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HomeMy WebLinkAboutPlanning and Zoning Commission-Minutes-7/12/2004 .~ Texas PLANNING AND ZONING COMMISSION MEETING MINUTES - July 12, 2004 CALL TO ORDER Chairman Byerly called the meeting to order at 7:00 p.m. INSTALLATION OF NEW MEMBERS Mr. Thomas Dolan and Mr. Denis Duffy took the oath of office and were seated as new members to the Planning and Zoning Commission ROLL CALL Commissioners Jeff Byerly, Thomas Dolan, Dave Dudziak, Denis Duffy, and Luann Edwards were present. Barry LeBaron and Clayton Husband from staff were present. Ross Foster, City Attorney was present. Commissioners Bruce Kelly and Earl Swift were absent. INVOCATION The invocation was given by Commissioner Edwards. APPROVAL OF MINUTES Commissioner Edwards requested the minutes in the future reflect responses to questions asked by a Commissioner. Commissioner Dudziak requested a correction to the fourth paragraph on page four to add the words "lack of planning for" regarding the higher density areas. Commissioner Dudziak moved to approve the minutes of the June 28, 2004 meeting with the corrections noted. Commissioner Edwards seconded the motion. The motion passed by a unanimous vote. ELECTION OF VICE-CHAIRMAN Commissioner Dudziak nominated Luann Edwards. Nomination was seconded by Commission Dolan. There being no other nominations, Commissioner Edwards was elected vice-chairman by the following vote: Aye: Byerly, Edwards, Dolan, Dudziak, Duffy Nay: None CITIZEN COMMENTS None Planning & Zoning Commission Minutes -July 12, 2004 Page 1 of 6 AGENDA ITEMS 1. Case P-04-025 - PUBLIC HEARING -Replat of Lots 1R1 and 3, Block 1, Redus Addition, 6.09 acres located at 4502 Bill Simmons Road Clayton Husband presented the case to the Commission and reviewed the staff briefing. Commissioner Duffy asked about the effect of the Commission's recommendation regarding the waiver for perimeter street improvements. Staff indicated that the decision to approve the waiver request is a decision of the City Council. Chairman Byerly opened the public hearing. There being no persons to speak, the public hearing was closed. Motion by Commissioner Edwards to approve the replat. The motion was seconded by Commissioner Byerly. The motion was approved by the following vote: Aye: Byerly, Edwards, Dolan, Dudziak, Duffy Nay: None 2. Case P-04-026 -Final Plat of Warwick Parc Phase I, 22.26 acres located at 909 John McCain Road Barry LeBaron presented the case to the Commission and reviewed the staff briefing. Commissioner Edwards asked if there are any provisions for temporary connections between the two streets. Staff advised that the Land Development Code requires a temporary connection, but Phase Two of the development is under review and a temporary connection will not be necessary. Commissioner Duffy asked if all the streets will connect to the Cottonbelt Trail. Staff indicated the development includes a southern street connection that provides access to the trail. Commissioner Dudziak asked if there is a time limit for making a temporary connection. Staff stated that before building permits are issued, the second phase would have to be constructed or a temporary connection installed. Commissioner Edwards asked if this would be a gated development. Staff stated the plat shows the streets as being public streets. The applicant was requested to come forward to speak. Mr. John Fegan, 1303 Bellefonte, Colleyville, the developer, spoke regarding the open space areas at the entry to the development. He stated that there are almost two acres at the southern end of the development with a pond for detention. He referenced the adjacent property, which he proposes to develop, which would include an open space and park area and possibly an historic barn structure. Commissioner Dudziak expressed concern over the labeling of the detention lots as open space. Planning & Zoning Commission Minutes -July 12, 2004 Page 2 of 6 Commissioner Edwards asked for clarification of park land and open space in the development of the master plan update. Staff stated that these two items were separated in the tables in the master plan. Motion by Commissioner Byerly to approve the final plat. The motion was seconded by Commissioner Edwards. Commissioner Dudziak asked why the detention facilities were located adjacent to John McCain Road. Staff stated that the area adjacent to John McCain Road was the low end of this property and it drained to the north. Commissioner Duffy stated that open space should not be considered the same as detention areas. The motion was approved by the following vote: Aye: Byerly, Edwards, Dolan, Dudziak, Duffy Nay: None 3. Case Z-04-025- PUBLIC HEARING - Amendment to Ordinance 0-95-987, the PUD-R for 6.93 acres located at 7171 Colleyville Boulevard Clayton Husband presented the case to the Commission and reviewed the staff briefing. Staff advised the Commission that this property was zoned a PUD-C in 1995 and the case being considered is a request to amend the site plan and the list of permitted uses. Commissioner Edwards asked if the request includes drive through windows for restaurants. Staff stated that restaurants with drive through windows are allowed by right in the proposed ordinance. Chairman Byerly asked if the SUP for alcohol sales covered the entire site or was limited to the lot where the restaurant was proposed. Staff stated the alcohol SUP covered the entire site. Commissioner Duffy asked if the fire lane and fire sprinkler issues had been resolved. Staff stated that the applicant had met with the Fire Chief to modify the fire lane location and was made aware of the building separation requirements and fire sprinkler regulations. Commissioner Duffy asked about the intersection at Longwood and SH26. Staff indicated no changes to the intersection are proposed for this development. David McMahan, 726 Commerce, South lake, the applicant, came forward to speak and to answer questions. Mr. McMahan stated that he has been working with TXDOT regarding the redesign of the Longwood intersection. He also stated that the alcohol SUP could be limited to lots one and two. Commissioner Edwards asked if the applicant would have a problem increasing the design score to 35 points for the project under the Colleyville design guidelines. Mr. McMahan explained the basic design concepts of the project and did not see a problem meeting the design requirements. Commissioner Dudziak asked if gasoline sales would be allowed within this PUD. Staff