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HomeMy WebLinkAboutPlanning and Zoning Commission-Minutes-8/18/2003 CQen~ T('xa" PLANNING AND ZONING COMMISSION MEETING MINUTES - September 9, 2003 CALL TO ORDER Chairman Wall called the meeting to order at 7 p.m. ROLL CALL Commissioners Bruce Kelly, Bob Culley, Earl Swift, Jeff Byerly, Mark Jones, and Jeff Wall were present. Commissioner Bud Sellers was absent. Barry LeBaron, Clayton Husband, and Jan Levy from staff were present. INVOCATION The invocation was given by Commissioner Jones APPROVAL OF MINUTES August 18, 2003 & August 25, 2003 Chairman Wall moved to approve the minutes of both meetings as written. Commissioner Culley seconded the motion. The motion passed by unanimous acclamation. CITIZEN COMMENTS There was no comment. AGENDA ITEMS 1. Case P-03-019 - TABLED ITEM - Final Plat of Old Grove, 45.459 acres located west of the Westmont Addition and southwest of John McCain Road Commissioner Culley moved to remove the item from the table. Commissioner Jones seconded the motion. The vote being: Ayes: Kelly, Culley, Swift, Byerly, Jones, Wall Noes: None Clayton Husband presented the case to the commissioners and reviewed the staff briefing. He spoke about the work session that was held on September 4, 2003 and gave a summary of the Issues. Chairman Wall asked if there were questions of staff by the commissioners. Commissioner Jones questioned the drainage and it was reported to be an ongoing work in progress. Staff said that when the infrastructure is in place it changes, but when the subdivision is completed, the full drainage system will be in place. Planning & Zoning Commission Minutes - September 8, 2003 Page 1 of 14 Approved on September 22, 2003 Commissioner Swift asked questions about the mitigation plan for silt damage. Clayton Husband explained that process and how the commissioners should have a comfort level with what will be done by the City and the developer to mitigate any silt damage. There was discussion about the technical non compliance being the result of the five foot strip of land that is adjacent to the Parker's property. Chairman Wall read sections from the Land Development Code regarding waivers and appeals. He referred to the chart and told the commissioners that only City Council can grant a waiver on the 5-foot strip of land that is prohibited by Code. Barry LeBaron commented on why the provision was written. Eddie Eckart, the developer's engineer, was present to represent the case. He spoke about the drainage plan and the current erosion. He said it is difficult to contain water until the construction is completed and if erosion occurs during construction, it is treated as a separate issue and will be mitigated. He said that he as an engineer has done a good job of addressing the issues and he explained the technicalities and spoke about TECQ regulations. Commissioner Swift said that he was out at the property on the 18th or 20th of August and there were no silt fences on Whittier Heights and Whittier Heights abuts Old Grove. He also said the storm drains were blocked. He said that given these kinds of discussion, the Planning and Zoning Commission needs an engineering staff member present. He said he expects Mr. Bagwell to give assurance that he will fix any down stream problems. Mr. Eckart explained the current fencing and how an effort has been made. He also said that David Bagwell owned the Whittier Heights property and the Old Grove property, so he was putting water from Whittier Heights onto his own property. Chairman Wall asked Mr. Eckart if he was willing to meet with neighbors and walk the property to observe their problems. Mr. Eckart said he would be happy to meet with the neighbors. Chairman Wall asked if he was empowered by David Bagwell to mitigate problems. Mr. Potthoff, representing David Bagwell, responded that Mr. Bagwell will meet his obligations as required by the law. Commissioner Swift said that the chief engineer of the City met with Andy Surell about the increase in silt in the Monticello ponds and he said he suspected the cause of the silt was created by Mr. Bagwell, but he couldn't prove it. Commissioner Culley asked questions about the 5' strip of land and if it will be resolved by the Council. He asked if Council denies the 5' strip of land, would the layout go back to the original preliminary plan. Mr. Potthoff responded that it was his understanding it would. Commissioner Swift moved to reopen the public hearing in order to allow citizens to speak. Commissioner Jones seconded the motion. The vote being: Ayes: Kelly, Culley, Swift, Byerly, Jones, Wall Noes: None Chairman Wall told the audience that each speaker would be limited to five minutes. Those present wishing to speak were: Planning & Zoning Commission Minutes - September 8, 2003 Page 2 of 14 Approved on September 22, 2003 Beth Battles, 101 W. John McCain, said the neighbors' concerns about the intersection and realignment of John McCain Road was not resolved in the preliminary plat and it was supposed to be resolved during the final plat process. She said this is still a major concern she has and asked the commissioners to resolve the issue. Ben Jones, 104 W. John McCain Road, spoke about the construction of a drainage culvert under the newly proposed John McCain Road and he expressed concerns that