HomeMy WebLinkAboutPlanning and Zoning Commission-Minutes-9/11/2000Planning 8~ Zoning Commission
Minutes -September 11, 2000
Page 1 of 14
The regular meeting of the Planning and Zoning Commission was called to order by Chairman
Hart at 7:00 P.M. on September 11, 2000.
Roll Call: Present: Rob Rutherford, Luann Edwards, William Tyler, Jim
Fletcher, Bryan Hill, Tom Hart
Absent: Mike Collins
Staff: Barry LeBaron, Clayton Husband, Jan Levy
Invocation: The invocation was given by Commissioner Rutherford.
Approval of Minutes: August 29, 2000
Commissioner Fletcher moved to approve the minutes as submitted. Commissioner Hill
seconded the motion. The vote being:
Ayes: Rutherford, Fletcher, Hill, Hart
Noes: None
Abstained: Edwards, Tyler
1. A Combination Plat, Lot 1-R, Block 1, Skipper's Estates, being a replat of Skipper's Est. & a
portion of Phipps Add'n, and a 2.5785 parcel, on 7.9067 acres located at the north end of Bill's
Lane. Case P-00-063
Barry LeBaron presented the case to the Commission. He distributed a response letter from the
applicant's surveyor that addressed the Development Review Committee comments. Mr. LeBaron
said that David Myers, David Moak Surveyors, Inc., asked staff if they would recommend approval
if the Wadleys agreed to dedicate a 40' temporary access easement with a 180° radius which
would create '/2 of a turnaround. Barry LeBaron said that if other surrounding properties ever
develop, the could dedicate an equivalent portion to create a cul-de-sac. Staff said that they could
change the recommendation to approval if the Wadleys changed the plat.
The Commission discussed future development of properties in the area. Ed Wadley was present
to address the Commission's questions regarding potential development.
Commissioner Edwards moved to approve the plat subject to the applicant adding the
suggested half circle with a 40' radius as a temporary access easement on the property at
the end of Bill's Lane. The vote being:
Ayes: Rutherford, Edwards, Tyler, Fletcher, Hill, Hart
Noes: None
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Minutes -September 11, 2000
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2. PUBLIC HEARING - An amendment to the PUD-C,
commercial building requested by Behjat McElroy,
Cavillino Park located at 1001 & 1005 Village Park.
0-96-1024, to allow living quarters in a
New Synergy Inc., on Lot 1, Block 1,
Case Z-00-061
Barry LeBaron presented the case to the Commission. He told them that the original PUD on the
property was approved in 1996 and allowed uses for offices and service uses and the applicant is
requesting to add a residential component. The one building that is 5,000 s.f. will have 2,000 s.f.
of residence and the building that is about 5,000 s.f. will have 850 s.f. residence. He said that a
number of written letters of opposition have been received and are included in the packet.
Commissioner Edwards said that staff noted that the residential use would have an immediate
positive impact and she asked staff to explain their reasoning. Mr. LeBaron said that combined
commercial/residential use has been a fairly new phenomenon and for years cities tried to
separate the uses. He said that over the last five years there has been a trend to combine the
uses and Colleyville has already done that. He said that by getting additional eyes that live within
a commercial area, a security benefit is added by people still being in the development ratherthan
vacating at the end of the work day. Commissioner Edwards asked if a mixed use would change
the rear yard setbacks. Mr. LeBaron said that they wouldn't unless the Commission wanted to
change them in the PUD ordinance. Commissioner Edwards said that the 1005 building is located
very close to the property line and she hopes that there are no windows on the back side of the
building. She asked if a residential use is approved, could they still use a 10' setback with no
windows. Mr. LeBaron said that they could build it to the site plan or any other conditions imposed
by the Commission.
Commissioner Tyler said that he read the opposition letters and asked staff if anyone called to
identify what their particular complaint was. Mr. LeBaron said that he did not talk to anyone.
Commissioner Tyler asked if there was a restriction as to how many people could live in the
residential unit or is there a way to limit the number. He said that he would like to hear from the
opposition.
