HomeMy WebLinkAboutPlanning and Zoning Commission-Minutes-8/23/2004
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Texas
PLANNING AND ZONING COMMISSION
MEETING MINUTES - August 23, 2004
CALL TO ORDER
Chairman Byerly called the meeting to order at 7:00 p.m.
ROLL CALL
Commissioners Jeff Byerly, Bruce Kelly, Earl Swift, Thomas
Dolan, Dave Dudziak, and Denis Duffy were present.
Barry LeBaron, Clayton Husband and Scott Welmaker from
staff were present. Ross Foster, City Attorney was present.
INVOCATION
The invocation was given by Commissioner Duffy.
Luann Edwards arrived at the meeting.
APPROVAL OF MINUTES
For the minutes of July 26, 2004, Commissioner Dudziak requested the minutes be corrected
to reflect the commitment by the developer of the Warwick Parc Addition to provide open
space with historical restorations. Commissioner Duffy stated that there was a duplication of
the motions to reconsider Case P-04-031 on page ten of the minutes. The second motion
should have been a motion to approve the item. Both motions being made by Commissioner
Duffy. Commissioner Dudziak stated that it was his comment that individual commissioner
votes either not be identified in City Council briefings or that all individual votes be identified.
Commissioner Duffy moved to approve the minutes of the July 26, 2004 meeting with the
corrections noted. Commissioner Dudziak seconded the motion.
The motion was approved by the following vote:
Aye: Byerly, Edwards, Dolan, Dudziak, Duffy, Kelly
Nay: None
Abstain: Swift
For the minutes of August 9, 2004, Chairman Byerly requested the minutes be corrected to
indicate that he did not vote on Case Z-04-028 as he had recused himself from that case.
Commissioner Edwards stated that on the first page in paragraph one Jerry Pederson should
be listed as the applicant.
Commissioner Duffy moved to approve the minutes of the August 9, 2004 meeting with the
corrections noted. Commissioner Edwards seconded the motion.
The motion was approved by the following vote:
Aye: Byerly, Edwards, Dolan, Dudziak, Duffy, Kelly, Swift
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Minutes - August 23, 2004
Page 1 of 7
Nay: None
CITIZEN COMMENTS
None
AGENDA ITEMS
1. Case P-04-033 - Minor Plat of Sneed Addition, 6.34 acres located at 709 West L.D.
Lockett Road
Clayton Husband presented the case to the Commission and reviewed the staff briefing.
Mr. Husband stated this was city owned property and is the location of a future park and
water storage tank. He stated that additional right-of-way is being dedicated on L.D.
Lockett Road.
Commissioner Duffy asked which lot would contain the water tank, is it an elevated tank or
ground tank, what is the size of the tank, and have the property owners been notified of the
future water tank. Barry LeBaron stated that the water tank would be located on Lot one
and the park would be on Lot two. There is an existing pump station located on Lot three.
Clayton Husband stated the proposed tank is a five million gallon ground storage tank.
Barry LeBaron explained the advantages to the city for platting city owned property.
Motion by Commissioner Edwards to approve the minor plat, with the recommendation that
it additionally be approved by City Council. The motion was seconded by Commissioner
Duffy. Commissioner Dolan asked if the R40 zoning was appropriate for the property.
Clayton Husband stated that the proposed use is consistent with the R40 zoning.
The motion was approved by the following vote:
Aye: Byerly, Edwards, Dolan, Dudziak, Duffy, Kelly
Nay: None
2. Case Z-04-029 - PUBLIC HEARING - Zoning Change from CC2 Shopping Center
Commercial to PUD-C Planned Unit Development Commercial on 15.10 acres located at
the southwest corner of John McCain Road and Colleyville Boulevard
Clayton Husband presented the case to the Commission and reviewed the staff briefing.
Mr. Husband stated the developer had met with the homeowner associations in the area
about the proposed rezoning. The developer proposes to use the site for a convenience
store with gas pumps, a retail tire store and a retail shopping center.
Dan Poremba, Pecan Creek Village Center Partners, 5670 Greenwood Plaza Boulevard,
Suite 300, Greenwood Village, Colorado, applicant gave a brief overview of the proposed
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Minutes - August 23, 2004
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project and showed photos of similar projects the company has constructed in various
locations around the country.
Barry LeBaron explained that staff incorporated some of the language from the
memorandum of understanding into the proposed ordinance.
