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HomeMy WebLinkAboutPlanning and Zoning Commission-Minutes-2/25/2008"" City of Colleyville ~e~ f,, -~ ~ 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. City of Colleyville Page 1 Printed on 3/11/2008 Planning and Zoning Commission Minutes -Final February 25, 2008 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. City of Colleyville Page 2 Printed on 3/11/2008 Planning and Zoning Commission Minutes -Final February 25, 2008 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, City of Colleyville Page 3 Printed on 3/11/2008 Planning and Zoning Commission Minutes -Final February 25, 2008 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 City of Colleyville Page 4 Prlntea on Jig v~uva Planning and Zoning Commission Minutes -Final February 25, 2008 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. City of Colleyville Page 5 rnnrea vn of ~ ucwv Planning and Zoning Commission Minutes -Final February 25, 2008 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 City of Colleyville Page 6 rnnrea on si ~ ~i~vvo Planning and Zoning Commission Minutes -Final February 25, 2008 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. City of Colleyville Page 7 rnnteo vn ~~ ~ ~i~wv Planning and Zoning Commission Minutes -Final February 25, 2008 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. City of Colleyville Page 8 Printed on 3/11/2008 Planning and Zoning Commission Minutes -Final February 25, 2008 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 City of Colleyville Page 9 Printed on 3/11/2008 Planning and Zoning Commission Minutes -Final February 25, 2008 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. City of Colleyville Page 10 Printed on 3/11/2008