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HomeMy WebLinkAboutPlanning and Zoning Commission-Minutes-7/23/2007Ci of Colle V~~~e 100 Main Street ~+; ~ ~ Y Colleyville, Texas 76034 `~~ ~' j (817) 503-1000 '~~~ Minutes -Final www.colleyville.com ~,_.., Planning and Zoning Commission Monday, July 23, 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 City Attorney Kallas explained that there would be no decisions made or action taken during this Executive Session time under Section 551.071 - Legal -Consultation with Attorney on Legal Issues Raised by Public Hearing or Action Items on the Agenda. The pre-session was recessed at 6:45 p.m. and reconvened at 6:50 p.m. 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 23, 2007 at 7:05 p.m. 2. ROLL CALL Present: Commissioners Larry Knox, Dave Dudziak, Scott Redfearn, Mary Taylor, Denis Duffy and Jeff Byerly Absent: Commissioner David Phelps Staff Present: Chris Fuller, Ron Ruthven, Rob McKeown, Jeremy Hutt, Scott Welmaker and Amy Shelley 3. INVOCATION The invocation was given by Commissioner Taylor. 4 PLEDGE OF ALLEGIANCE City of Colleyville Page 1 Printed on 8/14/2007 Planning and Zoning Commission Minutes -Final July 23, 2007 5. APPROVAL OF MINUTES Commissioner Byerly moved approve the July 9, 2007 meeting minutes with two spelling corrections. Commissioner Taylor seconded. The motion carried by the following vote: Aye: 6 -Knox, Dudziak, Redfearn, Taylor, Duffy, Byerly Absent: 1 -Phelps 6. CITIZEN COMMENTS REGARDING ITEMS NOT ON THE AGENDA 7. REGULAR AGENDA ITEMS 7a Approval of a Minor Plat for Lot 1, Block 2 of the Bransford Estates Addition on 1.8 acres in the O.C. Sturm Survey located at 5904 Bransford Road, Case P-07-034 Ron Ruthven presented the case and briefed the Commissioners. Commissioner Duffy moved to approve case P-07-034. Commissioner Dudziak seconded. The motion carried by the following vote: Aye: 6 -Knox, Dudziak, Redfearn, Taylor, Duffy, Byerly Absent: 1 -Phelps 8. PUBLIC HEARING AGENDA ITEMS 8a Approval of a request for a zoning change from CC1-Village Retail to PUDC-Planned Unit Development Commercial on Lots AR and BR of the E.M. Thompson Subdivision and Lot 1 R, Block 1 of the Foster Addition located at 5204, 5224 and 5232 Colleyville Boulevard, Case Z-07-026 Ron Ruthven presented the case and briefed the Commissioners. Commissioner Dudziak questioned staff regarding the parkland dedication fees and stated he would like to make sure the funds are placed in the right designation. Commissioner Redfearn questioned staff regarding what are the uses planned with the CC1- Shopping Center zoning district? Ron Ruthven replied mostly office and retail. Discussion occurred between Commissioner Dudziak and staff regarding the tallest buildings in the Village at Colleyville. Commissioner Byerly opened the public hearing at 7:17 p.m. City of Colleyville Page 2 Printed on 8/14/2007 Planning and Zoning Commission Minutes -Final July 23, 2007 Jimmy Archie, the applicant, came forward to present the case and brief the Commissioners. He stated wanting to reduce the parking spaces to be between 170-175. Secondly, he stated the first floor will contain 50% of the condition square footage. Third, he stated the average size will be 1,000 square feet. Commissioner Duffy questioned Mr. Archie regarding what are the plans for keeping the creek behind the development clear? Mr. Archie replied they are under tight deadlines for buying the properties. He stated wanting to know if the project will be approved before the monies are spent for the drainage analysis. He stated the creek carries all of the water from the north part of town. He stated if there are issues with the creek, they could make upgrades during this development. Commissioner Duffy questioned Mr. Archie regarding what size of culvert is TxDot planning to put under Colleyville Boulevard at the creek? Mr. Archie replied not knowing. Commissioner Duffy questioned Mr. Archie why only 50% of the floor space is for tax generated businesses? Mr. Archie stated they requested CC1 uses, however, staff stated wanting some retail so he added the 50%. He stated they would like 100% for retail, that is the goal, however, they want some flexibility in case the retail use is not there. He stated some of the office uses need the retail location for drive by