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HomeMy WebLinkAboutPlanning and Zoning Commission-Minutes-8/9/1999 Planning & Zoning Commission Minutes - August 09,1999 Page 1 of 9 The regular meeting of the Planning and Zoning Commission was called to order by Vice Chairman Fletcher at 7:00 P.M. on August 09, 1999. Roll Call: Present: Juneria Berges, William Tyler, Bryan Hill, Jim Fletcher (Commissioner Collins arrived after roll call.) Barry LeBaron, Clayton Husband, Tom Niederauer, Jan Hofstrom Staff: Invocation: Commissioner Tyler Approval of Minutes: July 26, 1999 Commissioner Hill moved to approve the minutes of July 26th as submitted. Commissioner Berges seconded the motion. The vote being: Ayes: Berges, Tyler, Hill, Fletcher Noes: None [PLEASE NOTE: COMMISSIONER COLLINS ARRIVED AT 7:05 P.M.] 1. Revised Preliminary Plan for Lots 2RR & 6-12, Block 2 and Lot 3, Block 1, Heritage High School Addition requested by Mark B. Hannon, 9.72 acres & 2.14 acres located at Gateway Drive and State Highway 121. Case P-99-051 Staff presented the case to the Commission stating that this was a revision to a previously approved preliminary plan. The first preliminary plan was approved in 1995, revised in 1997 and final plats have been approved based on those prior preliminary plans. Mark Hannon was present to represent the case and stated that conditions have changed along Gateway Dr. and the street is developing into a very nice office area, which utilizes smaller lots than originally anticipated. Vice Chairman Fletcher asked Mr. Hannon if he was planning on rezoning the lots that do not meet the CC-2 requirements. Mr. Hannon said that he is anticipating that within the next two weeks an application would be made for rezoning. The owner never envisioned that the property along Gateway Drive would be sold as small lots, but that is what has happened to this point. Commissioner Collins moved to approve case P-99-051 subject to the note that reads Lots 2R, 6, 7, & 8 are being preliminary platted as shown with a minimum width of 100' at the building line in anticipation of a rezoning to CPO. Commissioner Berges seconded the motion. The vote being: Ayes: Berges, Tyler, Collins, Fletcher, Hill Noes: None 2. Combination Plat for The Sapphire Enclave requested by John Hawkins, 20.565 acres located to the east of Jewell Estates, north of Tinker Road. Case P-99-029 Planning & Zoning Commission Minutes - August 09,1999 Page 2 of 9 Staff presented the case to the Commission and explained that this plat was being brought forward in response to the city council's directive to submit a final plat that is consistent with the requested zoning district change that is currently pending with the council. The long delay that has taken place was due to the amount of time required for the developer to prepare the necessary plans to comply with the subdivision regulations. Vice Chairman Fletcher asked if this plat could be approved subject to the final approval of the Monterra subdivision. Barry LeBaron said that if the Commission wanted to do that then the City Council would need to consider that as part of the Commission's recommendation. Commission Tyler questioned if staff had advised the developer of staffs thoughts that the timing of the plat was not correct and how the developer responded. Staff said that the developer was present and it was appropriate to ask him those questions. David Washington, the engineer for John Hawkins, was present to represent the case. He stated that the staff briefing is accurate. All Development Review Committee comments have been addressed and the plat does meet the technical requirements of the zoning ordinance and subdivision regulations. The Council did table the zoning request and it has been tabled for some months waiting for this final plat to get before the Commission and Council. He said that consequently, the zoning is not an issue and the zoning will hopefully be approved and then the plat immediately thereafter. The only remaining issue being access. He said that there has been a lot of discussion with the Jewell Estates residents and there is only an emergency access gate into their development and they fully intend to honor that agreement. He said that a note on the plat exists stating no access or construction traffic is permitted through Jewell Estates. He spoke about the timing with the Pulte project known as Monterra and Mr. Hawkins is fully aware that he will have to work with Pulte to get access to this property. He said that Mr. Hawkins has every reason to believe that the Pulte project will be constructed and on that basis he would like the opportunity to start construction of his property so that his construction can be completed in the same time frame as theirs. Otherwise, they will be sitting waiting until the Pulte project is 100% completed before Mr. Hawkins can start. Mr. Washington said that they would like the Commission's approval so that they can move on to Council. He stated that the access