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HomeMy WebLinkAboutPlanning and Zoning Commission-Minutes-7/9/20074 ~"~~~4",~:. City of Colleyville =~ ~ Minutes -Final ,~.' Planning and Zoning Commission 100 Main Street Colleyville, Texas 76034 (817) 503-1000 www.colleyville.com Monday, July 9, 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 DISCUSSION OF PREVIOUS MEETING MINUTES 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 July 9, 2007 at 7:05 p.m. 2. ROLL CALL 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, Mike Johnston, Jeremy Hutt and Amy Shelley 3. INVOCATION The invocation was given by Commissioner Byerly. 4. PLEDGE OF ALLEGIANCE 5. APPROVAL OF MINUTES Commissioner Taylor moved to approve the June 25, 2007 meeting minutes as written. Commissioner Dudziak seconded. City of Colleyville Page 1 Printed on 7/24/2007 Planning and Zoning Commission Minutes -Final July 9, 2007 The motion carried by the following vote: Aye: 6 -Knox, Dudziak, Redfearn, Taylor, Phelps, Byerly Absent: 1 -Duffy 6. CITIZEN COMMENTS REGARDING ITEMS NOT ON THE AGENDA None 7. REGULAR AGENDA ITEMS 7a Approval of Minor Plat for Lots 1-3, Block 1 of the Northstar Bank Addition located at 6110 Colleyville Boulevard, Case P-07-032 Ron Ruthven presented the case and briefed the Commissioners. Commissioner Byerly moved to approve case P-07-032. Commissioner Knox seconded. The motion carried by the following vote: Aye: 6 -Knox, Dudziak, Redfearn, Taylor, Phelps, Byerly Absent: 1 -Duffy 7b Approval of a Minor Plat for Lots 1 and 2, Block 1 of the Beden Addition on 3.0 acres in the S.C.H. Wilton Survey located at 2313 Glade Road, Case P-07-033 Ron Ruthven presented the case and briefed the Commissioners. Commissioner Phelps questioned staff regarding the lots on the plat, are they part of this plat? Ron Ruthven concurred. Commissioner Redfearn questioned staff regarding if there are drawings showing the proposed lots? Chris Fuller replied no, other than approximation. Commissioner Redfearn questioned if the house would straddle the lot line? Chris Fuller replied yes, and used the diagrams to show the approximate lines. Commissioner Phelps questioned staff regarding what is the age of the aerial photo? Chris Fuller replied it being current. Ron Ruthven replied it being a year old. Commissioner Byerly questioned staff regarding what are the provisions for fire access and has the Fire Marshal reviewed this plat? Chris Fuller replied the Fire Marshal has reviewed the plat and has recommended a 24 foot fire lane built to fire lane standards with a 14 foot overhead clearance for the duration of the property to essentially serve as the driveway to ensure that the Fire Department would have access to the City of Colleyville Page 2 Printed on 7/24/2007 Planning and Zoning Commission Minutes -Final July 9, 2007 house but would also have the ability to withstand the weight of the truck. Commissioner Byerly questioned staff if this type of flag lot has been approved in the past? Chris Fuller replied yes, both approved and denied similar requests. Commissioner Byerly questioned staff regarding if the 57 foot of frontage includes the 24 foot of fire access and is it part of Lot 2? Chris Fuller suggested asking the applicant if they would be willing to construct the 24 foot wide fire access since it would be quite expensive. Commissioner Byerly questioned staff for clarity, that it could not be built unless the Fire Marshal signed off on it? Chris Fuller replied the property could be platted, however, is the property owner willing to build that fire lane to the house that could be constructed would be the relevant question for your consideration. Commissioner Byerly questioned staff if the Commission wanted to make some waiver, could that be done on the plat or is it up to the Fire Marshal? Chris Fuller replied the Fire Marshal, and the fire lane is not a platting standard, it is a building permit standard. Commissioner Byerly questioned City Attorney Kallas regarding what is the time frame for this plat? Chris Fuller replied the clock starts once the application is complete as it does not meet the standards, however, staff received the revisions on Friday, July 6, therefore the Commission could continue until the next meeting and it would still be within the time frame. City Attorney Kallas replied as long as the application is not complete, then the time does not begin. Commissioner Redfearn questioned staff for clarity that there would be a long driveway for the fire lane in addition to the need for a turning radius