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HomeMy WebLinkAboutPlanning and Zoning Commission-Minutes-1/28/2013 City of Colleyville City Hall Planning and Zoning 100 Main Street Colleyville, Texas 76034 Commission 817. 503.1000 www.colleyville.com Minutes Monday, January 28, 2013 City 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 January 28, 2013 at 7:05 p.m. Roll Call Present: Commissioners Larry Knox, Dave Dudziak, David Wheelwright, Don Davis, David Phelps, Jim Gotcher, and Jeff Byerly Staff Present: Ron Ruthven, Darren Cain, Taci Wrisley, Jeremy Hutt, Dale Crown, McKeown, and Ky Roby Invocation The invocation was given by Commissioner Gotcher. 1. APPROVAL OF MINUTES Commissioner Davis moved to approve the January 14, 2013 meeting minutes as corrected. Commissioner Wheelwright seconded. The motion to approve as corrected carried with the following vo Aye: 7 - Knox, Dudziak, Wheelwright, Gotcher, Davis, Phelps, and Byerly 2. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA There were no citizen comments/presentations regarding items not. 3. REGULAR AGENDA ITEMS 3a Approval of a final plat for 16.8 acres on Lot 1A, Block 1, of the River Valle Ranch Addition and Lot 1B1, Block 1, of the Tate Addition located in the 1200 block of Murphy Road, Case PC12-022 Ron Ruthven presented the case and briefed the Commissioners. City of Colleyville Page 1 Planning and Zoning Commission Minutes January 28, 2013 Commissioner Dudziak questioned staff if there was a rendering o space. Ron Ruthven replied the amenities were shown in the ordinance but there was not a rendering of the open space. Mark Harris, representing the applicant, came forward and briefe Commissioners. Commissioner Dudziak questioned Mr. Harris regarding the type of development would have. Mr. Harris replied it would be a retention pond/wet pond with a fountain. Commissioner Dudziak questioned staff regarding any time limits of a final plat from the time the zoning was put in place. Ron Ruthven replied no. Commissioner Dudziak questioned staff if this should be something to consider in the future. Ron Ruthven replied he would prefer not Discussion continued between Commissioner Dudziak and Ron Ruthve regarding time limits on zoning and plat cases. Commissioner Dudziak questioned staff regarding whether or not the citizens were re-notified of the public hearing. Ron Ruthven replied no. Commissioner Davis made a motion to approve case PC12-022. Commissioner Gotcher seconded. The motion to approve carried with the following vote: Aye: 7 Knox, Dudziak, Wheelwright, Gotcher, Davis, Phelps and Byerly 4. CONTINUED REGULAR AGENDA ITEMS 4a Consideration of a waiver request to the sidewalk requirements o Block 5, of the Chelsea Park Addition located at 1716 Glade Road, Case GC12- 026 Ron Ruthven presented the case and briefed the Commissioners. Judy Chappell, the property owner, came forward and briefed the Commissioners. Commissioner Davis questioned Mrs. Chappell regarding plans for swimming pool. Mrs. Chappell replied they were re-doing the pool. City of Colleyville Page 2 Planning and Zoning Commission Minutes January 28, 2013 Commissioner Byerly questioned Mrs. Chappell if this would be he home and if she was a home builder. Mrs. Chappell replied yes, this would be her personal home and her husband is a home builder. Commissioner Byerly questioned Mrs. Chappell when she purchased property. Mrs. Chappell replied at the end of 2012. Commissioner Wheelwright made a motion to approve case GC12-026 as requested. Commissioner Davis seconded. Commissioner Dudziak stated he believed there would eventually be atrail on Glade Road. However, the City would figure it out. He further stated the escrow is in place to develop the trail system and is required f He further explained he could not support the current motion. The motion to approve carried with the following vote: Aye: 4 Wheelwright, Gotcher, Davis and Phelps Nay: 3 Knox, Dudziak and Byerly 5. CONTINUED PUBLIC HEARING AGENDA ITEMS 5a Request for a zoning change from AG-Agricultural to PUDR on Tract 1A, Abstract 1732 of the S.C.H. Wilton Survey and Tract 4A1, Abstrac the D.R. Teeter Survey located at 2501 Cheek-Sparger Road, Case ZC12-029 Ron Ruthven presented the case and briefed the Commissioners. Commissioner Davis questioned staff regarding the location of the property owners who sent in letters of support and opposition. Ron Ruthven replied most of the letters in support have come from the Spring Garden Subdivision and a few from the Hills of Central Park. Commissioner Gotcher questioned staff regarding