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Home My WebLink AboutPlanning and Zoning Commission-Agenda Packets-12/12/2011City of Colleyville City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www. Colleyville. com ~-j r, ,r `- c~'~ t r li~.~a~= Meeting Agenda Monday, December 12, 2011 6:15 PM City Council Chambers Planning and Zoning Commission ,, , City of Colleyville 100 Main Street `~ ~~~~ ~'~~ ~~ Colleyville, Texas 76034 ~~~ ~ ~ 817. 503.1000 Meeting Agenda ,:~:;,' www.colleyville.com Planning and Zoning Commission Monday, December 12, 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 2. ROLL CALL 3. INVOCATION Commissioner Dudziak 4. PLEDGE OF ALLEGIANCE 5. APPROVAL OF MINUTES November 28, 2011 6. CITIZEN COMMENTS REGARDING ITEMS NOT ON THE AGENDA 7. PUBLIC HEARING AGENDA ITEMS 7a Approval of a replat on 10.1 acres on Lot 1, Block 1, of the Kroger Addition located at 4904 and 4908 Colleyville Boulevard, Case PC11-014 City of Colleyville Page 1 Printed on 12/9/2011 Planning and Zoning Commission Meeting Agenda December 12, 2011 7b Approval of a request to rezone 23 acres from the AG-Agricultural to CC1-Village Retail with a Special Use Permit for a cemetery or mausoleum on Tract 2601, Abstract 180 of the J.L. Byas Survey located at 5725 Colleyville Boulevard, Case ZC11-026 8. JOU MENT I here y certify t above agenda was posted on the bulletin boards at City Hall on Fri y, December 9, 2011 by 5:00 p.m. Amy Shelley, Community Development Coordinator City of Colleyville Page 2 Printed on 12/9/2011 City of Colleyville c-ty Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www. Colleyville. com ~" <~r ,~.~ f '~ ~~c l~ ~~,,:~ Minutes -Draft Monday, November 28, 2011 6:15 PM City Council Chambers Planning and Zoning Commission ~, ~, City of Colleyville 100 Main Street ~~~~Y ~~- ~ Colleyville, Texas 76034 Minutes -Draft 817.503.1000 '' "'~ www.colleyville.com Planning and Zoning Commission Monday, November 28, 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 City Attorney Cathy Cunningham explained that the Executive Session had been called in accordance with the Texas Government Code, Chapter 551, Subchapter D, Section 551.071, Legal. She further explained that there would be no decisions made or actions taken during this time. The meeting was recessed at 6:50 p.m. into executive session and reconvened into open session at 6:59 p.m. 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 November 28, 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, Marty Wieder, Rob McKeown, Ramon Cannon, Rodney Cunningham and Amy Shelley 3. INVOCATION The invocation was given by Commissioner Knox. 4. PLEDGE OF ALLEGIANCE City of Colleyville Page 1 Printed on 12/1/2011 Planning and Zoning Commission Minutes -Draft November 28, 2011 5. APPROVAL OF MINUTES Commissioner Rotthaus moved to approve the November 14, 2011 meeting minutes with grammar corrections. Commissioner Davis seconded. 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. REGULAR AGENDA ITEMS 7a Approval of a request for a final plat for Whittier Heights, Phase II Addition located in the 400 block of McDonwell School Road and Providence Road, Case PC11-011 Ron Ruthven presented the case and briefed the Commissioners. Commissioner Knox moved to approve case PC11-011. Commissioner Rotthaus seconded. The motion carried by the following vote: Aye: 7 - Knox, Dudziak, Wheelwright, Davis, Rotthaus, Phelps, Byerly 7p Approval of a request for a minor plat of 2.9 acres on Tract 2V of Abstract 1248 of the T.J. Polson Survey located at 509 Black Drive, Case PC11-012 Ron Ruthven presented the case and briefed the Commissioners. Sam Noel, the applicant, came forward to present the case and brief the Commissioners. Commissioner Phelps moved to approve case PC11-012. Commissioner Davis seconded. The motion carried by the following vote: Aye: 7 - Knox, Dudziak, Wheelwright, Davis, Rotthaus, Phelps, Byerly 8. PUBLIC HEARING AGENDA ITEMS City of Colleyville Page 2 Printed on 12/1/2011 Planning and Zoning Commission Minutes -Draft November 28, 2011 8a Approval of a request for a replat for Lots 19, 20 and 21, Block A of the Whittier Heights, Phase I Addition located in the 6900 block of Whittier Lane, Case PC11-010 Ron Ruthven presented the case and briefed the Commissioners. Commissioner Phelps questioned staff regarding stop sign placement on the new street for traffic control. City Engineer, Jeremy Hutt replied that the layout for the intersection would meet the standard criteria and stop signs would be placed on the new proposed section of roadway. Commissioner Davis questioned staff regarding if the new road will increase traffic in any way. Jeremy Hutt replied that the actual road connection will not increase traffic counts however it will allow for redistribution of the existing traffic that is experienced in both subdivisions. Commissioner Byerly opened the public hearing at 7:11 p.m. Kevin Kessler, the applicant, came forward to present the case and brief the Commissioners. Commissioner Davis questioned Mr. Kessler regarding if the new road will increase traffic. Mr. Kessler replied that it should not increase traffic counts and that cut through traffic is not anticipated. Commissioner Dudziak questioned Mr. Kessler regarding if the Reserve addition will connect to this new road. Mr. Kessler replied correct. Commissioner Dudziak questioned Mr. Kessler regarding what assurance can be given that this will actually take place. Mr. Kessler replied that the access easement will have to be granted before the plat can be approved. He stated that the construction plans are all tied to the replat. Commissioner Dudziak questioned Mr. Kessler regarding if the construction documents for the Reserve addition are complete. Mr. Kessler replied that for the street connection, the construction documents are complete and have been reviewed by the City's engineering department. Bill Dahlstrom, 9041 Main Street, Suite 600, Dallas, Texas, representing Toll Brothers, came forward to remind the Commissioners that according to Chapter 212, of the Local Government Code, they respectfully request the approval of this replat. Rob Paul, Dallas, Fort Worth, Division President for Toll Brothers, came City of Colleyville Page 3 Printed on 12/1/2011 Planning and Zoning Commission Minutes -Draft November 28, 2011 forward to answer any questions from the Commissioners. Commissioner Dudziak questioned Mr. Paul regarding what will happen to the traffic as it moves through