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HomeMy WebLinkAboutPlanning and Zoning Commission-Minutes-5/14/2007City of Colleyville 100 Main Street ~ -~ Colleyville, Texas 76034 E ~ ~~ (817) 503-1000 Minutes -Final vwvw.colleyville.com r' 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. City of Colleyville Page 7 Printed on 5/30/2007 Planning and Zoning Commission Minutes -Final May 14, 2007 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. City of Col/eyville Page 2 Printed on 5/30/2007 Planning and Zoning Commission Minutes -Final May 14, 2007 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. City of Coileyviiie Page 3 Printed on 5/30/2007 Planning and Zoning Commission Minutes -Final May 14, 2007 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. City of Colleyville Page 4 Printed on 5/30/2007 Planning and Zoning Commission Minutes -Final May 14, 2007 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. City of Colleyville Page 5 Printed on 5/30/2007 Planning and Zoning Commission Minutes -Final May 14, 2007 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 City of Colleyville Page 6 Printed on 5/30/2007 Planning and Zoning Commission Minutes -Final May 14, 2007 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 City of Colleyville Page 7 Printed on 5/30/2007 Planning and Zoning Commission Minutes -Final May 14, 2007 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 City of Colleyville Page 8 Printed on 5/30/2007 Planning and Zoning Commission Minutes -Final May 14, 2007 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 City of Colleyville Page 9 Printed on 5/30/2007 Planning and Zoning Commission Minutes -Final May 14, 2007 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. City of Colleyville Page 10 Printed on 5/30/2007