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HomeMy WebLinkAboutPlanning and Zoning Commission-Minutes-12/14/1998 Planning & Zoning Commission Minutes - December 14, 1998 Page 1 of 10 The regular meeting of the Planning and Zoning Commission was called to order by Chairman Short at 7:00 P.M. on December 14,1998. Roll Call: Present: Rob Rutherford, Juneria Berges, William Tyler, Tom Hart, Mike Collins, Jim Fletcher, Jody Short Tom Niederauer, Clayton Husband, Mike Soab, Jan Hofstrom Staff: Invocation: Mike Collins Approval of Minutes: November 23, 1998 Commissioner Fletcher moved to approve the minutes as submitted. Commissioner Collins seconded the motion. The vote being: Ayes: Rutherford, Berges, Tyler, Hart, Collins, Fletcher, Short Noes: None 1. Remington Park, a 4.636 acre portion of Phase II, Preliminary Plan, 4.636 acres out of the R. H. McEwing Survey, Abstract 1154, Tract 2B1; OWNER: Marie Payne; APPLICANT: Larry Cole, Foxcreek Residential Development, Inc., General Partnership LCJJ, Inc. (South side of McDonwell School Rd., west of Remington Park) Case P-98-048 Staff presented the case to the Commission. Following discussion, Commissioner Hart moved to approve the preliminary plan. Commissioner Berges seconded the motion. The vote being: Ayes: Rutherford, Berges, Tyler, Hart, Collins, Fletcher, Short Noes: None 2. Remington Park, Phase II, Final Plat, 28.844 acres out of the R. N. McEwing Survey, Abstract 1154, Tracts 2" 2B, 2B1, and 2C; and the J.E. Withers Survey, Abstract 1748, Tracts 1 C, 1 C 1 A, and 1 C2; and being a replat of Lots A2A, A 1 F, & a portion of A 1 E, Block 3. Bettinger Place OWNERS: Foxcreek Residential Development, Inc. & V. H. Payne; APPLICANT: Larry Cole, Foxcreek Residential Development, Inc. (South side of McDonwell School Rd., west of Remington Park) Case P-98-049 Staff presented the case to the Commission. Following discussion, Commissioner Berges moved to approve the final plat of Remington Park, Phase II. Commissioner Tyler seconded the motion. The vote being: Ayes: Rutherford, Berges, Tyler, Hart, Collins, Fletcher, Short Noes: None Planning & Zoning Commission Minutes - December 14,1998 Page 2 of 10 3. Request for Appeal of Tree Mitigation Requirements, 4.1293 acres, Lot 1, Block 1, Twin Lakes Plaza (E. side of Colleyville Blvd.-4700) Site Plan File SP-98-009 Staff presented the case to the Commission. John Dees, 7200 Maranatha Court, was present to represent the case. Following discussion, Commissioner Fletcher moved to approve the mitigation plan by reducing the required caliper-inches to mitigate to 45'''' Commissioner Tyler seconded the motion. The vote being: Ayes: Tyler, Fletcher Noes: Rutherford, Berges, Hart, Collins, Short Following further discussion by John Dees and the Commission, Commissioner Hart moved to TABLE the request for appeal pending a report on the condition of the trees to be mitigated. Commissioner Rutherford seconded the motion. The vote being: Ayes: Rutherford, Berges, Hart, Collins, Short Noes: Tyler, Fletcher 4. PUBLIC HEARING -- Zoning Change from AG (agricultural) w/SUP (special use permit for primary &secondary schools) and R40 (single family residential, min. lot size 40,000 s.f.) to PUD-C (planned unit development-commercial), 14.79 acres out of the A. Christian Survey, Abstract 339, Tracts 4, 4A2, and 4A, and Lot 1, Colleyville Presbyterian Church; APPLICANT: John T. Lynch, IV; OWNER: Presbyterian Church in America (715 Cheek Sparger Rd.) Case Z-98-047 Staff presented the case to the Commission. Chairman Short opened the public hearing. John Lynch, 1903 Central Dr., #300, Bedford, was present to represent the case. He said that the first phase to be built would be the gymnatorium and the existing residence would be converted to Kindergarten class rooms. Also, the temporary buildings would be eliminated in the first phase. The second phase would be the construction of the building to the south. They plan to construct the buildings as far north on the property as possible in order to leave the open space nearer to the residents to the east. Mr. Lynch said that they have met with the neighbors and the two outstanding issues with the neighbors are their demand for a solid masonry wall and no access from Wayne Drive. He stated that the cost of a masonry fence is cost prohibitive, however, the church is willing to include a condition that no vehicular traffic would be permitted to access from Wayne Drive and include a maintenance fund for a fence other than masonry screening fence. Those present wishing to speak in favor were: Gary Staats, 308 Mill Crossing W. Pastor Dale Smith, pastor of the church since 1976 and founder of the school in 1979. He said the school offers an alternative to public schools for area residents. They currently have 400 students representing 51 churches and 300 families. There are currently 3 campuses and eventually 700 students would be consolidated on the one site. Pastor Smith said that prior to Planning & Zoning Commission Minutes - December 14,1998 Page 3 of 10 the change in the Commercial