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HomeMy WebLinkAboutPlanning and Zoning Commission-Minutes-10/23/2000 Planning & Zoning Commission Minutes - October 23, 2000 Page 1 of 10 - Approved on November 13, 2000 The regular meeting of the Planning and Zoning Commission was called to order by Chairman Hart at 7:00 P.M. on October 23, 2000. Roll Call: Present: Tom Hart, Jo Ann Gasper, Luann Edwards, Joe Hocutt, Mark Hollis, Jeffrey Wall Bryan Hill Barry LeBaron, Clayton Husband Absent: Staff: Invocation: Commissioner Wall Approval of Minutes: October 9, 2000 Commissioner Edwards moved to approve the minutes of October 9th meeting as written. Commissioner Hocutt seconded the motion. The vote being: Ayes: Gasper, Edwards, Hocutt, Hollis, Wall, Hart Noes: None 1. A Minor Plat for Lot 1, Block 1, Redding Addition requested by Thomas W. Vogt, Vogt Surveying, for Susan Green Executor for the estate of Barbara Redding, 2.098 acres located at 909 Glade Road. Case P-00-077 Clayton Husband presented the case to the Commission. Staff advised the Commission that all DRC comments addressed, and the plat was recommended for approval. Commissioner Gasper moved to approve the minor plat, Case P-OO-077. Commissioner Edwards seconded the motion. The vote being: Ayes: Gasper, Edwards, Hocutt, Hollis, Wall, Hart Noes: None 2. A Final Plat of the Bridges at Riverwalk, requested by Dave Hannah, 11.955 acres located on the north side of Glade Road in the 1300 Block. Case P-00-076 Clayton Husband presented the case to the Commission. He stated all comments have been addressed, with the exception of the right-of-way on Glade Road. Commissioner Gasper asked if the ordinance required a specific right-of-way for Glade Road. Staff advised that the ordinance did not, that it only required the right-of-way as shown on preliminary plat Commissioner Wall asked how would the City obtain right-of-way in future if it were not dedicated on the plat. Staff advised the City would have to purchase the right-of-way. Planning & Zoning Commission Minutes - October 23,2000 Page 2 of 10 - Approved on November 13, 2000 Commissioner Hocutt asked if there would be enough room left to provide adequate building space if extra right-of-way was dedicated. Staff advised that it would not likely impact building area, but could impact parking. Dave Hannah, 3401 Amherst Circle, Bedford was present to represent the case. He stated staff originally mentioned a 95-foot row for Glade Road. He said that an additional 7.5 foot right-of-way could be handed as a drainage, utility and pedestrian easement along Glade Road without impacting building area or open space on the lot or parking area on the lot. Commissioner Gasper stated she could support the change to include a 7.5-foot drainage, pedestrian and public access easement. Commissioner Gasper moved to approve the plat, subject to the addition of a 7.S-foot drainage, utility and pedestrian easement along Glade Road, Case Z-OO-076. Commissioner Hollis seconded the motion. The vote being: Ayes: Gasper, Hocutt, Hollis, Wall, Hart Noes: Edwards 3. PUBLIC HEARING - A zoning change requested by Awad Eskander for Perry Mulubhoy, Atlantic Oil & Gas, Inc., to amend the PUD-C, 0-96-1053 & 0-99-1146, to allow a restaurant with a drive-thru window on Lot 3, Atlantic Oil & Gas Addition located on the southwest corner of L. D. Lockett Road & Precinct Line Road. Case Z-00-073 Barry LeBaron presented the case to the Commission. He said that the request is to amend the original PUD ordinance to allow a restaurant with a drive-through window. The proposed restaurant would locate the drive-through window behind the building away from view from Precinct Line Road. Commissioner Edwards pointed out that Colleyville is misspelled on drawing in title block. Commissioner Hocutt asked if it was necessary to remove the SUP for alcohol sales since Grandy's is not likely to sell beer and wine. Staff advised that it is not necessary as the special use permit could be utilized for a different restaurant on the site. Commissioner Gasper stated they should leave the SUP in place so other businesses could utilize it if available. Commissioner Wall asked if this was the first restaurant proposal on Precinct Line Road. Staff advised that is was. Chairman Hart opened the Public Hearing. Those present wishing to speak were: Aldwin Zim, 7309 John McCain Road. He stated the Commission should only consider upscale, sit down restaurants in Colleyville. He said that drive through restaurants should not be allowed on Precinct Line Road. Planning & Zoning Commission Minutes - October 23,2000 Page 3 of 10 - Approved on November 13, 2000 There being no one else wising to speak, Chairman