Loading...
HomeMy WebLinkAboutPlanning and Zoning Commission-Minutes-7/24/2000 Planning & Zoning Commission Minutes - July 24, 2000 Page 1 of 11 The regular meeting of the Planning and Zoning Commission was called to order by Chairman Hart at 7:05 P.M. on July 24, 2000. Roll Call: Present: Luann Edwards, Mike Collins, Jim Fletcher, Bryan Hill, Tom Hart Rob Rutherford, William Tyler Barry LeBaron, Clayton Husband, Jan Levy Absent: Staff: Invocation: The invocation was given by Commissioner Hill. Approval of Minutes: July 10, 2000 Commissioner Edwards moved to approve the minutes as submitted. Commissioner Collins seconded the motion. The vote being: Ayes: Edwards, Collins, Fletcher, Hart Noes: None Abstained: Hill 1. A Combination Plat for Lot 1, Block 1, Godwin Addition, requested by Byron Godwin, 1.026 acres located at 4804 Bransford Road. Case P-00-054 Staff presented the case to the Commission. They recommended approval of the plat subject to the addition of the floodplain elevations, finish floor elevations and the owner's name correct on mylar prints prior to filing. Commissioner Edwards approve the plat subject to the addition of the floodplain elevations, finish floor elevations and the owner's name corrected on mylar prints prior to filing. Commissioner Fletcher seconded the motion. The vote being: Ayes: Edwards, Collins, Fletcher, Hill, Hart Noes: None 2. TABLED ITEM - A Zoning Change requested by David Bagwell Company, from AG to R20 (single family residential, min. lot size 20,000 s.t.) on 52.6602 acres located on the north side of Hall Johnson Road being a portion of Bluebonnet Hills Memorial Park. Case Z-00-052 Commissioner Fletcher moved that the item be removed from the table. Commissioner Collins seconded the motion. The vote being: Ayes: Edwards, Collins, Fletcher, Hill, Hart Noes: None Planning & Zoning Commission Minutes - July 24, 2000 Page 2 of 11 Staff had no new information to present to the Commission. David Bagwell was present to represent the case. Commissioner Fletcher recapped the last meeting. David Bagwell empathized with the neighbors of the cemetery and said that he also would have expected that the land would be a cemetery. He said that his company was approached by the cemetery to purchase and develop the property and if he does not develop it, someone else would. He said that as a developer he looks for places to build subdivisions and looks at the property as a business person would. He said that as a business person, R20 is a reasonable category. He said that he has talked to several people of the neighborhood and they offered general ideas, but he could not accommodate their requests. He said that alternative zoning does not work for him as a business person. Commissioner Hill asked if there was a representative from the cemetery present at the meeting. There was not. Chairman Hart entered into discussion about the institutional zoning category that is listed on the Master Plan. Commissioner Fletcher spoke about the process of the developing a Master Plan for the City. He said that they need to start with the citizens needs and then find a way to accommodate those needs through zoning regulations. He said that the property has challenges and a fire station at the entry way of the subdivision is one of them. He said that the property is hemmed in by the narrowness of the northern neck. He said that the parcel will be expensive to develop with the improvements that will be required. He said that if the property was to be developed it would need to be the highest quality development possible. Chairman Hart questioned David Bagwell about his comments that he has a contract on the property with an expiration date and the comment that if he does not develop the property, someone will come behind him. Mr. Bagwell said that he does not know who that developer would be. Commissioner Hill said that some kind of buffer and park makes the development less dense and a message needs to be sent to the seller that they need to lower that price so that a developer can provide amenities that the community wants. Mr. Bagwell said that he can't do the kind of subdivision that he does with the quality that he does and include buffers and open space at the cost that the seller is asking for the property. He said that this parcel will be the most expensive piece of property that his company has ever paid for property in the City of Colleyville. Planning & Zoning Commission Minutes - July 24, 2000 Page 3 of 11 Chairman Hart asked what the zoning of Ley ton Grove, that David Bagwell developed, was. He responded that Ley ton Grove was zoned R20. Commissioner Hill asked staff what the permitted uses were in institutional zoning. Clayton Husband responded that there is not an institutional zoning category in the Land Development Code. He said that the Future Land Use Map shows institutional for current uses by schools, churches, and cemeteries. Commissioner Hill commented that property is currently zoned Agricultural and could be developed as residential with three acre lots. Commissioner Fletcher commented on there being no need to reopen the public hearing since nothing had changed with the case since the last meeting. He said that the cemetery needs to renegotiate their sales contract to allow Mr. Bagwell to do a PUD-R. He said that Mr. Bagwell builds a good quality product. Commissioner Collins said that he does not doubt the quality of the product, but