Loading...
HomeMy WebLinkAboutPlanning and Zoning Commission-Minutes-6/23/2014 City of Colleyville Planning and Zoning Commission Minutes City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com Monday, June 23, 2014 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 June 23, 2014 at 7:28 p.m. Roll Call Present: Commissioners Larry Knox, Carel Tornes, David Wheelwright, Jim Gotcher, Don Davis, David Phelps, and Chairman Byerly Staff Present: Ron Ruthven, Taci Wrisley, Rob McKeown, Marty Wieder, Dale Crown, Adam Marsh and Matthew Boyle (City Attorney) 1. APPROVAL OF MINUTES Commissioner Knox made a motion to approve the minutes as written. Commissioner Davis seconded. The motion to approve the minutes as written carried by the following vote: Aye: 7– Knox, Tornes, 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 on the agenda as a public hearing item. 3. REGULAR AGENDA ITEMS 3a Approval of a revised preliminary plat for the Creekside at Colleyville Addition located on 110 acres between Glade Road, Heritage Avenue and Cheek-Sparger Road, Case PC14-011 Ron Ruthven presented the case and briefed the Commission. Commissioner Phelps questioned staff regarding was the intent of the revision to re-number the phases of this development. Ron Ruthven replied correct. City of Colleyville Page 1 Planning and Zoning Commission Minutes June 23, 2014 Jay Volk, on behalf of the applicant, was available for questions. Commissioner Tornes made a motion to approve Case PC14- 007. Commissioner Phelps seconded. The motion was amended to approve Case PC14-011. The amendment was accepted by Tornes and Phelps. The motion to approve Case PC14-011 carried by the following vote: Aye: 7– Knox, Tornes, Wheelwright, Gotcher, Davis, Phelps, and Byerly 3b Approval of a final plat for Phase Two of the Creekside at Colleyville Addition located at 2800 Heritage Avenue, Case PC14-007 Ron Ruthven presented the case and briefed the Commission. Jay Volk, on behalf of the applicant, was available for questions. Commissioner Phelps made a motion to approve Case PC14- 007. Commissioner Gotcher seconded. The motion to approve Case PC14-007 carried by the following vote: Aye: 7– Knox, Tornes, Wheelwright, Gotcher, Davis, Phelps, and Byerly 4. PUBLIC HEARING AGENDA ITEMS 4a Consideration of an amendment to the PUDC-Planned Unit Development Commercial zoning requirements on Lots 1 and 2, Block 1, of the Pecan Gardens Addition located at 6220 and 6226 Colleyville Boulevard, Case ZC14-008 Ron Ruthven presented the case and briefed the Commission. The public hearing was opened at 7:38 p.m. Tom Adair, the applicant, came forward and briefed the Commission. Commissioner Tornes questioned Mr. Adair regarding whether the proposed buildings would look like the other buildings in the office park. Mr. Adair replied yes. City of Colleyville Page 2 Planning and Zoning Commission Minutes June 23, 2014 There being no one else wishing to speak, the public hearing was closed at 7:40 p.m. Commissioner Knox made a motion to approve Case ZC14-008. Commissioner Davis seconded. The motion to approve Case ZC14-008 carried by the following vote: Aye: 7– Knox, Tornes, Wheelwright, Gotcher, Davis, Phelps, and Byerly 4b Consideration of a zoning change from the R-20 Single Family Residential zoning district to the PUDC-Planned Unit Development Commercial zoning district on 1.36 acres of Lots 1 and 2, Block 1, of the Sunrise Terrace Addition located at 1105 Glade Road, Case ZC14- 009 Ron Ruthven presented the case and briefed the Commission. Commissioner Phelps questioned staff regarding whether the model ordinance for developments on this site or the surrounding sites proposed two story structures. Ron Ruthven replied no. He further explained it did not restrict them either. Commissioner Tornes questioned staff regarding what other options the applicant had on placement of the dumpster. Ron Ruthven replied they would have to relocate it somewhere else on the property. He further explained this would most likely require the loss of some parking. The public hearing was opened at 7:48 p.m. Matt Moore, on behalf of the applicant, came forward and briefed the Commission. Commissioner Gotcher questioned Mr. Moore regarding if the relocation of the dumpster to the east property line was an option. Mr. Moore replied yes. Commissioner Tornes questioned Mr. Moore regarding whether the applicant would be willing to plant more trees along the southern property line. Mr. Moore replied he would consult with his landscape architect but did not believe it would be an issue to plant more trees. Chairman Byerly questioned Mr. Moore regarding the second story of City of Colleyville Page 3 Planning and Zoning Commission Minutes June 23, 2014 the office building and what is the distance from the southern property line and the second story. Mr. Moore replied the second story is proposed at the front half of the building and is closer to Glade Road versus the residential properties. Mr. Moore stated the second story is approximately 90 to 100 feet away from the southern property line. Gerald Ward, the project