer a need to screen
3.Section 4(6)c- We request the requirement for a decorative eight
revised to a six foot tall open rail fence, which given the location and intended use will act as a
sufficient barrier for ball and players entering the vehicular p
4.Section 4(7)b- We request the requirement for a 20 foot landscape buffer along the southern
property line be removed. Since the Ordinance was passed, the Ch
property to the south so there is no longer a need to screen the property to the south.
5.Section 4(8)a- We request the verbage Óthe developer shall repla
(5) foot sidewalk along Hall-Johnson Road and Pool RoadÔ be revi Óthe developer shall
replace and or repair the existing sidewalk along Hall-Johnson Road and Pool RoadÔ. The church
has repaired and replaced the existing sidewalk as damage has occurred during the construction
process, however the existing sidewalk width is not currently fi
sidewalk to be five feet in width was not indicated as a requirement including any of the Permit
plan reviews nor site inspections until the zoning review occured for final review and occupancy.
The church would like to provide earnest money or show funds all
replacement when future development of the land may occur.
End of Memo
Ward Architecture, PLLC ¤ 609 Cheek Sparger Suite 118, Colleyville, TX 76034 ¤ (817) 281-5600
Amended Site Plan
PAVILLION AND PARKING EXPANSION
POOL ROAD AND HALL JOHNSON
COMPASS CHRISTIAN CHURCH
COLLEYVILLE, TEXAS
Amended Pavilion Elevations
Original Case Briefing - 2/21/2012 City Council Meeting
Original Case Briefing - 2/21/2012 City Council Meeting
Original Case Briefing - 2/21/2012 City Council Meeting
Original Case Briefing - 2/21/2012 City Council Meeting
Original Case Briefing - 2/21/2012 City Council Meeting
Original Case Briefing - 2/21/2012 City Council Meeting
Original Case Briefing - 2/21/2012 City Council Meeting
Original Case Briefing - 2/21/2012 City Council Meeting
Original Case Briefing - 2/21/2012 City Council Meeting
Original Case Briefing - 2/21/2012 City Council Meeting
Original Case Briefing - 2/21/2012 City Council Meeting
Original Case Briefing - 2/21/2012 City Council Meeting
Original Case Briefing - 2/21/2012 City Council Meeting
Original Case Briefing - 2/21/2012 City Council Meeting
Original Case Briefing - 2/21/2012 City Council Meeting
Original Case Briefing - 2/21/2012 City Council Meeting
Original Case Briefing - 2/21/2012 City Council Meeting
Original Case Briefing - 2/21/2012 City Council Meeting
Original Case Briefing - 2/21/2012 City Council Meeting
Original Case Briefing - 2/21/2012 City Council Meeting
Original Case Briefing - 2/21/2012 City Council Meeting
Original Case Briefing - 2/21/2012 City Council Meeting
Original Case Briefing - 2/21/2012 City Council Meeting
Original Case Briefing - 2/21/2012 City Council Meeting
Original Case Briefing - 2/21/2012 City Council Meeting
Original Case Briefing - 2/21/2012 City Council Meeting
ORDINANCE O-13-XXXX
AN ORDINANCE AMENDING ORDINANCE O-12-1822CONDITIONS;
PROVIDING FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING
A SAVINGS CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF
FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS
($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE
DATE
WHEREAS,the CityCouncil approved Ordinance O-12-1822 on February
21, 2012, to establish the zoning of 4.8 acres on Lots 1A and 2,
Block 1, of the Wildwood Estates Addition; and
WHEREAS,the applicant has requested an amendment to Ordinance O-12-
1822; and
WHEREAS,the City of Colleyville deems it necessary, for the purpose of
promoting the health, safety, morals, or general welfare of the
City to enact a new zoning ordinance; and
WHEREAS,the City Council has appointed a Planning and Zoning
Commission to recommend the boundaries of the various
original zoning districts and appropriate regulations be
enforced therein and to recommend a new zoning ordinance;
and
WHEREAS,the Planning and Zoning Commission has divided the City into
districts and has prepared regulations pertaining to such
districts in accordance with a comprehensive plan designed to
lessen congestion in the streets; to secure safety from fire,
panic, and other dangers; to promote health, general welfare;
to provide adequate light and air; to prevent the overcrowding
of land; to avoid undue concentration of population; to
facilitate the adequate provision of transportation, water,
sewerage, schools, parksand other public requirements; and
WHEREAS,the Planning and Zoning Commission, has given reasonable
consideration, among other things, to the character of the
districts and their peculiar suitability for particular uses, with a
view to conserving the value of buildings and encouraging the
most appropriate use of land throughout the City; and
Ordinance O-13-XXXX
Page 2of 7
WHEREAS,the Planning and Zoning Commission of the City of Colleyville
and the City of Colleyville City Council, in compliance with the
Charter of theCity of Colleyville, and State Law with reference
to changes to zoning classifications under the Zoning Ordinance
Regulations and Zoning Map, having given the requisite notices
by publication and otherwise, and after holding due hearings
and affording a full and fair hearing to all the property owners
generally, and to the persons interested and situated in the
affected area and in the vicinity thereof, the governing body of
the City of Colleyville is of the opinion that said change in
zoning should be made.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF COLLEYVILLE, TEXAS:
Sec. 1.THAT all the foregoing premises and findings are found to be
true and correct and are incorporated into the body of this
ordinance as if copied in their entirety.
