Loading...
HomeMy WebLinkAboutPlanning and Zoning Commission-Minutes-1/22/2007,~_ ";~ ~ City of Colleyville '~~~~- Minutes -Final a~•.,, Planning and Zoning Commission 100 Main Street Colleyville, Texas 76034 (817) 503-1000 www.colleyville.com Monday, January 22, 2007 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 January 22, 2007 at 7:05 p.m. 2. ROLL CALL Present: Commissioners, Dave Dudziak, Scott Redfearn, Mary Taylor, David Phelps, Denis Duffy, Jeff Byerly Absent: Commissioner Robert McCormick Staff Present: Barry LeBaron, Chris Fuller, Robert McKeown, Dal Anderson, Chad Bartee, Jeremy Hutt, and Amy Shelley 3 INVOCATION The invocation was given by Commissioner Phelps. 4. 5. PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES Commissioner Dudziak moved to approve the January 4, 2007 meeting minutes as written. Commissioner Taylor seconded. City of Colleyville Page 1 Printed on 5/2/2007 Planning and Zoning Commission Minutes -Final January 22, 2007 The motion carried by the following vote: 6. 7 7a Approval of Preliminary Plat for Lots 1-12, Block 1 of the Highland Park Addition on 6.6-acres located at 5800 Pool Road, Case P-07-003 Chris Fuller presented the case and briefed the Commissioners. Commissioner Duffy stated he wanted the gate to be a separate vote from the plat. Commissioner Byerly concurred. Commissioner Redfearn questioned staff regarding what is the rational regarding the number of lots required for a gated subdivision? Chris Fuller replied it is difficult to read into what the intent was from what previous staff members, however, he presumed the intent was to eliminate small, isolated communities within the city. He stated it may have also been to allow a certain number of lots to be able to fund the streets within the gated community. Commissioner Phelps questioned staff regarding if the fees are fixed per lot? Chris Fuller replied the Land Development Code states $75 per lot, however, City Council can levy a higher requirement than the $75. Commissioner Phelps stated to lower the lot requirement for a gated community may warrant the need to double that fee requirement per lot to accommodate street frees for repairing. Commissioner Byerly stated the math can not be calculated that way. He stated the number of lots does not effect the road, it should be calculated per linear foot in the subdivision. He stated to double the fee does not make any sense because to go from 11 lots to 25 lots, would require more road. Commissioner Phelps concurred with Commissioner Byerly. Jackie Fluitt, GSWW Engineers, came forward to answer any questions the Commissioners had. Commissioner Byerly questioned Mr. Fluitt if there has been any thought regarding staffs recommendation for the building setback on Lots 4 and 7, is there a preference for either the front or back? Mr. Fluitt replied they would like to maintain the back yards if possible. Aye: 6 - Dudziak, Redfearn, Taylor, Phelps, Duffy, Byerly Absent: 1 -McCormick CITIZEN COMMENTS REGARDING ITEMS NOT ON THE AGENDA None REGULAR AGENDA ITEMS City of Colleyville Page 2 Printed on 5/2/2007 Planning and Zoning Commission Minutes -Final January 22, 2007 Commissioner Byerly questioned Mr. Fluitt regarding why should this be a gated community? Mr. Fluitt replied it seems to be what the market dictates. Commissioner Dudziak questioned Mr. Fluitt if the gated portion is not approved, will this halt the project? Mr. Fluitt replied not being sure, but he did not think it would help the project. Commissioner Duffy moved to approve case P-07-003 with the waiver request for the lot depth of Lots 4 and 7 to be reduced by 5-feet for the front setback. Commissioner Byerly seconded. The motion carried by the following vote: Aye: 6 -Dudziak, Redfearn, Taylor, Phelps, Duffy, Byerly Absent: 1 -McCormick Commissioner Duffy moved to deny the gated community portion of case P-07-003. Commissioner Dudziak seconded. Commissioner Duffy stated the Land Development Code requires 25 lots for a gated community. This has been the standard for years. The clustering of small groups is not good for the community. He stated the funds generated by this subdivision would not be enough to accommodate repaying the street. Commissioner Taylor stated the gated community would add value to that community, however there are gated communities that are small and the Homeowners Association dues are astronomical. The motion carried by the following vote: Aye: 4 -Dudziak, Taylor, Duffy, Byerly Nay: 2 -Redfearn, Phelps Absent: 1 -McCormick 7b Approval of a Final Plat of the Preston Oaks Addition on 16.8 acres located in the 800 and 900 blocks of Lavaca Trail, Case P-07-006 Commissioner Taylor recused herself from this agenda item. Chris Fuller presented the case and briefed the Commissioners. Commissioner Phelps questioned staff regarding if the need for relief on the existing home was caused by the accommodation of the two developers to put this adjoining road between the two different City of Colleyville Page 3 Printed on 5/2/2007 Planning and Zoning Commission Minutes -Final January 22, 2007 developments? Chris Fuller replied correct. The existing retention lot made it difficult to align those two roads with the proposed subdivision to the west, Lavaca Trail Estates. With the existing structure, it limited the amount of room that they had to work with in order to accommodate the R20 zoning, that is why the 40 foot roadway was required as well as the 25 foot setback due to the existing structure. Commissioner Phelps moved to approve case P-07-006. Commissioner Dudziak seconded. 