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HomeMy WebLinkAboutPlanning and Zoning Commission-Minutes-1/12/2015 City of Colleyville Planning and Zoning Commission Minutes City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com Monday, January 12, 2015 City Council Chambers CALL MEETING TO ORDER The Planning and Zoning Commission meeting of the City of Colleyville was called to order by Chairman Byerly on January 12, 2015 at 7:03 p.m. Roll Call Present: Commissioners David Wheelwright, Jim Gotcher, Don Davis, David Phelps, and Jeff Byerly Absent: Commissioners Larry Knox and Carel Tornes Staff Present: Chris Fuller, Taci Wrisley, Rob McKeown, Marty Wieder, Adam Marsh, Brian Riley, and Matt Butler (City Attorney) 1. APPROVAL OF MINUTES Commissioner Phelps made a motion to approve the minutes. Commissioner Davis seconded. The motion to approve the minutes carried by the following vote: Aye: 5 – Wheelwright, Gotcher, Davis, Phelps, and Byerly 2. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA AS A PUBLIC HEARING ITEM There were no citizen comments/presentations regarding items not on the agenda as a public hearing item. 3. PUBLIC HEARING AGENDA ITEMS 3a Consideration of a replat on Lots 1 and 2, Block 2, of the Sunrise Terrace Addition located at 1105 Glade Road, PC14-027 Adam Marsh presented the case and briefed the Commission. The public hearing was opened at 7:07 p.m. Matt Moore, the engineer, came forward and briefed the Commission. City of Colleyville Page 1 Planning and Zoning Commission Minutes January 12, 2015 Commissioner Davis questioned Mr. Moore how trash receptacles would be handled for the site. Mr. Moore explained, through the zoning process, it was determined they would use roll away trash containers versus having a dumpster on site. Commissioner Phelps questioned Mr. Moore regarding if the access to Bedford Road had been removed. Mr. Moore explained, through the zoning process, it was determined traffic would be an issue and should only be allowed to enter and exit the property from Glade Road and the cross access agreement with the property to the east. There being no one else wishing to speak, the public hearing was closed at 7:09 p.m. Commissioner Davis made a motion to approve Case PC14- 027. Commissioner Gotcher seconded. The motion to approve Case PC14-027 carried by the following vote: Aye: 5 – Wheelwright, Gotcher, Davis, Phelps, and Byerly 3b Consideration of a zoning change from PUD-C-Planned Unit Development Commercial zoning district to the PUD-R-Planned Unit Development Residential zoning district on 1.82 acres on Lot 1, Block 1 of the San Bar Square Addition located at 105 Cheek-Sparger Road, Case ZC14-026 Adam Marsh presented the case and briefed the Commission. The public hearing was opened at 7:16 p.m. Steve Isbell, the applicant, came forward and briefed the Commission. Commissioner Davis questioned Mr. Isbell regarding whether drainage had been addressed with the new proposed plan. Mr. Isbell replied they would follow the city’s requirements for maintaining run-off and would also detain water in the open space. Commissioner Phelps questioned Mr. Isbell regarding whether he intended to escrow the sidewalk or construct it and would he construct some type of access to the sidewalk, across the existing drainage ditch. Mr. Isbell replied they would construct the sidewalk but the drainage ditch was not their property. City of Colleyville Page 2 Planning and Zoning Commission Minutes January 12, 2015 Commissioner Wheelwright questioned Mr. Isbell regarding whether the six foot (6’) wood fence along the southern property line would be replacing the existing fence. Mr. Isbell replied no, it would be a new fence. He further explained the existing fence is on the adjacent property owners property about one foot (1’) and they were not willing to share the maintenance of the fence. Discussion continued regarding the maintenance of the fences. Commissioner Davis strongly recommended Mr. Isbell communicate with the property owner to the south to ensure the space in between the existing fence and the new fence is maintained. There being no one else wishing to speak the public hearing was closed at 7:27 p.m. Commissioner Phelps questioned staff regarding who would be held responsible for the cost of the sidewalk if access was not provided across the drainage ditch. Adam Marsh replied the applicant may escrow or construct the sidewalk. He further explained if the applicant chose to escrow the sidewalk, the city would look into what the options were for access across the drainage ditch. Adam Marsh also added the drainage ditch is maintained by the city. Chairman Byerly questioned staff regarding the location of the proposed wrought iron fence along the north and east side of the proposed development. Adam Marsh replied the six foot (6’) wrought iron fence is being proposed for the northeast corner of the development, along the open space lot. Commissioner Phelps made a motion to approve Case ZC14- 026 with the following conditions: 1) amend the ordinance to read the six foot (6’) wrought iron fence will be placed along the open space lot, on the northeast side of the proposed development. Commissioner Davis seconded. The motion to approve Case ZC14-026 with the following conditions: 1) amend the ordinance to read the six foot (6’) wrought iron fence will be placed along the open space lot, on the northeast side of the proposed development was carried by the following vote: Aye: 4 – Wheelwright, Davis, Phelps, and Byerly Nay: 1 - Gotcher City of Colleyville Page 3 Planning and Zoning Commission Minutes January 12, 2015 3c Consideration for a Special Use Permit for a telecommunications