HomeMy WebLinkAboutPlanning and Zoning Commission-Minutes-7/23/2001 (2)
Planning & Zoning Commission
Minutes - July 23, 2001
Page 1 of 8- Approved on 08113101
Chairman Hart called the regular meeting of the Planning and Zoning Commission to order at 7:00
P.M. on July 23, 2001.
Roll Call:
Present:
Tom Hart, Jo Ann Gasper, Luann Edwards, Earl Swift,
Mark Hollis, Jeff Wall, Bryan Hill
[Note: Earl Swift was sworn in as Commissioner, Place
2 at the CIAC meeting that took place at 6:00 p.m.]
Barry LeBaron, Clayton Husband, Jan Levy
Staff:
Invocation:
Commissioner Gasper
Approval of Minutes:
July 9, 2001
Commissioner Gasper moved to approve the minutes as amended to expand the dialog on
item #3 and add the second and vote on item #5. Commissioner Hill seconded the motion.
The vote being:
Ayes: Gasper, Edwards, Swift, Hollis, Wall, Hill, Hart
Noes: None
1. A Minor Plat of Stewart's Grove requested by Larry Stewart, 2.00 acres located at 5201
Montclair Drive. Case P-01-020
Clayton Husband presented the case and reviewed the staff briefing. Commissioner Gasper
moved to approve the minor plat, Case P-01-020. Commissioner Hill seconded the motion.
The vote being:
Ayes: Gasper, Edwards, Swift, Hollis, Wall, Hill, Hart
Noes: None
2. A Final Plat of Heritage Glen Addition requested by Matt Torbit, Mady Development Corp.,
10.0 acres located at 3508 Glade Road. Case P-01-021
Clayton Husband presented the case and reviewed the staff briefing.
Commissioner Gasper said that the ordinance required Leyland spruce trees to be planted on 15'
centers. She said that in the future they need to look at how realistic planting requirements are
because Leyland spruce trees at maturity are larger than 15' centers. Commissioner Gasper said
that they need to look at mature measurements to assure the health of the trees.
Barry LeBaron asked the Commission to require a note on the final plat that all units must contain
an automatic fire sprinkler system. He said that this would assure that the regulation is told to
prospective buyers when the title work is done prior to purchase.
Planning & Zoning Commission
Minutes - July 23, 2001
Page 2 of 8- Approved on 08113101
Commissioner Gasper moved to approve the final plat of Heritage Glen Addition with the
addition of the note regarding the requirement for automatic fire sprinkler systems being
noted on the plat, Case P-01-021. Commissioner Hollis seconded the motion. The vote
being:
Ayes: Gasper, Edwards, Swift, Hollis, Wall, Hill, Hart
Noes: None
3. An Amended Plat of The Villas of Caldwell's Creek requested by Raman Chandler, located
on the south side of John McCain Road near Colleyville Blvd. Case P-01-012
Clayton Husband presented the case and reviewed the staff briefing. Commissioner Gasper
asked if the change in the easements would have an adverse affect on the drainage. Mr.
Husband responded that it would not. Commissioner Gasper moved to approve the amended
plat of The Villas of Caldwell's Creek, Case P-01-012. Commissioner Swift seconded the
motion. The vote being:
Ayes: Gasper, Edwards, Swift, Hollis, Wall, Hill, Hart
Noes: None
4. PUBLIC HEARING - A Special Use Permit for an Accessory Building requested by Jeff
Vanderpool, located at 601 Shelton Drive. Case Z-01-019
Clayton Husband presented the case and reviewed the staff briefing.
Commissioner Gasper asked if a super majority vote by the Council would be triggered because
of the number of signatures in opposition that were presented in the form of a petition if the
Commission recommend approval of the request. Staff responded that the calculations have not
been done on the project because it would need to be done for the City Council public hearing
and does not impact the vote by the Commission.
