HomeMy WebLinkAboutPlanning and Zoning Commission-Minutes-2/25/2008"" City of Colleyville
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-~ ~ Minutes -Final
LEGAL BRIEFING BY CITY ATTORNEY REGARDING PLANNING, ZONING,
PLATTING, AND LAND USE
100 Main Street
Colleyville, Texas 76034
(817) 503-1000
www.colleyville.com
Monday, February 25, 2008
6:15 PM
City Council Chambers
6:15 P.M.- PRE-COMMISSION WORKSHOP
EXECUTIVE CONFERENCE ROOM, THIRD FLOOR
Planning and Zoning Commission
Discussion of the comprehensive review regarding zoning case
recommendations, Case G-08-010
REVIEW OF REGULAR AGENDA ITEMS
DISCUSSION OF PREVIOUS MEETING MINUTES
7:00 P.M.
REGULAR MEETING
1.
CALL TO ORDER
The Planning and Zoning Commission meeting of the City of Colleyville
was called to order by Chairman Byerly on February 25, 2008 at 7:00
p.m.
2. ROLL CALL
3.
4.
5.
Present: Commissioners Larry Knox, Dave Dudziak, Scott Redfearn,
David Phelps, Denis Duffy, Jeff Byerly
Absent: Commissioner Michael Clardy
Staff Present: Chris Fuller, Ron Ruthven, Justin Bass, Robert McKeown
and Jeremy Hutt
INVOCATION
The invocation was given by Commissioner Phelps.
PLEDGE OF ALLEGIANCE
APPROVAL OF MINUTES
Commissioner Phelps moved to approve the meeting minutes.
Commissioner Duffy seconded.
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The motion carried by the following vote:
Aye: 6 -Knox, Dudziak, Redfearn, Phelps, Duffy, Byerly
Absent: 1 -Clardy
6. CITIZEN COMMENTS REGARDING ITEMS NOT ON THE AGENDA
None
7. REGULAR AGENDA ITEMS
7a Approval of a minor plat for Lot 1, Block 1 of the Beden Addition on 3.0
acres in the S.C.H. Wilton Survey located at 2313 Glade Road, Case
P-08-006
Justin Bass presented the case and briefed the Commission.
Commissioner Redfearn moved to approve case P-08-006.
Commissioner Knox seconded.
The motion carried by the following vote:
Aye: 5 -Knox, Dudziak, Redfearn, Phelps, Byerly
Nay: 1 -Duffy
Absent: 1 -Clardy
7b Approval of a minor plat for Lot 1, Block 1 of the Riverwalk at Glade
Road Addition on 0.5 acres being Tract 4A01A, Abstract 936 of the
Joseph M. Looney Survey located at 1100 Glade Road, Case P-08-007
Justin Bass presented the case and briefed the Commissioners.
Commissioner Duffy moved to approve case P-08-007. Commissioner
Phelps seconded.
The motion carried by the following vote:
Aye: 6 -Knox, Dudziak, Redfearn, Phelps, Duffy, Byerly
Absent: 1 -Clardy
8. PUBLIC HEARING AGENDA ITEMS
ga Approval of a request for a zoning change from AG-Agricultural and
R40-Single Family Residential to PUDR-Planned Unit Development
Residential on 18.2 acres being Lot 1, Block 1 of the River Valley Ranch
Addition and Lots 1A and 1 B, Block 1 of the Tate Addition located at
1200 Murphy Road and 8600 to 8612 Precinct Line Road, Case
Z-08-008
Ron Ruthven presented the case and briefed the Commissioners.
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Commissioner Dudziak questioned staff regarding if the .58 acres in the
southeast corner, as open space, does it comply with the open space
requirements since it is in a median? Ron Ruthven replied open space
is not allowed to be used in a median, however, median is not a
definition in the Land Development Code. Commissioner Dudziak
questioned staff regarding what is the width of the area? Ron Ruthven
replied approximately 30 to 40 feet. Commissioner Dudziak stated his
interpretation is that it is a median.
Commissioner Duffy questioned staff regarding the loop with 21 feet of
concrete with a 21 foot easement, can it come from the median? Ron
Ruthven stated the applicant has not stated a reason for it. He stated
the applicant has requested for the right of way to be the same width as
the actual pavement width. He stated that staff has recommended
against that request. He stated the recommendation is that it be 31 feet
of pavement width curb back to curb back and 50 feet of right of way.
