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HomeMy WebLinkAboutPlanning and Zoning Commission-Minutes-12/9/2013CityofColleyville CityHall PlanningandZoning 100MainStreet Colleyville, Texas76034Commission817. 503.1000 www.colleyville.comMinutes Monday, December9, 2013 CityCouncilChambers CALLMEETING TO ORDER The Planning andZoningCommission meeting of theCityofColleyville wascalled to order by Chairman Byerly onDecember 9, 2013at 7:22 p.m. RollCall Present: Commissioners LarryKnox, CarelTornes, DavidWheelwright, Jim Gotcher DonDavis, David Phelps, and ChairmanJeff Byerly StaffPresent: RonRuthven, MaryElliott, TaciWrisley, RobMcKeown, Brian Riley, DanHartman, Councilman Chuck Mogged, andMatt Butler (Ci 1. APPROVALOF MINUTES Commissioner Tornesmade a motionto approve the minutes as amended. CommissionerDavisseconded. Themotion toapprove theminutes as amended carriedby the followingvote: Aye: 7 Knox, Tornes, Wheelwright, Gotcher, Davis, Phelps, and Byerly 2. CITIZEN COMMENTS/PRESENTATIONS REGARDINGITEMSNOTON THEAGENDA AS APUBLICHEARING ITEM There wereno citizen comments/presentations regarding itemsnot agenda asa public hearingitem. 3. REGULAR AGENDAITEMS 3a Approval ofa finalplatfor 53.2acres onTract 1G, Abstract 1038of theHallMedlin SurveyandTracts 1A02 & 1C, Abstract 295 of the William E Crooks Survey locatedat7612 & 7624PleasantRun Road CasePC13-021 Mary Elliottpresented thecaseand briefed theCommission. Commissioner Davis questioned staffregarding whether therehave been anysignificant changes from thepreliminary plat. Mary Elliott replied no, thepreliminary platisbeingfollowed. CityofColleyville Page1 PlanningandZoningCommission Minutes December9, 2013 Commissioner Tornes questioned staffregarding theproposed sidewalk thatwould connecttotheMonticellosubdivision; where the sidewalkshownon the plat? MaryElliottreplied the sidewalkis notshownonthe platbut isrequired onbothsidesofthe stree HarrisonLane. Commissioner Phelps made amotion toapprove CasePC13- 021. CommissionerWheelwright seconded. Themotion to approveCasePC13-021carried bythefollowing vote: Aye: 7 Knox, Tornes, Wheelwright, Gotcher, Davis, Phelps, and Byerly 4. PUBLICHEARINGAGENDA ITEMS 4a Request foraSpecial Use Permitfor anaccessory buildingon Lo Block 1, oftheLavaca ParcAddition located at 6212LantanaCourt, CaseZC13-019 Mary Elliottpresented thecaseand briefed theCommission. Commissioner Wheelwrightquestioned staffregardingif thepropo structuremet theheight requirements ofthe Land Development Co butexceeded themaximum square footage requirement. Mary Elliott replied correct. CommissionerGotcher questionedstaffregarding if, under normal circumstances, thestructure would beallowed tobe ascloseas 5) feettothe property line providedno easement were encroached. Mary Elliott replied correct. She further explained themaximum allowed height at five (5) feetfromtheproperty line wouldbe 8) feet. Commissioner Tornesquestioned staffregarding whetherthe materials oftheproposed structurewould match theexistingprimary structure. Mary Elliottreplied yes. Thepublichearing wasopenedat7:33p.m. Bruce Huckins, theapplicant and property owner, cameforward an briefed theCommission. Commissioner Tornes questioned Mr. Huckinsregarding if hehad CityofColleyville Page2 PlanningandZoningCommission Minutes December9, 2013 future plans toinstallapool. Mr. Huckinsreplied yes. He fu explained thatbecause they would like toinstall a poolinthe theyfelt theproposed location would workbest forthem. Mr. Huckins statedifitwasrequested of him, he would place trees between theadjacent properties and theproposed structure. Commissioner Tornes questioned Mr. Huckinsregardingif hehada wood fence. Mr. Huckinsreplied yes, it isaneight (8) footwo fence. Commissioner Davisquestioned Mr. Huckins regardingif therewould be anybalconies or windowslooking over the fence. Mr. Huckins replied no. Commissioner Wheelwright questioned Mr. Huckins regarding the proposed square footage. Mr. Huckinsrepliedthesquare footagef the proposed structure is865 squarefeet. Hefurther explained he believed thearchitectincluded aporch orpatio into thefinal footage, makingthetotal close to900square feet. ChrisStrittmatter, 