Chairman Hart opened the public hearing. Those present wishing to speak were:
Mehrdad Moayedi, 3708 San Taiga, Irving, said that he is the owner of the property and his
mother, Behjat McElroy is the applicant. He said that the project was not initially envisioned for
residential use, but is a recent concept because of requests for purchase and lease of the two
buildings. He said that the 800 s.f. unit will not be a permanent residence as the people leasing
the building are an investment firm out of California. He said that they wanted to have a place to
stay for people who come from out of town on a temporary basis. Mr. Moayedi said that there is a
person trying to purchase the second residence and if that does not materialize, his mother who is
a single person, will be living there on a permanent basis.
Mr. Moayedi said that he believes that the problems the neighbors have stems from the fact that
the project has taken so long to develop and relates to the fence and other issues on the property
line. He said that he has been working with staff and the changes in the road design to connect
Glade and Village Park have delayed their project. He said that he cannot start the last building
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until the design for the road is completed. He said that once staff gives him the proper elevation
for the road they will know where to construct the slab. Commissioner Hill asked the owner if the
smaller guest quarters will be used by people on a temporary basis with them coming and going.
Mr. Moayedi said that he cannot tell the Commission how many times a week the living quarters
will be used, but it will be used by employees from California and New York and will remain a
residential type of use. He said that the second property will be more of a permanent residential
property. He said that it will be more toward Village Park across from LaPlaza that also has a
same situation.
Commissioner Fletcher asked Mr. Moayedi if he has met with the neighbors and he responded
that he has not, but he has met with the staff to try to resolve the problems. He said that he
cannot resolve the problem unless he gets building permits to complete the project, but he will be
willing to meet with the neighbors. He said that his mother has met with the neighbors. He said
that as the owners, they are required to provide some sort of screening and they have upgraded it
to a masonry wall and that should make the neighbors happier. He said that they are not required
to use masonry but they are willing to.
T. U. Tutt, 4800 Bedford Road, adjacent to the south said that originally they had no opposition to
the commercial project as it would be better than apartments. He said that apartments do not
belong in a residential area and all six landowners within 200' have written opposition. He said
that there is a rented house in the area that creates problems and the occupants cannot be
evicted because of laws and a similar situation may happen on this proposed rental property. Mr.
Tutt said that people typically do not take care of apartments. He said that when the project was
passed in 1996, the minutes reflected that a 6' masonry fence along their property would be
constructed. He said that staff advised that the 6' masonry fence would be constructed and the
Planning and Zoning Commission approved the change with staff's recommendations. He said
that the original zoning exhibit includes a proposed masonry fence along his property. Mr. Tutt
said that they probably don't need to build a masonry fence along the entire length of the property
because he has a good steel fence along a portion of the joint property line. He said that it is a
steel fence on a concrete footing and the applicant has piled dirt along his fence as high as 2 to 3
feet high and it will rot the fence. Mr. Tutt said that he has asked the owners to fix the problem.
He said that he has a very bad drainage problem created by the runoff from this property. He said
that the City Engineer has looked at the situation and there is a gully that has eroded off the
commercial place and it needs to be filled in. He said that the problem he has with the request is
that the owners already don't care what happens to the neighbors and transient residents will care
less and not take care of the property. He said that the owners tell him that they will fix the
problems and then they totally ignore his requests. Mr. Tutt said that he has lived in Colleyville for
40 years. He also said that the parking spaces are very limited and he is not interested in selling
his property to increase parking. He said that this is not the place for residential. He said that he
has to clean up from roofing materials, trash bags, paper cups and other debris. Mr. Tutt said that
if a family moves in with children, there would be no areas for children to play and the owners
cannot discriminate if a family wants to move in with children. He said that he has tried to be a
good neighbor and agreed with the original zoning change request, but the fence has not been
constructed and the drainage has gotten worse, dirt is piled against his fence, so he is opposed to
the current request.
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Minutes -September 11, 2000
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Commissioner Edwards asked Mr. Tutt to indicate where his existing fence is located on the
overhead. He said that it was indicated earlier that the setbacks are limited by windows and the
building closest to Bedford Road does have windows on the second floor facing their property.
Commissioner Fletcher asked staff if they were aware of the requirements for a brick wall in the
original ordinance. Mr. LeBaron said that he was not, but would have to research. He said that
this proposed ordinance does have provisions for a masonry wall and the Commission can place
restrictions and conditions on their recommendations. Commissioner Rutherford said that the
applicant has agreed to do that.
