HomeMy WebLinkAboutPlanning and Zoning Commission-Minutes-2/9/2004
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PLANNING AND ZONING COMMISSION
MEETING MINUTES - February 9, 2004
CALL TO ORDER
Chairman Wall called the meeting to order at 7 p.m.
ROLL CALL
Commissioners Bruce Kelly, Bob Culley, Earl Swift, Jeff
Byerly, Bud Sellers, Mark Jones, and Jeff Wall were present.
Barry LeBaron, Clayton Husband, and Jan Levy from staff
were present.
INVOCATION
The invocation was given by Commissioner Byerly
CITIZEN COMMENTS
There were no comments.
AGENDA ITEMS
1. Case P-03-038 - Minor Plat of Allen Estates, 0.997 acres located at 1204 John McCain
Road
Mr. Clayton Husband presented the case to the commissioners and reviewed the staff briefing.
Commissioner Jones moved to approve the minor plat. Commissioner Kelly seconded
the motion. The vote being:
Ayes: Kelly, Culley, Swift, Byerly, Sellers, Jones, Wall
Noes: None
2. Case P-04-007 - Minor Plat of Riverwalk at Colleyville, 2.729 acres located at the
northwest corner of Glade Road and Riverwalk Drive
Mr. Clayton Husband presented the case to the commissioners and reviewed the staff briefing.
Following discussions regarding access on Glade Road and the design standards for the
access, Commissioner Byerly moved to approve the minor plat. Commissioner Jones
seconded the motion. The vote being:
Ayes: Kelly, Culley, Swift, Byerly, Sellers, Jones, Wall
Noes: None
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Minutes - February 9, 2004
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3. Case Z-04-008 - PUBLIC HEARING - Special Use Permit for an Accessory Building on Lot
5, Block 3, Highland Acres located at 305 Timberline Drive S.
Mr. Clayton Husband presented the case to the commissioners and reviewed the staff briefing.
Chairman Wall opened the public hearing. There was no one present wishing to speak, and
the public hearing was closed.
Mr. Dave Wallace, applicant, was present to represent the case. He answered questions from
the commissioners and informed them that the new structure would be for the purpose of
parking his motor vehicles. He said the existing 400 s.f. building may be removed at a future
date, but he currently needs to use it for storage until the new addition is completed. He said
the height of the building will not change and there will be no commercial use of the accessory
building.
Mr. Barry LeBaron explained the history of why a special use permit is required for some
accessory buildings.
Commissioner Culley 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
4. Case Z-04-009 - PUBLIC HEARING - Zoning Change from R40 Single Family Residential
to R20 Single Family Residential on Lot 5R1, D.P. Arrington Limited Subdivision located
at 2016 Glade Road
Mr. Clayton Husband presented the case to the commissioners and reviewed the staff briefing.
There was discussion about location of driveways on the lots and setbacks in the R20 zoning
district.
Chairman Wall opened the public hearing. Those present wishing to speak were:
Mrs. Janelle Hardisty, 5000 Montclair Drive, spoke in opposition.
Mr. Wayne Hood, 2108 Glade Road, spoke in opposition.
Mr. Joe Deupree, 5101 Montclair Drive, spoke about zoning change signs.
Mr. John Thompson, 5017 Montclair Drive, spoke in opposition.
There was no one else present wishing to speak, and Chairman Wall closed the public
hearing.
Mr. Ken Mask, applicant, was present to represent the case to the commissioners and answer
questions. He informed the commissioners that he has spoken with Chad Bartee about the
drainage and the function of the drainage channel. He responded to a question regarding if he
purchased the lot as an investment and said he plans on building his home on Lot 2 and when
a house is constructed on Lot 1 it will not be closer than five feet of the drainage swale. He
told them he has a building plan for a home that is 4,000 s.f. to 4,500 s.f. that will fit on Lot 1.
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Minutes - February 9, 2004
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The commissioners discussed the possibility of tabling the case to allow the applicant to
provide drainage plans, and building designs. There was discussion about breaking a pattern
of having overall one zoning district on a subdivision and how the R20 would split the R40
zoning of the D.P. Arrington Subdivision.
Commissioner Jones moved to deny the zoning change request. Commissioner Kelly
seconded the motion. The vote being:
Ayes: Kelly, Culley, Swift, Byerly, Sellers, Jones, Wall
Noes: None
NOTE: Commissioner Jones requested a break. The commission resumed the meeting at
7:55 p.m.
5. Case Z-04-010 - PUBLIC HEARING - Zoning Change from CC2 Shopping Center
Commercial to PUD-R Planned Unit Development Residential on Lot 4R, Block 1,
Centerpark Addition located south of Centerpark, east of Colleyville Boulevard
Mr. Clayton Husband presented the case to the commissioners and reviewed the staff briefing.
The commissioners entered into discussion with staff about the size of the'lots in comparison
to other higher density subdivisions that have recently been approved. They also talked about
the uses of open space within the subdivision, the area that will be raised out of the flood plain,
Fire Department concerns, and FHA requirements.
