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HomeMy WebLinkAboutPlanning and Zoning Commission-Minutes-10/24/2011'"' ~" City of Colleyville 100 Main Street ~~ :., .. =~~~ 507-'~% Colleyville, Texas 76034 ~~ Minutes -Final 817.503.1000 ~....,_ www.colleyville.com Planning and Zoning Commission Monday, October 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 October 24, 2011 at 7:05 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, Marty Wieder, Rob McKeown, Jeremy Hutt and Amy Shelley 3. INVOCATION The invocation was given by Commissioner Phelps. 4. PLEDGE OF ALLEGIANCE 5. APPROVAL OF MINUTES Commissioner Knox moved to approve the October 10, 2011 meeting minutes as written. Commissioner Davis seconded. City of Colleyville Page 1 Printed on 11/18/2011 Planning and Zoning Commission Minutes -Final October 24, 2011 The motion carried by the following vote: Aye: 7 - Knox, Dudziak, Wheelwright, Davis, Rotthaus, Phelps, Byerly 6. SWEARING IN OF NEWLY APPOINTED MEMBERS Recording Secretary Amy Shelley administered the Oath of Office to the new members. 7. ELECTION OF OFFICERS Commissioner Dudziak moved to approve Commissioner Byerly as the Chairman. Commissioner Knox seconded. The motion carried by the following vote: Aye: 7 -Knox, Dudziak, Wheelwright, Davis, Rotthaus, Phelps, Byerly Commissioner Rotthaus moved to approve Commissioner Dudziak as the Vice Chairman. Commissioner Phelps seconded. The motion carried by the following vote: Aye: 7 -Knox, Dudziak, Wheelwright, Davis, Rotthaus, Phelps, Byerly Commissioner Byerly moved to approve Amy Shelley as the Recording Secretary. Commissioner Phelps seconded. The motion carried by the following vote: Aye: 7 -Knox, Dudziak, Wheelwright, Davis, Rotthaus, Phelps, Byerly 8. APPOINTMENTS TO THE PARKLAND DEDICATION COMMITTEE Commissioner Byerly moved to approve Commissioners Dudziak and Rotthaus to the Parkland Dedication Committee. Commissioner Davis seconded. The motion carried by the following vote: Aye: 7 -Knox, Dudziak, Wheelwright, Davis, Rotthaus, Phelps, Byerly 9. CITIZEN COMMENTS REGARDING ITEMS NOT ON THE AGENDA None 10. PUBLIC HEARING AGENDA ITEMS 10a Approval of a request to rezone 0.8 acres from CN-Neighborhood City of Colleyville Page 2 Printed on 11/18/2011 Planning and Zoning Commission Minutes -Final October 24, 2011 Commercial to PUD-C-Planned Unit Development Commercial on Lot A1, Block 1, Highland Acres Addition located at 412 Timberline Drive North, Case ZC11-020 Ron Ruthven presented the case and briefed the Commissioners. Commissioner Phelps questioned staff regarding the waiver request adjacent to the residentially zoned property, if the building were to be moved, would the end parking space be removed? Ron Ruthven replied yes and that all parking would have to be behind the 20 foot landscaped buffer. Commissioner Byerly opened the public hearing at 7:18 p.m. David Keener, the applicant, came forward to present the case and brief the Commissioners. Commissioner Dudziak questioned Mr. Keener regarding if this is a Type B facility. Mr. Keener replied yes. Commissioner Dudziak questioned Mr. Keener if other patients, other than Type 6, can be accepted at this facility? Mr. Keener replied that they are not limiting themselves to just Alzheimer patients. He stated it would be their desire to make this a full time Alzheimer facility, however, he stated the market will dictate the use. He stated their current facility has 15 Alzheimer patients and 15 assisted living patients. Mr. Keener stated that currently they have no patients that drive. Commissioner Dudziak questioned Mr. Keener regarding if there will be about 10 cars using the parking for the proposed facility. Mr. Keener replied that a maximum of five staff members and a maximum of four people for the cottages. Commissioner Dudziak questioned Mr. Keener regarding if this is just an assisted living facility, would not the parking increase? Mr. Keener replied that currently in the assisted living facility, there are zero drivers. He stated that an increase in parking has been allowed by providing the 20 parking spaces in the proposed facility. Commissioner Rotthaus questioned Mr. Keener regarding the carting of food from the current facility to the new facility. Mr. Keener replied they currently use a carting system between the two existing facilities and they are proposing to use a golf cart that will be fitted for the carting of food with hot boxes. Commissioner Wheelwright questioned Mr. Keener regarding if there will be residents carted across the street. Mr. Keener replied that City of Colleyville Page 3 Printed on 11/18/2011 Planning and Zoning Commission Minutes -Final October 24, 2011 occasionally there may be, especially for an activity, but not for housing. Mr. Keener stated that they have no issue with the any parking requirements on the street. Commissioner Phelps questioned