Axel Holland, 1000 Jo Carol Lane, directly east of the 1005 Village Park building. He said that he
had the opportunity to come to the meetings four years ago and at that time they heard a lot of
promises from the developer as they have heard tonight. Mr. Holland said that the neighborhood
has a problem with the credibility of the developer as he has promised a lot of things and has not
fulfilled his promises. He said that staff has spoken about mixing residential with commercial
property and one of the benefits is someone to keep an eye on the property and he would like to
assure the board that he lives directly to the east and will keep a good eye on it too. Mr. Holland
said that not only did Mr. Tutt not get a fence, there should be a drainage plan. He said that there
is runoff going into the existing neighborhood and part of the drainage will not be restrained by a
fence alone. Mr. Holland said that four years ago, the issue of multi family property was
addressed by changing the area property to single family for a mile or so down the street. He said
the issue of multi family was addressed and voted down and he finds it difficult to believe that they
are sitting at this meeting to consider rental units in the neighborhood. He said that he is not in
favor of a favorable consideration of the request.
Mehrdad Moayedi responded that the developer that originally zoned the property was not them
and they did not make any promises that they did not uphold and Mr. Holland needs to get that
straight. He said that the conditions were made by Mitchell Properties and they bought it already
zoned. He said that they were not aware of a requirement for a masonry fence yet they were
voluntarily going to construct one. Mr. Moayedi said that Baker Development built the buildings
and went out of business and left the property with a bigger drainage problem that currently exists.
He said that they have spent about $170,000 across the street to correct the problem that
eventually affects the Tutts property. He said that he wants it made clear who they are and how
they got there.
Mr. Moayedi said that they are not creating apartments and the building that is closest to Mr.
Holland will have a permanent residence. He said that the other building would have an executive
suite for people to come and go. He said that the Highway Department is responsible for the road
alignment to connect Thompson Terrace and Glade Road in the next thirty days. He said that the
engineering firm had to correct all of the elevations for the area before they could be advised
where to put the slab for the new building. He said that he would construct the retaining wall once
the road is designed. He said that the comment on their credibility may have been made without
knowledge of all of the facts. He said that his site plan turned into the city does not state a
masonry fence, but that is something that they are voluntarily doing. He said that there will be a
drop inlet that will be put in when the slab on the next building is poured. He said that the
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Minutes -September 11, 2000
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drainage cannot be fixed in such a small area without the inlet and the slab being poured. The
grass cannot be planted to help the drainage until the building is finished.
Commissioner Hill asked Mr. Moayedi when he purchased the property. He said that itwas about
two years ago. He said that he has sent guys on tractors to clean up the debris and dirt piles
against the fence. He said that there couldn't be erosion because of no rain and how dry
everything is. He said that staff asked him to do a temporary fix while they review the road design
plans and elevations.
T. U. Tutt displayed a copy of the zoning exhibit that was approved with the zoning change. He
showed where it indicated a "proposed masonry fence" along his property. He talked about the
erosion and said that he has fine irises and roses and they are being washed out when there were
rains in the spring.
The Commission discussed with the applicant the number of parking spaces and the requirements
for a mixed use. Commissioner Edwards said that there would be shared access and parking and
it appears that it is adequate. They discussed taking 2,000 s.f. out of the office parking ratio and
how the residential would require less parking than an office use.
Mr. Moayedi said that the tenant of the smaller unit would have a 3 year lease with an option to
buy. He said that this would be their D/FW headquarters and they would use the suite when they
had someone working from out of town.
There being no one else present wishing to speak, the public hearing was closed.
Staff said that they did not know why the masonry wall has not been built yet if it was required with
the PUD. Mr. LeBaron said that if the Commission wanted to make that a part of the conditions,
they need to indicate beside the specifics, the time that it is to be constructed. He said that it is
possible that the language was not clear in the previous PUD. The Commission asked the
applicant to address the timing of constructing a masonry wall. Mr. Moayedi said that he will be
willing to construct the wall once he has a permit to construct the slab and get the framing
structure of the third building in place so that it doesn't damage the wall once it goes up. He said
that he doesn't need to have the inside done, just the framing in place, structurally with the roof on
then he can build the fence, landscape and put grass in so it doesn't hurt anybody's yard.
