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HomeMy WebLinkAboutPlanning and Zoning Commission-Minutes-4/8/2002 PLANNING & ZONING COMMISSION Meeting Minutes - April 8, 2002 Chairman Gasper called the regular meeting of the Planning and Zoning Commission to order at 7:00 P.M. on April 8, 2002. Roll Call: Present: Jeffrey Wall, Bob Culley, Earl Swift, Mark Jones, Mark Hollis, Jo Ann Gasper Absent: Bud Sellers (at time of roll call- arrived at 7:20 p.m.) Staff: Barry LeBaron, Clayton Husband, Jan Levy Invocation: Commissioner Swift Pledge of Allegiance Approval of Minutes: March 25, 2002 Commissioner Gasper moved to approve the minutes of March 25, 2002 as corrected (page 8 - changed Iladjoumed" to IIrecessed"). Commissioner Culley seconded the motion. The vote being: Ayes: Wall, Culley, Swift, Jones, Hollis, Gasper Noes: None Fire Chief Johnston introduced the new City of Colleyville Fire Marshall Jeff Jones. He told the commissioners about Jeffs background and the experience he brings to the City. 1. Minor Plat of Huffman Addition, requested by Neal Huffman, 3.3694 acres located on the east side of Behrens CO,urt in the 4800 block, Case P-02-013 Clayton Husband presented the case to the Commission and reviewed the staff briefing. He explained that the applicant will be requesting a waiver of the perimeter street improvement requirements from the City Council and the Planning and Zoning Commission does not have the authority to take action on'that request, but they can make a recommendation to the Council. He said the owner's surveyor addressed all the ORC comments and the plat meets the City's requirements. The commissioners asked questions about the perimeter street fees and if the newly approved requirements permitted an applicant from requesting a waiver of the requirements. Clayton Husband responded that City Council has maintained the right to grant waivers. Planning & Zoning Commission Minutes - April 8, 2002 Page 1 of 8 - Approved on lIev 13, 2002 After discussion about the requirements for perimeter street improvements, Commissioner Wall suggested that the Commission have two votes; one vote for the plat; and another for a recommendation to City Council on the request for a waiver from the perimeter street improvement requirements. Commissioner Wall moved to approve the minor plat of the Huffman Addition. Commissioner Hollis seconded the motion. Commissioner Wall withdrew his motion. Commissioner Hollis withdrew his second. Commissioner Wall recommended that City Council maintain the street improvement requirements as they are in the ordinance. Commissioner Hollis seconded the motion. The vote being: Ayes: Wall, Culley, Swift, Jones, Hollis, Gasper Noes: None Commissioner Wall moved to approve the minor plat of the Huffman Addition. Commissioner Jones seconded the motion. The vote being: Ayes: Wall, Culley, Swift, Jones, Hollis, Gasper Noes: None 2. Amended Plat' of Lots 28R and 66R, The Village at Colleyville, requested by APEM located at the southwest corner of Main Street and Village Lane, Case P-02-015 Clayton Husband presented the case to the Commission and reviewed the staff briefing. He told the commissioners that the plat would not go to the City Council because it is a minor plat. Chairman Gasper asked if there were any fire safety issues associated with the amended plat. Staff responded that there were no fire safety issues and the developer ana builder will need to comply with all building regulations. Chairman Gasper said that approval of the amended plat would expedite the development on lots within the Village at Colleyville. Chairman Gasper moved to approve the amended plat. Commissioner Culley seconded the motion. The vote being: Ayes: Wall, Culley, Swift, Jones, Hollis, Gasper Noes: None [NOTE: Commissioner Sellers arrived at 7:40 p.m.] Planning & Zoning Commission Minutes - April 8, 2002 Page 2 of 8 - Approved an "'.Y 13, 2002 3. TABLED ITEM - Amendments to the PUDeR (0-96-1052) for Spring Garden Addition, requested by Doug Henderson for Statepark Colleyville, Ltd., located at the northeast comer of Cheek Sparger Road and Jackson Road, Case Z-02-012 Commissioner Wall moved to remove the item from the table. Commissioner Hollis seconded the motion. The vote being: . Ayes: Wall, Culley, Swift, Jones, Sellers, Hollis, Gasper Noes: None The developer, David Green, Toronto, Canada, was present to represent the case and update the commissioners on his meeting with the residents of Spring Garden. Chairman Gasper asked staff if they received any other letters from the residents and staff responded they did not. There was discussion between the developer and the Commission about the developer's vision for Spring Garden and what he intended to do in order to protect the value of the current residents' homes. Mr. Green said the plan is to