HomeMy WebLinkAboutPlanning and Zoning Commission-Minutes-7/11/2011" ~ City of Colleyville
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Planning and Zoning Commission
City Hall
100 Main Street
Colleyville, Texas 76034
817. 503.1000
www.colleyville.com
Monday, July 11, 2011
6:15 PM
City Council Chambers
LEGAL BRIEFING BY CITY ATTORNEY REGARDING PLANNING, ZONING,
PLATTING, AND LAND USE
REVIEW OF REGULAR AGENDA ITEMS AND DISCUSSION OF PREVIOUS
MEETING MINUTES
DISCUSSION OF ITEMS TO BE PLACED ON FUTURE AGENDAS AND UPDATES
ON DEVELOPMENT TRENDS, PROGRESS AND CITY COUNCIL ACTIONS ON
PAST AGENDA ITEMS
EXECUTIVE SESSION - In accordance with Texas Government Code Chapter
551, Subchapter D, Section 551.071 -Legal -Consultation with attorney on legal
issues raised by public hearing or action items on the agenda
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 July 11, 2011.
2. ROLL CALL
Present: Commissioners Larry Knox, Dave Dudziak, David Wheelwright,
Don Davis, Ron Rotthaus, David Phelps and Jeff Byerly
Staff Present: Ron Ruthven, Marty Wieder, Rob McKeown, Jeremy Hutt
and Amy Shelley
3.
INVOCATION
The invocation was given by Commissioner Phelps.
4.
5.
PLEDGE OF ALLEGIANCE
APPROVAL OF MINUTES
Commissioner Davis moved to approve the May 9, 2011 meeting
minutes as written. Commissioner Rotthaus seconded.
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The motion carried by the following vote:
Aye: 7 - Knox, Dudziak, Wheelwright, Davis, Rotthaus, Phelps,
Byerly
6. CITIZEN COMMENTS REGARDING ITEMS NOT ON THE AGENDA
None
7. PUBLIC HEARING AGENDA ITEMS
7a Approval of a request for a replat on 2.0 acres on Lot 1, Block 1 of the
Fisher Addition located at 5513 Montclair Drive, Case PC11-001
Ron Ruthven presented the case and briefed the Commissioners.
Commissioner Byerly opened the public hearing at 7:11 p.m.
Don Enty, the applicant and property owner, came forward to present the
case and brief the Commissioners.
There being no one wishing to speak, the public hearing was closed at
7:12 p.m.
Commissioner Phelps moved to approve case PC11-001.
Commissioner Knox seconded.
The motion carried by the following vote:
Aye: 7 - Knox, Dudziak, Wheelwright, Davis, Rotthaus, Phelps,
Byerly
7b Approval of a request to rezone Lots 1-16, Block 1 of the Colleyvilfe
Heights Addition from R10-Single Family Residential to PUD-R-Planned
Unit Development Residential located in the 800 block of Regina Court
and 5408 South Drive, Case ZC11-008
Ron Ruthven presented the case and briefed the Commissioners.
Commissioner Byerly opened the public hearing at 7:15 p.m.
Shawn Coghlan, the applicant, came forward to present the case and
brief the Commissioners.
Commissioner Dudziak questioned Mr. Coghlan regarding if the market
dynamics require a larger first floor space. Mr. Coghlan replied that
there is a market for a larger first floor space to help cut down the
maintenance of the lot.
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Commissioner Dudziak stated the development does not meet the open
space requirements. He further stated that other developers have set
aside the requried amount of open space for such a development.
Commissioner Dudziak questioned Mr. Coghlan regarding if there is
something that could be done to allow for more open space. Mr.
Coghlan replied they could potentially give up Lot 1 to allow for more
open space however, it may not be an economically feasible option. He
stated that once the developer was done, they purchased all but two of
the lots for construction. He stated once they started building on those
lots, the lot coverage percentage was calculated differently by staff than
it is done now which has caused the need for a larger percentage for lot
coverage. He stated the only square footage that was counted for lot
coverage percentage was air conditioned space which allowed for the
larger homes to be constructed. He stated the area under roof is now
what is considered for lot coverage which incorporates the garages and
porch areas. He further stated that this puts them at a competitive
disadvantage.
Commissioner Davis questioned Mr. Coghlan why this was changed?
Ron Ruthven clarified the interpretation of the lot coverage percentage to
be the area in which the building footprint encompasses; the actual foot
print of the building not just the air conditioned space. He further stated
that this interpretation has changed just in the last few years; an
administrative lapse.
Commissioner Phelps questioned staff regarding if there is an air
conditioned space above the garage area, is that area included in the
calculation? Ron Ruthven replied it would not be the square footage of
the home itself, but of the footprint, the outline, of the house itself.
Commissioner Phelps stated having a concern for the lack of open
space. He further stated that the existing open space, with today's
standards, does not count as open space. He stated it is taking a
congested neighborhood and making it more congested. Mr. Coghlan
stated that he does not know for sure if anything more can be done with
the open space requirement; they have inherited it. He further explained
that they want a little more lot coverage so that they can construct a
reasonably sized, first floor that includes a three car garage.
Todd Handwerk, President of Calais Custom Homes, stated the briefing
packet contains a small lot subdivision list for properties in Colleyville.
He stated that this development will be less dense than 85 percent of the
subdivisions on this list.
