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HomeMy WebLinkAboutPlanning and Zoning Commission-Minutes-8/28/2006 (2) City of Colleyville Minutes - Final Planning and Zoning Commission 100 Main Street Colleyville, Texas 76034 (817) 503-1000 www.colleyville.com Monday, September 11, 2006 7:00 PM City Council Chambers 6:15 P.M. - PRE-COMMISSION WORKSHOP EXECUTIVE CONFERENCE ROOM THIRD FLOOR LEGAL BRIEFING BY CITY ATTORNEY REGARDING PLANNING, ZONING, PLATTING, AND LAND USE REVIEW OF REGULAR AGENDA ITEMS REGULAR MEETING 7:00 P.M. 1. CALL TO ORDER The Planning and Zoning Commission meeting of the City of Colleyville was called to order by Chairman Byerly on September 11, 2006, at 7:05 p.m. 2. ROLL CALL Present: Commissioners Robert McCormick, Dave Dudziak, Thomas Bartkowski, Mary Taylor, John Blassingame and Jeff Byerly Absent: Commissioner Duffy 3. INVOCATION The invocation was given by Commissioner Bartkowski. 4. PLEDGE OF ALLEGIANCE 5. APPROVAL OF MINUTES Commissioner Byerly made a correction on item 7b, page 4 and stated the motion was to re-open and continue the case at the September 11, meeting. Commissioner Dudziak stated the comments section needs to reflect that as a board, we need to pay closer attention to our decisions and how they affect our streets. Page 1 Printed on 9/26/2006 City of CoUeyville Planning and Zoning Commission Minutes - Final September 11, 2006 Commissioner Dudziak moved to approve the August 28, 2006 meeting minutes with the corrections. Commissioner Bartkowski seconded. The motion carried by the following vote: Aye: 6 - McCormick, Dudziak, Bartkowski, Taylor, Blassingame, Byerly Absent: 1 - Duffy 6. CITIZEN COMMENTS REGARDING ITEMS NOT ON THE AGENDA Greg Winslow, Colleyvil/e citizen, spoke in regards to the Commissioners keeping the R40 zoning in Colleyvil/e. He discussed drawings in regards to Covenant Christian Academy. 7. REGULAR AGENDA ITEMS 7a Case P-06-044 - Final Plat of Lot 8, Block 1 of the Heritage Office Pare Addition on 2.32 acres located at 5209 Heritage Avenue Commissioner Byerly recused himself from this agenda item. Commissioner Bartkowski nominated Commissioner Dudziak to Chair the meeting. Commissioner Taylor seconded. Approved by acclamation. Chris Fuller presented the case and briefed the Commissioners. Commissioner Blassingame moved to approve case P-06-044. Commissioner Taylor seconded. The motion carried by the following vote: Aye: 5 - McCormick, Dudziak, Bartkowski, Taylor, Blassingame Absent: 1 - Duffy Abstain: 1 - Byerly 8. PUBLIC HEARING AGENDA ITEMS 7b Case P-06-045 - Final Plat of Lots 1-4, Block B of the Heritage High School Addition on 2.13 acres located at 5108 and 5140 SH121 Chris Fuller presented the case and briefed the Commissioners. Commissioner Bartkowski moved to approve case P-06-045. Commissioner Blassingame seconded. The motion carried by the following vote: Aye: 6 - McCormick, Dudziak, Bartkowski, Taylor, Blassingame, Byerly Absent: 1 - Duffy 8a Case Z-06-016 - PUBLIC HEARING - Request for a zoning change from AG-Agricultural and R40-Single Family Residential to R20-Single Family Residential on 20.15 acres on Lots 2 and 3, Block 1 of the Lavaca Trail Addition and Lot 1, Block 1 of the w.e. Newton Addition City of Colleyville Page 2 Printed on 9/26/2006 Planning and Zoning Commission Minutes - Final September 11, 2006 Commissioner Byerly opened the public hearing at 7: 18. John Myers, 504 Lavaca Trail, corner of Lavaca Trail and Remington Park, spoke in opposition to the density of the development with regards to traffic safety and the esthetics. Judy Ruggere, 1013 W. Lavaca Trail, spoke in favor of the rezoning request. Jeffery Zimmerman, 501 Lavaca Trail, stated not being opposed to development, however, wants the right kind of development. He stated having issues with the density and traffic. There being no one wishing to speak, the public hearing was closed at 7:30 p.m. Commissioner Dudziak stated having concerns for the traffic on Lavaca Trail. Commissioner Dudziak questioned staff regarding if Lavaca Trail can handle this capacity of traffic now and if the traffic were to increase? He questioned the Fire Marshal, as well, if the fire trucks have issues getting around the traffic. Fire Marshal McKeown stated there is an issue on Lavaca Trail for yielding to the right of traffic. Commissioner Dudziak questioned Fire Marshal McKeown regarding which fire station responds to this area and what is the response time? Fire Marshal McKeown replied Station 3 services this area and the response time is around a couple of minutes. Depending on the condition of traffic, the fire department goes