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HomeMy WebLinkAboutPlanning and Zoning Commission-Minutes-7/10/2000 Planning & Zoning Commission Minutes - July 10, 2000 Page 1 of 13 The regular meeting of the Planning and Zoning Commission was called to order by Chairman Hart at 7:00 P.M. on July 10, 2000. Roll Call: Present: Rob Rutherford, Luann Edwards, William Tyler, Mike Collins, Jim Fletcher, Tom Hart Bryan Hill Barry LeBaron, Tom Niederauer, Jan Levy Absent: Staff: Invocation: The invocation was given by Commissioner Collins. Approval of Minutes: June 26, 2000 Commissioner Edwards moved to approve the minutes as corrected (typographical error in item #1, and add "moved to" in the motion of item #2). Commissioner Rutherford seconded the motion. The vote being: Ayes: Rutherford, Edwards, Tyler, Fletcher, Hart Noes: None Abstained: Collins 1. TABLED ITEM - An amendment to Chapter 3 of the Colleyville Land Development Code regarding temporary buildings used for construction offices. Case Z-00-042 The Commission did not remove this item from the table. No action was taken. 2. An Amended Plat for Lot 15R, Block 1, Thompson Terraces, being a replat of Lots 15 & 16, Block 1, requested by Tom Miller, The Miller Company, located at 5004 Thompson Terrace. Case P-00-048 Tom Niederauer presented the case to the Commission. Commissioner Edwards moved to approve the amended plat. Commissioner Fletcher seconded the motion. The vote being: Ayes: Rutherford, Edwards, Tyler, Collins, Fletcher, Hart Noes: None 3. A Final Plat for Madison Place, requested by Walter A. Elliot, Jr., P.E. for Derek DeGuire, 7.398 acres located on the north side of West Glade Road in the 400 block. Case P-00-049 Tom Niederauer presented the case to the Commission. He told them that the City of Colleyville and the City of Hurst are trying to resolve the split city boundary lines on several lots within the subdivision. He told them that the front building lines on the lots in the cul-de-sac on at the bend on Austin Street are 20' which is less than the 25' requirement in the PUD. He said that the response from the developer's engineer is that due to the radius of the cul-de-sac, the tangent line Planning & Zoning Commission Minutes - July 10, 2000 Page 2 of 13 from any point along the twenty foot setback, will average out far above the normal twenty-five foot on parallel lot lines. Tom told them that Lot 2, Block 2 is slightly undersized and the surveyor has agreed to make the necessary lot line adjustment to meet the minimum requirement. Discussion ensued by the Commission about the negotiations with the City of Hurst regarding adjusting the city limit line. Barry LeBaron updated them about the process and the status of the discussions. Commissioner Edwards asked if the plat is approved and the City of Hurst does not accept the boundary adjustment, would the Commissioners need to reconsider another plat. Mr. LeBaron responded that they would. He said that they were comfortable with the discussions with the City of Hurst and consequently placed this item on the agenda for their approval. However, they received a different proposal from the City of Hurst on the morning of the meeting. He said that he recommends that the Commission takes action on this plat and staff will not schedule the plat for City Council until they agree with Hurst about the boundary lines. Commissioner Fletcher asked if there were sidewalks in front of the development. Mr. LeBaron responded that there will be an extra wide sidewalk in front of the development that will transition into the existing sidewalk. Discussion ensued about the possibility of tabling the case. Because of the statutes regarding the time frame for approving a plat, it was recommended that the Commission take action. Mr. LeBaron said that when an agreement over the city boundary line is reached with the City of Hurst, this plat would go on to Councilor if needed, a different plat would come before the Commission for their approval. Commissioner Fletcher said that there needs to be a clear division of boundaries to help with emergency response. Commissioner Rutherford moved to approve the final plat subject to the enlargement of Lot 8, Block 2. Commissioner Collins seconded the motion. The vote being: Ayes: Rutherford, Edwards, Tyler, Collins, Fletcher, Hart Noes: None 4. PUBLIC HEARING - A Zoning Change requested by Blankson Asiama, from AG to R20 (single family residential, min. lot size 20,000 s.f.) on 1.35 acres located at 3203 Glade Road - south side of road. Case Z-00-051 Barry LeBaron presented the case to the Commission. He explained the applicant's request to eventually subdivide the property into two lots. He told them that staff told the applicant that all lots need to front on a public street and Mr. Asiama would have to construct a public street into the property and provide the necessary water lines, sewer lines and fire hydrants to serve the two lots. He said that staff is concerned that when a blister or a cul-de-sac is provided to access the eastern lot, there may not be enough buildable area for