HomeMy WebLinkAboutPlanning and Zoning Commission-Minutes-8/27/2007~` 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, August 27, 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
DISCUSSION OF PREVIOUS MEETING MINUTES
REGULAR MEETING
7:00 P.M.
1. CALL TO ORDER
2. ROLL CALL
The Planning and Zoning Commission meeting of the City of Colleyville
was called to order by Chairman Byerly on August 27, 2007 at 7:05 p.m.
Present: Commissioners Larry Knox, Dave Dudziak, Scott Redfearn,
Mary Taylor, David Phelps, Denis Duffy, Jeff Byerly
Staff Present: Ron Ruthven, Chris Fuller, Rob McKeown, Jeremy Hutt,
Steve Chutchian and Amy Shelley
3. INVOCATION
The invocation was given by Commissioner Duffy.
4. PLEDGE OF ALLEGIANCE
5. APPROVAL OF MINUTES
Commissioner Redfearn moved to approve the August 13, 2007 meeting
mintues as written. Commissioner Phelps seconded.
The motion carried by the following vote:
Aye: 7 -Knox, Dudziak, Redfearn, Taylor, Phelps, Duffy, Byerly
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6. CITIZEN COMMENTS REGARDING ITEMS NOT ON THE AGENDA
None
7. REGULAR AGENDA ITEMS
7a Approval of a Minor Plat for Lots 1 and 2, Block 1 of the Beden Addition
on 3.0 acres in the S.C.H. ~Iton Survey located at 2313 Glade Road,
Case P-07-046
Ron Ruthven presented the case and briefed the Commissioners.
Commissioner Duffy questioned staff regarding if the applicant has
submitted any site plan showing were the fire lane and turn around will
be built? Ron Ruthven replied no.
Commissioner Duffy questioned staff regarding if there had been any
follow up for safety? Ron Ruthven replied the applicant was made
aware of the fire department concerns through the Development Review
Committee Memos and also by telephone.
Consolata Bryant and her architect, Andy, came forward to present the
request and brief the Commissioners.
Commissioner Duffy stated there is a 40 foot circle on the exhibit, but 50
foot is required. He stated the exhibit indicates a 24 foot wide driveway.
He stated the code requires the driveway to be stressed at 65,000
pounds. Commissioner Duffy questioned Mr. Andy regarding if the
driveway will hold 65,000 pounds for the fire truck? Mr. Andy stated they
are hoping to do asphalt paving. Commissioner Duffy stated as long as
it will hold a 65,000 pound fire truck. Mr. Andy stated it would meet
those requirements as well as the 50 foot turning radius requirement.
Mr. Andy stated Ms. Bryant is asking if the 24 foot wide drive could be
reduced in width because of the costs. Commissioner Duffy stated the
fire truck will not fit less than 24 feet. Mr. Andy stated the fire truck is
only six or eight feet wide, at most.
Commissioner Knox questioned Mr. Andy regarding what how is the road
going to be constructed? Mr. Andy replied asphalt.
Commissioner Dudziak questioned Mr. Andy regarding how wide is the
proposed driveway? Mr. Andy stated they could do 12 or 14 feet. He
stated there is a 50 foot turning radius at the end of the driveway. Ms.
Bryant stated she understood the Commission is concerned about
safety, but this is a private driveway. She stated the cost of a 24 foot
road will kill the project.
Commissioner Byerly questioned Fire Marshal McKeown regarding how
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wide does the driveway need to be to get the fire truck down it? Marshal
McKeown replied 24 feet wide would be required and it is not within the
powers of the Fire Marshal's office to grant any waivers or variances
from that. Commissioner Byerly stated the 24 foot width is what is
required for safety.
Mr. Andy stated other properties in the area have done what they are
proposing to do. He stated they are asking for a waiver to be able to
complete their project.
Commissioner Taylor questioned if there is any way that this could be
done from the back of this property off of Patterson? Ms. Bryant stated
the properties to the back are not willing to sell for the purpose of
access.
Commissioner Dudziak questioned staff regarding what is the width of
the panhandle portion of the lot? Ron Ruthven replied 57 feet.
