HomeMy WebLinkAboutP&Z Minutes 03-06-06
PLANNING AND ZONING COMMISSION
MINUTES
March 6, 2006
The Planning and Zoning Commission of the City of University Park met on Monday, March 6,
2006 at 5:00 P.M. in the Council Chamber of City Hall, 3800 University Blvd. University Park,
Texas. The following are minutes of that meeting.
Commission Members Attending
Staff Members Attending
Robert West - Chairman
Doug Roach
H. Reed Shawver III
Bill Foose
Randy Biddle
Ed Freeman
Bea Humann
Harry Persaud - Community Development Mgr.
Jennifer Deaver - Administrative Assistant
Rob Dillard - City Attorney
John Gillette - Fire Marshall
Bud Smallwood- Public Works Director
Bob Whaling- City Engineer
Mr. West opened the public hearing and introduced the commission and staff members. He then read the
specifics of the first case.
PZ 06-001 - F & S Partners Inc., representing Preston Road Church of Christ, requesting a
zoning change from MF -2 to PD-28 zoning district classification for a tract ofland situated on the
South West Comer of University Blvd and Preston Road, and described as lots 2,3 and 4 located
in the Rhea Miller's Subdivision, in the City of University Park; and consideration of a detailed
site plan for the amended PD-28 zoning district. The subject tract is zoned PD-28 and MF-2 and
owned by the Preston Road Church of Christ. A public hearing was held on February 20, 2006
and this item was tabled for further consideration on March 6, 2006.
Mr. Persaud gave a brief presentation via power point showing zoning for the proposed project.
He then introduced Mr. Bob Shaw.
Mr. Bob Shaw, representing Preston Road Church of Christ, came forward to present the board
with a power point slide of the proposed plan. The duplex owned by the church will remain in
place to serve as a buffer. The wall at the northeast comer has been modified by raising height
from 5ft to 7ft, constructed of masonry and moved back to provide room for heavy landscaping
and a gate added to prevent traffic from cutting through the neighborhood. At the southwest
comer, abutting to the neighboring property a parking space was eliminated. Now there are
currently 84 parking spaces available.
Mr. West closed the public hearing, he then read a letter received from Bryan Egan, primarily
addressing concerns of construction hindrances, Mr. West then inquired of Mr. Egan if the
modified plan appeared to be satisfactory to his grievances.
Mr. Egan expressed concerns of traffic flow during construction and light pollution from the lot.
Mr. Shaw stated that the construction workers could be bussed in if need be and that timed
lighting fixtures would be added to IS-20ft of the north island.
Mr. Roach requested to see the conceptual drawing of the proposed project, when displayed he
inquired if anyone had any grounds for denying the proposed project.
A discussion ensued with some audience members regarding the heat and sound to the
neighboring properties.
Mr. Roach inquired if the gate could be covered or screened.
Mr. Shaw stated yes.
Mr. Biddle made a motion to approve the proposed project with reasonable efforts to screen the
gate for lighting purposes. In addition Mr. Foose stated that applicants must also meet conditions
of lighting from the lot spilling over into the neighboring properties. With a second from Mr.
Shawver the motion was approved unanimously 7-0.
Mr. West then read the specifics of the next case.
PZ 06-004 - Winstead, Sechrest & Minick, representing Legacy Hillcrest Investments, LP,
requesting a zoning change from Multi family (MF-2), Parking (P) and Office (0-2) zoning
district classification to Planned Development (PD -32), for a tract of land situated between
Daniel and Haynie Ave and West of Hillcrest Ave., and described as lots 5 thru 12 , Block 3,
University Park Addition, City of University Park. The subject tract is zoned Multi family 2
(MF-2), P and Office District 2 (0-2) and owned by Legacy Hillcrest Investments, LP.
Mr. Persaud briefed the commission on the history ofPZ 06-004. Slides were viewed via a power
point presentation on zoning requirements. He showed the property site, property lines, plat area,
and existing alley way outlining the details of the proposed height changes. He stated that the
thirty thousand (30,000) square ft. ofland was included iri the Office District 2 (0-2). He then
stated the number of responses to the legal notification were opposing 263, and favoring 267
totaling 530, noting that some data is still being researched. He stated that more than 20 percent
of the correspondence within the 200 ft. buffer was in opposition of the zoning change, requiring
three quarters of council approval.
