HomeMy WebLinkAboutPlanning and Zoning Commission-Minutes-1/24/2011~' ~~` City of Colleyville
Minutes -Final
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Planning and Zoning Commission
City Hall
100 Main Street
Colleyville, Texas 76034
817. 503.1000
www.colleyville.com
Monday, January 24, 2011
6:15 PM
City Council Chambers
LEGAL BRIEFING BY CITY ATTORNEY REGARDING PLANNING, ZONING,
PLATTING, AND LAND USE
REVIEW OF REGULAR AGENDA ITEMS AND DISCUSSION OF PREVIOUS
MEETING MINUTES
DISCUSSION OF ITEMS TO BE PLACED ON FUTURE AGENDAS AND UPDATES
ON DEVELOPMENT TRENDS, PROGRESS AND CITY COUNCIL ACTIONS ON
PAST AGENDA ITEMS
EXECUTIVE SESSION - In accordance with Texas Government Code Chapter
551, Subchapter D, Section 551.071 -Legal -Consultation with attorney on legal
issues raised by public hearing or action items on the agenda
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 January 24, 2011 at 7:00
p.m.
2. ROLL CALL
Present: Commissioners Larry Knox, Dave Dudziak, David Wheelwright,
Don Davis, Ron Rotthaus, David Phelps and Jeff Byerly
Staff Present: Ron Ruthven, Jeremy Hutt and Amy Shelley
3. INVOCATION
The invocation was given by Commissioner Knox.
4. PLEDGE OF ALLEGIANCE
5. APPROVAL OF MINUTES
Commissioner Rotthaus moved to approve the November 8, 2010
meeting minutes with the grammar corrections to page two.
Commissioner Davis seconded.
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The motion carried by the following vote:
Aye: 7 - Knox, Dudziak, Wheelwright, Davis, Rotthaus, Phelps,
Byerly
6. CITIZEN COMMENTS REGARDING ITEMS NOT ON THE AGENDA
None
7. PUBLIC HEARING AGENDA ITEMS
7a Approval of a request for a zoning change from R40-Single Family
Residential to PUDC-Planned Unit Development Commercial on Lot 5,
Block 3 of the Southgate Addition located at 3709 Wayne Drive; and
approval of an amendment to the PUDC-Planned Unit Development
Commercial zoning and development requirements on Lots 1 and 2,
Block 1 of the Covenant Christian Academy Addition and Lot 1 R of the
Colleyville Presbyterian Church Addition located at 715 and 901 Cheek
Sparger Road, Case ZC10-029
Ron Ruthven presented the case and briefed the Commissioners
regarding this request.
Commissioner Davis stated he was not here when the original request
was presented. He then questioned staff regarding how this request has
evolved. Ron Ruthven explained to Commissioner Davis the history of
the subject project.
Commissioner Davis questioned staff regarding the discussion of the
previous bleacher request, why were the requirements in the ordinance
over looked? Ron Ruthven replied that there was one inspection on the
property, by the zoning department, at the very end, therefore, when this
inspection was done, the issue with the bleachers was found. He further
stated that there had been complaints about the bleachers.
Commissioner Davis questioned staff regarding if bleacher specifications
were presented prior to them being installed. Ron Ruthven replied yes,
but the final product was not seen until the final inspection and it varied
from the plans submitted.
Commissioner Byerly questioned staff regarding the maximum bleacher
seating may be limited to 400 people, however stated not seeing that
number in the ordinance. Ron Ruthven stated it is in the ordinance.
Commissioner Byerly questioned staff regarding how many sets of those
bleachers were there going to be to get to that 400 number. Ron
Ruthven replied numerous. He further explained the total seating
capacity with regards to the ordinance.
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Commissioner Phelps questioned staff regarding the number of seating
for the bleachers that are currently in place. Ron Ruthven replied he did
not have that information.
Commissioner Dudziak questioned staff regarding if there are any other
examples of other residential uses that have been converted into office
spaces. Ron Ruthven stated there are numerous areas, specifically the
area of Thompson Terrace and Glade Road.
Commissioner Dudziak questioned staff regarding if this structure will
have to meet all code and fire code requirements and who will check on
those compliances? Ron Ruthven replied those inspections would be
done by the Building Official, Building Inspector and the Fire Marshal.
