Loading...
HomeMy WebLinkAboutPlanning and Zoning Commission-Agenda Packets-6/9/2008City of Colleyville 100 Main Street Colleyville, Texas 76034 (817) 503-1000 www. Colleyville. com ~_I Fti' i~~ t ,~ ~ ~~ f. ;~,. Meeting Agenda Monday, June 9, 2008 6:15 PM City Council Chambers Planning and Zoning Commission ,,,,, City of Colleyville ~~.~ ,~i~~~~3 ~~ Meeting Agenda rc . _, . Planning and Zoning Commission City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com Monday, June 9, 2008 6:15 PM City Council Chambers 6:15 P.M.- PRE-COMMISSION WORKSHOP, EXECUTIVE CONF. ROOM, 3RD FLOOR LEGAL BRIEFING BY CITY ATTORNEY REGARDING PLANNING, ZONING, PLATTING, AND LAND USE REVIEW OF REGULAR AGENDA ITEMS AND DISCUSSION OF PREVIOUS MEETING MINUTES 7:00 P.M. -REGULAR MEETING 1. CALL TO ORDER 2. ROLL CALL 3. INVOCATION Commissioner Clardy 4. PLEDGE OF ALLEGIANCE 5. APPROVAL OF MINUTES May 12, 2008 6. CITIZEN COMMENTS REGARDING ITEMS NOT ON THE AGENDA 7. REGULAR AGENDA ITEMS 7a Approval of a minor plat for Lot 1, Block 1 of the Renaissance Estates Addition on 1.6 acres out of the BBB and C Ry Survey located at 412 Glade Road, Case P-08-020 8. STAFF COMMENTS, REPORTS AND DISCUSSION ITEMS 9. COMMISSIONERS' COMMENTS AND REPORTS 10. AIpJOURNMENT I hereb ertify the a ve agenda was posted on the bulletin boards at City Hall on Thursday, June 5, 2008 by 5:00 p.m. Amy Shelley, Planning and Zoning Assistant City of Colleyville Page 1 Printed on 5/28/2008 City of Colleyville 100 Main Street Colleyville, Texas 76034 (817) 503-1000 www. Colleyville. com ,~.ixi ni ~ -~ ~,~~ k ~ }S i5, t'~ti;+, Minutes -Draft Monday, May 12, 2008 6:15 PM City Council Chambers Planning and Zoning Commission City of Colleyville 100 Main Street ~~;iix~~~'_ Colleyville, Texas 76034 Minutes -Draft 817.503.1000 7~~x.~; www.colleyville.com Planning and Zoning Commission Monday, May 12, 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 DISCUSSION OF SCHEDULING A WORKSHOP REGARDING GAS WELL DRILLING REVIEW OF REGULAR AGENDA ITEMS DISCUSSION OF PREVIOUS MEETING MINUTES REGULAR MEETING 7:00 P.M. 1. CALL TO ORDER Present: Commissioners Larry Knox, Dave Dudziak, Scott Redfearn, Denis Duffy and Jeff Byerly Absent: Commissioners Michael Clardy and David Phelps Staff: Ron Ruthven, Justin Bass and Jeremy Hutt 2. ROLL CALL 3. INVOCATION The invocation was given by Commissioner Byerly. 4. PLEDGE OF ALLEGIANCE 5. APPROVAL OF MINUTES Commissioner Dudziak moved to approve the April 28, 2008 meeting minutes as written. Commissioner Knox seconded. The motion carried by the following vote: Aye: 5 -Knox, Dudziak, Redfearn, Duffy, Byerly Absent: 2 -Clardy, Phelps City of Colleyville Page 1 Printed on 5/28/2008 Planning and Zoning Commission Minutes -Draft May 12, 2008 6. CITIZEN COMMENTS REGARDING ITEMS NOT ON THE AGENDA None 7. REGULAR AGENDA ITEMS 7a Approval of a request by Mark Allan for a waiver of the tree mitigation requirements in the Land Development Code for Lot 48R1A, Block 4 of the Western Trails Addition, located at 607 Frontier Court, Case G-08-020 Justin Bass presented the case and briefed the Commission. Mark Allan, representing the property owner, came forward to present the case and brief the Commission. Commissioner Duffy questioned Mr. Allan regarding the time it has taken to apply for the tree mitigation? Mr. Allan replied the property owner relied on the contractor to take care of everything and he failed to do so. Commissioner Duffy stated to Mr. Allan that some of the trees that were removed were not out of necessity but for convenience. Mr. Allan stated the retaining wall was not represented on the drawings in the proper location; therefore, those trees were removed for the purpose of the retaining wall. He stated the property owner wanted to save as many trees as possible but the retaining walls did not allow for keeping most of the trees. Commissioner