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HomeMy WebLinkAboutPlanning and Zoning Commission-Minutes-11/28/2005 (2) .~ Texas PLANNING AND ZONING COMMISSION MEETING MINUTES - September 26,2005 CALL TO ORDER Chairman Byerly called the meeting to order at 7:00 p.m. INVOCATION Present: Commissioners, Dave Dudziak, Luann Edwards, John Blassingame, Denis Duffy and Jeff Byerly Absent: Commissioner Tom Dolan, Thomas Bartkowski Barry LeBaron, Chris Fuller, Amy Shelley and Robert Woods from staff were present. The invocation was given by Commissioner Duffy. ROLL CALL PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES Commissioner Duffy moved to approve the September 12, 2005 meeting minutes as corrected. Commissioner Dudziak seconded. The motion was approved by the following vote: Aye: Dudziak, Edwards, Blassingame, Duffy and Byerly Nay: None RECOGNITION OF OUTGOING MEMBERS Commissioner Byerly recognized the outgoing members present. He stated always appreciating Luann Edwards's attention to detail. Commissioner Dudziak concurred with Commissioner Byerly and also stated having enjoyed serving with her. Commissioner Edwards stated this group being the best group yet. She stated to the Commissioners to keep up the good questions. SWEARING IN OF NEWLY APPOINTED MEMBERS Amy Shelley swore in the newly appointed members to the commission by having the new members repeat the Oath of Office. The new members include: David Dudziak, Place 5; Mary Taylor, Place 6 and Robert McCormick, Place 7. ELECTION OF OFFICERS Commissioner Byerly moved to have the election of officers and the following were voted: Planning & Zoning Commission Minutes - September 26, 2005 Page 1 of 10 Chairman - Commissioner Duffy made the motion to nominate Commissioner Jeff Byerly to remain the Chairman of the Commission. Commissioner Blassingame seconded the motion. The motion was approved by the following vote: Aye: McCormick, Dudziak, Taylor, Blassingame, Duffy and Byerly Nay: None Vice Chairman - Commissioner Dudziak made the motion to nominate Commissioner Duffy to the Vice Chairman of the Commission. Commissioner Blassingame seconded the motion. The motion was approved by the following vote: Aye: McCormick, Dudziak, Taylor, Blassingame, and Byerly Nay: None LEGAL BRIEFING BY CITY ATTORNEY ON AGENDA ITEMS None CITIZEN COMMENTS REGARDING ITEMS NOT ON THE AGENDA None Kathy Hadley, 204 Timberline Drive North, stated being very concerned with the rezoning on Timberline Drive South. She stated having concerns with a house being built on Timberline North because it is being constructed with siding only, no brick. She thought Colleyville had standards. She stated having concerns with her neighbors having built a garage facing her house. She stated she feels that since she lives in an older neighborhood, the Commission does not care about it. REGULAR AGENDA ITEMS 1. Case P-05-038- Minor plat on .8 acres out of the S. Cotrail Survey located at 2212 Glade Road Chris Fuller presented the case and briefed the Commissioners. Commissioner Duffy stated speaking with staff earlier in regards to the easement on the western property line. The plat shows none there. Would staff explain? Barry LeBaron replied code requires a 16 foot utility easement and the easement down the western side of the property would be the proper location. The developer replied to staff in the Development Review letter about there being tree coverage on the west side, there is already an existing 10 foot utility easement on the adjacent property to the east. The developer questioned if there would be any way they could put a 10 foot easement over there and with the two together, the city would have 20 foot of right of way or easement if ever wanting to expand. Barry LeBaron stated when engineering looked at the plan, they stated this area is already developed and, if for some reason in the future, if they needed an easement for new or changed utilities, the east side would be a proper location. Because there is already a 7 foot easement at the back of the property, the L - shaped utility easement for this property would be adequate and it would not affect any Planning & Zoning Commission Minutes - September 26, 2005 Page 2 of 10 trees. Commissioner Duffy made motion to approve case P-05-038. Commissioner Byerly seconded. The motion was approved by the following vote: Aye: McCormick, Dudziak, Taylor, Blassingame, Duffy and Byerly Nay: None PUBLIC HEARING AGENDA ITEMS 2. Case Z-05-025 - PUBLIC HEARING - Request for a zoning change from AG to R15 on 0.76 acres out of the Harrell Hughes Survey located at 1512 McCain Lane Chris Fuller presented the case and briefed the Commissioners. Barry LeBaron briefed the Commissioners as to why the property owners want to rezone the property. Commissioner Byerly questioned staff in regards to the property to the east, in the PUDR, is there a structure on that property? Chris Fuller replied correct a single family residence. Commissioner Byerly questioned