6213CimarronTrail, came forwardandspokein opposition withregardstodrainage andthestructure size. RandyGray, 6233 Cimarron Trail, came forward and spoke in opposition with regards todiminished homevaluation, drainage, mechanical units operating withinclose proximity to hishome. Tom Lane, 6300 LantanaCourt, came forward andspokeinsupport thisitem. Paul Yew, 6304LantanaCourt, cameforward and spokein support thisitem. The following wished torecord theirvotebut didnotwish tosp DonnaGray, 6233Cimarron Trail, opposed StanHall, 6229 CimarronTrail, opposed PatrickDuffy, builder, support There beingnoone elsewishing to speak, the public hearing was closed at 7:50p.m. Mr. Huckins cameforwardto address comments andconcerns. Chairman Byerly questioned Mr. Huckins where themechanical unit CityofColleyville Page3 PlanningandZoningCommission Minutes December9, 2013 wasproposed to belocated. Patrick Duffyreplied the unitcoul placed oneither the South orthe North endofthe structure. Commissioner DavisstatedMr. Huckinswould probablynot wantto putthemechanical unitonthepool side (South end) ofthebuilding foraesthetic reasons. He furtherstatedif themechanical unit placed on the Northendofthe buildingit would havethe least amount ofimpacton theadjacent neighbors because it wouldbe n to theirdriveway. Mr. Duffy andMr. Huckins bothconcurred. Commissioner Tornesquestioned Mr. Huckins regardingtrees tobe used forscreening. Mr. Huckins replied hewould useexisting t onhis property andhewould movethem tothe rearofthe proposed structure. Commissioner Tornes questionedMr. Huckinsregarding how longhe anticipated visitors stayingintheproposed structures. Mr. Hu replied possibly weekendsor maybeaweek. Commissioner Davis questioned Mr. Huckins regarding whether ornot there wouldbeakitchen. Mr. Huckinsreplied no. Commissioner Phelps questioned staff regarding how theCity determinesif astructure is anauxiliary building versusa resi Mary Elliottreplied theCity looks for 220voltoutlets thatwouldbe usedfor fullsize appliances. Commissioner Tornes questioned staffregardingifdrainage going into yards would be anissue ifthe structure had gutters. Ron Ruthven repliedthe subdivision hasanengineered gradingplanthatwoul needto becomplied with. Commissioner Phelpsquestioned staffregarding whether the conditions Mr. Huckins agreed toverbally wouldneedtobe inclu intherecommendations. MaryElliottreplied yes. Chairman Byerly questioned Mr. Grayregarding iftherewas a difference tohimif there werea750squarefootstructure versus 900 squarefoot structure. Mr. Grayreplied therewouldbe asm roofline. Commissioner Davisquestioned Mr. Grayregardingif theplacemen of treesbehind thebuilding would helpwith hisopposition toseeing thebuilding. Mr. Grayreplied whenthetreesare21foot high maybe. CityofColleyville Page4 PlanningandZoningCommission Minutes December9, 2013 Discussion continued betweenthe Commission andMr. Gray regarding the differencebetween a750 square footbuilding vers 900square foot building. Commissioner Knox stated hehatedto keepamending thecodefor accessory buildings. He further stated thecodesarethere for reason. Commissioner Phelps made amotion toapproveCase ZC13- 019 withthe following conditions: (1) Rain gutters shallbe required on thebuilding with allgutter discharge piped to the nearestapproved drainage facility (2) The existing treesin the backyardtobe relocatedfor the proposed building shallbe locatedin the10 footutility easement in the backyard betweenthebuilding andtherearproperty line (3) The air conditioning unit forthebuilding shallbe locatedonthe north side ofthe building (4) Allwest facing windows shallcontain frosted glass. Commissioner Gotcherseconded. The motiontoapprove CaseZC13-019 with thefollowing conditions: (1) Rain gutters shallberequired onthe building withall gutterdischarge piped tothenearest approved drainage facility (2) Theexisting trees inthe backyardto be relocated for theproposed buildingshallbe located inthe 10 foot utilityeasement in thebackyard between thebuildingand the rear propertyline. (3) Theairconditioning unitfor the building shallbe located on thenorthside ofthebuilding (4) Allwestfacingwindows shallcontainfrosted