Commissioner Rutherford asked Mr. Moayedi to get with Mr. Tutt to work out the drainage
situation. He said that he would be glad to.
Commissioner Hill asked Mr. Moayedi about the location of the masonry fence. He said that there
is an existing fence placed in a concrete wall. He said that he could put a masonry fence in front
of the wall, but he couldn't insert a masonry fence inside of where the wall is now. He said that he
hopes that with the Tutt's permission, they could take their fence down so that there aren't two
fences on top of each other. He said that he would get with the Tutts to work out the details.
They determined that there was 235' along the common property lines.
Commissioner Edwards said that she is a little confused because Mr. Tutt said that he would
prefer to keep his steel fence and Mr. Moayedi would only need to build a masonry wall on the
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Minutes -September 11, 2000
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front part of the property. Mr. Moayedi said that from his side there would be two different fences
and that would be o.k. because he plans on heavily landscaping the area. Mr. Moayedi said that
he would be all right with leaving Mr. Tutt's fence and constructing a masonry wall, and if Mr. Tutt
wants a wall built along the entire length of the property, he would do that too.
Chairman Hart told Mr. Tutt that they wanted to make sure that they are taken care of. He asked
Mr. Tutt if he was o.k. with leaving the metal fence on the property. Mr. Tutt said that the metal
fence was fine with him and he has a concrete footing that comes up 12"high, but they have piled
dirt up against it and have not gotten it out of it like they said they would. Chairman Hart asked
Mr. Tutt if the first portion of masonry wall was built, would it improve what they are looking at. Mr.
Tutt said that it would and he has tried to diminish the buildings by putting lattice up and planting
rose bushes, but he can't cover it all. Mr. Moayedi asked Mr. Tutt if he knew whether or not he
knew if the steel fence was on his property or theirs. Barry LeBaron said that if Mr. Moayedi was
required to put up a masonry screening wall, it is his responsibility that it is on his property and a
surveyor can determine the location. He said that the requirement for the fencing is placed on the
commercial and not the residential.
Commissioner Rutherford moved to recommend approval with the construction of a
masonry 6' fence approximately 235' in length to be built on or about after the third
building is in place structurally.
Commissioner Hill questioned what structurally complete means. Commissioner Rutherford said
that it would be when the exterior of the building is completed. Commissioner Rutherford
amended his motion to when the exterior of the building is completed.
Staff asked for a clarification. Barry LeBaron said that there is 235' from the southwest corner of
the property to the first notch along the point where the existing metal fence is located. He said
that there is an additional 181' to Bedford Road. He said that the motion mentioned a specific
distance that was on the side where the existing fence is located. Commissioner Rutherford
amended his motion to be approximately 181' from the southeastern property line to the
notch where the metal fence begins. Commissioner Hill seconded the motion.
Commissioner Edwards said that she has some concerns about the smaller residential unit. She
said that she is aware that the developer has some plans for it in the next few years, but what is
going to happen three to four years later. She asked the Commission if that is something they
want to get into. She said that she actually likes mixed uses, but there was a lot of opposition with
this request. She said that she does not have a problem with the larger residential unit because
someone will always be living in it, but the smaller one the company may sell and then it becomes
vacant.
Commissioner Fletcher said that he has to agree with Commissioner Edwards' statement He
said that it is not the fence or the drainage that concerns him, but he is concerned about the
compatibility of zoning. He said that with an existing structure in an existing neighborhood, they
would be changing the character of the neighborhood by approving the request and the 800 s.f.
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unit lends itself to becoming a rental property He said that it may not be the intent of the
applicant, but it could not be controlled in the future and he would be opposed to this ordinance.
Commissioner Hill said that he sees two points, one being the residential use and the other being
the neighborhood's concerns because the project has not been built in a way that they are happy
with. He said that he does not have the concerns with the residential use because of the Village
being built right around the corner and this is a good use for a transitional area. He said that he
believes that the motion on the table is the right way to go.
Commissioner Rutherford said that he agreed with Commissioner Hill and there is a comparable
situation at the Ritz property because there is commercial on the one side of the road.
