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HomeMy WebLinkAboutPlanning and Zoning Commission-Minutes-8/25/2008'~: ,._ Cit of Colle ville City Hall °. ~itl ~~~~ P Y Y 100 Main Street Colleyville, Texas 76034 Minutes -Final 817.503.1000 `~"'" www.colleyville.com Planning and Zoning Commission Monday, August 25, 2008 6:15 PM City Council Chambers 6:15 P.M.- PRE-COMMISSION SESSION 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 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 August 25, 2008 at 7:00 p.m. 2. ROLL CALL Present: Commissioners Larry Knox, Dave Dudziak, Scott Redfearn, Michael Clardy, David Phelps, Denis Duffy and Jeff Byerly Staff Present: Ron Ruthven, Justin Bass, Jeremy Hutt and Rob McKeown 3. INVOCATION The invocation was given by Commissioner Knox. 4. PLEDGE OF ALLEGIANCE 5. APPROVAL OF MINUTES Commissioner Redfearn moved to approve the August 11, 2008 meeting minutes as written. Commissioner Dudziak seconded. The motion carried by the following vote: Aye: 7 -Knox, Dudziak, Redfearn, Clardy, Phelps, Duffy, Byerly 6. CITIZEN COMMENTS REGARDING ITEMS NOT ON THE AGENDA City of Colleyville Page 1 Printed on 9/9/2008 Planning and Zoning Commission Minutes -Final August 25, 2008 None 7. REGULAR AGENDA ITEMS 7a Approval of a minor plat for Lot 1, Block 1 of the McCrary Estates Addition on 4.97 acres out of the BBB and C RR Co. Survey located at 305 L.D. Lockett Road, Case P-08-028 Justin Bass presented the case and briefed the Commission. Commissioner Duffy questioned staff regarding if the applicant submitted a preliminary drainage plan? Justin Bass replied no. Commissioner Duffy questioned staff regarding the clarification on the flood plain. Ron Ruthven replied the flood plain is depicted on the plat and there was not a preliminary drainage analysis required as part of this plat nor is it required for a single lot plat. He stated at the time of building permit, the drainage will have to meet the requirements of the Engineering Department and code. Commissioner Duffy questioned staff regarding if the topography and flow is known? Ron Ruthven replied the flow is not listed as part of this plat, however, the applicant will have to show adequate drainage at the time of building permit. Commissioner Duffy questioned staff regarding if the flow is north, south, east or west, up and down? Ron Ruthven replied the flood plan was not required as part of the plat, however, he stated the Engineering Department is available to answer those questions regarding drainage. Jeremy Hutt, Engineering Department, came forward to answer questions. Commissioner Duffy questioned staff regarding the flood note with regards to where is the house going to be? Jeremy Hutt replied not knowing the foot print of the house. He stated it will not be in the drainage easement. Discussion occurred between Commissioner Duffy and Jeremy Hutt regarding the flood plain area. Ron Ruthven stated the plat is not the approval document for the new home to be constructed. Commissioner Byerly moved to approve case P-08-028. Commissioner Knox seconded. The motion carried by the following vote: Aye: 7 -Knox, Dudziak, Redfearn, Clardy, Phelps, Duffy, Byerly City of Colleyville Page 2 Printed on 9/9/2008 Planning and Zoning Commission Minutes -Final August 25, 2008 8. PUBLIC HEARING AGENDA ITEMS 8a Approval of a request for a zoning change from R20-Single Family Residential to CPO-Professional Office on Lot 3, Block 1 of the Sunrise Terrace Addition located at 1117 Glade Road, Case Z-08-017 Justin Bass presented the case and briefed the Commission. Commissioner Byerly opened the public hearing at 7:15 p.m. Michael Corey, 7409 Braemar Terrace, on behalf of the request of the property, presented the case and briefed the Commission. Commissioner Redfearn questioned Mr. Corey regarding if local market assessments have been conducted to validate the need for more professional office space in this area? Mr. Corey replied no. He stated this is strictly being driven by the property owner who will be occupying the office for personal use. Commissioner Duffy questioned Mr. Corey regarding if this will be a single tenant office? Mr. Corey replied yes. Mr. Corey stated they put the largest footprint of a building on the plan that would comply with the required parking spaces. Commissioner Duffy stated the objectives state there will be no increase in traffic other than the typical UPS delivery truck, yet there are 21 parking spaces on the plan. Mr. Corey stated those parking spaces are required per code. Commissioner Duffy questioned Mr. Corey if the owner will sublease the building to someone else? Mr. Corey replied not knowing. Commissioner Duffy questioned if this will be a multi tenant office or a single tenant office? Walter James, property owner, came forward and stated that he will be the main tenant and will maintain the ability to expand. He stated there may be an opportunity to sublease. Commissioner Duffy questioned Mr. James regarding what is the amount of square footage does he have at the Grapevine office? Mr. James replied 2,000 square feet. Mr. James stated he has been looking for square footage in Colleyville for several years. Commissioner Phelps questioned Mr. Corey regarding if there have been any conversations with any of the neighbors regarding the request? Mr. Corey replied not yet. There being no one wishing to speak, the public hearing was closed at 7:23 p.m. City of Colleyville Page 3 Printed on 9/9/2008 Planning and Zoning Commission Minutes -Final August 25, 2008 Commissioner Dudziak questioned staff regarding if there have been any interests in the properties to the west? Justin