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HomeMy WebLinkAboutPlanning and Zoning Commission-Minutes-9/24/2007'~¢ "' ~' City of Colleyville -y M~•~ ~ •_t -. W1 Minutes -Final ~~.,' Planning and Zoning Commission 100 Main Street Colleyville, Texas 76034 (817) 503-1000 www.colleyville.com Monday, September 24, 2007 7:00 PM City Council Chambers 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 The Planning and Zoning Commission meeting of the City of Colleyville was called to order by Chairman Byerly on September 24, 2007 at 7:05 p.m. 2. ROLL CALL Present: Commissioners Larry Knox, Dave Dudziak, Scott Redfearn, David Phelps, Denis Duffy, Jeff Byerly Absent: Commissioner Mary Taylor Staff Present: Ron Ruthven, Chris Fuller, Jeremy Hutt, Rob McKeown and Amy Shelley 3. INVOCATION The invocation was given by Commissioner Dudziak. 4. PLEDGE OF ALLEGIANCE 5. APPROVAL OF MINUTES Commissioner Duffy moved to approve the September 10, 2007 meeting minutes as written. Commissioner Phelps seconded. The motion carried by the following vote: Aye: 6 -Knox, Dudziak, Redfearn, Phelps, Duffy, Byerly Absent: 1 -Taylor City of Colleyville Page 1 Printed on 10/9/2007 Planning and Zoning Commission Minutes -Final September 24, 2007 6. CITIZEN COMMENTS REGARDING ITEMS NOT ON THE AGENDA None 7. PUBLIC HEARING AGENDA ITEMS 7a Approval of a replat for Lot 3R1 - 3R4, Block 2 of the Riverwalk at Colleyville Addition being Lot 3, Block 2 of the Riverwalk at Colleyville Addition located at 1128 Glade Road, Case P-07-047 Ron Ruthven presented the case and briefed the Commissioners. Commissioner Byerly opened the public hearing at 7:15 p.m. Larry Stewart, the applicant, came forward to present the case and brief the Commissioners. There being no one wishing to speak, the public hearing was closed at 7:16 p.m. Commissioner Dudziak moved to approve case P-07-047. Commissioner Redfearn seconded. The motion carried by the following vote: Aye: 6 -Knox, Dudziak, Redfearn, Phelps, Duffy, Byerly Absent: 1 -Taylor 7b Approval of a request for a zoning change from CC1-Village Retail to PUDC-Planned Unit Development Commercial on Lots 5 and 6, Block 1 of the Thompson Terrace Addition located at 5101-5105 Colleyville Boulevard, Case Z-07-025 Ron Ruthven presented the case and briefed the Commissioners. Commissioner Dudziak questioned staff regarding what is the use of the concrete wall on the property? Ron Ruthven stated the concrete wall has no current use, a wall with a gate, enough to park a vehicle behind the gate. Commissioner Phelps questioned staff regarding the traffic demands generated for an in house seating facility, what is the estimate of traffic for this facility? Ron Ruthven stated those are estimates for facilities with no in house seating. Commissioner Byerly opened the public hearing at 7:20 p.m. Evans and Christy Shaw, the applicants, came forward to present the case and brief the Commissioners. Trip Buchwald, the property owner, City of Colleyville Page 2 Printed on 10/9/2007 Planning and Zoning Commission Minutes -Final September 24, 2007 came forward as well. Mrs. Shaw stated they do not have any seating area planned at this time and questioned staff regarding the number of parking spaces required? Ron Ruthven replied three would be required. Mrs. Shaw stated she could meet that requirement. Mrs. Shaw questioned staff if they would like her to remove the brick wall? Ron Ruthven replied staff has concerns regarding the setback off of SH26 and the building was closer than 40 feet from the right of way of the street. He stated if the wall were to be removed, the building could be moved further back from the street. Mr. Shaw explained the traffic queuing for the facility and stated there would not be more than three cars stacked at one time on either side of the building. He stated the parking spaces could be re-designed to meet the required parking. Mr. Buchwald stated he has looked for a lot of opportunities for this property but has been unsuccessful, therefore he stated he supports this proposal. Commissioner Duffy stated from a safety point of view, the building needs to be moved further back from SH26 and parallels it to SH26, to be able to get the traffic out of the way. He stated the wall could come down and the facility could be moved back. Commissioner Duffy questioned Mr. Buchwald regarding if TxDot had been contacted regarding the two entrances? Mr. Buchwald stated TxDot would allow a second ingress/egress if he were to pay for it. Commissioner Duffy questioned what are the distances between the two ingress/egress entrances? Mr. Buchwald replied not knowing exactly. He stated there will not be left turn