Commissioner Fletcher said that there was no citizen opposition to the Ritz zoning change.
Commissioner Rutherford said that he does like the mixed use and hopefully they can make sure
that the owner of the property takes care of it through the enforcement of City ordinances. He
said that in 3 to 4 years it may be sold and made a permanent residence.
Commissioner Tyler said that if the property were to sell in the future, the new owner would
probably want to make the entire building commercial and tear out the residential to make the
entire area able to be rented for commercial use. He said that the amount of rental space would
be important to investors. He asked if there was a way to make sure the residential area could not
be expanded from 850 s.f. Barry LeBaron responded that the proposed ordinance could stipulate
the maximum and minimum square footages. Commissioner Tyler said that he would not need
those limits to approve the ordinance as set forth, but he is only making the recommendation to
help move this item forward. He said that he believes if the property was sold in the future, a
smart investor would get more money from commercial rentals than residential.
Commissioner Hill asked staff if the site plans have the square footages on them and if they are
included as attachments, do they need to add the maximum square footages to the ordinance.
Barry LeBaron responded that if there are areas that may become a point of contention, he would
prefer to see them listed in the language of the ordinance as the exhibit could be subject to
interpretation.
Commissioner Rutherford amended his motion to include the maximum residential living
square footage within the language of the ordinance and the site plan. Commissioner Hill
seconded the amendment. The vote being:
Ayes: Rutherford, Tyler, Hill, Hart
Noes: Edwards, Fletcher
3. PUBLIC HEARING - A Zoning Change requested by Father Ghobrial Samaan, St. Mary
Church, from AG to R20 on 3.754 acres located at 1110 John McCain Road. Case Z-00-0476
Tom Niederauer presented the case to the Commission. Commissioner Hill asked what the
setbacks are for the current zoning category and the proposed zoning category. Staff advised him
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Minutes -September 11, 2000
Page 8 of 14
that there was a 25' side yard in AG and a 10' in R20. They said that there was a 40' rear yard
required in AG and a 25' rear yard in R20.
Chairman Hart opened the public hearing. Mr. Eskander, the project architect, was present to
represent the case. He spoke about the church's master plan and how the R20 zoning category
would allow them to build up to 30% coverage for a new sanctuary and Sunday school classroom.
He said that they will not put any buildings closer to the neighbors than 25'.
Commissioner Edwards asked how soon will the construction begin. Mr. Eskander said that the
project will begin in 2001.
Kirt Kauffman, 1208 John McCain Road said that he had concerns with the setback in the R20
zoning district. He said that there is currently a rural atmosphere and church buildings tend to be
big buildings and have large facilities. He said that parking lots next to his property will create
noise when car alarms go off.
Mr. Eskander said that the chapel is currently in the center of the property and any new
development will take place between the chapel and the street. Mr. Kauffman said that he was
not aware of the proposed site plan. Mr. Eskander said that once the sanctuary and Sunday
school classrooms are built the site would be 30% built out and more buildings could not be
added.
Kirt Kauffman said that he would like to make sure he gets no parking lots or concrete poured
near his residence. Commissioner Edwards said that he needs to trust his neighbor. She said that
because the applicants are who they are, they have a high rate of confidence that they will do
what they say. She said but in fact the only way the City can enforce those conditions would be to
force the applicant to request aPUD-R zoning change and stipulate percentages, parking and
whatever concerns they have. Mr. Eskander said that if they get approval for R20 they wouldn't
mind coming back for a PUD. He just needs something to continue his plan because things in the
church take a long time to be approved and to raise the funds. He said that if he knows that he
has 30% coverage, he can continue with his plans. Commissioner Fletcher said that the church
has been a long time resident of Colleyville and sometimes you need to stand for someone's
word. He said that the applicant has committed to something, and they need to stand by it.
There being no one else present wishing to speak, the public hearing was closed.