architect, came forward to answer questions. Commissioner Tornes questioned Mr. Ward regarding the second story windows. Mr. Ward replied the windows would be much like the windows in the conceptual plans the Commission had been given. Commissioner Phelps questioned Mr. Ward regarding what the driving force is behind the second story and what types of occupants are anticipated in these buildings. Mr. Ward replied the first building would be owner occupied by Graham Hart Home Builder and the other was targeted for professional office space. Mr. Ward also explained the driving force behind the second story was to create an impact along Glade Road moving away or towards Colleyville Boulevard. Commissioner Wheelwright questioned Mr. Ward regarding the shared screening wall on the southern property line. Mr. Ward replied they have had discussions with the neighbors and are willing to work with them. He further explained the existing fence will need to be raised two feet (2’). Commissioner Tornes questioned Mr. Moore and Mr. Ward regarding whether planting larger caliper trees could be considered. Mr. Moore replied yes. Commissioner Wheelwright questioned Mr. Ward regarding what type of lighting would be used. Mr. Ward replied they will used landscape and building mounted lighting. He further explained there will be no parking lot lighting. Mark Howe, 3100 Carisbrooke Court, came forward and spoke in support of this case. There being no one else wishing to speak, the public hearing was closed at 8:02 p.m. The public hearing was reopened at 8:03 p.m. to allow more speakers. City of Colleyville Page 4 Planning and Zoning Commission Minutes June 23, 2014 Becky Freeman, 1112 Jo Carol Lane, came forward and spoke in opposition. Lisa Peterson, 1104 Jo Carol Lane, came forward and spoke in opposition. Amy Pitman, on behalf of 1117 Glade Road, came forward and spoke in opposition. The following wished to record their opposition but did not wish to speak: Darla Payriot, 1101 Jo Carol Lane James MacKay, 1104 Jo Carol Lane Loralei Peterson, 1104 Jo Carol Lane Amy Edgell, 1116 Jo Carol Lane Ursula Holland, 1100 Jo Carol Lane Axel M. Holland, 1100 Jo Carol Lane Charles Cunningham, 1101 Jo Carol Lane There being no one else wishing to speak, the public hearing was closed at 8:21 p.m. Mr. Moore came forward to address comments and concerns. Commissioner Gotcher asked Ms. Lisa Peterson, 1104 Jo Carol Lane, to come back to the podium to answer a few questions. Commissioner Gotcher questioned Ms. Peterson regarding what the main objection to the second story for her is. Ms. Peterson replied the windows of the proposed building and her privacy. Commissioner Davis questioned Ms. Peterson regarding if she would have any objection to the case if the building looked like the other commercial buildings in the area, if the building were moved to the back of lot and the parking to the front, and if the building were only one (1) story. Ms. Peterson replied she would not have any objections. Commissioner Tornes questioned Ms. Peterson regarding if she would be more accepting of the second story if more trees were planted and larger trees were planted. Ms. Peterson replied it will take time for those trees to grow in order to not be able to see into her backyard. Ms. Peterson further explained she was open to the discussion of City of Colleyville Page 5 Planning and Zoning Commission Minutes June 23, 2014 more trees and larger trees. Commissioner Phelps questioned staff regarding whether the Glade Road improvement have been taken into consideration for this development design. Ron Ruthven replied City Council has not approved a design for Glade Road, however, Glade Road is on the Master Thoroughfare Plan as an arterial and requires 95 feet of right- of-way. He further explained because the property in question is redeveloping, they will need to replat the property and will be required to provide the required right-of-way at that time. Commissioner Phelps stated he would concur with the citizens’ concerns. He further expressed this location is a transitional area and this design does not fit in a transitional area. Commissioner Phelps questioned Mr. Moore and Mr. Ward regarding some of the concerns regarding Glade Road improvements, building design, and the removal of windows along the Southside of the building. Mr. Moore replied after working with staff for several months they believe they had the best design they could come up with. Mr. Ward replied windows are preferred in office spaces. He further explained they are willing to plant larger caliper trees in order to provide for more privacy. Commissioner Tornes questioned Mr. Ward regarding the location of air conditioning units. Mr. Ward replied the units would be screened and would be rooftop units. He further explained they would not be visible from the ground. Commissioner Davis questioned staff regarding whether a traffic study had been performed for the intersection of Glade Road and Bedford Road. Ron Ruthven replied no. Chairman Byerly questioned staff regarding whether the building would have to meet the visibility