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HomeMy WebLinkAboutPlanning and Zoning Commission-Minutes-4/24/2006 PLANNING AND ZONING COMMISSION MEETING MINUTES – April 24, 2006 CALL TO ORDER Chairman Byerly called the meeting to order at 7:00 p.m. ROLL CALL Present: Commissioners, Robert McCormick, Dave Dudziak, Mary Taylor, Denis Duffy and Jeff Byerly Absent: Commissioners Thomas Bartkowski and John Blassingame Chris Fuller, Amy Shelley, Public Works Director Steve Chutchian and Fire Chief Mike Johnston from staff were present. INVOCATION The invocation was given by Commissioner Taylor PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES Commissioner Dudziak made motion to approve the April 10, 2006 meeting minutes as written. Commissioner Taylor seconded. The motion was approved by the following vote: Aye: McCormick, Dudziak, Taylor, Duffy and Byerly Nay: None CITIZEN COMMENTS REGARDING ITEMS NOT ON THE AGENDA None REGULAR AGENDA ITEMS 1.Case P-06-013 – Preliminary plat for Lots 1, 2 and 3, Block 2 of the Lavaca Trail Addition on 6.353 acres located at 8080 and 8090 Precinct Line Road Chris Fuller presented the case and briefed the Commissioners. Commissioner Dudziak questioned staff regarding if the developer can start building before the CLOMR is approved by FEMA? Public Works Director, Steve Chutchian replied the CLOMR must be approved by FEMA first. Commissioner Duffy made motion to approve case P-06-013. Commissioner Taylor seconded. The motion was approved by the following vote: Aye: McCormick, Dudziak, Taylor, Duffy, Byerly Planning & Zoning Commission Minutes – April 24, 2006 Page 1 of 10 Nay: None 2.Case P-06-014 – Final plat for Lots 1 and 2, Block 2 of the Lavaca Trail Addition on 2.572 acres located at 8080 and 8090 Precinct Line Road Chris Fuller presented the case and briefed the Commissioners. Commissioner Taylor questioned staff if any letters in opposition have been received? Chris Fuller replied no, this is a plat application which is not required to be advertised. Commissioner Duffy questioned staff regarding if Lots 1 and 2 are approved as presented, then when the developer comes back to plat Lot 3, will he be able to change or modify Lot 1 or 2? Chris Fuller replied no he will not be able to change or modify. Commissioner Duffy made motion to approve case P-06-014. Commissioner Taylor seconded. The motion was approved by the following vote: Aye: McCormick, Dudziak, Taylor, Duffy, Byerly Nay: None 3.Case P-06-020 – Preliminary plat for Lots 1 – 16, Block 1 of the Colleyville Heights Addition on 4.36 acres out of the P. Peterson Survey and Lot F, Block 2 of the Colleyville Estates Addition located at 5400 to 5408 Pleasant Run Road Chris Fuller presented the case and briefed the Commissioners. Commissioner Duffy questioned staff regarding what is the frontage on the lots on the cul-de-sac and is the rectangular point on the plat on Lots 14, 15 and 16 indicative of anything important? Chris Fuller replied that being an erroneous line on Lots 14, 15 and 16 and with regard to the lot size, the Land Development Code allows a lesser frontage to be assigned to lots along a cul-de-sac as long as health safety issues are not mitigated or put into risk. Commissioner Byerly questioned staff if those lots are otherwise consistent with the R10 zoning district? Chris Fuller replied correct. Commissioner Duffy questioned staff if the 50 foot right of way width on Regina Court is sufficient for parking on both sides? Chris Fuller replied it is sufficient within a local roadway standard with regard to parking on both sides. However, the Engineering Department may be able to provide more insight. Steve Chutchian replied the 50 foot right of way width is a standard residential right of way which will allow for parking on either side. Commissioner Duffy stated the R10 zoning district has been in existence for a long while, however, and questioned the applicant if those lots being proposed have larger lot frontages and have 12 lots instead of 15? Keith Hamilton, 601 Harwood Road, representing the applicant, stated the applicant does not want to loose any lots. Planning & Zoning Commission Minutes – April 24, 2006 Page 2 of 10 Commissioner Byerly made motion to approve case P-06-020. Commissioner McCormick seconded. The motion was approved by the following vote: Aye: McCormick, Dudziak, Taylor, Duffy, Byerly Nay: None 4.Case P-06-021 – Minor plat for