through Remington Park to get a quicker response time. Commissioner Dudziak questioned staff if a traffic study has been conducted on Lavaca Trail? Barry LeBaron replied no. Commissioner Taylor stated Lavaca Trail is not a safe street. She stated something needs to be done on Lavaca Trail. Barry LeBaron stated the developers will pay for their portion of the unimproved street. Commissioner Taylor stated needing a traffic study done on Lavaca Trail before any more development is approved. Commissioner Dudziak stated the Commission looked at the Capital Improvement study earlier this year and Lavaca Trail is not in the report to be improved. Commissioner Byerly stated this development is cul-de-sacked at both ends to avoid the cut through traffic. He stated it would not be fair to this developer to have a traffic study completed. Commissioner Taylor stated the Commissioners did not take this amount of traffic into consideration when looking at this development. Commissioner Blassingame stated finding it difficult to approve or not approve a development, when the city has to guess at when the street would be improved for potential development. He stated the neighbors would not want the city to develop a road, if there is not going to be any development. He stated the developments have to come first before the streets can be improved. Commissioner Taylor concurred, however, there has to be money to pay for the improvements. City of CoJleyville Page 3 Printed on 9/26/2006 Planning and Zoning Commission Minutes - Final September 11, 2006 Commissioner Byerly moved to approve case Z-06-016. Commissioner McCormick seconded. The motion carried by the following vote: Aye: 4 - McCormick, Bartkowski, Blassingame, Byerly Nay: 2 - Dudziak, Taylor Absent: 1 - Duffy 8b Approval of a Zoning Change from AG-Agricultural and CN-Neighborhood Commercial to PUDR-Planned Unit Development Residential on 3.87 acres of the G. Minter Survey and 1.79 acres of the Habra Addition located at 3798 to 3804 Glade Road, Case Z-06-020 Commissioner Byerly recused himself from this agenda item. Chris Fuller presented the case and briefed the Commissioners. Dave Hannah, the applicant, presented the case and briefed the Commissioners. Commissioner Dudziak questioned Mr. Hannah if he has considered any commercial use for this property? Mr. Hannah replied there are uses in the Neighborhood Commercial zoning that could be placed in this area, however, the residents in this area want residential, not commercial. Commissioner Taylor questioned Mr. Hannah if a pool in this development could be considered? Mr. Hannah replied it could be considered in the large open area. Commissioner Blassingame commended Mr. Hannah for sticking with this project and listening to the community. Commissioner Dudziak opened the public hearing at 7:57 p.m. Bruce Miller, 3609 Wexford Court, Secretary of the Prestwick Park Homeowners Association, stated being in favor of the rezoning request. Ron Rickman, 3604 Cotswood, stated being in favor of the rezoning request. Gary Lecoq, 5113 Roberts Road, stated being in favor of the rezoning request and stated this is what the neighborhood needs. Ken Sauer, 5017 Roberts Road, state being in favor of the rezoning request and stated this is the best use for this property. Ben Goodrum, 3800 Glade Road, stated being in favor of the rezoning request. Greg Puklicz, 5105 Auburndale A venue, stated being in favor of the rezoning request. He stated Mr. Hannah is a quality developer for this area. There being no one wishing to speak, the public hearing was closed at 8:10 p.m. Commissioner Blassingame questioned if the green space is in compliance with the code? Barry LeBaron replied according to the plan submitted, the open space is fairly close, but until we have the construction plans in place, it is hard to gauge what the percentages would be. According to this plan, he has 25 percent. Commissioner Blassingame stated being comfortable with the staff findings. City of CoUeyville Page 4 Printed on 9/26/2006 Planning and Zoning Commission Minutes - Final September 11, 2006 Commissioner Dudziak stated there could be no more than 25 percent of open space in a retention/detention area, this project contains 48 percent within areas three and four, close to the entry. Also, this Commission has worked with developers to get as much contiguous open space as possible. The features have been chopped up before and the residents can not use those open spaces. He stated the parking spaces are not usable open spaces. Commissioner Blassingame questioned Mr. Hannah regarding if he will comply with the rules about