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HomeMy WebLinkAboutPlanning and Zoning Commission-Minutes-4/23/2007~'~ T Cit of Colle ville ,~~,~ : ~~ ~~~. ~ Y Y ~` Minutes -Final r.~" Planning and Zoning Commission 100 Main Street Colleyville, Texas 76034 (817) 503-1000 www.colleyville.com Monday, April 23, 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 1. CALL TO ORDER REGULAR MEETING 7:00 P.M. The Planning and Zoning Commission meeting of the City of Colleyville was called to order by Chairman Duffy on April 23, 2007 at 7:05 p.m. 2. ROLL CALL Present: Commissioners Dave Dudziak, Scott Redfearn, David Phelps and Denis Duffy Absent: Commissioners Mary Taylor and Jeff Byerly Staff Present: Chris Fuller, Rob McKeown, Jeremy Hutt and Amy Shelley 3. INVOCATION The invocation was given by Commissioner Redfearn. 4. PLEDGE OF ALLEGIANCE 5. APPROVAL OF MINUTES Commissioner Dudziak moved to approve the April 9, 2007 meeting minutes as written. Commissioner Phelps seconded. City of Colleyville Page 1 Printed on 5/15/2007 Planning and Zoning Commission Minutes -Final April 23, 2007 The motion carried by the following vote: Aye: 4 -Dudziak, Redfearn, Phelps, Duffy Absent: 2 -Taylor, Byerly 6. CITIZEN COMMENTS REGARDING ITEMS NOT. ON THE AGENDA None 7. REGULAR AGENDA ITEMS 7a Approval of Minor Plat for Lot 1, Block 1 of the Northstar Bank Addition located at 6110 Colleyville Boulevard, Case P-07-021 Chris Fuller presented the case and briefed the Commissioners. Commissioner Phelps questioned staff if the driveway location onto Hardage is in compliance with city code? Chris Fuller replied correct. Commissioner Redfearn moved to approve case P-07-021. Commissioner Dudziak seconded. The motion carried by the following vote: Aye: 4 -Dudziak, Redfearn, Phelps, Duffy Absent: 2 -Taylor, Byerly 7b Approval of a Preliminary Plat for The Reserve at Colleyville Phase II Addition on 9.9 acres located 1000 block of Murphy Road, Case P-06-040 The Commissioners heard zoning case Z-07-009 on this agenda for this property before making the motion for this agenda item 7b, case P-06-040. See discussion on item 8a. Commissioner Redfearn moved to approve case P-06-040. Commissioner Duffy seconded. The motion carried by the following vote: Aye: 4 -Dudziak, Redfearn, Phelps, Duffy Absent: 2 -Taylor, Byerly City of Colleyville Page 2 Printed on 5/15/2007 Planning and Zoning Commission Minutes -Final April 23, 2007 7c Approval of Preliminary Plat for Lots 1-20, Block 1 of the Villas at Pleasant Run Addition located at 5505 Pleasant Run Road, Case P-07-020 The Commissioners heard zoning case Z-07-014 on this agenda for this property before making the motion for this agenda item 7c, case P-07-020. See discussion on item 8a. Commissioner Redfearn moved to approve case P-07-020. Commissioner Duffy seconded. The motion carried by the following vote: Aye: 4 -Dudziak, Redfearn, Phelps, Duffy Absent: Z -Taylor, Byerly 7d Approval of a Preliminary Plat for Lots 1-4, Block 1 of the Chandler Commercial Addition on 15 acres located at 931-1013 McDonwell School Road, Case P-06-015 Chris Fuller presented the case and briefed the Commissioners. Commissioner Redfearn moved to approve case P-06-015. Commissioner Phelps seconded. The motion carried by the following vote: Aye: 4 -Dudziak, Redfearn, Phelps, Duffy Absent: 2 -Taylor, Byerly 8. PUBLIC HEARING AGENDA ITEMS 8a Approval of a request for a zoning change from AG-Agricultural to PUDR-Planned Unit Development Residential on 4.4 acres out of the J. Harrell Survey located in the 1000 block of Murphy Road, Case Z-07-009 Chris Fuller presented the case and briefed the Commissioners. Commissioner Dudziak questioned staff regarding what is the total square footage of land that was available for open space for Phase I? Chris Fuller replied he would have to defer to the applicant for the answer. He replied it being 28% for the entire development, over a million square feet for the entire development in Ordinance 0-99-1153. Commissioner Duffy reminded the audience that this zoning case as well as the platting case, P-06-040, could be discussed at this time. However, two seperate votes would'be made for each of the cases. Commissioner Duffy opened the public hearing at 7:19 p.m. City of Colleyville Page 3 Printed on 5/15/2007 Planning and Zoning Commission Minutes -Final April 23, 2007 Dawn Quinby, 1212 W. Murphy Road, spoke in opposition to the rezoning request and stated having concerns with the traffic. Roger Guthrie, 1200 W. Murphy Road and Precinct Line Road, spoke in opposition to the rezoning request and stated having concerns with the traffic. Commissioner Duffy questioned