HomeMy WebLinkAboutPlanning and Zoning Commission-Minutes-11/8/1999
Planning & Zoning Commission
Minutes - November 8,1999
Page 1 of 8
The regular meeting of the Planning and Zoning Commission was called to order by Chairman
Hart at 1:00 P.M. on November 08, 1999.
Roll Call:
Present:
Luann Edwards, Jim Fletcher, Bryan Hill, Tom Hart [Note:
Mike Collins arrived at 1: 1 0 p.m.]
Rob Rutherford, William Tyler
Barry LeBaron, Tom Niederauer, Clayton Husband, Jan
Hofstrom
Absent:
Staff:
Invocation:
Commissioner Hill
Approval of Minutes:
October 25, 1999
Commissioner Edwards moved to approve the minutes of October 25th as submitted.
Commissioner Fletcher seconded the motion. The vote being:
Ayes: Edwards, Fletcher, Hill, Hart
Noes: None
Chairman Hart decided to hear item #9 first.
9. A request for an appeal of the Tree Mitigation Requirements by Walgreen Drug Store located
on Lot 2R1, Block 1, Brown Trail Commons West Add'n at 4405 Colleyville Blvd. Case T-99-
002
Tom Niederauer presented the case to the Commission saying that this is another request for the
Commission to reconsider their last action on the mitigation request and revise the amount of
money to be paid to the Tree Fund.
Earl Hale was present to represent the case. He said that he believed that the Commission's
request for $10,000 to be paid by the applicant into the Tree Fund was due to their skepticism that
Walgreen's would accomplish the work they said they would. He said that Walgreen's expediently
did all of the replanting they said they would and would now like reconsideration of the $10,000
donation. He said that he had a copy of the policy statement by the City Manager for funds to
replace trees and it is not in the Tree Ordinance.
Commissioner Fletcher asked staff for an interpretation of the Tree Ordinance.
Commissioner Collins asked Earl Hale to specify what was different from the last time he met with
the Commission. Mr. Hale spoke about the expediency of the work done and the legal issue
relating to his belief that the policy statement is not a part of the ordinance.
Commissioner Fletcher moved to deny the request for further mitigation. Commissioner
Collins seconded the motion. The vote being:
Ayes: Edwards, Collins, Fletcher, Hill, Hart
Noes: None
Planning & Zoning Commission
Minutes - November 8,1999
Page 2 of 8
Chairman Hart resumed the chronological order of the agenda items.
1. PUBLIC HEARING - A Replat for Lot 1 R, Block 1, E. A. Smith Add'n, being a replat of Lot 1
requested by Donald Hannah on 1.0016 acres located at 309 Van Oaks Drive. Case P-99-012
Barry LeBaron presented the case to the Commission.
Chairman Hart opened the public hearing. Those present wishing to speak were: Mike Richart,
308 W. Van Oaks, said that he knows of no one in his neighborhood or in the Bettinger
neighborhood that wants Van Oaks to be extended to Remington Park. He said that the cul-de-
sac would be a welcome addition for safety reasons. He said that if future right-of-way was
required on his property, he would be willing to share in donating right-of-way but he would not
be able to pay for his portion of the street to be built.
Mark Plorin, 204 W. Van Oaks, said that he was repeatedly told that Van Oaks would never
connect to Remington Park. He said that he was promised sewer by the City and that has not
happened.
Eric Hanson, 304 W. Van Oaks, said that he has no desire to see Van Oaks to through. He said
that he is opposed to an attempt to shift the turnaround burden on other property owners.
Daniel Lapier, 305 W. Van Oaks, said that there is no room for a road because of the existing
trees and easements and there is no need for a cul-de-sac. He said that the roadway was never
designed to go all the way through to service the end properties.
Mark Plorin said that this proposed lot is the last house to be built on the street and there are only
nine houses on the street. He said that this is not a high traffic area and there only needs to be
a place to turn around not a cul-de-sac.
Mike Richart said that due to the nature of Van Oaks, no one wants the street to go through and
there is currently a suitable turnaround.
Donald Hannah, applicant, said that he has been a resident of Colleyville since 1986. He said
that he is planning on building a 4,200 square foot dwelling that is more suitable to Remington
Park and should face and have access to Remington Park.
Chairman Hart closed the public hearing.
Commissioner Fletcher moved to approve the replat. The motion died for a lack of a
second.
Commissioner Edward moved to deny the replat. Commissioner Hill seconded the motion.
Commissioner Fletcher said that a through street is not an option and if the proposed cul-de-sac
would prevent the street connection, he would be in favor of the replat.
