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HomeMy WebLinkAboutPlanning and Zoning Commission-Minutes-9/25/2000 Planning & Zoning Commission Minutes - September 25,2000 Page 1 of 25 - Approved on 10/09/00. The regular meeting of the Planning and Zoning Commission was called to order by Chairman Hart at 7:00 P.M. on September 25, 2000. Roll Call: Present: Luann Edwards, William Tyler, Mike Collins, Jim Fletcher, Bryan Hill, Tom Hart Rob Rutherford Barry LeBaron, Clayton Husband, Tom Niederauer, Jan Levy Absent: Staff: Invocation: The invocation was given by Commissioner Tyler. Approval of Minutes: September 11 , 2000 Commissioner Fletcher moved to approve the minutes as corrected to reflect the vote on item #1. Commissioner Edwards seconded the motion. The vote being: Ayes: Edwards, Tyler, Fletcher, Hill, Hart Noes: None Abstained: Collins Recognition of Outgoing Commissioners: Rob Rutherford, Mike Collins, William Tyler, and Jim Fletcher Chairman Hart presented a plaque to each of the outgoing Commissioners other than Rob Rutherford because he was absent. Commissioner Fletcher said that it has really been an honor and a privilege for him to serve on the Commission. He said that he would like to thank the Honorable Mayor Sauder from Hurst who is seated in the audience for appointing him to the Zoning Board of Adjustment ten years ago. He said that it has been a pleasure to work with the Council members and other Commissioners over the years. He said that the citizens are fortunate to have the staff they do and the behinds the scenes work that they do, it makes the Commissioners jobs easier. He thanked everyone very much. Commissioner Collins said that it has been a rewarding experience to serve on the Commission. He said that he has spent most of his adult life serving in the community. He said that he appreciated working with the Commissioners, with Jan, with the City and with staff. He said that it has been a real eye opening experience and he hoped that he added value and he enjoyed it. Commissioner Tyler thanked everyone for allowing him to serve with them and said it has been a privilege. He said that after serving on the Zoning Board of Adjustment and Planning and Zoning, he has an appreciation for folks who commit themselves to this community and donate their time. He said that before he ever complains, he will remember the work that he's put in and appreciate those who serve and give their time. He said that this experience has shown him who Planning & Zoning Commission Minutes - September 25,2000 Page 2 of 25 - Approved on 10/09/00. we should appreciate those who serve in the community, and though we may not always agree, we can agree to disagree and be professional. He said that it has been a privilege to serve on this Commission and he thanked them. SWEARING IN OF COMMISSIONERS: Place 1 - Jo Ann Gasper Place 2 - Joe Hocutt Place 3 - Mark Hollis Place 4 - Jeffrey Wall Jan Levy, Planning & Zoning Assistant, administered the oath of office. ELECTION OF OFFICERS: Commissioner Edwards nominated Tom Hart for Chairman. Commissioner Gasper seconded the nomination. Commissioner Hocutt nominated Jeffrey Wall for Chairman. Jeffrey Wall declined the nomination. There being no other nominations the vote for Tom Hart for Chairman was: Ayes: Gasper, Edwards, Hocutt, Hollis, Wall, Hill, Hart Noes: None Commissioner Hart was elected Chairman. Commissioner Edwards nominated Bryan Hill for Vice Chairman. Commissioner Wall seconded the nomination. Commissioner Hocutt nominated Mark Hollis for Vice Chairman. Commissioner Gasper seconded the nomination. There being no other nominations the vote for Bryan Hill for Vice Chairman was: Ayes: Edwards, Wall, Hill, Hart Noes: Gasper, Hocutt, Hollis Commissioner Hill was elected Vice Chairman. 1. PUBLIC HEARING - 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 Tom Niederauer presented the case to the Commission. Commissioner Edwards asked what the percentage of open space was. Staff responded that it was 20%. Mr. Niederauer said that the open space is designed differently than staff normally sees. He said that there are strips of open space that allows viewing from the Highland Meadows Addition. He said that open space is normally used for detention and this plan does have some of that. He said that the open space is disbursed throughout the subdivision. Planning & Zoning Commission Minutes - September 25,2000 Page 3 of 25 - Approved on 10/09/00. Commissioner Gasper asked what the fire department has said regarding the narrow streets. Mr. Niederauer responded that they are opposed. He explained the Development Review Committee procedures and said that they support the existing regulations for development and in most cases do not support anything that varies from the ordinances. He said that on that basis these streets do not meet the City standards. Barry LeBaron said that this property had been considered for an R20 zoning change request and the cemetery said that this property is surplus to their needs and they have advertised it for sale. He said that Mr. Bagwell initially asked for R20 and Highland Meadows directly to the east is also zoned R20. At the public hearing Mr. Bagwell said that he would like a subdivision like Highland Meadows, but there were a number of citizens from Highland Meadows who said that they thought this property would remain open forever. He said that there was concerns about where the property abuts the Highland Meadows Addition and the R20 was denied, but their was interest that in the proposal being resubmitted as a PUD to offer the opportunity to customize the request to mitigate some of the concerns. Mr. LeBaron said that one of the concerns was the view from Highland Meadows and Mr. Bagwell has added a 30' greenbelt where the property abuts Highland Meadows that connects to the greenbelts that go through the subdivision. He said that Mr. Bagwell has lined up the streets and greenbelt areas to provide some sort of vista down through portions of this development. He said that Mr. Bagwell is required to provide 20% open space that it can either be private or public and in this case it is private. Commissioner Edwards asked if one of staff's objections was because of the private gates and traffic patterns. Mr. LeBaron responded that initially the subdivision was proposed with 83 lots with an entrance on Hall Johnson and an entrance to the north. He said that staff has received a request from a number of citizens in the Ross Downs area requesting to close Wyatt Drive, and while it is not directly related to the zoning change request, it does have an impact. He said that Mr. Bagwell has said that he will probably do the subdivision as a gated subdivision and the north access would be closed off and only used as an emergency access. He said that staff is concerned that 83 lots is a large number to use basically one entrance and staff would like to see a different entrance design. With the subdivision being located on a major collector street, it creates more concern. Commissioner Edwards asked if the entrance is offset far enough from the streets on the south side of Hall Johnson Road. Staff responded that it was. Mr. LeBaron told the Commission that this request does not include any request for future fire station property. He said that initially, Mr. Bagwell was going to try to find a location off site and try to negotiate some kind of exchange so that the current fire station site would go away and ultimately become a part of the development. Staff recommended that the fire station be taken out of the equation. Mr. LeBaron said that the current station property is % of an acre and they are looking for approximately 3 acres. Commissioner Hocutt asked what the response time by the fire department would be if the Hall Johnson entrance was blocked and they had to drive around to the emergency entrance to the north. Fire Chief Johnson said that the response time would be significantly increased. Planning & Zoning Commission Minutes - September 25, 2000 Page 4 of 25 - Approved on 10/09/00. Commissioner Hill asked about the lengthy development standards that were submitted by the developer and how they matched up with the current city code. Mr. LeBaron said that they would address the development standards after the public hearing. Commissioner Hocutt asked if there were any significant trees or natural ponds or anything to be disturbed currently existing on the property. Mr. LeBaron said that the property is significantly open, but there are a number of trees in the northern section that will need to be retained. Commissioner Hocutt asked for a tree survey in order to retain them to add to the natural beauty of the addition. Commissioner Wall asked about the road that comes in off Highway 26. He said that he drove on Sanders Lane and asked if there would be any impact to the properties on Sanders by this subdivision. Mr. LeBaron said that Sanders Lane does not currently go through, but the Master Plan indicates that it will loop around and connect to Wyatt Drive and then Industrial. Commissioner Edwards said there have been plans to straighten out the intersection of Sanders and Tinker Road. Commissioner Hollis asked if this was the appropriate place to consider and put in place the developer's standards that refer to customary engineering standards. Mr. LeBaron said that they have been included as per the developer's request as a part of the ordinances in the past. He said that staff is opposed to those kinds of developments because the standards are in the Land Development Code that was adopted earlier in the year. He said that the developer's standards should not be a part of the land use zoning ordinance and would recommend against using them. Commissioner Hollis asked if they approve the ordinance with the development standards, would they be granting a waiver from the City's land development standards. Mr. LeBaron said that according to the zoning ordinance, the PUD can establish the terms and conditions. Commissioner Hollis asked if the property would be final platted at a later