Loading...
HomeMy WebLinkAboutPlanning and Zoning Commission-Minutes-9/24/2012City of Colleyville City Hall Planning and Zoning 100 Main Street Colleyville, Texas 76034 Commission 817. 503.1000 www.colleyville.com Minutes Monday, September 24, 2012City Council Chambers Call Meeting to Order The Planning and Zoning Commission meeting of the City of Colleyville was called to order by Chairman Byerly on September 24, 2012 at 7:10p.m. Roll Call Present: CommissionersLarry Knox, David Dudziak, David Wheelwright, Ron Rotthaus, Don Davis, David Phelps, and Jeff Byerly Staff Present:Ron Ruthven, Amy Shelley, Marty Wieder, Jeremy Hutt, Rob McKeown and Kim Roby Invocation The invocation was given by CommissionerByerly. 1.APPROVAL OF MINUTES Commissioner Davis moved to approve the September 10, 2012 meeting minutes as written. Commissioner Phelps seconded. The motion to approve carried with the following vote: Aye: 7 –Knox, Dudziak, Wheelwright, Rotthaus,Davis, Phelps and Byerly 2.CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA There were no citizen comments/presentations regarding items not on the agenda. 3.REGULAR AGENDA ITEMS 3aApproval of a minor plat for 0.9 acres on Tract 6B03B, Abstract 328 of the Simon Cotrail Survey located at 4708 Behrens Court, Case PC12-012 Amy Shelley presented the case and briefed the Commissioners. City of Colleyville Page 1 City CouncilMinutesSeptember 24, 2012 Michele Young, the applicant and property owner, was present but did not wish to add anything to staff’s presentation. Commissioner Wheelwright moved to approve case PC12-012. Commissioner Knox seconded. The motion to approve carried with the following vote: Aye: 7 –Knox, Dudziak, Wheelwright, Rotthaus,Davis, Phelps and Byerly 4.PUBLIC HEARING AGENDA ITEMS 4aApproval of a replat for 0.8 acres on Lots 1 and 2, Block 1, of the O. Martin Addition located at 5601 Montclair Drive and 2104 Ruth Road, Case PC12-008 Amy Shelley presented the case and briefed the Commissioners. Commissioner Phelps questioned staff regarding the building lot line. Ron Ruthven explained the lot line location using the plat exhibit. Commissioner Byerly opened the public hearing at 7:21p.m. Steve Pence, property owner at 5601 Montclairand 2104 Ruth Road, and Don Enty, property owner at 5513 Montclair, presented the case and briefed the Commissioners. Commissioner Byerly questioned Mr. Pence regarding the waiver to the front setback. Mr. Pence explained that currently the setback is 25 feet however they would like a 30 foot setback so that they may build onto their house in the future and a 30 foot setback would be sufficient. There being no one wishing to speak, the public hearing was closed at 7:23 p.m. Commissioner Phelpsmoved to approve case PC12-008. Commissioner Wheelwrightseconded. The motion to approve carried with the following vote: Aye: 7–Knox, Dudziak, Wheelwright, Rotthaus,Davis, Phelps and Byerly 4bApproval of areplat for Lots 19, 20 and 21, Block A of the Whittier Heights, Phase I Addition located in the 6900 block of Whittier Lane, Case PC12-010 City of Colleyville Page 2 City CouncilMinutesSeptember 24, 2012 Ron Ruthvenpresented the case and briefed the Commissioners. Commissioner Byerly questioned staff regarding if any waivers are being requested. Ron Ruthven replied no. Commissioner Byerly opened the public hearing at 7:26p.m. Rob Paul, the applicant and property owner, presented the case and briefed the Commissioners. Kristine Vest, 120 Muir Lane, spoke in opposition to this request with concerns for traffic. David Hager, 6812 Whittier Lane, spoke in support of this request and stated that over 80 percent of the homeowners have accepted this request. Brian Reed, 6712 Whittier Lane, spoke in support of this request. Don Albrecht, 533 Haverhill Lane, spoke in support of this request. There were four persons who registered their support for this request but did not wish to speak. There being no one wishing to speak, the public hearing was closed at 7:37 p.m. Commissioner Dudziak questioned Mr. Paul regarding who will control the access or distribution of the clicker devices for the emergency access gate. Mr. Paul replied that he personally will control who will receive the clicker devices. Mr. Paul further explained that there will only be three devices that will be distributed for access since it is not intended for all employees of Toll Brothers. Commissioner Wheelwright regarding what is the timeline for the sell out of the properties so that the gate will return to an emergency access gate only. Mr. Paul