Fire Marshal Jeff Jones responded to questions from the commissioners. He said he is not
opposed to the street design, but if the houses are built six feet apart with eaves that
overhang, he would request wider streets. He said if one house is on fire, it would be difficult
to prevent fires from spreading from house to house.
Chairman Wall opened the public hearing. Those present wishing to speak were:
Mr. Phillip Charon, 4604 Clearwater Court. He said this proposal looks better than the
previous proposal for apartments; however, he expressed concerns about the density; the
height of the lots being reclaimed from the flood plain; ten foot rear yards on the lots that back
up to Lakewood Estates; the appearance of a solid wall of roof tops; lack of common space;
and potential damage to the Lakewood Estate wall.
Mr. Don Wren, 4704 Lakeshore Court, raised concerns about this project not being upscale; no
garages and street parking.
There was no one else present wishing to speak, and Chairman Wall closed the public
hearing.
Mr. Dan Quinto was present to represent the case to the commissioners and answer
questions. Mr. Quinto said he will be providing a revised plan that will have additional open
space. He said the home will have garages, and the setbacks between homes will never be
closer than ten feet. He said the subdivision is designed after the Bridges at Riverwalk and will
have the same density as the Bridges at Riverwalk residential portion. He addressed current
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land uses in the area and how this will become a buffer for Lakewood Estates and commercial
uses.
Ms. Nancy Stuckey, Cambridge Homes, was also present to represent the case to the
commissioners and answer questions. She explained the target market for Cambridge Homes'
products and showed slides of garden homes they have built.
Mr. Quinto gave a summary of the impact on the economics this development will have in
Colleyville.
Steve Coons, an owner of a house built by Cambridge Homes, addressed the Commission
and talked about how he had to move to another community when he downsized to a home
with little yard work and wished that Colleyville had Cambridge Homes developments when he
purchased his garden home.
The commissioners entered into discussion with the representative regarding open space; the
consideration of home sprinkler requirements; lowering the density; the plan for Cambridge to
become a gated community; the stone wall along the Lakewood Estates common boarder; the
sidewalk scheme.
Commissioner Jones said there seems to be a market place for this kind of development and it
may be wise and prudent to ask the developer to come back with changes to the density, the
setbacks, the open space, a recommendation from the Fire Marshal, and comments on the
drainage. He spoke about his tenure on the Economic Task Force.
Commissioner Byerly said he wanted to keep the property commercial. He spoke about the
good visibility the property has for commercial development.
Commissioner Jones suggested they table the case to allow the developer time to address the
outstanding issues.
Chairman Wall moved to table the case. Commissioner Kelly seconded the motion.
Commissioner Culley said he doesn't want to overlook the prior project for apartments and this
is the right type of development to put in that location. He said Cambridge Homes does well
with this kind of subdivision and the Bridges at Riverwalk subdivision is close to build-out. He
said this is a quality developer who knows the market for garden homes.
Commissioner Byerly explained his comments regarding supply and demand and said that
Cambridge Homes is an excellent builder.
Chairman Wall said his motion to table was made with open space and density in mind. There
was discussion about planned restrictive covenants for the subdivision regarding garages and
street parking. Commissioner Jones said he wants the developer to address gates.
The vote being:
Ayes: Kelly, Culley, Swift, Sellers, Jones, Wall
Noes: Byerly
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6. Case Z-04-011 - PUBLIC HEARING - Zoning Change from CC2 Shopping Center
Commercial to PUD-C Planned Unit Development Commercial on 15.10 acres located at
the southwest corner of John McCain Road and Colleyville Boulevard
Mr. Clayton Husband presented the case to the commissioners and reviewed the staff briefing.
He told the commissioners that they have a copy of an e-mail the developer sent requesting
additional uses he wanted to include in the PUD-C,
Chairman Wall opened the public hearing. Those present wishing to speak were:
Mr. Bill McCulley said he was a representative for the Cascades at Timarron Owners
Association. He expressed concerns about the layout an objected to the entrance and exit
onto John McCain Road. He said when it rains the area floods and requested an explanation
of how the detention ponds will work.
Mr. Sam Noel, 1901 Thames Trail, said he builds Monument Custom Homes and the applicant
invited HOA representatives to a meeting. He said a gas station is okay if other quality
development is around it. He said he has a problem with John McCain traffic; doesn't want the
development built in phases; and, screening to prevent residents from Timarron from being
able to see the development from their homes.
Mr. Kipp Whitman, the developer for the commercial development across Colleyville
Boulevard, said he sold the property to Conoco and the development was stalled for the John
McCain redevelopment. He spoke about his membership on the Highway 26 Design Board
and this area is the highest demographic area. He spoke against the plan for pad sites in a
row with nor marketing plan and the only sure tenants being a gas station and tire store to kick
off the development. Mr. Whitman said the applicant bought the closed down gas station and
will demolish the gas station and deed restrict the property to prevent competition. He said
they should be required to put in the entire infrastructure. He said the commissioners should
not accept the proposal at face value.
