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HomeMy WebLinkAboutPlanning and Zoning Commission-Minutes-5/13/2013 City of Colleyville City Hall Planning and Zoning 100 Main Street Colleyville, Texas 76034 Commission 817. 503.1000 www.colleyville.com Minutes Monday, May 13, 2013 City Council Chambers CALL TO MEETING TO ORDER The Planning and Zoning Commission meeting of the City of Colleyville was called to order by Chairman Byerly on May 13, 2013 at 7:15 p.m. Roll Call Present: Commissioners Larry Knox, Dave Dudziak, David Wheelwright, Jim Gotcher, Don Davis, David Phelps, and Jeff Byerly Staff Present: Ron Ruthven, Darren Cain, Taci Wrisley, Dale Crown, Clif Nelson, Marty Wieder, and Matt Butler (City Attorney) INVOCATION The invocation was given by Commissioner Wheelwright 1. APPROVAL OF MINUTES Commissioner Knox moved to approve the April 22, 2013 meeting minutes as corrected. Commissioner Wheelwright seconded. The motion to approve as corrected carried with the following vo Aye: 7 - Knox, Dudziak, Wheelwright, Gotcher, Davis, Phelps, and Byerly 2. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA 3. PUBLIC HEARING AGENDA ITEMS 3a Consideration for a zoning change from AG-Agricultural to PUD-R-Planned Unit Development Residential on 53.2 acres on Tract 1G, Abstract Hall Medlin Survey and Tracts 1A02 & 1C, Abstract 295 of the William E Crooks Survey located at 7612 & 7624 Pleasant Run Road, Case ZC1-001 Ron Ruthven presented the case and briefed the Commission. Commissioner Dudziak questioned staff regarding whether or not the City of Colleyville Page 1 Planning and Zoning Commission Minutes May 13, 2013 possibility of hazardous chemicals being washed on to the subject property by heavy drainage had been considered. Ron Ruthven replied the way well site is currently graded, drainage flows to the south into basin, away from the subject property. He further explained, during fracking activities, vacuum trucks pump the water out of the containment away from the site. Commissioner Dudziak stated for the record he had some safety concerns regarding the fact that the gas well site is still a heavy manufacturing site. Commissioner Dudziak questioned staff regarding the requested si waivers and would a sidewalk be constructed along Pleasant Run R Ruthven replied a ten (10) foot wide trail was required along Pl Road and the developer has requested a waiver for this trail. He further explained staff recommends requiring escrow for the trail due to construction on Pleasant Run Road still being in the design stag Commissioner Dudziak questioned if the sidewalk was to be constructed on Commissioner Dudziak questioned staff regarding how a pipeline m out the gas well site and meet up on Pleasant Run Road. Ron Rut to date an application for a pipeline has not been submitted. He further explained possible routes for a pipeline. Commissioner Dudziak staff regarding the minimum distance for pipelines and residential structures. Ron Ruthven replied minimum distances are determined by the Department of Transportation and he did not have those requirements available. The public hearing was opened at 7:31 p.m. Chas Fitzgerald, Art Anderson, and John Van de Voorde, on behalf of the Wilbow Corporation, came forward and briefed the Commission. Commissioner Dudziak questioned Mr. Van de Voorde regarding the that would be used to construct the nature trail. Mr. Van de Vo they anticipated using concrete. Commissioner Dudziak further q Mr. Van de Voorde regarding the reason the trail was not continued to Pleasant Run Road. Mr. Van de Voorde replied as there was nothi Pleasant Run Road they did not feel it should go in that direction. Commissioner Dudziak questioned Mr. Van de Voorde regarding the parkland that was proposed to be donated to the City and would the City be responsible for the maintenance? Mr. Van de Voorde replied the City would be responsible for the maintenance. Commissioner Gotcher questioned Mr. Van de Voorde regarding the proximity City of Colleyville Page 2 Planning and Zoning Commission Minutes May 13, 2013 of gas wells and other developments the developer currently had. Voorde stated they have a development that is adjacent to a well none that were actively fracking or under development. Commissioner Gotcher further questioned Mr. Van de Voorde regarding the closest one of their homes has been built to a gas well. Mr. Van de Voorde rep, in one of their other developments, they have a capped wellhead in the backyard of one of their homes but he believed the Texas Commission on Envir Quality (TCEQ) has a maximum allowance of 50 foot. He further explained the developer has met with Atlas Resource and were assured there was nothing that would prevent building right next to the site. Commissioner Phelps questioned Mr. Van de Voorde regarding the psed maintain it. Mr. Van de Voorde replied correct. Commissioner Phelps questioned Mr. Van de Voorde regarding the p of open space not including the proposed donated parkland. Mr. Van de Voorde replied the total open space, without the parks, would be Commissioner Phelps questioned Mr. Van de