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HomeMy WebLinkAboutCity Council-Minutes-7/27/2016 City of Colleyville Page 1 City of Colleyville City Council Worksession Agenda City Hall 100 Main Street Colleyville, Texas 76034 817.503.1000 www.colleyville.com Wednesday, July 27, 2016 5:30 p.m. Executive Conference Room Third Floor - City Hall EXECUTIVE SESSION - 5:30 P.M. 1. CALL TO ORDER 2. EXECUTIVE SESSION - In accordance with Texas Government Code, Chapter 551, Subchapter D Section 551.071 - Consultation with and legal advice from the City Attorney regarding the comprehensive plan and zoning RESUME WORKSESSION - EXECUTIVE CONFERENCE ROOM - 6:00 P.M. 3. PRESENTATION AND DISCUSSION 3a Discussion of the Comprehensive Plan and the Land Development Code 4. ADJOURNMENT I hereby certify this agenda was posted on City Hall bulletin boards Friday, July 22, 2016 by 5:00 p.m. Amy Shelley, TRMC City Secretary A quorum of any Colleyville board, commission, or committee may be present at this meeting. Any matter on this agenda may, at the discretion of the governing body, be opened for public comment and discussion. If you plan to attend this public meeting and have a disability that requires special accommodations, please advise the City Secretary at least 48 hours in advance at 817.503.1133, and reasonable accommodations will be made to assist you. City of Colleyville Page 1 City of Colleyville City Council Worksession Minutes City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com Wednesday, July 27, 2016 6:00 p.m. Executive Conference Room Third Floor – City Hall Mayor Richard Newton called the Colleyville City Council Worksession to order on July 27, 2016 at 5:32 p.m. ROLL CALL: Mayor Richard Newton, Mayor Pro Tem Chris Putnam, and Councilmembers Tammy Nakamura, Bobby Lindamood, Jody Short, Nancy Coplen and Mike Taylor City Manager Jennifer Fadden, Deputy City Manager Chris Fuller, Assistant City Manager/Director of Public Safety Mike Holder, Community Development Director Ben Bryner, Principal Planner Shane Pace, and City Secretary Amy Shelley EXECUTIVE SESSION - 5:30 P.M. 2. EXECUTIVE SESSION - In accordance with Texas Government Code, Chapter 551, Subchapter D Section 551.071 - Consultation with and legal advice from the City Attorney regarding the comprehensive plan and zoning Mayor Newton explained the Executive Session had been called in accordance with the Texas Government Code, Chapter 551, Subchapter D, Section 551.071, Legal. He further explained there would be no decisions made or action taken during this time. The meeting was convened and recessed at 5:32 p.m. RESUME WORKSESSION - EXECUTIVE CONFERENCE ROOM - 6:00 PM 3. PRESENTATION AND DISCUSSION 3a Discussion of the Comprehensive Plan and the Land Development Code Mayor Newton presented this item and briefed the City Council. Wendy Shabay and Daniel Harrison, Freese and Nichols, and staff members were present to answer any questions. Councilmember Short asked Mayor Newton if the calculation is based on the number of dwellings per subdivision, or number of acres per subdivision. Mayor Newton replied it could be done both ways, but by acreage. City Council Minutes July 27, 2016 City of Colleyville Page 2 Councilmember Taylor asked Mayor Newton if the open space is to be pedestrian usable or landscape and detention usable. Mayor Newton replied usable is to be determined. Councilmember Coplen asked Mayor Newton if a property plat includes the right- of-way. Mayor Newton replied yes. Councilmember Coplen suggested staying with the gross density calculations because that is what the industry uses. Mayor Newton restated what Councilmember Coplen explained as two approaches: (1) define how you compute it; or (2) take all the acreage, no matter what, but if you do that, you have to lower the 1.8 to something else. Councilmember Short asked Mayor Newton if we are talking about removing the right-of-way from the computation. Mayor Newton replied he disagrees with the master plan statement of going to gross rather than net. Councilmember Coplen asked Mayor Newton what page that statement is on. Mayor Newton replied it also states it is going to use the 2004 information, which is inconsistent. Councilmember Coplen asked Mayor Newton where the plan states, “Neighborhood Areas: change wording regarding "trends of high density continuing." Mayor Newton replied it does not state this, it is how it is computed for the neighborhood areas. Councilmember Coplen asked Mayor Newton why the comprehensive plan and the Land Development Code standards are not the same. Mayor Newton explained he wants it to be the