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HomeMy WebLinkAboutPlanning and Zoning Commission-Minutes-6/11/2007"~~ City of Colleyville ~~~~ Minutes -Final ,,~: LEGAL BRIEFING BY CITY ATTORNEY REGARDING PLANNING, ZONING, PLATTING, AND LAND USE 100 Main Street Colleyville, Texas 76034 (817) 503-1000 www.colleyville.com Monday, June 11, 2007 7:00 PM City Council Chambers 6:15 P.M. -PRE-COMMISSION WORKSHOP EXECUTIVE CONFERENCE ROOM THIRD FLOOR DISCUSSION OF PREVIOUS MEETING MINUTES REVIEW OF REGULAR AGENDA ITEMS REGULAR MEETING 7:00 P.M. 1. CALL TO ORDER Planning and Zoning Commission The Planning and Zoning Commission meeting of the City of Colleyville was called to order by Chairman Byerly on June 11, 2007 at 7:00 p.m. 2. ROLL CALL 3 4. 5. Commissioner Dudziak moved to approve the May 29, 2007 meeting minutes with the correction on page 5, first paragraph to read "willing to rely on easement back there to a second lot." Commissioner Phelps seconded. Present: Commissioners Larry Knox, Dave Dudziak, Scott Redfearn, Mary Taylor, David Phelps and Jeff Byerly Absent: Commissioner Denis Duffy Staff Present: Chris Fuller, Ron Ruthven, Rob McKeown, Jeremy Hutt and Amy Shelley INVOCATION The invocation was given by Commissioner Dudziak. PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES City of Colleyville Page 1 Printed on 7/5/2007 Planning and Zoning Commission Minutes -Final June 11, 2007 The motion carried by the following vote: Aye: 6 -Knox, Dudziak, Redfearn, Taylor, Phelps, Byerly Absent: 1 -Duffy 6. 7. 8 CITIZEN COMMENTS REGARDING ITEMS NOT ON THE AGENDA None REGULAR AGENDA ITEMS None PUBLIC HEARING AGENDA ITEMS 8a Approval of a Special Use Permit for a carport on Lot 8, Block 5 of the Woodbriar Estates West Addition located at 3717 Brentwood Court, Case Z-07-017 Chris Fuller presented the case and briefed the Commission. Commissioner Byerly opened the public hearing at 7:07 p.m. There being no one wishing to speak, the public hearing was closed at 7:08 p.m. Commissioner Byerly moved to approve case Z-07-017. Commissioner Taylor seconded. The motion carried by the following vote: Aye: 6 -Knox, Dudziak, Redfearn, Taylor, Phelps, Byerly Absent: 1 -Duffy 8b Approval of a zoning change from CC2-Shopping Center and R40-Single Family Residential to PUDR-Planned Unit Development Residential on 20.57 acres out of the R.N. McEwing Survey and Lots 1 and 2, Block 1 of the Reed Addition, located at 931-1013 McDonwell School Road and 1100 Lavaca Trail, Case Z-07-018 Chris Fuller presented the case and briefed the Commission. Commissioner Phelps questioned staff regarding if the intent for the open space is to be common use land or unoccupied, grassy areas? Chris Fuller replied the intent is for the use of the private residents. Commissioner Taylor questioned staff regarding how tall is the "Welcome" sign the developer has presented? Chris Fuller replied the developer has provided examples of monument signs, however, development standards for the sign have not been provided. Cify of Colleyville Page 2 Printed on 7/5/2007 Planning and Zoning Commission Minutes -Final June 11, 2007 Commissioner Byerly opened the public hearing at 7:13 p.m. John Fegan, the applicant, came forward to present the case and brief the Commission. Konstantine Bokintas, applicant's engineer, came forward to help with the presentation. Mr. Fegan passed out a rendering of the "Welcome" sign with it being 12 feet tall on one end and 5 feet tall on the other end. Commissioner Redfearn questioned Mr. Fegan regarding if the 3 lots on Lavaca Trail are included in the PUD? Mr. Fegan replied they will be included in the PUD; however, they are larger lots, to continue with the feel on Lavaca Trail. Commissioner Phelps questioned Mr. Fegan regarding a possible street, instead of a cul-de-sac, that would continue further south? Mr. Fegan replied all of the HOA Board members in the area were against the straight street. Commissioner Dudziak questioned Mr. Fegan regarding if the HOA funds of $300 per lot, per year, will be sufficient enough for the maintenance of the wall surrounding the development as well as the drainage and streets? Mr. Fegan replied the $300 will be designated for the maintenance of the streets and the HOA will have a separate maintenance fee designated for landscaping and for the grounds