HomeMy WebLinkAboutPlanning and Zoning Commission-Minutes-5/14/2007City of Colleyville 100 Main Street
~ -~ Colleyville, Texas 76034
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Minutes -Final vwvw.colleyville.com
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Planning and Zoning Commission
Monday, May 14, 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 May 14, 2007
at 7:03 p.m.
2. ROLL CALL
Present: Commissioners Scott Redfearn, Mary Taylor, David
Phelps, Denis Duffy, Jeff Byerly
Absent: Commissioner David Dudziak
Staff Present: Chris Fuller, Jeremy Hutt, Mike Johnston, Scott
Welmaker and Amy Shelley
3. INVOCATION
The invocation was given by Commissioner Phelps.
4. PLEDGE OF ALLEGIANCE
5. APPROVAL OF MINUTES
Commissioner Redfearn moved to approve the April 23, 2007 meeting
minutes with the correction on page 11, change the "here" to "hear".
Commissioner Taylor seconded.
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The motion carried by the following vote:
Aye: 5 -Redfearn, Taylor, Phelps, Duffy, Byerly
Absent: 1 -Dudziak
6. RECOGNITION OF OUTGOING MEMBER
Commissioner Byerly thanked Robert McCormick for his service as a
Planning and Zoning Commissioner.
7. ADMINISTER OATH OF OFFICE FOR NEWLY APPOINTED MEMBER
Recording Secretary Amy Shelley administered the Oath of Office to the
newly appointed Planning and Zoning Commissioner, Larry Knox. He
then took his seat on the Commission and a new roll was called by
Commissioner Byerly.
Present: Commissioners Larry Knox, Scott Redfearn, Mary Taylor,
David Phelps, Denis Duffy and Jeff Byerly
Absent: Commissioner David Dudziak
8. CITIZEN COMMENTS REGARDING ITEMS NOT ON THE AGENDA
None
9. REGULAR AGENDA ITEMS
9a Approval of Minor Plat for Lot 1, Block 1 of the Toth Addition located at
2108 Glade Road, Case P-07-023
Chris Fuller presented the case and briefed the Commission.
Commissioner Duffy questioned staff regarding which direction will the
new home face? Chris Fuller replied not knowing at this time, the
property owner can choose either Montclair or Glade Road at the time a
building permit is applied.
Commissioner Redfearn moved to approve case P-07-023.
Commissioner Taylor seconded.
The motion carried by the following vote:
Aye: 6 -Knox, Redfearn, Taylor, Phelps, Duffy, Byerly
Absent: 1 -Dudziak
9b Approval of Final Plat for Lots 1-13, Block 1 of the Highland Park
Addition located at 5800 Pool Road, Case P-07-024
Chris Fuller presented the case and briefed the Commissioners.
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Commissioner Redfearn questioned staff regarding if the open space
requirements have been met? Chris Fuller replied yes.
Commissioner Duffy questioned staff regarding if the drainage for this
development has been approved? Chris Fuller replied yes, the Highland
Meadows addition adjacent to this development has been constructed to
facilitate the run off for this development.
Commissioner Byerly questioned staff regarding if the waivers that were
approved for this development were at the City's request? Chris Fuller
replied the waiver depths were a request by the developer, however, the
set back from 35 feet to 25 feet was at the request of staff given the
building envelope size.
Commissioner Duffy moved to approve case P-07-024. Commissioner
Phelps seconded.
The motion carried by the following vote:
Aye: 6 -Knox, Redfearn, Taylor, Phelps, Duffy, Byerly
Absent: 1 - Dudziak
10. PUBLIC HEARING AGENDA ITEMS
10a Request by the Vanguard Estates residents to gate the Vanguard
Estates Addition located on Bandit Trail and Vanguard Court, Case
G-07-009
Chris Fuller presented the case and briefed the Commission.
Commissioner Redfearn questioned staff regarding if the gate would
have an Opticom system installed? Chris Fuller replied yes.
Commissioner Redfearn questioned staff regarding if the Engineering
Department has an accurate cost to maintain Vanguard Court? Chris
Fuller replied the Engineering Department looked at what the actual real
day cost would be for maintaining a fund for the eventual replacement in
approximately 20 to 25 years being 800 to 850 linear feet and
determined that the cost would be $500 per lot per year.
Commissioner Duffy questioned staff regarding what takes precedence,
the number of homes or the distance to the cul-de-sac for fire
protection? Chris Fuller replied there are thresholds for both.