Planning & Zoning Commission
Minutes - November 8,1999
Page 3 of 8
Commissioner Edwards said that she would like to keep the option open for future street
improvements in the area.
Commissioner Collins questioned Staff's recommendation for denial. Barry LeBaron responded
that street and traffic circulation is such an important element, because of so many dead-end
streets in the city. He said that staff is recommending denial because the proposed replat
eliminates any future possibility of linking neighborhoods and streets.
Chairman Hart called for the vote. The vote being:
Ayes: Edwards, Collins, Hill, Hart
Noes: Fletcher
2. An Amended Plat of Lots 24 & 25, Block 1, Shalimar Addition, located at 6908 & 6912
Shalimar Court requested by Sepehr Parnian for Mehrdad Moayedi. Case P-99-013
Tom Niederauer presented the case to the Commission. Chairman Hart moved to approve the
amended plat. Commissioner Edwards seconded the motion. The vote being:
Ayes: Edwards, Collins, Fletcher, Hill, Hart
Noes: None
3. PUBLIC HEARING - A Special Use Permit for a carport requested by Rodney John for Joy
Rodger, to be located at 3601 San Bar. Case S-99-015
Clayton Husband presented the case to the Commission. Chairman Hart opened the public
hearing. Those present wishing to speak were:
Rodney John, applicant, said that he designed the carport to comply with the criteria of the
ordinance.
There being no one else present wishing to speak, the public hearing was closed.
Commissioner Collins moved to recommend approval of the special use permit for a
carport. Commissioner Hill seconded the motion. The vote being:
Ayes: Edwards, Collins, Fletcher, Hill, Hart
Noes: None
4. PUBLIC HEARING - A Zoning Change requested by Akber & Aziz Manji, from AG to R20 on
.89 acres located on the northeast corner of Glade Road & Pool Road. Case Z-99-016
Tom Niederauer 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.
The Commission discussed possible right-of-way dedication for Glade Road and the trail system.
They requested that the applicant be advised of these matters.
Planning & Zoning Commission
Minutes - November 8, 1999
Page 4 of 8
Commissioner Fletcher moved to recommend approval of the zoning change, case Z-99-
076. Commissioner Collins seconded the motion. The vote being:
Ayes: Edwards, Collins, Fletcher, Hill, Hart
Noes: None
5. TABLED ITEM - A Zoning Change requested by Tom Pritchett for Mark Gottfredson, from AG
to PUD-R (planned unit development-residential) on 25.949 acres located at the end of Pebble
Hill Drive and extends to John McCain Road. Case Z-99-011
Clayton Husband presented the case to the Commission. Chairman Hart requested that the
applicant, Mark GoUfredson, address them.
Commissioner Edward asked Mr. Gottfredson if he would consider having the current pathway
around the lake remain and moving the lots back to accommodate the pathway and link the two
neighborhoods. Mr. Gottfredson responded that he is proposing extending the pathway around
10% of the lake and making it the decision of the new owners if they wanted to expand the trail
farther. He said that he has made a good faith effort to respond to the concerns of the neighbors
in Pebble Hill. He said that he will only have 12 homes on the proposed cul-de-sac and will have
additional fire hydrants and is willing to install sprinkler systems in the homes. He said that he will
require shale or other upscale roofing materials and will prohibit wood or composition. Mr.
Gottfredson said that it was never his intent to create dissention in the Pebble Hill neighborhood.
The Commission discussed home sprinkler systems, the trail around the lake and the benefit it
is to both neighborhoods.
Commissioner Collins moved to recommend approval of the zoning change request, Case
Z-99-071 subject to the recommendation that a second access road be included.
Commissioner Fletcher seconded the motion. The vote being:
Ayes: Collins, Fletcher
Noes: Edwards, Hill, Hart
Chairman Hart moved to recommend the approval of the zoning change request, Case Z-99-
071, with a provision that it is mandatory that sprinkler systems be installed in all
dwellings. Commissioner Fletcher seconded the motion.
Commissioner Edwards amended the motion to include a provision that the pathway that
exists around the lake remains and a note is placed on the subsequent plat.
The amendment died for a lack of a sequent.
Chairman Hart called for a vote on the original motion. The vote being:
Ayes: Collins, Fletcher, Hill, Hart
Noes: Edwards
Planning & Zoning Commission
Minutes - November 8,1999
Page 5 of 8
6. PUBLIC HEARING - A Zoning Change requested by David Hannah, from PUD-R for a nursing
home/assisted living center use to PUD-R for single family residential use on 11.958 acres
located on the north side of Glade Road in the 1300 block. Case Z-99-014
Clayton Husband presented the case to the Commission.
