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HomeMy WebLinkAboutPlanning and Zoning Commission-Minutes-8/13/2007` ` ' City of Colleyville Minutes -Final ~~:, Planning and Zoning Commission 100 Main Street Colleyville, Texas 76034 (817) 503-1000 www.colleyville.com Monday, August 13, 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 August 13, 2007 at 7:05 p.m. 2. ROLL CALL Present: Commissioners Larry Knox, Dave Dudziak, Scott Redfearn, Mary Taylor, David Phelps, Denis Duffy, Jeff Byerly Staff Present: Chris Fuller, Ron Ruthven, Rob McKeown, Jeremy Hutt and Amy Shelley 3. INVOCATION The invocation was given by Commissioner Phelps. 4. PLEDGE OF ALLEGIANCE 5. APPROVAL OF MINUTES Commissioner Dudziak moved to approve the July 23, 2007 meeting minutes as written. Commissioner Knox seconded. The motion carried by the following vote: Aye: 7 -Knox, Dudziak, Redfearn, Taylor, Phelps, Duffy, Byerly City of Colleyville Page 1 Printed on 8/29/2007 Planning and Zoning Commission Minutes -Final August 13, 2007 6. CITIZEN COMMENTS REGARDING ITEMS NOT ON THE AGENDA None 7. REGULAR AGENDA ITEMS 7a Approval of a Minor Plat for Lot 1, Block 1 of the Davis Medical Office Addition being 0.7 acres on Tract 2W2, Abstract 180 of the J.L. Byas Survey located at 6208 Colleyville Boulevard, Case P-07-037 Ron Ruthven presented the case and briefed the Commissioners. Commissioner Redfearn moved to approve case P-07-037. Commissioner Duffy seconded. Joanna Kepler with Baird Hampton and Brown came forward to answer any questions. Commissioner Dudziak questioned Ms. Kepler regarding the cross access easement waiver, has it been considered that there may or may not be a median cut that will allow access from the northbound lane of SH26? Ms. Kepler questioned Commissioner Dudziak if he is asking about the driveway location? Commissioner Dudziak stated if there are not any cross access easements it will be more difficult for other traffic to go either into the development from the northbound direction or from one property to the other. Commissioner Dudziak questioned Ms. Kepler if that has been discussed with the other individuals? Ms. Kepler replied that was not something that was discussed and they did not talk about the cross access. Commissioner Phelps questioned Ms. Kepler regarding what is the easement to the rear of the property connecting to? Ms. Kepler replied the reason for providing that was for if in the future the property to the south was added, they could then provide a cross access easement. She stated currently there are handicap parking spaces that could be restriped and the cross access could be provided at that location. Commissioner Phelps and Ms. Kepler discussed the length of the driveway regarding fire access. The motion carried by the following vote: Aye: 6 -Knox, Redfearn, Taylor, Phelps, Duffy, Byerly Nay: 1 -Dudziak City of Colleyville Page 2 Printed on 8/29/2007 Planning and Zoning Commission Minutes -Final August 13, 2007 7b Approval of a Minor Plat for The Gardens Addition being 3.2 acres on Tracts 3D, 3D2, 3D3, 3E, 3E2 and 3E3, Abstract 963 of the A.J. Lott Survey located at 7013, 7015 and 7017 Colleyville Boulevard, Case P-07-040 Ron Ruthven presented the case and briefed the Commissioners. Commissioner Dudziak questioned staff regarding if the lot to the rear has a full access easement to Colleyville Boulevard? Ron Ruthven replied yes, there is an access easement that goes all the way to Colleyville Boulevard. Commissioner Phelps moved to approve case P-07-040. Commissioner Dudziak seconded. Commissioner Duffy questioned if the driveway to the south side of this property is included in this plat? Ron Ruthven replied that driveway is not included in this plat. Commissioner Duffy questioned if those homes are addressed on Colleyville Boulevard? Ron Ruthven replied they appear to be addressed on Colleyville Boulevard. The motion carried by the following vote: Aye: 7 -Knox, Dudziak, Redfearn, Taylor, Phelps, Duffy, Byerly 8. PUBLIC HEARING AGENDA ITEMS ga Approval of a Replat for Lots 7R1, 7R2 and 7R3, Block 1 of the Heritage Office Park Addition on 2.2 acres being Lot 1, Block 1 of the Heritage Office Park Addition located at 5205 Heritage Avenue, Case P-07-038 Ron Ruthven presented the case and briefed the Commissioners. Commissioner Byerly opened the public hearing at 7:24 p.m. Cindy Plano, the builder, and Jeff Bullard, the applicant, came forward to answer any questions. Commissioner Duffy questioned Fire Marshal McKeown regarding if the east end of