Mr. Art Anderson representing Legacy Hillcrest Investments, LP came forward. He first
confirmed the amount of time allotted for representing his case. 45 minutes was confirmed and
Mr. Anderson continued with his power point presentation. A slide of the conceptual plan was
shown as well as the detailed site plan. He stated that the existing building is actually three
different structures renovated as one. He clarified rumors circulating suggesting that the structure
would be demolished. He stated that the building would not be tom down and that the architect
that designed the new plans has come back with a more appropriate design than that of the 2001
plans drawn by Doug Compton. He then introduced Craig Meldy, architect.
Craig Melde, architect representing Legacy Hillcrest, LP, and resident I owner of 3415
University, came forward. He stated that he lives one block from existing site. He opposed the
project in 2001 because he felt the plans were not conducive to the area. He then said the site is
very unique and in Snider Plaza which most would consider the town center. He has had eight
meetings with neighbors and three meetings with Snider Plaza merchants and owners to go over
the redesigned, more appropriate plan. He illustrated a central opened area at the front entry of the
building and explained that parking would not be a dilemma if merchants would consider publicly
funded parking. A public library and parking garage would be at grade level of the building, a
landscaped pedestrian area with restaurant and retail spaces, and the building would serve as a
visual terminus for Snider plaza. The proposed plan will allow 4-8 luxury town homes (Minimum
250 linear feet fronting Haynie), no vehicular entrance or exit to Haynie from site. The bank drive
thru has been relocated from the office building to Daniel. The office building has been stepped
back providing similar sightlines as existing site. The above grade square footage has been
reduced to 250,000 sq. ft. versus 271,000 sq. ft. The plan was coordinated with the Snider Plaza
master plan and there are landscaping zones fronting Daniel, Hillcrest and Haynie. Bank Drive
thru lanes no longer located on the corner of Hillcrest but enter / exit on Daniel. Underground
parking will contain the number of spaces determined by U.L.I. methodology and there is an
option for publicly funded parking. Structure will be five stories in height with two additional
floors set back, totaling seven stories. Town home heights will be 25' maximum set back line and
stepped back to minimum of 10', allowing 35' maximum. He stated there would be no great
changes to thru traffic.
Mr. Anderson reviewed the traffic study preformed by Mr. Jeremy Windham of Jacobs and
Associates, representing Legacy Hillcrest, LP. He assessed the trip generation comparison
concluding that with existing conditions were at 3,123, build out existing zoning was at 5,688,
and with the proposed plan would be at 7,689. (See traffic study attached)
Mr. Bruce Foverty, resident / owner of 3533 Rosedale, introduced himself stated his consent of a
much needed public library for the community. He added the plan is unique but he would oppose
if traffic issues were not addressed.
Mr. Doug Smith, resident / owner of 6829 Golf, came forward. He stated that it was a reasonable
scope, stated the library would be significant, locally accessed and has potential for parking
resolutions.
John Bunt resident / owner of 3036 Wentwood introduced himself and avowed his support of
the proposed project. He stated that this inner city tract would increase property value and
enhance the area. He agreed that parking improvements were necessary primarily the flow from
Haynie but the overall development is beneficial to the community.
Frank Bullock, owner / resident of 3620 Bryn Mawr, came forward. He stated that he frequently
uses Snider Plaza for his family. He is in favor of this project and suggested that merchants and
employees use parking garage and be ticketed for not doing so, adding that this may provide more
parking for patrons.
Mike Johnson, resident / owner of3615 Rosedale came forward. He stated that he was in favor of
the proposed project and declared that those in opposition should not buy into the scare tactics,
and that change cannot be stopped. He concurs that the scaled down version works.
Hank Williams, resident / owner of 3012 southwestern, came forward in support of the proposed
project and stated that Ann Lowe, daughter of Harriet Lowe works for the University Park
Library, he then asked her to stand. He then stated that this plan is a must have for the
community.
Don Houseman, resident / owner of 3708 Caruth and former mayor came forward in support. He
illustrated the importance of a public library and renovation of this unsightly building. He said
that Joe Williams surveyed the residents of University Park and told him to find land for a library.