Zoning Ordinance in 1995, the church would have been permitted to expand their facilities without having to hold a public hearing. He also said that there would be no outside lighting on the athletic fields; Don Hudson, 4109 Southwood E., involved with the Board of Directors and stated that he moved to Colleyville because of the school; Steve Stallard, 5100 Fry Lane, has four children in the school; Brad Dixon, 5101 Overhill Dr., moved to Colleyville in 1991 and have since relocated to another neighborhood in Colleyville in order to stay at the school. He stated that people will come to the area because of good alternative schools; Norm Cox, 4901 Behrens Rd., has been a resident of Colleyville for 8 years and has had a student at the school for 4 years. He believes that the church and school have paid attention to the concerns of the neighbors; Mary Wyant, 4516 Alexandra Drive, stated that the school is the reason they moved to the area; Steed Huggins, 4707 Behrens Rd., asked for consideration from a business aspect. He said that this project will bring 3 campuses together and the church and school have taken time to plan the project; Those present to speak in opposition were: Allan Werst, 3808 Wayne Drive, stated that two lots on Wayne Drive already cannot be used because of flooding. He wants drainage addressed now by a licensed bonded engineer and requested that traffic be prohibited on Wayne Drive; Jill Laird, 3815 Wayne Drive, spoke regarding the potential decline of property values, the grade of the land as the church is at a higher grade, and the current condition of the church property. She said that the church does not currently take care of their property and that children leave the school and roam in the fields. She said that access onto Wayne Drive is a problem; Bruce Parker, 38115 Wayne Drive, stated that he is not opposed to development, but he has never been advised by the church about future development plans; Ellis Horn, 3805 Wayne Drive, is concerned about traffic and additional runoff of water impacting the area. He said that the area is zoned for residential purposes and not for schools; Judy Gooden 909 Cheek Sparger, had questions regarding the PUD zoning category. She stated that she has experienced drainage problems and did not want them increased because of this building. She will support the best economic development of the property for the area; Planning & Zoning Commission Minutes - December 14,1998 Page 4 of 10 Doug Wagoner, 3716 Wayne Drive, spoke about the "grandfather clause" of the ordinance. He recommended that the church look for another location for their school in a more commercial location with better access. He did not want any access through Wayne Drive; and John Colby, 4001 Mockingbird, is on the board of Saddlebrook Homeowners Association and is opposed and has concerns about additional traffic, and lack of drop off and turn around areas. He was concerned that once there was commercial zoning on the lot, other potential uses could develop. There being no one else present wishing to speak in opposition, the applicant, John Lynch addressed the concerns of the neighbors. He stated the uses of the PUD and stated that it was site plan specific. He said that a brick wall is not required by ordinance and a 10' high fence is not allowed. The school property is higher so a fence would not eliminate the view of the building. The school will not have windows on the east side of the buildings. In regards to drainage, he stated that 95% of the water comes from Bedford and by state law, those issues would be addressed and resolved at the time of applying for building permits. He said that it was illegal to tie drainage to zoning. He said that they are willing to place a notice on the request that no vehicular access would be allowed on Lot 3. He also stated that a requirement to sell Lot 3 was not legal. Mr. Lynch said that parking and vehicular access will be adequate. With the staggering of grades, traffic will be less obtrusive and will feed at one point. He said that there will be a maximum of 700 to 750 students well into Phase 3. Phase I would be completed next year and Phase \I in approximately 3 years. There will be approximately 500 students in the 1st phase. Dirt bikes do not come from students at the school. The planned parking is substantially more than the present and will provide a means of getting traffic off Cheek Sparger. Richard Kirkland, 5104 Shadowood Trail, spoke and recommended that the church sell Lot 3 in order to have the funds to build a brick screening wall. There being no one else present wishing to speak, the public hearing was closed. Discussion ensued about draining, screening and landscape requirements. Following discussion, Commissioner Fletcher moved to recommend approval of the zoning change request subject to the construction of a solid, durable (non-wood) eight foot (8') fence in combination with landscaping along the eastern border along a portion of Lots 1 and 2 of the Southgate Addition; and the prohibition of any access of