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HomeMy WebLinkAboutPlanning and Zoning Commission-Minutes-6/12/2000 Planning & Zoning Commission Minutes - June 12, 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 June 12, 2000. Roll Call: Present: Rob Rutherford, Luann Edwards, William Tyler, Mike Collins, Jim Fletcher, Bryan Hill, Tom Hart Clayton Husband, Tom Niederauer, Mike Soab, Jan Levy Staff: Invocation: Commissioner Tyler Approval of Minutes: May 22, 2000 Commissioner Collins moved to approve the minutes of May 22"d meeting as corrected. (Item #4 - 1st condition was reworded.) Commissioner Fletcher seconded the motion. The vote being: Ayes: Rutherford, Edwards, Tyler, Collins, Fletcher, Hill Noes: None Abstentions: Hart 1. A Combination Plat for Lot 1, Block 1, Montclair Estate, requested by Kenneth & Shirley Haney, 0.711 acres located at the southwest corner of Hall Johnson Rd. and Montclair Drive. Case P-00-039 Clayton Husband presented the case to the Commission. Following discussion, Chairman Hart moved to approve the plat subject to a shorter building line along Montclair Drive and a condition that funds would be escrowed for the future construction of a sidewalk. Commissioner Rutherford seconded the motion. The vote being: Ayes: Rutherford, Edwards, Tyler, Collins, Fletcher, Hill, Hart Noes: None 2. PUBLIC HEARING - A Combination Plat for Lots 1 & 2, Block 1, Markwood Add'n, being a replat of the H. R. Wilson Add'n, requested by Staci & Brian Markwood, 2.157 acres located at 6212 L. D. Lockett Rd. Case P-00-035 Tom Niederauer presented the case to the Commission. He stated that the surveyor needs to add an additional 7 %' of right of way dedication on L. D. Lockett Road and redraw the front building line after the dedication. Questions arose by Commissioner Edwards regarding the width of the larger lot at the street and the appearance of a flag lot. Mr. Niederauer informed the Commission that the plat meets the technical requirements and does not qualify as a flag lot. Chairman Hart opened the public hearing. There being no one present wishing to speak, the public hearing was closed. Commissioner Fletcher moved to approve the plat subject to the additional right-of-way being dedicated. Commissioner Hill seconded the motion. The vote being: Planning & Zoning Commission Minutes - June 12, 2000 Page 2 of 13 Ayes: Rutherford, Tyler, Collins, Fletcher, Hill, Hart Noes: Edwards 3. A Final Plat for Winding Creek Addition, requested by Sepehr Parnian, P.E., PCC Consulting Engineers, Inc., for Lanny Wilkinson, 8.789 acres located on the west side of Colleyville Blvd. in the 6400-6500 block. Case P-00-036 Clayton Husband presented the case to the Commission. Chairman Hart asked questions about the DRC comments and Mr. Husband informed him that the comments have been addressed. Chairman Hart thanked the applicant for his patience with the process. Commissioner Fletcher moved to approve the final plat. Commissioner Edwards seconded the motion. The vote being: Ayes: Rutherford, Edwards, Tyler, Collins, Fletcher, Hill, Hart Noes: None 4. TABLED ITEM - A Zoning Change requested by Burk Collins, from CC3, PUD-C, CN & R20 to PUD-C (planned unit development-commercial) with a SUP for alcoholic beverage sales on 15.856 acres located between Cheek Sparger Rd., Felps Drive, Acuff Lane & Colleyville Blvd. - Colleyville Commons. Case Z-00-027 Commissioner Edwards moved to remove the case from the table. Commissioner Rutherford seconded the motion. The vote being: Ayes: Rutherford, Edwards, Tyler, Collins, Fletcher, Hill, Hart Noes: None Clayton Husband presented the case to the Commission. Chairman Hart asked questions about lots 12, 13, and 14 being removed from the request; the placement of a wall; and the entrance to the pond area. Bill Stimmel thanked the Commission for the additional time for them to present a compromise plan that still allows for economic feasibility. He presented an overhead of the Masterplan and how their proposal fits it. He told that twelve different property owners were involved. Mr. Stimmel spoke about Burk Collins Corporation's strength in building retail areas with anchor stores. He told about the meetings they held with surrounding homeowners' associations. He said that they reviewed each component of the list of objections and made changes to the site plan. Mr. Stimmel spoke about: 1) the absence of office showrooms; 2) eliminating two entrances on Cheek Sparger; 3) constructing a park which provides a more appealing view from area residents; 4) the construction of an entrance barrier on Cheek Sparger that restricts the height of vehicles entering on Cheek Sparger; and 5) the Cheek Sparger entrance being off-set from San Bar Lane. Mike Lloyd, traffic engineer, Kimley Horn & Associates, presented a traffic study and told how they collected the information, projected trips, distribute projected trips, and evaluated study Planning & Zoning Commission Minutes - June 12, 2000 Page 3 of 13 intersections. He presented overheads and discussed: Proposed Development, Proposed Access, Projected Trip Generation, Projected Cheek Sparger Driveway Volumes, and a Conclusion. Commissioner Fletcher asked questions about a gas station generating less trips than a convenience market and gave Tom Thumb as an example. Mike Lloyd told the Commission that the formulas were taken from a manual that is used in the industry. The Commissioners asked questions regarding the study in relationship to the current construction on Cheek Sparger. Mr. Stimmel spoke about a brick and masonry fence with a cost of $100,000 to screen the retail center. He said that the grocery store would be constructed out of a brick product and they would use arches and canopies and will meet or exceed the City Design Code. He said that there would be trees planted throughout the parking area. Elizabeth Morris, Insight Research Corp., 9441 LBJ Freeway, Suite 618, Dallas, Texas, presented an overview of the economic study. She said that $7.2 million taxable income would be generated over a 9 year period. She responded to Commissioner Fletcher's question that the customers for the center would generally come within a three mile radius. Bill Stimmel spoke to the Commission about the concerns by citizens regarding the issue of increased crimes. He said that Chief Young said that any new store will have an increase in shoplifting and bad checks but will quickly return to normal industry levels. He said that Chief Young said that increased crimes against people are not provable. Mr. Stimmel responded to questions by the Commission and said that $18 per foot for rent will limit tenants to strong credit retailers. He said that there would be no lube shops or video arcades. He said that they will limit alcoholic beverage sales to the grocery store and anyon-site restaurants. Nee Garcia, Wal-Mart Community Representative, 2001 S. E. 10th Street, Bentonville Arkansas spoke about the history of Wal-Mart in giving back to the communities. He said that they rank in the top five in corporate giving and they allow the stores in neighborhoods to give back to local projects. They allow customers to save money locally. Questions arose by the Commission regarding the profitability of other markets. Bill Stimmel commented on the negative comments made by citizens about people who shop at Wal-Mart. He said that he went to two other Wal-Marts and asked people about their professions and talked about the kinds of vehicles in the parking lots. He said that most everyone in the audience has probably shopped at Wal-Mart and negative comments are uncalled for. Commissioner Fletcher asked questions about semi truck traffic routes and the number of 18 wheel trucks per day. Mr. Stimmel responded that the semi traffic would enter mainly off Colleyville Blvd. and possibly exit on Acuff and there would probably be two large trucks daily. Planning & Zoning Commission Minutes - June 12, 2000 Page 4 of 13 Commissioner Rutherford asked questions about the proposed hours and the lighting. Mr. Stimmel said that the Wal-Mart Market would be open 24 hours per day and they would require downward lighting. Commissioner Tyler asked questions about the meetings with the area homeowners. Mr. Stimmel said that they sent notice to Saddlebrook, Bridlewood, Woodbriar and two residents on Felps Court. He spoke about the height of the brick wall and the future dedication of the parkland. Chairman Hart thanked Mr. Stimmel for his assistance in working with the Commission and the citizens. The other Commissioners also expressed thanks. Mike Soab addressed the Commission regarding the economic effect this project would have on the City. The Commission discussed whether or not to re-open the public hearing. They said that people will have and opportunity to be heard two times before the City Council. Commissioner Edwards said that she wanted public input regarding the new site plan. Chairman Hart moved to re-open the public hearing and limit each speaker to two minutes and asked them to only comment on the new plan. Commissioner Edwards seconded the motion. The vote being: Ayes: Rutherford, Edwards, Tyler, Collins, Fletcher, Hill, Hart Noes: None Those present wishing to speak were: Curtis McKeown, 4105 Felps Lane, said that he was involved with closing Burrus in Colleyville. He said that the Food Lion in the area is also gone and within 2 miles a Minyards and a Target super center will be opening. He said that Affiliated has declared bankruptcy and this store will need $226,000 in business to break even. Barbara Reynolds, Woodbriar Court, said that she avoids Cheek Sparger and has concerns about the curve being very dangerous and is not designed for commercial traffic. Joann Gasper, 4103 Paddington Lane, said that Bridlewood Estates did not receive the notice of the meeting with the developer until