staff if there is a driveway? Chris Fuller replied the driveway is on McCain Lane. Commissioner Byerly questioned staff if this property is part of the Monterra addition? Chris Fuller replied it appears as though it was at one time and stated having to research to make sure. Commissioner Duffy stated the 1998 Master Plan states no more than 1.8 units per acre, if there is .76 acres that would be 1.36 units. The 2004 Master Plan states the same. Commissioner Duffy questioned if the proposed use will enhance or be a better use than that recommended by the Master Plan? Does the proposed use create a significant benefit to the safety and welfare of the neighborhood? Will it contribute to the city's long term economic wellbeing? He continues, Neighborhood 5 comments, which this property is in Neighborhood 5, maintain no more than 1.7 units per acre. An average lot size of .72, which this property is, equals 1.38 units per acre which is the .7566. In all of the neighborhood comments of the 2004 Master Plan revision, keep the country environment and return to R20 and above in residential development. Commissioner Duffy stated wanting these items to be addressed by the applicant because the overall majority of this area wants the R20 or above zoning. Commissioner Byerly opened the public hearing at 7:27 pm. Carolyn Apodaca, the applicant at 303 Morningstar Court in Colleyville, presented the request and briefed the Commissioners. Commissioner Duffy stated admiring the survey Mrs. Apodaca has submitted, bypassing the intent of the ordinance, very creative way to show the frontage needed. Commissioner Duffy questioned Mrs. Apodaca if there would be one driveway for both lots? Mrs. Apodaca replied there would be two separate driveways. The lot on the left would have the driveway in the easement and the lot on the right would have the Planning & Zoning Commission Minutes - September 26, 2005 Page 3 of 10 driveway on the far east boundary giving it a secluded private approach. Commissioner Duffy questioned staff in regards to being able to have a driveway in the easement? Barry LeBaron stated it being ok. Commissioner Duffy questioned if something were to happen to that easement, and the city comes in and tears up the driveway, would it be their responsibility to put it back? Barry LeBaron replied the easements are put back the way the city found them. Robert Woods, City Engineer stated that is policy. Commissioner Duffy questioned staff what is the purpose of an easement if it is concreted? Barry LeBaron replied the easement allows the utilities to be constructed and maintained. Commissioner Duffy stated understanding replacing the easements if they are grass, however, to replace concrete could become expensive. Barry LeBaron stated this easement would be looked at with a separate document; it could be that it could not be concreted over and the applicant would have to move the driveway to the other side of the property. Mrs. Apodaca stated it did not matter to them where the driveway was placed, they could move it if they needed to do so. James Gordon, 6513 Ponderosa Lane, spoke in opposition to the rezoning request and stated having issues with changing the Master Plan and drainage. Kathy Hadley, 204 Timberline Drive North, spoke in opposition to the rezoning request and stated having issues with smaller lots. She also questioned what would happen to the trees on the lot? She stated being very proud of Colleyville. Terry McCain, 1500 McCain Lane, spoke in favor of the rezoning request. He stated he sold the lot to Mrs. Apodaca. He also stated he owns acreage on both sides of her lot and he is not opposed the dividing of the lot. He educated the Commissioners as to where the utilities are located. There being no one wishing to speak, the public hearing was closed at 7:45 p.m. Commissioner Dudziak questioned staff in regards to the rear set back? Chris Fuller replied 25 feet. Commissioner Byerly questioned staff in regards to the minimum lot width in R 15? Chris Fuller replied 100 feet. Commissioner Byerly questioned staff if the applicant would have to apply for a waiver for the lot width? Chris Fuller replied that would be discussed at the time of platting. Commissioner Byerly stated R15 zoning is not consistent with the character of this neighborhood. This property is not on a major collector street and is not in one of the large open areas of Colleyville. It seems the neighborhood does not seem to care by the evidence that none of them are here. He stated if neighbors do not care and it does not affect the open areas, then why should the Commissioners care about the open feel, if the neighbors do not want it. Commissioner Dudziak stated being more comfortable with keeping R20 or better zoning for this area. He stated during the time of completing the Master Plan, the Commission wanted to make sure to keep the open rural feel for Colleyville. He stated having issues with possibly later down the road, there could be