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HomeMy WebLinkAboutPlanning and Zoning Commission-Agenda Packets-3/23/2009City of Colleyville City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 ~nnnnni ~nlla-niilla ~n-r~ C.~-~ „~ ~'~.+,y. Meeting Agenda Monday, March 23, 2009 6:15 PM City Council Chambers Planning and Zoning Commission ~~~ ~~- City of Colleyville ~~~ - Meeting Agenda n ~:~ Planning and Zoning Commission City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com Monday, March 23, 2009 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 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 February 23, 2009 6. CITIZEN COMMENTS REGARDING ITEMS NOT ON THE AGENDA 7. REGULAR AGENDA ITEMS 7a Approval of a request for a waiver for the construction or escrow of funds for sidewalks on Lot 1, Block 1 of the Janice Estates Addition located at 1708 Oak Knoll Dr., Case GC-09-003 7b Approval of an amended plat of Lots 6 and 7, Block 1 of the Vanguard Estates Addition located at 7109 Vanguard Court, Case PC09-004 City of Colleyville Page 1 Printed on 3/16/2009 Planning and Zoning Commission Meeting Agenda March 23, 2009 8. AIDJOURNMENT I hereby rtify the ove agenda was posted on the bulletin boards at City Hall on Thurs ay, March 19, 2009 by 5:00 p.m. Amy Shelley, Planning and Zoning Assistant City of Colleyville Page 2 Printed on 3/16/2009 City of Colleyville city Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 ~A/IA/IA/ i+~lln~niill~ n~r-1 -.., ,. _ , _~ ~ ~ ~ ~~ .~ + <~~';~; Minutes -Draft Monday, February 23, 2009 6:15 PM City Council Chambers Planning and Zoning Commission ~~"~~~ t City of Colleyville -~,. -``~~~~ ~ Minutes -Draft ,t.,~ Planning and Zoning Commission City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com Monday, February 23, 2009 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 7:00 P.M. -REGULAR MEETING 1. CALL TO ORDER 2. ROLL CALL The Planning and Zoning Commission meeting of the City of Colleyville was called to order by Chairman Byerly on February 23, 2009 at 7:00 p.m. Present: Commissioners Larry Knox, Dave Dudziak, Scott Redfearn, Michael Clardy, Ron Rotthaus, David Phelps and Jeff Byerly Staff Present: Ron Ruthven, Justin Bass, Jeremy Hutt and Robert McKeown 3. INVOCATION The invocation was given by Commissioner Redfearn. 4. PLEDGE OF ALLEGIANCE 5. APPROVAL OF MINUTES Commissioner Knox moved to approve the February 9, 2009 meeting minutes as written. Commissioner Phelps seconded. The motion carried by the following vote: Aye: 7 -Knox, Dudziak, Redfearn, Clardy, Rotthaus, Phelps, Byerly 6. CITIZEN COMMENTS REGARDING ITEMS NOT ON THE AGENDA City of Colleyville Page 1 Printed on 2/27/2009 Planning and Zoning Commission Minutes -Draft February 23, 2009 None 7. 7a 8. REGULAR AGENDA ITEMS Request for a minor plat being 2 acres on Tract 1 B, Abstract 963 of the A.J. Lott Survey located at 1204 Tinker Road, Case PC09-002 Justin Bass presented the case and briefed the Commission. Robert Jones, applicant and owner, came forward to present the case and brief the Commission. Commissioner Clardy questioned Mr. Jones regarding what is the significance of the structure that is to proposed to remain? Mr. Jones replied it was the old Tinker washateria that his wife's grandmother use to wash the City of Colleyville clothes in. He stated it was established in 1948 and closed in 1959. He stated they want to restore it to make it look better. He stated the foundation and walls are structural sound. Commissioner Dudziak questioned Mr. Jones regarding if the structure would be used as a second home on the lot? Mr. Jones replied no. He stated it will have electronic equipment for a recording studio. Commissioner Redfearn moved to approve case PC09-002. Commissioner Clardy seconded. The motion carried by the following vote: Aye: 7 -Knox, Dudziak, Redfearn, Clardy, Rotthaus, Phelps, Byerly PUBLIC HEARING AGENDA ITEMS ga Approval of an amendment to the PUDR-Planned Unit Development Residential zoning and development requirements of the Heritage Oaks Addition located in the 5000-5200 Block of Heritage Avenue, Case ZC08-001 Justin Bass presented the case and briefed the Commission. Commissioner Byerly opened the public hearing at 7:20 p.m. Curtis Young, applicant with Sage Group, came forward to present the case and brief the Commission. Commissioner Redfearn questioned Mr. Young regarding if the market dynamics have caused the move from townhomes to detached homes? Mr. Young replied the market has a need for the townhomes, however, the people who are marketing these lots have gotten feedback that they would like to have some detached units within the development. He City of Colleyville Page 2 Printed on ziz~izuva Planning and Zoning Commission Minutes -Draft February 23, 2009 stated most are not ready to have the townhome product on both sides of their walls. He stated they want some windows on the side with a little bit of outdoor space. Commissioner Phelps questioned Mr. Young if there would be fences? Mr. Young replied their could be. Commissioner