Commissioner Redfearn stated this being the problem with flag lots,
there is no way to the back of the lot other than Glade Road and without
a willingness on the applicant to meet the minimum requirements.
Commissioner Byerly questioned staff regarding the plat does not
indicate a fire lane? Ron Ruthven concurred and stated fire lanes are
not typically indicated on residential plats.
Commissioner Byerly questioned staff if the plat is approved as it has
been submitted, there are not any waivers being approved? Ron
Ruthven replied the Commission would be approving a waiver to the flag
lot provision. He stated the fire lanes would be addressed during the
building permit process.
Commissioner Dudziak questioned if 24 foot wide access is needed for
the passing of trucks? Marshal McKeown replied it does not give space
to pass, just working space for ladders and equipment.
Commissioner Dudziak questioned staff if it would be acceptable if the
applicant is willing to give a 14 foot wide driveway, built with stressed
concrete or asphalt to withstand 65,000 pounds and willing to do
something such as crushed gravel with the other 10 feet? Marshal
McKeown replied crushed gravel would not be acceptable, it would have
to be an all weather material that will not wash away. He replied there
are some of these type lots around town, however, he stated in his
professional opinion, 24 feet wide with an all weather surface able to
support 65,000 pounds is acceptable.
Commissioner Phelps stated there is a prohibition on flag lots for this
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reason. He stated this is an exception on top of an exception.
Commissioner Duffy moved to deny case P-07-046. Commissioner
Redfearn seconded.
Commissioner Dudziak stated there needs to be something in place to
resolve some of these issues, especially if the applicant is bringing in a
fire hydrant.
Commissioner Duffy stated the building codes are in good shape and
this should not be approved by making accommodations.
Commissioner Byerly concurred with Commissioner Duffy and stated this
property was bought before the applicant came to the City to see what
could be done as far as subdividing the property.
Commissioner Taylor stated safety is of the utmost concern.
Commissioner Phelps questioned Ms. Bryant if the 24 foot wide driveway
is completely out of reach? Ms. Bryant stated this will kill the project and
now we will not be able to develop any of the other properties we have in
Colleyville. Mr. Andy stated this being unobtainable at this point.
The motion carried by the following vote:
Aye: 7 -Knox, Dudziak, Redfearn, Taylor, Phelps, Duffy, Byerly
8. PUBLIC HEARING AGENDA ITEMS
8a Consider an amendment to the Master Thoroughfare Plan to remove
Heritage Avenue from Glade Road to Cheek Sparger Road, Case
G-07-016
Commissioner Byerly stated this item 8a and 8b would be combined for
discussion, however, separate votes would be made for each.
See the discussion for this item listed with 8b.
Commissioner Byerly moved to table case G-07-016 until such a time as
staff can schedule a workshop. Commissioner Phelps seconded.
Commissioner Phelps thanked the citizens for coming forward and
making comments and suggestions. He stated the future of Heritage
Avenue will need to be reviewed further.
Commissioners Byerly and Taylor concurred with Commissioner Phelps.
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The motion carried by the following vote:
Aye: 7 -Knox, Dudziak, Redfearn, Taylor, Phelps, Duffy, Byerly
gp Approval of a zoning change from AG-Agricultural to PUDR-Planned Unit
Development Residential on 108.5 acres out of the Elizabeth Cox
Survey, John H. Havens Survey and the Jesse Doss Survey located in
the 4900 block of Heritage Avenue, Case Z-07-008
Ron Ruthven presented the cases and briefed the Commissioners.
Commissioner Duffy questioned staff regarding what are the differences
between what is seen here tonight and what was seen in March? Chris
Fuller suggested letting the applicant present the request, at that time
questions could be asked regarding any discrepancies seen.
Commissioner Byerly opened the public hearing at 7:44 p.m.
Buddy Shephard, the applicant, came forward to present the request and
brief the Commissioners.
Commissioner Duffy questioned Mr. Shephard regarding what are the
differences between the submitted plan in March and this plan? Mr.
Shephard replied there were a lot more townhomes proposed but with
visits to the adjacent development, Woodland Hills, he stated he reduced
from 318 to 246.
