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HomeMy WebLinkAboutPlanning and Zoning Commission-Agenda Packets-10/28/2013 City of Colleyville City Hall Planning and Zoning 100 Main Street Colleyville, Texas 76034 Commission 817. 503.1000 www.colleyville.com Agenda Monday, October 28, 2013 City Council Chambers PRE COMMISSION MEETING 6:15 P.M. EXECUTIVE CONFERENCE ROOM THIRD FLOOR LEGAL BRIEFING BY CITY ATTORNEY REGARDING PLANNING, ZONING, PLATTING, AND LAND USE REVIEW OF REGULAR AGENDA ITEMS AND DISCUSSION OF PREVIOUS MEETING MINUTES DISCUSSION OF ITEMS TO BE PLACED ON FUTURE AGENDAS AND UPDATES ON DEVELOPMENT TRENDS, PROGRESS AND CITY COUNCIL ACTIONS ON PAST AGENDA ITEMS 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 7:00 P.M. - REGULAR MEETING CALL TO ORDER AND ROLL INVOCATION: Commissioner Gotcher PLEDGE OF ALLEGIANCE 1. APPROVAL OF MINUTES October 14, 2013 2. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA AS A PUBLIC HEARING ITEM 3. SWEARING IN OF NEWLY APPOINTED MEMBER Don Davis, Place 6 City of Colleyville Page 1 Planning and Zoning Commission Agenda October 28, 2013 4. REGULAR AGENDA ITEMS 4a Consideration of a waiver request to the sidewalk requirements o 7, Block 1, of the Redus Addition located at 4509 Bowman Drive, Case GC13-019 4b Approval of a final plat for 13.63 acres out of the Elizabeth Cox Survey, John H. Havens Survey and the Jesse Doss Survey located the 4900 block of Heritage Avenue, Case PC13-010 4c Approval of a final plat for 11.875 acres on Abstract 65 of the H.L. Allen Survey and Abstract 798 of the J. Harrell Survey, located at 6816 Murphy Road, Case PC13-023 5. PUBLIC HEARING AGENDA ITEMS 5a Request for a zoning change from R-40 Single Family Residential to R-20 Single Family Residential on 2.547 acres of Lot B1A, A1B, B3 and B2 Block 4, of the W. C. Newton Subdivision, located at 708 W. L. D. Lockett Road, Case ZC13-015 6. ADJOURNMENT I hereby certify this agenda was posted on City Hall bulletin boards October 25, 2013 by 5:00 p.m. Taci Wrisley Planning and Zoning Assistant A quorum of the Colleyville City Council may be in attendance at Any matter on this agenda may, at the discretion of the governinody, be opened for public comment and discussion. If you plan to attend this public meeting and have a disability accommodations, please advise the City Secretary at least 48 hours in advance at 817.503.1133, and reasonable accommodations will be made to assist you. City of Colleyville Page 2 City of Colleyville City Hall Planning and Zoning 100 Main Street Colleyville, Texas 76034 Commission 817. 503.1000 www.colleyville.com Minutes Monday, October 14, 2013City Council Chambers CALL MEETING TO ORDER The Planning and Zoning Commission meeting of the City of Colleyville was called to order by Chairman Byerlyon October 14, 2013 at 7:05p.m. Roll Call Present: CommissionersLarry Knox, David Wheelwright, Jim Gotcher and Jeff Byerly Absent: Commissioners Don Davis and David Phelps Staff Present:Ron Ruthven, Taci Wrisley, Dale Crown, Rob McKeown, Marty Wieder, and Matt Butler (City Attorney) 1.APPROVAL OF MINUTES Commissioner Wheelwright made a motion to approve the minutes as amended. Commissioner Gotcherseconded. The motion to approve the minutes as amended carried by the following vote: Aye: 4–Knox, Wheelwright, Gotcher, and Byerly 2.SWEARING IN OF NEWLY APPOINTED MEMBERS Taci Wrisley swore in newly appointed members Carel Tornes, Place 5 and Larry Knox, Place 7. 3.ELECTION OF OFFICERS Commissioner Gotcher made a motion to elect Chairman Byerly as Chairman, Commissioner Knox as Vice-Chairman, and Taci Wrisley as Recording Secretary. Commissioner Wheelwright seconded. The motion to elect Chairman Byerly as Chairman, Commissioner Knox as Vice-Chairman, and Taci Wrisley as Recording Secretary carried with the following vote: Aye: 5 -Knox, Tornes, Wheelwright, Gotcher, and Byerly City of Colleyville Page 1 Planning and Zoning Commission Minutes October 14, 2013 4.CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA AS A PUBLIC HEARING ITEM There were no citizen comments/presentations regarding items not on the agenda as a public hearing item. 5.REGULAR AGENDA ITEMS 5aApproval of apreliminary plat for53.2 acres on Tract 1G, Abstract 1038 of the Hall Medlin Survey and Tracts 1A02 & 1C, Abstract 295 of the William E Crooks Survey located at 7612 & 7624 Pleasant Run Road, Case PC13-020 Ron Ruthven presented the case