Loading...
HomeMy WebLinkAboutPlanning and Zoning Commission-Minutes-2/26/2007,.~ '~,~~, ~ City of Colleyville ~~~~~~~ ' Minutes -Final ,~.,, Planning and Zoning Commission 100 Main Street Colleyville, Texas 76034 (817) 503-1000 www.colleyville.com Monday, February 26, 2007 7:00 PM City Council Chambers 6:15 P.M. -PRE-COMMISSION WORKSHOP EXECUTIVE CONFERENCE ROOM THIRD FLOOR LEGAL BRIEFING BY CITY ATTORNEY REGARDING PLANNING, ZONING, PLATTING, AND LAND USE REVIEW OF REGULAR AGENDA ITEMS REGULAR MEETING 7:00 P.M. 1. CALL TO ORDER The Planning and Zoning Commission meeting of the City of Colleyville was called to order by Chairman Byerly on February 26, 2007. 2. ROLL CALL Present: Commissioners Dave Dudziak, Scott Redfearn, Mary Taylor, David Phelps, Denis Duffy, Jeff Byerly Absent: Commissioner Robert McCormick Staff Present: Chris Fuller, Barry LeBaron, Fire Marshal Rob McKeown, City Engineer Chad Bartee, Project Engineer Jeremy Hutt, Assistant City Manager Dal Anderson 3. INVOCATION The invocation was given by Commissioner Duffy. 4. PLEDGE OF ALLEGIANCE 5. APPROVAL OF MINUTES Commissioner Byerly stated the two items he recused himself from show he voted on the item. Commissioner Phelps stated a duplication on page 9. Commissioner Byerly stated a misspelling on page 5, ammonites should be ammenities. Commissioner Byerly moved to approve the minutes as corrected. City of Colleyville Page 1 Printed on 5/2/2007 Planning and Zoning Commission Minutes -Final February 26, 2007 Commissioner Duffy seconded. The motion carried by the following vote: Aye: 6 -Dudziak, Redfearn, Taylor, Phelps, Duffy, Byerly Absent: 1 -McCormick 6. CITIZEN COMMENTS REGARDING ITEMS NOT ON THE AGENDA None 7. REGULAR AGENDA ITEMS 7a Approval of annual update regarding land use changes and the Comprehensive Plan, Case G-07-004 Barry LeBaron presented the case and briefed the Commissioners. Commissioner Redfearn complimented staff regarding the effort put forth in the process. Commissioner Redfearn moved to approve case G-07-004 and submit the report to City Council. Commissioner Taylor seconded. The motion carried by the following vote: Aye: 6 -Dudziak, Redfearn, Taylor, Phelps, Duffy, Byerly Absent: 1 -McCormick 8. PUBLIC HEARING AGENDA ITEMS 8a Approval of a Zoning Change request from RE-Residential Estate to PUDR-Planned Unit Development Residential on 4.1 acres on Lots 1 and 2, Block 1 of the Wildwood Estates Addition located at 5604 and 5700 Pool Road, Case Z-07-007 Chris Fuller presented the case and briefed the Commissioners. Commissioner Byerly opened the public hearing at 7:15 p.m. Bryan Blagg with Texas Development Corporation, the applicant, came forward to present the request and brief the Commissioners. Commissioner Duffy questioned Mr. Blagg regarding if they have worked with the neighborhood on this project? Mr. Blagg replied yes, he stated they put out flyers on doors and had a meeting last Tuesday at the church across the street. Commissioner Duffy questioned Mr. Blagg if one story buildings have been considered for this property? Mr. Blagg replied no, he stated City of Colleyville Page 2 Printed on 5/2/2007 Planning and Zoning Commission Minutes -Final February 26, 2007 needing the square footage for financing. Commissioner Duffy questioned Mr. Blagg if they have looked at what numbers they could use for one story facilities? Mr. Blagg replied the one story has been ruled out. Commissioner Taylor questioned Mr. Blagg regarding at what percentage of these are front entry garages? Mr. Blagg stated they are all front entry garages with the streets being public, not private. Commissioner Duffy questioned staff if the fire department has signed off on the project? Chris Fuller replied the fire department did review the application and did not require the access to be wider. He also stated the street dimensions including turning radius would be provided with the construction documents at final platting. Commissioner Redfearn questioned Mr. Blagg regarding if he could describe the open space area? Mr. Blagg replied the open space will have a fountain and each residence will have its own space, with park benches and landscaping. There will be a walking path. He stated the open space is around 43%. Commissioner Redfearn questioned Mr. Blagg if there will be an entrance either westbound or eastbound on Hall Johnson? Mr. Blagg replied no, there is a left turn into the church, however, the architect