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HomeMy WebLinkAboutPlanning and Zoning Commission-Minutes-3/24/2003 CQen~ T"l,,,a!\ PLANNING AND ZONING COMMISSION MEETING MINUTES - MARCH 24, 2003 CALL TO ORDER Chairman Wall called the meeting to order at 7:00 p.m. ROLL CALL Commissioners Bruce Kelly, Earl Swift, Jeff Byerly, Bud Seller, Mark Jones, and Jeff Wall were present. Barry LeBaron, Clayton Husband, Jeff Jones, and Jan Levy from staff were present. INVOCATION The invocation was given by Commissioner Swift PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES March 10,2003 Commissioner Swift moved to approve the minutes as amended to add a statement to the motion on item #4. Commissioner Byerly seconded the motion. The motion passed by unanimous acclamation. CITIZEN COMMENTS There was none. AGENDA ITEMS Chairman Wall announced that the applicant for agenda item 4 has requested that the Planning and Zoning Commission not take action on the case, but table the case do to the fact that the architect for the project would not be able to attend the meeting. He said it would not be fair to the people who came to speak about the case nor to the applicant to hold the public hearing since the applicant could not respond to the speakers. Chairman Wall moved to table item #4, Case Z-03-008, until the April 14, 2003 meeting. Commissioner Jones seconded the motion. The vote being: Ayes: Kelly, Swift, Byerly, Sellers, Jones, Wall Noes: None Chairman Wall advised staff to resend the notice of public hearing to the surrounding property owners, Planning & Zoning Commission Minutes - March 24, 2003 Page 1 of 8 Approved on Apri/14, 2003 1. Case P-03-008 - Minor Plat of Mockingbird Hill Addition, 10.6898 acres located on the west side of Pool Road in the 3400 block Clayton Husband presented the case to the commissioners and reviewed the staff briefing. There were no questions by the commissioners. Commissioner Kelly moved to approve the minor plat. Commissioner Swift seconded the motion. The vote being: Ayes: Kelly, Swift, Byerly, Sellers, Jones, Wall Noes: None 2. Case Z-03-006 - PUBLIC HEARING - Zoning Change from CN to PUD-R, 2.05 acres located at the northeast corner of Cheek Sparger Road and Steeplechase Drive Clayton Husband presented the case to the commissioners and reviewed the staff briefing. Commissioner Sellers asked Fire Marshal Jones if he was satisfied with the one entrance into the subdivision and about the turning radius. The Fire Marshal said the Land Development Code does not require more than one entrance for only ten lots and the houses are not required to have interior fire sprinkler systems. He said the street is not long enough to require a full turning radius in the cul-de-sac. Commissioner Jones said there are unique parcels in the city yet to be developed and he is in favor of bending a few rules in order to develop those properties; however, this proposal appears to be fracturing the rules, Staff responded there are other approved developments that have similar lot sizes. They mentioned the Villas at Caldwell's Creek and Westgate Villas; however, these subdivisions have open space and the proposed subdivision does not. Chairman Wall opened the public hearing. Those present wishing to speak were: Jimmy Schnurr, applicant. Commissioner Jones asked if it was possible to have open space in the subdivision. Mr. Schnurr said it was not economically viable. He explained that Boardwalk Homes is purchasing the property under commercial rates, yet they believe strongly the area is a residential area and not designed for commercial development. He said it is not a good commercial site as it has residential development on three sides. He explained there would be ten custom-built single family homes, with no two story structures, in the $300,000 range. Mr. Schnurr said the only access to the property is from Cheek Sparger Road since Bridlewood Estates owns the brick wall that runs along the western property line. He said that a commercial development on the property would generate more traffic than ten residential lots. He said he spoke with Bridlewood Estates, The Woods of Colleyville, Wood briar Estates and Saddlebrook Estates Home Owner Association representatives and the developer plans to mirror the Bridlewood HOA deed restrictions. He said this would be a high quality project that will benefit the area. Planning & Zoning Commission Minutes - March 24, 2003 Page 2 of 8 Approved on April 14, 2003 Commissioner Sellers asked about the positioning of garages. Monty Thomason, Vice President of Boardwalk Homes, explained this would not be a gated community and the average home would be approximately 2,400 square feet and start at $290,000. He said there would be no front entry garages, but they would probably have a front swing garage entry. Jo Ann Gasper, 4103 Paddington Way, said she would like the property to develop residential; however, there may be a line of sight problem when existing off Steeplechase. She expressed concerns about density and she encouraged the Commission to include the deed restrictions within the approving ordinance. Steve Knight, 3917 Felps Court, expressed concerns about commercial zoning in the area and said he believed that residential would be the highest and best use of the property. He said he has concerns about the density and said the developer commented that fewer lots were not viable because of the commercial rates. He said the developer should not pay commercial rates and he advised the Bridlewood homeowners to hold out for a better proposal for a residential subdivision on the property with fewer lots. He said they should not feel as if this is the only thing that could be developed on the property. Tom Caunitz, 4006 Steeplechase Drive, said his house would face the back corner of the development and he would be looking at the rear of houses. He said when he saw the pictures of proposed home designs, he thought there would be nice looking houses, but he is concerned about the number of houses. Pam Brandon, 3608 Briarbrook Court, said she is the president of the Wood