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HomeMy WebLinkAboutPlanning and Zoning Commission-Minutes-10/11/2004 ccell0 Texas PLANNING AND ZONING COMMISSION MEETING MINUTES - October 11, 2004 CALL TO ORDER Chairman Byerly called the meeting to order at 7:00 p.m. ROLL CALL Commissioners Jeff Byerly, Luann Edwards, Thomas Dolan, and Denis Duffy were present. Bruce Kelly, Earl Swift and Dave Dudziak were absent. Barry LeBaron, Clayton Husband and Amy Shelley from staff were present. Ross Foster, City Attorney, was present. INVOCATION The invocation was given by Commissioner Edwards. PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES For the minutes of the September 13, 2004 meeting, Commissioner Edwards requested the minutes to be corrected on page 2, first paragraph to remove the word "stated". Commissioner Duffy moved to approve the minutes of the September 13, 2004 meeting with the corrections noted. Commissioner Edwards seconded the motion. The motion was approved by the following vote: Aye: Dolan, Edwards, Duffy and Byerly Nay: None There were no corrections or changes to be made for the September 27, 2004 minutes. Commissioner Byerly moved to approve the minutes of the September 27, 2004 meeting. Commissioner Edwards seconded the motion. The motion was approved by the following vote: Aye: Dolan, Duffy, Edwards and Byerly Nay: None Planning & Zoning Commission Minutes - October 11, 2004 Page 1 of 13 RECOGNITION OF OUTGOING MEMBERS Commissioner Byerly recognized and presented plaques to the outgoing members present. Commissioner Jeff Wall was present to be recognized and he thanked the commission and staff for the past four years as serving on the commission. Commissioner Byerly also recognized the two outgoing members who were not present, Commissioner Earl Swift and Commissioner Bruce Kelly. SWEARING IN OF NEWLY APPOINTED MEMBERS Clayton Husband swore in the newly appointed members to the commission by having the new members repeat the Oath of Office. The new members include: Denis Duffy, Place 1; Jeff Byerly, Place 2; Thomas Bartkowski, Place 3 and John Blassingame, Place 4. ELECTION OF OFFICERS Commissioner Byerly moved to have the election of officers and the following were voted: Chairman - Commissioner Duffy made the motion to nominate Commissioner Jeff Byerly to remain the Chairman of the Commission. Commissioner Dolan seconded the motion. The motion was approved by the following vote: Aye: Duffy, Bartkowski, Blassingame, Edwards, Dolan and Byerly Nay: None Vice Chairman - Commissioner Dolan made the motion to nominate Commissioner Luann Edwards to remain the Vice Chairman of the Commission. Commissioner Duffy seconded the motion. The motion was approved by the following vote: Aye: Duffy, Bartkowski, Blassingame, Edwards, Dolan and Byerly Nay: None Recording Secretary - Commissioner Edwards made the motion to nominate Amy Shelley as the recording secretary for the Commission. Commissioner Duffy seconded the motion. The motion was approved by the following vote: Aye: Duffy, Bartkowski, Blassingame, Edwards, Dolan and Byerly Nay: None Planning & Zoning Commission Minutes - October 11, 2004 Page 2 of 13 CITIZEN COMMENTS None AGENDA ITEMS 1. Z-04-033 - PUBLIC HEARING - Amendment to the PUD-R conditions for Heritage Glen Addition, located in the 3200 block of Glade Road Clayton Husband presented the case to the Commission and reviewed the staff briefing. Commissioner Edwards questioned the request of a wooden privacy fence in addition to the wrought iron fence, yet the letters received indicate a change instead of wrought iron fencing, there would be wooden privacy fencing. Clayton Husband responded an addition to the wrought iron fence; the applicant may be able to answer the question better. Bruce Scasta, Development Manager for Mady Development Corporation, applicant- Stated the developers are asking to remove the existing wrought iron fence and replace with new wooden privacy fencing. Commissioner Edwards stated removing old fence and replacing would be better than having a double fence. Commissioner Edwards questioned if possible to do that request instead. Clayton Husband responded the ordinance does not say the wrought iron fencing has to stay; the language can be changed to better reflect the request. Commissioner Duffy questioned the Lots in request are 10, 11, 12 and 13? Clayton Husband responded Lots 12 and 13 are the ones affected. Chairman Byerly opened the public hearing at 7:24 P.M. There being no one wishing to speak, the public hearing was closed at 7:25 P.M. Commissioner Byerly questioned the current restrictions on the height of fence. Barry LeBaron stated height is not to exceed 8 feet. Developer could have less than 8 feet; ordinance will establish the height of the fence. Commissioner Byerly stated needs wants consistency