this morning. Steve Knight, 3917 Felps Court, expressed concerns about traffic, crime, lighting, and neighborhood preservation. He said that neighborhood preservation needs to be put on an agenda for discussion. He expressed concerns about an anti-citizen undertone. Olivia Locker spoke in favor of the request. Elizabeth, 3709 Cliffwood Drive, said that she wants all entrances eliminated on Cheek Sparger, and spoke about sidewalk size and safety. Planning & Zoning Commission Minutes - June 12, 2000 Page 5 of 13 Virginia Garrett, 128 Cheek Sparger, stated her position and said that she wants to sell her property and move one. She said that she has had three medical emergencies and is needing to sell her property. She said that she is in favor of the project. Jeffrey Clark, 115 W. Green Briar Lane, said that he would like Wal-Mart to agree in writing to not use Cheek Sparger. He expressed concerns about 18 wheeler traffic coming from the Bedford store to the Colleyville store. Eric Greer, 4001 Felps Drive, said that he has lived in the area for 46 years and he is for it. He said that Wal-Mart should start building. R. H. Reynolds, 413 Woodbriar Court, said that this is a hard project in a hard space and if it were a Tom Thumb or a Kroger, it would create the same problems. He said that he has concerns about drinking and driving and there should be some arrangement to eliminate traffic between stores and the rear entry should be closed. He spoke about the affect on property values. John Dees, 7200 Maranatha Court, spoke in favor. He said that the Wal-Mart project will help economically stabilize the southern area of the city. He said that Burk Collins is a resident of Colleyville and is working with the Commission and citizens to do a good project. Dick Dugan, 3704 Rosebriar Lane, said that the Wal-Mart does not belong here. He said that the Chevron will reopen and there will be four gas stations in the area. He said that brick veneer is like the Payless and brick veneer is not brick, it is a brick look-a-like. He said that brick regulations need to be written into the PUD. He said that Payless is going bankrupt and asked what the City will do with that building. He said that there is a traffic hazard with too many gas stations in one location. Rich Munson, 1905 Hall Johnson Road, expressed concerns about preserving neighborhoods, and said that the City is getting along pretty well without more development and the development needs to be the right kind. He said that he wants something that has a significant buffer between all commercial and all residential areas. Linda Baker, 404 W. McDonwell School Road, said that she knows Burk Collins and he is as good as his word. She said that if he said he is going to do something, that is how it will be. She said that people need to look around and Highway 26 is beginning to get the Haltom City look. She said that the pictures of the proposed Wal-Mart resemble the proposed fabulous City Hall that the citizens have paid $435,000 to have designed. She said that the Wal-Mart has the same brick and will be an asset to the community and this is a start. Paul Denney, 200 Cheek Sparger Road, said that he appreciates the presentation by Burk Collins and it is probably the greatest thing going. He said that his property is for sale, but he doesn't think that Johnny Come Lately needs to come down to City Hall and dictate to the property owners who want to sell their land. He said that it is their own personal right to sell and they live in America not Communist China and the propaganda that is going around is like Chicken Little. He Planning & Zoning Commission Minutes - June 12, 2000 Page 6 of 13 said that he appreciates the effort that is being put forth to develop the area and it far out beats what is there now. Curtis Burns, 120 Cheek Sparger, said that she has lived there since 1977 and at her age she cannot care for the property. She said that because of the road they have found themselves in a Catch 22 and they should be entitled to sell their land at a fair market price and not have to give it away. Erlene Wilkes, 132 Acuff Lane, said that four out of seven homes will face the development. She said that she is not selling and she expressed concerns about 18 wheelers arriving two times a day. She said that she is not opposed to commercial and Colleyville needs it. She said that they would rather look at a commercial development than apartments or garden homes proposed by the developer as a possibility on the lots not incorporated into the plan. Amehd McKyle, 4100 Bridlewood Ct., said that he works as a pharmacist at Eckerds and was not informed, but discussed with customers. He said that only one customer is in favor of the project and everyone else has expressed concerns. Ed Burns, 120 Cheek Sparger, said that when he first moved to Colleyville all of the mail boxes were on the south side of Cheek Sparger and they could walk across