the area. Mr. Paul replied that a traffic impact analysis has not been done for this area. He further stated that between the two communities, there will be residents from both, that will use the new road. He stated not being sure that the traffic will or will not increase because of the new road. He stated that the road connection between Whittier Heights and the Reserve addition will be done at the same time. Commissioner Knox questioned Mr. Paul regarding why the newly proposed road connections does not line up with the existing Riverpath. Mr. Paul replied that a modification has been made to ensure that the centerline of the two roads will line up. Mr. Kessler concurred and stated that the pavement plans have been adjusted so that the streets will line up. He stated that the traffic will drive directly across so there will be no notice of a difference. He further stated that one of the lots will become a corner lot and therefore needed additional square footage to create a larger side lot for the setback area. He stated the pavement does line up. Michael Tierney, 6624 Whittier Lane, spoke in opposition to this request. Ennio Morabito, 6812 Whittier Lane, spoke in opposition to this request. Don Albrecht, 533 Haverhill Lane, spoke in opposition to this request. Tim Gross, 205 Old Grove Road, spoke in opposition to this request. David Arnett, 6821 Providence Road, spoke in opposition to this request. David Hager, 6812 Whittier Lane, spoke in opposition to this request. Melody Kleuser, 6811 Whittier Lane, spoke in opposition to this request. Brian Reed, 6712 Whittier Lane, spoke in opposition to this request. There were 19 other persons who filled out speaker cards who wished to record their opposition to this request however did not wish to speak. There being no one wishing to speak, the public hearing was closed at 7:41 p.m. Commissioner Phelps questioned staff regarding what the Commission is and is not allowed to do in this case. City Attorney Cathy Cunningham replied that since this applicant is not requesting any waivers to this City of Colleyville Page 4 Printed on 12/1/2011 Planning and Zoning Commission Minutes -Draft November 28, 2011 replat and that this plat meets the requirements of the City ordinances, then the plat may be approved. Commissioner Phelps questioned City Attorney Cunningham regarding if this plat meets those requirements. City Attorney Cunningham replied yes. Commissioner Phelps questioned staff regarding what research was done to ensure that all of the requirements have been met. Ron Ruthven replied that the plat, as proposed, meets the requirements of the code and the PUD ordinance that governs this subdivision. He explained that this is one of the largest PUD ordinances in the City in that it governs several subdivisions. He further stated that the PUD, approved in 1999, overrides the Land Development Code. Commissioner Knox questioned staff regarding the alignment of this proposed road. Jeremy Hutt replied that the City has ordinances that govern the alignment of intersections and that this applicant has met those requirements. Commissioner Knox stated that the centerlines do not appear to line up. Jeremy Hutt assured Commissioner Knox that he has worked with the design engineer to ensure that the roads will line up. Commissioner Dudziak stated that what has been worked out with the alignment of the road can not be seen on the exhibits. Jeremy Hutt replied correct, the road construction will meet the design requirments and that the centerlines will align. Commissioner Phelps questioned staff regarding the traffic flow, whether internal or external. Jeremy Hutt replied that the addition of the road will redistribute the existing traffic counts. He explained that as the subdivisions continue to develop, the traffic counts will continue to rise. He stated that they look at the traffic counts on a build out scenario. He stated that if both subdivisions were built out, and the road was placed, the traffic counts as a whole do not increase. He stated that traffic counts at individual points may fluctuate, but from a whole, built out subdivision, the traffic counts remain the same. Commissioner Phelps questioned staff regarding if there are any ways to predict the actual habits of the residents within it. Jeremy Hutt replied no, that is very difficult to predict. He further explained that one thing that could be noted is that it does provide another ingress or egress point if one area does get backed up. Commissioner Phelps stated that could benefit the Whittier residents to have another exit. Commissioner Dudziak questioned staff regarding if there is no language in the original PUD that would state that this subdivision is to only have one entrance and exit. Ron Ruthven replied that the actual PUD City of Colleyville Page 5 Printed on 12/1/2011 Planning and Zoning Commission Minutes -Draft November 28, 2011 ordinance does not specifically call out any named communities. He stated this was a very large undeveloped parcel which contained no conceptual site plan for the 1999 approving ordinance. Commissioner Dudziak questioned staff regarding if there is specific language that would prohibit this request. Ron Ruthven replied no, there is no language in the approving 1999 ordinance that would prohibit this request. Commissioner Dudziak questioned staff regarding how does this road extension affect emergency response times. Fire Marshal Rob McKeown replied that the response times will be helped significantly, taking the response times from zero to 2.13 minutes. Commissioner Dudziak questioned staff regarding parking along Providence Road has been an issue. Police officer Ramon Cannon replied that none are known. He stated that the picture that one of the speakers provided indicates that the vehicles parked along Providence are legally parked. Commissioner Dudziak questioned staff regarding if the traffic is so backed up McDonwell School Road, at times, that Providence becomes used more frequently. Officer Cannon replied not to the point that an alternate routes are used. He stated that the newly proposed road is actually a longer drive. Commissioner Dudziak questioned staff regarding if a single entry subdivision has less crime. Officer Cannon replied that a study has not been completed in the City for such a request. He stated that is very broad and would require a lot of details. Hes stated that Colleyville has the lowest crime rate in Tarrant County, however stated not knowing