problem is not a City problem, it is Mr. Hawkins' problem and he would like to go to work. Commissioner Tyler raised questions about the timing and if they can wait until Pulte completes street construction. Mr. Washington said that Pulte is currently doing utility construction and if Mr. Hawkins receives approval and begins utility construction, they would begin construction on streets when the Pulte streets are completed and will work with Pulte to get access through their property someplace for construction traffic. Vice Chairman Fletcher stated that no building permit could be granted until the streets were constructed and accepted by the City. Commissioner Berges expressed concerns about dwellings being constructed and no accessibility to the dwellings by emergency response vehicles. Mr. Washington said that they are requesting plat approval so that they can begin construction from the dirt down, nothing that will burn. He said that the City would never issue building permits for anything above ground, anything constructed of wood that could burn until the streets are constructed and approved. Planning & Zoning Commission Minutes - August 09,1999 Page 3 of 9 John Hawkins addressed the Commission and stated that he understands that Pulte has finally gotten approval for their drainage plan and believes that they will be moving quickly. He said that the sewer is already stubbed out to his property. Commissioner Tyler raised the question about what would happen if the Commission delays taking action on the plat. Mr. Washington said that it would possibly create a six-month delay in construction. He said that Mr. Hawkins already purchased the property and he would like to begin construction so that he can sell lots. Mr. Hawkins said that not being allowed to proceed now would create a problem for him and getting into the winter season for construction is not desirable due to bad weather. Vice Chairman Fletcher stated that he does not see the problem with having simultaneous construction of the infrastructure with both subdivisions. He said that if there are some restrictions of not being able to issue a building permit until Monterra is completed and accepted by the City, then Mr. Hawkins will have to work with Pulte on the timing and simultaneous construction of the infrastructure sounds like a logical progression. Staff raised the concerns that this is a gated subdivision that is at the end of a cul-de-sac that if it had access through Jewell Estates, it would exceed the number of lots that can be accessed, assuming Monterra never was completed. If Monterra does not proceed, the Council has already said that they do not want another subdivision that contributes to the number of lots at the end of the Jewell Estates addition. The risk is that they would be under construction together and Monterra goes "belly-up", then Mr. Hawkins would come back before the Council requesting a change in their position regarding access through Jewell Estates. Vice Chairman Fletcher said that he could understand staff's position, however if Monterra was not developed, Sapphire Enclave would be a completely different subdivision. He said that it would prove that Emerald Drive is a limited access for emergency vehicles only and is an entrance that that could not be used for construction vehicles as stated by the applicant. The only entrance is through Monterra and Sapphire Enclave is default and no building permits will be issued. Vice Chairman Fletcher addressed Commissioner Berges' concerns about fire protection. Commissioner Berges stated her concerns about a gated community and emergency response. Mr. Hawkins said that he had a comfort level that Pulte is a multi-billion dollar company, that they have many subdivisions being constructed around the United States at the same time and they are anxious to develop and sell lots in Colleyville. Vice Chairman Fletcher moved for approval on Case P-99-029 subject to the completion and acceptance by the City of Colleyville of the Monterra subdivision. Commissioner Collins seconded the motion. The vote being: Ayes: Tyler, Collins, Fletcher, Hill Noes: Berges 3. PUBLIC HEARING -- An ordinance to consider an amendment to the Subdivision Regulations to revise the Erosion and Sedimentation Control Regulations. Case Z-99-052 Planning & Zoning Commission Minutes - August 09,1999 Page 4 of 9 Staff presented the case to the Commission and explained that the current erosion control regulations were not producing desirable results. Staff stated that cities have to soil erosion into creeks and rivers to comply with EPA runoff standards. The proposed erosion control regulations will require a minimum siltation screening standard for all new subdivisions and when a building permit is issued. The new standard will require a twelve-inch plastic screen with welded wire mesh using metal poles on six-foot spacing. Staff explained that during the summer, meetings were held with area builders to obtain their comments. The