Duffy stated the wall does not go any where near most of the trees that were removed. Commissioner Duffy questioned Mr. Allan regarding if the contractors were aware of the situation when the permits were pulled? Mr. Allan replied he did not know at this point. Commissioner Dudziak questioned Mr. Allan regarding the statement of a hardship, what is the hardship, that they can not afford to plant the trees or that they can not afford the money to mitigate for them? Mr. Allan replied the practical difficulty to replace this amount of trees on the lot given the extent of the trees that have survived. He stated the trees that have remained and the retaining wall will make it difficult to create spots for the trees to be planted. Commissioner Dudziak stated if the planting of the trees is the hardship; the City gives an alternative to mitigate the planting of those trees by paying into the tree mitigation fund. Mr. Allan replied knowing what the code was meant for, however, paying the penalty is a separate issue. Commissioner Dudziak stated it is not a penalty, it is an option. City of Colleyville Page 2 Printed on 5/28/2008 Planning and Zoning Commission Minutes -Draft May 12, 2008 Commissioner Knox questioned Mr. Allan regarding if the retaining walls required tie backs? Mr. Allan replied yes and he explained the process that was involved with the building of the walls. Commissioner Redfearn questioned Mr. Allan regarding if those trees were taken down without the property owner's knowledge? Mr. Allan's response could not be heard because he did not speak into the microphone. Commissioner Byerly questioned Mr. Allan regarding if the lot is currently for sale? Mr. Allan replied yes. Commissioner Byerly questioned Mr. Allan regarding if the property owners bought the lot to build a house on it? Mr. Allan replied yes, however as a result of the cost of the walls, they have decided not to build on it. Commissioner Redfearn questioned staff regarding if trees are allowed to be removed would they be in the foot print of the building pad? Ron Ruthven replied yes, the setback envelope as well as utility easements. He stated the retaining walls are not considered structures and the retaining walls on this property are outside of the building pad. Discussion occurred between Commissioner Duffy and staff regarding the drawings and the existing trees. Commissioner Duffy questioned Mr. Allan regarding what effect does the Commission's act on the request have to do with the sale of the property? Mr. Allan replied the approval of the application would be helpful in the sale of the property. He stated there are no potential buyers and a resolution for this variance would benefit the current property owner. Commissioner Redfearn questioned staff regarding what surrounds this property? Ron Ruthven replied undeveloped to the sides and across the street is residential as well as behind the lot. Commissioner Dudziak moved to deny case G-08-019. Commissioner Duffy seconded. Commissioner Redfearn questioned staff regarding when would the mitigation payment be collected? Ron Ruthven replied prior to the issuance of the certificate of occupancy for the property. Commissioner Redfearn stated having sympathy to the property owner regarding the construction of the retaining walls. He stated it does seem City of Colleyville Page 3 Printed on 5/28/2008 Planning and Zoning Commission Minutes -Draft May 12, 2008 reasonable that some trees would be lost. He stated it would appear the retaining walls were necessary. He stated it does seem that some of the trees were necessary to be removed and others were not. He stated any type of structure can damage oak trees. The motion to deny carried by the following vote: Aye: 4 -Knox, Dudziak, Duffy, Byerly Nay: 1 -Redfearn Absent: 2 -Clardy, Phelps 8. PUBLIC HEARING AGENDA ITEMS 8a Approval