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HomeMy WebLinkAboutPlanning and Zoning Commission-Minutes-8/23/1999 Planning & Zoning Commission Minutes - August 23,1999 Page 1 of 11 The regular meeting of the Planning and Zoning Commission was called to order by Vice Chairman Fletcher at 7:00 P.M. on August 23, 1999. Roll Call: Present: Rob Rutherford, Juneria Berges, Mike Collins, Jim Fletcher, Bryan Hill William Tyler Barry LeBaron, Clayton Husband, Tom Niederauer, Jan Hofstrom Absent: Staff: Invocation: Commissioner Collins Approval of Minutes: August 09, 1999 Commissioner Hill moved to approve the minutes of August 9th as submitted. Commissioner Collins seconded the motion. The vote being: Ayes: Berges, Collins, Hill, Fletcher Abstained: Rutherford, Hart Noes: None 1. A Combination Plat for Lot 1, Block 1, Walker Addition requested by Ron Walker, 1.006 acres located at 4912 Bransford Road, west side of street. Case P-99-060 Clayton Husband presented the case to the Commission. Commissioner Rutherford moved to approve the combination plat, Case P-99-060. Commissioner Berges seconded the motion. The vote being: Ayes: Rutherford, Berges, Collins, Fletcher, Hill, Hart Noes: None 2. A Combination Plat for Lot 1, Block 1, Mac's Bar & Grill Addition requested by Randy Gregory, 1.903 acres located at 5120 State Highway 121. Case P-99-061 Clayton Husband presented the case to the Commission. Commissioner Fletcher moved to approve the combination plat, Case P-99-061. Commissioner Rutherford seconded the motion. The vote being: Ayes: Rutherford, Berges, Collins, Fletcher, Hill, Hart Noes: None 3. A Preliminary Plan for Glenwood Phase 1 requested by David Bagwell, 50.18 acres located in the 800-1000 block of McDonwell School Road, north side of street. Case P-99-059 Clayton Husband presented the case to the Commission. David Bagwell was present to represent the case. Commissioner Fletcher requested that the applicant submit the changes to the plat so that it conforms to the subdivision code and meets requirements before the Commission votes Planning & Zoning Commission Minutes - August 23, 1999 Page 2 of 11 on the plat. He asked about a traffic study that was done on McDonwell School Road. Barry LeBaron said that the traffic study was done in conjunction with the 240 acre PUD-R zoning change. Commissioner Fletcher stated that the PUD-R on the adjoining property required increased set-backs on McDonwell School Road and with the R20 zoning they would not be required. He said that this would be a loss to the community. Barry LeBaron said that this preliminary plan dedicated sufficient right-of-way in accordance with the Master Thoroughfare Plan and the appearance of an increased setback is achieved with the extra street width at Chatham Lane. Mr. Bagwell presented an alternate plan that will be presented as a zoning change from R20 to PUD-R and tie into the Glenwood PUD-R that was approved earlier by P&Z and Council. The Commission questioned the density of the plan. Commissioner Fletcher asked Mr. Bagwell to explain the purpose of the preliminary plan that was before the Commission if he is proposing an alternative plan and asked why he was wasting staff's and the Commissioner's time with the R20 plan. Mr. Bagwell said that it was basically, he was proposing an alternate plan in the future and this R20 preliminary plan was a back-up plan. Chairman Hart moved to deny the preliminary plan, Case P-99-059. Commissioner Fletcher seconded the motion. The vote being: Ayes: Berges, Collins, Fletcher, Hart Noes: Rutherford, Hill 4. PUBLIC HEARING - Special Use Permit requested by Jack Hooda, Hooda Corp. Inc., for a convenience store with gasoline sales and to allow the sale of alcoholic beverages for off- premise consumption on Lot 10, Block 2, Village Park Addition located on the southeast corner of Village Park Dr. & Colleyville Blvd. Case S-99-053 [WITHDRAWN BY APPLICANT-This case was not discussed by the Commission.] 5. PUBLIC HEARING - A Zoning Change requested by Richard Myers for the Barbara Gordon Montessori School, from AG to CC-2 (shopping center) and a Special Use Permit for a private school, on 8.675 acres located at 1513 Hall Johnson Road. Case Z-99-055 Tom Niederauer presented the case to the Commission. Chairman Hart opened the public hearing. Those present wishing to speak were: Richard Myers, 7400 Monticello Parkway, represented the case. He said that they met with the homeowners in Kingswood Estates.; Barbara Gordon, gave a history of the school and said that they needed more space to upgrade the facilities. Commissioner Rutherford asked Ms. Gordon about the outcome of the meeting with the homeowners in Kingswood Estates. She said that they were very positive and the school was able to address any concerns that they had. Chairman Hart asked Ms. Gordon about the number of children currently enrolled. She said that they currently enroll approximately 200 children and their classrooms size for 9, 10, and 11 year old students will grow to 25 students per classroom. Planning & Zoning Commission Minutes - August 