glasscarried by thefollowing vote: Aye: 6 Tornes, Wheelwright, Gotcher, Davis, Phelps, andByerly Nay: 1 Knox 4b Consideration ofazoning change fromtheAG-Agricultural zoning district tothe PUDC-Planned UnitDevelopment Commercialzoning district on2.8 acresoutof theJ.L. ByasSurvey, Abstract180, lo at 1603 and1605 Hall-JohnsonRoad, CaseZC13-020 RonRuthven presented thecase andbriefedthe Commission. Chairman Byerly questioned staff regarding iftheordinance read the property owner would beresponsible for the costof paving the remainder of the driveway - fromtheedgeof thecurrent paving to theirproperty eventhough it istechnically cityproperty. Ron CityofColleyville Page5 PlanningandZoningCommission Minutes December9, 2013 Ruthven replied correct. ChairmanByerly stated thedraftordinance isnotvery clearonwhowould beresponsible forpaying. Commissioner Tornes questioned staff regarding whether the only access tothis property was viathePublicWorks Service Center driveway. Ron Ruthven repliedcorrect. Commissioner Davisquestioned staffregardingwhether aCertificate of Occupancy was required40 yearsago and how was Mr. Monksable toopen and runa business withouthaving beenissued one. Ron Ruthvenreplied yes, Certificates ofOccupancy were requiredfor residential andcommercial. He furtherexplainedthathedoes not know howMr. Monkswas abletoopen hisbusiness without having CertificateofOccupancy. CommissionerDavis questionedstaff regardingwhenthe property would have been zonedAG-Agricultural. RonRuthven replied when the propertywas incorporated intotheCity, aswithall newlyannexed property. CommissionerDavis questioned staffregardinghow the Citywould about correcting discrepancies with zoning allacrossthecity, hissingle-family residentialhome beingin amulti-familyzoning district. RonRuthven repliedinregardstothatspecific discr the code wasrecentlyamended toallow forsingle-familyuseinthe multi-family zoningdistrict. Commissioner Tornesquestionedstaff regarding iftherehave been any healthorsafetyviolationswiththisbusiness inthelastf ten (10) years. Rob McKeown, thefiremarshal, replied he wasn aware ofany 911 callsto thisestablishment buthasin the last several yearsissued a citation for illegal burning. Hefurther explained hewas contactedby oneofthebusinessowners asking permission toallow aboveground storagetanksforgasoline stor RobMcKeown stated upon a siteinspection healso noted abuilding being locatedcloserthan three (3) feetto a breakerpanel, whi against thefire code. Discussion continuedbetweentheCommission and RobMcKeown regarding health andsafety concerns withthebusiness. Commissioner Knoxquestioned RobMcKeown regarding if therewas a concern gettinganambulance intheproperty ifthere was an injuredperson duetothe propertynothaving a designatedfire l Rob McKeown repliedhe was more concernedabouta firetruck CityofColleyville Page6 PlanningandZoningCommission Minutes December9, 2013 sinking onthe property thanhe wasan ambulance. Hefurther explained iftheycould notget a vehicleonto the property, due lackofa firelane, theywouldfind a waytogettoan injured Commissioner Tornes questioned RobMcKeown regarding theevent therewas afireatthislocation, wouldthe firedepartmentbe ableto haveaccess to thepropertyfrom theadjacent properties? Rob McKeown replied yes, theywouldaccess theproperty in thebest possible. Discussion continued between theCommission and RobMcKeown regarding fire lane requirements. Discussion occurred between Commissioner Davis andRob McKeown regarding the buildingslocatedonthe property andwhatthey we being usedas. Commissioner Gotcherquestioned Rob McKeown regarding bringing the breaker panelup to code; was itassimple asmoving eitherthe breakerpanel ormoving thewall? RobMcKeownrepliedyes. Commissioner Tornes questioned RobMcKeown regarding if anyof the buildings were portable mobilehometype buildings. Rob McKeownreplied yes. Thepublichearing wasopenedat8:25p.m. ThomasMonks, co-ownerof theproperty andbusiness, cameforward and briefedtheCommission. CommissionerPhelps questioned ThomasMonks regarding ifhewas aware they werenotincompliance. ThomasMonks replied theyhad always believedtheywerein compliance. Commissioner PhelpsquestionedThomas