he is still shocked to think that the property could change from a cemetery to SO residential lots. He said that it makes economic sense to be developed with more open space. Commissioner Fletcher moved to recommend denial of the zoning change. Commissioner Collins seconded the motion. The vote being: Ayes: Edwards, Collins, Fletcher, Hill, Hart Noes: None 3. PUBLIC HEARING - A Zoning Change requested by Carol Ludwick, from AG to PUD-R (planned unit development- residential with a residential & commercial use in same structure) on 2.152 acres located at 5319 Bluebonnet. Case Z-00-053 Staff presented the case to the Commission. They recommended denial due to the non- compliance with the Master Plan. Chairman Hart opened the public hearing. Those present wishing to speak were: Carol Ludwick, applicant, was present to represent the case. She said that she currently has a business in Grapevine and wanted to move it to her home. She said that she intends to keep the business small because she and her family will still live in the home. She said that sometime in the future, she may expand her retail business to include a tea room. Ms. Ludwick said that the tearoom would be similar to Patricia's Tearoom formerly on Colleyville Blvd. and the hours would coincide with her family and only be open for lunch. She said that she possibly would need seven to ten parking spaces. Ms. Ludwick said that she will not be attracting customers that would make her neighbors nervous. She said that her business in her home would not devalue her neighbors' property values because she would not change anything with the exterior of her home. She said that residential use shows up on the Master Plan, but the Master Plan does not address a mixed use concept. She said that conditions could be placed in the approving ordinance that meets the neighbors concerns. Planning & Zoning Commission Minutes - July 24, 2000 Page 4 of 11 Commissioner Edwards commented that there is probably no need to expand the parking area because the current driveway is adequate to accommodate the number of clients that Ms. Ludwick projects. Clayton Husband said that the light standards along the driveway will probably need to change because of the commercial requirements to accommodate fire and emergency vehicles. Mrs. Lucwick said that she is willing to discuss any issues with her neighbors and is willing to plant trees and vines with lattice to offer privacy. Kelly Madden, 1604 Royal Lane, said that he was president of the Kingswood Homeowners Association. He said that they do not want commercial uses on the property because they fear that if it begins at this proposed stage, the commercial use could be expanded and go farther. Commissioners Edwards and Hill said that restrictions and conditions could be written into the PUD that restricts the expansion of the business. Kirk Sites, 5404 Janet Lane, said that he had concerns with the zoning change. He said that any prospective buyer would see a commercial zoning category on the property and perceive that commercial 'use would devalue the adjoining properties. Commissioner Hill commented about the commercial property across the street from Kingswood Estates. Saleem Tareen, 1503 Royal Lane, said that he can easily see into the applicant's property and they can easily see into his property. He said that he cannot imagine people sitting on the porch drinking tea would want to see into his yard. He said that the applicant cannot limit the number of people who would come to her business. He said that the proposed business would be like bringing commercial business into their back yards and he asked the Commission to please reject the request. Shabbir Shad, 1505 Royal Lane, said that it would be a different request if Carol could guarantee that she will be living in the home forever, but she cannot. He said that the current request may allow eight people sipping tea, but in time that use may expand. He said that the Ludwicks are very good neighbors, but the neighbors in Kingswood Estates are looking into the future. He said that there are thirteen parcels in Kingswood Estates that touch her property. Dean Marth, 1605 Royal Lane, said that they were aware of the new commercial businesses projected across the street when they bought their home. He said that they understood that there were residential uses behind their home, and he would not have bought their home if they thought that the residential use could turn to commercial. Greg Gray, 1603 Royal Lane, said that the commercial property across from their subdivision does not have an affect on it, but opening up the residential property to the south for commercial will have an affect. He asked how the business could be regulated and limited if the business becomes successful. He mentioned the potential for someone wanting to expand the business Planning & Zoning Commission Minutes - July 24, 2000 Page 5 of 11 and questioned, "Where does it stop?" He said that they enjoy the openness of the lot and once it is changed, it would be like opening Pandora's box. He said that currently they are asking for a tea room and a boutique, but someone else could buy it and want to expand the business. He asked the Commission to protect the integrity of their investments and their neighborhood. Donita Wiggins, 5317 Bluebonnet, spoke in support of the request. She said that she trusts Carol and trusts the Commission to place restrictions on the