date and if the plat would be the more appropriate instrument to incorporate the engineering standards. Mr. LeBaron said that the terms and conditions with the zoning change request are really plat development and infrastructure issues that should be addressed at time of platting. He said that the applicant would like to lock them in now in order to make sure that the City would not change the standards next month. Commissioner Gasper asked what the drainage issues are associated with this property. Mr. LeBaron responded that the developer is required to keep the runoff on this property like it is today. He said that he is proposing to incorporate a number of detention sites throughout the property rather than one large detention site. He would use the open areas as detention ponds. Commissioner Gasper said that it seems in the development standards that the applicant does not want to provide any off site drainage structures. She said that it seems he anticipates there will be significant run off into the drainage system. Mr. LeBaron said that he is not sure the applicant can determine the amount of detention that is needed or if improvements are needed. He said that the language in the standards addresses it suggest that if there is a later surprise according the standards, the developer would not be responsible for it. Commissioner Gasper asked if that was the normal practice because she thought that developers were supposed to absorb the cost for development of property and not pass it along to others. Mr. LeBaron said that Planning & Zoning Commission Minutes - September 25, 2000 Page 5 of 25 - Approved on 10/09/00. she was correct. Chairman Hart opened the public hearing. Those present wishing to speak were: David Bagwell, 8222 Douglas Ave., Dallas, Texas, introduced his staff and said that they have a small business development for the last 10 years have concentrated on Colleyville and it is his business strategy to develop high end developments. He said that they have learned quite a bit about what the demand is for that kind of product and how to go about developing it. He said that there are certain things about the way they develop that differentiates them from a number of other developers. He said that it is their business strategy to reach for as high of end product as they can house wise in the market place. He said that he talked to someone that was complimentary about the consistency of their architecture and landscaping in Leyton Grove. He said that one of the things that they do is develop a set of standards that they use as a kind of rule book to get everyone up to a certain level of attractiveness. He said that if the Commission understands where they are coming from they will be able to comprehend where they want to go. He said that some of their developments have been R20 like Ashmore and Leyton Grove. He said that because the property on the east side of the cemetery was zoned R20, it seemed reasonable to him that they should ask for R20 zoning. He said that there was opposition that suggested that a PUD might be in order and the principal element for a PUD is that there is open space to be used to ease some of the concerns by the residents who opposed the R20. Mr. Bagwell said that they take the position that the property will be sold by the cemetery and be developed. He said that if it is to be sold, it would be used for residential and it seems that it would be used for a product like they mentioned. He said that because they are experienced in the community and use high standards, they are the best to of the prospects to develop the property. He said that if things cannot be worked out with the community, there will be others to develop the property. He said that besides pointing out the quality product they develop, he wanted the Commission to know that none of this is personal to them. He said that he understands that it is personal to people in the neighborhood and all he is here to do is advocate some ideas. He said that if they are worthy ideas they will be approved and if not the Commission will turn to someone else to develop the property. He said that he would like to discuss the ideas that they are recommending for the project. Mr. Bagwell discussed the topography of the land. He said that basically the property falls away to the west and they incorporated that into the land plan. He said that they put the access road at the low point of the property. He said that the neighbors would have an interesting view at anyplace along the development. He said that they think that the land plan works with the natural topography of the property and the use of the green space creates a very beautiful property. He said that in response to the objections by the neighbors to the east, they wanted some sort of buffer and he was never able to get any sense as to what size of buffer that would be. He said that he had to make some business sense of the property and have suggested a 30' buffer and everyone that lives to the east will have attractive views off to the west. He said that he understands that it will not be same as they have today, but if this property is to be developed, they will still have very attractive views off to the west. He said that if the property that was once vacant is developed, the developer will never make everybody happy. He said that he cannot Planning & Zoning Commission Minutes - September 25, 2000 Page 6 of 25 - Approved on 10/09/00. keep the property open, but can create something that in lieu of being open, will be attractive and he feels that the substantial amount of open space will benefit the people across the street or passing by. He said that he is a substantial planter of trees and the property will be reforested. Mr. Bagwell said that he borrowed techniques for development from the River Oaks addition in Houston where the looping street technique has been used very successfully. He said that there are other developments in the country that use the same approach and one of them is the Greenway Parks development in Dallas where the green belts in back yards have been used. He said that as they combine the two techniques, it will make for a very novel and attractive subdivision. He pointed out the views from various locations around the subdivision. He said that one of the reasons that the community as a whole would find the project attractive is what it does for the community. He said that not only in terms of high quality of development, but the contribution that it makes for tax revenue and shoppers for the retail that the community is interested in. He said that his company evaluated some of the less expensive homes in Oakbrook Hills from a tax standpoint. He said that considering the ad velorum tax and a projection of sales tax that is derived from Oakbrook Hills, this Broughton looks like it will produce approximately $1,000,003 in revenue to the community per annum. He said that the property is currently producing $0.00 in tax revenue. He reviewed the special conditions. He said that of the four PUD's each one has some special condition that is contrary to the published standards for the community. He said that Oakbrook Hills has 40' wide rights-of-way instead of 50' wide. He said that some of the streets in Westmont and Glenwood will be 40' rights-of-way. He said that sometimes staff is opposed to changes and sometimes not, but it seems that they are always opposed to their changes. He said that in May of this year, two of the things that they have proposed have been approved for Remington Park and staff did not object to it. 50' rights-of-way for cul-de-sacs and 15' side yards on lots that side on side streets have been approved on Remington Park. Mr. Bagwell said that they agree to disagree with the Fire Chief on 50' right-of-way for cul-de-sacs. He said that he has information that is a survey of cul-de-sac widths in the Dallas/Fort Worth area and Colleyville is the only city that requires a wider stem to the cul-de-sac. He said that every subdivision that they have developed has only had 50' rights-of-way on the stems to the cul-de-sacs. Westmont, Ashmore, Oakbrook Hills, and Glenwood have them as well as Remington Park and others throughout the Dallas/Fort Worth area. He said that they are not unique in proposing changes to the City development standards. Mr. Bagwell said that staff proposed changes to the City Council for changes to the development standards for thickness of streets in subdivisions. He said that for every street that is in a residential area is 5 inches thick concrete with number 3 rebar and 18 inches on center and 3,000 psi concrete in it. He said that staff proposed to Council that it should be 6 inches thick concrete and they supported that aspect of change to the ordinance. He said that they are proposing the equivalent in the Broughton development by using 5 inches thick concrete with 3,600 psi. He said that scientists would testify that they are the same. He said that what he is asking for is less expensive and they would spend the difference in amenities for the development. He recapped the reasons they want to develop the property in the manner they are proposing. He said that he hoped that when the Commission makes a recommendation to the Council they would consider Planning & Zoning Commission Minutes - September 25, 2000 Page 7 of 25. Approved on 10/09/00. the different elements and if there are ways he could modify the plan to make it more attractive, he would be very interested in hearing them. Commissioner Hart asked if Mr. Bagwell had preservation in mind for the trees at north end of the property. Mr. Bagwell said that if the trees are in the rights-of-way, they will do whatever they can to avoid cutting them down. He said that if they are in a front yard or out of the building plan, his standards deal with how to preserve them. He said that he does not allow grass to be put under native trees because what kills them most of the time is over watering them. He said that they have worked with arborists to develop the standards and they let the native