Voorde on whether the been consulted regarding the donation of parkland. Mr. Van de V replied no. He further explained the developer was aware that as part of the Parks Master Plan the City would be trying to acquire land for the purpose of parks. Commissioner Phelps questioned Mr. Van de Voorde regarding if there had been any discussion with the City about the escrow refund language. Mr. Van de Voorde replied it had not been discussed with the City. Commissioner Byerly questioned Mr. Van de Voorde regarding the a the language to allow public access to their trails. Mr. Van deplied they would consider it. Commissioner Dudziak questioned Mr. Van de Voorde regarding how residents would be notified there was a well site on the adjacen Mr. Van de Voorde replied they have met with several interested nd as part of their disclosures they are required to tell the poten about the well site. Chris Monroe, 1500 S. White Chapel Blvd., came forward and expre concerns with the development. James Spisak, President of Monticello Homeowners Association, came forward and expressed the concerns with the development on behalf of the Homeowners Association. City of Colleyville Page 3 Planning and Zoning Commission Minutes May 13, 2013 Curtis Young, 8003 Jefferson Circle, came forward and spoke in s this development. There being no one else wishing to speak, the public hearing was closed at 8:17 p.m. Chas Fitzgerald came forward to address comments. Commissioner Wheelwright questioned Mr. Fitzgerald regarding if been any discussion with the Monticello residents, to the west o development, about the shared fence between the properties. Mr. Fitzgerald replied no. He further explained he anticipated discussions in those homeowners regarding the possibility of replacing the shar Commissioner Dudziak question Mr. Fitzgerald regarding the lack of an out an agreement. Commissioner Byerly questioned staff regarding the request to donate parkland in lieu of parkland dedication fees. Ron Ruthven repli a new request that has not been reviewed by staff; it would need through the proper channels before a decision can be made. Commissioner Dudziak questioned staff regarding if there was a timeline for the Pleasant Run Road sidewalk construction. Dale Crown replied sidewalk project goes as far north as Bogart Drive and does not further north. He further explained the northern section has no planned. Discussion continued between Commissioner Dudziak and Dale Crown regarding the continuation of the sidewalk along Pleasant Run Ro Commissioner Dudziak questioned staff regarding the runoff from site. Dale Crown replied he was unsure of the runoff direction but believed runoff eventually made its way to Big Bear Creek. Discussion continued between Commissioner Dudziak and staff rega direction of runoff. Commissioner Dudziak stated he was not comfortable absorbing mor parkland without first consulting with the Parks Department. Commissioner Dudziak questioned staff regarding the proposed esc amount to build the trail along Pleasant Run Road and was that a City of Colleyville Page 4 Planning and Zoning Commission Minutes May 13, 2013 sufficient? Ron Ruthven replied the City Engineer would have to make that determination based on his calculations. Commissioner Dudziak questioned Mr. Van de Voorde regarding the placement of fence along the southern border of the development. de Voorde replied there will be builder fences put in place along the southern border and would stop at the well site. Commissioner Byerly questioned staff regarding the requirement o masonry fence along the well site border. Ron Ruthven replied the masonry fence would be required because it would be more durable than a wood fence. He further explained the masonry fence would serve as a screen w more privacy from the well site activities. Commissioner Phelps questioned staff regarding the fence material requirements along the western edge of the well site to the western edge of the development. Ron Ruthven replied there would be no fence material requirements beyond the well site. Commissioner Phelps questioned staff regarding the proposed escr Ron Ruthven replied the amount proposed would need to be analyzed by staff. standard on the sidewalk escrow and did not understand why the C should deviate from those standards. Commissioner Byerly made a motion to approve case ZC13-001 with the recommendations per the draft ordinance and provided staff reconsider the parkland dedication fees before moving to City Coun in light of the 3.4 acre parkland dedication. Commissioner Davi seconded the motion. Discussion occurred amongst the Commission regarding what was being agreed to from the draft ordinance and what was not. Commissioner Dudziak offered a friendly amendment to ask that th developer continue the trail to the Pleasant Run Road trail. Commissioner Byerly and Commissioner Davis accepted the amendment. The motion to approve with the following conditions: 1.That staff public parkland before City Council consideration of this case. 2. Connect the internal trail that will traverse the open space in City of Colleyville Page 