a row of R15 zoning, if the properties around the Apodaca's property were to divide. He stated if the Commissioners are going to give guidance, he is not in favor of approving the R15 Planning & Zoning Commission Minutes - September 26, 2005 Page 4 of 10 zoning. Commissioner Byerly stated the Commission would not be setting a precedent; every piece of land is unique. He stated there being R20 zoning in the area and by approving the R 15 zoning would not be that much of a difference. Commissioner Duffy stated the Master Plan for Neighborhood #5 is in place and the Commissioners should stick to the Master Plan. The City Council would have the right to grant what they deem the constituents want. He stated the Commissioners need to stick to the Master Plan that was approved by council. He stated this property is in a neighborhood that is in compliance with the Master Plan. He stated the Commissioners should be honest with them and with the Master Plan and deny this rezoning request. Commissioner Byerly stated that when 1.3 units per acre is covered in the Master Plan, that is an average coverage for an area, not each specific lot. Commissioner Duffy stated the average for Neighborhood #5 is 1.38 units per acre, therefore 2 homes exceeds the 1.38 average. Commissioner Taylor stated the value of the subdivision would increase with homes built on the lots. Commissioner Blassingame questioned staff if the applicant could still go to City Council if the Commission denies the case? Barry LeBaron stated city council can change the zoning. Commissioner Duffy made motion to deny case Z-05-025. Commissioner McCormick seconded. The motion to deny was approved by the following vote: Aye: McCormick, Dudziak, Blassingame, Duffy Nay: Taylor, Byerly 3. Case Z-05-026- PUBLIC HEARING - Amend the PUDC zoning on 1.9 acres located at the southwest corner of Colleyville Boulevard and Church Street regarding screening, additional land uses and to allow a special use permit for the sale of alcoholic beverages for off-premise consumption Barry LeBaron presented the case and briefed the Commissioners. Commissioner Byerly questioned staff if the developer wants to do three commercial buildings? Barry LeBaron replied correct, possibly two restaurants and one bank. Commissioner Duffy stated there being several banks in the area which do not bring tax revenue. Commissioner Duffy questioned staff what would happen if the bank were to go in but the retail does not? Barry LeBaron replied this being like other land purchases; the purchase of the land is contingent upon the re-zoning request. Commissioner Byerly questioned staff if three buildings would fit on this property and have room for the required parking spaces? Commissioner Byerly questioned staff if any details have been provided to know the size of the buildings? Barry LeBaron replied not having any details at this time. Planning & Zoning Commission Minutes - September 26, 2005 Page 5 of 10 Commissioner Duffy questioned staff about the confidence level, if the bank is built, the restaurants would be built as well? Barry LeBaron stated zoning does not guarantee anything other than what the zoning for the property allows. Staff wanted to encourage retail uses for this lot, but sometimes to get the commercial and retail, there is a balance needed, therefore, from what staff can see this development would be balanced. Commissioner Byerly questioned staff in regards to if the PUDC zoning can restrict the amount of area the bank could take and still leave enough space for two restaurants. Barry LeBaron replied the ordinance states limiting this property to one bank not to exceed 4,000 square feet. Commissioner Duffy questioned staff in regards to how much space would be left after the S-curve would go in for the Church Street re-alignment? Barry LeBaron replied a balance of 1.4 acres. Commissioner Duffy stated 3.45 of the code states the maximum lot coverage is 50%. Barry LeBaron replied leaving about 60,000 square feet. Commissioner Duffy questioned staff if those numbers would include parking lot? Barry LeBaron replied just building. Commissioner Duffy questioned staff in regards to there being enough room for two restaurants, one bank and the required parking spaces? Commissioner Duffy questioned staff in regards to if the Commission is amending the PUDC zoning to allow for a bank facility? Barry LeBaron replied correct and the landscape screening. Commissioner Duffy stated the landscape screening not being a big issue to amend, however, to allow for another bank in this area which does not increase tax revenue, would be unwise to amend. Commissioner Byerly opened the public hearing at 8:16 pm. Mike Tussey, N3 Capital, the potential purchaser, presented the request and briefed the Commissioners. He stated the bank is critical to make the project work. He stated this project will be a good development. Commissioner Duffy questioned Mr. Tussey in regards to the bank having knowledge of the other