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HomeMy WebLinkAboutPlanning and Zoning Commission-Minutes-5/24/2004 .~ Texas PLANNING AND ZONING COMMISSION MEETING MINUTES - May 24,2004 CALL TO ORDER Chairman Wall called the meeting to order at 7 p.m. ROLL CALL Commissioners Bruce Kelly, Jeff Byerly, Mark Jones, Earl Swift and Jeff Wall were present. Barry LeBaron and Jeff Jones from staff were present. Ross Foster, City Attorney was present. INVOCATION The invocation was given by Commissioner Kelly. APPROVAL OF MINUTES Commissioner Jones moved to approve the minutes of the April 26, 2004 meeting. Commissioner Swift seconded the motion. The motion passed by a unanimous vote. Commissioner Kelly moved to approve the minutes of the May 10, 2004 meeting. Commissioner Byerly seconded the motion. The motion passed by a unanimous vote. SWEARING IN OF NEWLY APPOINTED MEMBERS The Commission recessed the meeting for ten minutes to allow staff to prepare for the swearing in of the newly appointed members. Dave Dudziak took the oath of office as Planning and Zoning Commissioner for Place 5. Luann Edwards took the oath of office as Planning and Zoning Commissioner for Place 6. RECOGNITION OF OUTGOING MEMBERS Commissioner Jones was recognized for his service and tenure on the Planning and Zoning Commission. ELECTION OF OFFICERS Commissioner Swift nominated Jeffrey Wall as Chairman. There being no other nominations, Jeffrey Wall was elected Chairman by a unanimous vote. Commissioner Kelly nominated Jeff Byerly as Vice-Chairman, seconded by Commissioner Swift. Jeff Byerly was elected Vice-Chairman by a unanimous vote. Planning & Zoning Commission Minutes -May 24, 2004 Page 1 of 8 APPOINTMENTS TO THE PARK LAND DEDICATION COMMITTEE Commissioner Edwards and Commissioner Dudziak volunteered to serve on the Park Land Dedication Committee. Chairman Wall moved their nomination to the Committee, seconded by Commissioner Byerly. The appointments were approved by acclamation. CITIZEN COMMENTS None AGENDA ITEMS 1. Case Z-04-022 - PUBLIC HEARING - Special Use Permit for an accessory building on Lot 1, Block 1, Panno Addition, located at 308 Black Drive Barry LeBaron presented the case to the Commission and reviewed the staff briefing. He answered questions concerning the size and use of the building and construction requirements for accessory buildings. Robert Pan no, 308 Black Drive, applicant. He stated the upstairs area is the servant's quarters and the bottom floor would be used for an entertainment area for the pool area. Chairman Wall opened the public hearing. There being no one wishing to speak, Chairman Wall closed the public hearing. Commissioner Wall stated his concern is that the building could be used in the future as a house that may result in a request to create a flag lot. Chairman Wall asked what the maximum size allowed for an accessory building is on this lot. Mr. LeBaron advised that a one-acre lot allows a size of 1,750 square feet, but the maximum size of servant's quarters is 600 square feet. He stated the Special Use Permit ordinance could be divided to allow servants quarters on the upper floor, but that restriction would be very difficult to enforce. Commissioner Byerly asked what the access requirements are for a second floor. He stated that if a separate entrance were required from the outside it may reduce the possibility of using the entire building as a separate residence. Commissioner Dudziak stated that the design of the building makes it appear to be entirely used as living quarters. Kim Panno, applicant, stated the ground floor of the building will be used for exercise facilities, and the upper floor would be used by the nanny for living quarters at night. Planning & Zoning Commission Minutes -May 24, 2004 Page 2 of 8 Chairman Wall asked if the applicant would consider constructing an outside stairway to access the second floor. Robert Panno stated he would have his architect review the issue. Commissioner Byerly his concerns are the use by future owners and enforcement but not the applicant's proposed plans. Motion by Commissioner Byerly to table the special use permit request to allow the applicant to consider changes to the building related to access to each floor of the building. The motion was seconded by Commissioner Dudziak. The motion was approved by the following vote: Aye: Kelly, Swift, Byerly, Dudziak Nay: Wall, Edwards 2. Case Z-04-021 - PUBLIC HEARING - Zoning change from CC3 Highway Commercial to PUD-C Planned Unit Development Commercial on 3.235 acres located at 101 Cheek Sparger Road Barry LeBaron presented the case to the Commission and reviewed the staff briefing. Mr. LeBaron answered questions regarding the proposed use of the property, landscaping, and the future uses allowed by the proposed zoning. Joe Gordon, 6958 Royal Lane, Dallas, representing the applicant. He stated the plans are to improve the appearance of the buildings and convert the use. He stated that Blue Star Land originally owned the old Payless Store. He requested that the Commission approve a reduction of the landscaping requirement for the property based on the existing development and proposed renovation. He stated they will install the sidewalks as required, and modify the architectural style of the building next to Cheek Sparger Road. Commissioner Kelly asked what type of security entrances would be installed for the self storage units if the middle building were to include other businesses. Mr. Gordon stated they do not plan to provide security gates on the site. Commissioner Swift asked about the proposed lighting. Mr. Gordon stated the lights would be down-facing lighting attached to the building and would comply with City