Phelps questioned Mr. Young if the open spaces would still be maintained by the association? Mr. Young replied yes. Shane Summers, Community Manager, came forward to present the case and brief the Commission. He stated there will be some back yards that will be maintained by the homeowner, however, the front yards will be maintained by the association. Commissioner Phelps questioned Mr. Summers if they have considered doing the 7-3 split as opposed to the 5-5 split, was there some rational there? He stated that being a standard operation with the setback. Mr. Summers replied they have built a lot with the 5-5 split, which seems to work really well. Commissioner Phelps stated to Mr. Young in the original PUD ordinance, sprinklers are required as part of the building code for the townhomes. He then questioned Mr. Young regarding are there sprinklers in the townhomes? Mr. Young replied yes, any residential structure 6,000 square feet and over is required to be sprinkled. He stated these detached residential structures will not be 6,000 square, they will not fit on these lots. Commissioner Phelps stated in conjunction with that there would be a 30 foot wide street in the front. Mr. Young replied the streets have nothing to do with the sprinklers. He stated the street change was to an attempt to help with more parking. Commissioner Knox questioned Mr. Young regarding if the streets are continuously marked on both sides as a fire lane? Mr. Young replied the no parking is only marked where the in-street parking is. He stated not knowing if it is considered a fire lane. He stated the curbs could be painted to reflect a fire lane, if necessary. Commissioner Dudziak stated when the original request came through, the indented parking was a great idea. He stated it looks more attractive. However, with the wider homes, there will be long stretches where there will be no parking in front of the house. Mr. Young stated there is no change to the inset parking. Commissioner Dudziak stated then cars will be parking in those 24 foot wide streets, further reducing the street to 17 feet. Mr. Young concurred and stated it would be illegal City of Colleyville Page 3 Printed on 2/27/2009 Planning and Zoning Commission Minutes -Draft February 23, 2009 and they could be ticketed. He stated people will do it any way. He stated the 17 feet is wider than the typical 16 feet you get on a standard street with cars parking on it. Commissioner Dudziak stated the resident would be put in automatic jeopardy is he parks in front of his house, he would be parking in a fire zone. Mr. Young stated that is why there is inset parking and there will be some areas with gaps between them. Commissioner Dudziak states this will create an on street parking violation. He stated the 24 foot streets were set up in the beginning to work on the aesthetics of the development. They were allowed by having the units sprinkled. Mr. Young stated those buildings were going to be sprinkled because of the size of the buildings regardless of the street size. However, he stated that normally detached structures of this size would not be required to be sprinkled. Commissioner Dudziak stated if in the beginning the 31 foot streets had been approved there would not be this issue. Mr. Young concurred and stated there would not be as good access. Cindy Lamply, property owner in Heritage Oaks, spoke in favor of the general request however, stated having concerns for the parking. She stated the current curbs are not marked as fire lanes. She stated the streets are not currently marked clearly. Gary Lecocq, 5113 Roberts Road, stated the developers have been great to work with. He stated the inset parking is about 1/3 full. He stated they have no parking on his street, Roberts Road. He stated there is not a fire lane striped on the curbs. He stated it is important for City Council and Planning and Zoning Commission to listen to the neighbors when they speak against projects. Ken Sauer, 5017 Roberts Road, spoke in opposition to the request. He stated having concerns for the set back requirements as well as the street parking. There being no one wishing to speak, the public hearing was closed at 7:49 p.m. Mr. Young came forward and stated they will comply with the fire sprinkler portion if the City is going to require it. He stated the selling of the units has been slower than anticipated, however, that is how it is all over the City. Commissioner Dudziak questioned Mr. Young regarding some of the concerns for Ms. Lamply, where there is going to be no parking at all, is there something that can be done? Mr. Young replied there will be inset parking about 100 feet from those units. He stated the parking is not perfect, but the parking is sufficient for the units. City of Colleyville Page 4 Printed on 2/27/2009 Planning and Zoning Commission Minutes -Draft February 23, 2009 Commissioner Phelps questioned Mr. Young regarding the conflicting interests with the Homeowners Association, how will that be addressed? Mr. Young replied the plan is to have a