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)