Chairman Byerly opened the public hearing.
Dennis Roe, Monterra HOA, spoke in support of the proposed rezoning. He stated they
had met with the developer to work out solutions to address their concerns. He asked the
Commission to approve the development.
Keith Staudt, Pebble Hill Plantation Estates HOA, spoke in favor of the project. He stated
that they originally were opposed to the project, but after reviewing the proposal and
discussing it with others in their homeowners association, they are in favor of the rezoning.
He stated he wanted the ordinance to be specific so that it contained requirements as
stated by the developer.
Greg Van Nieuwenhuize, 3930 Glade Road, spoke regarding the enforcement issues. He
was concerned that any deed restrictions could not be enforced by the city. He wanted the
memorandum of understanding to be a part of the ordinance.
Steve McGee, Caldwell's Creek HOA, spoke in favor of the proposed development. He
was pleased the developer took the time to meet with the homeowner associations and that
many of the features of the development far exceed city standards.
Peter Streit, Caldwell's Creek HOA, spoke in favor of the rezoning request and found the
entire process to be very professional.
Kipp Whitman, 3930 Glade Road, stated that he thought the presentation was much
different from the one he remembered from the City Council meeting the first time this
development came forward. He stated the City Council turned them away before. He
stated that the proposal deserves some good attention. He stated that he still had a
problem with what they propose.
Gary Staggs, Villas at Caldwell's Creek HOA, stated he had talked with Mr. Ratliff regarding
the keeping of the bay doors closed. He read a letter in support of the project and feels
that the project should move forward.
There being no one wishing to speak, the public hearing was closed.
Commissioner Byerly asked staff to review the zoning ordinance and some examples of
those features from the memorandum of understanding that were included in the
ordinance. Clayton Husband reviewed these for the Commission.
Commissioner Duffy asked about limiting overnight parking. Ross Foster stated that this
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Minutes - August 23, 2004
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would be a difficult enforcement issue. Commissioner Duffy asked about limiting outside
storage. Ross Foster stated that the ordinance could include such language.
Commissioner Kelly asked about deed restrictions and enforcement. Ross Foster stated
that only property owners and not the city could seek enforcement of a deed restriction
through a court.
Commissioner Byerly asked if the sidewalk would connect with the Cotton belt Trail.
Clayton Husband stated that it would connect.
Commissioner Duffy asked about the entry sign proposed by the developer and its height
and attaching it to the ordinance. Barry LeBaron stated that it could be attached to the
ordinance if the Commission so desired. Commissioner Duffy asked about the phasing of
the development. Clayton Husband explained the development schedule of the project.
Commissioner Kelly expressed concern over the hours of operation.
Commissioner Swift wanted to know the plan for the old station located across the street.
Dan Poremba stated it was their plan to remove the gas pumps from the site and make it
available for redevelopment as a retail site. Commissioner Swift stated that the tire store
was the most objectionable part of the development. He asked the developer what
assurances were there that the rest of the retail development will take place. Dan Poremba
stated that the terms of the ordinance prevented occupancy of the tire store until building
permits are obtained for the 41,000 square foot in-line retail store. Commissioner Swift
asked what the greatest concerns of the homeowners association. Dan Poremba stated
there were concerns over the access from John McCain and whether the development was
right for the city.
Commissioner Kelly stated he liked that the developer has demonstrated a willingness to
work with the citizens. He asked the developer to consider attaching hours of operation to
the ordinance. Dan Poremba stated he would be willing to do that if the Commission so
desired. He asked for the Commission to consider long term flexibility.
Commissioner Duffy asked about whether the ordinance allowed tutoring schools at this
location. Clayton Husband stated that this uses are similar to those listed in the Land
Development Code. Commissioner Duffy asked if the creek was going to be channelized.
Clayton Husband stated that it would only be a natural channel. Commissioner Duffy
asked if this area is located in the TIF. Barry LeBaron stated it was within the TIF area.
Commissioner Duffy stated he wants the detention facilities to be designed large enough to
handle the water.
Commissioner Dudziak asked the developer what services would be provided at the tire
store. Dan Poremba stated that there would be tire sales, minor auto repair and lubrication.
No heavy duty engine overhauls would be performed. Commissioner Dudziak asked if the
large trees in the detention area would be retained. Dan Poremba stated that the
landscape plan calls for massive tree retention. Commissioner Dudziak asked about the
opaque gate. Clayton Husband stated that referred to the gate on the dumpster container.