He further stated that the final certificate of occupancy would be held
until all of the construction was completed and inspected.
Commissioner Dudziak questioned staff if those requirements, as stated
above, are in the draft ordinance. Ron Ruthven replied yes. He further
stated that he did not require parking and landscaping be brought up to
code if the residential structure is to be left in its current state. He stated
if it is expanded further, then it will have to meet all of those
requirements. He stated Section 4, under General, Subsection E; the
building shall meet all applicable building code and fire code
requirements.
Commissioner Dudziak questioned staff regarding how is the current
value versus the increase improvement value, determined? Ron
Ruthven stated any building, increased in the improvement value over 20
percent of the approved tax rolls, based on the valuation of construction
is given to staff in the building permit application.
Commissioner Dudziak questioned staff regarding will that be in the
actual ordinance through the building permit process? Ron Ruthven
replied it would be codified as worded now. However, if they were to
come in and do other modifications, then they would have to amend their
PUD.
Commissioner Dudziak questioned staff regarding if the applicant is
asking for any other waiver requests. Ron Ruthven replied no.
Commissioner Dudziak questioned staff regarding if there will be access
to this structure at any time. Ron Ruthven replied they will have to follow
the commercial building standards for access just as any other building.
However, if this structure were to remain residential, then access would
not be to commercial standards.
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Commissioner Dudziak questioned staff regarding if the TIA has been
approved. Ron Ruthven replied yes, it has been approved by the City
Council and they have met all of the requirements except the school
zone on Wayne Drive.
Commissioner Wheelwright questioned staff regarding when was the
height of the fencing extended? Ron Ruthven replied not knowing. He
stated they may have done it on their own.
Commissioner Byerly opened the public hearing at 7:25 p.m.
Kevin Wolfe, the applicant, came forward to present the request and
brief the Commissioners.
Commissioner Davis questioned Mr. Wolfe regarding if a permit was
acquired for the bleachers that were built. Mr. Wolfe stated they
received approval by the city for bleachers for seating of 400. Ron
Ruthven concurred and stated they met with the developer and asked
that the bleachers be engineered before approval. He stated they also
requested that the bleachers be on one side of the development as
opposed on the side of the Bedford residents. He stated, with regards to
the specifications of the bleachers, not knowing how this came about
with the details of the bleachers being missed. He stated he found out at
the time of the final inspection, that the bleachers did not meet the
ordinance requirements.
Commissioner Byerly questioned Mr. Wolfe regarding what is the cost of
the bleachers? Mr. Wolfe stated without the concrete work, they were
$42,000 and with the concrete work and ADA ramp, between $65,000
and $70,000.
Commissioner Byerly questioned Mr. Wolfe regarding how much were
the previous bleachers were going to cost? Mr. Wolfe replied he did not
know. He stated the architect used a website photo for the previous
ordinance approval. He stated he told staff that with those bleachers
could only seat 55, and could not get to 400 to have the math work out
clearly.
Commissioner Phelps stated there were two specifications talked about
at length the last time this was heard, one was the height not to exceed 8
feet and the second was the maximum capacity of 400. He stated it
appears that there could be more than 400 seated. Mr. Wolfe explained
that there are 8 spaces for wheelchair seating. Mr. Wolfe further used
exhibits to explain the capacity. Commissioner Phelps accepted the
engineering capacity of 399.
Commissioner Phelps stated there is a visibility issue into the neighbors
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with the current bleacher height, but it is offset by being on the opposite
side of the field. Mr. Wolfe explained the height of the bleachers with
regards to the topography in that area. He stated by setting the stands
on the east side of the field, the bleachers are actually lower than if they
had been placed on the west side of the field. He stated by sitting on the
top row, you can see the roof line of the neighbors, but you cannot see in
the backyards.
Commissioner Davis questioned Mr. Wolfe regarding that with the width
of the football field, the topography drops 10 feet? Mr. Wolfe replied
yes, there is quite a change in topography. He further explained that
when a site plan is put in an ordinance, the topography is not taken into
account.
Commissioner Phelps stated the general assumption, at least that he
made, was that football fields are relatively flat with a crown in the middle
for drainage to happen on both sides. He stated that the side line area
and bleacher area would have been set in that same plain. Mr. Wolfe
replied if they had set those bleachers on the west side, they would have
been above the football field by about 6 feet.
