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HomeMy WebLinkAboutPlanning and Zoning Commission-Minutes-9/13/1999 Planning & Zoning Commission Minutes - September 13, 1999 Page 1 of 10 The regular meeting of the Planning and Zoning Commission was called to order by Chairman Hart at 1:00 P.M. on September 13,1999. Roll Call: Present: Rob Rutherford, William Tyler, Jim Fletcher, Bryan Hill, Tom Hart Mike Collins Barry LeBaron, Clayton Husband, Tom Niederauer, Jan Hofstrom Absent: Staff: Invocation: Commissioner Hill Approval of Minutes: August 23, 1999 Commissioner Hill moved to approve the minutes of August 23rd as submitted. Commissioner Rutherford seconded the motion. The vote being: Ayes: Rutherford, Hill, Fletcher, Hart Abstained: Tyler Noes: None Vice Chairman Fletcher swore In: Luann Edwards, Place 5 Bryan Hill, Place 6 Tom Hart, Place 1 Election of Officers: Commissioner Fletcher nominated Tom Hart for Chairman. Commissioner Rutherford seconded the motion. There being no other nominations, the nominations for Chairman were closed. The vote being: Ayes: Rutherford, Edwards, Tyler, Fletcher, Hill, Hart Noes: None Commissioner Hill nominated Jim Fletcher for Vice Chairman. Chairman Hart seconded the motion. There being no other nominations, the nominations for Vice Chairman were closed. The vote being: Ayes: Rutherford, Edwards, Tyler, Fletcher, Hill, Hart Noes: None 1. TABLED ITEM - A Zoning Change requested by Beth Joseph, from R-20 to AG (agricultural) or PUD-R (planned unit development-residential) on 5.666 acres located at 3600 Pool Road. Case Z-99-054 Barry LeBaron presented the case to the Commission. Commissioner Fletcher moved to remove the item from the table. Commissioner Edwards seconded the motion. The vote being: Planning & Zoning Commission Minutes - September 13, 1999 Page 2 of 10 Ayes: Rutherford, Edwards, Tyler, Fletcher, Hill, Hart Noes: None Beth Joseph, 3600 Pool Road, was present to represent the case Commissioner Fletcher asked Ms. Joseph about the school use on the property. She distributed a picture of the bunkhouse that is being used as a classroom to the Commissioners. She said that she will use the classroom for the Montessori classroom through May and the pony club will use the classroom for ongoing classes. Commissioner Tyler asked about the status of the new construction for the Montessori School and the possibility of the need for temporary classroom to continue if their construction was not completed. Commissioner Fletcher asked what the limit was for the number of children involved in a birthday party? She said that she limited the number of children to 10 and 15 would be the maximum allowed. She said that she had a party this past year with 26 children and it was too large. She said that she needed to conduct the parties on the weekends to have a financially viable business. Ms. Joseph stated that cars park on the property and when the parties are for 3 to 5 year olds, the parents stay and the most cars she had on her property over the weekend was nine. She said that there was not a significant increase in the traffic on Pool Road and in the past 6 years of her party business she has not received complaints from her neighbors. Commissioner Rutherford asked about noise related to her business. She said that she had no complaints about noise. The first time she was aware of any complaints was through this public hearing process. She said that the ponies are lead by hand and there are no gas powered vehicles involved. The latest party is 5:00 p.m. and most parties are usually between 2 and 4:00 p.m. She said that there is no loud music associated with the parties. Commissioner Edwards asked staff if the pony club and parties are permitted under the AG and/or PUD-R zoning districts. Staff said that it was their determination that the uses would be permitted in either AG or the PUD-R. Commissioner Fletcher commented on the amount of correspondence received regarding this case. He said that a lot of the correspondence was warranted by the actual intent of the school. He said that he is inclined to be in favor of the PUD-R ordinance prepared by staff to allow the applicant to continue with what she has been doing, but with possibly a few additional restrictions as far as the school is concerned. He said that he was in favor of opening the public hearing to discuss the possibility of PUD-R zoning, and restrict the time to two minutes for each speaker. Commissioner Fletcher moved to open the public hearing. Commissioner Tyler seconded the motion. The vote being: Ayes: Rutherford, Edwards, Tyler, Fletcher, Hill, Hart Noes: None Planning & Zoning Commission Minutes - September 13,1999 Page 3 of 10 Chairman Hart opened the public hearing. Those present wishing to speak were: John DeRoche, 6101 Hillbrook, submitted photos and requested that the owners clean up the property to prevent a rodent and health hazard from being so close to his property. He said that he sent a letter in opposition to the zoning change; Julie Montage, 600 Logan Lane, South lake, president of the Board of Trustees for the Barbara Gordon Montessori School, and she stated that they have no plans to extend the use of the classroom on the Joseph property past the current school year; Tom Saunders 6005 Hillbrook Drive, had questions if the Montessori School has funding in