He then said that he would turn this project if it did not include a library.
John Jackson, resident / owner of 3425 Colgate, where he also offices, came forward in support.
He stated that improvements are greatly needed and that the proposed plans were very well done.
He then stated that the Legacy team is composed of community members with goals of
preservation. He agreed that this plan will increase taxes, and that businesses in Snider Plaza
support our schools. He added that additional parking was vital and urged the commission to
approve with conditions.
Mr. Dan Baierd, owner / resident of 6408 Williams Pkwy, came forward in support of this plan
He stated that no one likes change and suggested that the voters had two alternatives. Do nothing,
or accept an excellent plan that is not final and look beyond inconveniences at the benefits for the
community.
Mr. Karl Kuby, owner of Kuby's Sausage at 6601 Snider Plaza, came forward. He stated that he
is 98% in support of the proposed project. He stated that when the original bank structure was
constructed some years ago, there was a tremendous drop in business, construction was dreadful
and he experienced a drop in revenue on Saturdays. A solution was made by stopping
construction after 12:00 noon on Saturdays and all was well. He then urged the commission to
approve the plan.
Jack Gosnell, resident / owner of 3530 Haynie, real estate 'broker with Leslie Real Estate, stated
that he is in favor of the proposed project and likes to frequently visit Snider Plaza and loves the
neighborhood. He feels the plan is feasible for the current zoning, and that the developer has
pushed the envelope for this project. He then urged the commission to approve this plan.
John Walsh, resident / owner of 3929 University Blvd., came forward in favor of the proposed
project. He stated that he commonly visited Snider Plaza as an outsider and is now a part of the
community. He stated that it is a wonderful community for children. He feels that this developer
is committed to the community and has put into place a dream and a vision and in six months the
project will be answering needs for all. He then suggested that the area would soon be a walking
place with underground parking and the talk of publicly funded parking. He stated that the
proposed project was inclusive of phenomenal improvements to public streets, and incredible
increases in property taxes and a place for American communities to gather. He then urged the
commission to approve the plan.
Mr. West then called for opposing parties to address following a five minute recess.
Wayne Johnson, resident / owner of 3601 Haynie, came forward to oppose the proposed project
stating that he spear heads the block parties for his neighborhood and that his neighborhood
supports the idea of a public library but opposes the plan for a 306,000 sq. ft. project. He stated
the proposal consists of the same issues as that of the 2001 proposal. He would approve if project
was significantly smaller and in scale with University Park neighborhood in density, height and
traffic. He then addressed concerns of flooding, traffic flow to neighborhood streets and safety of
children crossing streets to access the facility. He stated that his neighborhood should not have to
pay for the developer's overbuilt property and then urged the commission to deny the proposed
project.
Elizabeth Crowe, of Deshazo, Tang, Associates, 400 S. Houston St. Dallas, TX, came forward in
response to the traffic study preformed and briefed the commission on conflicting results. Her
findings determine that traffic on Daniel is a great concern and the daily trip generation was
greater than that of the study completed by Jacobs. (See traffic study attached) She stated that she
was not able to obtain schematics or data on analysis until after 5:00 pm on Friday. She stated
that the residential parking should not have to be shared with retail parking, that the parking
demand had been underestimated and that even with recent improvements of intersections at
Daniel and Hillcrest there will be delay of flow because of traffic diversions through
neighborhood streets.
Mr. Steve Dawson, owner of Park Cities Apartments and resident / owner of 3444 Haynie, came
forward opposing the proposed project stating that Chase Bank is 200 ft from his property. He
came before the commission to file for a zoning change and was denied. Upon his returned he
was denied for no evidence to reverse the ruling. He stated that the developer also has no
evidence of a reverse ruling and they, too, should be denied. He then urged the commission to
deny the proposed project until the developer gets the message.
Bonnie Wheeler resident / owner of 3425 University, came forward in opposition to the proposed
project stating that the plan was too big despite the developer calls this architect the best in
Dallas. She stated that though she would love to vote for a library her vote is in favor of
community value less traffic and a smaller scaled building. She then stated that if the site was
nearer to The Toll way it would be in scale, she then urged the commission to deny the request.