triangle in the Land Development Code. Ron Ruthven replied the currently surpasses meeting the visibility triangle. Chairman Byerly questioned staff regarding the required right-of-way and whether there will be plenty of room for the proposed development design. Ron Ruthven replied yes, there is room for this development even when Glade Road is improved. Chairman Byerly questioned staff regarding the applicant’s options for the dumpster if the variance was not granted for the rear setback. City of Colleyville Page 6 Planning and Zoning Commission Minutes June 23, 2014 Ron Ruthven replied the only location the dumpster would be allowed in would be along the eastern property line. Chairman Byerly questioned staff regarding whether dumpsters were optional. Ron Ruthven replied they are not required. He further explained the applicant has the option to use the smaller roll away trash receptacles. Commissioner Tornes questioned Mr. Moore regarding whether a one story was completely out of the question. Mr. Moore replied he would have to consult with his client. He further explained moving to a one story could affect the economics of the project. Shawn Goff, President and managing member of Graham Hart Home Builder and Bayley Yandell Development, came forward to address Commission questions. Commissioner Wheelwright questioned Mr. Goff regarding whether redesigning the proposed building was an option in order to make the buildings look more residential. Mr. Goff replied he was not opposed to going back and taking a look at the design. He further explained the intent of the proposed design was to create a landmark look and Class A in nature. Commissioner Wheelwright stated the current design seemed to be more fitting for Colleyville Boulevard. Commissioner Phelps questioned Mr. Moore regarding how they wished to move forward. Mr. Moore replied they wished to continue in order to allow time to come up with a new design. Commissioner Phelps made a motion to continue Case ZC14- 009 to the July 14, 2014 Planning and Zoning Commission meeting. Commissioner Gotcher seconded. Commissioner Tornes questioned Mr. Moore regarding whether there was enough time between now and the next Planning and Zoning Commission meeting to prepare another design. Mr. Moore replied he did not believe so. Discussion continued amongst staff and the Commission regarding moving the case forward. Chairman Byerly stated he felt the applicant had a good plan and would like to act on the case at the current meeting. City of Colleyville Page 7 Planning and Zoning Commission Minutes June 23, 2014 Commissioner Gotcher stated he echoed Chairman Byerly but he is concerned about the development of Glade Road. Discussion continued regarding the proposed plan. The motion to continue Case ZC14-009 to the July 14, 2014 Planning and Zoning Commission meeting carried by the following vote: Aye: 4 – Knox, Wheelwright, Davis, and Phelps Nay: 3 – Tornes, Gotcher, and Byerly 4c Consideration of a zoning change from the CN – Neighborhood Commercial zoning district to the PUDC-Planned Unit Development Commercial zoning district and a consideration of a Special Use Permit for on-premise consumption of alcoholic beverages on 2.5 acres of Lots 10R and 11R, Block 1, of the Andy Felps Addition located at 125 Acuff Lane, Cases ZC14-010 and ZC14-011 Chairman Byerly recused himself from this case. Commissioner Knox led the meeting in Chairman Byerly’s absence. Ron Ruthven presented the case and briefed the Commission. Commissioner Tornes questioned staff regarding the adjacent properties to the west of the proposed development. Ron Ruthven replied there are various uses on the properties to the west, including commercial and single family residential uses. He further explained all but one of the properties have existing structures. The public hearing was opened at 8:56 p.m. Don Hennig, the applicant, came forward and briefed the Commission. Commissioner Wheelwright questioned Mr. Hennig regarding proposed times and noise. Mr. Hennig replied they would comply with the city noise ordinances. Commissioner Tornes questioned Mr. Hennig regarding the possibility of simultaneous events. Mr. Hennig replied there is a possibility of simultaneous events, up to two events. Commissioner Tornes questioned Mr. Hennig regarding the reason behind the landscape variance. Mr. Hennig replied they would like to preserve as much of the existing, natural landscape as possible. City of Colleyville Page 8 Planning and Zoning Commission Minutes June 23, 2014 Commissioner Phelps questioned Mr. Hennig regarding the use of the amphitheater. Mr. Hennig replied the amphitheater would be used for ceremonies only. He further explained all other activities would be held indoors. Gerald Ward, the architect for the project, came forward to address questions regarding building design. Commissioner Davis questioned Mr. Ward regarding whether the amphitheater would have an open roof. Mr. Ward replied there will be a cover over the amphitheater, in case of inclement weather. Commissioner Tornes questioned Mr. Hennig regarding how the sale