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HomeMy WebLinkAboutPlanning and Zoning Commission-Minutes-11/10/2014 City of Colleyville Planning and Zoning Commission Minutes City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com Monday, November 10, 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 November 10, 2014 at 7:12 p.m. Roll Call Present: Commissioners Larry Knox, Carel Tornes, David Wheelwright, Jim Gotcher, Don Davis, David Phelps, and Jeff Byerly Staff Present: Ron Ruthven, Taci Wrisley, Rob McKeown, Marty Wieder, Adam Marsh, and Matt Butler (City Attorney) 1. APPROVAL OF MINUTES Commissioner Davis made a motion to approve the minutes as corrected. Commissioner Tornes seconded. The motion to approve the minutes as corrected carried by the following vote: Aye: 6 – Knox, Tornes, Wheelwright, Davis, Phelps, and Byerly 2. SWEARING IN OF NEWLY APPOINTED MEMBERS Taci Wrisley swore in Jeff Byerly, Place 2; David Wheelwright, Place 3; and David Phelps, Place 4 3. ELECTION OF OFFICERS Commissioner Tornes made a motion to nominate Chairman Jeff Byerly as chairman, Commissioner David Phelps as vice-chairman, and Taci Wrisley as recording secretary. Commissioner Wheelwright seconded. The motion to nominate Jeff Byerly as chairman, David Phelps as vice-chairman, and Taci Wrisley as recording secretary carried by the following vote: Aye: 6– Knox, Tornes, Wheelwright, Davis, Phelps, and Byerly 4. APPOINTMENT TO THE PARKLAND DEDICATION COMMITTEE City of Colleyville Page 1 Planning and Zoning Commission Minutes November 10, 2014 Commissioner Davis made a motion to appoint Commissioner David Wheelwright to the Parkland Dedication Committee. Commissioner Phelps seconded. The motion to appoint Commissioner David Wheelwright to the Parkland Dedication Committee carried by the following vote: Aye: 6– Knox, Tornes, Wheelwright, Davis, Phelps, and Byerly 5. 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. 6. PUBLIC HEARING AGENDA ITEMS 6a Consideration of a zoning change from the AG-Agriculture zoning district to PUDR-Planned Unit Development zoning district on 11.22 acres of Abstract 1034, of the G. W. Minter Survey, Lot 1, Block A, of the Twin Oak Estates Addition, and Lot 1, Block 1, of the Hartley Addition, located at 5205, 5207, 5303, 5309, 5311, 5313, and 5317 Roberts Road, Case ZC14-019 Ron Ruthven presented the case and briefed the Commission. The public hearing was opened at 7:26 p.m. Pat Atkins, the applicant, came forward and briefed the Commission. Commissioner Davis questioned Mr. Atkins regarding whether there would be any type of screening along the boundary that is shared with the school. Mr. Atkins replied there would be an alley that is open to the school yard and a board on board fence for each single family residence. Discussion continued regarding the configuration of the alley and driveways. Commissioner Davis questioned Mr. Atkins regarding whether calculations had been done for the lighting on the football field. Mr. Atkins replied no calculations have been performed for this particular development. He further explained the potential builders for this development did not believe the lighting would be an issue. City of Colleyville Page 2 Planning and Zoning Commission Minutes November 10, 2014 Chairman Byerly questioned Mr. Atkins regarding how wide the proposed alley would be and could two (2) cars pass each other. Mr. Atkins replied it is 18 feet of right-of-way with 16 foot of pavement. Mr. Atkins also explained residents who are used to an alley service know to pull off to the side to allow others to pass. Commissioner Tornes questioned Mr. Atkins regarding why the open space was not closer to 20 percent. Mr. Atkins replied the property does not have a natural need for open space. He further explained he felt open space was driven for drainage or other topographical conditions. Commissioner Phelps questioned Mr. Atkins regarding whether there were any accommodations within the design to allow for guest parking. Mr. Atkins replied the streets are public and parking would be allowable on both sides of the street. Commissioner Phelps questioned Mr. Atkins regarding the sidewalk access points and what would they look like. Mr. Atkins replied there would be fencing on both sides of the sidewalks. Commissioner Wheelwright questioned Mr. Atkins regarding the statement from the Statement of Planning Objectives pertaining