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HomeMy WebLinkAboutPlanning and Zoning Commission-Minutes-06/12/2017 City of Colleyville Page 1 City of Colleyville Planning and Zoning Commission Minutes City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com Monday, June 12, 2017 City Council Chambers CALL MEETING TO ORDER The City of Colleyville Planning and Zoning Commission meeting was called to order by Vice Chairman van Bever on June 12, 2017, at 7:00 p.m. Roll Call Present: Commissioners Susan Mathisen, Veronica Baughman, Sam van Bever, Charles Kelly, and Jason Elms Absent: Commissioner John Frazier Staff Present: Ben Bryner, Cheryl Taylor, Oscar Chavez, Eddie Tangadunrat, Robert McKeown, Araceli Botello, and Assistant City Attorney Evan Fisher 1. APPROVAL OF MINUTES Commissioner Elms made a motion to approve the May 8, 2017 minutes. Commissioner Mathisen seconded. The motion to approve carried by the following vote: Aye: 5 – Mathisen, Baughman, van Bever, Kelly, and Elms Nay: 0 2. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA There were no citizen comments/presentations regarding items not on the agenda. 3. PUBLIC HEARING AGENDA ITEMS 3a Consideration of a replat, being Lots 2R1, 2R2, & 2R3, Block 1, if the Morris Addition, a replat of Lot 2, Block 1, of the Morris Addition, located at 7201 Pleasant Run Road, Case PC17-006 Planning and Zoning Commission Minutes June 12, 2017 City of Colleyville Page 2 Ben Bryner presented the case and briefed the Commission. The applicant, Mark Assaad, 5000 Thompson Terrance, came forward and briefed the Commission. The public hearing was opened at 7:07 p.m. There being no others present wishing to speak, the public hearing was closed at 7:07 p.m. Commissioner Kelly questioned the applicant regarding a citizen letter received inquiring about the top soil manipulation, run off, and changes to the flood plain to the subject property. The applicant responded that he has not received any communication regarding these concerns. He added that no changes will be made to the flood plain, the only changes done were the trimming to some trees for clearing underbrush and replacing the fence line between the abutting properties with a wrought iron fence. Commissioner Mathisen questioned staff regarding concerns of additional dirt to be added to the eastern border. Staff responded that there are no current concerns at this time. Once building permits are submitted the applicant will be required to submit grading and drainage plans to comply with drainage and detention requirements. Commissioner Elms made a motion to approve Case PC17-006. Commissioner Baughman seconded. The motion to approve carried by the following vote: Aye: 5 – Mathisen, Baughman, van Bever, Kelly, and Elms Nay: 0 3B Consideration for a zoning change from the Ag – Agricultural zoning district to the R40 – Single Family Residential zoning district on Tract 5A01, Abstract 294, in the Robert Chowing Survey, located at 6260 Pool Road, Case ZC17-007 Ben Bryner presented the case and briefed the Commission. The applicant, Sharon Chan, 6300 Pool Road, came forward and briefed the Commission. The public hearing was opened at 7:15 p.m. Planning and Zoning Commission Minutes June 12, 2017 City of Colleyville Page 3 There being no one present wishing to speak, the public hearing was closed at 7:15 p.m. Commissioner Mathisen noted that the proposed zoning request of R-40 – Single Family Residential zoning district for the subject property is consisted with the Comprehensive Plan and ensures the integrity of the neighborhood. Commissioner Mathisen made a motion to approve Case ZC17-007. Commissioner Kelly seconded. The motion to approve carried by the following vote: Aye: 5 – Mathisen, Baughman, van Bever, Kelly, and Elms Nay: 0 3c Consideration of a Special Use Permit for a Convenience Store with Gasoline Sales on Lot 1R, Block 1, of the Gardens Addition, located at 7015 Colleyville Boulevard, Case ZC17-007 Ben Bryner presented the case and briefed the Commission. Commissioner Elms questioned the staff regarding the six provisions in the Comprehensive Plan that the proposed request is not in compliance with. Staff confirmed and provided additional explanation. The applicant, Drew Cunningham, 3225 Cumberland Boulevard, Atlanta, came forward and briefed the Commission. The applicant’s attorney, Tommy Mann, 500 Winsted Building, Dallas, came forward and briefed the Commission. Commissioner Baughman questioned the applicant regarding the proposed look for the outside of the building and if they had a photo from a different location. The applicant responded that he did not have a picture of the outside of the building to visually show what the actual building looks like. He added that the proposed prototype for the subject property is new and only one store is open at this time located in Greenville, Texas. Commissioner Elms made a notation about the