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HomeMy WebLinkAboutPlanning and Zoning Commission-Minutes-08/14/2017 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, August 14, 2017 City Council Chambers CALL MEETING TO ORDER The City of Colleyville Planning and Zoning Commission meeting was called to order by Chairwoman Mathisen on August 14, 2017, at 7:13 p.m. Roll Call Present: Commissioners Sam van Bever, Veronica Baughman, Susan Mathisen, Charles Kelley, John Frazier, and Jason Elms Absent: Commissioner Chris Putnam Staff Present: Ben Bryner, Felix Landry, Oscar Chavez, Taylor Schauwecker, Chief Brian Riley, Robert McKeown, Amy Shelly, Araceli Botello, and Assistant City Attorney Nicole Corr 1. APPROVAL OF MINUTES Commissioner Elms made a motion to approve the July 10, 2017 minutes. Commissioner van Bever seconded. The motion to approve carried by the following vote: Aye: 6 – van Bever, Baughman, Mathisen, Kelley, Frazier, 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. REGULAR AGENDA ITEMS 3a Consideration of a Minor Plat for the Stowe Addition on property legally described as Tract 2A, Abstract 1692, in the Joseph White Survey, located at 816 Shelton Drive, Case PC17-005 Planning and Zoning Commission Minutes July 10, 2017 City of Colleyville Page 2 Commissioner Elms stated a need to abstain from the item and recused himself from the meeting. Ben Bryner presented the case and briefed the Commission. Commissioner Frazier questioned staff regarding the waivers for the lot neighboring to the north of the subject property. Staff responded that the lot to the north is smaller in size than the subject property and was not able to go through the rezoning process. Instead, the lot went through the plat waiver process and was granted the requested setbacks waivers of 25 feet for the rear, 10 feet for the side, and no waiver for the front which maintained a 40 foot setback. The applicant, Jeff Avery, 1314 Worthington Street, Grapevine, came forward and briefed the Commission. Chairwoman Mathisen questioned the applicant regarding the applicant’s front yard setback request. The applicant responded that he is agreeable to a 40 foot front yard setback instead of a 30 foot front yard setback along Pleasant Run Road. The applicant added that the other waiver requests are still desired. Discussion continued regarding the setbacks for the subject property. Commissioner Frazier questioned the applicant regarding a floor plan for the subject property. The applicant responded that he did not have a floor plan as of yet for the subject property. Commissioner Frazier questioned the applicant regarding the applicant’s ability to build a house on 20,792 square feet of lot coverage without seeking a variance to the lot coverage regulation. The applicant responded that he could not guarantee that a buyer would not come before the Board of Zoning Adjustment to seek a variance. Discussion continued regarding lot coverage on the subject property. Greg Shannon, the owner, 3205 Tanglewood Trail, Fort Worth, came forward and briefed the Commission speaking in favor. Cecil Stowe, the owner, 109 Southeast Newton Drive, Burleson, came forward and briefed the Commission speaking in favor. Chairwoman Mathisen made a notation to clarify that the request made before the Commission is for a plat approval request and not for a rezoning request. Commissioner Frazier questioned staff regarding motions made with changes to the merit of the applicant’s request. Staff responded that the Commission can make motions with changes to the merit of the applicant’s request. Planning and Zoning Commission Minutes July 10, 2017 City of Colleyville Page 3 Discussion continued regarding changes and modification to request made by applicants. Commissioner Frazier made a motion to approve Case PC17-005 with the condition that the setback on Pleasant Run Road be 40 feet in lieu of the requested 30 feet. Commissioner Baughman seconded. The motion to approve carried by the following vote: Aye: 5 – van Bever, Baughman, Mathisen, Kelley, and Frazier Nay: 0 4. PUBLIC HEARING AGENDA ITEMS 4a Consideration of a zoning change from the AG Agricultural zoning district to the PUD-C Planned Unit Development Commercial zoning district on Tract A8, Abstract 1034, in the Green Minter W Survey, located at 5008 Roberts Road, Case ZC17-011 Commissioner Elms rejoined the meeting. Ben Bryner presented the case and briefed the Commission. Commissioner Elms questioned staff regarding the area described as “Part Lot 1R” on the Site Plan Exhibit. Staff pointed to the Site Plan Exhibit and responded that the area is an open space