HomeMy WebLinkAboutPlanning and Zoning Commission-Minutes-1/14/2002
PLANNING & ZONING COMMISSION
Meeting Minutes - January 14, 2002
Chairman Gasper called the regular meeting of the Planning and Zoning Commission to order at
7:00 P.M. on January 14, 2002.
Roll Call:
Present:
Jeffrey Wall, Bob Culley, Mark Jones, Bud Sellers, Mark
Hollis, Jo Ann Gasper
Absent:
Earl Swift
Staff:
Barry LeBaron, Clayton Husband, and Jan Levy
Invocation:
Commissioner Hollis
Pledge of Allegiance
Approval of Minutes:
December 10, 2001
Commissioner Culley moved to approve the minutes of December 10, 2001 as submitted.
Commissioner Wall seconded the motion. The vote being:
Ayes: Wall, Culley, Jones, Sellers, Hollis, Gasper
Noes: None
1. A Minor Plat of Lots 3R & 6, D.P. Arrington Subdivision requested by Donald Wilson, 1.4
acres located at 5106 Montclair Drive on the west side of the street, Case P-01-034
Clayton Husband presented the case to the commissioners. He showed them the location of the
lot and told them the plat will create two residential lots, one of which is for the construction of a
new residence. He said the property was rezoned to the R40 Residential district recently and
explained the size requirements for that zoning district.
Mr. Husband explained the minimum lot width requirement could not be met even though the
rezoning was approved with that understanding. He said the owner has requested a waiver of the
lot width requirement and staff is not opposed to a waiver for these two lots. He told the
commissioners that the surveyor has addressed all the DRC comments.
Commissioner Wall asked staff about the regulations in Chapter 9 of the Land Development Code
that state the City would not grant zoning for a flag lot. Staff and the commissioners discussed
what flag lots were and the possibility of further division of property on the lot.
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Minutes - January 14, 2002
Page 1 of 7- Approve" on January 28, 2002
Chairman Gasper moved to approve the minor plat subject to a waiver of the lot width
requirement. Commissioner Wall seconded the motion. The vote being:
Ayes: Wall, Culley, Jones, Sellers, Hollis, Gasper
Noes: None
2. A Minor Plat of Caldwell Estate requested by Randy & Kimma Caldwell, 3.897 acres
located at 301 Lloyd Circle, Case P-02-001
Clayton Husband presented the case to the commissioners. He told them this is a 3.897 -acre
parcel of land that had never been platted and he spoke about the location and zoning of the
property. He said the surveyor has addressed all the DRC comments and staff recommends
approval.
There was no discussion by the commissioners regarding this item.
Chairman Gasper moved to approve the minor plat. Commissioner Wall seconded the
motion. The vote being:
Ayes: Wall, Culley, Jones, Sellers, Hollis, Gasper
Noes: None
3. A Preliminary Plat of Westcliff requested by The David Bagwell Company, 109.6 acres
located on the north side of McDonwell School Road, west of Westmont & McPherson
Dairy, Case P-02-002
Barry LeBaron presented the case to the commissioners. He showed them the location of the
property and explained the name change of the subdivision from Glenwood to Westcliff. He
explained that the regulations state a final plat needs to be presented within a twelve-month time
period after preliminary plat approval and the preliminary plat for Glenwood was approved on
August 8, 2000 and the time has expired so they are considering another preliminary plat. Mr.
LeBaron said this is generally the same layout that was proposed for Glenwood, however, it is
without the school sight.
He told the commissioners how the developer has maximized the exposure of the open space, as
many lots back up to open space and the development could become a gated subdivision. He
said staff wanted an emergency access easement, as there are 67 lots with only one access. He
showed the commissioners a possible location, but said the developer chose another location that
connects Westcliff Phase II to Westmont and the fire department is very much in favor of this
location.
Mr. LeBaron explained that staff wants the 10' hike and bike pathway to extend from John McCain
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Minutes - January 14, 2002
Page 2 of 7- Approved on January 28, 2002
to McDonwell School Road. He said the Developer is proposing to connect the hike and bike trail
to the proposed McPherson City Park and the trail would be completed when the park is
completed. He said there is no set date for that to happen. Barry said the Homeowners
Association would maintain the private open space in the addition and the developer wants to
exchange a portion of the property at the city park location for credit on park fees. He said this
issue does not affect the layout of the preliminary plan and he showed the commissioners the
location of the green space along McDonwel1 School road and the location of the emergency
access easement proposed by the developer. He said the preliminary plat meets the
requirements of the zoning ordinance that established the PUD.
Chairman Gasper asked questions about the city parkland and the use of the detention pond.