Commissioner Phelps questioned Mr. Wolfe regarding why the retaining
wall was cut closer to the field as opposed to closer to the fence. Mr.
Wolfe replied there were challenges, it was tight to begin with and the
decision was made to move the field further to the east.
Commissioner Phelps questioned Mr. Wolfe regarding the score board,
does it have illumination? Mr. Wolfe replied the numbers are all that is
illuminated and it is placed on the north end of the field.
Commissioner Phelps questioned Mr. Wolfe regarding how tall is it? Mr.
Wolfe replied it is less than 20 feet tall but did not know the exact
measurements. He stated they permitted that as part of the project.
Commissioner Phelps stated in the ordinance there was not to be any
illumination on the field. Mr. Wolfe stated the score board is basically
considered an accessory to the athletic field. He further stated that the
school cannot play at night.
Commissioner Phelps questioned Mr. Wolfe regarding if he is the sole
representation of the school, here tonight. Mr. Wolfe replied yes, the
school has asked him to represent them on this matter since he is
involved in the construction. He further stated that the school has been
made aware of the fact that the residential structure will have to meet all
building and fire codes. He stated the school wants to emphasize that
the structure is to only be used for storage, there will not be any students
in that structure.
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Commissioner Rotthaus stated he understood that building is being used
as office space now. Mr. Wolfe stated the school is using it for storage.
Commissioner Wheelwright questioned Mr. Wolfe regarding if there was
originally going to be four locations for the ability to seat 100, what was
the reason for not going with that? Mr. Wolfe replied the original
bleachers did not represent the true setting for a football event, being
able to sit on the 50 yard line. He further stated they were only a
representation on the site plan, not specific.
Commissioner Dudziak questioned Mr. Wolfe regarding the sidewalk
along Cheek Sparger, what are the plans for that. Mr. Wolfe stated he
could not speak for the school, but that the sidewalk was to be
developed as part of Phase 4 of the development, according to the
ordinance. He further stated that the sidewalk would be extended with
the residential structure, if approved in the PUD.
Commissioner Dudziak questioned Mr. Wolfe regarding if there will be
any construction updates done to the structure on the residential lot that
is being proposed to be incorporated in the PUD. Mr. Wolfe replied, if
any updates are done, it would be cosmetic. He assured the
Commissioners that permits will be pulled for any construction activities
and approved by the city. He stated the Fire Marshal will come through
once a year for fire inspections.
Commissioner Dudziak questioned Mr. Wolfe regarding if there are going
to be any screening measures on the south end of Lot 5, adjacent to the
Bedford residents. Mr. Wolfe replied yes.
Commissioner Dudziak questioned Mr. Wolfe regarding the structure
between the existing school and the lot, was the larger one demolished
and a concrete pad poured? Mr. Wolfe replied they poured concrete
aprons around the existing structures.
Commissioner Dudziak questioned Mr. Wolfe regarding if there are new
structures proposed on the newly poured concrete. Mr. Wolfe replied a
new garage door was installed and the building was enclosed. He
further explained that a new structure had actually been built.
Commissioner Dudziak questioned Mr. Wolfe regarding if permits were
pulled for that work. Mr. Wolfe replied no.
Gary Zak, 3821 Fox Hollow Drive, Bedford, came forward and stated
being in opposition to this request with concerns about the height of the
bleachers, the score board, lights and fencing.
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Rod Chapman, 3829 Fox Hollow Drive, Bedford, came forward and
stated being in opposition to the request with concerns for noise, lights
on the score board, field was supposed to be a practice field, and that a
taller fence does not make a better neighbor.
Sharon Dickson, 3813 Fox Hollow Drive, Bedford, came forward and
stated being in opposition to the request with concerns about the height
of the bleachers, score board being too close to the Bedford neighbors,
the noise level and that trees have been removed.
There being no one else wishing to speak, the public hearing was closed
at 8:07 p.m.
Commissioner Byerly reopened the public hearing at 8:08 p.m.
Mrs. Gene Tingley, 921 Bristle Court West, Bedford, came forward and
stated she has drainage issues because of the school.
There being no one wishing to speak, the public hearing was closed at
8:18 p.m.
Commissioner Dudziak questioned Mr. Wolfe regarding how this came to
pass that city staff made a decision on a new set of bleachers. Mr.