7c The motion carried by the following vote: Aye: 6 -Dudziak, Redfearn, Taylor, Phelps, Duffy, Byerly Absent: 1 -McCormick Approval of a Final Plat of the Lavaca Parc Addition on 5.1 acres located in the 1000 block of Lavaca Trail, Case P-07-007 Chris Fuller presented the case and briefed the Commissioners. Commissioner Redfearn moved to approve case P-07-007. Commissioner Byerly seconded. Commissioner Dudziak questioned Chad Bartee, City Engineer, regarding if all of the drainage issues have been resolved? Chad Bartee replied yes. The motion carried by the following vote: Aye: 5 -Redfearn, Taylor, Phelps, Duffy, Byerly Nay: 1 -Dudziak Absent: 1 -McCormick 7d Approval of a request by RWS Management Inc. for a waiver of the tree mitigation requirements in the Land Development Code for The Reserve at Colleyville Addition, located in the 1000 block of Murphy Road, Case G-07-002 Chris Fuller presented the case and briefed the Commissioners. Commissioner Redfearn questioned staff if the Commissioner's approval for the waiver request is all that is necessary? Barry LeBaron replied after this issue is resolved, they will move forward with their final plat. Commissioner Byerly stated this will not be reviewed by City Council. Commissioner Taylor stated she did not ever want to see trees gone. She stated there is no such thing as a trash tree. Ron Shirley, applicant, came forward to present the case and brief the City of Colleyville Page 4 Printed on 5/2/2007 Planning and Zoning Commission Minutes -Final January 22, 2007 Commissioners. Commissioner Duffy questioned Mr. Shirley if he has aerials to show what is being requested? Mr. Shirley handed out a color copy for the property. Commissioner Taylor questioned Mr. Shirley if he could design his streets so that those trees could be saved? Mr. Shirley replied he has been working with his design to save as many trees as possible. Commissioner Dudziak questioned Mr. Shirley regarding why is the $152,000 such a hard ship for this project? Mr. Shirley replied he has spent a lot of money trying to preserve the trees that are in place. This money can be spent in some other areas on the property. Commissioner Duffy stated Mr. Shirley has been cooperative with the city in preserving those trees. He concurred with Commissioners Taylor and Dudziak, but stated he supported the request. City of Colleyville Page 5 Printed on 5/2/2007 Planning and Zoning Commission Minutes -Final January 22, 2007 Commissioner Duffy moved to approve case G-07-002. Commissioner Byerly seconded. Commissioner Phelps stated the waiver request is not excessive or overly burdensome compared to the value of the lots that accommodate those trees. Commissioner Dudziak concurred with Commissioner Phelps and stated being appreciative of all of the work that has been done for this project. He stated the ordinance is in place to allow for trees to be planted in other areas of the city. He stated not supporting the waiver request of the entire $152,000. Commissioner Taylor stated not being supportive of anything having to do with money, she stated wanting to keep the trees. Commissioner Byerly stated he knows how hard Mr. Shirley has worked in preserving as many trees as possible. He stated this is a special situation because there are so many trees. It does not make any sense to plant trees on top of trees. He stated being in support of the waiver request as presented. Commissioner Dudziak stated the Commission is not asking the developer to plant additional trees on this property. A contribution to the tree preservation fund allows trees to be planted anywhere in the city, this being an advantage to the overall city. As part of this Board, the ordinance is to be used as a tool to create additional green areas. He stated a comparable amount could be funded to the tree mitigation fund. Commissioner Byerly stated the tree mitigation is not meant to be punitive for Colleyville to pay for planting more trees; it is a way to encourage developers to save as many trees as possible. He stated there is not enough room to plant anymore trees on the parcel and have healthy tree growth. He