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HomeMy WebLinkAboutPlanning and Zoning Commission-Minutes-10/11/1999 Planning & Zoning Commission Minutes - October 11,1999 Page 1 of 10 The regular meeting of the Planning and Zoning Commission was called to order by Chairman Hart at 1:10 P.M. on October 11, 1999. Roll Call: Present: Rob Rutherford, Luann Edwards, William Tyler, Mike Collins, Jim Fletcher, Tom Hart Brian Hill Barry LeBaron, Clayton Husband, Tom Niederauer, Jan Hofstrom Absent: Staff: Invocation: Commissioner Edwards Approval of Minutes: September 21, 1999 Commissioner Fletcher moved to approve the minutes of September 27th as submitted. Commissioner Rutherford seconded the motion. The vote being: Ayes: Rutherford, Edwards, Tyler, Collins, Fletcher, Hart Noes: None 1. PUBLIC HEARING - Combination Plat for Lots 1, 2, & 3, Atlantic Oil & Gas Addition requested by Billy Hudson for Perry Molubhoy, 4.306 acres, being a replat of Tract 1 and a portion of Tract 2 McNary Acres located on the southeast corner of L. D. Lockett Road & Precinct Line Road. Case P-99-010 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. Commissioner Fletcher asked for the applicant to come forward to answer questions from the Commission. The representative of the case was Mark Smith, 8150 N. Central Expressway, Dallas. Mr. Smith gave an overview of the plans for the site. Commissioner Fletcher asked if the applicant had architectural conceptual drawings at this point in the development process. Mr. Smith said that they have submitted plans with a site plan to staff and the building would be primarily brick and will exceed the point system. Chairman Hart asked if Lot 3 would be concrete for parking purposes. Mr. Smith said that Lot 3 will be landscaped and is a self contained lot. He said that whoever purchases the lot will develop it independently. Commissioner Fletcher asked about 40' setbacks from the road and he had seen a plan during zoning that proposed earthen berms to soften the effects from the street. Mr. Smith said that visibility is important for a convenience store and they propose planting trees and landscaping the site more than is required. Commissioner Fletcher stated that this area of the city is just starting to development and there is a need for quality development especially at this location on Precinct Line Road since it is a western gateway into the City of Colleyville. Mr. Smith said that the owners of the project will own the property for a long time so they want a quality project as well. Planning & Zoning Commission Minutes - October 11,1999 Page 2 of 10 AI Zim, 1209 John McCain Road, asked the Commission and the City Council, "Do we need a gas station on Precinct Line Road?" He said that a gas station will promote the development of garnish kinds of development. He said that it would promote beer sales and people would be congregating in the evening and will generally not add at all to the Western Gateway of the City. He said that with this being the beginning of development along Precinct Line Road, the city needs to be selective in what kinds of businesses develop. Chairman Hart said that he would be one of the citizens that would stop for gasoline and support the business because he travels that road every day going to work. Commissioner Edwards asked staff if the CC-1 with a special use permit is already in place. Staff stated that it is and the Commission did not need to be concerned about the use and the issue before them tonight is a replat and the division of property into additional lots. Commissioner Fletcher encouraged staff to look at the site plan closely and keep the aesthetics of the project as pleasing as possible. There being no one else present wishing to speak, the public hearing was closed. Staff said that when the PUD was established for this property, a higher point scale was required within the PUD. Commissioner Rutherford moved to approve the replat. Commissioner Collins seconded the motion. The vote being: Ayes: Rutherford, Edwards, Tyler, Collins, Fletcher, Hart Noes: None 2. PUBLIC HEARING - 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 and gave a history of the development at platting for Pebble Hill Plantation Estates. Commissioner Fletcher said that the Pebble Hill plat is germane to this case and he feels that the Commission should have a legal opinion if this land can be used for future residential development since it was incorporated in the Pebble Hill plat. Staff stated that the property is technically a part of the Pebble Hill plat but it was not ever developed. Open space was not required as a part of the Pebble Hill plat since it is zoned R20 and open space is required in PUD zoning. Staff said that the property is not owned by the Pebble Hill Homeowners' Association, but according to the tax records, it is owned by Burk Collins. Barry LeBaron said that if the Commission's concern is the access of the Pebble Hill residents to this lot through an access agreement, it would be best to get the information from the applicant's attorney because they are the owners of the property. He said that the interpretation of the agreement