Commissioner Duffy stated the entry way, if gated or not, does not meet
the regulations for turn around. Ron Ruthven stated that if the applicant
did want to have the development gated, at the time of platting, he would
have to meet all of the requirements of the Land Development Code,
unless a specific waiver was granted by the Commission.
Commissioner Duffy stated the applicant intends to bull doze the entire
lot and provide mitigation instead of protection. He stated the
Commission would like to protect trees and only mitigate those in the
right of way or the foot print of the house. Ron Ruthven stated the
applicant has not submitted specific mitigation measures, nor has he
requested any waivers to the tree preservation requirements of the Land
Development Code. He stated the applicant will have to meet all tree
mitigation requirements at the time of development.
Commissioner Duffy stated the applicant does not appear to be phasing
the development. Ron Ruthven stated the applicant has indicated that
he will develop the subdivision in one phase.
Commissioner Phelps questioned staff regarding if the HOA documents
require a certified engineer study, done at platting or during the zoning
process? Ron Ruthven replied during the platting process.
Commissioner Byerly opened the public hearing at 7:35 p.m.
Adam Buczek, the applicant, came forward to present the case and brief
the Commissioners.
Commissioner Duffy questioned Mr. Buczek regarding tree protection,
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the planning objectives state that there will be tree mitigation, will the
project site be bulldozed down and then trees will be replanted? Mr.
Buczek replied that is not correct. He stated they will do a tree survey
that will account for every tree on the property and he stated they would
follow the City's requirements.
Commissioner Duffy questioned Mr. Buczek regarding if the drawing was
accurate that depicted the trees? Mr. Buczek replied it is accurate.
Commissioner Duffy stated every street and every house will go through
a major cluster of trees. Mr. Buczek stated that there is no doubt that
trees will have to come out. However, he stated there are some major
tree lines on the property that will be saved. He stated there will be a
trail system that wilt run through those areas. He stated the less than 6
to 8 inch caliper trees will be the ones removed and mitigated. He stated
they are going to do whatever they will need to do to preserve the trees.
Commissioner Duffy questioned Mr. Buczek regarding the traffic, he
stated the standard is 9.7 per day, which the actual traffic numbers need
to be evaluated again. Mr. Buczek stated the majority of the home
buyers will be empty nesters or buyers who want a low maintenance lot.
Commissioner Duffy questioned Mr. Buczek regarding if this
development has been discussed with the Keller school district? Mr.
Buczek replied yes, but they have not received any sign off letters.
Commissioner Duffy questioned Mr. Buczek regarding how much of the
western boundary of the water ponds is detention and utilization of open
space? Mr. Buczek replied that they are well below the amount that can
be used for open space for detention.
Commissioner Duffy questioned Mr. Buczek regarding if he has
discussed with North Richland Hills or Keller regarding the water that will
be discharged into their system? Mr. Buczek replied yes, Keller is who
they will be working with.
Commissioner Duffy questioned Mr. Buczek regarding there will be a
need for a sewer lift station and that this development will tap onto the
Keller system? Mr. Buczek stated it is not for sure known. He stated he
provided a letter from Keller regarding the requirement from Keller of a
lift station. Mr. Buczek stated using the Bandit Trail sewer line. He
stated if they were not able to tie into the Keller system, they will have to
provide a sewer lift station. Mr. Buczek replied being willing to do what
the City will require to avoid having to do a lift station.
Commissioner Duffy questioned Mr. Buczek regarding the 21 feet of
concrete for Cannon Court and 21 feet of right of way, is there any
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reason not to give the 50 foot of right of way? Mr. Buczek stated the 50
foot of right of way is off of the main entry off of Murphy Road. He stated
if for some reason that the City needed to gain access for fire or
whatever, across Cannon Court, he stated they could easily go across
the open space, by pulling the fire hose, it is only about 50 feet of open
space. Fire Marshal Rob McKeown replied he did not support that idea.
Mr. Buczek stated if the 50 foot of right of way is required, then they will
do so. He stated it would be better to have more open space with the
parking only on one side of the street. He stated if the Commission
wants two streets in there, he will provide two streets.
Commissioner Dudziak questioned Mr. Buczek regarding the open space
calculation, is the 0.5 acres a median? Mr. Buczek replied he could put
this open space contiguous with the open space that is on the west side
when entering in off of Murphy Road. Commissioner Dudziak stated
there is not a solid definition for median. He stated he would like to see
it moved to a more contiguous space.