Wolfe replied they met early in the construction phase of the athletic
field, about a year ago.
Commissioner Dudziak questioned Mr. Wolfe regarding if he has a copy
of the permit. Mr. Wolfe replied yes, but he does not have it with him
tonight. He stated that Bill Elliott told him, a year ago, that the bleachers
would have to be engineered. He further stated these types of structures
are not typical structures that are permitted. He stated the items were
reviewed before the actual construction of the bleachers. A meeting
took place regarding the bleachers and the guidelines were given to us,
a verbal agreement was given and then later, with the drawings, the
permit was submitted for the bleachers.
Commissioner Dudziak questioned Mr. Wolfe regarding if any red flags
went up at that time since the bleachers were different than what City
Council had approved? Mr. Wolfe replied the site plan was discussed
with the different bleacher specifications, being either 4 sets of five rows
disbursed around the field area.
Commissioner Dudziak questioned Mr. Wolfe if the city indicated for
them to move to this route? Mr. Wolfe replied no, it was a conversation
about getting clarity and understanding. It wasn't pointed one way or the
other. He stated pulling the bleachers to the east side made more sense
to both parties.
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Commissioner Dudziak questioned Mr. Wolfe regarding if anyone
suggested bringing this forward to City Council for their review? Mr.
Wolfe replied it was not that type of meeting.
Commissioner Dudziak stated there was a specific number of seating,
with a specific number of rows placed very specifically on the site plan.
He further stated this is a dramatic change. Mr. Wolfe replied the
ordinance clearly stated a 400 seat capacity.
Commissioner Byerly stated that being the assertion that there would be
stands for 50, being 8 different stands located around the field. Mr.
Wolfe stated he was not privy to the previous discussions. He further
stated that he was not trying to do anything under handed. He stated
there have been multiple meetings for several issues.
Commissioner Dudziak stated there are dramatic differences but no one
is being accused of being under handed.
Commissioner Dudziak questioned Mr. Wolfe regarding Mrs. Tingley's
drainage issues, will those issues be addressed? Mr. Wolfe replied that
there have been many conversations with regards to those issues. He
stated they have met with Bedford and Colleyville and concluded that
nothing that we have done has created those issues. He stated any
work that is to be done, is and will be done with permission from the city.
Commissioner Davis questioned staff regarding if the City Council
approves an ordinance but that a developer has many meetings with
staff and a conclusion is made that what needs to be done is different
than what is approved, that does not mean it is approved, correct? City
Attorney Kallas stated the wording of the City Council is the ordinance.
He stated that nobody can change that wording, other than City Council.
He stated that staff interprets what City Council gives to them of staff but
that it is at the applicants peril to do what the ordinance states. He
stated that the interpretation of staff does not bind the City Council.
Commissioner Davis questioned staff regarding that since you were in
those meetings, do you think what was done was what City Council
wanted? Ron Ruthven replied no sir, as a matter of fact, that is why we
are here tonight. He stated that when the final inspection was done, the
bleachers were found to not meet the ordinance. He further stated that a
mistake has been made and that it will require an amendment to the
PUD or they will have to bring the stands into compliance.
Commissioner Phelps questioned Mr. Wolfe regarding when did you join
this project? Mr. Wolfe replied he was brought in right after the PUD was
approved, back in early September of 2009.
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Commissioner Phelps stated the applicant, at the time of the PUD
approval, was the one that requested the size of the bleachers, the
location of the bleachers, the non-illumination of any lighting, and the
placement of the practice field to isolate the field from the school
buildings. He stated the applicant set the tone for this PUD approval.
He further stated that the final conclusions, made by the Planning and
Zoning Commission and the City Council, were what were brought to us
at the time of the approval of the PUD. He stated he does sympathize
with you, however, he wished that a representative from the school had
been present. He stated having concerns for the addition of the
residential structure into the PUD; once it gets incorporated, the rules for
that location get brought into the umbrella of the rest of the development.
He further stated having concerns for the trees being protected
adequately, or trees being retained.
Commissioner Phelps questioned Mr. Wolfe regarding tree preservation.
Mr. Wolfe stated some dead trees have been removed along the
property line of the new property being brought into this PUD and Mr.
Staley's property. He stated Mr. Staley stated he was not going to take
care of the property, therefore the school requested that he take them
down.