banks in the area? Mr. Tussey replied yes. Commissioner Duffy questioned Mr. Tussey if the other tenants would be revenue generating entities? Mr. Tussey replied yes, one being a drink shop or coffee shop and the other is not leased at this time. Commissioner Duffy questioned staff if the Economic Development Department has researched if coffee shops versus banks versus something else in the area? Barry LeBaron stated this being a good use for a balanced project. He stated there are some opportunities for picking up additional/and. Commissioner Duffy stated the original application made mention of off-site alcohol consumption. Mr. Tussey stated the intent is a wine shop. Mr. Tussey stated the bank for this project would be 4,000 square feet and the other buildings would be larger. Attorney Boy/e questioned Mr. Tussey if this project is in reference to Chapter 3 Economic Development Agreement? Mr. Tussey replied not knowing the details of the agreement, he stated being on the development side. Attorney Boyle stated to the Commissioners that this sale and corresponding acquisition Planning & Zoning Commission Minutes - September 26, 2005 Page 6 of 10 is the subject of an Economic Development agreement that has previously been approved by City Council and as part of the agreement it is mandated, in the condition of the sale, that there be retail development as part of this project. Commissioner Duffy questioned Attorney Boyle if that mandate stipulates prior to occupancy permit of the bank? Attorney Boyle replied the terms of that agreement speak more globally. Commissioner Duffy questioned Attorney Boyle in regards to if there is an agreement, then the Commission is to make sure it will adhere to the code? Attorney Boyle replied the Commission is here to consider a zoning case that is pending before you. The agreement has certain opt out provisions on behalf of the purchaser as to whether or not they would want to consummate the transaction. Commissioner Duffy questioned Attorney Boyle in regards to what portion of this property would be used for the re-alignment of Church Street and what portion would be for the retail use? Attorney Boyle used the drawings provided by staff to explain the portions. Commissioner Duffy questioned Attorney Boyle in regards to if this agreement goes through, will the Church Street re-alignment take place? Attorney Boyle replied there is a commitment by the proposed purchaser to both dedicating for the roadway and committing some amount of funds for the roadway. Kathy Hadley, 204 Timberline Drive North, spoke in opposition to the rezoning request. Michael Hershman, President of Eagle Equity Inc., general partner of the owner of Colleyville Town Square, 5600-5604 Colleyville Boulevard, stated this being the first time he has heard about this agreement. He stated concurring with Commissioner Duffy's concerns. He stated not having heard anything from the city as to how this will affect their businesses. James Gordon, 6513 Ponderosa Lane, spoke in opposition to the rezoning request. There being no one wishing to speak, the public hearing was closed at 8:30 p.m. Commissioner Byerly questioned staff in regards to the access issues for Church Street and any drive through bank facility? Attorney Boyle reassured the Commission access to those properties would remain a public right of way. Barry LeBaron replied a drive through bank would be allowed. Commissioner Byerly questioned staff if another drive through facility other than a bank would be allowed in the PUDC? Barry LeBaron replied without having the PUDC ordinance to look at, he could not respond to the question. He stated knowing it would allow restaurants. Commissioner Dudziak questioned the chair in regards to having a preliminary plat in the past for situations like this so that the Commissioners would have more information to make better decisions? Commissioner Byerly stated in the past we have received preliminary plats for situations like this. However, he stated being satisfied with the right of way and Church Street issues. Commissioner Dudziak questioned staff in regards to why not see a preliminary plat? Barry LeBaron replied the original ordinance that was approved on March 2, 2004 stated the developer would have to come before with a plat, so that the prospective Planning & Zoning Commission Minutes - September 26, 2005 Page 7 of 10 buyer would know about the church street realignment before developing the property. Commissioner Byerly stated not wanting the prospective purchaser or developer to have to undergo the expense of doing a preliminary plat if the rezoning was not going to take place. That is why the Commission sees zoning and platting items separately. Barry LeBaron concurred with Commissioner Byerly and also stated most times when a developer comes forward with a PUD, they will often times submit a preliminary plat at the same time because it will save them time. Commissioner Dudziak questioned staff in regards