with the fencing in the area. Mr. Scasta stated height would be 8 feet to block most of the parking lot. Commissioner Dolan stated the request 6 to 10 feet on metal fence seems to contradictory to the Ordinance. Clayton Husband stated there is no conflict in the sizing of fencing. Planning & Zoning Commission Minutes - October 11, 2004 Page 3 of 13 Commissioner Edwards made the motion to approve case Z-04-033 with the following language added to whereas section of ordinance 0-04-1488; In accordance with the original zoning request and in consideration of the desires of the property owner to the west of Heritage Glen addition. Commissioner Duffy seconded the motion. The motion was approved by the following vote: Aye: Duffy, Bartkowski, Blassingame, Edwards, Dolan and Byerly Nay: None 2. Z-04-034 - PUBLIC HEARING - Amendment to the PUD-R conditions for Tiffany Park Addition, located at 4300 Brown Trail Clayton Husband presented the case to the Commission and reviewed the staff briefing. Commissioner Blassingame recused himself from this public hearing. Commissioner Duffy questioned the distance between the house and street? Concerned the two-story home would create an obstruction on Brown Trail. To go from 30ft to 5ft is really stretching the distance, why the reason for wanting to change the set back distances from 30ft. to 5ft. He wanted to know if it was poor planning or what? Clayton Husband responded the distance between the curb and the house would be about 25ft. Commissioner Byerly asked the staff if the fire marshal was in agreement with the set back request of 10ft. Clayton Husband responded at the Development Review Committee meeting the fire marshal did not make any special notations in regards to this request. He also stated similar approved requests in other subdivisions. Gary Panno, 5500 Maple Lane is the applicant for this case and he stated the developer is requesting a relief on the building lines on Lots 1 and 4, Block 2 to be able to build a one story home with 2800 sq. feet. With the current building lines, a one story home can only be 2400 sq. feet. Developer wants to maximize the building space for these homes. Commissioner Edwards questioned the builder about the 50% lot coverage, does this cover the percentage. Mr. Panno replied with yes. Commissioner Byerly opened the public hearing at 7:36 P.M. There being no one wishing to speak, the public hearing was closed at 7:37 P.M. Planning & Zoning Commission Minutes - October 11, 2004 Page 4 of 13 Commissioner Edwards stated the current set backs for these subdivisions are already below the standards in the Ordinance. She also stated these change would make a subdivision that is already dense denser. Commissioner Byerly questioned staff about comparisons with set backs for other subdivisions. Clayton Husband responded side set backs are similar would have to research front set backs. Rosewood Villas, Emerald Park have 10ft. rear set backs. Commissioner Edwards stated the lot sizes are 7,200 to 8,000 sq. ft. The build able area would appear to be 3,600 sq. ft. Clayton Husband responded the Lot sizes in this subdivision range from 7,200 to 7,500 sq. ft. with Lot 10 being the largest at 9,700 sq ft. Commissioner Edwards questioned this be exterior vs. interior? It would appear these measurements of this lot; the builder would be able to put a 3,000 sq. ft house on it right now. Clayton Husband responded that it could be possible yet not having run the figures was not sure. Commissioner Edwards stated needing more explanation from the builder. Mr. Panno responded as planned the build able area would be 4,000 sq. feet and with the proposed change the build able area could be 4,680 sq. feet. Yet, that does not take into consideration of the driveway and swing garage. The current size does not allow for a 3,000 sq. ft. home to be built. Also, making the homes one story instead of two stories would help with the appearance of density. Commissioner Duffy stated the builder wants to put in a one story home as opposed to a two story home on Lots 1, Block 2. Builder responded correct. Commissioner Edwards stated the 5 ft. on the Brown Trail needs to be 10ft. because of the visibility of this home from the street. Clayton Husband responded Lot 4 had changed from 6ft. to 5ft. from the original plan. Commissioner Duffy questioned if the Lot 1, Block 2 Brown Trail side and Lot 2 and 4 of Block 2 are also listed Brown Trail side, need clarification. Clayton Husband responded the lot was listed as such because it is a three sided lot and to differentiate between the front, side or rear of the lot. Commissioner Byerly stated side set backs need to be consistent with Lots 1 and 4 on Brown Trail side to be somewhere between current 6ft. and 5ft. requested for Lot 4 and 30ft. to 5ft. on Lot 1. Commissioner Edwards stated