and briefed the Commission. Commissioner Knox questioned staff regarding whether the developer was requesting any waivers with this plat. Ron Ruthven replied no. Craig Mallard, on behalf of the developer, came forward and briefed the Commission. Commissioner Wheelwright questioned Mr. Mallard regarding the open space that was offered to the City. Mr. Mallard replied he did not believe that the City accepted their offer of the open space. Mr. Mallard further explained that part of their trail on the North end of the property would be public access; however, the remainder of the open space would be private. Commissioner Tornes questioned Mr. Mallard regarding Lot 1 and Lot 2 being in the 100 Year Flood Plain. Mr. Mallard replied the lots would be built up during construction to remove them from the flood plain. Commissioner Knox made a motion to approve Case PC13-020. Commissioner Wheelwright seconded. The motion to approve Case PC13-020 carried with the following vote: Aye: 5 -Knox, Tornes, Wheelwright, Gotcher, and Byerly 5bApproval of a minor plat for3.02 acres on Tract 2B, of Abstract328of theSimon CotrailSurvey, located at5016 Montclair Drive, Case PC13-022 Ron Ruthven presented the case and briefed the Commission. Nelson Mitchell, the property owner, came forward to answer any City of Colleyville Page 2 Planning and Zoning Commission Minutes October 14, 2013 questions. Commissioner Gotcher made a motionto approve Case PC13-022. Commissioner Tornes seconded. The motion to approve Case PC13-022 carried with the following vote: Aye: 5 -Knox, Tornes, Wheelwright, Gotcher, and Byerly 6.PUBLIC HEARING AGENDA ITEMS 6aRequest for a zoning change from R-40 Single Family Residential to PUD-R-Residential on 15.4 acres of Lot 1, Block 1 of the Breezy Lake Estates, Lots 1A and 1B, Block 1 of the Meadowlake Addition and Tract 2B, McNary Acres Addition located at 1117, 1121 and 1217 W. L. D. Lockett Road and a portion of Lot 1, Block 1 of the Bear Valley Community Church Addition located at 7900 Precinct Line Road, Case ZC13-014 Commissioner Wheelwright recused himself from this item. Ron Ruthvenpresented the case and briefed the Commission. Commissioner Tornes questioned staff regarding what is just to the South of this property? Ron Ruthven replied there is a retention pond that belongs to the neighboring subdivision as open space. The public hearing was opened at 7:28 p.m. Curtis Young, on behalf of the Sage Group, came forward and introduced the developer. Kosse Maykus, on behalf of Hat Creek Development, came forward and briefed the Commission. Commissioner Tornes questioned Mr. Maykus regarding the gated secondary entrance to the development. Mr. Maykus replied the secondary gated entrance is to allow a second point of ingress and egress for emergency personnel and a second point of egress for residents only. He further explained the residents would not be able to enter the development from this gated access point. Commissioner Byerly questioned Mr. Maykus regarding the discrepancy on the documents provided to the Commission and the presentation regarding lot width sizes. Mr. Maykus clarified that the lot width sizes would be 60 foot and 74 foot. City of Colleyville Page 3 Planning and Zoning Commission Minutes October 14, 2013 Commissioner Tornes questioned Mr. Maykus regarding where the property lines for Heron Pond and Reatta Placewould be. Mr. Maykus replied the property lines for Heron Pond would back up to the existing property lines of Reatta Place. Robert Nelson, 5522 Texas Trail, came forward and spoke in opposition. Jarrod Upton, 5604 Texas Trail, came forward and spoke in opposition. Bruce Mills, 5509 Texas Trail, came forward and spoke in opposition. Kelly Smith, 5704 Texas Trail, came forward and spoke in opposition. Craig Walter, 5910 Crescent Way, came forward and spoke in support. Krystle Joyner located at 5514 Texas Trail, Karen Belford located at 5700 Texas Trail, and Christopher Belford located at 5700 Texas Trail all wished to record their opposition butdid not wish to speak. There being no one else wishing to speak, the public hearing was closed at 8:05 p.m. Mr. Maykus came forward and addressed comments and concerns. Commissioner Tornes questioned Mr. Maykus regarding tree preservation along W. L. D. Lockett Road. Mr. Maykus replied they would go to the site with their surveyor and flag where the sidewalk will be constructed in order to