vehicular traffic through Lot 3. Commissioner Collins seconded the motion. The vote being: Ayes: Rutherford, Berges, Tyler, Hart, Collins, Fletcher. Short Noes: None 5. PUBLIC HEARING -- Consideration of an amendment to the Colleyville Zoning Ordinance, Section 21, Planned Unit Developments, to create a designation for PUD-MXD (Planned Unit Development-Mixed Residential & Commercial Use) Case Z-98-046 Staff presented the case to the Commission. Chairman Short opened the public hearing. Those present wishing to speak were: Planning & Zoning Commission Minutes - December 14,1998 Page 5 of 10 George Jeffries, 512 Colleyville Terrace, opposed to mixed high density based on the density and the need for residential and commercial uses to be separated; AI Zim, 7209 John McCain, opposed because it is not psychologically good for people to live at their business and the businesses will deteriorate along with the owners' psyche; Robert Figorora, 817 Central Drive, opposed because of security problems, height of buildings, traffic, and too much flexibility; Richard Kirkland, 5104 Shadowood Trail, plan needs better screening requirements and buffer zones; Clint Young, 811 Central Drive, opposed because of the high density and potential safety problems; Steve G roffm an , 815 Central drive, opposed; David Jones, 713 Central Drive, opposed - height of buildings; Clint Brown, 5005 Shadowood, opposed - safety; Jerry Whitt, 513 Colleyville Terrace, opposed; and Dee McNosky, 5108 Pleasant Run Road, opposed. There being no one else present wishing to speak, the public hearing was closed. Following discussion by the Commission, Commissioner Hart moved to recommend approval of the PUD-MXD Ordinance. Commissioner Rutherford seconded the motion. The vote being: Ayes: Rutherford, Berges, Tyler, Hart, Collins, Fletcher, Short Noes: None 6. PUBLIC HEARING -- Zoning Change Request from AG (agricultural) & CC-1 (village retail) to PUD-MXD (planned unit development-mixed residential & commercial use), 24.07 acres out of the J.M. Looney Survey, Abstract 936, Tract 1, and the B.B.B. & C. RR. CO. Survey, Abstract 206, Tracts 3, 3E, 3D, 3C, 3B, 3B1, and a portion of Lot 1, Block 1 of City Nat'1 Bank Colleyville Add'n; OWNERS: Alton Foster & Jean Andrews, Billy & Shirley Petty, Harold Hall, Bransford Park Land Trust, Burton & Carol McCullough, Verle Lee Brown, and Chase Bank of Texas; APPLICANT: Richard Myers, Realty Capital Corp. (Pleasant Run Road & Colleyville Blvd.) Case Z-98-042 Staff presented the case to the Commission. Chairman Short opened the public hearing. Those present wishing to speak were: Planning & Zoning Commission Minutes - December 14, 1998 Page 6 of 10 Tom Miller, applicant, stated that he has been a resident of Colleyville for 13 years and several people saw the need for a gathering spot for the community. This project provides a means for Colleyville to expand its identity and provides another option for destination entertainment. Those present wishing to speak in favor were: Kip Whitman, 3402 Crossgate Circle, said that the project is pro-Colleyville. For entertainment purposes residents leave the city and spend their tax money elsewhere. He said that this project is next to an existing market and is the highest and best use of the property. Those present wishing to speak in opposition were: George Naftis, representing the Kroger property, voiced concerns about lack of parking. He said that they lease space to shop keepers who pay for parking and do not want their lots to be used by a center that is under spaced. The project needs at least 1 space per 200' of building. He does not believe that this is a good area for apartments and high end boutiques do not go well with apartments; Richard Kirkland, 5104 Shadowood, had questions regarding the amount of time needed to pass before the preceding mixed use ordinance could be enacted upon. He said that multifamily did not succeed in the past; Cathy Young, 811 Central Drive, opposed to experimental development and potential empty spaces over buildings. She is opposed to 3 stories next to residential and the lack of privacy it creates. She is concerned about the noise level associated with the sale of alcoholic beverages and the safety of driving after consuming alcoholic beverages; Ty Trent, 5000 Shadowood Rd., opposed to any addition of a street which would feed into Shadowood. He is opposed because of traffic concerns; Robert Figueroa, 817 Central Drive, stated that he is representing citizens in his neighborhood. He said that if the ABC is included in the project, he wants a barrier between the commercial and residential areas. He is opposed because of the congestion of traffic on Highway 26 and Pleasant Run Road and the problems associated with parking in adjoining developments when parking lots are full. He is concerned about the negative impact on adjoining property values. He wants sidewalks on Pleasant Run Road. He is opposed to false stucco, false brick, or false stone. He is opposed to 3 % story buildings. He asked questions about the status of Richard