this lot is covered by fire protection? Marshal McKeown replied that fire access and fire protection are required at the time of building permits and are absolutely necessary. There being no one wishing to speak, the public hearing was closed at 7:25 p.m. Commissioner Knox moved to approve case P-07-038. Commissioner City of Colleyville Page 3 Printed on 8/29/2007 Planning and Zoning Commission Minutes -Final August 13, 2007 Taylor seconded. The motion carried by the following vote: Aye: 7 -Knox, Dudziak, Redfearn, Taylor, Phelps, Duffy, Byerly gp Approval of a Replat for Lots 2R1 and 2R2, Block 1 of the Combs Addition on 1.4 acres being Lot 2, Block 1 of the Combs Addition located at 6104 Hunter Lane, Case P-07-039 Ron Ruthven presented the case and briefed the Commissioners. Commissioner Byerly opened the public hearing at 7:27 p.m. There being no one wishing to speak, the public hearing was closed at 7:27 p.m. Commissioner Dudziak moved to approve case P-07-039. Commissioner Knox seconded. The motion carried by the following vote: Aye: 7 -Knox, Dudziak, Redfearn, Taylor, Phelps, Duffy, Byerly gc Approval of a request for a zoning change from AG-Agricultural to PUDR-Planned Unit Development Residential on 5.6 acres out of the S.C.H. Witten Survey located at 2505-2509 Hall Johnson Road, Case Z-07-022 Ron Ruthven presented the case and briefed the Commissioners. Commissioner Dudziak questioned staff regarding if the open space requirements have been met and that the pond does not exceed 25% of it's total toward the open space? Ron Ruthven replied the open space is just below the open space requirements for a PUD requirement, however, the pond is not more than 25% of the open space. Commissioner Byerly opened the public hearing at 7:30 p.m. Curtis Young, the applicant, came forward to present the case and brief the Commissioners. Commissioner Taylor questioned Mr. Young if this will be a gated community? Mr. Young replied this will not be gated. Commissioner Phelps questioned Mr. Young regarding what materials are being used for the perimeter fencing? Mr. Young replied wrought iron with masonry columns. He stated the greenbelt will be visible from the roads. City of Colleyville Page 4 Printed on 8/29/2007 Planning and Zoning Commission Minutes -Final August 13, 2007 Commissioner Phelps questioned Mr. Young if there would be any other additional gates within the development to enter? Mr. Young replied no, the only entries are off of Amador and Hall Johnson. Commissioner Dudziak questioned Mr. Young regarding the commitment to put in trees, is one every 50 feet based on that perimeter distance for the common area number one? Mr. Young replied yes. Commissioner Dudziak questioned Mr. Young if existing trees would be used in the common area number two area? Mr. Young replied yes. Commissioner Dudziak questioned Mr. Young if there will be some type of arbor for the people to sit underneath? Mr. Young replied yes. Commissioner Phelps and Mr. Young discussed the entry ways to the park area. Commissioner Dudziak questioned Mr. Young if the sidewalk will be concrete? Mr. Young replied yes. Commissioner Knox questioned Mr. Young regarding what will the average square footage of the homes be? Mr. Young replied the average will be well over 3,000 square feet, somewhere between 3,300 and 3,600. Commissioner Taylor questioned Mr. Young if these will be two story structures? Mr. Young replied there will be a few. Commissioner Dudziak questioned Mr. Young if there are concerns for the two story structures from the residents to the east? Mr. Young replied none known. He stated there will be trees and setbacks to accommodate the privacy. Tom Pasquale, 2306 Arbor Trail, spoke in favor of this request and stated it will be an asset to the community. Carolyn Meeks, 2307 Poplar Lane, spoke in favor of the project and stated it will enhance the neighborhood. Gaye Lynn Wimmer, 5700 Winding Trail, stated not being opposed to the project on whole, but stated having concerns for the lot sizes and barriers between the two. Keith Coburn, 5505 Sycamore Drive, spoke in favor of the project and stated he wanted the Plant Shed to go away. Marsha Gayle, 2502 Arbor Trail, spoke in favor of the project and stated City of Colleyville Page 5 Printed on 8/29/2007 Planning and Zoning Commission Minutes -Final August 13, 2007 because she is in real estate she knows what the people are wanting. Dale McCawley, 5809 N. Ballantrae Drive, spoke in favor of the request. Lorin Wilson, 68 Nottingham Place, spoke