customers. Commissioner Duffy questioned Mr. Archie regarding if the residential units will have two parking spots each? Mr. Archie concurred. Commissioner Duffy questioned Mr. Archie if there will be a need for a SUP for alcohol sales, in the future and will it be the proper distance from the church? Mr. Archie replied yes, they would prefer a blanket SUP today, but they have not applied for one, they may need to do so in the future. Commissioner Duffy stated the height exceeds the code for the height of buildings. He stated building D exceeds the code height. Commissioner Duffy questioned Mr. Archie regarding if the plan is for the height as on the site plan? Mr. Archie replied they are applying for a PUD and therefore requesting a waiver on the height requirement. He stated the towers on the site plan are the tallest for the purpose of signage for the businesses. Commissioner Dudziak questioned Mr. Archie regarding if just that one part, for the signage will exceed the height? Mr. Archie replied being comfortable with the current building height requirements for the Village City of Colleyville Page 3 Printed on 8/14/2007 Planning and Zoning Commission Minutes -Final July 23, 2007 at Colleyville. Commissioner Dudziak questioned Mr. Archie regarding what advantages does the additional height give? Mr. Archie replied it gives for more visibility for the signs for the businesses. Discussions occurred between Commissioner Byerly and Mr. Archie regarding the calculations for the parking spaces. Commissioner Dudziak questioned Mr. Archie if the 1,000 square feet average will affect the number of units, will there still be 30 units? Mr. Archie replied it will not effect the number of units. Commissioner Dudziak questioned Mr. Archie regarding if they have had success selling the 1,000 square foot units in the Village? Mr. Archie replied they have not had issues with selling the 1,000 square foot units. Steve Isbell, 5112 Oak Timbers Court, spoke in support of the project. Charles Davidson, owner of the property at 5200 Colleyville Boulevard, spoke in support of the project but stated having concerns for the driveway cuts on Colleyville Boulevard. There being no one wishing to speak, the public hearing was closed at 7:39 p.m. Commissioner Byerly moved to approve case Z-07-026 with the following conditions that the zoning expire within eight months if no drainage plan is submitted to the City for staff's recommendation, that the parking spaces required be reduced to 175, that the 50% retail be changed to read 50% of the conditioned feet on the first floor, that the average residential unit be 1,000 square feet and that the building height restriction be the same as the Village at Colleyville Development. Commissioner Knox seconded. Commissioner Taylor stated this is a great concept because the Village at Colleyville can not be seen. However, building a three story building is not going to help the Village to be seen, so that the Village will work. She stated if the trees were cleaned up along Colleyville Boulevard, the Village would be seen better. Commissioner Redfearn questioned Commissioner Taylor if she thinks this development will pull the two developments together? Commissioner Taylor replied she thinks that is the premise, but she stated she thinks this project will drown out the Village at Colleyville development in the end. Commissioner Byerly disagreed and stated this will help to generate traffic for the Village. He stated this is what the Village needs. He stated City of Colleyville Page 4 Prinfed on 8/14/2007 Planning and Zoning Commission Minutes -Final July 23, 2007 something needs to be done to get the Village developed. Commissioner Dudziak stated being in favor of bringing something out front, and stated he understood Commissioner Taylor. He stated the project will hide the Village. He stated Southlake has done the very same thing but this project does not seem to invite you in to the Village. He stated he does like the towers for signage, but it will hide what is behind it. Commissioner Dudziak stated he would like to know what the minimum square footage will be. Commissioner Dudziak stated he would like staff to clarify the parkland dedication funds. Chris Fuller replied it will be similar to the Village development with residential and commercial uses. He stated not