from SH26 in the north entrance because of the turning lane. Commissioner Dudziak questioned the applicant regarding the additional seating to be added? He stated that may require amending the PUD. Mrs. Shaw stated a possible seating area to the back of the property that would not require any additional structures. Commissioner Phelps questioned Mrs. Shaw if the shaded areas represent the brick wall? Mrs. Shaw stated the dotted lines represent the concrete wall. Commissioner Phelps questioned Mrs. Shaw regarding what are the shaded areas on the drawing representing? Mrs. Shaw replied she thought it was three parking spaces, but it appears that it may be the handicap space. Commissioner Phelps stated having concerns for the queuing of traffic with regards to the placement of the building. He stated not being able to support the request with the placement of the building. City of Colleyville Page 3 Printed on 10/9/2007 Planning and Zoning Commission Minutes -Final September 24, 2007 Commissioner Redfearn questioned Mr. Buchwald regarding what options have been considered for this property? Mr. Buchwald stated when he purchased the property; there was a special use permit on the property to allow for car sales, which has now expired. Commissioner Redfearn questioned Mrs. Shaw regarding what are the differences between the existing zoning and the zoning that is being requested. Mrs. Shaw replied the setback, minimum square footage of property and the CC1 current zoning does not allow for a drive through, therefore, staff suggested to come forward and request PUDC zoning. There being no one wishing to speak, the public hearing was closed at 7:31 p.m. Commissioner Duffy stated the site plan is lacking the requirements for the PUD zoning. He stated the setbacks are not proper, parking or open space. Commissioner Byerly questioned staff regarding if it would be possible to put a building on this property given the setbacks that are on the property and allow queuing off of SH26? Ron Ruthven replied by removing the wall, the building could then be moved back further to create more room on the lot for parking and traffic movement. Commissioner Dudziak questioned staff if the building is moved back, will they meet the 40 foot requirement in the CC1 zoning district? Ron Ruthven concurred. Commissioner Redfearn stated the CC1 zoning district does not allow for a drive through service. Commissioner Dudziak questioned if there is a certain size requirement for the building in this zoning district? Ron Ruthven replied there is no minimum building size requirement in the CC1 zoning district. He stated as long as the building meets the building code requirements. Commissioner Phelps questioned what is the portion of the easement that is jutting into the proposed at the north end, the proposed right of way? Ron Ruthven replied the creek runs through that area, from north to south, but he stated not being able to speak for SH26, but that may be to accommodate drainage for the creek. Commissioner Phelps stated he concurred with Commissioner Duffy and stated this PUDC is not ready. He stated some realignments could be made so that the traffic queuing could be accommodated. He stated this design appears to need a lot of work as presented. City of Colleyville Page 4 Printed on 10/9/2007 Planning and Zoning Commission Minutes -Final September 24, 2007 Commissioner Byerly questioned the applicant if the design could be reconfigured to be able to meet the requirements of the setback and queuing? Mr. Shaw replied they could do some reconfiguring. Mrs. Shaw questioned the Commission if they could have a 35 foot setback instead of the 40 foot setback that is required? Commissioner Byerly stated if a new plan is submitted showing the setback, the Commission can consider that request at that time. Mrs. Shaw questioned staff regarding the queuing of traffic, how many vehicles need to be shown? Ron Ruthven stated the three cars on the south side and the movement of traffic on the site plan needs to be updated to satisfy the Engineering Department as far as queuing off of SH26. Commissioner Redfearn stated instead of having the traffic heading into each other on the property, to have two lanes that are feeding in the same direction as a safer option. He stated if the creek could be placed on the drawing to show how far back the building can be placed would help the Commissioners to decide if the placement of the building has accommodated the alignment of the creek. Commissioner Duffy stated the applicants need to go back and resubmit with the required documents. Commissioner Byerly concurred with Commissioner Duffy. Commissioner