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HomeMy WebLinkAboutPlanning and Zoning Commission-Minutes-12/5/2005C~~Y of PLANNING AND ZONING COMMISSION `~ MEETING MINUTES -December 12, 2005 Texas CALL TO ORDER Chairman Byerly called the meeting to order at 7:00 p.m. ROLL CALL Present: Commissioners, Robert McCormick, Dave Dudziak, Thomas Bartkowski, Mary Taylor, John Blassingame, Denis Duffy and Jeff Byerly Barry LeBaron, Chris Fuller, Amy Shelley, Chad Bartee and Jeff Jones from staff were present. INVOCATION The invocation was given by Commissioner Blassingame PLEDGE OF ALLEGIANCE APPROVAL OF .MINUTES Commissioner Duffy moved to approve the November 28, 2005 meeting minutes as written. Commissioner Blassingame seconded. The motion was approved by the following vote: Aye: McCormick, Dudziak, Bartkowski, Taylor, Blassingame, Duffy and Byerly Nay: None LEGAL BRIEFING BY CITY ATTORNEY ON AGENDA ITEMS None CITIZEN COMMENTS REGARDING ITEMS NOT ON THE AGENDA None PUBLIC HEARING AGENDA ITEMS 1. Case P-05-042 -PUBLIC HEARING - Replat on 4.62 acres on Lot 1, Block 1 of the Newgren Addition located at 200 John McCain Road Chris Fuller presented the case and briefed the Commissioners. Commissioner Byerly opened the public hearing at 7:10 p.m. Dennis Newgren, the applicant, came forth to present the request and brief the Commissioners. There being no one wishing to speak, the public hearing closed at 7:11 p.m. Commissioner Duffy made motion to approve case P-05-042. Commissioner Taylor seconded. The motion was approved by the following vote: Planning & Zoning Commission Minutes -December 12, 2005 Page 1 of 9 Aye: McCormick, Dudziak, Taylor, Blassingame, Duffy, Byerly Nay: Bartkowski 2. Case Z-05-034 -PUBLIC HEARING - A request by Realty Capital Corporation to amend the zoning and development requirements of the Planned Unit Development for the Village at Colleyville Addition, located at Main Street and Pleasant Run Road Barry LeBaron presented the case and briefed the Commissioners. Commissioner Byerly questioned staff regarding increasing the density but retaining the 20% limitation on ground floor residences? Barry replied the developer will discuss in their presentation. He replied correct, the 20% ground floor limitation has been capped on square footage. Commissioner Byerly questioned staff regarding does the 300 unit limit include the new area "C" that is being added? Barry LeBaron stated the ordinance that is written would retain the 300 cap, all areas included. Commissioner Byerly opened the public hearing at 7:25 p.m. Richard Myers, President of Realty Capital, the applicant, presented the rezoning request and briefed the Commissioners. Henry Miller, Chairman of HSM Urban Partners, developers and consultants, presented the rezoning request and briefed the Commissioners. Commissioner Taylor questioned Mr. Miller regarding what plans are in place to provide visible frontage on Colleyville Boulevard for the Village at Colleyville project? Mr. Miller replied having some things in the works for the visibility of the Village. Mr. Myers replied as well having some projects in the works. Commissioner McCormick questioned Mr. Myers if using a bridge or a walk over Colleyville Boulevard could be considered, to be able to utilize the parking or areas in the Thompson Terrace addition? Mr. Myers stated wanting the area to be pedestrian friendly and stated the redevelopment of Thompson Terrace will help with access to the Village and they are excited to see that something may happen with that area. Mr. Miller stated wanting the crossing to be safe for pedestrians but anything built over Colleyville Boulevard would be too costly and not utilized. Commissioner Taylor questioned Mr. Myers regarding if a parking garage would be an option? Mr. Myers replied two parking garages are being considered with this proposal. Commissioner Taylor questioned what percentages of the buildings in the Village are occupied? Mr. Myers stated the buildings, that they own, are 100% occupied. There are about 7,000 or 8,000 square feet of retail space available. He stated Luxor has tripled the size of their space. Certain retailers have already expanded despite the lack of synergy. Commissioner Dudziak stated and questioned, in the beginning of the Village project, the retail was to be planned first, but the retail will be planned second? Mr. Miller replied no, the retail and residential are to be built at the same time; all of the ground floor of the property to be rezoned tonight is retail. Commissioner Dudziak questioned Planning & Zoning Commission Minutes -December 12, 2005 Page 2 of 9 Mr. Miller if the buildings will be built regardless if there is a tenant? Mr. Miller stated working on getting the tenants at the same time. For financial purposes, there needs to be about 40 to 50 percent pre-leased. Commissioner Bartkowski questioned Mr. Myers regarding what is the rational behind the different requests? Mr. Myers replied putting more residential spaces on the properties; the original zoning allows for 300 units, but we are only asking for 270, but by adding the McNosky residence, that would add 30 more