of a request for a zoning change from AG-Agricultural to CC1-Village Retail on 0.6 acres out of the Absalom J. Survey located at 7011 Colleyville Boulevard, Case Z-08-015 Justin Bass presented the case and briefed the Commissioners. Commissioner Dudziak questioned staff regarding the commercial buffer, how close can a building be built to the residential area? Ron Ruthven replied a 20 foot landscape buffer is required and no impervious cover or structure would be allowed in the buffer area. Commissioner Dudziak questioned if there is a building line in addition to the buffer area? Ron Ruthven replied yes, the building line is 25 feet for commercial zoning districts that abut a residential zoning district. He stated the landscape buffer of 20 feet is required as well. Commissioner Dudziak stated there could be a structure 5 feet outside of the 20 foot landscape buffer. Commissioner Dudziak questioned staff if there is a height restriction for that structure? Ron Ruthven replied the height can be at a maximum 8 feet and it can go up an additional one foot, at a 45 degree angle for every one foot away from the property line. He stated there could be a building of 32 feet if placed 25 feet from the property line. He stated a 35 foot building would be the maximum for this zoning district. Commissioner Redfearn questioned staff regarding if the neighborhood adjacent to this development, Longwood Estates, is zoned PUDC-Planned Unit Development Commercial? Ron Ruthven replied correct, however, the homes are residential as allowed by that PUDC ordinance. Commissioner Redfearn questioned staff regarding if that 20 foot buffer is required even though the properties adjacent to the subject property is zoned PUDC? Ron Ruthven replied yes, the PUDC ordinance allows for that portion to be residential. City Attorney Kallas concurred, the use is City of Colleyville Page 4 Printed on 5/28/2008 Planning and Zoning Commission Minutes -Draft May 12, 2008 residential. Commissioner Byerly opened the public hearing at 7:30 p.m. Kip Whitman, applicant, came forward to present the case and brief the Commissioners. There being no one wishing to speak, the public hearing was closed at 7:40 p.m. Commissioner Duffy moved to approve case Z-08-015. Commissioner Redfearn seconded. Commissioner Dudziak questioned staff regarding how wide is this property? Ron Ruthven replied 102 feet. Commissioner Redfearn questioned staff regarding how is the property currently accessed? Ron Ruthven replied there is a 24 foot access easement that runs along the southern property line adjacent to this development. Commissioner Dudziak questioned staff regarding if that easement will go away with this development? Ron Ruthven replied no, it will remain in place however, the applicant has indicated that it will no longer be needed. Commissioner Dudziak questioned staff regarding if there can be buildings on the access easement? Ron Ruthven replied no. Commissioner Redfearn questioned staff regarding if the access easement is zoned AG-Agricultural or CC1-Village Retail? Ron Ruthven replied currently AG-Agricultural. Commissioner Byerly questioned staff if the subject property would have to be platted once it is zoned? Ron Ruthven replied yes as part of the existing plat, The Gardens. Commissioner Byerly stated this property has been master planned to be commercial. The motion carried by the following vote: Aye: 5 -Knox, Dudziak, Redfearn, Duffy, Byerly Absent: 2 -Clardy, Phelps 9. TABLED AGENDA ITEMS City of Colleyville Page 5 Printed on 5/28/2008 Planning and Zoning Commission Minutes -Draft May 12, 2008 9a Approval of a replat of Lot 1, Block 1 of the Redding Addition located at 710 Glade Road, Case P-08-013 Commissioner Duffy moved to remove this item from the table. Commissioner Byerly seconded. The motion carried by the following vote: Aye: 5 -Knox, Dudziak, Redfearn, Duffy, Byerly Absent: 2 -Clardy, Phelps Justin Bass presented the case and briefed the Commissioners. Commissioner Duffy questioned staff regarding the existing buildings? Justin Bass replied yes, there is only one building, a current commercial structure. John Morgan, representing the property owner, came forward to present the case and brief the Commissioners. Commissioner Redfearn questioned Mr. Morgan regarding what is currently located on the properties? Mr. Morgan replied the old mayor's house is located on the Lot 1 R2. Commissioner Duffy questioned Mr. Morgan regarding the one driveway on Glade Road? Mr. Morgan replied yes, there will be cross access from Lot 1 R2 to Lot 1 R3. He stated one driveway will be sufficient for the lots to limit the entrances. Commissioner Duffy stated there are concerns with additional cuts onto Glade Road. Commissioner Byerly stated the applicant is ok with only having one entrance. Mr. Morgan stated the lots are larger than what is required for the zoning district. Commissioner Redfearn questioned Mr. Morgan regarding if the request is the same as stated in the previous meeting? Mr. Morgan concurred. Commissioner Knox moved to approve case P-08-013. Commissioner Byerly seconded. The motion carried by the following vote: Aye: 4 -Knox, Redfearn, Duffy, Byerly Nay: 1 -Dudziak Absent: 2 -Clardy, Phelps City of Colleyville Page 6 Printed on 5/28/2008 Planning and Zoning Commission Minutes -Draft May 12, 2008 10. STAFF COMMENTS, REPORTS AND DISCUSSION ITEMS None 11. COMMISSIONERS' COMMENTS AND REPORTS None 12. ADJOURNMENT The meeting adjourned at 7:50 p.m. I hereby certify the above agenda was posted on the bulletin boards at City Hall on Thursday, May 8, 2008 by 5:00 p.m. Amy Shelley, Planning and Zoning Assistant City of Colleyville Page 7 Prinfed on 5/28/2008 I ,~ ~~~ ~,~~ ,~ City of Colleyville City Hall 100 Main Street Colleyville, Texas 76034 ~~~~~~ Agenda Briefing 817.503.1000 www.colleyville.com File Number: Version: 1 Requester: Community Development Department File Type: Case Agenda Date: 06/09/2008 Agenda No.: 7a Status: Commision Action Items Controlling Body: Planning and Zoning Commission Final Action: File Name: Approval of a minor plat for Lot 1, Block 1 of the Renaissance Estates Addition on 1.6 acres out of the BBB and C Ry Survey located at 412 Glade Road, Case P-08-020 Attachments: Location and Zoning Map Development Review Committee Comments Applicant's Response Plat Exhibit History of Legislative File Version: Date: Acting Body: Action Text: 1 06/09/2008 Planning and Zoning Commission Title Approval of a minor plat for Lot 1, Block 1 of the Renaissance Estates Addition on 1.6 acres out of the BBB and C Ry Survey located at 412 Glade Road, Case P-08-020 Explanation A.S. Ford is the applicant of a 1.6 acre tract of land located at 412 Glade Road. The applicant has submitted a request for approval of a minor plat that will consist of one residential lot. Zoning. The property is zoned R40-Single Family Residential and meets all the requirements of the R40 zoning district. Lots within an R40 zoning district are required to at least be 150 feet wide,150 feet deep, and contain a minimum of 40,000 square feet. Existing Conditions. The property is currently vacant. The eastern boundary of the tract is heavily wooded and supports a small creek. Drainage. A lot grading plan will be necessary at time of building permit for the construction of a new home on the lot. The Engineering Department will review and accept lot grading plans during the building permit process. Parkland Dedication Fees. Parkland dedication fees are due at the time of approval of the final plat. The fee for residential uses is $1,802 per residential lot. The fee must be paid before the plat is recorded with the County Clerk's office. City of Colleyville Page 1 Printed on 