HomeMy WebLinkAboutPlanning and Zoning Commission-Minutes-9/23/2002PLANNING 8~ ZONING COMMISSION
Meeting Minutes -September 23, 2002
Chairman Jo Ann Gasper called the regular meeting of the Planning and Zoning Commission to
order at 7:00 P.M. on September 23, 2002.
Roll Call: Present: Bob Culley, Earl Swift, Mark Jones, Bud Sellers, Jeffrey
Wall, Jo Ann Gasper
Absent: Mark Hollis
Staff: Barry LeBaron, Clayton Husband, Jeff Jones, Jan Levy
Invocation: Commissioner Wall
Pledge of Allegiance
Approval of Minutes: September 9, 2002
Chairman Gasper moved to approve the minutes of the September 9, 2002 meeting as
written. Commissioner Swift seconded the motion. The vote being:
Ayes: Wall, Culley, Swift, Jones, Sellers, Gasper
Noes: None
Recognition of Outgoing Planning and Zoning Chairman Jo Ann Gasper: The staff and
commissioners thanked Jo Ann for her service and presented her with a "Texas" paper weight
engraved with the City logo, her name, and length of service. Several commissioners spoke and
expressed their appreciation. Chairman Gasper gave her parting remarks.
Swearing in of Newly Appointed Commissioners:
Place 1, Bruce Kelly
Place 2, Jeff Byerly
Place 3, Earl Swift
Place 4, Jeff Wall
The newly appointed commissioners were sworn in by Recording Secretary Jan Levy.
Election of Officers:
Commissioner Swift nominated Jeff Wall for Chairman. Commissioner Kelly seconded the
nomination. Commissioner Sellers nominated Bob Culley for Chairman. Commissioner
Jones seconded the nomination. Commissioner Sellers moved that the nominations be
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Minutes -September 23, 2002
Page 1 of 9 -Approved on October 14, 2002
closed. Commissioner Jones seconded the motion. The motion passed by acclamation.
The vote being:
Commissioner Culley - 3 votes
Commissioner Wall - 4 votes
Commissioner Culley nominated Mark Jones for Vice-Chairman. Commissioner Swift
seconded the nomination. There were no other nominations. Commissioner Jones was
elected Vice-Chairman by acclamation.
Appointment of a Recording Secretary: Jan Levy was appointed Recording Secretary.
Citizen Comments: Mayor Arp spoke and recognized the new commissioners and thanked Jo
Ann Gasper for her leadership.
1. Case P-02-034 Minor Plat of Pleasant Oaks Estates, Block 1, Lot 7R3, 1.063 acres
located at 5912 Pleasant Run Road
Clayton Husband presented the case to the commissioners and reviewed the staff briefing.
Commissioner Culley moved to approve the plat. Commissioner Sellers seconded the
motion. The vote being:
Ayes: Kelly, Culley, Swift, Byerly, Sellers, Jones, Wall
Noes: None
2. Case P-02-035 Replat of Town Center Colleyville, Block 2, Lot 1,11.1079 acres located
at the southeast corner of Colleyville Boulevard and Church Street
Clayton Husband presented the case to the commissioners and reviewed the staff briefing.
Commissioner Culley asked who is responsible for the cost of the 12.5-foot wide hike and bike
trail along the south side of Church Street. Staff responded that it will be required by whoever
builds on the lots.
Commissioner Swift moved to approve the plat. Commissioner Culley seconded the
motion. The vote being:
Ayes: Kelly, Culley, Swift, Byerly, Sellers, Jones, Wall
Noes: None
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Minutes -September 23, 2002
Page 2 of 9 -Approved on October 74, 2002
3. Case P-02-037 Minor Plat of Tara Professional CenterAddition,1.2016 acres located at
1105 Cheek Sparger Road
Clayton Husband presented the case to the commissioners and reviewed the staff briefing.
Commissioner Culley asked the applicant, David Myers how soon he intends to build. David
Myers responded that he would like to begin construction in approximately four to six months and
he will first construct an office on lot 4R2. He said he proposes to begin construction on the other
lot in the future once the construction of the original building is completed. Mr. Myers told the
commissioners that the building would be similar to other buildings built by Classic Concepts that
have a residential look to them. He said the building would be constructed parallel to Cheek
Sparger Road with the majority of parking in the rear along with a joint access to the other lot.
Commissioner Culley asked about tax revenue generation and Mr. Myers responded that offices
generally do not produce retail income tax.
Chairman Wall moved to approve the plat. Commissioner Culley seconded the motion.
