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
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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
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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.
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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
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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
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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
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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.
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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.
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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.
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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.
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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.
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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
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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.
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