Myers Highway 26 and Hall Johnson project, the tax abatement district, and the availability of grant funding. He is opposed to alcoholic beverages sales so near a park and the negative impact on the safety of children. He wants sound and site barriers; Jim Banks, 715 Central Drive, stated that the applicants have not contacted the neighboring residents. He is concerned about a shortage of parking and parking within 300' of the project should not be an option. He said that he is not opposed to commercial development, however he is opposed to this project until the important questions by the neighbors can be answered and they are given more information; Planning & Zoning Commission Minutes - December 14,1998 Page 7 of 10 Melanie Gable, 813 Central Drive, is opposed because of traffic. She said that roads are insufficient to support additional traffic. Ms. Gable said that she was a victim of a violent crime in Colleyville and was attacked by someone who did not live in Colleyville but worked in the area. She has concerns for safety; Vange Pueblo, 516 Eudaly, said that safety is an issue and a concern. He said that there must be security provided for the development and the City does not currently have adequate staff to address the security issues; James Negler, 713 Thomas, spoke regarding concerns for fire safety and asked if our fire department is ready to fight a fire in a 3 story building and an area with narrow streets and traffic congestion; Dee McNosky 5108 Pleasant Run, said that she has been in deliberations with the developers. She said that her property is surrounded on three sides by the development and she has been promised that a masonry fence would be constructed. She said that further thoughts needed to be taken by the developer concerning the style of architecture. She said that Mediterranean style is not representative of the character of Colleyville; Beth Groffman, 815 Central, spoke with concerns about ABC being listed as an owner of the project and wanted assurance that if they are, something should be done about the unsightly metal buildings on their property; [Note: Staff confirmed that an error was made by the developer's engineer and ABC does not own property within the project. This did not affect the notification requirements.] Clint Brown, 5005 Shadowood, had questions about the possible connection of Forestwood Lane to the Crossing of Colleyville Addition; Donna Steen, 716 Central Drive, voiced concerns about fire and ambulance vehicle accessibility. She said that restaurants should not be beneath residential dwellings for safety reasons; Steve Groffman, 815 Central Drive, is opposed because of the potential uses behind the buildings and the grade of 3 % story buildings being built so close to one story dwellings. He said that the heights need to blend into the residential areas; Robert Steen, 716 Central Drive, spoke about the unsightly buildings and use on the ABC property. He had concerns about the height of the buildings as they relate to the height of existing buildings abutting the project. He is opposed because of security, safety, property values, and traffic problems. He said that certain types of developments bring in certain types of people; Richard Myers, the developer, 7400 Monticello Pkwy., spoke regarding the proposed development. He said that Danny Walker's (ABC) property is not a part of the development. It is a 150' wide parcel that would abut the project. He said that Forest Oak will not connect to the Crossing of Colleyville and sidewalks would be constructed on Pleasant Run Road to encourage Planning & Zoning Commission Minutes - December 14,1998 Page 8 of 10 pedestrian traffic. He said that the parking study was conducted by Parsons Design Group. The presently plan 1005 parking spaces and the build out of the project would be 5 years. He added that at 75% build-out, the City can assess the parking needs and make adjustments at that time. Mr. Myers said that regarding fire safety, every building will have a sprinkler system, including the residential buildings. They plan to have more fire hydrants than required and the buildings will be accessible from the front and back. He spoke about a masonry wall next to the Kroger property and City Park. The north side of the project will be screened. Regarding the concerns about the appearance of the rear of the buildings, Mr. Myers said that the alleys will be as attractive as the fronts. The buildings will be full masonry with carriage lanterns and decorative lighting. Garages are included for the parking calculations. There being no one else present wishing to speak, the public hearing was closed. Discussion ensued by the Commissioners concerning security. Mr. Myers said that the development association, with possible assistance by City of Colleyville patrol officers, will provide private security. They have discussed the possibility of a city sub-station within the development. Mr. Myers said that his Hall Johnson and Hwy 26 project will be built before this project. Mr. Myers said that regarding privacy