Commissioner Gasper asked what the maximum square footage of the total accessory buildings
allowed is on this size of property. Clayton Husband answered that the 1,750 square feet would
be the total allowed for all of the accessory building sizes combined. He said that they already
had an existing garage that is 600 square feet and they are proposing a 3,000 s.f. garage.
Commissioner Swift asked what is the potential use and purpose of the building? Clayton
Husband said that the applicant is best suited to answer those questions.
Chairman Hart opened the public hearing and asked the applicant or the applicant's
representative to speak first.
Jeff Bodily, 2106 Vintage Court, McKinney, Texas, was present to represent the case. He said
that he could not address the drainage issues. He said that the property was recently purchased
during the end of April and the small 600 s.f. garage is the only accessory building one the
property. Commissioner Swift said that there are four garages, being two bays in the main
dwelling and two bays in the accessory garage.
Planning & Zoning Commission
Minutes - July 23, 2001
Page 3 of 8- Approved on 08113101
Jeff Bodily said that one of the issues that have been raised is the intended use of the building.
He said that there is a lot of remodeling being done to the inside of the house and the concern
expressed about the expansion of woodworking operation is not true. He said that there is no
intention to and the owner of the property is a non-participating owner of a custom mill workshop
in Dallas, but the structure being proposed is solely for storage of automobiles and watercraft.
He said there would be no woodworking machinery stored in the building.
Jeff Bodily said that the existing accessory building was constructed in such a way that even
though it has two bays, the internal configuration only allows one vehicle to be placed inside. He
said that it has a sloped roofline on one side. He said that the proposal is so that the owner can
accommodate the other vehicles he has.
Commissioner Gasper asked for clarification on the number of accessory buildings currently on
the lot, excluding the house. Jeff Bodily said that there is just one, the small 600 s.f. on that is
located northwest of the existing house.
Jim Gleason, 600 Beverly Drive, said that the owner has four garages already. He said that the
doors look like double garage doors on the proposed building, which makes it 9 garage doors.
He said that even if he put five cars in the proposed building what would be done with the
remaining 1,500 to 2,000 s.f.? He said that it appears to him that they will run some sort of a
business out of there and he is very concerned about it. He said that he doesn't understand why
the applicant would need 3,000 s.f. of building with three separate drains for a five car building.
He said that it is a business waiting to happen. Mr. Gleason said that even if the applicant is a
car aficionado, and he needs to fill the building with twenty cars, if the property is sold in two
years, the next old boy will put a business in the building. He said that the neighbors would have
a heck of a time removing the business.
Bill Lothrop, 607 Shelton Drive, to the east of the property. He said that he has issues with the
building size is just short of 3,000 s.f. and a typical two car garage is approximately 400 s.f. Mr.
Lothrop said that in his opinion the request is substantial. He said that square footage of the
building and the flat work, that is driveway area and parking area equal to or greater than the
building itself, create substantial runoff on the neighboring property. Mr. Lothrop said that
everything on the street creates water that runs downhill from west to east and the neighborhood
has had substantial issues with water in the past. He said that they are concerned about the
amount of water runoff that will be created by the amount of flat work and the damage it could do
to the property nearby.
Mr. Lothrop said that the make up of the building being 3,000 s.f. of metal gives the appearance
of a commercial building. The building is larger in size that the Stowe Automotive building on
Pleasant Run Road and it will give the concept of a commercial building in a residential
neighborhood. Mr. Lothrop said that in his view and a ReMax realtor, the appearance of a
commercial building would negatively impact the property that it sits on and the neighbors resale
value. He said that it appears that the property is made up of two lots with one having the main
dwelling and one having the 3,000 s.f. building with lots of flat work from the street to the back and
the appearance is a detriment to the neighborhood.
Commissioner Gasper asked Mr. Lothrop if he had a written statement from the realtor. He said
that he did not, but he could forward one to the City Council. He said that the issue of the building
itself and the makeup of the building are also going to lead to substantial activity associated with
Planning & Zoning Commission
Minutes - July 23, 2001
Page 4 of 8- Approved on 08113101
a building 3,000 s.f. in size. He said the activity would be above the normal use one would see
in a typical residential neighborhood.