Monks regarding whether theirbusinessthe original businessonthisproperty. ThomasMonks replied no, hebelievedtherehad beenacabinet shop prior totheir acquisition of theproperty. Thomas Monksdescribed the building layoutson the property and what eachis usedfor. Commissioner Davisquestioned ThomasMonksregarding how many employeesthey employ. Thomas Monks replied 38during winter season and approximately42 or43 during summerseason. CityofColleyville Page7 PlanningandZoningCommission Minutes December9, 2013 Commissioner Tornesquestioned Thomas Monks regarding what the open space onthe property isused for. ThomasMonks replied th open space ismainly used asstorage foritems suchasmulch, pallets, aboat, andsometrailers. Commissioner Tornes further questioned if chemicalwere storedanywhere ontheproperty. Thomas Monksreplied occasionally theyhave fertilizers delivered, via an18-wheeler, forabriefperiodof approximately one (1) to two (2) weeks. Commissioner Phelps questioned Thomas Monks regardingwhat the composition oftheparking areaand driveway were. Thomas Monks replied asphalt andgravel. Fred Monks, Sr., co-ownerofthe property and business, came forwardand explainedthe composition of theparking areaand driveway. Commissioner Wheelwright questioned ThomasMonks regarding the services thathisbusinessofferedanddidthey pull permits for theworkfor whichonewas required. ThomasMonks replied yes. Commissioner Phelps questioned Thomas Monks regardingthe recommendations fromcitystaff andwas there any of the recommendations they werewillingcomplywith. Thomas Monks repliedtheyare willingtodo anything theywere required to. Discussion continued between theCommission andThomas Monks regarding theirwillingness toworkwiththeCitytobring upto Dennis Golden, 1606 Kingswood Lane, came forwardandspoke in support ofthis item. Commissioner Davisquestioned Mr. Golden regardingwhether orno he hadever hadanyissueswith thebusiness withregards tonoise or anyother nuisances. Mr. Golden repliedno. Charles Bethards, 1602RoyalLane, came forward and spoke in support ofthis item. Terry Hendrix, 1610 Kingswood Lane, cameforward andspoke in support of thisitem. DanielVanRooyen, 1604Kingswood Lane, cameforward andspoke insupport ofthisitem. CityofColleyville Page8 PlanningandZoningCommission Minutes December9, 2013 There beingnoone elsewishing to speak, the public hearing was closed at 8:41p.m. ThomasMonks came forwardtoaddress commentsandconcerns. Commissioner Davis questioned ThomasMonks regarding whethera concretetruck wasused whentheygaveaccessto theirresidenti neighbors to theSouth. ThomasMonksreplied yes. Commissioner Phelps questioned RobMcKeownregardingwhether the composition of thecurrent parking area and driveway wouldqualify as therequiredsub-structure. RobMcKeown repliedsoiltesting and compaction testing wouldneedtobeconducted inorder toconfir thatitwouldqualify. Commissioner Gotcher questioned RobMcKeown regardingwhatthe firedepartment would doifa firewascalled inlaterthatnigh McKeown replied theywouldmakeevery effort theycouldtogain access tothe fire; itwould bethedecision ofthe engineer of truck. Commissioner Phelps stated hewouldlike tosee thebuilding design requirements, landscaping requirements, and therelocationof any buildings waived untilthe facilityneeds toberebuilt. Ron Ruthven questionedCommissioner Phelpsregarding ifhewanted to grantal waiver ofChapter6 DesignStandards. CommissionerPhelps repli yes. RonRuthven addedhe recommends requiring a detailed site plan. Commissioner Davisstated hefeltthe applicant shouldberequir addresslifesafetyissues butdid notfeel theyshouldbe required to do anythingwiththeirparking lot. Discussion occurredamongst theCommission regardingwhetheror notthe parkinglotrequirement neededtobe includedin the ordinance. Commissioner Gotcher statedhewas impressed bytheappli neighbors andtheirsupport of theirbusiness. Fred MonksSr. came forward and statedon severaloccasionsfire truckshavebeenonhis propertyandhe doesnot feelthere wouldbe any issueswith getting themonto hisproperty. Commissioner Wheelwrightstatedhe echoedCommissionerGotcher. CityofColleyville Page9 PlanningandZoningCommission Minutes December9, 2013 Hefurther