trees alone as far as irrigating them. Mr. Bagwell said that every subdivision needs a plan to preserve trees and add trees and in their Westmont Addition they are planting over 2,000 trees of their own volition. They are required by the wetland provision to plant 800 but they are planting 1,2000 additional trees. Kirk Roger, 2001 Reynolds Drive, around the corner of Reynolds and Wyatt Drives at the north end of the property. Mr. Rogers said that he was really impressed that Mr. Bagwell could develop this plan since he told the Board on two other occasions that it was not economically feasible to do a PUD and yet he has found 20% green areas. He eluded that anyone who could do a PUD is a less than quality developer. He has said that there are no guarantees that the plan will end up like presented and he hopes it doesn't because he is at the north end of the development. Mr. Roger said that he is concerned about the City of Colleyville bending over backwards for Mr. Bagwell. He said that the fact that he was going to get turned down for his R20 request, that they were willing to negotiations with Bluebonnet Hills Cemetery to lower the price to allow him to do a PUD-R, and now that he has a PUD they didn't have to do that. He said that he is concerned that there are only 5 active commercial cemeteries in Tarrant County and the closest one is in Fort Worth. He said that with so much growth in the Mid Cities and with more people dying, it won't be long before Bluebonnet will be trying to condemn land to take in more cemetery property. He said that he called Bluebonnet hills five years ago to see what their plans are behind his house and was told that they would probably there in about 75 years. He said that with this property being sold, they may now run out of land in 15 to 20 years. Mr. Roger said that Bluebonnet Hills came to him and yet the Fire Chief who has been trying to buy land didn't know about the sale of the land by Bluebonnet Hills. He said that this is cemetery property and institutional land and the City has never planned on getting any tax money from this land and they have paid extra for their properties. He said that he added a balcony to his game room, tore down an 8' privacy fence and put in a 5' picket fence so that they could enjoy the view and now they will have a house sitting in his back yard. Mr. Roger said that he did not realize that Mr. Bagwell proposed a fence at the north end of the property to prevent traffic from passing through their neighborhood and he does appreciate that. He said that if there isn't a gate, everyone in his development will cut through Mr. Bagwell's development to Hall Johnson Road. He said that currently to get to Hall Johnson is a very lengthy trip. He asked the Commission to turn the request down. Ruth Heidel, 1712 Gatehouse Court, called the Commissioners' attention to the correspondence and petitions that represents owners of over 30% of the property within the 200' of the zoning request. She said that 29 petitioners have signed twice stating opposition to the plan for residential use. She displayed an overhead showing the area of opposition. She said that the owners of the surrounding property represent four distinct neighborhoods: Stone Crest Estates, Planning & Zoning Commission Minutes - September 25, 2000 Page 8 of 25 - Approved on 10/09/00. Montclair Pare, Highland Meadows, Ross Downs, and 11 individual property owners. She said that there is no one single person who could represent this entire group and yet the developer has contacted the president of one homeowners' association to try to negotiate features of his proposed development to circumvent opposition at the hearing. She said that the president does not own property adjacent to the land and had not been in touch with any of the residents who do. Ms. Heidel said that the residents in Ross Downs consider the original plan that they showed without a gate posed such a threat to their children's safety that they have requested that Wyatt Drive be closed, and she supports that request. She said that all of the traffic from the addition will be forced onto Hall Johnson Road through an uncontrolled intersection. She said that one of the former Commissioners noted that there were many challenges to developing the property and one of them being the fire station at the entryway. She said that there will be emergency vehicles competing for road access along with cars from 83 lots all behind her house. She said that she and her neighbors are greatly affected because they have to enter on Hall Johnson in the area and Mr. Bagwell did not try to contact them for input. She said that at the last hearing, Commissioner Hill commented that the property could be developed as residential in the AG district and have 3 acre lots. She said he said that some kind of buffer and park would make the development less dense and Mr. Bagwell responded that he cannot do the kind of developments he does and include buffers and open space. She said that apparently that is so because he has provided very little buffers and open space for the existing homes. She said that some of the homes have no buffers and some only have a shallow road to look across and some have cul-de- sacs abutting their back fences. She said that Mr. Lucas at the north end of the property will have headlights shining into his living room and bedroom windows. Ms. Heidel said that the buffers and open space are being provided in the new development among the new structures yet to be built while existing homes lose their backyard privacy. She said that a portion of the cemetery property is paying taxes and provides $365,900 taxes per year and a portion provides $568,395 per year totaling $934,395 to the tax rolls just by sitting vacant. She encouraged that Commissioners to take a long hard look as to what this single zoning change will mean to Colleyville. She said that she came here for some peace, quiet, and privacy and thought that living near a cemetery was a perfect solution and if the property is developed it will destroy the reason many people chose this location to call "home". She asked the Commission to deny the request. Rich Munson, 1905 Hall Johnson Road, passed out photographs to the Commission. He said that the subdivision needs to connect to the north and to the west to provide a direct connection to Highway 26. He said that he knows that it is a burden to some residents who live in the area, but we are a community and street networks are very important, not a series of cloistered subdivisions. He thinks that it is a good idea to provide access for Ross Downs residents to have access to Hall Johnson and to the Community Center and access to the north to go to Dallas or Trophy Club. He said that the applicant wants a gated subdivision and he is opposed because of the social implications they provide. He said they are bad for the community and bad for the social structure and they serve to isolate people. Mr. Munson said that the perimeter street fe4es should apply to this subdivision to reimburse the City for some of the costs to reconstruct Hall Johnson Road. He said that in the wet Spring of 1990 the soil became saturated and the drainage structures couldn't either. He said that the water came down at such a rate to cover Hall Johnson Road and the drainage structure clogged and the water had no place to go and flooded his property. He said that he had 3" of water in the garage. He said that he currently has a brick Planning & Zoning Commission Minutes - September 25, 2000 Page 9 of 25 - Approved on 10/09/00. wall with several openings and if the water ever comes across the road it will be trapped in his property. He said that he does not want a road dumping into his property and there needs to be retention ponds not detention ponds that hold the capacity to prevent him and others in the area from being flooded. There are serious drainage problems that need to be addressed. Mr. Munson said that the property needs to remain a cemetery and is pleased to hear the amount of tax revenues the cemetery is generating. He said that if the property were not built on, the city would not have the cost of infrastructure maintenance, the police and everything else associated with it. He asked the Commission to deny the request. Dave Baucum, 6108 Highland Hills Drive, displayed panoramic photos to show the view behind his home and the trees in the area. He had a plat showing the location of an aqueduct that is on his and four other properties. Mr. Baucum said that nine years ago he moved to the most beautiful home he could have ever wished to live in with a wonderful neighborhood with a spectacular view, peace and tranquility. He said that the only reason they are here for this meeting is because of greed. He said that the cemetery corporation has overextended, overbuilt, and got into hot water with the SEC, the main holding company and now they need cash. He said that they say everyone is living longer and business is slow, yet when they were expanding they must not have looked at the statistics. He said that now the citizens of the community are having to pay for the cemetery's problems. Mr. Baucum said that if the project goes through, he wants to make sure that they continue to have drainage on their property and if the aqua duct is not needed, he wants his 25' of land back. He said that there is a potential for destruction of wildlife with the development of property and the animals will relocated into the community and this could be dangerous to the children in the neighborhoods. He said that Colleyville is only 12 square miles in area and he asked if we have to have concrete on every square foot of it. He said that we need to protect the reason people moved here in the first place - the tranquility and the rural atmosphere of the city that makes Colleyville so unique. Pete Fedynich, 5512 Coventry Court, said that he lives across the street and is against the building in the cemetery. He said that he does not know how he will get out of his entry way if the subdivision is built. He said that it