Staff said the developer will have to retain the water and the drainage plan does not take the
proposed land to be given to the city into consideration. There were questions about the non-
severability in the PUD for the subdivision. Staff told the commissioners that Ross Foster, City
Attorney, provided the language in the ordinance. The commissioners discussed the hike and
bike trail, emergency access easement, crash gate, and the possible exchange of land. Chairman
Gasper asked why the ordinance was not siqned by the Mayor (Newton). Staff responded that
they did not know: however. the ordinance was noted that it became law after 7 days if not vetoed
by the Mayor.
David Bagwell, applicant, was present to represent the case to the commissioners. He explained
that he would be able to make the available right-of-way connection into the Westmont subdivision
for a connection for the emergency access that is needed and will supply a letter to the City.
Commissioner Wall asked Mr. Bagwell about the three lots in the Neidholt Addition and their
access to John McCain Road. David Bagwell responded that one lot has access with frontage
and the two lots to the west have a right-of-way agreement with the first lot to have access to John
McCain. He said this subdivision makes no change to the plat, as those lots would be on the
outside of the Westcliff gate.
The commissioners asked for an explanation of the proposed drainage for the subdivision.
Commissioner Wall said Bear Creek and its tributaries cause a problem for people in the area.
David Bagwell responded that it is unlawful for them to have water leave the site up to the 100-
year flood limit and they will comply with all regulations and include detention ponds.
The applicant's civil engineer for the Westcliff project, Eddie Eckart, explained that if the ponds
were full and there is a 1 OO-year storm, the water would come out of the ponds at the same rate it
falls. He said they are mandated to plan and build for 1 foot offree board above the requirements
and there is only a 1 % chance that will ever happen.
Chairman Gasper asked about the one acre of land the developer proposes to exchange with the
City and if there is detention on that land. Mr. Eckart responded that there is none and that
property was not considered in the drainage plan.
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Minutes - January 14, 2002
Page 3 of 7- Approved on January 28, 2002
The developer, David Bagwell, spoke about the construction of the trails, the cost of construct the
trails, and reasons they want to bring them to the park area. He said if they had to extend the
trails to McDonwell School Road, they would have to eliminate some other feature within the
addition. Commissioner Cully asked what would Mr. Bagwell be depriving himself or the
neighborhood of if he had to build the trails to McDonwell School Road. Mr. Bagwell said that
typically it would be some kind of embellishment.
Chairman Gasper said she feels there are a lot of things not completed yet with this preliminary
plat, like the location of the trails. Mr. Bagwell said it helps them to move things along and the
commissioners should make a recommendation with the plat.
Commissioner Wall asked when the last time a traffic study was done in the area. Barry said an
extensive study was done at zoning and the last consideration of the preliminary plat in response
to the question about the developer providing a link between McDonwell School Road and John
McCain Road. There was discussion about stop signs and turn lanes and the requirement by the
developer regarding aligning and improving McDonwell School Road and John McCain Road.
Barry LeBaron explained to the commissioners the purpose of a preliminary plat and how issues
may change when the developer presents a final plat. He said that the developer has met the
requirements of the open space established in the PUD for the development, and they have an
approved preliminary drainage plan.
Commissioner Gasper moved to approve the preliminary plat for Westcliff subject to the
developer providing a trail that will connect John McCain Road to McDonwell School Road;
and the developer will provide a letter of agreement of the connection of an emergency
access to the cul-de-sac in Westmont. Commissioner Jones seconded the motion.
Commissioner Wall said he would prefer to see the motion with just a notation to the City that the
Commission is sending it forward with that issue unresolved rather than trying to second guess
City Council on that issue or whoever else is going to negotiate the final design of the trails.
Commissioner Culley said he would much rather see the Commission approve the item and move
the preliminary plat on with that issue of trails still being up for negotiation rather than have them
impose specifically an extension of a trail through some property when it will be completed. He
said it could be in the best interest of the homeowners to receive some other considerations as
outlined by the developer.
There was discussion about if the case is sent to the Council with conditions, do those conditions
bind the City Council. Chairman Gasper asked how stuck are they on language in the motion
since it is a preliminary plat. Barry LeBaron told the commissioners that things may change at
final plat and their recommendation does not bind the Council. Chairman Gasper said she thinks
that having conditions in their approval is stronger than saying that they approve it and by the way
would like the Council to look at the trails. Chairman Gasper called for the vote. The vote being:
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Minutes - January 14, 2002
Page 4 of 7- Approved on January 28, 2002
Ayes: Jones, Sellers, Hollis, Gasper
Noes: Wall, Culley
4. PUBLIC HEARING - A Special Use Permit for a warehouse & distribution facility
requested by David Kaiser, Alliance Pharmacy, Inc., on Lot 8R, Block 1, Colleyville
Industrial Park, 1904 Industrial Boulevard, Case Z-02-001
Clayton Husband presented the case to the commissioners. He told them there would be no
external changes and this is an internal addition only. He said the zoning in the area is Light
Manufacturing and the area is already built out with commercial and industrial buildings. He said
staff has no additional SUP conditions to recommend and they recommend approval.
