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Home My WebLink AboutPlanning and Zoning Commission-Minutes-10/23/1995 Planning & Zoning Commission Minutes - October 23, 1995 Page 1 of 3 Call to Order: The regular meeting of the Planning and Zoning Commission was called to order by Chairman Lebo at 7:00 P.M. on October 23, 1995. Staff: Commissioners Marie Powell, Greg Austin, Tom Westerman, Jody Short, Sam McCollough, Tanya Copple, Steve Lebo Doug Henderson, Tom Niederauer, Jan Hofstrom Roll Call: Present: Invocation: The invocation was given by Commissioner Westerman. Approval of Minutes: October 09, 1995 Commissioner Powell moved to approve the minutes as submitted. Commissioner Austin seconded the motion. The vote being: Ayes: Powell, Austin, Westerman, Short, McCollough, Copple, Lebo Noes: None Abstained: Short 1. PUBLIC HEARING - Zoning Change Request, CC (Community Commercial) to CC with a Special Use Permit to allow the sale of beer and wine for off premise consumption, within a 9,504 S.t. building located on Lot 1, Block 1, Kaybird Addition, Case S-95-006, OWNER/APPLICANT: Commercial Net Lease Realty, Inc.lEckerd Drug (4814 Colleyville Blvd.) Staff presented the case to the Commission. Chairman Lebo opened the public hearing. There being no one present wishing to speak, the public hearing was closed. Commissioner Powell moved to recommend approval of the special use permit to allow the sale of beer and wine for off premise consumption with the following conditions: . No drive-through sales of alcohol will be permitted. . The total horizontal retail display space allotted to the sale of beer and wine will not exceed 75 square feet, including coolers and floor. Beer and wine storage space w\not accessible to the general public is not restricted. . If the SUP is not executed within one year of City Council approval, the status of the SUP will be reviewed by the Planning and Zoning Commission and the City Council for the purpose of allowing the applicant to show cause why the SUP should continue. . Following execution of the original SUP, if the use is vacated for a period of six months, the status of the SUP would be reviewed by the Planning and Zoning Commission and the City Council for the purpose of allowing the applicant to show cause why the SUP should continue. Commissioner Copple seconded the motion. The vote being: Ayes: Powell, Austin, Westerman, Short, McCollough, Copple, Lebo Noes: None Planning & Zoning Commission Minutes - October 23, 1995 Page 2 of 3 2. PUBLIC HEARING - Zoning Change Request, by the City of Colleyville, in order to determine the appropriate zoning and to consider a change from R10 (Single Family Residential, minimum lot size of 10,000 s.f.) to R40 (Single Family Residential, minimum lot size of 40,000 s.f.), or R30 (Single Family Residential, minimum lot size of 30,000 s.1.) or R20 (Single Family Residential, minimum lot size of 20,000 s.f.) as determined appropriate by City Council, 30.6 acres being a replat of Lots A1, A1A, A1 B, A1C, A2 & B, Block 3; and Lot 3, Block 2, Bettinger Place, Case Z-95-033; OWNERS: Frank N. Bettinger, Rose Elizabeth Tallas, Helen Bettinger Van Zandt, Gwenlynn Bettinger Swink, Jerry G. Swink, Fred Swink, Steve Bettinger APPLICANT: CITY OF COLLEYVILLE (West side of Bettinger Drive, north of Van Oaks Drive) Staff presented the case to the Commission. Chairman Lebo opened the public hearing. Those present wishing to speak were: Linda O'Brian, realtor from Caldwell Banker, representing the owners of the property, 705 Potomac, Southlake, said that she was working with a developer and they are requesting more time to put a proposal together. Opposed to R40, however, R20 zoning would work for the developer; Mark Plorin, 204 Van Oaks, could support R40, stated concerns about traffic access onto Bettinger and requested the Commission to consider an emergency access onto Bettinger with the prime access located to the north out to McDonwell School Road; Mike Richhart, 308 W. Van Oaks, in favor of R40; Mark Attwood, 6312 Bettinger, in favor of R40; James Ryan 6216 Bettinger, in favor of R40; R. L. Perritt, 