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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 Page 2 of 6 200'. 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 Planning & Zoning Commission Minutes - November 23, 1998 Page 4 of 6 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 Planning & Zoning Commission Minutes - November 23, 1998 Page 6 of 6 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. [jh/min/1123pz.min]