is still working on the turns. He stated there would not be any obstacles for a left or right turn on Pool Road. Commissioner Duffy questioned Mr. Blagg what is the center building? Mr. Blagg replied it being an architectural lifting of the elevation, to give some break up on the front of the building. He stated they do not spend a lot of money on architectural drawings. He stated the drawings presented tonight are what is going to be built. Mr. Blagg replied there are height restrictions that he will have to follow which is required by the city. Commissioner Dudziak questioned Mr. Blagg regarding what study does he have that would show there is a need for this type of project in Colleyville? Mr. Blagg replied he does not have a study that states there is a need for it in Colleyville. He stated they study the land and see what will fit in the area. Commissioner Dudziak questioned if the resident's ages for the project are older or younger? Mr. Blagg replied they do not get specific on the age, it simply states that there is a buyer who wants a high end home but they do not want the hassels of maintaing a large yard. He stated the buyers are busy people with high incomes. He stated the Homeowners Association (HOA) will maintain the restrictions and guidelines for the community. Cify of Colleyville Page 3 Printed on 5/2/2007 Planning and Zoning Commission Minutes -Final February 26, 2007 Commissioner Redfearn questioned Mr. Blagg regarding if there will be a pool for the facility? Mr. Blagg replied the pool is an option and it has been discussed. He stated the pool could make the HOA payments higher. He stated the fountain was the feature they chose. Commissioner Phelps questioned staff regarding if it is a fact that the fire wall will eliminate the need for a NFPA13R fire protection system? Fire Marshal McKeown replied that is not a fact, regardless of the fire wall or fire petitions, it will still require a NFPA13R fire system. He stated another thing that is key, is that there is not a 20-foot separation, which would mean those two buildings are considered one, which will require a sprinkler system, fire alarm system and a Knox box. Commissioner Phelps questioned Mr. Blagg regarding if this will be something that he will put in place? Mr. Blagg replied those are individual city requirements for which the code is uncertain. Commissioner Duffy questioned Mr. Blagg if he will comply with all city building and fire codes? Mr. Blagg stated yes. Sean Lucart, 2504 Kings Court, spoke in opposition to the request. Doug Harper, 2405 Whitehaven Street North, spoke in opposition to the request. Ed Daniels, 6004 Highland Hills Lane, spoke in opposition to the request. Keith Job, 5803 Whitehaven Street, spoke in opposition to the request. Michael Christy, 5906 Whitehaven Street, spoke in opposition to the request. Douglas Williams, 5807 Highland Hills Lane, spoke in opposition to the request. Sally Pearson, 2500 Kings Court, spoke in opposition to the request. There being no one wishing to speak, the public hearing was closed at 7:56 p.m. Mr. Blagg came forward and stated the buyers of these townhomes would enjoy Colleyville like the neighbors do. Commissioner Taylor moved to deny case Z-07-007. Commissioner Dudziak seconded. Commissioner Taylor stated there have been so many townhomes approved in Colleyville that are still not even off the ground yet. She City of Colleyville Page 4 Printed on 5/2/2007 Planning and Zoning Commission Minutes -Final February 26, 2007 stated she has seen these types of projects in England, but not next to single story residential. Commissioner Byerly concurred with Commissioner Taylor and stated this is not the right project for this neighborhood. Commissioner Phelps stated there is not a note regarding the garbage collection on the proposal. The motion carried by the following vote: Aye: 6 -Dudziak, Redfearn, Taylor, Phelps, Duffy, Byerly Absent: 1 -McCormick 9. TABLED AGENDA ITEMS 9a Approval of a Final Plat of The Villas at Oak Pointe Addition on 20 acres located in the 1600 block of Sanders Lane, Case P-07-009 Commissioner Byerly recused himself from this agenda item. Commissioner Redfearn moved to remove case P-07-009 from tabled items. Commissioner Phelps seconded. The motion carried by the following vote: Aye: 5 -Dudziak, Redfearn, Taylor, Phelps, Duffy Absent: 1 -McCormick Chris Fuller presented the case and briefed the Commissioners. Commissioner