to substandard uses. Mr. Atkins replied he believes the conditions of the current buildings and residences on the subject properties are substandard and are not in compliance with city codes or plans. There being no one else wishing to speak, the public hearing was closed at 7:48 p.m. Commissioner Phelps questioned staff regarding who was responsible for building the screening wall between the new residential development and the existing institutional use. Ron Ruthven replied the residential builder would not be responsible for building the screening wall. He further explained the residential builder could be required to build the screening wall as part of the Planned Unit Development ordinance. Commissioner Tornes questioned the fire marshal regarding whether the fire department would be able to access the alley and would a fire truck be able to drive between vehicles parked on both sides of the street. Rob McKeown replied the fire department would not consider the alley to be an apparatus access road. He further explained he did not think there would be any issues with getting a fire truck through the street with vehicles parked on both sides. City of Colleyville Page 3 Planning and Zoning Commission Minutes November 10, 2014 Chairman Byerly questioned staff regarding whether there were requirements in the city codes for alleys. Ron Ruthven replied there are minimum standards in the Land Development Code and the proposed development does meet the minimum standards. Discussion continued regarding minimum standards for alleys. Commissioner Davis questioned staff regarding whether the applicant was aware of how conflicting the proposed development is with the Land Development Code. Ron Ruthven replied staff has informed the applicant of all requirements. Commissioner Davis made a motion to deny Case ZC14-019. Commissioner Byerly seconded. Chairman Byerly stated there were too many variances being requested. Commissioner Phelps concurred with Chairman Byerly. Discussion occurred between the Commission and the applicant regarding the possibility of tabling the case. The motion to deny Case ZC14-019 carried by the following vote: Aye: 6– Knox, Tornes, Wheelwright, Davis, Phelps, and Byerly 6b Consideration of a Special Use Permit for an accessory building on Lot 2, Block 3, of the Quail Crest Estates Addition, located at 3512 Meadowlark Lane, Case ZC14-022 Ron Ruthven presented the case and briefed the Commission. Commissioner Phelps questioned staff regarding whether a different roof design would eliminate the need for a variance on height. Ron Ruthven replied correct. Commissioner Tornes questioned staff regarding if the proposed square footage included the square footage of the existing building. Ron Ruthven replied correct. Chairman Byerly questioned staff regarding whether the proposed square footage included the open patio on the front of the proposed structure and could the patio be used as a carport. Ron Ruthven the open patio is included in the proposed square footage and a Special City of Colleyville Page 4 Planning and Zoning Commission Minutes November 10, 2014 Use Permit would be required to use the patio as a carport. Discussion continued regarding the possibility of the patio being used as a carport. Commissioner Wheelwright questioned staff regarding the square footage: 1900 including the covered patio or 1200 without. Ron Ruthven replied correct. Commissioner Tornes questioned staff regarding whether there was a second story. Ron Ruthven replied no. The public hearing was opened at 8:10 p.m. Terry Muno, the homeowner, and Rick LeBeau, the contractor, came forward and briefed the Commission. Commissioner Wheelwright questioned Mr. Muno regarding whether there would be a second story. Mr. Muno replied no. Discussion continued regarding aesthetics of the proposed building. Commissioner Davis questioned Mr. Muno regarding if the building would be used solely for his personal cars. Mr. Muno replied yes. Commissioner Tornes questioned Mr. Muno regarding whether there would be any trees to buffer noise. Mr. Muno replied yes. Discussion continued regarding tree surrounding the building. Commissioner Byerly questioned staff regarding at what point the covered patio becomes a carport. Ron Ruthven explained the definition of a carport. Commissioner Phelps stated he could support the request if the covered patio was removed. There being no