concerns, the dwellings on Central Drive will be separated from the project by the 150' ABC property. A typical building will occupy the front half of the lot with a 40' - 60' space between the rear of the building and the property line. Concerning the questions about the boundary next to City Park, vehicular traffic will be restricted and it is unlikely that a retail business or a restaurant will locate near the park. Commissioner Fletcher requested that the developer restrict the connection to the park. for pedestrian traffic only. Commissioner Short had questions about an impact study being done to address the additional traffic in the area. The Commissioners asked other questions regarding garbage collection, the status of deliberations with the Park and Recreation Board, Fire Department equipment, Thompson Terrace realignment, and traffic lights on Hwy. 26. Commissioner Short moved to TABLE the case. Commissioner Tyler seconded the motion. The vote being: Ayes: Tyler, Hart, Collins, Fletcher, Short Noes: Rutherford, Berges 7. PUBLIC HEARING - Zoning Change from AG (agriculture), R40 (single family res., min. lot size 40,000 s.f.) & R20 (single family res., min. lot size 20,000 s.f.) to PUD-R (planned unit development-residential) on approximately 237 acres out of the S. Harrell Survey, Abstract 798, Tracts 1J, 1J1, 1J4, 1B1, 1B2, 1J2, 1F, 2B, 2, & 2C; the H.L. Allen Survey, Abstract 65, Tracts 1, 1 C, 1 B, 1A, 3D, 3E, 3D1, & 3; the D.J. Beddo Survey, Abstract 232, Tracts 1 C, 2A, 2B, 1 A, & 1 B, and Lot 1, Block 1 of the Purcell Add'n; the Mary M. Freeman Survey, Abstract 533, Tract 2A7 A; and the William E. Crooks Survey, Abstract 295, Tract 4D1 ; Planning & Zoning Commission Minutes - December 14,1998 Page 9 of 10 OWNERS: Norman R. Cole, III exec. Ruth G. Cole Est.; Norman Richard Cole, V; Khossrow & Parviz Yazhari; Norwood National Corp.; N. R. Cole; Don E. Lee; Mary Louise Cole; & Mark Gottfredson; APPLICANT: David Bagwell Case Z-98-031 Staff presented the case to the Commission. Chairman Short opened the public hearing. Those present wishing to speak were: David Bagwell, applicant, 8222 Douglas Ave., Dallas, representing the case. He spoke about the conceptual issues regarding the case. He stated that the residential density would meet the 1.8 dwellings units per acre requirement. He spoke about traffic patterns, park areas, transportation, lot sizes and open space; Josh Coleman, 7204 John McCain, said that drainage is an issue. He had concerns about the smallest lot being only 10,400 s.f. and the largest lot being 16,000 s.f. He said that the lots are too small for Colleyville. He had concerns about traffic in the area and the impact 450 lots would have on traffic and drainage; Delbert Camel, 1012 W. Murphy Rd., has lived in area since 1951 and voiced concerns about small lots and lack of roadways to service area. He had questions about fencing; Carl Parker, 105 W. John McCain Rd., opposed to proposed roadway on the front of his property. He spoke about current pollution of the waterway in the area and the negative environmental impact of the sandpits have in this area; Beth Battles, 101 John McCain Rd., had questions about a proposed roadway in front of her property; and AI Zim, 7209 John McCain Road, raised questions about the City Master Plan and the Western Gateway Study as they relate to the development. He said that R40 zoning and large open parcels are more appropriate for the area. He said that it is essential to see that the trash is buried on the property and kept very deep. He said that this is a very serious environmental issue and a problem the City does not need. There being no one else present wishing to speak, the public hearing was closed. Discussion by the Commission ensued regarding the number of issues needing to be worked out and the need for a site visit. The Commissioners requested more information regarding traffic studies, especially relating to east/west flow in the area, drainage studies, and environmental studies for the area. Commissioner Fletcher moved to TABLE the item until traffic, drainage, and environmental issues can be addressed. Commissioner Rutherford seconded the motion. The vote being: Ayes: Rutherford, Berges, Tyler, Hart, Collins, Fletcher, Short Noes: None Planning & Zoning Commission Minutes - December 14,1998 Page 10 of 10 The Commissioners requested that notification be sent to the surrounding property owners when this item comes before the Planning and Commission again. 8. Staff comments, reports and discussion items: There were none. 9. Commissioners' comments and reports: There were none. ADJOURNMENT: Chairman Short moved to adjourn the meeting at 11 :20 P.M. Commissioner Hart seconded the motion. The motion passed by an "aye" voice vote. , Respectfully Submitted, J Hofstrom Planning & Zoning Assistant Approved on: 1;;"/~'8'/q'l- 0,.4. ~ - '?f? Work Session adjourned at 11:40 p.m. NOTE: As a matter of public record, an audio recording of the above Planning and Zoning Commission meeting is available upon request. [jh/min/1214pz.min]