The vote being:
Ayes: Kelly, Culley, Swift, Byerly, Sellers, Jones, Wall
Noes: None
4. Case P-02-038 Final Plat of Sparger Felps Addition, 1.4353 acres located at the
northwest corner of Cheek Sparger Road & Felps Drive
Clayton Husband presented the case to the commissioners and reviewed the staff briefing. He
told the commissioners that the applicant is asking for a waiver from the minimum required lot
width because lot 6 is 90 feet wide and the approved ordinance requires 95 feet. He said the
applicant is also asking for a waiver of the open space area requirement because the proposed
open space lot is 9.4% of the development and the approved ordinance requires approximately
10%. Clayton said the area boundary for the plat was based on a field survey, but the zoning
exhibit was based on existing deed information and this caused the discrepancy for the open
space and reduction in lot width for lot 6.
Chairman Wall asked staff if the developer would have had any way to know that the information
in the zoning exhibit was incorrect. Staff responded that it is not unusual for descriptions to be
based on a boundary survey at zoning because the applicants do not want to invest the money to
do a survey unless they are certain of zoning.
Commissioner Culley asked the applicant, Ernest Hedgcoth representing the developer, about
how they intend to develop the open space. Mr. Hedgcoth responded that they intend to clean it
up and use it for a drainage area. He said they will install a swale approximately 10-feet wide and
12 to 18-inches deep. He said they will wrap it around the trees in order to save as many trees as
possible. Commissioner Culley asked if the drainage plans will be sufficient to carry water from
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Minutes -September 23, 2002
Page 3 of 9 -Approved on October 74, 2002
neighbors' yards. Mr. Hedgcoth said their drainage improvements will improve drainage in the
area.
Commissioner Culley said the Commission has heard many comments and concerns from
citizens in the area regarding drainage problems and this development needs to be able to
process a great amount of water. He asked what was meant by Mr. Hedgcoth as far as cleaning
up the property. He wanted to know if the developer would thin trees or scrape the property. Mr.
Hedgcoth said they will save as many trees as possible and will clean out the culvert pipe under
the street and that will better facilitate the flow of water. He said if they have to, they can make
the culvert wider rather than deeper. Commissioner Swift said they don't want to create a safety
issue by having a culvert too deep. Mr. Hedgcoth said the plans currently are for a culvert 10-feet
wide but they could increase it to 12 or 15-feet wide.
Commissioner Jones asked Mr. Hedgcoth to explain what the plans are for aclean-up of the area
and the underground pipe on Felps Drive. He asked if the developer has plans to have an
irrigation system in the open space. Chairman Wall said they can't tell the developer how to
design the open space. Barry LeBaron said he will pass any comments the commissioners have
on to the City Engineering Department.
Commissioner Culley said he would expect the developer to prepare the ground to a condition so
the Homeowners' Association will have minimum maintenance.
Mr. Hedgcoth said they did not know they would lose 3-feet of property because they used a 1940
survey for the zoning exhibit. Commissioner Culley said he did not feel a loss of 3-feet of the
property was an issue because it probably had been taken in by Cheek Sparger Road.
Chairman Wall said he believed there were two issues the commissioners needed to deal with.
He said they needed to consider the drainage and treatment of the greenbelt and offer comments
and concerns to be passed on to the developer so he can set up a policy for the Homeowners'
Association for maintenance of the open space. Barry LeBaron told the commissioners that the
cleaning out of the culverts will be a part of the drainage plan process and would be reviewed by
the Engineering Department. He also said the Land Development Code regulates open space.
Commissioner Culley said the City Council looks closely at the development of open space and
the Council can make demands of the developer because the corner of Felps and Cheek Sparger
needs to look good. He said the developer needs to clear the brush and make the open area
usable for the residents.
Commissioner Culley moved to approve the plat with the waiver from the minimum lot
width requirement for Lot 6 to be 90-feet wide, and a waiver of
requirement to allow the open space to be 9.4% of the development.
seconded the motion. The vote being:
Ayes: Kelly, Culley, Swift, Byerly, Sellers, Jones, Wall
Noes: None
the open space area
Commissioner Swift
Planning & Zoning Commission
Minutes -September 23, 2002
Page 4 of 9 -Approved on October 74, 2002
5. Case Z-02-025 PUBLIC HEARING - A Special Use Permit for Automotive Repair &
Service with Outside Storage on Lot 1, Block 1, Highway 26 Industrial Addition, located at
6804 Colleyville Blvd.
Clayton Husband presented the case to the commissioners and reviewed the staff briefing. He
said Johnny Stowe has operated a business in Colleyville since the 1970's and that business has
closed and he wants to return to Colleyville. Clayton displayed the zoning map, site plan, and
pictures of the current buildings in the area. He explained the existing uses in the area and
indicated the open space and location of the creek in relationship to the property under review.