the street to go and get the mail and stand in the middle of the road to read the mail and not worry about being runned down. He said that he came to meetings when Payless wanted to locate at the corner and the residents from Woodbriar Estates complained about too much traffic, too much light, and devaluation of property values. He said that 20 years later, the values of property in Woodbriar have increased. He said that Tara and the houses across the street increased the traffic and they have not objected to the people moving to the area. He said that this is an opportunity for him to move out and better himself and live like the people in Wood briar Estates. He said that when Woodbriar Estates was proposed, the current residents on Cheek Sparger did not call the television stations and form a caravan to City Hall. He said that as Texans, they opened their arms to the new developments. Joe Moore, 133 Acuff Lane, said that he is betwixt and between. He said that he and his wife and two children are in the middle of the lots being left out of the project. He said that he has concerns about truck deliveries at 1 a.m. and 5 a.m. because of the noise. He said that they may have to stay where they are at, and with the proposed project, it will help the area. He said that they would be able to walk to a park and they will be able to stay where they are to allow their children attend local schools. He said that they do support the request. Peggy Denney, 200 Cheek Sparger Road, said that she appreciates Burk Collins and appreciates living in Colleyville. She said that she has lived in the area for 40 years and moved to Cheek Sparger 35 years ago. She said that she has never seen a Wal-Mart go bankrupt. She said that she has had young boys living with them who have worked for Wal-Mart and the managers help young men and will be a great asset to the community. She said that they are in poor health and want to sell their property. She said that her husband has been criticized for taking a stand and she doesn't understand the meanness of the residents who have written negative things against Planning & Zoning Commission Minutes - June 12, 2000 Page 7 of 13 them. She said that she is in favor of the site plan and it looks good. Roy Compress, 111 Greenbriar, said that he lives on the corner of San Bar and Greenbriar and is afraid for his son to ride his bike. He expressed concerns about traffic on Greenbriar cutting through San Bar to get to Wal-Mart. John Ballard, 6340 Cantu Road, Grand Prairie, said that he is 77 years old and built his home 45 years ago and wants to sell his property. He said that maybe if he can sell, he can build a home like the people complaining as he now lives in a trailer house because he hasn't been able to sell his property. He said that he is a commander in the American Legion and Wal-Mart helps the communities they are located in and have donated money to build a World War II memorial. He said that it will be good for the citizens and the community. Linda Carbinari, 4104 Wellington, spoke against the project. She said that she is against taking residential land and turning it into commercial. She said that she is opposed to any entrance on Cheek Sparger. She said that their neighborhood had an increase in traffic when Cheek Sparger was closed and this project will increase the traffic through her neighborhood. She said that property values would be affected. Jerry Park, 83 Crown Park, Willow Park, TX, said that he is a commercial real estate broker representing Judith Wells, 125 Acuff Lane, and it is his goal to sell her property. He spoke in favor of the project and how the sale of the property will benefit others. Rich Ullerly, 123 Cheek Sparger, said that he is across from lots 18 and 19 and he is against the project, but he feels that it will probably be developed. He said that he wanted a fence built as high as possible to block out noise and light and he does not want an entrance on Cheek Sparger. Charles Primer, 207 W. Green Briar Lane, said that he has concerns about the flow of traffic cutting down Greek Briar and San Bar. He wanted to know if anyone has looked at: A. closing off the one entry on Cheek Sparger, or B. doing something is his neighborhood to cut out the cut- through traffic and decrease its speed. He said that 90% of the homes have children under 6 years old. Dana Feldman, City Council Place 3, said that she is going to use this opportunity to direct some questions back to Mr. Collins. She said that she wanted to know if the buildings would be brick or brick masonry. She said that she has questions about the gas pumps that are being put in the front of the project. She said she wanted to know about the profit margins since zero tax dollars are generated for the City from gasoline sales, and with the location of the Chevron property, it looks like there are two gas stations side-by-side with underground storage tanks. She said