Loading...
HomeMy WebLinkAboutPlanning and Zoning Commission-Minutes-1/12/2004 (2) ccen$ rex,,'" PLANNING AND ZONING COMMISSION MEETING MINUTES - January 12, 2004 CALL TO ORDER Chairman Wall called the meeting to order at 7:30 p.m. ROLL CALL Commissioners Bruce Kelly, Bob Culley, Jeff Byerly, Mark Jones, and Jeff Wall were present. Commissioners Earl Swift and Bud Sellers were absent. Barry LeBaron, Clayton Husband, and Jan Levy from staff were present. INVOCATION The invocation was given by Commissioner Kelly APPROV AL OF MINUTES December 8, 2003 Commissioner Byerly moved to approve the minutes of the December 8, 2003 meeting as written. Commissioner Kelly seconded the motion. The motion passed by unanimous acclamation. CITIZEN COMMENTS There was no comment. AGENDA ITEMS 1. Case P-04-001 - Minor Plat of Lot 1, Block 1, LeGrand Addition, 0.5507 acres located at 302 Bandit Trail Clayton Husband presented the case to the commissioners and reviewed the staff briefing. There was discussion by the commissioners regarding the location of the lot, the width of the lot outside of the platted area to the east, and the lack of an impact on the drainage in the area because of this plat. Commissioner Culley moved to approve the minor plat. Commissioner Jones seconded the motion. The vote being: Ayes: Kelly, Culley, Byerly, Jones, Wall Noes: None 2. Case P-03-036 - Final Plat of Lots 1-6, Block 1, Heritage Office Park, 3.7118 acres located at the northeast corner of Gateway Drive and Heritage Avenue Planning & Zoning Commission Minutes - January 12, 2004 Page 1 of 10 Approved on January 26, 2004 Clayton Husband presented the case to the commissioners and reviewed the staff briefing. Chairman Wall asked when staff would review the drainage plan for the subdivision. Staff responded that it would review the drainage at the time of a site plan. Jennifer Lismosneros was present to represent the case. Commissioner Culley asked her if they currently have any leases for the lots. She said that there are several physicians waiting for the plat to be approved and they anticipate completing the subdivision in approximately six to eight months. Commissioner Jones moved to approve the final plat. Commissioner Kelly seconded the motion. The vote being: Ayes: Kelly, Culley, Byerly, Jones, Wall Noes: one 3. Case P-04-002 - Final Plat of Lots 1-5, Block 1, Maass Estates, 9.544 acres located at 2113 Glade Road and 4800 Bill Simmons Clayton Husband presented the case to the commissioners and reviewed the staff briefing. There was discussion about the location of the lots and the existing home on one of the lots. Staff informed the commissioners that the applicant had submitted a plan for the drainage and it was reviewed by the engineering staff and meets the requirements of the Land Development Code. Barry Mitchum was present to represent the case. Commissioner Culley asked if he had plans to tie into the new subdivision that was under construction to the west. He responded that he did not have ownership of any other property adjacent to his and would not tie into the subdivision. There was discussion about fencing adjacent to the new subdivision being built to the west and the applicant said he did not want to interfere with Beldon Hollow's screening plan so he didn't establish fencing requirements on his lots. Commissioner Byerly moved to approve the final plat. Commissioner Culley seconded the motion. The vote being: Ayes: Kelly, Culley, Byerly, Jones, Wall Noes: None 4. Case P-04-003 - PUBLIC HEARING - Replat of Lot 1, Block 1, The Bridges at Riverwalk, located the northeast corner of Glade Road and Riverwalk Drive Clayton Husband presented the case to the commissioners and reviewed the staff briefing. Planning & Zoning Commission Minutes - January 12. 2004 Page 2 of 10 Approved on January 26, 2004 The commissioners entered into discussion about the mutual access easement that connects to Stone bridge Drive and the planned access onto Glade Road for the commercial lots. Clayton told the commissioners that there is a pending site plan on Lot 3 and the lots meet the requirements of the CN zoning district. David Hannah was present to represent the case. Commissioner Kelly asked if the existing residents were notified this was a commercial lot within the subdivision. Mr. Hannah said they were and he is the developer of both the residential and the commercial portions of the subdivision. He said he wants to develop the commercial lots immediately and will put in the utilities on Lot 3 when the plat is finalized. He said the design of the commercial buildings will also be European and compliment the residential development. He said the business owners will not be living at the commercial sites; the buildings will only be used for commercial purposes. Chairman Wall opened the public hearing. There was no one present wishing to speak and the public hearing was closed. Commissioner