that is a portion of the larger property owned by the church. Commissioner Kelley referenced the Site Plan Exhibit and questioned staff regarding the thoroughfare running through the church’s parking lot. Staff confirmed that it is the main drive for the development. Commissioner Kelley questioned staff regarding the proposed living screen wall. Staff responded that if approved there is a list of recommended trees and shrubs that will provide the screen. The city’s Urban Forester will also help to identify the type of plant material best suited to create the living screen. Commissioner Elms referenced to the Site Plan Exhibit and questioned staff regarding the purpose of the 100 foot fire truck turnaround with an exit access onto Glade Road. Staff noted that there is no median cut to turn left and go east out of the drive onto Glade road. The turnaround allows an emergency vehicle to turn around and access back onto Roberts Road to then be able to turn east. Planning and Zoning Commission Minutes July 10, 2017 City of Colleyville Page 4 Commissioner Frazier questioned staff regarding a detention pond as part of the drainage plan. Staff responded that the intention is for the property to drain into a detention pond in the adjacent neighborhood. Staff added that the drainage plan includes expanding the existing pond to detain the increase run-off that is added to what exists today. Chairwoman Mathisen questioned staff regarding concerns of the thoroughfare running through the church’s parking lot. Staff responded that there are no concerns. Discussion continued regarding the drive lanes on the subject property. Commissioner Frazier questioned staff regarding the landscaping requirements for the subject property. Staff responded that there will be tree planting requirements and the site plan review will verify compliance with the landscape requirements. The owner, Ricky Texada, 1801 Arrington Green, came forward and briefed the Commission. The applicant, Criss Murdoch, 25 Oak Bluff Drive, Cross Roads, came forward and briefed the Commission. Chairwoman Mathisen questioned the applicant regarding the number of phases for construction. The applicant responded that there would two phases, three houses for each phase. The applicant added that the first phase would include the detention pond. Commissioner Kelley questioned the applicant on the time in between the phases of development. The applicant responded that phase two would begin development based on the occupancy and success of the phase one development. The applicant added that current projections for development of phase 2 would begin in 2019. Discussion continued regarding the phases of development for the proposed project. Commissioner Baughman questioned the applicant regarding the elevations of the proposed buildings. The applicant responded that each ‘home’ would have different elevations but similar foot prints and floor plans. Chairwoman Mathisen questioned the applicant regarding the parking plan. The applicant responded that the projected number of maximum parking spaces utilized would be during the day shift, which is about 25-28 parking spaces out of the 48. Applicant added that there would 20 parking spaces for visitors or residents who do drive. Planning and Zoning Commission Minutes July 10, 2017 City of Colleyville Page 5 Discussion continued regarding the parking plan for the proposed project. Commissioner Frazier questioned the applicant regarding having an administration building. The applicant responded that the administrative work will be done out of the residences. Each building will have an office dedicated to a different administrative function. The applicant added that the homes will have “flex” or “bonus” rooms dedicated for a variety of uses. Commissioner Kelley questioned the applicant regarding over-serving the community with the proposed project due to similar projects in current development. The applicant responded that due to the increase in age of “baby boomers” and the proximity of Colleyville to other cities there is no concern of over-serving the community. Commissioner Frazier questioned the applicant regarding noise and lighting. The applicant responded he did not believe that noise would be a major factor. The applicant added that he would work with the City to address traffic and emergency response. He added that lighting will comply with the City’s ordinances. The owner, Ricky Texada, 1801 Arrington Green, came forward and addressed the concerns of the proposed project. Chairwoman Mathisen questioned staff regarding parking and open space requirements. Staff responded that the