701 W. McDonwell School Rd., in favor of lower density other than R10; Jerry Swink, 6308 Steve Circle, opposed to change to lower density, stated that the City is taking property away from the owners and feels that this zoning change is a conspiracy against the landowners; Tom Flarety, 708 Candlewood, a friend of the family, in favor ot R20 as it would be in compliance with Master Plan and R40 would hurt the family financially; Steve Bettinger 7604 Overland, opposed to R40 as the family would lose $300,000 in sales if the property was zoned R20 and would lose $500,000 in sales if the property was zoned R40; he is upset that people in the area didn't check on the current R10 zoning before they purchased adjacent lots and if a change is made he would encourage R20; Lanis O'Steen, 313 W. McDonwell School Rd., expressed that people should have checked on the surrounding property zoning categories before building in the area and stated that nothing was wrong with developers building and making money; Fred Swink, 707 E. Mitchell, opposed to rezoning; Jack Burke, 209 W. McDonwell School Rd., stated that everyone who spoke in opposition to the zoning change has a vested interest in making money on the property and the concerns would be inadequate infrastructure, increased traffic volumes, and noncompliance with Master Plan as R10 was never intended for this area as Mr. Bettinger had the zoning changed before the property was annexed into the city so he is in favor of R40; Yvonne Hatton, 307 W. McDonwell School Rd., in favor of R40 as that would create comparable lot sizes with area, also had concerns about water. There being no one else present wishing to speak, the public hearing was closed. Chairman Lebo reopened the public hearing to allow Frank Bettinger, 5232 Cockrell, to speak. He said that his father could never develop the property because of no water or sewer in the area and he would like to see the property develop. Chairman Lebo closed the public hearing. Following discussion by the Commission, Commissioner McCollough moved to recommend the zoning change from R10 to R20, single family residential/minimum lot size of 20,000 s.t., Case Z-95-033. Commissioner Copple seconded the motion. The vote being: Planning & Zoning Commission Minutes - October 23,1995 Page 3 of 3 Ayes: Austin, Westerman, Short, McCollough, Copple, Lebo Noes: Powell CHAIRMAN LEBO RECESSED THE MEETING FOR A TEN MINUTE BREAK. 3. PUBLIC HEARING - Discussion and Consideration of amending the Colleyville Zoning Ordinance by adding the designation of Telecommunication Towers as a permitted principal use within specified zoning districts and adding a definition. Staff presented the case to the Commission. Following discussion, Chairman Lebo opened the public hearing. There being no one present wishing to speak, the public hearing was closed. CommissionerWestennan moved to recommend approval of the drafted ordinance to allow Telecommunication Towers to exist in CC and ML zoning districts by SUP. Commissioner Powell seconded the ordinance. The vote being: Ayes: Powell, Austin, Westerman, Short, McCollough, Copple, Lebo Noes: None 4. Staff comments, reports and discussion items: Doug Henderson reported that a joint meeting is being arranged with City Council and the Commission needed to suggest items for the agenda. He also mentioned the APA conference and requested that the Commissioner who attended share information with the others at the next meeting. Doug also wanted the Commissioner to summarize what they learned in a report to be sent to City Council. 5. Commissioners' comments and reports: There were none. ADJOURNMENT: Commissioner Powell moved to adjourn the meeting at 8:50 p.m. Commissioner Austin seconded the motion. The motion passed by an "Aye" voice vote. Respectfully Submitted, J~~~ Planning & Zoning Secretary Approved on: 11//3 )qS 0v:J ,~P-"ru.L (J~iL~~ A;>/'/(OVRL Work Session aajourned at 10:15 p.m. tJ p I~/{)q /9S- /11/N'cJTes) - ?- NOTE: As a matter of public record, an audio recording of ttie above Planning and Zoning Commission meeting is available upon request. jhlb:min/1023.2nd