remove common walls in order to allow single- family homes because there is currently a larger market for that product. He said there would be the same architectural controls as there were for the current dwellings and he will include a homeowner on the Architectural Control Committee. He said he envisions an average dwelling size of approximately 2,600 square feet. There was discussion by the commissioners, developer. and staff about duplexes. Doug Henderson, applicant, was present to discuss the case. He told the commissioners about the meeting he and the developer had with the current residents and how they did reach several points of agreement. He said the developer could not guarantee the sale price of future homes in the development, but they would be comparable in price, if not more. Mr. Henderson said the residents wanted the Counter Company to become the principal builder in the project, but that could not be guaranteed. He said all parties have high expectations for maintenance and there have been recent changes in the management of Spring Garden. He said doing nothing is not an option; however, approving the amended ordinance is a start. There was discussion by the Commission about the maintenance of the property and the ownership of the walls adjacent to Spring Garden. They discussed entry gates and how the current developer, Mr. Green, is covering the shortfall on funds for maintenance of the property. They discussed how the sales office had not been open in the past and now that it is staffed every weekend, the developer may broaden his market base for townhomes. Commissioner Culley moved to suspend the rules and allow public testimony. Commissioner Swift seconded the motion. The vote being: Ayes: Wall, Culley, Swift, Jones, Sellers, Hollis, Gasper Noes: None Planning & Zoning Commission Minutes - April 8, 2002 Page 3 of 8 - Approved on "'.Y 13, 2002 Mike Kimbell, 3986 Witten Drive, said Spring Garden is the gateway to one of the most prestigious areas in Colleyville and he and his wife saw a lot of promises when they purchased a town home He said one of the problems is that 50% of the residential units are leased. He said they havl had constant maintenance issues and have had absentee management and maintenance. He said they want Spring Garden to be built out and it will be an asset to Colleyville to have it completed. He said they have been given assurances by the developer, but their trust level is not high. Norman Mattson, 3967 Holiday Drive, said that he has attended the last two homeowners meetings and there was never any mention of the possibility of duplex being constructed in Spring Garden. He said a guaranteed price range by the developer for the new dwellings is not unreasonable. Mr. Mattson said the developer has not formed a homeowners association. He said that the developer marketed 41 similar units and now the plans to construct 24 to 25 single family units is taking Spring Garden in a very different direction. He said the developer has had a dismal marketing program, but the current sales representative is successful. Mr. Mattson said he and the residents want a successful build out of Spring Garden, but they have nothing in writing from the developer or the City on how that will be done. Mr. Mattson recapped what the developer promised; maintenance issues; use of homeowners association dues for maintenance; landscaping; the deterioration of the southwest wall; lack of signage; how the subdivision does not drain properly; and the condition of the wall on the east side of the property and how it is falling down. Mr. Mattson thanked the developer for not bailing out of the Spring Garden Addition and he distributed copies of documents given out at the homeowners association meetings. Bill Wilson, 3982 Witten Drive, said he wants to see the completion of Spring Garden, and yet the residents want their concerns heard. He said they have nothing in writing and they don't wan~ duplexes being built. He said they needed something more than a verbal agreement saying that everything will be all right. Earl Hoppenrath, 2613 Thomas Avenue, Dallas, said there is 100% support of everything that is being proposed by the developer based on the feedback by potential customers. He said he has a waiting list for potential single-family dwellings and gave the primary demographics of the people who would purchase in Spring Garden. He said the project fits the demographics and people want the lifestyle offered. Chairman Gasper discussed the marketing plan for Spring Garden with Mr. Hoppenrath. There was discussion about the possibility of there still being a market for town homes. Mr. Hoppenrath said that the approval of the ordinance would allow the developer to build both. He said the downside if the ordinance is not passed, the developer still has the