knowing how the Village is calculated. Commissioner Dudziak questioned staff regarding if the Village has met its prior revenue commitments? Scott Welmaker, Economic Manager, stated he believes the Village is on track with their commitments, however he stated he did not have any information regarding the amount of retail sales tax dollars generated by the Village or whether or no they have met their projections stated at the time those PUD's were approved. City Attorney Kallas replied the TIF has not been noticed to be discussed during this meeting. Mr. Archie replied this project is not located within the TIF for the Village at Colleyville development. Commissioner Dudziak questioned staff regarding parkland dedication fees? Chris Fuller replied parkland fees are paid each time a building permit is pulled. Commissioner Dudziak questioned if it will be a per acre calculation for commercial use or per residential use? City Attorney Kallas stated staff can give some direction for those fees. Darrell Lake, Realty Capital property group, stated there is nothing on Colleyville Boulevard to see the Village and stated if there are buildings on Colleyville Boulevard that look like the Village, then it will bring the needed traffic into the Village. He stated there are timely issues for the contract of these properties. Commissioner Taylor questioned Mr. Archie if the road to this development will go into the Village? Mr. Archie stated the road was originally to be aligned to go directly into the Village, however, now it will depend on the how properties behind the project will be developed. Commissioner Dudziak questioned Mr. Archie if the creek development City of Colleyville Page 5 Printed on 8/14/2007 Planning and Zoning Commission Minutes -Final July 23, 2007 will be a part of this development? Mr. Archie stated it could be a part of this ordinance. City Attorney Kallas stated that could not be discussed at this meeting because it was not noticed for the public hearing. Commissioner Dudziak stated the open space is not as the open space requirements are defined in the code. Commissioner Byerly stated a piece of property that has not been properly notified can not be discussed at this meeting. Commissioner Duffy discussed the differences between the conceptual site plan and the ordinance. He stated once the ordinance is approved, the Commission can not go back and change it. He stated not being able to vote for this project because there are too many waivers being requested. Commissioner Byerly stated the site plan will have to be fairly consistent with the site plan approved at this meeting. He stated they may be able to move around a parking space or two, but the general site plan will remain the same. Commissioner Duffy questioned staff regarding how close to Colleyville Boulevard will the building sit? Ron Ruthven stated the site plan does meet the 40 foot setback. He stated the building is behind the setback. Commissioner Taylor stated not seeing the need for the green belt. She stated the Village needs to be visible. Commissioner Byerly concurred. Commissioner Dudziak stated the percentages for retail and the need for a direct connection to the Village is not very pedestrian friendly, and there are no amenities for the residential use. If this is going to be commercial facility with three floors, then so be it, however, there is a residential component that has no amenities other than two parking spaces. Commissioner Redfearn stated the drainage will be completed within the first eight months and the engineering department will have to sign off on and approve any changes. Chris Fuller stated any plat that comes before the Commission is required to have a preliminary drainage analysis. He stated the applicant is requesting to give the drainage analysis once the zoning is approved because the drainage analysis is expensive. Commissioner Redfearn stated the applicant may have changes once the drainage analysis is completed. Commissioner Duffy discussed with City Attorney Kallas regarding the drainage analysis being done at the time of zoning or platting. Commissioner Dudziak questioned staff regarding if the developer is planning to build the restaurant pad site? Mr. Archie stated he plans to City of Colleyville Page 6 Prinfed on 8/14/2007 Planning and Zoning Commission