at the end of it? Chris Fuller replied the Fire Marshal placed a stipulation on the plat for the turning around of the trucks. Commissioner Byerly questioned staff for clarity if this plat were approved, then that would be a condition and if they do not want to meet that condition, then it is approved and they can accept it or not? Chris Fuller concurred. Commissioner Phelps stated there are some lots adjacent to this lot that are not developed which might leave for the potential redevelopment of this area, although not a part of this request, it could happen in the future. Commissioner Byerly questioned staff if there are any limitations if this plat is not approved tonight. Chris Fuller replied no, other than having to apply for another application. City of Colleyville Page 3 Printed on 7/24/2007 Planning and Zoning Commission Minutes -Final July 9, 2007 Commissioner Redfearn questioned staff if the plat were approved with the lot line going right through the house, does that present any complications if the owner were to decide they did not want to build on it? Chris Fuller replied there being options, if the plat were approved, and the house were to stay, it would be a legal non-conforming lot because the plat was approved that way while the house was existing. If the house stays, and they want to live in this house while they are building the new house, however, the two houses would not be able to remain on one lot and staff would ensure that would not occur. Commissioner Taylor stated the Department has already stated this not being in favor of this approval. lots are so skinny and the Fire lot would really not work and stated Commissioner Phelps stated in the past there has been a 500 foot distance from a point of access. Fire Chief Mike Johnston stated a fire hydrant would be required to be placed on this property as well as the fire lane. He stated with the hydrant being on private property that could pose issues as well. Commissioner Dudziak questioned staff regarding if a turn around for the fire trucks would be required? Chief Johnston replied yes. Commissioner Knox moved to deny case P-07-033. Commissioner Byerly seconded. Commissioner Knox stated there need to be some provisions for the fire lanes and turn around for flag lots and easements. There are too many issues regarding fire requirements. Commissioner Byerly stated the applicant needs to be present to tell the Commission they are willing to comply with the fire issues. The motion carried by the following vote: Aye: 6 -Knox, Dudziak, Redfearn, Taylor, Phelps, Byerly Absent: 1 -Duffy 8. TABLED AGENDA ITEMS 8a Approval of a request for an amendment to the PUDC-Planned Unit Development Commercial property on Lot 2R, Block 1 of the Atlantic Oil and Gas Addition located at 7970 Precinct Line Road, Case Z-07-023 Commissioner Phelps moved to remove case Z-07-023 from the tabled items. Commissioner Redfearn seconded. The motion carried by the following vote: City of Colleyville Page 4 Printed on 7/24/2007 Planning and Zoning Commission Minutes -Final July 9, 2007 Aye: 6 -Knox, Dudziak, Redfearn, Taylor, Phelps, Byerly Absent: 1 -Duffy Chris Fuller presented the case and briefed the Commissioners. Commissioner Taylor questioned staff regarding if there were new drawings submitted with the cross access requested by the Commission? Chris Fuller replied the applicant did submit new drawings but not with the cross access. Bryan Chandler, the applicant, came forward to present the request and brief the Commissioners. Commissioner Redfearn and Mr. Chandler discussed driveway placements. Mr. Chandler stated he would use the access point from Precinct Line Road as depicted on the approved site plan that has been platted. Commissioner Phelps questioned staff regarding if the existing driveway would require approval by another body other than the Planning and Zoning Commission and City Council? Chris Fuller replied it would require a driveway permit from TxDot. Mr. Chandler replied the approval from TxDot would not be an issue, however, he stated he was not able to get approval before this meeting. Commissioner Byerly questioned Mr. Chandler regarding where is the second access for the fire access? Mr. Chandler used the drawings provided to show the second access. Commissioner Byerly questioned Mr. Chandler if the access had been acquired from the adjacent church? Chris Fuller replied there is a landscape buffer between the edge of pavement and the church and it appears to go into the church parking lot. Commissioner Byerly questioned staff regarding