in favor of the request and stated the home values in the area will increase with this project. Kent Harold, 5704 Winding Trail, stated something needs to be done with the Plant Shed, but not this development. He stated not being in favor of the request. Mark Humiston, 5501 Dusty, stated being in favor of the request but stated having issues with the zoning portion, he would like to see R20 zoning, but would be happy with R10 zoning. Jeff Avery, 3063 Parr Lane, Grapevine, stated being interested in buying these type lots. He spoke in favor of the request. Fred Mills, 5400 Linden Court, spoke in favor of the request and stated the developer is trying to work with the neighborhoods surrounding this development. Dave McCormack, 6612 McMakin Court, spoke on behalf Dale McCulley, 5808 N. Ballantrae, and stated Mr. McCulley is in favor of the request. There being no one wishing to speak, the public hearing was closed at 8:31 p.m. Mr. Young came forward to address the concerns of the speakers. He stated drainage is always a concern and he stated they will take into consideration all of the issues regarding the neighbors and drainage. Commissioner Duffy questioned Mr. Young regarding the drainage analysis, one has been turned in and accepted by staff? Mr. Young replied yes. Commissioner Duffy stated all of the houses along Winding Trail are two story. He thanked him for his changes from the previous submittal and stated he would be in favor of the request. Commissioner Taylor thanked the citizens for their comments and intelligence. Commissioner Dudziak questioned if there could be some additional screening for Lots 5-8 for privacy? Mr. Young replied there will be trees planted that will eventually provide the additional screening. Commissioner Redfearn and Mr. Young discussed the trees that are currently on the property and the additional trees that will be provided for City of Colleyville Page 6 Printed on 8/29/2007 Planning and Zoning Commission Minutes -Final August 13, 2007 screening. Commissioner Duffy stated again that the houses on Winding Trail are two story. He stated not having an issue with this development having two story homes as well. Commissioner Dudziak questioned Mr. Young if the drainage will be addressed and directed in a southern direction? Mr. Young replied it will be detained in the detention pond that is on the plan and when it leaves the detention pond, it will drain in the natural flow to the south. Commissioner Dudziak questioned Mr. Young regarding if those lots will be raised above that will cause the fences and the houses to be raised above on the east side? Jeremy Hutt, Project Engineer for City of Colleyville, stated there have not been any grading plans submitted. He stated there has been a preliminary drainage analysis to show where the water will go and how the developer will detain it. He stated not having seen any grading plans which indicate any major changes in the topography for the area. Commissioner Knox questioned Mr. Young if there will be storm drainage system installed in the street. Mr. Young replied it will be an above ground drainage facility that will ultimately go to the drainage channel. Commissioner Duffy moved to approve case Z-07-022. Commissioner Dudziak seconded. Commissioner Phelps stated along the eastern property line, there is a ridge that naturally drains both directions, therefore, the plans indicate there may be an opportunity for the drainage to be addressed. Commissioner Redfearn stated there is some goodness to the PUD zoning with regards to the open space that is provided and is contiguous. He stated there is an improved screening. He stated this project has improved since the last submittal and he stated he appreciates the support of the neighbors. Commissioner Byerly thanked the citizens for coming out. He stated there is not a R10 zoning district and that the PUDR is the closest to the R10 zoning district. He stated there could be more lots in this project if there were a R10 zoning district. He stated the opposition has already triggered the need for a super majority vote for City Council. He stated those who spoke in favor of the project need to come to the City Council meeting. Commissioner Taylor stated if the others who opposed the plan possibly saw the new plan, they may rescend their vote that would take away the City of Colleyville Page 7 Printed on 8/29/2007 Planning and Zoning Commission Minutes -Final August 13, 2007 need for the super majority for City Council. The motion carried by the