Mr. Keener regarding staffing and cottage numbers. Mr. Keener replied that there will be five additional staff members per shift with the possibility of four drivers for the cottages. Commissioner Phelps questioned Mr. Keener if overflow parking from the current facility will be using the proposed facility. Mr. Keener replied that they currently need an additional four or five parking space. Commissioner Phelps questioned Mr. Keener if staff members currently park in front of the neighbors. Mr. Keener replied no, it is not allowed. Further discussion occurred about the current parking situation on the road. Mr. Keener clarified that the showers are in the middle of the floor plan to meet the regulations of this facility. He stated that if the showers are tucked away in back corners, the nursing staff cannot keep a watchful eye on the patients using them. Commissioner Byerly questioned Mr. Keener regarding the drainage waiver request, has the drainage for this property been considered? Mr. Keener stated that the property is a flat, platted parcel and stated not being in favor of drainage detention areas for the safety of the patients. He stated not seeing the benefit of detention. He stated he would rather have a flat grass area. He stated they want to have more of a residential function with less commercial type areas like detention on the property. There being no one wishing to speak, the public hearing was closed at 7:34 p.m. Commissioner Dudziak questioned Fire Marshal Rob McKeown regarding if this assisted living type use have more of an impact on the emergency service system even though, in the past, it has been stated that services can handle the impact because of the number of these facilities? Marshal McKeown stated since January 1st, there have been 21 calls, two being fire alarm calls, to the assisted living facility on Bransford. He further stated that the call volume has gone up and will continue to rise because of the city's growth. Commissioner Dudziak questioned Marshal McKeown regarding if the multi use building will require a different type of fire system? Marshal McKeown stated they have required a sprinkler system in the multi City of Colleyville Page 4 Printed on 11/18/2011 Planning and Zoning Commission Minutes -Final October 24, 2011 occupant dwellings such as townhomes. He stated the multi use building will require a fire sprinkler system. Commissioner Phelps questioned Marshal McKeown regarding if this facility will be self sufficient because of the nursing staff on hand? Marshal McKeown replied that having the nursing staff on site does help the emergency crew especially since they work together. Commissioner Dudziak questioned Marshal McKeown regarding if the extra turn around in the front of the building had to be eliminated, would he be ok with that? Marshal McKeown replied that the hammer head in the fire lane does meet the code. However, he further stated that they like to prevent having to back up the vehicles because of accidents. He stated he requested the front entrance driveway to help with that situation. Commissioner Rotthaus questioned Marshal McKeown regarding if he has any concerns about the foot traffic crossing traffic on Timberline Drive North. Marshal McKeown replied that anybody needs to be aware of crossing any street regardless of the street or intersection. He further stated that they need to be careful. Commissioner Byerly questioned City Engineer Jeremy Hutt regarding if the driveway separation is a concern for the subject property as well as the property located 5316 Bransford? City Engineer Hutt replied yes and that the separation requirement is centerline to centerline regardless on the subject property or on the adjacent property. Commissioner Byerly questioned City Engineer Hutt regarding which two driveways are too close. City Engineer Hutt replied both driveways proposed and the one on the east are too close. Commissioner Byerly questioned City Engineer Hutt regarding how this was worked out with the Fire Marshal's requirements. City Engineer Hutt replied that his request can be taken into consideration however there are still two relatively close, driveways with the adjacent property owner. He further stated that there are engineering judgment calls that can be made that may be technically non-compliant but safe. Commissioner Byerly questioned City Engineer Hutt regarding if the requirement can be alleviated by one driveway being an entrance only. City Engineer Hutt replied it could if the non-fire lane is a one-way section. Commissioner Phelps questioned City Engineer Hutt regarding if the distance requirement is different whether the property is residential versus commercial. City Engineer Hutt Jeremy replied that the code City of Colleyville Page 5 Printed on 11/18/2011 Planning and Zoning Commission Minutes -Final October 24, 2011 does not