Lots 1 and 2, Block 1 of the Burnett Whittlesey Addition on 3.16 acres on Tracts 1B and 1B1, Abstract 1692 of the Joseph White Survey located at 6208 L.D. Lockett Road Chris Fuller presented the case and briefed the Commissioners. Commissioner Duffy questioned Fire Chief Mike Johnston regarding what is the estimated distance to the closest hydrant to the home? Chief Johnston replied approximately 350 to 400 feet. Commissioner Duffy questioned if the 25 foot wide access had any obstructions, would the fire trucks still be able to get back there, or would the hose have to be dragged manually? Chief Johnston replied correct, the concrete would have to support the fire apparatus with appropriate width and height. He stated the applicant is willing to do whatever is necessary to gain emergency access to her home. Commissioner Duffy questioned if the applicant understood the city would not be responsible, if emergency access could not be gotten to her home, because of lack of response? Chief Johnston replied yes. Commissioner Duffy stated having concerns with a home this far from the street. Commissioner Taylor questioned Chief Johnston regarding if that would become a non issue once the applicant agrees to have access to support the fire apparatus? Chief Johnston replied correct. Commissioner McCormick made motion to approve case P-06-021. Commissioner Taylor seconded. The motion was approved by the following vote: Aye: McCormick, Dudziak, Taylor, Byerly Nay: Duffy PUBLIC HEARING AGENDA ITEMS 5.Case Z-06-007 – PUBLIC HEARING - Request for a Special Use Permit for outside storage located at 6617 Colleyville Boulevard Chris Fuller presented the case and briefed the Commissioners. Commissioner Taylor questioned staff if this property can be seen from Colleyville Boulevard? Chris Fuller replied because of the tree coverage, it would depend on the time of the year, so yes; it would be visible from Colleyville Boulevard. Chief Johnston stated the fencing between the buildings, Hart Pools and the parking area, would have to be removed in order to get an apparatus down the property and have a turn radius to turn into the storage area. Planning & Zoning Commission Minutes – April 24, 2006 Page 3 of 10 Commissioner McCormick questioned Chief Johnston if there is a concern regarding the storage of gasoline tanks and propane tanks on the facility? Chief Johnston replied not having an issue with the storage of tanks, similar to those at the storage facility on John McCain. Commissioner Byerly questioned staff regarding the fire access is an issue, however, it is not covered in the SUP ordinance? Chris Fuller replied those issues would be covered by the fire code; there is also a fire lane that would need to be brought into compliance with the fire lane standards. Commissioner Byerly questioned the need for a special provision in the SUP? Chris Fuller replied Chief Johnston may be more comfortable by adding that language into the ordinance. Commissioner Duffy questioned staff regarding the piles of trash, will these piles be cleaned up and the RV’s parked on those spots or are the RV’s going to be parked where ever on the lot among the refuse? He stated a letter recommending denial has been sent stating the abuse of junky equipment being left around for the breeding of mosquitoes. Chris Fuller replied the applicant is present to give clarity as to the placement of the RVs, and it is to staff’s understanding that most of the refuse piles have been cleaned. Commissioner Dudziak questioned staff regarding if there are limitations in the ordinance on the Hodges’ property, such as a landscape buffer or limitations of vehicles parked along Ross Downs? Chris Fuller replied there being a height restriction on one of the buildings not to exceed 20 feet, a landscaped screening within 13 feet of the common property line of the Ross Down’s Addition and a tree plan, and the area within 50 feet of the property line would be free of debris. Commissioner Byerly questioned staff regarding the type of asphalt to be used? Chris Fuller replied the applicant stated wanting to use the recycled black top; however, the applicant should be able to give you more information on the type and depth. Commissioner Duffy questioned Chief Johnston regarding if there is a need for single or double access, one on the north part and one on the south part? Chief Johnston replied the single access on the north part would