upkeep. Commissioner Dudziak questioned Mr. Fegan regarding what is this development going to offer since the open space percentage is lower than the 20% that is required? Mr. Fegan replied this development will be addressing the flooding issues that are out there on Lavaca Trail, establishing an aesthetic pond system, walking trails and an additional 25% more tree for this development. Commissioner Dudziak questioned Mr. Fegan if those conditions are included in the PUD ordinance? Mr. Fegan replied he would be more than willing to put those in the ordinance. Commissioner Dudziak questioned Mr. Fegan regarding his traffic study, what is the difference between staff calculations with the developer's calculations? Mr. Bokintas replied there are different ways to calculate traffic impacts and with the primary owners being empty nesters, he felt it necessary to lower the factor from 9.56 to 8, either way being approximations. Commissioner Dudziak questioned Mr. Bokintas regarding if those additional cars on McDonwell School Road are acceptable for an already extremely crowded area? Mr. Bokintas stated they did not do a global traffic impact analysis. He stated they simply looked at how many trips are generated from this specific development City of Colleyville Page 3 Printed on 7/5/2007 Planning and Zoning Commission Minutes -Final June 11, 2007 using this particular approach. He stated if this acreage is developed consistent with the land use plan where there would be about half office and half residential, the traffic impact would double, adding to the issue. He stated although they have not solved the issue on McDonwell School Road, they feel this development would be better. Commissioner Byerly questioned Mr. Fegan regarding if he had given any thought to having those south lots along the cul-de-sac, basically all of the lots on the Lavaca Trail tract, to be consistent with the R20 zoning district requirements? Mr. Fegan replied he felt like the three lots along Lavaca Trail would be consistent with the area. Commissioner Byerly questioned Mr. Fegan regarding if he had thought about putting lower density next to the school? Mr. Fegan replied not wanting to put lower density, then higher density. He stated he did not want that look to his project. Commissioner Taylor questioned Mr. Fegan if he is the developer that is developing right next to the Lavaca Trail property, Lavaca Parc addition? Mr. Fegan replied yes. Commissioner Taylor questioned Mr. Fegan regarding the drainage issues, have those issues been resolved? Mr. Fegan replied he has resolved those issues by eliminating that channel that ran in the middle of those two properties. Mr. Bokintas replied this project will enhance the situation and there will be some below grade drainage installed to direct the water flow to the Meadows Creek addition as well as along Lavaca Trail to the south. He stated the reconstruction of Lavaca Trail and McDonwell School Road would eliminate the larger issue with drainage, with storm drain systems. Commissioner Redfearn replied the issue being just west of Rosewood Villas, in the channel that ran south and out onto Lavaca Trail. Mr. Bokintas stated they have done a preliminary drainage analysis and they anticipate taking the run off from Rosewood Villas and taking the water south in a storm drain system and some will flow to the ponds. Commissioner Taylor stated there is a storm drain system that comes from McDonwell School Road and dumps on that east corner. Mr. Bokintas stated there are several discharge points, but will not know until having further evaluated the situation. Commissioner Phelps questioned Mr. Fegan regarding the connector for a future walking path that exists in the gated community and goes over into Rosewood Villas? Mr. Fegan replied that was put on the exhibit as a conceptual walking path, unless Rosewood Villas would agree to that path, it will be wrapped around the development differently. Commissioner Dudziak questioned Mr. Fegan regarding if the sidewalks could be constructed of concrete, for a more permanent solution? Mr. City of Colleyville Page 4 Printed on 7/5/2007 Planning and Zoning Commission Minutes -Final June 11, 2007 Fegan replied he could do so. Commissioner Dudziak questioned Mr. Fegan regarding why are there not any sidewalks in greenbelt areas? Mr. Fegan