Culley moved to approve the replat. Commissioner Kelly seconded the motion. The vote being: Ayes: Kelly, Culley, Byerly, Jones, Wall Noes: None 5. Case P-04-004 - PUBLIC HEARING - Final Plat of Old Grove Addition, including a replat of Lots 44,45, 46X and 47X, Block A, Whittier Heights Addition, 45.459 acres located south of John McCain Road, northwest of Westmont Chairman Wall made a statement that the Developer of Old Grove has filed an alleged ethics violation against him and he recused himself from the Commission for this item. He said that Vice Chairman Mark Jones would chair the item. The Commissioners took a break and reconvened the meeting at 8:00 p.m. Barry LeBaron presented the case to the commissioners and reviewed the staff briefing. He explained the change in the traffic access throughout the subdivision and the elimination of an entrance for general traffic onto John McCain Road. He spoke about the traffic study and the proposed improvements to McDonwell School Road to help facilitate the traffic movement in the area. The commissioners entered into discussion about the proposed fire lane onto John McCain and the existing access for the residents of the Niedholt Addition. Vice Chairman Jones opened the public hearing. Those present wishing to speak were: Josh Coleman, 7204 John McCain Road, said he likes the change and it solved a problem. He asked the commissioners to consider passing recommendations that the fire line will permanently stay a fire lane, and the fire lane would be constructed of materials that are visibly Planning & Zoning Commission Minutes - January 12, 2004 Page 3 of 10 Approved on January 26,2004 appealing. He said he is still concerned about drainage in the area and the impact all developments have on John McCain Road. Beth Battles, 101 John McCain Road, said the access onto John McCain has been resolved. Carol Parker, 105 W. John McCain Road, expressed concerns about losing trees to the creation of the fire lane, and asked questions about the design of the fire lane. She said that there needs to be reflectors in the area to deter people from missing the turn at John McCain Road. She also said she supports the plan. Grady Walker, 7309 John McCain Road, said they were able to achieve the best of both worlds. He said he believes the developer will address any concerns regarding landscaping. AI Zimm, 7209 John McCain Road, said he endorses the plan because there will be less traffic on John McCain. He said there is still a water problem and the subdivision will have an effect on his property. He requested that the water studies be closely looked at. There was no one else present wishing to speak, and the public hearing was closed. Eddie Eckart, Goodwin and Marshall, representing the developer, was present. He answered questions about the design of the fire lane and the developer's intent to create a fire lane that was landscaped and appealing. He said the details need to be worked out with the Fire Marshal. He said he hoped there is a better opportunity to save trees in the area by only having a fire access rather than a fully constructed street. He addressed questions about the left turn lane on McDonwell School Road. Barry LeBaron addressed questions about the permanency of the fire lane and told the commissioners that if any changes in the roadway designs were requested, it would require an amendment to the PUD and that would have to be considered by the Commission and Council with public hearings being held. Eddie Eckart said the developer requested changes in street names; because the subdivision is going back to the name of Old Grove and the approved street names reflected the theme and name of Emerson Estates. He addressed comments by Mr. Zimm regarding the drainage analysis. Commissioner Culley said there have been contentious meetings previously trying to develop the property, but they have been productive. He said he is satisfied that the surrounding citizens who spoke tonight were in favor of the changes. Commissioner Byerly moved to approve the final plat including the replat. Commissioner Culley seconded the motion. The vote being: Ayes: Kelly, Culley, Byerly, Jones Noes: None Chairman Wall returned to the Commission. Planning & Zoning Commission Minutes - January 12, 2004 Page 4 of 10 Approved on January 26, 2004 6. Case P-04-006 - Minor Plat of Lot 1, Block 1, The Estate, 1.234 acres located at 2900 Glade Road Clayton Husband presented the case to the commissioners and reviewed the staff briefing. He said the owner of the property wants to build a new house on the property then remove the existing house. The commissioners entered into discussion about the current accessory building on the property and the impact it would have on the future development of the property. The applicant, Robert Johnson, was present to represent the case. He said the accessory building will stay on the property and be