the drainage will dump onto his property. He said he wants to be involved with any future planning of the intersection so they are not negatively impacted. Eddie Eckart explained the drainage impact on the area and how the water will reduce in flow. He showed the plans on the board and discussed the plans and the drainage pipe. AI Zim, said he is the owner of Beddo Creek and lives at 7209 John McCain Road. He distributed information he received from the City of Bedford. He said the City of Bedford, like the City of Colleyville, let the developers get away with not doing proper drainage and so to solve that, the City of Bedford came back in and re-did the drainage. Mr. Zim said the city paid for it by taxing every homeowner and business, everybody in Bedford with a little extra tax, and that turns out to be for him a new car every other year or sending one of his employees' children to college for two years. He said it is a lot of money for him to pay, because other people made mistakes and that's exactly what is happening here with David Bagwell and that is something we need to put a stop to right now. Mr. Zim said he notified the City of Colleyville about this very situation in a letter on December 22, 1998 and at that time nothing was done. He said he notified David Bagwell on February 24, 1999 about the flow of water across his property should Mr. Bagwell buy the swamp and develops. He said Mr. Bagwell bought the swamp and he's developed it and putting silt across his property and he's killed the fish in the fish tank, he's put the silt down in Monticello, and he's generally just made a mess now. Mr. Zim said Mr. Bagwell's engineer just responds, "No problem, we'll just put the silt in our tank." Mr. Zim said Mr. Bagwell's tank will fill out and that water will go downstream and end up in the Trinity River which is a tributary and it is against Federal law to put silt into a tributary. He said they've never mentioned this because they don't want the commissioners to know that and he told the developer's representatives that they are lying to the citizens and he doesn't like that. Mr. Zim quoted from Vernon's Statutes that "no person may divert or impound the natural flow of surface waters in this State or permit a diversion or impounding by him to continue in a manner that damages the property of another by the overflow of the water diverted or impounded." He said that the Commissioners now all know that, they will realize that what they are doing is an illegal act and if the Commissioners can't stop the developer, he is going to "drag everyone of you bastards into court and him (referring to Mr. Bagwell's representatives) and sue them so this crap finishes." He continued to read from Vernon's Statues. Mr. Zim told the commissioners that he would like to point out a newspaper article from a Fort Worth newspaper that a City of Saginaw couple sued Fort Worth and the law suit is Planning & Zoning Commission Minutes - September 8, 2003 Page 3 of 14 Approved on September 22, 2003 not done, but they are going to get millions of dollars from the lawsuit because the City of Fort Worth did not permit the proper runoff. Mr. Zim went to the plat that was displayed in the room and pointed out his property, the downhill run from his property, the location of his stock tanks and threatened Eddie Eckart that if he puts one drop of water off the road into his stock tank, he is "going to get the judge and haul this son-of-a-bitch to a halt." Chairman Wall told Mr. Zim to refrain from using four letter words, and he acknowledged that Mr. Zim is upset. Mr. Zim responded that he is worse than upset and Chairman Wall told him again he should stop swearing. Commissioner Byerly asked Chairman Wall to request Mr. Zim to address the commissioners and not the developer's representatives. Mr. Zim said he is just telling the commissioners what is going to happen and there are no threats involved and he is explaining precisely what is going to happen. He said what he likes to do is tell a grown man one time what is going to happen and the second time he can figure it out himself. Mr. Zim said they have this water that is going off onto the neighbor's property and that's against the law. Chairman Wall again told Mr. Zim to address the Commission and not the contractor. Mr. Zim told Chairman Wall to request that Eddie Eckart sit down so he can't look at him and Chairman Wall told Eddie Eckart to stay where he is standing. Mr. Zim continued to point out on the plat where the water will flow off the proposed development onto his property and he said he will hold the representatives of Colleyville liable. He told the commissioners that they will have to put a stop to this now before it carries on and the citizens are overly taxed because of somebody who has pulled the wool over their eyes and caused problems. Recording Secretary Jan Levy informed the Chairman that Mr. Zim's five minutes is up. Grady Walker, owns property at 7301 and 7309 John McCain Road, and asked questions about the channeling of water. Mr. Eckart responded and explained what impact the drainage system will have on the area and said the handling of drainage is set forth in the Land Development Code and they will comply with the regulations. Carl Parker and Carol Parker, 105 W. John McCain Road told about how high his property