tower on Lot 5R-1, Block 1, of the Andy Felps Addition, located at 4003 Colleyville Blvd, Case ZC14-027 Adam Marsh presented the case and briefed the Commission. The public hearing was opened at 7:36 p.m. Kathy Zibilich, on behalf of the applicant, came forward and briefed the Commission. Commissioner Davis questioned Ms. Zibilich regarding whether a stealth tower had been considered for this site. Ms. Zibilich replied no. She further explained she did question the design engineers as to why the proposed design was chosen and was informed the proposed design provided better coverage. Commissioner Davis questioned Ms. Zibilich regarding if they had any stealth towers currently in the city of Colleyville. Ms. Zibilich replied no. Discussion continued between Ms. Zibilich and the Commission regarding differences between the two types of telecommunication towers. Commissioner Phelps questioned Ms. Zibilich regarding the difference in coverage with the addition of the telecommunication tower. Ms. Zibilich explained there would be a drastic change in the amount of coverage that could be provided with the new tower. Commissioner Phelps stated the objective would be for the tower to be as aesthetically pleasing as possible because it would be at the entrance to the city and because it would be a permanent fixture. Jeff Brand, Brand Capital Partners, 5217 McKinney Avenue, Dallas, Texas, 75205, and representing himself and Ward Hayworth, owner of 4003 Colleyville Blvd., came forward and spoke in opposition to this case. There being no one else wishing to speak, the public hearing was closed at 7:52 p.m. Commissioner Wheelwright questioned Ms. Zibilich regarding what their process is for selecting a potential location. Ms. Zibilich replied the optimal location is determined by a series of research and data City of Colleyville Page 4 Planning and Zoning Commission Minutes January 12, 2015 analysis. Commissioner Phelps questioned Mr. Brand regarding whether there had been an agreement with Mr. Hayworth and the property owner at 4009 Colleyville Blvd. regarding parking on Mr. Hayworth’s property. Mr. Brand replied no and they would prefer that their property not be used for parking. Commissioner Phelps questioned staff regarding how to bring the site into compliance if the Special Use Permit is granted. Adam Marsh replied this is addressed in the ordinance by stating the site must be brought up to compliance. Discussion continued regarding bringing the property into compliance. Commissioner Phelps questioned Rob Mckeown, the fire marshal, regarding circular access. Rob McKeown replied there are not any issues that would trigger an access requirement at this time. Commissioner Phelps questioned Matt Butler, the city attorney, regarding whether the Commission could approve the case with the condition that the tower be a stealth design. Matt Butler replied yes, that could be mentioned as part of the motion. Commissioner Gotcher stated the motion needed to be more prescriptive. Commissioner Phelps questioned Ms. Zibilich regarding what specifically is a stealth design. Ms. Zibilich replied a stealth design means you do not see any antennae or equipment on the tower. Discussion continued between Ms. Zibilich and the Commission regarding the different types of designs of telecommunication towers. The Commission adjourned into an executive session at 8:05 p.m. The Commission re-adjourned into the regular meeting at 8:14 p.m. Commissioner Phelps made a motion to approve Case ZC14- 027 with the following condition: the tower shall be designed with stealth objectives in order to conceal radio equipment. Commissioner Gotcher seconded the motion. The motion to approve Case ZC14-027 with the following condition: the tower shall be designed with stealth objectives City of Colleyville Page 5 Planning and Zoning Commission Minutes January 12, 2015 in order to conceal radio equipment carried by the following vote: Aye: 5 – Wheelwright, Gotcher, Davis, Phelps, and Byerly 3d Consideration for a Special Use Permit for a Second Hand Goods Shop on Lot 8A, Block 1, of the Thompson Terrace Addition located at 5117 Colleyville Blvd, Suite A, Case ZC14-028 Adam Marsh presented the case and briefed the Commission. The public hearing was opened at 8:21 p.m. Commissioner Phelps questioned staff regarding whether all of the parking along the front of the building would be lost with the expansion of State Highway 26. Adam Marsh replied yes. Commissioner Davis questioned staff regarding whether the business owners were aware of the loss of parking with the expansion. Adam Marsh replied yes. Sumer Morgan and Della Greener, the business owners, came forward and briefed the Commission. Commissioner Gotcher questioned Ms. Morgan and Ms. Greener regarding would they be open to having the ability to sell other merchandise than what was in the proposed ordinance. Ms. Morgan and Ms. Greener replied yes. There being no one else wishing to speak the public hearing was closed at 8:23 p.m. Commissioner Gotcher made a motion to approve Case ZC14-028 with the following condition: 1) Section 4.1.f be removed from the proposed ordinance. Commissioner Davis seconded. The motion to approve Case ZC14-028 with the following condition: 1) Section 4.1.f be removed from the proposed ordinance carried by the following vote: Aye: 5 – Wheelwright, Gotcher, Davis, Phelps, and Byerly 4. ADJOURNMENT The meeting adjourned at 8:25 p.m. City of Colleyville Page 6 Planning and Zoning Commission Minutes January 12, 2015 The minutes were written and prepared by: Taci Wrisley Planning and Zoning Assistant The meeting minutes were approved on February 9, 2015 by a vote of 7-0. City of Colleyville Page 7