Minutes -Final July 23, 2007 build both buildings as well as the bridge across the creek into the Village at Colleyville. Commissioner Taylor stated the builder is going to build the bridge. Commissioner Duffy and Mr. Archie discussed when the construction for the project will begin. Commissioner Dudziak stated a friendly amendment to the ordinance that staff will correctly address _ the parkland dedication fees. Ron Ruthven stated in the developer agreement, the parkland dedication fee has been addressed as residential and commercial uses. Chris Fuller stated staff will assess with the mixed use development standards. Commissioners Byerly and Knox accepted. The motion carried by the following vote: Aye: 4 -Knox, Dudziak, Redfearn, Byerly Nay: 2 -Taylor, Duffy Absent: 1 -Phelps 8b Approval of a request for a zoning change from CN-Neighborhood Commercial to PUDC-Planned Unit Development Commercial 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-07-027 Ron Ruthven presented the case and briefed the Commissioners. Commissioner Byerly opened the public hearing at 8:12 p.m. Scott Van Doren, the applicant, came forward to present the case and brief the Commissioners. Ralph Nasca, 1702 S. Hwy 121 #406, Lewisville, car wash consultant, came forward to present the case and brief the Commissioners with Mr. Van Doren. Commissioner Taylor questioned Mr. Van Doren regarding the hours of sale for alcohol? Mr. Van Doren replied he would be in compliance with TABC rules regarding the hours of sale for alcohol. Donna Sharon, 2007 Kyle Court, spoke in opposition to the request with regards to the traffic on Tarrant Lane. Charles Davidson, owner of the property, spoke in favor of the rezoning request. Ken Green, 5402 Junifper Court, spoke in opposition to the rezoning request. City of Colleyville Page 7 Printed on 8/14/2007 Planning and Zoning Commission Minutes -Final July 23, 2007 Melissa Bowen, 5906 Meadowhill Drive, spoke in favor of the rezoning request. Dennis McCain, 6509 Meade Drive, spoke in opposition to the rezoning request. Dave McCormack, 6612 McMakin Court, spoke in opposition to the rezoning request. There being no one wishing to speak, the public hearing was closed at 8:31 p.m. Scott Van Doren presented pictures regarding what is located behind the subject property. He discussed with the Commissioners regarding what is currently in the area and that this business will not drop any property values. Commissioner Redfearn questioned Mr. Van Doren regarding the traffic flow? Mr. Van Doren used the diagrams provided to explain the flow of traffic. Commissioner Dudziak questioned Mr. Van Doren regarding the noise level of the car wash? Mr. Nasca stated it has the same noise of a 3 ton air conditioner compressor unit, if standing right next to it. He stated the farther away, the noise will not be heard. Commissioner Dudziak questioned Mr. Van Doren if there will be music? Mr. Van Doren replied no. Commissioner Dudziak questioned Mr. Van Doren regarding the lighting, will there be lighting 24/7? Mr. Van Doren replied there will only be general lighting during business hours and only street lighting for after hours. Chris Fuller replied there are ordinances in place to control lighting, however the Commissioners can state specifics in the ordinance. Commissioner Dudziak questioned Mr. Van Doren regarding if all of the signs will have lighting? Mr. Van Doren replied only general sign lighting for during business hours. Commissioner Knox questioned Mr. Van Doren regarding the flow of traffic from Colleyville Boulevard? Mr. Van Doren replied by using the diagrams to show the flow of traffic. Commissioner Dudziak questioned Mr. Van Doren why he believes his business will succeed as opposed to the business down the street at City of Colleyville Page 8 Printed on 8/14/2007 Planning and Zoning Commission Minutes -Final July 23, 2007 John McCain, is it because there will be a higher level of demographics? Mr. Van Doren stated the business down the street closed because the property owner chose to close the property because of a divorce, not because of the decline of sales. Mr. Van Doren stated he did check into the purchase of that property, however, the property owner is asking too much for it. Commissioner Dudziak stated having a concern for the single use of this property, only