vision of the comprehensive plan for the subject property regarding connectivity to the cotton belt trail and the building being close to highway 26. The attorney responded that six lane divided highways make it difficult to create a walkable retail street. He also addressed the concern of noise and light. Planning and Zoning Commission Minutes June 12, 2017 City of Colleyville Page 4 Commissioner Elms added that a 24 hour operation would not be desirable for the subject property. The attorney responded that the 24 hour operation is attached to the zoning and is not being requested to be altered. Commissioner Elms responded that the SUP is required for the 24 hour operation for any use not allowed by right on the subject property. Commissioner Mathisen referenced the requirements of the Comprehensive Plan for gateway signage, specifically for the Northern Gateway. The applicant’s attorney responded that two gateways would not be necessary, but the location of the current gateway makes sense when coming into town as opposed to going out of the city. Commissioner Mathisen added that the proposed monument sign for the gasoline station would overpower the gateway sign. The applicant’s attorney added that his client would be willing to add a second gateway sign. Discussion continued regarding the gateway signage. The public hearing was opened at 7:47 p.m. Henry Mikhail, 500 Briarwood North, came forward and spoke in opposition of the case. Mr. Mikhail address concerns regarding contamination and if the city collects tax on gasoline sales. Commissioner Mathisen addressed the question of tax on gasoline sales. She added that city does not receive tax proceeds for gasoline sales. The applicant, Drew Cunningham, 3225 Cumberland Boulevard, Atlanta, came forward and addressed the concerns regarding contamination. He explained the measures taken to avoid contamination and added he is not aware of any current contamination or lawsuits regarding contamination issues. Craig Wozniak, 7004 Coleman Court, came forward and spoke in opposition of the case. Mr. Wozniak addressed concerns regarding environmental impact and lack of research or data regarding traffic analysis by the RaceTrac. Pam Wozniak, 7004 Coleman Court, came forward and spoke in opposition of the case. Mrs. Wozniak addressed concerns regarding environmental impacts and poor stewardship from RaceTrac. Pat Aistrup, 2201 Danielle Drive, came forward and spoke in support of the case. Mrs. Aistrup addressed her support for the proposed use being a single story structure and a masonry wall proposed blocking the view. Dave Aistrup, 2201 Danielle Drive, came forward and spoke in support of the case. Mr. Aistrup addressed having no concerns regarding the pollution by the proposed used and it being a gateway entrance. Planning and Zoning Commission Minutes June 12, 2017 City of Colleyville Page 5 Floyd Swaim, 204 Timberline South, came forward and spoke in support of the case. Mr. Swain addressed his support for the potential revenue, lower density, and RaceTrac being a good steward to the environment. Randy Johnson, 7401 Braemar Terrace, came forward and spoke in support of the case. Mr. Johnson addressed his support for potential road improvement, business growth in the area, and the aesthetics of the proposed building. Matt Koch, 6907 Upland Lane, came forward and spoke in opposition of the case. Mr. Koch addressed concerns regarding pollution, high traffic, and this type of use near the gateway entrance. The applicant, Drew Cunningham, 3225 Cumberland Boulevard, Atlanta, came forward for a rebuttal before the Commission. The applicant addressed the concerns of the speakers. There being no others present wishing to speak, the public hearing was closed at 8:24 p.m. Commissioner Elms opened discussion regarding making decisions based on the Comprehensive Plan and whether the proposed request meets the direction of the plan. Commissioner Kelly added that he likes the idea of RaceTrac in the city, but not at the proposed location and adjacent to a residential area. Commissioner Kelly made a motion to deny Case ZC16-007. Commissioner Mathisen seconded. The motion to deny carried by the following vote: Aye: 5 – Mathisen, Baughman, van Bever, Kelly, and Elms Nay: 0 3d Consideration of a Special Use Permit for Alcohol Beverage Sales – (Beer and Wine Only) – Off-Premises Consumption, on Lot 1R, Block 1, of the Gardens Addition, located at 7015 Colleyville Boulevard, Case ZC17-010 Ben Bryner presented the case and briefed the Commission. The attorney, Tommy Mann, 500 Winsted Building, Dallas, came forward and briefed the Commission. The public hearing was opened at 8:28 p.m. Planning and Zoning Commission Minutes June 12, 2017 City of Colleyville Page 6 Pam Wozniak, 7004 Coleman Court, came forward and spoke in opposition of the case. Mrs. Wozniak addressed her opposition for alcohol sales due to the previous case being