is elevated. He spoke about the creek and the natural springs in the area. He distributed pictures of the area and explained how all of the water problems originate northwest of David Bagwell's property and how that is the source of Mr. Zim's problems and not from David Bagwell. Carl Parker responded to the commissioners questions and said he was for the drainage plan. He pointed out on the plat how the property acts as a cup and explained how none of the water will go out to the north. He said that only four lots within Old Grove will experience any water flow to the north and David Bagwell's property has natural wetlands which act as a great filter with a half mile of natural filtration system and when the water gets to the edge of the property, it is almost clean enough to drink. He pointed out the stock ponds in the area and said no more ponds are needed in the area and Mr. Zim will not have any problems from Old Grove. Planning & Zoning Commission Minutes - September 8, 2003 Page 4 of 14 Approved on September 22, 2003 Earl Swift said that Mr. Parker mentioned that for twenty years he used to ride his motorcycle along the creek and asked why he couldn't do that any more. Mr. Parker said the runoff that has come off the other pieces of property north of David Bagwell's property have eroded that side of the creek so badly that it can't even be walked. He said the gully that comes out the end of Western Trails is eight feet wide and twelve feet deep. He explained that Mary Goodwin's property has such a bad erosion problem that all of the dirt that was on the top of the hill is now down into David Bagwell's creek. He said Mr. Bagwell could make a pretty good chunk of money by hauling the dirt back up to the homeowners to the northwest because now they have no top soil. There was no one else wishing to speak and Chairman Wall closed the public hearing. Commissioner Swift asked about the 'T' junction on John McCain and what the impact is of that intersection. He asked if property was being taken away from anybody or if trees were being removed. Barry LeBaron explained the driveway realignment plan and how the right-of- way will come from the developer. He spoke about how the realignment was designed to get away from an angled intersection. Clayton Husband said he met with the Battles to try to adjust the design so the intersection will not effect the trees. The commissioners and staff entered into discussion of rights-of-way requirements. Commissioner Swift asked who owns the trees and Clayton Husband responded that couldn't be answered yet because the surveyor has not staked out the intersection. He said the contractor will not cut down trees until a permit is issued by the City and the contractor said he agreed. Commissioner Byerly asked if Mrs. Jones could add some information. The commissioners agreed. Mrs. Jones, 104 W. John McCain Road said she moved to her property in 1978 and she did not own the actual roadway John McCain Road itself, but she owned the land under the road and 8 12 feet on the other side, being the west side of John McCain Road. She said she sold the property to the City and in all of the paper work it was established there would be no rights- of-way or easements on their property, that the edge of the asphalt is where it stops for the City of Colleyville. She said David Bagwell does not officially own that property, but the City of Colleyville owns it. Chairman Wall said this is another issue that needs to be dealt with and these are issues that should not stop a vote on the plat, but there are serious issues as far as right-of-way, who owns what, drainage, and how it's all going to work. He said the City staff along with the contractor ought to be able to answer those questions when the plat gets to City Council in order for the Council to be able to affirmatively vote on the plat and then look at the citizens and tell them that those issues have been addressed. He said he is a citizen who lives downstream and he would like to see them addressed by the Council. Commissioner Swift said he does not know how in all good faith the plat could go to City Council with all these imponderables still on the table. Chairman Wall asked staff on this final plat, what items at this point are inconsistent with the preliminary plat and therefore would cause a no-vote. Clayton Husband said the only platting issue is the 5' strip of land adjacent to the Parker's lot. Chairman Wall asked that given the issues like drainage, rights-of-way, who Planning & Zoning Commission Minutes - September 8, 2003 Page 5 of 14 Approved on September 22, 2003 owns what, and the issue of how this is going to all fit together, where would those issues be addressed for these citizens and solved before this thing comes to fruition. Barry LeBaron responded that staff will make those comments to the engineer and developer between the time the Commission takes action on the plat and it goes to City Council so they will be resolved. He said that as far as the drainage issue, the developer has a drainage plan that meets the City's requirements, but as far as the plat itself, the only outstanding issue staff has is the portion that is the 5' strip of land and to some degree that is somewhat an interpretation issue that can be looked at in terms of the intent. Chairman Wall called to the