may be best coming from them. Commissioner Edwards asked about tree preservation on the site because any fill that is added to reclaim property out of the flood plain could possibly destroy the trees. She asked if a tree study had been done for the project. Staff discussed the location of the flood plain and how the Planning & Zoning Commission Minutes - October 11, 1999 Page 3 of 10 lots in the northern section of the development would have portions of the rear yards in the flood plain. Discussion ensued about development of property with flood plain on the plat and the construction of water and drainage systems and how flood studies would be conducted in association with the final plat. Commissioner Edwards asked questions regarding and discussed the maximum length of roadways, roadway connection possibilities, and right-of-way on John McCain, and fire protection. Chairman Hart opened the public hearing. Those present wishing to speak were: Mark Gottfredson, 201 Hancock Court, said that he is the owner of the property. He said that he purchased the property from Burk Collins and closed on July 26. He said that he plans to build an upscale, subdivision that is attractive to higher end clientele with million dollar plus homes and has partnered with Paul Krammer as an exclusive builder in the subdivision. Mr. Gottfredson said that he plans to have strict architectural standards and he plans to upgrade the current common area. He said that he has tried hard to come up with a solution to the length of the street and has talked to Mr. Collins and he has refused their request to provide access or an easement to the west. Pebble Hill HOA is resistant to access to the east and it is unfeasible to build a roadway over the spillway. He said that with only 12 lots and a cul-de-sac at the half-way point, fire department access should not be a problem. Tom Pritchett, 3011 Westminster Drive, Farmers Branch, Landscape Architects and Site Planners, gave an overview of the project. He said that there would be a sidewalk that would be built in front of the dwellings and then cross over cobblestone pave-ways to the sidewalks on the other sides of the street. He said that any lots that back up to the lake would require iron fencing and the perimeter wall would be constructed of brick and iron. Mr. Pritchett said that there are approximately 50 trees that will need to be removed and they plan on replacing them tree for tree. He discussed the plans for sewer and water and electrical lines in the addition and all utilities would be underground. He said that they are planning for the subdivision to be gated and would use an Opti-com system for the gate. He said that the common area that is shown on the exhibit is per the common access easement and they are not impeding the agreement on the Pebble Hills HOA's right to us. He explained that there would be a gate to the common access easement but access would not be allowed into the gated subdivision. He said that they plan several fountains throughout the subdivision and special lighting features. Chairman Hart asked about the screening proposed for the lots in Pebble Hill that back up to the new subdivision street (lots 1, 8, & 9). Mr. Pritchett said that they plan to build a brick wall with heavy landscaping and ground cover. He said that they preferred constructing the entire perimeter subdivision fence rather than allowing homeowners to have wood fences. Commissioner Edwards asked what will happen to the pathway that is on the north side of the lake. Mr. Pritchett said that it will be removed because it is not a part of the common access easement. Commissioner Rutherford asked if the developer considered speed bumps in the subdivision. Mr. Pritchett said that they do not anticipate heavy traffic as there are only 12 lots and the street is private. He said that they added curves to the roadway to slow down the traffic and they dropped lots and lowered the density to accommodate the curves and the length of the cul-de-sac. Planning & Zoning Commission Minutes - October 11,1999 Page 4 of 10 Commissioner Fletcher asked who is currently maintaining the open space. Mr. Pritchett said that the Pebble Hill Homeowners' Association maintains the common access easement and Mr. Collins maintains all of the other property. Keith Staudt, 1208 Bell Meade, Lot 9, and his lot backs up to the proposed addition. He said that he backs up to nice open space with horses grazing. Most homeowners have iron fences so that they can enjoy the view. He said that he is not there just to object because of the loss of the view, but he objects because the proposal does not meet standards, ordinances and regulations of zoning. He said that the applicants want waivers and exceptions from several regulations. He said that he believed that it is not the citizens place or the Commission's place to provide the waivers and exceptions in order to develop the property. Chairman Hart said that he wanted to respond to that comment. He said that the Planning and Zoning Commission does respond to waivers and exceptions and that is one of the purposes of the Commission. Mr. Staudt said that he believed that