HomeMy WebLinkAboutPlanning and Zoning Commission-Minutes-11/23/1998
Planning & Zoning Commission
Minutes - November 23, 1998
Page 1 of 6
The regular meeting of the Planning and Zoning Commission was called to order by Chairman
Short at 7:00 P.M. on November 23,1998.
Roll Call:
Present:
Rob Rutherford, Juneria Berges, William Tyler, Tom Hart,
Jim Fletcher, Jody Short
Mike Collins
Tom Niederauer, Clayton Husband, Mike Soab, Jan
Hofstrom
Absent:
Staff:
Invocation:
Tom Hart
Approval of Minutes:
November 09,1998
Commissioner Rutherford moved to approve the minutes as submitted. Commissioner
Fletcher seconded the motion. The vote being:
Ayes: Rutherford, Berges, Tyler, Hart, Fletcher, Short
Noes: None
1. PUBLIC HEARING - Zoning Change from CN (neighborhood commercial) to PUD-R
(planned unit development-residential with a mixed residential & commercial use),
21,699.28 sJ., Lot A-2, Block 1, Highland Acres; OWNER: William W. Gardetto;
APPLICANT: Frank A. Ritz (412 Timberline N. - N.W. comer of Timberline N. & Bransford
Rd.) Case Z-98-043
Staff presented the case to the Commission. Chairman Short opened the public hearing. The
applicant was present to represent the case. He stated that the building would be of European
design with a low-pitched roof, would be high quality, and would be low density and low intensity
for the area. There being no one else present wishing to speak, the public hearing was closed.
Following discussion, Commissioner Hart moved to recommend approval of the zoning
change from CN to PUD-C. Commissioner Rutherford seconded the motion. The vote
being:
Ayes: Rutherford, Berges, Tyler, Hart, Fletcher, Short
Noes: None
2. PUBLIC HEARING - Zoning Change from R40 (single family res., min. lot 40,000 s.f.)
to R20 (single family res., min lot 20,000 s.f.), 1.00 acre out of the S. Cotrail Survey,
Abstract 328, Tract 3B; OWNER/APPLICANT: Dale Hodgson (4609 Behrens Rd. - S.E.
corner of Renfro and Behrens Dr.) Case Z-98-044
Staff presented the case to the Commission. Staff presented a letter from the applicant which
was included with his application stating the reasons he is requesting the change of zoning, and
additional responses from the notice of public hearing which was sent to property owners within
Planning & Zoning Commission
Minutes - November 23, 1998
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200'. Chairman Short opened the public hearing. Those present wishing to speak were:
Thurmon Harden, 4916 Behrens, in favor;
Sam McCollough, 4912 Behrens Road, presented a petition signed by 24 residents in opposition
based on housing density;
Dale Hodgson, applicant, 4609 Behrens Rd, spoke in favor and presented information of mixed
size lots in the area with some currently not meeting the R40 area requirements and stating that
the amount of land is in excess of his needs; and
Pat Hodgson, wife of applicant, in favor.
There being no one else present wishing to speak, the public hearing was closed.
Following discussion by the Commission, someone in the audience requested that the public
hearing be reopened so that she could present additional information.
Commissioner Hart moved to reopen the public hearing. Commissioner Rutherford
seconded the motion. The vote being:
Ayes: Rutherford, Berges, Tyler, Hart, Fletcher, Short
Noes: None
Chairman Short reopened the public hearing. Those present wishing to speak were:
Laura Clancey, 4606 Behrens, presented information regarding additional lots, which could be
subdivided if a precedence was set by granting R20 zoning. She is opposed; and
Liz Cox, 4901 Behrens, opposed.
There being no one else present wishing to speak, the public hearing was closed.
Following discussion by the Commission, Commissioner Berges moved to recommend
approval of the zoning change from R40 to R20. Commissioner Tyler seconded the motion.
The vote being:
Ayes: Rutherford, Berges, Tyler, Hart, Short
Noes: Fletcher
3. PUBLIC HEARING - Zoning Change for a SUP (Special Use Permit) for a Day Care
Center in a CC-2 (Shopping Center) district & a request to repeal the original SUP
Ordinance 0-97-1059, 1.452 acres, being a portion of Lot 2, Block 2, Village Park
Addition; OWNER: Ron Burman, Colland, Inc.; APPLICANT: Montessori Unlimited, d. b.a.