Chairman Gasper opened the public hearing. There was no one present wishing to speak. The
public hearing was closed.
Dwayne Young, the applicant's representative, spoke to the commissioners. He said that they
only receive deliveries from UPS and Federal Express. He said the business only sells products
to nursing homes and mental health facilities.
Commissioner Sellers asked Mr. Young if they would be anticipating any semi-truck trailer traffic.
Mr. Young responded that there is only a small warehouse space and most of the space is used
for office work. He said the same company is opening three sub-distribution centers and there is
no space for large trucks and the business is not designed for semi-truck trailer traffic. He told
them that the police department and fire department have reviewed plans and the interior space is
for office showroom and offices with an area for packing and mailing product.
Commissioner Cully moved to recommend approval of the special use permit.
Commissioner Wall seconded the motion. The vote being:
Ayes: Wall, Culley, Jones, Sellers, Hollis, Gasper
Noes: None
5. PUBLIC HEARING - A Zoning Change from AG to R20 Single Family Residential
requested by Laetitia Cox, on Lot 2, Block 1, Cochran Addition located at 5512 Montclair
Drive, Case Z-02-002
Clayton Husband presented the case to the commissioners and told them the reason the
applicant proposes the zoning change is to provide an appropriate building site for a single-family
residence. He told them they recently approved a subdivision plat for the property and the
applicants could not meet the side yard setbacks in the AG district to construct a house, but could
meet the side yard setbacks in the R20 Residential zoning district. He said the zoning exhibit
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Minutes - January 14, 2002
Page 5 of 7- Approved on January 28, 2002
meets all the requirements of the City and staff recommends approval.
Chairman Gasper opened the public hearing. There was no one present wishing to speak. The
public hearing was closed.
Commissioner Hollis moved to recommend approval of the zoning change request.
Commissioner Sellers seconded the motion. The vote being:
Ayes: Wall, Culley, Jones, Sellers, Hollis, Gasper
Noes: None
6. PUBLIC HEARING - An establishment of R20 Single Family Residential zoning, requested
by The City of Colleyville, on 1.42 acres that was recently annexed into the City located at
the west end of Live Oak Drive, Case Z-02-003
Barry LeBaron presented the case to the commissioners. He showed them the location of the
property and said on December 17, 2001, the City Council approved an agreement with the City of
Hurst, which adjusts the Colleyville-Hurst city limit line to incorporate the subject property, and the
change became effective on January 1, 2002. He told them there was no legal provisions for
zoning of annexed properties and most cities assign a category like Agricultural until someone
requests a different zoning category. Barry said since all the zoning in Colleyville east of the
subject property is R20 zoning and the lots are in that district's size requirements, staff
recommends R20 zoning on the property.
Mr. LeBaron told the commissioners that the City did not charge a fee for the zoning process since
it is the City's burden to establish a zoning district. He said staff sent out notification to property
owners within 200' of the property and advertised in the newspaper for the case.
Chairman Gasper opened the public hearing. There was no one present wishing to speak. The
public hearing was closed.
Chairman Gasper moved to recommend approval of the establishment of R20 zoning on the
property. Commissioner Jones seconded the motion. The vote being:
Ayes: Wall, Culley, Jones, Sellers, Hollis, Gasper
Noes: None
7. Discussion of a proposed ordinance for a financial disclosure and business conflicts of
interest statement requirements for elected officials, candidates and certain boards and
commission members and applicants for the individual, the individual's spouse and
dependent children.
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Minutes - January 14, 2002
Page 6 of 7- Approved on January 28, 2002
Barry LeBaron said that staff was open for any comments by the commissioners and would relate
them to the Council. The form or area that presented a possible problem was Form 7, reporting
items held by a trust. They said the language is so broad that it could be property anywhere.
There was discussion about property held in areas outside Tarrant County and also Colleyville.
Councilperson Dana Feldman was present and entered into the discussion was requested bv the
Chairman to answer Questions reQardinQ the proposed ordinance.
8. Citizens' comments regarding items not on the agenda.
There were none.
9. Staff comments, reports and discussion items.
Barry LeBaron further explained flag lots and said the commissioners may be seeing more such
lots in the future. They talked about urban design situations.
10. Commissioners' comments and reports.
Chairman Gasper asked staff to request that Craig Gandy change his zoning request from an AG
Agricultural zoning district to a PUD-C Planned Unit Development Commercial district.
ADJOURNMENT: The Commission moved to adjourn the meeting at 9:00 p.m. The motion
was seconded and passed by acclamation.
Respectfully Submitted,
Levy
lanning & Zoning Assistant
Approved on: January 28, 2002 as amended to add statements by Chairman Gasper to item
numbers 3 & 7.
NOTE: As a matter of public record, an audio recording of the above Planning and Zoning Commission meeting is
available upon request.
Planning & Zoning Commission
Minutes - January 14, 2002
Page 7 of 7- Approved on January 28, 2002