go into details with regards to the uses; it basically considers the street type and the use on a local street. City Engineer Hutt further stated that the driveway spacing for a residential use is 22 feet on a local street. Commissioner Dudziak questioned staff regarding if the retention requirement is met for the subject property. City Engineer Hutt replied that there is a retention requirement for pre-developed conditions and it does not necessarily require a pond. He further stated that there could be parking lot detention and underground detention that could be met. Commissioner Dudziak stated that 25 to 30% will be covered by buildings and concrete. He further questioned City Engineer Hutt regarding if some type of detention will be required. City Engineer Hutt stated they will require compliance with the Land Development Code which will require some type of detention or a drainage analysis showing why detention would not be the best case scenario for this property. He further stated that the analysis will determine a viable solution. Commissioner Dudziak questioned City Engineer Hutt regarding if the pre-determination is received before the request is presented to City Council. City Engineer Hutt stated it is a requirement during the time of building permit unless a waiver, of some sort, is granted. Commissioner Dudziak stated at this time we really do not know if one is needed however the Commission is being asked to grant a waiver. City Engineer Hutt replied that the Land Development Code has specific requirements and if those requirements are not specifically waived, then they will still have to be met during the building permit process. Discussion occurred between Commissioner Dudziak and staff regarding percentages of building coverings with regards to open space or green space. Commissioner Phelps questioned staff regarding if the drainage will all run to the street and is the street a curb and gutter street? City Engineer Hutt replied yes, it is a curb and gutter street. He stated the applicant is showing the drainage direction however a drainage analysis has not been completed to show the increase in run off. Commissioner Rotthaus questioned staff regarding if the parking on Timberline/Bransford can be anon-parking area with regards to the subject property. Ron Ruthven replied yes, it will ultimately be at the decision of City Council. Commissioner Byerly questioned staff if that recommendation should be outside of this PUD? Ron Ruthven stated it could be a condition of this City of Colleyville Page 6 Printed on 11/18/2011 Planning and Zoning Commission Minutes -Final October 24, 2011 PUD. Commissioner Phelps questioned Mr. Keener regarding if the waiver for the building line is not granted, is there an alternative to this plan? Mr. Keener replied that they can move the site to the east however it would not be the best solution. He stated he would rather continue the hedges that are currently in place. He stated the neighbor does not want a the parking areas to cross especially since there is already a curb in place. Ron Ruthven explained the State requirements for bedroom sizes, kitchen, fire alarm/sprinkler systems and bathroom facilities. Commissioner Wheelwright questioned Mr. Keener regarding if he would like to have wrought iron fencing to the north. Mr. Keener replied yes, in order to keep it open. He further stated that the cedar wood fencing would be used for the west property line since it is already in place. Commissioner Wheelwright questioned Mr. Keener regarding if there would be any fencing along the eastern property line. Mr. Keener replied no, that they would like to install hedges similar to match the existing. He further explained that the wrought iron fencing would go along the north property line behind the proposed cottage. Commissioner Byerly questioned staff regarding what the Master Plan calls for on the old city hall property. Ron Ruthven replied residential uses. Commissioner Dudziak stated he likes the use however stated having some issues with this particular plan. He stated a full masonry fence should be along the north. He stated the rear building is not cottages; it is a multi use building. He further stated that the landscaping barriers, as drawn, are not to code. Commissioner Phelps stated that he would be opposed to granting the buffer waiver on the residential side, however less inclined to be concerned about the commercial side. He further said that some parking may be lost. He stated it is a good balance in the rest of the development. Commissioner Byerly concurred and stated he can approve the two less parking spaces however cannot approve the other waiver requests. Commissioner Byerly questioned Mr. Keener regarding if the other issues can be addressed. Mr. Keener replied he would like to address these concerns tonight. He further stated that he is not