latitude for a different product, but the upside is if it is passed, the development will get finished faster and current owners would be able to market and sell their townhomes if they want to. They discussed the combined $160,000 in tax revenues to the taxing authorities that will be created and how this is the highest and best use of the property. Commissioner Swift said he looked at Spring Garden three years ago when he moved to Colleyville. He spoke about the maintenance and how he hasn't heard anything tangible to get a Planning & Zoning Commission Minutes - April 8, 2002 Page 4 of 8 - Approved on May 13, 2002 comfort level that things will change. He asked what could be done so that the homeowners have a comfort level and assurance that the appearance of Spring Garden will change and the values of their homes will be protected. The developer discussed market values; building costs; costs of lots; and the formula used to price homes. Commissioner Swift said there is no reason for the developer to construct a cheap house. Commissioner Wall discussed his concerns on the above-mentioned items with Mr. Green. Commissioner Culley discussed with Mr. Green the issue regarding replatting because the homes proposed may be too large for such small lots. Mr. Henderson entered into the conversation about small lots and preserving the architectural standards within Spring Garden. They discussed rear entry garages along Cheek Sparger and how that concept was designed and platted in the original subdivision. Commissioner Hollis asked questions about the auditing procedures for the Homeowners Association books and the availability of those records. He discussed with the developer and representative about drainage and street signs. Doug Henderson spoke about the vision for the future homes to be constructed in Spring Garden. He talked about the need for a bulky appearance and the size of the side yards. He said future homes will be in compliance with all building codes and will fit in with the townhomes, as they will look similar. The commissioners and the developer discussed landscaping, street signs, size of homes, and the need to maintain original standards. They discussed rear entry garages and the need for screening along Cheek Sparger Rd. They talked about the need to vary the elevations of the dwellings and how in some subdivisions, the builder cannot copy the same elevation unless it is four houses away. They also discussed duplexes. Chairman Gasper closed the public hearing. Chairman Gasper requested that the realtor, Earl Hoppenrath, return for questions. They discussed the size of the current model; size of bedrooms; building standards; composition roofs; landscaping; and fencing. The commissioners discussed the acceptable size for single-family homes or current townhomes. Chairman Gasper polled the commissioners about the acceptable minimum size of dwellings: Commissioner Hollis - 2,500 square feet; Commissioner Sellers - 2,400 square feet; Commissioner Jones - 2,360 square feet; Commissioner Swift - 2,300 square feet; Commissioner Culley - 2,362 square feet; Commissioner Wall - 2,300 square feet; Chairman Gasper - 2,300 square feet. Chairman Gasper moved to recommend approval of amending the original PUD.R for Spring Garden with the following conditions: 1) Allowing a minimum square footage for single family dwellings of 2,300 square feet; 2) The architectural standards for the new buildings will be the same as the existing standards; and Planning & Zoning Commission Minutes - April 8, 2002 Page 5 of 8 - Approved on lI.y 13, 2002 3) There will be evergreen screening along the Cheek Sparger side wherever there is wrought iron fencing. Commissioner Wall seconded the motion. Commissioner Gasper amended her motion to include elevations on single family dwellings shall not repeat more than every fourth dwelling. Commissioner Wall withdrew his second. Commissioner Sellers seconded the amendment. Barry LeBaron told the commissioner that elevations are market driven and no one wants to build a house with the same elevation as one nearby. He said this requirement would be a very difficult item for staff to enforce. Chairman Gasper said it would put an undue burden on city staff. Chairman Gasper withdrew her amendment. Commissioner Sellers withdrew his second of the amendment. Commissioner Wall seconded the original motion. Commissioner Culley offered a friendly amendment that the developer would provide anc' plant the evergreens before the issuance of any building permit. Chairman Gasper accepted the friendly amendment and called for the vote. The vote being: Ayes: Wall, Culley, Swift, Jones, Sellers, Hollis, Gasper Noes: None The Planning and Zoning Commission recessed the meeting at 9:30 p.m. and resumed the meeting at 9:40 p.m. 4. TABLED ITEM - Zoning Change from R20 