Byerly moved to continue to the October 8th, 2007 meeting case Z-07-025. Commissioner Knox seconded. The motion carried by the following vote: Aye: 6 -Knox, Dudziak, Redfearn, Phelps, Duffy, Byerly Absent: 1 -Taylor 7c Approval of a request for a zoning change from R40-Single Family Residential to R20-Single Family Residential on 1.5 acres on Tract 2F02, Abstract 1692 of the Joseph White Survey located at 6101 Hunter Lane, Case Z-07-032 Commissioner Byerly recused himself from this agenda item and Commissioner Duffy chaired the meeting. Ron Ruthven presented the case and briefed the Commissioners. Commissioner Dudziak questioned staff if the letters in opposition have to fall within the 200 feet? Ron Ruthven replied correct, for the City of Colleyville Page 5 Printed on 10/9/2007 Planning and Zoning Commission Minutes -Final September 24, 2007 opposition to count in the opposition calculation. Commissioner Dudziak questioned staff if all of the signatures on the petition were within 200 feet? Ron Ruthven replied no, not all 36. Commissioner Dudziak questioned staff regarding how was the percentage of opposition calculated? Ron Ruthven replied the 54% is the responses from the property owners that were actually notified within 200 feet. The petition has many signatures that do not live within 200 feet of the request. Commissioner Dudziak questioned staff regarding if a signature on a petition, the opposition is formally expressed in that position? Ron Ruthven replied if they do live within 200 feet of the notification and they have signed that petition, that is their official opposition to the request and that property is counted toward the opposition with 200 feet. City Attorney Kallas concurred with staff. Commissioner Phelps questioned staff regarding if the 54% is in question for when the request moves forward to City Council for a supermajority vote? Ron Ruthven concurred. Commissioner Duffy opened the public hearing at 7:47 p.m. C.L. Madden, 6112 Hunter Lane, spoke in opposition to the rezoning request and stated every time he has come forward to rezone his property he has always been told to rezone to R40. Dean Decavitte, the applicant, came forward to present the case and brief the Commissioners. Lisa Pipe, 6117 Hunter Lane, spoke in opposition to the rezoning request and stated having concerns for drainage and traffic. Twyla Kerlee, 800 Shelton Drive, stated the R20 zoning on Hunter Lane was an exception made by the Council over 25 years ago. She stated having concerns for drainage. She stated the Commission should consider R30 with an exception. Wade Evans, 800 Shelton Drive, stated there are still drainage and plumbing problems and stated being in favor of a R30 zoning request. Charles Huggins, 700 Shelton Drive, spoke in opposition to the rezoning request and stated the property should stay R40. Jason Elms, 801 Shelton Drive, stated there are drainage issues on Hunter Lane and spoke in opposition to the rezoning request. Bob McGregor, 6115 Hunter Lane, spoke in opposition to the rezoning request City of Colleyville Page 6 Printed on 10/9/2007 Planning and Zoning Commission Minutes -Final September 24, 2007 Chris Combs, 6106 Hunter Lane, spoke in opposition to the rezoning request and stated the Commission should consider R40. Mohanchand Koduri, 6104 Hunter Lane, spoke in opposition to the rezoning request. Bill Lothrop, 609 Shelton Drive, spoke in opposition to the rezoning request and stated there are issues concerning drainage on Hunter Lane. Fred Rice, 6103 Hunter Lane, spoke in opposition to the rezoning request and stated there are issues concerning drainage on Hunter Lane. Bill Stephens, 612 Shelton Drive, spoke in opposition to the rezoning request and stated there are issues concerning drainage on Hunter Lane, as well as the sewer still backs up on Shelton. He stated he would like to keep the R40 zoning. Dinah Stephens, 612 Shelton Drive, spoke in opposition to the rezoning request. Teri Workman, 6001 Hunter Lane, spoke in opposition to the rezoning request. There being no one wishing to speak, the public hearing was closed at 8:24 p.m. Mr. Decavitte came forward to address the concerns of the neighbors and stated having the utmost concern for neighbors. Commissioner Duffy questioned staff regarding a topo map for the area? Ron Ruthven replied not having one available immediately. Commissioner Duffy questioned staff regarding a larger aerial map? Ron Ruthven replied not having one available immediately. Commissioner Dudziak questioned for clarity, the Commission could not approve anything below R30? Ron Ruthven concurred and stated anything below R20 would have to be a PUD request. Commissioner