to is allowing a bank on this property considered platting? Barry LeBaron stated platting establishes the boundaries and on the drawings provided those boundaries are outlined. Often times the developers and potential property owners will want to see a layout of their lot for financial purposes. Attorney Boyle responded this will allow only a bank, not to exceed 4,000 square feet, not a subdivision. Commissioner Dudziak stated the developer has made the decision economically not to provide the Commission with a preliminary plat, therefore he stated not being comfortable approving this without seeing the layout. He stated wanting to know what would be developed or is this prime corner in Colleyville going to be used for a bank. Commissioner Duffy questioned staff in regards to being able to ask for a site plan or plat for a PUD? Barry LeBaron stated the PUD ordinance does not require a site plan provided that the text of the ordinance states the specific use and this ordinance contains the language of specific use. Commissioner Byerly stated the City Council has asked the Commission to look at this ordinance and to add this specific use since the applicant has entered into an agreement with the city. Commissioner Duffy stated for clarity the Commission is suppose to approve this because the city has already entered into an agreement with the applicant. Commissioner Byerly replied regardless, of who the applicant is, whether it is the city or someone else, the same steps, for approving a rezoning or amending a zoning use, are taken. Barry LeBaron replied the Commission is to make a recommendation in regards to amending two sentences with an existing PUD. Commissioner Byerly stated, according to the agreement, a retail component is attached and even though it is not stated in this ordinance, it is in a separate agreement the city council has approved. He stated being satisfied with the checks and balances in place. Commissioner Dudziak stated he would have liked to have had more information about this project before it came to Planning and Zoning. He stated being pro development but when all the information is not provided, it is hard to make the proper decision. Commissioner Byerly re-opened the public hearing at 8:45 p.m. Councilmember Tom Hart, 1717 Avondale, stated understanding the frustration of the Commission. However, the city is not at liberty to release the information per the developer. The anchor property will be a good project for the city of Colleyville. City Planning & Zoning Commission Minutes - September 26, 2005 Page 8 of 10 Council has reviewed the project and it will be good. Kathy Hadley, 204 Timberline Drive North, stated having issues with agreements being done under the table without the taxpayers being aware. Michael Hershman, President of Eagle Equity Inc., stated still having issues with wanting to know how the access to the property to the north is going to be preserved. He questioned why it being an issue for the developer not submitting a site plan? There being no one wishing to speak, the public hearing was closed at 8:50 p.m. Attorney Boyle stated to the Commissioners the Resolution authorizing the Economic Development Agreement the City Council approved was held in an open meeting and was held in accordance with Charter requirements for the City of Colleyville and the Texas Open Meetings Act. Commissioner Byerly made motion to approve case Z-05-026 adding a bank/financial institution to the list of permitted uses and changing the screening requirement to allow a live evergreen landscape screen of six feet in height but deleting the special use permit to allow the sale of alcoholic beverages for off-premise consumption. Commissioner Blassingame seconded. The motion was approved by the following vote: Aye: McCormick, Taylor, Blassingame, Byerly Nay: Dudziak, Duffy STAFF REPORTS Barry LeBaron welcomed the two new Commissioners aboard and stated there would be a workshop scheduled for the near future. COMMISSIONER COMMENTS Commissioner Duffy concurred with Commissioner Dudziak, while he understands legalities of agreements; he would like to know if an agreement is in place. Not knowing all of the information does not help the Commissioners when voting. When staff recommends approval, they should know all about the case. He stated he felt like the Commission has been used. Commissioner Dudziak questioned Attorney Boyle if the Commissioners can be present during executive sessions with the city council on situations like this? Attorney Boyle replied that would be contingent and decided upon each particular circumstance. Commissioner Dudziak stated being concerned with the business owner not being notified by the city in regards to this development. ADJOURNMENT The Commission adjourned the meeting at 8:55 p.m. by acclamation. Respectfully Submitted, Amy Shelley Planning and Zoning Assistant Approved on: October 10,2005 Planning & Zoning Commission Minutes - September 26, 2005 Page 9 of 10