commissioners attention a letter they received from Mr. Potthoff dated September 4, 2003. The letter said there were only two unresolved final platting issues identified for Commission review: 1) placement of the emergency access; and 2) the 5-foot reserve strip of land next to the Parker tract. The letter went on to highlight the points that the Parkers agreed to the 5-foot reserve strip; the decision was already made in order to preserve important environmental features; the ambiguity of the Land Development Code addressing the 5-foot strip; and the number and placement of points of the Parker access remains the same. Chairman Wall said that the letter contains the following language: "".in the end, as a matter of law, the vote on a plat must be based only on platting issues." Chairman Wall asked Barry LeBaron to explain the differences between platting issues and engineering issues. Mr. LeBaron recommended that the commissioners separate the engineering issues from the platting issues. He said he applauds the commissioners for entering into discussion and receiving information from the citizens in the area regarding the drainage and making sure that the engineering issues have been addressed. He said that it is not as if the commissioners were making a decision between a 2-inch pipe versus a 3-inch pipe, and obviously that is not a platting question. He said that the commissioners had a right to satisfy in there own minds that certain items have been addressed and when they are satisfied, the plat is ready to move forward. Mr. LeBaron said that even when approving a plat, it never prevents those issues from being addressed some point in the future. He said the commissioners are empowered to approve a plat without having engineering plans prepared, because the developer would still be required to submit engineering development plans to the City and if the engineers require the developer to redraw the subdivision because the plat didn't work based on the initial concept, then that's the developer's problem. Mr. LeBaron said generally the reason the City would want engineering plans to come forward is make sure there is a package so that the developer knows that the lot configuration will work with the water/sewer drainage system. The commissioners have a better comfort level that the lot configuration will work. He said the only thing the commissioners are approving is the plat and they are not approving an engineering design. The commissioners entered into discussion about the two significant changes made from the preliminary plat to the final plat. Chairman Wall said the commissioners have highlighted the drainage issues and the intersection design issues and those issues should not stop the plat from going forward for City Council's consideration. He said they are sending a message to the City Council that before they vote on the final plat, there should be better answers for the citizens than there are right now. Commissioner Swift said that he thinks they are inseparable. Planning & Zoning Commission Minutes - September 8, 2003 Page 6 of 14 Approved on September 22, 2003 Commissioner Culley said that he felt compelled to say that there are now two sides of the drainage issue and he has every trust in citizens and staff that it will be worked out to the satisfaction and to the best ability for everyone. He said it would be a disservice to the citizens, staff, and developer to continue to hold up the plat. He said that he cannot find a reason to hold up the plat for technical reasons and the 5-foot reserve strip was not done with the intent to penalize the Parkers, but it was done to enhance the actual development and he would hate to see the plat go back to the old design. Commissioner Culley said he would like to see the plat move forward with a recommendation that the commissioners find no problem the 5-foot strip. There was discussion about the commissioners' options for plat approval. Chairman Wall asked for a motion. Commissioner Byerly moved to approve the final plat. Commissioner Culley seconded the motion. Chairman Wall said it was his understanding that they cannot vote on the inclusion of the 5-foot reserve strip along the Parker's property. Commissioner Culley said his understanding is the commissioners cannot approve the 5-foot strip, but they are sending the plat on to the Council with a recommendation that the Commission is not in opposition to the 5- foot strip on the plat. Commissioner Byerly said his understanding is that the commissioners cannot take action on this issue, but the City Council takes final action on the plat. The vote being: Ayes: Kelly, Culley, Byerly, Jones, Wall Noes: Swift [NOTE: The Commission took a break and resumed the meeting at 8:23 p.m.] 2. Case Z-03-018 - TABLED ITEM - Zoning Change from CC2 to PUD-R Planned Unit Development Residential on 7.160 acres located in the 4300 block of Brown Trail on the west side of the street Commissioner Culley moved to remove the item from the table. Commissioner Kelly seconded the motion. The vote being: Ayes: Kelly, Culley, Swift, Byerly, Jones, Wall Noes: None Barry LeBaron and Clayton Husband presented the case to the commissioners and reviewed the staff briefing and a letter provided from the developer Larry Cole. Commissioner Wall said he asked staff to compare the center section of