tough enough now in the mornings and evenings without additional traffic coming out straight across the street. He said that he was in favor of widening Hall Johnson Road because it would alleviate the traffic coming through, but how will it be handled later on. He said that with so much development in the area he has had a raccoon and a possum taken out of his attic and has captured 5 possums and a skunk in his backyard that he let go in the wildlife area. He said that with more digging there will be more wildlife in the neighborhoods. He said that he is against the rezoning because it will bring more traffic than anticipated for the widening of Hall Johnson. Hope Alcorta, 1708 Gatehouse Court, Stone Crest Estate, said that she is concerned about the widening of Hall Johnson Road and all of the traffic that it is going to create with a new subdivision. She said that she is concerned for the schools. She said that her son is in the first grade and the three first grade classes are almost up to full capacity. She said that with two other new subdivisions being built, she is not sure how the City or the School District will handle it. Planning & Zoning Commission Minutes - September 25, 2000 Page 10 of 25 - Approved on 10/09/00. Pete Fedynich, 5512 Coventry Court, said that when the Fire Chief was asked if the streets will be wide enough, he responded that they wouldn't. He said that the community should not go back to what was ten years ago and say that we did it before, why can't we do it again. He said that time means progress and progress means that you don't do things like you did before, as we don't ride horse now, we ride cars. He said that the developer should not be granted variances for regulations put in a year ago and that alone should keep the builder out of specific areas. Rich Munson, 1905 Hall Johnson Road, said that he moved to the area in 1977 and there has been some talk as to where to move the fire station. He said that the piece of property next to the utility center was purchase for the fire station and that is where the fire station needs to go. He said that the site was desirable because it is at the top of a hill and the people don't have to worry about accelerating up a hill and they have better site lines to get onto the road. He said that the fire station needs to go at that location not opposite Stone Crest. Cindy Wilson, 2406 Twelve Oaks Lane, the president of the homeowners' association for Ross Down. She said that they have 350 homes and have been working actively with the police department with traffic going through Ross Downs during rush hours and school times. She said that they discussed speed bumps, stop signs, as people have jumped curbs and nearly hit homes. She said that when she heard about Wyatt Drive being widened, she would want assurance that there would not be any access onto Reynolds. She said that she previously lived in Houston and does not want any standards to be changed for a developer. Ms. Wilson said that she has concerns about the drainage. She said that she loves living in the City of Colleyville because they listen to the citizens. She said that the widening of Pool Road has been successful because they have three schools eventually lead onto Pool Road and Highway 26 is a nightmare in the morning because of Grapevine High School traffic. She said that she would suspect that the one entrance and exit to the proposed subdivision would be a scary thing especially for the emergency vehicles. She said that the reason they have been told that they couldn't have speed bumps in Ross Downs is because of the necessary access required by emergency vehicles through their subdivision. She said that the residents who live against the cemetery are assured that nothing will every develop behind them and it will be very quiet and she can imagine that this has been a big shock to people in Highland Meadows and Ross Downs. She said that she is concerned about the fact that the fire station will need more property and if there are going to be more homes developed in the area, there certainly will be commercial to follow. She said that she has concerns about traffic, entrances and exits, the small buffers, and drainage. Marge Angers, 6104 Highland Hills Lane, said that she came and spoke at the last meeting and this plan has not addressed any of the major concerns which are entrance and egress from the subdivision and Hall Johnson not being able to support this kind of building, drainage, fire department. She said that now all Mr. Bagwell has done is made so that now most of the traffic is facing into their back yards. She said that that is not a way to raise small children as their fence will face onto a street and the street will be aimed into their back yard. She said that her property will not retain its value in a situation like that. Don Learman, 58008 Highland Hills Lane, said that the buffer zone is supposed to be 30' wide and it is only 5' to 6' where it is abutting cul-de-sacs. She said that most homes will not get the Planning & Zoning Commission Minutes - September 25, 2000 Page 11 of 25 - Approved on 10/09/00. benefit of the beauty proposed in this subdivision. She questioned the sincerity of the presentation by Mr. Bagwell and stated opposition to the zoning change. Scott Jostus, 6300 Wyatt Drive, said that he did his due diligence three times and has called Bluebonnet Cemetery and was told that this property would always be a cemetery. He said that City, he was also told that this was cemetery property and no development was being planned in the area. He said that records showed there were conversations going on with the fire department and the City Council about a fire station while he was asking the questions. He said that he is concerned about the infrastructure, the impact on the schools, the increase in traffic on Hall Johnson Road and he is against the zoning change. Dave Duzack, 2301 Wilkes Court, Ross Downs, said that this development will have an impact on the community and drainage is a big problem. He said that this is the beginning of the drainage that goes to Kimsey Park in Ross Downs and it impacts the Bear Creek erosion. He said that the City should buy the property and make it a park. Kipp Whitman, 3402 Crossgate Circle South, said that the Commission should consider some logic. He said that the trees in Highland Meadows are not original trees as the developer scalped the property. He said that Mr. Bagwell has a reputation for developing special subdivisions. He said that the longer the property is vacant, the more expensive it becomes to develop and less amenities will be offered. Scott Jostus said that maybe the cost is rising, but maybe it needs to stay a cemetery. Steve Apaliski, 2003 Reynolds Drive, said that he has concerns about the green space as there are none proposed for the areas that abut Ross Downs. He said that he wants buffers for all lots. He said that the property currently slopes down to his yard and he has concerns about the drainage. He said that there are safety concerns as they have even had cars vandalized in his subdivision and he wants to make sure that the streets are closed off. Tona Reynolds, 6108 Highland Hills, said that she is very passionate about this wonderful area. She said that when they were looking for a home, they were told by the homeowners on the street, the real estate agent, the City and the cemetery, that this was an institutional use and used as a cemetery. She said that David Bagwell said that he could not do a PUD-R. He made it sound like an ultimatum. She said that the citizens of Colleyville that were already here deserve something for being here before the development was proposed. She said that she is from Texas and when you are from Texas and somebody tells you something, you generally take it like a handshake. She said that when a director of a cemetery or people associated with a city tell you that something is not going to happen, you assume you can believe them. Ms. Reynolds said that currently behind their house is a park like setting and to be reduced to 30' of open ground is unacceptable. She said that she came here to ask the Commission to vote this down. She said that they should contact other cemeteries and see if they could purchase the land or build a park. AI Zim, 7209 John McCain Road, said that he has tried to contact Mr. Bagwell twice through his attorney regarding water drainage that could possibly come on his property from the development Planning & Zoning Commission Minutes - September 25,2000 Page 12 of 25 - Approved on 10/09/00. he is doing on the corner of Westcoat and John McCain and neither time has he replied. He said that he is prepared now to be in a regressive law suit against him and possibly against the City of Colleyville for allowing him to have water go across his property which is illegal. He said that we hired a Fire Chief in Colleyville and he is a smart man and we need to listen to his suggestions and to what he thinks is not going to work rather than wait until we have a fire and find out that the streets are too narrow for a fire truck to turn around and can't get people out. He said that if there needs to be 50' streets, Mr. Bagwell needs to do it. If there needs to be a 50' cul-de-sac, then that is what we need to do. He said that both the police department and fire department need to be listened to in their suggestions on platting. He said that he wanted to talk about water drainage and how everyone here has talked about water flooding over their property. He said that this subdivision is going to have streets made out of concrete and these streets do not retain water, but shove it down to the next lowest spot. He said that each house that is on the property is going to take that much water retention off the property. He said that the City of Bedford has imposed a drainage water tax based on how much concrete you have on your property as opposed to how much grass. He suggest that the Commission table the case and take their plat to the City of Bedford and have them look at the amount of water