approving ordinance that would give the neighbors the security that they need. She said that Kingswood Estates would not be impacted by eight additional cars on Carol Ludwick's lot. Carla Silverberg, 1509 Royal Lane, spoke in support of the request. She said that Carol Ludwick's business will not devalue property values in Kingswood Estates. She said that the type of business people who will be using Carol's business, will not be looking into the neighbors' back yards. She said that her property is close to the request and she is in favor of the rezoning. No one else was present to speak and the public hearing was closed. Carol Ludwick responded to the neighbors concerns. She said that she can empathize with them, but she suggested that the Commission draft a PUD that lists allowed uses and whatever other restrictions are necessary to protect the area and the neighbors. She said that it could consider exterior parking, lighting, usage, signage, the elements of screening and limit the business to specific areas of the home. She said that she has searched for a place for her upscale business and her lease is coming up in Grapevine. Commissioner Hill said that the Commission could either deny the request out right or define the limits of the PUD-R. Commissioner Edwards questioned the applicant about the time constrains on giving a 30 day notice for her lease in October. She asked if the back porch would not serve as a better use for a tea room. She said that there could be enough restrictions placed in the approving ordinance to help ease the neighbors' worries. Commissioner Fletcher complimented Carol Ludwick and Ms. Wiggins on their homes and the addition they are to the City. He said that the neighbors have valid concerns and if her business did become very successful, the approving ordinance will not be able to accommodate the increase in customers. Commissioner Hill moved to table the item so that the applicant can meet with the neighbors. Commissioner Edwards seconded the motion. The vote being: Ayes: Edwards, Hill, Hart Noes: Collins, Fletcher [Per the Charter, it requires four votes to take action on an item - the motion did not pass.] Planning & Zoning Commission Minutes - July 24, 2000 Page 6 of 11 Commissioner Fletcher moved to recommend denial on the zoning change. Commissioner Collins seconded the motion. Commissioner Edwards said that she was surprised by the opposition to the use of the dwelling for this kind of business. Commissioner Fletcher said that the applicant's enterprise is commercial and the neighbors will be impacted. Commissioner Hill asked what the harm would be in giving the applicant and neighbors two additional weeks to try to reach some understanding. Commissioner Fletcher said that in the interest of compromise he would withdraw his motion. Commissioner Hill moved to table the case. Commissioner Edwards seconded the motion. Commissioner Collins said that he does not believe that he would change his decision, because once the business is open, customers could not be limited or stopped from using the business, but he is willing to table the case for neighbors to discuss the issues with the applicant. Chairman Hart said that he is inclined to deny, but is willing to table the case. He called for the vote. The vote being: Ayes: Edwards, Collins, Fletcher, Hill, Hart Noes: None 4. PUBLIC HEARING - A Request For Private Streets and Entrance Gates for the Shalimar Addition, requested by Mehrdad Moayedi, President of the Shalimar Homeowners' Association located on the south side of John McCain Road. Case P-00-050 Clayton Husband presented the case to the Commission. He said that the applicant meets all of the technical requirements of the Land Development Code regulations for privatization of streets.. Commissioner Fletcher said that the Commission went to great lengths to stub out a street into the adjoining property and one of the reasons was the number of lots on a cul-de-sac. He said that if the stub out was eliminated, the property to the west would have a similar situation and become a long narrow subdivision and face similar problems. Commissioner Edwards said that she is beginning to see the effects of giving away public access. She said that there is no place to park on John McCain Road if someone wanted to park their car and walk through the subdivision to access the trail system. She said that the trail system is greatly suffering since Raman Chandler did not give access from Caldwell's Creek. Chairman Hart opened the public hearing. Those present wishing to speak were: Planning & Zoning Commission Minutes - July 24, 2000 Page 7 of 11 Anna Khallil, 7005 Shalimar Court, said that they plan to have a gate for people to walk through to gain access to the trail system. She said that they received a 100% vote of the homeowners to privatize the streets. She said that the stub out was only an easement and no one anticipated that the property would ever develop as a street. She said that they should not be penalized for the configuration of the property to the west. She said that people that live outside the addition should not be allowed to drive into Shalimar and park to use the trail system because they do not have wide enough streets to allow parking. She said that they will maintain the public easement. Harry Lee, 6909 Shalimar Court, said that they were the first homeowners to move into Shalimar and they were advised in the beginning that the