HomeMy WebLinkAboutPlanning and Zoning Commission-Minutes-1/26/2004
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PLANNING AND ZONING COMMISSION
MEETING MINUTES - January 26, 2004
CALL TO ORDER
Chairman Wall called the meeting to order at 7 p.m,
ROLL CALL
Commissioners Bruce Kelly, Earl Swift, Jeff Byerly, Bud
Sellers, Mark Jones, and Jeff Wall were present.
Commissioner Culley was absent.
Barry LeBaron, Clayton Husband, and Jan Levy from staff
were present.
INVOCATION
The invocation was given by Commissioner Swift
APPROVAL OF MINUTES
January 12, 2004
Commissioner Kelly moved to approve the minutes of the January 12, 2004 meeting as
written. Commissioner Jones seconded the motion. The motion passed by unanimous
acclamation with Commissioner Swift abstaining.
CITIZEN COMMENTS
There was no comment.
AGENDA ITEMS
1. Case Z-04-007 - PUBLIC HEARING - Zoning Change from R20 to PUD-C Planned Unit
Development Commercial on Lot 1, Block 2, Thompson Terraces Addition located at 5001
Thompson Terrace
Clayton Husband presented the case to the commissioners and reviewed the staff briefing.
Sharon Smith, appJicant, was present to represent the case.
The Commission entered into discussion with the applicant about other potential uses of the
proposed building.
Chairman Wall opened the public hearing. Those present wishing to speak were:
Carol King, 5000 Oak Timbers, expressed concerns about parking, traffic flow onto Glade
Road, fencing requirements along the east side of the property between the residential
property, the fence that is currently in place, and a large dead tree located on the property with
limbs that hang over her storage building.
There was no one else present wishing to speak, and the public hearing was closed.
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Minutes - January 26, 2004
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Sharon Smith, applicant, returned to answer questions that were raised in the public hearing.
Commissioner Byerly and Chainnan Wall discussed requirements fencing between
commercial and residential uses.
Commissioner Swift recommended approval of the zoning change as submitted.
Commissioner Sellers seconded the motion.
Commissioner Byerly said he would like to see a fencing requirement included in the
ordinance.
The commissioners suspended the rules to talk with Ms. King about proposed fencing between
the commercial lot and her property. There was discussion by staff, Ms. King and the
commissioners.
Chairman Wall recommended that the safety officials and Community Development staff make
a recommendation.
Commissioner Byerly offered a friendly amendment that a fence is placed at the
.northeast corner of the property ending fifteen feet from the property line.
Commissioners Swift and Sellers accepted the amendment. The vote being:
Ayes: Kelly, Swift, Byerly, Sellers, Jones, Wall
Noes: None
2. Case Z-04-004 - PUBLIC HEARING - Zoning Change from AG to PUD-C Planned Unit
Development Commercial on 1.9 acres located at the southwest corner of Church Street
and Colleyville Boulevard
Clayton Husband presented the case to the commissioners and reviewed the staff briefing,
The commissioners and staff entered into discussion about the adjacent property to the west
and the preliminary design of the roadway and the impact it would have on the future
development of the property.
Chairman Wall opened the public hearing. There was no one present wishing to speak and
the public hearing was closed.
Commissioner Byerly moved to recommend approval of the zoning change.
Commissioner Jones seconded the motion. The vote being:
Ayes: Kelly, Swift, Byerly, Sellers, Jones, Wall
Noes: None
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Minutes - January 26, 2004
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3. Case Z-D4-D03 - TABLED ITEM - Zoning Change from CC1 to PUD-R Planned Unit
Development Residential on 8.782 acres located at 5850 Colleyville Boulevard
Commissioner Jones moved to remove the item from the table. Commissioner Swift
seconded the motion. The vote being:
Ayes: Kelly, Swift, Byerly, Sellers, Jones, Wall
Noes: None
Commissioner Jones asked staff if they have had any direct contact with the GCISD regarding
the emergency access issue. Clayton Husband responded that staff has not had direct
contact, but he noticed the School Board has an item on their agenda to discuss that matter.