5 Planning and Zoning Commission Minutes May 13, 2013 development to the Pleasant Run Road trail shown in the Colleyvi Pathways Plan carried with the following vote: Aye: 7 - Knox, Dudziak, Wheelwright, Gotcher, Davis, Phelps, and Byerly Chairman Byerly recessed the meeting at 8:44 p.m. Chairman Byerly reconvened the meeting at 9:00 p.m. 3b Consideration for a Special Use Permit for a Package Store on Lo 1 of the Andy Felps Addition located at 3919 Colleyville Boulevard, Suite A, Case ZC13-003 Darren Cain presented the case and briefed the Commission. Commissioner Gotcher questioned staff regarding whether the park be an issue for the subject property, regardless of the type of Darren Cain replied correct. Commissioner Dudziak questioned staff regarding the crime recomm not being included in the attachments. Darren Cain replied it w if the case goes to City Council. The public hearing was opened at 9:06 p.m. Amin Chagani, the applicant, came forward and briefed the Commission. Henry Chen, on behalf of Henry S. Miller, came forward and brief Commission. Alex Lilley, the property manager, came forward and briefed the Commissioner Dudziak questioned Mr. Lilley regarding the possibility of adding more windows to the front of the building to allow police Lilley replied it has not been brought up and would need to look into adding windows before committing to do so. There being no one else wishing to speak, the public hearing was closed at 9:22 p.m. Commissioner Knox stated he did not feel there was enough suffic evidence to approve this case. Commissioner Davis agreed with Commissioner Knox. Commissioner Byerly questioned staff regarding whether the shared parking City of Colleyville Page 6 Planning and Zoning Commission Minutes May 13, 2013 agreement would allow for shared parking to be included in the p requirement totals. Ron Ruthven replied the Land Development Cod that any parking space within 300 feet of the property and any sat are not being used by the business of the property they are loca can then be included in the total. He further explained an analysis of this calculation has not been conducted. Ron Ruthven also stated there is a mutual access easement between the properties. Commissioner Gotcher questioned staff regarding if this case was reviewed by the Commission strictly because of the liquor store other types of businesses be treated the same. Ron Ruthven repl explained the sole purpose of this case is due to the package store request. He further explained most uses would be allowed with only a Cert Occupancy, with the exception of a use such as a restaurant. Commissioner Byerly questioned staff regarding the possibility of increasing the building design score by adding windows and other architectural features; and would the addition of landscaping be possible, at this locat losing more parking spaces? Ron Ruthven replied no. Discussion continued between Commissioner Byerly and staff regarding the building design score and landscaping. Commissioner Dudziak made a motion to deny case ZC13-003. Commissioner Davis seconded the motion. Commissioner Wheelwright stated he would be excited to see a new business in Colleyville but overall he felt the plan was lacking. Commissioner Byerly stated that he concurred with Commissioner Wheelwright. The motion to deny carried with the following vote: Aye: 7 - Knox, Dudziak, Wheelwright, Gotcher, Davis, Phelps, and Byerly 3c Consideration for a zoning change from R40-Single Family Residential to PUDC-Planned Unit Development Commercial on Lot 5, Block 3 of the Southgate Addition located at 3709 Wayne Drive; and approval of amendment to the PUDC-Planned Unit Development Commercial zoning and development requirements on Lots 1 and 2, Block 1 of the Covenan Academy Addition and Lot 1R of the Colleyville Presbyterian Chur located at 715 and 901 Cheek Sparger Road, Case ZC13-004 Ron Ruthven presented the case and briefed the Commission. City of Colleyville Page 7 Planning and Zoning Commission Minutes May 13, 2013 Commissioner Davis questioned staff regarding the usage of light the sports fields. Ron Ruthven replied there is existing langua lights not being used at night on the existing sports field. He further explained that in order to allow for light for the stadiums an a the site plan would need to be brought forward to the Planning a Commission. Commissioner Byerly questioned staff regarding the approval procs for the sports field lighting; would the applicant need to bring forward and open up the Special Use Permit as well?. Ron Ruthven replie He further explained the Planned Unit Development-Commercial will remain the same until an amendment is brought forward. Commissioner Dudziak questioned staff regarding if the Commission was being asked to approve the stadiums exclusively. Ron Ruthven re Commission is being asked to approve the stadiums, conceptually. Discussion continued between Commissioner Dudziak and Ron Ruthven regarding items being voted on. Commissioner Davis questioned staff regarding a written agreemen previous case, from Covenant Christian Academy that stated night events