Dudziak stated if a PUD were to be requested open space would be required as well as other amenities that would make this an extremely financially prohibited. Ron Ruthven concurred and stated flag lots are prohibited. Commissioner Dudziak stated what is being proposed is the only layout that could occur. He stated there are other lots on Hunter Lane that are one acre and could be subdivided if presented to the Commission. He stated overall, these lots are sizeable and would add to the community of Colleyville. He stated the applicant's intentions are to City of Colleyville Page 7 Printed on 10/9/2007 Planning and Zoning Commission Minutes -Final September 24, 2007 build good size homes for the lots. He stated it would be good for Colleyville and good for Hunter Lane. Commissioner Redfearn stated being sensitive to the neighbors and stated he would be willing to lock in a R30 zoning request with a waiver request for the frontage requirement. City Attorney Kallas stated the applicant would have to come back at another meeting and request another zoning change with relief to the lot width requirement. Commissioner Duffy questioned City Attorney Kallas regarding the applicant does not meet the R30 frontage requirements, therefore, the Commission could not grant him R30 unless he were to reapply? City Attorney Kallas replied he can go to a less intense zoning district but because this is a straight zoning request, the Commission is locked into the zoning district requirements. He stated a motion for R30 could be made; however, the frontage would have to comply. Ron Ruthven replied as currently proposed, the R20 zoning district requires a 100 lot width and R30 would be 125 feet. He stated the applicant is requesting R20 because the request meets all of the R20 requirements. Commissioner Knox stated the applicant could put in an east/west street, at his expense, with three lots. Ron Ruthven replied yes he would meet the minimum lot width and depth requirements, however, the street would have to have an approved cul-de-sac for the fire truck to turn around. Commissioner Dudziak stated if the fire truck can not turn around; the applicant will not be able to build the cul-de-sac. Commissioner Phelps stated being opposed to rezoning this property to R20 to split the lot. He stated it establishes a new standard for the area as opposed to an exception. He stated if the R20 were to be approved, then there could be others coming forward to rezone to R20. He stated this is one of those areas of Colleyville that can be preserved. He stated there may be some alternatives, but not R20. Commissioner Redfearn concurred with no to R20. Commissioner Knox moved to deny case Z-07-032. Commissioner Phelps seconded. Commissioner Dudziak stated a 6,000 or 7,000 square foot home could be built on that lot. City of Colleyville Page 8 Printed on 10/9/2007 Planning and Zoning Commission Minutes -Final September 24, 2007 The motion carried by the following vote: Aye: 5 -Knox, Dudziak, Redfearn, Phelps, Duffy Absent: 1 -Taylor Abstain: 1 -Byerly 8. TABLED AGENDA ITEMS 8a 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 The Planning and Zoning Commission recessed at 8:40 p.m. for a break. The Planning and Zoning Commission reconvened at 8:54 p.m. Commissioner Byerly explained that the two tabled items would be discussed at the same time, however, there would be separate votes made for each item. Commissioner Redfearn made a motion to remove cases Z-07-008 and G-07-016 from the tabled items. Commissioner Knox seconded. The motion carried by the following vote: Aye: 6 -Knox, Dudziak, Redfearn, Phelps, Duffy, Byerly Absent: 1 -Taylor Ron Ruthven presented the update and briefed the Commission. Commissioner Phelps questioned staff regarding the southern end of the development, to confirm, the right of way and road planning issues override the PUD language in the ordinances. Ron Ruthven replied the Master Thoroughfare would override the PUD requirements where in conflict. Commissioner Duffy questioned staff if there are two lanes being discussed for Heritage Lane? Ron Ruthven replied the Master Thoroughfare requires four lanes; however, the Commission can amend Heritage Avenue to two lanes. Commissioner Duffy questioned staff if the Commission could recommend Heritage Avenue to be two lanes with 80 feet of right of way? Ron Ruthven concurred. Commissioner Byerly opened the public hearing at 9:00 p.m. Buddy Shephard, the applicant, came forward to present the update and brief the Commission. City of Colleyville Page 9 Printed on 10/9/2007 Planning and Zoning Commission Minutes -Final September 24, 2007 Commissioner Duffy