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HomeMy WebLinkAboutPlanning and Zoning Commission-Minutes-3/24/2008_t _ _'`,~_ , , City of Colleyville Minutes -Final r.:;.; . Planning and Zoning Commission 100 Main Street Colleyville, Texas 76034 (817) 503-1000 www.colleyville.com Monday, March 24, 2008 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 EXECUTIVE SESSION - In accordance with Texas Government Code Chapter 551.071, Subchapter D The Executive Session opened at 6:55 p.m. The Executive Session closed at 7:06 p.m. 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 March 24, 2008 at 7:10 p.m. 2. ROLL CALL Present: Commissioners Larry Knox, Dave Dudziak, Michael Clardy, David Phelps, Denis Duffy and Jeff Byerly Absent: Commissioner Scott Redfearn Staff Present: Chris Fuller, Ron Ruthven, Justin Bass, Jeremy Hutt, Robert McKeown and Amy Shelley 3. INVOCATION The invocation was given by Commissioner Knox. 4. PLEDGE OF ALLEGIANCE City of Colleyville Page 1 Printed on 4/15/2008 Planning and Zoning Commission Minutes -Final March 24, 2008 5. APPROVAL OF MINUTES Commissioner Byerly moved to the March 10, 2008 meeting minutes with the correction on page 5, last paragraph to reflect the neighbors in Bedford and on page 6, remove "approve" from paragraph 6. Commissioner Duffy seconded. The motion carried by the following vote: Aye: 6 -Knox, Dudziak, Clardy, Phelps, Duffy, Byerly Absent: 1 -Redfearn 6. CITIZEN COMMENTS REGARDING ITEMS NOT ON THE AGENDA None 7. REGULAR AGENDA ITEMS 7a Approval of a minor plat for 2.6 acres on Tract 2J of Abstract 328 of the S. Contrail Survey located at 4704 Bill Simmons Road, Case P-08-010 Justin Bass presented the case and briefed the Commissioners. Commissioner Dudziak questioned staff regarding if there are any concerns for the dual zoning on the property? Ron Ruthven replied no, there are no issues. Commissioner Duffy questioned staff regarding if there will be a requirement for a fire hydrant since this property is beyond the 500 foot requirement? Ron Ruthven replied they will have to meet the requirements of the building code. Commissioner Phelps moved to approve case P-08-010. Commissioner Knox seconded. The motion carried by the following vote: Aye: 6 -Knox, Dudziak, Clardy, Phelps, Duffy, Byerly Absent: 1 -Redfearn 7b Approval of a request for an appeal of the tree mitigation requirements in the Land Development Code for the Winding Creek Addition, located in the 6500 block of Colleyville Boulevard, Case G-08-016 Ron Ruthven presented the case and briefed the Commissioners. Commissioner Duffy questioned staff regarding how many trees or caliper inches will be left or taken down? Ron Ruthven replied the developer has indicated that 266 caliper inches from 17 trees being removed for Lot 5. Commissioner Duffy questioned staff regarding why City of Colleyville Page 2 Printed on 4/15/2008 Planning and Zoning Commission Minutes -Final March 24, 2008 the developer will only be replacing 86 caliper inches? Ron Ruthven replied the developer has not indicated. Commissioner Duffy states that if the developer chooses not to replace the trees, he will have to put $100 per caliper inch for the tree replacement for the City, correct? Ron Ruthven replied correct. Commissioner Dudziak questioned staff regarding if a tree survey will have to be completed before any work can be started? Ron Ruthven replied yes. Commissioner Dudziak questioned staff regarding if it will be done prior to the approval of a plat? Ron Ruthven replied the plat has already been approved. Commissioner Duffy stated prior to the approval of a grading permit. Ron Ruthven concurred. Ray Collins, representative for the subject property, came forward to present the case and brief the Commissioners. Commissioner Duffy questioned Mr. Collins regarding how many caliper inches will be left or taken down? Mr. Collins replied 266 caliper inches will be taken down and they will replace 68 of those. He stated of the 198 caliper inches remaining, they will mitigate those and distribute all over the property. He stated in the end all 266 inches will be replaced. Commissioner Duffy questioned Mr. Collins if all of the trees on Lot 5 will be bulldozed? Mr. Collins replied no, those will be replaced and put out within the site itself. He stated this will be an ongoing process for the development of the property and the replacement of the trees, a couple of years. Commissioner Duffy stated he hated to lose any trees at all. Mr. Collins concurred. Commissioner Phelps questioned Mr. Collins regarding what is the total number of caliper