same. Councilmember Coplen asked Mayor Newton if he wants it to be net everywhere. Mayor Newton explained that the sequence in which this should be done is the comp plan is policy, and all zoning ordinances and the Land Development Code need to be consistent with the comp plan. He stated there is work to do in both places to make them consistent. Councilmember Coplen asked Mayor Newton if the calculations were based on gross originally. Mayor Newton replied no. Councilmember Nakamura added it was based on net up to 1987. Councilmember Short asked Mayor Newton if the 1.8 density was a rough equivalent to the R20 zoning. Mayor Newton replied yes. He added there have been cases approved where there have been deviations made from what traditionally the City has as a standard. Councilmember Coplen asked Mayor Newton if R20 used to be considered as 2.1 units per acre. Mayor Newton replied yes, and that is a gross computation. City Council Minutes July 27, 2016 City of Colleyville Page 3 Councilmember Coplen asked Mayor Newton if they should be talking above the policy level. Mayor Newton replied they should be talking at the policy level. He added we should be considering whether or not the R20 standard, at 1.8, is the policy standard. Councilmember Short asked Mayor Newton if the 1.8 is considered the gross or the net. Mayor Newton replied it is net and he does not desire to change that, and everyone can quote that R20 is 1.8 and the Colleyville standard. Mayor Newton suggested adding “City initiated rezoning” back into the comp plan, because if the language does not exist, there is a possibility the integrity of a neighborhood, such as the R10 zoning on Colleyville Terrace, will be lost as homes are torn down and reconstructed, as a right, to the existing zoning district. Councilmember Nakamura asked Mayor Kelly what is the zoning on the properties where the two homes are being constructed on Colleyville Terrace. Mayor Newton replied R10, and the entire neighborhood is zoned the same. He added Bridlewood Estates is zoned RMF (multi-family), but it is not currently built that way, as it was an agreement with HUD. Councilmember Taylor asked Mayor Newton if they would have to reach out to the homeowners before the City rezones their property. Mayor Newton replied yes, the City would have to notify the homeowners. Councilmember Taylor asked Mayor Newton what about the residents that object to the change. Mayor Newton replied they could object, but it could still be done. Councilmember Short asked Mayor Newton about how much reshuffling of the comprehensive plan he is talking about. Mayor Newton replied he does not know the specifics now, as those would be the details when we decide to do it. Councilmember Coplen asked Mayor Newton if there would be very many rezoning initiatives. Mayor Newton replied he did not believe so. Councilmember Coplen asked Mayor Newton about where the “City initiated rezoning” would be stated in the comp plan. Mayor Newton replied it could be added to the neighborhood section, maybe as an action plan. Councilmember Nakamura asked Mayor Newton how long it has been since the need for a transitional area has been discussed. Mayor Newton replied many years ago residents did not want the commercial uses, so City Council defined the commercial corridors as SH26, SH121, and Precinct Line Road. He stated this calmed the peoples concerns about commercial coming into residential areas, and that is when transition areas were discussed. City Council Minutes July 27, 2016 City of Colleyville Page 4 Councilmember Lindamood asked Mayor Newton if the transition area is like the commercial line. Mayor Newton replied yes, and we have the commercial lines. Councilmember Short asked Mayor Newton what happens when a resident is adjacent to a commercial area but would prefers residential rather than commercial. Mayor Newton replied that has happened, but the question is, is the transition area already built on or not, which he believes it is, and it may not be a big argument anymore, but it should be indicated on the map. Councilmember Coplen asked Mayor Newton if the appraisal district looks at land adjacent to commercial as commercial land versus residential. Mayor Newton replied he does not believe they do. Councilmember Taylor asked Mayor Newton if we are talking about future land use or current. Mayor Newton replied we are talking about future land use. Councilmember Short stated he does not believe transition areas should be designated on the map because then it draws for the want of a transition area. He then asked Mayor Newton if there is an urgency to designate more