if a single entrance subdivision has less crime. Commissioner Byerly moved to approve case PC11-010. Commissioner Davis seconded. The motion carried by the following vote: Aye: 6 -Dudziak, Wheelwright, Davis, Rotthaus, Phelps, Byerly Abstain: 1 -Knox Commissioners Dudziak and Rotthaus stated being uncomfortable with voting in favor of the request however both stated only doing so because of State law. gp Approval of a request to rezone 0.6 acres from CC1-Village Retail to R20-Single Family Residential on Tract 1 C03, Abstract 936 of the M. City of Colleyville Page 6 Printed on 12/1/2011 Planning and Zoning Commission Minutes -Draft November 28, 2011 Looney Survey located at 5313 Pleasant Run Road, Case ZC11-024 Ron Ruthven presented the case and briefed the Commissioners. Commissioner Byerly opened the public hearing at 8:04 p.m. Veronica Baughman, the applicant, came forward to present the case and brief the Commissioners. She explained that the title company will not convey the property as single family residential because the property is written on a commercial contract because it is not commercial. Commissioner Phelps questioned Ms. Baughman regarding what are the long term plans for the subject property. Ms. Baughman replied that the buyer is a doctor and that eventually, after the lease is up on the current resident, he will want to put his office on the property. She further stated that at that time, he will have to come back in to rezone the property. Commissioner Phelps stated being concerned about rezoning this property now and then again next year. Commissioner Phelps questioned Ms. Baughman regarding if the financing paper work can be done next year so that the rezoning does not have to change. Ms. Baughman replied that this is a title issue not a financing issue. Commissioner Rotthaus stated the property can not be sold. Ms. Baughman concurred, not until the zoning reflects it as a home. Commissioner Davis questioned Ms. Baughman regarding if the property can be sold as a commercial property and be torn down next summer. Ms. Baughman replied that it can not be written on a commercial contract at all. Discussion occurred between Ms. Baughman and the Commissioners regarding the conflict with the title company. Commissioner Dudziak questioned Ms. Baughman regarding if the property were to be destroyed by an act of God, could the title be obtained at that time? Ms. Baughman replied no because the deed is for a home. Commissioner Phelps stated a home could not be rebuilt because it would not match the zoning district. Ms. Baughman replied correct. Commissioner Byerly stated that Ms. Baughman is not getting the correct information from the title companies. Ms. Baughman disagreed and stated that she has talked with everyone and they have all told her it has to be rezoned. City of Colleyville Page 7 Printed on 1 Z/1/zo71 Planning and Zoning Commission Minutes -Draft November 28, 2011 There being no one wishing to speak, the public hearing was closed at 8:11 p.m. Commissioner Phelps stated not being opposed in the ultimate goal of this being a commercial property. He stated being concerned about rezoning property for purposes other than zoning. He stated he did not want to set a precedent, if at all possible. Commissioner Byerly concurred and stated not being in favor of yo-yo zoning. He stated that he has bought residential property as commercial property. He further stated not being comfortable with rezoning this property and then rezoning the property next year. Commissioner Dudziak concurred and stated that the City deems this to be a commercial property. Commercial Phelps questioned staff regarding what is the next step in this process if this request is either approved or denied by the Commission. Ron Ruthven replied if the Planning and Zoning Commission denies this request, the applicant has 10 days to appeal the denial to City Council. He stated if the request is approved, then it will move forward to City Council on December 13, 2011. Commissioner Phelps moved to deny case ZC11-024. Commissioner Byerly seconded. Discussion occurred between the Commissioners and Ms. Baughman regarding the next step. Commissioner Wheelwright questioned staff regarding if there have been other issues like this in the past. Ron Ruthven replied that the zoning case itself has to stand on the merits of the land use itself. He stated that the highest and best use of the property has to be considered. He stated this circumstance can be looked at however, the Commission has to decide if a residential use is the best use for this property. He stated that compliance letters are sent to lending institutions with regard to land use. He stated that those institutions have changed how they will lend money. He explained that if this house were to be gone tomorrow, it could not be rebuilt as residential. Commissioner Wheelwright questioned staff regarding if zoning has ever been changed on a piece of property to appease the title company. Ron Ruthven replied it's possible in my 16 years of planning however, the highest and best use of the property has to be considered. He further stated that this could be a special circumstance. He stated that the property owner has the right to rezone their property. City of Colleyville Page 8 Printed on 12/1/2011 Planning and Zoning Commission Minutes -Draft November 28, 2011 The motion carried by the following vote: Aye: 6 -Knox, Dudziak, Wheelwright, Davis, Rotthaus, Byerly Nay: 1 -Phelps gc Approval of request for a Special Use Permit for off-premise beer and wine sales on Lot 1, Block 1, of the Kroger Addition, located at 4904 Colleyville Boulevard, Case ZC11-025 Commissioner Rotthaus recused himself from this item since he is in the notification area. Ron Ruthven presented the case and briefed the Commissioners. Commissioner Davis questioned staff regarding a 24 foot fire lane access. Fire Marshal Rob McKeown replied that there is currently a fire lane however to help with the circulation, staff has recommended the access be a fire lane. Ron Ruthven replied that the fire access was requested by Community Development not the Fire Department however it improves overall access to the subject property. He stated with it being a fire access lane, it would be required to red striped. Commissioner Dudziak questioned staff regarding the red areas on the exhibit. Ron Ruthven replied that the red areas on the exhibit indicate islands that would be relocated if the new access easement is