that will be running off this property and have them make suggestions for Hall Johnson. He said that the Commission is grossly underestimating the amount of water that is going to be running off the property. Mr. Zim said that on the development at John McCain and Westcoat, he has changed the water flow from what he has proposed to the City and he isn't sure that anyone has looked at it. Anne-Marie Apaliski, 2003 Reynolds Drive, in Ross Downs, and said that she is in the north corner of this development and they have no buffer. She said that her property backs up to Bluebonnet Hills. She said that the cemetery property is higher than theirs and there is currently a big drainage ditch and she is concerned about how it will be grated and the water they will get. She said that what happens in the morning for people who live in Ross Downs, Wyatt is just a gravel path, the only way to get to schools is to go down Reynolds to Meade to Connie and out to Twelve Oaks. She said that people have to turn left to go to Cross Timbers and Grapevine High School and a right to go to Glenhope. She said that Highland Meadows also has to come down Twelve Oaks to get to these schools and all of the traffic backs up in the morning and you can't get out. She said that people have to content with work traffic, and the traffic on Hwy. 26 is backed up and children will be late for school so they go through Ross Downs. She said that 83 plus houses with 83 plus children and 83 plus cars and they will be going down her street to get to school. She said that this piece of land, the City won't care about aesthetics for the neighbors, but the valid points are the drainage, traffic, fire department, the danger of criminals entering Ross Downs from Wyatt Drive, commercial traffic, construction traffic and traffic problems in reverse. She asked the Commission to keep the property AG because it already has too many problems to begin with. Skip Kinch, 6202 Highland Hills Lane, said that he is one 15% of the people that has the 25' drainage ditch in the back and if this project goes through he would like a resolution about how that issue will be treated before it moves forward. He said that the unique design that creates headlights coming into 25% to 40% of the homes on Highland Hills Lane and that is bizarre. He said that the last zoning meeting there was mentioned that there was a speed issue with a straight north/south street. He said that they felt that they learned a lesson with Highland Hills Lane and didn't want to repeat is in this subdivision. He said that he is opposed to it and just because there Planning & Zoning Commission Minutes - September 25, 2000 Page 13 of 25 - Approved on 10/09/00. is land there it does not mean that it needs to be turned into a residential subdivision. David Richardson, an attorney have handled representation of Bluebonnet Hills in there sale of property to David Bagwell, 1445 Ross Avenue, Suite 2300, Dallas, TX, 75214. He said that he lives over by White Rock Lake in Dallas which is a pretty popular area of Dallas. He said that most of the people who oppose the project abut the cemetery and they each purchased their lots but did not purchase the lot that is owned by Bluebonnet Hills. He said that for them to say that Bluebonnet Hills now owes them some sort of obligation of open space or view of scenic country side is simply not the law in Texas. He said that Bluebonnet Hills is very regretful of the fact that this has touched off such a fire storm in the City of Colleyville, but they're owned by a publicly traded company that has made a business decision to sell property. He said that that is dictated by market factors that people simply don't bury people in the same manner that they used to. He said that it is much more prominent these days to use mausoleums and to use cremation. He said that it's real important for the Commission to understand that the folks that are asking for this to remain open space simply have no support for their position under Texas law. It is clear and has been litigated in Texas that if someone next door to you restricts your view you can't do anything about it. He said that you can't sue them as they don't owe you rights of a view or the right of open space. He said that the cemetery has made projections about how much longer the land they have outside of this land is going to last them and the projection is that it will last longer than anybody in the room will be alive. He said that is important to look at where these people live who are in opposition in relation to the cemetery and realize what they are asking the Commission to do. He said that they will have to set up with Mr. Bagwell if he can build the development he wants to build in a way that is suitable to the City of Colleyville and the zoning and fire codes. He said that if it is not Mr. Bagwell, somebody else is going to buy the property. He said that there are a number of developers who are willing to buy the property and the cemetery has made zero marketing effort. He said that while he has heard some very legitimate concerns this evening, but a lot of them are requesting the Commission to do what they can't do under the law and to infringe upon the constitutional rights of Bluebonnet Hills to use its property. Mr. Richardson said that the best use that Bluebonnet Hills has identified for this property is to sell it and it's their constitutional right to do it. He said that an attempt to handcuff them into leaving it as open field is simply an abuse of the process. Commissioner Hill said that it is a unique piece of property and he doesn't think that there will be houses built on it unless the zoning changes. He said that it seems to be a part of the process to gain the sales price that Bluebonnet Hills is asking and Mr. Bagwell mentioned previously that this is the highest price that he has ever paid for property in Colleyville. He said that saying that the property will be sold is only half of the equation and the other half is appeasing area residents and City concerns, then rezoning the property and putting it to that use. He said that he asked if the representative from Bluebonnet Hills was in attendance at the last meeting to dialog modifying the purchase price to allow less density and more buffer zones. He said that Mr. Bagwell may be trying to put more homes on the site because of the purchase price he is being demanded to pay. Mr. Richardson responded that he agreed that the property needs to be rezoned in order to build homes. Commissioner Hill said that it takes other factors to put to use the property other than cemetery. Planning & Zoning Commission Minutes - September 25, 2000 Page 14 of 25 - Approved on 10/09/00. Commissioner Gasper asked Mr. Richardson if Bluebonnet Hills anticipates selling any more of its private property or does this sale assume to be the last transaction in the foreseeable future. Mr. Richardson said that the only other transaction that has been contemplated is selling a portion of the land immediately at the southeast corner of the land in order for Colleyville to build a bigger fire station. Commissioner Hill told Mr. Richardson that it may be possible to obtain a very handsome return of the investment while still allowing for a much less dense residential development. Mr. Richardson said that he thinks what Commissioner Hill is trying to say is, "Will you cut the price so that this guy can build fewer houses out there?" Commissioner Hill responded that that is between Mr. Richardson and Mr. Bagwell, but he is seeing a lot of legitimate concerns. He said that although there may not be a right under Texas law to make the claims that the neighbors are making, it is under the purview of the Planning and Zoning Commission and City Council to take those concerns into consideration in allowing a rezoning. Mr. Richardson responded that Commissioner Hill is absolutely right and he is not here to say that he will sell the property and just completely circumvent the Commission and is asking them not to take anything he has said at face value. He said that he is sure that the City of Colleyville has very able representation and has counseled them on the constitutional issues that come into play when persons and corporations are entitled to use their land. Commissioner Gasper said that one of the citizens talked about Bluebonnet Hills possibly condemning property in the future to expand the cemetery. She said that it is her understanding that condemning property can only be done by sovereign entity and Bluebonnet Hills is a private corporation and therefore would never be able to condemn property. Mr. Richardson responded that she is absolutely right and there is no way that they could do that and there is no risk to the homeowners. Chairman Hart said that Commissioner Hill stated what his concerns were and he understands that under state law the neighbors can want what they want but they are not necessarily guaranteed to get what they want. Mr. Richardson responded that that is absolutely correct. Chairman Hart stated that the seller can sell his property as it is zoned. Mr. Richardson responded that absolutely they can sell it as it is zoned now. Chairman Hart asked Mr. Richardson if Commission has no obligation to change the zoning from AG to any other type of zoning. Mr. Richardson said that the Commission is not obligated to change zonings.