Residential to PUD-R Planned Unit Development-Residential, requested by Ernest Hedgcoth, Lots 14 & 15, Block 1, Andy Felps Addition located at 137 Acuff Lane and 136 Cheek Sparger Road, Case Z-02-00B Commissioner Wall moved to remove the case from the table. Commissioner Culley seconded the motion. The vote being: Planning & Zoning Commission Minutes - April 8, 2002 Page 6 of B - Approved on May 13, 2002 Ayes: Wall, Culley, Swift, Jones, Sellers, Hollis, Gasper Noes: None Tommy Cunningham, 7205 Walden Court, was present to represent the case. Mr. Cunningham introduced his engineer. Ernest Hedgcoth P.E., and said that Mr. Hedgcoth would discuss the drainage plans for the subdivision with the Commission. Ernest Hedgcoth told the commissioners that he submitted a drainage study to the City and he got comments back from staff only a couple of minutes ago. He explained the drainage plan and showed pictures of a similar drainage channel in Bridlewood Estates. He said the proposed drainage plan would allow them to weave the drainage area around the trees and save more trees. Chairman Gasper asked if the proposed culvert is large enough to handle the current water that comes off Cheek Sparger. Mr. Hedgcoth explained that the 1.4 acres they are proposing to develop is less than 10% of the total water that comes onto them. He said the proposed channel will be 18" deep and will follow along the natural channel. Staff also showed pictures and maps of the areas where the creek channel currently exists and where the proposed improvements will begin. Chairman Gasper raised questions about the Master Plan for the area and the possibility of the City initiating a zoning change to commercial zoning for the lots adjacent to the rear of the proposed development. Barry LeBaron discussed revenue implications with the Commission. There was discussion about the potential help for Mrs. Garret's drainage of water off her property if the proposed subdivisiqn is developed. There was discussion about a rezoning case where the City of Dallas initiated rezoning and the implications of that action. The commissioners discussed the proposed drainage plan, the tax differential to the City regarding residential versus commercial. They asked the developer about changes in the PUD regulations and his marketing plan. They discussed the comparisons of the proposed lot sizes to the lot sizes in Bridlewood Estates. Commissioner Jones commented that he does not have a problem with the zoning change. He said he knows that Mrs. Garrett is knee deep in water and the water is barely getting to the culvert now. Commissioner Culley said that was a point well made and there currently is a problem, but he has not heard anything that will hurt the current drainage patterns or cause further problems. There was discussion by the commissioners regarding the estimated revenue totals for six homes coming onto the tax rolls.. They discussed the reason the developer is proposing smaller lots is because fewer larger homes on larger lots would not be marketable on Felps Drive. Chairman Gasper said she has only heard positive feedback from the citizens in Bridlewood concerning the zoning change and proposed new homes. Chairman Gasper moved to recommend approval of the zoning change with the condition that the drainage would be taken care of and constructed in a manner similar to the drawings presented by the developer's engineer and according to the City of Colleyville Planning & Zoning Commission Minutes - Aprif 8, 2002 Page 7 of 8 - Approv.d on May 13, 2002 drainage standards. Commissioner Sellers seconded the motion. The vote being: Ayes: Culley, Swift, Jones, Sellers, Gasper Noes: Wall, Hollis 5. Citizens' comments regarding items not on the agenda: Chairman Gasper opened this item to the citizens. Those present wishing to speak were: Claire Edwards, 210 Cheek Sparger, commented on the zoning change case, item #4. Mrs. Garrett, 128 Cheek Sparger, commented on the zoning change case, item #4. Barry LeBaron recommended that the commissioners not address or respond to the comments made by the citizens. Everet Greet, 4001 Felps Drive, commented on the zoning change case, item #4. 6. Staff comments, reports and discussion items: There were none. 7. Commissioners' comments and reports: The commissioners discussed parliamentary procedures and protocol for conducting meetings. ADJOURNMENT: The Commission moved to adjourn the meeting at 10:30 p.m. The motion was seconded and passed by acclamation. Respectfully Submitted, a evy nning & Zoning ssistant levyj@ci.colleyville.tx.us Approved on: May 13, 2002 as submitted. NOTE: As a matter of public record, an audio recording of this Planning and Zoning Commission meeting is available upon request. Planning & Zoning Commission Minutes - April 8. 2002 Page 8 of 8 - Approved on May 13, 2002