replied on the elementary side they could put in sidewalks, however, he stated he did not want to do that on the east side between Rosewood Villas for the privacy of both the back of the lots, but he stated he could. Commissioner Dudziak stated the open space areas are to be used by all of the residents of all the community, not individual lot owners. Commissioner Taylor replied that being a great concept, but in reality those become back yards. In Rosewood Villas, those are not fenced off. Mr. Fegan replied he was going to leave it up to the individual homeowner because there is a concrete wall between Rosewood Villas and this development. He stated on the school side, there is a fence in place and he is going to place a treescape in front of that fence for a more open feel. Commissioner Dudziak questioned Mr. Fegan if the sidewalks can be placed around the detention ponds, at least? Mr. Fegan concurred. Commissioner Redfearn questioned Mr. Fegan regarding if the setback lines on the lots to the south along Lavaca Trail would be consistent with the R20 zoning requirements? Mr. Fegan replied yes, they will appear as they are out on their own, but they are a part of this PUD. Commissioner Phelps stated there being a less than minimum on the open space. He stated he would like to see more commonality or designed into this development, the front wall prohibits the loop to go around the development. Mr. Fegan replied he could put in a walking path all the way around the development, he stated he did not have an issue with that. Commissioner Taylor questioned Mr. Fegan if Lot 45 could be taken out, maybe to give more to the open space requirement? Mr. Fegan concurred and stated he could eliminate that lot. Commissioner Phelps questioned Fire Marshal Rob McKeown regarding if having the island in the cul-de-sac would hinder the emergency vehicles from going around it? Marshal McKeown agreed that if there is a 50 foot turning radius, then there would not be any issue. Mr. Bokintas replied the code was followed with the design of the cul-de-sac to accommodate the turning radius. Commissioner Redfearn questioned Mr. Fegan regarding what does the market predict for this product? Mr. Fegan replied, without advertising, he has had seven or eight builders call and say they want to buy eight to 10 lots out of this development, all at one time. City of Colleyville Page 5 Printed on 7/5/2007 Planning and Zoning Commission Minutes -Final June 11, 2007 Commissioner Taylor stated this being the hottest real estate market for this type of product. Commissioner Taylor questioned Mr. Fegan regarding where would the monument sign be placed? Mr. Fegan replied across the street on the one acre tract and also on the northwest corner of this development on McDonwell School Road. Commissioner Phelps questioned staff if there are any design criteria regarding monument signs? Chris Fuller replied that would be something staff could research and present to the Commission at a future date. Tony Johann, 6819 Fallbrook Court, spoke in favor of the rezoning request and stated liking the welcome to Colleyville signs and would like to see other monument signs in other areas of Colleyville. Doug Terry, 717 Arcady Lane, stated being familiar with the traffic conditions in Colleyville. He stated he supported the development and stated this is what the area needs. He stated being opposed to having a straight street through to Lavaca Trail. Dennis Johnson, 901 Montreaux Avenue, stated not supporting this request with concerns to high density and issues with trafFc. Dave Randolph, 6724 Zermatt Court, spoke in support of the rezoning request and stated having an issue if the street were to be put through as a straight street. Tim Edwards, 6501 Lorraine Park, spoke in favor of the rezoning request and stated not wanting the street to go straight through. Bill Glasgow, 6400 Bordeaux Park, spoke in favor of the rezoning request and delighted to see the plan Mr. Fegan has presented. He stated being opposed to seeing a straight street from McDonwell School Road to Lavaca Trail. Aubra Palmer, 6406 Lorraine Park, spoke in favor of the rezoning request and stated this being an improvement than the current condition of the property. Jeffery Zimmerman, 501 Lavaca Trail, spoke in favor of the rezoning request and stated being