two lots. Commissioner Edwards asked about the minimum requirements for an approved road. Mr. LeBaron responded that if it were a public road, you would want 50' of right of way and the Planning & Zoning Commission Minutes - July 10, 2000 Page 3 of 13 applicant only has 41' and he cannot create any additional land. He said that the road would be constructed with narrow parkways along each side of the pavement in order to accommodate public access. Commissioner Edwards said that she believed the cost of constructing a public road would make it cost prohibitive to subdivide the property into R20 lots. Commissioner Edwards said that even if the lot remained one lot it is a flag lot behind an existing structure. Mr. LeBaron said that it is existing and the applicant is not creating the flag lot. Mr. LeBaron said that staff felt that they owed the applicant the courtesy to advise him that they do not believe that the property can ultimately be divided, however R20 is consistent with other properties in the neighborhood. Chairman Hart opened the public hearing. Those present wishing to speak were: Steve Young, an electrical systems engineer and member of Sonset Baptist Fellowship Church that currently owns the two lots adjacent to the zoning change. He said that the church is working with an architect to construct a multi-purpose facility on the property setback approximately 50' from Glade Road. He explained the topography of the property. He said that the dwellings on the property behind the church will not have visible frontage of Glade Road, that they will be looking at the back of the church building. Chairman Hart thanked the church for sending the informational letter to the Commission to inform them of their future plans for their property. Mark Pappas, 4806 Shadywood Lane, stated concerns that if access is given for emergency response, two lots may not meet the requirements for R20 zoning. He said that R40 would be a more appropriate zoning category. There being no one else present wishing to speak, the public hearing was closed. Commissioner Fletcher stated that he recommended taking action on the case as an R40 zoning category to prevent the applicant from subdividing the property in the future. Chairman Hart asked if the applicant was present. He was not. Commissioner Fletcher said that the applicant will be very disappointed when he cannot develop the property into two lots as is preliminarily represented on the zoning exhibit. Discussion ensued about the property being a lot of record and they would have to allow the development for one lot. Commissioner Edwards said that even with the AG category, someone could put a single dwelling on the lot and meet the setbacks as it currently is configured. She said that she did not believe that the Commission could improve the lot. Commissioner Fletcher moved to recommend denial of the zoning change. Commissioner Edwards seconded the motion. The vote being: Ayes: Rutherford, Edwards, Tyler, Collins, Fletcher, Hart Noes: None Planning & Zoning Commission Minutes - July 10, 2000 Page 4 of 13 5. PUBLIC HEARING - 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 Barry LeBaron presented the case to the Commission. He said that the property is currently owned by Bluebonnet Hills Cemetery, is zoned AG, and David Bagwell is the applicant. He said that it is 52.6 acres and the applicant has submitted a subdivision configuration, but is not tied down to that configuration, with approximately 87 single family lots. Chairman Hart opened the public hearing. Those present wishing to speak were: Rich Munson, 1905 Hall Johnson Road, said that even though the exhibit shows two entrances onto Hall Johnson, the developer needs to provide an entrance at the north end of the subdivision at Sanders and Wyatt. He said that it is unfair to expect the people on Hall Johnson Road, even though it is being widened to a striped three lane road as opposed to a striped four lane road, to dump all the traffic onto Hall Johnson Road. He asked if the Commission knows if Bluebonnet Hills has applied for an agricultural exemption on their property or is it off the tax rolls as a cemetery. He said that if it has an agricultural exemption, they will owe back taxes and if it is cemetery, there is no state law regarding taxes. He said that it is of utmost importance that the subdivision has a north exit. Brenda Grogan, 6100 Highland Hills Lane, asked the Commission to require a retainer wall or trees to divide the two subdivisions for privacy. She said that she and her husband met with Bluebonnet Cemetery prior to purchasing their home and remodeling it based on raw land being behind them. She said that they looked at a lot of other subdivisions before adding the economic value to their current home by remodeling. She said that her whole house is based on a west view and now this subdivision will be behind them. She said that nobody is more proactive development in Colleyville than her husband and her. She said she believes that the subdivision will be built, but she is asking the Commission to respect the people