located behind the new home. He said the accessory building is approximately 800 square feet in size and meets the size requirements for the square footage of the lot. Commissioner Jones moved to approve the minor plat. Commissioner Kelly seconded the motion. The vote being: Ayes: Kelly, Culley, Byerly, Jones, Wall Noes: None 7. Case Z-04-001 - PUBLIC HEARING - An amendment to the PUD-C for the Village at Colleyville (0-02-1337.4) regarding security fencing and walls Barry LeBaron presented the case to the commissioners and reviewed the staff briefing. Dee McNosky, the owner of the property at 5108 Pleasant Run Road, gave a history of how the requirement for a perimeter fence around her property came into being. She said they no longer needed the legislation because they will rely on the relationship they have with the developer and a natural screening would be decided on mutually between them. She said this will take the burden of enforcement off of the City. Jimmy Archie, Realty Capital, 32 Village Lane, said they plan on planting a natural landscape screen. Commissioner Culley asked Mr. Archie if the owners of the town homes being developed in the area will know about the proposed landscape screening. Mr. Archie said there is an existing four foot chain link fence and they will plant shrubs that will be six to eight feet tall and will present the plan to future buyers. Chairman Wall opened the public hearing. There was no one present wishing to speak, and the public hearing was closed. Commissioner Culley moved to recommend approval of the amendment to the PUD-C. Commissioner Jones seconded the motion. The vote being: Ayes: Kelly, Culley, Byerly, Jones, Wall Noes: None Planning & Zoning Commission Minutes - January 12, 2004 Page 5 of 10 Approved on January 26, 2004 8. Case Z-04-002 - PUBLIC HEARING - Zoning Change from CC1 to PUD-C Planned Unit Development Commercial on 1.96 acres located at 5217 Pleasant Run Road Barry LeBaron presented the case to the commissioners and reviewed the staff briefing. He said there would be eight sites with future development of condominiums and an office center. He said a portion of the property is in the flood plain and when the property is platted the developer would be required to submit a drainage study. There was discussion about the property being marketed as a part of the Village of Colleyville and the reason the Village ordinance was not expanded to include this property. Mr. LeBaron said the proposed ordinance mirrors the Village at Colleyville ordinance. Tom Miller, applicant, was present to represent the case. He told the commissioners that he is also a general partner in the Village at Colleyville, and he intends to build his company office on this location. He said the marketing plan is the same as the Village at Colleyville and the property will also be developed as residential so as to not conflict with the concept of retail being located in the center of the Village at Colleyville with residential on the outer perimeters. Richard Myers, 300 Lloyd Circle, the developer of the Village at Colleyville, said he is in support of the request and imitation is the sincerest form of flattery. Chairman Wall opened the public hearing. There was no one present wishing to speak, and the public hearing was closed. Commissioner Culley said that with the idea that the subdivision would be planned and developed to coordinate with the Village at Colleyville and Richard Myers is in agreement, he would recommend approval. Commissioner Jones moved to recommend approval of the zoning change request. Commissioner Kelly seconded the motion. The vote being: Ayes: Kelly, Culley, Byerly, Jones, Wall Noes: None 9. Case Z-04-003 - PUBLIC HEARING - Zoning Change from CC1 to PUD-R Planned Unit Development Residential on 8.782 acres located at 5850 Colleyville Boulevard Clayton Husband presented the case to the commissioners and reviewed the staff briefing. He informed them that the recommendation for denial was due to the noncompliance with the Master Plan. The commissioners and staff entered into discussion about the location of the GCISD site that is adjacent where the developer proposes to have a fire access lane. There was discussion about the location of the elementary school entrance and the distance between that and the proposed entrance into the subdivision. Staff talked about the provisions in the Land Planning & Zoning Commission Minutes - January 12, 2004 Page 6 of 10 Approved on January 26, 2004 Development Code that provide for offsite dedication of property in lieu of open space within a subdivision. Gary Cantrell, 3400 Glade Road, the applicant and developer, was present to represent the case. He said the property is not suited for commercial development because of the limited visibility along Colleyville Boulevard. He said he proposes that six of his residential lots will back up to 6 Y2 lots in Pecan Estates and