Master Association with two sub-associations underneath it. He stated the Master would control everything including the landscaping. He stated the Townhome Association would deal with the townhome uses. He stated the Detached Association would deal with their uses. He stated this is not an uncommon practice. He stated it is usually seen with mixed use developments, commercial and residential. Commissioner Phelps questioned Mr. Young regarding the parking, how difficult would it be to cut additional parking pieces? Mr. Young stated the infrastructure is complete, therefore, it would be very costly to go back and cut additional parking. Commissioner Redfearn questioned Mr. Young regarding if the statement of planning objectives is still accurate with the average home value of $400,000? Mr. Young replied yes. Commissioner Phelps questioned Mr. Young regarding if the last set of townhomes could be converted to detached single family? Mr. Young replied the townhomes are still a viable product that we do not want to eliminate. He stated they are trying to find the best mix for this development. Robert McKeown, came forward to comment on parking and fire sprinklers. He stated these developers have been great to deal with. He stated adding more inset parking does not address any issues he has. He stated fire scenes are extremely congested when setting up trucks to put out fires. He stated access is more than driving past vehicles. He stated the Fire Code allows the Fire Marshal to determine whether or not fire suppression systems are required due to the existing conditions for suppressing fires. He stated it is important for life safety for those homes to be sprinkled. Commissioner Phelps stated this will lessen the density and will improve the project. Commissioner Phelps moved to approve case ZC08-001 with an amendment to require the stripping of the fire lanes consistently throughout the development. Commissioner Redfearn seconded. Commissioner Byerly questioned staff if this is a requirement? Ron Ruthven replied for commercial developments, the striping is a requirement, however, for residential, it is not a requirement. He stated as part of this PUD, it could be added as a requirement for the street. City of Colleyville Page 5 Printed on 2/27/2009 Planning and Zoning Commission Minutes -Draft February 23, 2009 Commissioner Clardy questioned Mr. Lecoque if the reduced part of this amendment is appealing to him? Mr. Lecoque replied yes, they wanted single family to begin with. Commissioner Redfearn questioned Mr. Young regarding the landscaping, how will this amendment effect the landscaping? Mr. Young replied all of the landscaping is basically the same throughout. He stated there may be additional landscaping on the sides where they were not before. Commissioner Dudziak stated having an issue with the parking. He stated he can not support this unless there is additional parking. He stated some of the residents in this development have already stated having concerns for parking. Mr. Young replied they would look into the parking issues that are occurring or could possibly occur in the future. Commissioner Clardy questioned Mr. Young regarding the exhibit, is there an updated exhibit that shows the townhomes and single family homes? Mr. Young replied the exhibit is a little difficult to read since the lots are layered with different colors for the different lot lines. Mr. Young placed the exhibit on the overhead so that all Commissioners could see it. Commissioner Clardy stated he understood. Commissioner Phelps questioned staff regarding the homeowners issues, is that something that is only addressed by the homeowners? City Attorney Kallas replied yes. Initially, the documents go through the Attorney's office for review, however, once it is passed, those documents are regulated by the homeowners. Commissioner Byerly stated not seeing an issue with parking. He stated if the density is lowered, the parking should not be an issue. The motion carried by the following vote: Aye: 6 -Knox, Redfearn, Clardy, Rotthaus, Phelps, Byerly Nay: 1 -Dudziak gb Approval of a Special Use Permit (SUP) for a carport on Lot AR, Block 7 of the Windview Estates Addition located at 2325 Oak Knoll, Case ZC09-001 Justin Bass presented the case and briefed the Commission. Commissioner Phelps questioned staff regarding if the basis for denial is that it exceeds the square footage for a standard SUP would require? Justin Bass replied yes. Commissioner Byerly opened the public hearing at 8:20 p.m. City of Colleyville Page 6 Printed on 2/27/2009 Planning and Zoning Commission Minutes -Draft February 23, 2009 Melanie Russell, applicant, came forward to present the case and brief the Commission. Commissioner Redfearn questioned Mrs. Russell if it would be visible from the street? Mrs. Russell replied no, not really. Commissioner Redfearn questioned if it would be visible to the neighbors? Mrs. Russell replied no. Commissioner Clardy replied the difference is four feet not four inches wider. Commissioner Clardy questioned