of alcohol would be managed. Mr. Hennig replied they would have licensed bartenders. Discussion continued between the Commission and Mr. Hennig regarding how alcohol would be served. Matt Moore, the engineer for the project came forward to address questions regarding drainage. Commissioner Gotcher questioned Mr. Matt Moore regarding the drainage plan for this development. Mr. Matt Moore replied the drainage for this development is still being evaluated. Commissioner Phelps questioned Mr. Ward regarding whether any thought had been given to a second point of access to the facility. Mr. Ward replied given the fact that they are somewhat land locked, they felt the current design was the safest. Stein Baughman, 3914 Felps Drive, came forward and spoke in opposition. Michael Hinkle-Morrison, 4012 Felps Drive, came forward and spoke in opposition. Phil Crombie, 128 Acuff Lane, came forward and spoke in opposition. Joe Moore, 133 Acuff Lane, came forward and spoke in opposition. D. G. Howell, 104 Cheek-Sparger Road, came forward and spoke in opposition. Mimi Byerly, the property owner, came forward and spoke in support. City of Colleyville Page 9 Planning and Zoning Commission Minutes June 23, 2014 Jim French, 4100 Felps Drive & 107 Acuff Lane, came forward and spoke in opposition. Patty Baughman, 3914 Felps Drive, came forward and spoke in opposition. Keith Estes, 3910 Felps Drive, came forward and spoke in opposition. The following wished to record their opposition but did not wish to speak: Tommy and Cindy McDowell, 128 Cheek-Sparger Road and Syed Fateh Hyder, 4008 Felps Drive. There being no one else wishing to speak, the public hearing was closed at 9:34 p.m. Mr. Hennig, Mr. Ward, and Mr. Matt Moore came forward to address comments and concerns. Commissioner Knox questioned Mr. Ward regarding the possibility of reconfiguring the driveway. Mr. Ward replied due to the configuration of the surrounding properties and the subject property, however the driveway is configured, it will affect someone. Discussion occurred regarding detention and erosion control during construction. Commissioner Gotcher questioned Mr. Ward regarding the eight foot (8’) masonry fence and were they open to making the fence more aesthetically pleasing. Mr. Ward replied they are open to making the fence more aesthetically pleasing, however the Land Development Code requires masonry between commercial and residential. Commissioner Tornes questioned Mr. Hennig regarding the direction of traffic leaving the facility. Mr. Hennig replied they will have their on-site security guards directing traffic back to Colleyville Boulevard. He further explained this will keep traffic out of the neighborhood. Discussion occurred regarding noise being limited to 10:00 p.m. regardless of the hours of operation. Commissioner Tornes questioned Rob McKeown, the fire marshal, regarding having only one point of access. Rob McKeown stated he had previously communicated with the applicant that he would like to City of Colleyville Page 10 Planning and Zoning Commission Minutes June 23, 2014 see a stub-out to an adjacent property. He further explained he believes there needs to be a second point of access. Discussion occurred regarding the possibility of a second point of access. Commissioner Phelps questioned Dale Crown, the City’s project engineer, regarding whether it is possible to restrict drainage from going onto a property. Dale Crown replied no. Discussion continued regarding drainage from the site. Commissioner Tornes questioned Mr. Matt Moore regarding his thoughts on the Fire Department issues pertaining to the one point of access. Mr. Moore replied widening the driveway seemed to be the most feasible. He further explained another option would be to try to obtain an access easement from an adjacent property. Commissioner Phelps questioned staff regarding whether the Commission has the flexibility to restrict outdoor activity to a specific time. Ron Ruthven replied yes. Commissioner Phelps questioned Mr. Hennig regarding whether they would accept a restricted outdoor activity time. Mr. Hennig replied yes. Commissioner Tornes questioned staff regarding whether the Commission should require the Fire Department requirements as part of their motion. Ron Ruthven replied he would caution against requiring access through another property. Commissioner Wheelwright stated he has various issues with the development with regard to traffic, noise, and the types of events to be held at this facility. Commissioner Phelps stated the development was more attractive than an office park but still has many issues. Commissioner Davis stated any type of commercial use allowed on this property would have the same issues that have been discussed with this case. Commissioner Phelps made a motion to approve Cases ZC14- 010 and ZC14-011 with the following conditions: 1) All outdoor operations shall cease no later than 9:00 p.m. 2) The City of Colleyville Page 11 Planning and Zoning Commission Minutes June 23, 2014 main entrance from Acuff Lane shall be redesigned based on the recommendations of the Fire