who already bought and live in the community, and ask David Bagwell to be accountable to the residents on Highland Hills Lane. She said that she does not believe that a retainer wall and trees would be out of line. Scott Yostus, 6300 Wyatt Drive, said that he moved to Colleyville three weeks ago. He showed on the overhead the location of his property in relation to the project. He said that he is bordered by both Sanders and Wyatt Drive. He said that he did his due diligence before purchasing the property. He said that development is good for the tax base in Colleyville and has seen David Bagwell's communities. He said that when he spoke to people in the City engineering department and Bluebonnet Hills the first part of June, and even Bluebonnet Hills last week and they did not know about the future subdivision of the property. He said that the first notice he received was from the previous property owner last Saturday. He said that Sanders and Wyatt Drive are undeveloped gravel roads and Hall Johnson is a major thoroughfare. He said that if the subdivision was going to happen, he wanted full consideration given to the state of Sanders and Wyatt Drive. He said that the information given by the City and Bluebonnet Hills to allow an exit at the north end of the subdivision or construction vehicles to enter from Wyatt Drive. He said that he would like a fence separating his property from the Bluebonnet Hills property if developed. Planning & Zoning Commission Minutes - July 10, 2000 Page 5 of 13 Skip Kinch, 6202 Highland Hills Lane, said that he has lived there for 5 % years and bought his property based upon discussions with Bluebonnet Hills that the property behind his house is cemetery property and would remain a cemetery. He said that he paid a premium for the lot and he is hopeful that the Commission will reject the zoning change request. Ruth Heidel, 1712 Gatehouse Court, said that she is also an eternal optimist and is requesting that the Commission turn down the zoning change request. She said that she received the notice of public hearing ten days ago and believed what was sent to her in the mail. She said that now the exhibit is different and the developer is proposing two exits onto Hall Johnson and the western exit will be directly across from her lot. She said that she too chose this particular location because she had a dream that it would be quiet living next to a cemetery. She said that she had been asking her realtor for years to help her find a spot near a cemetery. Ms. Heidel said that she tried to purchase a home or property on Highland Hills Lane because she desperately wanted to be in a place where she did not have neighbors right on top of her. She said that in the last week she has lost $10,000 to $20,000 of her property because the expansion of Hall Johnson Road has ripped out 3 or 4 enormous trees. She said that she no longer has shade on her lot, she may lose the view of the cemetery, and the peace and quiet. She said that what she will see instead will be a bunch of houses with the traffic dumping right into her back yard. She said that when she moved to Colleyville a couple of years ago, she did not expect Hall Johnson to be widened during the time she still lived in Colleyville. She asked the Commission to not approve the zoning change req uest. Kirk Rogers, 2001 Reynolds Drive, said that the back of his lot sits on the north end of the proposed development. He said that he moved to Colleyville five years ago and has enjoyed the view of the cemetery and a year ago spent $6,000 tearing down his 8' fence and replacing it with a 5' picket fence. He said that he paid a premium price for his lot because of the view and does not want a house behind him and he asked the Commission to turn down the request. Jim Jolley, 6200 Highland Hills Lane, and this is the third home that they have had that is next to a cemetery because it is quiet and has a good view. He said that they designed their house to have an upper deck so that they can enjoy the view and they want the request to be denied. He said that the City installed a drainage system on theirs and 3 other lots for Bluebonnet Hills. He said that the City is supposed to keep it clean and when Ed Baker was no longer the mayor, the drain system has not been cleaned for 4 % years. They don't appreciate that the City does not take care of what they should, but they do appreciate the view they have. Tona Reynolds, 6108 Highland Hills Lane, said that she and her boyfriend bought their property 2 % years ago and they were told by the seller, a neighbor, Carolyn Bridges, and their real estate agent, Linda Peterson, that there would never be anything built on the cemetery. She said that she was told Colleyville is a great place to live and she has been disappointed for the last 2 % years. She said that she would like some help now and is begging the Commission to deny the request as they are very upset. Ms. Reynolds said that they have put in a very expensive pool and the only thing that is upstairs is their master bedroom. She said that they have a huge covered