questioned Mr. Shephard regarding the number of homes on the southern part of the northern section; there are 16 homes on that cul-de-sac which exceeds the Land Development Code requirements. Mr. Shephard replied it does exceed the Development Code, however, he stated there is another portion of the code that states if a bigger turn around is provided at the end of the street then that number can be exceeded. Chris Fuller replied the Land Development Code states that the cul-de-sac length shall be 1600 feet of right of way and 31 feet of pavement, however, if the maximum cul-de-sac length is 1200 feet with 56 feet of right of way and 36 foot pavement section. Commissioner Phelps questioned staff if the number of homes on the cul-de-sac can exceed or just the length of the cul-de-sac? Chris Fuller replied the maximum number of single family residents is 12; therefore the length of the cul-de-sac does not change the maximum number of lots. Mr. Shephard stated he could stick out another street to Heritage Avenue to solve that issue. Commissioner Byerly questioned Mr. Shephard regarding if he would rather do another street or would he rather have a waiver request for the number of lots on the cul-de-sac if fire sprinklers are in the homes on the cul-de-sac? Mr. Shephard replied he would prefer to stick out a street. Commissioner Byerly stated on the south end the number exceeds the requirements as well. Mr. Shephard replied they could put in another street down there as well and meet those requirements. Commissioner Duffy stated everything should be put in the ordinance that the Commission wants to have and not leave what could be done for the City Council to decide. Commissioner Redfearn questioned Mr. Shephard regarding the stub out street on Winewood Place, is it still the intention to stub this street out and use a gate? Mr. Shephard replied that not being his intention. He stated he showed a connection to that street; however, the residents do not want it connected. He stated he told the residents it was the City's decision to connect the street. Commissioner Phelps stated there was a desire for a request for a waiver of the tree survey. He stated the waiver stated instead of replacing existing trees, to put some language in that said, so many trees per lot, etc. He stated the request for the waiver is still there but there is not language that suggests any alternatives. Mr. Shephard stated he felt like that to be a platting issue not a land uses issue and he stated he felt doing it exactly as the tree ordinance reads does not accomplish the goal. He stated he can preserve the elm trees out there but they are going to die soon. He stated the alternative should be to do City of Colleyville Page 10 Printed on 10/9/2007 Planning and Zoning Commission Minutes -Final September 24, 2007 something that works 100% that actually beautifies it other than placing post oak trees that will die 30 minutes after the streets are cut or the house pads are built. He stated if there were some number of caliper inches for interior lots, corner lots, and entry ways and so forth, it would serve the development and the City much better. He stated something different should be considered other than what is written in the book. Commissioner Phelps stated he understood, but he did not see anything from Mr. Shephard regarding a potential number of inches he would prefer. Mr. Shephard stated it would be appropriate to have 12 caliper inches consisting of 3 trees, 4 inches in diameter on the interior lots, and 15 caliper inches on the corner lots and 15 caliper inches on the entrance or entry way lots or 100; just a number that is actually based upon something done by a landscape architect that knows what he is doing instead of him guessing. John Gray, 3300 Pembrooke Parkway South, spoke on behalf of the Woodland Hills Homeowners Association and stated they are in favor of the rezoning request and stated being in support of Heritage Avenue to remain as a two lane roadway. Rick Miller, 3605 Wexford Court, spoke on behalf of the Prestwick Park Homeowners Association and stated they have worked with Mr. Shephard to have a 30 foot setback and he stated that would be an option for Mr. Shephard. Mr. Miller stated there were recommendations made at the workshop regarding reducing the setback. He stated being opposed to reducing the setback. He stated he would support the subdivision with the approval of the 30 foot setback by making an exception to the 80 foot easement. Doug Baron, 3402 Cambridge Court, presented a power point presentation. Robert Bruton, 3303 Middleton Way, spoke in opposition to closing Heritage Avenue and questioned