Bass stated there have been inquiries, but no one has made application. Commissioner Dudziak questioned staff if those inquiries were for commercial or residential? Justin Bass replied for an office type use. Commissioner Phelps stated this looks similar to the offices across the street. Ron Ruthven stated the offices across the street were required to comply with the CN zoning district and approved as part of the PUD. Commissioner Phelps stated not having any particular issues with this use, however, stated being hesitant on encroaching on the residential adjacent to the subject property. Discussion occurred between Commissioner Duffy and staff regarding the uses surrounding the areas from Cheek Sparger to Colleyville Boulevard. Commissioner Clardy questioned staff regarding the lane width on Glade Road? Ron Ruthven replied correct, 2 lanes. Commissioner Clardy questioned staff regarding if there are any future expansions for Glade Road? Ron Ruthven replied there are right of way dedications along Glade Road that would allow the city to expand Glade Road, if they so choose to do it. He stated there are no current plans to expand to four lanes. Commissioner Byerly questioned staff if the expansion of Glade Road would be the entire length of Glade Road? Ron Ruthven replied yes. Commissioner Duffy stated the Master Thoroughfare Plan shows four lanes from SH26 to Riverwalk. Commissioner Byerly concurred. Commissioner Byerly stated understanding the purpose of the current land use plan, however, he stated he understood the applicant's request as well. He stated there have been no opposition from the surrounding neighborhoods. He stated it makes sense to amend the land use plan for this use in this area up to Riverwalk. Commissioner Byerly moved to approve case Z-08-017. Commissioner Dudziak seconded. The motion carried by the following vote: Aye: 5 -Knox, Dudziak, Redfearn, Clardy, Byerly Nay: 2 -Phelps, Duffy 8b Approval of a request for a zoning change from RE-Residential Estate to City of Colleyville Page 4 Printed on 9/9/2008 Planning and Zoning Commission Minutes -Final August 25, 2008 PUDR-Planned Unit Development Residential on Lots 1A, 2, 3 and 4, Block 1 of the Wildwood Estates Addition located at 5500-5700 Pool Road, Case Z-08-018 Justin Bass presented the case and briefed the Commission. Commissioner Byerly opened the public hearing at 7:34 p.m. Rob Ward and Curtis Young, applicants, came forward to present the case and brief the Commission. Commissioner Dudziak questioned Mr. Young regarding the parking in the rear, are there any covered features planned? Mr. Young replied, none at this time. Commissioner Dudziak questioned Mr. Young if it would be acceptable to him if the Commission prohibits covered parking areas? Mr. Young replied it would be acceptable. Commissioner Dudziak questioned Mr. Young regarding the landscaping? Mr. Young stated there would not be any unfinished landscaping and all of the open space areas would be owned and maintained by the HOA as well as an Office Association for the commercial areas. Commissioner Phelps questioned Mr. Young regarding if an agreement had been made with the majority of the adjacent neighbors? Mr. Young replied there were a total of four different meetings with comments addressed at each. He stated there were only three people present, but that an agreement was made between them. He stated he had not heard of any issues with this project other than what he has heard tonight. Commissioner Duffy questioned Mr. Young regarding is there any one issue that has not been met? Mr. Young replied no, they have been able to meet most of the issues. He stated most are opposed to the density. Commissioner Duffy stated this applicant has done the homework necessary for this development. Commissioner Duffy questioned Mr. Young regarding the 10 foot fence, would it be acceptable if negotiations were presented to landscape and build an 8 foot wall instead of a 10 foot wall? Mr. Young replied they are trying to respond to the neighbors issues. He stated added more trees and landscaping to this area would look better than a 10 foot fence, however, they are complying what the neighbors want. Martin Wimmer, 5700 Winding Trail, spoke in opposition to the request with concerns to the density, traffic and the commercial use. City of Colleyville Page 5 Printed on 9/9/2008 Planning and Zoning Commission Minutes -Final August 25, 2008 Mark Humiston, 5501 Dusty Court, spoke in favor of the request with a minor opposition and thanked the developers for the meetings that have been held with the neighbors. He stated there are still some issues that need to be addressed, one of which would be a minimum of R20 zoning. There being no one wishing to speak, the public hearing was closed at 8:07 p.m. Commissioner Phelps questioned staff regarding the final count on the letters received in opposition? Justin Bass replied there are enough letters that would require the super majority vote for City Council. Commissioner Dudziak questioned staff regarding what is the density of the housing including the office space? Ron Ruthven replied 3 dwelling units per acre would be the total density including the commercial with the residential. Commissioner Dudziak questioned staff regarding if there are any other requirements that will have to be met, like outside storage and debris? Ron Ruthven replied the development would have to comply with all city ordinances with regards to nuisances, noise and garbage. Commissioner Byerly stated staff recommends approval with the conditions in the draft ordinance. Commissioner Byerly questioned staff regarding if staff could