staff regarding the size of Murphy Road? Chris Fuller replied he would defer that question to the Engineering department. However, the local street standards are 31 feet. Donna Clearwater, 1012 W. Murphy Road, spoke in favor of the rezoning request. Delbert Campbell, 1012 W. Murphy Road, spoke in favor of the rezoning request. Marita Campbell, 1012 W. Murhpy Road, spoke in favor of the rezoning request. There being no one wishing to speak, the public hearing was closed at 7:25 p.m. Commissioner Duffy questioned staff regarding if the Phase II is what is being heard tonight. Chris Fuller replied correct, only the 22 lots of the development. Commissioner Phelps questioned staff if there is a discrepency regarding what is currently in place versus what is required for Murphy Road? Chris Fuller replied there may be mitigating requirements for the street that will require a traffic impact study and he stated the Engineering department could help with those answers regarding off site improvments. Commissioner Phelps stated this being a critical point in the approval of the Phase I development. Chris Fuller concurred and stated that being the case for this Phase II development, to provide the ingress and egress. Commissioner Duffy questioned staff if this Phase II development will provide the proper spacing on Murphy Road. Chris Fuller replied correct. Commissioner Dudziak questioned staff regarding if there have been any tree waivers as with the Phase I development? Chris Fuller replied the applicant has not requested any tree mitigation waivers for Phase II. Commissioner Dudziak questioned staff regarding if any amounts of open space have been reduced with this Phase II development? Chris City of Colleyville Page 4 Printed on 5/15/2007 Planning and Zoning Commission Minutes -Final April 23, 2007 Fuller replied no, if approved as recommended by staff. Commissioner Dudziak stated not being in favor of any tree mitigations as were done in the Phase I development. Chris Fuller replied staff made the applicant aware that the tree waivers that were granted for the Phase I development do not apply to the Phase II development. Commissioner Phelps moved to approve case Z-07-009. Commissioner Dudziak seconded. The motion carried by the following vote: Aye: 4 -Dudziak, Redfearn, Phelps, Duffy Absent: 2 -Taylor, Byerly 8b Approval of a Zoning Change from AG-Agricultural to R30-Single Family Residential on 6.4 acres out of the George W. Teeter Survey located at 1301 Glade Road, Case Z-07-013 Chris Fuller presented the case and briefed the Commissioners. Commissioner Dudziak questioned staff regarding if the estate lots are being faced on to Glade Road according to the Master Plan? Chris Fuller replied the Master Plan recommends estate lots along collector streets which Glade Road is an arterial road and the R30 zoning district would complete the estate lots. The Land Development Code allows builders to build on either side of a double frontage road. He stated the builder could face the home to Glade Road or the newly created street. Commissioner Dudziak stated that would need to be discussed the next time an update is made to the code. Commissioner Duffy opened the public hearing at 7:33 p.m. Ron Shirley, the applicant, came forward to present the case and brief the Commissioners and stated the feedback from the residents and the Planning and Zoning Commission was for a R30 rezoning. Commissioner Dudziak questioned Mr. Shirley regarding if the Lot 1 was going to face the new street? Mr. Shriley replied correct. Commissioner Dudziak questioned Mr. Shirley regarding what are the plans for the side of that lot to create the estate atmosphere? Mr. Shirley replied he is going to do a design similar to the Rockrimmon development. Commissioner Dudziak questioned Mr. Shirley regarding the fencing that will be along the street? Mr. Shirley replied they are going to have fencing similar to the Rockrimmon development. He stated those documents would be ready for the platting process. Commissioner Phelps questioned Mr. Shirley if the pond to the back of City of Colleyville Page 5 Printed on 5/15/2007 Planning and Zoning Commission Minutes -Final April 23, 2007 the subject property is included in this development? Mr. Shirley replied no, only the pond that is located within the property, to the front, is included in the development. Harold Whitten, 1209 Garry Lynne, stated being opposed to the R30 zoning request with issues regarding drainage. Steve Hickson, 1315 Glade Road, stated being opposed to the R30 zoning request with issues regarding the density and drainage. He stated a R40 zoning with a curved road