Commissioner Phelps questioned Mr. Coghlan if the intention is to build
a one story home on several of these lots or to have a larger first floor
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with a two story home? Mr. Coghlan replied there is a need for a living
on a story and half structure. He stated they are asking fora 50 percent
lot coverage. He stated the current zoning is so restrictive on the 35
percent that they are not able to take advantage of the setbacks that
were established.
Discussion occurred between Mr. Handwerk and the Commissioners
regarding the setbacks. Mr. Handwerk stated that the R10 zoning was
deleted in 1976; he stated it just does not work in today's environment.
Commissioner Knox questioned Mr. Handwerk regarding if the
calculation changed after development started taking place. Mr.
Handwerk replied yes and that about a year ago, they tried to get a
variance on a lot that went over the lot coverage percentage, by about
three percent, and were denied the request. He stated that they visited
with staff and staff recommended them to move forward with a zoning
change.
Commissioner Davis questioned staff regarding what type of precedence
is set by approving this request for the rest of the City. Ron Ruthven
replied it would not set precedence because this property is unique. He
further stated that most of the R10 zoned lots, in the City, exceed the
actual 10,000 square foot lot size requirement.
Karen Moore, 5412 South Drive, stated that she is in favor of this request
especially if this will help develop the vacant lots.
There being no one wishing to speak, the public hearing was closed at
7:31 p.m.
Commissioner Dudziak questioned staff regarding if the request is just
for the lot coverage in this PUD? Ron Ruthven replied yes.
Commissioner Dudziak questioned staff regarding if the PUD could be
limited to just the lot coverage percentage without changing the actual
setbacks. Ron Ruthven replied yes.
Commissioner Dudziak questioned Mr. Handwerk regarding if that would
solve the problem. Mr. Handwerk replied that would help but with
moving the setbacks it allows for more articulations with the construction.
He stated it would not solve the problem.
Commissioner Dudziak questioned Mr. Handwerk regarding if a five foot
variation on the rear would be acceptable. Mr. Handwerk replied yes, it
would help.
Mr. Coghlan explained an exhibit that was presented in the briefing
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regarding setbacks and lot coverage percentages.
Commissioner Byerly stated that the builder is trying to get the benefit of
the R10 zoning, which is grandfathered, and then trying to get a PUD,
without taking on the burden of having to provide requirements for PUD
developments. He stated with no open space and massive lot coverage,
the development will look congested.
Commissioner Byerly moved to deny case ZC11-008. Commissioner
Dudziak seconded.
The motion to deny carried by the following vote:
Aye: 4 -Dudziak, Wheelwright, Phelps, Byerly
Nay: 3 -Knox, Davis, Rotthaus
7c Approval of a request for a Special Use Permit to allow for horses on Lot
6R1, Block 2, of the Reagan Estates Addition, located at 5514 Lowrie
Road, Case ZC 11-010
Ron Ruthven presented the case and briefed the Commissioners.
Commissioner Dudziak questioned staff regarding if this ordinance is
limited to two horses, no other animals. Ron Ruthven replied correct,
specifically for horses.
Commissioner Byerly opened the public hearing at 7:40 p.m.
Charles Lowrance, the applicant and property owner, came forward to
present the case and brief the Commissioners.
Commissioner Rotthaus questioned Mr. Lowrance regarding if there
were horses there previously, roughly a year ago? Mr. Lowrance replied
yes, and stated he wants to be in compliance with the zoning
regulations.
There being no one wishing to speak, the public hearing was closed at
7:41 p.m.
Commissioner Dudziak moved to approve case ZC11-010.
Commissioner Rotthaus seconded.
The motion carried by the following vote:
Aye: 7 - Knox, Dudziak, Wheelwright, Davis, Rotthaus, Phelps,
Byerly
7d Approval of a request for a Special Use Permit for on-premise alcoholic
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beverages sales on Lot 2A, Block 1, of the Market Addition located at
5003 Colleyville Boulevard, Case ZC11-012
Ron Ruthven presented the case and briefed the Commissioners.
Commissioner Byerly questioned staff regarding if they will need
additional parking spaces with the new addition. Ron Ruthven replied
yes, they will need an additional seven parking spaces.
Commissioner Phelps questioned staff regarding if the shared parking
agreement is being done in anticipation of the expansion? Ron Ruthven
replied it is in addition to the approval of the building permit, which can
be done administratively.
Commissioner Byerly opened the public hearing at 7:46 p.m.
Tom Aikens, the applicant and property owner, came forward to present
the case and brief the Commissioners. He stated that they have met
with the property owner at 5005 Colleyville Boulevard for the shared
parking agreement and will be bringing in the agreement to the City
soon.
There being no one wishing to speak, the public hearing was closed at
7:47 p.m.
Commissioner Davis moved to approve case ZC11-012. Commissioner
Phelps seconded.
The motion carried by the following vote:
Aye: 7 - Knox, Dudziak, Wheelwright, Davis, Rotthaus, Phelps,
Byerly
8. ADJOURNMENT
The meeting adjourned at 7:47 p.m.
I hereby certify the above agenda was posted on the bulletin boards at City Hall
on Friday, July 8, 2011 by 5:00 p.m.
Amy Shelley, Community Development Coordinator
The meeting minutes were approved on July 25, 2011.
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