residents. As investments, the institutional investment companies want to see the mixed use. They want to see upscale residential over retail and more density in specific areas to be able to appeal to the financial markets and it will make a better looking project. Commissioner Dudziak questioned Mr. Myers regarding bringing the synergy throughout the whole project? Mr. Myers stated these are the three most logical areas to increase the density to be able to build what we want to build. The core of the Village, the more downtown area, would be denser with retail and office space, the outer areas would be more residential in nature. Commissioner Dudziak questioned Mr. Miller regarding the parking along the streets and the width of the sidewalk, are there any plans to modify those to make them more walk friendly? Mr. Miller stated wanting to make it as pedestrian friendly environment as possible. There are areas where the sidewalks will plan to be a little wider to accommodate those uses, but would not know at this point. Mr. Myers stated in the new areas, there are several parking lots planned. Robert Figueroa, 817 Central Drive, stated having concerns with the height of the buildings invading the privacy of those residents on Central Drive. He stated having issues of the residential density going from 30 units to 70 units. Dee McNosky, 5108 Pleasant Run Road, the owner of the 1.8 parcel of property to be rezoned in this request, stated her property is not currently under contract and she spoke in favor of the rezoning request. Richard Brown, 5005 Shadowood Road, stated being opposed to a parking garage proposed behind his home. He stated there are lights currently shining on to his property. Katherine Young, 811 Central Drive, stated she was assured at least a 6 foot wall would be constructed between their homes and the development. She stated the residents wanted the wall for a level of privacy. There being no one wishing to speak, the public hearing was closed at 8:10 p.m. Commissioner Duffy made motion to move the issues being discussed into two separate parts. 1. The rezoning issue for parcel "C", the 1.08 acres and 2. The amendments to the current ordinance. Commissioner McCormick concurred. Commissioner Duffy stated having concerns for the placement of the parking spaces for the new units proposed on the 1.08 acre parcel. He stated having concerns for the trees that are on that property as well. Commissioner Byerly questioned Mr. Myers regarding if the same 20% limitations would Planning & Zoning Commission Minutes -December 12, 2005 Page 3 of 9 apply to the McNosky parcel? Mr. Myers stated there would be zero percent residential on those ground properties which is more restrictive than currently proposed. Commissioner Taylor stated the parking becoming more of an issue. Mr. Myers stated it being difficult to get within the building; therefore the parking will be underground. The cost of the residences will be higher, more upscale. This opens the first floor for retail and so forth. Commissioner Byerly questioned Mr. Myers if the underground parking would be strictly for the residents or could it be used for the shoppers? Mr. Myers replied looking in to that, but for right now, the underground parking is just for the residents. Commissioner Duffy questioned Mr. Myers regarding if the underground parking would become part of the PUD requirements? Mr. Myers replied if that is what the Commission wants. Commissioner Duffy questioned Mr. Myers if he intends to build four full floors? Mr. Myers replied wanting to have residents on the fourth floor. On the proposed three sites, he stated proposing to build shorter buildings than what can currently be built in parts of the Village. We will actually build to 56 feet, but on the fourth floor of these units, there will be some stair stepping, with outdoor terraces for architectural interest. Commissioner Duffy questioned Mr. Myers regarding if the request is to remove the 600 square foot limit of the ancillary units? Mr. Myers replied on the three sites proposed, there will not be any ancillary units. Commissioner Duffy stated to Mr. Myers it being difficult to vote on this issue without knowing where the project is going. He stated the citizens that spoke were well aware of the proposed project in 1999 and the amendments in 2001 and now, to bring forth more amendments in 2005? Mr. Myers replied this proposal is a clear idea of where the project is going and what we are trying to accomplish. The entire project will be built all at once. He stated the citizens who live on Central Drive were concerned with what would happen to the buildings close to their property. He stated there not being any changes other than now building town homes instead of office or retail. Those town homes will provide better screening. To put walls around the Village would not be very inviting. Commissioner Duffy questioned Mr. Myers regarding the exit route for the cars on the new property, "C" as shown on the exhibit? Mr. Myers replied on Pleasant Run. Commissioner Duffy questioned Mr. Myers regarding the trees that are on the new property, what will be done