23,1999 Page 3 of 11 There being no one else present wishing to speak, the public hearing was closed. Commissioner Rutherford moved to recommend approval of the zoning change from AG to CC-2 with a SUP for a private school, Case Z-99-055. Commissioner Collins seconded the motion. The vote being: Ayes: Rutherford, Berges, Collins, Fletcher, Hill, Hart Noes: None 6. PUBLIC HEARING - A Zoning Change requested by Beth Joseph, from R-20 to AG (agricultural) on 5.666 acres located at 3600 Pool Road. Case Z-99-054 Barry LeBaron presented the case to the Commission and recommended that they consider PUD- R with conditions to be a better alternative to an AG zoning district change. Chairman Hart opened the public hearing. Those present wishing to speak were: Justin Joseph, Fort Worth, he stated that when he and his former wife, Beth Jospeh, bought the property, horses were being raised by the former owners. They were told by the city that if the property were used with similar uses to the former owner's, Mr. Parker, there would be no problem. He said that the use is consistent with the previous use and if they were forced to stop the current use, it would be an injustice to the character of the neighborhood. He told how they give to the community by participating in neighborhood parades and building floats for the high school parades. Commissioner Fletcher said that raising cattle and livestock is different than opening a school. Commissioner Rutherford said that a private school changes the use of the property and they need to zone to the appropriate district. Beth Joseph, 3600 Pool Road, told about how they work with 3 to 8 year olds and older children volunteer to lead the horses while the younger children ride. Ms. Joseph said that they raise miniature horses. She said that she does not have a riding school. Her son is a student at Barbara Gordon Montessori School and they often bring students to their property to incorporate the experience of being in a country environment into the curriculum. She said that when Barbara Gordon was looking at temporary buildings she offered the use of her bunk house for a classroom for approximately 6 students. Ms. Joseph said that she is not asking to build a school, she is only asking to remodel the bunkhouse and have six children on her property from 8:30 a.m. to 3:00 p.m. Barry LeBaron said that there would be concerns if there was any school use on the property. Beth Joseph displayed overheads that were pictures of children using her facilities and discussed the insurance requirements for her property. Barbara Gordon, 2715 E. South lake Blvd., said that children will not be using the bunkhouse for a classroom every day. If they use the facility it would be used by 9 year olds and older students who will come and go. The experience of being in this environment is an integral part of the child study program because of the relationship to ecology. The students will be on the main campus part of the time. Planning & Zoning Commission Minutes - August 23,1999 Page 4 of 11 Dee-Dee Huffman, 2601 Highland Meadows Drive, said that when they moved to the area, they chose the location because of the farm and they thought that the area was already zoned AG. Linda Newton, 6107 Lansford Lane, said that she speaks as a friend and a citizen and advised the Commissioners to vote for the AG zoning. She said that there is not a lot of AG zoning uses left in the city. She said that Beth Joseph is a good business woman, but more importantly, she is a good mentor. She said that this is a good opportunity to retain a portion of property that is reflective of what Colleyville used to be. She encouraged the Commission to not consider the school use because it is a separate issue. Former Mayor Richard Newton, 6107 Lansford Lane, said that he speaks as a friend, and a Highland Meadows resident and former homeowner's association president. He gave the history of the zoning changes for Highland Meadows. Former Mayor Newton said that this property and the use of this property is a jewel in Colleyville and is unique. The houses that developed around the property did so after Beth's use was in place. He said that the school is a secondary issue and recommended that the Commission not consider a PUD with conditions because the conditions would need to be defined and that would lead to possible over regulation of the business and use of the property. Natalie Newton, 6107 Lansford Lane, said that she has been helping with leading ponies for Beth Joseph for two years and she has never heard any negative feed back. She said that this is a place to get away from the community that is growing too fast. Natalie said that Beth Joseph gives exposure to the country and pleasure for young children. Councilman Ginny Tigue, 4415 Meandering Way, said that this place makes Colleyville special because of the country like atmosphere. She said that when surveys were conducted for the Master Plan, the citizens wanted country like atmosphere and agricultural uses, and Beth Joseph's business helps achieve it. Commissioner Fletcher