PUD-C ordinance requires a minimum of 20 percent open space area. Staff added that Land Development Code allows for shared parking with adjacent properties. The public hearing was opened at 8:35 p.m. Alexandria, Jenna, and Brooke McCombs, 5113 Auburndale Avenue, came forward and spoke in opposition of the case. Mrs. McCombs and her daughters addressed concerns regarding home value and preservation of the green space. Rebecca Hal, 4916 Prestwick Drive, came forward and spoke in favor but with major concerns of the case. Mrs. Hal addressed concerns regarding traffic on Glade Road, prolonged time of the construction, abandonment of construction, and parking. Don A. Johnson, 5509 Rustic Trail, came forward and spoke in support of the case. Mr. Johnson addressed the need to provide senior services. Planning and Zoning Commission Minutes July 10, 2017 City of Colleyville Page 6 Mary Shipferling, 4300 Pembrooke Parkway West, came forward and spoke in opposition of the case. Mrs. Shipferling addressed concerns regarding traffic and nuisance. Carey Ebert, 4106 Oxford Court, came forward and spoke in opposition of the case. Mrs. Ebert addressed concerns regarding parking, traffic, location of the proposed project, nuisance of emergency response, and decrease in property value due to commercial development. Louise Halprin, 2807 Summertree Lane, came forward and spoke in opposition of the case. Mrs. Halprin addressed concerns regarding traffic, location of proposed project, and abandonment of construction. The owner, Ricky Texada, 1801 Arrington Green, came forward for rebuttal and addressed concerns expressed. The applicant, Criss Murdoch, 25 Oak Bluff Drive, Cross Roads, came forward for a rebuttal before the commission. Chairwoman Mathisen opened discussion on the proposed live screening in lieu of the masonry wall along the western boundary. Commissioner Elms questioned staff regarding the proposed PUD-C zoning district on the subject property and development of single-family residential homes. Staff responded that single-family residential development is not permitted under the current PUD-C ordinance as proposed. Staff added that the subject property would require rezoning from the current zoning to permit development of single-family residential homes. Commissioner Elms questioned the applicant regarding increasing the parking. The applicant responded that parking could be added to the site plan. The applicant added that the reduction of parking spaces was in an effort to lessen the impact of looking at a giant parking lot of concrete and give it a more residential development look. Discussion continued regarding parking. Lance Bernard, 6281 Lone Star Lane, Aubrey, came forward and spoke in support of the case. Mr. Bernard addressed the concerns that were mentioned associated with parking and traffic. Lucas Barton, 5017 Auburndale Avenue, came forward and spoke in opposition of the case. Mr. Barton addressed concerns regarding parking, liability of the project, and location of the proposed project. Planning and Zoning Commission Minutes July 10, 2017 City of Colleyville Page 7 Pamela Van Dyke, 3400 Crossgate Circle North, came forward and spoke in opposition of the case. Ms. Dyke addressed concerns regarding traffic. The following people wished to record their vote but did not wish to speak: Opposition: Cyd Texada, 1801 Arrington Green Richard K. Brown, 5005 Shadowood Road There being no others present wishing to speak, the public hearing was closed at 9:16 p.m. Commissioner Frazier made a notation regarding the community’s response to the proposed project. Chairwoman Mathisen added that the case needs to be advertised on the City’s website. Commissioner Frazier made a motion to table Case ZC17-011 to the September 11, 2017 Planning and Zoning Commission meeting. Commissioner Kelley seconded. The motion to table carried by the following vote: Aye: 6 – van Bever, Baughman, Mathisen, Kelley, Frazier, and Elms Nay: 0 4b Consideration of an amendment to the PUD-C Planned Unit Development Commercial requirements on Lot 6R & 7R, Block 1, of the Winding Creek Addition located at 6504 and 6502 Colleyville Boulevard, Case ZC17-012 Ben Bryner presented the case and briefed the Commission. Commissioner Kelley questioned staff regarding the zoning and development of the subject properties. Staff responded that the properties are zoned PUD- C (Planned Unit Development – Commercial) which allows for single story office use on the subject lots which are currently undeveloped. Commissioner Elms questioned staff if the applicant contacted surrounding properties to the subject properties