asking for a drainage waiver, it must have been something staff stated. He stated that they are asking for help to fit a building on a lot that is not wider than City of Colleyville Page 7 Printed on 11/18/2011 Planning and Zoning Commission Minutes -Final October 24, 2011 it is. He stated the building is designed to fit the function that they need. He stated the rooms cannot be reduced to meet the market demand. He stated they spent a lot of time trying to design the building so that it fits in the neighborhood. He stated the parking was situated on the east side of the building so that traffic would not impact the resident to the west. He stated the driveway is a one way drive with arrows. He said there will be minimal usage of that driveway. He stated not having an issue for a masonry fence to the north, however stated that it would not be very appealing in this area. Commissioner Rotthaus questioned Mr. Keener regarding the angled parking on the east side, how will they exit the site? Mr. Keener replied that there is enough room to do a three point turn especially since there is a 24 foot fire lane. Commissioner Dudziak questioned Mr. Keener regarding if the rear building is required to be fire sprinkled, will that impact whether or not the building will be built? Mr. Keener replied that they were told that they did not have to sprinkle that building but stated if they have to sprinkle it, then they will do so. Commissioner Phelps moved to reopen the public hearing. Commissioner Davis seconded. Commissioner Byerly opened the public hearing at 8:12 p.m. Karen Wilson, 100 Timberline Drive, stated being in support of the request and stated the developer has been a great neighbor to this area and stated the waivers should be granted as requested. There being no one wishing to speak, the public hearing was closed at 8:14 p.m. Commissioner Byerly moved to approve case ZC11-020 subject to the following conditions: 1. Denial of all setback screening and buffering waivers 2. No drainage or detention waivers 3. No waiver on the fencing requirements. Commissioner Rotthaus questioned the mover about making Timberline Drive North a no parking area. Commissioner Byerly concurred and added no parking up to the subject property line on Timberline Drive North. Commissioner Davis seconded. Commissioner Dudziak questioned the mover regarding if the request by the applicant to be able to use the rear building for residents from the 5314 Bransford location, if needed, and no residents younger than 55? Commissioner Byerly stated not being comfortable with having residents living there that are affiliated with the other property since this will be a standalone PUD development. City of Colleyville Page 8 Printed on 11/18/2011 Planning and Zoning Commission Minutes -Final October 24, 2011 Commissioner Dudziak stated he would like to add a residential sprinkling system be required in the cottage unit. Commissioner Byerly stated it is currently required therefore it would not have to be stated in this ordinance. Commissioner Byerly restated the motion: 1. Denial of all setbacks, screening, landscaping and buffering waivers 2. No drainage or detention waivers 3. No waiver on the fencing requirements 4. No parking along Timberline Drive North from Bransford to the western property line of the subject property. Commissioner Davis seconded. Commissioner Phelps questioned staff regarding what changes will the applicant need to make to this submittal before this moves forward to City Council. Ron Ruthven stated that it will ultimately be up to the applicant to provide any new types of plans or descriptions; however he stated he would recommend an amended site plan. He also stated that this can be submitted to the City Council as proposed with the existing site plan and existing waivers. He further stated that City Council may approve with the Planning and Zoning Commission recommendations along with their own recommendations. Commissioner Byerly reminded the Commissioners that the driveway and parking space waivers have been granted. Commissioner Rotthaus stated that if the setbacks are not granted then additional parking spaces will be lost. Commissioner Byerly stated that the applicant can rearrange some of the open space to accommodate for additional parking spaces. Commissioner Dudziak stated not being comfortable with voting on a submittal when the Commissioners need to see the revisions on the site. The motion carried by the following vote: Aye: 5 -Knox, Wheelwright, Davis, Rotthaus, Byerly Nay: 2 -Dudziak, Phelps 11. ADJOURNMENT The meeting adjourned at 8:24 p.m. I hereby certify the above agenda was posted on the bulletin boards at City Hall on Friday, October 21, 2011 by 5:00 p.m. Amy Shelley, Community Development Coordinator The meeting minutes were approved on November 14, 2011. City of Colleyville Page 9 Printed on 11/18/2011