Marcella Gleason, 600 Beverly Drive, said that she is a real estate broker in private practice and
she also has a good friend, with Mike Bowman Century 21, and everything Bill Lothrop said is
true. She said that she could have a letter forwarded to the City from the Century 21 broker who
strongly discouraged the approval of the building because it is in a residential neighborhood.
Commissioner Gasper asked Ms. Gleason, as a real estate broker, what her professional opinion
is. Mr. Gleason said that she would discourage the building because they live in a residential
community. She said that the size, appearance, and activity are of great concern.
Bill Stephens, 612 Shelton Drive, said that the building has an apartment in it with a full size
bathroom, a work area. He said that he did some investigating on his own and talked to the
owner's partner. His partner said that the owner races Porches and that is why he needs the
building to store them and work on them. Mr. Stephens said that when he begins washing oil
down the floor drains into the sewer system, it could affect the horses on each side of the lot with
revving engines and noise. He said that the owner already has four garages and if he has six
porches that he races, he needs to find a building that is not in a residential community and needs
to go to a commercial property or buy himself a garage
Christina Childress, 512 Beverly Drive, southwest of the property. She said that she is speaking
on behalf of her husband and her 9%-month old child and believes that this garage could
eventually be turned into a commercial use even though it may be intended to store Porsches
now. She said that cars of that type always need to be tuned up and timed and this will not be
a quiet action and could be considerably loud for the residential area. She said that they use their
back yard and look across the land and this garage will totally impede their view. Ms. Childress
said that if they wanted a lot of buildings around their lot, they would have stayed where they
came from by the Tollway and HWY 635 in Dallas. She said that 2% years ago they were looking
for new homes and the house on Beverly was the last house they looked at and thought they
didn't want an older home until they walked the property. She said that they love the land so
much and don't want to look at steel buildings and more development. Ms. Childress said that
if this garage is allowed it could have a domino effect and there is too much concrete and too
much steel. She said that they are concerned about the potential solvents that would be poured
down the drains in the garage and how will it effect the land. She expressed concerns about
storage of chemicals. She said that her daughter loves to go outside and look at the Longhorn
cattle and the horses and now they would have a big view of the 3,000 s.f. building. She asked
the Commission to deny the special use permit.
Gary Quinn, 511 Shelton, west of the property. He said that currently they have an open area with
horses in the neighborhood and this garage will impede their view and be as large as most houses
in the neighborhood. He expressed concerns with potential noises and the effect it would have
on the livestock in the area. Mr. Quinn said that the large building and amount of concrete would
impede future sale of the property and not be aesthetically appealing. He asked the Commission
to deny the special use permit.
Norma Hensley, 608 Shelton Drive, directly across from the property. She said that they moved
to Colleyville 20 years ago for the country atmosphere with animals, horses and barns. She said
that the large steel building and concrete are a problem and she asked the Commission to deny
Planning & Zoning Commission
Minutes - July 23, 2001
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the special use permit.
There being no one else present wishing to speak, the Public Hearing was closed.
Commissioner Edwards said that they have heard a lot of talk about possible businesses and the
City has an ordinance that governs home businesses. She said that she did not remember any
type of automotive business is allowed and it would need to be something that is inside a home.
She asked staff to comment on the home business ordinance.
Barry LeBaron said that he oversees the Code Enforcement department and one of the most
difficult items to deal with relates to automobile related uses at a home. He said that what is one
man's hobby is another person's nuisance and working on one car may not be a problem, but
more could create a problem and nine would be a problem. Barry said that when you are dealing
with automotive hobbies, it is really difficult from a Code Enforcement perspective to determine
when it no longer is a hobby, but now a business. He said that there is lots of money in rebuilding
an old corvette and some people have three or four of them and it leads to taking them to car
shows to sell. Mr. LeBaron said that when Code Enforcement talks to the person and tells them
they are creating a problem in the neighborhood, they respond that it is only a hobby. He said that
specifically running an auto dealership in a neighborhood is prohibited and it is difficult to enforce
sometimes when you are dealing with each prohibited use on a case by case basis.
