Loading...
HomeMy WebLinkAboutPlanning and Zoning Commission-Minutes-11/11/2002 PLANNING & ZONING COMMISSION Meeting Minutes - November 11, 2002 Chairman Jeffrey Wall called the regular meeting of the Planning and Zoning Commission to order at 7:00 P.M. on November 11, 2002. Roll Call Present: Bruce Kelly, Earl Swift, Jeff Byerly, Bud Sellers, Mark Jones, Jeff Wall Absent: Bob Culley Staff: Barry LeBaron, Clayton Husband, Jeff Jones, Jan Levy Invocation: Chairman Wall Pledge of Allegiance Approval of Minutes: October 28, 2002 Commissioner Swift moved to approve the minutes of the October 28, 2002 meeting as written. Commissioner Sellers seconded the motion. The motion passed by unanimous acclamation. Chairman Wall announced at the beginning of the meeting that legal papers had been served by Windview Homeowners Association and the Planning and Zoning Commission would not be discussing item #2. Citizen Comments: There were none. 1. Case P-02-043 - Minor Plat of Tivoli Office Park, 2.189 acres located at the southwest corner of Hall Johnson Road and Bogart Drive Clayton Husband presented the case to the Commission and discussed the staff briefing. The Commission raised Questions about an entrance onto Bogart across from Colleyville Middle School. There was discussion by staff and the commissioners regarding providing two points of access for emergency vehicles and the entrance onto Bogart may only be used as an emergency access and have gates. Chairman Wall said he is concerned about safety. Commissioner Jones said there is a bottleneck with the traffic now and there is no need to add more traffic to the area. Staff responded that they will take the Commission's comments under advisement when building plans are submitted. Planning & Zoning Commission Minutes - November 11, 2002 Page 1 of 7 - Dra" Copy (11125102) Commissioner Jones moved to approve the minor plat of Tivoli Office Park. Commissioner Sellers seconded the motion. The vote being: Ayes: Kelly, Swift, Byerly, Sellers, Jones, Wall Noes: None 2. Case P-02-044 - PUBLIC HEARING. Replat of Lot 4, Block 7, Windview Addition, 1.269 acres located at 4005 Tamblewood Drive This item was not discussed by the Planning and Zoning Commission. 3. Case Z-02-029 PUBLIC HEARING. Special Use Permit for an accessory building on Lot 1, Block 3, Sunrise Terrace Addition located at 1205 Glade Road Clayton Husband presented the case to the Commission and discussed the staff briefing. He also gave the history of how the Special Use Permit requirements came about for accessory buildings. He told the commissioners that staff received two letters of opposition since the packet was distributed and those letters were given to the commissioners Chairman Wall opened the public hearing. Those present wishing to speak were: Terry Grisso, applicant, told the commissioners that he has cars on the property and wants to garage the cars. He said the addition of the garage will beautify the property. Chairman Wall asked the applicant if he plans on moving all of the cars that are currently parked on his property into the garage. Mr. Grisso said he would move all of the cars into the garage. There was discussion by the commissioners with the applicant and staff about the tree ordinance; the condition of the automobiles located on the property; architectural plans; building construction materials; and the removal of the current carport. Ed Van Eck, 513 King Richard, Irving, said he was representing his son and daughter-in-law who live at 1116 Jo Carroll He spoke about the current condition of Mr. Grisso's property. He requested that the commissioners ask questions about building size, roof composition, and siding materials. He told the commissioners that some vehicles have been undercover for some time. He wanted to know if Mr. Grisso will add to the number of vehicles he has once the garage is built. Garland Edgill, 1112 Garry Lynne Drive, presented photos to the commissioners and told them about the current condition of the property. He said he has lived in the area for twelve years and there would be an improvement to the property ifthe garage were built, but if past performance is an indication of future performance, he is concerned that won't happen. There being no one else present wishing to speak, the public hearing was closed. The commissioners discussed the possibility of limiting the number of vehicles allowed on the property. There was discussion about requirements for paving. Staff told the commissioners that Planning & Zoning Commission Minutes - November 11, 2002 Page 2 of 7 - Draft Copy (11125/02) the requirements need to be reasonable and enforceable. Barry LeBaron explained how the regulations for large accessory came about and how the commissioners could establish conditions with the Special Use Permit. The commissioners entered into discussion about taking property rights away and tried to come up with regulations that would ensure there wouldn't be six cars in the garage and another six cars stored outside the garage on the property. There was discussion about how the applicant did not present specifics as far as building size and description of building materials to be used. Mr. Grisso told the Commission that he only intends to have six vehicles on the property. He said he does not do welding and there are other metal buildings in the neighborhood. He said he put up a new fence and has taken down two buildings. He said he is just trying to improve the appearance of his property. He said he is planning on constructing a ranch style garage with a metal ribbed roof. He said the exterior would be a baked enamel prefabricated building and he would concrete or asphalt the driveway to enter off of Garry Lynne Drive. He said