asked Councilman Tigue if she thought a PUD-R with limited provisions would be problematic. Councilman Tigue said that she does not want to complicate the matter and would need to meet with staff and the applicant to research. Commissioner Fletcher said that he would support a PUD-R with minimal restrictions. Rowlan Ballard, 2509 Highland Meadows Drive, said that he is in favor of the current use and would support AG zoning. Kathryn Brown, a volunteer at the horse farm, said that she supports the AG zoning change and the horse farm is a wonderful place to be. Dave McKendry, 5401 Sycamore Court, said that sometimes the best legislature is no legislature at all. He said that the horse farm in Colleyville is similar to two friends with a need that help each other out. The horse farm is good for the city and the city needs to allow them to exist. Eric Grubbs, 6901 Longwood, said that he is in favor of the AG zoning, and everything on the list fits that districts. He said that the residents of the city want this to remain an agricultural use. Planning & Zoning Commission Minutes - August 23,1999 Page 5 of 11 Angie Boyett, 3107 Mustang Drive, Grapevine, said that she has worked with Beth for 4 years and doesn't have any other places to go and relax. She said that she wants the farm to stay and the property to be zoned AG. Kip Whitman, 3402 Southgate Circle South, said that this is a rare piece of property and a consideration for Beth Joseph would be if she were to grant deed the property to eliminate pigs so that raising pigs would no longer be a consideration on this property. Jessie Lathrop and his sister, 2402 Wilkes Drive, said that he works with Beth and if the business was lost, it would be a personal loss to them. Linda Newton, spoke again and said that often times the function of the P&Z Commission is planning and they need to consider taking objectionable AG zoning uses out of the permitted use chart. Julie London, 600 Logan, Southlake, said that there are no long term plans to keep students from the Montessori School on the property. Holly McKendry, 5401 Sycamore Court, said that she is in favor of the use and AG zoning. Bob Gammon, 3650 Pool Road, gave the history of how the property became R20 for the purpose of future development of Highland Meadows. He said that there are sometimes 20 cars going in and out of the farm for parties and sometimes there are buses bringing children to the farm. Mr. Gammon said that the business keeps getting larger and then the potential use of the property for school classrooms came to his attention. He said that he has problems with the noise from the crowds and the parties. He said that surrounding properties may not be as greatly affected by the noise and traffic as he is, because his property is along the entire length of Beth's property and since there is a commercial use of the property, adequate screening should be required. He said that with the amount of buses and cars entering and leaving the property, and with charging customers for birthday parties, this is a commercial business not an agricultural use. There being no one else present wishing to speak, the public hearing was closed. Chairman Hart asked for comments by the Commissioners. Commissioner Fletcher said that he felt that his mind was made up prior to the public hearing, but by hearing everyone speak, he realized that the horse farm is something that is very unique to Colleyville. He said that he did not think that the Commission should do anything to change the use on this parcel because the benefit it brings to the community. He believes that there will be rewards for many years to come by everyone who participates in the activities at the farm. He said that he believes a zoning change needs to be considered that has minimum restrictions relating to daylight hours, limiting any classroom activity to one year calendar date so that there is assurance that the use will not continue for a long period of time. He also said that he would like time to think about any other restrictions that need to be considered. Commissioner Fletcher said that his intent would be to leave the horse farm exactly the way it is, and he is not sure whether AG or PUD zoning would be best to accomplish this. He said that staff brought up some good points on PUD-R and the capability of the PUD-R district to accommodate the use and this district would not change anything. He said that he wanted staff to work with the owner to develop Planning & Zoning Commission Minutes - August 23, 1999 Page 6 of 11 a list and at that time the Commission would have an opportunity to debate any restrictions as they are proposed. He is inclined to rezone the property to a PUD-R, but he would like to hear what the rest of the Commissioners have to say. Chairman Hart asked Barry LeBaron if the school could use a classroom on the property for a limited time until the new facilities on the Hall Johnson site are built, if the property were zoned AG. Barry LeBaron answered that the potential use by the Montessori school gets down to needing to establish the