Commissioner Duffy questioned staff regarding the 18 homes are
approved without sprinkler systems? Chris Fuller replied that when this
development was platted, those homes were approved without sprinkler
systems.
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Commissioner Duffy questioned staff regarding what are the fire plug
requirements in the development? Commissioner Byerly replied all of
that has been approved at the time of final plat approval. Commissioner
Duffy questioned staff, for clarity, if this is gated, will there be a liability as
far as fire protection response time delay? City Attorney Kallas replied
that the City Attorney's office is comfortable with this being a gated
community as the Fire Chief has already reviewed and accepted the
proposal as presented.
Commissioner Phelps questioned staff regarding if the wall shown on the
exhibit is a proposed wall or if it is an existing wall? Chris Fuller replied
the dark wall on both sides of the streets is the existing wall and the
curves in the wall are an extension of the existing perimeter fence.
Commissioner Phelps stated being concerned regarding the wall in front
of Lot 1, will that create a risk for coming out of the driveway? Chris
Fuller replied should City Council approve the gated request, the
applicants will be required to come forth with an amended plat which will
show Vanguard Court as a lot and designate it as a private lot,
maintained and owned by the Homeowners Association. At which point,
staff will require, for clarity, a fence easement be put for that lot for the
maintenance and ownership of that portion of the subdivision fence.
Commissioner Phelps questioned staff regarding how were the
calculations made regarding the fee for the maintenance of the street,
has it been calculated by using the linear feet of the street divided by the
number of homes and was it proportional to the amount of frontage?
Chris Fuller replied not knowing if it was proportional to the amount of
frontage, but it was calculated by the number of linear feet divided by the
number of homes.
Commissioner Duffy questioned staff regarding what is meant by this
statement from the briefing: Approval of the request would additionally
require approval of an amended plat or the approval of the abandonment
of the public right-of-way in the development. Chris Fuller replied if the
gated request is approved by City Council, then there will be a note on
the amending plat stating that Vanguard Court will be a private lot owned
and maintained by the Homeowners Association.
Commissioner Byerly opened the public hearing at 7:22 p.m.
Gene Lukacsy, 7201 Vanguard Court, President of the Homeowners
Association, spoke in favor of the request.
Keith Kithsiri, 7309 Vanguard Court, spoke in favor of the request.
Todd McNitt, 7200 Vanguard Court, spoke in favor of the request.
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There being no one wishing to speak, the public hearing was closed at
7:28 p.m.
Commissioner Phelps questioned staff regarding if this development is
fully developed? Chris Fuller replied it being very close to being fully
developed.
Commissioner Phelps stated the minimum is the $75 per lot, but the
actual requirement to adequately fund the replacement of the street
would be about $500 per lot per year. Mr. Kithsiri stated all of the
homeowners are in agreement to that amount.
Commissioner Redfearn questioned how much of the traffic is
associated with the construction of the lots? Mr. Kithsiri replied there are
18 lots total, 13 of which are completed, three to be completed within the
next four months and two lots for sale. Commissioner Redfearn
questioned Mr. Kithsiri if most of the concerns would go away once the
construction was to be completed? Mr. Kithsiri stated he did not feel the
traffic or issues were related to the construction or the workers.
Commissioner Taylor questioned if the gates are going to be left open
during the day for the potential buyers? Mr. Kithsiri replied those
potential buyers would be accommodated.
Commissioner Taylor questioned Mr. Kithsiri if the adjacent
development, Chanel's Court Addition, will be gated ? Mr. Kithsiri replied
not having plans to gate this development at this time but would like to
keep the option available.
Commissioner Duffy moved to approve case G-07-009 with the
requirement that the Homeowners Associations dues be $500 per lot per
year for the maintenance fund of the street. Commissioner Taylor
seconded.
Commissioner Duffy stated he would like to see the $500 per lot per year
so that the city would not have to fund the replacement of that street as
the city has had to do so in other parts of the city.
Commissioner Byerly concurred and thanked the Homeowners
Association for being so readily acceptable to the additional fee needed
to properly fund the street for the possible replacement.
Commissioner Phelps questioned staff regarding how can the $75 be
changed in the code to better reflect the actual dollar amount needed to
fund the replacement of streets? Chris Fuller acknowledged.