wasconcerned withlife andhealth safety. Discussion occurred amongst theCommissionregarding theparking lotand firelane. Chairman Byerlyquestioned staff regarding howtogo about grandfatheringthe existingbuildings. Ron Ruthven explainedthere is currently somelanguage in theLand Development Coderegarding grandfathering buildingsor byusing an exhibit toindicate whic buildings weretobegrandfathered. Commissioner Gotcher questioned Rob McKeown regarding whether thefirelanes onthe adjacentpropertieswould meet the fireco requirement. RobMcKeownreplied typically thefire lanewould required ontheproperty thatthebuilding islocated on. Discussion continued between theCommission andstaff regardingthe firelanerequirements. Chairman Byerlymade a motion toapproveCase ZC13-020 with the following conditions: (1) Stafftoprovide clarification onSection 4(d) of theproposedordinance as towhopaysfor the driveway extension (2) The following staff recommendationsregarding compliancewiththe Land Development Code arehereby waived: landscaping, building location andsetbackrequirements, Buildingdesign standards, andParking (3) Thesiteshallmeet allfirelanerequirements inthe LandDevelopment Code Discussion occurredbetween the Commission andStaff regarding fire lanerequirements. CommissionerPhelps seconded. Commissioner Gotcherquestioned FredMonks Sr. regardingif he would accept themotionandthe second. Fred Monks Sr.and Thomas Monks repliedthey wouldaccept theproposed conditions. Themotion to approve Case ZC13-020 withthe following conditions: (1) Staff toprovideclarification onSection 4(d) o theproposed ordinance asto whopays for thedriveway extension (2) Thefollowingstaff recommendations regarding compliance withtheLand Development Code are hereby waived: landscaping, buildinglocation andsetback requirements, Buildingdesign standards, and Parking (3) The CityofColleyville Page10 PlanningandZoningCommission Minutes December9, 2013 site shall meet allfire lane requirements in the Land Development Codecarriedbythefollowing vote: Aye: 7 Knox, Tornes, Wheelwright, Gotcher, Davis, Phelps, and Byerly 4c Consideration of azoning change from theAG-Agricultural zoning district to the PUDR-PlannedUnitDevelopmentResidentialzoning district on4.304 acres of Tracts 2Dand2D3, Abstract 233, of theD. R. BlantonSurvey located at5209 BluebonnetDrive, CaseZC13-021 Mary Elliottpresented thecaseand briefed theCommission. Commissioner Tornes questioned staff regarding ifthe applicant was asking forawaiveron theNorthsideofthedevelopment in orde have moreopenspace. Mary Elliott replied correct. Commissioner Tornes questioned staffregardingwhether theturni radiusat theendof thestreetmet theLand DevelopmentCode. MaryElliottreplied no. CommissionerWheelwright questionedstaff regarding whether the removalofthesidewalk along theNorthsideofthedevelopment wouldgive theapplicant the required percentage ofopen space. MaryElliottreplied no. Thepublic hearing wasopenedat 9:19 p.m. Jim Dewey, engineer, cameforwardandbriefed the Commission. Commissioner Tornesquestioned Mr. Deweyregarding howtheopen spacewould be landscaped if asidewalk wasnot requiredalong the North sideofthe development. Mr. Deweyrepliedthey would lik doaliving screenoftreesand shrubs. KathleenHennessey, 5013 Stonebridge Drive, cameforward and spokeinoppositionof thiscase. Nancy Rogers, 1612Cherry Lane, came forwardandspoke in opposition ofthiscase. Alan Davis, 1500 CherryLane, came forward andspoke inopposition ofthis case. MattSpeight, 1504Cherry Lane, came forward andspokein opposition ofthiscase. CityofColleyville Page11 PlanningandZoningCommission Minutes December9, 2013 Thefollowingdidnotwish to speak butwished torecordtheirvote: Jesse Cobb, 1508CherryLane, opposition Suzy Speight, 1504Cherry Lane, opposition LolaCobb, 1508Cherry Lane, opposition Dianne Farmer, 5305Bluebonnet Drive, opposition Stephen Farmer, 5305Bluebonnet Drive, opposition There beingnoone elsewishing to speak, the public hearing was closed at 9:46p.m. Mr. Dewey came forward andaddressedcomments andconcerns. Vijaya Borra, theproperty owner, cameforward andbriefedthe Commission. Commissioner Tornesquestioned Mr. Borra regardingwhether allof thehomes