following vote: Aye: 7 -Knox, Dudziak, Redfearn, Taylor, Phelps, Duffy, Byerly 8d Approval of a request for a zoning change from R20-Single Family Residential to PUDC-Planned Unit Development Commercial on 0.5 acres on Tract 4A01A, Abstract 936 of the Joseph M. Looney Survey located at 1100 Glade Road, Case Z-07-029 Ron Ruthven presented the case and briefed the Commissioners. Commissioner Dudziak questioned staff regarding if Mr. Wayne Quenichet has been contacted and does he agree with the statement in the Applicant's Response to the Development Review Committee memo? Ron Ruthven replied Mr. Quenichet has not contacted the office. Commissioner Byerly opened the public hearing at 8:51 p.m. Ben Thompson, the applicant and property owner, presented the case and briefed the Commissioners. Commissioner Duffy stated to Mr. Thompson regarding the parking area right on Glade Road will be lost as soon as Glade Road is expanded. Mr. Thompson stated the right of way has been indicated on the exhibit. Commissioner Duffy stated if the parking is put behind the house, off of Oak Timbers, all of the trees out front could be saved and it would be safer than backing in and out on Glade Road. Commissioner Duffy questioned Mr. Thompson if the parking could be put behind the house farther away from the intersection? Mr. Thompson replied the purpose for the parking out front was to keep the parking away from the neighborhood. He stated most of the nicer trees are in the back yard. He stated wanting this project to be low impact. Commissioner Phelps stated Oak Timbers is providing the most hazard but by closing off that entrance and having the parking out front, makes the design useless. He questioned Mr. Thompson if there was consideration regarding a wrap around or pull in to come in past the house? Mr. Thompson stated that was considered and that was the last option, primarily because they want to minimize the impact. He stated the sea of concrete would kill several trees and have a negative impact on the neighborhood. He stated they would be willing to put in a right turn only lane and route all of the traffic down Oak Timbers and then have the traffic come back to Glade Road, if that is what is desired from a safety stand point. City of Colleyville Page 8 Printed on 8/29/2007 Planning and Zoning Commission Minutes -Final August 13, 2007 Commissioner Phelps questioned Mr. Thompson regarding how many parking spaces are actually needed? Mr. Thompson stated a maximum of about five because of the access issues on Glade Road and Oak Timbers. Commissioner Phelps stated the public safety is a bigger issue than saving trees. He stated being in favor of redesigning the parking areas for public safety reasons other than to save trees, in this case. Mr. Thompson stated working with the existing property may not be the case. Commissioner Dudziak questioned Mr. Thompson regarding the Applicant's Response to the City includes a Phase III construction which may include executive type leasing, are there other phases that are planned that will expand the foot print of the building? Mr. Thompson replied the foot print of the building would remain as is and the parking is spaced for the building as it is. There being no one wishing to speak, the public hearing was closed at 9:03 p.m. Commissioner Phelps questioned staff regarding what are the procedures regarding if this were to be declined, what options does the applicant have? City Attorney Kallas replied if there is a denial, there would be super majority vote at City Council if the applicant were to appeal or the applicant could withdraw his request and come back to the Commission with a different request. He stated the applicant could also request that the Commission table the request to make the necessary changes without having to reapply with an additional fee. Commissioner Phelps questioned Mr. Thompson if he would rather have it be declined or continue to another date to work out some of the issues. Mr. Thompson stated he wished for the Commissioners to vote on the request as he has presented the best plan in the best interest of the neighborhood. He stated the worst case, he could resubmit with an additional fee. Tina Thompson, the applicant's wife, questioned if the item were to be tabled, could they come back with some changes without having to pay an additional fee? Staff concurred. Mr. Thompson replied he would be happy to table the request. Chris Fuller stated there would be a fairly quick turn around to be able to be scheduled for the