HomeMy WebLinkAboutPlanning and Zoning Commission-Minutes-4/26/2004
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PLANNING AND ZONING COMMISSION
MEETING MINUTES - April 26, 2004
CALL TO ORDER
Chairman Wall called the meeting to order at 7 p.m.
ROLL CALL
Commissioners Bruce Kelly, Jeff Byerly, Mark Jones, Earl
Swift and Jeff Wall were present.
Barry LeBaron and Clayton Husband from staff were
present.
INVOCATION
The invocation was given by Commissioner Kelly
CITIZEN COMMENTS
None
AGENDA ITEMS
1. Case P-04-011 - PUBLIC HEARING - Final Plat of Redus Addition, 14.3 acres located in the
4500 block of Bowman Drive and the 4500 block of Bill Simmons Road
Clayton Husband presented the case to the Commission and reviewed the staff briefing.
Commissioner Jones asked about the status of the zoning on this property. Mr. Husband
said the zoning has been approved by the City Council.
Chairman Wall opened the public hearing. There being no one wishing to speak, Chairman
Wall closed the public hearing.
Motion by Commissioner Jones to approve the final plat, seconded by Commissioner Kelly.
The motion was approved by the following vote:
Aye: Kelly, Swift, Byerly, Jones, Wall
Nay: None
2. Case P-04-016 - Preliminary Plat of Rockrimmon, 10.9 acres located in the 100 block of
West Glade Road
Clayton Husband presented the case to the Commission and reviewed the staff briefing.
Mr. Husband stated this property is zoned R20 and the developer is proposing to divide the
property into thirteen residential lots. The developer proposes to make this a gated
development. Mr. Husband pointed out the Land Development Code requirements for
twenty lots for a gated development and the proposal is requesting a waiver of that
requirement. Chairman Wall stated the Fire Marshal was recommending the homes be
required to have fire sprinkler systems.
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David Hannah, 3401 Amherst Circle Drive, Bedford, Texas, the developer stated they didn't
object to the sprinklers, but were not in favor of them. Mr. Hannah stated they have extra
pavement width added at the request of the Fire Marshal and would limit parking in front of
those lots adjacent to the island and would make that a requirement of the homeowner's
association documentation. Mr. Hannah stated that an emergency vehicle would switch
over to the other side of the street, should there be difficulty passing by in an emergency
situation. Mr. Hannah stated these are three quarter acre lots, so there would be plenty of
off-street parking. Chairman Wall asked about the sizes of the homes in the development.
Mr. Hannah stated they would be 4,000 square feet and up.
Chairman Wall stated the sprinkler system was not an issue to the developer, but there
were fewer lots in the development than the minimum required by the Land Development
Code for a gated development.
Motion by Commissioner Byerly to approve the preliminary plat, seconded by
Commissioner Kelly.
The motion was approved by the following vote:
Aye: Kelly, Swift, Byerly, Jones, Wall
Nay: None
3. Case Z-04-017 - PUBLIC HEARING - Special Use Permit for an accessory building on Lot
16, Community Home Addition, located at 5004 Rose Street
Clayton Husband presented the case to the Commission and reviewed the staff briefing.
Mr. Husband stated that the applicant had started construction of the accessory building
without a permit and was notified by the Building Inspection Department to apply for the
Special Use Permit. The accessory building meets all the requirements, except for the
height, which is approximately two feet taller than the primary house structure.
Chairman Wall opened the public hearing. There being no one wishing to speak, the public
hearing was closed.
Ms. Carrington, 5004 Rose Street, the owner of the property, stated that they were one of
the first settlers in Colleyville and have lived in the home for many years and the old home
was built with a very low roof slope. Ms. Carrington stated that the contractor who built the
accessory building was supposed to get the necessary building permits. The contractor
stated he called the City and was told that he didn't need a permit.
Commissioner Kelly asked what can be done to prevent these types of problems from
occurring in the future. Mr. LeBaron stated that code enforcement staff routinely notifies
citizens of permit requirements when illegal construction activities are observed. Mr.
LeBaron stated that accessory buildings often get constructed without permits because
they are generally located behind the main buildings and are not visible and they seldom
require water or electrical permits, which would trigger the need for a building permit. Mr.
LeBaron explained that the Special Use Permit process for accessory buildings has been in
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Minutes -April 26, 2004
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place approximately five years so make sure that size of accessory buildings is compatible
with the neighborhood surroundings.
Motion by Commissioner Wall to recommend approval of the special use permit, seconded
by Commissioner Jones. The motion was approved by the following vote:
Aye: Kelly, Swift, Byerly, Jones, Wall
Nay: None
4. Case Z-04-018 - PUBLIC HEARING - Special Use Permit for a private horse stable on Lot
2, Block 1, CrookIWomeldorf Addition, located at 4808 Patterson Lane
Clayton Husband presented the case to the Commission and reviewed the staff briefing.