Hart closed the Public Hearing. Commissioner Edwards asked if the design of the building is tied to pictures. Staff advised that the ordinance would be written to include sufficient regulation to achieve the design of the building as indicated in the pictures, including the location of the drive-thru window at the rear. Commissioner Edwards moved to approve the amendment to the PUD-C to allow a drive- through restaurant. Commissioner Gasper seconded the motion. The vote being: Ayes: Edwards, Gasper, Hart Noes: Hocutt, Wall, Hollis Commissioner Edwards asked how much sales tax would be generated by Grandy's. Staff advised that a letter from the applicant indicates the projected sales for the first year of operations are estimated at $1,000,000 plus and 50% of their business is from the drive thru window. Staff also stated the letter indicates the drive through window will be located at the back of the building, and that the ordinance could tie down the location of the window at the rear of the building. Commissioner Gasper stated that a denial of the case could move it on to City Council for their consideration. Barry LeBaron recommended tabling the request to eliminate the question of whether 4 votes are necessary to make a recommendation as stated in the City Charter. Commissioner Edwards moved to table the request until the November 13,2000 meeting. Commissioner Gasper seconded the motion. The vote being: Ayes: Edwards, Gasper, Hart, Wall, Hollis Noes: Hocutt, Chairman Hart called for the applicant, Awad Eskander, to come forward. He explained the action of the Commission. Awad Eskander, appeared before the Commission. He stated the area lacks restaurants, the building is a new design for Grandy's including stucco and brick, the drive-thru is located at rear of building, it will generate sales tax for city, current zoning does not allow drive-thru. He stated Grandy's would not develop without drive-thru. Commissioner Gasper stated the action is quasi-denial since motion did not pass, and that the Commission could table until the full seven members are present. She asked the applicant's preference for tabling. Mr. Eskander stated he would prefer tabling to November 13, 2000 to have a full seven members. Planning & Zoning Commission Minutes - October 23,2000 Page 4 of 10 - Approved on November 13, 2000 Chairman Hart stated that if the item was denied, the Council could act on the case but it would require a super-majority of City Council to approve. 4. PUBLIC HEARING - A zoning change requested by Raman Chandler, from PUD-C (for an institutional use) to PUD-R (residential use) on 14.9 acres located on the south side of McDonwell School Road & Precinct Line Road. Case Z-00-074 Barry LeBaron presented the case to the Commission. The property was rezoned earlier to allow a private school campus. He said that the applicant has submitted a request to rezone from the PUD-C for the private school for a PUD-R on about 15 acres and about 29 acres of CC 1. Staff sent notices to the surrounding property owners advising them of the zoning change, and after notices went out, the applicant requested a change in the application to consider CC2 rather than CC1. He stated since the case was already advertised, the only portion the Commission is considering at the hearing tonight is the residential portion. He stated staff is re-notifying property owners with the change in the request and the Commission will consider the commercial portion at the next meeting. Mr. LeBaron summarized the residential portion of the request for the Commission, including open space and medians, density, land use and thoroughfare plans and PUD-R standards. Staff advised the Commission that the request conflicts with the Master Plan as the Master Plan calls for non-residential uses in the area, and approval of the request would perpetuate the elimination of non-residential development. Staff advised that the Thoroughfare Plan requires the dedication of a 4-lane collector street in conjunction with the non-residential development, and since the private school will not be built, now is the time to put the collector street back in. Staff advised that the minimum PUD-R standards are not met in regards to lot size, lot width, lot depth, and building line setbacks. Chairman Hart asked if the medians were calculated into the 19.5% of the open space. Staff advised that it does include the medians. Commissioner Edwards asked if the intent of open space is to provide some use to the residents. Staff advised that it is a matter of opinion whether the median is functional for active or passive open space. Commissioner Wall asked what other developments allow the use of a median to be