Bridlewood to the proposed Tiffany Park as it relates to density and also a comparison of open space for the two subdivisions. Planning & Zoning Commission Minutes - September 8, 2003 Page 7 of 14 Approved on September 22, 2003 The commissioners commented on staff's recommendation of denial and staff responded that historically staff recommends denial when there is a conflict in uses per the Master Plan. They talked about entrance designs and traffic safety. Commissioner Culley asked if the developer still planned on prohibiting second story windows facing Bridlewood North, and there was discussion about transitional areas and the future development of unique parcels of property now that the demographics in Colleyville are changing with the aging of the population. Chairman Wall said the commissioners received a letter of support from Mr. Danion. Commissioner Culley moved to reopen the public hearing. Commissioner Jones seconded the motion. The vote being: Ayes: Kelly, Culley, Swift, Byerly, Jones, Wall Noes: None Those present wishing to speak were: Jo Ann Gasper, 4103 Paddington Lane, said that Mr. Cole sent a letter to residents in Bridlewood that gave a list of allowed uses in the CC2 zoning district. She said that many of those uses also require a Special Use Permit and she requested that the Chairman tell everyone present what those uses are. She said if they require a Special Use Permit, a public hearing and a zoning change would be required. Chairman Wall read from the Land Development Code which businesses listed in the CC2 zoning district require a Special Use Permit. Mark Crenshaw, 504 Bridlewood North, asked questions and requested a clarification of the comparison of roof heights of a normal two story house versus a commercial two story building. He spoke in opposition of two story homes backing up to Bridlewood North and asked if the commissioners would want this in their back yards. He said that Mr. Cole mentioned the price of commercial property affects his ability to develop the property with less density, and Mr. Cole's financial problems should not become his problem. Mr. Crenshaw suggested moving some of the green space to abut the Bridlewood fence and provide a walking path. Steve Knight, 3917 Felps Court, spoke in opposition to the density of the subdivision. He said he is not against Mr. Cole but he senses there is a difference in the way staff treats Mr. Cole than other developers and it is like staff throws roses at Mr. Cole. Mr. Knight said he is not within 200' of the proposed development, but it is located in his part of town. He said he took Mr. Cole's advice and went to visit Mr. Cole's Silverwood development in Bedford. He said it is extremely dense and it has the feel of rental property written all over it. He said he also looked at a trailer park in Grapevine and it was less dense than the proposed development. Mr. Knight referred to a conversation he had with Linda Baker and how she said the Planning & Zoning Commission will have less to discuss as the community reaches build out because the issues become insignificant. He said he initially agreed with that, but the more he considers it, Linda Baker is dead wrong. He said the issues will become of vital importance and of highest importance is the density issue. Planning & Zoning Commission Minutes - September 8, 2003 Page 8 of 14 Approved on September 22, 2003 Ken Davis, 412 Bridlewood North, spoke in opposition as the subdivision is proposed. He discussed the reason for him moving to Colleyville and how he came to City Hall to research the potential use of the vacant property behind his home. He said he is not opposed to commercial; however, if Mr. Cole can lower the density and offer a green space against Bridlewood he may be in favor. He said there is a 20% difference in the density of the proposed development from the density in Bridlewood and 20% is a big difference. Mr. Davis said that 3.5 units per acre start becoming the density in Arlington. Becky Davis, 4107 Paddington Lane, spoke in opposition to the density. She said that she is also concerned about the traffic on Brown Trail. She asked about the placements of homes on the lots and wanted to know if the garages will be front entry, side entry, or back entry. She asked if the City had design standards for garages. Staff told her that the City does not have standards for the location of garage doors. She said the aesthetics of the proposed subdivision are important to her. Brett Davis, 4107 Paddington, also asked about how the houses will fit on the lots and expressed concerns that because of the high density, the density may dictate that front entry garages become a reality. Wayne Ridenhour, 600 Bridlewood North, said he lives on Lot 27 that abuts the proposed development and he cuts the grass on the other side of the fence to deter wild animals and snakes from going onto his property. He spoke in favor of the zoning change and said Larry Cole builds very high scale subdivisions and he likes the proposed development. He said that the square footage of lots in the middle of Bridlewood is relevant and several lots in Bridlewood have front entry garages. Melinda Crenshaw, 504 Bridlewood North, said she is opposed to the zoning change. She said there is an average lot size in Bridlewood of 9,000 s.t. and the proposed development