HomeMy WebLinkAboutPlanning and Zoning Commission-Minutes-01/09/2017
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City of Colleyville
Planning and Zoning
Commission
Minutes
City Hall
100 Main Street
Colleyville, Texas 76034
817. 503.1000
www.colleyville.com
Monday, January 9, 2017 City Council Chambers
CALL MEETING TO ORDER
The Planning and Zoning Commission meeting of the City of Colleyville was called
to order by Chairman Dodson on January 9, 2017, at 7:01 p.m.
Roll Call
Present: Commissioners Susan Mathisen, Sam van Bever, Veronica Baughman,
George Dodson, Charles Kelley, and Jason Elms
Absent: Commissioner Don Davis
Staff Present: Shane Pace, Oscar Chavez, Fire Chief Brian Riley, Araceli Botello,
James Hubbard, and Assistant City Attorney Evan Fisher
1. APPROVAL OF MINUTES
Commissioner Baughman made a motion to approve the
December 12, 2016 minutes as corrected. Commissioner van
Bever seconded.
The motion to approve the December 12, 2016 minutes as
corrected carried by the following vote:
Aye: 6 – Mathisen, van Bever, Baughman, Dodson, Kelley, and Elms
2. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON
THE AGENDA
There were no citizen comments/presentations regarding items not on the
agenda.
3. PUBLIC HEARING AGENDA ITEMS
3a Consideration of a Combination Preliminary/Final plat of Lots 1RA-1,
and lot 4, Block 1, Kay’s Circle B Bar K Ranch Addition, located at
5700 Winnie Drive and 5618 Bransford Road, Case PC16-003
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City of Colleyville Page 2
Shane Pace presented the case and briefed the Commission.
Chairman Dodson questioned staff regarding the proposed property
being a gated community. Mr. Pace replied yes, it is a gated
subdivision with private streets.
Commissioner Baughman questioned staff regarding HOA fees. City
Attorney, Evan Fisher replied, the maintenance of the streets will be
exclusively from the HOA and no city money will be spent on the
private streets, assuming the private streets are approved by City
Council.
Chairman Dodson questioned staff regarding the responsible party for
payment of electricity for street lights. Mr. Pace replied the applicant
can address the question.
The applicant, Chas Fitzgerald, 3209 Armstrong Ave., Dallas, came
forward and briefed the Commission. The applicant responded that
the HOA covers private streets, common areas, irrigation,
maintenance, leaf raking, storm water detention basin, gate
operators, and other items. He added that the responsible party for
the utility bill for street lights cannot be confirmed, but it would most
likely be an HOA expense.
Civil Engineer, Craig Malan, 5750 Genesis Court, Frisco, came forward
and briefed the Commission. Mr. Malan responded to the utility
question by stating, developers typically negotiate an agreement with
a utility provider. He added the payment would be determined in an
agreement and maintained by the utility provider.
The public hearing was opened at 7:13 p.m.
Joel Milakovich, 5604 Bransford Road, came forward and spoke in
opposition. Mr. Milakovich expressed concerns regarding the location
of sewer and utility lines along the property line which could affect the
trees on his property. He added the lack fencing requirement and the
property’s entryway would impact his property with noise and light
due to the additional traffic it would create.
Marla Valle, 404 Oak Crest Hill Drive, came forward and spoke in
opposition. Ms. Valle expressed concerns regarding the additional
traffic the property would create.
Cheryl Ann Francis, 308 Oak Crest Hill Drive, came forward and spoke
in opposition. Ms. Francis expressed concerns regarding fencing
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City of Colleyville Page 3
between properties.
There being no others present wishing to speak, the public hearing
was closed at 7:19 p.m.
Chairman Dodson questioned the applicant regarding fencing along
the property line. The applicant responded that the property is
surrounded by existing homes and fencing, with the exception of
north on a portion of the property. He went on to say there are no
plans to disturb the neighboring fencing. The applicant added that a
wooden privacy fence with steel poles would be built at the north of
the property. The applicant added that the emergency exit gate at
Winnie would be replaced as well as adding an entrance gate and
fencing at Bransford Road.
Discussion continued regarding fencing.
Chairman Dodson questioned the applicant regarding utilities and the
impact to trees near the entrance to the subdivision. Civil Engineer,
Craig Malan responded, the closest utility line is the sewer line
approximately 30 feet north of the fence line. He added the plan has
evolved over a long period of time and in coordination with the City’s
Urban Forester, Caleb Tandy, to preserve as many trees as possible
on the property.
Commissioner van Bever made a motion to approve Case
PC16-003. Commissioner Elms seconded.
