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HomeMy WebLinkAboutPlanning and Zoning Commission-Minutes-10/22/2012 City of Colleyville City Hall 100 Main Street Planning and Zoning Colleyville, Texas 76034 817. 503.1000 Commission www.colleyville.com Minutes Monday, October 22, 2012City Council Chambers Call Meeting to Order The Planning and Zoning Commission of the city of Colleyville was called to order by Chairman Byerly on October 22, 2012 at 7:07 p.m. Roll Call Present: Commissioners Larry Knox, David Dudziak, David Wheelwright, Don Davis, and Jeff Byerly Absent: Commissioners Ron Rotthaus and David Phelps Invocation The invocation was given by Commissioner Wheelwright. 1.APPROVAL OF MINUTES Commissioner Knox moved to approve the September 24, 2012 meeting minutes with grammar corrections. Commissioner Wheelwright seconded. The motionto approve carried with the following vote: Aye: 5 –Knox, Dudziak, Wheelwright, Davis, and Byerly 2.RECOGNITION OF OUTGOING MEMBER Commissioner Byerly recognized Commissioner Ron Rotthaus, Place 1, for his service on the Planning and Zoning Commission. 3.SWEARING IN OF NEWLY APPOINTED MEMBERS Amy Shelley administered the Oath of Office to the following members: Jim Gotcher, Place 1 Jeff Byerly, Place 2 David Wheelwright, Place 3 City of Colleyville Page 1 Planning and Zoning Commission MinutesOctober 22, 2012 4.ELECTION OF OFFICERS Commissioner Knox moved to approve Commissioner Byerly for Chairman, Commissioner Dudziak for Vice-Chairman and Amy Shelley for Recording Secretary. Commissioner Davis seconded. The motion to approve carried with the following vote: Aye: 6–Knox, Dudziak, Wheelwright, Davis, Gotcher, and Byerly 5.APPOINTMENT TO THE PARKLAND DEDICATION COMMITTEE Commissioner Byerly moved to approve Commissioner Knox for the appointment to the Parkland Dedication Committee. Commissioner Davis seconded. The motion to approve carried with the following vote: Aye: 6–Knox, Dudziak, Wheelwright, Davis, Gotcher, and Byerly 6.CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA There were no citizen comments/presentations regarding items not on the agenda. 7.REGULAR AGENDA ITEMS 7aConsideration of a waiver request to the sidewalk requirements on Lot 1, Block 1, of the Lawler Addition located at 509 Black Drive, Case GC12-016 Ron Ruthven presented the case and briefed the Commissioners. Commissioner Davis questioned staff regarding if the proposed sidewalk will run into the existing home. Ron Ruthven explained that there is room for the proposed sidewalk however it would be close to the existing structure. Commissioner Davis questioned staff regarding if there is a historical marker on the subject property. Ron Ruthven replied that he did not believe there to be one. Commissioner Davis questioned staff regarding if there would be any trees that would have to be removed. Ron Ruthven used the exhibits, in the slideshow, to indicate the trees to be removed. Commissioner Knox questioned staff regarding if there would be any way to meander around the existing trees. Ron Ruthven replied that it would be City of Colleyville Page 2 Planning and Zoning Commission MinutesOctober 22, 2012 difficult to meander around the larger oak tree. Commissioner Davis stated he would hate to see a 30 inch oak tree have to be removed. Sam Noel, the homebuilder, 2404 Arbor Gate Lane, came forward to present the case and brief the Commissioners. Commissioner Davis questioned Mr. Noel regarding ifthe trees are healthy. Mr. Noel replied yes, they appear to be healthy. Commissioner Knox questioned Mr. Noel regarding if the sidewalk requirement was stamped on the building plan. Mr. Noel repliedthat according to the Building Official, it was in anengineering portion of the reviewed plans. He further stated that he does not believe that it was stamped on the larger plans. Commissioner Dudziak stated that the builders know that the sidewalk requirements are in place. He further stated that he believes the money should be escrowed for the sidewalk. Commissioner Dudziak moved to approvecase GC12-016with the escrow option for the sidewalk. Commissioner Byerly seconded. Mr. Noel stated that if there is never a sidewalk put on this property, then essentially the homeowner is paying for someone else’s property. Commissioner Byerly explained to Mr. Noel regarding the sidewalk escrow option according to the City Council’s recommendation on the sidewalk map. Mr. Noel questioned staff regarding if there are remodels or any new structures built on Black Drive, and then those persons are responsible for constructing, or putting money into escrow for a sidewalk. Ron Ruthven replied that a sidewalk is to be constructed along Black Drive when a new structure is built on Black Drive, not remodeled.He further explained the neighborhood district in which this property is included, Neighborhood #2. Mr. Noel questioned staff regarding if the current sidewalk issues have been resolved with the City Council. Commissioner Byerly explained that this is the current sidewalk requirement. The motion to approve,with the escrow option, carried with the following vote: Aye: 5–Knox, Dudziak, Wheelwright, Gotcher, and