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HomeMy WebLinkAboutPlanning and Zoning Commission-Minutes-12/2/2002 [-- PLANNING & ZONING COMMISSION Meeting Minutes - December 02, 2002 Chairman Jeffrey Wall called the regular meeting of the Planning and Zoning Commission to order at 7:00 P.M. on December 02,2002. Roll Call: Present: Bruce Kelly, Bob Culley, Earl Swift, Jeff Byerly, Bud Sellers, Mark Jones, Jeff Wall Staff: Barry LeBaron, Clayton Husband, Jeff Jones, Jan Levy Invocation: Chairman Swift Pledge of Allegiance Approval of Minutes: November 11, 2002 Commissioner Swift moved to approve the minutes of the November 11, 2002 meeting as corrected (strike Culley from the vote on item #5). Commissioner Culley seconded the motion. The motion passed by unanimous acclamation. 1. Case P-02-045 - Minor Plat of Lot 3R, Block 2, Thompson Terraces, 0.4841 acres located at 5009-5013 Thompson Terrace Clayton Husband presented the case to the commissioners and reviewed the staff briefing. Chairman Wall asked questions about the variance the applicant requested from the Zoning Board of Adjustment and there was discussion about the Board's authority to approve variances and the Commission's authority to approve plats. Commissioner Kelly moved to approve the plat. Commissioner Swift seconded the motion. The vote being: Ayes: Kelly, Culley, Swift, Byerly, Sellers, Jones, Wall Noes: None 2. Case P-02-046 - Amended Plat of Lots 40-R-1 and 41-R-1 , Village at Colleyville located at 85 and 97 Piazza Lane Clayton Husband presented the case to the commissioners and reviewed the staff briefing. There were no questions by the commissioners. Planning & Zoning Commission Minutes - December 2, 2002 Page 1 of 8 - Draft #1 Commissioner Byerly moved to approve the plat. Commissioner Jones seconded the motion. The vote being: Ayes: Kelly, Culley, Swift, Byerly, Sellers, Jones, Wall Noes: None 3. Case Z-02-034 PUBLIC HEARING - Zoning Change from AG to PUD-C Planned Unit Development Commercial on 4.268 acres located on the east side of Colleyville Boulevard, north of Tarrant Lane Clayton Husband presented the case to the commissioners and reviewed the staff briefing. There was discussion about the access from Colleyville Blvd. to the property and the location of the current automotive business. Chairman Wall opened the public hearing. Those present wishing to speak were: Dwayne Young, 608 Sabine Court, Hurst, the applicant forthe case. Commissioner Sellers asked Mr. Young about the communications the developer had with the surrounding property owners. Mr. Young said that in response to the communications with the residents in Ross Downs, the developer relocated the automotive use from where it was on the original site plan to a location farther away from the homeowners. Commissioner Jones asked Mr. Young about the plans for the fence between the commercial businesses and the residential areas. Mr. Young said that they will replace any existing fence with an 8-foot wood fence and that was acceptable to the homeowners in Ross Downs. Commissioner Sellers asked Mr. Young about the kinds of businesses he plans on locating near the residential property. He responded that they plan on locating offices with warehouses in that location similar to the business at 1900 & 1904 Industrial Blvd. He said they will landscape the front of the buildings and the buildings would face toward Highway 26. Commissioner Jones asked Mr. Young about the access to the property. Mr. Young said the access would be off the old Ross Downs entrance and there will be a quit claim filed prior to the plat being brought to the City for consideration. He said they will improve the area and they don't want any existing buildings along Hwy. 26 to lose access from the old Ross Downs roadway. He said they will improve the property where the access is located, not the entire length of the property Mr. Young pointed out on the overhead where they plan on having access to the property Commissioner Swift asked about the proposed tenants. Mr. Young said they would keep one automotive shop so that Hodges Automotive could continue with their business. He said the other tenants would be similar to the businesses on Industrial Boulevard. Commissioner Swift expressed concerns about the intersection that would be created on Highway 26 for access to the property. He said the condition of the current roadway is dilapidated and should not be used to Planning & Zoning Commission Minutes - December 2, 2002 Page 2 of 8 - Draft #1 access the secondary entrance. He recommended that the applicant improve the entire roadway along the property. Chairman Wall said there was a letter from Bill Ingle in the packet it said they would target retail showroom businesses and requested businesses that are allowed in CC1 & the ML districts to be allowed. Chairman Wall said that he would like to see convenient stores and veterinarian offices with kennels not be allowed. The applicant said it would be all right with him if they eliminated those uses from the PUD-C. Mr. Young said they also wanted retail so that future retail tenants would not have to get a Special Use Permit every time they wanted to locate in the center. Jim Graham, 6616 McMakin Court, said he had issues with the original site plan and was satisfied with the applicant relocating the proposed automotive business. He said the fencing and drainage plans were acceptable to him due to the proposed project being located at a higher elevation and the water will drain toward Highway 26. Mr. Graham asked if Hodges Automotive would relocate within the development, where would they conduct business in the interim? He said the neighbors agreed that if anything is built on the property, it would be better than the current conditions. He said that he would like assurance the City will enforce the codes so the property does not fall into disrepair like the businesses that are already there. He told the commissioners that the applicants held a meeting for the residents in the area in early November and he was the only one from the area who attended the meeting. Antionetta Mooney, 