the open space and water or will a waiver be requested? Mr. Hannah explained which detention areas would hold water. He stated the mature market will not be using the open space for ball games. Mostly the open spaces are used for buffering and beauty. He stated there will be a 10 foot trail outside the wall. Commissioner Blassingame questioned Mr. Hannah regarding if the wall outside of the detention area will be a solid wall? Mr. Hannah replied it will have articulation in the design, but the majority will be masonry. Commissioner Taylor stated this is a very practical layout, having the extra parking spaces. Commissioner Bartkowski stated not being in favor of gated communities. He questioned Mr. Hannah if he has considered having gates for vehicular traffic but placing pedestrian gates throughout the neighborhood? Mr. Hannah stated not having a problem with that, the Riverwalk has those types of gates. Commissioner Bartkowski stated being in favor of the layout of the development. Commissioner Dudziak questioned Commissioner Taylor regarding who is buying this type of home? Commissioner Taylor replied empty nesters or singles. Commissioner Dudziak questioned staff regarding when will Glade Road be widened? Barry LeBaron replied the project has been bid, and most of the funds are coming from TXDOT, and will probably start between 60 and 90 days. Commissioner Blassingame moved to approve case Z-06-020. Commissioner Taylor seconded. Commissioner Dudziak questioned Commissioner Blassingame if the open space waiver is being approved as well? Commissioner Blassingame replied it not being necessary. Barry LeBaron stated the percentages would be verified before the preliminary plat is brought to the Commission. The motion carried by the following vote: Aye: 4 - McCormick, Bartkowski, Taylor, Blassingame Nay: 1 - Dudziak Absent: 1 - Duffy Abstain: 1 - Byerly 8e Case Z-06-022 - PUBLIC HEARING - Request for a zoning change from AG-Agricultural to R20- Single Family Residential on .97 acres out of the S. Cotrail Survey located at 2406 Glade Road Chris Fuller presented the case and briefed the Commissioners. Commissioner Byerly questioned staff if the differences between building on a R40 lot and an AG lot is the set back requirements? Chris Fuller replied correct, the front yard City of CoUeyvilJe Page 5 Printed on 9/26/2006 Planning and Zoning Commission Minutes - Final September 11, 2006 set back is the same for R40 and AG, 40 feet. The side yard is 15 feet for R40 and 25 feet for AG. The rear is 25 feet for R40 and 40 feet for AG. Commissioner Byerly opened the public hearing at 8:22 p.m. Scott Ford, 1629 Willowbend, Keller, the applicant, stated requesting the R20 zoning because of the narrow width of the lot. He stated wanting to build a single home on this lot. The R20 side set back would work better for this narrow lot. There being no one wishing to speak, the public hearing was closed at 8:24 p.rn. Commissioner Byerly questioned Mr. Ford if he wants to build one house on this lot and if the side set back requirement is all that is holding him back? Mr. Ford replied correct, staff suggested to do this. Commissioner Taylor stated she would be willing to grant the waiver of the set back requirements as the AG zoning instead of rezoning the lot to R20. Commissioner Byerly concurred and suggested the applicant go before the Zoning Board of Adjustments and request a waiver on the set back requirements. Commissioner Byerly questioned staff if the applicant could get the waiver through the platting process? Chris Fuller replied the set back requirements could be waived or reduced if the plat were to come forth in the AG zoning district and it would still be zoned AG. Commissioner Byerly moved to deny case Z-06-022 with a note that the Commission could consider a plat under the AG zoning district as a single family lot. Commissioner Bartkowski seconded. The motion carried by the following vote: Aye: 6 - McCormick, Dudziak, Bartkowski, Taylor, Blassingame, Byerly Absent: 1 - Duffy ad Approval of a Zoning Change from R40-Single Family Residential to R20- Single Family Residential on 23.4 acres out of the Isaac Caradine Survey, C. newton Survey and the W. C. Newton Subdivision located at 704-800 L.D. Lockett Road, Case Z-06-023 Chris Fuller presented the case and briefed the Commissioners. Commissioner Byerly opened the public hearing at 8:29 p.m. Will Walton, the applicant, presented the case and briefed the Commissioners. Curtis Young, land developer for the project, presented the case and briefed the Commissioners. The Commission took a 10 minute break at 9:00 p.m.. The