La Petite Academy (N.W. corner of Centerpark and Glade Creek Drive) Case 5-98-003
Planning & Zoning Commission
Minutes - November 23, 1998
Page 3 of 6
Staff presented the case to the Commission. Chairman Short opened the public hearing. Those
present wishing to speak were:
Michael Peoples, representing the applicant; and
Karen Groves, 4708 Lakeshore Ct., with questions regarding location of the playground area,
driveways and fencing.
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 Special Use Permit, Case S-98-003. Commissioner Rutherford seconded the motion.
The vote being:
Ayes: Rutherford, Berges, Tyler, Hart, Fletcher, Short
Noes: None
4. PUBLIC HEARING - Zoning Change for a SUP (Special Use Permit) to allow the sale
of alcoholic beverages for off-premise consumption in a ML (Light Manufacturing)
district, approximately a 59,291 s.f. portion of Lot 1, Block 1, Tropicana Fuels Addition;
OWNER: K A. Whitman, Pres., Whitco Consulting Ltd.; APPLICANT: Philip B. Morrissey,
Triple A Beverage Inc. (East side of Colleyville Blvd., south of John McCain Road) Case
S-98-002
Staff presented the case to the Commission. Commissioner Tyler requested a clarification that
the case was only to consider the sale of alcoholic beverages and that a convenience store and
gasoline sales were permitted by right in the ML zoning district. Staff stated that he is correct.
Following discussion, Chairman Short opened the public hearing. Those present wishing to
speak were:
Thomas Fontanetta, 2201 Danielle Dr., opposed due to potential lighting, food odors, traffic and
noise and potential for Danielle Drive to be opened and connect to Colleyville Blvd;
Rebecca Fontanetta, 2201 Danielle Drive, opposed to alcoholic beverage sales so close to
homes, and potential for the opening of Danielle Drive cul-de-sac to be opened which would
increase traffic and change the character of their neighborhood;
Wanda Little 2205 Danielle Dr., opposed due to the potential for crime and the increase in traffic
associated with the possibility of Danielle Dr. being opened and opposed to alcoholic beverage
sales so close of residential dwellings;
Bill Downham, 2204 Danielle Dr., opposed;
Don & Stacey Cherry, 2208 Danielle Dr., opposed, and stated that they received conflicting
stories from the developer. They are opposed especially if the developer plans to open up
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Minutes - November 23, 1998
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Danielle Dr. and connect to their neighborhood;
Craig Wazniak, 7917 Old Hickory, N. Richland Hills, has contract on a property on Coleman Ct.,
and is opposed because he will look directly at a gas station and believes that this will decrease
his property value;
Dawn Michler, 6918 Meade, opposed due to decline in property values and is opposed to a
convenience store on every corner every 'X. mile along Hwy. 26. She is opposed to alcoholic
beverage sales so close to a neighborhood were many children reside;
AI Zim, 7209 John McCain Rd., opposed. He stated that the proposed site is less than 2,000 feet
from the next business selling alcoholic beverages. He is opposed to the possibility of Danielle
Dr. being opened and connecting with the Hwy. 26 and proposed realignment of John McCain
Rd.;
Mike Wallace, 2212 Danielle, opposed;
Beth Battles, 101 John McCain Road, opposed. She stated that another convenience store/gas
station is not necessary, and Colleyville should wait for a better business venture in the area;
Rich Wilkins, representing the applicant, Phil Morrissey, stated that he is not planning on
connecting to Danielle Drive, they will not cut down trees near the residential area, they will
supply lighting designs which show that the lighting will be directed away from the residences and
the project will be well landscaped and have berms on Hwy. 26; and
Doug Henderson, 1120 Empire Place, Dallas, representing the applicant stated that he was
available for questions. He mentioned the cost of the cleanup of the property due to the previous
use being fuel storage and that a gas station is allowed by right in the current zoning district. He
said that the cul-de-sac associated with the commercial project will not extend or ever connect
to Danielle Drive and they had no objections as to that condition being placed on the Special Use
Permit. Doug explained that the current design score in ML zoning is 15 and the plan as
presented would have a score of approximately 35 points. He said that none on of the trees
along the fence line will be removed.