replied that it is solely dependent on the market. He further explained that once the lots in the Reserve aresold, the gate will return to an emergency access gate only. Commissioner Phelps questioned staff regarding the plat and that it does not include the waiver request to the gate option. Ron Ruthven replied yes, the replat is being considered by the Commissiontonight and that City Council will address the waiver request to the emergency access gate. Commissioner Dudziak questioned Mr. Paul regarding the sidewalk. Kevin City of Colleyville Page 3 City CouncilMinutesSeptember 24, 2012 Kessler, Jacobs Engineering, came forward to explain the location of the sidewalk and stated that it will be outside the access easement. Mr. Paul stated the sidewalk will be a six foot in width for connection with the sidewalks in the Reserve development. Commissioner Phelpsmoved to approve case PC12-010. Commissioner Davisseconded. The motion to approve carried with the following vote: Aye: 7 –Knox, Dudziak, Wheelwright, Rotthaus,Davis, Phelps and Byerly 4cApproval ofan amendment to the PUD-C-Planned Unit Development Commercial zoning and development requirements for the entire Village at Colleyville Addition located on Veranda Lane, Main Street, Village Lane, Piazza Lane, Terra Cotta Way, Cottage Lane, Mission Lane, Casa Lane, and in the 5100 to 5200 block of Pleasant Run Road, Case ZC12-022 Ron Ruthvenpresented the caseand briefed the Commissioners. Commissioner Byerly opened the public hearing at 7:56 p.m. HelmutLandwehr,the applicant and property owner, presented the case and briefed the Commissioners. Commissioner Dudziak questioned Mr. Landwehr regarding if there will be one or multiple builders. Mr. Landwehr replied that he did not know at this time but that they will include builders who will comply with architectural standards for the Village. Commissioner Dudziak questioned Mr. Landwehr regarding if he will be the developer of the project or if it will be Realty Capital. Mr. Landwehr replied that it appears that the City will be working on a new City Developer Agreement with Realty Capital and that no, they will not be the primary developer. Commissioner Dudziak questioned Mr. Landwehr regarding if Realty Capital will be coming forward with further amendments to this particular ordinance or will the City be working with you. Mr. Landwehr replied that Realty Capital will still own a few lots on Main Street. He further stated that Realty Capital does have some concerns for the Special Use Permit request therefore they may be coming back with an amendment to that aspect of the ordinance. Commissioner Dudziak questioned Mr. Landwehr regarding the statement of planning objectives from Don Silverman, included in the packet, will they be City of Colleyville Page 4 City CouncilMinutesSeptember 24, 2012 able to comply with the 120 day time period for building. Mr. Landwehr replied that they have an interest with various builders for this project but that they have not contracted with anyone yet. He further explained that townhouse owners have difficulties in financing since they are not approved for Fanny Mae or Freddie Macservices. He stated the amendment to the zoning had to take place first before the builders will commit. Commissioner Dudziak questioned Mr. Landwehr regarding what drives the first floor development. Mr. Landwehr replied that there is a market for townhouses if they are in the right price range and that substantial retail is not in the market for the first floor areas. Commissioner Phelps questioned Mr. Landwehr regarding the properties located on the zoning exhibit provided. Mr. Landwehr explained that they will own those properties. Commissioner Phelps questioned Mr. Landwehr regarding if all of these lots are being considered for town homes. Mr. Landwehr replied yes, all are being considered for townhouses. Commissioner Phelps questioned Mr. Landwehr regarding what is the current percentage for residential. Mr. Landwehr replied that he did not know the exact percentages but that they need more townhouses for the Village to be successful. Commissioner Byerly stated that it appears that more residential is being requested than commercial. Mr. Landwehr replied that is exactly correct and furtherexplained that the developer wanted more commercial, in the beginning, however the development is not leaning that way.He stated that the local retailers are going away, all over the nation. He further explained that there are retailers who are destination places like the jeweler. Commissioner