HomeMy WebLinkAboutPlanning and Zoning Commission-Minutes-7/25/2011,~ , City of Colleyville
:9~~ SQIt~(~
Minutes -Final
~....,
Planning and Zoning Commission
City Hall
100 Main Street
Colleyville, Texas 76034
817. 503.1000
www.colleyville.com
Monday, July 25, 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 July 25, 2011 at 7:00 p.m.
2. ROLL CALL
Present: Commissioners Dave Dudziak, Don Davis, Ron Rotthaus,
David Phelps and Jeff Byerly
Absent: Commissioners Larry Knox and David Wheelwright
Staff Present: Community Development Director Ron Ruthven,
Economic Development Director Marty Wieder, Fire Marshal Rob
McKeown, Officer Raymon Cannon and David James
3.
4.
5.
INVOCATION
The invocation was given by Commissioner Rotthaus.
PLEDGE OF ALLEGIANCE
APPROVAL OF MINUTES
Commissioner Rotthaus moved to approve the July 11, 2011 meeting
minutes with grammar corrections. Commissioner Davis seconded.
City of Colleyville Page 1 Printed on 8/8/2011
Planning and Zoning Commission Minutes -Final July 25, 2011
The motion carried by the following vote:
Aye: 5 -Dudziak, Davis, Rotthaus, Phelps, Byerly
Absent: 2 -Knox, Wheelwright
6. CITIZEN COMMENTS REGARDING ITEMS NOT ON THE AGENDA
None
7. REGULAR AGENDA ITEMS
7a Approval of a request for a minor plat on 8.1 acres on Tract 1 B, Abstract
1154 of the RH McEwing Survey located at 8100 Precinct Line Road,
Case PC11-007
Ron Ruthven presented the case and briefed the Commissioners.
Commissioner Dudziak moved to approve case PC11-007.
Commissioner Rotthaus seconded.
The motion carried by the following vote:
Aye: 5 -Dudziak, Davis, Rotthaus, Phelps, Byerly
Absent: 2 -Knox, Wheelwright
8. PUBLIC HEARING AGENDA ITEMS
8a Approval of a request for an amendment to the PUD-C-Planned Unit
Development Commercial zoning and development requirements on
Tract 1 B, Abstract 1154 of the RH McEwing Survey located at 8100
Precinct Line Road, Case ZC11-014
Ron Ruthven presented the case and briefed the Commissioners.
Commissioner Dudziak questioned staff regarding what percentage of
the building is proposed to be hardy plank. Ron Ruthven replied
approximately 35-40 percent.
Commissioner Dudziak questioned staff regarding if the hardy plank will
continue onto the second story. Ron Ruthven replied yes, at least the
common area portion.
Commissioner Byerly opened the public hearing at 7:10 p.m.
Tony Callaway, representing the applicant, came forward to present the
case and brief the Commissioners.
Commissioner Dudziak questioned Mr. Callaway regarding the kitchen
area. Mr. Callaway used the exhibits to show the kitchen area.
City of Colleyville Page 2 Printed on 8/8/2011
Planning and Zoning Commission Minutes -Final
July 25, 2011
Commissioner Dudziak questioned Mr. Callaway regarding the texture of
the hardy plank. Mr. Callaway explained that there are multiple textures
that can be used.
Commissioner Byerly questioned Mr. Callaway regarding the hardy plank
material. Mr. Callaway stated the board is about 5/16 of an inch thick,
made like concrete. He stated there would be overlapping of the planks
for more stability.
Commissioner Dudziak stated being familiar with the hardy plank but had
concerns about the stucco look. He stated a wood grain look appears
more natural. Mr. Callaway stated the stucco is just a texture coating but
they could do the wood grain.
Commissioner Dudziak questioned Mr. Callaway regarding the size of
the proposed trees. Mr. Callaway replied they have not established the
size, but would want fast growing trees. He stated being open to a
reasonable caliper inch tree.
Commissioner Dudziak questioned Mr. Callaway regarding the windows
at the top, are those on the exterior view? Mr. Callaway stated they have
lowered the ceiling with a shallower window.
Commissioner Phelps questioned Mr. Callaway regarding what type of
glass will be used for the windows. Mr. Callaway stated there will be no
visibility through, but they will allow as much light in as possible.
Commissioner Phelps questioned Mr. Callaway regarding how onerous
would it be to have the second story remain as brick or masonry. Mr.
Callaway replied supporting masonry would be much heavier for the
second floor. He stated it is the furthest from the wall area.
Commissioner Phelps questioned Mr. Callaway, for clarity, no one would
be able to tell which type of covering was used from a distance, just that
it is the plank style. Mr. Callaway replied yes. Mr. Callaway stated they
are going to be putting in masonry pilasters on the corners to give it a
more solid look.