Diane West resident / owner of 6878 Westminster came forward to oppose the plans. She stated
that she has nearly hit a child three times due to cars being lined up near J.D.'s Chippery. She
then stated that there has been no mention as of yet regarding proper accessibility for fire
department entrance.
Karra Guess, resident / owner of 3521 Haynie, came forward stating that her children attend the
University Park schools among 662 other students and her primary concerns were that of students
utilizing the cross walk at Lovers and Dickens. Although the intersection is lighted it still proves
unsafe as two children have nearly been struck by vehicles. She then stated that she no longer
allows her children to walk to school. She will not approve this extremely massive size plan
unless traffic flow is better addressed.
Matt Dickson, resident / owner of 3448 Rosedale, came forward to speak in opposition of the
proposed project, stating that there were two reasons he would not approve this plan, that being
safety and security. As a landlord he works with other landlords with changes in the community
and he expressed concerns of traffic flow from Daniel to Lovers Ln. and Dickens to Snider Plaza.
He then stated that he will not approve the changes in question unless the traffic flow is
addressed. He then noted that at 3446 Rosedale a Zoning application was denied for an inset to a
garage and the reason was because the applicant had to work within the boundaries of zoning. He
stated that the developer should have to abide by the same rules, he then urged the commission to
reject with moratorium and in closing his refutation he added that if this plan was not inclusive of
a library there would not be as many residents in favor of the proposed changes.
Mr. Rick Tubb resident / owner of 7439 Marquette, came forward in opposition to the proposed
plan. He stated that he will accept change in the neighborhood and accepts plans of a public
library and the notion of profit, but not at expense of the community. He then asked all of those
opposing the proposed project to stand.
Mr. Jim Tubb resident / owner of 3417 Haynie, came forward. He recalled Mr. Anderson's
statement that 7,689 will generate in Snider Plaza and that in 8 hours a day (28,800 seconds)
would mean one would have only 3 seconds to cross the street.
Roger Fullington property owner in Snider Plaza came forward. He stated that if the proposed
project was approved that there is a stipulation to 100-150 spaces and that the immense amount of
traffic on Daniel would be addressed. He stated that traffic dumping on to Haynie paralyzes
revenue. He then suggested that if no restaurant spaces were part of this plan the parking would
not be as large an issue. He concluded recommending that the commission consider the damage
being absorbed by Snider Plaza merchants as well as neighbors.
Anita Baylor was called to speak but declined stating she had no rebuttal different from what had
already been stated.
Mr. Larry Newman, resident / owner of 3529 Haynie, came forward stating that he is in
opposition to the proposed project as the developer has made a massive plan and he questioned
the benefits of its magnitude. He then stated that as a resident of University Park we could do
better that other cities approve plans that are attractive and in scale. He advised the commission to
wait until a master plan of Snider Plaza was completed.
Mr. Art Anderson inquired ifhe could again address some issues and Mr. West said yes.
He presented the slide of the conceptual plan stating that existing plan does not address the needs
of the community and what a challenge he faced with the building fronting three streets. He then
stated that Mr. Dennis Wilson complimented the plan with restaurants and office spaces. Library
entrance would be on Haynie and would help some of the flow of traffic he added that he hopes
to have more input from residents and the council to draft a plan that will work for all.
Mr. West closed the public hearing.
Mr. Danny Cummings of C&P Engineering came forward. He stated that the site with proposed
improvements would allow for no wiggle room meaning he used an average. He stated that if the
developer comes in with a less intense plan he would be able to average the numbers.
Mr. Roach inquired if vehicles turned east from garage how long would it take.
Mr. Cummings stated 1-2 minutes.
Mr. Biddle inquired if the office and hotel space would generate more traffic.
Mr. Cummings stated that hotel/office traffic would peek in the mornings.
Mr. Shawver inquired if the traffic dumping onto Daniel was the best way.
Mr. Cummings stated that it would be better on Haynie but community and merchants are already
experiencing excessive amounts.
Mr. Roach inquired ifthere were wiggle room how much ofa reduction would there be.
Mr. Cummings stated approximately 10-25%.