put in place. He further explained that the islands will require landscaping. Commissioner Phelps questioned staff regarding the landscaping requirements for this subject property. Ron Ruthven replied that the landscaping currently meets the code, however, if something were to be removed then the landscaping will have to meet the code. Commissioner Phelps questioned staff regarding the distance measurements between the subject property and the school. Ron Ruthven replied it is measured from the nearest point, property line to property line, which includes the in-linespaces. Commissioner Phelps questioned staff regarding what is the actual distance from the Kroger space which is where the alcohol will be sold. Ron Ruthven replied the closest point from the actual grocery store and the structure of the elementary school is approximately 720 feet. Commissioner Byerly questioned staff regarding if the only space which will have the alcohol sales is the old Kroger space, correct? Ron Ruthven replied correct, the 57,000 square foot lease space itself. Commissioner Dudziak questioned staff regarding if the Walmart will be purchasing this space or leasing this space. Ron Ruthven replied that City of Colleyville Page 9 Printed on 12/1/2011 Planning and Zoning Commission Minutes -Draft November 28, 2011 they are purchasing the actual old Kroger space. Economic Development Director, Marty Wieder concurred and stated that they are only purchasing the actual old Kroger space. He further explained that Walmart has submitted a replat to actually carve out their lot from the larger plat. Commissioner Dudziak stated that Walmart will be coming back to replat the property. Marty Wieder concurred. Commissioner Dudziak questioned staff regarding if it would behoove Colleyville if this development would meet the same design standards as the Village? Marty Wieder replied that he has communicated with the Walmart officials and their design team. He stated that the City wants to see this space become full and see the sales tax being generated from it. Commissioner Dudziak questioned staff if Walmart has expressed some interest in designing this building like the Village. Marty Wieder explained that they are willing to consider it. Commissioner Phelps questioned staff regarding if the upgrade of the building score to a design score of 30 only applies to the old Kroger space. Marty Wieder replied yes, he believes so, not the iin-linespace or the detached spaces near Colleyville Boulevard. Commissioner Dudziak questioned staff regarding what is the difference in the design score of 30 and the design scores for the Village. Ron Ruthven stated that the Village scores very high because of the building articulations, awnings, windows and shade spaces. He stated there will need to be some significant changes to the building because it only scored a 17, which is relatively low. Commissioner Dudziak questioned staff regarding if this is something that would have to be outlined in the ordinance. Ron Ruthven replied that there is no specific style outlined in the code therefore he suggested not getting that specific and to keep it relative to the requirements of the code. He further explained that because the Planning and Zoning Commission is a recommending board for City Council, anything can be recommended. Commissioner Byerly opened the public hearing at 8:34 p.m. Chris Biggers, the applicant and representative for Walmart, came forward to present the case and brief the Commissioners. He explained that Walmart is happy to coordinate upgrades that may be feasible for the subject property however they do not want to be held to the point system. He also explained that Walmart is no in favor of the front City of Colleyville Page 10 Printed on 12/1/2011 Planning and Zoning Commission Minutes -Draft November 28, 2011 access easement as outlined on the exhibit because of pedestrian safety. Commissioner Davis stated that people will still cut through that parking lot regardless of what is in the way. Mr. Biggers stated that Walmart would like to make the parking lot as safe as possible. Commissioner Davis questioned Mr. Biggers regarding if Walmart has any parking lots that would be like what the City would like to have for the fire lane access. Mr. Biggers replied he did not know any specifics however Walmart has a lot of parking lots but that a parking lot would not be designed this way. Commissioner Phelps questioned Mr. Biggers regarding the corner next to the new bank, will that corner be leveled or improved so that it is no longer a blind corner. Mr. Biggers replied that by opening up the clear path, traffic will fly through there and Walmart does not want the liability. He stated not knowing if the stop signs on the property will help with that since he does not know if they are enforceable because it is private property. Commissioner Phelps stated that the Market Street parking lots have stop signs and speed bumps to help control the traffic speeds and formalize the intersections. Mr. Biggers stated Walmart does not want to promote it. Commissioner Phelps stated that the point system is a flexible with a variety of options that improve the property and meet the City's guidelines. Commissioner Dudziak questioned Mr. Biggers regarding the design score of 30; they do not want to use the point system? Mr. Biggers did not speak into the directional microphone therefore the response could not be heard. Commissioner Dudziak stated, for clarification, that the applicant is requesting a waiver to a regulation? Mr. Biggers replied yes if it is a requirement of the SUP. Ron Ruthven replied that a building in the CC2 zoning district requires a design score of 25, however based on the recommendations of the amendments to Chapter 6-Building Design, which City Council will vote on December 6, 2011, all commercial buildings, will require a minimum design score of a 30. He further explained that this building design score is a recommendation of the SUP. He stated that both the access easement and the building design scores are recommendations from staff. He stated they actually do go above and beyond our current regulations. City of Colleyville Page 11 Printed on 12/1/2011 Planning and Zoning Commission Minutes -Draft November 28, 2011 Commissioner Dudziak questioned Mr. Biggers regarding if they are requesting a waiver to the building design score requirement of 25 or for that matter of a 17 since they do not want to have a design score. Mr. Biggers