save as many trees as possible. He further explained their processes for tree preservation. Commissioner Tornes questioned Mr. Maykus regarding drainage on the Southeast side of the property. Mr. Maykus replied there is no way drainage from their development would affect Reatta Place. He further explained he was confident there would be no drainage issues from this development. Chairman Byerly questioned Mr. Maykus regarding whether any open space was lost with the discrepancythat was discussed previously. Mr. Maykus replied no. Discussion occurred between Chairman Byerly, Ron Ruthven, Mr. Young, and Mr. Maykus to clarify lot width sizes. Commissioner Tornes questioned Mr. Maykus regarding the number of floor plans that were proposed for this development. Mr. Maykus City of Colleyville Page 4 Planning and Zoning Commission Minutes October 14, 2013 replied they have some ideas but have not developed the floor plans yet. Commissioner Tornes questioned Mr. Maykus regarding his willingness to limit the number of windows on second story homes. Mr. Maykus replied that while hedid not see many second story homes going into this development, he would compromise and limit the number of windows allowed on the lots on the Eastern side of the development, if any second story homes were built there. Commissioner Tornes questioned staff regarding the ability to work with the Texas Department of Transportation to configure the light that will be installed at W. L. D. Lockett Road and Precinct Line Road. Ron Ruthven replied yes. Chairman Byerly stated this was a very good transitional development and would be happier with a development like the proposed development versus commercial. Commissioner Gotcher echoed Chairman Byerly. Commissioner Tornes stated as long as the windows were limited on the second story homes, the traffic light was addressed, the drainage was addressed properly, and trees were preserved he felt the development would reflect the country feel the residents love. Commissioner Knox echoed Commissioner Tornes. Chairman Byerly made a motion to approve Case ZC13-014 with the following conditions: (1) The minimum lots widths shall apply: Planning Area A -74 feet, Planning Area B –60 feet (2) Homes in Planning Area A shall contain no more than three 2nd story windows on the rear of the home (3)A minimum of two, three (3) inch caliper trees shall be planted in the front yard of every home in the development (4)For Planning Area A, the following setbacks shall apply in addition to the other setback requirements: Side yard –7 feet, Rear yard –30 feet. Commissioner Gotcherseconded. Commissioner Gotcher questioned Mr. Maykus regarding the developer’s agreement to not interfere with the Bear Valley Church’s baseball field. Mr. Maykus replied the development will not be interfering with the baseball fields because their open space lot is adjacent to the baseball fields and there will be no amenities in this space and is not fenced in. The motion to approve Case ZC13-014with the following conditions: (1) The minimum lots widths shall apply: Planning City of Colleyville Page 5 Planning and Zoning Commission Minutes October 14, 2013 Area A -74 feet, Planning Area B –60 feet (2) Homes in Planning Area A shall contain no more than three 2nd story windows on the rear of the home (3) A minimum of two, three (3) inch caliper trees shall be planted in the front yard of every home in the development (4) For Planning Area A, the following setbacks shall apply in addition to the other setback requirements: Side yard –7 feet, Rear yard –30 feet carried with the following vote: Aye: 4 -Knox, Tornes, Gotcher, and Byerly 7.ADJOURNMENT The meeting adjourned at 8:45 p.m. The minutes were written and prepared by: Taci Wrisley Planning and Zoning Assistant The meeting minutes were approved on October 28, 2013 by a vote of________. City of Colleyville Page 6 BOWMAN HERITAGE OAKS R POST SROBERT PRESTWICK DR ROSSGATE CIR EC HERITAGE OAKS R POST SROBERT PRESTWICK DR ROSSGATE CIR EC WHITTIER LN ST MORITZ PKW HANDEL ZERMATT CT ALPINE LN MONET HERBERT RD RENOIR WHITTIER LN ST MORITZ PKW HANDEL ZERMATT CT ALPINE LN MONET HERBERT RD RENOIR Revised Preliminary Plat AGANRD COUNTRY WAY RIE RDW AGANRD COUNTRY WAY RIE RDW AGANRD COUNTRY WAY RIE RDW Statement of Planning Objectives ORDINANCEO-13-xxxx AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AS HERETOFORE AMENDED; BY AMENDING THE OFFICIAL