the Commission should not grant waivers and exceptions and said that he would explain why they shouldn't. He displayed an original plat and explained the private common access easement. He distributed a map showing the area of objection from surrounding homeowners. He showed a brochure that given to him and the homeowners by the developer in 1992 showing the open space within the development and it showed all of the open space not just a limited easement. He read from the filed easement document. He said that he is an attorney and has spoken with other attorneys that specialize in real estate. Mr. Staudt said that they feel confident with the fact that they have an easement that allows them recreational use which would prohibit, contrary to what the gentleman has previously said, the building of a road over the easement because it is for recreational use. He said that he easement was granted on April 19th and on April 23rd Burk Collins reserved some right to build a road, but he reserved it only for himself and it was four days after the blanket agreement was made with the Pebble Hill homeowners. Mr. Staudt said that the PUD-R does not create any additional green space and it is double-dipping into the Pebble Hill green space and diminishes their rights because they have had an easement to walk around the lake because Burk Collins allowed them to do that as long as he owned the property. Mr. Staudt discussed the roadway in the proposed addition and how it does not meet the length requirements. He said that he is concerned because in 1994 there was a brush fire that crept over Mr. Collins' yard into their back yard and they had to call the fire department. He said that a roadway without a double access will create peril if there is a blockage and there is a fire. Burk Collins, 1312 John McCain, said that he set up the easement for the Pebble Hill Homeowners' Association. He said that he let the homeowners use the north side of the lake but they did not have an easement to use that property. He said that when he sold the property, he understood that it was to be used for the construction of one dwelling and that there would be a masonry or iron fence on the west side of the property adjoining his property. Florian Stewart McCilnikar, 1309 Pebble Hill Drive, said that as he understands the process, the P&Z needs to consider the. granting of the rezoning and the granting of a preliminary plat. He said that what has been presented for the plat is questionable and he would implore the board to not grant rezoning until there is adequate access. He said that even the seller intended a single Planning & Zoning Commission Minutes - October 11,1999 Page 5 of 10 family residence on the property. He said that he realizes the expansion is inevitable, but he would like the Commission to help the expansion responsibly and in a manner that is going to move the community forward and this proposal does not meet the requirements. Rich Fillippi, 1206 Pebble Hill Drive, said that he does not represent the HOA however he was treasure at a prior time. He said that he purchased his property in 1992 and they bought because of the lake. He acknowledged that Mr. Collins accurately told the location of the common easement. He said that he is in favor of the proposed subdivision because the expensive homes and sitting in-between the proposed development and Timarron increases the value of his home. He said that he much preferred the see a high-end subdivision rather than the multi-high density housing being built across the street. He said that he would like the drainage and runoff to be addressed and he hoped that Pebble Hill will have some access to walk around the property and the lake is in need of repair and improvements. Jane Roose, 1208 Belle Meade, said that she has concerns about the proposed road and the issue needs to be looked because of the number small children in the area. Dave Bonner, 1304 Belle Meade, said that he supports the project based on the million dollar homes, but he is concerned about the inconsistency with the planned gated community and consequently is opposed because there is not a plan that is consistent to city regulations in and of itself. Paul Kramer, proposed builder for the subdivision, 5504 Miramar. He said that he understands the basis of opposition with part being legal requirements and part being esthectics. He said that the initial plan would have approximately 25 homes and a roadway that crosses over the spillway, and it would eliminate the problem of length of street and legal objections. He said that they felt the current plan with lower density is best for the city and the surrounding homeowners. He said that they will improve the lake. Commissioner Fletcher asked if there would be a problem marketability wise if they would gate the lots with iron fences with room for a walking trail between the fences and the lake to allow access for Pebble Hill homeowners to continue to use the north side of the lake. Paul Kramer said that at the price level of the proposed homes, the property owners will want the added security of a gated community that does not allow access by adjoining property