opposed at the street going through to McDonwell School Road. He stated being in favor of the R20 lots that will face Lavaca Trail. City of Colleyville Page 6 Printed on 7/5/2007 Planning and Zoning Commission Minutes -Final June 11, 2007 There being no one wishing to speak, the public hearing was closed at 7:58 p.m. Mr. Fegan came forward and stated being in favor of doing the walking paths in either crushed granite or concrete. He stated the traffic will be better with residential than with commercial. Commissioner Phelps questioned staff regarding what is the provision for the children walking to school, is there a side walk for those children to get to school across that property? Commissioner Redfearn replied when the Covington addition came in, the trail was going to be moved to the west side of the development so that children could walk to school. Chris Fuller replied there will be sidewalks along Lavaca Trail as the properties are developed. He stated the trail will be developed. Commissioner Taylor moved to approve case Z-07-018 with the stipulation to take out Lot 45 and leave it as greenbelt. Commissioner Phelps seconded. Commissioner Dudziak stated there were a few more amendments that were discussed, such as the concrete sidewalk and 25% additional trees. Both Commissioner Taylor and Commissioner Phelps accepted the friendly amendments. Commissioner Dudziak questioned staff if the offer of the monument sign would need to be placed in the ordinance? City Attorney Kallas replied the developer has in there the monument sign and is still working on the details. The Commission may add similar to the ones presented at the meeting. Commissioner Taylor stated the developer will have to come before the Commission to get both sides. Commissioner Dudziak questioned staff regarding the concrete paths behind the lots, the developer offered to do it on the west side, but maybe not on the east side. Commissioner Taylor stated when there is a walk path behind a residence, it takes away from the privacy of the resident and the purpose of the greenbelt area is to truly be a greenbelt area. She stated if people want to walk on the grass, they can do so. Commissioner Dudziak stated the code is written for the open space to be for the use of all of the residents in that community, not just for the individual person's privacy. Commissioner Taylor stated it is set up in Rosewood Villas for the greenbelt area and people walk on the greenbelt, if they choose. This type lends for a more private life and it is a good set up. City of Colleyville Page 7 Printed on 7/5/2007 Planning and Zoning Commission Minutes -Final June 11, 2007 Commissioner Byerly stated not being convinced that this is the best use for this property. However, if this is going to go through, he stated wanting to see something in the middle of the development to be closer to R20 lots and the south half next to the pond, R20 is more consistent with Lavaca Trail. Also, the open space violates the whole spirit of open space in the code, the 20% open space needs to be a park or several parks for usable open spaces, 17% is way to small for this dense development. Commissioner Knox replied adding that lot to the open space areas would only make the figure to 18%. Commissioner Byerly stated he wanted to see the HOA fee be a minimum of $275 for the road and drainage plus the annual maintenance cost. Commissioner Phelps replied he thought $300 had already been established by the developer exclusively for the road above and beyond the maintenance of the property. City Attorney Kailas replied the developer will assess $300 per lot which is not a condition of the ordinance. Commissioner Byerly replied wanting to include that into the PUD ordinance. Commissioner Phelps concurred. Commissioner Dudziak questioned staff if the drainage piping will be the homeowner's responsibility? Chris Fuller replied correct. Commissioner Dudziak questioned if that will be sufficient to cover any potential problems that could occur? Chris Fuller replied the reserve funding incorporates both the roadway and drainage facilities. Commissioner Phelps replied wanting to see the minimum open space requirement met, regardless of the addition of Lot 45. He stated the greenbelt area could remain private, an easement, serves as an extension of the back