Chairman Wall asked staff if there have been any discussions with the Parks Department and
the City Manager's office regarding this proposal. Clayton Husband responded that they are
aware of the request.
Gary Cantrell, 3400 Glade Road, was present to represent the case. He requested that his
request be approved subject to an approval letter from the GCISD and a design of the
emergency access easement from the fire marshal and the GCISD. He discussed why the
property is not conducive for commercial development. He displayed an exhibit of commercial
property in the area and talked about future development. He said if the property is left
commercial it would probably be better suited for a church or a private school and it may be
marketable for commercial in twenty years, He said rooftops and people are needed in the
area to support commercial development. He explained the unique concept of the open
space.
The commissioners entered into discussion with the developer about density; the widening of
Highway 26; center turn lanes; the current traffic problems in the area; and the future
commercial use for the property the south that is not under contract by the developer.
Mark Howe, 3108 Carisbrooke Court, real estate broker, spoke about the Master Plan and how
this property will not increase the overall density of the City. He informed the commissioners
about various conversations he has had with the GCISD and the trustees.
The commissioners entered into discussion about the density of the subdivision; future
commercial viability; tax generation on the property; the uniqueness of the parcel; the
emergency access; the exhibit displayed by the developer regarding other commercial
properties and setbacks in the area; the timing of changing the zoning on this property in
relationship to current commercial developments; the traffic problems associated with more
people dropping off students at the area schools; and, the density of other high density
residential subdivisions.
Commissioner Jones moved to recommend approval of the zoning change request.
Chairman Wall seconded the motion. The vote being:
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Minutes - January 26, 2004
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Ayes: SeUers, Jones, Wan
Noes: Kelly, Swift, Byerly
Commissioner Byerly moved to recommend denial of the zoning change request.
Commissioner Kelly seconded the motion.
Commissioner Jones said he is a member of the economic task force and he said this is a
unique parcel of land and the developer has given a compelling argument that future
commercial development of the property would require more footage directly on Colleyville
Boulevard. He said he is moved by the developer who has a target market and the remaining
property will not be a cookie cutter development with 1.8 dIu,
Chairman Wall called for the vote. The vote being:
Ayes: Kelly, Byerly
Noes: Swift, Sellers, Jones, Wall
Commissioner Sellers moved to approve the zoning change request contingent upon
the approval of the GCISD and the City of Colleyville Fire Marshal. Commissioner Jones
seconded the motion.
Chairman Wall offered a friendly amendment that the GCISD park layout and
construction of the park include a walking path around it and there is a resolution with
the Pecan Estates residents for a pass through to get to the school property. The
friendly amendment was accepted.
Commissioner Byerly stated that they are fracturing the rules, not bending them. He said he
appreciates Mr. Cantrell's honesty regarding the economics related to the development, but he
will recommend denial because there are too many problems to approve the project now. He
said he disagrees with the proposed density and is opposed to fire trucks running between the
schools to access the subdivision in an emergency. He said Bogart is as backed up as
Highway 26. The commissioners entered into discussion about fire truck access if the property
remained commercial; density; Economic Development Task Force discussions; and, density.
Chairman Wall asked Gary Cantrell if he would consider moving the rear setback requirements
on the lots that back up to Pecan Park Estates from 10 feet to having a 20 foot rear setback.
There was discussion about restricting rear windows on two story homes that back up to
Pecan Park Estates. Mr. Cantrell said he could change the rear setback requirements, but he
did not want to commit to changes in building designs unless he talked to builders. He said his
development would have homes valued between $300,000 and $400,000 and the homes in
Pecan Park Estates have values of between $175,000 and $200,000 and have antennas and
-satellite dishes in the yards. He told the commissioners how the emergency access would
only be used when the main access is blocked and that would probably never occur.
The motion to approve was amended to include the provision that the rear setbacks on
the lots that back up to Pecan Park Estates would have a 20' rear setback. The vote
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Minutes - January 26, 2004
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Draft Copy #1