the value of the homes he is proposing will be in the $300,000 range while the values in Pecan Estates are between $175,000 and $280,000. Mr. Cantrell distributed pictures of subdivisions in Colleyville that are comparable to what he is proposing. Mr. Cantrell informed the Commission about his conversations with the GCISD and how they have a meeting scheduled on January 2ih to discuss his proposal to build a practice baseball field on the GCISD property. He said the perspective people who will purchase lots in Tuscany will not use open space and he will hire a landscape designer and architect to build the park on the GCISD property at the same time he builds the improvements for Tuscany. He said he will improve the existing fire lane on the GCISD property. Mr. Cantrell said his subdivision will generate $12 million in real tax base. He said this would not be a gated community, the baseball field would not be lighted, and he would add a parking area for the practice field so that people could drop their children off and pick them up. Chairman Wall opened the public hearing. Those present wishing to speak were: Jim Vaughan, 5812 Ponderosa, asked questions about a fencing plan on the north side of the development; ingress and egress for the school access; and deed restrictions. He talked about the traffic problems on Colleyville Boulevard and how this subdivision will exacerbate the problem. He said he doesn't want zero lot line homes with no green space and made comments about the amount of green space being proposed. He said he wanted the rear setback lines to be increased to 25'. Craig Stevens, Atlanta Drive, owner of Caliber Auto, asked questions about the design of the sanitary sewer and the drainage for the area. David Englehardt, 5808 Pond Court, spoke about the drainage at the entrance at Hardage and how the area is a low spot and floods. He said he had concerns about the lack of open space, the gravel roadway on the school site, the high density, and the lack of access to the school sight for the children who currently cross the property from Pecan Estates going to school. He said it would be dangerous for them to walk along Colleyville Boulevard. There was no one else wishing to speak, and Chairman Wall closed the public hearing. Commissioner Culley said as the City nears build-out, they will have to consider creative ways to develop property. He discussed the marketing plan with the developer and the future development of the property to provide for the targeted market. The developer, Gary Cantrell, entered into discussion with the commissioners about the open space concept and how the residents and also Colleyville residents will benefit from the improvements on the GCISD property. There was discussion about the potential increase in rear setbacks and the improvements that will be made to facilitate better drainage in the area. Planning & Zoning Commission Minutes - January 12, 2004 Page 7 of 10 Approved on January 26,2004 They discussed how students currently cut through the vacant property to get to school and also the need for baseball practice fields in Colleyville. Commissioner Byerly expressed his desire to see commercial development in this area and the problems he saw with the PUD-R. He said his children attend Colleyville Elementary School and he does not want to see a subdivision emergency access on school property. He said that additional traffic to drop off and pick up children for practice fields will only make the traffic problem worse. Commissioner Jones said this is a unique parcel of land and the biggest issues with developing the property are not resolved. He spoke about the upcoming update to the Master Plan and how he is willing to recommend they table the case to allow the developer to come back with a plan after he meets with the GCISD. Commissioner Kelly spoke about the impact the widening of Highway 26 may have on the property and how the improvements of Colleyville Boulevard may change the future use. He said he felt changing the zoning of the property may be too premature at this time. Chairman Wall said he did not hear a consensus from the Commission and they can either table the case or deny the rezoning request. Commissioner Jones moved to table the rezoning request. Commissioner Culley seconded the motion. The vote being: Ayes: Culley, Jones, Wall Noes: Kelly, Byerly Commissioner Byerly moved to deny the rezoning request. Commissioner Kelly seconded the motion. The vote being: Ayes: Kelly, Culley, Byerly Noes: Jones, Wall Commissioner Byerly asked that the rules be suspended so they could ask the developer to address the Commission. Gary Cantrell told the commissioners that he would rather table the case so that he has an opportunity to consider the comments that were made at the public hearing and re-present the case at the next meeting. Commissioner Culley moved to table the rezoning request. Commissioner