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HomeMy WebLinkAboutPlanning and Zoning Commission-Minutes-7/13/2009' ' City of Colleyville -}... I ~ ~A ~'_ ~~~~~~~ Minutes -Final ~, . ,_ Planning and Zoning Commission City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com Monday, July 13, 2009 6:15 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 7:00 P.M. -REGULAR MEETING 1. CALL TO ORDER The Planning and Zoning Commission meeting of the City of Colleyville was called to order by Chairman Byerly on July 13, 2009 at 7:04 p.m. 2. ROLL CALL Present: Commissioners Larry Knox, Dave Dudziak, Scott Redfearn, Ron Rotthaus, David Phelps and Jeff Byerly Absent: Commissioner Michael Clardy Staff Present: Ron Ruthven, Sarah Coplen, Jeremy Hutt, Rob McKeown, Kelly Cooper 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 May 26, 2009 meeting minutes as written. Commissioner Knox seconded. The motion carried by the following vote: Aye: 6 -Knox, Dudziak, Redfearn, Rotthaus, Phelps, Byerly Absent: 1 -Clardy City of Colleyville Page 1 Printed on 9/15/2009 Planning and Zoning Commission Minutes -Final July 13, 2009 6. CITIZEN COMMENTS REGARDING ITEMS NOT ON THE AGENDA None 7. PUBLIC HEARING AGENDA ITEMS 7a Approval of a replat for Lot 2, Block 1 of Crook-Womeldorf Addition located at 4808 Patterson Lane, Case PC09-008 Ron Ruthven presented the case and briefed the Commissioners. Commissioner Byerly opened the public hearing at 7:07 p.m. There being no one wishing to speak, the public hearing was closed at 7:07 p.m. Commissioner Rotthaus moved to approve case PC09-008. Commissioner Redfearn seconded. The motion carried by the following vote: Aye: 6 -Knox, Dudziak, Redfearn, Rotthaus, Phelps, Byerly Absent: 1 -Clardy 7b Approval of a request for a zoning change from PUDC-Planned Unit Development Commercial and R40-Single Family Residential to PUDC-Planned Unit Development Commercial on Lots 1, 2, 3 and 4, Block 3, Southgate Addition and Lots 1 and 2, Colleyville Presbyterian Church Addition located at 715, 901 and 909 Cheek Sparger Road and 3805, 3809 and 3815 Wayne Drive, Case ZC09-004 Ron Ruthven presented the case and briefed the Commissioners. Commissioner Byerly questioned staff regarding if all of the recommendations made by staff in the draft ordinance? Ron Ruthven replied yes. Commissioner Dudziak questioned staff regarding the trees (could not hear Commissioner Dudziak, microphone was off). Ron Ruthven replied trees not located in the building foot print would have to be mitigated. Commissioner Phelps questioned staff regarding if the waiver requests by the applicant are going to be handled separately? Ron Ruthven replied those waiver requests regarding fees would need to be followed by the Land Development Code to be handled at a later date. City Attorney Kailas replied those waiver requests would be an administrative matter with the city He stated the request before the Commission tonight is strictly for zoning. City of Colleyville Page 2 Printed on 9/15/2009 Planning and Zoning Commission Minutes -Final July 13, 2009 Commissioner Byerly opened the public hearing at 7:15 p.m. Jeff Avery, representing the applicant, came forward to present the case and brief the Commissioners. Commissioner Dudziak questioned Mr. Avery regarding how many people will the stadium seating hold? Mr. Avery stated the seating for the stadium would accommodate 200 spectators on each side. Commissioner Dudziak questioned Mr. Avery if kindergarten and the day care facilities are on this site? Mr. Avery stated the kindergarten and day care is not at this site. Commissioner Dudziak questioned Mr. Avery regarding if the portables are going to be used by the church? Mr. Avery stated those portables are being removed by the school. Commissioner Phelps questioned Mr. Avery regarding if the kindergarten is being moved out of this facility completely or to the church facility. Mr. Avery stated off-site of this facility. Commissioner Byerly questioned Mr. Avery regarding if the library is in Phase II? Mr. Avery stated it will be in a future phase. Commissioner Redfearn questioned Mr. Avery for clarity to explain the phases. Mr. Avery stated Phase I consists of the infrastructure, fire lanes, concrete, the next education building (classrooms and administration) and detention ponds. He stated Phase II would include multi-purpose facility, athletic field and library. He stated the high school and improvements to the stadium would come at a later time when the funds are available. He stated Phase III and Phase IV, would be the high school and the stadium. Commissioner Redfearn stated he thought the lighting and the stadium were in Phase IV. Mr. Avery stated they would like to put the field in at this point as well as the lighting. However, he stated knowing that all improvements to the field, outside of the lights and bleachers, would come at a later date. Commissioner Dudziak questioned Mr. Avery if the field would be put in during Phase I? Mr. Avery replied yes. Commissioner Dudziak stated there would be no lights? Mr. Avery stated they would like to have lights for the field but no other structures in this Phase