one else wishing to speak, the public hearing was closed at 8:16 p.m. Commissioner Wheelwright concurred with Commissioner Phelps. Commissioner Tornes questioned staff regarding the process for receiving a Special Use Permit for a carport. Ron Ruthven replied the applicant would need to apply for a separate Special Use Permit. City of Colleyville Page 5 Planning and Zoning Commission Minutes November 10, 2014 Discussion continued among the Commission regarding the accessory building. Commissioner Phelps made a motion to approve Case ZC14- 022 with the following conditions: 1) bring roof pitch into compliance and 2) remove covered patio. Commissioner Tornes seconded. The motion to approve Case ZC14-022 with the following conditions: 1) bring roof height into compliance and 2) remove covered patio Aye: 6– Knox, Tornes, Wheelwright, Davis, Phelps, and Byerly 6c Consideration of a Special Use Permit for on-premises consumption alcoholic beverage sales on Lot 1R1, Block 2, of the Town Center Colleyville Addition, located at 1205 Church Street, Case ZC14-023 Ron Ruthven presented the case and briefed the Commission. Commissioner Phelps questioned staff regarding the proposed hours of operation and does the city have a guideline for hours of operation. Ron Ruthven replied no. He further explained businesses may choose to go by the state’s maximum for hours of operation. The public hearing was opened at 8:28 p.m. Alan Frank, representative, came forward and briefed the Commission. Commissioner Wheelwright questioned Mr. Frank regarding whether there would be a full-service bar in the restaurant. Mr. Frank replied yes. Commissioner Davis questioned Mr. Frank regarding whether there would be a bar area. Mr. Frank replied there will be chairs along the bar but not a bar area. There being no one else wishing to speak, the public hearing was closed at 8:32 p.m. Commissioner Tornes made a motion to approve Case ZC14- 023. Commissioner Davis seconded. The motion to approve Case ZC14-023 carried by the following vote: City of Colleyville Page 6 Planning and Zoning Commission Minutes November 10, 2014 Aye: 6– Knox, Tornes, Wheelwright, Davis, Phelps, and Byerly 6d Consideration of a zoning change from the CC-2 Shopping Center zoning district to the PUD-C-Planned Unit Development-Commercial zoning district on 1.94 acres of Abstract 352, of the Elizabeth Cox Survey, located at 5200 State Highway 121, Case ZC14-024 Ron Ruthven presented the case and briefed the Commission. Commissioner Phelps questioned staff regarding the parking requirement and how the required number of spaces were calculated. Ron Ruthven explained the process for calculating parking spaces according to the Land Development Code. Discussion continued regarding parking requirements. Commissioner Tornes questioned staff regarding whether staff was recommending denial on the tree preservation waiver. Ron Ruthven replied correct. Discussion continued regarding options for the applicant regarding tree preservation and mitigation. Chairman Byerly questioned staff regarding the front setback of the hotel and the front setback of the adjacent building. Ron Ruthven replied the adjacent building is closer than 40 foot to the property line and the hotel would sit back two foot (2’) further than the adjacent building. Discussion occurred regarding the contents of the proposed ordinance. Commissioner Tornes commented that based on the landscape plan there would not be much mitigation according to what was being planted. The public hearing was opened at 8:58 p.m. Matt Cragan, representative, came forward and briefed the Commission. Commissioner Wheelwright questioned Mr. Cragan regarding the number of parking spaces. Mr. Cragan replied they were proposing 96 parking spaces. Commissioner Tornes questioned Mr. Cragan regarding the entrances City of Colleyville Page 7 Planning and Zoning Commission Minutes November 10, 2014 to the hotel. Mr. Cragan replied the entrances were at the front of the building and at the rear, no side entrances. Chairman Byerly questioned Mr. Cragan regarding whether there would be an airport shuttle for this hotel. Mr. Cragan replied there are plans to have this type of service. Commissioner Wheelwright questioned Mr. Cragan regarding the percentage of guest who travel to the hotel by car. Mr. Cragan replied they anticipate approximately 70 percent to travel by car. Commissioner Wheelwright