6/2/2008 Agenda Briefing Continued Trails. The Land Development Code and Colleyville Pathways Plan require a trail along the north side of Glade Road. The trail must be a minimum of ten (10) feet in width and installed when any new structures are built on the property. Perimeter Street Improvement Requirements. Perimeter street improvement fees are due at the time of approval of the plat for Glade Road. Perimeter street improvements are required since Glade Road is considered an unimproved street. The fee must be paid before the plat is recorded with the County Clerk's office. Tree Preservation. Trees not located within the building footprint(s) must be preserved during construction of a new home. Before construction begins on the site, protective fencing must be installed around all preserved trees located outside of the building footprint. Summary. The owner's surveyor has addressed all Development Review Committee comments. The lot meets all requirements of the Land Development Code. This plat only requires approval by the Planning and Zoning Commission. Recommendation Approval City of Colleyville Page 2 Printed on 6/2/2008 Location and Zoning Map CITY OF COLLEYVILLE COMMUNITY DEVELOPMENT DEPARTMENT DEVELOPMENT REVIEW COMMITTEE DATE May 20, 2008 TO A.S. Foxe FAX 817.428.2472 FROM Justin Bass, Planner SUBJECT P-08-020 Minor Plat -Lot 1, Block 1 Renaissance Estates The Colleyville Development Review Committee (DRC) has reviewed your plat request submitted to this office. The following comments are for your consideration. The following comments require a response from the applicant: 1. Make the acreage calculations shown in the plat drawing and in the dedication certificate the same exact number. 2. The unplatted property located two lots north of the subject property is not owned by David Law, according to the Tarrant Appraisal District. Fix this discrepancy. The "Remainder of Tract 2" property is platted as the Village Oaks Addition, Lot 2M, according to Tarrant Appraisal District. Fix this discrepancy. 4. The unplatted property located to the southeast of the subject property was recently platted as the Thomas Cole Addition, Lot 1, Block 1. Fix this discrepancy and adjust the right-of--way accordingly. 5. The property to the east, directly adjacent to the subject lot, is right-of--way. Label it as such and remove the line that cuts if off from the existing right-of--way of Bransford Road. 6. Include a 7.5 foot drainage and utility easement along the western boundary line. 7. Correct the northern 10 foot utility easement to read "drainage and utility easement". In Your Response Letter, Acknowledge the Following Information: PERIMETER STREET IMPROVEMENTS. Perimeter street improvement fees are due at the time of approval of the plat for Glade Road. Perimeter street improvements are required for the newly created lot since Glade Road is considered an unimproved street. The developer's portion of the costs for infrastructure improvements may not exceed the amount that is roughly proportionate to 100 Main Street - Colleyville, Texas 76034 - 81 7.503.1050 DEVELOPMENT REVIEW COMMITTEE P-08-020 MINOR PLAT OF RENAISSANCE ESTATES the projected impact of the proposed development, as determined by a professional engineer, licensed in the State of Texas, and who is retained by the City of Colleyville. In making the rough proportionality determination, consideration shall be given to the availability of adequate and minimum levels of public facilities and accessibility to the site for the delivery of emergency services. IMPACT FEES. Water, sewer and roadway impact fees are due at the time a building permit is issued for a new structure on a newly platted lot. The fees listed below are intended to provide general information on the fees that could be assessed for this project. The actual fee paid may be different