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HomeMy WebLinkAboutPlanning and Zoning Commission-Minutes-11/12/2012 City of Colleyville City Hall Planning and Zoning 100 Main Street Colleyville, Texas 76034 Commission 817. 503.1000 www.colleyville.com Minutes Monday, November 12, 2012City Council Chambers 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 City Attorney Cathy Cunningham explained that the Executive Session has been called in accordance with the Texas Government Code, chapter 551, Subchapter D, Section 551.071, Legal. She further explained that there would be no decisions made or actions taken during this time. The meeting was recessed at 6:46 p.m. into executive session and reconvened into open session at 6:54 p.m. Call Meeting to Order The Planning and Zoning Commission of the city of Colleyville was called to order by Chairman Byerly on November 12, 2012 at 7:07 p.m. Roll Call Present: Commissioners Larry Knox, David Dudziak, DavidWheelwright, Jim Gotcher, Don Davis, David Phelps, and Jeff Byerly Staff Present: Ron Ruthven, Amy Shelley, Marty Wieder, Rob McKeown, Jeremy Hutt, and Dale Crown Invocation The invocation was given by Commissioner Gotcher. 1.APPROVAL OF MINUTES Commissioner Knox moved to approve theOctober 22, 2012 meeting minutes with grammar corrections. Commissioner Davisseconded. The motion to approve carried with the following vote: Aye: 7–Knox, Dudziak, Wheelwright, Gotcher, Phelps, Davis, and Byerly City of Colleyville Page 1 Planning and Zoning Commission MinutesNovember 12, 2012 2.SWEARING IN OF NEWLY APPOINTED MEMBER Amy Shelley administered the Oath ofOffice to the following member: David Phelps, Place 4 3.CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA There were no citizen comments/presentations regarding items not on the agenda. 4.REGULAR AGENDA ITEMS 4aApproval of a request for a minor plat on 1.0 acres on Tract 3B, Abstract 328, of the Simon Cotrail Survey located at 4609 Behrens Road, Case PC12-016 Amy Shelleypresented the case and briefed the Commission. Theapplicantwas present but had nothing further to present. Commissioner Davis moved to approve case PC12-016. Commissioner Dudziakseconded. The motion to approve carried with the following vote: Aye: 6–Knox, Dudziak, Wheelwright, Gotcher, Davis, and Byerly 5.CONTINUED PUBLIC HEARING AGENDA ITEM 5aApproval 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 questioned staff regarding Mission Lane. Ron Ruthven explained the expansion of Mission Lane with the aerials. Commissioner Phelps questioned staff regarding if the widening of Mission Lane would take place on the southern portion. Ron Ruthven concurred and further explained that both sides could be widened given any engineering City of Colleyville Page 2 Planning and Zoning Commission MinutesNovember 12, 2012 comments. Commissioner Phelps questioned staff regarding if the bridge is two-way. Ron Ruthven replied yes, the bridge is two-way. Commissioner Davis questioned staff regarding if the on-street parking on Mission Lane will be eliminated. Ron Ruthven replied that the on-street parking to the north would be retained. Commissioner Dudziak questioned staff regarding if any of the proposed changes will impact the TIF district. Ron Ruthven replied that the amendments will not impact the TIF agreement but it could affect the assessable values. Commissioner Byerly opened the public hearing at 7:22 p.m. Donald Silverman, the applicant, came forward to present the case and brief the Commissioners. Commissioner Dudziak questioned Mr. Silverman regarding if his plan is to continue with the single family, detached units. Mr. Silverman replied yes. Commissioner Dudziak questioned Mr. Silverman regarding if hehas ever pursued looking at higher density projects. Mr. Silverman replied that he is primarily a retail developer and further stated he does not know enough about small scale, mixed-use development. Helmut Landwehrcame forward to present the case and brief the Commissioners regarding the mixed-use development. Commissioner Dudziak stated he would like the higher density residential units for this project. He stated he would like to help the developer get what he needs such as parking, so that the density can be put in place. Mr. Landwehr replied he is not in the business of building multi-family units. Commissioner Wheelwright questioned Mr. Landwehr regarding the sites in the zones. Mr. Landwehr concurred with those numbers. He further stated that they are asking for one additional townhome in addition to what is currently permitted in the ordinance. He stated that they are having a difficult time securing a builder with such few units. Commissioner Davis questioned Mr. Landwehr regarding if the amendments are approved, will the homes be“spec”or custom. Mr. Landwehr replied that it has not been decided ifthe homes will be custom or “spec”. City of Colleyville Page 3 Planning and Zoning Commission MinutesNovember 12, 2012 Discussion occurred between Commissioner Phelps and staff regarding the “NC” area. Commissioner Phelps questioned Mr. Landwehr regarding if he owns the lots in which the legal non-conforming issues are to be eliminated from the ordinance. Mr. Landwehr replied he does not have control over those properties and that it is the developer’s request. Mr. Silverman stated that if the homes were to burn down, this would prevent the ancillary unit from being built. Commissioner Phelps questioned Mr. Landwehr regarding the square footage of the residential units, are there any objections to the 1,500 square feet versus 1,000 square feet? Mr. Landwehr replied not having an issue with this request. Mr. Silverman