that one part of the fence nearest the house will come down. There was discussion between the applicant and the Commission about having a paved surface from Garry Lynne Drive to all six bays; the need to house the cars currently in use in the garage; how the materials should match the exterior of the house; and no parking should be allowed off the paved surface. There was discussion that the neighbors would want specifics and they asked the applicant to bring back a proposal with those specifics. Commissioner Kelley moved to table the case until the applicant can present something specific to the Commission. Commissioner Sellers seconded the motion. The Commission told the applicant to present a drawing of the proposed building with specifics regarding size; location and details about the parking surface; roof and siding materials; and a request that the building is to serve for storage of vehicles and not for business. The vote being: Ayes: Kelly, Swift, Byerly, Sellers, Jones, Wall Noes; None 4. Case Z-02-030 PUBLIC HEARING - Zoning Change from R40 to R20 Single Family Residential on Tract A1F, EA Smith Tracts Addition located at 304 W Van Oaks Drive Clayton Husband presented the case to the Commission and discussed the staff briefing. Chairman Wall opened the public hearing. There being no one present wishing to speak, the public hearing was closed. Commissioner Jones moved to recommend approval of the zoning change from R40 to R20. Commissioner Swift seconded the motion. The vote being: Ayes: Kelly, Swift, Byerly, Sellers, Jones, Wall Noes: None Planning & Zoning Commission Minutes - November 11, 2002 Page 3 of 7 - Dr8tt COpy (11125102) 5. Case Z-02-031 PUBLIC HEARING - Special Use Permit for a cellular tower on Lot 1, Block 2. Leggett, McKithan and Baylock Addition located at 2319 Hall Johnson Road Clayton Husband presented the case to the Commission and discussed the staff briefing. Chairman Wall asked staff what the distance is from the existing tower to the nearest house and what impact an additional 15' of antenna would have on the area. Staff presented an area map that showed where the existing houses were located. Chairman Wall opened the public hearing. Those present wishing to speak were: Peter Kavanagh, Zone Systems, Inc., was present to represent the case. He told the commissioners that there are upgrades planned for the existing area and they will be located in the same fenced area. He told the commissioners that his company sent letters with the plans to the surrounding neighbors. Roger Isbell, 5701 Sycamore, indicated on the map where his lot was located in relationship to the tower. He said that the tower is in full view from his front door and fifteen additional feet will make a difference to him. The Commission asked if the tower was there when he designed and built his house. He responded that it was. Sue Harry, 5606 poplar Court, said she sees the tower from her kitchen sink and a second set of antenna will become an eyesore. She also responded to the Commission's question that the tower was present when she moved into the neighborhood. John Mikolaitis, said he bought the lot at 2309 Hall Johnson Road to build his house and he is concerned about the value of the property in the area. Jeff Sifers, 5709 Sycamore, asked questions about the design of the structure and the tolerance of the tower when it is increased in height. The applicant responded to the questions and told the commissioners and audience that the base of the pole will support the additional height without impairing the structural safety. Guy Willingham, 5705 Sycamore, said that fifteen more feet of tower creates a distraction. He said it will impact the next two lots behind him on Sycamore and he is opposed to the addition. He said the tower was already in place when he moved into the area. Chairman Wall closed the public hearing when there was no one else present wishing to speak. Commissioner Swift asked the applicant what the incidence is of towers falling. Mr. Kavanagh responded that towers are built to withstand winds and a failure may include a bending of the tower but not falling. There was discussion by the applicant and the commissioners about how many towers there are locally and the need to enhance present service and provide for future service. Mr. Kavanagh said that cell sites have maximum capacity and carriers have to split-up existing service. Chairman Wall asked the applicant what the options are if the request was not approved. The applicant said he didn't know what Verizon would do. Staff talked about co-locating existing locations rather than constructing additional towers. Planning & Zoning Commission Minutes - November 11, 2002 Page 4 of 7 - Dl1Ift Copy (11125102) Commissioner Jones moved to recommend approval of the Special Use Permit. Commissioner Kelly seconded the motion. The vote being: Ayes: Kelly, Culley, Swift, Byerly, Sellers, Jones, Wall Noes: None 6. Case Z-02-032 PUBLIC HEARING - Special Use Permit for an accessory building on Lot 1, Slock 1, Mikolaitis Addition located at 2309 Hall Johnson Road Clayton Husband presented the case to the Commission and reviewed the staff briefing. There was discussion about the City purchasing right-of-way from the property owner in order to widen Hall Johnson Road. It was said that it was possible the applicant thought he had a full one-acre of property when he purchased the lot and if that were the case, he would not be required to obtain a special use permit. Chairman Wall opened the public hearing. Those present wishing to speak were: John Mikolaitis, applicant, was present to represent the case. He told the commissioners that he likes to tinker with cars and he intends to build a home on the site. He said