how would a fire truck get between the landscape buffer? Mr. Chandler replied the landscape buffer could be removed and it could be paved. He stated there is no easement through the church parking lot, but that access abuts the church parking lot and that was the only way he had of providing the emergency fire exit. Commissioner Byerly questioned staff regarding what are the City's thoughts regarding his answer? Chris Fuller replied if the intent is to remove the landscape buffer and pave, it would not need to be shown on the plat, therefore reducing the open space requirements. He stated it would also need to be approved by the Fire Marshal. Commissioner Byerly questioned staff regarding the access issue, if there is not an easement in place? Chris Fuller stated the church could City of Colleyville Page 5 Printed on 7/24/2007 Planning and Zoning Commission Minutes -Final July 9, 2007 barricade and not grant access, but he stated he would need to see the plat for the church. Mr. Chandler replied there is not an easement. Commissioner Taylor questioned Mr. Chandler regarding as to why if the church is only busy on one day, why is it such an issue to leave the cross access entrance? Mr: Chandler stated there could be traffic either way and stated the cross access is not necessary. Commissioner Taylor stated the cross access is there to help the businesses, sharing in business. Mr. Chandler stated there will be about 40 cars a day generated by his business, which would not have an impact on the gas station. Commissioner Taylor disagreed. Commissioner Taylor questioned Mr. Chandler regarding what products will generate the sales tax revenue? Mr. Chandler replied locks, boxes and moving supplies. Commissioner Dudziak questioned Mr. Chandler if there will be sales tax generated by the rental fees? Mr. Chandler replied no, not yet. Commissioner Redfearn questioned Mr. Chandler regarding what is the building setback? Mr. Chandler replied they are going to line up with the church. Commissioner Phelps questioned Mr. Chandler regarding the lack of open space, is there a way to accommodate the open space? Mr. Chandler replied staff has requested that the parking spaces be removed from the 40 foot landscaped area which will increase some of the open space area and more vegetation will be placed in that area. Commissioner Dudziak stated 20% is the goal, he questioned Mr. Chandler if there could be some unique feature that could be added? Mr. Chandler questioned Commissioner Dudziak if the facade does not add to that? Mr. Chandler stated he could look into something, but stated the vegetation along the sides would add to the features as well. Commissioner Dudziak stated he wanted to see more to trade off the extra 3% open space that is lost. Mr. Chandler stated the property has had issues with being sold for a more prime retail development. Commissioner Dudziak questioned if there could be something that could add to the decor of the project. Commissioner Taylor stated wanting to see a two tier landscape package that would enhance the look of the storage facility. She stated she wanted it to look like it fit in Colleyville's decor. Mr. Chandler replied he could look into his package. Commissioner Taylor questioned Mr. Chandler regarding if the entrance to the church could be blocked, but leave the entrance to the gas station, City of Colleyville Page 6 Printed on 7/24/2007 Planning and Zoning Commission Minutes -Final July 9, 2007 could that work for the project, to be able to leave that cross access? Mr. Chandler replied the difficulty for that is for security, this is the only point of access to control. He stated there is not a way to make it work. Commissioner Byerly questioned Mr. Chandler regarding if an easement for the fire access has been received from the church? Mr. Chandler replied no, it is difficult for the church to grant an approval, their process is lengthy. He stated it not being required, he stated they meet the fire requirement. Fire Chief Mike Johnston stated the Fire Marshal is expecting to have two points of access on to any commercial property. He stated to the north, along the back drive to the gas station would be the best place for the second access. He stated a second access is required onto commercial property. He stated an access on the west side would suffice. Commissioner Taylor questioned Chief Johnston regarding it would suffice to have two accesses if the access from the gas station was put in? Chief Johnston replied yes. Commissioner Phelps stated he understood the concept