Duffy questioned staff regarding the street names? Fire Marshal McKeown replied staff is working with the developer to change some of the street names. Commissioner Dudziak questioned if the HOA documents have been reviewed? Chris Fuller replied yes. Commissioner Dudziak stated to the City Attorney that the language is still not clear regarding who will be replacing those roads. Commissioner Redfearn moved to approve case P-07-009. Commissioner Taylor seconded. The motion carried by the following vote: Aye: 4 -Redfearn, Taylor, Phelps, Duffy Nay: 1 -Dudziak Absent: 1 -McCormick City of Colleyville Page 5 Printed on 5/2/2007 Planning and Zoning Commission Minutes -Final February 26, 2007 9b Approval for a Special Use Permit for alcohol sales on Lot AR of the E.M. Thompson Subdivision located at 5224 Colleyville Boulevard, Case Z-07-003 Commissioner Byerly returned as Chair. Commissioner Duffy moved to remove case Z-07-003 from tabled items. Commissioner Dudziak seconded. The motion carried by the following vote: Aye: 6 -Dudziak, Redfearn, Taylor, Phelps, Duffy, Byerly Absent: 1 -McCormick Chris Fuller presented the case and briefed the Commissioners. Don Noblit, representing the property owner, came forward to brief the Commissioners. He stated it being hard to live with the constraints in the Special Use Permit (SUP). George Haddad, prospective tenant, came forward to answer any questions presented by the Commissioners. Commissioner Byerly questioned Mr. Haddad regarding that previously Mr. Haddad had agreed to banning smoking in the facility, but now wants smoking in the facility. Mr. Haddad stated if smoking is allowed in the entire city, he questioned why should he be treated any differently. Commissioner Byerly questioned Mr. Haddad regarding the alcohol sales in the Bedford location being 80% and the food sales are 20%, is that accurate? Mr. Haddad replied yes, but the facility has only been open for 6 months and he stated it takes awhile to get to the maximum food sales. He stated they have been running specials and promotions for food sales and have seen an increase. Commissioner Dudziak questioned Mr. Haddad regarding the December tax report having a 50/50 split for food and alcohol sales, is that moving closer to the 60/40 split? Mr. Haddad replied yes, he is running more advertisements for food sales. Commissioner Dudziak questioned Mr. Haddad regarding where would the lunch crowd come from for Colleyville? Mr. Haddad replied the facility is on the main strip, with people eating on the patio. He stated there would be flyers sent out as well. Commissioner Duffy questioned Mr. Haddad regarding what is going to be done differently in Colleyville to eliminate the smoke and since the City of Colleyville Page 6 Printed on 5/2/2007 Planning and Zoning Commission Minutes -Final February 26, 2007 tables are high in the Bedford location, where would children sit in the Colleyville facility? Mr. Haddad replied there is a seating chart showing the booths on the north and south side, and the high tables would be in the center. Mr. Haddad stated he has one of the finest exhaust systems for eliminating the smoke in the area. Mr. Noblit stated there is a total building exhaust system currently in the building. Commissioner Redfearn questioned Mr. Haddad regarding the hours of operation in the Bedford location? Mr. Haddad replied 11 am to 2 am, seven days a week. Commissioner Redfearn stated similar facilities in Colleyville operate with an earlier closing time. He questioned Mr. Haddad if an earlier closing time would work? Mr. Haddad replied no sir. He stated the concept has been well known for the past 15 years for attracting the service industry people who get off work at 10-11 pm. He stated the kitchen is open until midnight Sun-Wed and until 1 am Thurs-Sat. He stated he would have sporting events running that will go past 10 and 11 pm. Commissioner Redfearn questioned Mr. Haddad regarding what are the preferred hours? Mr. Haddad replied from 11 am to 2 am seven days a week. Commissioner Duffy questioned the City Attorney regarding what will happen if the Commission places recommendations for the SUP, but the applicant can not accept? Attorney Kallas replied it being up to the applicant to comply with the conditions, if City Council approves the conditions, the applicant would have to comply with those conditions in the SUP. Commissioner Byerly stated Mr. Haddad