Mr. AI Silverberg said he lives at the end of Thames Trail and is concerned about the entryway
onto John McCain. He said he would expect the Planning and Zoning Commission to not
allow only a gas station and a tire store. He said they need to use the same kind of scrutiny as
the previous case.
There was no one else present wishing to speak, and Chairman Wall closed the public
hearing.
Mr. Dan Poremba, representing Service Star, from Denver Colorado, was present to represent
the case to the commissioners and answer questions. He spoke about the kind of
development Service Star plans and how they met with three homeowners' associations and
explained the concept to them and the boards supported their plan. He explained how they
went through the tree mitigation process and they presented their phasing program at that
time. He talked about underwriting to construct the development.
The commissioners and Mr. Poremba entered into discussion about gas stations and
underwriting; TXDOT's requirements for an entrance on John McCain; the number of closed
gas stations; the image of a gas station for the gateway to northern Colleyville; the possibility
of Shell leaving the site rather than fulfilling the twenty year lease; the design for turn lanes on
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John McCain Road; traffic patterns for the development; and, the design of the detention
ponds.
Mr. Jay Marsh, Pate Engineers, associated with the project was present to answer questions
from the commissioners regarding the drainage for the project.
Commissioner Culley and the applicant entered into discussion about Mr. Pappa's e-mail and
the requested uses. The commissioners again expressed concerns about the project,
especially the entrance onto John McCain Road. Commissioner Culley suggested they table
the zoning question to allow the developer to bring back a picture of how the project will look
so they can get a better scope of the project.
The commissioners suspended the rules in order to allow Kip Whitman to speak. He said the
City has been strict on PUD zoning in the past and he tried to build a kennel, but was denied.
He said a blanket zoning is wrong.
Mr. Sam Noel, 1901 Thames Trail, said he is building homes on Braemar Terrace and there
will be more people to add to the traffic problems on John McCain.
The commissioners entered into discussion about restrictions and phasing restrictions they
placed on other PUD-C's in the past. Chairman Wall suggested they table the case. He said
they need the tax base, but with a proper balance.
Chairman Wall moved to table the zoning change request. Commissioner Swift
seconded the motion.
The commissioners said they would like a clarification of the appearance of the road design for
John McCain; the developer to provide a list of materials and designs; a phasing schedule; a
better explanation of the drainage design; pictures of other retail centers that have the
proposed gas stations; a more limited list of proposed uses; and, a tax generation proposal.
The vote being:
Ayes: Kelly, Culley, Swift, Byerly, Sellers, Jones, Wall
Noes: None
7. Case Z-04-006 - PUBLIC HEARING - Amendment to Chapter 3 of the Land Development
Code regarding movie theaters
Mr. Barry LeBaron presented the case to the commissioners and reviewed the staff briefing.
The commissioners entered into discussion about how the number of six theaters was
determined to be used. Commissioner Jones spoke about a group of investors who are buying
smaller theaters and adding tables and alcoholic beverage and food sales and are targeting
smaller communities. Commissioner Byerly said that six may not be an appropriate number
for a theater complex on Precinct Line Road. Mr. LeBaron said that if anyone wanted more
than six theaters they could seek a special use permit.
Mr. Clayton Husband suggested that a two tiered category be used in the Land Use table.
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Chairman Wall opened the public hearing. There was no one present wishing to speak, and
the public hearing was closed.
Chairman Wall moved to recommend approval with an amendment that over six
projections screens requires a special use permit. Commissioner Culley seconded the
motion. The vote being:
Ayes: Kelly, Culley, Swift, Byerly, Sellers, Jones, Wall
Noes: None
8. Discussion of the Master Plan Update:
Mr. Barry LeBaron distributed a copy of a meeting notice for Thursday, February 12, 2004.
Commissioners Byerly and Kelly said they may not be able to attend. Chairman Wall
requested that the commissioners contact staff and if it appears there will not be four members
in attendance, the meeting should be canceled. There was discussion about the calendar for
upcoming neighborhood meetings.
9. Staff Comments, Reports and Discussion Items: There were none.
10. Commissioners' Comments and Reports:
Chairman Wall said he asked staff for a report of attendance for the Planning and Zoning
Commission. He said the reason he asked was to verify the statistics in the two memos from
the City Manager to City Council regarding the Planning and Zoning Commission attendance
and minutes. He said there will be a City Council work session on February 11th at 4 p.m. in
the executive conference room and encouraged commissioners to attend. The commissioners
entered into discussion about the memos, the charges of attendance problems, their service to
the community, and how members have served after their appointments expired. They said
there were three seats open for reappointment, two members did not apply, and only seven
applicants from over 20,000 citizens were received to be considered for appointment.
ADJOURNMENT
The Commission adjourned the meeting at 11 :00 p.m. by acclamation.
Respectfully Submitted,
Ja~~
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 - February 9, 2004
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