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HomeMy WebLinkAboutPlanning and Zoning Commission-Minutes-9/9/2013 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, 2013City Council Chambers CALL MEETING TO ORDER The Planning and Zoning Commissionmeeting of the City of Colleyville was called to order by Commissioner Dudziakon September 9, 2013 at 7:00p.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 writtencarried 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 3aApproval ofafinal plat on10.07 acresonLot 1, Block 1, Stajduhar Additionlocated 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. City of Colleyville Page 1 Planning and Zoning Commission MinutesSeptember 9, 2013 Commissioner Davis questioned staff regarding any changes that may have been made to the final plat. Ron Ruthven replied there were only minorchanges 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 3bApproval of afinal 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, of the Bone Addition, located at 5008 and 5100 Bluebonnet Drive, case 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 may 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 Davismade amotion to approve case PC13-016. Commissioner Gotcherseconded. 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 4aRequest for a Special Use Permit for an accessory building on Lot 10, 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 entire City of Colleyville Page 2 Planning and Zoning Commission MinutesSeptember 9, 2013 footprint would be covered. Ron Ruthven replied approximately 712 square feetthat would be unenclosed and the rest would be enclosed. Commissioner Davis added the unenclosed square footage would be a porch. Ron Ruthven concurred. The public hearing was opened at 7:15 p.m. Perry Roberts, the applicant, and Zachary Johnson, theproperty 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 contactwith the neighbor to the east but has not made contact with the neighbor to the west. There being no one else wishing to speak, the public hearing was closed at 7:16 p.m. Commissioner Davismade amotion to approve case ZC13-011. Commissioner Knoxseconded. The motion to approve case ZC13-011 carried by the following vote: Aye: 5 –Knox, Dudziak, Wheelwright, Gotcher, and Davis 4bRequest for a zoning change from AG-Agricultural to R-40 Residential on 1.06 acres on Lot 8 of the Mrs. Eva Paul’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 answer any questions. Commissioner Gotcher questioned Mr. Ritz regarding whether this would be his private residence or a build and sale. Mr. Ritz replied it will be his private residence. There being no one else wishing to speak, the public hearing was closed at 7:20 p.m. Commissioner Gotchermade amotion to approve case ZC13- 012. Commissioner Wheelwrightseconded. City of Colleyville Page 3 Planning and Zoning Commission MinutesSeptember 9, 2013 The motion to approve case ZC13-012 carried by the following vote: Aye: 5 –Knox, Dudziak, Wheelwright, Gotcher, and Davis 4cRequest for a Special Use Permitfor a dance studio on Lot 1, Block 1, of the Ratliff Addition, located at 5310 Pleasant Run Road, case ZC13- 013. Ron Ruthven presented the case and briefed the Commission. Commissioner Wheelwright questioned staff regarding whether the property owner of5300 and 5310 Pleasant Run Road were the same. Ron Ruthven replied yes. Commissioner Dudziakquestioned staff regarding the process for permitting any exterior modifications. Ron Ruthven replied a building permit would need to be applied for and approved by city staff. He further explained if the improvements total valuation exceeded the current building valuation, the property owner would be required to bring the building up to the requirements in the Land Development 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 and 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 possibility of patrons parking on the adjacent lot, 5300 Pleasant Run Road. Ron Ruthven replied the property would have to be developed. He further City of Colleyville Page 4 Planning and Zoning Commission MinutesSeptember 9, 2013 explained if anyone were to park on the adjacent property as it is 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 repliedif 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 Ruthven replied no. Commissioner Dudziak questioned staff regarding another business moving into the building; would they also need to apply for a special use permit? Ron Ruthven replied as long as it is a use that is allowed by right in the Commercial Neighborhood zoning district, they would 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 bythe following vote: Aye: 5 –Knox, Dudziak, Wheelwright, Gotcher, and Davis 5.ADJOURNMENT Themeeting 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 of4-0. City of Colleyville Page 5