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HomeMy WebLinkAboutPlanning and Zoning Commission-Minutes-12/10/2007Ci of Colle ville 100 Main Street ~ `7 7 Colleyville, Texas 76034 ~~3 (817) 503-1000 Minutes -Final www.colleyville.com Planning and Zoning Commission Monday, December 10, 2007 6:15 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 7:00 P.M. -REGULAR MEETING COUNCIL CHAMBERS 1. CALL TO ORDER The Planning and Zoning Commission meeting of the City of Colleyville was called to order by Chairman Byerly on December 10, 2007 at 7:05 p. m. 2. ROLL CALL Present: Commissioners Larry Knox, Scott Redfearn, Michael Clardy, David Phelps, Denis Duffy, Jeff Byerly Absent: Commissioner Dave Dudziak Staff Present: Chris Fuller, Ron Ruthven, Rob McKeown, Jeremy Hutt and Amy Shelley 3. INVOCATION The invocation was given by Commissioner Knox. 4. PLEDGE OF ALLEGIANCE 5. APPROVAL OF MINUTES Commissioner Redfearn moved approve the November 26, 2007 meeting minutes as written. Commissioner Phelps seconded. City of Colleyville page ~ Printed on 1/18/2008 Planning and Zoning Commission Minutes -Final December 10, 2007 The motion carried by the following vote: Aye: 6 -Knox, Redfearn, Clardy, Phelps, Duffy, Byerly Absent: 1 -Dudziak 6. CITIZEN COMMENTS REGARDING ITEMS NOT ON THE AGENDA None 7. REGULAR AGENDA ITEMS 7a Approval of a Minor Plat for Lot 1, Block 2 of the Oak Knoll North Addition on 0.61 acres in the H.R. Wall and Hall Medlin Surveys located at 1008 John McCain, Case P-07-058 Ron Ruthven presented the case and briefed the Commissioners. Commissioner Redfearn moved to approve case P-07-058. Commissioner Clardy seconded. The motion carried by the following vote: Aye: 6 -Knox, Redfearn, Clardy, Phelps, Duffy, Byerly Absent: 1 -Dudziak 8. PUBLIC HEARING AGENDA ITEMS 8a Approval of a request for a zoning change from PUDR-Planned Unit Development Residential and R40-Single Family Residential to R20-Single Family Residential of 2.8 acres on Lot 1, Block 1 of the Burbank Addition located at 200 Black Drive, Case Z-07-035 Ron Ruthven presented the case and briefed the Commissioners. Commissioner Byerly opened the public hearing at 7:15 p.m. Joel Lenamon, 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 7:17 p.m. Commissioner Redfearn questioned Mr. Lenamon regarding the construction of Black Drive? Mr. Lenamon stated he had his engineers present a plat where all of the right of ways and fire turn around have been illustrated. He stated the street will meet all city standards. He stated they did not have any issues with the street. Commissioner Redfearn questioned Mr. Lenamon regarding if there is City of Colleyville Page 2 Printed on 1H8/2008 Planning and Zoning Commission Minutes -Final December 10, 2007 any drainage incorporated into the turn to the north? Mr. Lenamon stated there is existing storm drainage in the area. He stated they are outside of the flood area and the improvements should not create any drainage issues. Commissioner Redfearn questioned Mr. Lenamon regarding the tree preservation for the property? Mr. Lenamon stated the tree preservation has changed, the existing trees are not on his property, they are to the east of his property, therefore there is no need for a special area. Commissioner Phelps questioned Mr. Lenamon regarding what types of trees are in the area? Mr. Lenamon stated knowing they are not Oak trees, however, he stated not knowing exactly what types of trees they are. Commissioner Phelps questioned Mr. Lenamon regarding if the right of way is not granted, will his development be four lots? Mr. Lenamon concurred and stated they would have a four lot development and the road would be just as it is on the exhibit. Commissioner Phelps questioned Mr. Lenamon if he has spoken with the neighbor to the east? Mr. Lenamon replied yes and the neighbor has been very positive regarding the development. Commissioner Phelps stated having issues with approving this to R20 and then the possibility that the property to the east could be rezoned to R20 making this a higher density area. Mr. Lenamon stated the property owner to the east has said she will not sell her property until she passes. Commissioner Clardy questioned Mr. Lenamon regarding if the five foot easement for trees is not required? Mr. Lenamon concurred and stated the five feet will be maintained but it will not be required to be a special preservation area. He stated the pavement will be at least five feet away from the trees. Commissioner Knox moved to approve case Z-07-035. Commissioner Redfearn seconded. The motion carried by the following vote: Aye: 6 -Knox, Redfearn, Clardy, Phelps, Duffy, Byerly Absent: 1 - Dudziak 8b Approval of a request for an amendment to a Special Use Permit for an accessory building on Tracts 1A01D, 1A5 and 1604 of Abstract 1182 of the W.C. Newton Survey and Tract 1 B04 of Abstract 356 of the Isaac Carodine Survey located at 816 W. L.D. Lockett Road, Case Z-07-036 City of Colleyville page 3 Printed on 1/1 tt/2008 Planning and Zoning Commission Minutes -Final December 10, 2007 Commissioner Byerly opened the public hearing at 7:28 p.m. Marty Stajduhar, 101 Williamsburg Court, Colleyville, the