~ Mark Hollis said that he agreed with Mr. Richardson completely that the owner of the property has the right to sell it and Mr. Bagwell certainly has the right to buy it, but the Commission is under no obligation whatsoever to make it suitable by Mr. Richardson's definition for his use. Mr. Richardson agreed. Steve Apaliski, said that he appreciates the legal opinion rendered at the meeting and it is good to see that a representative from Bluebonnet Hills is at the meeting. He told Mr. Richardson that his clients and representatives were asked the question by a number of people if they could purchase some of the property initially. He said that they were told that the property was intended to be cemetery for the unforeseeable future. He said that he does not like casting dispersions on Planning & Zoning Commission Minutes - September 25,2000 Page 15 of 25 - Approved on 10/09/00. people that the only reason they are opposed because they want an unrestricted view. He said they are here because they had beliefs when they bought their property about the way the land is arranged and now find that it is not as it was represented. Ruth Heidel, told Mr. Richardson that they had heard initially that the reason the cemetery was selling the land was because the economics of dying have changed. She said that the representative from the corporation was quoted in the Fort Worth Star Telegram saying that that is not the issue. He said that they needed the money and now he's back to saying because the economics of dying have changed. She said that Mr. Richardson and the corporation need to get their stories straight. She said that Bluebonnet Hills has a right to sell the land and Mr. Bagwell has a right to buy it and ask for a zoning change. She said that the property owners within 200' of the land have a right to oppose the request. She said that the thing that gulls her the most is the corporation that is not even in the state of Texas, but based in New Orleans, Louisiana, coming to the Colleyville Planning and Zoning Commission and trying to tell citizens that they better change the zoning, because if you don't accept this plan another one is right behind it. She said that she thought they still had home rule in this city and in the state and the citizens are the home and this is their home and please respect that. There being no one else present wishing to speak, the public hearing was closed. Commissioner Edwards asked if staff has researched the right-of-way that is available along Wyatt Drive. Barry LeBaron responded that it looks like Wyatt Drive was left over from adjacent developments and it is difficult to pin point what is defined as right-of-way. He said that it does not show up on any of the plats. He said that the City has received a request from a number of citizens in Ross Downs to close a segment. He said that a meeting will be held to discuss the matter with the citizens. Commissioner Edwards said that she remembers the discussion with Ross Downs V that the portion of Wyatt Drive to the north of Reynolds was abandoned as a part of the Ross Downs V plat. She said that it was done in order to have the size of lots wanted, there was not enough right-of-way left for a road. Mr. LeBaron said that his research shows that there is no dedicated right-of-way and it is just a street that has existed for a number of years. Commissioner Edwards asked if staff has asked the school system about the impact of this addition and is that something that staff can do? She said that the Pulte development is going on this year and they are bring on other projects. Mr. LeBaron said that staff could ask for correspondence from them. Commissioner Edwards said that a decision needs to be made to abandon the 25' drainage easement and ask Mr. Bagwell to take care of any problems that currently exist on the property. She said that the problem is really associated with the cemetery problem. Mr. LeBaron responded that when they come in with their drainage plans, the City would make a decision at that time. Commissioner Gasper said that the Commissioner heard that many other cities do not require as wide of street to permit fire access and she asked the Fire Chief if there are special considerations in Colleyville that makes it different than Dallas. Chief Johnson said that he can't give the exact Planning & Zoning Commission Minutes - September 25,2000 Page 16 of 25 - Approved on 10/09/00. reasons why they made the streets wider for cul-de-sacs to have 36' of paving width requiring 56' of right-of-way. He said that from a fire fighting stand point, crews have more difficulty on narrow streets when fighting a fire on a large home because of the amount of equipment, hoses, and people needed. He said that most cities require a wider width on cul-de-sacs that normal street widths as does Colleyville. He said that the 36 feet becomes significant when looking at street lengths going to the cul-de-sac. He said that in Colleyville they are allowed to be 1,2000 feet long which is enormous compared to other cities' standards. He said that most cities' only allow 600' on cul-de-sac streets except for South lake and they allow 1,000'. Commissioner Gasper recapped the reasons identified by Chief Johnston. Commissioner Gasper asked about the equivalency of a 6' vs. a 5' thick pavement. Mr. LeBaron responded that from a lay person's point of view that a 6' thick pavement has so many sacks of cement in it. He said that if you add more sacks, you can reduce the thickness and get the same strength. She asked if it is possible when it is correctly engineered. He responded that yes it is, but the engineering department says there are other factors, in terms of brittleness, ability to withstand shifting soils, etc. He said that is why the city is staying with 6' of thickness. Commissioner Gasper said that it sounds as if the numbers work out right, if someone wants to put a swimming pool in their back yard and has a dump truck removing loads of soil the street may not stand up to that kind of usage. Mr. LeBaron said that is true. Mr. LeBaron said that a lot of the heavy loads are during the development process with concrete trucks on fairly young pavement. Commissioner said that she understands that the more pavement ages, the stronger it becomes. Commissioner Gasper said that she has some various significant concerns about the drainage. She said that having lived in Colleyville for 8 years and having grown up in the area, she has seen when the water went over the spillway of Grapevine Lake. She said that they said it wouldn't happen for 100 years and if happened the first year they lived here. She said that she is not seeing anything that makes her comfortable with how the drainage is being treated. She said that she assumes that to fix the drainage, it would reduce the yield on the property. Commissioner Gasper asked Mr. Bagwell if he was able to fix the drainage so it wouldn't go over other people's property and be able to retain and take the water into storm sewers so it wouldn't go on public property without damaging anybody. Mr. Bagwell responded that he could. Commissioner Gasper said that she has a great deal of concerns that people will be driving down streets and car lights will be going into people's back yards. She said that when people buy property they have a reasonable expectation that things are kind of going to stay the way they are. She said, however, when a business decision is made and property is being sold, she doesn't think that homeowners expect to have headlights. She told Mr. Bagwell that he talks as if this is a new design and wanted to know if the development could be reconfigured so that the streets are wider, the headlights do not shine into people's properties, and the drainage is solely contained on property. Mr. Bagwell responded that those who design property, live around it, and live in it, need to take ultimate confidence in the City of Colleyville engineering staff and the development standards set by them. Also, developers hire licensed Texas civil engineers who are trained and experienced Planning & Zoning Commission Minutes - September 25,2000 Page 17 of 25 - Approved on 10/09/00. to not produce bad drainage. He said that we do not live in a perfect world and does not know as a lay person what more can be done than to rely upon the drainage standards of the community that they are obligated to adhere to and the experience of licensed engineering firms to follow them. Mr. Bagwell said that what would be between the lights and backyards would prevent that. He said that he is happy to commit that to the ordinance as it is not his intent for anyone to have lights in their backyard. He said that to the extent he can he puts himself in the position of people living around the development and considers what it would be like. He said that he would be glad to attempt to add to the buffer along the east side by eliminating it in other areas. Commissioner Edwards said that the people who have existing homes would like as much open space as possible along the eastern side of the development and she asked Mr. Bagwell if he had considered that. He responded that he heard something different that was about existing views and they served that objective as well as the buffering objective. He said that he has never received a figure as to the buffer size, but tonight it was stated that 30' is too little and in some cases it looks as if there is only 5' to 6' and that is not correct. He said in some cases he could pull the bubbles back. Commissioner Hocutt asked if anyone on staff has talked to Bob Moore Sports Center as far as the impact of lights and foul golf balls. Staff distributed a letter in support of the zoning change from the owner of Bob Moore Sports Center. Commissioner Hocutt asked if there would be nets protecting the homeowners from golf balls going over the fence and what will be done about the lights late at night shining into the residential subdivisions. Commissioner Edwards stated her concerns about the open space, her opposition to a gated community since everyone should share the traffic, the special rules have caveats for drainage and streets, items #5 & #5 relate to drainage. Mr. Bagwell responded that pilot channels are not favorable in the soil in Colleyville and one of the things that they are trying to establish if approved for zoning, they are trying to nail down all of the elements for development. He said that they have done that in their other subdivisions. She said that the layout of the private space is inefficient for the homeowners association to take care of. Commissioner Hollis asked why Mr. Bagwell added a condition that in lieu of concrete pipe they would be allowed to use another product. Mr. Bagwell responded that there are