HomeMy WebLinkAboutPlanning and Zoning Commission-Minutes-1/22/2007,~_ ";~ ~ City of Colleyville
'~~~~- Minutes -Final
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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.
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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
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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
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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
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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.
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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
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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
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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:
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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
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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.
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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
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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.
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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.
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