Jones seconded the motion. The vote being: Ayes: Kelly, Culley, Byerly, Jones, Wall Noes: None 10. Case Z-04-005 - PUBLIC HEARING - Zoning Change from CN and AG to CC2 Shopping Center Commercial on 1.78 acres located at 3798 Glade Road Planning & Zoning Commission Minutes - January 12, 2004 Page 8 of 10 Approved on January 26, 2004 Commissioner Byerly recused himself from the Commission's discussion of this item. He said there may be a potential conflict of interest since he represents a nearby property owner on the sale of her property. Clayton Husband presented the case to the commissioners and reviewed the staff briefing. He said the staff's recommendation for denial was due to technical non-compliance with the Master Plan. Derek Neubauer, owner and applicant, was present to represent the case. He said a portion of the property has been commercial for over twenty years and it is surrounded by three churches and neighborhoods. Chairman Wall opened the public hearing. Those present wishing to speak were: Ron Rickman, 3604 Cotswold, spoke in opposition. Terry Hansen, 4904 Prestwick Drive, spoke in opposition and said they already have every imaginable service within close distance and Colleyville needs to keep the integrity of property values and follow the 1999 Master Plan. Meg Davis, 3606 Lauren Place, spoke in opposition. Joel Hillman, 4900 Prestwick, spoke in opposition and mentioned the effect commercial would have on traffic and how this area is the gateway to residential communities. Bruce Miller, 3609 Wexford Court, spoke in opposition and said that 40% of his neighborhood is in opposition. He said that west of Walgreens the community enjoys churches and residential neighborhoods. Jim Sharp, 3609 Amberly Court, said he is strongly opposed to the zoning change. He explained how he moved back to area and chose Colleyville over Grapevine because of the way the communities have developed with Colleyville preserving the residential areas. He talked about traffic issues and the number of accidents in the area. Christy Kongsataya, 3605 Amberly Court, spoke in opposition. She said they lost the pasture land behind them to Target and there is now more noise, more concrete and this commercial development will add even more noise. She said people use her driveway to turn around in rather that turning around in the court. Reuben Huddleston, 4712 Prestwick Drive, spoke in opposition and said he has lived in the area for twelve to thirteen years and relied on the Master Plan. He spoke about the negative effect the development would have on traffic and he is opposed to commercial encroachment. Tom Pitts, 3605 Wexford Court, said he has taken an active role in the City and was a part of the Master Plan meetings. He said he is surprised the property is zoned CN because in all Master Plan maps the property is residential. He spoke about intersection improvements in the area and the problem access to this commercial development will create. He said he is opposed. Gary McKinsey, 4600 Prestwick Drive, said he is strongly opposed. He gave a history of St Mary's attempt to rezone their property. He said there have been four automobile accidents in Planning & Zoning Commission Minutes - January 12, 2004 Page 9 of 10 Approved on January 26, 2004 front of Prestwick Park in the last twelve months. Tim Meeker, 3609 Winewood Place, spoke in opposition. He asked people who were in opposition of the zoning change to stand and asked the commissioners to deny the case and override one person's desire to make money. There was no one else present wishing to speak, and Chairman Wall closed the public hearing. Chairman Wall said the property was already zoned CN and he read the permitted uses in the CN Zoning District from the Land Development Code. Commissioner Culley said they can deny the zoning change because of the non-compliance with the Master Plan and he does not want to see a shopping center on the property. He encouraged the neighbors to continue their efforts to not allow the expanded uses since this is a transitional piece of property. Chairman Wall moved to recommend denial of the zoning change request. Commissioner Culley seconded the motion. The vote being: Ayes: Kelly, Culley, Jones, Wall Noes: None 11. Discussion of the Master Plan Update: There was discussion about scheduling two work shop meetings prior to scheduling neighborhood meetings. There was also discussion about how other cities rezone property at the time they are updating their Master Plans. 12. Staff Comments, Reports and Discussion Items: There were none. 13. Commissioners' Comments and Reports: There were none. ADJOURNMENT The Commission adjourned the meeting at 11 :00 p.m. by acclamation. /.~~~~\ec;~~.l1:litted' 7ntle~~:;r- ~n~ing & z~ Assistant Approved on: January 26, 2004 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 - January 12, 2004 Page 10 of 10 Approved on January 26, 2004