briar Homeowners Association and they discussed the proposal at a Board meeting. She said there are concerns about the speed of cars on Cheek Sparger and the number of accidents due to the curve in the roadway. She said something needs to be addressed about the road alignment for safety reasons. Steve Lingard, 301 Bridlewood South, said he lives on the corner on Lot 1. He asked questions about the distance from the fence to the rear of the houses, and about the proposal for a 1 Y2 story house on the rear lots within the subdivision. He said he did not want someone to have full view into his property. Mr. Lingard also expressed concerns about traffic and speeding on Cheek Sparger. Robert Peters, 4000 Steeplechase Drive, said he would also be facing the back yards of the proposed homes. He said he sent a letter to the commissioners proposing a different layout for the subdivision that will create a horseshoe drive around the houses. There being no one else present wishing to speak, the public hearing was closed. Commissioner Swift said he thinks that single family homes should be built in this area; however, he has issues about density, lack of open space, and the precedent it will set by creating such a high density with the adjoining property that still has the potential for being developed. He said this would be a big mistake. Planning & Zoning Commission Minutes - March 24, 2003 Page 3 of 8 Approved on Apri/14, 2003 There was discussion about the vacant lots in the area and the plans for development in the area. Commissioner Kelly said the Master Plan is currently being updated and they have no way of knowing what that plan will look like. He said the concerns about traffic are valid and if this property is developed, the traffic may turn out into an area of Cheek Sparger that needs to be aligned as required by a new Master Plan. Commissioner Jones moved to deny the zoning change. He said the area may be appropriate for residential development, but there are too many other issues with the request. Commissioner Swift seconded the motion. The applicant addressed the Commission and asked that the request be tabled so that they may continue to work with the surrounding neighbors and address their concerns. Commissioner Jones withdrew his motion. Commissioner Swift said he would not remove his second. It was determined that Commissioner Jones' withdrawal did not require Commissioner Swift to withdraw his motion to be valid. Commissioner Byerly moved to deny the zoning change. Commissioner Swift seconded the motion. The vote being: Ayes: Swift, Byerly Noes: Kelly, Sellers, Jones, Wall [Note: The motion to deny was not approved.] Commissioner Sellers moved to table the case until the April 14, 2003, meeting. Commissioner Jones seconded the motion. The vote being: Ayes: Kelly, Sellers, Jones, Wall Noes: Swift, Byerly 3. Case Z-03-007 - PUBLIC HEARING - Special Use Permit for an accessory building on 10.272 acres located at 816 L.D. Lockett Road Clayton Husband presented the case to the commissioners and reviewed the staff briefing. Chairman Wall asked staff how often a building that requires a special use permit is built without a permit. Staff responded that a building this size being built without a permit is unusual. He said the City's recourse is to require the owner to apply for a special use permit and go through the process of public hearings and if the special use permit is not granted, they would have to comply with the size regulations in the Land Development Code. Chairman Wall opened the public hearing, Those present wishing to speak were: Planning & Zoning Commission Minutes - March 24, 2003 Page 4 of 8 Approved on Apri/14, 2003 Marty Stajduhar, 101 Williamsburg Court, the applicant. He said he bought the land for the sole purpose of having horses and growing coastal hay so that he could get an agricultural tax exemption. Mr. Stajduhar said he used a contractor from Alvarado to build a covered area so that the horses could be ridden in all types of weather. He said the contractor informed him that a permit was not needed because the land was agricultural and used for agricultural purposes, Mr. Stajduhar apologized that he never talked to staff to confirm the information provided by the contractor, He said the information provided by the contractor made sense to him because of the lay of the land and the adjoining properties. He said there was a dilapidated house on the property that they tore down, but they left the pump room and have considered building a house on the property and living on the land in the future. He said there was no malicious intent, only misunderstanding. Commissioner Sellers asked Mr. Stajduhar about the covered arena. He responded that they now have loafing shed stalls and they want a closed area for the tractor and equipment. He said there is a 10' x 10' stone building that may be removed, and the structure that was built was not prefabricated. Lorraine Gohr, 809 Lavaca Trail, spoke in favor of the special use permit. She said since the Stajduhar's have purchased the property, they have cleaned up the property, have put in very safe fencing, and take excellent care of the property. She said they provide a facility that handicapped riders can use, and neighbors help with that endeavor. She said the Stajduhar's and the riding arena are an asset to the community and she wants the rural look to be maintained in the immediate area. She spoke about the enclave of rural uses that currently exist on Lavaca Trail and in the immediate area. Chairman Wall asked Ms. Gohr about the resale potential of her property because of the impact the size of this building has on her property. She responded that the area is clean and provides a wonderful service to the community and has no negative impact on her property, but only enhances the value of the neighborhood. Commissioner Kelly shared appreciation of the rural area of the neighborhood. Marty Gohr, 809 Lavaca Trail, spoke in favor of the special use permit. He said he is concerned about the higher density residential that is encroaching into this