next meeting. Commissioner Phelps moved to continue to the first meeting in September or sooner at staff's discretion. Commissioner Byerly seconded. Commissioner Byerly stated if the entrance on Glade Road is eliminated and the entrance on Oak Timbers is moved farther down, to get it out of the safety zone, even if that means there are some trees lost or parking City of Colleyville Page 9 Printed on 8/29/2007 Planning and Zoning Commission Minutes -Final August 13, 2007 spaces lost, then so be it. Chris Fuller replied there may be a way to bring it into compliance with the code. He stated the entrance on Glade Road would not be in compliance. Commissioner Phelps stated in that instance, the entrance and all of the parking will be in the back. Commissioner Byerly stated the only option would be to move the entrance on Oak Timbers down to be out of the safety zone, therefore, the parking can still be in the front. Commissioner Redfearn questioned staff regarding how many feet from Glade Road should the entrance be placed? Ron Ruthven replied 75 feet. Commissioner Phelps questioned staff if that 75 feet is with the new and improved Glade Road? Ron Ruthven concurred. Commissioner Byerly questioned Mr. Thompson regarding how many parking spaces is needed? Mr. Thompson replied five would be the minimum, nine would be the maximum. He stated there may be tenants that may need the parking. Commissioner Byerly and Mr. Thompson discussed issues with the driveway placement. Commissioner Dudziak stated wanting staff to be fully satisfied with the driveway placement to achieve safety. He stated he would follow those guidelines as recommended by staff. Commissioner Phelps stated the Oak Timbers driveway is too tight. He stated being concerned with the Glade Road entrance. He stated not wanting to see any trees destroyed, however, the safety of the people is of utmost concern. Commissioner Knox stated being in the same as Commissioner Dudziak and Commissioner Byerly. The motion carried by the following vote: Aye: 7 -Knox, Dudziak, Redfearn, Taylor, Phelps, Duffy, Byerly 8e Approval of a request for a Special Use Permit for on-premise alcohol sales, on 3.2 acres on Tracts 3D, 3D2, 3D3, 3E, 3E2 and 3E3, Abstract 963 of the A.J. Lott Survey located at 7013, 7015 and 7017 Colleyville Boulevard, Case Z-07-030 Ron Ruthven presented the case and briefed the Commissioners. The Commission recessed at 9:22 p.m. City of Colleyville Page 10 Printed on 8/29/2007 Planning and Zoning Commission Minutes -Final August 13, 2007 The Commission reconvened at 9:29 p.m. Commissioner Byerly questioned staff if this SUP mirrors a previous PUD ordinance that has expired? Chris Fuller replied yes, the conditions and standards have been taken from the previous ordinance. Commissioner Duffy and staff discussed the notification list and the properties that were notified. Commissioner Phelps questioned staff if 7001 Colleyville Boulevard will still have access to their property? Ron Ruthven stated that property has been granted access to Colleyville Boulevard by an easement to the south of the subject property. Commissioner Dudziak questioned staff if the SUP is for the entire property and structure as contained on the site plan? Chris Fuller concurred. Commissioner Duffy questioned why did the previous SUP expired? Ron Ruthven stated there was no certificate of occupancy applied for or building permit applied for within a specific period of time, therefore, it has expired. Commissioner Duffy questioned if this property has changed hands? Ron Ruthven stated not knowing. Commissioner Duffy stated not being comfortable with a blanket SUP on the property. Chris Fuller stated the Town Center development is similar to what this developer is requesting, therefore, blanket SUPs have been granted in the City. Commissioner Dudziak stated if a blanket SUP is not approved, will the applicant have to come back and request a SUP for the individual units? Chris Fuller replied yes. Commissioner Byerly opened the public hearing at 9:36 p.m. Ian Norfolk, the applicant, stated they are not asking for anything more than what was previously requested. Commissioner Dudziak questioned Mr. Norfolk regarding why the blanket SUP? Mr. Norfolk stated it will be much like the Town Center development. The blanket SUP request makes it easier for the rental of the properties, it makes the development more marketable. Commissioner Redfearn questioned the SUP request for hours of operation? Mr. Norfolk stated it being the normal operating