Commissioner Gasper said that she can understand the situation very well because they lived in
a house once where a neighbor raced one automobile. She said that when he was out between
10:00 p.m. to midnight getting ready for a race, they could hear the noise even though the person
did not live next door. She said that several people talked about two vacant lots and she asked
staff to explain because she understands that there is one platted lot.
Clayton Husband responded that the lot is platted as one lot, however it is zoned R40 and the
potential to split the property into multiple lots, there is enough room to split it into two lots.
Commissioner Swift said that there is a fence that runs down the middle of the property so one
gets the impression that there are two pieces, but it is only one. He said that the observation he
has is when looking from the street, this building would have a heavy commercial impression with
that much driveway and concrete.
Chairman Hart said that the applicant's representative had some other input and asked him to
come forward.
Jeff Bodily, the applicant's representative, said that the last thing that the applicant and his family
want to do is to move into the neighborhood and create a situation where the homeowners around
them are upset by them moving into the neighborhood. He said that the applicant initially talked
to some people and told them what he was thinking of doing and obviously the people he talked
to were a builder and architect.
Mr. Bodily said that to the best of his knowledge, the applicant has one automobile that he races
and he would never have more than that. He said that as far as working on the automobile, the
applicant does not have the expertise to do any tuning or repairs on site as it is all done some
place else.
Mr. Bodily said that the plan for the driveway shows concrete, but it could be changed to gravel
and this would address the drainage concerns and some appearance issues.
Planning & Zoning Commission
Minutes - July 23, 2001
Page 6 of 8- Approved on 08113101
Mr. Bodily said that the commercial appearance could be made to look like one of the barns in the
neighborhood, it would not have a commercial appearance. He said that there are a number of
large barns in the neighborhood. Chairman Hart asked him if there were any that size (3,000 s.f.)
and he responded that he is not sure what the size of the barns are.
Mr. Bodily said that as far as the building activity, the applicant can currently build a building that
is a little over 1,100 s.f. without requiring a special use permit. Chairman Hart said that was
correct. Mr. Bodily said that even with a 1,100 s.f. building there will be some activity on the
property and he is not sure that there would be more activity between a 1,100 s. f. building and a
2,900 s.f. building. He said that he understands the neighbors concerns with the drains in the
garage and potential pollutants, but the drains could be removed.
Mr. Bodily said that there was originally a plan that was submitted that showed the garage in the
area behind the existing residence. He said that depending upon where you live, it would be less
of an impact from the street rather than having an appearance that it is on a vacant lot. He said
that the way the zoning is addressed right now, if the lot was about 1/3 of an acre bigger, the
applicant would be able to build the proposed garage without triggering a special use requirement.
Chairman Hart said that is not relevant because the applicant does not have the additional
property. He asked staff what the maximum size allowed for an accessory building. Barry
LeBaron said that 2,500 s.f. is the total square footage allowed in the total accessory buildings
on the lot. He said that what every the applicant currently has in the existing detached garage
would be deducted from the 2,500 s.f. and the remainder is what the maximum square footage
would be allowed.
Commissioner Gasper asked Mr. Bodily if the owner would like the opportunity to reach some
agreeable accommodations with the neighbors because the applicant was led to believe that
everything was O.k. and obviously the neighbors say it is not O.k. Mr. Bodily said that absolutely
they would like to meet with the neighbors to address the concerns.
Commissioner Gasper moved to table Case Z-01-019 so that the owner can have an
opportunity to see if he can work out an agreeable reasonable accommodation with the
neighbors.
Chairman Hart said that he personally will not vote for the case being tabled and he wants to vote
on a motion tonight to either accept or deny the special use permit. He said that if the applicant
cuts his plans in half, he is back at 1,750 s.f. roughly and would be in compliance.