will be 7,000 s.f. She said this may be a future trend, but that trend will affect nine houses on Bridlewood North. She said she wants green space next to her lot and not a house to be right on top of her. Opal Soviak, 600 Bridlewood North, said she is in favor of the zoning change and the people complaining in Bridlewood already have neighbors on top of them. She said there were two story houses next to two story houses with very little space between them. She said she is not in favor of commercial development on the vacant lot. Steve Ewing, 700 Green Meadow, said he was representing Saddlebrook HOA and the board has reviewed the plans and are in favor of residential development on the lot, but expressed concerns about the density. Donna Ridenhour, 600 Bridlewood North, said she is in favor of the zoning change. She said her mother, Opal Soviak, has a bedroom that is 5-feet away from the neighbor's driveway. She said that the neighbors on Bridlewood North already have neighbors living right on top of them and the neighbors can look into her windows and she can look into her neighbors windows. She said there is nothing exclusive about Bridlewood North and the people opposed Planning & Zoning Commission Minutes - September 8, 2003 Page 9 of 14 Approved on September 22, 2003 should be glad that Mr. Cole is going to build very upscale homes next to them and they won't decrease the property values in Bridlewood. No one else was present to speak, and Chairman Wall closed the public hearing. Commissioner Culley asked Larry Cole if there was any possibility to put additional green space adjacent to Bridlewood. Mr. Cole entered into discussion with the commissioners about the possibility of doing a tree screen and limiting the homes that back up to Bridlewood North to one story homes with 15-foot back yards. He said that is more than what currently exists in Bridlewood. Mr. Cole said he will build a product in the excess of $300,000 each and it will be upscale homes for empty nesters. He said he will restrict the garage entries to swing entry garages with cedar board garage doors that don't look like garage doors. Commissioner Culley asked staff to read to the citizens from the list of subdivisions in Colleyville the ones that already have 2.9% density. Staff identified nine subdivisions. They also said that Bridlewood has approximately 1 acre of open space. Commissioner Jones said that everything is not a cookie cutter and it takes a lot of thought to find creative solutions. He mentioned the length of time the property has been on the market and it does not appear that the property is suitable for commercial development, because it would have sold by now. He said as the City nears build out, the commissioners will have to deal with this more often. He said he has spoken to many citizens at the Master Plan meetings that have told him they want smaller lots, but with all the amenities they have in their currant houses. He said the issue will not go away. Commissioner Byerly said he is not convinced yet that residential is the best use of the property. He said if the property does develop residential it is an area that would call for a good transition use. Chairman Wall pointed out that commercial buildings with a 35' building height could be built within 25' of the property line. He talked about Remington Park and the property next to it being commercial on the current Master Plan and how the residents wanted a transitional residential subdivision with small lots next to them rather than commercial development. He said wanting commercial over residential is a dangerous game to play. The developer Larry Cole entered into discussion about the possibility of including a 10-foot or 12-foot wide pathway with shrubs and trees to be maintained by the HOA. There was discussion about the subdivision being a gated community. Commissioner Kelly asked staff if they have done a comparison of tax revenues for the proposed subdivision versus the tax the bank is paying on the property. There was discussion about 25 homes valued at $300,000 each, would equal 7.5 million in taxable property and it would take a 75,000 square foot office building plus the parking areas to generate an equivalent taxable value. There was discussion by the developer and commissioners about the attempts to sell the land for commercial use; setbacks in relationship to the path and what does two fences placed 12- feet apart gain for the residents in Bridlewood. There was discussion how a lot that is 96-feet Planning & Zoning Commission Minutes - September 8, 2003 Page 10 of 14 Approved on September 22, 2003 in depth could minus the 12-foot pathway easement, would leave 84-feet for setbacks and a single story house may be doable. Chairman Wall said it would gain the residents on Bridlewood North a second sound barrier separated by 12-feet with a house setback an additional eight feet. Commissioner Swift commented about how two stained cedar fences with a pathway between them may reduce the attractiveness of the subdivision because of the diminished back yards from the houses to the cedar fence. Larry Cole said in a typical lot that has 116-feet, and he would take of 20-feet for a front setback, and 12-feet for the path which leaves 76-feet for a building site and back yard and most house have 60-feet of depth and that