subdivision would have private gates and private streets. He said that they were not aware of the parkway and access requirements and cars would park in front of the open spaces and limit the use of the community areas for the residents in Shalimar. He said that there are many children in the neighborhood and they don't have to worry about them crossing the street to use the common medium and community areas. Monique Kusman, 6905 Shalimar Court, said that she has two small children who can play in the front yard and there is not a lot of room for cars to park on the streets. She said that they will provide a gate at the front and back of the addition and should not be required to become the parking lot for the trail system. Charley Slocum, 6821 Shalimar Court, said that he was surprised by the stub out and he was told that Shalimar would be private streets. He said that he has no problem with the public access and walkway. He said that he supports a gated community. Mr. Husband told the Commission that it was never intended to have vehicles access the subdivision and park within the subdivision. He said that the City may consider the possibility of providing some public parking spaces in the parks along the trail system. Mark Lamkin, 7000 Shalimar Court, said that gates will hopefully eliminate some fast driving within the subdivision. He said that gates will offer safety for families and children and prevent solicitors. He said that he has never seen so many people living in a subdivision agree on the something and then write checks to support the cause. He said that the neighborhood is very unified and is a wonderful place to live. Anna Khalil said that the gates would be open from 7:00 a.m. to 7:00 p.m. Steve Parsons, 7016 Shalimar Court, said that he owns one of the lots with the stub out next to his. He said that when he witnessed the unity of the people living in the subdivision, he wanted to live there. John Dees, 7200 Maranatha Court, said that he was assisting homeowners with their request for a gated subdivision with private streets. He said that when the property was zoned and platted, regulations were not in place to allow private streets. He said that the subdivision was designed for gates and private streets and they were told that they could request them once the regulations Planning & Zoning Commission Minutes - July 24, 2000 Page 8 of 11 were established. He said that they are requesting them with a good faith effort. Mr. Dees said that the Street Department does not allow parking along the center median to help facilitate emergency vehicle response. He said that the stub out was put in place by the City Council for future development of property to the west. He said that the utilities were located in the center median. Mr. Dees said that the developer has made any potential homeowner aware of the requirements for obtaining private streets. Commissioner Fletcher complimented Mr. Dees on the finished product. He said that restricting access to pedestrian traffic only is not a problem for him. He engaged the staff in discussion about the sub out. Commissioner Edwards asked if there was a specific date that the stub out would be abandoned by the note on the plat. Staff responded that there was not. Commissioner Hill said that he is in favor of granting the request with the inclusion of pedestrian access. Commissioner Hill moved to recommend approval the request for private gates and private streets for Shalimar as stated in the application. Commissioner Fletcher seconded the motion. Commissioner Fletcher moved to amend the motion to include Exhibit A and Exhibit Band a condition that the stub out be eliminated with the escrowed money ($10,000 per the John Dees) reverting to the highway escrow fund. Staff said that they will need to research the amount of money escrowed for the future development of the stub out street and they will need to abide by the agreement. Commissioner Hill said that they money was not escrowed for the purpose stated in the motion and he does not want to consider reverting the escrowed funds to the general funds. Commissioner Fletcher said that the property to the west needs to be developed as 35 acres, not as a long narrow portion of only one parcel. Commissioner Fletcher said that he would forego his amendment to the motion. Commissioner Fletcher amended the original motion by Commissioner Hill to include Exhibits A and B and the stub out revert to the property owners and include Exhibits C & 0 if helpful. The vote being: Ayes: Collins, Fletcher Noes: Edwards, Hill, Hart [Per the Charter, it requires four votes to take action on an item - the motion did not pass.] Commissioner Hill moved to recommend approval of the request for private gates and private streets for Shalimar as recommended by Staff. Chairman Hart seconded the motion and amended the motion to include a statement that the stub out would revert back to the Planning & Zoning Commission Minutes - July 24, 2000 Page 9 of 11 homeowners. The vote being: Ayes: Collins, Fletcher, Hill, Hart Noes: Edwards 5. A Revised Preliminary Plan for Clairmont, requested by Warren E. Hagan, 50.385 acres located on the north side of McDonwell School Road in the 700-1000 block. Case P-00-055 Barry LeBaron presented the case to the Commission. He told them that City Council approved the original preliminary plan with a stub out to the north. He said that the developer added a cul- de-sac