hours of a standard restaurant facility. City of Colleyville Page 11 Printed on 8/29/2007 Planning and Zoning Commission Minutes -Final August 13, 2007 Commissioner Redfearn questioned staff if these hours are consistent with other SUPs in Colleyville? Chris Fuller concurred. Commissioner Duffy questioned Mr. Norfolk regarding how long has this concept been around, about five years? Mr. Norfolk stated he completed this project about two months ago. Commissioner Duffy stated the sign on the property has been there for several months and it states commercial. Mr. Norfolk stated this plan has not been around for a long time. Kip Whitman, the owner of the property, stated he attempted to develop this property a long time ago but when the realignment for John McCain did not happen, he lost the prospective tenants he had in line. Mr. Whitman briefed the Commissioners regarding the concept plan. Commissioner Phelps questioned Mr. Whitman regarding the overall intent, in general, what is the design? Mr. Whitman presented a drawing showing the development. Commissioner Taylor questioned if there are tenants who are ready to lease? Mr. Whitman replied yes, the Chamber and possibly a sushi restaurant. Stephen Bates, 2205 Danielle Drive, stated having concerns for the alcohol sales, hours of operation and the parking in the rear. He stated not having issues with the businesses. Pat Devonshire, 2201 Danielle Drive, stated having concerns for the alcohol sales, hours of operation, the noise and potential for crime. She stated the developer has not given any consideration to the neighbors. She stated the garden terraces will look directly down into her yard. She stated the parking in the rear is not good for the neighbors. There being no one wishing to speak, the public hearing was closed at 9:55 p.m. Mr. Whitman came forward to answer the questions of the neighbors. Commissioner Redfearn questioned staff regarding if this property has been zoned CC1 since 1998. Chris Fuller replied yes. Commissioner Dudziak questioned staff if the minor plat has been approved? Ron Ruthven replied yes. Commissioner Dudziak questioned staff if the Commission is approving this layout or just the SUP request? Ron Ruthven replied just the SUP request. Commissioner Phelps questioned staff regarding if this layout is a Cify of Colleyville Page 12 Printed on 8/29/2007 Planning and Zoning Commission Minutes -Final August 13, 2007 binding document with the SUP? City Attorney Kailas replied that is an exhibit attached to the request, the SUP for alcohol does not contain the exhibit in the conditions. Commissioner Phelps moved to approve case Z-07-030. Commissioner Redfearn seconded. Commissioner Knox questioned staff if the rear yard set back is being waived by this ordinance? City Attorney Kailas stated they are asking for the same as the previous ordinance that was previously approved by the City. Commissioner Phelps stated the SUP for alcohol use is the same privilege to open any chain restaurant, but being able to solicit, in the interest, to extend what has been there up to this point. He questioned staff regarding if there is another termination period where this would expire if there is not a building permit issued? Ron Ruthven stated there is an automatic appeal clause if there is not a certificate of occupancy or building permit issued within a one year period. The motion carried by the following vote: 8f 9. 10. Aye: 7 -Knox, Dudziak, Redfearn, Taylor, Phelps, Duffy, Byerly Amendment to Chapter 3, Sections 3.17 to 3.22 and Section 3.24, Table of Permitted Uses, of the Land Development Code, Case G-07-013 Chris Fuller presented the case and briefed the Commissioners. Commissioner Byerly opened the public hearing at 10:05 p.m. There being no one wishing to speak, the public hearing was closed at 10:06 p.m. Commissioner Dudziak moved to approve case G-07-013. Commissioner Duffy seconded. The motion carried by the following vote: Aye: 7 -Knox, Dudziak, Redfearn, Taylor, Phelps, Duffy, Byerly STAFF COMMENTS, REPORTS AND DISCUSSION ITEMS None COMMISSIONERS' COMMENTS AND REPORTS None City of Colleyville Page 13 Printed on 8/29/2007 Planning and Zoning Commission Minutes -Final August 13, 2007 11. ADJOURNMENT The meeting adjourned at 10:07 p.m. I hereby certify the above agenda was posted on the bulletin boards at City Hall on Thursday, August 9, 2007 by 5:00 p.m. Amy Shelley, Planning and Zoning Assistant The meeting minutes were approved on August 27, 2007. City of Colleyville Page 14 Printed on 8/29/2007