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HomeMy WebLinkAboutPlanning and Zoning Commission-Minutes-2/28/2000Planning & Zoning Commission Minutes -February 28, 2000 Page 1 of 8 -DRAFT COPY The regular meeting of the Planning and Zoning Commission was called to order by Chairman Hart at 7:00 P.M. on February 28, 2000. Roll Call: Present: Rob Rutherford, Luann Edwards, William Tyler, Jim Fletcher, Bryan Hill, Tom Hart Absent: Mike Collins Staff: Barry LeBaron, Tom Niederauer, Clayton Husband, Jan Levy Invocation: Commissioner Edwards Approval of Minutes: February 14, 2000 Commissioner Fletcher moved to approve the minutes as corrected [Commissioner Collins seconded the motion in item #2 of the February 14, 2000 minutes]. Commissioner Rutherford seconded the motion to approve the minutes as corrected. The vote being: Ayes: Rutherford, Edwards, Tyler, Fletcher, Hart Noes: None Abstained: Hill A Combination Preliminary Plan & Final Plat of Lot 6, Block 2, Heritage High School Addition requested by Miles Fairris, 0.6923 acres located on the south side of Gateway Drive in the 4100 block. Case P-00-008 Tom Niederauer presented the case to the Commission. Commissioner Hill moved to approve the plat, Case P-00-008. Commissioner Edwards seconded the motion. The vote being: Ayes: Rutherford, Edwards, Tyler, Fletcher, Hill, Hart Noes: None 2. PUBLIC HEARING - A Replat of Lot 1, Block A, . Colleyville Shopping Village requested by Tom Wouters of Realty Capital Corp, located on the Southeast corner of Sanders Lane & Colleyville Blvd. Case P-00-013 Tom Niederauer presented the case to the Commission. Chairman Hart opened the public hearing. There being no one present wishing to speak, the public hearing was closed. Chairman Hart moved to approve the plat and grant the waiver form the public right-of-way requirement, Section 38.2 (52) of the Zoning Ordinance. Commissioner Rutherford seconded the motion. The vote being: Ayes: Rutherford, Edwards, Tyler, Fletcher, Hill, Hart Noes: None Planning 8~ Zoning Commission Minutes -February 28, 2000 Page 2 of 8 -DRAFT COPY 3. PUBLIC HEARING - A Zoning Change requested by Derek DeGuire, from AG to PUD-R on 7.217 acres located at 400 W. Glade Road -Madison Place. Case Z-00-010 Barry LeBaron presented the case to the Commission. Chairman Hart opened the public hearing. Those present wishing to speak were: Pricilla Jordan, Heatherwood Block Captain, 3400 Glade Creek Drive, Hurst, said that she called 50 families in the Heatherwood Subdivision and had no objections to Madison Place from any of the families. She said that Heatherwood was once a single entrance subdivision and Madison Place would create a more unified area. She said that the proposed subdivision would increase the market values of their homes. Mrs. Jordan said that she investigated the reputation of the developer and heard nothing but good things about Derek DeGuire and the quality of his developments. She said that her neighborhood has had a history of drainage problems because of the farm and the development would improve the drainage in the area and benefit Versailles Park and Heatherwood. She said that Madison Place will offer privacy, security, and a better traffic flow and with the difficulty involved in developing this parcel, Derek DeGuire would be the best developer to build a subdivision. Leah Chance, 3104 Brazes Drive, Hurst, wanted to know what size homes are being planned for the development. Derek DeGuire, 189 Harwood Road, Hurst, said that the limited width on Glade Road and the depth of the property, create a problem. He said that there is a detention area in the southwest corner of the property and they plan on using a 60-66' pipe underground to alleviate the drainage problems. He said that only having 7 acres to develop in Colleyville, the limited area puts a hindrance on lot size and open space requirements. He said that there are many subdivisions in Colleyville with similar lot sizes. He said that a hardship is created to have 20% open space on such a small parcel of property. Commissioner Fletcher asked if Mr. DeGuire had considered attractive landscaping for the entranceway and to have a divided entryway. Commissioner Hill asked what kind of screening the developer planned for along the eastern side of the subdivision. Mr. DeGuire said that he would require the builder to build a standardized fence. Commissioner Edwards said that the value of the homes in the subdivisions surrounding Madison Place are in the mid $200,000+ range. Commissioner Hill asked what school district the property is in. Mr. DeGuire said that the property is located in the Birdville Independent School District. Jeff Morris, 310 W. Glade, Jordan Add'n, said that his home is 75' away from the eastern boundary of Madison Place. He said that he is not anti-development, but he would like to have additional setbacks required for the lots on the eastern boundary. He said that he would like to see the City require a masonry fence. Planning & Zoning Commission Minutes -February 28, 2000 Page 3 of 8 -DRAFT COPY Rob Leeper, 3417n Glade Creek West, Heatherwood