calculated as open space. Staff advised the Commission that the Shalimar subdivision has a median with a sidewalk. Commissioner Edwards asked if it creates a problem if the commercial area is discussed. Staff advised that the case is really two cases with a PUD-R and straight commercial zoning, and that the case will end up together at the City Council hearings. Commissioner Gasper stated that anyone who wants to develop the property would likely have to request a zoning change due to the current location. Staff advised the Commission that the development is packaged as one case, which is an advantage to economic development. Commissioner Wall asked the differences between this case and the Riverwalk development. Planning & Zoning Commission Minutes - October 23,2000 Page 5 of 10 - Approved on November 13, 2000 Staff advised him that they are very similar. Commissioner Gasper stated the Riverwalk development is in what is considered a downtown area where a higher density may be appropriate, rather than in the outer areas where a lower density may be appropriate. Commissioner Hocutt stated Riverwalk was not adjacent to an existing subdivision like Remington Park. Commissioner Hollis asked what the home values are in the Remington Park development. Staff advised that the values exceed $300,000. Commissioner Gasper moved to suspend the rules to allow the applicant 20 minutes to speak, and all other speakers 5 minutes. Commissioner Edwards seconded the motion. The motion carried unanimously. Chairman Hart opened the Public Hearing. Those present wishing to speak were: Tony Krauska, Kurtz-Bedford Associates, 4222 Rosehill Road, Garland, representing the owner, came forward to speak. He stated there is a need for this type of housing in Colleyville, as proven by the Villas at Caldwell's Creek development, with home values over $350,000. He stated the proposed development provides a buffer between Remington Park and the extensive commercial on Precinct Line Road. He said they are here to work with the adjacent property owners, the Commission and staff to make this project acceptable to the community. Mr. Krauska stated the greenbelt along the perimeter should be 25 feet rather than 20 feet, and that the medians are there to provide open space in an area where people would see it everyday. He stated the issues with the Master Plan and Thoroughfare Plan should be discussed with the commercial property discussion. He stated there are significant differences from the PUD-R standards, but the quality and standards of the community are still achieved. He stated the private gated community will add more value for the development. John Keany, 203 Polo Trail, spoke representing the Remington Park HOA. He stated he is not opposed to residential zoning. He said that the HOA is opposed to the proposed PUD-R standards submitted by the developer. He stated the greenbelt along McDonwell School Road should be wider, and expressed concern over the maintenance of the greenbelts behind the homes. He stated the plans should be redesigned to meet PUD-R standards. Linda Baker, 404 W McDonwell School Road. She stated her concern about the density of the project. She stated there is no need for empty-nester type of development in the area with the elementary school proposed north of the road. She stated Larry Cole and the Yazhari brothers could be affected by the smaller lots. She stated there are no parks in the area, as McPherson Dairy is not developed at this time. AI Zim, 7209 John McCain Road. He stated the lots are too small and do not meet PUD-R standards. Jerry Cochran, 501 Mustang Court. He expressed concern over the adverse impact the development could have on the area. Planning & Zoning Commission Minutes - October 23, 2000 Page 6 of 10 - Approved on November 13, 2000 Don Nix, representing Eva Collins, land owner in the application. He stated Ms. Collins and three other owners are proposing to sell the property under one package to one developer to solve all potential development issues. He stated the residential development would provide an adequate buffer between Remington Park and the commercial uses. He stated it is difficult to satisfy all persons with the one request, and it is more economically feasible to develop it as one parcel. Greg Zahn, 205 Oaklawn Drive. He stated Colleyville is primarily a rural community, which is why he decided to move to this city. He stated the development does not meet the requirements of the city's codes. He stated the development is not consistent with other developments in the area along McDonwell School Road and Westcoat Drive. Randy Gardner, 511 Remington Court. He asked whether one or two story office buildings could