Randy Gray, 6233 Cimmaron Trail, stated not having an objection to the
licensing; not in favor of the windows on the eastern side; stated being
opposed to the change in construction materials; stated being confused
on the fencing, should be higher in the areas in which are visible from
the residential area to the east; stated not having an objection to the
signage request.
Shauna Ihle, 6212 Cimmaron Trail, stated being opposed to the window
City of Colleyville Page 3 Printed on 8/8/2011
Planning and Zoning Commission Minutes -Final July 25, 2011
request, especially since they will face into the neighborhood area. She
stated being concerned with the construction materials and that the
fencing should be higher, based on the elevations. She stated not
having an issue with the signage.
Daniel Satsky, with K. Hovnanian Homes of Plano, stated being in
support of the development. He further stated they want the Planning
and Zoning Commission to heavily consider the variance requests with
regards to how they relate to future development.
Donna Gray, 6233 Cimmaron Trail, did not wish to speak, however,
registered her opposition to this request.
There being no one wishing to speak, the public hearing was closed at
7:47 p.m.
Commissioner Byerly questioned Mr. Callaway regarding the light
coming from the second story windows, how will the light be kept visible
by the neighbors? Mr. Callaway replied they are proposing to do valence
type of lighting. He stated at night, the valence lighting will give it a glow
along the ceiling area. He stated the lights will not shine right through
the window. He stated most of the activities will be during the daylight
hours.
Commissioner Davis questioned Mr. Callaway regarding will there be
enough lighting during the day for those activities with just valance
lighting. Mr. Callaway replied yes, there will be sconces on the walls on
the first level.
Commissioner Dudziak questioned Mr. Callaway regarding if the sconce
lighting will be on 24/7. Mr. Callaway replied no but there would be
minimal lighting on for emergency exiting purposes, indirect lighting.
Commissioner Dudziak questioned Mr. Callaway regarding if the
windows can be covered at night. Mr. Callaway replied yes, they can
address that. He further stated that this will be no different than if a
residential structure was adjacent to those neighbors and being able to
see light from those windows at night.
Commissioner Dudziak questioned Mr. Gray regarding, in general, which
would be less appealing for the height of the fencing or screening. Mr.
Gray stated it would be difficult if a resident in that facility could view him
from their window. He stated if there was a larger wall or fencing in
place, he could soften the appearance of a wall with his landscaping. He
stated the purpose of the wall is to provide privacy, both ways.
Mr. Callaway stated he agreed with the wording in the ordinance as
City of Colleyville Page 4 Printed on 8/8/2011
Planning and Zoning Commission Minutes -Final
July 25, 2011
prepared by staff: "A minimum eight (8) foot brick or natural stone fence
shalt be constructed along the east property line adjacent to residential
properties. The fence shall be constructed so as to obscure the view
from the Memory Care facility first floor windows to the adjacent
residential lot first floor windows. The fence shall meet all front setback
transparency requirements as required by the Land Development Code."
Ms. Ihle stated a 10, 12 or 14 foot tall wall would be an eyesore,
especially since she only has five feet of yard before the wall would be
placed. She stated an eight foot wall would be fine.
Commissioner Byerly questioned staff regarding what exactly is required
for landscaping along the back fence. Ron Ruthven replied that
landscaping shall meet the original PUD ordinance as well as Chapter 4-
Landscaping and Buffering of the Land Development Code. He stated
there are some ornamental trees and required shrubs. He stated there
is a minimum of a 3 inch caliper tree requirement for new trees.
Commissioner Byerly questioned staff regarding if those are to be
planted 20 feet on center. Ron Ruthven stated there are no specific
written provisions, just conceptual. He stated the shrub requirement
would be to plant every six feet.
Commissioner Byerly questioned staff regarding how enforceable is the
lighting bleeding over or measured. Ron Ruthven stated that light from
commercial areas can not directly illuminate over residential areas. He
stated there cannot be a street light or flood light that would be directly
facing those residential homes. He stated in the case of light that bled
through the window, indirect illumination, there are no provisions.
Commissioner Byerly questioned staff regarding if the language in the
draft ordinance is enforceable. Ron Ruthven replied yes. He stated if
there was a complaint, staff could investigate and if necessary take to
municipal court.
Commissioner Dudziak questioned staff regarding if there are any
security lights around the exterior of the building, in the rear. Ron
Ruthven stated there have not been any exhibits that would indicate
such. He stated it would be reviewed at the time of building permits and
those lights would have to conform to the commercial building standards
for shielding directly down or two to six feet out from the buildings.
Commissioner Dudziak questioned staff regarding if the security lighting
is on 24/7. Ron Ruthven stated that would be up to the applicant.