yard, but if that were the case, it would then need to be exclude from the open space calculation. Commissioner Byerly replied the developer will need to redo his plan with some of these changes. Commissioner Phelps stated as long as the developer could come up with the 20% open space requirement, it could be done during the platting of the development. Commissioner Taylor stated this type of house does not require as much yard. Commissioner Dudziak replied there need to be more spaces for community gatherings. Commissioner Phelps questioned Commissioner Taylor if she would be willing to amend the motion to include a certain percentage for open space instead of a lot configuration? Commissioner Taylor concurred and replied this could be worked out tonight. City of Colleyville Page 8 Prinfed on 7/5/2007 Planning and Zoning Commission Minutes -Final June 11, 2007 Commissioner Byerly recapped the motion being to approve the zoning request with concrete sidewalks, the HOA dues $300, adding 25% more trees and bringing the open space up to 20%. Commissioner Redfearn replied not being concerned with the concrete sidewalks, as long as the sidewalks are in compliance, whether or not they are concrete or crushed granite does not matter. He stated wanting to be clear that a separate assessment from the HOA to cover the street and drainage of $300 per lot assessed to go directly to the drainage and street maintenance. City Attorney Kallas replied that being set up by the private ordinance as far as what HOA requirement is and where it goes has already been set by City Council. Commissioner Redfearn stated he wanted those lots on Lavaca Trail to look and feel like R20 lots. Commissioner Phelps questioned staff regarding if the setbacks on those three lots on Lavaca Trail have been confirmed to conform to the R20 setback code? Chris Fuller replied they are consistent with the proposed conceptual site plan. Commissioner Byerly proposed an amendment that there be three lots on Lavaca Trail that is consistent with the R20 regulations on Lavaca Trail. Both Commissioner Taylor and Commissioner Phelps accepted the friendly amendments. Commissioner Dudziak stated the open space, in the ordinance, the open space may be used for retention, does having this worded like this make this development be compliant with the general codes? Chris Fuller replied they will have to adhere to the zoning ordinance conditions put in place and also to the drainage standards in the Land Development Code. Commissioner Byerly recapped the motion being to approve the zoning request with concrete sidewalks and internal trails, the HOA dues $300, adding 25% more trees and bringing the open space up to 20% and the three lots on Lavaca Trail be consistent with the R20 zoning district regulations. The motion failed by the following vote: Aye: 3 -Knox, Redfearn, Taylor Nay: 3 -Dudziak, Phelps, Byerly Absent: 1 -Duffy Commissioner Phelps made the identical motion excluding the internal City of Colleyville Page 9 Printed on 7/5/2007 Planning and Zoning Commission Minutes -Final June 11, 2007 trails be made of concrete versus crushed rock. Commissioner Taylor seconded. Commissioner Dudziak stated having the sidewalks put in with concrete keeps the maintenance down on those sidewalks. Commissioner Phelps concurred having something more permanent for the construction of the sidewalk, but leave to the developer to decide the material to use for the construction. Commissioner Byerly replied wanting to see the open space percentage brought up to the minimum with something more usable. Commissioner Phelps questioned staff regarding would this issue come back at platting or would it need to conform to the criteria being presented? City Attorney Kallas replied being a PUD would have to conform to the concept plan as part of the ordinance. He stated the platting would have to conform to this. Commissioner Dudziak questioned staff regarding if the Commission wanted 20%, if it were to be turned down tonight as is, he could come back with a different kind of plat or preliminary plat that would show a different configuration of the open space. City Attorney Kallas stated if this request were to be turned down tonight, the developer could not come back with this particular subdivision. It would have to conform with the existing zoning, which