depending upon the specific plans for construction or other arrangements provided for by aCity-Developer Agreement. ROADWAY $2,187 for a SINGLE FAMILY DETACHED HOUSING unit. WATER Fee will vary depending upon meter size. See Chapter 13 of the Land Development Code for more details. SEWER Fee will vary depending upon meter size. See Chapter 13 of the Land Development Code for more details. TREE SURVEY AND MITIGATION. Approval of a tree survey and mitigation plan shall be required prior to the issuance of a Notice to Proceed letter from the engineering department. Chapter 5 of the Land Development Code specifies requirements for the tree survey and mitigation plan. TREE PRESERVATION. Trees not located within the right-of--way or within the pad site must be preserved during construction. Before construction begins on the site, protective fencing must be installed around all preserved trees located outside the right-of--way. The fencing must be located at the drip line of the preserved trees. The protective fencing may be comprised of orange vinyl construction fencing, chain link fence, erosion control fencing, or other similar fencing. The fencing must remain in place during the entire construction period. PARKLAND DEDICATION. Parkland dedication fees are due at the time of approval of the minor plat. The fee for residential uses is $1,802 per residential dwelling. The fee must be paid before a building permit will be issued. SIDEWALKS/TRAILS. The Land Development Code and Colleyville Pathways Plan require a trail along the north side of Glade Road. The sidewalk must be a minimum of ten (10) feet in width and installed when any new structures are built on the property. TENTATIVE PUBLIC HEARING SCHEDULE Planning & Zoning Commission: Monday, June 9, 2008, 7:00 p.m. Please submit the following to our offices: ^ A written letter stating that each comment has been addressed or stating reasons why the requirement should be modified or waived; PAGE20F3 DEVELOPMENT REVIEW COMMITTEE P-08-020 MINOR PLAT OF RENAISSANCE ESTATES ^ 10 full size copies of the revised exhibit; ^ 1 reduced copy (8.5x11) of the exhibit. The above requested items must be submitted no later than noon on Friday, May 30, 2008, in order to make the scheduled hearings. Please contact me at bassj(a~ci.colleyville.tx.us or 817.503.1055 if you have any questions. PAGE30F3 LOYD BRANSOM SURVEYORS INC. CHARLES B. HOOKS JR. REGISTERED PROFESSIONAL LAND SURVEYOR 1028 NORTH SYLVANIA AVE. FT. WORTH, 7D(AS 76111 (817) 834-3477 FAX (817) 831-9818 E-MAIL• LBS@SWBELLNEi• May 28, 2008 Justin Bass, Planner City of Colleyville Community Development Committee REF: P-QS-02D Mrnor Plat -Renaissance Estates Response to Comments dated S/24t08 1, The field notes acreage 1.653 ac. includes the lot 1.501 ac. and the R.O.W. dedication 0.152 ac. 2. The owner of the property two lots north was removed. 3. The "Remainder of Tract 2 was corrected to be Village Oaks Addition. 4. The tract to the southeast was corrected to be Lot 1, Black 1, Thomas Cole Addition. 5. The properly to the east was corrected to show Bransfvrd Road R,O,W. 6. A 7.5 foot drainage & utility easement was added along the west property line. 7. The northern 10 foot utility easement was corrected to be a 10 foot drainage & utility easement. Owner has read and acknowledges the perimeter street improvements, impact fees, tree survey and mitigation, tree preservation, parkland dedication, and sidewalks/trails requirements. Th you, har es B ~ cs, S RECEIVED MAY 2 9 20Q8 Pet ............. O w `w U W a a m 4 7 ~ ~ ~ ~ ~. ~ .. N ~ . W ~ ~; ~ ~ ~ _ ~~~~ ~* f ~ ~ ~~ ~1 ~ ~ w ~ a i .~ /~~ ~~ /' .~ ~ ~ /" s +~ ~~ ~ ~ a IlUllw M ~ y MrM ~ ~ e L 1 ~~ ~ I ~ ~ ~ f~ ' Y !~ ~ ~ t ! ~ ~ ~ ~ ~~ _ ~ ^~~ ~! ) 1 ~7~ • _ ~I ~~~ r- -~--- '- ! ~ 1~ s r ~ ~ ~~1 ~I ~ ~~ ~ ~ ~ e 1 I I , ~,;~ ~ , L_- ____ ___ -- ~ f>"~ ti~~~ ~~~ ~~~~ !~,