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Commissioner Dudziak asked the developer if they would consider burying the electrical
lines. Dan Poremba stated they would look at the economics of that. Commissioner
Edwards asked if the City Council had recently considered an ordinance to require burying
overhead electric lines. Clayton Husband stated it was turned down. Commissioner
Dudziak wanted to know what the opinion was of the new Economic Development
Manager. Scott Welmaker came forward and stated that he felt that it was a good project
from an economic standpoint. Commissioner Swift asked why he felt that way, since there
were other discount facilities that this business would have to compete with. Scott
Welmaker responded that the overall project, not just the tire store, was good for the city.
He felt that the projected sales figures were probably conservative.
Commissioner Duffy asked the developer when the property owners would be taking over
the maintenance of the facility. Dan Poremba stated that would occur when the developer
no longer had an interest the property.
Commissioner Dolan asked if the developer was in discussions with a major anchor tenant.
Dan Poremba stated that they were not and would not until the planning, zoning and
platting were finished.
Commissioner Byerly asked what would be placed on the canopy. Clayton Husband stated
the ordinance states that the columns be of masonry or similar.
Commissioner Kelly asked if they were in discussions with any surrounding cities for similar
projects and if that would motivate them to honor their commitments. Dan Poremba stated
that they had preliminary discussions in other neighboring communities.
Commissioner Duffy asked if the minutes could be made available prior to the ordinance
going to the City Council. Barry LeBaron stated that every effort would be made to have
the draft minutes prepared as soon as possible.
Motion by Chairman Byerly to approve the zoning change, subject to the following changes:
The building design score be raised to 35 points.
The canopy covering the gasoline pumps have a white fascia
The hours of operation of the automobile repair facility be limited to the hours of 7 a.m. to 7
p.m., Monday through Friday, and 7 a.m. to 5 p.m. on Saturday.
The motion was seconded by Commissioner Edwards and asked to add an exhibit
regarding the entryway sign.
Commissioner Dudziak asked if the gas station was a twenty-four hour operation.
Commissioner Edwards asked if the station was manned. Dan Poremba stated the gas
station was a twenty-four hour operation and is always staffed during those hours.
Commissioner Dolan asked if the hours of seven to seven a problem. Dan Poremba said
he would like to have flexibility. Commissioner Byerly stated that this could always be
amended in the future if it became a problem. The motion was approved by the following
vote:
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Minutes - August 23, 2004
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Aye: Byerly, Edwards, Dolan, Dudziak, Duffy, Kelly
Nay: Swift
3. Case G-03-029 - Amendment to the Tree Mitigation Plan on 15.10 acres located at the
southwest corner of John McCain Road and Colleyville Boulevard
Clayton Husband presented the case to the Commission and reviewed the staff briefing.
He stated that a tree mitigation plan had been previously approved for this project, but
since the original zoning request had been denied the timing sequence for development
was no longer consistent.
Commissioner Edwards asked if the really large pecan tree located on the site was being
preserved. Clayton Husband stated he did not know where the specific tree referred to was
located.
Commissioner Duffy asked how the formula worked for obtaining tree mitigation relief.
Clayton Husband stated the formula provided incentives for the developer to accelerate the
development of the site.
Motion by Commissioner Edwards to approve the revised tree mitigation plan. The motion
was seconded by Commissioner Kelly.
The motion was approved by the following vote:
Aye: Byerly, Edwards, Dolan, Dudziak, Duffy, Kelly, Swift
Nay: None
STAFF REPORTS
Staff reminded the Commission about the Boards and Commissions reception at the
Colleyville Center scheduled for August 26, 2004 and the Midwest Section Planning and
Zoning Commissioners training workshop scheduled for Monday, August 30, at the
Brookside Convention Center in Hurst.
COMMISSIONER COMMENTS
Commissioner Kelly wanted to compliment and thank Earl Swift for his professionalism and
that he would be missed, since he is scheduled for knee surgery and this would be his last
meeting.
ADJOURNMENT
The Commission adjourned the meeting at 9:20 p.m. by acclamation.
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Minutes - August 23, 2004
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Respectfully Submitted,
ICA~h:,.K,
J. ~ Husband AICP
Development Coordinator
Approved on: September 27,2004
Note: As a matter of public record, an audio recording of this Planning and Zoning Commission meeting is
available upon request.
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Minutes - August 23, 2004
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