that the opening on Cheek Sparger has an over-bridge over it which is supposedly to stop trucks, and she asked if there is something in the proposals to generate it so that the traffic that enters is coming from westbound and exiting traffic goes out toward Cheek Sparger. She said that there is something about a letter from Benbrook about a Wal-Mart closing the store there. She also asked the Commission to think about the timing of deliveries as they are making the decision. Planning & Zoning Commission Minutes - June 12, 2000 Page 8 of 13 Davey Coulson, 109 Quail Run, spoke in opposition. He said that he moved to the area to live in a quiet community and he doesn't see that the project is doing anything to maintain that lifestyle. He said that all the developer has done to appease the citizens, doesn't change the project. He said that he went to a Wal-Mart at 11 :00 p.m. and they were cutting the lawn and power washing the driveway since they had plenty of lights. He said that he does not begrudge anyone from trying to sell their property, but he is looking for a nice quiet place to raise his children as well. Michael Dees, 4940 Lakewood Drive, said that he backs up to the canal in Lakewood Estates and he faces Albertson's. He said that he looks at the lights and parking lot at night and the street lights affect the area more than the lights in the shopping center. He said that he didn't know any other commercial developer that would be nice enough to put in a park for the neighbors and he is in favor of the project. Mark Johnson, 3716 San Bar Lane, urged the Commission to take a look at the traffic that the entrance on Cheek Sparger would produce. He read ''The City of Colleyville Vision Statement, Item #3", and asked the Commission to consider the Vision Statement when casting their vote. Sue Jackson, 123 Felps Court, stated concerns regarding traffic and said that the survey was not an accurate one since it was conducted when school was out. She said that they moved here five years ago because they liked the small community and did not see much commercial. She asked, "What's to stop somebody else from rezoning the other side of Cheek Sparger?" She asked, "Where is big brother, because he sure is taking over the other side?" Jane Clark, 115 W. Greenbriar, asked about the entrance offset from San Bar and raised concerns about the cut through traffic on Greenbriar Lane. She wanted the entrance on Cheek Sparger to be eliminated. She said that they have 13 houses with children under the age of 8 on W. Greenbriar. There being no one else present wishing to speak, the public hearing was closed. Commissioner Tyler said that when he mentioned the possibility of a movie theater earlier, he did not mean another Tinsel Town. He said that when he was younger, he would go to a single movie theater in a shopping area with a cafe or book store alongside the theater. He said that the nostalgic look may not work today. Bill Stimmel spoke regarding the offset of the entrance from San Bar. He said that there is some leeway with moving the Cheek Sparger entrance a few feet either way. He said that it would not be offset enough to travel 100' from San Bar to make the entrance, because they don't have that capability. He said that they will make every effort to have some kind of offset so that it is not a direct shot off San Bar. He said that the entrance is on the part of Cheek Sparger that is already widened. Mr. Stimmel addressed the comments about the red ribbons on the tree. He said that they were tagged for the wetlands study. He said that in no way were those trees marked for removal. He Planning & Zoning Commission Minutes - June 12, 2000 Page 9 of 13 said that portions are restricted by wetlands and they will compensate for development through funding or construction of wetlands somewhere else. He said that the wetlands area makes the 4 acre parcel less desirable. Mr. Stimmel responded to the comments about 18 wheelers on Cheek Sparger. He said that they were told by Wal-Mart that there would be a total of 2 per 24 hour period as far as delivery and they don't know where they would come from. He said that there is a possibility they would travel on Cheek Sparger Road and Wal-Mart said that they probably would not share a delivery system with the Bedford store since the Colleyville store is for groceries in a neighborhood market. He said that he did not know if the City can bar them from using Cheek Sparger. There was discussion by staff and Commission about possibly restricting hours of delivery times. Mr. D. J. Garman, 3720 Oakbriar Lane, from the audience, stated that according to City Code, there are two streets in Colleyville designated as truck streets, one is Highway 26 and one is Cheek Sparger. Any other truck that is over 12,500 pounds is not allowed in neighborhoods without a bill of lading. Mr. Stimmel responded to the comments regarding construction materials. He