intheproposed development would betwostoryhomes. Mr. Borrareplied yes. Commissioner Wheelwright questioned Mr. Borra regarding ifhe wouldbeopposedtoremoving one (1) ofthe lotsin ordertogain more openspace. Mr. Borrareplied hecould remove one (1) lot. Commissioner Phelpsstated he didnot believethis development qualifies asa transitionaldevelopment. Hefurtherstated amajority of the criteriaof the Planned Unit Development Residential zoning shouldbe metor compensatedfor andhe didnotseethat with th development. Discussion occurred between staff andMr. Borra regarding possibilities ofdecreasing the numberof lots. Commissioner Gotcher stated concurredwithCommissioner Phelpsin regardsto this property notbeinga transitional area. Hefurt stated evenifthe development metor compensated for the requirements ofthePlanned UnitDevelopment Residential zoning didnotbelieve hecould supportthedevelopmentbecause itwasnot atransitional development. Discussion continued betweenthe Commission, staff, Mr. Dewey, a Mr. Borraregarding density andtransitional properties. Mr. Deweyrequestedtheir casebecontinued tothe next meeting give themtime tolook attheiroptions. ChairmanByerly replied the Commission would makeadecision on whether or nottocontinuet CityofColleyville Page12 PlanningandZoningCommission Minutes December9, 2013 case. Commissioner Knox statedhe concurred withthe other Commissioners and thedevelopment neededmore workbeforeit would get hissupport. Discussion occurredamongsttheCommission regarding theissues with theproposed development. Commissioner Gotcher made amotion todeny Case ZC13-021. Commissioner Davisseconded. Commissioner Phelps questioned staffregarding the optionsthe applicant hadifthemotion carriedto deny. RonRuthven replied applicant hasten (10) daystoappealtothe CityCouncil. He f explained if themotion to denycarried, theapplicantcouldreapply at anytime ifhesowishes. Themotion todeny Case ZC13-021 carried by the following vote: Aye: 7 Knox, Tornes, Wheelwright, Gotcher, Davis, Phelps, and Byerly Chairman Byerlycalled forarecess at10:07p.m. Chairman Byerly reconvened the meetingat 10:15 p.m. 4d Consideration for approvalof amendmentsto Chapter 3 Section3.26- Fences, FreeStanding Walls, and ScreeningMaterialsintheLand Development Code, Case GC13-021 RonRuthven presented thecase andbriefedthe Commission. Commissioner Davisquestioned staffregarding therequirement for eight (8) inch diameter footing andwasthisrequirement forall types. RonRuthven repliedthisrequirement is forwoodfences. Commissioner Davis questioned staffregarding whether theproposed updates apply toretainingwalls. Ron Ruthven replied no, the updatesonlyapplyto free-standing walls. Commissioner Phelps questionedstaff regardingwhether allof th proposed updatesapplytocommercial andresidential. RonRuthv replied the onlyupdate thatappliesto commercial only isthe requirement forgalvanized steelpostfor wood fences. CityofColleyville Page13 PlanningandZoningCommission Minutes December9, 2013 CommissionerPhelpsquestioned staff regarding what wasthedriv toupdate thefencerequirements. Ron Ruthven repliedwhile fen arenot ahugeissue, itwasadirective fromtheCity Councilforstaff tocreate more specific fence standards forconstruction and maintenance. Commissioner Tornesquestioned staffregardingif theresponsibi of the fence would beshared betweenneighbors. Ron Ruthven replied yes, in mostcases. Discussion occurred between theCommission and staffregarding responsibility ofshared fences. Commissioner Gotcher questioned staffregarding if other surroun cities wereasdescriptive withtheirfence codes. RonRuthven Frisco andArlingtonwere justasdescriptive, if not more, asthe proposed but otherswere not. Chairman Byerly questioned staffregarding whethernatural cedar fences would beconsidered non-compliant withtheproposed updates. Ron Ruthven repliedno, itwouldbe requiredtobe sealed. CommissionerTornes questioned iflanguage couldbeaddto read new construction. Ron Ruthvenreplied yes. Discussion continued regarding languagetoallow fenceswithnat resinnot needingto besealed. Commissioner Davisstated he did notfeel theyshould be telling residencewhatto dowiththeirfences withregards tospecific