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The motion carried by the following vote:
Aye: 6 -Knox, Redfearn, Taylor, Phelps, Duffy, Byerly
Absent: 1 - Dudziak
10b Approval for a Special Use Permit for a cell tower on Lot 1 R, Block 1 of
the Nystel Addition located at 1815 John McCain, Case Z-07-002
Chris Fuller presented the case and briefed the Commission.
Commissioner Redfearn questioned staff regarding what is the current
zoning for this property? Chris Fuller replied ML-Light Manufacturing.
Commissioner Redfearn questioned staff regarding what is the Special
Use Permit for on the adjacent property? Chris Fuller replied for indoor
only automobile sales.
Commissioner Byerly opened the public hearing at 7:40 p.m.
Peter Kavanagh, the applicant, came forward to present the request and
brief the Commission.
Commissioner Redfearn questioned Mr. Kavanagh regarding if there
were any other towers that Verizon could use in the area? Mr. Kavanagh
replied most were too far out of their pattern area. Commissioner
Redfearn questioned how is it known that there is a need for one in this
location? Mr. Kavanagh stated their system knows when there are
dropped calls, measures the activity or use, and people will report when
their phones do not work.
Commissioner Phelps questioned if there will be a flag for this tower
considered? Mr. Kavanagh replied there has not been one discussed for
this location, but if the property owner would like one, they would be
accommodated. He stated the flags are maintained by the property
owner.
Commissioner Duffy questioned if the color of the poles has ever been
changed? Mr. Kavanagh replied yes, some are beige, gray or whatever
the property owner recommended.
Commissioner Duffy questioned if there is sufficient access to the pole
and are the utilities currently in place? Mr. Kavanagh replied yes.
There being no one wishing to speak, the public hearing was closed at
7:52 p.m.
Commissioner Phelps questioned 'for legal clarification what are the
guidelines for recommending approval or denial for requests such as
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this? City Attorney Kallas discussed the Telecommunications Act of
1996 which puts forth some guidelines as well as the compliance with
zoning ordinances for cities.
Commissioner Phelps moved to approve case Z-07-002. Commissioner
Redfearn seconded.
Commissioner Redfearn stated the applicant is willing to work with the
neighbors regarding the appearance and color of the pole.
Commissioner Byer(y concurred and stated the citizens are welcome to
come to the City Council hearings and request a certain color or any
other suggestions for aesthetics reasons.
The motion carried by the following vote:
Aye: 6 -Knox, Redfearn, Taylor, Phelps, Duffy, Byerly
Absent: 1 - Dudziak
10c Approval of a request by The Dimension Group to amend the zoning and
development requirements of the Planned Unit Development of the
Starbucks Addition, located at 5520 Colleyville Boulevard, Case
Z-07-015
Chris Fuller presented the case and briefed the Commission.
Commissioner Redfearn questioned staff regarding the proposed
ordinance language being presented tonight has both the rezoning from
AG-Agricultural to PUDC-Planned Unit Development Commercial and it
also has the language to increase the size of the bank? Chris Fuller
replied correct. Commissioner Redfearn questioned staff regarding if
those two ordinances should be separated? Chris Fuller replied
because this is aPUDC-Planned Unit Development Commercial these
are simply different developmental standards which are considered
together.
Commissioner Phelps questioned staff regarding was the 4,000 square
foot a standard, or was that what was required at that time? Chris Fuller
replied the original institution that was going to go on this site may have
required the 4,000 square feet and the existing tenant requires more
square feet than originally proposed. He stated Scott Welmaker, the
Economic Development Manager, may be able to clarify.
Commissioner Redfearn stated at the time that this came forth initially in
2004, the Commission was not aware of the new alignment for Church
Street. Chris Fuller replied in 2004 when this came forth and the City
owned the property, the intent was to procure the right of way for State
Highway 26 improvements and the realignment of Church Street, not
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necessarily for the development of the property. In 2005, when the
potential tenants came, that is when the uses were amended.
Commissioner Duffy questioned staff if the tree survey has been
submitted and is it being considered here? Chris Fuller replied the
applicant has met and will exceed the code regarding the standards.
Commissioner Duffy stated this is a heavily wooded area, but it is good
that the developer is willing to exceed the code for replacing the trees.
Jeremy Hutt, Project Engineer, City of Colleyville, stated the cul-de-sac is
intended for fire access only.
City Attorney Kallas stated the alignment of Church Street is not before
the Commission for discussion regarding this amendment to the zoning.