since 6ft. is already on Lot 4, Lot 1 would need to be consistent. Commissioner Duffy concurred with the 6ft. allotment and no less. Planning & Zoning Commission Minutes - October 11, 2004 Page 5 of 13 Commissioner Edwards stated again not happy with the set back change however, knows that this will make a better product in the end. Commissioner Dolan made motion to approve case Z-04-034 consistent with the developer's request except as follows; six foot side building lines for Lots 1 and 4, Block 2. Commissioner Byerly seconded the motion. The motion was approved by the following vote: Aye: Duffy, Bartkowski, Edwards, Dolan and Byerly Nay: None Recused: Blassingame 3. Z-04-035 - PUBLIC HEARING - Zoning change from AG and R40 to PUD-R on 10.2 acres located at 909-1009 Lavaca Trail Clayton Husband presented the case to the Commission and reviewed the staff briefing. Commissioner Duffy stated needing to hear citizen's comments, then questions to staff and then questions to the developer. Also stated clarification on open spaces, drainage, retention and detention ponds but mostly water run-off and how these issues will be addressed. Still does not see any usable open space. Commissioner Byerly stated having the applicant to make statement then have public hearing. Delbert Stembridge to represent Reaves Royal Homes, North Richland Hills, stated staff briefed the Commission already, will not go in to great detail other than the center medians are used for detention ponds. The run off water will be directed to run through Emerald Park to the drainage easements. Commissioner Duffy stated open space is open space and is to be common, open space for leisure use by residents, detention ponds are not for leisure use. Mr. Stembridge stated they intend to abide by the ordinances. If do not have 20% open space, they are willing to make that change. Commissioner Duffy questioned about the street cuts. Mr. Stembridge stated the streets will be sufficient for the fire department use. Commissioner Duffy stated if street has 100 ft. radius, how much is concrete? Mr. Stembridge stated still have 31ft. street all the way around. Commissioner Byerly opened the public hearing at 8:05 P.M. Citizen's comments: Andrew Mittag, 901 W. Lavaca Trail - He stated the flow of water and his retention pond is a tenth of an acre, yet a single rain fall the pond spills over. Planning & Zoning Commission Minutes - October 11, 2004 Page 6 of 13 Talked with Colleyville, water comes across the street over Lavaca trail. Next, the water does flow through stand pipe onto the property, water also flows from east to west across next to house and next to arena and pushes down from neighbors and there is a lot of volume of water. Mr. Mittage states he wants the developer to think about how the water will flow from the west and to please consider all the neighbors involved. Mr. Mittage stated Commissioner Duffy talked about open space. Actual open space is only 4%, so as this proposal is considered, please think about the open space issues. As far as density, the master plan states we need to maintain the rural feel off of Precinct Line. Emerald Park is used as the denser property to use as transitional zone. The developer needs to bear in mind the set backs. We have horses and could have up to 15 horses and do not intend to move. The developer needs to put in a wall to protect his property for potential buyers not having to see horses. Simply a wooden privacy fence will not be enough to protect the horses; a masonry wall will need to be constructed. Please consider how these houses are going to be designed. Lourane Gore, 809 West Lavaca Trail, Mittag's neighbor. Mrs. Gore feels encroached upon with these subdivisions. There needs to be some sort of transitional barrier instead of little lots. Mrs. Gore states the water crosses over Lavaca Trail and can not imagine what this subdivision will cause as far as the flow of water. Mrs. Gore stated she would hate to loose the rural feel of her area. Marty Stadjuhar, 816 L.D. Lockett, resides 101 Williamsburg Ct. Mr. Stadjuhar stated he has a personal commitment to all neighbors. We need to keep the rural area. We use our horses for therapy for children and adults. Mr. Stadjuhar stated he is concerned with the approval of the density of the developer a precedent for other developers would occur and would change the nature of the area. You would be encouraged if you were to see the smile on a young lady's face just able to walk after having therapy with the horses. Mr. Stadjuhar stated the estate style of living is something to be desired. Stated he wants some sort of compromise. Jeff Zimmerman, 6403 Champion Way, - Drainage is a major issue. He stated the open spaces that are presented with this development are ponds. These are not usable open spaces. Mr. Zimmerman