be fine for the fire access, but not sure if one would be required on the Ross Downs side because that easement has been abandoned. Commissioner Dudziak questioned staff regarding if the hours of operation would be 7 a.m. to 8 p.m. seven days a week? Chris Fuller replied the times of operation were indicated, not the days, staff presumed it was seven days a week. Commissioner Byerly opened the public hearing at 7:40 P.M. Neil Hart, the applicant, stated the land will be cleaned before the storage of the RVs. Commissioner Byerly questioned Mr. Hart regarding what type of surface would be used for the parking area? Mr. Hart replied the surface used can be five (5) inches of asphalt if necessary. Mr. Hart replied not being able to take down the fence to the north to accommodate for a fire truck. He stated there are fire hydrants available on the property. Planning & Zoning Commission Minutes – April 24, 2006 Page 4 of 10 Commissioner Duffy questioned Mr. Hart if he has been using the site for storage of refuse prior to this request? Mr. Hart replied yes. Commissioner Duffy stated the Fire Chief has requested certain codicils for this SUP, what would happen if the Chief’s wishes were put in to the SUP ordinance? Mr. Hart replied he would have to abandon the project, he stated not wanting to take down the fence, and he is just looking for some additional income. Commissioner Duffy stated not being able to approve without some safety for the city regarding fire access on to the property. Mr. Hart stated not being willing to give up part of his back lot to his building. Commissioner Taylor questioned Mr. Hart what is the best use of the land? Mr. Hart stated not seeing a better use for the land. Mr. Hart questioned Chief Johnston if there have been any fires at the other location on John McCain? Chief Johnston replied no, not to his knowledge. Mr. Hart stated he had an idea to store something on the property to be able to make additional money and to clean up the property. Commissioner Dudziak questioned Mr. Hart if the business will operate 7 days a week? Mr. Hart replied yes, but it will not be attended, there will be an electronic gate. Commissioner Dudziak questioned Mr. Hart if he did not want the landscape buffer on the back side of his property next to the Ross Downs Addition? Mr. Hart replied really not knowing about the landscape buffer, but not being opposed to one, there is a natural drainage swell back there now for the run off from Hodge’s property. Commissioner Dudziak questioned Mr. Hart if the 13 foot buffer could be continued as is on the Hodge’s property? Mr. Hart replied not having a problem with any recommendations regarding landscape. Commissioner Duffy questioned Mr. Hart regarding fire access, if there were a codicil in this SUP stating you would need to provide acceptable fire access to this site and approved by the Fire Chief, would you be willing to do so? Mr. Hart replied not willing to take the fence down as it would be giving away a lot of property. He stated not being willing to have an unfenced property. Mr. Hart replied coming up with an idea like a retractable gate with rollers. Commissioner McCormick questioned Mr. Hart regarding how are RVs going to be placed on the property if a fire truck can not gain access? Mr. Hart replied the RVs will come in off of Ross Downs road. Commissioner Duffy stated Ross Downs road is not a city street. Mr. Hart stated having used this road for 23 years. Commissioner Duffy stated that road is property the adjacent property owners own in pieces. Commissioner Duffy questioned Mr. Hart regarding if there will be an electric gate on Ross Downs road? Mr. Hart replied yes. Commissioner Duffy stated that road can not be the primary entrance for the fire department to use because it is not a city street. Mr. Hart questioned how does the fire department get through this area? Commissioner Duffy replied not knowing. Commissioner McCormick questioned Mr. Hart regarding if there will be electricity to those units in the back? Mr. Hart replied no. He stated wanting to get the SUP and then, later, he could design the features. Commissioner McCormick questioned Mr. Hart regarding if there will be a dump station? Mr. Hart replied no. Planning & Zoning Commission Minutes – April 24, 2006 Page 5 of 10 There being no one wishing to speak, the public hearing was closed at 7:50 P.M. Commissioner Byerly made motion to approve