Commission reconvened at 9:10 p.m. Marty Stajduhar, 101 Williamsburg Court, stated he enjoys the rural setting and still in favor of R40 zoning in this area. Jeff Zimmerman, 501 Lavaca Trail, stated this development looks great and the set City of CoUeyville Page 6 Printed on 9/26/2006 Planning and Zoning Commission Minutes - Final September 11, 2006 backs look great off of LD Lockett. Vince Wells, 5909 Colts Neck Drive, the Oaks and Briarwood HOA President, stated being in favor of the rezoning request, but stated having concerns for the extra traffic through the area. Paul Moore, 613 Hunter Trail, stated being in favor of the rezoning request. He stated being in favor of the opticom gate at Hunter Trail. There being no one wishing to speak, the public hearing was closed at 9:20 p.m. Commissioner Taylor questioned Mr. Young regarding what is the largest lot in the development? Mr. Walton replied, almost 26,000 square feet. Mr. Young replied, the one in the southeast comer. Commissioner Taylor questioned Mr. Young if some R30 lots could be used in the project? Mr. Young replied, it's always a possibility, however, the R20 would apply to this project. There are some aspects of this project that would apply in a Planned Unit Development. Commissioner Taylor questioned Mr. Young if some of the lots that face the Stajduhar's property, could be R30? Mr. Young replied, it would be possible, however, we have not planned for it. Mr. Walton concurred with Commissioner Taylor and stated the extension of the open space is as close to the riding arena as possible. The primary concern is the activity closest to the barn and we have tried to provide the necessary buffer. Commissioner Dudziak stated a hybrid R20 is not a term he is comfortable with, that is why the PUDs are in place. He questioned staff regarding what is in place that the Commission can use to encourage him to develop? Barry LeBaron replied the applicant is asking for straight R20 zoning, he does not have to provide the open space, however, when the plat comes forward, there may be a need for a retention/detention area for the run off. The PUD zoning requires a 25 percent open space which may cause this developer to have to use less desirable lots for that space than R20 to make the development work. The PUD zoning also allows for lots as small as 13,000 square feet, and in this case, the developer could get more density than what he is proposing in the R20 district, therefore he chose the R20 but with amenities and features as shown tonight which is really not required. Commissioner Blassingame concurred with Mr. Stajduhar with R40 or even R30 lots, however, the neighbors support this project. This plan is well thought out and there is an estate feel along LD Lockett. Commissioner Bartkowski concurred, having the neighbors to support the project is a great hurdle. Commissioner Byerly concurred however, he stated he would be better, even in the straight zoning, to be able to make the developer stick to the plan presented. Barry LeBaron and Chris Fuller replied a preliminary plat has been submitted, however, there was not enough time to evaluate the plans for this agenda. It will be ready for the September 25, 2006 meeting. Commissioner Dudziak stated the PUD tools have been created to allow the Commission to have guidelines for developments such as this. If for some reason this developer chose to sell the property, then this is zoned R20 and the Commission would have to approve a plat that fit into those R20 zoning district guidelines. Commissioner Bartkowski suggested the Commission see the preliminary plat before a decision is made. Page 7 Printed on 9/26/2006 City of Colleyville Planning and Zoning Commission Minutes - Final September 11, 2006 Commissioner Byerly questioned Mr. Walton if it would be a hardship for him if the Commission were to delay the zoning to see the preliminary plat? Mr. Walton stated not at all, the timing was an issue when submitting the preliminary plat. However, it was not ready for this meeting. He stated they are going to develop as they have stated. Commissioner Taylor questioned Mr. Walton if his preliminary plat is exactly what is being presented tonight? Mr. Walton replied yes. Commissioner Byerly again questioned Mr. Walton if it would be a hardship on them for the Commission to delay the zoning to see the preliminary plat? Mr. Walton replied given the information that has been presented here tonight, we would like a decision. Commissioner Blassingame questioned Mr. Walton if there are any contracts on file that will be delayed? Mr. Walton replied yes, there is an effect on