Scott Welmaker, Economic Development Manager, came forward to
brief the Commission regarding the development of these properties.
Commissioner Phelps questioned staff regarding if the proposed
amendment includes all of the property located along Church Street and
next to the cu(-de-sac? Mr. Welmaker replied correct and this project will
clean a lot of the realignment parcels.
Commissioner Duffy questioned staff regarding how are the arrows as
indicated on the drawings to get in and out onto SH26? Chris Fuller
replied the existing Church Street off of SH26 will be a driveway from this
property, it will serve both developments.
Commissioner Redfearn questioned staff if this PUD development
extends south? Chris Fuller replied that being the portion that had been
incorporated into the entirety of the ordinance and it is Lot 2, Block 1 of
the Starbucks Addition. Lot 1, Block 1 of the Starbucks Addition is what
is being presented tonight and the amendment does not apply to that Lot
2.
Commissioner Byerly opened the public hearing at 8:16 p.m.
Harry Chapman, representing N3 Capital, the property owner, came
forward to brief the Commission.
Kevin Patel, Engineer for N3 Capital, came forward to brief the
Commission.
Commissioner Taylor questioned Mr. Chapman if any other retail
generating business had been considered for this property? Mr.
Chapman stated they have tenant relationships with a lot of commercial
entities, however, this bank has been trying to get into this market and
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has been pursuing us for this property.
City Attorney Kallas stated the use of the bank has already been
approved and the original PUD is not being considered. The only
consideration that is relevant to the Commission's consideration should
be the use of the expanded portion. This has not been noticed to
consider the original PUD as a public hearing and if the comments and
discussion could be focused more on the use of the expanded part
would be covered on the record.
Mr. Chapman stated he appreciated the comments and if they could
have gotten another tax generating business for this property, they would
have done so already.
Commissioner Redfearn questioned Mr. Patel regarding what is included
in the property, parking and landscaping? Mr. Patel and Mr. Chapman
used the drawings to show the Commission what is included in the
project.
Commissioner Phelps questioned Mr. Chapman if both properties are
owned by N3 Capital? Mr. Chapman replied no, they no longer own the
lot for Starbucks. Commissioner Phelps stated having concerns for the
design of the shared exit or entrance between Starbucks and the bank
exit, looks very narrow. He stated Starbucks has a lot of morning traffic.
Mr. Chapman stated this design for this entrance and it's location and
the traffic pattern is what has been worked out with engineering and it
was their opinion, city engineering, and he stated being willing to work
with what had been suggested. He stated N3 Capital is paying for the
portion in front of Starbucks for the new Church Street realignment. He
stated once this realignment is completed, there will be a better traffic
flow for the new bank and Starbucks.
There being no one wishing to speak, the public hearing was closed at
8:30 p.m.
Commissioner Byerly moved to approve case Z-07-015. Commissioner
Knox seconded.
Commissioner Byerly stated this is to increase the size of the property
for an existing use and creating a use for a piece of property that would
not have a use otherwise.
Commissioner Taylor stated she disagreed and stated there could be
other uses for this property other than a non-revenue generating
business.
Commissioner Phelps questioned Mr. Chapman regarding why the 4,700
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square feet versus the 4,000 square feet? Mr. Chapman replied that
being a request by Wells Fargo for their square footage requirement.
Commissioner Redfearn questioned staff regarding if the parking spaces
are met for this use? Chris Fuller replied the site plan requirements are
met for the parking requirements.
Commissioner Redfearn questioned staff if the language in the
ordinance addresses the masonry screening wall, is that something
new? Chris Fuller replied that being in the ordinance approved in 2004
and in 2005 it was revised for a five plant screening wall because of the
realignment of Church Street.
The motion carried by the following vote:
Aye: 4 -Knox, Redfearn, Phelps, Byerly
Nay: 2 -Taylor, Duffy
Absent: 1 - Dudziak
11. STAFF COMMENTS, REPORTS AND DISCUSSION ITEMS
None
12. COMMISSIONERS' COMMENTS AND REPORTS
Commissioner Taylor stated this Commission is the Planning and Zonig
Commission and planning needs to be considered when these new
businesses are being put on the streets.
13. ADJOURNMENT
The meeting adourned at 8:36 p.m.
I hereby certify the above agenda was posted on the bulletin boards at City Hall
on Thursday, May 10, 2007.
Amy Shelley, Planning and Zoning Assistant
Meeting minutes approved on May 29, 2007.
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