patio that is like a tree house. She said that the view is beautiful and they can watch the Planning & Zoning Commission Minutes - July 10, 2000 Page 6 of 13 sunset and enjoy the peaceful atmosphere. She said that they have the best of both worlds by living on the edge of the city but it is like country. Ms. Reynolds said that she feels that she has been lied to and treated awful since she has lived here. Dr. Steve Apaliski, 2003 Reynolds Drive, and he and his wife live directly adjacent to the north. He said that they are not anti-development. He said that he has concerns that they were promised by their builder and the people at Bluebonnet Hills Cemetery that the property would only be cemetery and graves may be near their home in 75 years. He said that they never expected the property to be developed for houses. He asked the Commission to deny the request. He said that he does not want to see the smaller roads to the north be opened for traffic because there is a tremendous difference in the small roads and the major thoroughfare of Hall Johnson. Scott Yostus, said that he would like to expand on his earlier comments. He said that he would petition the Commission that the case is denied. He said that his wife is very upset that there could be change to the cemetery property because she has seen a rainbow end-to-end over the cemetery property. He said that if the Commission denies the case, they would not need to be concerned about the kind of access that could be proposed to the north. Marge Angers, 6104 Highland Hills Lane, said that she and her family purchased their home 5 % years ago because of the cemetery. She said that when they did the background check, they were told that Bluebonnet Hills is a perpetual care cemetery and the money is placed in a trust fund so that the property will always be taken care of. And for that reason, they bought where they did. She said that she is concerned that their property value will decrease even though David Bagwell puts in big houses. She said that she doesn't understand how he can put $300,000 to $400,000 homes in an area that backs up to the recreation area on Hwy. 26. She said that she is concerned about the tax being placed on the infrastructure with 90 additional houses. She said that it will put a strain on the police and fire departments. She said that there is a special drainage area and most houses that back up to it are higher than the cemetery property. She said that if the developer raises his houses higher than theirs, they will have drainage problems. She said that the best thing the Commission could do is deny the case, but if they don't, they need to put restrictions on David Bagwell to ensure their property values don't go down. Jim Jolley, asked questions about the proposed plat and what kind of changes the developer can make to the subdivision layout. Mace German, 6006 Highland Hills Lane, said that he was promised that there would be no future development on the cemetery property. He said that there is a small area of wetland on the property. Rich Munson, spoke to the future drainage, and stated that he has had 3" of water in his garage because of the drainage patterns created by his friend the developer of Montclair Pare and he would not let it happen again. He asked what the blank area is on the exhibit on Hall Johnson Rd. Planning & Zoning Commission Minutes - July 10, 2000 Page 7 of 13 Don Leaman, 5808 Highland Hills Lane, and have lived there for 1 year. He said that he talked to the cemetery and was told that the property would never develop. He asked questions about the rezoning process and what would happen next. Chairman Hart and Commissioner Edwards explained the process. Brenda Grogan, asked questions about the process. She asked if the sale of the property has already been sold or is it contingent on the rezoning. She said that she wants to be clear to the Commission and she did not state her opinions as clearly as she should, but she is very against the rezoning and wants the Commission to vote against it. She said that it is disrespectful to the current owners and Mr. Bagwell should go somewhere else to develop. She said that if he does develop the property, he will make enough money and should respect their privacy by planting trees and building a retaining wall. Ed Baker, 6106 Highland Hills Lane, "the new corridor for two lanes and dirt roads", said that he would like to say a few words about David Bagwell as he has not had a chance to defend himself yet. He said that he is probably one of the ethical, finest builders in northeast Tarrant County. He said that he is speaking on behalf of his wife who is unable to attend the meeting. He said that Mrs. Baker is adamantly opposed to the request, but he felt that there could be some compromise and good governing bodies come forth with compromise. He told the Commission that they also need to listen to the citizens, being the majority not the minority which seems to be the trend here lately. He challenged the Commission to table the case so that they may bring two things to the table. He said that they