Loading...
HomeMy WebLinkAboutPlanning and Zoning Commission-Minutes-11/24/2003 cc.~ )'c_..~ PLANNING AND ZONING COMMISSION MEETING MINUTES - November 24, 2003 Chairman Wall called the meeting to order at 7 p,m. CALL TO ORDER ROLL CALL Commissioners Bob Culley, Earl Swift, Jeff Byerly, Mark Jones, and Jeff Wall were present. Commissioners Bruce Kelly and Bud Sellers were absent. Barry LeBaron, Clayton Husband, and Jan Levy from staff were present. INVOCATION The invocation was given by Commissioner Wall APPROVAL OF MINUTES November 10, 2003 Commissioner Jones moved to approve the minutes of the November 10, 2003 meeting as written. Commissioner Culley seconded the motion. The motion passed by unanimous acclamation. CITIZEN COMMENTS There was no comment. AGENDA ITEMS 1. Case P-03-034 - Final Plat of Villas del Mar, 4.04 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. There was discussion about the location of the detention pond and how a previous drainage problem associated with the property was resolved. The commissioners also discussed the hike and bike connection, and fencing along the western property line. Commissioner Jones commented that this is an example of how a developer worked with the surrounding neighborhoods, city staff, and the commissioners to develop a unique parcel of property. Commissioner Culley moved to approve the final plat. Commissioner Swift seconded the motion. The vote being: Ayes: Culley, Swift, Byerly, Jones, Wall Noes: None Planning & Zoning Commission Minutes - November 24, 2003 Page 10/5 Draft Copy #1 2. Case Z-03-027 - PUBLIC HEARING - Zoning change from CC2 to CPO on 2.67 acres located at the northeast corner of Heritage Avenue and Gateway Drive Clayton Husband presented the case to the commissioners and reviewed the staff briefing. Chairman Wall read the uses allowed by right in the CPO zoning district. Roland Limosnero, the applicant, was present to represent the case and answer questions by the commissioners. He told the commissioners that he projected that the project would build out in two years. He said he anticipates office uses for accountants and dentists and the buildings would be limited to two stories in height. Chairman Wall opened the public hearing. There was no one present wishing to speak and Chairman Wall closed the public hearing. Commissioner Byerly moved to recommend approval of the zoning change to CPO. Commissioner Jones seconded the motion. The vote being: Ayes: Culley, Swift, Byerly, Jones, Wall Noes: None 3. Case P-03-019 - Final Plat of Whittier Heights, Phase II, 4.128 acres locate at the northeast corner of McDonwell School Road and Providence Road Barry LeBaron presented the case to the commissioners and reviewed the staff briefing, He informed the Commission that a public hearing will need to be held because the final plat includes a replat of a portion of the right-of-way associated with the Whittier Heights, Phase I plat. He explained the reason staff recommended denial of the plat and spoke about the agreement the City made with the developer, David Bagwell, regarding the trails and pathways plan; however, an alternate plan has not been set forth in writing. He explained why a written agreement is needed. Barry explained the history 0 f t he trails planned in the area since 1999 and how the original plan did not include a school that is proposed to be built by the Keller Independent School District in the area. He said that the reason the plat is before the commissioners is because the developer requested the plat to go before the Commission for a vote even though staff believed there were outstanding issues that needed to be resolved. Joe Potthoff, representative of the developer and applicant David Bagwell, was present to represent the case. He gave a time line of how the three properties came together to become the neighborhoods of Whittier Heights and Glenwood. He spoke about the approval of the Latter-Day Saints church site plan and how there was no trail system included. and he gave the chronology of plat approvals in the area. He said there has been a conscious decision by the City to not have a trail along Providence Drive and asked for approval of the plat as presented. Planning & Zoning Commission Minutes - November 24, 2003 Page 2 of 5 Draft Copy #1 The commissioners inquired about the meeting that took place with David Bagwell and the City. There was discussion about the twenty foot strip of property on the plat. Chairman Wall opened the public hearing. Those present wishing to speak were: Linda Baker, 4900 Behrens Road, said she was the former owner of the property that is being platted and she informed the commissioners that there is one thing that is being left out of the discussion. She said that Monica Walsh, from Parks and Recreation and Dianne McWethy, deputy city manager, had met with the developer and offered an alternative plan with a trail through