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HomeMy WebLinkAboutPlanning and Zoning Commission-Agenda Packets-11/25/2013 City of Colleyville City Hall Planning and Zoning 100 Main Street Colleyville, Texas 76034 Commission 817. 503.1000 www.colleyville.com Agenda Monday, November 25, 2013 City Council Chambers PRE COMMISSION MEETING 6:30 P.M. EXECUTIVE CONFERENCE ROOM THIRD FLOOR 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 CALL TO ORDER AND ROLL INVOCATION: Commissioner Phelps PLEDGE OF ALLEGIANCE 1. APPROVAL OF MINUTES November 11, 2013 2. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA AS A PUBLIC HEARING ITEM 3. PUBLIC HEARING AGENDA ITEMS 3a Request for an amendment to the Special Use Permit for a Package Store development requirements for Lot 2, Block 1, of the Glade Points Addition located at 4200 Glade Road, Case ZC13-018 City of Colleyville Page 1 Planning and Zoning Commission Agenda November 25, 2013 4. ADJOURNMENT I hereby certify this agenda was posted on City Hall bulletin boardsNovember 22, 2013 by 5:00 p.m. Taci Wrisley Planning and Zoning Assistant A quorum of the Colleyville City Council may be in attendance at Any matter on this agenda may, at the discretion of the governing body, be opened for public comment and discussion. If you plan to attend this public meeting and have a disability accommodations, please advise the City Secretary at least 48 hours in advance at 817.503.1133, and reasonable accommodations will be made to assist you. City of Colleyville Page 2 City of Colleyville City Hall Planning and Zoning 100 Main Street Colleyville, Texas 76034 Commission 817. 503.1000 www.colleyville.com Minutes Monday, November 11, 2013 City Council Chambers CALL MEETING TO ORDER The Planning and Zoning Commission meeting of the City of Colleyville was called to order by Chairman Byerly on November 11, 2013 at 7:00 p.m. Roll Call Present: Commissioners Larry Knox, Carel Tornes, David Wheelwright, Don Davis, David Phelps and Jeff Byerly Absent: Commissioner Jim Gotcher Staff Present: Ron Ruthven, Mary Elliott, Marty Wieder, Dan Hartman, Rob McKeown, and Matt Butler (City Attorney) 1. APPROVAL OF MINUTES Commissioner Davis made a motion to approve the minutes as amended. Commissioner Wheelwright seconded. The motion to approve the minutes as amended carried by the following vote: Aye: 6 Knox, Tornes, Wheelwright, Davis, Phelps, and Byerly 2. APPOINTMENT TO THE PARKLAND DEDICATION COMMITTEE Chairman Byerly made a motion to appoint Commissioner Tornes and Commissioner Wheelwright to the Parkland Dedication Committee. Commissioner Davis seconded. The motion to appoint Commissioner Tornes and Commissioner Wheelwright carried by the following vote: Aye: 6 Knox, Tornes, Wheelwright, Davis, Phelps, and Byerly 3. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA There were no citizen comments/presentations regarding items not agenda as a public hearing item. City of Colleyville Page 1 Planning and Zoning Commission Minutes November 11, 2013 4. REGULAR AGENDA ITEMS 4a Consideration of a waiver request to the sidewalk requirements on Lot 16, Block 3, of the Fairway Addition located at 6809 Curtis Road, Case GC13-020 Mary Elliott presented the case and briefed the Commission. The applicant was not present for questions from the Commission. Commissioner Tornes questioned staff regarding whether there hav been any waivers granted for other new homes on Curtis Road. Ro Ruthven replied there have been no other sidewalk waiver request on Curtis Road. Chairman Byerly questioned staff regarding how many new homes were proposed in the new subdivisions to the North of Curtis Road. Ron Ruthven replied 177 new lots in the Reserve at Colleyville and 60 new lots in Somerset Manor. Commissioner Byerly added that children from these new homes would most likely attend Liberty Elementary to the South of Curtis Road. Ron Ruthven replied cor Chairman Byerly made a motion to deny Case GC13-020. Commissioner Davis asked Commissioner Byerly if he would allow f a friendly amendment to allow the applicant to escrow the sidewalk. Commissioner Byerly replied no, he would rather the sidewalk be built. Commissioner Wheelwright questioned staff regarding where the proposed trail along Murphy Road would end. Ron