place and have taken out building permits and if this school year is a reasonable time frame for the school to be built; Bob Gammon, 3650 Pool Road, stated that he had no notification of a change in zoning to PUD- R. He said that they only received notification for an AG change. He said that he does not want the school and is tired of the birthday parties. He said that there were 2 parties on Saturday and 1 party on Sunday. He expressed displeasure that he was not asked by the property owners if he wanted this kind of use next to his property. He is opposed to the commercial business because it is illegal in a residential neighborhood. He stated that there have been animals on his property since 1956; Bob Rutlage, 3541 Marsh Lane, Grapevine, said that he lives across the street from Bob Gammon and has lived there since 1984. He said that he lives closer than most neighbors and said that there has not been a problem with traffic and when he has been on the property during parties, noise was not a problem. He said that he has not experienced any problems or inconvenience since the business has been conducted. He said that he is not voicing any objections and requested that the Commission grant the zoning change; Angie Boyett, 3101 Mustang Drive, said that they have clean-up parties and there are rules for the pony club and parties that no running or screaming is allowed in order to not scare the horses; Ed Hark, 2506 Highland Drive, has property behind the Gammon property. He said that he was told that the property behind him was residential when they moved to Colleyville and animals were on the property. He said that he does not have a problem with AG uses, however, he does have a problem with commercial use; Eileen DeRoch, 6101 Hillbrook, said that she is not opposed to AG zoning on both properties. However, she has a problem with Beth Joseph having parties with small children on her property that has safety problems and health problems because of the debris on the property and the property needs to be cleaned up; Natalie Newton, 6101 Lansford Lane, said that in the whole time that she has been helping out on Beth's property, she has not experienced any loud noises or disturbances. She said that when she walks to work, she cannot hear any disturbances along the neighbors properties. She said that there is nothing unhealthy about the property that does not occur at any barn or place where there are animals. She said that Beth is constantly doing things to change and improve the property; Planning & Zoning Commission Minutes - September 13,1999 Page 4 of 10 Richard Newton, 6101 Lansford Lane, said that he is in favor of the AG or PUD-R zoning change and said that the property has been used as an agricultural use since it's been in the city. He said that this is a unique property and establishment in the city and he does not want the business to go away or Beth's livelihood eliminated. He encouraged the Commission to pass the zoning change; Linda Newton, 6101 Lansford Lane, said that she is in favor of the rezoning as long as the property is preserved in its present state. She said that the alternative was 14 to 15 homes on the property under the current R20 zoning; There being no one else present wishing to speak, the public hearing was closed. Chairman Hart asked if the property were AG or PUD-R could the parties continue? Staff indicated yes they could. Commissioner Hill questioned the notice procedures for PUD-R. Barry LeBaron said that PUD-R is a more restrictive zoning category than AG and by making the use more restrictive, additional notice does not need to be sent. Commissioner Edwards asked about the school use. Barry LeBaron said that the equestrian component of the AG district also allowed a classroom, but it was not specific enough for the type of use requested. Commissioner Fletcher called the property a "diamond in the rough" and said that it adds to the quality of life for the residents in Colleyville. He stated that this is a commercial enterprise and if the applicant was not able to make a profit, the property would go on the market and the use would change. He said that having the parties as she stated earlier is an important component to her business. Commissioner Rutherford asked about the possible clean-up of the property. Beth Joseph said that the pile of debris belongs to her former husband and it is going to be removed. She said that she now has a dumpster large enough to remove the debris and clean up the property; Commissioner Edwards questioned the use of the classroom after the 12 month period stated in the PUD-R ordinance. Barry LeBaron said that one of the allowed uses under the AG zoning district is private horse stables, a commercial equestrian stable and school. Staff felt that the classroom use needed to be clarified and this could be accomplished within the PUD-R.. Commissioner Fletcher moved to recommend the zoning change from R20 to PUD-R with the following changes to the PUD-R ordinance prepared by staff: Section 1A. 1 d. to be changed to "an occupancy of 6 persons for 6 hours per day, for a time period of 9 months from the approval of this ordinance." Section 1 C. needs to add: 2. "Cleared of all debris on the property within the next 30 days." Planning & Zoning Commission Minutes - September 13,1999 Page 5 of 10 Commissioner Tyler seconded