requirements. Commissioner Byerly asked if there are any proposed tenants for Building B. Mr. Gordon stated not at this time, and the building would be subdivided as needed for tenants. He stated there is a demand for this type of use in the area. Chairman Wall asked if there would be additional signs needed along the street frontage. Mr. Gordon stated they have signs proposed for the street and the buildings. Planning & Zoning Commission Minutes -May 24, 2004 Page 3 of 8 Commissioner Byerly asked if the project was economically feasible if the building adjacent to Cheek Sparger were removed from the property. Mr. Gordon stated no. Commissioner Dudziak asked how many storage units would be located in Building A. Mr. Gordon estimated there could be one-hundred units. Commissioner Swift asked how long Blue Star Land has been in business. Mr. Gordon stated about 10 years, and the company owns many commercial businesses, residential developments and self storage facilities. Chairman Wall asked if the developer would agree to disallow the land use "veterinarian office with kennels". Mr. Gordon stated they would likely accept that change. Commissioner Dudziak asked if the proposed ordinance would allow a manufacturing use in the building. Mr. LeBaron stated the CC2 and CC3 districts do not allow manufacturing uses. Chairman Wall opened the public hearing. Greg Howell, 104 Cheek Sparger Road. He stated is not opposed to the project but expressed concerns about additional traffic. Steve Knight, 3917 Felps Court. He asked what specific type of storage is proposed on the site, whether commercial or personal. He stated storage is an acceptable use for this area with limits on vehicle storage and times of access. Charles Primer, 207 West Greenbrier. He expressed concerns about continual access and the types of storage, but stated the development of the property is a good thing for the area. There being no one else wishing to speak, Chairman Wall closed the public hearing. Commissioner Edwards asked about the size of the units and what would be stored in the facility. Rusty Elliott, developer's representative, came forward to speak. He stated the sizes would range from 100 to 300 square feet, storing mostly goods from personal residences. He stated the larger spaces could hold a boat, and the larger building could hold recreational vehicles. Chairman Wall asked about the storage in the rear of Building B. He stated they were leaving it open depending on what the tenants may need in space. Commissioner Dudziak asked if the applicant had met with any of the surrounding residents. Mr. Elliott stated no. Commissioner Dudziak asked if they wanted signage on the west side of Building B and the front of Building A. Mr. Elliott stated they would like signs on the west side of the building and no signs are proposed on the front of Building A facing Cheek Sparger Road. Planning & Zoning Commission Minutes -May 24, 2004 Page 4 of 8 Chairman Wall asked if the fire sprinkler system would be reconstructed. Mr. Elliott stated they would upgrade the facility to meet current fire codes. Chairman Wall asked if time limits on access to Building B would be acceptable. Mr. Elliott stated they could consider working out some type of time schedule to keep the building from being used all day and all night. Chairman Wall asked if the applicant would be willing to eliminate the use "veterinarian clinic with kennels". Mr. Elliott stated they are acceptable to that change. Commissioner Dudziak asked if there would be any outside storage. Mr. Elliott stated no. Chairman Wall asked the fire marshal, Jeff Jones, about the proposed storage of vehicles and other items. Chief Jones stated the sprinkler system would be designed to address the most hazardous use in the building. He stated his concern about the use of fire lanes as parking for delivery vehicles. Commissioner Swift asked if Building C would be enclosed. Mr. Elliott stated yes. Mr. Gordon addressed the Commission to discuss the fire lane locations and modifications that may be made to allow for the parking of delivery vehicles. Commissioner Dudziak asked if the owners have studied whether the use of Building B would be better for retail if Building A were removed. Mr. Gordon stated they have not evaluated that issue. Commissioner Kelly stated there three issues that stand out for this development: the all- day and all-night access to the building, the lack of viability for Building B to generate sales tax revenue, and the lack of time for the new retail store to have a positive impact on the redevelopment of the property. Commissioner Edwards stated the development would generate some revenue and the development would at least improve the property. She stated the visibility of Building B is the developer's issue. She stated the layout of the site is not feasible to meet the landscaping requirement, and a reduction in the requirement may be appropriate. She stated she is comfortable with adding an hours of operation requirement. Commissioner Swift asked if the developer was amenable to providing security gates to limit access to the site. Mr. Elliott stated they would prefer to leave it open. Mr. Gordon stated there may be way to gate the property and still leave access to Building B. Chairman Wall stated that based on the discussions with the applicant, the ordinance should be modified to prohibit outside storage and veterinarian offices with kennels, and change Section 5 to read in part "consist of a solid screen of a row of evergreen shrubs". Commissioner Edwards stated the escrow option for sidewalks and trails should be removed since the applicant stated they would build the sidewalks. She stated that 10.4% landscaping is acceptable