I. Commissioner Phelps questioned Mr. Avery regarding if the existing field is currently lit? Mr. Avery replied no. Commissioner Dudziak questioned Mr. Avery regarding how many classrooms are going to be in the grade school? Mr. Avery replied 20 City of Colleyville Page 3 Printed on 9/15/2009 Planning and Zoning Commission Minutes -Final July 13, 2009 total in Phase I. Commissioner Dudziak questioned Mr. Avery if the Wayne Drive improvements would be a part of Phase I? Mr. Avery replied yes, all improvements would be done in Phase I construction. Commissioner Dudziak questioned Mr. Avery regarding if the build line on Wayne Drive is for the future Phases of construction or is that the build line on Wayne Drive? Mr. Avery stated that being the 40 build line on Wayne Drive. Commissioner Rotthaus questioned Mr. Avery how many students are currently enrolled? Mr. Avery replied currently 540, grades 1-12. Commissioner Rotthaus questioned Mr. Avery regarding if they are planning to increase to 600 students? Mr. Avery replied yes. He stated they have the ability to have 750, but with this request they would limit the student enrollment to 600. Jessie French, 3700 Brown Trail, Bedford, spoke in opposition to the request with concerns for the traffic. Wyatt Cross, 3817 Fox Hollow Drive, spoke in opposition to the request with concerns for the lighting and noise. Gary Zak, 3821 Fox Hollow Drive, spoke in opposition to the request with concerns for lighting, noise, landscaping and bleacher/stand height. Shelley Zak, 3821 Fox Hollow Drive, spoke in opposition to the request with concerns for lighting, noise, bleacher/stand height and decrease in property values, crime, trash and traffic. Scarlet Burchfield, Spring Grove, Bedford, spoke in opposition to the request with concerns for traffic and noise. She stated she would like to see the City of Colleyville close Wayne Drive. Aaron Holderness, 933 Harwood Terrace, Bedford resident, spoke in opposition to the request with concerns for traffic, parking and lighting. He stated the City of Colleyville should close Wayne Drive. He stated it appears that the long range plan is much more than what is being presented tonight. He stated the school only growing 10% There being no one wishing to speak, the public hearing was closed at 8:00 p.m. Mr. Avery came forward to answer any questions or concerns that the residents have had tonight. He stated the current zoning allows for a two City of Colleyville Page 4 Printed on 9/15/2009 Planning and Zoning Commission Minutes -Final July 13, 2009 story building close to the same line as the stadium. He stated they chose to move that structure so that they would be away from those residents. He stated they are willing to work with the neighbors and have by reducing the number of students enrolled. He stated they would like to improve the turf for the stadium since the field is used daily by the school. Commissioner Dudziak questioned Mr. Avery regarding if postponing the lights is a possibility? Mr. Avery replied yes. Commissioner Dudziak stated the postponement is just for the details of the lights, he stated the lights are going to be approved if the Commission approves this request? City Attorney Kallas stated the foot candle limited at the property line, however, the actual construction of the light will be with the detailed site plan upcoming. Commissioner Dudziak questioned Mr. Avery if they would be willing to limit the use of lights to certain days of the week, times of the day? Mr. Avery stated they would consider that number of days and at worst case the timing on the lights, maybe two days a week until 10:30 p.m. City Attorney Kallas stated that could be put in the ordinance. Mr. Avery stated they area 1-12 school with different times and requirements. He stated he would hate to not be able to use a Thursday during bright sunlight just because it did not fit the two day limit. Commissioner Dudziak stated the daylight hours are not what concerns the neighbors, it is the use of the lights at night that concerns them. Commissioner Dudziak questioned Mr. Avery if the use of the lights was limited to Sun -Thurs night until 8 p.m and Fri- Sat nights until 10:30 p.m., could that be considered? Mr. Avery stated that sounds fair. He stated not knowing exactly the times for the use of the lights; he stated he would have to ask the school. Commissioner Phelps questioned Mr. Avery how are the athletic facilities used today, without lights? Mr. Avery stated those varsity events are held off site. Commissioner Phelps stated having an issue with these type lights so close to the residents shining into their back yards. He stated this is not an appropriate use for this area. Mr. Avery stated if they could limit the times on the use of the lights as well as the light pollution, direction of the lighting. Commissioner Phelps stated the orientation of the field is not conducive to the field lighting. He stated it will still be shining into their backyards. Mr. Avery stated they are wanting to provide an on-site school experience for the students enrolled to be able to use the field for their events. Commissioner Byerly questioned staff