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HomeMy WebLinkAboutPlanning and Zoning Commission-Minutes-1/24/2000 (2) Planning & Zoning Commission Minutes - January 24, 2000 Page 1 of 9 The regular meeting of the Planning and Zoning Commission was called to order by Chairman Hart at 7:20 P.M. on January 24,2000. (The meeting was delayed due to the prior meeting by the Impact Fee Advisory Committee.) Roll Call: Present: Rob Rutherford, Luann Edwards, William Tyler, Jim Fletcher, Bryan Hill, Mike Collins, Tom Hart Barry LeBaron, Tom Niederauer, Clayton Husband, Jan Levy Staff: Invocation: Commissioner Rutherford Approval of Minutes: January 10, 2000 Commissioner Edwards requested that the word "jokingly" be inserted relating to her comments on item #3, page 9. Commissioner Edwards moved to approve the minutes. Commissioner Tyler seconded the motion. The vote being: Ayes: Rutherford, Edwards, Tyler, Collins, Fletcher, Hill, Hart Noes: None 1. Revised Combination Plat of Lots 1 and 2, Block 1, Greer Addition, requested by Paul Millsap, 1.49 acres located at the southwest corner of Glade Road and Jim Mitchell Trail West. Case P-99-084 Clayton Husband presented the case to the Commission and explained the need for a waiver from the minimum lot size of 20,000 sq. ft. Chairman Hart moved to approve the plat subject to a waiver of the lot area requirement. Commissioner Rutherford seconded the motion. The vote being: Ayes: Rutherford, Edwards, Tyler, Collins, Fletcher, Hill, Hart Noes: None 2. PUBLIC HEARING - A Special Use Permit requested by Paul Kramer, for private horse stables for domestic use in an R-20 zoning district on 2.46 acres located at 4809 Bill Simmons Road. Case S-99-085 Tom Niederauer presented the case to the Commission. He discussed the correspondence received from area property owners. Chairman Hart opened the public hearing. Those present wishing to speak were: Paul Kramer, applicant, said that he purchased the property and there are several barns in the area. He said that he wanted to use the barn for his daughters' horses and maybe a friend's horse. Mr. Kramer said that he tried to locate the barn away from neighbors' houses, yet allow him ample room to locate a large dwelling elsewhere on the property in the future. Planning & Zoning Commission Minutes - January 24, 2000 Page 2 of 9 Commissioner Hill asked Mr. Kramer about the size of the barn he is proposing. Mr. Kramer said that he wanted to build a 3-stall barn with a feed room, a wash room and a tack area for a total of approximately 1,200 sq. ft. in size. Mark Lohse, 4900 Patterson said that he had concerns about the placement of the proposed barn because it would be directly due south of their house and odors during the summer could be a problem. Mr.Lohse requested that the Commission restrict the property to only allow 2 horses being permanently housed. He said that Mr. Kramer has cleared approximately 6" of top soil from the property and it has affected the drainage patterns and would like a retainer wall to be built to prevent further erosion. Mr. Lohse said that they do not have horses on their property. Linda Vincent, 4811 Patterson Lane said that she lives directly across from the property and will view the back side of the lot. The back side of his lot becomes the front of their lot and this is why she requested restrictions on the special use permit. She said that the other property owners that have barns and horses have been a part of the neighborhood eighteen years prior to the area becoming residential. She said that no one is living in the home on the property and it is not Mr. Kramer's permanent residence, but this is her permanent residence and she wants to protect her property values. She said that they want the permit void upon sale of the property because people are requesting to board their horses on the properties that have barns and she is concerned that this would become a business rather than be used for personal use. She requested that the Commissioners consider the issues that they have identified in their letter. Chairman Hart asked Linda Vincent how long she has lived on Patterson Lane and she told him 18-years. He asked he what she had been looking at from the front of their property and she said that she has never seen a horse across the street from them. She said that Mr. Kramer upgraded the fence and there have not been any other improvements that they could see. She said that the grass had been maintained better prior to now because the seeding Mr. Kramer has done did not grow because of the hot weather. She said that all the improvements on the property have been done on the Bill Simmons side rather than the Patterson side. There being no one else present wishing to speak, Chairman Hart closed the public hearing. Discussion ensued by the Commission about putting conditions and time limits on special use permits and the difficulty of tracking sale of property rather than placing a time limit on the special use permit. Commissioner Fletcher stated that having livestock in the neighborhoods is a positive thing and improves the quality of life. He said that the banner with the logo has a horse and citizen surveys consistently say that they want the rural atmosphere that livestock provide because of the open space. He said that he believes this request is positive for the City and they have received constructive