who would maintain it if it were to close? Gary Malone, 4605 & 4609 Winewood Court spoke in favor of the rezoning request and stated they are in favor of the 30 foot setback between the developments. Phil Kelly, 2808 Sherwood Lane, stated some concerns with the closing of Heritage Avenue. Bill Barnard, 3613 Wexford Court, stated having concerns with the 30 foot setback being reduced and the possibility of having a two story home in his back yard. He stated the tree preservation regulations should be met. City of Colleyville Page 11 Printed on 10/9/2007 Planning and Zoning Commission Minutes -Final September 24, 2007 Chris Hall, 4916 Prestwick Drive, stated there should be an easement between the two developments to enhance the new and existing developments. He stated being concerned with what will happen to Heritage Avenue and what will be happening on the Euless side. David Dowdy, 3601 Winewood Place, spoke in favor of the rezoning request but not in favor of closing Heritage Avenue. There being no one wishing to speak, the public hearing was closed at 9:49 p.m. Mr. Shephard came forward to address the concerns of the neighbors. Commissioner Byerly stated the Commission should consider the amendment to the Master Thoroughfare first. Commissioner Phelps questioned staff regarding the County easement. Chris Fuller stated the request before the Commission is to consider amending the Master Thoroughfare Plan with regards to the physical classification of what the road way might be. Chris Fuller stated he would have to defer the County issue to the City Attorney. City Attorney Kailas stated the Commission has the ability to take action on these items tonight. As far as the effect of the County easement, that is something to be addressed later. The vote and discussion, after the vote, for case G-07-016 has been attached in the minutes for item 8b. Commissioner Duffy questioned the Fire Marshal regarding the stub out on Winewood Place? Fire Marshal McKeown replied not being in support of gating the stub out, he stated he would prefer that to be a through street. Commissioner Byerly questioned Marshal McKeown if the Commission were to gate that, what kind of recommendation would you have? Marshal McKeown replied if it is an emergency access gate it should meet the Land Development Code regulations with an Opticom that the Fire Department could operate from either direction with a Knox key override and a power failure backup. Commissioner Phelps questioned Marshal McKeown regarding if there is any history regarding servicing the existing neighborhood? Marshal McKeown replied there was a gas in that area about two weeks ago in which the Fire Department had to block off both entrances to Prestwick Park and the residents were not happy about blocking them in. City of Colleyville Page 12 Printed on 10/9/2007 Planning and Zoning Commission Minutes -Final September 24, 2007 Commissioner Phelps stated the rear building line is consistently referred to as 10 feet, but the developer has stated 30 feet therefore the language would need to be amended to address that specific issue on the western lots. Commissioner Phelps questioned staff regarding if the tree preservation regulations are specific to lot or some other area within the development? Chris Fuller replied if the applicant removes trees on one specific lot, he could replace them anywhere on the site that would accommodate them. Commissioner Duffy questioned staff regarding if the applicant removes five 30 inch caliper trees, does he have to replace 150 caliper inches, not just five trees? Chris Fuller replied the applicant has to replace them with a minimum of three inch caliper trees. He stated the applicant may replace them with higher caliper inch trees. Commissioner Duffy stated he could use 50, three inch caliper trees. Chris Fuller concurred and stated 150 inches to be replaced with a minimum of a 3 inch caliper tree. Chris Fuller replied the applicant did not provide staff with a proposal for staff to review so any discussion of a tree waiver, staff will have no insight upon. Commissioner Byerly questioned staff if the applicant has requested a waiver from the tree survey but not from tree mitigation? Chris Fuller replied that would need to be specified with the developer. Commissioner Byerly stated that is what he is reading by the draft ordinance. Chris Fuller stated as the applicant has not given a proposal, staff omitted it from the ordinance, there was nothing to include. Commissioner Byerly stated as the draft ordinance is written, a tree survey is required. Chris Fuller stated in accorrdinance with the Land Development Code. He stated the Planning