Commissioner Taylor questioned Mr. Shephard regarding what type of
retail is planned? Mr. Shephard stated he does not have any retail in
mind.
Commissioner Taylor questioned Mr. Shephard regarding when was the
application submitted? Mr. Shephard replied the application was filed in
February 2007 to be placed on a March agenda. He stated he has been
working for over two years on this project.
Commissioner Phelps questioned Mr. Shephard regarding if he is
concerned about the retail in the northeast corner of this property
abutting residential in this development? Mr. Shephard replied no
because of the screening that will be in place. He stated he is opposed
to having his residents exit and enter this development from Heritage
Avenue and see the loading dock operations and the general traffic from
the back side of the Target building.
Commissioner Phelps questioned Mr. Shephard regarding why has the
retail been limited to just that northeast corner, why not extend the retain
further down Heritage Avenue? Mr. Shephard replied his assessment
for the retail in this area is 3rd or 4th tier retail market, not desirable for
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this area. Mr. Shephard replied this property is worth about 40% of
value residential opposed to retail with all of the other retail in front of
this development.
Commissioner Duffy questioned Mr. Shephard regarding the discussions
held with Euless for the southern retail, what has been discussed with
Colleyville regarding the realignment of Colleyville boundaries to include
the southern retail so that Colleyville may get some of the retail tax
revenue? Mr. Shephard replied he talked with both of the City Managers
and asked if it was feasible between the two parties; but has not
received a firm answer. He stated he has not pursued how the city limits
will be, both have said it is conceivable.
Commissioner Phelps questioned Mr. Shephard regarding what impact
to this design in general, would happen if Heritage Avenue were to
remain there in some modified form? Mr. Shephard replied if it were to
remain as a 50 foot of right of way as it is today, he stated he would not
have to revise the design, however if it were to be an 80 foot right of
way, he stated he would loose a bunch of lots. Commissioner Phelps
questioned if it would change the street configurations? Mr. Shephard
replied the northern street configuration would be what is seen today.
Commissioner Dudziak questioned Mr. Shephard regarding if 80 foot of
right of way was to be required, then there might be a high density in
certain areas to accommodate those lots that were taken in the
expansion, could 80 feet be acceptable? Mr. Shephard replied no it
would not, he stated this plan has evolved from the coordination of the
neighbors and has been accepted by them. He stated he would not
increase the density from what has been put in place.
Commissioner Dudziak stated eliminating the Heritage Avenue access
would eliminate access to the people going back and forth to the schools
on Heritage Avenue. Commissioner Dudziak questioned Mr. Shephard
regarding how can this corridor be removed knowing that the traffic
patterns are going to be increased on some of the adjacent streets, that
are already overburdened? Mr. Shephard stated having an issue
connecting to two lanes running east and west with a four lane at the
edge of town. He stated he made an offer to everyone stating if Heritage
Avenue were to remain as a 50 foot right of way, Heritage Avenue could
remain as a two lane road. He stated not wanting the 80 foot right of
way because of the future cost involved. He stated no one wants to live
next to a four lane road with the traffic coming from Euless, only 19%
comes from Colleyville.
Commissioner Redfearn questioned Mr. Shephard regarding the
residential lots are depicted on the exhibits presented? Mr. Shephard
replied yes and explained the exhibits and lot configurations. He stated
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not taking the engineering far enough along to know what areas in the
floodplain could be developed.
Commissioner Redfearn questioned Mr. Shephard if it is that Heritage
Avenue is not needed or that the 80 foot right of way eats up so much of
the land that it makes the proposed project not workable? Mr. Shephard
stated both, only two lanes are needed, therefore it only needs to be a
50 foot of right of way. Mr. Shephard stated his development contributes
to only about 19% of the traffic generated on that road, for the future.
He stated if he had to contribute to his extent of his involvement, it would
not even be 50 feet. Commissioner Redfearn stated if the 50 foot right
of way is approved, then could you do what you are proposing? Mr.
Shephard concurred, but that is not his preference, but he stated could
still develop.
Commissioner Duffy questioned Mr. Shephard on comment 3, on the
response dated March 1, states you request to review the staff report
and ordinance before the public hearing; has this been done? Mr.