suggestions from the neighbors rather than a negative response. Commissioner Fletcher recommended to approve the special use permit subject to: 1. Maximum of 3 livestock on the property of any time; 2. Any barn or out-structure is limited to 800 sq. ft. 3. No trailers or livestock equipment stored on the property; 4. There will be an 80 foot minimum setback from Patterson Lane property line and an 80 foot minimum setback from the northern property line; and Planning & Zoning Commission Minutes - January 24, 2000 Page 3 of 9 5. The special use permit will expire when the property is sub-divided into 2 lots or more. Commissioner Collins seconded the motion. Commissioner Tyler said that the 800 sq. ft. size of the barn is too restrictive since the Accessory Building Ordinance allows for a 900 sq. ft. structure and is more than adequate to satisfy the consensus of the neighbors. He said that the applicant stated that he wants to build a larger structure and 800 sq. ft. would be too limiting. Clayton Husband said that unless there are limitations or exceptions placed in the special use permit, the base Accessory Building Ordinance would apply. Commissioner Hill said that he agreed that 800 sq. ft. is too restrictive. Commissioner Edwards said that since the neighbors have been provided a forum for discussion, she was hoping that the Commission would table the case and allow the neighbors to come to a conclusion. She requested that the Chairman ask the applicant if the restrictions are too severe. Chairman Hart asked Mr. Kramer to address the Commission. Mr. Kramer said that he appreciated Commissioner Fletcher trying to find a way for this special use permit to work. He said that he would have to look at the proposal as it relates to the house that he has designed for the property. He said that he probably would not build a barn based on those setbacks because economically the property is so expensive and if he moved the barn over farther, it would prevent him from building a large estate home. He said that he does not want to withdraw his application, but he would like time to look at the proposal and talk to his teenagers. He said the way that he designed the barn, it would be far enough away from the neighbors house and the barn would open up away from his house and is no where near the street. Commissioner Fletcher said that he had no compelling reason to make the distance 80' away from the property lines or 800 sq. ft., but that he was looking for a compromise. Commissioner Rutherford asked the applicant if he could live with 50' as opposed to the 80'. The applicant said that his proposal asks for 60' which is farther away than 50'. Commissioner Hill said that it makes sense to table the case and allow the applicant and neighbors time to discuss options. Commissioner Fletcher asked that the Chairman ask Mrs. Vincent for feedback on the setbacks. Mrs. Vincent said that she is not as affected as the Lohses. Mr. Lohse came forward as stated that he does not want a barn due south of his dwelling. The location to the rear of the property is more critical than the side yard setback. He said that if the barn was located farther away from Patterson Lane it could be closer to the property line. He said that the original barn on the property was located further west. He said that the size of the barn was not as critical as the location of the barn. He said that he is in favor of the horses being on the property as long as it Planning & Zoning Commission Minutes - January 24, 2000 Page 4 of 9 does not negatively affect his property. Commissioner Fletcher Mr. Lohse if he withdrew his motion, could he get together with Mr. Kramer and come to an agreement on the placement of the barn. Mr. Lohse said that they have talked quite a bit prior to the public hearing and he was open to meeting. Barry LeBaron said that if they could meet prior to the next meeting, staff could draft an ordinance with any special conditions. Commissioner Fletcher said that the reason the retaining wall issue was excluded was that it was a private issue and not one to be considered by the Commission. Mr. Kramer said that moving the barn further back on the problem would be less of a problem than restricting the size. He said that when he did the calculations for the number of stalls and the tack room, he roughly estimated up to 14,000 sq. ft., and he will have to rework the plan. He said he had no problem with tabling the case. Mary McCuistion, 4905 Bill Simmons Rd., said that she lives directly north of Mr. Kramer's property on the Bill Simmons side and she has not problem with moving the barn further back. She said that her biggest concern is the number of horses allowed. Chairman Hart asked Mr. Kramer if he would be able to move the barn further west. Mr. Kramer said that he would need to look at the plans. Commissioner Fletcher said that he wanted to amend the restrictions in #2 to 900 sq. ft. maximum size for the building and delete #4 in reference to setbacks. Commissioner Collins seconded the amended motion. Barry LeBaron said that if the setback limitations were eliminated from the motion, staff would restrict the setbacks to the site plan provided by the applicant. He said that one part of the motion included no storage of trailers and he would like the Commission to discuss or consider the statement that no open storage of trailers because