is half office and half R40. Commissioner Dudziak questioned staff if the applicant could reapply? City Attorney Kallas concurred. Commissioner Dudziak questioned staff if the item were to be continued, could the developer bring it back reconfigured? City Attorney Kallas replied if there is no ability to reach a consensus tonight, then the Commission should consider a motion to continue so that the developer may have a chance to come back. Commissioner Taylor questioned staff if the developer could be brought back up to resolve the issues tonight? City Attorney Kallas replied there being a motion and a second, the vote should be called. Commissioner Byerly stated the developer would not be able to present something to the Commission tonight that would resolve the open space issue on the fly. He suggested continuing the case to allow for the developer to present a new lot configuration. Commissioner Phelps concurred and stated he thought the plat would come back after the zoning was approved for approval by the Commission and the Commission could see the developer's changes at the time of platting. City Attorney Kallas stated the developer would have to put forth a plan that would comply with the recommendations City of Colleyville Page 10 Prinfed on 7/5/2007 Planning and Zoning Commission Minutes -Final June 11, 2007 made by the Commission at the time of their approval. Commissioner Redfearn stated being supportive of continuing this item. Commissioner Phelps withdrew his motion and Commissioner Taylor withdrew her second. Commissioner Redfearn moved to continue case Z-07-018 to the June 25, 2007 meeting. Commissioner Knox seconded. The motion carried by the following vote: Aye: 4 -Knox, Dudziak, Redfearn, Phelps Nay: 2 -Taylor, Byerly Absent: 1 -Duffy 8c Approval of a Zoning Change from CN-Neighborhood Commercial to CC2-Shopping Center on Lots 1-4, Block 1 of the C-D Subdivision located at 6513 and 6515 Colleyville Boulevard and 1700 and 1706 Tarrant Lane, Case Z-07-019 Chris Fuller presented the case and briefed the Commission on both this case Z-07-019 and case Z-07-020; however motions and votes were made separately. Commissioner Byerly opened the public hearing at 8:36 p.m. Scott Van Doren, the applicant, came forward to present the case and brief the Commission. Commissioner Phelps questioned Mr. Van Doren regarding what other properties have you looked at for this project that are currently zoned CC2? Mr. Van Doren replied having looked at several properties in Colleyville; however, this property met the demographics and traffic count with easy access. Commissioner Taylor questioned Mr. Van Doren regarding if he is aware of the number of car washes in the area? Mr. Van Doren replied yes. Commissioner Dudziak questioned Mr. Van Doren regarding if he is familiar with the TX Dot meetings to expand Colleyville Boulevard? Mr. Van Doren replied yes and he stated being aware of the entrances planned by TX Dot for this property. Commissioner Dudziak questioned Mr. Van Doren regarding if there will be a paintless dent repair facility on this property? Mr. Van Doren replied yes, in a contained stall. City of Colleyville Page 11 Printed on 7/5/2007 Planning and Zoning Commission Minutes -Final June 11, 2007 Commissioner Taylor questioned Mr. Van Doren if he could make this plan work with only one entrance on Tarrant Lane, closing the one closer to the neighborhoods? City Attorney Kallas replied this being a straight zoning request, the particular layout of the lot is not relevant, that would be for the time of platting. John Williams, 6601 Kennedy Drive, stated being opposed to this request with concerns to the traffic and congestion on Tarrant Lane. Donna Sharon, 2007 Kyle Court, stated being more opposed to this project with the entrances on Tarrant Lane. She stated this is not what the residents of Ross Downs want. Michael Muhm, 6607 Connie Lane, stated being concerned with the traffic and stated this not being the best use for this property. He stated being opposed to the alcohol use for this business, does not seem to be the right fit for this particular business. He stated this does not fit with the Master Plan. Joseph Elieson, 2003 Kyle Court, stated being concerned with the traffic on Tarrant and stated being concerned with alcohol sales because of the littering. Terry