stated the $30,000 is a fair value for Mr. Shirley. Commissioner Dudziak stated he has been told there is not enough money in the tree fund to budget trees. He stated these builders are going to charge a premium for these lots. Commissioner Redfearn stated loving trees, however the property is zoned residential and stated being inclined to vote for the request as presented. But would be willing to compromise on the mitigation payment, possibly being a higher payment City of Colleyville Page 6 Printed on 5/2/2007 Planning and Zoning Commission Minutes -Final January 22, 2007 Commissioner Duffy stated the developer is putting in trees. But to ask the developer to put in more trees, there would be trees on top of trees which would not allow for healthy growth. He stated this developer is doing what the tree preservation ordinance requires. He stated the developer has presented a fair and equitable solution. Commissioner Byerly stated the developer is going to replace 4,490 caliper inches of trees and he has 158 lots, which works out to 28.4 caliper inches per lot. To look at the 1/2 acre lots to be built in Colleyville, it is tough to squeeze a pool, a three car garage, the driveway and 28 caliper inches of trees on a lot. He stated not being sure what else the Commission can ask the developer to do. Commissioner Dudziak questioned staff regarding where does the money go? Barry LeBaron replied in the tree fund. Commissioner Dudziak questioned staff where can those trees be planted? Barry LeBaron replied on any city facility. Commissioner Dudziak stated it does not have to be planted on the existing property, does not have to be planted on existing canopies and it can be used anywhere in the city. Commissioner Dudziak stated he would like to find a comparable number that could be reached for the mitigation and put some additional funds into the mitigation fund. He stated it would be good for the rest of the city to have some additional funds to be used in the other parks. He suggested half of the $152,000, that being $75,000. Commissioner Redfearn concurred with Commissioner Dudziak. Commissioner Phelps stated that number is roughly 20% of the original fee. He stated the figure seems light. He stated not knowing what the percentages have been in the past to be able to come up with a dollar amount. He stated something less than 50% seemed to be a low starting point for that type of mitigation. He stated appreciating the developers efforts. The motion failed by the following vote: Aye: 3 -Redfearn, Duffy, Byerly Nay: 3 -Dudziak, Taylor, Phelps Absent: 1 -McCormick Commissioner Byerly questioned Commissioner Phelps if he had a dollar amount in mind? Commissioner Phelps stated $75,000 was mentioned, he stated that is closer. Commissioner Byerly stated it City of Colleyville Page 7 Printed on 5/2/2007 Planning and Zoning Commission Minutes -Final January 22, 2007 appears that 30% is the percentage that has been used in the past. He stated 50% is higher that what has been done in the past. Commissioner Duffy stated the parkland dedication fee for this development is $1,802 per lot, there are 158 lots in this development which equals $273,000. He questioned staff regarding what is that fee used for? Barry LeBaron replied that money is used to build additional park facilities and could be used to plant trees. Commissioner Duffy stated this developer is going to put a park facility in the development and is going to put $273,000 dollars in the parkland dedication fund. Commissioner Taylor stated not knowing what previous Commissioners have done, however, she stated recalling a developer coming forward since she has been here and the Commission denied the request. Commissioner Phelps stated considering 30%, which would be $60,000. Commissioner Dudziak stated being happy with $60,000 in addition to the $30,000 that is already on the board. Commissioner Byerly stated there is a need for a compromise to grant the waiver, so that in the future builders will not come in and bulldoze their property just because they think the waiver request would not be granted. Commissioner Redfearn moved to approve case G-07-002 with the 25% of the 1820 caliper inches that require mitigation and require that to be preserved. That 25% of 1820 is 455. The developer has already agreed to the 300. Which leaves 155 still to be mitigated. The waiver would be for 1365 caliper inches. The total fee to be paid would be $45,500. Commissioner Byerly seconded. Commissioner Phelps stated wanting to stay consistent with previous arrangements. He stated this satisfies that. The code is what it is and should be enforced. He stated supporting the work that has been completed. Commissioner Duffy stated for clarity that the developer could pay the $45,500 or mitigate the 455 trees remaining. The motion carried by the following vote: City of Colleyville Page 8 Printed on 5/2/2007 Planning and Zoning Commission Minutes -Final January 22, 2007 Aye: 4 - Redfearn, Phelps, Duffy, Byerly Nay: 2 - Dudziak, Taylor Absent: 1 -McCormick 8. 