the motion. Commissioner Edwards expressed concern that the hours of operation were not long enough or limiting the classroom to 6 students would prevent any additional students during the year from attending. Commissioner Fletcher stated that he was accommodating Ms. Joseph's request as stated. Commissioner Hill said that he would be in favor of adding one or two students to the six students allowed in Commissioner Fletcher's motion. Commissioner Tyler said that he would be in favor of limiting the classroom use to 10 students. Commissioner Fletcher amended his motion to limiting the classroom use to 10 students. Commissioner Tyler seconded the amended motion. The vote being: Ayes: Rutherford, Edwards, Tyler, Fletcher, Hill Noes: Hart 2. TABLED ITEM - A Zoning Change requested by Robert J. Gammon, from R20 to AG (agricultural) on 6.81 acres located at 3650 Pool Road. Case Z-99-056 Commissioner Hill moved to remove the item from the table. Commissioner Tyler seconded the motion. The vote being: Ayes: Rutherford, Edwards, Tyler, Hill, Hart Noes: Fletcher Barry LeBaron presented the case to the Commission. Commissioner Hill asked for a clarification about the AG zoning allowing Mr. Gammon to build a barn the size that he wants on the property and he questioned the denial of the building permit by staff for Mr. Gammon's barn. Barry LeBaron said that the building permit application was not associated with this case, however, the building permit application appeared to be for a commercial building and he was not in a position to review the application at this time. Commissioner Fletcher asked if there were any restrictions on this case as it relates to non commercial swine farming. Mr. LeBaron read the allowed uses in the AG zoning district and said that the purpose of the district was to allow farming and ranching. Commissioner Edwards suggested that they should ask Mr. Gammon for the record questions about current zoning and the fact that he has been using the property for AG. Bob Gammon, 3650 Pool Road, stated that the property is currently R20 and he has used it for AG uses and has animals. He said that he baled 150 bales of hay this last week for the use by his animals. He said that his original intent was to tear down his current barn and build another barn. He said that the Commission just gave his neighbor two commercial businesses right next door to him and he asked if he has a barn that looks like a commercial barn, even though it is not, could they deny him his AG zoning. Commissioner Fletcher said that they want to work with him and accommodate his uses and this case is independent from the last case they heard. He said that most letters they have received have been favorable to Mr. Gammon and he felt that it's use Planning & Zoning Commission Minutes - September 13,1999 Page 6 of 10 was an asset to the city and he would like to keep it as it is. He said that Mr. Gammon was to be commended on the way he maintains his property. Mr. Gammon asked if he could go into the birthday party business, and Mr. Fletcher said that he needed to ask the city that question. Chairman Hart moved to recommend the zoning change from R20 to AG. Commissioner Edwards seconded the motion. Commissioner Fletcher stated that he stated earlier that non commercial swine farming is allowed in the AG district and that there is a need for some restrictions on this property. He said that there is a possibility of offensive uses on the property. He would like the motion to be amended to not allow non commercial swine farming. Chairman Hart said that under AG zoning they could not place restrictions to an AG zoning category and they would need to consider a PUD-R ordinance to accomplish that. The vote being: Ayes: Rutherford, Edwards, Tyler, Hill, Hart Noes: Fletcher 3. PUBLIC HEARING - A Combination Plat of Lot 1, Block 1, Colleyville Montessori School requested by Richard Myers, 8.675 acres with portion being a replat of Lot 1, Block 1, Montessori Addition located at 1513 Hall Johnson Road. Case P-99-057 Clayton Husband presented the case. Chairman Hart opened the public hearing. There being no one else present wishing to speak, the public hearing was closed. Commissioner Edwards questioned if all changes requested by DRC were addressed. Chairman Hart questioned the right-of-way on Hall Johnson Road. Commissioner Edwards moved to approve the plat. Commissioner Fletcher seconded the motion. The vote being: Ayes: Rutherford, Edwards, Tyler, Fletcher, Hill, Hart Noes: None 4. PUBLIC HEARING - A Zoning Change requested by C. L. Madden, III, from AG to R20 on 3.125 acres located at 6112 Hunter Lane. Case Z-99-065 Tom Niederauer presented the case to the Commission. He said that staff is recommending that the zoning be changed to R40 rather than R20 because that is the pattern of lot sizes in the area. Chairman Hart opened the public hearing. Those present wishing to speak were: C. L. Madden, 6112 Hunter Lane, said that he presented a petition to staff this afternoon signed by the surrounding property owners within 200' stating they have no objection to the R20 zoning district and the creation of two additional lots. Planning & Zoning Commission Minutes - September 13,1999 Page 7 of 10 Commissioner Edwards said that she had reservations on two additional lots being created on a substandard road, but