Shephard replied no, he did not seen any staff reports until he answered
the comments on August 16th.
Commissioner Duffy states staff comments that on the northern end of
Heritage Avenue behind the Target building, this property to have retail
extended down to the end of Target. Commissioner Duffy questioned
Mr. Shephard regarding his comment to that? Mr. Shephard replied he
never saw anything in writing that recommended that. He stated he may
have talked to staff regarding office space, but he has not seen it in
writing.
Commissioner Duffy restated comment 32, on the March 1 response
letter, "As noted, the intention of the open space is not to allow for more
than 25% of the total common open space area for storm water
detention, which is part of the code, but there should be no restriction on
the 100 year floodplain or floodway, FEMA or otherwise, located within
the proposed open space. If there is a discrepancy between 100 year
floodplain and areas defined as storm water detention, then a waiver to
the 25% rule is hereby requested." Mr. Shephard stated the full
drainage study has not been done on Little Bear Creek to exactly figure
out the needs for detention ponds. He stated not wanting to spend
$250,000 dollars on an engineering study when the property is not even
zoned. Commissioner Duffy stated it is being asked of the Commission
to give an open zoning without even knowing about the study.
Commissioner Duffy stated Mr. Shephard is asking for a waiver to break
the code requirements. Mr. Shephard replied his intention is not to break
any of the rules and regulations that are contained within the City's
ordinances concerning the development of this property.
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Commissioner Duffy questioned Mr. Shephard if conversations with
Prestwick Park regarding south and east water problems have been
discussed and will this development cause the water to backup? Mr.
Shephard replied no, this development will not cause water to backup.
John Gray, 3300 Pembrooke Parkway South, City Liason, Woodland
Hills HOA, and states they support the zoning change to allow for
residential use. He stated Heritage Avenue needs to be looked more
fully.
Rick Miller, 3605 Wexford Court, President of Prestwick Park HOA,
stated the applicant has worked very well with the neighbors. He stated
they are in support of closing Heritage Avenue. He stated a 50 right of
way is adequate. He stated they would like to have a 30 foot buffer
between the residential properties, he thinks 20 foot is required. He
stated they are opposed to having a cut through or stub out street for this
development in Prestwick Park. He stated one outlet onto Glade and
one outlet onto Heritage Avenue did not seem like an issue.
Doug Baron, 3402 Cambridge Court, thanked Mr. Shephard and stated if
there is a demand, it will not be satisfied. He stated he supports the
traffic impact analysis recommendation in the packet. He stated there
needs to be an alternate north and south thoroughfare in the event of a
flood. He stated Heritage Avenue next to the schools are developed
very nice. He stated the demand is with the schools. He stated this is a
great opportunity for Heritage Avenue to be developed and an access for
the people that service that area.
Rebecca Hall, 4916 Prestwick Drive, thanked Mr. Shephard and spoke in
favor of both closing Heritage Avenue and the project. She stated the
benefit of the road will benefit Euless. She stated the residential aspect
would enhance Colleyville.
Robert Bruton, 3303 Middleton Way, stated a lot more cars would go
down Heritage Avenue if Heritage Avenue were improved. The traffic
would then be directed to Martin Parkway, really not solving any issues.
Bruce Morris, 4708 Prestwick Drive, thanked Mr. Shephard, and stated
this being the first time that he felt there would be some resolution to this
area. He stated not wanting to pay for the upgrade of the road to service
the Euless developments. He stated not supporting the stubbing of
Winewood to this development. He stated he supported the closing of
Heritage Avenue as long as there is some sort of green belt buffering
this development from Euless.
Kathleen Kelly Lincoln, 4101 Lexington Parkway, spoke in opposition to
the request and stated she wanted the land to be developed as a golf
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course or park. She stated she would like to see Heritage Avenue stay
open.
Terry Hanson, 4904 Prestwick Drive, thanked the Commissioners and
stated the Commission has listened to the citizens. He stated he
supports the zoning request. He stated the Euless traffic needs to stay
in Euless and stated supporting the closing of Heritage Avenue. He
stated closing Heritage Avenue would help to support the downtown
businesses in Colleyville.