Addition, Hurst, asked if the City of Colleyville has considered de-annexing the property to the City of Hurst. He said that the lot size is comparable to Heatherwood and Mill Creek West. Karen Murchison, 406 W. Glade, said that she is concerned about the loss of natural resources on the property. She said that she owns 2.6 acres adjacent to the eastern boundary of Madison Place and there are four tanks with duck ponds and there are roaming animals. Ms. Murchison said that there are over 100 large trees on this property and she sees no accommodations to preserve or maintain any of the natural resources. She said that Derek DeGuire should be required to come up to Colleyville standards rather than going down to Hurst standards. She said that the density is too high. Judy Urban, 312 W. Glade, said that she and her husband, Jeff, are not opposed to development, but fell that the developer is not giving enough amenities. She said that they are in favor of a wider sidewalk because of the traffic on Glade Road. Ms. Urban said that she is concerned about fencing requirements because she has a pond that could pose a danger if a fence is not required. She said that her pond is filled by drainage from the farm. She said that the developer should build the fence prior to selling the lots rather than requiring the builders to construct fences at the time of building houses on the lots. She also said that there needs to be more green space in the development. Cindy Moore, 3435 Bear Creek, said that she owns 8 acres and does not want the City of Colleyville to lower their standards for Madison Place. She said that this addition will eliminate the rear access to her property and she is opposed to the development. Butch Ethridge, 404 W. Glade, said that he gains his ingress and egress through this property. He said that traffic is a big concern because of 118 future homes being built with at least 2+ cars per family adding to the Glade Road traffic. He said that there is only one entrance and there needs to be another way for the fire department to access the dwellings. He said that these additional dwellings will have a negative impact on the traffic circulation at the school zone on Bransford. He stated concerns about the loss of many large trees and the detention pond on this property. He said that Colleyville will bear the brunt of cost for fire protection and road improvements. He said that DART has control of the railroad tracks in regards to a proposed crossing to the north. He said that there should be standardized perimeter fencing. Butch said that when he was looking for property for Faith Christian School to develop, he estimated it would cost $38 million to improve this parcel for development. Commissioner Edwards questioned whether Butch had a formal agreement with the developer to allow him access to his property. Chairman Hart closed the public hearing. Derek DeGuire said that fencing standards would be addressed through the deed restrictions. He requested that the Commission table the case so that he could address concerns raised in the public hearing. He said that the City of Colleyville and the City of Hurst could adjust the city limit lines on the split lots and this action would need the approval of both cities. He indicated what trees would be exempt from the Tree Preservation Ordinance. He said that he would investigate the possibility of connecting utilities and increasing the amenities. Planning 8~ Zoning Commission Minutes -February 28, 2000 Page 4 of 8 -DRAFT COPY Commissioner Edwards said that she does not have a problem with the lot sizes because of the comparable lot sizes in the area. She said that she would be in favor of increasing the lot sizes along the eastern boarder in lieu of giving up 20% open space. She said that the traffic on Glade Road is very bad and a wall is a necessity as is a larger sidewalk for the trail system. Commissioner Hill said that he would be in favor of fewer lots, more amenities in Colleyville and a masonry wall. Commissioner Hart said that this subdivision is a gateway into Colleyville and would like to see the developer improve the amenities for the entranceway. Commissioner Tyler said that the developer needs to make some compromises and come up to the standards established in Colleyville. Commissioner Rutherford moved to table the case. Commissioner Fletcher seconded the motion. The vote being: Ayes: Rutherford, Edwards, Tyler, Fletcher Noes: Hill, Hart 4. PUBLIC HEARING - A Zoning Change requested by David Whisenant, from R-20 to PUD-C on 23.709 acres located on the N. side of Glade Rd., E. of Oak Timbers Ct. - Riverwalk at Colleyville. Case Z-00-011 Clayton Husband presented the case to the Commission. Chairman Hart opened the public hearing. Those present wishing to speak were: Mark Howe, 3100 Carisbrook Court, said that he is representing the landowners, the Wellmans, the Daceys and the Smith's property. He said that this is a different proposal than the last one that was recommended for approval by the Commission and denied by the Council as they have included commercial space for retail and office