stated he purchased property to be able to retire to Colleyville. This is not a transitional subdivision because it will be sandwiched between two other subdivisions. Lisa Stadjuhar, 816 L.D. Lockett, resides at 101 Williamsburg Ct. owns land east of the proposed development, 10.4 acres of agricultural exempt land. We like horses and grow coastal hay to sell for agricultural related purposes and have handicap adults and children who get lessons. Mrs. Stadjuhar has multiple concerns about new development, drainage, and density. The drainage issue is the main concern and needs to be addressed. The quality of life with the rural area is great and wonderful. We want this property to be an estate lot. We all Planning & Zoning Commission Minutes - October 11, 2004 Page 7 of 13 enjoy the rural farming area that we all love and support one another. That density of housing that you put in next to a rural area will change the atmosphere of the new home owners expecting a bedroom community. The open space is nothing to consider what we have in our Monticello addition. This developer does not compare to the open space that needs to be reflected for Colleyville. The quality of life needs to be considered. There being no one wishing to speak, the public hearing was closed at 8:33 P.M. Commissioner Dolan questioned this particular area on the master plan is intended to be commercial. Barry LeBaron stated correct. Commissioner Edwards stated the master plan could change. Clayton Husband responded depending on the City Council's decision, it could change. Barry LeBaron responded with the master plan issues being a future commercial area. During process of evaluating a new master plan, the City Council decided to use the Commission's recommendations to consider revising the master plan. Commissioner Bartkowski questioned Mr. Mittag about the drainage issues causing problems with Mr. Mittag's property located up from the proposed development. Mr. Mittag stated there is a creek and his retention pond spills in to that creek, and the new development drainage will cause issues with his property. Commissioner Edwards stated that Emerald Park is the buffer, yet there are density issues. This particular development is too far east and is not what needs to be in this rural area. Commissioner Byerly stated the master plan shows commercial and office. Developer needs to compromise with the surrounding neighbors with the drainage issues, open space issues and frontage of Lavaca Trail and the characteristics of the area. He also stated the open space needs to be a usable space, possibly use open space that would open up to Lavaca Trail. Commissioner Duffy questioned about 5 acre lots being currently occupied. Clayton Husband responded lots are currently occupied. Commissioner Edwards stated this development is between two multiple acreage properties. Stated she has drainage issues and the fire marshal will not approve this entrance because it does not meet the guidelines PUD requires. The open space is not met for the PUD requirements. Commissioner Dolan concurred with Commissioner Edwards and stated that losing the identity of Colleyville's quality of life is not the route to take. The density factors are being pushed with the long term citizens who have been here Planning & Zoning Commission Minutes - October 11, 2004 Page 8 of 13 for years. It is worth preserving the rural area. Commissioner Byerly made motion to table case Z-04-035 until the developer gets with the residents and addresses the issues of drainage, masonry wall, and usable open space. In addition, guidance from the master plan after the outcome from the next City Council's meeting. Commissioner Duffy seconded the motion. The motion was approved by the following vote: Aye: Duffy, Bartkowski, Blassingame and Byerly Nay: Edwards, Dolan 4. Z-04-031 - TABLED ITEM - Zoning change from AG and CC1 to PUD-C on 1.28 acres located at the 6400 block of Colleyville Boulevard Commissioner Byerly made motion to move this item from tabled. Commissioner Edwards seconded the motion. The motion was approved by the following vote: Aye: Duffy, Bartkowski, Blassingame, Edwards, Dolan and Byerly Nay: None Clayton Husband presented the case to the Commission and reviewed the staff briefing. Howard Lawson owner of Additional Self Storage was present to answer any questions by the Commission as well as Terry Griswald, Area Manager of Additional Self Storage. Commissioner Byerly stated the staff recommended the proposal however the 30ft. wide strip to be limited to signage and driveway. Barry LeBaron responded the concerns with the strip needing only to use for signage and driveway. Commissioner Edwards questioned if property owners had been briefed or notified. Barry LeBaron stated the engineers concurred with the use. Commissioner Duffy stated issues with