Mrs. Russell if she would be willing to connect it to the existing structure with a breezeway? Mrs. Russell replied it would be terribly ugly so no. There being no one wishing to speak, the public hearing was closed at 8:23 p.m. Commissioner Redfearn questioned staff regarding the current limitation on a carport is how many square feet? Justin Bass replied 480 square feet. Commissioner Redfearn questioned staff regarding what is the rational behind the 480 square feet? Justin Bass replied not knowing of the rational. Ron Ruthven replied typically a garage is 20 x 20, 400 square feet and given that the columns are required to be constructed by stone or masonry, the 480 square feet allows for two cars to be parked underneath with the columns in place. Commissioner Phelps stated the quality of the structure requires the structure to be a little larger. He stated a traditional carport does not have the aesthetics that this carport will have. Commissioner Byerly stated there is a SUP requirement so that carports are not allowed by right and typically carports do not fit in with just any neighborhood. He stated the petition has nine signatures of opposition to the request. He stated he would rather see a fourth accessory building than a carport in the neighborhood, since there is opposition. Commissioner Phelps concurred and stated a fourth accessory building would be better, however, both will require a SUP and they are requesting a carport instead of an accessory building. Commissioner Redfearn stated he is not there to tell people how to spend their money on whether or not they should build a fourth accessory building or a carport. He stated they are requesting to build a carport and they have submitted very nice plans for one. He stated there is sufficient space between the proposed location of the building and the City of Colleyville Page 7 Pr~ntea on u~nwvy Planning and Zoning Commission Minutes -Draft February 23, 2009 neighbors. He stated being in support of the ordinance as being drafted. Commissioner Clardy concurred with Commissioner Redfearn. Commissioner Phelps moved to approve case ZC09-001. Commissioner Dudziak seconded. The motion carried by the following vote: Aye: 6 -Knox, Dudziak, Redfearn, Clardy, Rotthaus, Phelps Nay: 1 - Byerly 9. ADJOURNMENT The meeting adjourned at 8:30 p.m. I hereby certify the above agenda was posted on the bulletin boards at City Hall on Thursday, February 19, 2009 by 5:00 p.m. Amy Shelley, Planning and Zoning Assistant City of Colleyville Page 8 Printed on 2/27/2009 «, City Hall ~~=` ~ City of Colleyville 100 Main Street ~. ~ Colleyville, Texas 76034 -~~~~~ Agenda Briefing 817.503.1000 www.colleyville.com File Number: File Type: Case Status: Commision Action Items Version: 1 Requester: Community Development Department Agenda Date: 03/23/2009 Agenda No.: 7a Controlling Body: Planning and Zoning Commission Final Action: File Name: Approval of a request for a waiver for the construction or escrow of funds for sidewalks on Lot 1, Block 1 of the Janice Estates Addition located at 1708 Oak Knoll Dr., Case GC-09-003 Attachments: Location and Zoning Map Applicant's Request Sidewalk Escrow Neighborhood Map History of Legislative File Version: Date: Acting Body: Action Text: 1 03/23/2009 Planning and Zoning Commission Title Approval of a request for a waiver for the construction or escrow of funds for sidewalks on Lot 1, Block 1 of the Janice Estates Addition located at 1708 Oak Knoll Dr., Case GC-09-003 Explanation John and Danielle Arnett are requesting a waiver to the construction of a new sidewalk and the recommendation of escrow payment in lieu of construction requirements in the amount of $3,730.00 for sidewalks for the new home located at 1708 Oak Knoll Drive. Summary. The newly constructed single family home triggered the sidewalk requirement. According to the Supplemental Sidewalk System Map and new Land Development Code standards, approved by the City Council on November 18, 2008 and March 3, 2009, respectively, for lots located along the north side of Oak Knoll Drive - on which the subject property is located -payment into an escrow fund in lieu of construction for sidewalks is recommended. The Land Development Code gives the Planning and Zoning Commission authority to review and consider all requests for relief from the new Supplemental Sidewalk System Map regulations. There are no existing sidewalks on Oak Knoll Drive nor are there any existing sidewalks within the surrounding Stafford Heights Addition. Approximately ninety percent of the homes within Stafford Heights Addition were constructed prior to 1990. In 2006, 1500 and 1508 Oak Knoll Drive were granted a full refund of the sidewalk escrow payment by the City City of Colleyville Page 1 rnnrea vn si ~ ncwa Agenda Briefing Continued Council. On March 3, 2009, City Council waived the escrow requirement for the property owner at 2109 Oak Knoll Court. The Planning and Zoning Commission options in this case are as follows: (1) Approve the waiver -This action would waive both sidewalk