and Zoning Commission is the relief Board for tree mitigation. He stated if it is not addressed with the zoning, the applicant will have to come back to the Planning and Zoning Commission with the waiver request. Commissioner Byerly stated a tree waiver can not be granted without a tree survey at some point. Chris Fuller replied since a tree survey has not been provided, staff can not give any insight to that. Commissioner Dudziak questioned staff if a tree survey will be done? Chris Fuller replied as of right now, there is no waiver for that. Commissioner Phelps stated to staff that a tree waiver has been requested. Chris Fuller stated he requested a waiver but did not provide a proposal. Commissioner Dudziak stated he did not understand "request" as opposed to "did not supply". Chris Fuller stated the applicant requested City of Colleyville Page 13 Printed on 10/9/2007 Planning and Zoning Commission Minutes -Final September 24, 2007 a waiver in the Development Review comments but then came forward with no materials supporting that waiver; therefore staff did not include that in the ordinance. Commissioner Duffy moved to approve case Z-07-008 with the following amendments: the fire stub to the Prestwick Park development be constructed during this development and constructed per the Land Development Code with a per code gate on it; the tree preservation survey submitted as per the Land Development Code; the cul-de-sac number of homes as per the Land Development Code. Commissioner Byerly seconded. Commissioner Knox stated a friendly amended with a 30 foot setback on the western boundary of the development, if not that five foot buffer and a 25 foot setback. Commissioner Duffy stated he did not concur with the amendment. He stated if Mr. Shephard wants to give those neighbors adjacent to his development 30 feet, then that is his right to do so, however it is not required. Commissioner Byerly seconded Commissioner Duffy's motion. Commissioner Dudziak stated some language needs to be included that clarifies that the Commission is not waiving parts of the Land Development Code at this time. Commissioner Byerly made a motion for a friendly amendment that the site plan needs to be amended to conform to the Master Thoroughfare Plan to include access from Heritage Avenue to Glade Road on the southeast corner to reflect the City of Euless side property. Commissioner Duffy accepted the amendment. Commissioner Byerly made a motion for another friendly amendment that any provision that is not expressly waived by the draft ordinance will be per the Land Development Code. In other words, he stated unless otherwise written in the text of the ordinance, the Code of Ordinances shall apply. Commissioner Dudziak questioned Commissioner Byerly regarding if a wavier is being granted for the number of lots on the cul-de-sac, should there be a street stubbed out to reduce the cul-de-sac. Commissioner Byerly stated a waiver is not being granted by the site plan showing a number of lots on the cul-de-sac exceeding the Land Development Code. Commissioner Phelps stated the word "conceptual" is referring to the site plan might tend to lend a little more weight to its position to the Commission or lack of standing. City of Colleyville Page 14 Printed on 10/9/2007 Planning and Zoning Commission Minutes -Final September 24, 2007 City Attorney Kallas stated to Commissioner Dudziak the requirement is to abide by the cul-de-sac regulations, if a specific street access were to be stubbed, there needs to be an amendment to the motion. Commissioner Phelps stated on the south end of the development where the existing Heritage Avenue curves into Cheek Sparger, there is only one entrance to that portion, with access really close to Heritage Avenue. He stated a second entrance needs to be provided further north on the straight portion of Heritage Avenue so that the entrance is not so close to Cheek Sparger. Chris Fuller replied for the Commission to be as specific as possible on any amendments or conditions to the ordinance. City Attorney Kallas recapped and stated that the southern most portion of the development shall have two entrances along Cheek Sparger and or Heritage Avenue. Commissioner Byerly and Commissioner Duffy both accepted Commissioner Phelps amendment to the motion. Commissioner Dudziak questioned staff if the parkland will be assumed by the developer? Chris Fuller replied that would be privately owned. Commissioner Dudziak questioned staff if there would be any potential way for the City to gather or to obtain that land at a future date unless they were to sell it to the City. Chris Fuller concurred. Commissioner Dudziak