definition of curriculum. He said that initially staff thought that the purpose of having a school on the farm property was associated with the horse farm riding school activities and that the children from the school were primarily learning farm culture type activities. He said that if the curriculum is expanded that it may meet the definition of a private school. If it is determined that this is a private school, the intent of the zoning ordinance states that it should be located in a commercial zone with a special use permit. He said that there is a logical reason for private schools being located in a commercial district, but to take a piece of the definition and put it in an agricultural district would be a real stretch and that is the reason that he suggested a PUD. He said that a PUD gives an opportunity to address the types of uses within the ordinance, whereas clearly one of the types of uses is not allowed in an AG zoning district. Mr. LeBaron said that one of the questions to be raised is, "How many students constitutes a class in a school?" He said that Beth Joseph is only talking about 5 to 6 children and he thinks of a school being at least 30 students because traditionally class sizes are 20 to 30 students. He said that If you had 5 to 6 kids over to your house playing with your kids, you wouldn't have a school. Commissioner Rutherford said that he is leaning toward Commissioner Fletcher's opinion. He thanked everyone for coming to the meeting and speaking. He said that if they do recommend a PUD-R, they would only place minimal restrictions on the ordinance and not change anything. He said that the key is "minimal" and this would give the Commission parameters to address any concerns of neighbors who live nearby. He said that as far as "deeding back property" he does not have the knowledge to understand all of the legal ramifications of that procedure. Staff said that they would get together with the applicant to define enough parameters so that she would be comfortable that her use could continue. Commissioner Collins asked staff if it would be possible to zone the property AG and place restrictions on the property. Barry LeBaron said that he believed that when a zoning district is assigned to a parcel of property, all of the regulations that are associated with that category of zoning are imposed. He said that if you want to limit or exclude certain uses, you need to go to a PUD so that you can identify what those uses are. If someone goes to a zoning map, staff or anyone else can't identify if a parcel has other limitations on the use unless it is zoned PUD. If the zoning map indicates a PUD it gives an automatic signal to anyone who deals in planning and zoning that there Is something unique about the zoning and the ordinance needs to be researched that is associated with the PUD. He has always advised commissions and councils not to zone something in a straight zoning district and exclude uses because they do not like those uses. If uses in a certain district are objectionable, the zoning ordinance needs to be amended to take those uses out as was Planning & Zoning Commission Minutes - August 23, 1999 Page 7 of 11 suggested previously. Not as it applies to this piece of property, but as it applies to the entire zoning category. Commissioner Berges asked staff to define the additional cost and time to the applicant if they chose to delay and come back to the Commission with a PUD-R. Barry LeBaron responded that there would be no additional cost, and if the Commission's recommendation was to table the case or were to recommend to Council something else, they should ask the applicant how that two week delay would fit into her plan. He said that he believed that the applicant wanted to expedite a decision and time may be an important factor. Commissioner Hill said that the applicant has not indicated that she wants another zoning category. He said that he is inclined to grant a change to agricultural zoning, but he also understands the deliberations by the other commissioners and he would not be opposed to a change to PUD-R so long as it have minimal restrictions. He thanked everyone for coming to the public hearing and he doesn't want to lose this jewel in the town and he certainly doesn't want to create any more trouble than is necessary. Commissioner Berges requested that the applicant be asked what a two week increase in the timeline would mean to her establishment. Beth Joseph said that she understood from staff that she could continue with her classes that students are already enrolled in. Commissioner Fletcher asked the applicant if she would meet with staff in the next two weeks to work out any problems or to define the current use so that they can write a PUD zoning change. Beth Joseph said she did not have a problem with the request. She asked if the property were zoned AG and if someone complained about a use, could the city make her stop doing business. Barry LeBaron responded that if there was a complaint, the zoning district regulations would be enforced. Chairman Hart asked former