be built at the location in the event the zoning is denied and office zoning approved, as allowed by the Master Plan. Tony Krauska, Kurtz-Bedford Associates, 4222 Rosehill Road, Garland, representing the owner. He requested that the Commission table this item to allow the developer to meet with the Remington Park HOA and other adjacent property owners to explain the request and learn of their concerns first-hand. There being no one else wising to speak, Chairman Hart closed the Public Hearing. Commissioner Hocutt stated the property is currently zoned for a private school and a zoning change would be required to develop any offices in the area. Commissioner Gasper stated the office buffer could continue to move towards Precinct Line Road if residential zoning is approved in the area. Staff advised that Colleyville has one of the lowest percentages of non-residential development areas in the entire metro area, and that the Master Plan committee felt that Precinct Line Road provided the best opportunity for non-residential development. Commissioner Edwards stated a portion of "Remington Park was developed after the Master Plan was approved. Commissioner Gasper stated it is difficult to justify rezoning commercial property to residential. Commissioner Wall asked what impact would the development of houses vs. the development of offices have on the tax base. Staff advised that most office space and house values provide about the same amount of property tax based on value. Staff advised that some office uses do provide sales tax revenue to the city. Commissioner Gasper stated the office uses would also generate personal property tax from the inventory of the buildings. Commissioner Hocutt stated the intended use of property was for a private school and not offices. Commissioner Wall stated information submitted by the applicant indicate certain amounts of tax Planning & Zoning Commission Minutes - October 23, 2000 Page 7 of 10 - Approved on November 131 2000 revenue for both residential and office space. He stated no sales tax is shown to be generated by the office space. Commissioner Gasper stated by approving residential uses and moving the light offices to the west, tax revenue could be lost since it could have developed as sales tax producing uses. Commissioner Gasper moved to recommend denial of Case Z-OO-074 for the 14.9 acre PUD- R portion. Commissioner Hocutt seconded the motion. The vote being: Ayes: Gasper, Edward, Hocutt, Hollis, Wall, Hart Noes: None 5. PUBLIC HEARING - An amendment to the Colleyville Land Development Code regarding the following items: cul-de-sac streets; roadway impact fee schedule; right-of-way widths for collector and arterial streets; lot grading and drainage standards; city developer agreements; dust control; COG and TXDOT specifications; procedures for abandonment of public easements and rights-of-way; location of loading spaces; fire hydrant spacing; single entry subdivisions; emergency access and entrance gate specifications; review requirements for plats; preliminary drainage analysis guidelines; and non-conforming lots. Commissioner Gasper moved to suspend the rules to limit speakers to five minutes each. Commissioner Hocutt seconded the motion. The vote being: Ayes: Gasper, Edward, Hocutt, Hollis, Hart Noes: Wall Barry LeBaron presented the proposed changes in detail to the Commission. He stated that over time, several changes might be required to the Code to tweak problem areas, eliminate conflicts with other portions of the Code, and make changes as proposed by the Commission and Council. Commissioner Gasper asked if the roadway impact fee rates would change. Staff advised that the fee is not changing at all, but is clarifying what the fee should be for a wider variety of land uses. Staff answered several questions about how the roadway impact fees are calculated and collected, and how the sale tax rebate is factored into the formula. The Commission had questions concerning the change from 0.5 to 0.6 runoff coefficients. Staff stated the change results from more of a lot being covered by impermeable surfaces such as driveways, roofs and paving. Commissioner Wall asked how lot-to-Iot drainage would compensate for side yard fences. Planning & Zoning Commission Minutes - October 23, 2000 Page 8 of 10 - Approved on November 13, 2000 Staff advised that inlets, easement or flumes may be necessary if the grading of the property cannot adequately handle the situation. There was general discussion by the Commission regarding the drainage policy and divided entryways. Staff stated that the Engineering Department is available to come to the next meeting to further discuss the drainage policies. Chairman Hart