ZONING MAP AND CHANGING THE ZONING ON 2.5 ACRESON LOT B1A, A1B, B3 ANDB2 BLOCK 4,OF THEW. C.NEWTON SUBDIVISION,FROM THE R40-SINGLE FAMILY RESIDENTIALTO THE R20-SINGLE FAMILY RESIDENTIALDISTRICT; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE;ANDPROVIDING AN EFFECTIVE DATE WHEREAS,the City of Colleyville has received an application for rezoning under Case ZC13-015; and WHEREAS,the City of Colleyville deems it necessary, for the purpose of promoting the health, safety, morals, or general welfare of the City to enact a new zoning ordinance; and WHEREAS,the City Council has appointed a Planning and Zoning Commission to recommend the boundaries of the various original zoning districts and appropriate regulations be enforced therein and to recommend a new zoning ordinance; and WHEREAS,the Planning and Zoning Commission has divided the City into districts and has prepared regulations pertaining to such districts in accordance with a comprehensive plan designed to lessen congestion in the streets; and to secure safety from fire, panic, and other dangers; to promote health, general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements; and WHEREAS,the Planning and Zoning Commission, has given reasonable considerationto, among other things, the character of the districts and their peculiar suitability for particular uses, with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the City; and Ordinance O-13-xxxx Page 2of 3 WHEREAS,the Planning and Zoning Commission of theCity of Colleyville and the City of Colleyville City Council, in compliance with the Charter of the City of Colleyville, and State Law with reference to changes to zoning classifications under the Zoning Ordinance Regulations and Zoning Map, having given the requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all theproperty owners generally, and to the persons interested and situated in the affected area and in the vicinity thereof, the governing body of the City of Colleyville is of the opinion that said change in zoning should be made. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1.THAT all the foregoing premises and findings are found to be true and correct and are incorporated into the body of this ordinance as if copied in their entirety. Sec. 2.THAT the Comprehensive Zoning Ordinance of the City of Colleyville, Texas, be, and the same is hereby amended by changing the zoning of 2.5acreson Lot B1A, A1B, B3 and B2 Block 4,of theW. C.Newton Subdivision,from the R40-Single Family Residentialzoning district to the R20-Single Family Residentialzoning district, asdepictedin the attached Exhibit “A”. Sec. 3.THAT the above described tract of land shall be used only in the manner and for the purposes provided by the Comprehensive Zoning Ordinance of the City of Colleyville as heretofore amended, and as amended herein. Sec. 4.THAT any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Colleyville, and upon conviction shall be punishable by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for eachoffense. Sec. 5.THAT ifany section, paragraph, subdivision, clause, phrase or provision of this ordinance shall be judged invalid or unconstitutional, the same shall not affect the validity of this ordinance as a whole or any portion thereof other than that portion so decided to be invalid or unconstitutional. Ordinance O-13-xxxx Page 3of 3 Sec. 6.THAT inaddition to and accumulative of all other penalties, the City shall have the right to seek injunctive relief for any and all violations of this ordinance. THAT it has been found that there has been a change in Sec. 7. conditions in the above described property, it is now necessary that it be given the above zoning classification in order to permit its proper development and in order to protect the public interest, neral welfare, and requires that this ordinance comfort and ge shall take effect immediately from and after its passage. AND IT IS SO ORDERED. th The first reading and public hearing being conducted on the 19day of November2013. rd day of The second reading and public hearing being conducted on the 3 December2013. PASSED AND APPROVED by the City Council of the City of Colleyville, Texas, on this the ___________ day of _______________________ 2013. ATTEST:CITY OF COLLEYVILLE Amy Shelley, TRMC David Kelly City SecretaryMayor APPROVED AS TO FORMAND LEGALITY: Matthew C. G. Boyle City Attorney Exhibit“A”-Location and Zoning Map