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HomeMy WebLinkAboutPlanning and Zoning Commission-Minutes-8/10/2015 City of Colleyville Page 1 City of Colleyville Planning and Zoning Commission Minutes City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com Monday, August 10, 2015 City Council Chambers CALL MEETING TO ORDER The Planning and Zoning Commission meeting of the City of Colleyville was called to order by Chairman Byerly on August 10, 2015 at 7:08 p.m. Roll Call Present: Commissioners Larry Knox, Carel Tornes, David Wheelwright, Jim Gotcher, Don Davis, David Phelps, and Jeff Byerly Staff Present: Abra Nusser, Jeremy Hutt, Rob McKeown, Brian Riley, Taci Wrisley, 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 corrected carried by the following vote: Aye: 7 – Knox, Tornes, Wheelwright, Gotcher, Davis, Phelps, and Byerly 2. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA There were no citizen comments/presentations regarding items not on the agenda as a public hearing item. 3. PUBLIC HEARING AGENDA ITEMS 3a Consideration of a replat on Lots 23A & 23D, Block 1, of the Westcoat Place Addition, located at 5805 Bettinger Drive, Case PC15-016 Abra Nusser presented the case and briefed the Commission. The public hearing was opened at 7:13 p.m. Sam Noel, the applicant and property owner, came forward to answer any questions. Planning and Zoning Commission Minutes August 10, 2015 City of Colleyville Page 2 There being no one else wishing to speak, the public hearing was closed at 7:14 p.m. Commissioner Tornes made a motion to approve Case PC15- 016. Commissioner Gotcher seconded. The motion to approve Case PC15-016 was carried by the following vote: Aye: 7 – Knox, Tornes, Wheelwright, Gotcher, Davis, Phelps, and Byerly 3b Consideration of a zoning change from the R40-Single Family Residential to the PUDR-Planned Unit Development Residential zoning district Lot 4, Block 1, of the Lavaca Trail Addition, located at 1013 Lavaca Trail, Case ZC15-012 Abra Nusser presented the case and briefed the Commission. Commissioner Tornes questioned staff regarding whether the south west portion of the development was in the flood plain. Jeremy Hutt replied yes. He further explained the applicant would be supplying a Letter of Map Revision and would be required to meet the city’s requirements for building in a flood plain. Chairman Byerly questioned staff regarding the city’s requirements for drainage flowing onto the neighbor’s property. Jeremy Hutt replied the city would ensure the properties upstream and downstream were not negatively affected by drainage. Commissioner Phelps questioned staff regarding the city’s requirements for open space lots or streets in the flood plain. Jeremy Hutt replied there are no requirements for either. Commissioner Davis questioned staff regarding whether emergency and fire apparatus would have enough clearance for maneuvering through this development. Rob McKeown replied yes. He further explained the proposed cul-de-sac meets the Land Development Code requirements. Commissioner Tornes questioned staff regarding whether fire suppression system would be required for this development. Rob McKeown replied yes. He further explained due to the uncertainty of when the second point of access would be accessible, this development is considered to only have one point of access. Planning and Zoning Commission Minutes August 10, 2015 City of Colleyville Page 3 Commissioner Phelps questioned staff regarding the median at the entrance to the development and whether it met the Land Development Code requirements. Rob McKeown replied to his knowledge the proposed median met the Land Development Code requirements. Discussion continued regarding the entrance median. Chairman Byerly questioned staff regarding why the proposed open space was being considered as open space versus a median. Abra Nusser replied the proposed open space was determined to be useable green space. Discussion continued regarding the proposed open space. The public hearing was opened at 7:30 p.m. Konstantine Bakintas, on behalf of the developer, and John Fegan, the developer, came forward to brief the Commission. Commissioner Davis questioned Mr. Bakintas regarding the size of the cul-de-sac turnaround. Mr. Bakintas replied the cul-de-sac is an eighty foot turnaround and is consistent with the Land Development Code. Commissioner Davis questioned Mr. Bakintas regarding what the feature was at the entrance to the development. Mr. Bakintas replied the entrance to the development has a stamped concrete feature that will not be an obstruction for ingress or egress. Chairman Byerly questioned Mr. Bakintas and Mr. Fegan regarding if other options for the open space. Mr. Fegan replied he has developed other subdivisions with the same type of open space and the concept has worked out. Commissioner Tornes questioned Mr. Bakintas regarding whether there was a sidewalk proposed for the open space area. Mr. Bakintas replied there is no sidewalk proposed for the open space area. Commissioner Wheelwright questioned Mr. Bakintas regarding the drainage. Mr. Bakintas replied drainage for the development will be conveyed through a low grade drainage system and will tie into an existing drainage system that flows into an existing drainage channel. Commissioner Tornes questioned Mr. Bakintas and Mr. Fegan Planning and Zoning Commission Minutes August 10, 2015 City of Colleyville Page 4 regarding the lot coverage. Mr. Bakintas replied they have not done a calculation