404 Oak Valley Drive, indicated on the map that she owned the property that is located in front of the proposed access. She said the road behind her property is not a dedicated road and she owns % of the roadway. She said she owns the piece they want to build an access on and she has a deed that says she owns the road. There was discussion by the commissioners, Ms. Mooney, staff, and the applicant about the roadway. Kenneth McEntire, 6608 Baker Court, said he lives behind Mr. Hodges business and has had many fence problems. He said a wooden fence is not acceptable to him and with additional uses, there will be additional problems. He said the City does not enforce the Agricultural zoning district regulations on the property now, so he is concerned they will not enforce the regulations for other businesses. Mr. McEntire said access to the property is a problem and a vehicle will have to make a 180-degree left turn from the property when it exits to the south. He said this property is significantly higher than the residential property and drainage is a problem. He suggested that a masonry fence would help block the water. Bill Ingle, 7510 Davis Blvd., said he did not realize that Ms. Mooney owned the property and he spoke with Mike Foster who has a business on her property and everything was fine with Mr. Foster. He said he will discuss their plans with Ms. Mooney and they will be surveying and preparing easements for the entrance. He said there are other options available to them if they need to move the entrance to the property further south on Mr. Charlie Daniels property. He said they sent notices to the residents on Baker Court, McMakin Court and three properties on Tarrant Parkway and only one person showed up at the informational meeting. Mr. Ingle said they plan to build an eight-foot cedar fence with capstones. He said this will be a $4,000,000 project and the engineering will be done at time of platting. He said there will be no kennels and they want businesses that need a showroom in order to take care of a niche. He said Planning & Zoning Commission Minutes - December 2, 2002 Page 3 of 8 - Draft #1 they will rent for $12.50 to $13.00 per square foot and those kinds of businesses will generate tax revenues for the City. Mr. I ngle answered questions by the commissioners regarding signage and access. He said they must have a nice entrance in order to sell the development. He spoke about the businesses at 1904 Industrial Blvd. and said the owner of those buildings plans on developing this project. There was no one else present wishing to speak, and Chairman Wall closed the public hearing. Commissioner Sellers asked Fire Marshall Jeff Jones about the secondary access and the roadway. Jeff Jones said the fire department is not opposed to the zoning and they will address the access and roadway locations at time of platting and site plan approval. Barry LeBaron gave background on the project and said ideally all of the surrounding properties that face on Highway 26 should package the zoning change together, but that would not happen. He said the commissioners should envision what the proposed development would look like and if they would want a dedicated street up to the second entrance they need to make it known to the developer and possibly resolve that issue at the time of zoning. He said that even though this is a land use issue, they need to let the developer know what their expectations are so the developer can decide if he should proceed with the project. He said those kind of issues need to be resolved up-front. He addressed concerns about non-conforming uses in the current AG zoning. He advised the commissioners that they need to tie down the location of the auto use within the development, address the access locations, fire lanes, and uses. Commissioner Kelly asked questions about the kinds of restrictions they can put into the PUD ordinance He said the kinds of lighting and the hours of operations for businesses within the development needed to be addressed by the developer. Commissioner Kelly said the developer needs to come to them with specifics so the commissioners don't have to design the project. He said he would like to see the following issues addressed: types of lighting, especially as it affects the homeowners at the back ofthe development; hours of operation; types of establishments not allowed by eliminating the unacceptable uses in the ML and CC categories; a fence design that is acceptable to the neighbors; access, including the intentions for a roadway and the type of roadways to be constructed to and within the development; and the exact location of the automotive business within the development. Commissioner Jones said they need to encourage the developer to come back with a pro-active approach rather than the commissioners taking a restrictive approach. Commissioner Sellers said if they want the developer to come back at the next meeting, they needed to give him directions. Commissioner Sellers said the drainage will be taken care of at the time of platting, and said he felt they needed more information from the developer. Commissioner Culley moved to table the item. Commissioner Culley withdrew his motion and asked that the rules be suspended so that the developer's representative could speak. Commissioner Jones seconded the motion to suspend the rules. The motion passed by acclamation. Planning & Zoning Commission Minutes - December 2, 2002 Page 4 of 8 - Draft #1 Bill I ngle asked the commissioners to give him direction as to what uses they would not like to see operate within the development. They were: building material sales with outside storage; veterinarian office with kennels; and pawn shops. Commissioner Culley moved to table the item. Commissioner Sellers seconded the motion. The vote being: Ayes: Kelly, Culley, Swift, Byerly, Sellers, Jones, Wall Noes: None 4. Case Z-02-035 PUBLIC HEARING - Amendment to the PUD-R (0-02-1364) for Lonesome Dove Estates Phase 3, 19.405 acres located on the south side of L.D. Lockett Road near Precinct Line Road Clayton Husband presented the case to the commissioners