applicant, came forward to present the case and brief the Commissioners. Commissioner Duffy questioned Mr. Stajduhar if this is a commercial operation? Mr. Stajduhar stated this is a 5013C business which is both profit and non-profit. Commissioner Duffy stated if the property is sold, it would be a commercial property. Mr. Stajduhar stated the developers, which have approached them, have stated the property is worth residential value and all buildings would be torn down and used for residential. Commissioner Duffy questioned Mr. Stajduhar if he would have any issues with the Commissioners putting a condition on the Special Use Permit that states if the property were to be sold that all of the buildings would have to be torn down? Mr. Stajduhar stated not having an issue with that, since the developers have stated they would tear them down anyway. Commissioner Redfearn questioned Mr. Stajduhar regarding what are the buildings that are on the property? Mr. Stajduhar used the exhibits to explain the buildings on the property. Lisa Stajduhar, 101 Williamsburg Court, the applicant, came forward to present the case and brief the Commissioners. She stated that they need the extension of the building to cover the arena area. Teresa Carter, 5648 Macaskill, Haltom City, spoke in favor of the amendment request. Steve Pence, 5601 Montclair Drive, Colleyville, spoke in favor of the amendment request. Kim Haggerty, 1200 Taylor Street, Southlake, spoke in favor of the amendment request. There being no one wishing to speak, the public hearing was closed at 7:47 p. m. Commissioner Duffy questioned staff if the fire suppression system would have to be set up to an alarm system? Ron Ruthven replied correct. Commissioner Duffy questioned Fire Marshal Rob McKeown regarding what type of main would the fire sprinkler system need to be on and City of Colleyville page 4 Printed on 1h8/2008 Planning and Zoning Commission Minutes -Final December 10, 2007 where would it come from? Marshal McKeown replied a fire protection company would come out and do flow requirements to determine what the structure is going to be used for. He stated that would determine what type of main would be required and what size the sprinkler heads would need to be. He stated they would have to have a backflow within ten feet of the City's supply line. Commissioner Duffy stated the applicant has agreed to plumb the system and set the system by fire standards and have it inspected by the City, prior to operation. He questioned staff regarding what is the next step? Ron Ruthven replied the draft ordinance states that the entire building will have to be fitted with a fire suppression system, however, he stated not knowing if the applicant agrees to that requirement. Commissioner Duffy stated that since the applicant is here, they do agree to that, the original ordinance states that as well. Commissioner Duffy questioned staff if the applicant will need to come to the City and get a permit? Ron Ruthven concurred. Commissioner Duffy questioned staff if at that time the applicant will have an inspection and a fire system will be installed before they get a certificate of occupancy. Ron Ruthven concurred and stated the applicant will have to submit plans to the Fire Marshal for the fire sprinkler system. Commissioner Duffy questioned Mr. Stajduhar if he is willing to do all that is requested? Mr. Stajduhar agreed. Commissioner Phelps questioned staff if there is any difference between a fire suppression system and a fire sprinkler system? Marshal McKeown replied they are both the same. Commissioner Redfearn questioned staff regarding what requires a Special Use Permit? Ron Ruthven replied that any variance to the code regarding an accessory building requires a Special Use Permit. In this case, the total square footage of all accessory buildings exceeds the maximum square footage allowed. Commissioner Clardy questioned Mrs. Stajduhar if the increase of the covered area will allow for an increase in capacity for the horses, can there be more students in there? Mrs. Stajduhar stated she will only ride four horses at one time. Discussion occurred between Commissioner Phelps and Mrs. Stajduhar regarding the profit or non-profit sides to the business. Commissioner Redfearn questioned City Attorney Kailas regarding how would the ordinance be worded regarding the expiration of the Special Use Permit, in the change of property ownership? City Attorney Kallas City of Colleyville Page 5 Printed on 1H8/2008 Planning and Zoning Commission Minutes -Final December 10, 2007 stated the motion could be made that the expiration of the Special Use Permit shall automatically revoke should the use of the accessory building as a therapeutic horse riding facility ever cease. Commissioner Redfearn questioned staff regarding if the draft ordinance were approved, would it replace the previous ordinance or does it follow along with? Ron Ruthven stated the previous ordinance is still in effect except where it is amended in the draft ordinance. Commissioner Duffy moved to amendment stated by City Attorney shall automatically revoke should the therapeutic horse riding facility e seconded. approve