would be a better development. Candy Grisso, 1205 Glade Road, spoke in opposition to the rezoning request with issues regarding drainage and density. There being no one wishing to speak, the public hearing was closed at 7:46 p.m. Commissioner Dudziak geustioned staff regarding if there was ever an easement that would allow access from Riverwalk to the Lakes of Somerset? Chris Fuller replied the property is not platted. He stated there may be a seperate instrumerit that was filed with the county that the city does not have record of having. Commissioner Duffy geustioned staff if there were easements on this property, what is the impact when filing something new. Chris Fuller replied the easements would be on the plat that would be presented to the Commission unless they were removed. Commissioner Duffy questioned who would do the research on those documents? Chris Fuller replied the applicant's title company. Commissioner Duffy questioned staff regarding the land to the east, how much land is there and could that property owner use this new road as a common road? Commissioner Duffy stated having issues with the adjacent property owner coming in and replatting his property so that his development could use this road. Chris Fuller replied he could potentially do so. There would be frontage along a public road. Commissioner Redfearn questioned Mr. Shirley regarding what is the rational regarding the placement of the road, could there have been curvatures in the road? Mr. Shirley replied the plat will have all of the design features and it will be in compliance with code. The placement of the road is to preserve the trees. He stated being confused with the neighbors, at first they wanted R30 now they are wanting R40. Commissioner Phelps questioned if the retention pond had been considered to be put in the front of the development? Mr. Shirley replied his engineers stated that being the best place for the dention pond. City of Colleyville Page 6 Printed on 5/15/2007 Planning and Zoning Commission Minutes -Final April 23, 2007 Commissioner Phelps questioned Mr. Shirley regarding the drainage to the back of the property? Tom Hoover, Hoover Engineering, came forward to answer questions regarding drainage and stated zone X is shown on the FEMA panels as an unstudied creek and they anticipate that area to have less than one foot of water, usually spread out. He stated there may be a need fora 25 foot earthen Chanel that will take the water to the rear of the property. Commissioner Dudziak questioned Mr. Hoover regarding if the engineers for the Lakes of Somerset have been contacted? Mr. Hoover replied Commissioner Duffy questioned Mr. Hoover regarding how will the water be accepted? Mr. Hoover replied through underground chanels to his detention pond. He stated his pond will release water as though it were six acres of grass . He stated the Riverwalk water comes across to his property, but it will be controlled and released to where it is suppose to go. Commissioner Duffy questioned Mr. Hoover regarding the easements that are on this property? Mr. Hoover replied the surveyor did not pick up on any trail easements on that property. Commissioner Redfearn moved to approve case Z-07-013. Commissioner Dudziak seconded. Commissioner Redfearn stated the most immediate surrounding property is zoned R20. The movement of the zoning to R30 is a nice compromise and is consistent with the zoning that is envisioned for estate lots and a less dense package than the previous proposal. Commissioner Phelps stated the drainage is an issue and the nature and design of the road leads to a future development adjacent to this property. However, the developer has made an effort to improve from the previous proposal. Commissioner Duffy stated a 20 foot swell will move a lot of water. But he stated having a concern with the adjacent property developing into this single collector road. Commissioner Duffy questioned City Attorney Kallas regarding if the vote is not unanimous, can the applicant take it to City Council as is? City Attorney Kallas replied the options being there could be a vote to deny or ask the applicant if a motion to table until all of the Planning and Zoning Commissioners are available for the meeting to receive a favorable vote. Commissioner Dudziak did not agree with Commissioner Redfearn and City of Colleyville Page 7 Printed on 5/15/2007 Planning and Zoning Commission Minutes -Final April 23, 2007 stated the Master Plans objectives were to face the estate homes toward Glade Road, to have the estate feel throughout the City. The motion failed by the following vote: Aye: 2 -Dudziak, Redfearn Nay: 2 -Phelps, Duffy Absent: 2 -Taylor, Byerly Commissioner Duffy questioned Mr. Shirley regarding if he would accept to table this item at this time? Mr. Shirley replied he would take the request to City Council. 