would not be occurring; therefore lighting would not be necessary. If the new case is approved, does this change the 2009 ordinance? Ruthven replied no, the Commission would be approving a conceptu plan for future development. Commissioner Byerly questioned staff regarding the possibility of a future Commission approving this same site plan but still not approving Ron Ruthven replied correct. Commissioner Gotcher questioned staff regarding whether the ligh being proposed is actually better than what currently exist, especially at the property lines. Ron Ruthven replied all that currently exist is lighting. He further explained has a lower foot candle rating a line versus what the ordinance reads for this property. Discussion continued between the Commission and Ron Ruthven rega field lighting. Commissioner Phelps questioned staff regarding exemption from tree mitigation when a structure is built. Ron Ruthven replied tree not apply in the building/structure footprint area but would apply in any othe area of the property. City of Colleyville Page 8 Planning and Zoning Commission Minutes May 13, 2013 Discussion continued between the Commission and Ron Ruthven rega the exemption of tree mitigation. Commissioner Phelps questioned staff regarding which facilities were being added and which facilities currently exist. Ron Ruthven replied site plan, a high school building has been removed. He further gymnasium and a baseball field with a parking garage beneath were being added. Commissioner Dudziak questioned staff regarding the amount of open spac that would be remaining after the proposed facilities were const Ruthven replied the open space percentage is 35 percent. Commissioner Dudziak further questioned Ron Ruthven regarding what was being considered open space. Ron Ruthven replied all landscape areas football field were considered open space. Commissioner Dudziak questioned staff regarding the open space b to the public. Ron Ruthven replied open space is not intended for the use of the public; open space is for the Planned Unit Development it is The public hearing was opened at 9:49 p.m. Keith Castello, on behalf of Covenant Christian Academy, came fo briefed the Commission. Commissioner Gotcher stated that he was impressed with the work Covenant Christian Academy had put into this project. Commissioner Phelps questioned Mr. Castello regarding the materi were listed on the lighting information sheet that was given to the Commission during pre-session and the lighting that was being described. Mr. Castello replied the information sheet contains the material that were being considered, without having discussed the lights neighbors. He further explained the lights that are now being considered have been discussed with the neighbors and were preferred by the Shannon Chatham, 4413 Bowman Drive, Colleyville, came forward and expressed she was in support of this proposal. Charlene Wells, 2251 King Fisher Drive, Westlake, came forward and expressed she was in support of this proposal. Stefanie Baker, 4710 Cranbrook Drive West, Colleyville, came for expressed she was in support of this proposal. City of Colleyville Page 9 Planning and Zoning Commission Minutes May 13, 2013 Chuck Cunningham, 6413 Remington Parkway, Colleyville, came forward and expressed he was in support of this proposal. Shannon Caraway, 1907 Caspian Lane, Colleyville, came forward an expressed he was in support of this proposal. Brooks Lynn, 2606 Wildcreek Trail, Keller, came forward and exprsed he was in support of this proposal. Commissioner Byerly stated there were 32 speaker cards from atte did not wish to speak but wished to record their support for the There being no one else wishing to speak, the public hearing wased at 10:39 p.m. Mr. Castello came forward to address comments. Commissioner Phelps questioned Mr. Castello regarding the possib of their athletes hitting balls out of the field from home plate called Covenant Christian Academy head coach, Rusty Beam, forward to answer the question. Mr. Beam stated while he wished the chances were high, it is not likely that a ball would be hit out of the field Commissioner Phelps questioned Mr. Beam regarding proposed netting around the baseball field. The project architect, Glen Griggs came forward and stated there would be netting and it was included in the ove the structure. He further explained the buffer between the base property line, and the neighborhood properties. Commissioner Gotcher questioned Mr. Griggs regarding the tree line along the property line preventing any stray balls from going over the fen neighboring properties. Mr. Griggs replied if a ball makes it over the fence and the netting, the trees are dense enough to stop it from goin Discussion occurred between Commissioner Dudziak and Mr. Castell project engineer regarding the lighting exhibit presented by Mr. Commissioner Dudziak stated that he believed there may not be a bleed from the light structure; however, there would at least be a ball of Commissioner Dudziak questioned Mr. Castello regarding plans on their hours. Mr. Castello replied they do not have