Commission asked how many builders attended the meetings and if surrounding cities had been looked at to see what regulations they have in place and if they worked. Staff stated that as many as twenty builders attended these meetings and that surrounding cities only required some form of erosion control measure, but none had minimum standards. Staff explained that the proposed erosion control regulations are one of the chapters contained within the subdivision regulations and that any amendment to these regulations required a public hearing. Vice Chairman Fletcher opened the pubic hearing. There being no one present wishing to speak, the public hearing was closed. Commissioner Berges moved to recommend approval of the amendment as presented. Commissioner Tyler seconded the motion. The vote being: Ayes: Berges, Tyler, Collins, Fletcher, Hill Noes: None 4. Request of Rick Bradford for an Appeal of the Tree Mitigation Requirements for Lot 3, Block 1, Heritage High School Addition located at 5100 State Highway 121. Case SP-99- 006 Staff presented the case to the Commission stating that the applicant was building a new retail store on Highway 121 but had encountered problems with the site plan because the site is heavily wooded. Staff indicated that the applicant was seeking relief from mitigating 83 inches of trees. The Planning and Zoning Commission is authorized to approve this type of request according to the Tree Preservation Ordinance. Glenn Hahn, Innovative Developers, Inc., was present to represent the owner, Rick Bradford. He presented the case to the Commission. He said that three things impacted the development: A lot of trees on the site, the parking requirements, the right-of-way requirements on a state highway, and the landscape ordinance. They have added 34 new trees to the site. Mr. Hahn said that they would like relief on curb issues and would like to use paves to expand the islands in the parking lot in order to accommodate and keep the number of trees they have. He said that the State of Texas Agricultural Department recommends planting 3" in diameter trees rather than 6" in diameter trees because the survival rate of being transplanted is much better. They would like to amend their request and be allowed to not pay into the tree fund and plant 34 - 3" in diameter trees rather than 6" trees and donate an additional 34 - 3" trees to the City. He said that the lot is 450' deep and the existing trees are in the first 200'. Planning & Zoning Commission Minutes - August 09,1999 Page 5 of 9 Vice Chairman Fletcher said that he is intrigued by the donation of trees to the City, however the ordinance states that money would be placed into a fund and the City did not have a facility to store trees. He said that his interpretation of the Tree Ordinance is that it is not the intent of the ordinance to penalize people who are developing in highly wooded lots, but to preserve trees where the trees are in limited areas and to prevent a possible course of action by a developer to plow all of the trees down and begin construction. He can appreciate the problems stated by the owner and the cost over-runs on the project. He said that the Commission wants to see the development proceed as it will be an asset to the community. Unfortunately the City has a tree ordinance that in this case is very restrictive and he would be in favor of some type of break on the enforcement of the Tree Ordinance. Vice Chairman Fletcher asked staff if 3" in diameter trees were planted on the property rather than 6" trees being planted would it be a detriment to the project. Staff stated that it is a matter of perception, however staff is required to enforce the ordinances as they are written and the Planning and Zoning Commission is the relief mechanism for the owner. It is up to the Commission to make that determination. Vice Chairman Fletcher said that he would be inclined to approve the original request by the applicant, but the second request to plant smaller trees has not been presented in visual form and it is difficult for them to judge the request. He stated that he is intrigued by the idea of donating trees to the City for parks if this is a possibility. Vice Chairman Fletcher also said that if it makes sense to use pavers and no curb in order to save the trees and if the possibility that curbs could kill the trees, the applicant should file a variance request before the Zoning Board of Adjustment. Rick Bradford, 3113 Cedar Point, Grapevine, spoke regarding how the cost of planting trees has reached the saturation point and the project is over budget. Depending on other cost overruns, they may have to sell the lot and scrap the project, but they want to continue their business in Colleyville and grow the business by getting out of the lease shopping center into it's own building. Being a small businessman, the cost overruns have its limits. Contributing 83" of trees to the City at a cost of $110.00 per inch would put them even in more cost overruns. He