Commissioner Gasper said that she could not vote for the special use permit as proposed, but
she also has some sympathy for the property owner who is not able to attend the meeting to have
not heard the comments. She said that he may have decided that he may not want to pursue the
special use permit based upon the information given tonight.
Commissioner Hart asked staff if they deny the case tonight, what the time period for which the
applicant could bring back another application. Barry LeBaron said that the time period does not
apply to the P & Z. He said that if they deny it, the applicant would need to decide if he wants to
take it forward to the City Council to be heard. He said that if the City Council would deny it, there
would be a one year wait. Chairman Hart said that the applicant could come back with another
plan to the P & Z or meet the requirements. Barry LeBaron said that the owner would have to
deal with another application and application fee.
Planning & Zoning Commission
Minutes - July 23, 2001
Page 7 of 8- Approved on 08113101
Commissioner Gasper said that she could not live with the application as proposed, but she also
feels sympathy for the applicant.
Commissioner Hill said that he would second her motion and said that he sees where it is
going. He said that it sounds as if the applicant's representative has offered some tentative
wiggle and change room. He said he would be giving them a chance, based on the comments
from staff, the Commission, and the neighbors to go ahead and see if there is a workable situation
in the next couple of weeks.
Commissioner Edwards asked staff how much the reapplication fee would be. Staff responded
that the fee would be $500.00
Commissioner Hollis asked if the lot was split into two lots and the garage was built on the second
lot, would they need a special use permit. Staff responded that you cannot have an accessory
building alone on a residential lot.
The vote being:
Ayes: Gasper, Edwards, Hill
Noes: Swift, Hollis, Hart
[Note: four affirmative votes are required to approve.]
Chairman Hart moved to recommend denial of the special use permit, Case Z-01-019.
Commissioner Swift seconded the motion. The vote being:
Ayes: Gasper, Edwards, Swift, Hollis, Hill, Hart
Noes: None
Barry LeBaron advised the applicant, that he would receive a letter from staff, but within ten days,
if the applicant decides he wants to go before City Council, he will need to give staff a letter stating
that is what he would like to do.
Commissioner Gasper asked staff to what extent could the applicant make changes on his plan
with going forward to City Council. Barry LeBaron said that he could make changes however he
wants to go to City Council. Commissioner Hollis said that it would be to the applicants benefit
to meet with the neighbors and try to address their concerns before going to Council. Chairman
Hart told the applicant that it will take a super majority vote by the Council to approve the special
use permit. Commissioner Gasper asked staff if there was any recourse on the application fee
if the owner wants to come back to the P & Z with a new application. Staff advised her that the
P & Z could make that recommendation, but only City Council can waive the fee and if that is
approved, he would be refunded the fee.
Barry LeBaron said that if the applicant presents staff with a letter asking to go forward with the
case to the City Council, staff will re-notify the property owners so they will be made aware of it.
5. Citizens' comments regarding items not on the agenda: There were none.
Planning & Zoning Commission
Minutes - July 23, 2001
Page 8 of 8- Approved on 08113101
6. Staff comments, reports and discussion items: Staff reminded the Commissioners about the
upcoming training session presented by the Midwest APA Section on July 30th.
7. Commissioners' comments and reports: Commissioner Gasper directed staff to format the
Commission's letter of commendation to the staff and bring it to the next meeting for them to
sign. Chairman Hart welcomed Commissioner Swift and advised the P & Z Commissioners
whose terms of office are up in September to reapply if they want to.
ADJOURNMENT: The Commission moved to adjourn the meeting at 7:55 p. m. The motion
was seconded and passed by acclamation.
Respectfully Submitted,
n Levy
Planning & Zoni
Approved on: August 13, 2001 as corrected (minor spelling errors).
NOTE: As a matter of public record, an audio recording of the above Planning and Zoning Commission meeting is
available upon request.