Commissioner Dudziak questioned staff regarding deliveries made to the
development. Ron Ruthven replied the deliveries are restricted to 7 am
City of Colleyville Page 5 Printed on 8/8/2011
Planning and Zoning Commission Minutes -Final July 25, 2011
to 7 pm, which is specifically regulated in the original ordinance.
Commissioner Davis questioned staff regarding if lights are not directly
illuminating out, they are permitted, correct? Ron Ruthven replied that
the draft ordinance is written so that there would be no light that would
directly illuminate on the homes.
Commissioner Rotthaus questioned Mr. Callaway regarding the
frequency of emergency vehicles; if an emergency vehicle is needed
where is the most likely point of access? Mr. Callaway replied they are
anticipated to come to the back of the facility. Jeff Jones, with US
Memory Care, came forward and stated emergency services would
come to the front of the building.
Commissioner Rotthaus stated being concerned with emergency
vehicles coming to the back of the facility because of the residents to the
east. He stated emergency vehicles usually come with lights and sirens,
which would impose on those residents. Mr. Callaway replied usually the
emergency vehicles will turn off the lights and sirens upon entering the
facility.
Commissioner Dudziak questioned Mr. Callaway regarding the security
lighting around the building, what are the plans for that lighting? Mr.
Callaway replied typically there will be lighting on the entry points and on
the pods on the back side and some along the fencing, which will be
pointed down. He stated they are usually on during the night.
Commissioner Dudziak questioned staff regarding with the kitchen being
in the rear of the building, are there any concerns for it being at the back
of the building? Fire Marshal Rob McKeown replied there will be a fire
alarm, along with a fire suppression system. He stated there is a
hammer head at the rear of the building for emergency access.
Commissioner Phelps stated, generally, the fencing language makes
sense and protects the original intent of the ordinance. He stated he
would like to see the brick and stone materials be retained for the
second story, at least on the east side. He stated the windows added to
the second story will improve the look of the building. He suggested
making the windows opaque and not clear will help to solve the problems
with illumination.
Commissioner Dudziak stated he would like four or five inch caliper trees
be planted, to give the screening that the neighbors would like to have
which would also help with the illumination from the windows. He stated
he liked the seven inch plank with the wooden look.
Commissioner Phelps stated he would not like to see brick on top of
City of Colleyville Page 6 Printed on 8/8/2011
Planning and Zoning Commission Minutes -Final
July 25, 2011
wood; he would rather it to be all one material or the other. However,
stated not being sure without seeing schematics which would show those
dimensions of those elements. Mr. Callaway stated the second floor wall
is set back behind the first floor wall so there is a flat roof section
between the two floors which would support the masonry.
Commissioner Dudziak questioned Mr. Callaway if he would be amicable
to that request? Mr. Callaway replied yes.
Commissioner Rotthaus stated having a concern for four or five inch
trees, on 20 foot centers, being planted along the wall area. He stated
those trees will eventually be all over the neighbor's yards. He stated not
being sure that a larger tree is the answer. He stated a three inch tree
should be sufficient.
Commissioner Dudziak stated a larger tree will cover better and quicker
for the privacy and screening of those residents.
Commissioner Byerly stated that the landscaping was worked out
previously with the original ordinance. Ron Ruthven stated that at a
minimum it would have to meet the requirements of the Land
Development Code.
Commissioner Davis stated contrasting materials on the building would
look good.
Commissioner Dudziak questioned the Commissioners regarding if the
specifics of the trees should be spelled out in this ordinance?
Commissioner Byerly stated this is an amendment to the previous
ordinance and that there is a landscape plan in place which is generally
consistent with the code. He stated not needing to add that language to
this amendment. Commissioner Dudziak stated he felt it was implied but
not specific and that this amendment could protect the residents which
guarantee trees to be planted every 20 feet.
Mr. Callaway stated there is some mitigation with some trees that are
being removed and further stated that there are some trees that are
being added, above what the ordinance requires. He stated the 20 foot
centers is what the landscape architect has advised.
Commissioner Byerly moved to approve case ZC11-014 as stated in the
proposed ordinance with the following additions: item #2, there be no
hallway or catwalk on the second floor for those windows to maintain
privacy; item #3, allow hardy plank except on the second floor on the
east side facing residential; item #4 and item #5 as is stated in the draft
ordinance. Commissioner Davis seconded.
City of Colleyville Page 7 Printed on 8/8/2011
Planning and Zoning Commission Minutes -Final
July 25, 2011
Commissioner Dudziak questioned staff regarding if language needs to
be added about the wood being acceptable.
Commissioner Phelps questioned the Commissioners regarding if the
opaque portion was eliminated intentionally. Commissioner Byerly
replied yes.