case Z-07-036 with the Kallas that the Special Use Permit use of the accessory building as a er cease. Commissioner Byerly Commissioner Phelps stated he would like an amendment regarding adding screening between the property adjacent to the arena. Commissioner Byerly stated he would not accept this amendment because the neighbors have not requested that there be additional screening. He stated he would not put an additional requirement or burden on the Stajduhars. The motion carried by the following vote: Aye: 6 -Knox, Redfearn, Clardy, Phelps, Duffy, Byerly Absent: 1 - Dudziak 8c Approval of a request to amend the zoning and development requirements of the Planned Unit Development of The Villas at Oak Pointe Addition located at Oak Pointe Drive and Colleyville Boulevard, Case Z-07-037 Ron Ruthven presented the case and briefed the Commissioners. Commissioner Redfearn questioned staff for clarity regarding the red lines on the exhibits represent foot pads? Ron Ruthven replied yes. Commissioner Duffy questioned staff for clarity regarding staff's recommendation for approval for the setback request but a denial for the sidewalk waiver request? Ron Ruthven replied that is correct. Commissioner Byerly opened the public hearing at 8:10 p.m. Kelly Dykes, the applicant, came forward to present the case and brief the Commissioners. He stated they are going to keep the sidewalks. Commissioner Duffy questioned Mr. Dykes regarding which lots would the request affect? Mr. Dykes replied all of the homes except Lots 1-25, City of Colleyville Page 8 Printed on 1H8/2008 Planning and Zoning Commission Minutes -Final December 10, 2007 those are all townhomes. Commissioner Duffy questioned Mr. Dykes regarding how could it not be recognized that there are 20 foot setbacks for the lots? Mr. Dykes replied not knowing and the plat does not call out the front facing garage issue. He stated they usually build homes with side or rear entry garages. He stated they did not look at the ordinance when drawing the plans. Commissioner Phelps questioned Mr. Dykes regarding which lots are affected? Mr. Dykes replied all of the lots except Lots 1-19, those are townhomes, all of the large lots. Commissioner Duffy questioned Mr. Dykes regarding are there any intentions to build larger homes than what was originally intended? Mr. Dykes replied no. He stated the houses are going to be 3,200 to 3,800 square feet. Commissioner Duffy questioned Mr. Dykes regarding the emails that have been received addressing the 30 foot tree buffer? Mr. Dykes replied the tree preservation buffer is not an oversight and he stated they are working with the Sage Group, who actually developed and designed the development. He stated they are working with other arborists to design the tree buffer to see what needs to be done accurately in the buffer. He stated there will be a 30 foot tree buffer, however, they are working to get the buffer to what the adjacent neighbors are wanting. Commissioner Redfearn questioned Mr. Dykes regarding if a lot of trees have come down in the tree buffer? Mr. Dykes replied they took out what they considered to be dead trees, underbrush, vines, poison ivy and poison oak. He stated they kept the trees that were fantastic, however, they did remove some that were junk. He stated they are going to replace those trees with the arborist's plan. Commissioner Redfearn questioned Mr. Dykes regarding if the sidewalk will be in the 15 foot setback? Mr. Dykes replied the sidewalk will not be in the setback. Commissioner Duffy questioned Mr. Dykes if the houses will be 19 feet from the street? Mr. Dykes replied he would have to look at the plat to be sure, but that sounded reasonable. Commissioner Clardy stated several of the letters mention a concern of higher finished floor pads. He questioned Mr. Dykes regarding if that is the case, how big of a variance is there? Mr. Dykes replied not knowing how much higher they are than the neighboring property. He stated they did not raise any of the lots. He stated the topographies are different. City of Colleyville page 7 Printed on 1H8/2008 Planning and Zoning Commission Minutes -Final December 10, 2007 David Bagwell, P.O. Box 1672, Colleyville, came forward and stated being in favor of the front setback that is being requested and stated the sidewalk should be five feet in the front. He stated the developer did not adhere to the tree preservation that was in the approved ordinance. Kurt Stalnaker, 6108 Burnham Circle, came forward and stated the developer has torn down hundreds of trees, built the pad sites up higher and stated there are drainage issues. He stated the run off has created trenches. There being no one wishing to speak, the public hearing was closed at 8:27 p.m. Mr. Dykes stated they will work with the adjacent neighbors regarding the drainage. He stated they are currently working on the tree buffer with an arborist. He stated he needs a vote for the setback request. Commissioner Duffy questioned staff regarding if the drainage was approved by the City? Ron Ruthven replied yes. Commissioner Duffy questioned staff regarding if the elevations or contours have been changed? Ron Ruthven