Byerly Nay: 1 –Davis City of Colleyville Page 3 Planning and Zoning Commission MinutesOctober 22, 2012 7bApproval of aPreliminary Plat of Lots 1-6, Block 1, of the Black Drive Subdivision on 2.78 acres located at 200 Black Drive, Case PC12-013 Ron Ruthven presented the case and briefed the Commission. Bryan Holland, the applicant, came forward to present the case and brief the Commissioners. Commissioner Knox moved to approve case PC12-013. Commissioner Davis seconded. The motion to approve carried with the following vote: Aye: 6–Knox, Dudziak, Wheelwright, Gotcher, Davis, and Byerly 7cApproval ofa request for a minor plat for 10.3 acres on Tracts 1A1D, 1A5, and 1B4, of Abstract 1182, of the W.C. Newton Survey located at 816 W. L. D. Lockett Road, Case PC12-014 Ron Ruthven presented the case and briefed the Commission. Marty Stadjuhar, the applicant and property owner, came forward to present the case and brief the Commissioners. Commissioner Davis moved to approve case PC12-014. Commissioner Wheelwright seconded. The motion to approve carried with the following vote: Aye: 6–Knox, Dudziak, Wheelwright, Gotcher, Davis, and Byerly 8.PUBLIC HEARING AGENDA ITEMS 8aConsideration of a replat on Lots 13 and 14, Block 1, of the Thompson Terrace Addition located at 5008 and 5016 Thompson Terrace, Case PC12-011 Ron Ruthven presented the case and briefed the Commission. Commissioner Byerly opened the public hearing at 7:36 p.m. Charles Starnes, the Engineer and Surveyor, came forward to present the case and brief the Commissioners. City of Colleyville Page 4 Planning and Zoning Commission MinutesOctober 22, 2012 There being no one wishing to speak, the public hearing was closed at 7:38 p.m. Commissioner Davis moved to approve case PC12-011. Commissioner Wheelwright seconded. The motion to approve carried with the following vote: Aye: 6–Knox, Dudziak, Wheelwright, Gotcher, Davis, and Byerly 8bConsideration of a request fora Special Use Permit for a carport on Lot 1A, Block 1, of the MeadowlakeAddition located at 1117 W. LD Lockett Road, Case ZC12-024 Ron Ruthven presented the case and briefed the Commission. Commissioner Davis questioned staff regarding the steel beams. Ron Ruthven explained that the beamsare made of metal with masonry around the bottom portion. Commissioner Davis questioned staff regarding if the beams, holding the roof, are metal as well. Ron Ruthven replied yes. Commissioner Dudziak questioned staff regarding if there are any ordinances that cover the exposed steel beams, should they be covered? Ron Ruthven stated that these building come pre-engineered and therefore are all metal. Commissioner Dudziak questioned staff regarding if the exposed metal, along the bracing at the top, can remain exposed. Ron Ruthven explained that the metal beamsmay remain exposed. Commissioner Davis questioned staff regarding how high up does the masonry on the columns have to be. Ron Ruthven replied, all the way up the column. Commissioner Byerly opened the public hearing at 7:43p.m. Craig Gandy, the applicant and property owner, came forward to present the case and brief the Commissioners. Commissioner Davis questioned Mr. Gandy regardingwhy he wanted a 1:12 pitch roof. Mr. Gandy replied he did not have a reason other than the discussions he has had with the contractors. He explained that he would be inclined to meet the requirements of the code. City of Colleyville Page 5 Planning and Zoning Commission MinutesOctober 22, 2012 There being no one wishing to speak, the public hearing was closed at 7:45 p.m. Commissioner Gotcher stated that the applicant wants to match some existing elements that he has on the property; are these circumstances that can be considered. Ron Ruthven explained that this is a Special Use Permit request, therefore the ordinance can be detailed as the Commission deems necessary. Commissioner Davis questioned Mr. Gandy regarding how close the new structure will be to the existing home. Mr. Gandy replied that it will be approximately eight feet from the house. Commissioner Byerly questioned Mr. Gandy regarding if he has any photos of the existing home that details the features. Mr. Gandy replied no. He further explained that the stone elements are approximately 36-38 inchesfrom the ground up with cedar beams that extend beyond that. Commissioner Davis questioned Mr. Gandy regarding if this structure will match the existing front porch area. Mr. Gandy replied yes. Commissioner Gotcher questioned Mr. Gandy regarding how close the new structure will be to the existing home. Mr. Gandy replied that it will be approximately six to eight feet from the house. Commissioner Gotcher questioned staff regarding how far this structure will sit from L.D. Lockett Road. Ron Ruthven replied that it will sit approximately 200 feet from L.D. Lockett Road. Commissioner Davis questioned Mr. Gandy regarding his preference on the stone columns. Mr. Gandy replied that he thinks it will look better if the stone work matches the existing porch area. Ron Ruthvenexplained the spirit of the carport ordinance to the Commissioners. Commissioner Byerly questioned staff regarding how the Commissioners can make a recommendation