Chairman Wall opened the public hearing.
Amy Labarge, 4809 Bill Simmons Road. She spoke in opposition to the request. She
stated her son was allergic to animals.
Jim Carpenter, 2201 Glade Road. He stated they had fought this issue five years ago
when they wanted to put a large horse barn on the property. He said the area was more
likely to go residential instead of agricultural.
Mary McCuistion, 4905 Bill Simmons. She stated she lives on the north border of the
property and spoke in opposition.
Terry Mouton, 4805 Bill Simmons. She spoke regarding her concems and suggested that if
the request were approved, it be for only two horses.
There being no one else wishing to speak, Chairman Wall closed the public hearing.
David Womeldorf, 4808 Patterson, applicant. He stated they purchased the property with
the desire place horses on the property as there are other properties in the area with
livestock. He stated he is not opposed to moving the barn, but it is planned to be closer to
his house than any others. He stated they have lived on the property for three years.
The Commission discussed the opposition to the request and difficulty of finding a
compromise among those involved.
Motion by Commissioner Wall to recommend denial of the special use permit, seconded by
Commissioner Byerly. The motion was approved by the following vote:
Aye: Kelly, Swift, Byerly, Jones, Wall
Nay: None
The Commission took a five-minute recess.
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5. Case Z-04-013 - PUBLIC HEARING - Zoning Change from AG Agricultural to R30 Single
Family Residential on 14.0 acres located at 600 Shelton Drive
Clayton Husband presented the case to the Commission and reviewed the staff briefing.
Chairman Wall opened the public hearing.
Dave Anderson, 3920 Birchman Avenue, Fort Worth. He stated he represents the current
owner of the property and read a letter from the owner. He stated he held a meeting with
the adjacent neighbors to discuss the project.
Bill Lothrop, 609 Shelton Drive. He stated his opposition to the request and referenced the
petition against the previous request.
Tim Gleason, 600 Beverly Drive. He spoke about the rural look of the area and drainage.
He stated his opposition to the request.
Norma Henslee, 608 Shelton Drive. She spoke about the rural look of the area and stated
her opposition to the request. She stated R40 is the only acceptable zoning.
James Day, 805 Shelton Drive. He spoke about drainage, sewer, water pressure, density
and traffic on Shelton.
Michelle Poblenz, 705 Shelton Drive. She stated the request is incompatible with the
development in the area.
Darryl Heath, 6200 Bransford Road. He stated his opposition to the request.
Dinah Stephens, 612 Shelton Drive. She spoke about the rural atmosphere of the area.
She stated her opposition to the request.
Twyla Kerlee, 800 Shelton Drive. She stated her opposition to the request.
Christine Combs, 6106 Hunter Lane. She spoke about the increase in light pollution in the
area.
Wade Evans, 800 Shelton Drive. He stated the request is in conflict with the Master Plan.
John Paul Burnett, 601 Beverly Drive. He stated his opposition to the request.
C.L. Madden, 6112 Hunter Lane. He stated his opposition to the request.
Gary Friedman, 2300 Mulberry Court. He stated his opposition to the request.
Teri Workman, 6001 Hunter Lane. She stated her opposition to the request.
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Gary Quinn, 511 Shelton Drive. He stated his opposition to the request.
Fred Rice, 6103 Hunter Lane. He spoke about the increase in traffic.
Beverly Young, real estate agent in the area.
Beverly Lothrop, 609 Shelton Drive. She stated her opposition to the request.
Jim Henslee, 608 Shelton Drive. He stated his opposition to the request.
Bill Stephens, 612 Shelton Drive. He stated his opposition to the request.
Carolyn Allen, 5917 Hunter Lane. She stated her opposition to the request.
Madelyn Norville, 701 Shelton Drive. She stated her opposition to the request.
Rose Madden, 6112 Hunter Lane. She stated her opposition to the request.
Marciela Gleason, 600 Beverly Drive. She stated her opposition to the request.
Jim Pine, 5918 Hunter Lane. He stated his opposition to the request.
Jack Norville, 701 Shelton Drive. He stated his opposition to the request.
Kathryn Day, 805 Shelton Drive. She stated her opposition to the request.
There being no one else wishing to speak, Chairman Wall closed the public hearing.
Robert Cline, 4421 Windsor Ridge Drive, Irving, applicant. He spoke about the request
conforming to the Master Plan and surrounding zoning and density, the utilities being built
to City engineering requirements, screening, and the economic viability of the project.
Chairman Wall explained a similar zoning case in the area several years ago related to the
requested zoning and surrounding zoning where there was not one overall district.