Mayor Newton to come to the podium to speak. Former Mayor Newton said that the easiest thing to do and what would protect the City and the citizens the most would if the property were zoned AG, the City does have the authority to stop any activity that is not consistent with the AG zoning. Therefore, if Beth Joseph was conducting classes and anyone complained about it, the City could come in and say not to do it anymore. He said that classes are a totally separate side issue and they are very temporary and the applicant may want to take the risk that no one is going to complain. He said that the City is covered for everything and can stop the classroom use. Commissioner Fletcher said that typically AG zoning was used as a holding zoning to see what the property would develop as, and by down zoning to AG the property uses are being opened up. He said that everything could be accomplished by rezoning to a PUD-R and not have any changes to the use. He said that then the zoning would be clean in the books and legal and he doesn't see a problem with PUD-R zoning. Planning & Zoning Commission Minutes - August 23,1999 Page 8 of 11 Commissioner Berges agreed with Commissioner Fletcher and said that it would be best in the long run for the applicant to take the time to do a PUD-R. Beth Joseph said that all along she thought that her property was zoned agricultural and she has conducted her business under that belief. She said that unlike most businesses, her phone number is not listed in a directory. She said that her business is working as small as it is and that she has even denied some newspaper interviews because she doesn't want anymore publicity. She asked if a zoning change will generate publicity. The Commission said that it would only if she sought the publicity. Chairman Hart told the applicant that the Commission makes a recommendation and then the case goes to the Council. He said that if there would be any publicity, it would be at the Council level. Commissioner Fletcher moved to table Case Z-99-054. Commissioner Collins seconded the motion. The vote being: Ayes: Rutherford, Berges, Collins, Fletcher, Hill, Hart Noes: None 7. PUBLIC HEARING - 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 Barry LeBaron presented the case to the Commission. Chairman Hart opened the public hearing. Those present wishing to speak were: Bob Gammon, representing the case. He gave the history of how the property became R20 and said that they initially wanted to sell lots, but the downturn in the economy in the 1980's prevented that from happening. He said that they have had animals since 1986 and he wants to build a building to be used for animals with a ring in the center and for storage for his trailers and would have 8 big doors on the other side. He said that he needed a place for his "toys". He said that he got a letter from Barry in June saying that he could build an accessory building up to 29,664 s.f. based on the area of land he owns, but he can't get the 20' height he wants because the building can't be taller than the existing house. He said that he can't build the new house he wants until he builds the barn. He said that he wants to build a barn and then build a new house. He said that all building will meet the district set back requirements. He said that he doesn't want a PUD-R because all he wants is a barn for his animals and not a business. He said that he sent letters to all of his neighbors. Commissioner Fletcher asked Mr. Gammon what type of veneer he is proposing on the barn. Mr. Gammon said that the barn would be a metal building. He said that the purpose of the building is to store trailers, junk that he has saved, animals, and there will be no commercial use or rodeos in the arena. He said that they need big doors to accommodate longhorn cattle. Mike DeAngelo, 2602 Highland Drive, and he said that he probably lives the closest of any of the neighbors. He said that it is apparent that the property has always been an agricultural use and he has no problems or objections to the zoning change. Ed Hark, 2506 Highland Drive, and he said that he moved to their property because of Mr. Gammon's open property being behind him and it adds value to his property. He said that they Planning & Zoning Commission Minutes - August 23,1999 Page 9 of 11 did not put a stockade fence up so not to block the view. He supports the zoning change 100% and has no objections. Richard Newton, 6107 Lansford Lane, said that he is a proponent of this property also going to AG zoning and as a resident of Highland Meadows subdivision, he is a very big proponent of more open space. He said that the City had many pieces of AG property and it has been a holding pattern and an original zoning for many pieces of land in the City. He told the Commission to not vote for AG out of fear, because as a homeowner he would rather see AG around him than PUD or anything else. He said that he is not aware of any place in town that has problems because of AG zoning. There being no one else present wishing to speak, the public hearing was closed. Commissioner