on the stone columns without knowing what the existing structure looks like. Ron Ruthven explained that the Commissioners could make a recommendation that the stone height shall match the stone height of the primary structure. Commissioner Byerly questioned staff regarding if this can be ensured by the building permit. Ron Ruthven replied yes. Mr. Gandy stated that he can wrap the steel beams with cedar, for cosmetic City of Colleyville Page 6 Planning and Zoning Commission MinutesOctober 22, 2012 purposes. Commissioner Dudziak questioned Mr. Gandy regarding if the steel cross beams, under the roof line, could be encased with cedar as well. Mr. Gandy replied that he had not consideredthat,and further explained that it would be difficult to do. He explained that the existing front porch is built with cedar beams. Discussion occurred between the Commissioners and the City Attorney regarding wording for the motion. Commissioner Knox stated that all of the support columns need to be wrapped in cedar, to the roof line, and the column stone wraps should extend 36 inches above the finished grade, but not all the way to the roof line. Commissioners Davis and Gotcher recommendthat the structure should match the existing front porch structure. Commissioner Gotchermoved to approve case ZC12-024with the recommendations in the proposed ordinance with the exception that the masonry brick/masonry columns should extend at least 36inches above the finished grade, but not all the way to the roof line, and with the steel beams to be wrapped in cedar. Commissioner Wheelwright seconded. The motion to approve carried with the following vote: Aye: 6–Knox, Dudziak, Wheelwright, Gotcher, Davis, and Byerly 9.CONTINUED PUBLIC HEARING AGENDA ITEM 9aApproval 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 Ruthven presented the case and briefed the Commission. Commissioner Byerly opened the public hearing at 8:01 p.m. Donald Silverman, the applicant, came forward to present the case and brief the Commissioners. Commissioner Dudziak questioned Mr. Silverman regarding if there are financing issues with multi-level units. Mr. Silverman replied that there are City of Colleyville Page 7 Planning and Zoning Commission MinutesOctober 22, 2012 times when financing can be a challenge when a mixed use development is in place. Commissioner Dudziak questioned Mr. Silverman regarding if additional units are difficult to finance versus a single unit. Mr. Silverman replied at times it is difficult.He said some prefer not to pay a higher price to live in a condominium unit and maintain common areas. He further stated that the project will move faster with a single unit product. Commissioner Byerly questioned Mr. Silverman regardingif more residential density would encourage the commercial uses. Mr. Silverman replied that they are trying to get the project moving so that the development could be completed. He further stated that more residences will help the development however; there is only so much room for the units. Commissioner Byerly stated that the current ordinance will allow for 15 residences to be constructed. He further questioned Mr. Silverman regarding have they considered building those units to see how it will takeoff after they are constructed? Mr. Silverman replied that they cannot get a builder to come in and contract to build such few units. He stated that they want at least 35 to 40 units under contract before they will commit to building in this development. Jimmy Archie, the applicant and property owner, came forward to present the case and brief the Commissioners. Commissioner Davis questioned Mr. Archie regarding if the parking is public. Mr. Archie replied yes. Commissioner Davis questioned Mr. Archie regarding if the police can patrol and issue citations for parking violations. Mr. Archie replied yes, however there are no regulations for parking. Ron Ruthven concurred, and stated that there are no on-street parking regulations. City Attorney concurred with staff regarding parking regulations and further explained the typical parking requirements are located in the general city ordinances not in a zoning ordinance. Commissioner Dudziak questioned Mr. Archie regarding if the number of residential units is limited because of the number of parking spaces required per living unit. Mr. Archie replied that two parking spaces are required for the living units and one space can be located within 600 feet of the unit. Commissioner Dudziak questioned Mr. Archie regarding what are some ideas to help these situations with parking and density. Mr. Archie replied that the parking could go underground however it is cost prohibitive and has not City of Colleyville Page 8 Planning and Zoning Commission MinutesOctober 22, 2012 worked so far. He stated the cost per square foot goes up at that point. He stated that removing the maximum unit limitation helps so that the developer can make adjustments. Commissioner Dudziak questioned Mr. Archie regarding if the parking could be on the entire first floor with units above the parking. Mr. Archie replied that the zoning would allow it since parking is an approved use, however, he does not