Hardin, 6911 Meade Drive, stated being opposed to the rezoning request with issues of traffic and stated he does not see the connection with alcohol for this business. Melissa Bowen, 5906 Meadowhill Drive, stated being in favor of the rezoning request and the project. Yvonne Gilliam, 2007 Tarrant Lane, stated the building is beautiful, stated not being in favor of this location with concerns for traffic on Tarrant Lane and stated not seeing the connection with this business for alcohol sales. There being no one wishing to speak, the public hearing was closed at 8:55 p.m. Mr. Van Doren came forward to speak for his request and address the concerns of the neighbors. Commissioner Dudziak questioned Mr. Van Doren if there is a plan to get this business through during the construction of Colleyville Boulevard? Mr. Van Doren replied yes and stated he has set aside a certain amount of money to carry through the construction phase. Commissioner Taylor questioned Mr. Van Doren regarding if there is any City of Colleyville Page 12 Printed on 7/5/2007 Planning and Zoning Commission Minutes -Final June 11, 2007 other place in Colleyville where he could put his business? Mr. Van Doren replied he spent several months on the property at Colleyville Boulevard and John McCain but the property is very expensive. The business closed because the owner went through a divorce. Commissioner Taylor questioned Mr. Van Doren regarding the properties at Glade and Colleyville Boulevard? Mr. Van Doren replied there are some car washes closer to that area and with the general growth movement being further north; he wanted to place his business north. Commissioner Phelps questioned Mr. Van Doren regarding if the land at Glade and Colleyville Boulevard is where the old Sonic and Taco Bell buildings are located? Mr. Van Doren replied yes and the prices for those properties are higher than premium, the very high end. Commissioner Redfearn questioned staff regarding the zoning atlas shows these properties to be zoned CC2, is there an error, are these lots already zoned CC2? Chris Fuller replied the properties are zoned CN, the zoning atlas has a clerical error on the map. The Commission adjourned for a break at 9:02 p.m. The Commission resumed the meeting at 9:11 p.m. Chris Fuller stated on June 2, 2005, City Council approved a zoning change request from the ML-Light Manufacturing zoning district to the CN-Neighborhood Commercial zoning district. Commissioner Redfearn questioned staff if there are any restrictions regarding the placement of a business that either sell alcohol for on site or off site consumption around churches? Chris Fuller replied yes and that distance is 300 feet and is measured from the door of the establishment to the door of the institution. Commissioner Byerly questioned staff regarding if the site plan meets that criteria? Chris Fuller replied given that there has not been a site plan submitted to determine where the door is on the building, it could be in compliance. Commissioner Dudziak questioned staff if the CC2 designation where to be changed for whatever reason, and this piece of property requires a second use, would a 24 hour operation be allowed? Chris Fuller replied unless otherwise stipulated in the zoning ordinance, it would be allowed. Commissioner Dudziak stated there are other uses available which are permitted by right in the CC2 zoning district such as drive thru restaurants, food catering, and equipment rental. Chris Fuller replied City of Colleyville Page 13 Printed on 7/5/2007 Planning and Zoning Commission Minutes -Final June 11, 2007 there are a variety of uses that would be allowed in the CC2 zoning district. Commissioner Dudziak questioned staff regarding the paintless dent repair, would that require a SUP for that use? Chris Fuller replied in the opinion of staff that would be an auto repair function that would require a SUP by City Council. Commissioner Dudziak questioned staff regarding lighting requirements and noise issues, are there requirements for a CC2 use like this, are they going to be 20 foot high and will they be on for a certain amount of time for safety purposes? Chris Fuller replied those are covered under the nuisances ordinances which are the same throughout the city and the applicant would be required to adhere to the lighting ordinances. Commissioner