Ruthven replied he believed the trail would extend from where it ends now, on the North side of Murphy Road between Herbert Road and Curtis Road, and extend to the property line of the proposed Somerset Manor subdivision. He further added in the future the trail could pos extend to Precinct Line Road. Commissioner Knox seconded the motion to deny Case GC13- 020. Commissioner Phelps stated he supported the motion. He further added the option to escrow is usually given when there are environmental hardships and he did not feel that this was the case regarding this property. The motion to deny Case GC13-020 carried by the following vote: City of Colleyville Page 2 Planning and Zoning Commission Minutes November 11, 2013 Aye: 6 Knox, Tornes, Wheelwright, Davis, Phelps, and Byerly 5. PUBLIC HEARING AGENDA ITEMS 5a Request for a Special Use Permit for a carport on Lot 14, Block 7, of the Oak Crest Hill Addition located at 313 Oak Crest Hill Drive, ZC13-016 Mary Elliott presented the case and briefed the Commission. Commissioner Wheelwright questioned staff regarding whether the proposed carport met all of the requirements, minus the decorative brick, stone, or metal columns. Ron Ruthven replied correct. Commissioner Tornes questioned staff regarding whether there is fenced gate in the front; and would the proposed structure be vi from the street? Mary Elliott replied there is a privacy fence and you would probably not be able to see the proposed carport from the street. The public hearing was opened at 7:12 p.m. Leslie Norman, the property owner and applicant, came forward an briefed the Commission. There being no one else wishing to speak, the public hearing was closed at 7:13 p.m. Commissioner Wheelwright made a motion to approve Case ZC13- 016 with the condition that the recommended conditions and the masonry column requirements be waived. Commissioner Tornes seconded. The motion to approve Case ZC13-016 with the condition that the recommended conditions and the masonry column requirements be waived carried by the following vote: Aye: 6 Knox, Tornes, Wheelwright, Davis, Phelps, and Byerly 5b Request for a replat on 7.99 acres located on Lots 3 and 4, Block 1 and Lots 1-6, Block 2, of the Southgate Addition and 10.44 acres in the Allen Christian Survey and in the L.L. McLain Survey located between 3916 Wayne Drive and 3707 Bedford Court, Case PC13-017 City of Colleyville Page 3 Planning and Zoning Commission Minutes November 11, 2013 Ron Ruthven presented the case and briefed the Commission. Commissioner Phelps questioned staff regarding whether the construction of the round-about at Cheek-Sparger Road and Bedford Court was being coordinated with this development. Ron Ruthven replied a traffic impact analysis was approved along with the zo case and was subsequently amended to address concerns brought up during the rezoning of the property. Commissioner Tornes questioned staff regarding whether the primary entrance for the facility was off of Bedford Court. Ron Ruthven replied correct. He further added there will be a second point off of Wayne Drive as well. The public hearing was opened at 7:18 p.m. Randy Johnson, the applicant, came forward and briefed the Commission. Commissioner Tornes questioned Mr. Johnson regarding when he anticipated the round-about at Cheek-Sparger Road and Bedford Court to be completed. Mr. Johnson replied within the first half of 2014. There being no one else wishing to speak, the public hearing was closed at 7:21 p.m. Commissioner Phelps made a motion to approve Case PC13- 017. Commissioner Davis seconded. The motion to approve Case PC13-017 carried by the following vote: Aye: 6 Knox, Tornes, Wheelwright, Davis, Phelps, and Byerly 5c Consideration for a zoning change from AG-Agricultural to PUD-R- Planned Unit Development Residential on 4.4 acres located in the Jesse Doss Survey at the Northwest corner of Cheek-Sparger Road and Heritage Avenue; and approval of an amendment to the PUD-R- Planned Unit Development Residential zoning and development requirements on 108.5 acres out of the Elizabeth Cox Survey, Joh Havens Survey and the Jesse Doss Survey located in the 4900 bloc of Heritage Avenue, Case ZC13-017 Ron Ruthven presented the case and briefed the Commission. City of Colleyville