Commissioner Fletcher moved to recommend approval of the zoning change from AG to
R20. Commissioner Hill seconded the motion. The vote being:
Ayes: Rutherford, Edwards, Tyler, Fletcher, Hill, Hart
Noes: None
4. PUBLIC HEARING - A Zoning Change requested by Blankson Asiama, from AG to R20
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Minutes -September 11, 2000
Page 9 of 14
(single family residential, min. lot size 20,000 s.f.) on 1.35 acres located at 3203 Glade Road -
south side of road. Case Z-00-051
Barry LeBaron presented the case to the Commission. He said that in the previous request for
R40, the adjacent property owner, the church, spoke in order to reveal their plans to build on their
property. They did not speak in opposition but from a position of disclosure that they wanted the
applicant to know that they plan to expand their facilities and parking area. He said that eventually
that expansion would get closer to the house that Mr. Asiama wanted to build at the proposed
location when he wanted two dwellings on the property.
Chairman Hart opened the public hearing. Those present wishing to speak were:
Blanksom Asiama, applicant, said that he will try to make his place good for everybody. Mr.
Asiama said that he could not be at the last hearing because he had to be overseas to conduct
business. He said that it has cost him a lot of money to change his plans to do what they want
him to do. He said that his original intention was to rezone to R20 so that his son could build
close by as is the custom in his culture. He said that he changed his plans to R40 like
Commissioner Edwards advised him to do and it makes sense. He said that he does have
concerns about the future location of the church as to how close it can get to the residential. He
said that he is pleased with what the Commissioners are doing and he will go with their wisdom.
There being no one else present wishing to speak, the public hearing was closed.
Commissioner Fletcher said that the last time they considered the R20 request, the minutes will
reflect that they were in favor of an R40 zoning district and it is the proper zoning for this property.
Commissioner Hill said that the applicant expressed a concern about what or what not the church
could do on their property. He said that their entire parcel is zoned AG and they would be subject
to those setbacks which are more restrictive than some of the other districts. If the church would
ever seek a zoning change, Mr. Asiama would be notified and he would have an opportunity to
comment on the change.
Commissioner Fletcher moved to recommend approval of the zoning change to R40.
Commissioner Tyler seconded the motion. The vote being:
Ayes: Rutherford, Tyler, Fletcher, Hill, Hart
Noes: Edwards,
5. PUBLIC HEARING - A Special Use Permit for an accessory building requested by Jim Gray,
on Lot 3, Erickson Subdivision located at 300 Quail Run. Case S-00-062
Barry LeBaron presented the case to the Commission. He told about the location, size, and style
of the proposed structure. Chairman Hart opened the public hearing. Those present wishing to
speak were:
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Minutes -September 11, 2000
Page 10 of 14
Fran Gray, 300 Quail Run, said that the structure will blend and look like the existing house and
be out of sight from the street. She said that her husband collects very expensive automobiles
and needs a place to keep them. She said that there would be no commercial use of the building.
Royce Brewer, 3504 Meadowlark, said that the property had been used for a commercial
landscaping business for many years and they don't want commercial activities. He said that they
do not want vehicles coming and going as was happening with the lawn service.
Fran Gray said that her husband will not be doing repairs on the cars.
There being no one else wishing to speak, the public hearing was closed.
Commissioner Hill said that this is a very large structure and he was surprised at the lack of
opposition. Commissioner Rutherford agreed.
Commissioner Edwards moved to recommend approval of the special use permit for an
accessory building. Commissioner Rutherford seconded the motion. The vote being:
Ayes: Rutherford, Edwards, Tyler, Fletcher, Hill, Hart
Noes: None
6. PUBLIC HEARING - A Zoning Change requested by Doug Henderson representing Kipp
Whitman, Lavaca Trail, LLC, from R40 to PUD-C (planned unit development-commercial) on
6.335 acres located at the southeast corner of Lavaca Trail and Precinct Line Road. Case Z-
00-070
Barry LeBaron presented the case to the Commission. He said that while Kipp Whitman changed
his request when it was before City Council to include a kennel, and the Council was concerned
that the P&Z did not see that proposal nor was it advertised to the public. The proposal that the
Commission currently has is the same site, to be developed into 4 lots with 3 on Precinct Line
Road and the 4th at the rear will have a 35,000 s.f. kennel. He said that the ordinance before
them has a number of provisions, but they only have a site plan for the one lot with the kennel. He
said that the advantages are that the property is rather deep and it preserves and protects the
property along Precinct Line Road and the corner. He said the land to the rear has less value for
a good use. He went over the proposed ordinance. He said that the applicant is asking for a
waiver of the preliminary plat requirements which gives him some flexibility should the lot
configurations change according to the tenants he picks up. He said that this would not exempt
him from doing a preliminary plan, but it could be done at a later date. He said that the
combination preliminary plan and final plat could be determined by the Commission. Mr. LeBaron
said that staff is somewhat divided on their recommendation of approval because there is
currently no business like this in Cotleyville and they aren't sure what kind of an impact it will have
on adjacent properties in the terms of marketability. He said that staff is not retail brokers. He
said that he could lean toward recommending approval because the applicant is preserving the
good property on Precinct Line Road.