Fletcher asked staff how large of a building could the applicant build without a zoning change? Barry LeBaron responded that he believed it was 10% of the lot area which would relate to 28,000 s.f. to 29,000 s.f. on 6+ acres. He said that there is a restriction that the height of the accessory building could not exceed the height of the main structure. Barry LeBaron said that he is concerned about the kinds of structures that are allowed in an AG zoning district because due to their size, they often times lend themselves to doing things later on that are not agricultural related. He said that he's seen accessory building become great places to rebuild automobiles, cabinet shops, and other light manufacturing uses and they have a potential to become a big problem. He said that the structures become problems rather than the agricultural activities becoming problems. Commissioner Fletcher asked if the zoning change was denied, could the applicant build a 13,000 s.t. accessory building? Barry LeBaron said that he could but he still could not have the agricultural activities that he has. Commissioner Rutherford said that he thought the Commission should table the case and the applicant apply for a PUD-R. Commissioner Fletcher said that the applicant stated he did not want a PUD-R. Commissioner Hill said that the one thing an AG district would do is prevent the applicant from selling to somebody to put single family homes on the property. The agricultural nature of the property would still stay in place and it would help keep open space in the City. Bob Gammon asked if he could put a provision into the barn building permit that if he ever moved from the property, the barn would need to be torn down so that the structure could not be used for anything other than a barn. Commissioner Fletcher asked Mr. Gammon what the purpose of AG zoning is if he can build a barn in R20 zoning? He said that he uses the property as AG. Barry LeBaron said that the type of building that the applicant wants to build has stalls and stables and they are not a permitted use in R20 zoning. Commissioner Hill asked if Mr. Gammon could have animals in R20 zoning. Barry LeBaron said that he was not aware of animals on the property prior to the public hearing, and they are not permitted in R20. Mr. Gammon said that the animals have been on the property before the property was zoned R20 and could possibly be grand-fathered. Mr. LeBaron said that additional animals rather than the original animals on the property at time of the R20 zoning change may not be allowed and an opinion by the city attorney may be needed. Planning & Zoning Commission Minutes - August 23,1999 Page 10 of 11 Commissioner Fletcher asked if roosters were allowed in AG zoning. Barry LeBaron said that roosters are allowed in AG zoning. He said that applying a nuisance or noise ordinance would be much more difficult to apply to an animal than a machine shop. Chairman Hart moved to table Case Z-99-056. Commissioner Rutherford seconded the motion. The vote being: Ayes: Rutherford, Berges, Collins, Hill, Hart Noes: Fletcher Commissioner Hill requested that staff determine if the current existing uses of the property are in violation of the R20 zoning district. He said that he would like to know the compelling reason to rezone this property to AG. He said that he felt in the prior case that the compelling community reason was to give back to the community. He told Mr. Gammon that "Not that you aren't a great property owner and tax payer." He said that he just couldn't see a reason to rezone and would like an interpretation if the animals are allowed. Barry LeBaron said that interpretation of the zoning ordinance is a function of the Zoning Board of Adjustment. 8. PUBLIC HEARING - A Combination Plat for Lots 1 R1 & 1 R2, Tropicana Fuels requested by Philip Morrissey, Triple A Beverage Inc., being a replat of a portion of Lot 1, Block 1, Tropicana Fuels located in the 7100 block of Colleyville Blvd., east side of street. Case P-99-062 Clayton Husband presented the case to the Commission. Chairman Hart opened the public hearing. There being no one else present wishing to speak, the public hearing was closed. There was no discussion by the Commission. Commissioner Rutherford moved to approve the plat, Case P-99-062. Commissioner Collins seconded the motion. The vote being: Ayes: Rutherford, Berges, Collins, Fletcher, Hill, Hart Noes: None A. Staff comments, reports and discussion items: There were none. 9. Commissioners' comments and reports: Chairman Hart presented a plaque to outgoing Commissioner Berges. ADJOURNMENT: Commissioner Berges moved to adjourn the meeting at 9:40 p.m. Commissioner Collins seconded the motion. The motion passed by an "Aye" voice vote. Planning & Zoning Commission Minutes - August 23,1999 Page 11 of 11 Respectfully Submitted, .~~ ~ofstrom Planning & Zoning Assistant Approved on: ~ 1.:3 /99 as submitted. ?f NOTE: As a matter of public record, an audio recording of the above Planning and Zoning Commission meeting is available upon request. [ jh/min/0823pz.min]