said that the building would be constructed of real brick. In regard to the fence height, he said that they will construct an eight foot fence. He said that the sidewalk would comply with City requirements and could include a bike path if required. Staff said that issue would be addressed during the platting process. Mr. Stimmel said that he was not aware of a Wal-Mart market was closed in Benbrook. He said that he believed that the underground storage tanks had been removed on the corner gas station. He said that they were told that the Chevron's stage one environmental report was clean. He said that the inference that Burk Collins' friend was going to purchase the Chevron is false and outrageous. He said that the Chevron is a lease property and they normally remove the tanks at the end of the lease. He said that they tried to contact the Bridlewood Homeowners' Association and they sent a letter of record to the president and they are not trying to let anyone out. The traffic engineer responded to the comments about the count. He said that the time frames that are generally affected are the morning when people are taking children to school but he did not know as to what degree that would be. During the p.m. peak hour, which is generally the peak hour for commercial, school traffic does not affect that count. He said that he believed that the traffic would still be within acceptable standards. Commissioner Edwards said that the height in the archway needs to be included in the ordinance and a note about the 8' brick fence around the parkland area and include all of the pictures as attachments. She also suggested that the maintenance of the parkland be included. Commissioner Hill recommended that the facade of the building needs to be added to the ordinance. Commissioner Edwards stated that she is very pleased with the changes that have been made by the developer. She said that she is uncomfortable with removing all of the entrances off Cheek Sparger. She said that even though the City seems to be doing very well financially at this point in time because of still having a large volume of residential construction, when build-out occurs, the City will discover whether or not the commercial uses will support the City. She said that she appreciated the comments that this development will be a great Planning & Zoning Commission Minutes - June 12, 2000 Page 10 of 13 improvement to this end of the town. Commissioner Hill said that he agreed and he thanked Mr. Stimmel and his group for a very good project that were responsive to the citizens concerns. Commissioner Fletcher said that he would be opposed to eliminating the entrance on Cheek Sparger because it will serve the people that are east of the City. He said that he does not see it to be a major problem, even though it will have some impact on the traffic, and it is unfortunate that neighborhoods are affected by through traffic as is his neighborhood. He said that he lives in a neighborhood next to Colleyville Middle School. Commissioner Edwards moved to recommend the zoning change with the following specifications: 1) all graphics showing facades, site plan, and park layout to be included; 2) a note on the plat regarding the archway over the Cheek Sparger entrance; and 3) a note regarding the eight foot brick fence as opposed to masonry will be included. Commissioner Rutherford seconded the motion. Commissioner Edwards made a recommendation that City Council may want to investigate the hours of delivery. She said that the nuisance ordinance should take care of the truck issue. The vote being: Ayes: Rutherford, Edwards, Tyler, Collins, Fletcher, Hill, Hart Noes: None 5. TABLED ITEM - A Preliminary Plan for Glenwood, requested by David Bagwell, 110 acres located on the north side of McDonwell School Road. Case P-00-022 Commissioner Fletcher moved to remove the item from the table. Commissioner Collins seconded the motion. The vote being: Ayes: Rutherford, Edwards, Tyler, Collins, Fletcher, Hill, Hart Noes: None Clayton Husband presented the case to the Commission. He said that at the last meeting the primary issue had to do with the interpretation of the cul-de-sac right-of-way and Mr. Bagwell did respond in writing. He gave staff's interpretation and when applied to Glenwood, there is only one area, the north end of Sierra Spring Lane, not in compliance. He said that the Commission has the authority to allow what they desire. He said that Glenwood is similar to Westmont other than Westmont zoning included a preliminary plan. He said that because Glenwood was so large, it did not include a preliminary plan with the zoning. He said that the only reason for the recommendation of denial, was because of the noncompliance of the cul-de-sac with the subdivision regulations. Planning & Zoning Commission Minutes - June 12, 2000 Page 11 of 13 David Bagwell was present to represent the case. He made the comparisons of the Westmont