and changed the number of lots from 81 to 85. He said that the developer is planning to include a request for gates and is requesting a variance of 20' side yards on some corner lots. He said that staff does not feel that it is a problem because the visibility is not compromised. Mr. LeBaron explained about the proposed 36' width of concrete with a 56' wide right of way and the cul-de-sac width and lengths requirements may change in four to six weeks. He said that all other cities surveyed allowed 50' right of ways. Fire Chief Johnson spoke about the requirements needed for response of emergency vehicles. He said that they have done surveys of the surrounding cities and South lake allows 1,000 feet cul- de-sac lengths, but all others have a 600' cul-de-sac length. He said that the additional five feet of paving is required for operational use of apparatus. He said that past approval is no reason to continue approving smaller paving widths. Commissioner Edwards asked about the possible interference with the fencing requirements on the lots with 20' side yards. Staff responded that they would not. She spoke about other gated subdivisions. She asked Mr. LeBaron if a gated community increases homeowners' protection from crime. He responded that he did not have the statistics to answer that question. The Chairman asked Linda Baker to address them regarding the revised plat. She said that gates would be a plus as the property is situated across from the former 9 Acres property and is in close proximity to Precinct Line Road. She said that they will add to the sense of community for the subdivision with all of the lots being in the Keller I.S.D. She said that this is an improved plat and the stub out to the north was not needed. She said that the development will enhance the area. Warren Hagan, representing Ken & Paul Yazhari as their engineer, said that he will request the gated community with the final plat. He showed plans for the entranceway design. He discussed the size of the medium and the placement of gates 90' back from the main road with stacking capabilities for 10 cars. He said that this new layout is an improvement on the original design as it makes better use of the lots at the northwest section and creates better layouts on the courts. He discussed the reduction in the street right-of-way on cul-de-sac- streets. Commissioner Fletcher questioned staff's recommendation of denial. Staff responded because of the cul-de-sac widths and the need to support the fire chief. He said that staff may be able to approve the request at a future date if the requirements are changed. Planning & Zoning Commission Minutes - July 24, 2000 Page 10 of 11 Fire Chief Johnson said that the narrower streets limit fire fighters ability to respond and provide protection. Commissioner Edwards said that 36' feet of paving may be the better choice for the City of Colleyville no matter what other cities require. . Chairman Hart moved to approve the plat with the cul-de-sac right of ways being 36' as required by the ordinance, the 20' side yard set backs on corner lots and the street to the north eliminated as presented by the plat. Commissioner Edwards seconded the motion. Commissioner Hill asked if they could include a statement that the subdivision is to have private gates. Commissioner Fletcher said that he doesn't think that the Commission should encourage gated communities. Commissioner Hill said that if they did not acknowledge the proposed gates, they should request access to the north. Staff said that the applicant has not applied for private streets. Chairman Hart called for the vote. The vote being: Ayes: Collins, Fletcher, Hart Noes: Edwards, Hill [Per the Charter, it requires four votes to take action on an item - the motion did not pass.] Ken Yazhari, owners, stated that they made the changes in order to accommodate private gates. Commissioner Hill moved to approve the preliminary plat with the stipulation that the applicant will apply for private streets and the cul-de-sac right of ways being 36' as required by the ordinance, the 20' side yard set backs on corner lots and the street access to the north removed. Chairman Hart seconded the motion. Commissioner Fletcher said that private gates were germane to the issue. Chairman Hart called for the vote. The vote being: Ayes: Hill Noes: Edwards, Collins, Fletcher, Hart Chairman Hart moved to approve the plat with the cul-de-sac right of ways being 36' as required by the ordinance, the 20' side yard set backs on corner lots and the street to the north eliminated as presented by the plat. Commissioner Fletcher seconded the motion. The vote being: Planning & Zoning Commission Minutes - July 24, 2000 Page 11 of 11 Ayes: Collins, Fletcher, Hill, Hart Noes: Edwards 6. TABLED ITEM - An amendment to Chapter 3 of the Colleyville Land Development Code regarding temporary buildings used for construction offices. Case Z-00-042 This item was not removed from the table for discussion. 7. Citizens' comments: Drawings were passed out by Ruth Heidel. 8. Staff comments, reports and discussion items: There were none. 9. Commissioners' comments and reports: There were none. ADJOURNMENT: Chairman Hart moved to adjourn the meeting at 10:45 p.m. Commissioner Fletcher seconded the motion. The motion passed by acclamation. Respectfully Submitted, J Levy lanning & Zoning Assistant Approved on: August 14, 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.