denied on the request for a convenience store with gasoline sales. Pat Aistrup, 2201 Danielle Drive, came forward and spoke in support of the case. Mrs. Aistrup addressed various concerns about prior proposed business uses in the area. Randy Johnson, 7401 Braemar Terrace, came forward and spoke in support of the case. Mr. Johnson addressed concerns of gas tanks at his business location and commended RaceTrac for their work. Matt Koch, 6907 Upland Lane, came forward and spoke in opposition of the case. Mr. Koch addressed his opposition for alcohol sales. The following people wished to record their position but did not wish to speak: Opposition: Craig Wozniak, 7004 Coleman Court Support: Dave Aistrup, 2201 Danielle Drive There being no others present wishing to speak, the public hearing was closed at 8:37 p.m. Commissioner Kelly made a motion to deny Case ZC17-010. Commissioner Baughman seconded. The motion to deny carried by the following vote: Aye: 5 – Mathisen, Baughman, van Bever, Kelly, and Elms Nay: 0 3e Consideration of approval of amendments to the Land Development Code regarding a proposed requirement that newly installed utilities be underground; specifically Chapter 9 – Subdivision Design & Public Facilities, Section 9.17 Street Design Criteria, proposed Section 9.18 Easement, proposed Section 9.19 Private Utilities, and Chapter 14 – Engineering Design Standards, Section 14-175 Miscellaneous, Case GC17-015, TABLED FROM MAY 8, 2017 MEETING Planning and Zoning Commission Minutes June 12, 2017 City of Colleyville Page 7 Commissioner Elms made a motion to remove Case GC17-015 from the table. Commissioner Mathisen seconded. The motion carried by the following vote: Aye: 5 – Mathisen, Baughman, van Bever, Kelly, and Elms Nay: 0 Ben Bryner presented the case and briefed the Commission. Staff noted the following amendments to the underground utility proposal as requested by the Commission: Section 14-175 Miscellaneous B. Underground Utilities – All newly installed lines, cables, or other conduits for utilities shall be installed below ground and in accordance with the regulations found in Section 9.19 Private Utilities. Section 9.19 Private Utilities A. Newly Installed Utilities Required to be Underground (O-17-xxxx / xx- xx-17) 1. All newly installed gas, electric, telephone utilities, street lighting, cable television, and fiber lines shall be underground. 2. All electric, telephone, cable, and fiber utilities shall be placed in the rear easement. Mechanical equipment, transformers, and other visible installations will not be permitted in the front yards of any lots. 3. All support equipment (transformers, amplifiers, switching devices, etc.) necessary for underground installations shall be pad mounted or placed underground. Nothing in this section shall restrict or prohibit the placement, erection, or construction of street lighting poles or standards above ground, provided all lines and wires used to provide such lighting are placed underground. 4. All above ground equipment shall be screened from public view, in such a manner that the ground equipment cannot be seen from a public right-of-way. Said screening shall be completed at the time of installation by the utility company and/or developer. 5. Where existing overhead service or lateral/distribution utilities lines are located within the land proposed for development and the lines Planning and Zoning Commission Minutes June 12, 2017 City of Colleyville Page 8 must be relocated to accommodate the development, the developer is responsible for relocation and placement of the lines underground. 6.All new service lines shall be placed underground. 7.Overhead services will not be permitted to cross public rights-of-way. All such crossings of a right-of-way will be required to be completed by methods as approved by the city. 8.Temporary construction service may be provided by overhead electric lines and facilities without obtaining a variance or exception, provided that when the underground utility service to any portion of a subdivision is completed, such overhead electric lines and facilities are promptly removed. Commission Mathisen recommended additional language be added to temporary overhead electric use to include work performed for remodeling or redevelopment associated with certificates of occupancy and final inspections. The Commission agreed. The public hearing was opened at 8:49 p.m. There being no others present wishing to speak, the public hearing was closed at 8:49 p.m. Commissioner Elms made a motion to approve Case GC17-015 as presented by City Staff. Commissioner Kelley seconded. The motion to approve carried by the following vote: Aye: 5 – Mathisen, Baughman, van Bever, Kelly, and Elms Nay: 0 4. ADJOURMENT The meeting adjourned at 8:51 p.m. The minutes were written and prepared by: Araceli Botello Planning Technician The meeting minutes were approved on July 10, 2017 by a vote of 7-0.