The commissioners had questions for staff regarding the current occupant status, the possibility of
the business being grand-fathered without having to acquire a Special Use Permit, and
businesses permitted by right rather than having to obtain a Special Use Permit. Barry LeBaron
explained how the City Council wanted greater control of businesses on Highway 26 and initiated
a Special Use Permit policy.
Chairman Wall opened the public hearing. Those present wishing to speak were:
Harold Sandel, City Manager of Cranbury, TX and the uncle of Johnny Stowe, was present to
represent the case to the Commission. He gave a history of John's business for the last 35 years
and he described the property. He said John will run a clean operation and cars that are worked
on will be worked on within the building and then will be returned to the customers by the same
evening. He said that they are requesting approval subject to a fire hydrant and a water line being
extended across the property within one year. He said the Fire Marshal just spoke with them prior
to the meeting and told them about a possible area on the south side of Tennison Parkway with a
gate going into their property. Mr. Sandel said the business will generate sales tax within
Colleyville because the applicant will buy all of his parts from business in Colleyville.
Commissioner Swift asked Mr. Sandel if the applicant will be parking used cars on Highway 26
and asked about storage outside the building and storage of hazardous materials. Mr. Sandel
said they will have HAZMAT storage within their facilities on site and they contract for those to be
removed. He said the hours of operation are 8:00 a.m. to 5:00 p.m., Monday through Friday, and
the only noise generated will be within the building.
John Stowe, 4021 Pine Ridge, Garland, TX, addressed the commissioners and said a one ton
pickup truck would be the largest vehicle he would work on. He said every activity would be
conducted within the building. He said he has loyal customers and he told the commissioners the
amount of revenue for taxable purposes his business would generate. He addressed the
commissioners' concerns about storage of parts and vehicles and he explained that he employs
Safety Clean to pump used oil and antifreeze from the storage containers every two weeks. He
told the commissioners that he will be leasing the facility behind the front building for his business
and the owner of the property, who operates Total Enterprise Bus Line, will use the front building
for his sales office.
Commissioner Swift raised concerns about storage and spillage leaks from containers of oil and
other materials. Mr. Stowe said the containers comply with Federal regulations. When asked
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Minutes -September 23, 2002
Page 5 of 9 -Approved on October 74, 2002
about signage, Mr. Stowe said he will comply with the sign ordinance and all zoning regulations.
Commissioner Swift asked staff about sign regulations.
Elaine Gathy, ex-director of Creme de le Creme, said their business cares for 300 children from
the hours of 6:30 a.m. to 6:30 p.m. and toddlers and small infants are at the facility during the
school day hours. She said the owner of Creme de la Creme asked her to express his concerns
about noise levels and aesthetics. She said she was glad to hear there will be no automotive use
in front of the building, but curb appeal and noise levels are still a major concern by their business.
Ken Green, 5402 Juniper Court, said he has his business at 6620 and 6630 Colleyville Boulevard
and is very concerned about curb appeal because this area is a gateway from the north. He said
he wants the Stowes to be able to do business, but does not want to reverse the trend of
beautifying Highway 26. He said he has concerns about outside storage.
Commissioner Culley requested that the rules be suspended to allow the applicant to speak again.
Commissioner Sellers seconded the request.
John Stowe said the existing building is vacant and there will be no overnight storage of cars. He
said cars will be pulled into the building and work will be done inside the building. Mr. Stowe said
he will improve the site over the current use.
Marsha Bohanan, 4705 Bill Simmons, said she has been a long term customer of the Stowes and
has used their business since 1985. She said that Mr. Stowe's customers are loyal and want his
business to return to Colleyville. She said the previous location was always neat and tidy.
There being no one else present wishing to speak, the public hearing was closed.
Commissioner Culley said he has concerns about granting a Special Use Permitforthisbusiness,
but he does not doubt Mr. Stowe's capability and honesty. He said the City is looking for
businesses that will enhance Colleyville Blvd., and not maintain the current look. He said he
would like more assurance that the appearance will improve rather than maintain the status quo.
Chairman Wall said the applicant is applying for a business use permit rather than the owner. He
said Mr. Stowe is only dealing with the back building and the back building is difficult to see from
the north because of landscaping.
Fire Marshal Jeff Jones addressed the commissioners and explained his deliberations with the
applicant.
Commissioner Sellers said if the Special Use Permit is denied the building will remain vacant.