Marshal in order to maximize emergency access 3) The applicant shall perform a preliminary drainage analysis of the larger area with any potential area drainage issues and impacts from the proposed development identified. Commissioner Davis seconded. Commissioner Wheelwright questioned staff regarding whether the property was in compliance with the existing zoning. Ron Ruthven replied no. Discussion occurred amongst the Commission and staff regarding the commercial screening requirements. The motion to approve Cases ZC14-010 and ZC14-011 with the following conditions: 1) All outdoor operations shall cease no later than 9:00 p.m. 2) The main entrance from Acuff Lane shall be redesigned based on the recommendations of the Fire Marshal in order to maximize emergency access 3) The applicant shall perform a preliminary drainage analysis of the larger area with any potential area drainage issues and impacts from the proposed development identified carried by the following vote: Aye: 4 – Knox, Tornes, Davis, and Phelps Nay: 2 – Wheelwright and Gotcher 4d Request for an amendment to the Special Use Permit provisions authorizing alcoholic beverage sales for off-premises consumption on Lot 7a, Block 2, Village Park Addition located at 4801 Colleyville Blvd and authorizing alcoholic beverage sales for on-premises consumption on Lots 1R1, 4, 5a, 6a, 7a and 9R, Block 2, Village Park Addition located at 4701, 4709, 4717, 4725, 4801 and 4843 Colleyville Blvd, Case ZC14-014 Ron Ruthven presented the case and briefed the Commission. Chairman Byerly questioned staff regarding was the request specific to mulch and what was defined as mulch. Ron Ruthven replied yes. He further explained sod, grass, and mulch are materials that may be used. Commissioner Tornes questioned staff regarding whether the landscape plan had been approved prior to the remodeling of the parking lot areas. Ron Ruthven replied yes. He further explained the original, approved landscape plan depicted Bermuda grass as the material to be used in the beds. City of Colleyville Page 12 Planning and Zoning Commission Minutes June 23, 2014 The public hearing was opened at 10:13 p.m. Bevin Prater, Brinkman came forward to brief the Commission. Scott Woodruff, Centennial Real Estate, was also present to answer any questions. Commissioner Phelps stated he thought river rock would be just as hot as the concrete. Commissioner Tornes stated he felt that if a different type of rock were used it would give the parking lot some contrast. There being no one else wishing to speak, the public hearing was closed at 10:20 p.m. Commissioner Davis questioned staff regarding the sequence of events that led up to the need to request an amendment to this Special Use Permit. Ron Ruthven replied upon inspection of the site it was discovered the river rock did not meet the approved landscape plan. Chairman Byerly questioned staff regarding whether mulch was allowed in some areas or none at all. Ron Ruthven replied mulch is allowed, especially at the base of trees. Discussion occurred regarding how the river rock did not match the vision of the development. Scott Woodruff, came forward to explain why river rock was chosen as the ground cover versus grass. Commissioner Gotcher questioned Ms. Prater regarding whether he had considered any of the other options that are allowed by the Land Development Code. Ms. Prater explained the other options were subject to disease, insects, and difficult to keep alive. Commissioner Phelps questioned Ms. Prater regarding what the particular stone was that has been chosen for this development. Ms. Prater replied Brazos. Commissioner Wheelwright stated he concurred with Commissioner Tornes, this particular cover looks like additional concrete. Chairman Byerly questioned staff regarding what the requirements were per parking lot island. Ron Ruthven replied the requirement is City of Colleyville Page 13 Planning and Zoning Commission Minutes June 23, 2014 one (1) tree per island. Discussion continued regarding the requirements. Commissioner Phelps made a motion to approve Case ZC14- 014 with the following conditions: 1) The rock material used for the landscape bed in the parking lot islands shall be “Texas Brazos Native River Rock” and 2) The landscaping shall be consistent to the landscape plan relative to the parking lot islands. Commissioner Davis seconded. Commissioner Wheelwright stated the proposed plan looks like what the shopping center previously looked like. The motion to approve Case ZC14-014 with the following conditions: 1) The rock material used for the landscape bed in the parking lot islands shall be “Texas Brazos Native River Rock” and 2) The landscaping shall be consistent to the landscape plan relative to the parking lot islands carried by the following vote: Aye: 4 – Tornes, Davis, Phelps, and Byerly Nay: 3 – Knox, Wheelwright, and Gotcher 5. ADJOURNMENT The meeting adjourned at 10:48 p.m. The minutes were written and prepared by: Taci Wrisley Planning and Zoning Assistant The meeting minutes were approved on July 14, 2014 by a vote of 7-0. City of Colleyville Page 14