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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