inches? Mr. Collins replied 82 is what is indicated on the plan. Lanny Wilkinson, the owner of the property, came forward to present the case and brief the Commission. Commissioner Dudziak questioned Mr. Collins how many inches will be mitigated or put in? Mr. Collins stated all 266 caliper inches will be replaced. Commissioner Byerly stated 82 inches of trees would have to be mitigated. Ron Ruthven replied the building pad is not shown on the City of Colleyville Page 3 Printed on 4/15/2008 Planning and Zoning Commission Minutes -Final March 24, 2008 actual tree survey therefore it is difficult to show what is actually in the way of the building pad. He stated the 82, that are shown, are going to be mitigated. Commissioner Byerly stated the 266 inches includes all of the trees, including the ones in the building pads and drainage easements. Mr. Wilkinson stated under the current code, they would not have to mitigate anything under the building pad or in the drainage easement. Ron Ruthven replied the trees in the drainage easement, under the current code, would have to be mitigate, however the PUD ordinance for this development does not require any trees in the drainage easement to be mitigated. Mr. Wilkinson replied the 266 caliper inches is off of Lot 5 and all will be replaced which will exceed what is required in the code. Commissioner Byerly moved to approve case G-08-016 with the requirement that the developer mitigate 266 caliper inches of trees. Commissioner Knox seconded. Commissioner Dudziak stated the 266 inches is really a light number. He stated this will be only on Lot 5. Commissioner Byerly stated they will be mitigated somewhere on the adjacent properties or on Lot 5. Commissioner Dudziak questioned staff regarding if there will be any other standards on the other adjacent lots within the ordinance? Commissioner Byerly stated the PUD ordinance will be after the waiver request. Commissioner Dudziak stated the ordinance will be considered separately for additional trees on the other lots? Commissioner Byerly concurred. Commissioner Dudziak stated the 266 caliper inches is for Lot 5 only. Commissioner Byerly concurred. Commissioner Phelps questioned if the insertion of a specific number more or less onerous than the recommendation subject to mitigation and of all non exempt trees removed as required in the ordinance. Commissioner Byerly stated his understanding is it is more onerous because the applicant has agreed to that. He stated if the recommendations were made subject to the Land Development Code, they would only have to mitigate 82 inches, however, the applicant has kindly agreed to mitigate the 266 caliper inches. The motion carried by the following vote: Aye: 6 -Knox, Dudziak, Clardy, Phelps, Duffy, Byerly Absent: 1 - Redfearn City of Colleyville Page 4 Printed on 4/15/2008 Planning and Zoning Commission Minutes -Final March 24, 2008 8. PUBLIC HEARING AGENDA ITEMS 8a Approval of a request for an amendment to the PUDC-Planned Unit Development Commercial zoning district regulations for the Winding Creek Addition located in the 6500 block of Colleyville Boulevard, Case Z-08-012 Ron Ruthven presented the case and briefed the Commissioners. Commissioner Byerly opened the public hearing at 7:42 p.m. Lanny Wilkinson, the owner of the property, stated that Lot 2 is part of the PUD. Ron Ruthven the entire Winding Creek Addition is included in the PUD ordinance. There being no one wishing to speak, the public hearing was closed at 7:44 p.m. Commissioner Byerly questioned staff regarding how does the Commission integrate the additional mitigation requirements that were approved by the tree waiver into this PUD amendment? City Attorney Kallas replied that staff recommended to apply the current tree preservation ordinances to the PUD and replace the existing language with the current Land Development Code requirements. He stated if the Commission wanted to entertain something similar to the requirements under the code with the addition of mitigating the trees underneath the pad sites, would be more owneruous than what staff has recommended. Commissioner Byerly questioned City Attorney Kallas regarding if the current Land Development Code applicable to the whole PUD ordinance; he stated now there is a PUD that says the developer has to mitigate trees based on the Land Development Code. He questioned if the extra 180 caliper inches of trees that were approved for Lot 5, go away? He questioned how the Commission would account for that in the amendment of the ordinance? City Attorney Kallas replied no, the tree waiver would take precedence