and reviewed the staff briefing. Commissioner Culley asked staff if any part of the open area is included in the detention plan. Staff said that part of the PUD-R did not change. They said the only change on the development was the lot that was designated for commercial use on L.D. Lockett. Commissioner Culley said he has had feedback from citizens that including detention ponds within subdivisions as open space does not lend to recreational uses. He asked staff if that was the intent of open space within PUD's. Staff responded that over the course of time the use has developed that way and the implementation of the drainage policy encourages that kind of use and it is often times more desirable to have a more passive use than an open park. Commissioner Jones asked staff about staffs recommendation. Staff explained their position and said that when the developer was before the City Council, there was discussion about eliminating the commercial use entirely from the development. It was decided that the developer should proceed with the zoning as it was presented to Council and then amend the request at a later date. Chairman Wall opened the pu blic hearing. The public hearing was closed because there was no one present wishing to speak. The developer's engineer, Joseph Rueu, Washington & Associates, was present at the meeting and the commissioners did not have questions for him. Commissioner Jones moved to approve the amendment to the PUD-R. Commissioner Culley seconded the motion. The vote being: Ayes: Kelly, Culley, Swift, Byerly, Sellers, Jones, Wall Noes: None 5. Case Z-02-029 TABLED ITEM - Special Use Permit for an accessory building on Lot 1, Block 3, Sunrise Terrace Addition located at 1205 Glade Road Planning & Zoning Commission Minutes - December 2. 2002 Page 5 of B - Draft #1 Commissioner Jones moved to remove the case from the table. Commissioner Swift seconded the motion. The vote being: Ayes: Kelly, Culley, Swift, Byerly, Sellers, Jones, Wall Noes: None Clayton Husband presented the case to the commissioners and reviewed the staff briefing. He distributed e-mails he received with concerns by people who spoke at the previous meeting. Terry Grisso, the applicant, was present to represent the case. He responded to Commissioner Swift's comments about the garage being used only for residential purposes and said there would be no commercial use of the garage. Mr. Grisso said the garage is smaller than the house and there are already four metal garages in the block. He said there is a metal garage with a slanted roof that looks like a lean-to located one block over on Oak Timbers. He said that he plans to incorporate designs so the garage will look good. Commissioner Swift said there is a common theme that he has heard from the neighbors and that is the number of cars and the condition of the cars. He said the applicant mentioned that he has two cars that are registered out-of-state and that is illegal in Texas. He discussed with the applicant the type of driveway that is planned and the location of fencing. Mr. Grisso said he plans on having a gravel driveway and will keep all cars inside the garage. He said there will be a six foot fence and indicated the location on the overhead Commissioner Culley asked the applicant what the distance is from the proposed garage to the neighbor's house. Mr. Grisso responded that the distance will be approximately seventy feet and the neighbor has not responded to the notice of public hearing. Commissioner Sellers asked Mr. Grisso if he plans on using brick facing to match the house. Mr. Grisso displayed a picture of the proposed garage and said he may place brick on the garage in the futu re Mr. Grisso told Chairman Wall that he planned on using gravel up to the garage and did not plan on having a concrete apron. He said he has a gravel circular drive in front of his home. Chairman Wall said the neighbors want assurance there won't be six vehicles in the garage plus another six cars on the property. The applicant said he does not plan on having any outside storage. The commissioners entered into discussion with the applicant about placing restrictions in the ordinance to limit vehicles; building design: driveway materials, the aesthetics of a metal building; and the need to brick a portion of the building. Commissioner Swift said he felt the following conditions needed to be met: the applicant would pave the driveway off the main road. the garage roof would match the house using similar shingles, the street side of the garage needs to be bricked; the columns between the garage doors need to be bricked; the exterior walls need to be ribbed 29 gauge panels painted to match the house', and the 8' by 8' tin shed needs to be removed. Following discussion, Commissioner Swift moved to approve the Special Use Permit with the following conditions: . the applicant will pave the driveway off the main road; Planning & Zoning Commission Minutes - December 2, 2002 Page 6 of 8 - Draft #1 . the garage roof will match the shingles on the house; . the street side of the garage will be bricked; . the columns between the garage doors will be bricked; . the exterior walls will be constructed of ribbed 29 gauge panels painted to match the house; and . the 8' by 8' tin shed will be removed. Commissioner Sellers seconded the motion. The vote being: Ayes: Kelly, Swift, Byerly, Sellers, Noes: Culley, Jones, Wall [Note: The motion to approve passed. The City Charter states, "no action shall be approved with less than four (4) affirmative votes.'1 6. Staff comments, reports and discussion items: Staff informed the commissioners that staff would be meeting on Thursday regarding the Master Plan schedule and would advise them of upcoming meetings. 7. Commissioners' comments and reports: Chairman Walt asked the commissioners to keep time open for Master Plan meetings. ADJOURNMENT: The Commission moved to adjourn the meeting at9:10 p.m. The motion was seconded and passed by acclamation. Respectfully Submitted, Jan Levy Planning & Zoning Assistant Planning & Zoning Commission Minutes - December 2, 2002 Page 7 of 8 - Draft #f