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Minutes -September 11, 2000
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Commissioner Hill asked if kennels generate sales tax. Mr. LeBaron said that they generate very
little sales tax, but they may attract other business that will sell retail products and pay taxes.
Chairman Hart opened the public hearing. Those present wishing to speak were Kipp Whitman,
3402 Cossgate Circle South. He said that he wanted to dispel the old concept of kennels and
they are now geared to be state of the art with a good looking building. He said that the building
will be tall enough to have interior runs and this will contain the sounds. He said that the owners
will manage the waste. He said that the clients currently run a kennel in Westlake and she
contributes to city charities and has 7,000 active clients. Mr. Whitman said that 450 of her clients
are Colleyville residents and this will be a destination that will attract clients and provide activities.
Chairman Hart asked what kinds of animals will be boarded. Mr. Whitman said that it would
primarily board dogs and some cats. He said that the kennel is very exclusive and the animals
have their own housing units and would always be with a trainer when they are taken outside to
the dog run.
Commissioner Fletcher asked why the play yards are located to the east adjacent to other
property rather than putting them to the west adjacent to other commercial property. He said that
the impact and nuisance should not be forced on to the neighbor to the east.
Bill Souder, 305 Brookridge Court, Hurst, said that he owns the property to the west and south
side and it is prime land for development but not for a dog kennel. He said that this is prime land
for a large shopping center and a kennel does not fit in with other uses. He said that much
thought went into the Masterplan in the past and the area was geared to a big center at this
location. He said that a kennel doesn't generate sales tax and it degrades his property.
Commissioner Fletcher asked him what he envisioned in the future. He said that he envisioned
consolidating property to allow the construction of a quality supermarket and shopping center.
Commissioner Edwards asked how soon did he envision that to take place. Mr. Souder said that
once the retail gets built on Hwy. 26 and Hwy. 121, the next location for development would be
Precinct Line Road. Mr. Souder said that a kennel would be a negative to any future
development.
Lewis Martin, said that he owns Lots 4 and 5 on Lavaca Trail. He said that he is opposed to the
request because he does not want dogs barking and the use will cause devaluation of his
property. He said that they can propose soundproofing, but there will still be barking dogs. He
said that even if it is a Waldorf kennel, it will look like a kennel. Commissioner Fletcher said that
he recommends that the applicant put the play yard on the other side of the property and
wondered if Mr. Martin would be less opposed if that happened. Mr. Martin said that he is
opposed to dogs barking and the dogs' voices carry a long way. He said when people hear there
is a kennel, they back off.
Danny Ogel, 1009 W. Lavaca Trail, said that the neighborhood is currently quiet and a kennel
would not be his favorite choice. He said that he wants to have assurance that something of
quality would be built. He said that he wants a good barrier to keep the area a quiet residential
area. He said that a kennel would be a negative advertisement for the area.
Planning 8~ Zoning Commission
Minutes -September 11, 2000
Page 12 of 14
Kipp Whitman, responded to the neighbors' concerns. He said that the property is 550' deep and
there is property that is in the flood plain. He said that the property to the east is used for grazing
and nothing is happening in the area for commercial development now. He said that the kennel
would be a magnet as the kennel owner has a 7,000 client base and the kennel will be state of the
art.
There being no one else wishing to speak, the public hearing was closed.
Randy Allen, the architect on the project, was present to answer the Commissioners' questions.