if the trailer was kept inside the barn, it should not be a problem for the neighbors. If the applicant has horses, they would probably bring trailers to the property. Commissioner Fletcher moved to amend his motion by amending the restriction in #3 to no "open storage" of trailers on the property. Mr. Kramer said that he has a very nice horse trailer that could be parked anywhere in Colleyville and he is confused that they don't want him to park a horse trailer and they don't want him to build a big enough barn to put the horse trailer into. He said that if he is restricted to not having a horse trailer and is restricted as to where he can put the barn, he would probably withdraw the application. He said that he has a very nice two horse trailer and is not an open stock trailer. He said that he has no problem to restrict the property to 3 horses, but not allowing a horse trailer and not allowing a barn big enough for 3 horses is too restrictive. When he designed a barn with 3 - 12'x12' stalls, a tack room, a feed room, and a wash rack, it was 15,000 sq. ft. and he may be way off in thinking that this was an appropriate use of the property. Commissioner Edwards said that she believed that the size of the barn Mr. Kramer was requesting was not a problem for the neighbors and the setbacks discussed by the Commission were agreeable, but she felt that they needed time to work out the details. Planning & Zoning Commission Minutes - January 24, 2000 Page 5 of 9 Commissioner Fletcher said that he had no problem withdrawing his motion as some of these issues are best resolved by the neighbors working together. He said that he wanted Mr. Kramer to know that there are concerns from his neighbors and this is a non-conforming use of the property and the Commission has to listen to the neighbors and if he can please the neighbors, he can please the Commission. Commissioner Fletcher withdrew his motion. Commissioner Collins moved to table the item until the next meeting. Commissioner Rutherford seconded the motion. The vote being: Ayes: Rutherford, Edwards, Tyler, Collins, Fletcher, Hill, Hart Noes: None Commissioner Edwards requested that staff meet with Mr. Kramer and advise him of the size requirements in the Accessory Building Ordinance. 3. TABLED ITEM - A Zoning Change requested by John Lynch for Bob Gammon, from R-20 to PUD-R (planned unit development-residential) on 6.810 acres located at 3650 Pool Road. Case Z-99-086. This item was not removed from the table for discussion. 4. TABLED ITEM - A Zoning Change requested by David Cunningham for Faith Christian School, from CC-2, CC-1, CN, & AG to PUD-C (planned unit development-commercial) on 43.891 acres located on the south side of McDonwell School Road near Precinct Line Road. Case Z-99-088 Commissioner Edwards moved to remove the item from the table for discussion. Commissioner Rutherford seconded the motion. The vote being: Ayes: Rutherford, Edwards, Tyler, Collins, Fletcher, Hill, Hart Noes: None David Cunningham was present to represent the case. He read the letter that he submitted to staff on January 24, 2000 that was dated January 21, 2000 and described amendments to the previous exhibits. He explained the changes to the newly proposed conceptual site plan. Commissioner Fletcher moved to reopen the public hearing. Commissioner Edwards seconded the motion. The vote being: Ayes: Rutherford, Edwards, Tyler, Collins, Fletcher, Hill, Hart Noes: None Chairman Hart opened the public hearing. Those present wishing to speak were: Ed Baker, 6106 Highland Hills, said that he was an emeritus member of the Board of Trustees for Faith Christian School and that the school has a positive impact on neighborhoods. He said that the Chamber of Commerce site that 75% of people shopping in Colleyville live outside Colleyville. Planning & Zoning Commission Minutes - January 24, 2000 Page 6 of 9 He said that 2,500 students represent a potential $600,000 spent in Colleyville per year. He said that this school is for the children and they will be the leadership of the future. Joseph Noorlag, 5507 Sycamore, said that he is a member of the Parks and Rec. Board. He said that the City has spent money on game fields and there is a shortage of practice fields in the City. He said that he hopes Faith Christian School will follow the lead and will provide facilities for use by the citizens of Colleyville. He said that open space is a wonderful use of the property and a marvelous entranceway into the City. Butch Ethridge, 404 W. Glade Rd., said that he recently did a study of 150 families and they travel 7.41 miles with 1.655 children, two time per day. He said that the roadways traveled are Precinct Line Road, Davis Blvd., West Glade Road and L. D. Lockett were used occasionally and McDonwell School Road was never used. He said that the school will attract future customers to future commercial development on Precinct Line Road. He said that the school will be a magnet to commercial uses. He said that Faith Christian School has only one product and that is the children and they will be developed in a God centered environment. Mr. Ethridge said that green space is treasured by the citizens and the school needs a space for the children to play and be educated in a safe environment. Joe Mcintosh, 4817 Fairway, said that his family owns property south of the proposed driveway and he is representing