Commissioner Phelps questioned Mr. Wolfe regarding the noise with the
horns, is that something built into the scoreboard. Mr. Wolfe stated the
scoreboard does identify the end of a period.
Commissioner Phelps questioned Mr. Wolfe regarding if there is a way to
salvage those bleachers if the 3 to 4 foot riser sections are removed?
Mr. Wolfe replied they are mounted to the concrete slab with an
elevation change; he stated he could not answer that specifically. He
stated the bleachers were a custom order. He stated the ordinance has
always been clear about having seating for 400. He stated the noise
issue with spectators will still be there. He stated the painting of the
backside of the fencing will be addressed, weather permitting. He stated
that they are trying to add value to the adjacent properties by improving
the school properties.
Commissioner Dudziak thanked Mr. Wolfe for answering the questions
of the Planning and Zoning Commission.
Commissioner Byerly questioned City Engineer Jeremy Hutt regarding
Mrs. Tingley's drainage situation. Jeremy Hutt replied they have worked
with the contractor to alleviate some of the drainage issues. He stated
the issue is with saturation. He stated as the property is switched from a
residential use to a commercial use, they will be required to develop a
grading plan and a drainage plan for that lot and at that time some of
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those issues may be resolved.
Commissioner Knox questioned Jeremy Hutt regarding if the amount of
surface water run-off was changed during the construction. Jeremy Hutt
replied no, not according to the original plans that were submitted.
Commissioner Phelps questioned Jeremy Hutt with regards to if there
are guidelines for fixing a situtation where run off exists when new
construction occurs? Jeremy Hutt replied there are certain guidelines
used to develop a lot; they must discharge into a drainage system. He
stated if it is designed properly, they can discharge across other
properties. He stated they would need a professional drainage design
plan.
Ron Ruthven stated if the current, residential structure is to remain in
place, there are no other development upgrades that will be required to
take place. He further stated that when they do come in to reconstruct
that site, they will have to incorporate it into the current plat and meet
current city codes with regards to drainage.
Commissioner Phelps questioned staff regarding the topography as it
relates to the western retaining wall with elevation changes. Jeremy Hutt
replied, slightly. He stated there is a grade change in that area.
Commissioner Phelps stated had they stayed with the original design
standard, with the bleachers on top of the retaining wall, they would be
taller on the west side than on the east side.
Commissioner Davis stated he has not been on a football field where the
grading dropped 8 to 10 feet on one side. Jeremy Hutt stated it is the
area adjacent to the retaining wall.
Commissioner Dudziak questioned staff regarding how soon this may be
brought back to the Planning and Zoning Commission, if this request is
denied. Ron Ruthven replied there is no time requirement. He further
stated if the applicant does not appeal the request to the City Council,
there is no time limit. However, if the applicant appeals it to City Council
and receives a denial from them, they would have to wait one year.
Commissioner Dudziak moved to deny case ZC10-029. Commissioner
Davis seconded.
Commissioner Wheelwright questioned staff regarding the original
application was there any mention of changing the grade to either side of
the field with the placement of the bleachers. Ron Ruthven replied that
they knew there would be some grading required, however, there was
nothing specific. He stated staff did not see topography until the building
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permit was submitted.
Commissioner Knox stated he remembered in the original request, that
the bleachers should not exceed 5 risers. He stated he didn't remember
being concerned about the quantity of the bleachers.
Commissioner Byerly concurred and stated that this is not close to being
what was approved originally.
Commissioner Rotthaus concurred and stated the scoreboard should not
be considered an accessory to an athletic field and was not approved
originally.
Commissioner Phelps concurred with most and stated there is a
difference with this school and its history; this school has grown into this
neighborhood, the neighborhood didn't grow around the school. He
further stated that football stadiums or athletic fields are not typically right
in the middle of a neighborhood.
The motion to deny was carried by the following vote:
Aye: 7 - Knox, Dudziak, Wheelwright, Davis, Rotthaus, Phelps,
Byerly
8.
ADJOURNMENT
The meeting adjourned at 8:58 p.m.
I hereby certify the above agenda was posted on the bulletin boards at City Hall
on Friday, January 7, 2011 by 5:00 p.m.
Amy Shelley, Community Development Coordinator
The minutes were approved on March 28, 2011.
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