replied that not being correct, he stated that they are willing to work with staff to come up with a comparable design score and be done before the City Council hearings with regard to the design updates. Commissioner Dudziak stated not being in favor of granting a waiver to the design score since other developments have been held to the minimum design scores for those zoning districts. Commissioner Dudziak questioned Mr. Biggers regarding if the fire lane access will be a liability for Walmart. Mr. Biggers replied yes. Commissioner Dudziak stated those pedestrians have the same liability walking down the parking lanes. Mr. Biggers replied correct, however the access lane is used for other traffic cutting through the parking lot other than the Walmart customers. Commissioner study that has Biggers replies designed. Dudziak questioned Mr. Biggers regarding if there is a been done that would support such a statement. Mr. I no, other than the many stores that Walmart has Commissioner Phelps stated that if formal intersections were placed in the parking lot area, the traffic could be controlled. He stated it would make it less convenient for cut through traffic. He stated that he always thought that traffic, in a parking lot, is a benefit to a retail operation. He stated the stopping points could help with the retail sales. Commissioner Davis questioned Mr. Biggers regarding the building design score. Mr. Biggers stated that Walmart is willing to meet a design score, however at this point; architecturally, Walmart does not know what updates it will take to meet the design score. He stated that they want to come to an agreement with staff with what is acceptable before moving forward to City Council. Commissioner Phelps questioned Mr. Biggers that if this SUP request for beer and wine sales was not before the Commission, then the balance of this or the evaluation of the building would not be of consideration. Mr. Biggers replied not knowing but that Walmart is looking at building upgrades but that the quick turnaround to the Planning and Zoning Commission for those upgrades was not anticipated. There being no one wishing to speak, the public hearing was closed at 8:51 p.m. Commissioner Dudziak questioned staff regarding the access lane, is City of Colleyville Page 12 Printed on 12/1/2011 Planning and Zoning Commission Minutes -Draft November 28, 2011 this a good upgrade for the subject property and is it dangerous. City Engineer Jeremy Hutt replied that with the designing of parking lots and to maintain the flow of traffic and high visibility, you do want to create lanes that are creatively designed as to not have speeding traffic. He stated the connectivity and parking lot elements can be achieved through creative design. Commissioner Dudziak questioned staff regarding if this is a safe design with some other ancillary features. Jeremy Hutt replied yes. Commissioner Phelps questioned staff regarding if this parking lot design is final in its design or will it need to be refined? Jeremy Hutt replied that the intent is to provide the access easement however he stated he does not know if any design has been done, at this point. Ron Ruthven stated that prior to the issuance of the Certificate of Occupancy; an easement must be filed with the County and consistent with the exhibit in the ordinance. Commissioner Byerly questioned staff regarding if the design features of the parking lot, ones that will slow traffic, are required to be a part of the approving ordinance? Ron Ruthven replied that according to the ordinance, it would be incumbent on the property owner to provide those types of traffic calming mechanisms. He stated the ordinance does not address that. Commissioner Byerly questioned staff if the Land Development Code will regulate that. Ron Ruthven replied no. He stated that these can be added to the ordinance to ensure maximum safety. Commissioner Byerly questioned staff regarding how could that be enforced, would it be something approved by the City Engineer? Ron Ruthven replied that internally circulation standards are not defined but if nothing else, the motion can be made specific for traffic calming elements. He stated, usually, the property owner will want to ensure safety within the parking lot areas. Commissioner Phelps questioned staff regarding the access points from Colleyville Boulevard; those access points may cause the need for an intersection, naturally, in the center of the development. Jeremy Hutt concurred. Commissioner Phelps questioned staff regarding the regulation of the speed in the parking lot or the inclusion of a four-way stop intersection. Ron Ruthven replied it can be a recommendation of the Commission and final approval to be made by staff before the Certificate of Occupancy is issued. He stated that the purpose of the easement is to provide linkage to this development and to the Village. He stated once the parking lot is City of Colleyville Page 13 Printed on 12/1/2011 Planning and Zoning Commission Minutes -Draft November 28, 2011 full, then the traffic will automatically slow down. Commissioner Dudziak stated being concerned about the businesses in Colleyville. He stated not being comfortable with pushing through something that has not been fully accepted by the business owner and staff with regard to the access lane and building design score. He stated he would rather table this item when all of these issues have been addressed. Commissioner Knox stated he liked what has been submitted and he stated he feels that the building design score can be achieved. He stated that even eliminating the parking spaces to accommodate for the access lane, the parking will meet the requirements of the code. He stated not having an issue with the access lane and the parking lot design. Commissioner Davis stated not having an issue with the access lane however, Walmart seems to have the issue. Commissioner Byerly stated even when Kroger was there, the parking lot was not full. He stated the access lane is a good feature. He stated he would like the design score to be bumped up to a design score of a 30 unless City Council deems something differently. Commissioner Wheelwright stated the parking is private and any recommendations for stop signs are fine. He stated that he feels confident that Walmart understands what they are doing with the parking. He concurred with Commissioner Byerly and that the design score is achievable. Commissioner Byerly questioned staff if the whole structure