staining, andetcetera. Commissioner Phelpsstatedhe felt theproposed updates seemed l micro-management that hewould liketoresist, if possible. Chairman Byerlystated he concurred withCommissioner Phelps. H further added hefelt the updateswould besuitedmore for commercial fencesand possibly subdivision fences. Discussion occurred amongsttheCommission regarding fence requirements andlanguage theupdates. Commissioner Tornes made a motionto approveCase GC13- 021 withthefollowingconditions: 1) Nochanges to Section C(1) 2) Section C(2) 3) Section C(3) leave thefirst sentence andchangeten (1) CityofColleyville Page14 PlanningandZoningCommission Minutes December9, 2013 days to thirty days 4) Sections C(14)(15) only applies to commercialandsubdivision walls andfences. CommissionerGotchersuggested afriendly amendment toleave Section C(3) in itsentirety. Chairman Byerlyconfirmed thattheintentofthemotion wouldbe to only itemsone (1), two (2), andthree (3) wouldremain under Section C. TheCommission concurred thiswastheirunderstandin Themotion now reads toapprove CaseGC13-021withthe followingconditions: (1) Nochanges to Section C(1) (2) Section C(2) changes toSection C(3) (4) Sections C(4) throughC(8) are herebydeleted (5) Sections 14 and 15shallonly apply to commercial properties and perimetersubdivisionfences/walls Commissioner Phelpsseconded. The motion toapproveCase GC13-021 withthe following conditions: (1) Nochanges toSection C(1) (2) Section C(2) C(3) (4) Sections C(4) through C(8) are hereby deleted (5) Sections 14 and 15shall only apply to commercialproperties andperimeter subdivision fences/walls carried by the followingvote: Aye: 7 Knox, Tornes, Wheelwright, Gotcher, Davis, Phelps, and Byerly ChairmanByerlymade a motion to reconsider Case GC13-021 to openthepublichearing. Commissioner Gotcherseconded the motion. The motionto reconsider Case GC13-021carried bythe followingvote: Aye: 7 Knox, Tornes, Wheelwright, Gotcher, Davis, Phelps, and Byerly The public hearing wasopened at10:47 p.m. Therebeing no onewishing tospeak, thepublichearing was clos 10:47p.m. CityofColleyville Page15 PlanningandZoningCommission Minutes December9, 2013 Commissioner Tornes made a motion to approve CaseGC13- 021with the following conditions: (1) Nochangesto Section C(1) (2) Section C(2) No changes to SectionC(3) (4) SectionsC(4) through C(8) are herebydeleted (5) Sections 14 and 15shallonly apply to commercial properties and perimeter subdivision fences/walls. Commissioner Phelpsseconded. The motion toapproveCase GC13-021 withthe following conditions: (1) Nochanges toSection C(1) (2) Section C(2) C(3) (4) Sections C(4) through C(8) are hereby deleted (5) Sections14and15 shall onlyapplytocommercial properties andperimeter subdivision fences/walls carried by the followingvote: Aye: 7 Knox, Tornes, Wheelwright, Gotcher, Davis, Phelps, and Byerly 4e Consideration for approvalofamendments toChapter8-PlatReview ProceduresintheLandDevelopment Code, CaseGC13-022 RonRuthven presented thecase andbriefedthe Commission. Chairman Byerlyquestioned staff regarding ifminor plats would only require administrative approval. Ron Ruthven repliedyes, along amending plats. Commissioner Tornes questioned staffregarding ifappeals were requestedwould they betaken totheCityCouncil. Ron Ruthven repliedyes. Discussion continued betweenthe Commission andstaff regarding what typesofplats theCommission wouldseeor notsee. Commissioner Gotcherquestioned staffregarding how surrounding cities handle theirplatcases. RonRuthven replied eachcity varies. The publichearingwas opened at11:03p.m. There beingnoonewishingto speak, the public hearing wasclosed at 11: 03 p.m. Commissioner Wheelwrightmadea motionto approve Case GC13-022. Commissioner Knox seconded. CityofColleyville Page16 PlanningandZoningCommission Minutes December9, 2013 The motiontoapprove Case GC13-022carried bythefollowing vote: Aye: 7 Knox, Tornes, Wheelwright, Gotcher, Davis, Phelps, and Byerly 5. ADJOURNMENT The meetingadjourned at 11:04 p.m. Theminutes were writtenand preparedby: Taci Wrisley Planning andZoningAssistant The meeting minutes were approvedonJanuary 13, 2014bya voteof ______. CityofColleyville Page17