Commissioner Dudziak stated having the most concern for the project
with the loss the commercial component that is outlined in the Master
Plan. He stated Precinct Line is one of the most traveled thoroughfares
in Colleyville. He questioned Mr. Buczek regarding if the commercial
aspect could be incorporated into this development? Mr. Buczek replied
they preferred to do all single family so that there would not be
commercial abutting the residential. He stated he has been advised to
do a right in and right out on the entrance from Precinct Line Road which
would create an issue for commercial development there. Commissioner
Dudziak stated he understood the concerns but stated not wanting to
give up those commercial lots.
Commissioner Duffy questioned Mr. Buczek regarding the entry from
Murphy? Mr. Buczek replied there will be a six foot tall masonry
screening wall, as indicated on the site plan, for the frontage from
Murphy that would stop on the edge of the southeastern most lot to the
middle of where the slip street is bent. He stated they would be able to
come in from Murphy and see the open space lot in that entrance. He
stated there would be a high end entrance to the community. He stated
they have asked for the option of gating the community because some of
the builders have indicated that they would like for the development to be
gated and some have indicated that they do not want it gated. He stated
he does not know, at this time, who the builders will be. Commissioner
Duffy questioned Mr. Buczek regarding if he has looked at the ordinance
regarding gates, distance from the main street and distance for turn
around? Mr. Buczek replied he has not read it in full.
Commissioner Redfearn questioned Mr. Buczek regarding what are the
market demands for the villa type, empty nester, patio type homes? Mr.
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Buczek replied that the builders have indicated that they sell out of those
type of lots very quickly. He stated the mayor of Keller has indicated that
there are people in his office every week waiting for this type of product.
Steve Polansky, 6713 Herbert Road, stated having concerns for the
traffic on Murphy Road and the access on Murphy Road from Precinct
Line Road. He stated not seeing that Murphy Road would be developed
in this project. He stated having concerns for the removal of trees, an
overlay of the site plan on the aerial would be nice to see. He stated the
road width will become an issue with a narrow road when holidays are
present and cars are parked on both sides of the street. He stated if the
commercial lots are going to stay, he stated he would like to see them
only gain access on Precinct Line Road, not Murphy Road. He stated
the masonry walls on Murphy Road will not blend with the area.
Ron Shirley, 5611 Colleyville Boulevard, Suite 260, stated he would like
to see the minimum lot sizes in the PUDR requirements remain, 13,000
minimum or 16,000 average. He stated having a concern for the
Quinby's, the property just outside of Murphy Road and Precinct Line, he
stated that is a prime location for a commercial piece. He stated the
Quinby's have been approached for a commercial piece. He stated the
lots should have a 100 foot frontage.
Gary Quinby, 1212 W. Murphy Road, stated that they would like to retain
the commercial property, retail property, so that someday, he may be
commercial.
There being no one wishing to speak, the public hearing was closed at
8:35 p.m.
Mr. Buczek came forward to address the comments and concerns of the
speakers. He stated that some of the concerns are for platting and that
they are here requesting zoning. He stated they would be happy to
incorporate more property, however, it is not feasible. He stated they are
trying to do a beautiful project for the City. He stated they will comply
with the tree protection or tree mitigation.
Commissioner Phelps concurred with Commissioner Dudziak by
preserving the commercial lots. He stated there may be issues with two
entrances onto Murphy or on Precinct Line Road. He questioned staff
regarding if there have been- any alternatives for development regarding
the access? Ron Ruthven replied the developer has not provided any
alternatives to the development other than what has been presented
during this meeting. Ron Ruthven replied there are two entrances
required into this development per code requirements.
Commissioner Phelps questioned Mr. Buczek regarding if there are any
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other type configurations by keeping the commercial lots? Mr. Buczek
replied there is a challenge with having the commercial being adjacent to
the residential. He stated two points of access are required. He stated
not knowing how to have the drive thru from commercial to residential
without loosing the open space amenity. He stated the topography
becomes extremely steep. He stated they kept the second point of
access to a minimum for safety reasons. Commissioner Phelps stated
the entrance could be shifted to the north edge if the commercial is kept
with this development. Mr. Buczek stated there is a water structure,
water pump, that is the City of North Richland Hills that would limit that
possibility.
Commissioner Dudziak stated this is not the best use for this property.
He stated there is a commercial potential for this property.
Commissioner Dudziak moved to deny case Z-08-008. Commissioner
Byerly seconded.
Commissioner Byerly concurred with Commissioner Dudziak and stated
the commercial property needs to be saved for this area. He stated he
concurred with Mr. Shirley's density issues. He stated the larger, villas
type properties are selling quickly, but not the smaller, villa type projects.