owners. He said that currently that easement does not give Pebble Hill legal access. He said that currently they have had access as would anyone that has an empty lot next to their property and they are not taking away from them anything that they legally had in the first place. Holly Hamilton, 1306 Belle Meade, said that her house backs up to the area where a gated access is being considered by the developer to the common access easement. She wanted to know if the developer would consider changing that location of access because it was so close to their back yard. Tom Berger, 1402 Belle Meade, said that he signed one of the petitions in opposition to the development, but he would like a 10' walking path around the lake with an iron fence offset to allow security for the new development and if that could be considered he may withdraw his opposition. Planning & Zoning Commission Minutes - October 11,1999 Page 6 of 10 John Lieber, 1401 Pebble Hill Drive, said that he is currently vice president of the association and they do not have a formal position on the proposed development only that they are opposed to a traffic access through Pebble Hill across the common area. Mike Acock, 1201 Belle Meade, said that there are so many inconsistencies with city regulations, but hopefully they can come to an agreement with the developer to allow access around the lake and they would be less opposed. He said that they feel as if the whole lake is being taken away from them. Rich Filippi, 1206 Pebble Hill Drive, stated the area of maintenance of open space by the association. Keith Staudt, 1208 Belle Meade Drive, spoke again about maintenance of open space. Jane Roose, 1208 Bell Meade, spoke again about traffic safety and her concerns about the length of the street and the need for adequate fire protection. Mark Gottfredson, owner, said that he does not have any plans nor do they want to build a road that goes over the common area in Pebble Hill. He said that the waiver request for the length of the road has been adequately explained. He said that they have talked to the homeowners' association and said that at one point in the meeting, Mr. Staudt asked if there was a way the Pebble Hill homeowners' could block the proposed development would the owner be forced to build only one house on the property? Mr. Gottfredson said that he responded that that may be the ultimate fallback. He said that at that time petitions were circulated and he felt that it was not fair to him or to the city, because what he has proposed is a plan that will be an enormously attractive development in the city. He said that people with a high end house do not want people walking within a few feet of the back of their lot, which is similar to the concerns raised by Mrs. Hamilton and her lot. He asked for the Planning & Zoning Commission's approval so that they can make this the absolute best addition in Colleyville and increase the property values in Pebble Hill. Chairman Hart asked if a walkway around the lake could be a compromise acceptable to everyone. Mr. Gottfredson, said that it may not be as attractive as it seems, because it would be a narrow strip of land with a fence right next to it. Possibly is another option of taking the open space at the east end of Pebble Hill Drive and extending it farther around the lake and this may be more attractive. Holly Hamilton, 1306 Belle Meade, said that she wanted to again explain her comments about the location of an access gate to the public walkway in relation to her property. Tom Berger, 1402 Belle Meade, spoke regarding a walkway around the lake and hoped that some agreement could be reached. Keith Staudt, spoke again saying that the proposed extension of open space at the end of Pebble Hill Drive is in an area of swamp land and the property is not very usable. Planning & Zoning Commission Minutes - October 11,1999 Page 7 of 10 Tom Pritchett, said that he has looked at a denser subdivision and building an another roadway. He said that more money could be made by increasing the density, but they would prefer going forward with the lower density plan. He addressed the issue of the common access easement and said that they will incorporate the lake area into permanent open space. He said that they looked at all of the planning options and chose the lowest density option. He said that the lake could have been filled in but they will include it in their plan and the view will continue to be enjoyed by Pebble Hill homeowners. He said that they intend to build a very safe road in the proposed subdivision. He said that they have a second entrance option by utilizing the roadway access agreement filed in the courthouse that ties into Pebble Hill. Bob Hamilton, 1306 Belle Meade, requested the Commission to table the case so that the homeowners' association can meet with the developer and try to address as many individual concerns as possible reach some compromises. Chairman Hart closed the public hearing. Commissioner Edwards asked where the Commission stands on the issue of private gates and does the Commission make a recommendation on gated community? Barry LeBaron said that the gated