case Z-06-007 with staff’s recommendations to remove item number 7; The existing trees along the property line adjacent to Ross Downs Addition be preserved as a buffer to the residential uses. Commissioner Duffy seconded with an amendment to add language with proper fire access be provided by the applicant. Commissioner Byerly questioned Chief Johnston regarding if access would be able to be provided? Chief Johnston replied not sure at this time without measuring, stated not knowing what the radius to the back of the property would need to be. Initially, the property is physically looked at and then decided, at that time, where the fire lane would need to be placed, however, with this being an existing property with an existing fire lane that is not the proper fire lane width, it is hard to determine without measuring. Commissioner Byerly questioned staff regarding if there is specific language that would need to be placed in this ordinance for fire access? Chris Fuller replied pursuant to the Fire Code would be more relevant than the Land Development Code. Commissioner Dudziak replied the fire code is a very important caveat for those residents who back up to this property. He stated he would not approve this SUP without a fire lane. Commissioner Taylor concurred with Commissioner Dudziak and stated the applicant has already stated he is not willing to take the fence down for fire access. Commissioner Taylor stated Mr. Hart is not willing to place shrubbery on the property facing Colleyville Boulevard. Commissioner Taylor stated not being comfortable without some assurances. Chris Fuller stated one of the issues that staff recommended was a landscape setback buffer that abuts Ross Downs. Mr. Hart stated he would be willing to plant trees along the residential boundary of the Ross Downs Addition, not along Colleyville Boulevard as Commissioner Taylor stated. However, the Commissioners have the ability to add what ever language to the SUP that is necessary. Commissioner Byerly stated for clarity there being two issues, an eight foot opaque fence requirement and landscape screening that is consistent with the Land Development Code both along the eastern boundary. Chris Fuller replied correct. Commissioner Dudziak questioned staff regarding what is the landscape footage requirement in the Land Development Code? Chris Fuller replied 20 feet. Commissioner Dudziak stated an amendment to eliminate any type dump station, waste water and drain water shall not be permitted on this site. Commissioner Byerly accepted Commissioner Dudziak’s change. Commissioner Byerly stated wanting the northern access to be consistent with the fire code as well. City Attorney Matthew Boyle stated the fire access shall be provided in full accordance with the fire code. The motion as it stands now is for the approval with Planning & Zoning Commission Minutes – April 24, 2006 Page 6 of 10 staff’s recommended conditions with item number seven being deleted and the following two additional conditions being; 1) fire access shall be provided in full accordance with the fire code and 2) no dump stations for waste water or drain water shall be permitted on the site. Commissioner Dudziak questioned staff regarding drainage; will he have to provide drainage plans? Chris Fuller replied if he paves per the Land Development Code with asphalt or concrete, he will be required to submit a drainage study as part of the grading permit, however, if the Commission approves anything less than what the Land Development Code requires, he will not be required to provide plans, unless the Commission makes it a caveat to the SUP. Commissioner Dudziak questioned staff regarding if the applicant is aware the pavement he is proposing is not what will be required? Commissioner Byerly requested the applicant to come forward to address the question. Mr. Hart replied he would comply with what is necessary, he can use what he has for a base and then concrete or asphalt over it . Commissioner Byerly stated the motion to approve this case is as stated by City Attorney. Motion being moved by Commissioner Byerly and seconded by Commissioner Duffy. The motion was approved by the following vote: Aye: McCormick, Dudziak, Taylor, Duffy, Byerly Nay: None 6.Case Z-06-008 – PUBLIC HEARING - Request for a zoning change from RE - Residential Estate to PUDR - Planned Unit Development Residential on 4.15 acres on Lots 1A and 2, Block 1 of the