Page 4 Planning and Zoning Commission Minutes November 11, 2013 Commissioner Phelps questioned staff regarding the location of t language that stated to remove the requirement of construction for two lanes on Heritage Avenue and proceed through a separate instrument. Ron Ruthven replied the language is under Section 5.2b of the proposed ordinance. Chairman Byerly questioned staff regarding whether the property that was acquired from the City of Euless the commercial area of the PUD- R. Ron Ruthven replied correct. Commissioner Tornes questioned staff regarding the difference in the exhibits presented to the Commission. Ron Ruthven explained the difference was due to the acquisition of land to square off the northwest corner of Heritage Avenue and Cheek-Sparger Road. He further explained one (1) of the exhibits was from 2007 and is s different. Discussion continued between Commissioner Tornes and Ron Ruthven regarding the Southeast corner of the property. The public hearing was opened at 7:30 p.m. Curtis Young, on behalf of the applicant, came forward and brief the Commission. Bret Pedigo, the applicant, came forward and briefed the Commiss Commissioner Tornes questioned Mr. Pedigo regarding whether he was requesting for there to be no sidewalks required along the open space titled Lot 7, Block 2. Mr. Pedigo replied yes. Commissioner Wheelwright questioned Mr. Pedigo regarding the building materials that would be used for the adjacent property the open space titled Lot 7, Block 2. Mr. Pedigo replied there is an existing barbed wire fence that would remain in place. Discussion continued between Commissioner Wheelwright, Mr. Pedigo, and Mr. Young regarding potential fence materials. Commissioner Phelps questioned Mr. Young regarding where the entrance for the commercial lot would be located. Mr. Young rep the commercial lot would gain access from the subdivision entrance and there would be a recessed gate for the residents to access the subdivision. Mr. Young further added they could also have access from Heritage Avenue but the building would still front on Cheek- City of Colleyville Page 5 Planning and Zoning Commission Minutes November 11, 2013 Sparger Road. Commissioner Phelps questioned Mr. Young regarding the types of commercial uses they were anticipating. Mr. Young replied inlin offices and/or services. Discussion continued between Commissioner Phelps and Mr. Young regarding uses and parking. Commissioner Wheelwright questioned Mr. Young regarding the sidewalk along the open space Lot 7, Block 2 and he did not thin conceptual plan indicated a sidewalk in that specific location. Mr. Young replied correct, they just wanted to ask that a sidewalk n required in that location to allow privacy for the neighbors to West. Blanche Ziegler, 3410 Langley Hill Lane, came forward with her questions and concerns. Gary Malone, 4605 & 4609 Winewood Court, came forward to speak in support of this development. There being no one else wishing to speak, the public hearing was closed at 7:55 p.m. Mr. Pedigo came forward to address comments and concerns. Commissioner Wheelwright questioned staff regarding whether a fa food restaurant would be able to locate on the property zoned fo commercial as it is today. Ron Ruthven replied the original zon case states that any sales tax generating business or professional offices are allowed. He further stated any uses allowed in CC-1 Village Retail, CC-2 Shopping Center, or CN Neighborhood Commercial were also allowed. Commissioner Wheelwright questioned Marty Wieder, the economic development director regarding his knowledge of any commercial businesses interested in this location. Marty Wieder replied he anticipates inline retail/service type businesses. He further s that he has not been approached by anyone looking to locate any type of quick serve food. Commissioner Tornes questioned staff regarding whether a convenience store would be allowed in this location. Ron Ruthve replied a standalone convenience store would be allowed in this City of Colleyville Page 6 Planning and Zoning Commission Minutes November 11, 2013 location. He further explained that gasoline sales or any type of alcoholic beverage sales would be required to be approved throug Special Use Permit by the Planning