his parents. He said that they are disturbed that a new site plan is being offered by the applicant that has a 300' driveway along their property and they have not been given ample opportunity to evaluate the plan and offer comments. He said that the previous case with a barn had more input from the neighbors than this case is allowing. He said that the Commissioners should have more input from the surrounding property owners and they would like more time and the ability to react to the new site plan. The Commission informed Mr. Mcintosh about the nature of the conceptual site plan and told him about the opportunities to relay his concerns to the City Council. He said that he would like the same courtesy as given to the applicant. Commissioner Hill said that he is very concerned that the Commission is dealing with a conceptual site plan that is subject to change at anytime in the process rather than an actual site plan. Commissioner Tyler said that the Commission did not ask for modifications of the site plan, but tabled the case to allow the applicant opportunity to better present what it is they wanted to do and justify their reasons for the use of the property and address the concerns of the Commissioners as they relate to the Master Plan. He said that they were concerned about the loss of the property along Precinct Line Road and the loss of commercial retail space and the traffic on McDonwell School Road and the impact on the citizens in the area, and the applicant addressed these issues. Mr. Mcintosh responded that without allowing them any time to react, the issues were addressed by moving all of the traffic off McDonwell School Road to the back of the property and the only people affected would be anyone backing up to the driveway. Chairman Hart told Mr. Mcintosh that the Commission is an advisory board and makes a recommendation to the City Council and he would have ample opportunity to express his concerns to the Council. Planning & Zoning Commission Minutes - January 24, 2000 Page 7 of 9 Sandy Allen, 208 Millwood Ct., said that her daughter is a student at Faith Christian School and they are thinking about building in Westmont on McDonwell School Road. She said that she would much rather live next to a school than a commercial site. Linda Baker, 404 W. McDonwell School Road, said that it is difficult to speak against neighbors as nice as those associated with the school or if a lightening bolt could strike her if she did. She said that citizens are both blessed and ham-strung by the number of church properties in the city that have been taken off the tax rolls. She said that she needed to remind the Commission and Council that the city does have a lot of things for the children, but the citizens in her area do not have six figure incomes and they are being run out of town by these Christian things. She said that it is hypocritical in a way, the good they do and yet they chase older property owners out of town because of the values in property increasing to overcome the loss of tax revenues. Ms. Baker said that the City needs to review the mandate of the Master Plan. She said that the Mormon Church bought property next to hers and paid an obscene amount for it and this caused her taxes to go up while they won't pay taxes to the City. She said that the Mormon Church told her that they wanted to capture the Southlake residents. Ms. Baker said that last week Faith Christian School said that 60% of the students would come from Colleyville, and tonight the figure was changed to a miniscule amount and she wants to see actual demographics and statistics. She said that the City cannot afford to lose the whole parcel from potential commercial tax rolls and she urged the Commission to remember that they are working for the entire city and the Master Plan is a mandate. She said that they should remember the citizens who have lived in the area and broadly insulted by the eyesore category. She said that all they've had is things stuck out there for years like the Doppler tower, the water tower and they've suffered the worst neglect of any area in the city. She said that now they have a chance with Precinct Line Road to recapture the use and live their lives out in Colleyville and the Commission should look at it from another perspective than the children's. She said that her taxes go up and money is sent to the Keller School District and many can't afford to send their kids to the school that is causing them to be run out of town in order to pay for it. Ed Young, 500 Frontier Court, and said that his family was drawn to Colleyville because of the sense of family the community offered. He said that he is thrilled with the opportunity Faith Christian has to build in the City because it highlights the vision and values of Colleyville. He said that it underscores the sense of community because the future rests on the shoulders of the children and even though it is a non-profit venture, it profits the community. John Sizemore, 5807 N. Ballantrae, said that the number of students taken out of public schools by private schools, will relieve the tax burden. Robert Heinemann, 5804 Meadowhill, said that everyone moved to Colleyville for the same reason and the school increases the attractiveness of the community, not just as it relates to revenues, but as it relates to values. There being no one else present wishing to