leaves enough area for a back yard. Larry Cole said that he and the commissioners are trying to make some compromises and he is using housing plans that allow for maximum flexibility for design, but in order to accommodate the Bridlewood North residents, he can move the house away from their property lines another five feet and they will be all right and he will still have decent plans, so he is willing to have a 20-foot setback on those lots rather than a 15-foot setback and he will be all right, and the house would still be a single story dwelling. Commissioner Swift said his comment was not meant to be critical, but it would be his opinion that those lots with less back yard would be less attractive than some other homes. Larry Cole said they would not be less attractive because he has many people he sells to that do not want to have any back yard grass, but want landscape, with pavers and hot tubs. Commissioner Swift said given that, maybe these lots will be more valuable. Mr. Crenshaw asked about the width of green space between the two fences, which would be the walkway and the line of trees. Mr. Cole said it would be 12-feet wide and then from the new fence there would be another eight-feet setback to the house, and the house would be restricted to one story. Mr. Crenshaw said that sounds like a compromise to him and what he was asking for was some consideration because he is adjacent to the property. There was discussion about how the other two lots on the western end need to also include the landscaping and be an equal 12-foot. Chairman Wall said that based upon what the developer has proposed to do on the south end of his subdivision, he would like a show of hands by those who were opposed before that are now currently still opposed to the development. The commissioners began discussion about how the market for transitional smaller size lots have been validated at Master Plan meetings and how the existing Master Plan allows to go beyond an average of 1.8 dwelling units per acre in specific areas. Commissioner Culley said the commissioners have tried to be respectful of both sides, try to compromise and find a win-win situation, and they are pretty close right now. He said he doesn't think they will ever get a perfect situation on the density, but he feels like this problem is not going to go away. He said when they have a chance to work with somebody and have them work with the commissioners and this many people come out that seem to care about who is going to be next door and they voice their opinions it is a good thing, and a lot of issues have been resolved. Commissioner Culley said he thinks they have done as good of a job as they can on the density and he wished it could be 2.9, just like Bridlewood's but it's not. He said the subdivision will be quality and it won't hurt the property values in Bridlewood and Planning & Zoning Commission Minutes - September 8, 2003 Page 11 of 14 Approved on September 22, 2003 hopefully the Bridlewood residents will get to know the new neighbors and get to like them. He said he is in favor of the zoning change and he will continue to be concerned about density and will continue to watch that and he promised that as long as he is on the commission, they won't have apartments, but will have quality developments in Colleyville because that is why everyone has moved here. He said the commissioners have done a pretty good job. Commissioner Jones said a lot of people are either for or against things, and he proceeded to tell the citizens that he lives in a subdivision that has open space next to his subdivision that is in a similar transition area and he wouldn't vote for anything unless he was willing to have it beside his house. He said his subdivisions 44 homes have the same issues facing them and this issue is not going to go away. Chairman Wall moved to recommend the zoning change from CC2 to PUD-R subject to the developer limiting houses on the southern side of the development to single story; the garages in the subdivision will be side-swing entry garages with the doors constructed of plank wood; and the developer and staff will outline and provide a conceptual site plan for the path and landscaping along the south side prior to the case going to the City Council. Commissioner Jones seconded the motion. The vote being: Ayes: Kelly, Culley, Swift, Jones, Wall Noes: Byerly 3. Case G-03-029 - Tree Mitigation Request on 15 acres located on the southwest corner of John McCain Road and Colleyville Boulevard Clayton Husband presented the case to the commissioners and reviewed the staff briefing. He spoke about the future development of the property that will become the gateway for entering into Colleyville from the north. He spoke about the building sites and detention ponds and how the developer plans an area in the development where the trees can be preserved. He said the developer is proposing to add 100 new trees. He showed the original site that was proposed and then the new layout the developer is proposing and spoke about the merits of the newly proposed layout. He said the land uses would be market dependent. Mr. Husband said that rather than bringing only numbers before the commissioners, staff wanted to bring the commissioners an alternative and offer a performance based approach to tree preservation. He thoroughly