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HomeMy WebLinkAboutPlanning and Zoning Commission-Minutes-1/9/2012_~, City of Colleyville '~ ~~~~ `~~~°~ `' Minutes -Final ,. Planning and Zoning Commission City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com Monday, January 9, 2012 6:15 PM City Council Chambers LEGAL BRIEFING BY CITY ATTORNEY REGARDING PLANNING, ZONING, PLATTING, AND LAND USE REVIEW OF REGULAR AGENDA ITEMS AND DISCUSSION OF PREVIOUS MEETING MINUTES DISCUSSION OF ITEMS TO BE PLACED ON FUTURE AGENDAS AND UPDATES ON DEVELOPMENT TRENDS, PROGRESS AND CITY COUNCIL ACTIONS ON PAST AGENDA ITEMS EXECUTIVE SESSION - In accordance with Texas Government Code Chapter 551, Subchapter D, Section 551.071 -Legal -Consultation with attorney on legal issues raised by public hearing or action items on the agenda 7:00 P.M. -REGULAR MEETING 1. CALL TO ORDER The Planning and Zoning Commission meeting of the City of Colleyville was called to order by Chairman Byerly on January 9, 2012. 2. ROLL CALL Present: Commissioners Larry Knox, David Wheelwright, Don Davis, Ron Rotthaus, David Phelps and Jeff Byerly Absent: Commissioner Dave Dudziak Staff Present: Ron Ruthven, Marty Wieder, and Amy Shelley 3. INVOCATION The invocation was given by Commissioner Wheelwright. 4. PLEDGE OF ALLEGIANCE 5. APPROVAL OF MINUTES Commissioner Rotthaus moved to approve the December 9, 2011 meeting minutes as written. Commissioner Davis seconded. City of Colleyville Page i Printed on 1/24/2012 Planning and Zoning Commission Minutes -Final January 9, 2012 The motion carried by the following vote: Aye: 6 -Knox, Wheelwright, Davis, Rotthaus, Phelps, Byerly Absent: 1 - Dudziak 6. CITIZEN COMMENTS REGARDING ITEMS NOT ON THE AGENDA None 7. PUBLIC HEARING AGENDA ITEMS 7a Approval of a request to rezone 4.8 acres from RE-Single Family "Estate" Residential to PUD-C-Planned Unit Development Commercial on Lots 1A and 2, Block 1, of the Wildwood Estates Addition located at 5604 and 5700 Pool Road, Case ZC11-027 Ron Ruthven presented the case and briefed the Commissioners. Commissioner Byerly opened the public hearing at 7:06 p.m. Dan Tanksley, representing the applicant, came forward to present the case and brief the Commissioners. Commissioner Davis questioned Mr. Tanksley regarding if the main purpose of this development is for the overflow of parking. Mr. Tanksley stated that the church does need some overflow parking but that this development will be a positive impact to the community. Commissioner Phelps questioned Mr. Tanksley regarding what assurances can be given to the neighbors that the other portion of the open fields will not become parking spaces. Mr. Tanksley stated that the church is set up for multiple worship services which overlap with each other that have caused the need for additional parking. He further stated that there will not be a need for additional spaces. Commissioner Phelps questioned Mr. Tanksley regarding what type of sports will be participating on the fields. Mr. Tanksley stated mostly younger children, more so with special needs for soccer but not baseball. Commissioner Phelps questioned Mr. Tanksley regarding if the proposed plan had conditions placed that there be no scoreboard, bleachers, etc., would that be an issue? Mr. Tanksley replied that he did not think so. Louie Barrillo, with Compass Christian Church, came forward and explained that the fields would be used more for practice during the week and not for games that would need scoreboards or sound systems. Commissioner Phelps questioned Mr. Tanksley regarding if daytime use of the fields would be sufficient. Mr. Tanksley replied yes. _ City of Colleyville Page 2 Printed on 1/24/2012 Planning and Zoning Commission Minutes -Final January 9, 2012 Commissioner Rotthaus questioned Mr. Tanksley regarding the placement of the basketball goal, could it be moved more centrally north near the parking lot so that it is away from the residential since it will be lit? Mr. Tanksley replied that the church would be open to those suggestions to have a minimal impact on the neighborhood. Commissioner Davis questioned Mr. Tanksley regarding the open corn field. Mr. Tanksley stated that the property is not for sale. Commissioner Knox questioned Mr. Tanksley regarding if there is currently a fence in place next to the neighborhood to the west. Mr. Tanksley replied yes, those neighbors currently have a fence. He further stated that at the neighbor's request, the church will be putting up a 10 foot privacy fence. Commissioner Knox questioned Mr. Tanksley regarding if the new fencing will be adjacent to the existing fence or will there just be one fence in place? He further explained the concern for there being space between the two fences that would cause maintenance issues. Mr. Tanksley replied that they have no intention of having the space between and they plan to replace the owner's fencing however,they will have to work