zoning ordinance and the Glenwood zoning ordinance and pointed out the similarities. He answered the question by Commissioner Edwards about street right of way. He said that the pavement width will be as wide as Oakbrook Hills and Westmont with 31' of pavement inside of 50' of right-of-way and the bubble at the end is 81' to allow the standard 9% I all the way around within the 100' of right-of-way. Discussion ensued about the width of the actual street. Mr. Bagwell read the statement regarding pavement width from the PUD-R ordinance for Glenwood. Commissioner Fletcher raised concerns about the lack of connections of the two neighborhood areas. Commissioner Fletcher said that he believed that there is a solution and this plan adds more traffic onto McDonwell School Road. Commissioner Hill moved to approve the preliminary plan subject to: 1) The water line matter being addressed; 2) The requested variance for side yard setbacks of 15' on corner lots that backup to each other is accepted; 3) A street turnaround at the school location is required; and 4) The cul-de-sac right-of-way variance is accepted. Commissioner Collins seconded the motion. The vote being: Ayes: Rutherford, Edwards, Tyler, Collins, Hill, Hart Noes: Fletcher 6. PUBLIC HEARING - A Zoning Change from R40 to PUD-C, requested by Kipp Whitman, 6.335 acres located at the southeast corner of Lavaca Trail and Precinct Line Road. Case Z- 00-037 Clayton Husband presented the case to the Commission. Doug Henderson, 3602 Lake Champlain, Arlington, Texas, was present to represent the case. He said that the project will be a village retail development and they can accept conditions 3, 4, 5, and 6 of staff's recommendation, but conditions 1, and 2 present problems. He said that CC2 was intended for parcels larger than 5 acres and this parcel meets the intent. He said that he is recommending a 30 point design score requirement in lieu of other requirements. He said that the design points will be in keeping with previous requests and they know that the project must look nice to sell the rest of the site. Chairman Hart opened the public hearing. There being no one present wishing to speak, the public hearing was closed. Kipp Whitman was also present to represent the case. He said that CC-2 offers him more flexibility to market the project. Questions were raised about the kinds of businesses he plans. He responded that there will be offices to the back and that will attract restaurants to the front. Planning & Zoning Commission Minutes - June 12, 2000 Page 12 of 13 Discussion ensued about the design standards and Mr. Whitman said that he will tie the canopy design to the design of the building and not permit a flat surface canopy. Commissioner Collins moved to recommend approval of the zoning change request with the following conditions: 1) The uses allowed in the PUD-C will require a design score of 35 points 2) The convenience store with gasoline sales shall provide a canopy that is non flat and is constructed out of brick, stone, or stucco to match the design standards of the main building and will have recessed lights with no horizontal glare; 3) A photinia hedge along the southern property line and approval of a 20'foot building line with the proposed screening in lieu of the landscape buffer requirement; 4) Approval of a 20-foot setback line along Lavaca Trail; 5) Approval of a joint access easement in lieu of Lots 4-8 providing frontage on a public street; and 6) Allow the submittal of a drainage study with the final plat application. Commissioner Rutherford seconded the motion. The vote being: Ayes: Rutherford, Edwards, Tyler, Collins, Fletcher, Hill, Hart Noes: None 7. PUBLIC HEARING - A Zoning Change from R20 to CC1, requested by Tom Miller, The Miller Company, 0.38-acre located at 5004 Thompson Terrace. Case Z-00-038 Clayton Husband presented the case to the Commission. Chairman Hart opened the public hearing. There being no one present wishing to speak, the public hearing was closed. Following discussion, Commissioner Edwards moved to recommend approval of the zoning change. Commissioner Collins seconded the motion. The vote being: Ayes: Rutherford, Edwards, Tyler, Collins, Fletcher, Hill, Hart Noes: None 8. TABLED ITEM - An amendment to the Zoning Ordinance regarding the requirements for accessory buildings on residential lots. Case Z-00-023 This item was not taken off the table for discussion. 9. Citizens' comments: There were none. 10. Staff comments, reports and discussion items: There were none. 11. Commissioners' comments and reports: There were none. Planning & Zoning Commission Minutes - June 12, 2000 Page 13 of 13 ADJOURNMENT: Commissioner Rutherford moved to adjourn the meeting at 11 :30 p.m. Commissioner Hill seconded the motion. The motion passed by acclamation. Respectfully Submitted, J evy Planning & Zoning Assistant Approved on: June 26, 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.