and Zoning Commission and the City Council. Commissioner Phelps questioned staff regarding the allowance of from three (3) different zoning classifications. Ron Ruthven replied past zoning cases were mainly directed at the commercial propert the northern end of the property; and the intent was to allow fo wide range of uses provided they are sales tax generating. He f explained because the newly acquired land was not part of the original zoning case there has not been much discussion on this section of the property. Commissioner Phelps questioned staff regarding whether it was possible to include language to require a Special Use Permit for any of the uses allowed by the ordinance. Ron Ruthven replied he did n recommend requiring a Special Use Permit for a use that is alrea codified in the Land Development Code. He further explained he would suggest that in lieu of this scenario, the Planning and Zoning Commission recommend to the City Council that a detailed site plan be required prior to any type of development on the commercial s Chairman Byerly questioned staff regarding the whether the increase in the commercial area was addressed in the ordinance or does it need to be changed? Ron Ruthven replied he recommends making the changes as part of a motion. Chairman Byerly questioned staff regarding whether there was a requirement for a sidewalk along the open space titled Lot 7, Block 2; Ron Ruthven replied there would be a sidewalk required along bot sides of the street and he prefers language be added to the ordi to grant the waiver. Chairman Byerly questioned Mr. Pedigo and Mr. Young regarding whether they were asking for the commercial area to be 1.8 acres 3.72 acres. Mr. Young replied the size they were requesting for commercial area is actually 1.91 acres. Chairman Byerly questioned Mr. Pedigo regarding the depth of the commercial lot on the original versus the depth of the proposed commercial lot. Mr. Pedigo replied the original is about 500feet and approximately double from what they are proposing. City of Colleyville Page 7 Planning and Zoning Commission Minutes November 11, 2013 Discussion continued between the Commission, Mr. Young, and Mr. Pedigo regarding the commercial lot and which street the busines should front. Chairman Byerly questioned staff regarding whether staff was oka with what the applicant was proposing with regards to the commercial lot size. Ron Ruthven replied staff is recommending the larger size for the commercial lot. Discussion continued between staff and the Commission regarding Commissioner Tornes stated from his submittal with the commercial lot fronting Cheek-Sparger Road was more mar more room for development along Cheek-Sparger Road. Chairman Byerly questioned staff regarding the entrance of this development lining up with the entrance to the development to th South, in Bedford. Ron Ruthven replied from a transportation planning point of view the furthest you can get from an intersection is most preferred. Discussion continued between staff, the Commission, and the applicants regarding the possibilities for the entrance location Commissioner Davis questioned Mr. Young regarding whether they had considered moving their main entrance to Heritage Avenue versus having it on Cheek-Sparger Road. Mr. Young replied they feel it is important to have an entrance on Cheek-Sparger Road. Commissioner Phelps stated he would be concerned with moving the entrance further west due to the roadway being on a hill and there being blind spots. Discussion continued between the Commission and the applicants regarding lining up intersections. Commissioner Byerly questioned Marty Wieder regarding whether staff felt the lot depth was deluxe. Marty Wieder replied yes, and they had mentioned this to the applicants. Commissioner Knox made a motion to approve Case ZC13-017 with the following conditions: 1) approve with the conditions City of Colleyville Page 8 Planning and Zoning Commission Minutes November 11, 2013 in the proposed ordinance 2) a sidewalk waiver be granted on Lot 7, Block 2 shown as open space and 3) reduce the commercial lot on the Southeast side of the property to 1.91 acres. Commissioner Davis seconded. Commissioner Phelps stated he would like to add a conditionto require a