He stated the Fire Marshal has issues with the setbacks. He stated he
would be willing to continue the case if the developer is able to keep the
commercial lots within the development, create larger lots that some
PUDs have in the area and reconfigure the open space so that it is
usable open space.
Commissioner Duffy concurred and stated the applicant has stated he
can not use the commercial lots with this development. He stated the
applicant has had sufficient time to respond.
Commissioner Knox stated having concerns for the density and the slip
street. He stated some accommodations need to be considered to keep
the commercial lots.
Commissioner Phelps concurred and stated there are too many waivers
that have been requested that would have to be reworked into the
ordinance. He stated he would support the denial or the tabling of the
case. He stated there are several issues that the developer would need
to address. He stated there are issues with the density.
Commissioner Redfearn concurred with Commissioner Phelps regarding
density. He stated the market seems to be saturated with this type of
development. He stated there are a lot of these type of developments
that are going to be developed which have already been approved.
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Commissioner Byerly questioned Mr. Buczek regarding if he thinks that
he can work with the parameters that have been given and come back
with an alternative plan? Mr. Buczek replied he could go back to the
drawing board and come back with an alternative plan. He stated staff
had recommended approval therefore they did not have any alternatives
to the development to present to the Commission.
Discussion occurred between the Commissioners regarding whether to
continue or deny. Commissioner Duffy stated this presentation was not
a good presentation.
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The motion failed by the following vote:
Aye: 3 -Knox, Redfearn, Duffy
Nay: 3 -Dudziak, Phelps, Byerly
Absent: 1 -Clardy
Commissioner Byerly moved to continue case Z-08-008 to the next
meeting. Commissioner Phelps seconded.
Commissioner Phelps stated that the continuation of the case does
not mean an approval.
Commissioner Duffy stated once the zoning is gone through, the
Commission will have little that they can add at the time of platting.
Commissioner Redfearn questioned staff if there will be another
public hearing at the next meeting since the presentation may be
different? Commissioner Byerly stated the motion is to continue
the case with no public hearing. City Attorney Kailas stated staff
could renotice the case as a public hearing so that if the
Commission wanted to have a public hearing, they could do so.
Commissioner Duffy stated there were three speakers who spoke in
opposition to the request. He stated the applicant will not be ready
in two weeks to be able to answer questions. He stated not all of
the issues will be able to be addressed. He stated the Commission
should not stop were they are in their decision for this case.
The motion failed by the following vote:
Aye: 3 -Dudziak, Phelps, Byerly
Nay: 3 -Knox, Redfearn, Duffy
Absent: 1 -Clardy
Commissioner Byerly stated some action needs to be taken tonight.
He stated that the applicant has stated that he will take the
concerns and address them with another presentation. He stated
no one said they did not want to see the development at all. He
stated he thought it would be better for the applicant to have
another chance with the Commission other than taking a denial to
City Council.
Commissioner Duffy stated a recent denial went to City Council and
the Commission did not have a shot at those revisions. He stated
this was not a good presentation and stated he does not want to
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have to go through this again.
Commissioner Duffy moved to deny case Z-08-008. With no
second, the motion failed.
Commissioner Dudziak questioned staff regarding if the
Commission were to deny the request, what is the process for the
applicant to move forward? Chris Fuller replied there are four
affirmative votes needed, regardless of how the Commission votes.
He stated the request can be improved, deny the request as it is or
continue to a date certain or a date that is not certain and staff will
renotify the public hearing in order to give the applicant ample time
to get the revisions. The applicant may appeal a denial to City
Council in writing within 10 days of this meeting. The request
would then move forward to City Council and it will require a
supermajority vote, being 6 out of 7 votes.
Commissioner Redfearn moved to table case Z-08-008 to a date
uncertain so that the public hearing will be renotifiied.
Commissioner Byerly seconded.
The motion carried by the following vote:
Aye: 5 -Knox, Dudziak, Redfearn, Phelps, Byerly
Nay: 1 -Duffy
Absent: 1 -Clardy
9. STAFF COMMENTS, REPORTS AND DISCUSSION ITEMS
None
10. COMMISSIONERS' COMMENTS AND REPORTS
Commissioner Dudziak questioned staff if a definition for "median" could
be outlined. Ron Ruthven concurred.
11. ADJOURNMENT
The meeting adjourned at 8:45 p.m.
I hereby certify the above agenda was posted on the bulletin boards at City Hall
on Thursday, February 21, 2008 by 5:00 p.m.
Amy Shelley, Planning and Zoning Assistant
The meeting minutes were approved on March 10, 2008.
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