Chairman Hart opened the public hearing. Those present wishing to speak were:
Dave Hannah, representing the case. He gave the history of the property and the provisions of
the PUD-R from eleven years ago. He said that he is requesting villa type lots similar to the villa
section in Timarron. He stated his case for why villa lots are desirable since the property is in the
heart of town and adjacent to the town and civic center and within walking distance to shopping
and the proposed Villages of Colleyville. He addressed the amount of open space and he said
that the homes would average $300,000. Dave Hannah said that he is giving up right-of-way for
Glade Road and half of the Riverwalk right-of-way. He explained how this property is located in
the TIF district and will add ad valorem taxes to the city and these taxes can to help develop other
areas in the TIF district. He said that he projects there would be an approximately $200,000
annual contribution to the TIF district.
Chairman Hart discussed the Masterplan and asked Mr. Hannah if he has considered adding
commercial property nearer Glade Road as a part of the development. Mr. Hannah responded
that he has considered that possibility
Commissioner Fletcher said that he agreed with many things in the proposal and saw a market
need for villa housing and said that it would add to the town center. He also stated that the
Council is looking for commercial opportunities.
Steed Huggins, 4101 Behrens Road, said that he fights the battle of the Glade Road traffic daily
and is not in favor of extending commercial farther east on Glade Road. He said that commercial
development needs to remain closer to Highway 26 rather than coming into residential areas. He
said that east/west roadway improvements and development need to be concentrated on Hall
Johnson Road and not Glade Road.
Terrance Grisso, 1205 Glade Road, said that he is not opposed to single family development.
However he is opposed to small lots and high density subdivisions. He said that although he
believes that there is a need for "empty nester housing", it should be kept to a minimum because
it is being built in other cities. He said that Colleyville does not need to look like other cities and
R20 should be the norm.
Commissioner Hill asked the applicant why the nursing home was unsuccessful. Mr. Hannah
responded that his original PUD-R was not developed at the time because of the downturn in the
economy and his request to amend the PUD to allow an Alzheimer assisted center was turned
down by the Council. Commissioner Hill stated concerns that the request only conforms to the
open space requirements of the PUD ordinance and is lacking in all other categories.
There being no one else present wishing to speak, the public hearing was closed.
Planning & Zoning Commission
Minutes - November 8,1999
Page 6 of 8
Chairman Hart said that he attended the thoroughfare meeting a couple of weeks ago and
understands that there are some proposals on Glade Road from Bluebonnet to Village Parkway
and that the Masterplan calls for this property to be commercial. He said that he would like to see
Mr. Hannah bring back a proposal to the Commission that includes some commercial close to
Glade Road with residential behind it.
Commissioner Hill stated that it is evident how the Council feels about commercial development
in the area, however there is a need for this kind of housing in the City. He said that the project
seems to be removed far enough away from Hwy. 26 to be questionable as far as viable
commercial property.
Commissioner Edwards said that higher density residential neighborhoods have been established
in this area already with Lakewood Estates having small lots.
Commissioner Fletcher stated that this project is higher scale and denser than Lakewood Estates
and that is being looked for by the Masterplan. The higher quality is an important aspect of the
proposed project. He said that he still has a problem with the intent of the City Council and the
message they had sent with the denial of the rezoning of the property to the west. He said that
the Commission worked with the developer for many meetings to make significant concessions
to increase setbacks and the aesthetic value of the subdivision and amenities on Riverwalk to
make it an attractive subdivision. He said that he thinks the Council has sent the Commission a
message that they are looking for commercial in this area.
Commissioner Edwards said that she is not prepared to deviate much from the Masterplan or from
the requirements of the PUD ordinance. She stated concerns that the plan only meets the open
space requirement.
Chairman Hart asked the applicant if he would be willing to come back to the Commission with
a proposal that includes some commercial development on Glade Road. Dave Hannah
responded that he would and he stated that he realizes that this is a very sensitive location. He
said that because Riverwalk Drive will be the southern entrance to the Town Center, he has had
conversations with several Council members and he is well aware that there is strong sentiment
that a portion of this project be devoted to some type of commercial or office use. He said that
he would like the opportunity to table the case and bring another proposal to the Commission at
the next meeting. He said that he has looked at the possibility of eliminating eight residential lots
and relocating the first southern entrance off Riverwalk to the north to accommodate to fit some
commercial into the project. The attractive part would be to utilize the visibility along Glade Road
for a commercial or office user and it would buffer the residential from the Glade Road traffic.