to those trees? Mr. Myers replied the trees are beautiful, but we would not be able to preserve the trees, especially with putting underground parking. A lot of trees will be planted that over time will grow. Commissioner Dudziak questioned Mr. Myers regarding how many town homes are going to be built? Mr. Myers replied about twenty. Mr. Myers stated they are not proposing to open the Central Drive gate. Commissioner Byerly questioned Mr. Myers regarding the 1.5 parking spaces per resident, how flexible are you? Mr. Myers replied the parking is planned very Planning & Zoning Commission Minutes -December 12, 2005 Page 4 of 9 meticulously. Having town homes that will sell for half a million dollars, if there is not underground parking to satisfy that particular buyer, the deal will not happen. Therefore, there can be no mistakes. He stated the parking being 1.5 but we could do 1.75 parking spaces. Commissioner Dudziak stated the residents could have two parking spaces and the spaces could be located within 400 feet. Mr. Myers stated that being the current ordinance and the proposed ordinance would take precedence over that one. Commissioner Dudziak referred to staff for clarity. Barry LeBaron stated as proposed the residents would have two parking spaces on site. The three areas that are proposed tonight would only have 1.5 units on site. Commissioner Duffy questioned Mr. Myers regarding the new property C, 1.08; does that include the total foot print of the building? Mr. Myers replied no, the current plan is to have on the first floor to have commercial to face Pleasant Run and commercial that will face Village Lane. There will be an entrance in to the parking garage in the middle of the site. Commissioner Byerly questioned City Attorney Matthew Boyle regarding the parking units, what are the parking requirements? Attorney Boyle replied solely applicable standard is 1.5 garage units on the building site. The 400 feet is not applicable. Commissioner Dudziak questioned Attorney Boyle regarding if any of the proposed changes would effect the TIF agreements? Attorney Boyle replied those agreements would be considered separate from zoning. Mr. Myers stated Section 8 in the proposed zoning ordinance, states the higher residential density will not be allowed until 50% of the space reserved for retail use is constructed in sub areas A, B and C as identified on Exhibit A, we are fine with that concept but for clarity because we are planning to build this all at the same time that the residences would not be provided with a certificate of occupancy until the retail is also built. Mr. Myers stated that being ok, we are planning to open the retail and they may be leased at that time, but it may be that the building is built and it will not be leased. He stated we could not get financing if we had to wait to move the residents in after 50% of the retail is occupied. Commissioner Duffy questioned Mr. Myers regarding section 7; the 400 square foot would just be in area A, B and C, so do you intend to keep the 400 square foot half floor than the rest of the development? Mr. Myers replied correct, currently some areas of the Village only allow 2.5 stories, not 3. Commissioner Byerly questioned Mr. Myers regarding the eliminating of the masonry fence and using landscaped fencing, do you have some specific standards in mind? Mr. Myers replied wanting adequate screening. The area close to Central Drive will have the town homes, then a paved alley way, and between the alley and property line, there is a four foot grass area that we want to plant fast vertical growing trees, cypress, pines, red oaks. Not planning to plant shrubs because of the grading of the land, they would be below the property and they tend to grow out instead of up. Commissioner Byerly questioned Mr. Myers regarding what caliper they are planning to plant? Mr. Myers replied about four inch caliper. Planning & Zoning Commission Minutes -December 12, 2005 Page 5 of 9 Commissioner Dudziak questioned Mr. Myers regarding if there would be any parks or amenities in the ordinance? Mr. Myers replied yes, those areas would be created as the buildings are built. He indicated the locations using the drawings provided. Commissioner Dudziak questioned Mr. Myers regarding if the number of units he is requesting will be enough or should he request more units tonight? Mr. Myers replied being comfortable with the 300 number requested. Commissioner Duffy concurred with Commissioner Dudziak. He stated wanting to see the Village stick to the schedule and not have to come back every two years and ask for an amendment. Mr. Myers concurred as well. In 2002, only minor adjustments were made. We are asking for help to be able to build out the Village all at once. Commissioner Duffy made motion to approve case Z-05-034 with the amendment that areas A, B and C have underground parking as part of the ordinance using 1.5 minimum parking space but 1.75 parking spaces to be the goal per building. Commissioner Byerly seconded with amendment to make the 1.75 parking spaces per unit; to clarify Section 8 certificate of occupancy for the residents will be issued