construction and the escrow option for this property, which are required by the Supplemental Sidewalk System Map. (2) Deny the waiver -The applicant would be required to pay into the sidewalk escrow fund the amount of $3,730.00. This would delay construction of the sidewalk until a future date. This option adheres to the Supplemental Sidewalk System Map recommendations. (3) Amend the waiver -The Planning and Zoning Commission may determine a different escrow amount from what has been determined by the City. District Neighborhood. If the Planning and Zoning Commission determines that the applicant is responsible for paying into escrow, the monies received will be available for any future sidewalks or trails located within District Neighborhood #3. Recommendation Staff recommends that the payment of escrow funds in lieu of construction be required as recommended by the Supplemental Sidewalk System Map. City of Colleyville Page 2 Printed on 3/17/2009 Location and Zoning Map 1704. 1804 1700 R40 4600, 1:711 1801.. 1805. Subjec# 1700 1704 Property 1804 tilQ8 1712 1615 1701 1801 1804 .L c, .~ ~ C7 a R4~ ~ v ~~~ ltb R A Applicant's Request 3anuary 23, 2009 x To Whom It May Concern, I am requesting a waiver to the sidewalk construction and required escrow of sidewalk funds for my property located at 1708 Oak Knoll Dr. in Colleyville. Sincerely, ~~ ~ ,,, ~ i ~--~ - r ~ _ C.,~.- .~, Danielle Arnett ~A~ ~ ~ zoas ~II# ers-~.es...... W z 3 T V/ w o ~ ~, k U ~ 0 N ~~ ~ ~ p ~ :J '~ 0 O -~ O ~ ' ~ O Z, .~ d. ~ ~ C . 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U1 ~ ~ N ~ Z z •~ 0 U ' City Hall ~~= City of Colleyville 100 Main Street { ~~~i `J Colleyville, Texas 76034 ~~~~~" Agenda Briefing 817.503.1000 www.colleyville.com File Number: File Type: Case Status: Commision Action Items Version: 1 Requester: Community Development Department Agenda Date: 03/23/2009 Agenda No.: 7b Controlling Body: Planning and Zoning Commission Final Action: File Name: Approval of an amended plat of Lots 6 and 7, Block 1 of the Vanguard Estates Addition located at 7109 Vanguard Court, Case PC09-004 Attachments: Location and Zoning Map Plot plan Plat Exhibit History of Legislative File Version: Date: Acting Body: Action Text: 1 03/23/2009 Planning and Zoning Commission Title Approval of an amended plat of Lots 6 and 7, Block 1 of the Vanguard Estates Addition located at 7109 Vanguard Court, Case PC09-004 Explanation Charles Hooks is the applicant/surveyor for Lot 7, Block 1, of the Vanguard Estates Addition, located at 7109 Vanguard Court. The applicant has submitted a request for approval of an amended plat that will relocate the northern side property line. Vanguard Estates Addition was originally platted in 1991. A single family residential building permit was issued in 2005 to construct a home on the subject lot. The permit application included a plot plan for the property which depicted the proposed home to be located 10 feet away from the northern side property line. After construction of the home, it was determined that a surveying error caused the construction of the home to take place directly along the northern property line - no setback had been observed. The applicant is requesting that the northern property line be amended and moved 5.5 feet to the north of its current location. Although this amendment would bring the lot closer in to compliance with the Land Development Code, the side property line will still be 4.5 feet short of the 10 foot setback standard. Both adjacent property owners are aware of the request and have agreed to terms of a sale of the property to the subject lot. Generally, amended plats only require staff approval. However, the Land Development Code (Section 8-130.C) states that any wavier from the subdivision requirements must be at City of Colleyville Page 1 Printed on 3/17/zoos Agenda Briefnp Continued least approved by the Planning and Zoning Commission (P&Z). P&Z may request additional approval by City Council at its own discretion. Approval of this request would waive the 10 foot setback requirement and bring the existing home into compliance with the Land Development Code. Zoning. The property is zoned R20-Single Family Residential. The property meets the minimum lot size and width requirements of the R20 zoning district. Summary. The owner's surveyor has addressed all Development Review Committee comments. The proposed development does not satisfy the side setback requirements of the Land Development Code; however, given that the homeowner was unaware of this mistake at the time of issuance of a building permit, staff agrees with the need to grant the request. This plat only requires approval by the Planning and Zoning Commission. Recommendation Approval City of Colleyville Page 2 Printed on 3/17/2009 Location and Zoning Map 7304 730 7308 7305 7301 7304 7300 7301 7300 7205 R2~ 7208 tsr R2 7204 7201 Subject Pr4pe~ties 7200 7109 7108 7105 AG 7104 7100 PUDR 11 404 Plot Plan a ;; ~. ~~ ~ ~- ~ ,~ ~~ t c+ ~i i ~ °e' t t y. ~~' ~. 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