for a car wash, if something were to happen, it can not be changed. Commissioner Dudziak questioned Mr. Van Doren regarding what are his plans for the business when Colleyville Boulevard is under construction, what plans are in place during this time period. Mr. Van Doren stated the construction will create dirty cars. He stated he has saved money to use during the construction process to last six months and never have to wash a single car. Commissioner Dudziak questioned Mr. Van Doren if there is another use if the business were to fail? Mr. Van Doren replied no. He stated, as requested by the Commission and staff, he brought forth a PUD to limit the use for the property as opposed to the CC2 request. Mr. Nasca stated two car washes in the past have been turned into a restaurant facilities as well as a church. Commissioner Dudziak questioned Mr. Van Doren if he has any issues with the landscape package that staff has suggested? Mr. Van Doren replied being happy to do what staff recommends. He stated this facility will create approximately 31 jobs, 20 of which will be full time. Commissioner Taylor questioned Mr. Van Doren regarding the cost for the service? Mr. Van Doren replied there will be three packages to choose from and stated the prices being from $21.95 to $39.95. Commissioner Redfearn moved to approve case Z-07-027 with the following amendments to the ordinance: add a letter c under number seven of the ordinance to state a SUP expiration be tied to a certificate of occupancy for this business and add a number nine of the ordinance to state the installation of box shield lighting. Commissioner Duffy seconded. Commissioner Dudziak questioned Mr. Van Doren regarding if a cross access easement can be installed on the north side toward Ross Downs? Mr. Van Doren replied he would be glad to do that. Commissioner Redfearn acknowledged the friendly amendment. City Attorney Kallas stated or as per the Land Development Code requirements regarding cross access easements. Commissioners Dudziak and Redfearn concurred. Mr. Van Doren replied he would do so. City of Colleyville Page 9 Printed on 8/14/2007 Planning and Zoning Commission Minutes -Final July 23, 2007 Commissioner Duffy accepted the amendments. Commissioner Byerly restated the motion: Commissioner Redfearn moved to approve case Z-07-027 with the following amendments to the ordinance: add a letter c under number seven of the ordinance to state a SUP expiration be tied to a certificate of occupancy for this business and add a number nine of the ordinance to state the installation of box shield lighting and that a cross access easement as per the Land Development Code on the north side. Commissioner Duffy seconded. The motion carried by the following vote: Aye: 4 -Redfearn, Taylor, Duffy, Byerly Nay: 2 -Knox, Dudziak Absent: 1 -Phelps 8c Approval of a request to amend the PUDC-Planned Unit Development Commercial zoning district for the Colleyville Place Assisted Living facility on Tract A-1, Block 2 of the Highland Acres Addition located at 5314 Bransford Road, Case Z-07-028 Ron Ruthven presented the case and briefed the Commissioners. Commissioner Byerly opened the public hearing at 8:59 p.m. Pat Ray, the applicant, came forward to present the case and brief the Commissioners. Commissioner Redfearn questioned Mrs. Ray regarding if the Type B is a state license? Mrs. Ray replied yes, the residents who are needing the Type B license would like to stay at the facility. There being no one wishing to speak, the public hearing was closed at 9:01 p.m. Commissioner Dudziak moved to approve case Z-07-028. Commissioner Taylor seconded. Commissioner Duffy stated this facility is a good neighbor. The motion carried by the following vote: Aye: 6 -Knox, Dudziak, Redfearn, Taylor, DufFy, Byerly Absent: 1 -Phelps 9. STAFF COMMENTS, REPORTS AND DISCUSSION ITEMS None City of Colleyville Page 10 Printed on 8/14/2007 Planning and Zoning Commission Minutes -Final Juty 23, 2007 10. 11. COMMISSIONERS' COMMENTS AND REPORTS None ADJOURNMENT The meeting adjourned at 9:02 p.m. I hereby certify the above agenda was posted on the bulletin boards at City Hall on Thursday, July 19, 2007 by 5:00 p.m. Amy Shelley, Planning and Zoning Assistant The meeting minutes were approved on August 13, 2007. ---- City of Colleyville Page 11 Printed on 8/14/2007