question is really a platting issue not a zoning issue. He said that with a PUD, the issue needs to be addressed, knowing that the applicant wants to build a gated community. If the PUD is approved and then at time of permitting a gated development opposition is raised, he may not be able to develop the subdivision even though it is a platting issue. Commissioner Rutherford said that both parties have done a very good job of expressing their concerns and he made a motion that the case be tabled so that both parties can get back together and work out a better plan to be brought before the Commission for their consideration. He said that the parties involved would be the developer, the homeowners' association and concerned citizens. Commissioner Fletcher seconded the motion. Commissioner Fletcher said that the area of open space needs to be adequately calculated and the length of the road is a problem but could be overcome by input from the fire department. He said that the motion in front of the Commission is a reasonable approach and he would like to have as a possible items for discussion the access around the lake that all of the homeowners can enjoy, the brick fence and type of veneer on the fence, setbacks if they do agree to access around the lake and also a common maintenance agreement for the area around the lake. The vote being: Ayes: Rutherford, Edwards, Tyler, Fletcher, Hart Noes: Collins Barry LeBaron said that one of the citizen's requested that interested parties get together for discussion, and he said that he feels that is the responsibility of the applicant to contact the homeowners and try to resolve the issues. Planning & Zoning Commission Minutes - October 11,1999 Page 8 of 10 Chairman Hart requested that a five minute break be taken by the Commission. 3. 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 Barry LeBaron presented the case to the Commission. He discussed the purpose of combining two cases in order to not have a separate set of regulations for the 50 acre project and then a separate set of regulations for the PUD-R that was approved in April as Glenwood. He discussed the notification procedure and how everyone within 200' of the original Glenwood project that the Commission may be adding the additional 50 acres to the site plan. He discussed the traffic circulation through the combined PUD. He them discussed the changes to the original Glenwood PUD-R ordinance. Commissioner Edwards asked if staff received any changes to the exhibits or proposal they reviewed at the last meeting. She said that she requesting information clarifying, the connecting streets, the calculated amount of open space, the average lot sizes, and the density of the project. Mr. LeBaron requested that she ask that question to the developer because he has not provided the information to staff. Commissioner Fletcher moved to remove the case from the table for discussion. Commissioner Collins seconded the motion. The vote being: Ayes: Rutherford, Tyler, Collins, Fletcher, Hart Noes: Edwards Chairman Hart opened the public hearing. Those present wishing to speak were: AI Zim, 1209 John McCain, said that he was solemnly promised that before anything was done to he property, he would be notified. He said that by some fluke of the Commission's action to table this case, he was notified and he believed that it is a breech of his trust from this Council of not notifying him as they said they would when additional development would occur in the area. Mr. Zim stated that he still has concerns about the sand pit that is filled with garbage and the drainage of water onto his property. He said that he sees no provision to retain the water from the houses to be built on this property and not drain onto his property. He said that he will not tolerate it. Mr. Zim said that he has never seen a study done. He said that the city has permitted a development north of him that drains water through a channel that the city built across his property. He said that if he does not have adequate drainage done in this area prior to development, he will sue the city for the water drainage across his property and he's going to have an injunction formed so that he'll have no more water drained off this property till he sees a drainage program. He apologized for having to play "hard-ball" but he said that the city has been negligent in dealing with his problem and at worse been an out-right liar. Mr. Zim said that the Commissioners have witnessed tonight a developer proposing large scale houses with values over $1,000,000 and this is the direction that northwest Colleyville needs to Planning & Zoning Commission Minutes - October 11,1999 Page 9 of 10 take. He said that Mr. Bagwell has stated that people who live in Keller School District should live in smaller houses and he said that this is inaccurate and spacious houses will continue to be in vogue. Mr. Zim said that in regards to the access road leading to John McCain; the Northeast Tarrant County Master Plan has a major thoroughfare that is four lanes wide in the area and any proposal to widen or improve John McCain Road is not going to work. Linda Baker, 404 W. McDonwell, said