HomeMy WebLinkAboutPlanning and Zoning Commission-Minutes-2/8/1999
Planning & Zoning Commission
Minutes - February 8,1999
Page 1 of 5
The regular meeting of the Planning and Zoning Commission was called to order by Chairman
Short at 7:00 P.M. on February 08, 1999.
Roll Call:
Present:
Rob Rutherford, Juneria Berges, William Tyler, Tom Hart,
Mike Collins, Jim Fletcher, Jody Short
Barry LeBaron, Tom Niederauer, Clayton Husband,
Mike Soab, and Jan Hofstrom
Staff:
Invocation:
Commissioner Berges
Approval of Minutes:
January 25, 1999
Commissioner Rutherford moved to approve the minutes as submitted. Commissioner
Collins seconded the motion. The vote being:
Ayes: Rutherford, Berges, Hart, Collins, Fletcher, Short
Noes: None
Abstained: Tyler
1. Combination plat, Janice Estates, 2.89 acres of land located at 1708 Oak Knoll Drive.
Case P-99-008
Staff presented the case to the Commission. Following discussion, Commissioner Berges
moved to approve the combination plat, Janice Estates. Commissioner Rutherford
seconded the motion. The vote being:
Ayes: Rutherford, Berges, Tyler, Hart, Collins, Fletcher, Short
Noes: None
2. PUBLIC HEARING - Zoning Change from CC-2 (shopping center) to C-PO
(commercial professional office), 0.4953 acres of land located at 4009 Gateway Drive
(south side of street). Case Z-99-009
Staff presented the case to the Commission. Chairman Short opened the public hearing. Those
present wishing to speak were:
Able LaJoy, N. Richland Hills, had questions about the location of the property. There being no
one else present wishing to speak, the public hearing was closed. Commissioner Fletcher
moved to recommend approval of the zoning change from CC-2 to C-PO. Commissioner
Hart seconded the motion. The vote being:
Ayes: Rutherford, Berges, Tyler, Hart, Collins, Fletcher, Short
Noes: None
Planning & Zoning Commission
Minutes - February 8,1999
Page 2 of 5
3. PUBLIC HEARING - An amendment to 0-96-1053 site plan & conditions & a SUP to
allow the sale of alcoholic beverages for on-premise consumption, & a SUP to allow
the sale of alcoholic beverages for off-premise consumption, on 4.3057 acres at the
southeast corner of L. D. Lockett Rd. & Precinct Line Rd. Case Z-99-007
Staff presented the case to the Commission. Chairman Short opened the public hearing. Those
present wishing to speak were:
Doug Henderson, 3602 Lake Champlain, Arlington, representing the applicant;
Sam Carmack, 4208 Pembrook Parkway, W., Senior Pastor of Bear Valley Community Church,
spoke in favor of the buffer zone proposed by the developer. He requested a limitation of the time
that alcoholic beverages could be sold and suggested that no alcoholic beverages could be sold
after 10:00 p.m. or 11 :00 p.m. He wants to encourage a family oriented restaurant rather than
a sports bar;
Able LaJoy, 7909 Precinct Line Road, N. Richland Hills, said that he did not want a "honky tonk"
and would like to see a family oriented restaurant. He had concerns about L. D. Lockett extending
to Davis Blvd. and had questions about the potential widening and development of L. D. Lockett
Rd.; and
Linda Baker, 404 W. McDonwell School Rd., said that there are sight distance problems for exits
onto Precinct Line Road because of a hill on the road. She said that when she was involved in
the Western Gateway Plan and the Master Plan, they envisioned grander things than a
convenience store.
There being no one else present wishing to speak the public hearing was closed.
Discussion ensued by the Commission about curb cuts, design standard, landscape berms, traffic
patterns in the area, use of the remaining property, and the ability of the Commission to limit time
of alcoholic beverage sales
Kip Whitman, 3204 Crossgate Circle S., addressed the Commissioners concerns and questions.
Following discussion, Chairman Short moved to recommend approval of the request, subject
to a limit of one drive entrance along Precinct Line Road with a maximum of three
entrances upon review and approval of the Development Review Committee (DRC), and
limiting the hours of alcoholic beverage sales in the restaurant to no sale of alcoholic
beverages after 11 :00 p.m. throughout the week. Commissioner Berges seconded the
motion. The vote being:
Ayes: Rutherford, Berges, Hart, Collins, Fletcher, Short
Noes: Tyler
[NOTE: The Commission changed the order of the agenda and moved to item # 5.]
Planning & Zoning Commission
Minutes - February 8, 1999
Page 3 of 5
5. Request for Appeal of Tree Mitigation Requirements, 0.989 acres, Lot 1, Block 1, Emler
Swim School Addition located at 6125 Colleyville Blvd. (east side of street) Case SP-98-
013
Staff presented the case to the Commission. Jan Emler, 2201 LaVern, Arlington, was present to
represent the case. Following discussion, Commissioner Hart moved to approve the tree
mitigation plan that was requested by the applicant. (This action will require the applicant to
plant 12 additional 4 % caliper-inch trees.) Commissioner Fletcher seconded the motion. The
vote being:
Ayes: Rutherford, Berges, Tyler, Hart, Collins, Fletcher, Short
Noes: None
4. PUBLIC HEARING - Zoning Change from AG, R40 & R20 to PUD-R (planned unit
development-residential), approx. 255 acres of land located on the north side of
McDonwell School Rd., east of Herbert Rd. & west of Westcoat Rd. Case Z-98-031
Staff presented the case to the Commission and gave the history of the case. They discussed
the traffic impact analysis, environmental issues, and drainage issues with the Commission.