could go to City Council and request them to override any conditions that the Commission places on the SUP that he can not accept. Attorney Kallas replied that City Council could address any conditions recommended by the Planning and Zoning Commission and do as they deem appropriate. Commissioner Byerly stated only if the Commission denies the request would there have to be a super majority vote by City Council. Discussion occurred between Commissioner Duffy and Attorney Kallas regarding recommendations made by the Planning and Zoning Commission for City Council. Commissioner Byerly moved to approve case Z-07-003 with the following conditions: 1) A termination date of the Special Use Permit for the on-premises sales of alcoholic beverages one year from the date of approval; 2) Alcohol may be served from 11 a.m. to 10 p.m., Sunday through Thursday; 3) Alcohol may be served from 11 a.m. to midnight, Friday and Saturday; 4) A fire sprinkler system and alarm will be installed City of Colleyville Page 7 Printed on 5/2/2007 Planning and Zoning Commission Minutes -Final February 26, 2007 in accordance with the City Local Amendments to the International Fire Code prior to the issuance of a Certificate of Occupancy. Commissioner Redfearn seconded. Commissioner Byerly stated wanting to give Mr. Haddad a chance, but to limit the hours of operation to be consistent with the area as well as give him a year to see if he can get his alcohol and food sales in compliance with Colleyville's ratios. Commissioner Phelps questioned staff regarding if the first condition could be softened? He stated the termination date should be conditional on compliance history only. Attorney Kallas replied with a termination date, the applicant would have to reapply for the entire SUP. There may be other conditions that would need to be tailored in the SUP. Commissioner Duffy questioned Mr. Noblit regarding what is service personnel and where do they come from? Mr. Noblit replied airport people and surrounding restaurants. He stated if the SUP is not tailored for this facility for Mr. Haddad's business, then Mr. Haddad does not wish to go any further, it would not be of any interest to him. Commissioner Duffy asked Mr. Noblit to confirm that he does not want to go to City Council in hopes of them overriding the recommendation set forth by the Commission? Mr. Noblit agreed, unless the Commission can accept what Mr. Haddad has proposed. Attorney Kallas stated there has not been a vote on the motion made. He questioned Mr. Noblit if they are wanting to withdraw the request before the vote is made? Mr. Noblit replied not knowing if that is appropriate at this time. He stated if the motion passes, then they will not move forward. Commissioner Byerly stated to Mr. Noblit if these conditions are approved, then the applicant can move forward to City Council and ask for conditions other than what is approved. Commissioner Byerly stated City Council has overridden the Commissioner's decisions many times. He stated the City wishes to see a business in this building. Mr. Noblit replied that is why he put his name on the line. He stated if Mr. Haddad is not a good neighbor, then he will take care of those issues. He stated Mr. Haddad can not be held responsible for what has happened in the past because he is coming in under good faith to be a good tenant. Mr. Haddad stated he is willing to put good money into this project, about $150,000 out of pocket and did not want to be interrogated and questioned and compared to previous people. He stated his record speaks for itself and he stated being a man of integrity. He stated he is creating jobs and bringing a good business to the community, there will be people moving into Colleyville to get closer to their jobs. He stated City of Colleyville Page 8 Printed on 5/2/2007 Planning and Zoning Commission Minutes -Final February 26, 2007 his record speaks for itself. He stated he runs his business with dignity and integrity. He stated his taxes are paid on time. He stated he has never been put in front of a council over here and interrogated based on the fact that you had failures in your business here at 5224 Colleyville Boulevard. He stated he will not stand here and be compared to those people. He stated he runs a tight ship and his business is successful and has been successful for 15 years. He stated not having a good taste for this city anymore. Commissioner Phelps stated