know if a builder would do this. Commissioner Dudziak stated that there needs to be more density in order to drive the commercial to succeed.Mr. Archie stated that more parking could be added to some of the lots to allow for the commercial on the ground floor with smaller, one or two bedroom, units above it. Commissioner Dudziak questioned Mr. Archie regarding if the proposed changes would allow that density. Mr. Archie replied yes, he believes so. Commissioner Dudziak stated that smaller, less costly units are going to drive this development, especially for the younger generation who spend more money. Mr. Archie explained that he believes the development will take off if the applicants are given the amendments to the PUD so that a builder will come in and start construction. Commissioner Byerly questioned Mr. Archie regarding if that will be the best use for most of the lots right outside of the commercialareas for residential. Mr. Archie replied that those can be constructed, today, as residential. He stated that the applicants are only asking for one more site in those areas to be residential. There being no one wishing to speak, the public hearing was closed at 8:38 p.m. Commissioner Wheelwright stated not being opposed to any of these changes. He stated being in favor of them, given the struggles with this development. Ron Ruthven stated that the parking issues have been addressed with the applicant and the developer. He stated that staff will present something more concrete to the City Council. Commissioner Wheelwright stated he would be in favor of eliminating the maximum residency per site however something would need to be in place regarding parking. Ron Ruthven explained that with this type of a development, these issues are factored in at the beginning of the process so City of Colleyville Page 9 Planning and Zoning Commission MinutesOctober 22, 2012 that different scenarios are in place when issues evolve. Commissioner Davis questioned staff regarding why would someone want to park two football fields away from their home; they will never be able to sell those homes. Ron Ruthven stated that the applicants will be able to meet the parking demands as they are proposing. He further explained that the current ordinancestates that the additional parking space may be located within 400 feet in the proposed ordinance. Commissioner Byerly stated that this was initially planned for flexibility with commercial and residential as long as a certain percentage was met. He further stated that 44 townhomes are being requested to be constructed with a maximum of three residential units per lot, unless a minimum amount is put in place. He stated there are lots that appear to have a better commercial use than residential. Commissioner Wheelwright stated that they are trying to achieve something consistent throughout so that a developer can come in and finish the development. Mr. Silverman stated they are trying to kick start the development with the residential aspect so that something is being constructed in the Village to draw more attention to it. Commissioner Dudziak questioned Mr. Silverman regarding that the developer will be the one to create the higher density with commercial. Mr. Silverman replied yes. Commissioner Dudziak stated being a little concerned about the approach and stated that there needs to be a higher density in residential. Commissioner Byerly stated that the kick start should have taken place,a couple of years ago,when Henry S. Miller proposed an amendment. Commissioner Byerly stated that the new Walmart Neighborhood Market and the new Londoner will help the commercial components of the Village. Commissioner Byerly moved to deny case ZC12-022. Commissioner Wheelwright stated that Walmart does help bring in more commercial but he felt unsure about these helping to kick start the Village. He stated it may be wishful thinking. Commissioner Dudziak seconded. City of Colleyville Page 10 Planning and Zoning Commission MinutesOctober 22, 2012 Commissioner Dudziak stated there have been numerous conversations regarding the need for more density. Commissioner Byerly questioned staff regarding if the applicant can appeal the request to City Council. Ron Ruthven replied that if the Commission denies the request, they have 10 days to appeal to City Council. The motion todeny failed with the following vote: Aye: 3–Knox, Dudziak, Byerly Nay: 3 –Wheelwright, Gotcher, Davis Discussion occurred between the Commissioners and Mr. Archie regarding the residential percentages. Mr. Silverman stated they could withdraw their request all together. He further requested that the Commission table this request to the next meeting. Commissioner Byerly moved to continue this item at the next meeting scheduled for November 12, 2012. Commissioner Davis seconded. The motion to continue was approved with the following vote: Aye: 6–Knox, Dudziak, Wheelwright, Gotcher, Davis, and Byerly 10.ADJOURNMENT The meeting adjourned at 9:03 p.m. Minutes were written and prepared by: Amy Shelley Community Development Coordinator The meeting minutes were approved on November 12, 2012 by a vote of 7-0. City of Colleyville Page 11