need to find out about the cleanup of the property as the runoff into the drainage ditch is abominable. He said that Mr. Jolley is correct and the City has not done its job. Mr. Baker said that the other thing that needs to be considered, for the record, is that Mr. & Mrs. Grogan have spent a lot of money constructing a fence that opens up so that they can see the trees and shrubs at the cemetery. He said that he knows they went to Bluebonnet Hills and got an opinion as had many of the other folks. He said that the citizens need to be given the opportunity to investigate the cemetery's position. He said that if he had to have someone building in his back yard it would be someone of the quality of David Bagwell. Ronnie McPherson, 1806 Sanders Lane, he said that he also has a property that backs up to the request. He said that when he bought the property, the Master Plan showed Sanders Lane to be commercial. He said that the City is big on commercial along Hwy. 26 and Mr. Sauers has a commercial deal going there now. He said that the Master Plan shows commercial retail on Sanders Lane now. He said that with this proposed development, future homeowners will be opposed to commercial development. He said that the cemetery is a perfect buffer so that the City can have commercial development on Sanders. Keith Neal, 2000 Reynolds, said that there is a message being sent to the community, especially now that Hall Johnson will be two lanes with a turning lane, and yet there is a consideration to build 87 homes and it doesn't make sense. He said that it was his understanding from the City that Wyatt Drive was supposed to be completely shut down. He said that if the Commission listens tonight, they will hear a total resounding against the zoning change and he is right there with the opposition. He said that he doesn't understand why they could be for the change with the change of policy on Hall Johnson and why Wyatt Drive is still open. Planning & Zoning Commission Minutes - July 10, 2000 Page 8 of 13 Rick Powell, 2101 Reynolds, said that he does not back up to the project so his concerns are a little different. He said that his number one concern is about buying a premium lot and paying a lot of money to have it and then turning around and having the premium lot taken away. He says that if the subdivision was going to be built, he could see the appeal that the people would have to live at the end of a cul-de-sac rather than on a through street. He said that if the street was opened up, it will create a race track though the subdivision and those lots will become less appealing. He said that he is also a business man and sees the appeal to the City to put in 87 new half million homes and the revenue that would be created makes him think that this request is not going to be denied. He said that he believes that the Commission needs to take into consideration that the citizens bought their property because of the aesthetic appeal of the view. He said that even though he does not have a view he lives in an area where a lot of construction vehicles will enter the subdivision and there will possibly be an increase in traffic and that affects his children and that affects him a lot. Skip Kinch, 6202 Highland Hills Lane, said that his neighbors are in Belgium and could not be at the meeting. He said that when he spoke to them, the Keelands at 6204 Highland Hills Lane, they are very opposed. Tona Reynolds, 6108 Highland Hills Lanes, said that she forgot to the Commission that she is also representing her boyfriend, Dave Baucum, and he is away on business and requested that she state his opposition. She said that she felt it was dishonest to be notified a week prior to the public hearing and her Homeowners Association newsletter had a blurb about the possible rezoning in the newsletter. She said that she wondered if they hoped people would not be present so that the case could just slide by. Chairman Hart and Commissioner Fletcher explained the notification process. Mace German, 6006 Highland Hills Lane, said that he is also requesting the Commission to table the case since the information has come about recently and they had little time to prepare a contingency plan. Scott Yostus, said again that he tried to do his due diligence and spoke with a City engineer in early June and was told that he was not aware of any proposed construction in the area. He talked to the director of Bluebonnet Hills last week and was told that he did not know why surveyors would be walking on Mr. Yostus' property. He said that even as recent as the middle of last week, he was told by Bluebonnet Hills that they didn't know what was going on. He said that he tried to get information but not much information was shared in the process. Commissioner Rutherford responded by saying that Bluebonnet Hills is owned by a large corporation and many times some things are kept at a higher level. Chairman Hart said that is one reason the Commission is having the meeting tonight. David Bagwell, applicant, was present to represent the case. He said that he first learned about the