stated there are legal structures that land can be put into that is easier for the City to obtain that enables Texas Parks and Wildlife grounds to be dedicated to and whether there may need to be something in the ordinance to reflect, should there be some room to allow for this? City Attorney Kallas stated that would be a decision for City Council not for the Planning and Zoning Commission. Commissioner Byerly summarized the motion: Commissioner Duffy moved to approve case Z-07-008 with the following conditions: the fire stub-out on Winewood Place is to be constructed per the Land Development Code regarding emergency access gates; the tree preservation survey per the Land Development Code; adhere to the requirements of the Land Development Code regarding the number of homes allowed on a cul-de-sac; amend the site plan to conform to the Master Thoroughfare Plan including access from Heritage Avenue to Glade Road on the southeast side; there shall be no provision of the Land Development Code granted unless a waiver has been stated in writing in the PUD ordinance for this development; there shall be two entrances to the southern section located either on Cheek Sparger Road or Heritage Avenue. Commissioner Byerly seconded. Commissioner Dudziak questioned if the two southern portions are City of Colleyville Page 15 Printed on 10/9/2007 Planning and Zoning Commission Minutes -Final September 24, 2007 mentioned is the developer only able to put one in the northern section. Commissioner Byerly stated the northern portion would be per the site plan. He stated this is to clarify the Euless portion. Commissioner Dudziak stated not being comfortable with passing an ordinance with a tremendous amount of wiggle room and not seeing the requirements that have been outlined. The motion carried by the following vote: Aye: 6 -Knox, Dudziak, Redfearn, Phelps, Duffy, Byerly Absent: 1 -Taylor gb Consider an amendment to the Master Thoroughfare Plan to remove Heritage Avenue from Glade Road to Cheek Sparger Road, Case G-07-016 See item 8a for the discussion of this item. Commissioner Duffy moved to amend case G-07-016 to show Heritage Avenue as a two lane road with an 80 foot right of way. Commissioner Byerly seconded. Commissioner Redfearn questioned staff regarding in the Master Thoroughfare Plan, roads are either present or not, and they are designated as two lane or four lane or otherwise. He questioned staff if the roadways are designated with right of ways as well? Chris Fuller replied they are designated with the right of way, correct. Commissioner Redfearn questioned staff if the Master Thoroughfare stipulates design? Chris Fuller replied it does, whether it be divided or undivided, two lanes, four lanes. Commissioner Redfearn questioned staff if every roadway has those elements stipulated? Chris Fuller replied correct. Commissioner Redfearn questioned for the two lane roads that are in the Master Thoroughfare Plan, do they have consistent right of way dedications associated with them, or do they vary? Chris Fuller replied they vary. Commissioner Phelps stated the 80 foot right of way creates a great buffer between the two developments. Commissioner Dudziak stated being in favor of the 80 foot right of way to be able to create a four lane road for the future. Commissioner Byerly stated he opposed the four lane road, but does support the 80 foot right of way. City of Colleyville Page 16 Printed on 10/9/2007 Planning and Zoning Commission Minutes -Final September 24, 2007 Commissioner Redfearn stated he supports the 80 foot of right of way. The motion carried by the following vote: Aye: 6 -Knox, Dudziak, Redfearn, Phelps, Duffy, Byerly Absent: 1 -Taylor 9. STAFF COMMENTS, REPORTS AND DISCUSSION ITEMS Chris Fuller reminded the Commissioners about the workshop that is scheduled for Wednesday, October 3, 2007 at 6:30 p.m. 10. COMMISSIONERS' COMMENTS AND REPORTS Commissioner Dudziak stated he would like to see the amendments made to motions in the votes. Commissioner Byerly stated those are typically in the minutes. City Attorney Kallas stated the conditions are stated in the ordinance. Commissioner Dudziak stated he would like staff to address those drainages issues that are occuring on Hunter Lane and Shelton Drive. He stated he would like city staff available on public record to address those issues. 11. ADJOURNMENT The meeting adjourned at 10:29 p.m. I hereby certify the above agenda was posted on the bulletin boards at City Hall on Friday, September 21, 2007 by 5:00 p.m. Amy Shelley, Planning and Zoning Assistant The meeting minutes were approved on October 8, 2007. City of Colleyville Page 17 Printetl on '-uiyi[uvi