regarding what is a .5 foot candle illumination at the property line, what is that in comparison ,how bright is that? Ron Ruthven stated not having an example of that at this time, he stated that comes form the code of ordinances. Commissioner Byerly City of Colleyville Page 5 Printed on 9/15/2009 Planning and Zoning Commission Minutes -Final July 13, 2009 questioned staff if that is the standard lighting between residential and commercial? Ron Ruthven replied correct. Commissioner Byerly questioned staff regarding if the design of the bleachers is included in the draft ordinance or will it be left to the details of the site plan for later? Ron Ruthven replied correct. Commissioner Byerly questioned City Attorney Kallas if that could be accepted as an addition to the ordinance? City Attorney Kallas replied right now the ordinance site plan details the location of the bleachers. He stated the ordinance states that prior to any construction of the stadium facility, they would have to come back for an approval of the detailed site plan. He stated while this does lay out lighting poles and bleachers, all will be included in a detailed site plan. Ron Ruthven concurred. Commissioner Byerly questioned staff regarding if the concept plan would have to be about the same as what is seen tonight? City Attorney Kallas replied correct. Ron Ruthven replied the location of the bleachers and the amount of seating are the only details that have been provided. City Attorney Kallas stated the applicant is requesting to improve the turf of the field prior to the approval of the detailed site plan. Commissioner Byerly questioned staff regarding if the use of athletic field is for the primary use of school? Ron Ruthven replied correct, school functions only, incidental to the primary use of the school. Commissioner Byerly questioned staff regarding the buffering on the west side would be an 8 foot fence, wood or masonry, 20 foot landscape buffer and the criteria for the landscape buffer to be live plant material of the evergreen variety which is expected to grow 6 feet in height in two years with a minimum of 3 feet in height at the time of installation and planted on 6 foot centers? Ron Ruthven replied correct. Commissioner Byerly questioned staff regarding if that same buffer would apply next to 3709 Wayne Drive as well? Ron Ruthven replied correct, including the 8 foot fence. Commissioner Dudziak questioned staff regarding if building concession facilities, can they be portable and will they have to have them permitted? Ron Ruthven replied any restrictions can be added into the ordinance. He stated kiosks are not allowed with no provisions for a portable structure. Commissioner Phelps stated having issues with approving the request as is. He stated this will lock in the general location of all the facilities including the field. He stated there needs to be consideration of redesigning the site plan, maybe moving the building over or the field at a different angle to accommodate having the field with lighting some City of Colleyville Page 6 Printed on 9i75izuuy Planning and Zoning Commission Minutes -Final July 13, 2009 where else that may be less intrusive to the neighbors is precluded by the approval of this as it is. He stated not liking the site plan and stated the lighting almost has to be eliminated. He stated the approval of this locks the field in its current location. He stated if the Commission were to move forward with this request, he would like the lighting to be eliminated at this stage, altogether and let it be considered separately at a future date. Commissioner Knox stated having a problem with the layout of the site. He stated this is not in accordance with the Master Plan. He stated he would like to see some definite items put on the plans that would indicate that they are definitely going to build the buffer fence as per exhibit E in the drawing as well as clear information on the phasing of the project. Commissioner Byerly moved to approve case ZC09-004 as provided in the draft ordinance with the following changes: the library to be included in Phase II; to allow the construction of the turf only section of the athletic field to be included in Phase I; and limitations on time and use of lights. Motion dies for lack of second. Commissioner Redfearn would like to eliminate the lighting on the athletic field. He stated he would like no lighting approved on the athletic field as opposed to limiting on days and hours. Commissioner Phelps stated to be consistent with his previous statements, he would like to see them come back with some alternatives. He stated there is enough space with the property to be able to move some things around. He stated his motion would be to deny case ZC09-004 and let them come back to the table with something more accommodating. Commissioner Knox seconded. Commissioner Byerly stated he would rather have a motion to table so that the applicant can come forward with some changes until the next meeting. Commissioner Phelps commended the applicant for wanting to make some changes, however, there still needs to be improvement to accommodate the neighbors. He stated he