the number of le opposition and if a super majority vote would be required? Ron Ruthven replied that the numbers have not been calculated, however, there may be a super majority vote. Commissioner Phelps questioned staff regarding whether or not staff had the opportunity to look at the impact on drainage with the removal o detention/retention features. Ron Ruthven replied that a revised drainage plan had been submitted, and all drainage requirements must be met. He further explained that if onsite retention is needed, they will be required to address it. City of Colleyville Page 3 Planning and Zoning Commission Minutes January 28, 2013 The public hearing was reopened at 7:28 p.m. Jimmy Fechter and Bryan Adams, representing the applicant, came and updated the Commissioners. Commissioner Davis questioned Mr. Fechter regarding the composit fence on the north and the east sides of the development. Mr. F along the western boundary there would be a six foot concrete panel. He further explained the northern and eastern boundaries would remain the same composition but would be repaired. Discussion continued between Commissioner Davis, Mr. Fechter and Adams. Commissioner Phelps questioned Mr. Adams regarding how the garag be positioned. Mr. Adams replied some would be J-swing and others would be front entry. Commissioner Phelps questioned Mr. Fechter regarding what had ch that they would not need the detention/retention pond. Mr. Fechter replied they decided that it was feasible to tie into the drainage system at the future roundabout at Cheek-Sparger Road and Jackson Road. Discussion continued between Commissioner Phelps and Mr. Fechter regarding drainage. Discussion occurred between Commissioner Phelps and Mr. Fechter ding the sidewalk to the rear of Lots 9 and 10, and the concerns with the fence to the east of the sidewalk. Commissioner Gotcher questioned Mr. Fechter regarding the buffer between the existing subdivisions, and why they had not come back with a plan that reflected more R-20 sized lots? Mr. Fechter replied that although they did not bring R-20 sized lots back, they have added R-20 zoning attributes. Discussion continued between Commissioner Gotcher and Mr. Fechte regarding lot sizes and zoning requirements. Commissioner Dudziak questioned Mr. Fechter about the lot sizes original concept plan along the eastern border of the developmen versus the lot sizes on the new concept plan along the western border. Mr. Fechter replied they are the same size. Commissioner Byerly questioned Mr. Fechter regarding the distanc City of Colleyville Page 4 Planning and Zoning Commission Minutes January 28, 2013 space between the property lines on Lots 9 and 10, and the fence of the adjacent property. Mr. Fechter replied it is twenty-five feet. Commissioner Gotcher questioned Mr. Fechter regarding the existing mature trees on the lot. Mr. Fechter replied he did not feel there wou reason to remove any trees along the existing boundaries. Mr. Fechter further explained on Lots 5, 6, 7 and 8, trees may need to be removed near the right-of-way, but hopefully they would be able to work around them. Keith Squires, 3902 Saint James Court, spoke in opposition with regard to density, privacy, and the proposed trail. Edward Mackiewicz, 3957 Spring Garden Drive, spoke in support of this development. Gail Wheaton, 6979 Witten Drive, spoke in support of this develo Bill Marrin, 3960 Holiday Drive, spoke in support of this develo Henry Delcastillo Jr., 3980 Witten Drive, spoke in support of th development. Bob Hassett, 2500 Kensington Place, spoke in opposition with regard to density and privacy. George Naftis, 4101 Buckingham Place, spoke in opposition with r density, privacy and safety. There being no one wishing to speak, the public hearing was clos8:15 p.m. Mr. Fechter and Mr. Adams came forward to address any comments. Commissioner Phelps questioned Mr. Adams regarding whether or not Lot 9 was a single story structure. Mr. Adams replied yes, it will be a single story structure. Commissioner Phelps questioned Mr. Adams regarding which lots will have windows on the second stories. Mr. Adams replied on all lots, a, on the second story would face the street. Discussion continued between the Commissioners and Mr. Adams reg second story windows. Commissioner Dudziak questioned Mr. Fechter regarding the distan City of Colleyville Page 5 Planning and Zoning Commission Minutes January 28, 2013 the existing structure on the property to the east of Lots 9 and 10 and the proposed homes. Mr. Fechter replied there is between seventy and eighty feet. Commissioner