Following discussion by the Commission, Commissioner Fletcher moved to recommend
approval of the Special Use Permit request to allow the sale of alcoholic beverages for off-
premise consumption, Case 5-98-002 subject to the design score of the building being 35
points or more. Commissioner Rutherford seconded the motion. The vote being:
Ayes: Rutherford, Berges, Tyler, Hart, Fletcher, Short
Noes: None
5. PUBLIC HEARING - Zoning Change from AG (agricultural) & ML (light manufacturing)
to CC-1 (village retail) with a SUP (Special Use Permit) to allow the sale of alcoholic
beverages for on-premise consumption, approximately 3.19 acres out of the A.J. Lott
Survey, Abstract 963, Tracts 3D, 3E, 3D3, 3E3, 3D2, and 3E2 and a portion of Lot 1, Block
Planning & Zoning Commission
Minutes - November 23, 1998
Page 5 of 6
1, Tropicana Fuels Addition; OWNER/APPLICANT: K. A. Whitman, President, Whitco
Consulting Ltd. (East side of Colleyville Blvd., south of John McCain Road) Case Z-98-
045
Staff presented the case to the Commission and said that they recommended approval subject
to the applicant illustrating the means of easement access to the Czerniak tract at the rear of the
property prior to the City Council hearing. Chairman Short opened the public hearing. Those
present wishing to speak were:
Thomas Fontanetta, 2201 Danielle Drive, opposed because of the possible realignment of John
McCain and connection to Danielle Drive, the smells, vermin, and noise associated with trash
pickup and the possibility of a two story building with outside seating;
Rebecca Fontanetta, 2201 Danielle Drive, opposed because of the smells from a commercial
dumpsters, the potential for rats, and lights shining into residential dwellings. She said that she
was opposed to a former City of Colleyville employee now representing a developer doing work
in the City;
Wanda Little, 2205 Danielle, stated that the developer gave her a copy of a plan showing the
potential connection of the proposed road with Danielle Drive. She said that she is also opposed
because of the decline of property values;
Thomas Fontanetta displayed an exhibit showing the possible connection of Danielle Drive and
the developer's roadway to Hwy. 26;
Dawn Michler, 6918 Meade, opposed to the approval because of the need to gain revenues in
Colleyville. She stated that the City should protect the valuation of their residential properties;
Rebecca Fontanetta, said that the developer told them that he is negotiating to purchase the
property adjacent to Danielle Drive and he plans to bulldoze the existing house and connect to
Danielle Drive;
Pam Wazniak, 7917 Old Hickory, N. Richland Hills, stated that they have a contract on a house
in the neighborhood and she stated that it is not necessary to have commercial centers on both
sides of Hwy 26 as a large commercial development is proposed on the north side of Hwy 26 and
John McCain Road;
Luann Edwards, 220 W. Glade Rd., gave the history on the residential development of Longwood
Estates; and
Doug Henderson, representing the owner, stated that their development plans show a cul-de-sac
that will end on their property and not connect to Danielle Drive. He stated that 35' is the
maximum height for a building in Colleyville and the building will be screened from the residential
neighborhood by the existing vegetation and the developer will put up the standard screening
required by the City. Doug said that the developer of Longwood Estates was supposed to advise
buyers of the commercial and industrial zoning districts adjacent to the neighborhood and advise
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Minutes - November 23, 1998
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them of the potential uses allowed in those districts. He said that their proposed development
will be compatible with the residential property.
There being no one else present wishing to speak, the public hearing was closed.
Discussion ensued by the Commissioners regarding location of restaurants, professional offices,
roof-lines, prohibition of a connection to Danielle Drive, the rights of owners to develop property
and the lessening of incompatible uses along Colleyville Blvd.
Chairman Short moved to recommend approval of the zoning change from AG & ML to CC-
1 subject to the provision that there will be no connection to Danielle Drive and that special
attention will be paid by the developer to the screening of the residential neighborhood.
Commissioner Hart seconded the motion. The vote being:
Ayes: Rutherford, Berges, Tyler, Hart, Fletcher, Short
Noes: None
6. Staff comments, reports and discussion items:
a. P&Z Training Workshop 12/03/98 - The Commission suggested a training
date be set prior to the January 11, 1999 meeting at 5:30 p.m.
b. Possible Workshop with City Council 12/08/98 - Chairman Short appointed
Vice Chairman Tom Hart and himself to attend the workshop.
7. Commissioners' comments and reports: There were none
ADJOURNMENT:
Commissioner Berges moved to adjourn the meeting at 8:55 P.M. Commissioner
Rutherford seconded the motion. The motion passed by an "aye" voice vote.
Respectfully Submitted,
2is~o~
Planning & Zoning Assistant
Approved on: , ~ I J '-I / f1 ~ - ().A:J -~ -c;)..f-
Work Session adjourned at 9:35 p.m.
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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