areas as transitional. Mayor Newton replied no, but he wants the standard at lower density. Councilmember Lindamood stated some were afraid that transitional areas would go beyond the Colleyville Boulevard area, and that is why they wanted the areas to be shown on the map. Mayor Newton stated one way to address the fear factor is to show the strips on the map. Councilmember Lindamood suggested a commercial line. Mayor Newton suggested getting the policies straight and modify the ordinances to match the policies, and then stick to the ordinances with no deviation. Councilmember Lindamood and Nakamura agreed. Mayor Newton stated the private park acreages were factored into the comp plan benchmark (per capita to park acreage). He stated he is biased against using the private park acreage in the benchmark calculation, unless the private park acreage meets the benchmark in and of its own right. He added a policy statement should be added to the comp plan relative to park benchmarks since a parks master plan is going to be considered soon. Councilmember Coplen asked staff what is the park benchmark. City Manager Jennifer Fadden replied the information is on page 96 of the comp plan, and it varies depending on the park type. Ms. Shabay asked Mayor Newton if his desire is to have a recommendation from a policy level in the comp plan on that, or is this something that needs to be looked at further. Mayor Newton replied rather than duplicate work, at a minimum there should be a policy statement to indicate this is how we would compute it. City Council Minutes July 27, 2016 City of Colleyville Page 5 Councilmember Short suggested not having to go up to the national standards. Mayor Newton restated that if the private park acreage meets the benchmark in and of its own right, then it can be counted in the public computation. Councilmember Taylor asked Mr. Harrison about the population estimates. Mr. Harrison replied they have used the vacant residential acres and applied those to the 1.8 ratio. Councilmember Taylor asked Mr. Harrison if the calculation is based on gross or net. Mr. Harrison replied gross because only the raw number is known. He added net would not be known until later. Mayor Newton added the computation changes as more land is developed. Councilmember Taylor asked Mr. Harrison if there are 13.23 private park acres per 1,000 capita. Mr. Harrison replied yes. Councilmember Taylor asked Mr. Harrison if the City is meeting the standard of 11.25-22.5 public park acres per 1,000 capita. Mr. Harrison replied yes, that is one way to interpret those. Mayor Newton replied those are aggregate numbers, and what we do not have is if every single private park meets the NRPA standards on its own or not. Councilmember Short asked Ms. Shabay what standard we are trying to meet. Ms. Shabay replied there is a whole standard that applies to parks and maybe a simpler way to do this, is to increase your standards for parks relative to the national park standards. Mayor Newton stated he likes to stay with national benchmarks because it is hard to argue. He stated if we have all of the data, it can be done. City Manager Jennifer Fadden asked Mayor Newton, for clarification, if the City Council would like the transitional areas in the comp plan or not; and, on the map or not. Mayor Newton replied he would like to see the suggestions for the transition areas, and what they would look like on the map. Councilmember Coplen asked Mr. Harrison if transition areas is a term used in planning. Mr. Harrison replied yes. Councilmember Coplen asked Mr. Harrison if a transitional area can also be between commercial and commercial. Mr. Harrison replied yes, and often times it is between a higher end commercial, industrial, versus a lower end commercial, office. Councilmember Lindamood stated if the standard is outlined in the verbiage of what can and cannot be done, then there is no need to have the transitional line. City Council Minutes July 27, 2016 City of Colleyville Page 6 Mayor Newton agreed, and added what may be considered transitional may already be built on. Ms. Shabay suggested deleting page 116, and just defining what the future land use map states. Ms. Shabay asked the City Council if they would like to take out the references to transition areas and just have the line. Councilmember Lindamood agreed. Councilmember Taylor asked Mr. Harrison if there is an issue with taking it out. Mr. Harrison replied the only issue with taking it out of the comp plan is that the Land Development Code and PUDR zoning explains transitional areas. Councilmember Taylor followed up that the Land Development