would like to hear from the applicant again to see if changes could be proposed. Commissioner Byerly stated he would like to get a concensus on the light issues from the Commissioners to be able to give the applicant some guidance. He stated the limitation on the use of the lights with regards to day and time would be helpful. City of Colleyville Page 7 Printed on 9/15/2009 Planning and Zoning Commission Minutes -Final July 13, 2009 Commissioner Dudziak stated it would be a great idea for this item to be tabled in order for staff and the applicant to make some changes to the request in order to make better decisions. The motion to deny failed by the following vote: Aye: 2 -Knox, Phelps Nay: 4 -Dudziak, Redfearn, Rotthaus, Byerly Absent: 1 -Clardy Mr. Avery stated they could do away with the lights if the Commission can approve with the elimination of the lights. He stated they would like to keep using the athletic field with the activities only in the day. He stated he would like to keep the bleachers. He stated with regards to the change in the site, there is a tremendous amount of trees on the property that they are trying to keep away from having to put anything near those trees. He stated they are willing to eliminate the lighting. He stated they would like to make the improvements to the field and keep the bleachers. Commissioner Phelps stated with that being said the issues he has are eliminated. He moved to approve case ZC09-004 including the previous motion along with the prohibition of the use of lights on the field. Commissioner Redfearn seconded. Commissioner Knox would like the add the buffer fence per the exhibit E in the 1999 ordinance with brick columns with fencing 20 foot between the columns. City Attorney Kallas replied that fence would be repealed with this ordinance. He stated currently in the draft ordinance for this request they may construct an 8 foot wood or masonry fence. Ron Ruthven stated if the masonry columns are being requested staff could put those requirements in the draft ordinance. Commissioner Knox stated he would like that added to the motion. Commissioner Phelps accepted the amendment. Commissioner Redfearn questioned staff regarding if the Wayne Drive improvements would not need to be included in the draft ordinance? Ron Ruthven concurred. Commissioner Byerly recapped the motion: Commissioner Phelps moved to approve case ZC09-004 as provided in the draft ordinance with the following changes: the library to be included in Phase II; to allow the construction of the turf only section of the athletic field to be included in Phase I; prohibiting the use of lights on the athletic field and to require the screening fence be an 8 foot fence with 2 feet wide masonry columns every 20 feet. Commissioner Knox seconded. City of Colleyville Page 8 Printed on 9/15/2009 Planning and Zoning Commission Minutes -Final July 13, 2009 Commissioner Phelps questioned staff regarding if the fire hydrants will be included as part of Phase I or when would they be included in the construction and is that part of the code? Ron Ruthven replied yes, upon Phase I construction as part of the fire code and would be required upon building permits and would not need to be included as part of the motion. Commissioner Rotthaus questioned Fire Marshal Rob McKeown regarding are there any concerns on behalf of the Fire Marshal with regards to accessibility for the fire equipment? Rob McKeown stated the applicant has made the fire lane changes as the fire department has requested which will allow fire access to each building. He stated the buildings will have fire protection systems and the fire department is in approval of the plan. He stated there will be no parking allowed in the fire lanes. Commissioner Knox questioned staff and the Commission if all are in agreement that the bleachers are not to exceed 5 feet in height? Ron Ruthven replied there are no bleacher details as part of the draft ordinance. He stated the applicant will need to provide the bleacher details along with the detailed site plan for future approval. Commissioner Phelps stated having no objection with the acceptance of the bleachers being 5 rows in height not 5 feet in height. Commissioner Byerly again recapped the motion: Commissioner Phelps moved to approve case ZC09-004 as provided in the draft ordinance with the following changes: the library to be included in Phase II; to allow the construction of the turf only section of the athletic field to be included in Phase I; prohibiting the use of lights on the athletic field; require the screening fence be an 8 foot fence with 2 feet wide masonry columns every 20 feet and the bleachers be a maximum of 5 rows in height. Commissioner Knox seconded. The motion carried by the following vote: Aye: 6 -Knox, Dudziak, Redfearn, Rotthaus, Phelps, Byerly Absent: 1 -Clardy 8. ADJOURNMENT The meeting adjourned at 8:35 p.m. I hereby certify the above agenda was posted on the bulletin boards at City Hall on Thursday, July 9, 2009 by 5:00 p.m. Amy Shelley, Planning and Zoning Assistant The meeting minutes were approved on September 14, 2009. City of Colleyville Page 9 Printed on 9/15/2009