regarding the proposed two-story building. Staff responded that a recommendation was made to the applicant to contact surrounding properties about the proposed project. Commissioner Elms questioned staff regarding the dumpster’s location. Staff referenced the Site Plan Exhibit and indicated that it is allowed in the proposed Planning and Zoning Commission Minutes July 10, 2017 City of Colleyville Page 8 location per the existing ordinance. Staff added that based on the size of the building, the applicant is not required to provide a designated loading space. Discussion continued regarding the dumpster’s location. The applicant, Matt Moore, 1903 Central Drive, Bedford, came forward and briefed the Commission. Commissioner Kelley questioned the applicant regarding the dumpster’s location. The applicant responded that moving the dumpster to Lot 6R could encounter issues with the carrier entering and exiting. The applicant added that he would have to hold a discussion with the carrier to look at options regarding relocating the dumpster. Commissioner Elms question applicant regarding the island located on Lot 7R in the Site Plan Exhibit. The applicant responded that the island is greenspace to include pedestrian pathways to lead to the proposed building. Commissioner Elms questioned the applicant regarding any studies performed to determine parking requirements. The applicant responded that his client has two other developments similar in size and number of parking spaces to the proposed development. The applicant added that the parking in the other two developments has functioned well. Chairwoman Mathisen questioned the applicant regarding the noise and sound and if it will be contained within the proposed building. The applicant responded that the activities would be held within the proposed building. The building would be orientated away from the adjacent properties and the large distance of the building from the adjacent properties would help mitigate some of the noise. The applicant added that he could not guarantee that no noise could come out of the building. Commissioner Baughman questioned the applicant regarding the distance of the proposed building to the closest neighbor. The applicant responded that the distance between the front of the proposed building and the nearest neighbor is about 300 feet. The applicant added that his client visited with the adjacent properties to the west, specifically the 3 lots directly behind the property. Commissioner Elms question the applicant regarding building elevations for the proposed building and drainage. The applicant responded that the drainage would fall eastward into the creek. The applicant added that the proposed building is 6 to 7 feet below the residential properties to the west. Commissioner Frazier added that it is a 12 foot overall fall from west to east to the creek. Planning and Zoning Commission Minutes July 10, 2017 City of Colleyville Page 9 Commissioner Elms questioned the applicant regarding fencing around the patio area to the East. The applicant responded that there will be low fencing. Commissioner Kelley questioned the applicant if the request for hours of operation until midnight is for seven days a week. The applicant replied affirmatively. The applicant added that most events occur on Friday, Saturday, and Sunday. Discussion continued regarding hours of operation. Chairwoman Mathisen questioned the applicant regarding alcohol on premise. The applicant responded that the facility will not have a bar or commercial kitchen but alcohol would be served through the catering. The applicant added that the operator could speak to the issue. Chairwoman Mathisen added that it would not be necessary. The public hearing was opened at 9:46 p.m. James Gordon, 6513 Ponderosa Lane, came forward and spoke in opposition of the case. Mr. Gordon addressed concerns regarding the number of stories for the proposed building, hours of operation, and noise. Bryan Smith, 6513 Kingston Drive, came forward and spoke in opposition of the case. Mr. Smith addressed concerns regarding noise, lighting, windows, number of stories for the proposed building, and location of the dumpster. Mark Alphonso, the owner, 5104 Old Oak Lane, came forward and spoke in support of the case. Mr. Alphonso addressed concerns regarding noise, windows, height of the building, alcohol, security, and dumpster’s location. Commissioner Frazier question Mr. Alphonso if other locations in Colleyville were evaluated for the proposed development. Mr. Alphonso responded that he has looked for about two years in Southlake and Colleyville. Mr. Alphonso added that he