requested a variance from having to donate trees and an acceptance of 34 - 3" in diameter trees. Commissioner Hill questioned the past history of cases coming before the Planning and Zoning Commission. Staff told Commissioner Hill that the Commission considered the site to the north as they presented a tree preservation plan that established parameters of trees to be saved on the property and it was approved and told of several others. Commissioner Berges said that she could support the plan that is submitted and there is a need to buffer the school and trees could be planted in the back of the property. Vice Chairman Fletcher said that some cases that have come before the Commission were based on intent. If they have a developer show their intent to preserve the trees and follow it with action, it is looked somewhat more favorably over someone who had an opportunity to improve a site and made little effort to retain the trees on the property. He stated that that has not always been the case before, and those cases the Commission issued very severe penalties were because the developer did not follow through with their commitments to preserve the trees. Planning & Zoning Commission Minutes - August 09,1999 Page 6 of 9 Commissioner Berges moved to approve SP-99-006 as submitted. Commissioner Tyler seconded the motion. Vice Chairman Fletcher stated that it is his understanding of the motion that the Commission grants the applicant a waiver on 83 caliper inches of replacement of the trees, however the other requirements of the Tree Ordinance will remain in place. Commissioner Berges agreed. Commissioner Hill asked the applicant if they were just trying to put as many trees on the bald part of the property as he possibly can to increase the required inches. The applicant stated that the bald part of the property is for the main pad of the building and the water retention area also. He said that every area has a function. The trees in the front of the property are mostly 18 to 20" oaks and they are doing everything possible to preserve them. They only hope that the business is somewhat visible from the highway. Mr. Hahn said that they originally submitted a plan with 34 - 3" trees and then changed it to 6" trees in order to increase their figures. He said that 3" trees are good size trees and they are healthier than the 6" trees. Mr. Hahn said that they would hope that the request could be amended to 3" trees. Vice Chairman again said that they did not have a visual comparison for the difference. He asked Commissioner Berges if she wanted to amend her motion. Commissioner Tyler asked if they changed the motion to give the applicant some relief from the 6" trees to the 3" trees, could the Commission put in some type of stipulation similar to the Walgreen's site, that staff will review the plan in a few years to determine what trees need to be replanted. The applicant proposed that if in 4 to 5 years the 3" trees did not grow to 6" trees, they would consider replacing them with 6" trees and they would have a better chance of survival of trees. Staff told the Commission that the Ordinance required any trees that die have to be replaced. This provision falls under the maintenance section of the Landscape Ordinance. Commissioner Berges asked if the applicant wants to retract their case and present another plan. She said that she could only recommend approval on the plan as submitted. Chairman Fletcher asked the applicant if Mr. Hahn wanted to table the case and submit another plan. Mr. Hahn stated that Mr. Bradford needs to get a building permit and a wait will impact that process and asked the Commission to grant a plan that is 34 trees at 3" rather than 34 trees at 6". Vice Chairman said that he is inclined to vote for the motion before them and if they want another plan they should ask for the case to be tabled. He called for a vote. The vote being: Ayes: Berges, Tyler, Collins, Fletcher, Hill Noes: None 5. TABLED ITEM -- PUBLIC HEARING - Zoning change requested by David Whisenant, from R20 to PUD-R on 27.166 acres located on the north side of Glade Road in the 1100 -1200 block. Case Z-99-031 Planning & Zoning Commission Minutes - August 09,1999 Page 7 of 9 Commissioner Berges moved to remove the item from the table. Commissioner Collins seconded the motion. The vote being: Ayes: Rutherford, Berges, Tyler, Collins, Fletcher, Hill, Hart Noes: None Staff presented the case to the Commission and explained that the rezoning request had been tabled to allow the applicant to incorporate a 20 foot buffer strip along the north side and to allow staff to comply with re-notification and advertisement requirements. Mark Howe was present to represent David Whisenant. He explained the additional 20' buffer that has been incorporated into the zoning change request, which would ultimately created a 40' buffer from any future commercial development since the property to the north would also need to provide a 20' buffer from residential development. The