Chairman Hart moved to table Case Z-99-074. Commissioner Collins seconded the motion.
The vote being:
Ayes: Edwards, Collins, Fletcher, Hill, Hart
Noes: None
Planning & Zoning Commission
Minutes - November 8,1999
Page 7 of 8
1. TABLED ITEM - A Zoning Change requested by David Bagwell, from R20 to PUD-R (planned
unit development-residential) on 50.424 acres located in the 800-1000 block of McDonwell
School Road, north side of the street; and to consider amending Ordinance 0-99-1153 by
including this property into the Glenwood PUD-R. Case Z-99-063
Commissioner Collins moved to remove the item from the Table. Commissioner Fletcher
seconded the motion. The vote being:
Ayes: Edwards, Collins, Fletcher, Hill, Hart
Noes: None
Barry LeBaron presented the case to the Commission. He discussed the possible connector
street and the recalculation of open space to accommodate the street. He said that the possibility
of the Keller LSD. wanting to build a school on a site within the proposed subdivision, there is a
stronger case as to why a street connection should be looked at. He said that a proposed draft
ordinance that defers lot layout until platting, focuses on the zoning issues rather than platting
issues.
Discussion ensued by the Commission regarding the collector street.
David Bagwell was present to represent the case. He discussed the current need for the collector
street and the change this makes in the way the subdivision will need to be laid-out. He discussed
the need to use more land for the street and the loss of residential lots because of it and the
desire to recalculate the open space by adding the area of the roadway into the calculations. He
discussed the proposed elementary school to be built by the Keller LS.D. Mr. Bagwell talked
about the area of the property that was used for mining.
Commissioner Edwards asked if Mr. Bagwell had an opportunity to review the proposed zoning
change ordinance and asked if he had any concerns. Mr. Bagwell said that some items may need
to be fine-tuned, but he has looked at the ordinance.
Chairman Hart asked about the Keller LSD. boundaries. Mr. Bagwell responded to the question
and he told about meeting with the Superintendent of Schools and his intent to build a school in
Colleyville to service the district.
Commissioner Hill asked staff where is the reference in the ordinance that permits the Keller
LS.D. to build a school. Staff responded that it is not in the draft ordinance in their packets
because that reference did not come to staff's attention until after the packet was produced. Barry
LeBaron said that the purpose of the zoning change is to add the 50 acres to the original PUD-R
that was approved earlier and making some minor changes to fine tune the ordinance. He said
that it is still a single-family use and the lot sizes have not changed. The Colleyville pathways
issue and sidewalk issues have been clarified. He said that the ordinance would need to be
amended to include a public school as a permitted use. Mr. LeBaron said that upon a preliminary
calculation of estimating that the length of the proposed thoroughfare being ~ mile distance,
approximately 4 acres would be removed from the open space requirements. He said that rather
than being 20% open space there may be 18% of other open space.
Planning & Zoning Commission
Minutes - November 8,1999
Page 8 of 8
Discussion ensued about the possibility of the proposed thoroughfare being located near the
proposed City park.
Commissioner Fletcher recommended the approval of the amended zoning change request,
Case Z-99-063, with the inclusion of a public school being allowed. Commissioner
Edwards seconded the motion. The vote being:
Ayes: Edwards, Collins, Fletcher, Hill, Hart
Noes: None
8. TABLED ITEM - A Preliminary Plat of Glenwood, Phase 1A requested by David Bagwell,
111 .220 acres located on the north side of McDonwell School Road, west of Westcoat. Case
P-99-064 This item was not taken off the table for discussion.
9. This item was discussed at the beginning of the meeting.
10. Staff comments, reports and discussion items: Barry LeBaron briefed the Commission on the
new fact sheet that is being used on some of the cases. He also discussed the topic of
calculating length of streets on a cul-de-sac.
11. Commissioners' comments and reports: The Commission discussed attendance at the
November 22nd meeting since it was so close to the Thanksgiving holiday. They determined
that there could possibly not be a quorum and the possibility of rescheduling the meeting for
the following Monday, November 29th,
ADJOURNMENT:
Commissioner Fletcher moved to adjourn the meeting at 10:0S p.m. Chairman Hart
seconded the motion. The motion passed by an "Aye" voice vote.
Respectfully Submitted,
~t:3~
an Hofstrom
Planning & Zoning Assistant
Approved on: November 29. 1999 as corrected to add "home" to sprinkler systems wordinq in item
# 5 on paqe #4.
NOTE: As a matter of public record, an audio recording of the above Planning and Zoning
Commission meeting is available upon request.
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