8a Approval of a Zoning Change from AG-Agricultural to PUDC-Planned Unit Development Commercial on 2.1 acres out of the A. J. Caldwell Survey and the J. L. Byas Survey located at 6110 Colleyville Boulevard, Case Z-07-001 Chris Fuller presented the case and briefed the Commissioners. Commissioner Phelps questioned staff regarding if there is a clear list regarding what specific uses will be permitted? Chris Fuller replied not having something the Commissioners could view, however, he stated he could read the uses to the Commissioners. He stated mostly offices uses. Commissioner Phelps questioned staff if the uses are listed in the Land Development Code under the new uses that have been approved? Chris Fuller replied correct. Commissioner Taylor questioned staff if this is an existing bank in Colleyville that is wanting to relocate? Chris Fuller replied yes, this bank will be relocating to this property. Commissioner Byerly questioned staff if the bank is limited to the one site in Phase I? Chris Fuller replied correct. Commissioner Byerly questioned staff if another bank could locate on the Phase II site? Chris Fuller replied theoretically one could. Commissioner Byerly questioned staff regarding what are the requirements for screening between commercial and residential? Chris Fuller replied the 8-foot tall fence with the 20-foot landscape buffer with evergreen planting material that will grow to six feet within two years, and the developer has provided that. Commissioner Byerly questioned staff if that matches the general requirements for screening? Chris Fuller replied yes. Commissioner Byerly opened the public hearing at 8:25 p.m John Fegan, the applicant and developer, came forward to present the case and brief the Commissioners. He stated he has worked with the neighbors in the area and has addressed their concerns. Mr. Shirley stated he would pay the $45,500 at the time of grading permit. PUBLIC HEARING AGENDA ITEMS City of Colleyville Page 9 Printed on 5/2/2007 Planning and Zoning Commission Minutes -Final January 22, 2007 Commissioner Taylor complimented Mr. Fegan regarding having worked with the home owners. Commissioner Phelps questioned Mr. Fegan regarding if all of the requests by the neighbors are in the proposed ordinance? Mr. Fegan replied not seeing the one story application and moving the driveway closer to Colleyville Boulevard. However, he stated, the moving of the driveway can be worked out during the site plan approval process. Commissioner Duffy questioned Mr. Fegan regarding if the box lights on the side of the building are shielded or unshielded? Mr. Fegan replied he has not determined that yet, but he stated he will make sure they do not shine in the neighbor's backyards. He stated if the lights need to be moved around, he will do so. Earl Morse, 1207 Hardage Lane, spoke in favor of the rezoning request. Jack Condon, 6100 Ponderosa, spoke in opposition with the driveway being shown on Hardage Lane. This driveway will be placed too closely to his home. The traffic being generated would be increased. He stated he would like to see the driveway on Hardage Lane eliminated. In addition, he stated wanting aone -story facility. Ernest Hedgcoth, 6012 Ponderosa, spoke in favor of the request as long as the uses are limited to the CN-Neighborhood Commercial zoning district uses, but to add the bank use. He stated being opposed to the driveway as shown on Hardage Lane. He stated being in favor of a one story facility. There being no one wishing to speak, the public hearing was closed at 8:46 p.m. Commissioner Duffy questioned staff regarding if TxDot has shared their cuts on SH26? Barry LeBaron replied yes. Commissioner Duffy questioned staff regarding why TxDot does not want two driveway cuts on this property? Barry LeBaron replied there will be a median on SH26, therefore the only way to come out of this property and go back north, would be if there was a curb cut on Hardage, because there is not a cut to come through the northern part of this property. Commissioner Duffy stated since SH26 is going to be TxDot controlled, many of those driveways that Mr. Condon referred to, are going to be removed. Barry LeBaron concurred. Mr. Bartee stated typically TxDot will replace current driveways. If they know a development is coming, they will look at what that developer has proposed. He stated not knowing TxDot's design criteria and their driveway spacing along SH26. He stated the Engineering department can check to see if two driveways are allotted for this property. City of Colleyville Page 10 Printed on 5/2/2007 Planning and Zoning Commission Minutes -Final January 22, 2007 Commissioner