issues with curfews being put in place. City of Colleyville Page 10 Planning and Zoning Commission Minutes May 13, 2013 Mr. Castello & Mr. Griggs presented a three-dimensional exhibit to explain the view from neighboring properties. Commissioner Phelps questioned Mr. Castello regarding the baseba seating. Mr. Castello replied the seating around the baseball field would seat 450 people. He further explained this is the most they would ne during a playoff game. Commissioner Phelps stated he commended Mr. Castello on his pres He further stated, historically, there has not been consistency and compliance on follow through with their organization and creates hesitancy Castello explained their comprehensive plan and the timeline the presented. Commissioner Dudziak questioned staff regarding the preliminary study of drainage for this property. Dale Crown replied the preliminary bones. He further stated a full drainage study will be done at platting or building permitting and a downstream analysis would required per the Land Development Code. Commissioner Dudziak questioned staff regarding the possibility parking garage flooding because it is below grade. Dale Crown r of the water would flow towards the detention pond in the centerf the property and some would flow towards the south, toward the City Commissioner Dudziak questioned staff regarding working with the Bedford on drainage. Ron Ruthven replied staff has worked with the City Bedford but he feels most issues will be resolved once Heritage Farms develops on the property to the east. Commissioner Dudziak questioned staff regarding a time frame of development of Heritage Farms. Ron Ruthven replied the develope Heritage Farms have told him they are still in design stages. Commissioner Dudziak stated it would be three (3) or four (4) years. Commissioner Phelps questioned staff regarding the effects downs drainage from the construction of the baseball facility versus a swath trees. Dale Crown replied it would have a positive impact on the drainage issues. Commissioner Knox questioned staff regarding being able to contr direction of drainage versus the drainage flowing in one directi currently is. Dale Crown replied on some level it would help. Commissioner Dudziak questioned staff regarding the football fie Ron Ruthven replied it will be natural grass. City of Colleyville Page 11 Planning and Zoning Commission Minutes May 13, 2013 Commissioner Dudziak questioned staff regarding having experienc lighting that was proposed. Dale Crown replied he did not have experience with the proposed lighting. Commissioner Dudziak stated he would like some feedback, from st proposed lighting. Commissioner Dudziak questioned staff regarding the removal of t allow for the football field additions. Ron Ruthven replied he has spoken to the Fire Marshal and he has approved the conceptual plan with re way the fire lanes are laid out. Commissioner Phelps questioned staff regarding the easement adja football field. Ron Ruthven replied currently there is a wall and ho planted in the 20 foot buffer. He further explained there would fire lane and a five (5) foot landscape buffer. Commissioner Knox stated the project was well thought out and would be an asset to the City of Colleyville. Commissioner Davis made a motion to approve case ZC13-004. Commissioner Knox seconded the motion. Discussion occurred amongst the Commission regarding whether or not they would be approving the lights. Commissioner Dudziak stated his concerns to the proposed develop Commissioner Wheelwright stated his support for the proposed dev Commissioner Gotcher stated his support for the proposed develop Commissioner Phelps stated his support for the proposed development. The motion to approve carried with the following vote: Aye: 6 - Knox, Wheelwright, Gotcher, Davis, Phelps, and Byerly Nay: 1 - Dudziak 3d Consideration for a Special Use Permit for on-premise consumption of alcoholic beverages on Lot 1R1, Block 1, of the Market Addition, l 5005 Colleyville Boulevard, Suite 240, Case ZC13-005 City of Colleyville Page 12 Planning and Zoning Commission Minutes May 13, 2013 Darren Cain presented the case and briefed the Commission. The public hearing was opened at 11:15 p.m. Didier Viriot, the applicant, came forward and briefed the Commission. Commissioner Dudziak questioned Mr. Viriot regarding if patrons would be allowed to bring in their own alcoholic beverages. Mr. Viriot replied no. There being no one else wishing to speak, the public hearing was closed at 11:16 p.m. Commissioner Davis questioned staff regarding whether or not a l had previously been obtained for this address. Darren Cain repl Commissioner Dudziak made a motion to approve case ZC13-005. Commissioner Wheelwright seconded the motion. The motion to approve carried with the following vote: Aye: 7 - Knox, Dudziak, Wheelwright, Gotcher, Davis, Phelps, and Byerly 4. ADJOURNMENT The meeting adjourned at 11:17 p.m. The minutes were written and prepared by: Taci Wrisley Planning and Zoning Assistant The meeting minutes were approved on June 10, 2013 by a vote of 6-0. City of Colleyville Page 13