Commissioner Kelly stated the request is an adverse change in the opinion of the area
residents, and does not promote the general welfare.
Commissioner Byerly stated the proposal is not a bad plan given the surrounding zoning.
Commissioner Swift stated the views of the neighborhood are critical in a case such as this
one.
The Commission discussed the rules of procedure that require a total of four affirmative
votes to take action on a case.
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The Commission took a five minute recess to review a copy of the charter.
Chairman Wall stated that four affirmative votes will be required in order to approve action
on a motion, whether the motion is to approve or to deny.
Motion by Commissioner Jones to recommend denial of the zoning change, seconded by
Commissioner Kelly. The motion failed by the following vote:
Aye: Kelly, Swift, Jones
Nay: Wall, Byerly
Commissioner Jones stated there is overwhelming opposition to the request, which has
taken place at several meetings.
Mr. LeBaron stated the Land Development Code prevents a zoning case from being stuck
at the Planning and Zoning Commission by stating that if the Commission takes no action
within 60 days, the request automatically moves to the City Council with a denial
recommendation. He stated a denial recommendation by the Commission will require a
supermajority vote by the Council to approve the request.
Motion by Commissioner Jones to recommend denial of the zoning change, seconded by
Commissioner Kelly. The motion was approved by the following vote:
Aye: Kelly, Swift, Jones, Wall
Nay: Byerly
Mr. LeBaron stated the developer has ten days to advise staff whether he would like this
request to move forward to the City Council.
6. Case Z-04-010 - TABLED ITEM - 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
Motion by Commissioner Jones to remove the item from the table for discussion, seconded
by Commissioner Wall. The motion was approved by the following vote:
Aye: Kelly, Swift, Byerly, Wall, Jones
Nay: None
Clayton Husband presented the case to the Commission and reviewed the staff briefing.
Chairman Wall opened the public hearing.
Rick Bolech, 4609 Clearwater Court. He stated he is in favor of the proposed development.
Larry Henry, 4104 Inwood Lane. He stated he is the president of the Saddlebrook
homeowner's association, and the members that have contacted him are in favor of the
development. He stated his interest in looking at drainage plans and preservation of open
space.
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Phil Charon, 4604 Clearwater Court. He stated he is in favor of the proposed development.
Dan Geary, 4601 Clearwater Court. He stated he is in favor of the proposed development.
Andrew Wayne, 1009 Lakeridge Court. He stated he is in favor of the proposed
development.
There being no one else wishing to speak, Chairman Wall closed the public hearing.
Dan Quinto, 602 Northwood Trail, Southlake, applicant. He reviewed the changes made to
the project since the last meeting.
Jeff Jones, fire marshal for the City of Colleyville. He stated he met with the applicant to
discuss setbacks, eave overhangs, one-way street standards, street width requirements,
and fire sprinkler systems.
Commissioner Byerly stated he prefers that this property remain available for commercial
use. He stated the antique mall is quite busy and the property has good exposure to
Colleyville Boulevard.
Commissioner Jones stated the development is a transitional area similar to others that
have been approved.
Chairman Wall stated his concerns about the density of the development.
Commissioner Kelly stated he is in favor of residential use for this property, but the density
is too high.
The Commission discussed the density and lot sizes of the development, and the issue of
transitional development.
Motion by Commissioner Wall to recommend denial of the zoning change based on the
proposed density of the development, seconded by Commissioner Kelly. The motion was
approved by the following vote:
Aye: Kelly, Swift, Byerly, Wall
Nay: Jones
7. Discussion of the Master Plan Update: Mr. LeBaron stated the agenda packet included
a copy of all the comments provided at the follow-up neighborhood meetings. He also
reminded the Commission of the upcoming work session, scheduled for May 13, 2004,
which will be held at the City Hall.
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8. Staff Comments, Reports and Discussion Items: Mr. LeBaron stated that the Open
Meetings Act requires that the public be allowed to attend a public meeting, but does not
entitle the public to choose the discussion items or speak about any of the items. He
stated the Commission may allow the public to speak on items, even though the item is
not a required public hearing, He stated that posted agendas must be clear enough for
the public to understand what is going to be discussed.
9. Commissioners' Comments and Reports: Commissioner Byerly asked how the
upcoming elections would relate to the appointments to the Commission. Mr. LeBaron
stated the elected council members would not be sworn in until June 1.
ADJOURNMENT
The Commission adjourned the meeting at 11 :45 p.m. by acclamation.
Respectfully Submitted,
~~ndAICP
Development Coordinator
Approved on: May 24, 2004
Note: As a matter of public record, an audio recording of this Planning and Zoning Commission meeting is
available upon request.
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Minutes -April 26, 2004
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