having an issue with approving the motion with the termination date. He stated the rest is consistent with the other businesses in Colleyville. Commissioner Byerly stated there does not need to be a bar in that location and the termination date or renewal date for the SUP in a year would make sure that the facility is in compliance with the 60/40 ratio. Commissioner Phelps stated by reducing the hours of operation, the alcohol consumption will reduce as well. Commissioner Redfearn stated the SUP requires special conditions, it is among the Commission to uphold those conditions and the conditions in the motion will accomplish the safety and well being of the development of our community. Commissioner Taylor stated Mr. Haddad runs a bar in Bedford which he is trying to make in to a restaurant. She stated he said he can not make it without that night crowd. Yet, all of the other restaurants can make it with those hours of operation. Commissioner Duffy questioned Attorney Kallas regarding if there is a difference if Mr. Noblit withdraws his request either before or after the vote on the motion? Attorney Kallas replied if the motion is approved, he can withdraw the request before moving to City Council. There is really no difference. Commissioner Dudziak stated there not being a lot of successful restaurants along Colleyville Boulevard, maybe the restrictions are too tight. The motion dies by the following vote: Aye: 3 -Redfearn, Duffy, Byerly Nay: 3 -Dudziak, Taylor, Phelps Absent: 1 -McCormick Commissioner Phelps moved to approve case Z-07-003 with the City of Colleyville Page 9 Printed on 5/2/2007 Planning and Zoning Commission Minutes -Final February 26, 2007 following conditions: 1) Alcohol may be served from 11 a.m. to 10 p.m., Sunday through Thursday; 2) Alcohol may be served from 11 a.m. to midnight, Friday and Saturday; 3) A fire sprinkler system and alarm will be installed in accordance with the City Local Amendments to the International Fire Code prior to the issuance of a Certificate of Occupancy. Commissioner Duffy seconded. Commissioner Phelps stated the time constraints would not lend itself to have a successful bar facility. Commissioner Redfearn questioned staff regarding a SUP with no expiration date, under what ownership, under what managementship? Attorney Kallas replied the SUP will remain with the property until changed by City Council. Commissioner Duffy questioned City Attorney Kallas if City Council could revoke the SUP with proper cause? Attorney Kallas replied yes. Commissioner Duffy concurred with Mr. Haddad, to spend the money on the facility for the SUP to go away in one year could hurt the applicant. He concurred with Commissioner Phelps regarding the hours of operation. He stated what is being done with this SUP is proper for Colleyville. The motion dies by the following vote: Aye: 3 -Phelps, Duffy, Byerly Nay: 3 -Dudziak, Redfearn, Taylor Absent: 1 -McCormick Commissioner Phelps moved to approve case Z-07-003 with the following conditions: 1) Alcohol may be served from 11 a.m. to 10 p.m., Sunday through Thursday; 2) Alcohol may be served from 11 a.m. to midnight, Friday and Saturday; 3) A fire sprinkler system and alarm will be installed in accordance with the City Local Amendments to the International Fire Code prior to the issuance of a Certificate of Occupancy. Commissioner Redfearn seconded. The motion carried by the following vote: Aye: 4 -Redfearn, Phelps, Duffy, Byerly Nay: 2 -Dudziak, Taylor Absent: 1 -McCormick 10 STAFF COMMENTS, REPORTS AND DISCUSSION ITEMS None City of Colleyville Page 10 Printed on 5/2/2007 Planning and Zoning Commission Minutes -Final February 26, 2007 11. COMMISSIONERS' COMMENTS AND REPORTS Commissioner Duffy stated Code Enforcement is difficult and has evolved as it goes along. He stated wanting Code Enforcement to enforce all codes in Colleyville especially this one so that there will be history documented. Commissioner Phelps questioned staff regarding altering the hours of operation, where can those conditions be introduced. Attorney Kallas replied City Council will have to amend the Code of Ordinances. 12. ADJOURNMENT Meeting adjourned at 9:15 p.m. I hereby certify the above agenda was posted on the bulletin boards at City Hall on Thursday, February 22, 2007 by 5:00 p.m. Amy Shelley, Planning and Zoning Assistant Meeting minutes approved on March 12, 2007. City of Colleyville Page 11 Printed on 5/2/2007