property by a real estate broker. He said that the changed economics about dying because people are living longer and more people are being cremated and owner of Bluebonnet Hills is selling property around the country. He said that he would not take up for Bluebonnet Hills, but Planning & Zoning Commission Minutes - July 10, 2000 Page 9 of 13 he noticed that no one is saying that David Bagwell has misrepresented anything to them. He said that he doesn't want to be the goat, but he is willing to buy the property and that may make him the goat. He said that the only reason anyone could be angry with him is that he is a real estate developer who is willing to buy property and build in their town and do a pretty subdivision on the land. Mr. Bagwell said that under the laws of the State of Texas a person or corporation has the ability to sell their property and get it zoned for a use that is allowed in the community. He said that if he is incorrect, then they need to re-examine it. He said that if it is allowed, then the approving body needs to look at what to approve based on what is on their books in respects to land use. He said that he is asking for R20 which is the category that is used in the neighboring developments. He said that the premise is, "Is this an appropriate zoning category for this piece of property, if so why, if not why." He said that his request is because the community is basically an R20 community. He said that the R20 zoning is economically feasible for him. He said that those people who make a living by selling for more than they paid, they can appreciate his position. Mr. Bagwell said that if the community decides that a residential use is appropriate for this property, then the question is, is R20 inappropriate. He said that if it is determined to be inappropriate, he wants the reasons why. He said that if he has the opportunity to develop the property, it will be a very nice development and he will leave it to the Commission's wisdom. He said that he does not own the property. Skip Kinch, 6202 Highland Hills Lane, asked if anyone has determined if the cemetery can legally sell the property due to the restrictions on the cemetery and use of cemetery land? Mr. LeBaron said that he was not aware of any restrictions since this is a public corporation and is in private ownership. Commissioner Edwards said that the cemetery on Brown Trail presented problems because of existing graves in area, it becomes next to impossible to sell. Chairman Hart said that is not the case here. Rich Munson, said that he lives opposite the current fire station. He said that railroads and cemeteries are the most powerful groups of land owners in the state of Texas. He said that if Bluebonnet Hills wanted, they could condemn all of Highland Meadows to use as cemetery property. He said that Bluebonnet has a corporate responsibility, but if the property is off the tax rolls and not paying taxes, he doesn't know why they would want to get rid of it. He said that the cemetery should be there forever. Mr. Munson said that if they have participated in a tax exempt status, it is a gross case of public mistrust. He said that he did not know for a fact if they pay taxes on the property. He said that former Mayor Baker's comments are good ones and the corporation needs to be investigated. Chairman Hart closed the public hearing. Commissioner Collins, asked Mr. Bagwell to address the concerns about buffers. Mr. Bagwell said that it would not be in their plans to have a buffer. He said that the economics of buying and developing the land don't permit it. He said that the price they will pay for the land is higher than any other land they have purchased in Colleyville at about 20% higher. Planning & Zoning Commission Minutes - July 10, 2000 Page 10 of 13 Commissioner Edwards said that she realized that the plan is conceptual and asked Mr. Bagwell how close it is to the plan he wants to develop. He responded that there are two elements to the plan that works for them. He said that there is no other way to layout the subdivision than with a main street in the center, and he is proposing to not run the street through. He said that the City's Master Plan calls for Sanders Lane to connect to Wyatt to the north and he does not want to create a thoroughfare in the subdivision to the north. He said that he has given thought to the subdivision code and has two accesses and the correct number of lots on a cul-de-sac. He said that one of the opportunities for the land without lots is to sell it to the community for a future fire station. He said that another possibility would be to forest the property and landscape it. Commissioner Edwards said that one of her biggest problems is with the long straight street because of the problems with Highland Hills Lane that mirrors this proposed street. She said that it creates traffic problems and wanted to know if Mr. Bagwell had another design that did not include a long straight street. He responded that the new Land Development Code makes it difficult to comply with the design standards. He said that to cut