was looked at instead of just the actual Kroger space, would the design score increase? Ron Ruthven replied yes, the Kroger area actually raises the design score since the iin-lineareas are flat. Commissioner Phelps questioned staff regarding if the building design scores are increased by what takes place in the parking lot areas? Ron Ruthven replied no, strictly the structure itself. Commissioner Phelps questioned Mr. Biggers regarding if there is a time constraint on the project if the Planning and Zoning Commission were to table this item tonight. Mr. Biggers replied that there are time constraints on the contract for the property. He stated Walmart will work with staff regarding the design score before going to City Council. He stated they would prefer to meet with staff prior to moving to City Council. Commissioner Davis stated it appears that there is an element of Cify of Colleyville Page 14 Printed on 12/1/2011 Planning and Zoning Commission Minutes -Draft November 28, 2011 surprise with regard to the design score. Mr. Biggers replied that they are aware of the design score and have been working with staff, however, the Walmart architects are still working on the elements. Commissioner Wheelwright stated he firmly believes that by sticking to the point system an agreement can be reached with the design score. He stated he believes that there was miscommunication. Mr. Biggers stated that if this is going to lead to a denial, then they request that this item be tabled. However, if it proceeds forward and they have time to work with City staff before it moves to City Council, then he would prefer that this item move forward. Commissioner Davis moved to approve case ZC11-025 with the requirements in the proposed ordinance and to include that the design score meet a 30 and that the access easement and fire lane as on exhibit D provide for the safety of pedestrians and calming of traffic in a manner approved by the City Engineer. Commissioner Phelps seconded. Commissioner Phelps questioned the Commissioners regarding that the waiver is being approved for the distance requirement to the school? Ron Ruthven concurred and stated that is a condition of the proposed ordinance. The motion carried by the following vote: Aye: 6 -Knox, Dudziak, Wheelwright, Davis, Phelps, Byerly 9. CONTINUED PUBLIC HEARING AGENDA ITEM 9a Approval of a request for an amendment to the PUD-C-Planned Unit Development Commercial zoning and development requirements for the Village Front Door Addition located at 5204 and 5232 Colleyville Boulevard, Case ZC11-021 Ron Ruthven presented the case and briefed the Commissioners. Commissioner Knox questioned staff regarding what was the square footage of the ground floor of building D. Ron Ruthven replied it is 11,625 square feet. Commissioner Knox questioned staff if it had to be 50 percent of that? Ron Ruthven replied correct. Commissioner Byerly opened the public hearing at 9:20 p.m. Jimmy Archie, the applicant, came forward to present the case and brief the Commissioners. He stated that City Council told him to come back if City of Colleyville Page 15 Printed on 12/1/2011 Planning and Zoning Commission Minutes -Draft November 28, 2011 there is an office user who would like to lease the building therefore that is why he is here tonight. There being no one wishing to speak, the public hearing was closed at 9:22 p.m. Commissioner Davis questioned staff regarding that if the Colleyville Master Plan recommends medical office for this area. Ron Ruthven stated that strategic plan, which is different than the Master Plan, recommends medical office. The Master Plan was approved in 2004 which is for land use. He stated that they do not have an area for mixed uses. He stated the summary is based on the Master Plan. Commissioner Davis questioned staff regarding why would the Master Plan call out this parcel in particular. Ron Ruthven the Master Plan calls for retail uses along Colleyville Boulevard. Commissioner Phelps stated being involved in all of the communications between the zoning cases. He stated the mixed use was for the residents to support the retail and by shifting the offices uses to building D, that meant that this building contain all retail uses. He stated this is not the front door to an office complex. He stated we are loosing the retail if this is approved and it will not meet the original content of the request. He stated he would like to see more retail content in it. He stated the City has been compromising on this development. Commissioner Knox concurred with Commissioner Phelps and stated it was sold to the City as retail to the Village. Commissioner Wheelwright concurred with Commissioners Phelps and Knox and stated being opposed to putting all of the office uses in building D and that the compromise was that the subject building would contain all retail. Commissioner Phelps moved to deny case ZC11-021. Commissioner Rotthaus seconded. The motion to deny carried by the following vote: Aye: 7 - Knox, Dudziak, Wheelwright, Davis, Rotthaus, Phelps, Byerly 10. ADJOURNMENT The meeting adjourned at 9:30 p.m. City of Colleyville Page 16 Printed on 12/1/2011 Planning and Zoning Commission Minutes -Draft November 28, 2011 I hereby certify the above agenda was posted on the bulletin boards at City Hall on Tuesday, November 22, 2011 by 5:00 p.m. Amy Shelley, Community Development Coordinator City of Colleyville Page 17 Printed on 12/1/2011 ' ~" , Clt of Colle villa 100 Mttain Street Colleyville, Texas 76034 ~~ ~ ~- Agenda Briefing 817.503.1000 www.colleyville.com File Number: File Type: Case Status: Commission Public Hearings Version: 1 Requester: Community Development Department Agenda Date: 12/12/2011 Agenda No.: 7a Controlling Body: Planning and Zoning Commission Final Action: File Name: Approval of a replat on 10.1 acres on Lot 1, Block 1, of the Kroger Addition located at 4904 and 4908 Colleyville Boulevard, Case PC11-014 Attachments: Location and Zoning Map Aerial Provided by Applicant Plat Exhibit History of Legislative File Version: Date: Acting Body: Action Text: 1 12/12/2011 Planning and Zoning Commission Title Approval of a replat on 10.1 acres on Lot 1, Block 1, of the Kroger Addition located at 4904 and 4908 Colleyville Boulevard, Case PC11-014 Explanation Chris Biggers with Dunaway Associates, on behalf of the property owner, has submitted a replat fora 10.9-acre tract of land located at 4904 and 4908 Colleyville Boulevard. The purpose of the replat is to divide the subject