Redfearn questioned staff that an approval of a change in zoning from CN to CC2, that CC2 zoning designation would survive regardless of the future of the business until such a time it was changed again? Chris Fuller concurred, approval of the straight zoning would allow all of the uses in the CC2 zoning district in perpetuity unless a rezoning request was brought forward in the future. Commissioner Byerly questioned staff regarding how big is the notification area? Chris Fuller replied for the straight zoning request, the notification area is 200 feet and for the SUP request for alcohol sales, the notification area is 500 feet. Commissioner Byerly stated when looking at the 200 feet notification list, there are no residences on that notification? Chris Fuller concurred. Commissioner Byerly stated there being residences in the 500 foot notification list. Chris Fuller concurred. Commissioner Byerly moved to approve case Z-07-019. Motion dies for lack of second. Commissioner Dudziak moved to deny case Z-07-019. Commissioner Phelps seconded. Commissioner Redfearn stated his issue is with the CC2 zoning district. He stated there is some durability and the range of possibilities for the CC2 zoning district would not be appropriate for this location. He stated he would like to see this business in Colleyville. Commissioner Taylor stated wanting to see this business in Colleyville, just not on this corner. Commissioner Byerly stated this being a good place for this project and a good use for this odd shaped parcel and stated being sorry for turning down a commercial prospect. City of Colleyville Page 14 Printed on 7/5/2007 Planning and Zoning Commission Minutes -Final June 11, 2007 Commissioner Phelps stated wanting to see this business, it would fit Colleyville and the image, but stated being opposed to the CC2 zoning designation. Commissioner Dudziak stated the residents of Ross Downs have been in favor of commercial businesses, however, the CC2 zoning designation is not a good fit for this property with too many unwanted possibilities. However, if a rezoning request had been presented as a PUDC, there may have been some other opportunities for this area and would encourage the applicant to come forward with a different request. The motion to deny carried by the following vote: Aye: 5 -Knox, Dudziak, Redfearn, Taylor, Phelps Nay: 1 -Byerly Absent: 1 -Duffy 8d Approval of a request for a Special Use Permit for alcohol sales on Lots 1-4, Block 1 of the C-D Subdivision located at 6513 and 6515 Colleyville Boulevard and 1700 and 1706 Tarrant Lane, Case Z-07-020 The discussion for this item is contained in the previous zoning case minutes, however, the motion and vote were made separately, see below. Commissioner Taylor moved to deny case Z-07-020. Commissioner Phelps seconded. The motion carried by the following vote: Aye: 5 -Knox, Dudziak, Redfearn, Taylor, Phelps Nay: 1 -Byerly Absent: 1 -Duffy 8e Approval of a request for a zoning change from R20-Single Family Residential to R40-Single Family Residential on 1.86 acres out of the O.C. Strum Survey located at 5904 Bransford Road, Case Z-07-021 Chris Fuller presented the case and briefed the Commission. Commissioner Byerly opened the public hearing at 9:26 p.m. There being no one wishing to speak, the public hearing was closed at 9:26 p.m. Commissioner Phelps moved to approve case Z-07-021. Commissioner Taylor seconded. City of Colleyville Page 15 Printed on 7/5/2007 Planning and Zoning Commission Minutes -Final June 11, 2007 Commissioner Phelps questioned staff if there are any issues with allowing horses into this particular area? Commissioners had none. The motion carried by the following vote: Aye: 6 -Knox, Dudziak, Redfearn, Taylor, Phelps, Byerly Absent: 1 -Duffy 9. STAFF COMMENTS, REPORTS AND DISCUSSION ITEMS Chris Fuller introduced Ron Ruthven ,the new development coordinator. 10. COMMISSIONERS' COMMENTS AND REPORTS Commissioner Dudziak gave congradulations to Fire Marshal Rob McKeown for the life saving award. 11. ADJOURNMENT Meeting adjourned at 9:27 p.m. I hereby certify the above agenda was posted on the bulletin boards at City Hall on Thursday, June 7, 2007 by 5:00 p.m. Amy Shelley, Planning and Zoning Assistant The meeting minutes were approved on June 25, 2007. City of Colleyville Page 16 Printed on 7/5/2007