Homeowners Association will maintain all open spaces. Vice Chairman Fletcher requested that Mr. Howe explain the demographics of the subdivision. He said that the single-family homes would be $400,000 to $450,00 high quality dwellings and the open spaces will be highly landscaped. There will be an emergency access gate at Glade Road. Commissioner Collins questioned why the development does not meet the requirement for a PUD- R as established by the Master Plan. Mr. Howe responded by siting amenities being offered by the developer and the significant cost of drainage and the improvement this will create to the adjoining residential properties consideration needs to be given to lot sizes and density. Vice Chairman Fletcher opened the public hearing. Those present wishing to speak were: Tim Dacey, 1112 Glade Road, speaking on behalf of his father-in-law Bernie Crowder and Mr. Crowder's daughter Carol. He said that Mr. Crowder's property is east of the development and said that high-end housing is more desirable in an area that is conducive to foot traffic rather than what is proposed by the Master Plan. He told the Commission that they have an opportunity to create a win-win situation for the sellers and the developer and for the surrounding property owners; Terrance Grisso, 1205 Glade Road, has concerns about high density and lack of space between houses. Property values, aesthetic values preferred by Colleyville residents, and lack of regard of requirements for a PUD-R. He said that this subdivision meets only 1 out of 8 criteria for a PUD-R and does not want it approved; Harvey Collins, 5013 Oak Timbers, said that the developer has worked with the neighbors and he is now in support of the plan. He said that his life style will be much better with this development behind him rather than offices as proposed by the Master Plan; Maurine Wellman, 1204 Glade Road, agrees to the plan and believes that it is pleasing to the community. She said that people want smaller yards and the river walk and gazebo will add beauty; and Planning & Zoning Commission Minutes - August 09,1999 Page 8 of 9 David Hannah, 200 W. Mill Valley, questioned the validity of the Master Plan requiring commercial development such a far distance from Colleyville Blvd. He stated that a commercial use is not feasible in the area. He said that high-end rooftops will support future commercial development and hasten the growth of commercial development. There being no one else present wishing to speak, the public hearing was closed. Vice Chairman Fletcher called for a motion. Commissioner Berges said that even though she normally stands behind the Master Plan, in this case she moved to recommend approval of the zoning change as submitted. Vice Chairman Fletcher seconded the motion. Vice Chairman Fletcher asked for discussion. He said that he wanted to commend Mr. Howe for his efforts in responding to the suggestions made by the Commission as they have heard the case several times. He said that he is not 100% in favor of the plan since it falls short of the PUD-R requirements. He feels that through deliberations, the developer provided additional setbacks to the north and an increased setback along Glade Road to create a better visual barrier on Glade so that traffic going down Glade Road will not see a brick wall that creates a tunnel effect. He said that citizens will experience an open effect with the landscaping open space. Vice Chairman Fletcher said that additional acquisition of property to the north ultimately creates a 40' landscaped buffer between residential and commercial developments and this is important because of complaints by citizens in other cases they have heard stating opposition to residential lots being near commercial development. He said that the close proximity to a major thoroughfare will not increase the traffic significantly on feeder streets and it will be good for other business and hopefully spur commercial development. He said that there are not too many cases where the Commission varies from the PUD ordinance, but overall this will be good development and a positive for the City. The vote being: Ayes: Berges, Tyler, Fletcher, Hill Noes: Collins 6. Staff comments, reports and discussion items: Staff advised the Commission of the upcoming training program sponsored by the Midwest Section of A.P.A.. Barry spoke about potential revisions to the Tree Ordinance concerning "trash" trees. 7. Commissioners' comments and repots: There were none. ADJOURNMENT: Commissioner Berges moved to adjourn the meeting at 8:55 p.m. Commissioner Hill seconded the motion. The motion passed by an "Aye" voice vote. Planning & Zoning Commission Minutes - August 09,1999 Page 9 of 9 Respectfully Submitted, (~ Planning & Zoning Assistant - App roved on: I'J y I ;)~/ 9 <1 cALa. ....-o<<.--6-n. ....cr--u<- -?)I . NOTE: As a matter of public record, an audio recording of the above Planning and Zoning Commission meeting is available upon request. [ jh/min/0809pz.min]