use. He said that they have increased the open space from 13% to 20%. He said that there is 100+ feet between the residential lots and the commercial property to the north. He also said that there is emergency access to the north and to the south. Mr. Howe said that their original proposal had 108 lots and this proposal has 68 lots. Conrad Rogers, 1213 Garry Lynn, said that he was involved in the citizen committee for the TIF district. He asked the size of the commercial buildings and stated concerns about potential two story structures. He asked about the size of dwellings. Mr. Rogers asked if the developer had considered reversing the layout of the subdivision to keep the residential portion along Glade Road because of the existing residential dwellings along the south side of Glade Road and the future commercial to the north of the addition. He questioned potential widening of Glade Road or the addition of a turn lane. Mr. Rogers questioned future drainage plans and wanted to know if Riverwalk will drain across Glade Road because there is currently a drainage problem in the area. Planning 8~ Zoning Commission Minutes -February 28, 2000 Page 5 of 8 -DRAFT COPY Chuck Wellman, 1204 Glade Road, said that this is a good use of the property and the developer has presented a better plan and wants the approval by the Commission. Wayne Quinechet, 5605 Oak Timbers Court, said that the neighbors and developer reached an agreement for an 8' masonry and wood fence. He said that he has concerns about the drainage and he wants assurance that this addition would not bring additional water across his property. He said that he does not want two story homes backing up to his lot and he would like the developer to limit the commercial buildings to one story. Mark Dolan, 5105 Oak Timbers Court, said that he just purchased his house and he said that there is no change from the original proposal as he will still have 3 homes adjacent to his property. He said that he does not want two story homes next to his lot. Mr. Dolan said that he wants protection that his barn will not be disturbed by the development. He acknowledged that the developer has changed his request from 108 lots to 68, but wants the developer to keep trying and get larger lots. Mark Howe said that the Master Plan calls for office in this area. He said that the property is centrally located as a part of the Town Center and the neighbors prefer residential to commercial. He said that the agreement for the fence adjacent to the lots on Oak Timbers Court is stated on the zoning exhibit. He said that the dwellings would be 2,800+ sq. feet. Commissioner Fletcher asked if the developer had considered limiting the residential structures adjacent to the Oak Timbers Court property to one story. Discussion ensued about limiting windows on the second story. Richard Carter, in partnership with the developer, 207 Country Road, Lampasas, said that the water treatments along both side of Riverwalk will be beautiful and an asset. Chairman Hart closed the public hearing. Commissioner Edwards questioned the design criteria for the commercial buildings. Discussion ensued about increasing the point requirement to insure that the commercial buildings would be compatible with residential dwellings. She said that she would be in favor of eliminating windows facing west on the second stories of the dwellings in the cul-de-sacs. She also said that she would be in favor of requiring an additional 5 feet for the rear yards on the lots in the cul-de-sacs adjacent to the homes on Oak Timbers Court. Commissioner Tyler said that he is opposed to small lots. Commissioner Fletcher said that when the Master Plan was developed, they planned for these kinds of developments in transitional areas and this development meets the Master Plan requirements. He said that the commercial aspect of the new proposal is a plus. Commissioner Fletcher said that he would be in favor of no windows facing west in the cul-de-sacs. Commissioner Hill commented on the agreement for the fence and the design criteria for the Planning 8~ Zoning Commission Minutes -February 28, 2000 Page 6 of 8 -DRAFT COPY commercial buildings. Commissioner Hill moved to recommend approval of the zoning change subject to: 1) the lots on western boundary being are required to have 25' rearyards; 2) the commercial buildings are required to have a design criteria of 30 points and be single story; and 3) the fence along the western boundary will be constructed as described on the zoning exhibit. Commissioner Edwards seconded the motion. The vote being: Ayes: Rutherford, Fletcher, Hill, Hart Noes: Edwards, Tyler 5. PUBLIC HEARING - A Zoning Change requested by Lanny Wilkinson, from ML, AG, & CC-1 to PUD-C on 8.789 acres located on the W. side of Colleyville Blvd. in the 6400-6500 block - Winding Creek Addition. Case Z-00-012 Clayton Husband presented the case to the Commission. Chairman Hart opened the public hearing. Those present wishing to speak were: Doug Henderson, 3602 Lake Champlain, Arlington, representing the applicant. He said that Winding Creek is a village style development