Commissioner Swift asked the applicant what the length of his lease would be. Mr. Stowe said he
will have a seven year lease.
Commissioner Jones commented that he counted twenty-one auto related businesses along
Colleyville Boulevard while driving from south to north. He said they may generate property tax,
but sales tax is minimal and these businesses do not attract other business.
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Minutes -September 23, 2002
Page 6 of 9 -Approved on October 14, 2002
The commissioners entered into discussion about the possible ways to enhance the appearance
of the building.
The rules were suspended to allow someone in the chambers to speak. The representative from
Creme de la Creme said if Mr. Stowe has a seven year lease, that is seven more years of an
unsightly building to remain. She said they were hoping that buildings like this one would
disappear in time. She verified that the building in front will remain in order to hide the building in
the back.
Fire Marshal Jeff Jones pointed out the fire lane on the property and the proposed location of a
water pipe and fire hydrant.
Barry LeBaron summarized the commissioners' comments: no cars displayed outside; no
hazardous storage and limitations on containment handled by the Fire Code; work confined to
inside the building; vehicles stored inside the building; work on vehicles less than a two ton pickup
truck; no outside storage of new or discarded parts; landscaping specifications; and the addition of
a 12" waterline and hydrant within one year. He said he has concerns about adding commercial
access to a residential street. Barry talked about the difficulty enforcement would be to requests
for changes to the building in front of the proposed special use permit.
Commissioner Swift asked if the front building were demolished, would it cause the suspension of
the SUP and the applicant would have to reapply? Barry LeBaron said that would be a question
that would need to be presented to the City Attorney. Chairman Wall said the City Council has the
legal counsel of the City Attorney.
Commissioner Culley said the owner of the building is not renting the building for free and often
owners are required to make improvements. He suggested that the back building be painted a
color to match the front building or another neutral color. He suggested that four large portable
tree pots be planted with trees three inch in diameter to the left of the entry gate. He showed the
area on the site plan.
Commissioner Swift said he does not agree on the landscaping requirement. He said he felt the
lot cannot be landscaped enough to significantly change the appearance of the building.
Commissioner Sellers moved to approve the Special Use Permit with the following
conditions:
1. No overnight parking;
2. No storage of any parts or containers outside;
3. The tilt wall portion of the building is to be painted according to staff's
approval;
4. The hours of operation are from 8:00 a.m. to 5:00 p.m., Monday through
Friday;
5. No vehicles exceeding a two ton pickup truck are allowed to be serviced;
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Page 7 of 9 -Approved on October ~4, 2002
6. A 12" water line with a fire hydrant are to be installed within one year;
7. There will be landscaping on the south side with a recommendation of four
potted trees that are 3" in diameter;
8. Parking is only allowed in the rear of the building; and
9. No autos for sale are allowed out front of the business.
Chairman Wall seconded the motion.
Commissioner Jones said the restrictions would tie the hands of the applicant. Chairman Wall
said the City Council will have the opportunity and time to work with the applicant and apply the
necessary conditions to the ordinance.
Commissioner Culley offered a friendly amendment to add:
10. No new or old parts will be stored outside; and
11.The applicant will store all vehicles inside at night.
Chairman Wall seconded the friendly amendment and called for the vote. The vote being:
Ayes: Kelly, Culley, Swift, Byerly, Sellers, Wall
Noes: Jones
6. Staff comments, reports and discussion items:
Barry LeBaron welcomed the new members. He explained the difference between deliberations
on zoning requests and plats and told them that there is usually very little discussion on a plat
when it meets the technical requirements of the Land Development Code. He told the
commissioners about the upcoming training on October 10"' at 6:30 p.m. in the East Wing
Conference Room. He said the joint work session on the Master Plan between the Planning and
Zoning Commission and the City Council was changed to October 22"d
7. Commissioners' comments and reports:
Commissioner Culley thanked Mayor Arp and Councilman Hocutt and Councilman Hendler for
attending the meeting.
Commissioner Swift told the commissioners about a letter he received from David Bagwell's
attorney and asked staff about the letter. Barry LeBaron advised the commissioners to respond
that the issue is under advisement.
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Minutes -September 23, 2002
Page 8 of 9 - Approved on October ~4, 2002
ADJOURNMENT:
The Commission moved to adjourn the meeting at 8:40 p.m. The motion was seconded and
passed by acclamation.
Respectfully Submitted,
Jan Levy
Planning & Zoning Assistant
lewi(c~ci.collewille.tx.us
Approved on: October 14, 2002 as submitted.
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 -September 23, 2002
Page 9 of 9 -Approved on October 74, 2002