on lot coverage but the structures would potentially cover approximately fifty or sixty percent of the lot. Elizabeth Warrick, 6104 Emmas Court, came forward and spoke in opposition. Lynette Stanley, 1101 Lavaca Trail, came forward and spoke in opposition. Joel Stanley, 1609 Douglas Avenue, came forward and spoke in opposition. Callie Stanley, 1609 Douglas Avenue came forward and spoke in opposition. The following people did not wish to speak: David Warrick, 6104 Emmas Court, opposition Jason Stanley, 909 Chateau Court, opposition Renee Baptiste, 1928 Shadowood Trail, opposition Abran Stanley, 1928 Shadowood Trail, opposition There being no one else wishing to speak, the public hearing was closed at 7:50 p.m. Mr. Bakintas and Mr. Fegan came forward to address comments and concerns. Commissioner Davis questioned Mr. Bakintas and Mr. Fegan regarding whether they would be open to not placing rear facing windows on the second stories. Mr. Bakintas replied he did not see that as a fair option. Mr. Fegan added if the Commission wanted to add no rear- facing windows on the second story as a condition, they would accept the condition. The public hearing was reopened at 7:59 p.m. Cory Jaetzodd, 6204 Emmas Court, came forward and spoke in opposition. Bryan Riffe, 6208 Emmas Court, came forward and spoke in opposition. There being no one else wishing to speak, the public hearing was Planning and Zoning Commission Minutes August 10, 2015 City of Colleyville Page 5 closed at 8:02 p.m. Mr. Bakintas and Mr. Fegan came forward to address comments and concerns. Commissioner Tornes made the suggestion to Mr. Bakintas and Mr. Fegan regarding the possibility of adding more trees to the backyard of the proposed residential lots. Commissioner Tornes questioned Mr. Bakintas and Mr. Fegan regarding the fence material of the shared fence. Mr. Fegan replied the existing fence is wood material. Commissioner Tornes questioned Mr. Fegan regarding whether he had considered larger lots. Mr. Fegan replied he reached out to the adjacent property owner but they were not willing to sell at this time. He further added with the shape of the lot, larger lots would not work. Discussion continued regarding lot sizes. Commissioner Knox questioned Mr. Bakintas regarding how drainage would flow from the proposed lots. Mr. Bakintas replied the lots would drain to the east and then to the south, where drainage would then flow into Meadows Creek. Discussion continued regarding drainage on the proposed development and surrounding properties. Commissioner Phelps questioned Mr. Bakintas and Mr. Fegan regarding the public access easement and would it be landscaped until the adjacent property develops or would it be paved. Mr. Bakintas replied the access easement was added at the request of staff in order to secure access for future development. Discussion continued regarding future development and the relocation on the public access easement, if needed. Commissioner Phelps questioned staff regarding the reasoning behind the public access easement. Jeremy Hutt replied the purpose of asking the developer to add the public access easement was to secure access for any future developments. He further explained this is common practice. Commissioner Tornes questioned staff regarding whether staff was comfortable with the proposed drainage plan. Jeremy Hutt replied Planning and Zoning Commission Minutes August 10, 2015 City of Colleyville Page 6 yes, based on what staff has reviewed. Commissioner Tornes stated he would like to see trees added to the backyards, no rear-facing second story windows, or a combination of both. Chairman Byerly questioned staff regarding the rear yard setbacks for the R20-Single Family Residential zoning district versus the proposed fifteen feet. Taci Wrisley replied the rear yard setbacks for the R20- Single Family Residential zoning district is twenty five feet. Discussion occurred amongst the Commission regarding possible conditions. Commissioner Davis made a motion to approve Case ZC15- 012. Commissioner Wheelwright seconded. Commissioner Tornes stated he would like to see that a condition to add more trees to the backyards be added. Commissioner Gotcher stated he would like to see more space between the homes added with regards to the setbacks. Chairman Byerly questioned Mr. Fegan regarding whether he would accept the conditions to add additional trees to the backyards and have no rear-facing second story windows. Mr. Fegan replied yes. Discussion occurred regarding adding a condition to require a twenty foot rear yard setback for Lot 3 – Lot 14. Commissioner Gotcher made a friendly amendment to require two – three inch caliper trees to the rear yard of each lot and require a twenty foot rear yard setback on Lot 3 – Lot 14. Commissioners Davis and Wheelwright both accepted the amendment. Commissioner Phelps stated he would have liked to have seen lower density for this development. Mr. Bakintas replied they had already reduced the development by one lot at the recommendation of staff. The motion to approve Case ZC15-012 with the following conditions: 1) two – three inch caliper trees to the rear yard of each lot and 2) twenty foot rear yard setback on Lot 3 – Lot 14 carried by the following vote: Planning and Zoning Commission Minutes August 10, 2015 City of Colleyville Page 7 Aye: 7 – Knox, Tornes, Wheelwright, Gotcher, Davis, Phelps, and Byerly 3c Consideration of a zoning change from the AG-Agricultural zoning district to the PUDR-Planned Unit Development