new products that come to market at gradually gain acceptance upon their use. He said that there are new products that have proven to be very effective and less expensive. If it is less expensive yet equivalent he should be allowed to use them and the proposal stimulates discussion at a technical level. Commissioner Hollis said that he agrees, however Mr. Bagwell needs to propose it to City staff and not the Planning and Zoning Commission and if the staff supports it, possibly the Commission can. Mr. Bagwell said that he has never found a Zoning Commission that is inclined to support different standards. Commissioner Wall asked questions of Mr. Bagwell about gated subdivisions and if there are other areas of Colleyville that have similar traffic patterns with this many lots entering and exiting without a stop light onto a thoroughfare. He said that there is a problem with the existing traffic Planning & Zoning Commission Minutes - September 25,2000 Page 18 of 25 - Approved on 10/09/00. and it will compound it with this subdivision. Clayton Husband said the criteria for a signal to be installed at this location will be reviewed. Commissioner Wall asked if staff was assured that the drainage coming of the proposed development can be handled by existing city off-site infrastructure without improvement. Mr. LeBaron said that it is a concern to get too many drainage issues wrapped up in a land use question. He said that they are platting issues and until they have done the drainage analysis which is a part of the subdivision for the plat, it is premature to develop them for a zoning case. He said that they are simply asking if they can use the property for something, and staff does not have enough information at this point to determine if down stream improvements will be required, etc. Commissioner Wall said that at this point there is no rational to approving special conditions. Mr. LeBaron said that is true. Commissioner Hollis asked the Fire Chief if he ever has more than two vehicles at the scene of a fire emergency and if they have room to reposition vehicles on a 36' paved cul-de-sac. Chief Johnston responded that it depends on parked cars and the fire vehicles will block the street in a house fire. He said that they might not have room to set up on a 21' pavement depending on parked cars and that is why they have a minimum of 31' of pavement. Commissioner Gasper asked if there were two cars parked directly across from each other on a residential street, would the fire department have enough space to get through. Fire Chief Johnson responded that in reality, according to state law, cars can park up to 18" away from the curb and not be ticketed. He said that even when cars are parked next to the curb 15 feet becomes unusable and leaves less than 15 feet for fire fighting equipment. When the doors open and equipment is set up there is not enough room to work around the area if the fire is at that location. Mr. Bagwell said that no one else has as restrictive regulations as Colleyville and homeowners will self police no parking on the inside of looped streets. He said that another possibility is to pull the cul-de-sacs back. Mr. Bagwell said that he was asked to do a PUD by the community and at the time he presented his first case for R20 he did not know how to do a PUD for the property, but he has designed one and has been criticized for it. He said that he will continue to work on the plan. Commissioner Gasper moved to table the case to allow the developer more time to meet with the residents that will be impacted by the development as he has heard some of the issues raised tonight. She said that he has new members on the Commission and has no idea where they are coming from. She said that in fairness to Mr. Bagwell and the community she would like to see the case tabled and ask him to find some sort of forum to meet with the residents to work out the concerns. She said that she sees a trade off of vista and privacy. Commissioner Hill seconded the motion. The vote being: Ayes: Gasper, Edwards, Hocutt, Hollis, Wall, Hill, Hart Noes: None The Commission took a 15 minute recess. Planning & Zoning Commission Minutes - September 25, 2000 Page 19 of 25 - Approved on 10/09/00. 2. A Final Plat for Riverwalk at Colleyville, requested by Charles Searcey for D. R. Horton-Texas Ltd., 20.054 acres located on the N. side of Glade Road at the future Riverwalk Drive. Case P-00-065 Clayton Husband presented the case to the Commission and explained the conditions of the PUD. Commissioner Gasper asked for instructions on what they are permitted to consider since an ordinance for the development is already in place. Clayton Husband spoke about the items to consider when reviewing a plat. Commissioner Edwards said that the issue of maximum lot coverage on the small lots should be addressed. She discussed the problems she sees with The Villas at Caldwell Creek that has very large houses on very small lots. Commissioner Hill asked if there is a time limit for the commercial development associated with this plat. Mr. Husband said that the commercial development would be subject to the requirements of the PUD and there is not a specific time that it is required to be constructed. Commissioner Hocutt asked about the Development Review Comments pertaining to item #4B and the size of cul-de-sacs. Clayton Husband said that the plat as proposed is what was established by the PUD. Barry LeBaron went over side yard requirements within the subdivision. Chairman Hart said that Riverwalk Drive was proposed many years ago and this development would construct one half of the roadway and the developer to the east will build the other half. He said that this is the beginning of Riverwalk Drive off Glade Road and the City will not have to build this portion. Commissioner Wall asked if people who will be purchasing lots in the subdivision would be aware of the future development and what will be built to the north of them. Commissioner Edwards said that the property is zoned for high commercial and no plans are in place currently for the property. Jennifer Hile, representing the developer was present to address the Commission. The Commission had no questions. Commissioner Hill moved to approve the final plat. Commissioner Gasper seconded the motion. The vote being: Ayes: Gasper, Hocutt, Hollis, Wall, Hill, Hart Noes: Edwards 3. A Minor Plat for Rodgers Acres, requested by Joy Rodgers, 2.01 acres located at 3601 San Bar. Case P-00-066 Planning & Zoning Commission Minutes - September 25, 2000 Page 20 of 25 - Approved on 10/09/00. Barry LeBaron presented the case to the Commission. He told them that the purpose for the plat was so that the applicant could build a perimeter subdivision fence and they have addressed all of DRC's comments. He said that the plat meets all of the technical requirements. Commissioner Gasper moved to approve the minor plat. Commissioner Edwards seconded the motion. The vote being: Ayes: Gasper, Edwards, Hocutt, Hollis, Wall, Hill, Hart Noes: None 4. PUBLIC HEARING - An amendment to Chapter 3, Land Use, of the Land Development Code regarding large commercial facilities. Case Z-00-069 Barry LeBaron presented the item to the Commission. He gave the history of the request by City Council to develop an ordinance. He said that the proposed ordinance addresses the issues that staff has heard and has met with the Highway 26 task force. He said that they also contacted a number of communities that have had to deal with the same issue and also the American Planning Association. He said that some of the issues are huge vastness of parking lots, sterile facades, landscaping, dumpster screening, outside storage, screening, outside displays, construction materials, exterior colors and logo colors. Commissioner Wall asked if the ordinance has been reviewed by the City Attorney. Staff responded yes. He asked if there have been any users identified for the commercial property south of Hall Johnson Road and Colleyville Blvd. Mr. LeBaron responded that there are no applications pending for any buildings or zoning requests that have fallen under this category. He said that we only have a plat submitted and it does not require the identification of buildings. Commissioner Gasper asked since they have applied for a plat, would they be covered by this ordinance? Barry LeBaron responded that this is a zoning issue and it would be applicable since zoning is not a part of the vested rights statute, but an attorney would have to verify that. Commissioner Hill said that is his fundamental concern. Commissioner Hocutt asked about parking on the current Albertsons and Mr. LeBaron responded that he has concerns about establishing requirements that do not allow over parking on lots. Commissioner Edwards discussed the possibility if including regulations for road worthy brick and shared parking requirements. Commissioner Hill asked staff what cities ordinances were mirrored. Mr. LeBaron said that they used several but were impressed with Fort Collins, Colorado and Fort Worth. Commissioner Hocutt had questions about parking cart racks. There was discussion about overlaying the current regulations in the ML zoning district. Discussion arose about the need to Planning & Zoning Commission Minutes - September 25, 2000 Page 21 of 25 - Approved on 10/09/00. elaborate on lighting designs. Commissioner Edwards raised the point that there are no provisions in the ordinance for abutting residential streets. The Commission also discussed the building design score criteria. Chairman Hart opened the public hearing. Those present wishing to speak were: Rich Munson, 1905 Hall Johnson Road, asked questions about the display area and suggested that it should be more defined. Doug Henderson, told how the design scores were established for the City when he was the Director and how establishing too high of a design criteria could cripple large buildings. Kipp Whitman, 3402 Crossgate Circle S., said that he is a member of the Highway 26 Commission and they had a meeting with some of the Council present to help give input for