Wildwood Estates Addition located at 5604 and 5700 Pool Road Chris Fuller presented the case and briefed the Commissioners. Chief Johnston stated there is a need to have hose cabinets, with a 2 ½ inch line going to the cabinets with a 1 ½ in reducer inside the cabinet. Chief Johnston spoke with Mr. Kramer and stated AEDs will be required every 100 paces apart, per the fire code requirement because of the access to the facility. Commissioner Duffy questioned staff regarding if there is anything on record on this company regarding past performance? Chris Fuller replied no. Commissioner Dudziak questioned staff if this is the first assisted living facility in Colleyville? Chris Fuller replied no there is one on Bransford Road. Commissioner Dudziak questioned Chief Johnston if this facility will increase the call volume? Chief Johnston stated the call volume will increase about a 10 to 15 percent increase per month. Commissioner Taylor questioned staff regarding if this facility is strictly an assisted living facility, not an early retirement facility? Chris Fuller replied correct. Commissioner McCormick questioned staff regarding the number of parking spaces Planning & Zoning Commission Minutes – April 24, 2006 Page 7 of 10 required? Chris Fuller replied one parking space per number of beds, or one space per unit, whichever is greater, in this instance, the 52 units is greater, therefore 52 parking spaces would be needed. However, the drawing shows 41 parking spaces and the applicant stated with these facilities, the parking ratio does not have the demand. Staff feels this facility may require the 52 spaces since some of these residents may have a car. The applicants do not feel this is necessary. Commissioner Byerly opened the public hearing at 8:15 P.M. Mark Tolsen, 8251 Bedford-Euless Road, North Richland Hills, GTF Design, the architect, the designer, presented the case and briefed the Commissioners. Commissioner Byerly questioned Mr. Tolsen regarding the time at which there will be the most employees at the facility at one time? Mr. Tolsen replied there would be seven employees at one time. Commissioner Byerly questioned Mr. Tolsen regarding the percentage of people who would live there having a car? Mr. Tolsen replied the ratio of people living there that would have a car is about 1% or less. Commissioner Dudziak questioned Mr. Tolsen if the rooms are rented; are the trees already 18 feet tall at the time of planting? Mr. Tolsen replied yes, the rooms are rented and they are spending around $18,000 dollars worth of trees. Sally Pearson, 2500 Kings Court., stated to staff, the percentage calculated does not appear to be correct. She spoke in opposition to the rezoning request and stated this is not the proper place for this facility. Vickie Pier, 2900 Summertree Lane, Summertree Addition, stated being worried about the safety of the children going to school, if some of these people who will be driving. She stated having concerns with the home values including hers. Tony Przano, 2509 Ballantrae Drive, stated the south side of his home will face this development. He spoke in opposition with the rezoning request and stated having concerns with property values. Sean Lucart, 2504 Kings Court, spoke in opposition to the rezoning request with concerns of the property values. However, he stated with proper landscaping, this facility could enhance the value of his property as long as the trees are properly irrigated and maintained so that they will grow. He stated his property value is paramount. He questioned the Commissioners regarding what kind of assurance do we have as property owners that the developer will come through with all of the conditions? H. Frank Yin, 2501 Kings Court, spoke in opposition to the rezoning request. He stated he would like this property to be a transitional area with residential uses. There being no one wishing to speak, the public hearing was closed at 8:45 P.M. Commissioner Duffy questioned staff if the developer will comply with the Land Development Code regarding the 52 parking spaces? Chris Fuller replied they have not indicated that other than what was said at the podium. Commissioner Duffy questioned Chief Johnston if the fire regulations will comply with both the Land Development Code and Fire Code? Chief Johnston replied yes. Planning & Zoning Commission Minutes – April 24, 2006 Page 8 of 10 Commissioner Duffy questioned staff if