upon 50% of the retail be constructed, the landscape buffer in place of the wrought iron fence and masonry wall to be 4 inch caliper trees planted 25 to 30 feet apart with cypress, pines, red oaks, lace park elms, be consistent with trees specific to the Land Development Code. The motion was approved with the friendly amendments by the following vote: Aye: McCormick, Dudziak, Bartkowski, Taylor, Blassingame, Duffy and Byerly Nay: None 3. Case Z-05-035 -PUBLIC HEARING -Request for a zoning change from AG Agricultural and CN Neighborhood Commercial to PUD-C Planned Unit Development Commercial on 4.0 acres located at 3798 and 3800 Glade Road Commissioner Byerly recuses himself from this agenda item. Chris Fuller presented the case and briefed the Commissioners. Commissioner Duffy opened the public hearing at 9:10 p.m. Ben Goodrum, 3800 Glade Road, spoke in favor of the rezoning request. Vicki Hagler, 2680 Bent Tree Drive, Hurst, spoke in favor of the rezoning request with her father, Ben Goodrum. Terry Hanson, 4904 Prestwick Drive, spoke in opposition to the rezoning request and stated having issues with traffic and density. Becky Hall, 4916 Prestwick Drive, spoke in opposition to the rezoning request and stated having issues with traffic, density and wanting the developer to address the concerns of the neighbors that were addressed during the Master Plan review. Ron Rickman, 3604 Cotswold Court, spoke in opposition to the rezoning request and stated having issues with the timing of the project. He stated not having enough preparation time to the request. Planning & Zoning Commission Minutes -December 12, 2005 Page 6 of 9 David Glenn, 3700 Laurens Place, spoke in opposition to the rezoning request and stated wanting to keep the commercial development at the Highway 26 corridor and having issues with traffic. Kevin Lykins, Pastor of Pleasant Glade Baptist Church, 3708 Glade Road, spoke in opposition to the rezoning request and stated having issues with traffic. He suggested more residential use. David Hannah, the applicant, presented the request and briefed the Commissioners. There being no one wishing to speak, the public hearing was closed at 9:35 p.m. Commissioner Duffy questioned Mr. Hannah regarding the fencing material, what is wood Crete or stone Crete? Mr. Hannah stated it being masonry, very durable, maintenance free and is commonly used in Colleyville. Commissioner Duffy questioned Mr. Hannah who would maintain the property until the Property Owners Association is in place? Mr. Hannah stated the developer will maintain the property until fully developed. Commissioner Duffy questioned Mr. Hannah regarding the joint of all the parking spaces and what is your timetable for development? Mr. Hannah stated wanting the time frame to compliment the reconstruction of Glade Road. City Engineer, Chad Bartee stated the construction on Glade Road is to begin in the spring of 2006 and will take about 9 months, Heritage Road to Martin Parkway. Commissioner Duffy questioned Mr. Hannah regarding if he had contacted the homeowners? Mr. Hannah replied he has had conversations with some of the homeowners. Commissioner Taylor questioned Mr. Glen if he is aware of the uses that are allowed in the CN Neighborhood Commercial zoning? Mr. Glen stated the area is very small and will not accommodate a development of this size. He stated he would prefer to have one small store as opposed to a large building. Commissioner Dudziak stated having a concern, the Commissioners are to uphold the Master Plan, and estate lots are to be built in this area. Barry LeBaron stated estate lots on collector streets or greenbelt areas. Commissioner Bartkowski stated the developer has a lot of opposition by the residents to this request. He stated needing to hear more from residents who are in favor of this request. Commissioner Blassingame questioned staff regarding where does this parcel place in the master plan as far as classification? Barry LeBaron replied being shown in the master plan as residential. The CN zoning that is already in place is not consistent with the master plan as well. Commissioner Taylor stated this is not an area where a developer would come in and develop estate lots knowing what is in this area. Commissioner Dudziak stated there seems to be a lot of tension between the developer and the neighbors. He suggested tabling this item until further information can be Planning & Zoning Commission Minutes -December 12, 2005 Page 7 of 9 researched. Commissioner Bartkowski and Commissioner Taylor concurred with Commissioner Dudziak. Commissioner Taylor made motion to table case Z-05-035. Commissioner McCormick seconded. The motion to table was approved by the following vote: Aye: McCormick, Dudziak, Bartkowski, Taylor Nay: Blassingame, Duffy STAFF REPORTS Barry LeBaron reminded the Commissioners the next scheduled meeting is January 9, 2006. COMMISSIONER COMMENTS None ADJOURNMENT The Gommission adjourned the meeting at 9:55 p.m. by acclamation. Respectfully Submitted, Amy Shelley Planning and Zoning Assistant Approved on: January 9, 2006 Planning & Zoning Commission Minutes -December 12, 2005 Page 8 of 9