Code would be cleaned up for consistency. Mr. Harrison stated with the removal of page 116, there is no reason to show the transitional areas on the future land use map. Councilmember Short asked Mayor Newton if we are inserting a use between commercial and the existing residential. Mayor Newton replied no, and the question is about the details around the compatibility, and he stated not knowing the answer for that. He stated we will need to decide what that compatibility means. Councilmember Taylor asked Mayor Newton what about a situation in which the homeowners want a particular development that abuts the high commercial area, with more density to buffer the commercial, but that use is not what has been decided is best for the area. Mayor Newton replied he did not state residential would not be okay for it, and there are existing PUD examples of that. He added there will be less high density areas if we have a stout policy in place, and it does not preclude the City Council in making an amendment to the future land use plan. Mayor Newton recessed the worksession at 7:50 p.m. Mayor Newton reconvened the worksession at 8:00 p.m. Mayor Newton asked staff if there are action steps included to have more or less interconnectivity within developments. City Manager Jennifer Fadden replied there are action steps on page 62, relative to policy direction as it relates to residential neighborhoods, to encourage neighborhoods to work together through the development process to build those appropriate designs. Councilmember Short asked staff if any comments have been provided by citizens since the comp plan was approved. Mayor Newton replied he has provided his high level points. Deputy City Manager Chris Fuller replied none have been received to date. City Manager Jennifer Fadden added none have been received by staff. City Council Minutes July 27, 2016 City of Colleyville Page 7 Councilmember Short asked Mr. Harrison if it is common practice in the industry to have a hard line between land uses. Mr. Harrison replied there are several philosophies in which cities use parcel specifics or bubble maps, which are not set to property boundaries. Mayor Newton stated the comp plan does not focus much on Precinct Line Road, even though there are parcels along it for development, and asked if more should be said about it. Deputy City Manager Chris Fuller explained page 150 includes the policy, while page 151 includes the action items for future overlay development. Mayor Newton began discussing the possible Land Development Code amendments relative to open space, density bonus, mechanisms for floodplain development, and straight zoning standards. Mayor Newton stated open space should be usable. Mayor Newton stated it is not wise to use density bonus, we should stick to the 1.8 density. Councilmember Coplen asked Mayor Newton if there is undeveloped land in the floodplain. Mayor Newton replied yes. City Manager Jennifer Fadden added the City has basic design development standards as it relates to the floodplain. She stated it requires mitigation, and a developer would need a certified letter of map revision from FEMA removing the property from the floodplain in order to develop it. She stated the developer would need to prove there is not a desperate impact on downstream properties. Mayor Newton stated those are outside controls from the City. Principal Planner Shane Pace added the Land Development Code has certain restrictions in that no construction is allowed in the floodplain without written approval from the City of Colleyville. Deputy City Manager Chris Fuller stated staff can look into additional controls for certain development standards, such as floodplain and floodway, if the City Council would like. Councilmember Coplen stated that would be good. Mayor Newton stated we need to look at the straight zoning standards to ensure our standards are as good as our neighboring cities. Councilmember Taylor asked staff if that can be done. City Manager Jennifer Fadden replied yes. Deputy City Manager Chris Fuller replied currently you cannot approve a site plan with straight zoning; however, if the standards are improved, it can be implemented with future developments. City Council Minutes July 27, 2016 City of Colleyville Page 8 Councilmember Coplen asked staff when the last time the Land Development Code was amended. City Manager Jennifer Fadden replied sections of the Code have been updated, and 2005 was the last time Chapter 3 was amended. Mayor Newton recommends all PUD applications should include a preliminary plat and building elevations. Councilmember Short stated there