over the PUD amendment made after the waiver. He stated the 266 caliper inches would apply to Lot 5. However, for the remaining Lots, the PUD amendment would go under the current tree mitigating requirements. Commissioner Dudziak quesitoned staff regarding what is the number of trees that would be left on the remaining Lots that are not under a pad site? Ron Ruthven replied not having an exact number because there is not a tree survey for the entire PUD. Commissioner Dudziak questioned Mr. Wilkinson regarding what is the number of inches or trees in mind? Mr. Wilkinson stated the extra trees City of Colleyville Page 5 Printed on ai~5izvuu Planning and Zoning Commission Minutes -Final March 24, 2008 coming from Lot 5 would be pushed along the creek after the creek has been re-aligned. He stated not having a specific number however, he stated he would be landscaping the property heavily. He stated most of the good trees have been taken out by the State. He stated no other part of the property is affected by the trees. Commissioner Phelps moved to approve case Z-08-012 subject to the mitigation waiver for Lot 5 be considered. Commissioner Clardy seconded. Commissioner Dudziak questioned City Attorney Kallas regarding if the Commission can recommend an amount of tree inches to be put in the ordinance for the property? City Attorney Kallas recommended that the Commission not put a specific number in the amendment, simply because there is no tree survey. He stated there could be a recommendation sent outside of the approval that could be mentioned to the Developer. Commissioner Dudziak stated there should be no specific inches in the ordinance. He questioned if the Commission could have the developer exceed what is mitigated under the Land Development Code? City Attorney Kallas questioned exceed by how much? Commissioner Dudziak replied a percentage. Commissioner Byerly stated that would be a seperate motion if the current motion fails. The motion carried by the following vote: Aye: 5 -Knox, Clardy, Phelps, Duffy, Byerly Nay: 1 -Dudziak Absent: 1 - Redfearn gb Consideration of an amendment to the Master Thoroughfare Plan to add Lavaca Trail and Murphy Road, Case G-08-014 Ron Ruthven presented the case and briefed the Commissioners. Commissioner Byerly questioned staff regarding if this amendment is for the funding issues related to the streets? Ron Ruthven replied yes. Commissioner Phelps questioned staff regarding if this will have an impact on the scheduling of improvements? Ron Ruthven replied it would facilitate quicker funding for the roads, therefore, yes. Commissioner Byerly opened the public hearing at 7:57 p.m. There being no one wishing to speak, the public hearing was closed at 7:57 p.m. Commissioner Clardy moved to approve case G-08-014. Commissioner Duffy seconded. City of Colleyville Page 6 Printed on 4/15/2008 Planning and Zoning Commission Minutes -Final March 24, 2008 The motion carried by the following vote: Aye: 6 -Knox, Dudziak, Clardy, Phelps, Duffy, Byerly Absent: 1 -Redfearn 9. TABLED AGENDA ITEMS 9a 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 Commissioner Dudziak moved to remove this item from the tabled items. Commissioner Phelps seconded. The motion carried by the following vote: Aye: 6 -Knox, Dudziak, Clardy, Phelps, Duffy, Byerly Absent: 1 -Redfearn Ron Ruthven presented the case and briefed the Commissioners. Commissioner Byerly opened the public hearing at 8:01 p.m. Adam Buczek, the applicant, came forward to present the case and brief the Commissioners. Commissioner Phelps questioned Mr. Buczek regarding if the entry will be the same whether or not it will be gated off of Guthrie Drive? Mr. Buczek replied the configuration will be the same. If not gated, the cobblestone will still be in place. Commissioner Dudziak questioned Mr. Buczek regarding if the trees will be one, three inch caliper tree every 20 feet or two, three inch caliper trees every 20 feet? Mr. Buczek stated they will plant more trees than what is required by the code. He stated they are going to double what is necessary to make it a buffer from Murphy Road and along the trail. Gary Quinby, 1212 W. Murphy Road, questioned the Commission if the term retail is generic, what does commercial mean? Roger Guthrie, 1200 W. Murphy Road, owner of the property, questioned the Commission with regards to what commercial is? He stated the master plan recommended a green belt. He stated now the City wants commercial. He stated the original plan was a good plan and the 1.4 acres for commercial is not going to make or break the City. City of