through traffic is with two exits on Hall Johnson and it may not be the best design to turn the road as it would be potentially artificial. Commissioner Edwards said that with two exits onto Hall Johnson Road, the numbers may take the calculations to require four lanes. He said that the potential development was made known to the community when they were discussing Hall Johnson Road. He said that they were required for some sort of concept that complies with the zoning and it is not in its final design. Commissioner Edwards asked if Mr. Bagwell was aware of the drainage problems on the property because it slopes very gradually that it makes is not highly visible. Mr. Bagwell responded that he would need to either retain the drainage on site or it has to go into a facility that is sized properly to handle it. He said that he will either do one or the other. Commissioner Rutherford asked Mr. Bagwell if he would consider doing a park within the subdivision. He responded that most of us conduct business in the same way. He said that like constructing automobiles, some people make one variety and some people make another variety and the supplies all cost the same. He said that his company chooses to produce as high-end of a product as possible in Colleyville and he is seeking to do it on this project. He said that they are faced with the standards of the community, the cost of the land, and the market place to sell the houses, there is not room to do anything beyond an R20 on the property. He said that the land to the east was not developed with a park. Commissioner Edwards said that she is surprised to be looking at this proposal because she has never heard of a cemetery selling property. She said that because of the special circumstances she does not think that R20 is appropriate. She said that complaints are normal for any new development, but they are pretty well founded because the property has always been a cemetery. She said that with R20 the Commission loses control. Chairman Hart asked Mr. Bagwell how this parcel of property fits into the Master Plan. Mr. Bagwell said that he meant to speak to the varieties of zoning in the area. After looking at the map in the Council chambers, he said that it is shown as institutional. Commissioner Edwards said that she believes that it means that the land is taken off the expectations for tax purposes. Planning & Zoning Commission Minutes - July 10, 2000 Page 11 of 13 She said that they knew it was never going to be considered for tax purposes because it has been a cemetery for so long. Commissioner Edwards asked staff if right of way exists on Sanders Lane or Wyatt Drive. She said that a major concern is not providing access to other areas. She said that she does not want a cut through, but for the residents who live in the neighborhood, they deserve to have good connections in the direction they are going. She requested that staff look into the option. She asked if staff knew anything about future plans for a fire station. Fire Chief Mike Johnson responded that the new station on McDonwell School Road is a substation and within 3 to 5 years the city will need a new central station and it will need to be much bigger than the one they currently have. He said that they currently have % of an acre and they need about 3 acres. He said that they have looked at several different areas to see if they could relocate and if they had known that the property was for sale, they would have tried to acquire more land. He said that the analysis requires a station in this location within a % mile proximity to maintain the response times needed for the high school to the east or to the north for Ross Downs or to the south. Chairman Hart said that Mr. Bagwell has probably known that the property may change longer than the Commission has known. He asked Mr. Bagwell if he has heard that someone from Bluebonnet Hills is approaching Bob Moore so they can buy property along Hwy. 26. Mr. Bagwell responded that he did not hear that rumor. Commissioner Edwards said that an institutional use on Highway 26 would not be appropriate because that is the city's prime source for commercial property. Commissioner Edwards said that she had a list of concerns, like the Sanders, Wyatt rights of way, the Hall Johnson connections and four lane potential because of the impact of this development, drainage concerns, the long straight street. She said that she understands that this is a zoning case and most of the concerns are plat issues. Mr. Bagwell said that he appreciates those perspectives. Commissioner Edwards said that the city lost the possibility of a great connection within the city because of the impact of those citizens who live on the long street. She stated that even though Mr. Bagwell indicated that a PUD-R is not a possibility, she believes that a PUD-R would allow them to do things in relation to the existing homeowners and may help to alleviate their situation. Mr. Bagwell responded that they are entitled to ask for R20 and they know that R20 works on the property and he is unaware that people were told by