with those neighbors and if those neighbors are not willing to do so then the church will place a fence on the church's property. There being no one wishing to speak, the public hearing was closed at 7:27 p.m. Commissioner Byerly opened the public hearing at 7:27 p.m. Brandon Neisios, 7503 Kings Court, came forward and spoke in favor of the request. He further questioned the Commissioners regarding if this development does not happen would the property revert back to residential or would it be open for any commercial? Frank Yin, 2501 Kings Court, came forward and stated he looked forward to the Commissioners response to the previous speaker's question. He further stated he wanted the green space between the development and his property. Agnes Yin, 2501 Kings Court, came forward and stated being concerned that if this development does not happen what will happen to the zoning, will it revert back to residential? Charlotte Sanders, 5500 and 5600 Pool Road, came forward and spoke in opposition to the rezoning request. She further stated having concerns for the noise with the facility. Cify of Colleyville Page 3 Printed on 1/24/2012 Planning and Zoning Commission Minutes -Final January 9, 2012 There being no one wishing to speak, the public hearing was closed at 7:33 p.m. Ron Ruthven stated that the PUDC will have its own ordinance with its own set of provisions and that if the church decided not to develop the property, as requested with the ordinance and its provisions, then the PUD would have to be amended during the public hearing process. Commissioner Byerly stated that the specific uses for this property would be restricted to a covered pavillion, a basketball goal, parking spaces and an open field area for practicing sports. Commissioner Phelps questioned staff regarding what the future land use plan wilt represent if this zoning changes from residential to commercial. Ron Ruthven replied that the future land use plan would represent institutional. Ron Ruthven stated that this property will have to develop just as the ordinance conveys. Commissioner Phelps questioned staff regarding if the zoning request can be contingent upon the sale of the property. Ron Ruthven replied not on the rezoning. Commissioner Phelps questioned staff regarding if a time limit could be placed on the request that if it is not developed within one year or 18 months, then the rezoning would revert back to residential. Ron Ruthven replied that the Commissioners could add the use of residential into the ordinance therefore allowing the property to be developed as residential however the PUD zoning would still be in place but residential would then be allowed. Mr. Tanksley answered Mr. Yin's concern and stated that there will be a 20 foot landscaped buffer. Commissioner Phelps questioned Mr. Tanksley regarding if there will only be one fence. Mr. Tanksley replied yes, that is the plan, however, he stated they are not able to trespass onto the neighbor's properties. Commissioner Phelps stated that he agreed that the basketball court would need to be moved or maybe a distance restriction put within the residential that no lighted structure would be within 50 or 75 feet of the property line. He further stated that he would like to add specific restrictions on other structures not being allowed on the athletic fields. He stated he would like to add some provision to the ordinance that this property would revert back to residential if the development does not occur within one or two years so that the future land use is not compromised. City of Colleyville Page 4 Printed on 1/24/2012 Planning and Zoning Commission Minutes -Final January 9, 2012 Commissioner Knox questioned staff regarding if the proposed development has the maximum amount of paving? Ron Ruthven replied that it shall be generally consistent with the conceptual site plan. He stated that at least 50 percent of open space is required therefore the open space could not be paved over. Commissioner Byerly stated not being in favor of the reverting back to residential. He stated if the proposed request is not acceptable, then the request should be denied. Commissioner Phelps stated there are factors that are not controlled by the Commission. He stated that he likes the request, but that if this is not developed, then he is not in favor of another commercial type zoning, such as industrial. Commissioner Phelps moved to approve case ZC11-027 with the following conditions: 1) that the athletic fields not have lighting, stadium seating, score boards or signage 2) that no lighting be permitted within 50 feet of the east and south property lines 3) that the zoning would revert back to residential if the development did not commence within one year (the same language used for a special use permit). Commissioner Rotthaus seconded. Commissioner Phelps stated the applicant could leave the basketball court where it is on the conceptual site