property into four separately owned lots. Zoning. The property is zoned CC2-Shopping Center. The CC2 zoning district requires a minimum lot width of 150 feet and lot depth of 120 feet, and a minimum lot area of 20,000 square feet. The proposed lots meet the lot development criteria as stated within the Land Development Code. Existing Conditions. The properties are currently platted as two lots. Lot 1 is currently developed as a retail shopping center and Lot 2 is currently developed as general office and retail uses. The proposed Lots 1 R-A and 1 R-B are currently the end pieces of the shopping center. Sidewalks and Trails. This development is not required to construct a sidewalk along Colleyville Boulevard or Glade Road as there is an existing sidewalk adjacent to the subject properties. Summary. The owner's surveyor has addressed all of the Development Review City of Colleyville Page 1 Printed on 12/9/2011 Agenda Briefing Continued Committee's comments. The proposed development satisfies all requirements of the Land Development Code. This plat only requires approval by the Planning and Zoning Commission. Recommendation Approval City of Co/leyville Page 2 Printed on 12/9/2011 Location and Zoning Map Aerial Provided by Applicant _... ~.r~~, ,. -- 3 c. `.. i 4 _~ - ._ - - - ...~. ..~.~: •~ 1 ._ ~. ~.: r .s~ Y - b .. 4 ~ ~ ~"C kM "~ bi p .w.,W k d` P ' ] ... y x ~ ~: ~ ~ '~ k ~. cl y^ . (~f ~ 3. 'r ~' ice ' ~ : 1 ~.%hF . ; j) yyS~ y( ] y] a ' y t'C .. ' _ -1 _ :4 44~w• ^4. • :4M .. _- _ _ _ _ _ _ . •x. i~ - 9'.7. a~ . `• ~^ ~ ... .... __._ r, ..... .:. ........ ~~ _ _ _ ~at __ ~ '~" .. .. ..... ~ti. ~.'. .. ..' ~ ~.s ::' 4 „~ a . ''''yy . _ ___~ ~_ dal b ..... .... .::.:. ;^. `: ...,~k.:::. .. ...~~:~ .:' ...:... .. - ......... ..:. ..... 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Agenda Briefing 817.503.1000 www.colleyville.com File Number: File Type: Case Status: Commission Public Hearings Version: 1 Requester: Agenda Date: 12/12/2011 Agenda No.: 7b Controlling Body: Planning and Zoning Commission Final Action: File Name: Approval of a request to rezone 23 acres from the AG-Agricultural to CC1-Village Retail with a Special Use Permit for a cemetery or mausoleum on Tract 2601, Abstract 180 of the J.L. Byas Survey located at 5725 Colleyville Boulevard, Case ZC11-026 Attachments: Location and Zoning Map Notification List Buffer Map Aerial Aerial Looking East Statement of Planning Objectives Project Cover Sheet Site Plan Exterior Building Elevations Proposed Ordinance History of Legislative File Version: Date: Acting Body: Action Text: 1 12/12/2011 Planning and Zoning Commission Title Approval of a request to rezone 23 acres from the AG-Agricultural to CC1-Village Retail with a Special Use Permit for a cemetery or mausoleum on Tract 2601, Abstract 180 of the J.L. Byas Survey located at 5725 Colleyville Boulevard, Case ZC11-026 Explanation Julian Brown, on behalf of Bluebonnet Hills Funeral Home and Cemetery, submitted a request for a zoning change from AG-Agricultural to CC1-Village Retail Shopping Center and a request for a Special Use Permit (SUP) for a cemetery and mausoleum at 5725 Colleyville Boulevard. The applicant recently submitted a building permit fora 6,975 square foot addition to the existing mausoleum and was denied the permit because the zoning district does not allow this use. Existing Zoning and Development Conditions. The property is currently zoned AG-Agricultural and is not platted. The property will be required to be platted before the building permit can be issued for the proposed addition to the mausoleum. The property currently contains a 7,893 square foot mausoleum however the Land Development Code requires an SUP for this use. Proposed Building. The proposed addition to the mausoleum will be 6,975 square feet with an additional 920 crypt spaces. The applicant states that the existing mausoleum is approximately 95 percent sold however, the additional crypt spaces will allow the funeral facility to continue to serve the community. City of Colleyville Page 1 Printed on 12/9/2011 Agenda Briefing Continued Surrounding Properties. The adjacent property to the north is zoned CC2-Shopping Center and is undeveloped and owned by Bluebonnet Hilts. The adjacent property to the northeast is zoned CC2-Shopping Center and is developed as the Bob Moore Sports Center. The adjacent property to the south is zoned AG-Agricultural and is developed as the cemetery. The adjacent property on the east is zoned AG-Agricultural and is developed as the cemetery. The property to the west is zoned CC1-Village Retail and is developed as an auto repair shop. Master Plan. The Colleyville Master Plan designates this property for parks or private open space. The use of the property as a cemetery or mausoleum complies with the plan with the approval of an SUP. Public Notification. Staff notified 19 property owners within 200 feet of the subject property regarding this request and notice was published in the Fort Worth Star-Telegram as required by state law and the Land Development Code. Staff has received no correspondence regarding this request. Summary. The applicant is requesting the SUP so that the proposed 6,975 square foot addition to the mausoleum can be approved and the cemetery use with a mausoleum will be in compliance with the Land Development Code. Recommendation Approval City of Colleyville Page 2 Printed on 12/9/2011 Location and Zoning Map Notification List OWNER OWNER OWNER NAME OWNER ADDRESS OWNER CITY STATE ZIP SITUS ADDRESS Bobby Family Ltd Prtn Moore 6113 Collyville Blvd Colleyville TX 76034 006113 Colleyville Blvd , Pulmona Pob Ltd 4504 Boat Club Rd Ste 800 Fort Worth TX 76135 006100 Colleyville Blvd J T 1r Corle 204 Kin s Creek Dr Terrell TX 75161 006007 Colle ille Blvd , Pulmonary Pob Ltd 4504 Boat Club Rd Ste 800 Fort Worth TX 76135 006000 Colleyville Blvd Blue Bonnet Hills PO Box 11250 New Orleans LA 70181 006001 Colleyville Blvd Bluebonnet Hills Cemetery PO Box 11250 New Orleans LA 70181 005713 Colleyville Blvd Pro Co Paint And Body Inc PO Box 206 Colleyville TX 76034 005900 Colleyville Blvd Bluebonnet Hills Cemetery PO Box 829000 Dallas TX 75382 005713 Colle ille Blvd Bluebonnet Hills Memorial Pk PO Box 11250 New Orleans LA 70181 005713 Colle ille Blvd Hwc Tuscany Colleyville Ltd PO Box 1140 Colleyville TX 76034 001328 Tuscany Dr Gauntt Properties Llc 5850 Collyville Blvd Colleyville TX 76034 005850 Colleyville Blvd Bluebonnet Hills Memorial Pk PO Box 11250 New Orleans LA 70181 005713 Colleyville Blvd Bluebonnet Hills Memorial Pk PO Box 11250 New Orleans LA 70181 005725 Colleyville Blvd Colleyville, City Of 100 Main St Colleyville TX 76034 000000 Hall Johnson Rd Cit Of Colle ille 100 Main St Colleyville TX 76034 001601 Hall Johnson Rd , Barbara Gordon Montessori Schl 1513 Hall Johnson Rd Colleyville TX 76034 001513 Hall Johnson Rd United States Postal Service PO Box 667160 Dallas TX 75266 001501 Hall Johnson Rd Melvin & Martindale Ltd 8235 Douglas Ave Ste 950 Dallas TX 75225 005655 Blue Bonnet Dr Melvin & Martindale Ltd 8235 Douglas Ave Ste 950 Dallas TX 75225 005665 Blue Bonnet Dr Julian Brown, applicant 523 S. 