curb cuts with adjacent properties. Stated the first commercial lot would be land locked to Sanders if no cross access easement where provided. Clayton Husband responded the new platting would require cross access easements to adjacent properties. Commissioner Duffy questioned to be sure a 30ft. surveyor's drawing is provided because of concerns with the 12ft. fire lane. Commissioner Duffy also questioned if staff recommended signage in open area. Barry LeBaron responded correct, however if anything else went in the 30ft. driveway, it would possibly have a negative effect on the adjacent properties. Planning & Zoning Commission Minutes - October 11, 2004 Page 9 of 13 Jackey Fluitt with GSWW 3950 Fossil Creek Blvd, Fort Worth, TX presented the case to the Commission stating the owner would like to put a sign and office near SH 26, using the PUD-C zoning to be able to rent more trucks in addition to accommodating cross access easements from Hwy 26 to generate more sales. Commissioner Duffy then questioned about the rental trucks being parked in the front of the facility where the customer parking would be located. Mr. Fluitt along with Terry Griswald stated those parking spaces would be used for customer parking only. Commissioner Duffy stated to be sure to mark for customer parking only. Mr. Fluitt stated the property owner would designate those spaces. Commissioner Duffy questioned having a letter from fire department stating the 12ft. lane was acceptable. Clayton Husband responded during the Development Review Committee meeting, the fire marshal was not opposed to the arrangement because the fire lane could be added to the adjacent property as well once it is added. Commissioner Edwards questioned staff as to whether or not more time was needed to get with the property owner to discuss the proposed changes. Barry LeBaron responded the concerns were discussed and the recommendations were made. Commissioner Edwards questioned the recommendations are to have a monument sign and nothing else. Barry LeBaron responded, correct. Commissioner Bartkowski questioned Mr. Fluitt about the passing of two rental trucks at the same time on the 12 ft. wide strip. Mr. Fluitt responded would not be an issue because of the other open spaces in the back. Commissioner Bartkowski questioned if the other spaces were occupied how would you address the issue? Mr. Fluitt responded he would have to refer that to Mr. Lawson. Mr. Griswald responded the traffic flow would not be an issue. Commissioner Bartkowski questioned connecting the two properties for two entry and exits. Commissioner Duffy questioned the 30 ft. strip being wide enough for the fire department to use without knowing what other properties would be included. Clayton Husband responded with TxDot criteria for future use. Commissioner Edwards questioned the Commission just needing to look at the zoning of this property tonight not how it will be laid out for the future. Barry LeBaron responded what you are seeing is what they will be allowed to use for future planning. Commissioner Edwards stated needing clarification as to the proposed language for the ordinance. Barry LeBaron site plan would have to be modified. Commissioner Edwards stated as long as the cross access is available, the owner should be able to put an office in the space. Commissioner Duffy questioned the Uhaul storage being fenced, trucks will not be seen from street and landscaping would be used as well. Mr. Griswald stated, correct and the Uhaul trucks will be put to the back of the property. Planning & Zoning Commission Minutes - October 11, 2004 Page 10 of 13 Commissioner Byerly stated the building would be used for selling of supplies and so forth. Mr. Griswald replied, correct. Commissioner Dolan questioned the owner if there are any other intentions for other business to be conducted on this property or would there be restrictive zoning for specific use. For example, trailer hitches to be installed. Mr. Griswald replied not at this time will hitches be installed. Commissioner Dolan questioned whether or not this new type of business would require a special use permit and would it be permitted? Barry LeBaron responded all of the special uses would be specified in the ordinance. Mr. Griswald also responded that trailer hitch installation is something that Uhaul does do and it may be something done at this facility in the future. Commissioner Bartkowski questioned the owner about the preliminary site plan showing a two story office building with storage attached. Mr. Griswald responded the office building will be a two story and the storage attached is simply for models. Commissioner Bartkowski stated there would be no parking and unloading of items at these storage units. Mr. Griswald replied correct, no unloading. Commissioner Duffy questioned Mr. Griswald