The motion to approve Case PC16-003 carried by the following
vote:
Aye: 6 – Mathisen, van Bever, Baughman, Dodson, Kelley, and Elms
3b Consideration of amendments to the Land Development Code
regarding granting of authority to the City Council to approve waivers
related to the construction of mutual access easement/drives
adjacent to Major Arterials, and to establish a permit process for the
construction of such drives; specifically Chapter 1 – General
Provisions, Section 1.12 Waivers and Appeals – Generally, Section
1.13 Waivers and Appeals – City Council, and Chapters 3 – Land Use,
Section 3.29 Parking Requirements, Case GC16-023
James Hubbard presented the case and briefed the Commission.
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City of Colleyville Page 4
Chairman Dodson summarized his understanding of the proposed
amendment. He stated that the increased median coverage along
S.H. 26 will reduce the amount of direct access from S.H. 26. Mr.
Hubbard responded that his understanding is correct. He went on to
state, the mutual access easements would make more properties
accessible specifically for current or established business.
Chairman Dodson continued by stating the amendment will allow
travel from one business to another without getting on to S.H. 26. Mr.
Hubbard responded, correct. Mr. Hubbard went on to state that the
Land Development Code has since been amended to require cross
access easements for all new construction. He further clarified that
the amendment will specifically address legacy properties built before
the requirement for cross access easements.
Chairman Dodson questioned staff regarding monetary support from
the City Council for construction of mutual access easement/drives.
Mr. Hubbard responded there is monetary support available. He
stated that 50 percent matching funds are available with a maximum
$30,000 project cost. However the property owners will be required
to contribute the initial $15,000. The matching funds will then be
reimbursed following completion of the project.
Commissioner Elms question staff regarding shared-parking
agreements for affected properties, and whether staff has considered
this as a way to mitigate parking shortages. Mr. Hubbard responded,
yes. He went on to describe the specific language in Exhibit “B” of the
proposed amendment related to shared parking agreements.
The public hearing was opened at 7:38 p.m.
There being no one present wishing to speak, the public hearing was
closed at 7:38 p.m.
Commissioner Kelley made a motion to approve Case GC16-
023. Commissioner van Bever seconded.
The motion to approve Case GC16-023 carried by the following
vote:
Aye: 6 – Mathisen, van Bever, Baughman, Dodson, Kelley, and Elms
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3c Conduct a public hearing to consider an amendment to the City of
Colleyville comprehensive plan, Case GC16-024
Daniel Harrison, consultant from Freese & Nichols Inc., presented the
case and briefed the Commission.
Commissioner Mathisen made a notation on paragraph 4 of page 14.
Shane Pace confirmed the request to strike “492.7” and replace with
“418.8”. He additionally noted the request to strike “0.77 square
miles” and replace with “0.65 square miles” to reflect updated net
density calculations.
Commissioner Elms questioned Mr. Harrison regarding the deletion of
the last paragraph of page 14. Mr. Harrison responded that removing
the last paragraph was to provide one population estimate, and it
carries throughout the document. He added the 1.8 net dwelling units
per acre is the target for the community.
Chairman Dodson made a notation on table 2.1, Population Forecast
on page 15. Mr. Pace confirmed the request for the sentence to read
as follows: “This reduction is made by removing right-of-ways from
the acreage calculation.” Commissioner Kelley requested to pluralize
the term “right-of-way” where required.
Commissioner Elms questioned Mr. Harrison on the net acreage and
floodplain. Mr. Harrison responded that floodplain has been factored
out of the calculation. Mr. Pace responded he was not certain if the
floodplain had been factored out, but would research the calculations.
Commissioner Mathisen made a notation on column 2 – City Services
& Facilities, policy 4, on page 28. Mr. Pace confirmed the request for
the sentence to read as follows: “Proactively support efforts to
implement economical, efficient, and effective initiatives to improve
City services.”
Commissioner Elms questioned Mr. Harrison for clarification of the
difference between net density and net acre. Mr. Harrison responded
by explaining the calculation is establishing the density of 1.8
dwelling units per net acre.
Chairman Dodson made a notation on the last bullet on Figure 4.4
Businesses Needed in Colleyville, on page 38 regarding the results of
the survey. Commissioner Elms questioned the possibility of a fourth
option in the results from the data collected. Chairman Dodson then
requested that the data calculations be reviewed by staff to ensure
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City of Colleyville Page 6
the data presented is accurate. Mr. Pace responded he was not
aware, but would research if a fourth category exists for the data
presented in the table. He went on to state he would research this
item and present the Planning and Zoning Commission’s
recommendation to the City Council, given his findings.
Discussion continued on Figure 4.4, Business Needed in Colleyville,
on page 38.