Dudziak questioned Mr. Landwehr regarding if the density is high enough to make this project work. Mr. Landwehr stated that he understands Main Street will have the most retail and maybe residences above but townhouses will need to be built on the remaining, open lots. He stated building townhouses on Main Street is not a good idea. He stated that the proposed amendment will work. Commissioner Dudziak concurred with Mr. Landwehr regarding the Village is a residential project not a commercial project. He stated he would like to see more residential to increase the foot traffic to help increase the commercial retailers. Commissioner Wheelwright questioned Mr. Landwehr regarding his concern City of Colleyville Page 5 City CouncilMinutesSeptember 24, 2012 for the SUP requirement. Mr. Landwehr replied that he understands that the City wants to have control over multifamily however, it puts more restrictions on the developer, Realty Capital, than before the amendment. He stated that they prefer to be free to develop and not have to come back and ask for permission to develop. There were five persons who registered their support for this request but did not wish to speak. There being no one wishing to speak, the public hearing was closed at 8:18 p.m. Commissioner Phelps questioned staff regarding that one of the areas in the public plaza area includes a residential lot, is that a known factor? Ron Ruthven explained that the public plaza use is just another permissible use. Commissioner Phelps questioned staff regarding if the public plaza use is specifically for that area or could it be applied to anywhere in the Village. Ron Ruthven explained that this area is centered within the Village. Commissioner Phelps stated he would rather that area not be restricted for the public plaza especially if it were to be developed as townhomes. He stated there may be other options. Ron Ruthven explained that the area was designated because the layout of the streets make it easier for the closing of those streets and still have emergency access. Commissioner Byerly questioned staff regarding the SUP requirement for the multifamily component. He stated that the Village was developed for commercial retailers on the bottom with the other levels being residential. He questioned why phase thiscomponent out now if we can still achieve that instead of coming back for an SUP. Ron Ruthven explained that the SUP requirement was placed in the amending ordinance to eliminate the need to have to amend the ordinance each time the developer wanted to add more residential. He further explained the 2006 ordinance and its requirements. Commissioner Byerly questioned staff regarding when an SUP would be required with this amendment. Ron Ruthven replied that residential would be allowed on the ground and second floor levels but to add a third level of residential would require an SUP. Commissioner Byerly stated that multifamily is more than two. Ron Ruthven concurred. Commissioner Dudziak stated he would rather a builder know that he could come in now and build a three story multifamily structure without having to City of Colleyville Page 6 City CouncilMinutesSeptember 24, 2012 get an SUP. He suggested that the requirement be removed. Commissioner Byerly questioned Mr. Landwehr regarding if there will be a single townhome on eachlot. Mr. Landwehr replied yes, one lot, one townhouse, and one resident. He stated that they have to ensure a valid product for future homeowners. Commissioner Dudziak questioned Mr. Landwehr regarding how the density is going to be increased to a sufficient level to ensure the commercialsuccess of the Village without having multi-level residences. Mr. Landwehr replied that they are adding 37 townhouses therefore they are hoping to increase the residences to 100 (if at least 3 persons live in each townhome) so that a coffee shop or restaurant could survive once the Village is completed. Commissioner Dudziak explained that he thought there would be multi-level townhomes. He stated that a builder could gain more by building three townhomes on one lot versus only one townhome. Mr. Landwehr replied that they did not think so. He explained he has discussed the topic with various builders and they stated that the size of the residences should be no more than 3,000 square feet with a price of $300,000 to $400,000 each. He further stated thatit does not make sense to split the townhome into three, 1,000 square foot units and sell them for $100,000 to $120,000. He explained that he felt it would jeopardize