on Colleyville Blvd. that provides nonresidential uses and offers strong sensitivity to the natural environment. He said that it also protects the adjacent residential properties with screening buffers and tree preservation on the western border and the southwest corner. Several hundred feet of water lines will be extended down Colleyville Blvd. from the Chamber of Commerce and improvements to drainage will occur. The applicant is requesting no exemption for trees located under the slabs and 50' building setbacks and asks only of the corner of the property for convenience store and gasoline sales. The PUD will be much more restrictive than the uses in the current ML uses. This PUD provides 30% open space rather than the required 20% open space. Mr. Henderson stated that this PUD either complies or exceeds every technical requirement in the Colleyville Zoning Ordinance. He said that with the addition of a day care center on the property, other commercial retail businesses will be attracted to the area. He said that the day care center is key to the economic development of the City of Colleyville. He said that the rest of the project will be devoted to retail development. He asked that the Commission honor the 50' building setback and not require the 30' landscaping requirement because of the applicant's desire to preserve the trees and provide 30% open space. Discussion ensued about the number of curb cuts. Mr. Henderson said that they have four entrances because they need them, and there is no ordinance that establishes the distance between driveways. He said that the 150' separation meets ITE design standards. He said that a deceleration lane should not be required as a part of the zoning change and it would need to be approved by TXDOT. Leslie Henry, 6417 Kingston, spoke in support of the zoning change request. She is in favor of the 50' building setback adjacent to the residential neighborhood. She said that she has no objections to the day care center or office buildings. Planning & Zoning Commission Minutes -February 28, 2000 Page 7 of 8 -DRAFT COPY Lanny Wilkinson, applicant, said that he looked as the PUD not as a way to do less, but as a way to do more for the city and the neighbors. He said that he wants to be a part of a development that he is proud of and is a benefit to the City and is more restrictive. He wanted to raise the standard from the current ML zoning on the property. He said that he needs to propose at least three curb cuts because the coordinate with streets on the eastside of Colleyville Blvd. and improve the flow of traffic on the property, especially the proposed gas station. Discussion ensued about the 8' fence he is proposing on the rear of the property and the possibility of constructing a deceleration lane. The public hearing was closed. Discussion ensued by the Commission relating to multiple curb cuts and the need for at least two entranceways for a gas station. Commissioner Fletcher said he agrees with the applicants desire to waive the additional 30' green space when the applicant is requesting a 50' building setback. He said that moving the building forward is more important than additional green space. Dean Bailey, 3221 Cross Timbers, Garland, the developer of the day care center. He said that Creme de la Creme's pricing is two times as expensive as the proposed operators pricing and they serve a very narrow niche in the market place. Commissioner Edwards reminded the Commission that a gas station or automotive store can be located by right into the current ML portion of the property and there are advantages to changing the property to PUD. Commissioner Hill questioned staff's opposition to a day care center and a gas station. Staff responded that they did not meet the goals of economic development. Commissioner Fletcher moved to recommend approval the PUD zoning change request. Commissioner Tyler seconded the motion. Commissioner Fletcher amended the motion to suggest that applicant try to include deceleration lanes Colleyville Blvd. in the project. Commissioner Tyler seconded the amended motion. The vote being: Ayes: Rutherford, Edwards, Tyler, Fletcher, Hill, Hart Noes: None 6. Citizens' comments: There were none. 7. Staff comments, reports and discussion items: Barry LeBaron advised the Commission of a joint workshop with the City Council on March 16t" at the Community Center to discuss the Land Development Code. 8. Commissioners' comments and reports: Commissioner Edwards questioned the schedule for the Impact Fee Advisory Board. Barry LeBaron advised the Commission that they will meet on March 13t" prior to the Planning and Zoning Commission meeting. Planning 8z Zoning Commission Minutes -February 28, 2000 Page 8 of 8 -DRAFT COPY ADJOURNMENT: Chairman Hart moved to adjourn the meeting at 10:50 p.m. Commissioner Fletcher seconded the motion. The motion passed by an "Aye" voice vote. Respectfully Submitted, Jan Levy Planning & Zoning Assistant Approved on: NOTE: As a matter of public record, an audio recording of the above Planning and Zoning Commission meeting is available upon request. [ Jn~miNO22spz.min]