Chairman Dodson made a notation on the grammar of the word “into”
on page 68. Mr. Harrison responded to the request for the word “into”
be removed and replaced with “in”.
Commissioner Kelley made a notation on the term “right-of way” on
page 70. Mr. Harrison responded to the request for the word “right-
of-way” be replaced with “right-of-ways” where a plural context
exists.
Commissioner Mathisen made a notation on first bullet point; Parks,
Recreation, and Open Space, and bullet number 4 on page 71. Mr.
Harrison confirmed the need to replace the word “Southwest” with
“Southeast”. Mr. Pace responded to the request to clarify bullet 4 by
stating he would confirm whether coordination is required with the
City of Bedford and/or City of Euless.
Chairman Dodson made a notation on bullet number 4 on page 80.
Mr. Pace confirmed the request to have bullet 4 read as follows: “and
to the west along Big Bear Creek to potentially connect to the
Cottonbelt Trail along Colleyville Boulevard.”
Commissioner Mathisen made a notation on Action 6-2A on page 86.
Mr. Pace confirmed the request to strike “Consider PUD-R or overlay
zoning” and revise the sentence as follows: “Implement consistent
standards for new neighborhoods.”
Commissioner Mathisen made a notation on Action 6-6 on page 87.
Mr. Harrison confirmed the request for the sentence to read as
follows: “and leads to higher levels of community interaction.”
Chairman Dodson made a notation on Action 6-10 on page 89. Mr.
Harrison confirmed the request to remove the word “should” and be
replaced with “are required to.”
Chairman Dodson made a notation on table 7.1 on page 96. Mr. Pace
confirmed the request to remove the Grand Total row from the table
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City of Colleyville Page 7
and maintain the Private Parks and Open space row.
Chairman Dodson made a notation on the last bullet of the first
column of page 95. Mr. Harrison confirmed the request to have the
last bullet read as follows: “Reflect and support the city’s objective to
be a good steward of the environment considering the costs and
benefits of environmental decisions.”
Chairman Dodson made a notation on Action 7-15 on page 110. Mr.
Pace confirmed the request to have the second sentence read as
follows: “This could include an assessment of the City’s Land
Development Code related to green building practices.”
Commissioner Kelley made a notation on the first paragraph of page
115. Mr. Harrison confirmed the request to have the sentence read as
follows: “Destination Colleyville proposes to maintain the residential
density policies of the 2004 Colleyville Plan of 1.8 dwelling units per
acre. Therefore…”
Commissioner Mathisen made a notation to the last paragraph on
page 115. Mr. Harrison confirmed the request to have the sentence
read as follows: “Since 1998, subsequent Colleyville Master Plans
have all reinforced this density standard.”
Mr. Harrison continued to brief the Commission on the recommended
changes by City Council.
Chairman Dodson questioned Mr. Pace regarding policy in the Land
Development Code that speaks to the limitations of commercial
development which may harm the environment. Mr. Pace responded
the Land Development Code primarily regulates this from the zoning
side, by the types of uses allowed in the zoning districts.
Discussion continued regarding environmental concerns.
Mr. Pace confirmed the request to add a bullet to the section labeled
Commercial, on table 10.1 Overarching Zoning Recommendations, on
page 154. The additional bullet will read as follows: “Ensure
environmental concerns are included in the Land Development Code,
to limit development that may significantly harm the environment.”
Commissioner Mathisen made a notation on the last bullet of the
section labeled Residential, of table 10.1 Overarching Zoning
Recommendations, on page 154. Mr. Pace confirmed the request to
have the bullet read as follows: “Implement consistent standards for
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City of Colleyville Page 8
new neighborhoods.”
Commissioner Mathisen made a notation on Table 10.3.
Implementation Priorities, Responsibilities, and Time Frames on page
170. Mr. Pace confirmed the request to address the consistency of
language throughout the Comprehensive Plan document to reflect the
following sentences where required: “Implement consistent standards
for new neighborhoods” and “Ensure environmental concerns are
included in the Land Development Code, to limit development that
may significantly harm the environment.”
Commissioner Mathisen made a notation on Appendix A and B, on
pages 195, 196, and 197. Mr. Pace responded the Appendix A and B
will be removed from the Comprehensive Plan and serve as a stand-
alone document. He added staff will review and confirm all zoning
standards of Appendix A and B, and additionally provide an action
plan as to the management of the documents and subsequent
updates.
Discussion continued regarding Appendix A and B.
City Attorney, Evans Fisher made a notation to page 38. Mr. Fisher
confirmed four categories where used for the Mixed-used
Development; 31% somewhat needed, 16% definitely needed, 36%
not needed, and 17% no opinion. Mr. Pace confirmed the request to
add all four categories with their percentage for the City Council to
review.