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''°~r&} v Z 0 0 to m J 0~ a )g >> J ~ N N ~, ~ I~F~~ ~ j ~ W~ m C o N~ Cn ~ V si a s, t. ~ L - fl ~~~ ffg 8b ~ e °_ o ' ~~ s ~c _ _ ~ `. ~ ; 8~ z ~ ~3 ~` w~~ ~~ aY~ ~G(S e s ~s ~~ `F ~. ~. 9L ~Y ~~ E_ '°c~ fi Z O I"" T W W ~ 0 ~ ~ _- s ~;ov ~=:~J ra~t€ GSsc$ o ast'~r z 0 H >t J W '~ 7 k 7 O U z 0 W 5 U N Q LL Z O a° W 's a~ K w z K O U O w w 3 U LL :~41 ~gyV_ s'o. Z O_ ~ e w W T "' 1 ~ ~ ~ z o ~ 8 CO `o j o Q o m~ z r w C7 w 3 = o N u~ml ~r ~. Z O H w ^. W $ i O J Q W Q ~ Q z U o ~ ~- Q a w LL i ~ Ya c, r ORDINANCE 0-11-xxxx AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AS HERETOFORE AMENDED; BY AMENDING THE OFFICIAL ZONING MAP AND CHANGING THE ZONING ON TRACT 2601, ABSTRACT 180 OF THE J.L. BYAS SURVEY, FROM THE AG-AGRICULTURAL ZONING DISTRICT TO THE CC1- VILLAGE RETAIL ZONING DISTRICT; AUTHORIZING A SPECIAL USE PERMIT FOR A CEMETERY AND MAUSOLEUM; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Colleyville has received an application for rezoning under Case No. ZC11-026; and WHEREAS, the City of Colleyville deems it necessary, for the purpose of promoting the health, safety, morals, or general welfare of the City to enact a new zoning ordinance; and WHEREAS, the City Council has appointed a Planning and Zoning Commission to recommend the boundaries of the various original zoning districts and appropriate regulations be enforced therein and to recommend a new zoning ordinance; and WHEREAS, the Planning and Zoning Commission has divided the City into districts and has prepared regulations pertaining to such districts in accordance with a comprehensive plan and designed to lessen congestion in the streets; to secure safety from fire, panic, and other dangers; to promote health, general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements; and WHEREAS, the Planning and Zoning Commission, has given reasonable consideration, among other things, to the character of the districts and their peculiar suitability for particular uses, with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the City; and WHEREAS, the Planning and Zoning Commission of the City of Colleyville and the City of Colleyville City Council, in compliance with the Charter of the City of Colleyville, and State Law with reference to changes to zoning classifications under the Zoning Ordinance Regulations and Zoning Map, having given the requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all the Ordinance 0-11-XXXX Page 2 of 3 property owners generally, and to the persons interested and situated in the affected area and in the vicinity thereof, the governing body of the City of Colleyville is of the opinion that said change in zoning should be made. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT all the foregoing premises and findings are found to be true and correct and are incorporated into the body of this ordinance as if copied in their entirety. Sec. 2. THAT the Comprehensive Zoning Ordinance of the City of Colleyville, Texas, be, and the same is hereby amended by changing the zoning on Tract 2601, Abstract 180 of the J.L. Byas Survey, from the AG-Agricultural zoning district to the CC1-Village Retail zoning district with a Special Use Permit for a cemetery and mausoleum, as depicted in the attached Exhibit "A" and is described in the attached Exhibit "B". Sec. 3. THAT the above described tract of land shall be used only in the manner and for the purposes provided by the Comprehensive Zoning Ordinance of the City of Colleyville as heretofore amended, and as amended herein. Sec. 4. THAT the above described tract of land shall be subject to the following conditions: 1. GENERAL a. This Special Use Permit shall only apply to the uses in combination of a cemetery and mausoleum as described in Exhibit "B". Sec. 5. THAT any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Colleyville, and upon conviction shall be punishable by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. Sec. 6. THAT if any section, paragraph, subdivision, clause, phrase or provision of this ordinance shall be judged invalid or unconstitutional, the same shall not affect the validity of this ordinance as a whole or any portion thereof other than that portion so decided to be invalid or unconstitutional. Sec. 7. THAT in addition to and accumulative of all other penalties, the City shall have the right to seek injunctive relief for any and all violations of this ordinance. Ordinance 0-11-XXXX Page3of3 Sec. 8. THAT it has been found that there has been a change in conditions in the above described property, it is now necessary that it be given the above zoning classification in order to permit its proper development and in order to protect the public interest, comfort and general welfare, and requires that this ordinance shall take effect immediately from and after its passage. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the day of 2012. The second reading and public hearing being conducted on the day of 2012. ATTEST: Cynthia Singleton, TRMC, CMC City Secretary CITY OF COLLEYVILLE David Kelly Mayor APPROVED AS TO FORM AND LEGALITY: Matthew C. G. Boyle City Attorney EXHIBIT "A"- Location and Zoning Map -_ . .,:~. maa mt04 ti0i t~ BtCv SB03 X50, d7p0 X373 lYi_ FT00 ~1 H.'ti~ d1 ?q73 ~_ ~7~ ?41' ~ ` tID5 / !417 90Cr tT7<v dy~ ::fig 0416 c`U^..e. 8~ ~ ~.~; 0006 ~37G4 N•'!J !L'b~ ii DP CDft SOY' c• eoco ~- 5@1~ '-_ o CtS1D 372 X00 `QAt `.R'14 b668 E~J8 ~~n . ~ - ` ~' L t. 93il 17s05~!9G4 ~ 131 ,~~ AG A6 ~`~ 530A `,. ~ro~ 5~ 7;or 7n' i2is ri75 „ F.~C • sv 7. C.~ Site tAO~ 7flL~5 5°~ 1413 3_ _ _ - ~9AC tStM tzrJS t3~:. ~. ~~ AG tfr,97 IP05 .,~_ ~~ /~p ~ ~8L0 1:304 f1R _. T. 1005 i°,Cn w.;~ M ~.~ ciz ~ ~~ E912 " n~ ~ 71 f7 5 ~'~-isz~ tG:-+ r,~u8 5701 1?}5 tz~ 1-1~ 5404 1E~i11 ~170f aTJA sTOH 1'12 - ..^ 5 EXHIBIT "B"- Legal Description (to be added)