that she is very surprised by the City's proposal of a road that cuts through her property. She said that one of the problems with the whole development process in this area is that not once has the developer taken any time to talk to citizens in the area on a one-to-one basis. Successful developments have done this with the area residents. She said that she has asked city staff to please call her if they receive any new information so that she can be prepared for meetings. Ms. Baker said that when she came to the meeting tonight, it is a whole new world and there is a different proposal every time. She said that the area residents should not be penalized for Mr. Bagwell's inability to obtain property to plan potential roads. She said that at the last meeting she gave information that the tree-lined alleyways are of concern and she wanted to know why the tree-line on the S-curve is not indicated in the plan. She said that if the developer plants 5,000 saplings, it will not take the place of the tree-lines. The dense forest is the home to small animals and they have a right to live on our earth. She said that in lieu of the way some cities are establishing moratoriums on building, Colleyville ought to draw a cleansing breath and look at all aspects of the project, or at least insist on some meeting of the minds with the residents. She said that she is not totally opposed to a road cutting across a portion of her property if there may be concessions on some additional land being included to her property so that she can stay on her property. Ms. Baker said that her fondest hope had been that one day, that her piece of property could join up with the park property and a buffer plan behind her property would make it a smooth transition. She said that there is no reason why everyone can't get together and talk about ideas before coming to Council chambers. She said that every time they come it is like a flip chart with different posters and the developer asking which one does anyone like best. David Bagwell, gave history of zoning for the Glenwood project and discussed his contracts with the Cole property. He said that he tried to resolve several issues including the proposed Northeast Tarrant Parkway, Planning & Zoning Commission's and City Council's recommendations, and the city's proposed thoroughfare plans. He said that he has brought forth a plan that complied to the original PUD-R approved zoning ordinance and is compatible to the size and density of that PUD-R. They changed their plan to have a direct connection to the Remington Park addition and one that has adequate open space. He said that he is asking direction from the Commission. He said that staff has proposed a draft ordinance that is not his proposal and he would like his application as presented, not staff's proposal, voted up or down. He said that the road business needs to be resolved. He addressed Commissioner's Edwards request for specific calculations and said that once all of the issues are resolved, he would provide sizes of lots and amount of open space. Mr. Bagwell said that while the plans are in transition, it is very expensive to calculate percentages every time the plans are changed. Commissioner Edwards said that that explanation of site calculations is acceptable. She stated that she is personally not in favor a parkway, but she would like to see adequate connections to adjoining properties and to the north. Planning & Zoning Commission Minutes - October 11, 1999 Page 10 of 10 Commissioner Fletcher said that he is in favor of improving highways in the city. He stated that public transportation and traffic tie-ups are based on roadways designed 15 years ago. He approves amenities with public jogging and bike trails for the community and he is willing to give the developer an opportunity to present a plan that addresses their concerns. There being no one else present wishing to speak, the public hearing was closed. Discussion ensued about the possibility for future roadways, realignment to Remington Park and the need to consider site distances and the curve in McDonwell School Road, a possible roadway with a wooded medium and open bar ditches for a "country-rural" effect. Commissioner Fletcher asked staff about a possible joint meeting with the City Council to discuss the uniqueness and complexity of this project. Commissioner Fletcher moved to table the case. Commissioner Rutherford seconded the motion. The vote being: Ayes: Rutherford, Edwards, Tyler, Collins, Fletcher, Hart Noes: None 4. 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 removed from the table for discussion. 5. Staff comments, reports and discussion items: There were none. 6. Commissioners' comments and reports: There were none. ADJOURNMENT: Chairman Hart moved to adjourn the meeting at 10:20 p.m. Commissioner Tyler seconded the motion. The motion passed by an "Aye" voice vote. Approved on:October 25, 1999 as corrected. [Changed the time of adjournment & corrected a typo in item #2.] -~ NOTE: As a matter of public record, an audio recording of the above Planning and Zoning Commission meeting is available upon request. [jh/min/1 011 pz.min]