Colleyville Page 7 Printed on 4/15/2008 Planning and Zoning Commission Minutes -Final March 24, 2008 AHHRRR Guthrie Limited Partnership, 1200 W. Murphy Road, stated if the Commission wants commercial, there will be commercial. There being no one wishing to speak, the public hearing was closed at 8:19 p.m. Mr. Buczek stated they are committed to the plan as presented and they respect Dr. Guthrie's comments. Commissioner Clardy questioned staff if the small banding along each of the internal streets is the site plan or sidewalks? Ron Ruthven replied those are sidewalks and the sidewalks will have to meet all city requirements for construction. Commissioner Byerly questioned staff regarding what uses under the CC2 zoning district would be allowed on the commercial property? Ron Ruthven replied the CC2 zoning district is the most inclusive of the commercial zoning districts. It allows all offices uses and most retail uses. He stated the only commercial uses not seen in the CC2 zoning district are the light industrial type uses. Commissioner Dudziak questioned staff with the 4.0 dwelling units per acre using the commercial property for that, is that used in the calculation? Ron Ruthven replied the 4 dwelling units per acre is outlined in the ordinance. Mr. Buczek stated the 3.9 is net of the commercial acreage pad, including the commercial gross on the property is 3.67. He stated when 13% of the lots were eliminated, there was a 4.2 density. Commissioner Byerly questioned Mr. Buczek regarding if the commercial component has been maximized? Mr. Buczek replied yes. Commissioner Dudziak moved to approve case Z-08-008. Commissioner Phelps seconded. Commissioner Phelps complimented the developer regarding the revised site plan. He stated the inclusion of the commercial property was decided upon by the neighbors when completing the Master Plan. He stated having issues with the lot sizes, overall a good plan. He stated the higher density does create a larger foot pads for the buildings which will cut into the trees. He stated he understood the issues with the access. Commissioner Duffy questioned staff regarding the proposed ordinance states fire alarm and suppression systems? Commissioner Byerly stated City of Colleyville Page 8 Printed on 4/15/2008 Planning and Zoning Commission Minutes -Final March 24, 2008 for clarity, are smoke alarms part of the fire code that would not have to be a part of the PUD ordinance? Marshal McKeown replied that being a requirement for the 2003 Building Code that requires smoke detectors is all bedrooms and would be in addition to the fire suppression system. Commissioner Byerly thanked the developer regarding the revised site plan. He stated the density is still higher than what they like to see. He stated he would like to add a friendly amendment to the draft ordinance for one (3) inch caliper tree for every ten feet of right of way along Murphy Road. Both agreed to the amendment. The motion carried by the following vote: Aye: 6 -Knox, Dudziak, Clardy, Phelps, Duffy, Byerly Absent: 1 -Redfearn 9b Approval of a request for a Special Use Permit for a telecommunications tower on Tract 1A of Abstract 1077 and Tract 5A1A of Abstract 339 of the L.L. McLain Survey located at 3816 Bedford Court, Case Z-08-010 Commissioner Clardy moved to remove this item from the tabled items. Commissioner Byerly seconded. The motion carried by the following vote: Aye: 6 -Knox, Dudziak, Clardy, Phelps, Duffy, Byerly Absent: 1 -Redfearn Ron Ruthven presented the case and briefed the Commissioners. Peter Kavanagh, the applicant, came forward to present the case and brief the Commissioners. He stated the site has been moved so that the pole will be 110 feet away from the adjacent neighbors. Discussion occurred between Commissioner Duffy, Commissioner Clardy and Mr. Kavanagh regarding the measurements of the placement of the pole. Commissioner Byerly moved to approve case Z-08-010. Commissioner Phelps seconded. The motion carried by the following vote: Aye: 6 -Knox, Dudziak, Clardy, Phelps, Duffy, Byerly Absent: 1 -Redfearn 10. STAFF COMMENTS, REPORTS AND DISCUSSION ITEMS None City of Colleyville Page 9 Printed on 4/15/2008 Planning and Zoning Commission Minutes -Final March 24, 2008 11. COMMISSIONERS' COMMENTS AND REPORTS None 12. ADJOURNMENT The meeting adjourned at 8:35 p.m. I hereby certify the above agenda was posted on the bulletin boards at City hall on Thursday, March 20, 2008 by 5:00 p.m. Amy Shelley, Planning and Zoning Assistant The meeting minutes were approved on April 14, 2008. City of Colleyville Page 10 Printed on 4/15/2008