to her. Planning & Zoning Commission Minutes -May 24, 2004 Page 5 of 8 I f Commissioner Dudziak stated the applicant has not done enough research related to converting this site over to a retail site and that the property could be better used. Chairman Wall stated he would prefer to see the case go forward to the City Council rather than sending the request back to the applicant for a new proposal. Commissioner Edwards stated the PUD is advantageous to the city as it provides more control over what happens to the property in the future. Motion by Commissioner Edwards to approve the rezoning request to include the following changes: exclude veterinarian offices with kennels, state the specific landscaping requirement with reference to the drawing by the applicant, prohibit outside storage, restrict hours of operation from 6 a.m. to 10 p.m., add gating requirements, and remove the escrow requirement for the sidewalks. The motion was seconded by Chairman Wall. The motion failed by the following vote: Aye: Edwards, Wall Nay: Kelly, Swift, Byerly, Dudziak Commissioner Byerly stated the Commission is voting whether or not to allow storage on the entire site. He stated he would prefer to see the developer come up with something to make Building B viable for office showroom. Commissioner Dudziak stated the developer should study the issue of making Building B more viable for retail uses by providing more exposure from the street. Chairman Wall asked the developer is he would prefer the item be tabled for further study or have the Commission make a recommendation on the case tonight. Mr. Gordon stated they would prefer tabling to restudy the issue. Motion by Commissioner Edwards to table the rezoning request. The motion was seconded by Commission Swift. The motion was approved by the following vote: Aye: Kelly, Swift, Byerly, Dudziak, Edwards, Wall Nay: None The Commission recessed the meeting for a five-minute break. 3. Case G-04-015 - Consider recommendation of the Master Plan update to the City Council Barry LeBaron stated the current draft of the master plan contains the comments and revisions from the May 13 Commission workshop. He stated there are few maps to be added to the document, but it is generally complete. Planning & Zoning Commission Minutes -May 24, 2004 Page 6 of 8 Chairman Wall stated the draft has been in development for 18 months, multiple meetings were held with the six different neighborhood areas in the city, contracted with two private planning consultants for special studies on Colleyville Boulevard and Precinct Line Road, and hired the University of North Texas to conduct a city-wide telephone survey. He stated 26 meetings were held overall with citizen groups, and several more workshops with staff. He complimented staff and particularly Barry LeBaron with the preparation of the draft and numerous revisions. Chairman Wall stated the document captures the concerns of the citizens, such as economic development, neighborhood integrity, roads and drainage. He stated he would like to see the plan sent forward to the City Council for their consideration. Commissioner Swift stated that much study has been done and complimented staff on the preparation of the document. He stated he would like to see the draft presented to the City Council as written. Commissioner Kelly stated the support from staff was tremendous during this process. He stated that everything possible was done to make this process citizen-driven, and he is proud of how it was conducted. Commissioner Edwards stated she would like to have some time to take a look at it but appreciates the fact that a lot of work has already gone into the document. Commissioner Dudziak stated he has looked at the document and would like to review it. He asked the Commission to table action on the case as it would give him and Commissioner Edwards ownership in the plan as it moves forward. Commissioner Byerly complimented staff on the preparation of the document. He stated it would be beneficial to let the new commissioners take a look at the document. He stated the Commission has also discussed having a public hearing on the plan and that idea is worthy of discussion. Commissioner Swift stated he is not in favor of another public hearing, but is comfortable with taking two weeks to allow the new commissioners to review and comment. Commissioner Byerly asked for discussion about having a public hearing. Mr. LeBaron stated that the City Council is required by the city charter to have a public hearing, but the Planning and Zoning Commission may have a hearing at their own discretion. Commissioner Kelly stated the Commission could have a work session next week and then bring the plan back on the next agenda for action. By acclamation, the Commission agreed to have a work session on the master plan update on June 7,2004. 4. Staff Comments, Reports and Discussion Items: None Planning & Zoning Commission Minutes -May 24, 2004 Page 7 of 8 5. Commissioners' Comments and Reports Chairman Wall welcomed Luann Edwards and Dave Dudziak to the Planning and Zoning Commission. Chairman Wall announced his resignation from the Planning and Zoning Commission and read a statement to the other Commission members and city staff. Commissioners Swift, Byerly, and Kelly complimented Jeff Wall on his leadership, professionalism, conduct and service on the commission. ADJOURNMENT The Commission adjourned the meeting at 9:55 p.m. by acclamation. Respectfully Submitted, J~~dAICP Development Coordinator Approved on: June 14, 2004 Note: As a matter of public record, an audio recording of this Planning and Zoning Commission meeting is available upon request. Planning & Zoning Commission Minutes -May 24, 2004 Page 8 of 8