reviewed the plan in the staff briefing. He said that staff is recommending approval of the performance based plan. The commissioners entered into discussion about how the number of trees was calculated and if the expanded right-of-way on Highway 26 and the realignment of John McCain Road was considered. Rick Horn, with Pate Engineers spoke to the commissioners and explained how he calculated the number of trees and how he revised the designs of the development. He said the proposed developers have a partnership with Shell Oil. Planning & Zoning Commission Minutes - September 8, 2003 Page 12 of 14 Approved on September 22, 2003 Barry LeBaron talked about the TIF district and the implication that has on the development of the property. Commissioner Swift said that this is a premier commercial site in the City of Colleyville and he said the last thing the city needs is for failure of any business that will locate in the development. He sited the example of the filling station located on the other side of Colleyville Blvd. that has gone out of business. Steve Pappa, from Service Star, explained Shell Oil Company's philosophy and how after conducting traffic studies, the property on the west side of Colleyville Blvd. is more attractive because of people stopping to shop on the way home from work. Chairman Wall asked the applicant about the amount of taxes that will be generated by the proposed development and if there was a formula that the $600,000 in tree mitigation will be equalized with the collection of taxes. Mr. Pappa said that approximately $200,000 per year at 1 % to the City in sales tax revenues which does not include property taxes would be a formula that could be used. Staff explained the difficulty with developing this property because it is so heavily forested, and how they wanted to not just lay the problem before the Commissioners, but they wanted to propose a solution. They said that staff will bring the plan back to the Commissioners if the proposed site plan deviates significantly. The commissioners talked about possibly seeking input from the economic development task force as they may have a better idea in how to mitigate the fees for trees versus increase in taxable revenues by development of the property. Staff explained the tree mitigation ordinance and how the Commission is the only body of city government that is empowered to mitigate the tree ordinance. Commissioner Culley said he agrees with Commissioner Byerly that they not give concessions based on the current conditions of the property. He said if this is the Planning and Zoning Commission's job, they will trust in staff's recommendation and if the developer does not perform, the developer will pay the penalty. He suggested that staff be specific in the square footage the developer has to build to meet the schedule. Mr. Pappa said that they decided to purchase extra land to enhance the tree preservation area and he asked where does the objectivity come into the deliberations? Commissioner Culley said there are trees on the property that probably don't deserve to live. He said that if the city gets economic development in the area and the property is enhanced to develop, this is a good plan. The applicant said they will try to preserve the good trees as tree preservation is very important to them. He explained how clusters of trees have difficulty growing because the good trees can't mature. Planning & Zoning Commission Minutes - September 8, 2003 Page 13 of 14 Approved on September 22, 2003 Barry LeBaron told the commissioners that he recommends a formal agreement be worked out to be signed by the applicant and by the Planning and Zoning Commission Chairman so that it can become a permanent record that is filed in Tarrant County deed records. Commissioner Jones moved to approve the proposed tree mitigation request with the specifics of the plan being put into a legal agreement that is reviewed by the City Attorney and signed by the applicant and the Planning and Zoning Chairman. Commissioner Culley seconded the motion. Commissioner Byerly offered a friendly amendment that staff put a range in the development schedule for required square footage to be constructed with a plus or minus 10,000 square feet. The friendly amendment was accepted. The vote being: Ayes: Kelly, Culley, Swift, Byerly, Jones, Wall Noes: None 4. Discussion of the Master Plan Update: There was discussion about the two workshops that were upcoming. The commissioners and staff entered into discussion about future develop of the unusual properties that do not fit a cookie cutter mold and the possibility of creating a criteria for development. They talked about the need to consider each proposal on a case by case basis and get the community involved in the process. There was discussion about transitional uses of property. 5. Staff Comments, Reports and Discussion Items: There was none. 6. Commissioners' Comments and Reports: There was none. The Commission adjourned the meeting at 10:50 p.m. by acclamation. Respectfully Submitted, n Levy Planning & Zoning Approved on: September 22, 2003 as written. Note: As a matter of public record, an audio recording of this Planning and Zoning Commission meeting is available upon request. Planning & Zoning Commission Minutes - September 8, 2003 Page 14 of 14 Approved on September 22, 2003