has always been a site plan provided. Councilmember Lindamood stated there have been concept plans, but there were no details attached. Mayor Newton stated being uncomfortable with only the Planning and Zoning Commission approving plats because platting is critically important. Councilmember Taylor stated being in favor of amending straight zoning, especially if issues such as drainage could be solved at the straight zoning level. Mayor Newton asked staff about the scope of the engagement with the consultant, Freese and Nichols. Deputy City Manager Chris Fuller replied the scope of the engagement includes the comprehensive plan updates, but the Land Development Code amendments are not included. He added it includes the changing from gross to net density, the transitional areas, the Precinct Line Road corridor, and the flood map information. He added staff has received comments from the Mayor and the Mayor Pro Tem, and he encouraged City Council to submit any other comments to staff. He stated, at this point, staff anticipates a 60 day turn-around. Councilmember Coplen asked staff if all of City Council could see Mayor Pro Tem Putnam’s comments. Deputy City Manager Chris Fuller replied yes. Councilmember Short asked Mayor Newton about the extension of McDowell School Road, and its removal, asking if it should be investigated further, and communicate to see if that is not wanted. Mayor Newton stated he does not want to take that on, but he did not see putting the extension in would be of any benefit to the traffic flow. Councilmember Taylor stated it would not change the commuter route, and the citizens in the area do not want it or need it. Councilmember Short asked City Council if they would like to add it back to the plan. Mayor Newton and Councilmembers Nakamura, Lindamood, and Coplen stated not being in favor of putting the McDonwell School Road extension on the map. Councilmember Lindamood asked staff if a trade has been considered relative to the floodplain area, for a park. Deputy City Manager Chris Fuller replied it could be considered if it is submitted to the City for consideration. Councilmember Taylor stated he is officially asking for changes to the straight zoning standards. City Council Minutes July 27, 2016 City of Colleyville Page 9 Mayor Newton stated, relative to the engagement of citizens for these changes, we could hold public hearings, have town hall meetings, or put a committee together to discuss the recommended changes. He stated he personally believes there are specific changes, not a revamp of the plan, and we do need citizen involvement, but how do we do that. Councilmember Coplen suggested having town hall meetings so the citizens can visually see it, like in the water bills, and they could also provide comments to the changes. Councilmember Taylor agreed, and the Mayor can chair the meeting. Councilmember Short stated he did not believe a committee is necessary. Councilmember Lindamood agreed with Councilmember Coplen and added the bigger the better to show the changes, and then the citizens can provide comments with sticky notes. Councilmember Coplen stated there needs to be a very concise branding for the Colleyville Boulevard corridor. Mayor Newton added one of the unfortunate things about the corridor is the power lines. City Manager Jennifer Fadden explained that the cost in 2005 was $11 million to bury the power lines, and now it could cost $20 million. Mayor Newton added just because something is expensive and hard does not mean we should not consider it and give it a shot. Councilmember Short agreed the corridor should be cleaned up, but there may be other solutions to the utility poles that are less expensive, such as putting them to the back of the properties. He added the first step may be to address the lines that cross SH26 first. Mayor Newton agreed. Councilmember Taylor asked staff if the $20 million included the amount to purchase the property to bury the lines. City Manager Jennifer Fadden replied no, this was a back-end estimate from Oncor. She stated she does not know if there would be adequate right-of-way to bury those lines today. Councilmember Taylor stated the central business district would be the best location to start. Mayor Newton added the vision has to be put out there. 4. ADJOURNMENT There being no further business before the City Council, Mayor Newton adjourned the worksession at 9:17 p.m. APPROVED BY A VOTE OF 7 AYES, 0 NAYS, AND 0 ABSTENTIONS ON THIS THE 16TH DAY OF AUGUST 2016. City Council Minutes July 27, 2016 City of Colleyville Page 10 Minutes taken and prepared by: Amy Shelley, TRMC City Secretary