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HomeMy WebLinkAboutPlanning and Zoning Commission-Minutes-8/27/2007~` City of Colleyville Minutes -Final r.:~a» 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 City of Colleyville Page 1 Printed on 9/11/2007 Planning and Zoning Commission Minutes -Final August 27, 2007 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 City of Colleyville Page 2 Printed on 9/11/2007 Planning and Zoning Commission Minutes -Final August 27, 2007 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 City of Colleyville Page 3 Printed on 9/11/2007 Planning and Zoning Commission Minutes -Final August 27, 2007 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. City of Colleyville Page 4 Printed on 9/11/2007 Planning and Zoning Commission Minutes -Final August 27, 2007 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 City of Colleyville Page 5 Printed on 9/11/2007 Planning and Zoning Commission Minutes -Final August 27, 2007 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 City of Colleyville Page 6 Printed on 9/11/2007 Planning and Zoning Commission Minutes -Final August 27, 2007 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. City of Colleyville Page 7 Printed on 9/11/2007 Planning and Zoning Commission Minutes -Final August 27, 2007 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 City of Colleyville Page 8 Printed on 9/11/2007 Planning and Zoning Commission Minutes -Final August 27, 2007 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. City of Colleyville Page 9 Printed on 9/11/2007 Planning and Zoning Commission Minutes -Final August 27, 2007 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, City of Colleyville Page 10 Printed on 9/11/2007 Planning and Zoning Commission Minutes -Final August 27, 2007 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. City of Colleyville Page 11 Printed on 9/11/2007