stated that portion would not address the density issue. He further explained that apartment units are typically 1,000 square feet and condominium unitsare usually between 1,500 and 1,800 square feet. He stated the 1,500 will preclude any apartment units being constructed. Commissioner Phelps stated that this is for the first floor only. There being no one wishing to speak, the public hearing was closedat 7:52 p.m. Commissioner Knox questioned staff regarding the already built units. Ron Ruthven replied that the original ordinance allowed for ancillary units as small as 600 square feet and if it is taken out, they would still be legal non- conformingregardless if that section is taken out. Commissioner Phelps questioned staff regarding what is the net impact on the density with the required numbers versus the requested amendment. Ron Ruthven replied with the maximum of 200 units allowed, a total density of 7.7 units per acre, under the proposed. The current ordinance, with nothing changed, would still be 200 units. Today, the density would make out at 7.7 and as proposed it would still be 7.7 units per acre. Commissioner Phelps stated that every time a request comes in, the retail is constantly being pushed out. He stated that the developers always state that the residential numbers have to be increased in order for the retail to work. He stated having a concern for the long term vision increasing the retail presence. Commissioner Dudziak questioned staff regarding if there have been any inquiries to fill out the remaining retail left in the Walmart shopping center development. Marty Wieder explained that they have had interest. City of Colleyville Page 4 Planning and Zoning Commission MinutesNovember 12, 2012 Commissioner Dudziak questioned staff regarding if any of this interest is going to move to the north, say in the Village development. Marty Wieder replied he is not sure about the retail moving north but stated that getting the Village filled will definitely help. Commissioner Wheelwright questioned staff regarding if over the years,have there been any increases in retail occupancies. Marty Wieder explained that it hasremained the same or decreased, in some ways. Commissioner Wheelwright stated that the Village exterior has filled up but the Village interior has remained unchanged or declined for retail. Marty Wieder explained that the Aviation business that is currently constructing in the Village will help with the daytime population which will in turn help retail. Discussion occurred with Commissioner Dudziak and staff regarding the Roanoke project. Commissioner Dudziak questioned staff regarding if there are any changes or additions that need to be included in the ordinance to help the development, like the Roanoke project. Marty Wieder replied that he was not sure that the same can be compared with the Village project. He added that hopefully the momentum will be there once the ends are filled in the Colleyville Plaza shopping center as well as with the opening of the Londoner. Discussion occurred between the Commissioners regarding the changing of the “NC” and “NG” areas. Commissioner Gotcher questioned staff regarding the maximum number of residents, could that be removed or raised? Ron Ruthven replied that it will be a challenge to reach the maximum of 200. Commissioner Gotcher questioned staff regarding if the maximum were removed, it will encourage a higher density. Ron Ruthven replied possibly. Commissioner Byerly stated that the 200 has no practical effect right now. Commissioner Davis questioned staff regarding why a cap was put in place in the first place. Ron Ruthven replied not knowing exactly other than to simply have one in place. Commissioner Dudziak replied that he agreed with removing the cap or putting a higher cap in place so that developers will know that the City will entertain a higher density. Commissioner Phelps questioned staff regarding if the Commission is granting City of Colleyville Page 5 Planning and Zoning Commission MinutesNovember 12, 2012 exclusive rights to this developer to build this type of residence. Commissioner Byerly explained that this will be on a first come first serve basis. Commissioner Phelps questioned the Commission regarding the cap, especially if the Commission wants higher density. Commissioner Byerly stated that the City wants more people with room for more retail and commercial, so that is why the caps are in place. Commissioner Phelps stated having concerns with the southern portion of the development backing up to the residential lots along Village Lane. Commissioner Byerlymoved to approve case ZC12-022 withthe following conditions: that the maximum number of sites with residential on the ground floor in the “NC” area will be 14 and the “NG” area will be 61 for a total of 75; that there be no ground floor residential on Main Street; that the minimum unit size is 1,000 square feet; that the minimum square feet on the ground floor residential is 1,500 square feet; and that the maximum 200 residential unit limitation be removed. Commissioner Davis seconded. Commissioner Phelps questioned Commissioner Byerly regarding the one-way street and the sidewalk. Commissioner Byerly stated he wants to leave those in the ordinance as written per staff’s recommendation. The motion to approve carried with the following vote: Aye: 6–Knox, Wheelwright, Gotcher, Davis, Phelps, and Byerly Nay: 1–Dudziak 6.ADJOURNMENT The meeting adjourned at 8:28p.m. Minutes were written and prepared by: Amy Shelley Community Development Coordinator The meeting minutes were approved on November 26, 2012by a vote of 7-0. City of Colleyville Page 6