if the office building on the Industrial street side would be abandoned. Mr. Griswald replied the office space would be for office storage only. Possibly have someone lease that office space. Commissioner Byerly made motion to let other neighbors talk in regards to this matter. Lyn Burell, 5401 Chelsea. He commented the area did not need to be rezoned for the 30ft. strip. It has been zoned like this for a while and has worked. Mr. Burell does not see it to be viable to have a building in the 30ft. strip that will hinder the entrance and exit of the facility. Commissioner Edwards wanted to know where in the Land Development Code was the cross access covered. Clayton Husband responded in Chapter 9, yet not specifically addressed in the PUD you have. Commissioner Edwards noted under #3, conceptual site plans a; and under #5, general development bare contradictive of each other. Clayton Husband replied those changes were made after the last meeting and if the proposed case goes through as the developer wishes, then the language would be corrected and modified to reflect the requirements. Commissioner Edwards questioned whether or not the cross access easements appear on the plat? Clayton Husband responded, no staff will work with the applicant and suggest best location for the cross access easements and where it could be platted on the drawing. Commissioner Edwards made motion to approve case Z-04-031 with the applicant's original exhibit but to include cross access easement to make Planning & Zoning Commission Minutes - October 11, 2004 Page 11 of 13 accessible for future development. Motion died for lack of second. Commissioner Byerly made motion to approve case Z-04-031 with staff recommendation of the thirty (30)-foot wide portion of the property shall be used only for driveway access and monument sign locations. This area shall not be used for parking, storage, or the construction of buildings. Commissioner Byerly stated to his understanding the cross access easements do not need to be noted because the platting would fall under the Land Development Code. Commissioner Blassingame seconded the motion. Commissioner Edwards questioned if motion excludes the previous design because that language is in the ordinance. Clayton Husband said ordinance would be modified to reflect changes made by Commission. Commissioner Duffy questioned if this case is recommended by Commission based upon the recommendations by staff on the signage and 30ft. driveway, then it will go to Council and applicant can go to council and request the original request. Barry responded correct. Commissioner Duffy stated would like to hear what the applicant has to say. Mr. Lawson stated he would like to be convinced by the Commission why his original request is not being accepted. He stated the building is needed in order to initiate a transaction. He stated a sign would not be adequate enough. Commissioner Duffy questioned length of drive. Clayton responded 300 feet. Barry LeBaron stated the driveway is too long and the driveway appears to be access to the back property. Commissioner Duffy responded the office building should be moved down at the end of the corridor not at the beginning. Barry LeBaron recommended Commission to deny this case if the developer can not live with this zoning. The denial would then force applicant to go before council with his proposal. Commissioner Byerly questioned city attorney, Mr. Foster what vote from council would be needed and Mr. Foster responded a simple majority. Commissioner Byerly stated if Commission did not approve the case, then applicant would need a super majority. Mr. Foster responded, correct. Commissioner Edwards stated the property owner is simply trying to expand his business and we should encourage him to do so. Commissioner Byerly then proceeded with role call for the motion on the floor. The motion was approved by the following vote: Aye: Duffy, Blassingame, Dolan and Byerly Nay: Bartkowski, Edwards Planning & Zoning Commission Minutes - October 11, 2004 Page 12 of 13 STAFF REPORTS Barry LeBaron welcomed new Commissioners and a training session for Monday, October 18, 2004 at 6:30 was announced for the new Planning and Zoning Commission members. All other members are welcome to attend as well. Amy Shelley was introduced to all members as the new Planning and Zoning Assistant. COMMISSIONER COMMENTS Commissioner Byerly suggested getting a seating order to break up the new members. Commissioner Byerly questioned about the meals for the P&Z meetings. Barry LeBaron stated no money is budgeted for the meals. ADJOURNMENT The Commission adjourned the meeting at 9:33 p.m. by acclamation. Respectfully Submitted, Amy Selley Planning and Zoning Assistant Approved on: November 8, 2004 Planning & Zoning Commission Minutes - October 11, 2004 Page 13 of 13