Dudziak questioned Mr. Fechter regarding if the same were true for Lot 8, and the existing structure on the neighboring property? Mr. Fechter replied it is at sixty-five feet. Discussion continued between Commissioner Dudziak and Mr. Fechte regarding distances to existing structures on neighboring properties. Commissioner Byerly questioned staff regarding the minimum setba- 20 zoning. Ron Ruthven replied twenty-five feet. Commissioner Byerly questioned staff if the minimum setback requirement for Lot 8 and the requirements for no windows on the rear or side, on second stori included in the draft ordinance. Ron Ruthven replied only the r window requirements were noted. Commissioner Byerly further questioned if the requirement for trees thirty feet on center was also included. Ron Ruthven replied yes. Mr. Fechter presented several exhibits to the Commissioners to s existing screening on the property. Commissioner Dudziak questioned Mr. Adams regarding windows on the second stories. Mr. Adams replied there would be no windows on side elevations on any second story in the development. Commissioner Gotcher questioned Mr. Adams regarding the locationof second story bonus rooms on Lots 6, 7 and 8 and if the intent is to have the bonus room in the front of the home. Mr. Adams replied it may not str bonus room, but it would face to the front of the home. Commissioner Gotcher questioned Mr. Adams regarding whether or not Lots 1-5 would be single story. Mr. Adams replied some would be single story and some would not. He further explained the same rules would apply second story on these lots. Commissioner Dudziak questioned staff regarding how the drainage handled. Jeremy Hutt replied there would be a curb inlet that the developer would utilize. Discussion continued between Commissioner Dudziak and Jeremy Hut regarding drainage. Commissioner Gotcher made a motion to approve case ZC12-029 with the City of Colleyville Page 6 Planning and Zoning Commission Minutes January 28, 2013 conditions that Lots 6-10 be a minimum sixteen thousand square feet; Lots 6- 10 be single story, or if a second story is added, it must face the front of the house with no windows on rear or side elevations; and remove the trail, located to the rear of Lots 9 and 10, and move it to the front of these lots. Discussion occurred between the Commissioners regarding current The motion failed for a lack of a second. Commissioner Gotcher made a motion to deny case ZC12-029. The motion failed for a lack of a second. Commissioner Davis made a motion to approve case ZC12-029 with the conditions that Lots 6-10 be single story or if a second story is added, it must face the front of the house with no windows on rear or side elev remove the trail located to the rear of Lots 9 and 10, and move it the front of these lots. Commissioner Wheelwright spoke in favor of privacy and stated he transition was appropriate. Commissioner Dudziak stated the sidewalk added an additional buffer between the existing homes to the east and the proposed properties. He further stated these lots felt more like R-20 lots because of the sidewalk. The motion failed for a lack of a second. Commissioner Davis made a motion to approved case ZC12-029 with the conditions that if a second story is added, it must face the front of the house with no windows on rear or side elevations. Commissioner Byerly Commissioner Byerly stated the sidewalk made the open space more and made the development feel more like a community. Commissioner Byerly questioned staff regarding if the requirements for Lot 8 could be added to the draft ordinance. Ron Ruthven replied yes. Commissioner Byerly questioned Commissioner Davis if he would ac friendly amendment to add the requirements for Lot 8 to the motion. Commissioner Davis accepted. Commissioner Phelps stated that felt the development had an R-20 feel, and if it were zoned as a straight R-20, the development would not have the same amenities. City of Colleyville Page 7 Planning and Zoning Commission Minutes January 28, 2013 The motion to approve case ZC12-029 carried with the following conditions 1.) if a second story is added, it must face the front of the house with no windows on rear or side elevations; 2.) the minimum rear setback for Lot 8 shall be twenty-five foot: Aye: 6 Knox, Dudziak, Wheelwright, Davis, Phelps and Byerly Nay: 1 Gotcher 6. ADJOURNMENT The meeting adjourned at 8:41 p.m. The minutes were written and prepared by: Taci Wrisley Planning and Zoning Assistant The meeting minutes were approved on February 11, 2013 by a vote 6-0. City of Colleyville Page 8