speak, the public hearing was closed. Commissioner Fletcher said that practice fields would be an attractive addition to the City. He said the when there are opportunities for practice fields that are not near residential property. Planning & Zoning Commission Minutes - January 24, 2000 Page 8 of 9 Commissioner Hill stated concerns about the fluid concept of the site plan, and asked how specific the PUD ordinance can be to address the concerns he has and the concerns of the neighbors. Barry LeBaron replied that the PUD needs to provide for thinks that are very unique and different and cannot be categorized into the all of the existing zoning districts. He said that the PUD is customized as needed based on input from the public. He said that the conceptual site plan generally describes what the applicant is trying to accomplish and if distances and setbacks are an issue, it should be addressed in the ordinance. The applicant would be required to develop the property somewhat in conformance with the site plan. Commissioner Hill said that he agrees this is the first time that they have seen the site plan and there is a need to allow area residents time to review the site plan. He said that he has some concern that the ball fields and practice field are allowed to be used by the City stipulated in the ordinance rather than later on being denied the use. He also said that the changes involving the Precinct Line Road property needs to be tied down in the PUD ordinance. Commissioner Edwards said that she is please with the changes to the potential commercial areas on Precinct Line Road and the school would change the look for the entry into Colleyville in a favorable way. She said that tying down the additional commercial property to the existing commercial in the area is a good idea. Commissioner Edwards said that the sports field use needs to be clearly defined and the open space is a plus for the area. She said that with the two major commercial areas on Hwy. 26 becoming closer to developing, she has lost some of her concerns about this property and she took Commissioner Tyler's remarks to heart and sees the potential of this project and would like to work with the applicant. Commissioner Hill questioned the notification process as the changes relate to neighboring properties. Barry LeBaron said that the school probably has not done soil tests or drainage studies and building locations could need to be changed due to topography. Discussion ensued about the platting and site plan process. Commissioner Fletcher said that the concept brought before the Commission in good faith. He has no problem with their commitment to build something similar to what is presented. Commissioner Edwards questioned potential developer agreements. Commissioner Hill said that there needs to be something more binding than an agreement to agree and the Commission needs to fashion someway to tie down the issues other than a good faith commitment. He said that he would like to allow surrounding property owners more time to digest the plan and comment and he is in favor of tabling the case. Commissioner Rutherford concurred. David Cunningham said that tabling the case creates a problem for them because of the timing involved with the deadline to purchase and close on the land and they would need to amend the their contract and not sure if they could do that. He said that they are not a development for profit and cannot contemplate spending the amount of money it would take to design the project until they own the land, and they can't own the land until they get the zoning change. He said that they still have two public hearings at City Council, go through platting, and then go through detailed site plan approval before anything can be built. The zoning change allows the process to start. William Tyler requested that the Chairman poll the Commission as to what their desire is. Planning & Zoning Commission Minutes - January 24, 2000 Page 9 of 9 Commissioner Hill said that he would like another two weeks to allow everyone to look at the details of the ordinance. Commissioner Fletcher said that after hearing from the applicant, he would move toward a vote. Commissioners Collins, Tyler, Edwards, Rutherford and Hart concurred. Commissioner Edwards moved to recommend approval subject to the newest site plan being attached to the PUD as a conceptual plan and make a recommendation to City Council the comments on the practice fields for use by citizens be considered as a part of the adopting ordinance. Commissioner Rutherford seconded the motion. The vote being" Ayes: Rutherford, Edwards, Tyler, Collins, Fletcher, Hart Noes: Hill 5. Citizens' comments: There were none. 6. Staff comments, reports and discussion items: Barry LeBaron said that he is working on scheduling a training session. 7. Commissioners' comments and reports: Commissioner Edwards said that City Council voted on the impact fee ordinance for sewer and water at a rate of 82% from the Commission's recommendation of 40%. ADJOURNMENT: Commissioner Collins moved to adjourn the meeting at 9:40 p.m. Commissioner Tyler seconded the motion. The motion passed by an "Aye" voice vote. Respectfully Submitted, Approved on: February 14, 2000 as submitted. NOTE: As a matter of public record, an audio recording of the above Planning and Zoning Commission meeting is available upon request. [jh/min/0124pz.min]