Gary Malone, 4605 Winewood Court and 4609 Winewood Court, stated
Mr. Shephard has spent a lot of time with our neighborhood. He stated
he supports closing Heritage Avenue. He stated being in support of the
residential development that Mr. Shephard is presenting. He stated he
wants a 30 foot buffer between the two developments. He stated not
being in support of the stub out in Prestwick Park to this development.
Richard Watson, 3410 Bowden Hill Lane North, spoke in favor of the
request for a residential development. He stated he does not want
Heritage Avenue to close because Martin Parkway floods.
Terry Barr, 3612 Cotswold Court, concurred with Mr. Malone. He stated
he would support a 30 foot buffer between the residential developments.
He stated not wanting lots being built up and having the water flow to his
property and he wishes to keep the stub out closed to the new proposed
development. He stated if closing Heritage Avenue is what needs to be
done to get this development, then he stated he supports it as well.
Bill Barnard, 3613 Wexford Court, spoke in favor of the request and
stated he knew this property would develop and the closing of Heritage
Avenue is good. He stated not wanting the City of Colleyville to build
Heritage Avenue when the traffic is coming from Euless. He stated
having concerns for the drainage if the properties are built up behind his
property. He stated being in favor of the 30 foot setback between the
properties.
Christopher Hall, 4916 Prestwick Drive, stated being in favor of the
request and stated having issues with the development of Heritage
Avenue to serve the Euless traffic, however, if the City of Euless is willing
to help pay for the construction cost, then he would support it.
Jerry Wood, 3613 Cotswold Court, stated being in favor of the
development. He stated he does not support the 10 foot setback
between the developments. He stated he does support a 30 foot
setback between the developments. He stated Heritage Avenue only
needs a 50 foot right of way.
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Sharon Baron, 3402 Cambridge Court, stated she has not received
anything from the Woodland Hills HOA regarding support. She stated
this project has a lot of potential, but it is not there yet, the density of this
project could be reduced. She stated the open space needs to be
increased. She stated the health and safety of the residents is in danger
regarding traffic. The school district will be impacted heavily. She
requested to bring the density down to something that is responsible.
Ron Rickman, 3604 Cotswold Court, concurred with Prestwick Park by
being in favor of both. He questioned if Heritage Avenue could be
moved into Euless since 80% of the traffic is in Euless also, Euless
needs to pay for the cost of Heritage Avenue.
There being no one wishing to speak, the public hearing was closed at
9:08 p.m.
Commissioner Byerly questioned Mr. Shephard if it is still his desire for
the Commission to table these items and have a workshop to be able to
go over all of the details? Mr. Shephard stated he would like to move
forward as quickly as possible, but willing to do the wishes of the
Commission.
Commissioner Byerly questioned staff if the public will have to be
notified? Chris Fuller replied if the Commission were to continue to a
date certain, there will not have to be notices sent, however, if not
continued to a date certain, those notices will have to be sent stating the
time, place and date in accordance with State law which requires 7 0
days advanced notice.
Commissioner Byerly moved to table case Z-07-008 until such a time as
staff can schedule a workshop. Commissioner Knox seconded.
Commissioner Taylor questioned the Commission if she could suggest a
potential date? Commissioner Byerly stated not knowing his schedule at
this time.
Commissioner Phelps questioned staff if this item is being tabled or
continued? Commissioner Byerly stated it is not continued to a date
certain, so it is tabled.
The motion carried by the following vote:
Aye: 7 -Knox, Dudziak, Redfearn, Taylor, Phelps, Duffy, Byerly
9. STAFF COMMENTS, REPORTS AND DISCUSSION ITEMS
Chris Fuller requested that if the Commissioners have any documents or
comments regarding the items that will be scheduled for the workshop,
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please forward those items to staff as soon as possible so that staff may
address them in a timely manner.
10. COMMISSIONERS' COMMENTS AND REPORTS
None
11. ADJOURNMENT
The meeting adjourned at 9:17 p.m.
I hereby certify the above agenda was posted on the bulletin boards at City Hall
on Friday, August 24, 2007 by 5:00 p.m.
Amy Shelley, Planning and Zoning Assistant
The meeting minutes were approved on September 10, 2007.
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