time delays. Fire Marshall McKeown stated all was well until he talked about the city street to the northeast being blocked. He stated it would go against the Fire Code for that street to be blocked. The only provision in the code is if the developer were to make the development a private subdivision. Commissioner Byerly questioned Fire Marshall McKeown if an opticom gate would be acceptable? Fire Marshall McKeown replied no, since it is a city street, he can not block it. Barry LeBaron there are situations like it around Colleyville and the City Council could approve it as part of the platting process. Staff does not like or support the gates, and staff would like to have connectivity between subdivisions. Fire Marshall McKeown concurred and stated the less obstacles to go through, the better. Commissioner Bartkowski questioned staff regarding if the preliminary plat is on file? Barry LeBaron replied yes, however, it was not ready to go before the Commission for this meeting. Commissioner Byerly questioned staff regarding what dates will this zoning request go before City Council? Barry LeBaron replied on the 3rd and 17th of October. City Attorney Matthew Boyle stated the Commission recommend the approval of the zoning change subject to the development being consistent with the preliminary plat on file and as shown and described to the Commission. Commissioner Dudziak stated the PUD guidelines are there for the Commission to use for developments such as this. We have allowed the developers to tell us what open space they are willing to put in the developments. Commissioner Blassingame moved to approve case Z-06-023 as stated by City Attorney Matthew Boyle with approval of the zoning change subject to the development being consistent with the preliminary plat on file and as shown and described to the Commission. Commissioner Byerly seconded. The motion carried by the following vote: Aye: 5 - McCormick, Bartkowski, Taylor, Blassingame, Byerly Nay: 1 - Dudziak Absent: 1 - Duffy 9. TABLED AGENDA ITEMS 9a Case Z-06-019- PUBLIC HEARING - Request for a zoning change from City of CoUeyville Page 8 Printed on 9/26/2006 Planning and Zoning Commission Minutes - Final September 11, 2006 R40-Single Family Residential to R20-Single Family Residential on 16.870 acres on Lot 1, Block 1 of the Lavaca Trail Addition, Lot 1, Block 1 of the Miller Addition, Lot 1, Block 1 of the Lancaster Hill Addition & Lot 1, Block 1 of the Giacomini Addition at 805 to 901 Lavaca Trail Commissioner Taylor recused herself from this agenda item. Commissioner Bartkowski moved to remove this item from the table. Commissioner Blassingame seconded. The motion carried by the following vote: Aye: 5 - McCormick, Dudziak, Bartkowski, Blassingame, Byerly Absent: 1 - Duffy Abstain: 1 - Taylor Chris Fuller presented the case and briefed the Commissioners. He stated the traffic impact analysis was submitted today, around noon, but staff has not had time to review it for this meeting. Commissioner Bartkowski questioned staff if this case was tabled, at the last meeting, to give the applicant time to revise his plan? Chris Fuller replied yes, the applicant has remained with the R20 zoning request, but has given a different conceptual layout. Commissioner Byerly questioned staff if the conceptual layout is dramatically different than the previous? Chris Fuller replied yes, but it does not show connectivity to the adjacent subdivision. Commissioner Bartkowski questioned staff if the connectivity was there before? Chris Fuller replied yes. Commissioner Byerly moved to continue the public hearing and case Z-06-019 to the September 25, 2006 meeting. Commissioner Bartkowski seconded. The motion carried by the following vote: Aye: 4 - McCormick, Dudziak, Bartkowski, Byerly Nay: 1 - Blassingame Absent: 1 - Duffy Abstain: 1 - Taylor 10. STAFF COMMENTS, REPORTS AND DISCUSSION ITEMS Barry LeBaron reminded the commissioners that the new commissioners will be appointed during the October 3, 2006 city council meeting and will be seated at the October 9, 2006 Planning and Zoning Commission Meeting. 11. COMMISSIONERS' COMMENTS AND REPORTS None 12. ADJOURNMENT: There being no further business before the Planning and Zoning Commission, adjourned at 9:57 p.m. Approved by acclamation. City of Colleyville Page 9 Printed on 9/26/2006 Planning and Zoning Commission Minutes - Final September 11, 2006 I hereby certify the above agenda was posted on the bulletin boards at City Hall on Thursday, September 7, 2006 Minutes Approved on September 25, 2006 Amy Shelley, Planning and Zoning Assistant City of CoUeyville Page 10 Printed on 9/26/2006