he looked at several properties in the areas and chose this property because he thought it was one-acre is size and he would be allowed to build the kind of accessory building he wants on a one-acre parcel, but when he had the property platted, it measured to slightly less than one-acre. He said he plans on storing everything inside the building rather than littering his property with items. He explained the type of construction, size, materials, and color scheme to the commissioners. He said he does plan to build a shop in the building, but only for his personal use. Jeff Seifers, 5709 Sycamore, said many of the neighbors met Mr. Mikolaitis for the first time atthe meeting. He said Mr. Mikolaitis overcame most of their concerns because they anticipated a commercial shop to be built on the property. He said the main concerns are that the types of material be required so to not negatively impact the property values. Roger Isbell, said the applicant allayed some of their concerns, but they would like to hear about the building materials and the value of the metal building. Sue Harry, 5606 Poplar Court, said that first there is a proposed tower and now a metal roof that will glare and it is not attractive. Guy Willingham, 5705 Sycamore Drive, said he would like to see the commissioners require something to blend in with the neighborhood and require a composition roof and the building be built with brick. Craig Lemon, 2305 Mulberry Court, said he already looks at an ugly green building, so he would like to see the proposed building built next to the ugly green building to block his view of it. Planning & Zoning Commission Minutes - November 11, 2002 Page 5 of? - D,.ft Copy (11/25102) Kelly Tuki, 5601 Poplar Court, said they do not want anything that would decrease the property values of the neighborhood that is well kept and they did not want to hear the noise of motors being tested. Chairman Wall closed the public hearing. The applicant, John Mikolaitis, told the commissioners more about his planned building and said he is proposing to build a 2,800 square foot house on the lot and will pave the driveway back to the shop. Commissioner Kelly moved to recommend approval of the special use permit. Commissioner Sellers seconded the motion. The vote being: Ayes: Kelly, Swift, Byerly, Sellers, Jones, Wall Noes: None 7. Case Z-02-033 PUBLIC HEARING - Zoning Change from CPO to PUD-C Planned Unit Development Commercial on Tract A 1, Block 2, Highland Acres located at 5314 Bransford Road Clayton Husband presented the case to the Commission and discussed the staff briefing. There was discussion about how the building is currently vacant and for sale, and how the regulations have changed and CPO is no longer the appropriate zoning district for the use. Chairman Wall opened the public hearing. Those present wishing to speak were: Patsy Ray, 1812 Glade Road, Colleyville, said they have operated a day care associated with their church and have experience and want to increase their ministry by offering an assisted living center. Richard Ray, pastor of Victorious Living Church, Patsy Ray's husband, was also present to speak. He said they desire to provide a quality facility mainly for senior occupants. They said the type of license they have, Type A through the State, limits the type of care they can offer. They explained how they would have a licensed nurse on staff and they could fulfill that position with someone other than a church member. Commissioner Kelly asked the Rays if the ballparks across the street from the building would create problems for their future residents. The Rays responded that the activities in the area would be positive and they want to be in an active zone. There was no one else present wishing to speak and Chairman Wall closed the public hearing. Following discussion by the commissioners, Commissioner Byerly moved to recommend approval of the zoning change from CPO to PUD-C. Commissioner Sellers seconded the motion. The vote being: Ayes: Kelly, Swift, Byerly, Sellers, Jones, Wall Noes: None Planning & Zoning Commission Minutes - November 11, 2002 Page 6 of 7 - ",.ft Copy (11125102) _ ,....~_n~_~~_._.__._.._.._.._" -...----...---.----- 8. Case G-02-029 _ Consideration and discussion of the work plan for the Master Plan update. Barry LeBaron presented the work plan to the commissioners. He gave them the timeline for the Master Plan update and requested that they give their comments to staff with the information they want added. He said that the Planning and Zoning Commission has been charged by the Council to oversee the Master Plan process. There was discussion about surveys, availability of information on the web site, issues and concerns. There was discussion about the possibility of asking for input on the positives in the community rather than framing questions that dwell on negative aspects of the community. Chairman Wall asked the commissioners to keep their calendars open so they can attend upcoming meetings. 9. Staff comments, reports and discussion items. There were none. 10. Commissioners' comments and reports: There was discussion about the possibility of not having a quorum at the next meeting because of the Thanksgiving holiday. The commissioners also discussed the need to reschedule the December meeting to adjust for the holidays. ADJOURNMENT: The Commission moved to adjourn the meeting at9:35 p.m. The motion was seconded and passed by acclamation. Respectfully Submitted, Jan Levy Planning & Zoning Assistant Approved on: NOTE: As a matter of public record, an audio recording of/his Planning and Zoning Commission meeting is available upon request. Planning & Zoning Commission Minutes - November 11, 2002 Page 7 of 7 -&aft Copy (11/25102)