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HomeMy WebLinkAboutPlanning and Zoning Commission-Minutes-7/11/2011" ~ City of Colleyville `a.~~~~ ~~_` ~ Minutes -Fin ~~ al ~.,..,_ 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. City of Colleyville Page 1 Printed on 7/27/2011 Planning and Zoning Commission Minutes -Final July 11, 2011 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. City of Colleyvilfe Page 2 Printed on 7/27/2011 Planning and Zoning Commission Minutes -Final July 11, 2011 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 City of Colleyville Page 3 Printed on 7/27/2011 Planning and Zoning Commission Minutes -Final July 11, 2011 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 City of Colleyville Page 4 Printed on 7/27/2011 Planning and Zoning Commission Minutes -Final July 11, 2011 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 City of Colleyville Page 5 Printed on 7/27/2011 Planning and Zoning Commission Minutes -Final July 11, 2011 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. City of Colleyville Page 6 Printed on 7/27/2011