Sec. 2.THAT the Comprehensive Zoning Ordinance of the City of
Colleyville, Texas, be, and the same is hereby amended by
amending Ordinance O-12-1822.
Sec. 3.THAT the Comprehensive Zoning Ordinance of the City of
Colleyville, Texas, be, and the same is hereby amended by
amending the zoning and development requirementson 4.8
acres on Lot1R, Block 1, of the Wildwood Estates Addition as
depicted on Exhibit “A”.
Sec. 4.THAT the Official Zoning Map of the City of Colleyville be
amended to incorporate the zoning change approved herein.
Sec. 5.THAT the above described tract of land shall be subject to the
following conditions:
1.AOO-12-1822
MENDMENTS TO RDINANCE
a.The following amendments to Ordinance O-12-1822 are
hereby authorized:
(1) Section 4(5)a: the exterior surface of all columns shall be
composed of masonry material to minimum height of six
feet above the floor per Exhibit “B”.
Ordinance O-13-XXXX
Page 3of 7
(2)Section 4(6)b: this section is hereby deleted.
(3)Section 4(6)c: A decorativesix (6) foot open rail steel
panel fence shall extend along the northern property
line along Hall-Johnson Road.
(4)Section 4(7)b: The requirement for a 20 foot landscape
buffer along the southern property line is hereby
deleted.
(5)Section 4(8)a: the term “five (5) feet” is hereby deleted
from this section.
2.G
ENERAL
a. In lieu of construction, the developer may place into escrow
the cost to construct the required ten (10) foot trail along
Pool Road per the requirements of the Land Development
payment, or construction, shall occur
Code. Said escrow
prior to the issuance of the final certificate of occupancy.
Sec. 6.THAT the above described tract of land shall be used only in
the manner and for the purposes provided by the
Comprehensive Zoning Ordinance of the City of Colleyville as
heretofore amended, and as amended herein.
Sec. 7.THAT any person, firm or corporation violating any of the
provisions or terms of this ordinance shall be subject to the
same penalty as provided for in the Comprehensive Zoning
Ordinance of the City of Colleyville, and upon conviction shall
be punishable by a fine not to exceed the sum of Two
Thousand Dollars ($2,000.00) for each offense.
Sec. 8.THAT if any section, paragraph, subdivision, clause, phrase or
provision of this ordinance shall be judged invalid or
unconstitutional, the same shall not affect the validity of this
ordinance as a whole or any portion thereof other than that
portion so decided to be invalid or unconstitutional
Sec. 9.THAT in addition to and accumulative of all other penalties,
the City shall have the right to seek injunctive relief for any
and all violations of this ordinance.
Ordinance O-13-XXXX
Page 4of 7
Sec. 10.THAT it has been found that there has been a change in
conditions in the above described property, it is now necessary
that it be given the above zoning classification in order to
permit its proper development and in order to protect the
public interest, comfort and general welfare, and requires that
this ordinance shall take effect immediately from and after its
passage.
Sec. 11.THAT Ordinance O-12-1822shall remain in full force and
effect, except where amended by this ordinance.
AND IT IS SO ORDERED.
nd
The first reading and public hearing being conducted on the 2day of
October2013.
th
The second reading and public hearing being conducted on the 15day of
October2013.
PASSED AND APPROVED by the City Council of the City of Colleyville, Texas,
on this the ________ day of _________________________ 2013.
ATTEST:CITY OF COLLEYVILLE
Amy Shelley, TRMCDavid Kelly
City SecretaryMayor
APPROVED AS TO FORM AND LEGALITY:
Matthew C. G. Boyle
City Attorney
Exhibit “A”–Locationand ZoningMap
Exhibit “B”–Amended Pavilion Elevations