plan as long as it is not lit, however, if the court is to be lit, then it would need to be at least 50 feet away from the adjacent residential area or the court could be limited to daytime hours only. Commissioner Phelps questioned Mr. Tanksley regarding if they are willing to work with the conditions. Mr. Tanksley stated that they are fine with the conditions and that they may move the basketball court to be able to keep the lighting. He stated that they would prefer the property to revert back to residential if the church does not develop it within two years so that the property is more marketable to sell. He stated that they are not purchasing this property for an investment. He stated they are working with the deed restrictions on this property which may take 12 months or longer, therefore the time restriction condition may hurt the church development. Commissioner Davis stated being willing to give the church two years to be able to develop. Commissioner Phelps questioned staff regarding if the church did need an extension, what would the process be to extend the time frame? Ron Ruthven replied they would have to come back and amend the PUD and City of Colleyville Page 5 Printed on 1/24/2011 Planning and Zoning Commission Minutes -Final January 9, 2012 go back through the public hearing process. Commissioner Phelps stated he would amend his motion from a one year to a two year time frame to develop. Commissioner Byerly stated not being in favor of a time limit. He further explained that if this is a good use for the property then vote in favor of the request if not then deny the request. The motion carried by the following vote: Aye: 4 -Wheelwright, Davis, Rotthaus, Phelps Nay: 2 -Knox, Byerly Absent: 1 - Dudziak 7b Approval of a request to amend the Special Use Permit to allow for outside vehicle sales on Lot 1 R, Block 1, of the Nystel Addition located at 1815 John McCain Road, Case ZC11-028 Ron Ruthven presented the case and briefed the Commissioners. Commissioner Byerly opened the public hearing at 8:03 p.m. Andy Gardner, applicant and property owner, came forward to present the case and brief the Commissioners. Commissioner Knox questioned Mr. Gardner regarding if the vehicles will be left out overnight. Mr. Gardner replied no. Commissioner Byerly questioned Mr. Gardner regarding if there will be any additional signs on the property. Mr. Gardner replied that there will be no additional signage on the property. Commissioner Phelps questioned Mr. Gardner regarding the loading and unloading of the vehicles on the transport trucks, is this property conducive to this type of use or would this use be better at another location? Mr. Gardner replied that he would like to be located along SH114 on a million dollar property, however that's not possible. He stated that they work really hard not to restrict the traffic flow on John McCain when they are loading or unloading vehicles. He further stated that they keep the property clean and maintained. Commissioner Phelps questioned Mr. Gardner regarding when new vehicles are moved in or out of the property. Mr. Gardner replied that the trucks move in after 9 a.m. and before 5 p.m. Commissioner Phelps questioned Mr. Gardner regarding if there are times when the driver may arrive earlier. Mr. Gardner replied City of Colleyville Page 6 Printed on 1/24izo7L Planning and Zoning Commission Minutes -Final January 9, 2012 occasionally they do, but rarely, and they can just pull into the parking area. He further stated that he has no control over when the drivers arrive, but when they do arrive he makes sure that someone is there to receive the truck and get them in the parking area so that traffic is not impacted. Commissioner Phelps questioned Mr. Gardner regarding if a staging area could be used so that the large trucks are not blocking traffic or idling in the parking lot when they arrive early. Mr. Gardner replied not having control over another piece of property where something like that can be done. He stated he has control over his lot. Mary Huffman, 7309 Trianon Court, spoke in opposition to this request and stated that the commercial uses should not be in this area. John Dees, 7200 Marantha Court, spoke in opposition to this request and stated having concerns for the traffic and the idling of trucks during the night. There were five speakers who chose not to speak but wished to register their opposition to this request. There being no one wishing to speak, the public hearing was closed at 8:21 p.m. Commissioner Byerly questioned Mr. Gardner regarding if there are any alternate plans for the loading and unloading of vehicles. Mr. Gardner replied that the request is not for whether or not this will be a car dealership, it's simply if the business will be allowed to park cars out in the front area for sale. He further stated that his business plan has not changed and the trucking situation will not change. Commissioner