Chairman Short opened the public hearing. Those present wishing to speak were:
David Bagwell, developer, represented the case. He spoke about lot dimensions, the advantages
of developing the overall property as one project rather than separate parcels being developed
by separate developers, density, and general issues;
Delbert Campbell, 1012 W. Murphy Road, had questions about the potential use of Murphy Road;
Linda Baker, 404 W. McDonwell School Road, had concerns about traffic in the area and the
traffic generated by the construction of a new elementary school in the Keller I.S.D. She spoke
regarding the Western Gateway Plan and the need to increase values in the area;
Hank Wells, 413 W. McDonwell School Road, spoke regarding the dangerous curve in the road
on McDonwell School Rd., and the need to straighten the curve. He had concerns about the
location of the subdivision entrance and suggested possibly moving it closer to Remington Park.
He has concerns about increasing traffic in the area because it is already disastrous;
AI Zim, 72009 John McCain Road, expressed concerns about adding to the already problematic
drainage in the area. He presented plans that he stated were erroneous for Oakbrook Hills
drainage. He said that he and his attorney have contacted Mr. Bagwell regarding drainage for the
proposed project and he has not received a call back. Mr. Zim read from Vernon's Civil Statutes
and said that it is a crime to vote on the case if water is not diverted across his property. He
threatened to litigate against David Bagwell and the City if he has a problem because of water
coming off the proposed subdivision onto his property;
Carol Parker, 105 W. John McCain Rd., spoke about her children growing up in the area and the
environmental problems on the property. She said that there is currently black materials now
Planning & Zoning Commission
Minutes - February 8,1999
Page 4 of 5
coming out of the soil and the City should not take the sellers' word for the study. She said that
there is a 48' trailer buried on the property along with many tires. She supports staff's
recommendation to serpentine the roadways in the project and create cul-de-sacs to prevent
through traffic through the area onto John McCain Road;
Don Lee, and his wife who's family are descendents of the Cole family which owns 89 acres of
the property. He said that the project needs to be considered overall for residential use and the
use will increase the tax revenue for the City;
Craig Carson, 756 Bandit Trail, Keller, spoke regarding the heritage and history of the area. He
said that higher density does not fit as well as the older subdivisions do in the area. He attributed
the high property values to the lower density than currently exists in other cities. He has concerns
about traffic and stated that traffic is cumulative. He spoke regarding the impact of higher density
on the drainage problems. He also spoke about the need to maintain a minimum of 20% or more
of open space and the need to buffer the properties to the north. He said that without a
preliminary plan, the developer should be held to the minimum requirements for lot dimensions;
Diane Hensen; 6700 Herbert Street, had concerns about the potential increase in crime in the
area with the increase in dwellings. She said that the crime rate increased with the construction
of Precinct Line Road;
Scotty Benedict, 6908 Westcoat, said that his family has lived in the area since 1946 and is in
favor of the project and said that the City should not pass up the opportunity to develop the
property by a quality developer;
Hank Wells, 413 W. McDonwell School Road, addressed the future widening of McDonwell
School Road and suggested taking more property from the north side since the south side is
already populated, and said that the road should be widened before construction of the
development. He expressed concerns about future traffic problems;
AI Zim spoke again regarding the Master Plan and how the plan changed the recommendation
from the Western Gateway Plan to develop the area as R20 rather than R40;
There being no one else present wishing to speak, the public hearing was closed.
Discussion ensued regarding the need to evaluate the three traffic proposals; the need for input
from the Parks Board; opposition to varying the necessary lot dimensions without a preliminary
plan; elaboration of the environmental study; trail system connections; open space; and the future
of Murphy Road.
Commissioner Hart moved to table the case in order to receive input from the Parks Board.
Commissioner Rutherford seconded the motion. The vote being:
Ayes: Rutherford, Berges, Tyler, Hart, Collins, Fletcher, Short
Noes: None
Planning & Zoning Commission
Minutes - February 8, 1999
Page 5 of 5
6. Staff comments, reports and discussion items (to include the latest submittals).
A. P-99-01 0, A combination plat for 1 lot at 4009 Gateway Dr. The developer plans to build
a 1 story, 3,800 s.f. professional office building to be owned and occupied by a
computer software firm as their corporate headquarters. The zoning change related to
this case was heard as item #2.
B. SP-99-001, A site plan request for the above mentioned project at 4009 Gateway Dr.
(Site plans are reviewed and approved by the Development Review Committee.)
C. P-99-011, A combination plat for 2 lots at 5501 - 5509 Montclair Drive (east side of
street). There are two separate parcels, owned by one person, which were never
platted. The new owner plans on reconfiguring the interior lot line to create a more
suitable lot in which to build his dwelling on. The existing dwelling will remain.
D. Z-99-012, A request by the City to consider an amendment to the Colleyville Zoning
Ordinance No. 0-77-284, as amended, to amend Section 33.1 regarding Public
Hearing and Notification Requirements.
E. Z-99-013, A request by the City to consider an amendment to the Colleyville
Subdivision Regulations to amend Section 1, General Provisions, regarding staff
approval of amended plats and the definition of minor subdivisions.
Staff also updated the Commission on the change in packet format and agenda briefings.
7. Commissioners' comments and reports: There were none.
ADJOURNMENT:
Commissioner Hart moved to adjourn the meeting at 9:25 p.m. Commissioner Rutherford
seconded the motion. The motion passed by an "Aye" voice vote.
Respectfully Submitted,
Jan Hofstrom
Planning & Zoning Assistant
Approved on: 0 :t/;;"'':J../9' ~ ~6-nu-~ - 9'-
NOTE:
As a matter of public record, an audio recording of the above Planning and Zoning
Commission meeting is available upon request.
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