the ordinance. Linda Baker, 404 W. McDonwell School Road, said that one box size doesn't fit all. She said that Albertsons and K-Mart may not be able to develop on Precinct Line Road and if Colleyville makes the regulations too strict for certain parts of the city, the may be a proliferation of people selling their property to churches. She said that Precinct Line Road is the last change to get large commercial shopping centers. There being no one else present wishing to speak, the public hearing was closed. Commissioner Hollis questioned would happen to a business that came to the community and was well received but could not meet all of the criteria, are there variance possibilities. Barry LeBaron said that they require a PUD and the criteria are established in the PUD. Commissioner Wall began discussion about how many areas are left to develop large commercial. Commissioner Hill asked what the rational was for the 50,000 s.f. criteria vs. the 55,000 s.f. in the moratorium. Mr. LeBaron said that the criteria were established at the joint meeting with the Highway 26 Committee and Council. Commissioner Hill restated the position of the City Attorney and staff that this ordinance will apply to a property that is zoned commercial for which a preliminary plat has been filed with the City. Mr. LeBaron responded that it would apply. Commissioner Gasper questioned the typical size of a side wall as it relates to three changes to prevent bland walls. She raised questions about screening from residential properties and the possibilities of having the grass on the outside of the fence nearer the residential areas, and outdoor display when a business is open 24 hours. There was discussion about having a minimum of 50,000 s.f., but no maximum and the possible formula for set backs, and a formula for distance of garbage collection away from residential areas. Commissioner Hocutt initiated discussion about permitted signage. Planning & Zoning Commission Minutes - September 25, 2000 Page 22 of 25 - Approved on 10/09/00. Commissioner Edwards initiated discussion about screening from residential areas located adjacent or across the street from a big box. They discussed 20"grass with berms, berms with shrubs, low stone walls as another option. She said that she wanted to see more landscaping areas in the parking lots. Commissioner Gasper recommended that language could be added to consider comparable materials. She initiated discussion of considering language added for: grasscrete as an option for overflow parking; HID lighting terms; cart storage; security lighting in the back of buildings; outside storage locations; setback requirements; low masonry walls as an alternative; a general statement for alternative materials; 20' of land and a brick wall to allow some buffer for trucks. Staff said that they would try to incorporate all of the Commissioners' comments into an ordinance to present to City Council. Commissioner Hill said that he agrees with everything that has been said and also thinks that with a dozen or so spots in the city a well written big box ordinance is a good thing and should continue to work on it. He said that there are two issues. He said that one is the specifics of the ordinance and the other is who it applies to. He said that he wants to go on record as stating that he has a fundamental concern about the wording of the ordinance and the City's position with regard as to who it applies to as they relate to the conflict of vested rights in Texas. He said that namely to people who have already begun their development process by filing a preliminary plat prior to the moratorium and then the big box ordinance being considered. He said that the wording exposes the City to risk of a legal challenge especially in light of the circumstances and the timing of the moratorium. Commissioner Hill said that he would suggest that they avoid that problem at the outset by clarifying who it applies to and he would make the suggestion that they do so. Commissioner Gasper said that if the draft if run by legal counsel, the legal staff needs to be trusted to look at the changes also. Commissioner Hill said that he respectfully disagrees with that statement. Commissioner Gasper moved to recommend approval of the ordinance with instruction to the staff that they develop and provide information in the ordinance presented to the City Council as stated above. Commissioner Hocutt seconded the motion. The vote being: Ayes: Gasper, Edwards, Hocutt, Hollis, Wall, Hart Noes: Hill Commissioner Hill said that his vote was based solely on the vested rights issues. 5. TABLED ITEM - 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 Planning & Zoning Commission Minutes - September 25, 2000 Page 23 of 25 - Approved on 10/09/00. Commissioner Gasper moved to remove the item from the table. Commissioner Hocutt seconded the motion. The vote being: Ayes: Gasper, Edwards, Hocutt, Hollis, Wall, Hill, Hart Noes: None Barry LeBaron presented the case and told that that there is an added feature of an 1,800 sq. ft. caretakers facility associated with the request. He said that the kennel plat areas are on the west side and would be detrimental. He said that the open play area is located inside the kennel and after staff heard the issues raised at the last public hearing, they have made a recommendation of denial. Chairman Hart opened the public hearing. Those present wishing to speak were: Kipp Whitman, owner, said that he wanted to dispel the notion of a kennel. He discussed the overall site plan and how this location does not lend itself to a strip shopping center. He discussed the building design and the ability to baffle the sound. He said that the outside play are makes best use of the flood plain area. Mr. Whitman said that the kennel services will bring in taxes and the other alternatives for the property are offices that do not generate tax revenues. He said that the overall site is not big enough for a large box. Mr. Whitman said that one of the benefits to the owner of the kennel building in this location is that she has 7,000 active customers and 900 of them are Colleyville residents. He said that there would potentially be 700,000 cars per year coming to the location. Lewis Martin, 1013 W. Lavaca, said that the kennel could raise the elevation of the property and all of the water will go over his property. He said that he does not want runoff from the kennel on his property. He said that dog kennels are not a good deal. He said that he does not have a problem with a gas station at the corner. Danny Ogel, 1009 W. Lavaca, said that he has 5 acres and a kennel is not a good draw for the area. He said that the area is currently very quiet and he does not anticipate that a kennel will produce much tax revenue. Bill Souder, 305 Brook Ridge Court, Hurst, said that he should the property south and the master plan shows for commercial to be located in the area. He said that there are many houses being built in the area and this will become a choice center of higher scale commercial. He said that a dog kennel does not belong and his is opposed. Kipp Whitman said that Mr. Martin's concerns about drainage will be addressed at time of platting. He said that the kennel owner will contract veterinary services. Commissioner Hocutt asked Mr. Whitman what he would see this building used for if it was not used as a kennel. He responded that it could be used for an athletic club or office complex. Planning & Zoning Commission Minutes - September 25, 2000 Page 24 of 25 - Approved on 10/09/00. Judy Martin Rejeri, 1013 W. Lavaca, said that she has been in the area for 18 years and does not want to see a kennel or hear a kennel. She said that there is nothing to be gained by the city. She said that there have been times when the property is knee deep in water and the kennel will create more water. She said that there are other uses that could be more appropriate in the area like a bridal shop or a Krispy Creme Donuts. She said that a kennel will make her property values decline. Linda Baker, 404 W. McDonwell School Road, said that when the original PUD was placed on the property the City lost control of the commercial development of the area. She said that if the city keeps piece-mealing the parcels out, no large commercial development will happen in the area. She said that the City needs to begin thinking in longer terms than next year. She said that she is speaking in behalf of the Western Gateway. Kipp Whitman said that there has been no loss of control for commercial development and restaurants are on hold because of the lack of business in the area and the kennel would bring customers. Doug Henderson, representing Mr. Whitman, talked about building setbacks. There being no one else present wishing to speak, the public hearing was closed. Commissioner Hocutt made a recommendation to deny the zoning change request based on the information presented. Commissioner Gasper seconded the motion. Commissioner ensued about amending the ordinance and striking the provision for the kennel. They discussed possible other uses. Chairman Hart called for the vote. The vote being: Ayes: Gasper, Hocutt, Noes: Edwards, Hollis, Wall, Hill, Hart The motion to deny failed. Commissioner Gasper moved to table the item to allow future discussion about Lot 4. Commissioner Hill seconded the motion. The vote being: Ayes: Gasper, Edwards, Hocutt, Hollis, Wall, Hill, Hart Noes: None 6. Citizens' comments regarding items not on the agenda: There were none. 7. Staff comments, reports and discussion items: Barry LeBaron told the Commission about a training session to be held on Thursday October 5th in the Community Center at 6:30 p.m. 8. Commissioners' comments and reports: There were none. Planning & Zoning Commission Minutes - September 25, 2000 Page 25 of 25 - Approved on 10/09/00. ADJOURNMENT: The meeting adjourned at 1 :00 a.m. Respectfully Submitted, Approved on: October 9,2000 as submitted. NOTE: As a matter of public record, an audio recording of the above Planning and Zoning Commission meeting is available upon request.