Knox questioned Mr. Gardner regarding if he would be willing to put in a gate so that the truckers would have to return if they came earlier than when the business is open? Mr. Gardner replied that could be an option, but they would have to decide when to open the gate. He stated the gate will not help the situation. Commissioner Phelps stated that the truck deliveries are restricted to 9 a.m. to 3 p.m., Monday through Friday, therefore if the trucks are arriving earlier then they are in violation of the current ordinance. Commissioner Phelps questioned Mr. Gardner regarding how many deliveries are made each day. Mr. Gardner replied that there may be three deliveries in three hours and then there are some days when there are no deliveries being made at all. City of Colleyville Page 7 Printed on 1/2M2012 Planning and Zoning Commission Minutes -Final January 9, 2012 Commissioner Phelps commended Mr. Gardner regarding the improvement of the property from the previous business owner. He stated being concerned about the delivery times and the lack of enforcement of those delivery times as indicated in the ordinance. Ron Ruthven stated that the delivery times are clear in the ordinance and may not be outside of that window. He stated that if trucks are coming in during the night, then the truck will have to stage somewhere else. He also stated that if the truck were to come into the parking lot area and turn off the engine and lights, then the spirit of the ordinance is being met. Commissioner Phelps stated that given the nature of how the trucks have to get into the parking lot area, if those trucks are early, then the spirit of the ordinance is not met. Ron Ruthven concurred. Commissioner Wheelwright stated that the trucks are an issue for the neighbors and will become more of an issue especially if the business grows as the applicant has stated. He stated that, with regard to the gate, there may be an issue with that as well, but it could also help to enforce the current ordinance. It will push the trucker to drive somewhere else and stage until the time of delivery. Commissioner Davis stated most of these truckers are independent contractors and they wilt do what they want to do. He stated he would imagine that the truckers are being asked to deliver at a certain time. Ron Ruthven stated that if there is a gate, then the trucker will have to continue down John McCain to Westcoat and the conditions do not get any better for a truck to turn around. Commissioner Byerly commended Mr. Gardner regarding the improvement of the property. He stated it is a fairly low impact use and that the gate would be counterproductive. He urged Mr. Gardner to come up with some alternatives, with some of these issues raised, since they will probably come up during the City Council discussion. Commissioner Phelps stated that the gate is an alternative but he urged the applicant to keep the deliveries to the time frame specified within the existing ordinance. Commissioner Byerly questioned staff regarding parking for customers. Ron Ruthven replied that one per 300 square feet of gross floor area is required, specifically, the display and office area, which would require about six to seven parking spaces be open for customers. Commissioner Wheelwright questioned Commissioner Byerly, since he City of Colleyville Page 8 Printed on 1/24/ZO1z Planning and Zoning Commission Minutes -Final January 9, 2012 was present during the original request, regarding if there was a reason that the outside vehicle sales was prohibited on the original SUP request? Commissioner Byerly stated that the applicant never asked for outside sales in the beginning. Commissioner Byerly moved to approve case ZC11-028 with the following conditions: 1)that there be no parking outside overnight of inventory 2)that there be no additional signage 3)that there be no idling or lights on delivery trucks after business hours. Commissioner Davis seconded. Commissioner Phelps questioned staff, for clarification, regarding if the last part of the motion opens up the ability for deliveries to be made after delivery hours. Ron Ruthven stated that language could be added that trucks could be staged on site after business hours but shall not idle or have lights on outside of the 9 a.m. to 3 p.m. times. Commissioner Wheelwright questioned staff regarding if this use would open up the surrounding businesses to have vehicle sales. Ron Ruthven replied that they would have to apply for an SUP as well. The motion carried by the following vote: Aye: 5 -Knox, Davis, Rotthaus, Phelps, Byerly Nay: 1 -Wheelwright Absent: 1 - Dudziak 8. ADJOURNMENT The meeting adjourned at 8:48 p.m. I hereby certify the above agenda was posted on the bulletin boards at City Hall on Friday, January 6, 2012 by 5:00 p.m. Amy Shelley, Community Development Coordinator The meeting minutes were approved on January 23, 2012. City of Colleyville Page 9 Printed on 1/24/2012