questioned Mr. Cragan regarding the height and was it required per the brand of the hotel. Mr. Cragan replied due to the layout of the lot, they opted to add another floor. Commissioner Tornes questioned Mr. Cragan regarding whether there was an option to plant more trees in the green space in front of the proposed hotel. Mr. Cragan replied it would require approval from the Texas Department of Transportation. Commissioner Phelps questioned Mr. Cragan regarding whether they had attempted to secure property from the adjacent property to the North. Mr. Cragan replied yes but they were unsuccessful. Chairman Byerly questioned Mr. Cragan regarding whether there was potential for the hotel to be at full occupancy. Mr. Cragan replied it would have to be for something such as a large scale event. Jeff Lowry, on behalf of 121 Compadres Ltd., came forward and spoke in opposition. There being no one else wishing to speak, the public hearing was closed at 9:16 p.m. Mr. Cragan came forward to address comments and concerns. Commissioner Davis questioned Mr. Cragan regarding what other options were there if access were not allowed by the adjacent property owners. Mr. Cragan replied he would need to look at the mutual access agreement. Ron Ruthven also replied because the property is platted and shows the mutual access agreement, access cannot be denied. Commissioner Tornes questioned staff regarding whether the hotel could obtain a shared parking agreement with the school. Ron City of Colleyville Page 8 Planning and Zoning Commission Minutes November 10, 2014 Ruthven replied it is a possibility. Commissioner Wheelwright questioned Mr. Cragan regarding whether proximity to restaurants and other hotels are considered when searching for a potential site. Mr. Cragan replied yes. Discussion occurred regarding fire safety and the mutual access easement. Commissioner Phelps questioned Mr. Cragan regarding whether there was a possibility of having less rooms. Mr. Cragan replied he did not know. He further explained the proposed plan is what was approved by Hampton Inn. Discussion continued regarding the proposed number of rooms. Chairman Byerly made a motion to approve Case ZC14-024 with the recommendations from staff. Commissioner Phelps seconded. The motion to approve Case ZC14-024 with the recommendations from staff carried by the following: Aye: 6– Knox, Tornes, Wheelwright, Davis, Phelps, and Byerly 6e Consideration of a zoning change from the AG-Agricultural zoning district to the PUD-R-Planned Unit Development-Residential zoning district on 2.62 acres of Abstract 1034, of the G. W. Minter Survey, located at 5017, 5113, & 5201 Roberts Road, Case ZC14-025 Ron Ruthven presented the case and briefed the Commission. The public hearing was opened at 9:36 p.m. Charles Starnes, the applicant, came forward and briefed the Commission. Gary Lecocq, 5113 Roberts Road, came forward and spoke in support. There being no one else wishing to speak, the public hearing was closed at 10:12 p.m. Commissioner Wheelwright questioned staff regarding how the open space is calculated. Ron Ruthven replied the open space is determined by the gross acreage. City of Colleyville Page 9 Planning and Zoning Commission Minutes November 10, 2014 Commissioner Phelps questioned staff regarding whether right-of-way dedication was included in the open space calculation. Ron Ruthven replied no. Commissioner Phelps questioned staff regarding whether it would be possible to front ten (10) single family residences along Roberts Road. Ron Ruthven replied yes. Discussion continued regarding the possibility of fronting single family residences along Roberts Road. Chairman Byerly stated fronting the residences along Roberts Road was ideal for this transitional area. Commissioner Phelps questioned Mr. Starnes regarding whether he was opposed to redesigning the development to front the residences along Roberts Road. Mr. Starnes replied he was accepting of the idea. Chairman Byerly made a motion to deny Case ZC14-025. Commissioner Davis seconded. The motion to deny Case ZC14-025 carried by the following vote: Aye: 6– Knox, Tornes, Wheelwright, Davis, Phelps, and Byerly 7. ADJOURNMENT The meeting adjourned at 10:26 p.m. The minutes were written and prepared by: Taci Wrisley Planning and Zoning Assistant The meeting minutes were approved on December 8, 2014 by a vote of ________. City of Colleyville Page 10