stated that gasoline sales would require an additional SUP. Planning & Zoning Commission Minutes -July 12, 2004 Page 30f6 Chairman Byerly opened the public hearing. Gabriel Krikorian, 7008 Cole Court. He spoke in opposition to the sale of alcohol at the restaurant. Tony Hampton, 2200 Danielle Drive. He stated he is opposed to a restaurant at this site. Craig Wozniak, 7004 Coleman Court. He expressed concern over the location of the emergency access for the fire department and the plans for the drainage on the property. Mr. Wozniak opposed the sales of alcohol. Darren Lee, 7005 Cole Court. He expressed concern over the sales of alcoholic beverages, not wanting a sports bar, and that a restaurant would bring evening traffic, whereas an office development would not. Gary Fick, 2217 Danielle Drive. He stated his opposition due to the alcohol sales and the traffic issues associated with left turns from State Highway 26. Michelle Hudak, 7004 Cole Court. She stated she is opposed to the sales of alcohol on the property. Barbara Wallis, 2212 Danielle Drive. She stated she is opposed to the request due to the traffic and the sales of alcohol beverages. There being no others to speak, the public hearing was closed. Chairman Byerly asked the applicant to come forward to answer questions. David McMahan stated that the alcohol SUP could be requested in the future and he would not be opposed to deleting that from the request. He stated they are working with TXDOT to make improvements to the Longwood intersection. He stated the emergency access would be a locked gate and only used by the fire department. He stated the current zoning allowed the property to be entirely used for retail uses and thought the proposal would be a much better situation. Commissioner Dudziak asked what the development schedule was. The developer stated that he proposed to get started immediately with the office portion of the project. Commissioner Dudziak asked if the developer had met with any of the neighbors. The developer stated he had not. Commissioner Edwards stated she would like to see the design score points increased to 35. She also stated that alcohol sales should be limited to lots one and two. She stated that alcohol sales are needed for economic development. She stated she would be in favor of tabling this item to allow the developer to prepare elevation drawings. Commissioner Dudziak stated that he had received considerable input from citizens in the neighborhood regarding fast food restaurants or convenience stores. He also stated that he favored tabling this item to allow the developer to meet with the neighbors. Planning & Zoning Commission Minutes -July 12, 2004 Page 4 0(6 Motion by Commissioner Edwards to table the request. The motion was seconded by Commissioner Dudziak. The motion was approved by the following vote: Aye: Byerly, Edwards, Dolan, Dudziak, Duffy Nay: None 4. Case Z-04-021 - TABLED ITEM - Zoning change from CC3 Highway Commercial to PUD- C Planned Unit Development Commercial on 3.235 acres located at 101 Cheek Sparger Road Motion by Commissioner Edwards to remove this item from the table. The motion was seconded by Commissioner Byerly. The motion was approved by the following vote: Aye: Byerly, Edwards, Dolan, Duffy Nay: Dudziak Staff presented a brief update regarding the status this rezoning request. Mr. Joe Gordon, Royal Lane, Dallas, Texas, representing Blue Star, the applicant, came forward to speak. Mr. Gordon presented a revised site plan and explained the changes from the previous submittal. Mr. Gordon stated that the front building had been changed to office-showroom. He had also cut fifty feet off the building to improve visibility. Parking had been relocated to avoid conflict with the fire lane. Limited access gates are shown for the building at the rear. Mr. Gordon also showed a picture of the proposed front elevation of the front building. Mr. Gordon repeated a list of tenants located at a similar project the applicant owns in another community. He stated that some of those tenants collect sales taxes. Commissioner Dudziak asked the applicant if he feels that the questions regarding sales tax generating tenants have been answered. Mr. Gordon stated that the front building could be divided into five spaces that may attract users that generate sales taxes. He stated that the 99 Cent Only store was developed specifically for that purpose at the frontage of the property. Commissioner Edwards stated she was pleased with the changes. Commissioner Duffy asked staff if the landscaping would be put in at the time the buildings are renovated. Staff stated that the certificate of occupancy would not be issued until the landscaping was installed. Motion by Commissioner Edwards to approve the request with the following adjustments: 1. Replace the exhibit in the ordinance with the new site plan. 2. Put in language to limit the hours of access to the rear of the property to 6-10. Planning & Zoning Commission Minutes -July 12, 2004 Page 50f6 Commissioner Byerly offered a friendly amendment to include language regarding the fifty- foot visibility area and landscaping. Commissioner Edwards accepted the friendly amendment. The motion was seconded by Commissioner Byerly. Commissioner Dudziak stated he felt the long range future of this property was for retail, but appreciated the applicant's proposal. Commissioner Byerly stated he agreed, but felt this would be a transitional use until a better use comes along in the future. The motion was approved by the following vote: Aye: Byerly, Edwards, Dolan, Duffy Nay: Dudziak 5. Staff Comments, Reports and Discussion Items Staff reminded the Commissioners of the training and orientation workshop scheduled for 6:30 p.m. on Thursday, July 15, 2004, in the Executive Conference Room in City Hall. Staff also reminded the Commissioners of the joint meeting with the City Council scheduled for 6:00 p.m. on Monday, August 9. 2004, in the Executive Conference Room to discuss the Master Plan Update. 6. Commissioners' Comments and Reports Commissioner Dudziak asked if the HOA presidents could be notified of all zoning cases. Staff stated they would review the request and determine if this could be included in our notification procedures in the future. ADJOURNMENT The Commission adjourned the meeting at 9:33 p.m. by acclamation. Respectfully Submitted, ~~,.' J. C yto Husband AICP Deve opment Coordinator Approved on: July 26. 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 -July 12, 2004 Page 60f6