very special area of Colleyville. He said there are several nice properties in the area and they are diminishing because of the approval of recent higher density subdivisions like Westgate Villas. Mr. Gohr said the current use and the future intent by the Stajduhar's fit with the neighborhood. Andrew Mittag, 901 W. Lavaca Trail, spoke in favor of the special use permit. He said he has spoken before the commissioners on several occasions and they may have heard before how he moved from New York to Kansas and has now found the oasis in Colleyville on Lavaca Trail. He expressed the need to keep the area rural and how the frontage on Precinct Line will be developed as commercial, but the interior of the area needs to be maintained as rural. Mr. Mittag said he has three horses on his property and this structure does not bother him one bit. He said the Stajduhar's are an asset to the community. Planning & Zoning Commission Minutes - March 24, 2003 Page 5 of 8 Approved on Apri/14, 2003 Chairman Wall asked the Stajduhar's if the property is being used as a commercial venture. Mr, Stajduhar said no. He stated he operates a physical therapy clinic in Bedford, and his wife Lisa is certified to use horses as vehicles to help disabled people gain mobility. He said their family and the neighbors ride horses on the property and they have gate openings to the neighbor's property. There being no one else present wishing to speak, the public hearing was closed. Commissioner Swift told Mr. Stajduhar that he made a very good presentation and he now understands the request. He said the accessory building conforms to the area. Commissioner Sellers moved to approve the special use permit with a condition that the 10' x 10' rock building be removed in order to reduce the number of accessory buildings on the property. Commissioner Kelly seconded the motion. Commissioner Byerly said he does not have a problem with the motion but asked staff if they could put a provision in the ordinance that the removal of the building be given a deadline such as 45 days. Fire Marshal Jeff Jones said that technically a building of this size should have a fire sprinkler system. He said if the building is ever enclosed it would create a problem. Chairman Wall asked what other safety concerns the Fire Marshall had, especially if there were physically impaired people on the property. Jeff Jones responded that the building is all right if it is used as intended and as stated in the ordinance. He said if a building permit were ever applied for, they would reassess the use at that time. Chairman Wall expressed concerns about potential commercial uses on the property. Staff told the commissioners that commercial uses are not allowed unless authorized by the Land Development Code. Staff advised the use of the property is for riding horses, and the only issue the commissioners are considering is for the building proposed in the special use permit. Chairman Wall called for the vote. The vote being: Ayes: Kelly, Swift, Byerly, Sellers, Jones, Wall Noes: None 4. Case Z-03-008 - PUBLIC HEARING - Zoning Change from CC2 to PUD-R, 9.285 acres located on the south side of Centerpark, east of Colleyville Boulevard This item was tabled by the Commission earlier in the meeting. Planning & Zoning Commission Minutes - March 24, 2003 Page 6 of 8 Approved on Apri/14, 2003 5. Case Z-03-009 - PUBLIC HEARING - Amendment to the Land Development Code regarding notification requirements for Special Use Permits for alcoholic beverages Barry LeBaron presented the case to the commissioners and reviewed the staff briefing, There were questions by the commissioners regarding the current notice procedure and the proposed change. Commissioner Kelly said that if the 500-foot notification area was used, it might impede upscale restaurants from coming to Colleyville. He said there might be a red flag raised since no other communities in the area have this requirement. Chairman Wall opened the public hearing, and those present wishing to speak were: Jo Ann Gasper, 4103 Paddington Lane, spoke in opposition of the change in notification area. She said city staff does an excellent job of notification with the use of signs, notice to property owners, newspaper articles, and notice to homeowner associations. She said if they start with this exception, there might be other exceptions to follow. She said Colleyville needs to be on a level playing field with other communities in the area in order to attract businesses. She explained how the distance requirement was changed to comply with the State law in order to attract restaurants to Colleyville, Ms. Gasper encouraged the commissioners to recommend denial of the change. There being no one else present wishing to speak, the public hearing was closed. Commissioner Kelly moved to recommend denial of the change to the notification requirements for special use permits for alcoholic beverages. Commissioner Sellers seconded the motion. The vote being: Ayes: Kelly, Swift, Byerly, Sellers, Jones, Wall Noes: None 6. Discussion of the Master Plan Update. Appreciation to Barry LeBaron was expressed by the commissioners for all of his work that has been done. 7. Staff Comments, Reports and Discussion Items: None. 8. Commissioners' Comments and Reports: The commissioners asked for an update on the status of Bob Culley's request to be reinstated to the Planning and Zoning Commission. Staff informed them that Mr. Culley was asked to submit his application for appointment along with the others that would be considered by the City Council at the April 1, 2003 meeting. He said advertisements for the opening had already taken place before Mr. Culley requested to be reinstated. Planning & Zoning Commission Minutes - March 24, 2003 Page 7 of 8 Approved on Apri/14, 2003 ADJOURNMENT The Commission moved to adjourn the meeting at 8:50 p.m. The motion was seconded and passed by acclamation. Respectfully Submitted, L- n Levy / lanning & Zoning Assistant Approved on: April 14, 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 - March 24, 2003 Page 8 of 8 Approved on Apri/14, 2003