if the people within 200' have no objections she could possibly support the change. She said that she had concerns that someone else could purchase the property and remove the dwelling and create six lots rather than three lots. The Commission asked Mr. Madden if another category would be more appropriate. Mr. Madden said that with the location of his dwelling, the larger parcel could not be further subdivided. He said that he wants to build a home for his daughter and sell a lot to help with the cost of building a new home. Chairman Hart moved to recommend approval of the zoning change from AG to R20. Commissioner Rutherford seconded the motion. The vote being: Ayes: Rutherford, Tyler, Fletcher, Hill, Hart Noes: Edwards 5. PUBLIC HEARING - A Zoning Change requested by David Bagwell, from R20 to PUD-R on 50.424 acres located in the 800-1000 block of McDonwell School Road, north side of the street. Case Z-99-063 Barry LeBaron stated that since this case and the next case are so closely tied together, that the Commission may want to discuss both of them together. However, if they take action of the cases, they need to take action on each case individually. Clayton Husband presented the case to the Commission. He said that they requested the Commission to table the case in order to allow staff more time to address outstanding issues. Commissioner Edwards stated that both cases need to be discussed toqether. Chairman Hart opened the public hearing. Those present wishing to speak were: Don Lee, 1014 W. Murphy Road, said that his wife, Lottie, is one of the Cole children. He said that the Cole property is still for sale and he has concerns about the lack of ingress/egress to the Cole property. He said that the neighbors on Murphy are concerned about increased traffic if and when the Cole property was sold and developed and according to this plan presented, Murphy Road would be the only way out. This plan did not have adequate connections to support potential development of the Cole property; Linda Baker, 404 W. McDonwell School Road, said that combining the cases is a good idea since one of the conditions of the PUD-R zoning change on the adjacent property to the east was a required density of 1.8 duo per acre. She asked for future location of the church and it's access as it relates to her property. She spoke regarding the use of the private areas and the lack of open space. She said that her property is used for agricultural purposes and her son was the Tarrant County junior grand champion in broilers this last year and they have poultry farming. She said that she hopes the homes planned directly adjacent to her property are aware of the use and the existence of roosters and horses on her property. Planning & Zoning Commission Minutes - September 13, 1999 Page 8 of 10 David Bagwell, 8222 Douglas Avenue, Dallas, spoke representing the case. He discussed the arboretum approach to development. He said that his Westmont addition will become Westmont at the Arboretum/Millenium Grove and he plans to plant 2,000 trees on the Westmont property along the 10 acres of open land on the perimeter. He said that he has a planting plan for open space on the Glenwood addition that will be revealed later. David said that there will be unique open spaces with a combined total of 3,500 trees being planted. He said that he will substantially reforest the area and bring in a trail around the perimeter and through the property. He said that Mr. Bagwell said that the average lot width on a lot is 95' with the lots being 80' wide x 162' deep. He said that builders would rather have a narrower lot and gain the space through the depth. He said that the lots would have a deeper setback increased from 30' to 40' and the 40' setbacks create a greater elegance along the streets. He said that he proposes that the side setbacks would vary with a minimum of 10' side yard separations. Mr. Bagwell said that he is planning 5' sidewalks with greater setbacks along with the deeper setbacks will help create a more elegant feel. He said that the lots will have a deeper back yard which is what the customer wants. The deeper rear yards will give greater separation between homes. He said that he is proposing to give the community a development with bigger front yards; rear yards that separate the units further apart than a typical 100' x 130' lot; lots will range in a size from 60,000 s.f., with a typical lot at 27,000 to 28,000 s.f.; a mix of housing units that will basically start at $400,000 and go up. He said that these aesthetic elements will give the developer the ability to make the property an elegant, very attractive, unique property that Colleyville is looking for. He said that the property is burdened by an old mine site, a extraordinary amount of frontage, the pathways to be built, however the plan will be developed to create the elegance the community is looking for. He said that if the Commission does not like this approach, they can come back with an R20 layout and tie it back in to the PUD to the north and northeast. Commissioner Rutherford asked questions about side yard setbacks. David Bagwell explained the concept of maintaining 20' separation between units but with the narrower lots there would be an additional lot on the block. With the street appeal of a larger front setback and a 20' separation, is