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HomeMy WebLinkAboutPlanning and Zoning Commission-Minutes-2/9/2004 .~ 'texas. 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 Planning & Zoning Commission Minutes - February 9, 2004 Page 1 of 7 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. Planning & Zoning Commission Minutes - February 9, 2004 Page 2 of 7 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 Planning & Zoning Commission Minutes - February 9, 2004 Page 3 of 7 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 Planning & Zoning Commission Minutes - February 9, 2004 Page 4 of 7 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 Planning & Zoning Commission Minutes - February 9, 2004 Page 5 of 7 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. Planning & Zoning Commission Minutes - February 9, 2004 Page 6 of 7 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 Page 7 of 7