the parking will comply with the Land Development Code? Chris Fuller replied yes. Commissioner McCormick stated wanting to preserve the green space for the residents rather than having parking spaces. Commissioner Taylor concurred with Commissioner McCormick regarding preserving the green space for the residents whereas the parking spaces are going be empty most of the time. Commissioner McCormick questioned Commissioner Taylor regarding the real estate values of the homes behind this project, will they decrease in value? Commissioner Taylor replied no, those homes that are behind the Kroger addition sell within days of being on the market. Commissioner Byerly questioned staff regarding if this project is consistent with the master thoroughfare plan? Chris Fuller replied this higher density, near a major intersection, is consistent with the master thoroughfare plan. Commissioner McCormick questioned staff regarding what will the tax revenue be for this development versus single family? Chris Fuller replied that has not been calculated yet. Commissioner Taylor stated this being a good use for this land. Commissioner Duffy questioned staff regarding the city boundary lines; the northeast property line from this property is Grapevine, correct? Chris Fuller replied yes. As seen on the drawing, the boundary line for notification stops across the street because that is Grapevine. State law only requires notification to property owners in our city. Chief Johnston stated in lieu on not being able to access all sides of the property, the hose cabinets will be required and this language should be addressed in the ordinance. Commissioner Dudziak questioned Attorney Boyle if it would be out of bounds for the Commission to require the $800 dollar an acre commercial parkland dedication fees for this project versus the single lot residential fee? Attorney Boyle replied only being able to enact that fee according to the schedule and if staff has made the determination that this is a single lot use and that it is classified as residential, then it is a single lot fee. Attorney Boyle stated the Fire Chief’s conditions would be as follows: the hose cabinets shall be provided subject to the review and approval of the Fire Chief. Commissioner Dudziak questioned Mr. Tolsen regarding property devaluation, what does this do to the property values in the area? Mr. Tolsen replied that being a good question, however, we do not operate them, but we do build all over the country. Those concerns have all been evaluated. We have offered to do mega screening for those neighbors. City of Colleyville has everything in place to protect the neighbors. There is not a negative impact or reduction on the property values. Planning & Zoning Commission Minutes – April 24, 2006 Page 9 of 10 Commissioner McCormick made motion to approve case Z-06-008 with the hose cabinets added by the Fire Chief. Commissioner Taylor seconded with staff’s recommendations, as noted in numbers 1 through 7and the Fire Chief’s hose cabinet addition. The motion was approved by the following vote: Aye: McCormick, Dudziak, Taylor, Duffy and Byerly Nay: None TABLED ITEMS 7.Case Z-06-003 – PUBLIC HEARING – Request for a zoning change from AG - Agricultural to R20 - Single Family Residential on 3 acres on Lot 1, Block 1 of the Wilson Estates Addition located at 1304 Tinker Road No discussion on this item was received. 8.Case Z-06-006 – PUBLIC HEARING – Request for a Special Use Permit for an accessory building and a carport on Lot 3, Block 2 of the Apple Valley Addition located at 5105 Apple Valley Commissioner Taylor made motion to continue this public hearing and the case to the Commissioners meeting on May 8, 2006. Commissioner Dudziak seconded. The motion was approved by the following vote: Aye: McCormick, Dudziak, Taylor, Duffy and Byerly Nay: None STAFF REPORTS Chris Fuller thanked Steve Chutchian and Chief Johnston for being here tonight. COMMISSIONER COMMENTS Commissioner Dudziak stated wanting to add the fees are collected even when the homes are going to be demolished. Commissioner Byerly thanked Chris. Commissioner Duffy stated wanting the staff to review the minutes for the Longwood Addition. ADJOURNMENT The Commission adjourned the meeting at 9:00 pm by acclamation. Respectfully Submitted, Amy Shelley Planning and Zoning Assistant Approved on: May 8, 2006 Planning & Zoning Commission Minutes – April 24, 2006 Page 10 of 10