detailed site plan prior to any commercial development. Commissioner Knox and Commissioner Davis accepted the amendment. The motion to approve Case ZC13-017 with the following conditions: 1) approve with the conditions in the proposed ordinance 2) a sidewalk waiver be granted on Lot 7, Block 2 shown as open space 3) reduce the commercial lot on the Southeast side of the property to 1.91 acres and 4) prior to any development on the commercial lot, a detailed site plan must be approved carried with the following vote: Aye: 6 Knox, Tornes, Wheelwright, Davis, Phelps, and Byerly 6. ADJOURNMENT The meeting was adjourned at 8:23 p.m. The minutes were written and prepared by: Taci Wrisley Planning and Zoning Assistant The meeting minutes were approved on November 25, 2013 by a vote of ______. City of Colleyville Page 9 SH 121 Heritage Avenue Notification List Owner NameOwner AddressOwner CityOwner StateOwner ZipSitus Address Abs Tx Investor Lp250 E Parkcenter BlvdBoise Idaho837264000 Glade Rd G Points Sc Ltd,101 1St St Ste 476Los Altos California940223930 Glade Rd Scc Colleyville Partners Ltd301 Congress Ave Ste 1550Austin Texas787015000 State Hwy 121 Bradford Commercial Properties3209 Walker PlGrapevine Texas760515100 State Hwy 121 Keller ISD350 Keller ParkwayKellerTexas76248Courtesy Notice Grapevine-Colleyville ISD3051 Ira E. Woods AvenueGrapevineTexas76051Courtesy Notice Hurst Euless Bedford ISD1501 Central DriveBedford Texas76022Courtesy Notice Hall, Charlie W Etux Helen F4200 Glade RdColleyville TxTexas76034Applicant Public hearing notices were mailed Fri., Nov. 15, 2013 by Taci Wrisley SH 121 Existing Sign Exhibit Proposed Sign Exhibit Proposed Sign 3Ó x 9Ó ORDINANCE O-13-1901 AN ORDINANCE AMENDING ORDINANCE O-10-1762CONDITIONS; PROVIDING FOR THE VIOLATION OF THIS ORDINANCE; 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 Council approved Ordinance O-10-1762 on August 17, 2010, authorizing a package store on Lot 2, Block 1 of the Glade Points Addition under zoning case ZC10-011; and WHEREAS, the applicant has requested an amendment to Ordinance O-10- 1762; 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 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, wi view to conserving the value of buildings and encouraging the most appropriate use of land throughout the City; and Ordinance O-13-1901 Page 2of 4 WHEREAS,the Planning and Zoning Commission of the City of Colleyville and the City of Colleyville City Council, in compliance with the Charter of theCity 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 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 amending Ordinance O-10-1762. Sec. 3.THAT the Official Zoning Map of the City of Colleyville be amended to incorporate the zoning change approved herein. Sec. 4.THAT the above described tract of land shall be subject to the following conditions: 1. GENERAL a. The following amendments to Ordinance O-10-1762 are hereby authorized: (1)Section 4(1)i(2) is hereby amended to read as follows: the package store authorized by Ordinance O-10-1762 may advertise on the existing freeway pole sign on the subject property provided the total sign area advertising the package store shall not exceed 27 square feet on each side of the sign. Ordinance O-13-1901 Page 3of 4 Sec. 5. 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. 6. THAT any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the rovided for in the Comprehensive Zoning same penalty as p 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. 7. 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. 8. 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. Sec. 9. 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. Sec. 10.THAT Ordinance O-10-1762 shall remain in full force and effect, except where amended by this ordinance. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the 3rd day of December 2013. th The second reading and public hearing being conducted on the 17day of December 2013. Ordinance O-13-1901 Page 4of 4 PASSED AND APPROVED by the City Council of the City of Colleyvil on this the ________ day of _________________________ 2013. ATTEST:CITY OF COLLEYVILLE Amy Shelley, TRMC David Kelly City Secretary Mayor APPROVED AS TO FORM AND LEGALITY: Matthew C. G. Boyle City Attorney