Bluebonnet Hills that views could be counted on, but they will not submit a PUD-R for reasons that have to do with economics rather than being good neighbors. He said that he gets up in the morning with the wish of trying to be a good neighbor, but the things that go on with a PUD-R are a greater burden than an R20. He said that if they are entitled to ask for a zoning category the same as the property to the east, that is what they are asking for. He said that after studying all of the aspects of a PUD-R on this property, it would not work and if he thought it is viable, he would have done it. He reminded the Commission that they have done a number of PUD's in the community. Commissioner Fletcher said that most comments by the citizens were not different from other cases they have had. He said that it is not infrequent that they hear about buying a certain piece Planning & Zoning Commission Minutes - July 10, 2000 Page 12 of 13 of property because of the view, and in fact that view is not guaranteed to anybody. He said that it may be a perceived benefit of the lot, but the fact is the vacant lot does not belong to the person with the view and when it is developed it belongs to someone else. He said that the new owner has the right to develop the land. He said that it bothers him that any reasonable person would have the belief that the cemetery would never be developed, unlike other projects they have seen before. He said that typically people on the perimeter pay a lower price because of being adjacent to potential commercial uses. He said but in this case being a cemetery, most reasonable people would think that the cemetery would be there forever. He said that he really sympathizes with the people speaking tonight and understands their frustration. He said that there needs to be a cooling off period to allow them to think about it. Chairman Hart says that he has a tendency to agree and he has concerns that the property is listed on the Master Plan as institutional and set aside not as commercial or residential. Commissioner Rutherford said that he has concerns about lack of buffer or park yet he understands Mr. Bagwell's economic concerns. He said that he agrees with former Mayor Baker's opinion that a compromise is in order and maybe a cooling off period would help. He said that he appreciates everyone's concerns. Commissioner Edwards said that she is not opposed to tabling the case, because even if Mr. Bagwell does not develop the property, someone else will. She said that they never know what will happen from one meeting to the next. Commissioner Tyler said that he is a short timer and he did not have an opinion at this point. Commissioner Collins said that he thinks that Mr. Bagwell has every right to request the zoning change as he has, but he is extremely surprised to see what was a cemetery being turned into 80 some lots. He said that perhaps some compromise or more information will come forth at the next meeting to help his become less surprised. Commissioner Edwards moved to table the case. Commissioner Rutherford seconded the motion. The vote being: Ayes: Rutherford, Edwards, Collins, Fletcher, Hart Noes: Tyler Mr. LeBaron told that Commission that while they were conducting the public hearing, staff researched that Restland of Dallas, Inc. is the current owner of the property. He said that in response to the question about AG property and owing back taxes, that just because the own AG property, it does not entitle them to an agricultural exemption of taxes. He said that they need to meet the county criteria in order to qualify and staff does not believe that they are getting an agricultural exemption. He said that they are only zoned AG. Mr. LeBaron said that according to the tax records, some of the parcels are exempt under a non profit status and some that are Planning & Zoning Commission Minutes - July 10, 2000 Page 13 of 13 not being used are on the tax rolls. He said that one tract that a portion of is included in the zoning change request is exempt. 6. Citizens' comments: There were none. 7. Staff comments, reports and discussion items: Mr. LeBaron told the Commission that staff is waiting on a response by the Coptic church if they are willing to seek some other type of zoning request since an error on the zoning map was identified. Jan Levy said that an error on the zoning map was identified and since the request was from a specific category and now results in a different premise for a change, the Commission's action is negated. Jan Levy explained that the Commissioners whose terms expire September 2000 will need to submit a new application for appointment and the Chairman requested that applications be distributed at the meeting. 8. Commissioners' comments and reports: Commissioner Edwards said that a new Highway 26 is forming. ADJOU RN M ENT: Chairman Hart moved to adjourn the meeting at 9:15 p.m. Commissioner Rutherford seconded the motion. The motion passed by acclamation. Respectfully Submitted, evy Planning & Zoning Assistant Approved on: July 24, 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.