McPherson Park. She said this took place prior to her family wanting to sell their property. She explained how there were no setbacks required in front of Rosewood and how the trail system is already disconnected and will lead to nowhere. The commissioners took a five minute break and resumed the meeting at 8:25 p.m. Commissioner Jones said this is the third or fourth time the issue of the trail has come before the Commission. He said he has seen developers work with staff and come to some conclusion so the Planning and Zoning Commission can move forward. He said the issue moves each time it comes before them and it appears the issue has had time to be sorted out and yet it has not. Chairman Wall said there appears to be a legal issue about whether the zoning ordinance has control over this portion of the property or not. There was further discussion about how the developer offered a more global trail plan and presented it to the City Council and made an agreement, but never signed an agreement. There was discussion about the requirement for sidewalks. The commissioners and staff entered into discussion about the pros and cons of tabling the case so that the trail issues could be worked out, or passing the item onto City Council so they can decide who pays for what and where the trail should be. They talked about the projection by the school district that there will be 450 children attending the elementary school in the area and there will not be buses provided for them and unless there is a trail, it would be difficult for them to reach the school other than by motor vehicles. Commissioner Culley moved to approve the final plat. Chairman Wall seconded the motion. Commissioner Culley made the comment that there is a continuation of the problem and there is nothing technically wrong with the plat so by them passing the plat onto the City Council it will give everyone an opportunity to resolve the problem and approve the plat by the next body of officials. Commissioner Byerly said he supports Commissioner Culley's position, but does not agree with it. Chairman Wall said it makes sense to move the plat onto City Council and is the smart thing to do. He said if staff is not able to resolve the trail issue with the developer, City Council might be able to do so. Planning & Zoning Commission Minutes - November 24, 2003 Page 30f5 Draft Copy #1 Chairman Wall called for the vote. The vote being: Ayes: Culley, Swift, Byerly, Jones, Wall Noes: None Chairman Wall urged the commissioners to write a letter to the City Council laying out their concerns. He spoke about the difficulty they face with dealing with legal issues because the City Attorney is not in attendance at the Planning and Zoning Commission meetings. 4. Discussion of the Master Plan Update: Barry LeBaron told the commissioners that copies of the Economic Development Task Force Report have been distributed and how it will be incorporated into the Master Plan draft. He said he planned on having a draft copy prepared in early December and after the first of next year will get the neighborhoods together. He said he foresaw scheduling two neighborhood meetings. Jeff Wall offered his assistance to work on the Master Plan. Barry LeBaron said he could possibly conduct goal setting meetings before the end of the year. 5. Staff Comments, Reports and Discussion Items: There was discussion about attendance at the December 22, 2003 meeting to determine if there would be a quorum. 6. Commissioners' Comments and Reports Commissioner Jones requested that his comments be included in the minutes for the record. He displayed an article that appeared in the Colleyville Courier newspaper and expressed disappointment that it was written that the Planning and Zoning Commission's business was being affected by the political process of the City Council making appointments to the Planning and Zoning Commission and the Mayor vetoing the appointments. He said that during his tenure the Commission has never had to cancel a meeting due to a lack of a quorum and he called the reporter from the Colleyville Courier and questioned his comments. He said he was told by the reporter that the comments were made by Councilman Ayers. Commissioner Jones said that he finds it inappropriate that an elected official would make political comments directed a t the Planning and Zoning Commission that are false and politically motivated because the Commission has not let politics enter into their decisions. He said it has been his privilege and pleasure to serve for the last two-plus years on the Planning and Zoning Commission. Planning & Zoning Commission Minutes - November 24, 2003 Page 4 of 5 Draft Copy #1 The Commission adjourned the meeting at 9:25 p.m. by acclamation, Respectfully Submitted, J an Levy Planning & Zoning Assistant Approved on: 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 - November 24, 2003 Page 5 of 5 Draft Copy #1