8c Approval of a Zoning Change from CC1-Village Retail to PUDR-Planned Unit Development Residential on 4.4 acres on Lots 1 and 2, Block 1 of the Garden Addition located at 5505 Pleasant Run Road, Case Z-07-014 Chris Fulller presented the case and briefed the Commissioners. Commissioner Duffy questioned staff regarding the cul-de-sac and the floodplain area? Chris Fuller replied the applicant's engineers are available for questions. Commissioner Duffy opened the public hearing at 8:13 p.m. Commissioner Duffy reminded the audience that this zoning case as well as the platting case, P-07-020, could be discussed at this time. However, two seperate votes would be made for each of the cases. Curtis Cogburn, the applicant, and Kevin Kessler, the engineer, came forward to present the case and brief the Commissioners. Mr. Kessler explained this property is not in the FEMA floodplain. Commissioner Duffy questioned staff regarding if the water absorption is increased or decreased more or less than it is now, would not the flow be increased into the creek? Chris Fuller replied referring the technical hydrology questions to the engineering department. Mr. Kessler replied there is a lot of commercial structure, concrete, currently on the site. Commissioner Duffy questioned Jeremy Hutt, Project Engineer for the City of Colleyville regarding the effects of the water down stream, has it been considered? Jeremy Hutt replied the actual drainage analysis showed no additional drainage amount due to the fact the existing conditions are going to be discharging more than the proposed condition. Commissioner Dudziak questioned Mr. Cogburn regarding if thought has been considered regarding using the same standards with the Village? Mr. Cogburn replied no, but stated not being opposed to doing so. City of Colleyville Page 8 Printed on 5/15/2007 Planning and Zoning Commission Minutes -Final April 23, 2007 Commissioner Dudziak questioned staff regarding if the Village ordinance had been amended to include additional residential units? Chris Fuller replied currently there are no residential units in the CC1 zoning district. He stated the Village at Colleyville is aPUDR-Planned Unit Development Residential that has a residential component with a mixed use development. Commissioner Dudziak questioned staff if anything can be done to have the two developments coordinate the standards? Chris Fuller replied this being a PUDR request, the Commission can make a recommendation to City Council regarding any standards that may be applicable. Commissioner Dudziak questioned Mr. Cogburn regarding what is the distance between the end of the lot to the back of the property? Mr. Cogburn replied it finishing in the middle of the creek. Commissioner Dudziak questioned Mr. Cogburn regarding how much is usable space? Mr. Cogburn replied 50-60% usable open space with an amenitie center. Commissioenr Dudziak quesitoned Mr. Cogburn if there were going to be any adjustments made to the creek bed? Mr. Cogburn replied no, only cleaning up the underbrush in the area. Commissioner Duffy questioned Mr. Cogburn regarding if the HOA documents are ready? Mr. Cogburn replied those documents are in the preliminary stages but the HOA will be mandatory. Commissioner Duffy geustioned Mr. Cogburn if the slip street will be maintained by the HOA? Mr. Cogburn replied yes. Commissioner Dudziak questioned Mr. Cogburn if the slip street will be private? Mr. Cogburn replied yes, it will be maintained by the HOA. Mr. Kessler replied the slip street was installed for restricted access, being two points of access. It will look and feel like a driveway, not a city street. Commissioner Redfearn questioned Mr. Kessler if the cul-de-sac's size is to utilize the open space? Mr. Kessler replied correct. Commissioenr Redfearn quesitoned Mr. Kessler if the spacing between the homes is 10 feet? Mr. Keesler replied correct. Commissioner Dudziak questioned Mr. Cogburn if he would have an issue with suggestions regarding coordinating the design features of the development with the Village? Mr. Cogburn replied not at all. Commissioner Duffy geustioned City Attorney Kallas if those City of Colleyville Page 9 Printed on 5/15/2007 Planning and Zoning Commission Minutes -Final April 23, 2007 recommendations can be suggested in the ordinance that will go to City Council? City Attorney Kailas concurred. Commissioner Redfearn questioned staff regarding the average lot size being 