Byerly questioned staff regarding if there is a traffic light planned for SH26 and Hardage Lane? Mr. Bartee replied no. Commissioner Phelps questioned staff regarding if the exit onto Hardage will be required to make a left hand turn onto SH26 because of the divided road? Mr. Bartee replied there will be a continuous median along SH26. TxDot has provided for dedicated left turn lanes at key intersections and he stated he believed this to be one of those intersections. Commissioner Phelps questioned staff regarding if that driveway were moved further down Hardage closer to SH26, would there be any issues with emergency access navigating? Fire Marshal Rob McKeown replied being ok with that provided that they could still meet the turning radius of the fire lane. He stated the Land Development Code states 150 feet apart. Mr. Bartee stated the Land Development Code states a commercial driveway's minimum distance to an intersection with an arterial road such as SH26, is 180 feet. Commissioner Phelps questioned staff if there clarification would be made separate from the decision the Commissioners made? Mr. Bartee replied yes, the adjustments will be made to conform. He also stated, some will be dependent on TxDots approval of disapproval of that request. He stated if TxDot does not approve of the two driveway approaches on SH26, then the engineering department will work with the developer to make the driveway approach on Hardage Lane acceptable for the neighbors and the code. Commissioner Byerly questioned staff regarding what is the frontage that this property has on Hardage? Chris Fuller replied 255 feet. Commissioner Byerly stated if the driveway were to be moved 100 feet, then it would be almost in line with what the code requires. Chris Fuller concurred. Barry LeBaron stated TxDot has been doing a great deal to eliminate the curb cuts on SH26 and an approval will be needed from TxDot. Commissioner Redfearn questioned staff if a plat will come forth that will require the Commission's approval? Barry LeBaron replied yes. Commissioner Redfearn questioned staff if the driveway issues would be addressed at the time of platting? Barry LeBaron replied since this is a PUD-Planned Unit Development request, staff would like for those driveway guidelines to be addressed now. He stated if some guidance where to be given as far as flexibility, staff can incorporate the language in the ordinance as it moves forward to City Council. As written, the ordinance will be tied to this site plan. Commissioner Phelps questioned staff if the one-story restriction would City of Colleyville Page 11 Printed on 5/2/2007 Planning and Zoning Commission Minutes -Final January 22, 2007 be tied to the zoning? Barry LeBaron replied yes, the Commission would want to incorporate that into the motion. Commissioner Dudziak moved to approve case Z-07-001 with a single story structure and that the exit onto Hardage is as close to SH26 as permitted by the code. Commissioner Phelps seconded. Commissioner Duffy stated he would like to have the box light shielding incorporated into the motion. All accepted the amendment. Commissioner Byerly stated he would like to limit a bank only in the Phase I portion of the development. All accepted the amendment. Commissioner Byerly restated the motion as such: Motion to approve case Z-07-001 made by Commissioner Dudziak with limiting the buildings to one story, providing light shielding so that light only reflects on the property, that a bank can only be built on Phase I and moving the Hardage Lane driveway exit as close to SH26 as allowed by code. Commissioner Phelps seconded. The motion carried by the following vote: Aye: 6 -Dudziak, Redfearn, Taylor, Phelps, Duffy, Byerly Absent: 1 -McCormick 9. STAFF COMMENTS, REPORTS AND DISCUSSION ITEMS Barry LeBaron stated the master plan review will be on the February 12, 2007 agenda to review all of the zoning cases from the previous year. Barry LeBaron introduced Jeremy Hutt as the new employee in engineering who is going to be the development engineer. 10. COMMISSIONERS' COMMENTS AND REPORTS Commissioner Taylor stated she sees this board as a planning commission as well as a zoning commission. She stated being concerned with all of the banks that are coming to Colleyville Boulevard. She questioned what will happen to those buildings when those banks start folding? Commissioner Byerly suggested turning those buildings into office space. 11. ADJOURNMENT The meeting adjourned at 9:00 p.m. City of Colleyville Page 72 Printed on 5/2/2007 Planning and Zoning Commission Minutes -Final January 22, 2007 I hereby certify the above agenda was posted on the bulletin boards at City Hall on Thursday, January 18, 2007 by 5:00 p.m. Amy Shelley, Planning and Zoning Assistant Meeting Minutes Approved on February 12, 2007. City of Colleyville Page 13 Printed on 5/2/2007