really what gives the neighborhood a qualitative appeal. Commissioner Edwards questioned the variable side yard setbacks and the depth of backyards. She questioned if the developments can be combined. Barry LeBaron explained the potential of combining them and the need to table the case so that one set of regulations for the entire development that is a coordinated effort. He said that this will take some time for staff and the developer to work together on this. For building permit purposes, a coordinated effort would be better. Ms. Edwards questioned the narrow strips of open space behind lots. Mr. Bagwell said that the trails within the development would be for private use and the back yard fences would be consistent and open with trees planted to shade the walkways. Mr. Bagwell said that he is flexible to create open space that is acceptable to everyone. He said that he is prepared to use both private and public open space and coordinate park plans with the City. Commissioner Edwards questioned the street connections for the subdivision and expressed concerns about a single entrance on McDonwell School Road. She asked about the possibility of having a street that went from one end of the addition to the other end of the adjoining addition. She said that she felt the residents of the additions would appreciate the ability to go in a direction they would want to go rather than going out of the subdivision to access another area. Planning & Zoning Commission Minutes - September 13,1999 Page 9 of 10 Commissioner Edwards questioned the possibility of having a small gated community in the northeast section of the larger portion of the development. Mr. Bagwell said that as the applicant he does not prefer a gated community. But if the community says that they need a gated community, they would have to work out the details. However, he does not prefer a gated community. Commissioner Fletcher had questions regarding future pathways and the need to buffer Ms. Baker's property to eliminate any objections to the agricultural uses. Mr. LeBaron commented on the difficulty of being site specific on a pathways plan. He said that the location of a hike and bike trail would be designed specifically as it relates to a given subdivision. Mr. Bagwell said that he is will to work with staff to address the needs. Commissioner Fletcher asked about future turn lanes on McDonwell School Road or as a minimum at Westcoat. Barry LeBaron said that there are no plans at this time. Commissioner Edwards and Rutherford had questions about the lots and access to the northeast of the overall project. She requested an exhibit that includes both this zoning case and the 111.220 acres to the east with a table to indicate overall lot sizes, density, and percentage of open space. There being no one else present wishing to speak, the public hearing was closed. Commissioner Fletcher moved to table Case Z-99-063. Commissioner Tyler seconded the motion. The vote being: Ayes: Rutherford, Edwards, Tyler, Fletcher, Hill, Hart Noes: None 6. 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 Commissioner Fletcher moved to table case P-99-064. Commissioner Rutherford seconded the motion. The vote being: Ayes: Rutherford, Edwards, Tyler, Fletcher, Hill, Hart Noes: None 7. PUBLIC HEARING - Consideration of an amendment to the Zoning Ordinance to establish size requirements for accessory buildings. Case Z-99-066 Tom Niederauer and Barry LeBaron presented the case to the Commission. Commissioner Edwards questioned the need to add an R-10 zoning district to the chart because there are existing neighborhoods in Colleyville zoned R-10. Chairman Hart opened the public hearing. Those present wishing to speak were: Linda Baker, 404 W. McDonwell School Road, said that she has a large barn that she would possibly need to add on to and she would hate to run into the objection of new neighbors behind her property. She Planning & Zoning Commission Minutes - September 13,1999 Page 10 of 10 asked if get a special use permit to add on. Barry LeBaron said that if she was already over the permitted square footage, then she would have to get a special use permit. The Commission questioned if 2,000 s.f. would be adequate for a large parcel of property. The Commission and staff spoke about the purpose of the special use permit. There being no one else present wishing to speak, the public hearing was closed. Commissioner Edwards moved to recommend approval of Case Z-99-066 with revisions to include R10 or any other category that is not specifically addressed. Commissioner Hill seconded the motion. The vote being: Ayes: Rutherford, Edwards, Tyler, Fletcher, Hill, Hart Noes: None 8. Staff comments, reports and discussion items: There were none. 9. Commissioners' comments and reports: There were none. ADJOURNMENT: Commissioner Fletcher moved to adjourn the meeting at 9:45 p.m. Chairman Hart seconded the motion. The motion passed by an "Aye" voice vote. Respectfully Submitted, 2~ J n Hofstrom Planning & Zoning Assistant Approved on: Oq / ~ 7/ qq as corrected to remove Commissioner Collins' name from any votes as he wasabsent & the addition of the word "together" on page 7 under item #5. -7JI- NOTE: As a matter of public record, an audio recording of the above Planning and Zoning Commission meeting is available upon request. [ jh/min/0913pz.min]