preferred Colleyville since he lives in the city. Discussion continued regarding the location for the proposed development. Commissioner Elms questioned Mr. Alphonso if the catering and services are local. Mr. Alphonso responded that his current catering services are not local currently but that he would prefer to find local catering services. Chairwoman Mathisen questioned Mr. Alphonso regarding the other locations he has considered for the proposed development. Mr. Alphonso replied that he has looked at other sites. Mr. Alphonso added that he has encountered issues with price, location, and size of the lot. Planning and Zoning Commission Minutes July 10, 2017 City of Colleyville Page 10 Drew Van Brunt, co-owner, 7135 Colleyville Boulevard, came forward and spoke in support of the case. Commissioner Frazier questioned Mr. Van Brunt regarding the use of the second floor of the proposed building. Mr. Van Brunt responded that the second floor is used for a small office, the groom’s room, and storage. Mr. Van Brunt added that the ballroom is open to the second floor and at the back of the building towards Colleyville Boulevard. Discussion continued regarding the use of the second floor. There being no one else wishing to speak, the public hearing was closed at 10:01 p.m. Commissioner Elms opened discussion regarding the departure of the request from the allowed uses under the Planned Unit Development – Commercial zoning and the concerns presented before the Commission. Commissioner Frazier added that the request is distancing away from the intent of the PUD- C ordinance in regards to height of the proposed building and hours of operation. Discussion continued regarding the concerns brought before the Commission. Commissioner Kelley made a motion to deny Case ZC17-012. Commissioner van Bever seconded. The motion to deny carried by the following vote: Aye: 6 –van Bever, Baughman, Mathisen, Kelley, Frazier, and Elms Nay: 0 4c Consideration of zoning change from the PUD-C Planned Unit Development Commercial zoning district to the PUD-C Planned Unit Development Commercial zoning district on Lot 1A, Block 1, of the Twin Lakes Plaza Addition, located at 4700 Colleyville Boulevard, Case ZC17- 013 Ben Bryner presented the case and briefed the Commission. Commissioner Frazier questioned staff if a drainage study was performed on the subject property. Staff replied affirmatively. Staff added that the proposed detention would be located underneath the parking lot and the applicant could speak to the specifics. Discussion continued regarding drainage. Planning and Zoning Commission Minutes July 10, 2017 City of Colleyville Page 11 Commissioner Kelley questioned staff regarding tree mitigation. Staff responded that in lieu of planting trees, the applicant can pay into the Tree Preservation Fund or plant trees in other designated areas as permitted by the Land Development Code. Discussion continued regarding tree mitigation. Commissioner Frazier questioned staff regarding the building design score for the proposed building. Staff responded that the façade of the proposed building as proposed does not meet the required articulation elements to accrue the 30-point required design score. Staff added that the grocery store is a prototype and that applicant does not have much flexibility to make changes. Discussion continued regarding the required building design score. Commissioner Elms questioned staff regarding tree removal. Staff reference the Aerial Map Exhibit to show the large number of trees needed to be removed and how it would be difficult to mitigate the removal for the proposed development. Chairwoman Mathisen questioned staff if the subject property has 182 trees and the applicant is proposing to only keep 44 trees. Staff responded that after tree removal the applicant is required to plant 182 trees for mitigation. The applicant is requesting to reduce that number to 44 trees. Discussion continued regarding tree removal and mitigation. Chairwoman Mathisen questioned staff regarding other alternatives to improve the required building design score. Staff responded that it would be difficult to meet the score without the additional of more articulation. Staff added that the applicant has made other adjustments to improve the look of the proposed building. Discussion continued regarding the building design score. The applicant, Ryan Alcala, 3313 Lone Brave Drive, Fort Worth, came forward and briefed the Commission. Commissioner Elms questioned the applicant regarding the wetlands. The applicant responded there are fees for credit associated with the wetlands. The applicant added that