the product. Commissioner Phelps questioned Mr. Landwehr regarding if there will be one building for the townhomes or will they be detached and separated by the parcel. Mr. Landwehr replied that the builders have explained to him that the market is dictating detached townhomes. Commissioner Phelps questioned Mr. Landwehr regarding the SUPfor multi- units. He stated that this requirement does not seem to come into play with what has been described with detached, single unit townhomes. Mr. Landwehr concurred and stated that the SUP requirement could come into play in the future once the Village is totally developed. Commissioner Phelps stated that the SUP requirement would actually protect the type of development that has been described this evening. Mr. Landwehr concurred. Commissioner Dudziak questioned staff regarding if one SUP would be required if multiple lots are joined together or would each lot need its own SUP? Ron Ruthven replied that one SUP could cover multiple lots. Commissioner Phelps questioned staff regarding if it is multiple residential units per lot or per development. Ron Ruthven explained that it is per lot. City of Colleyville Page 7 City CouncilMinutesSeptember 24, 2012 Commissioner Wheelwright stated that for a single lot townhome development, the SUP would not apply. Ron Ruthven concurred. Commissioner Phelps questioned staff regarding if all of the properties, subject to this request, are developed, what will be left in the Village to be developed as residential, given the two separate zones. Ron Ruthven replied based on the proposal, in terms of ground floor, based on all the sites in the Village, it will allow 77 out of 160 for residential. He further explained that the other remaining units would have to have commercial on the ground floor. Commissioner Wheelwright stated he likes the amendments requested by the developer. He stated he liked the letter of support included in the packet. Commissioner Wheelwright moved to approve case ZC12-022 as written. Commissioner Davisseconded. Commissioner Dudziak stated that he hopes that the builders will put more residential in the Village, more density with some lower price points. He stated he would like to make a friendly amendment to remove the auto sales from the ordinance. He stated he would like the SUP requirement to be removed. Commissioner Byerly concurred and stated he would like to hear from the other property owners in the Village, such as Realty Capital therefore he would like to continue this public hearing. He would like the SUP to be eliminated; a blanket alcohol SUP; flexibility to increase the density for residential; eliminate the townhome units along the bottom floor along Village Lane, leading into the new Neighborhood Market. He stated that there are some issues that staff and the developer need time to evaluate. Commissioner Phelps stated that there are some items that need to be reworked in theamendment. He reminded the Commissioners regarding the next meeting is not until October 22, therefore the applicant may be under some time constraints. Commissioner Byerly stated that some other participants, especially the other developers from the Village, are not present and will need to be present at the next meeting to discuss some of these issues. The motion to approve failed with the following vote: Aye: 2–Wheelwright, Davis Nay: 5 –Knox, Dudziak, Rotthaus, Phelps and Byerly City of Colleyville Page 8 City CouncilMinutesSeptember 24, 2012 CommissionerByerly moved to continue this item and reopen the public hearing at the October 22, 2012 meeting. Commissioner Dudziak seconded. Commissioner Wheelwright stated that based on the developer, present tonight, the SUP is not something that will apply to their request. He concurred with the blanket SUP for alcohol and the removal for the auto sales. Commissioner Byerly stated that there are elements from the 2006 ordinance that should be incorporated within this ordinance. Ron Ruthven stated that staff can reword the amending ordinance to include some of the 2006 ordinance. The motion to continue this item was approved with the following vote: Aye: 5 –Knox, Dudziak, Rotthaus, Phelps and Byerly Nay: 2 –Wheelwright, Davis Commissioners Dudziak and Byerly thanked Commissioner Rotthaus for his time and service on the Commission. 5.ADJOURNMENT The meeting adjourned at 9:00 p.m. Minutes were written and prepared by: Amy Shelley Community Development Coordinator The meeting minutes were approved onOctober 12, 2012 by a vote of 6-0. City of Colleyville Page 9