Residential zoning district on 2.60 acres of Abstract 1034 of the GW Minter Survey, located at 5017, 5113, & 5201 Roberts Road, Case ZC15-011 Abra Nusser presented the case and briefed the Commission. The public hearing was opened at 8:34 p.m. Steve Isbell, the applicant, came forward and briefed the Commission. Commissioner Davis questioned Mr. Isbell regarding whether he was frustrated with the Commission. Mr. Isbell replied he was frustrated with staff and the reasons for the recommendation of denial. Mr. Davis questioned Mr. Isbell regarding whether he had submitted the additional layout with staff. Mr. Isbell replied no, he showed it to them but did not officially submit it. Commissioner Tornes questioned Mr. Isbell regarding whether he had considered shared driveways. Mr. Isbell replied yes. He further explained staff was not in favor of the shared driveway proposal. Discussion continued regarding additional layout options. Commissioner Tornes questioned Mr. Isbell regarding what the proposed lot coverage would be. Mr. Isbell replied roughly sixty eight point five percent. Gary Lecocq, 5113 Roberts Road, came forward and spoke in support. There being no one else wishing to speak, the public hearing was closed at 9:04 p.m. Mr. Isbell came forward to answer additional questions. Commissioner Wheelwright questioned Mr. Isbell regarding what the buffer between the slip street and Roberts Road would look like. Mr. Isbell replied he planned on planting some trees, shrubs, and some ground cover. Discussion continued regarding the buffer between the slip street and Planning and Zoning Commission Minutes August 10, 2015 City of Colleyville Page 8 Roberts Road. Commissioner Phelps questioned staff regarding where the middle ground was for good planning and use guidelines. Abra Nusser replied staff’s recommendation was based strictly on the development proposed. She further explained staff has struggled with getting the appropriate documentation from the applicant. Discussion continued regarding the proposed development. Chairman Byerly questioned staff regarding the previous zoning case for these subject properties. Abra Nusser replied the previous zoning case was denied by the Planning and Zoning Commission and was appealed to the City Council but was withdrawn prior to the second reading and public hearing. Commissioner Phelps questioned staff regarding the direction given to this development and the previously proposed development. Jeremy Hutt replied some direction was given based on the discussions with the previous developer and the City Council. Discussion continued regarding the direction given to the proposed development. Commissioner Gotcher stated he felt Mr. Isbell did a great job on designing the proposed development. Commissioner Phelps stated he did not have an issue with the density, his issue is with the slip street. Discussion occurred between the Commission and Mr. Isbell regarding layout options for the proposed development. Discussion occurred between the Commission and Staff regarding the previous zoning case and the proposed zoning case. Commissioner Wheelwright questioned Mr. Isbell regarding what was presented to City Council with the previous zoning case. Mr. Isbell replied twelve lots and twelve driveways were presented but was withdrawn prior to City Council making a decision. Discussion occurred between the Commission and Mr. Isbell regarding layout options for the proposed development. Commissioner Knox made a motion to approve Case ZC15-011. Planning and Zoning Commission Minutes August 10, 2015 City of Colleyville Page 9 Commissioner Gotcher seconded. Commissioner Wheelwright stated he felt like the Commission was bouncing back and forth with their decision with regards to the number of driveways and the slip street. Mr. Isbell stated he believed if the motion was not approved to pass, someone else would have to make a motion to deny. Chairman Byerly concurred. Chairman Byerly added they would have to have five ayes in order pass the vote. Commissioner Tornes questioned staff regarding which development was safest, the slip street or driveways onto Roberts Road. Rob McKeown replied he did not know which layout proved to be safest. He further replied they would not drive emergency or fire apparatus onto the slip street. The motion to approve Case ZC15-011 carried by the following vote: Aye: 5 – Knox, Tornes, Wheelwright, Gotcher, and Davis Nay: 2 - Phelps, and Byerly 4. CONTINUED PUBLIC HEARING AGENDA ITEMS 4a Consideration of a zoning change from the PUDC-Planned Unit Development Commercial zoning district to the PUDC - Planned Unit Development Commercial District and PUDR-Planned Unit Development Residential District, on approximately 15.17 acres on Abstract 1182 of the WC Newton Survey and Abstract 356 of the Isaac Caradine Survey, located at 8000 & 8050 Precinct Line Road, Case ZC15-013 (REQUEST TO BE CONTINUED) Abra Nusser briefed the Commission. Commissioner Tornes made a motion to continue Case ZC15- 013 to a date uncertain. Commissioner Knox seconded. The motion to continue Case ZC15-013 to a date uncertain carried by the following vote: Aye: 7 – Knox, Tornes, Wheelwright, Gotcher, Davis, Phelps, and Byerly 5. ADJOURNMENT Planning and Zoning Commission Minutes August 10, 2015 City of Colleyville Page 10 The meeting adjourned at 9:47 p.m. The minutes were written and prepared by: Taci Wrisley Planning and Zoning Assistant The meeting minutes were approved on September 14, 2015 by a vote of 5-0.