they are discussions with the appropriate organization regarding the fees. Commissioner Frazier questioned the applicant about the loading area being covered. The applicant responded they have proposed an enclosure which will block the view of the loading and mitigate the noise. Planning and Zoning Commission Minutes July 10, 2017 City of Colleyville Page 12 Chairwoman Mathisen questioned the applicant regarding the location of the dumpster. The applicant referenced the Landscaping Plan to locate the dumpster. The applicant added that the dumpster is proposed to be screened by landscaping. Commissioner Elms questioned the applicant if the TIA (Traffic Impact Analysis) informed the applicant of the need for a temporary traffic signal at Antwerp Drive. The applicant replied that a TIA was performed and intersection improvements were recommended. Chairwoman Mathisen questioned the applicant on their flexibility in the landscape buffer. The applicant responded that attempts have been made to expand the width of the landscaping area, but due to the size of the lot there would be a loss in parking spaces. The applicant added that if a reduction in parking spaces is permitted this would allow for an increase in tree mitigation and landscaping. Chairwoman Mathisen questioned the applicant if he could provide a description of the concept of the LIDL grocery store. The applicant replied that he could not. Commissioner Frazier questioned the applicant if he was in a position to agree to changes related to the tree mitigation for the proposed development. The applicant responded that he would have to discuss any proposed options with the client. The applicant added that the client would be inclined to increase mitigation since they are invested on the site. The public hearing was opened at 10:38 p.m. Jeff Byerly, 7109 Pebble Hill Drive, came forward and spoke in opposition of the case. Mr. Byerly addressed concerns regarding the building design score, the location in the Southern Gateway, the number of variances the applicant is requesting, and drainage. The owner, Ward Hayworth, 2757 Mesquite Lane, Grapevine, came forward and spoke in support of the case. Mr. Hayworth addressed the question regarding the concept of the store, addressed comments related to tree mitigation, and spoke on the business investment for this site and area. The following people wished to record their position but did not wish to speak: Opposition: Rich Hendler, 2100 Highland Meadows Drive Planning and Zoning Commission Minutes July 10, 2017 City of Colleyville Page 13 There being no others present wishing to speak, the public hearing was closed at 10:45 p.m. Commissioner van Bever opened discussion regarding the concerns brought forth by the citizens. Chairwoman Mathisen added that she liked the concept of the store but has concerns regarding the size of the store, the number of grocery stores in the city, parking, and trees. Commissioner Elms made a notation regarding the number of variances requested versus the number of concessions the applicant is able to make. Commissioner Frazier agreed with Commissioner Elms and added that the number of variances requested is due to applicant conforming to Texas Department of Transportation’s requirements and the location of the subject property. Discussion continued regarding concerns on the number of variance requested by the applicant. Commissioner van Bever made a motion to deny Case ZC17-013. Commissioner Baughman seconded. The motion to deny carried by the following vote: Aye: 4 –van Bever, Baughman, Mathisen, and Kelley Nay: 2–Frazier and Elms 4d Consideration of a zoning change from the AG Agricultural zoning district to the RE Single Family “Estate” Residential zoning district on Tract 2, Abstract 1487, in the O C Strum Survey, located at 6204 L D Lockett Road, Case ZC17-014 Ben Bryner presented the case and briefed the Commission. The applicant, Tommy Cunningham, 2006 Nighthawk Court, Westlake, came forward and briefed the Commission The public hearing was opened at 11:00 p.m. There being no others present wishing to speak, the public hearing was closed at 11:00 p.m. Commissioner Frazier made a motion to approve Case ZC17-014. Commissioner Elms seconded. The motion to approve carried by the following vote: Planning and Zoning Commission Minutes July 10, 2017 City of Colleyville Page 14 Aye: 4 –van Bever, Baughman, Mathisen, Kelley, Frazier, and Elms Nay: 0 5. ADJOURMENT The meeting adjourned at 11:02 p.m. The minutes were written and prepared by: Araceli Botello Planning Technician The meeting minutes were approved on September 11, 2017 by a vote of 6-0.