5,000 square feet? In terms of comparible developments in the city, it seems this would be on the smaller end. Chris Fuller replied there is one development that is smaller than this project, this project would be the second smallest. Chris Fuller suggested to the Commission to give specific design standards for staff to incorporate into the ordinance. Commissioner Dudziak questioned staff regarding where will Church street be realigned? Chris Fuller replied the portion that is being realigned will not affect this property. Commissioner Redfearn questioned Fire Marshal Rob McKeown regarding the cul-de-sac, the fire department would need the 100 foot radius to comply with fire code? Marshal McKeown replied it would need to be a 50 foot radius, 100 foot diameter. Commissioner Dudziak questioned, staff, referring to Economic Development Manger, Scott Welmaker, if by changing the zoning of this property, would the city be mitigating potential businesses? Chris Fuller replied not being able to speak for Scott Welmaker, however, he was able to review this project and did not have any reservations regarding this zoning. Mike Marshall, 5707 Hidden Oaks Trail, President for Hidden Oaks Estates, spoke in favor of the rezoning request and stated liking the garden homes. Bruce Crandall, 5412 Pleasant Run Road, spoke in favor of the garden homes but stated having concerns regarding the small lot size and the number of entry ways on Pleasant Run Road. There being no one wishing to speak, the public hearing was closed at 8:53 p.m. Commissioner Dudziak stated he would encourage stucco facades and the roofs; the same flavor as the Village. Commissioner Phelps stated the presentation for rock facade looks good but he stated it not being beneficial for it all to look the same, the Village and this development. Commissioenr Redfearn stated people have a preference to how their City of Colleyville Page 10 Printed on 5/15/2007 Planning and Zoning Commission Minutes -Final April 23, 2007 new home is constructed or how it looks. He stated being hesitant to restricting the design features. Commissioner Duffy stated not wanting everything stucco or to dictate to a builder regarding what type of roof to use, he stated this project will stand on it's own. He stated this will bring more customers to the Village development. Commissioner Dudziak stated this being the highest density of any other development in Colleyville. He questioned Mr. Cogburn if any other zoning districts have been considered? Mr. Cogburn replied yes, but this is the best design for this property. Discussion occured between Commissioner Phelps and Mr. Cogburn regarding different street and lot designs. Commissioner Phelps stated this seems to be appealing to the neighbors. Commissioenr Duffy questioned staff for clarity that there is not any R10 zoning. Chris Fuller concurred. Commissioner puffy questioned staff regarding Church Street and Pleasant Run improvements, when will it start? Chris Fuller replied some time later this year but do not have a date certain, it is still in the design stages. Commissioner Duffy moved to approve case Z-07-014. Commissioner Phelps seconded. Commissioner Dudziak stated he would like to hear from Scott Welmaker, Economic Development Manager, regarding the commercial property. He stated this project seems to fit in this area. Commissioner Redfearn stated having concerns regarding loosing the commercial zoning for this corner property. However, he also stated there is not a lot of room in this configuration, but this is a positive change from what is currently on the property. Commissioner Phelps stated this being the best application for residential on this lot and maybe some one could come in and develop with something bigger. The other alternative is for commercial, but it is off of the main strip. The motion carried by the following vote: Aye: 4 -Dudziak, Redfearn, Phelps, Duffy Absent: 2 -Taylor, Byerly City of Colleyville Page 11 Printed on 5/15/2007 Planning and Zoning Commission Minutes -Final April 23, 2007 9. STAFF COMMENTS, REPORTS AND DISCUSSION ITEMS Chris Fuller reminded the Commissioners that the next meeting is on May 14th. He also thanked the Commissioners that were present. 10. COMMISSIONERS' COMMENTS AND REPORTS Commissioner Dudziak stated he would not be present for the May 14th meeting. 11. ADJOURNMENT The meeting adjourned at 9:09 p.m. I hereby certify the above agenda was posted on the bulletin boards at City Hall on Friday, April 20, 2007 by 12:00 p.m. Amy Shelley, Planning and Zoning Assistant Meeting minutes approved on May 14, 2007. City of Colleyville Page 12 Printed on 5/15/2007