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~~~ ~~~ ~~~~ !~,