opened the Public Hearing. AI Zim, 7209 John McCain Road. He stated you are allowed to run water across another person's property but you cannot increase the amount of water running on to the adjacent property. Without objection from the Commission, the Commission allowed Mr. Bagwell to speak for 7.5 minutes as his business partner and wife were present and allowed to speak for five minutes each, and Mr. Bagwell agreed to speak for one-half the total time allowed for the three persons. David Bagwell, 8222 Douglas Avenue, Dallas. He stated the development community could offer some practical review of the proposed changes. He stated the 0.6 runoff coefficient can be validated by science, such that any other number could also, and he encouraged the Commission to use whichever seemed appropriate. Mr. Bagwell cautioned the Commission to take into account the costs associated with any changes to the Code. He stated the concept of improved swale should be defined and drawn. He stated there are instances where divided entry-ways do not need 3t-foot pavement sections. He suggested the Commission address the subject of pavement thickness and the possibility of over-design of streets. There being no one else wising to speak, Chairman Hart closed the Public Hearing. There was general discussion by the Commission regarding how to forward questions and comments to staff. Commissioner Gasper moved to table Case No. Z-00-75 and recommended that the Commission forward any comments or questions to staff before the next meeting. Commissioner Wall seconded the motion. The vote being: Ayes: Gasper, Edwards, Hocutt, Hollis, Wall, Hart Noes: None 6. TABLED ITEM - A zoning change requested by David Bagwell, from AG to PUD-R (Planned Unit Development-Residential) on 54.93 acres located on a portion of Bluebonnet Hills on Hall Johnson Road - Broughton. Case Z-00-064 Clayton Husband stated the developer has submitted several letters addressing issues raised during the public hearings on this zoning case. He stated the developer is willing to have a work session with the Commission to discuss the numerous details of the case. He stated the Planning & Zoning Commission Minutes - October 23, 2000 Page 9 of 10 - Approved on November 13, 2000 proposed work session could occur on November 2, 2000, at 7:00 p.m. at city hall. Commissioner Gasper stated the developer was to meet with homeowners, and the Commission should have a work session before any more discussion of case. She said that she wants staff is to send out public notices for work session. No action was taken by the Commission. 7. Discussion and Consideration of Planning and Zoning Commission Rules of Procedure. Commissioner Gasper suggested that the portion in Section H was written in the affirmative to avoid the problem of a motion to deny failing, and suggested that Section H be struck completely. She stated it reduces the flexibility of the Commission and does not improve the speed of the deliberations on the item. Chairman Hart questioned the section regarding the chair preparing the agenda. Commissioner Gasper stated the intent is not to require the chair to physically prepare the agenda but to allow the chair to approve the agenda and add items he/she feels necessary for the business of the Commission. She suggested to remove this reference. David Bagwell, 8222 Douglas Avenue, Dallas, appeared at the request of the Commission. He stated that staff is placed in an unusual position to make a recommendation on a proposal since the recommendation is only when the proposal does not meet the requirements of the Code. He stated it would be more fair and useful if staff were requested to analyze the request rather than take a position for or against. Commissioner Gasper summarized the amendments as follows: Page 1: strike "prepare the agenda"; Page 3: item H is deleted; and Page 3: item E add ask questions of staff. Commissioner Gasper moved to adopt the rules of procedure as amended above. Commissioner Wall seconded the motion. The vote being: Ayes: Gasper, Edwards, Hocutt, Hollis, Wall, Hart Noes: None 8. Citizens' comments: None. 9. Staff comments, reports and discussion items: None. 10. Commissioner comments: None. ADJOURNMENT: Commissioner Hocutt moved to adjourn the meeting at 11 :07 p.m. Commissioner Edwards seconded the motion. The motion passed by acclamation. Planning & Zoning Commission Minutes - October 23,2000 Page 10 of 10 - Approved on November 13, 2000 Respectfully Submitted, Clayton Husband, AICP Development Coordinator Approved on: November 13, 2000 as submitted. NOTE: As a matter of public record, an audio recording of the above Planning and Zoning Commission meeting is available upon request.