The motion carried by the following vote:
Aye: 5 -Dudziak, Davis, Rotthaus, Phelps, Byerly
Absent: 2 -Knox, Wheelwright
8b Approval of a request for a Special Use Permit for a Package (Liquor)
Store on Lot 5A, Block 2, of the Andy Felps Addition located at 4205
Colleyville Boulevard, Case ZC11-013
Ron Ruthven presented the case and briefed the Commissioners.
Commissioner Byerly opened the public hearing at 8:32 p.m.
Lanny Wilkinson, the applicant, came forward to present the case and
brief the Commissioners.
Commissioner Dudziak questioned Mr. Wilkinson regarding the mutual
access. Mr. Wilkinson replied not having an issue with mutual access,
however, stated he would not recommend it with the car wash property
next door. He stated not having an issue with the property to the south
for future development.
Commissioner Davis questioned Mr. Wilkinson regarding the access in
the rear of the building, have you had any success with any other
businesses with access in the rear? Mr. Wilkinson replied that architects
are designing buildings to hide the parking. He stated City Hall is
designed that way; people park in the back. He further stated that they
have lowered the windows for security reasons.
Commissioner Phelps questioned Mr. Wilkinson regarding the point of
sale area. Mr. Wilkinson replied the point of sale is located to the north.
Commissioner Phelps stated the exhibits indicate that the point of sale is
by the entrance which is located at the back of the store.
Commissioner Dudziak questioned Mr. Wilkinson regarding if the layout
will change from what has been given to the Commissioners. Mr.
Wilkinson replied the only change to the interior is to meet the needs of
the market. He stated he has worked with the police department
regarding the best point of sale area and they decided that the north
entrance would be the best.
City of Colleyville Page 8 Printed on 8/8/2011
Planning and Zoning Commission Minutes -Final July 25, 2011
Commissioner Dudziak stated he would like to see what is actually going
to be in place before he votes on the item. Mr. Wilkinson replied the
layout could stay the way it is shown on the exhibit, with the point of sale
on the south end, but that he would place the point of sale wherever the
police department feels is the safest spot.
Commissioner Dudziak questioned Mr. Wilkinson regarding the material
used for the front of the building where the word "Spirit" is on the
building? Mr. Wilkinson replied it is currently wood. He stated they are
adding stone to all of the other faces. He stated they will probably use
the hardy plank like what was discussed in the previous case.
There being no one wishing to speak, the public hearing was closed at
8:44 p.m.
Commissioner Dudziak questioned staff regarding the point of sale,
security plan for this development. Officer Cannon explained that the
concern for the point of sale being by the north entrance was that if
someone came in to rob the place, the registers would be right there in
the door way. He stated they discussed having the point of sale moved
from the north side, but they did not tell him where to move it. He stated
the primary entrance was explained to be on the east side.
Commissioner Dudziak questioned staff regarding the window height.
Officer Cannon explained that they recommended moving the windows
down, however, stated having a concern for the parking at the rear. He
stated the entrances have been discussed and the point of sale area has
been discussed as well. He further stated that the applicant has been
very willing to accept, move or change anything that has been discussed
with the police department.
Mr. Wilkinson explained the dilemmas with the parking in the rear and
the entrances to the building. Officer Cannon stated he would suggest
keeping the point of sale where it is shown on the exhibits tonight, to the
entrance by the east side door.
Commissioner Rotthaus questioned staff regarding if the position of the
point of sale makes sense for a patrol officer. Officer Cannon replied
yes.
Commissioner Rotthaus questioned Mr. Wilkinson regarding if there is a
window by the point of sale. Mr. Wilkinson replied yes.
Commissioner Phelps moved to approve case ZC11-013.
Commissioner Davis seconded.
Commissioner Dudziak stated not being comfortable with voting on the
City of Colleyville Page 9 Printed on 8/8/2011
Planning and Zoning Commission Minutes -Final July 25, 2011
item without being clear on the position of the point of sale.
Commissioner Davis questioned Mr. Wilkinson regarding if he will
construct the project as shown on the exhibits. Mr. Wilkinson replied
yes.
The motion carried by the following vote:
Aye: 4 -Davis, Rotthaus, Phelps, Byerly
Nay: 1 - Dudziak
Absent: 2 -Knox, Wheelwright
9. ADJOURNMENT
The meeting adjourned at 8:56 p.m.
I hereby certify the above agenda was posted on the bulletin boards at City Hall
on Friday, July 22, 2011 by 5:00 p.m.
Amy Shelley, Community Development Coordinator
The meeting minutes were approved on August 8, 2011.
City of Colleyville Page 10 Printed on 8/8/2011