for this project, however, he stated he wanted to see a fire access more conducive to an actual access and to meet the 20% open space requirement. He also stated the original PUD was there for a high traffic parking lot, very busy retail corner, which seems to fit with the gas station design. He stated this is plugging a gap and blocking traffic flow. He questioned if this type of use is what the City wants for this property? He questioned what other opportunities are there for a viable future development? Commissioner Taylor concurred and stated this is a viable business, but it should flow through between the businesses, at least one flow through from the gas station. She stated being in favor of one cross access from the gas station. Commissioner Byerly stated not seeing the need for a cross access for this business. He stated he would like to see the landscaping stay, and would be inclined to support the use and the lack of the cross access as long as an approval from TxDot is received and a second access point for fire access. He stated the open space requirement is not necessary for commercial, the 17% will suffice. Commissioner Dudziak stated the church would use it as a cut through to L.D. Lockett, and would use the gas station. He stated the cross access is what needs to be in place to allow for the flow of traffic. Commissioner Byerly stated the people leaving the storage facility or the City of Colleyville Page 7 Printed on 7/24/2007 Planning and Zoning Commission Minutes -Final July 9, 2007 church can take a simple right hand turn onto Precinct Line and then another right hand turn into the gas station, therefore eliminating the need for the cross access on the storage facility property. Commissioner Redfearn stated there is a large paved area behind the gas station to allow for maneuvering which might meet the need for fire access. He stated the original design did dictate the need for the cross access, however, for this business, there does not appear to be a need for the cross access. Commissioner Phelps questioned Mr. Chandler if he would be willing to make the concession regarding the second access? Mr. Chandler replied what they presented was adequate according to the meetings with the Fire Marshal. He stated if there were a stipulation added to this that he meet with the Fire Marshal and satisfy his requirements, whether that be getting an easement from the church or whether it means putting some type of gates onto that facility where it can provide an additional access point, he stated making sure to get it done before moving forward to City Council. Commissioner Redfearn and Mr. Chandler discussed property lines. Commissioner Redfearn moved to approve case Z-07-023 with a provision added that should the applicant not receive permission from TxDot for the driveway, that somehow this would come back to the Commission for approval. City Attorney Kallas stated not to have it come back to the Commission, but to make a contingent plan, if not approved by TxDot, that it would comply with the cross access easements in the original PUD. Commissioner Byerly seconded and added an amendment that there be a second fire entrance that meets the approval of the Fire Marshal. Commissioner Knox stated the second entrance should be located at the northeast part of this development. He stated there are a lot of issues that have not been brought out with making that access next to the church because the church does not have a designated fire lane over on that side of their property, they have parking. There could be potential for cars being parked in the way. He stated the building has changed since last time it was presented, there is more building on the plan than originally seen. He stated the second entrance for fire access would be better served adjacent to the gas station. Chief Johnston concurred and stated there could be a gate on the northeast part of this development for security. Commissioner Phelps questioned Chief Johnston if the Fire Marshal takes into consideration the conditions of the adjacent properties? Chief Johnston replied yes. City of Colleyville Page 8 Printed on 7/24/2007 Planning and Zoning Commission Minutes -Final July 9, 2007 Mr. Chandler stated they share a driveway easement with the church. He stated they can move their dumpster and could provide an access right there with the easement that is already shared and platted with the church on the south end of this property. Commissioner Byerly questioned staff regarding what is the distance between the two entrances? Chief