go through the ordinance that may differ from what the applicant is requesting? Ron Ruthven replied the development conditions that the applicant proposed have been reflected in the draft ordinance. He stated, however, some language may need to be changed with regards to the windows in section f, if the Commission wants to add a skylight. Commissioner Byerly questioned staff regarding differences in the ordinance than what the applicant is proposing, is the different setback for the front where the offices are to be located listed in the draft ordinance? Ron Ruthven stated it is not listed in the draft ordinance. Commissioner Byerly questioned staff if the draft ordinance would be changed if the Commission proposes that? Ron Ruthven replied it would need to be added in the draft ordinance. He stated the conceptual site plan does show a distance drawn to scale from Pool Road. Commissioner Byerly questioned staff if the setback is addressed there? Ron Ruthven replied correct. Commissioner Byerly stated he would like to hear from the applicant if there were requests made by them that did not make it into the draft ordinance? Mr. Young replied not having seen the draft ordinance. He stated the ordinance should reflect what is being proposed. City of Colleyville Page 6 Printed on 9/9/2008 Planning and Zoning Commission Minutes -Final August 25, 2008 Ron Ruthven assured the Commission that anything needed to be added to the draft ordinance would be done so before the ordinance is presented to City Council. Commissioner Phelps questioned Mr. Young regarding if there have been alternatives to address the density concerns? Mr. Young replied there was one alternative with regards to the open space area being moved to where some of the lots are located, however, he stated they did not want to do that. He stated these are residential lots backing up to residential lots. He stated they have agreed to have one story structures adjacent to the rear properties as well as the high percentage of open space areas. Commissioner Duffy moved to approve case Z-08-018 in accordance with the conditions in the planning objective letter and with westward facing windows and change the draft ordinance to reflect those changes and landscaping and allow a 10 foot fence, as an option of the developer and that the maximum residential density is 3.7 dwelling units per acre. Commissioner Byerly seconded. Commissioner Dudziak questioned staff regarding section A of the draft ordinance, 4.0 dwelling units, should it be 3.7 or 4.0? Ron Ruthven replied it should reflect 3.7. Commissioner Dudziak offered that correction as a friendly amendment. Both movers accepted the friendly amendment. Commissioner Redfearn questioned Mr. Young regarding the open space along the south, how is the widened ditch be used in the final stage? Mr. Young replied it is a natural drainage ditch to be able to save those trees in that area and to have an internal connection to the park. Commissioner Dudziak questioned Mr. Young regarding the rear residential area, will the development restrictions prohibit the outside chimneys for outdoor cooking purposes? Mr. Young replied sure, nothing like a 10 foot tall chimney, however, they have not really addressed that concern. Mr. Ward stated there may be a chimney attached to the house for the outdoor area. He stated there would not be an issue with added that to the restrictions. Commissioner Dudziak stated he would like to have the height restricted for those structures, however, stated not knowing the best height to restrict it to. Commissioner Knox questioned Mr. Young regarding the height restriction for Lots 17, 18 and 19, was it one story? Mr. Young replied yes. Mr. Young stated we would be happy to accept a restriction in the City of Colleyville Page 7 Printed on 9/9/2008 Planning and Zoning Commission Minutes -Final August 25, 2008 ordinance to reflect no outside structure to exceed 10 feet. Ron Ruthven replied accessory structures are restricted under separate requirements. He stated there could be not structure taller than 8 feet with 5 foot of the rear property line. Commissioner Duffy stated the Commission should not be telling this developer what he can or can not have in these backyards. He stated not agreeing to this amendment. Commissioner Phelps concurred. Commissioner Phelps stated needing clarification on the 10 foot fence. Commissioner Duffy stated he wanted the developer and the neighbors that would be affected to meet and agree on the 10 foot fence or an 8 foot fence with landscaping. He stated simply allowing it. Commissioner Clardy questioned staff regarding if both of those parties need to agree to this? Commissioner Byerly stated it would be up to the developer to do what the neighbors wanted. Commissioner Dudziak questioned Mr. Young if those changes regarding the chimney could be made before the ordinance is presented to City Council? Mr. Young replied he would do so. Commissioner Redfearn stated being sensitive to the concerns of the neighbors and that this development appears to address most of those concerns with residential backing up to residential. The motion carried by the following vote: Aye: 7 -Knox, Dudziak, Redfearn, Clardy, Phelps, Duffy, Byerly 9. STAFF COMMENTS, REPORTS AND DISCUSSION ITEMS None 10. COMMISSIONERS' COMMENTS AND REPORTS None 11. ADJOURNMENT The meeting adjourned at 8:41 p.m. I hereby certify the above agenda was posted on the bulletin boards at City Hall on Friday, August 22, 2008 by 12:00 p.m. Amy Shelley, Planning and Zoning Assistant The meeting minutes were approved on September 8, 2008. City of Colleyville Page 8 Printed on 9/9/2008