He displayed renderings of the proposed kennel and said that when you drive by, you do not know
it is a kennel. He said that the kennel will have an interior courtyard. He said that the play yards
were designed to take advantage of the afternoon shade. Mr. Allen said that there could be 100
dogs at the kennel at a time and there would only be 4 at a time for 10 minute intervals in the play
yards. He said that these dogs will be on a lease and supervised. He spoke about the landscape
designs and the use of hedges to prevent the dogs from seeing traffic or each other. He said this
would eliminate most barking. He said that they plan to leave all of the existing trees. Mr. Allen
said that when he went to the owner's kennel in Westlake, smell was not an issue and he does
not think that sound will be a problem. He said that there would be a caretakers residence of
1,800 s.f. Mr. Allen said that the exterior of the building wilt be fractured face block with a standing
seam metal roof and columns set out from the building. He said that the kennel owner has been
at her Westlake site for 18 years and the area has developed residential around her and she is
unable to increase the size at that location. He said that she generates 600 cars on the
weekends.
Doug Henderson, applicant representing Kipp Whitman, addressed the issue regarding setbacks
on Lavaca Trail. He said that the City is requiring 80' of right of way on Lavaca Trail.
Commissioner Fletcher said that the design is very good if the kennel were to go there. He said
that they may be selling themselves short as a community, as they should have higher
expectations for the area to generate the kind of taxes they are looking for. He said that at this
point he would be opposed to it. Commissioner Edwards said that she tends to agree with
Commissioner Fletcher and it is a very difficult decision because this is not a regular type of
kennel, but it does not pay sales tax. She said that it is proposed for the middle of a potentially
very successful area. Commissioner Hill said that property owners need to combine their
properties to attract large retailers, but that is something they cannot force them to do.
Kipp Whitman said that the only other possibility is offices on the back of the property and they will
not bring as many people to the area. Commissioner Edwards said that eventually there will be
development along Precinct Line Road and this does use does not pay sales tax and is in the
middle of a popular area.
Commissioner Fletcher said that this is just the beginning and they can afford to be choosy
and he would recommend denial.
Planning & Zoning Commission
Minutes -September 11, 2000
Page 13 of 14
Chairman Hart said that the City has been through the issue of a kennel about 5 years ago that
involved a lawsuit to shut it down. Commissioner Rutherford said that he has concerns about a
kennel in that location. Commissioner Edwards said that she would recommend tabling the case.
Commissioner Tyler said that he could go along with the action to table, but he said to keep in
mind that if it is a magnet, with the present value of money, a project in the front will be developed
quicker. He said that since the Commission seems willing to deny, he would recommend tabling
the case. Chairman Hart said that this is not the right location for a kennel. He said that it may be
a magnet, but it may draw flies. He said that it may have a negative impact on the area and
sound is a problem. Commissioner Fletcher said that denying the case will affect change and
possibly eliminate parceling out property in postage stamp pieces. He said that it may force the
property owners to get together. Commissioner Hill said that the majority has trouble with a
kennel and he would recommend tabling the case to allow the applicant time to present a plan.
Kipp Whitman said that he would appreciate it if the Commission tables his case to allow him to
make a better presentation or sell the property to a church. He spoke at length why the kennel
would be a good tenant.
Commissioner Hill said that another approach is to deny the case. Commissioner Fletcher
withdrew his motion. Chairman Hart moved to table the case. Commissioner Hill
seconded the motion. The vote being:
Ayes: Rutherford, Edwards, Tyler, Hill, Hart
Noes: Fletcher
7. Citizens' comments regarding items not on the agenda: There were none.
8. Staff comments, reports and discussion items: Barry LeBaron invited the Commissioners to
the Highway 26 meeting on Thursday at the Community Center.
9. Commissioners' comments and reports: There were none.
ADJOURNMENT:
Commissioner Hart moved to adjourn the meeting at 10:40 p.m. Commissioner Rutherford
seconded the motion. The motion passed by acclamation.
Respectfully Submitted,
Planning 8~ Zoning Commission
Minutes -September 11, 2000
Page 14 of 14
Jan Levy
Planning & Zoning Assistant
Approved on: September 25, 2000 as corrected (to reflect the vote on item #1).
NOTE: As a matter of public record, an audio recording of the above Planning and Zoning
Commission meeting is available upon request.