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
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Minutes - July 10, 2000
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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
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Minutes - July 10, 2000
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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
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Minutes - July 10, 2000
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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.
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Minutes - July 10, 2000
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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
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Minutes - July 10, 2000
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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.
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Minutes - July 10, 2000
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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.
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Minutes - July 10, 2000
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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
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Minutes - July 10, 2000
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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.
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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.
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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
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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
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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.