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