The public hearing was opened at 9:14 p.m.
There being no one present wishing to speak, the public hearing was
closed at 9:14 p.m.
Commissioner Mathisen made a motion to approve Case GC16-
024 with the following recommendations:
1. Revise numbers in the fourth paragraph to reflect
updated net density calculations. Strike 492.7 and
replace with “418.8”. Strike 0.77 square miles and
replace with “0.65” square miles. (Page 14)
2. Revise the last sentence of Note: 1 to read as follows:
“This reduction is made by removing right-of-ways from
the acreage calculation.”(Page 15)
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City of Colleyville Page 9
3. Revise number 4 in the “City Services & Facilities
Chapter 7” column to read as follows: “Proactively
support efforts to implement economical, efficient, and
effective initiatives to improve City services.” (Page 28)
4. Revise the sixth bullet point in the call-out box to read as
follows: “Mixed-use developments – 16 percent (16%)
of respondents felt that mixed-use areas were definitely
needed, 31 percent (31%) felt they were somewhat
needed, 36 percent (36%) felt they were not needed,
and 17 percent (17%) had no opinion.” (Page 38)
5. Revise the last sentence in the second paragraph by
replacing “into” with “in”. (Page 68)
6. Revise the entire document by replacing all references to
the term “right-of-way” with “right-of-ways” where a
plural context exists.
7. Revise the second sentence in the first bullet point by
replacing “Southwest” with “Southeast.” (Page 71)
8. Revise number 4 to read as follows: “Heritage Avenue
and Cheek-Sparger Road intersection – work with the
City of Euless and/or the City of Bedford as needed to
make improvements as appropriate when necessary.”
(Page 71)
9. Revise number 4 to read as follows: “…and to the west
along Big Bear Creek to potentially connect to the
Cottonbelt Trail along Colleyville Boulevard.” (Page 80)
10. Revise Action 6-2A by striking the words “Consider PUD-
R or overlay zoning” and revising the sentence to read as
follows: “Implement consistent standards for new
neighborhoods.” (Page 86)
11. Revise Action 6-6 by revising the end of the second
sentence to read as follows: “…and leads to higher levels
of community interaction.” (Page 87)
12. Revise Action 6-10 by replacing “should” with “are
required to” (Page 89)
13. Revise the sixth bullet point to read as follows: “Reflect
and support the city’s objectives to be a good steward of
the environment, considering the costs and benefits of
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City of Colleyville Page 10
environmental decisions.” (Page 95)
14. Revise the second sentence in Action 7-15 to read as
follows: “This could include an assessment of the City’s
land Development Code related to green building
practices.” (Page 110)
15. Revise the first sentence of the first paragraph to read as
follows: “Destination Colleyville proposes to maintain the
residential density policies of the 2004 Colleyville Plan of
1.8 dwelling units per acre. Therefore…” (Page 115)
16. Strike the fifth paragraph in its entirety and create a new
paragraph with the following sentence: “Since 1998, all
subsequent Colleyville Master Plans have reinforced this
density standard.” (Page 115)
17. Add an additional bullet to the “Commercial” section to
read as follows: “Ensure environmental concerns are
included in the Land Development Code, to limit
development that may significantly harm the
environment.” (Page 154)
18. Revise the seventh bullet in the “Residential” section to
read as follows: “Implement consistent standards for
new neighborhoods.” To reflect the recommended
changes on page 86. (Page 154)
19. Revise Action 6.2A to read as follows: “Implement
consistent standards for new neighborhoods.” (Page
170)
20. Add an additional action item: Action 6.11 to read as
follows: “Ensure environmental concerns are included in
the Land Development Code, to limit development that
may significantly harm the environment.” (Page 170)
21. Staff shall review and confirm all zoning standards listed
in “Table 12.1 Current Zoning Regulations” of Appendix
B are accurate reflections of the current regulations.
Staff is to brief the Commission should any changes be
required. (Page 195)
22. The Planning and Zoning Commission supports the
recommendation to remove Appendix A and B from the
Comprehensive Plan and to serve as stand-alone
documents. The Planning and Zoning Commission
requested an action plan from Staff related to the
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City of Colleyville Page 11
management of the documents and subsequent updates.
Commissioner Baughman seconded.
The motion to approve Case GC16-024 with recommendations
carried by the following vote:
Aye: 6 – Mathisen, van Bever, Baughman, Dodson, Kelley, and Elms
4.ADJOURNMENT
The meeting adjourned at 9:27 p.m.
The minutes were written and prepared by:
Araceli Botello
Planning Technician
The meeting minutes were approved on February 13, 2017 by a vote of 7-0.