replied he would have to refer to Engineering for that. City Attorney Kallas stated the issues to be discussed are the front setback and the sidewalk waiver request. He stated there is an ordinance in place, beyond that would be code enforcement issues. Commissioner Duffy concurred and stated if the developer is in a stop work because the plans were read wrong, this correction to the ordinance is to help the developer. Commissioner Byerly questioned staff regarding if the tree buffer is not an issue to be discussed today? City Attorney Kallas concurred. Commissioner Redfearn questioned Mr. Bagwell, for clarity, regarding his recommendation of the 15 foot setback. Mr. Bagwell replied correct. Discussion occurred between Commissioner Redfearn and Mr. Bagwell regarding the front setback and sidewalk placement. Mr. Dykes stated the homes will be around 3,200 to 3,800 square feet. He stated there are 14 plans ready. He stated not being in favor of moving the sidewalk to the curb. He stated wanting to build a four foot sidewalk not a five foot sidewalk. Commissioner Duffy questioned the Chair regarding what is this ordinance requesting? Commissioner Byerly stated this ordinance is requesting to reduce the setback to 15 feet for a front facing garage and originally waive the sidewalk, but the applicant has withdrawn the waiver request regarding sidewalks. City Attorney Kallas suggested that the City of Colleyville Page 8 Printed on 1H8/2008 Planning and Zoning Commission Minutes -Final December 10, 2007 Commission in the motion, to deny the sidewalk request. Commissioner Phelps questioned staff regarding if the sidewalk waiver denial is in the ordinance? Ron Ruthven replied the ordinance was written with the sidewalk waiver request being granted. Commissioner Redfearn moved to approve case Z-07-037 with the 15 foot setback and deny the sidewalk waiver request. Commissioner Phelps seconded. Commissioner Duffy questioned City Attorney Kailas regarding since this is a PUD amendment, can the Commission specify the size of the sidewalk? City Attorney Kailas stated that would be appropriate if the maker of the motion would like to amend. Commissioner Duffy questioned Commissioner Redfearn and Commissioner Phelps if they would be willing to amend the motion to make the sidewalk adjacent to the curb and five feet in width? Commissioner Redfearn stated he would. Commissioner Phelps stated if there is not any specific language put into the ordinance, city standards requires a four foot sidewalk. He stated he would prefer to go with the standard sidewalk. Commissioner Byerly stated that being a no from Commissioner Phelps. He stated to let the Commission vote to see where it will stand. Commissioner Duffy questioned the Chair regarding if the four foot sidewalk could be adjacent to the curb? Commissioner Byerly questioned Commissioner Duffy if that was a second amendment offer? Commissioner Duffy concurred. City Attorney Kailas stated the Council has approved the PUDR with certain regulations in it. He stated he withdraws the comment that the Commission could amend the PUDR regulations. He stated the Commission can recommend a waiver to those requirements but not a more intense use. Commissioner Duffy stated this just being about the placement of the sidewalk, it will still be a four foot sidewalk. Commissioner Phelps stated he would not be in favor of the placement of the sidewalk adjacent to the curb. He stated he would like to leave that up to the developer or current code. City Attorney Kailas questioned staff regarding if the Development Code states the placement of the sidewalk. Jeremy Hutt, Engineering, replied if the sidewalk is adjacent to the curb, then it will have to be five feet. He stated there is not a distance requirement if they do not tie it into the curb. City of Colleyville Page 9 Printed on iH6/2008 Planning and Zoning Commission Minutes -Final December 10, 2007 City Attorney Kallas stated to Commissioner Duffy that the Council has approved the four foot wide sidewalk, therefore, the Commission can not recommend placement. Commissioner Byerly restated the motion: Commissioner Redfearn moved to approve case Z-07-037 with the 15 foot setback and deny the sidewalk waiver request. Commissioner Phelps seconded. The motion carried by the following vote: Aye: 5 -Knox, Redfearn, Clardy, Phelps, Byerly Nay: 1 -Duffy Absent: 1 - Dudziak 9. STAFF COMMENTS, REPORTS AND DISCUSSION ITEMS None 10. COMMISSIONERS' COMMENTS AND REPORTS Commissioner Byerly requested staff to look into the Code Enforcement issues stated tonight regarding drainage and the tree buffer. Commissioner Duffy questioned staff regarding an update for the joint meeting with City Council and the Commission? Chris Fuller replied there are none at this time, however, if you would like to submit comments or information, you may do so. 11. ADJOURNMENT The meeting adjourned at 8:41 p.m. I hereby certify the above agenda was posted on the bulletin boards at City Hall on Thursday, December 6, 2007 by 5:00 p.m. Amy Shelley, Planning and Zoning Assistant The meeting minutes were approved on January 14, 2008. City of Colleyville Page 10 Printed on 1/18/2008