Mr. Foose inquired if there were plans for a three way traffic sign and if the traffic would likely
turn left.
Mr. Cummings stated yes, traffic would likely turn left with pedestrian traffic and a three way
traffic sign was definitely needed.
Mr. West asked to see the land use statement. He then inquired of the possibility of the two
properties behind the site would sell to the developer.
Mr. Anderson agreed this would increase the linear footage.
Mr. West inquired if the list of uses for 0-2 zoning were multi family and hotel.
Mr. Anderson stated uses would be Multi Family (MF-2), Hotel as well as the possibility of
ground floor retail.
Mr. West stated that struggling with the height and inquired if there could be a compromise
somewhere to put the plan more to scale.
Mr. Melde stated that the 2001 plan proposed nine stories where the current plan includes five
stories with two set back.
Mr. West stated that was seven stories, he then called for a five minute recess.
Mr. West continued stating that he has addressed his concerns of traffic, square footage and
height but inquired of the occupancy level if built as proposed.
Mr. Medle stated that he did not have that calculation.
Mr. Biddle stated that Mr. West had addressed concerns of these retail spaces being leased but
inquired if Legacy Hillcrest, L.P. sells, what likely comes about of the library needs to be
considered. He then inquired how many parking spaces were available.
Mr. Medle stated 729 spaces at the time of the detailed plan but the sq. ft. has now been reduced.
Mr. Roach inquired why Mr. Medley opposed the plan in 2001 as it was too big but is in favor
now.
Mr. Medle stated that was because of its unique design and the two floors that are submerged in
the ground and he likes the opened spaces.
Mr. Biddle stated that the setback floors look nice but inquired how much space would be lost if
that was done on the side of Daniel.
Mr. Craig stated his plan was designed this way so the side facing Snider Plaza would not look
like a blank wall.
Mr. Biddle inquired how many stories the existing site had.
Mr. Craig stated there were five; he wanted to keep the same look in height as existing site.
Mr. Foose inquired if there was a public sidewalk and if there was a way to walk through the
building.
Mr. Medle stated no.
Mr. Foose inquired if the 150 spaces included Snider Plaza.
Mr. Medle stated no, the equation came from the V.L.I. methodology.
Mr. Foose inquired if Lovers Ln. and Dickens become too congested is there another way
occupants can enter / exit.
Mr. Craig stated yes and that would be provided with the changes resulting from this meeting.
Mr. West stated that street traffic around the building had been addressed but inquired if the
larger businesses would bring more traffic from outside of the city.
Mr. Cummings stated that was a fair assumption, approximating 10-20% from outside.
Mr. Shawver inquired of the best way to handle a crowd of nine thousand cars per day, as stated
in Elizabeth Crowe's trip generation comparison.
Mr. Cummings stated that entrances and exits would be at Daniel where as Hillcrest was a front
door and may not be anymore.
Mr. Shawver inquired of the possibility of providing an extra lane or making eleven foot lanes.
Mr. West expressed concerns of turning left from parking garage to Dickens.
Ms. Crowe suggested that another drive way on Haynie would be a solution.
Mr. Shawver inquired of Ms. Crowe if this was not the best solution to the traffic problems.
Ms. Crowe stated yes.
Mr. Cummings stated that if this item were tabled he would make his best effort to find a better
way to address the tight traffic issues.
Mr. West summed up his concerns stating that this plan contains an excess of square footage
within a city that is not about community development but the general consensus would like to
approve a library, and there should be a compromise. He then stated that in view of the fact that
there are no changes in dimension since 2001 and he would like to see the developer come back
with a plan inclusive of less retail, restaurant and hotel space, and he would be more comfortable
approving if traffic situations were better addressed.
Mr. Foose inquired if developer can not scale back enough to come back with no traffic issues, is
there a need to re apply.
Mr. Dillard stated no.
Mr. Foose made a motion to table the item until a scaled down plan could be presented, with a
second from Mr. Biddle the motion was approved unanimously 7-0 until April 17th meeting of the
Planning and Zoning Commission.
There being no further business before the Commission, Mr. West adjourned the meeting.
Approved by:
tlZu N. ~yf
Robert H. West, Chairman
Planning & Zoning Commission