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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. [jh/min/1108pz.min]