Johnston replied not knowing at this time but stated he could meet with the applicant. Commissioner Redfearn questioned staff regarding if any stipulations should be put in place given that the Fire Marshal will have to approve them? Commissioner Byerly stated he wanted to give the Fire Marshal maximum flexibility regarding the fire access. Commissioner Redfearn accepted Commissioner Byerly's amendment. Commissioner Dudziak questioned staff regarding once this plat, the PUD, is approved, is the 24 foot rear entrance permanent? City Attorney Kallas stated since the second entrance will have to meet the Fire Marshal's approval, then that entrance will only stay if approved by the Fire Marshal. Commissioner Phelps questioned, for clarity, should this entrance not get approved by TxDot, the plat would use the previous site plan. Commissioner Phelps commented that the applicant has indicated the removal of parking spaces. He questioned staff regarding if the removal of the parking spaces should be considered as part of the motion? Chris Fuller concurred. Commissioner Phelps suggested the friendly amendment. Commissioners Byerly and Redfearn accepted the amendment. Commissioner Byerly restated the motion: Commissioner Redfearn moved to approve case Z-07-023 with the cross access easement applying if TxDot approval is not received for the curb cut, a second fire access approved by the Fire Marshal and with the removal of parking within the 40 foot landscape buffer and any other impervious surfaces. Commissioner Byerly seconded the motion. Commissioner Dudziak stated this property has not been desirable for a number of years, however, because of all of the developments for this area, this business is not a good use for this property. The motion failed by the following vote: City of Colleyville Page 9 Printed on 7/24/2007 Planning and Zoning Commission Minutes -Final July 9, 2007 Aye: 3 -Knox, Redfearn, Byerly Nay: 3 -Dudziak, Taylor, Phelps Absent: 1 -Duffy Commissioner Phelps concurred with Commissioner Dudziak and stated there is an opportunity for a more desirable business. Commissioner Byerly disagreed and stated because this is between a church and a gas station, a high end retail strip center will not go here. He stated this type of business will work in this area and could possibly start the movement for new development. City Attorney Kallas stated if a consensus can not be made, it will have to be continued again. He suggested another vote to move the case along for the applicant. Commissioner Byerly questioned Mr. Chandler if he would rather the Commission continue this item until there is a full Commission or would he rather have the Commission deny the request and let the case move forward to City Council with a denial? Mr. Chandler stated not understanding fully, and questioned if Commissioner Duffy were present at the next meeting and someone else was absent, the same situation might occur. Commissioner Taylor stated she would be willing to change her vote. Commissioner Dudziak stated the cross access easement should still be in place. Commissioner Taylor stated it is not feasible for the applicant. Commissioner Dudziak stated that not being the Commission's purvey to decide. He stated the Commission is to hold to the design standards of the development code of the City. Commissioner Taylor made a motion to reconsider the vote for case Z-07-023. Commissioner Byerly seconded. The motion carried by the following vote: Aye: 4 -Knox, Redfearn, Taylor, Byerly Nay: 2 -Dudziak, Phelps Absent: 1 -Duffy 9. STAFF COMMENTS, REPORTS AND DISCUSSION ITEMS Chris Fuller discussed with the Commissioners regarding the workshop with the American Planning Association. He stated if they would like to attend, staff would make the reservations for them. He told the Commissioners there may be a workshop in September once the new Commissioners take their seats. He stated he would like to meet with City of Colleyville Page 10 Printed on 7/2M2007 Planning and Zoning Commission Minutes -Final July 9, 2007 the Commissioners, maybe one on one, to discuss what the staff can do to meet the level of expectations regarding zoning, platting and development standards. 10. COMMISSIONERS' COMMENTS AND REPORTS None 11. ADJOURNMENT The meeting adjourned at 8:40 p.m. I hereby certify the above agenda was posted on the bulletin boards at City Hall on Thursday, July 5, 2007 by 5:00 p.m. The meeting minutes were approved on July 23, 2007. Amy Shelley, Planning and Zoning Assistant City of Colleyville Page 11 Printed on 7/24/2007