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HomeMy WebLinkAboutPlanning and Zoning Commission-Minutes-7/8/2002 PLANNING & ZONING COMMISSION Meeting Minutes - July 8,2002 Chairman Gasper called the regular meeting of the Planning and Zoning Commission to order at 7:00 P.M. on July 8, 2002. Roll Call: Present: Bob Culley, Earl Swift, Mark Jones, Bud Sellers, Mark Hollis, Jo Ann Gasper Absent: Jeffrey Wall Staff: Barry LeBaron, Jeff Jones, Chris Steubing, Jan Levy Invocation: Commissioner Culley Pledge of Allegiance Approval of Minutes: June 24, 2002 Chairman Gasper moved to approve the minutes of the June 24, 2002 meeting as written. Commissioner Culley seconded the motion. The vote being: Ayes: Culley, Swift, Jones, Sellers, Hollis, Gasper Noes: None 1. PUBLIC HEARING - Zoning Change from AG to R20 Single Family Residential on 1.5517 acres located at the northwest corner of Glade Road and Pool Road, Case Z-02-019 Barry LeBaron presented the case to the Commission and reviewed the staff briefing. Chairman Gasper opened the public hearing. There being no one present wishing to speak, the public hearing was closed. The commissioners did not have questions for the applicant. Chairman Gasper moved to recommend approval of the zoning change from AG to R20. Commissioner Jones seconded the motion. The vote being: Ayes: Culley, Swift, Jones, Sellers, Hollis, Gasper Noes: None 2. PUBLIC HEARING - Zoning Change from R40 to PUD-R Planned Unit Development- Residential on 19.405 acres located on the south side of L.D. Lockett Road in the 900 block, Case Z-02-018 Planning & Zoning Commission Minutes - July 8, 2002 Page 1 of 9 - Approved on July 22, 2002 Barry LeBaron presented the case to the Commission and reviewed the staff briefing. He told them the applicant is not asking for a preliminary platting at this time and the applicant will need to come back before the commissioners with a preliminary plat if the zoning change is approved. He said the detention pond is shown as open space. Mr. LeBaron said the applicant is asking for a waiver from the 20% open space requirements as they are proposing 19% open space. He told the commissioners that the City owns property to the east and the City has not designated the property for parkland, but will build a water storage tank and possibly baseball practice fields. Mr. LeBaron told the commissioners that staff is recommending denial of the case because it is in non-compliance with the Master Plan, and does not meet the open space and lot size requirements for the PUD regulations. Chairman Gasper opened the public hearing. Those present wishing to speak were: Joseph Reue, Washington & Associates, 3950 Fossil Creek Blvd., Fort Worth, TX 76137. Mr. Reue was representing the applicant, Mr. Dick Blackard, who was unable to attend the meeting. He said they are aware of the 1998 Master Plan's designation of the property as office/commercial. He said they felt the PUD would be a more appropriate use ofthe property and they planned on leaving the corridor on L.D. Lockett as commercial then transition lot sizes to buffer the commercial uses and transition into Hurst. Mr. Reue said they took into consideration the practical and comparable use of the property and have an average lot size close to 16,000 square feet. He said they are within the limits of the density requirements for the PUD zoning district. Mr. Reue said the homes would be approximately 3,000 square feet in size and list for $330,000 and up, and the developer is projecting a three year build out time. He said the addition of homes in the area would ignite commercial development in the area. There was no one else present to speak at the public hearing, so Chairman Gasper closed the public hearing. Commissioner Swift asked Fire Marshal Jones to comment on the one street access and any effect it has on fire response time for the fire department. Fire Marshal Jones responded that they do not oppose the layout of the subdivision and would use the Hurst side of the development for additional access. Chairman Gasper said she has serious reservations about taking scarce commercially designated land and changing it to residential. The commissioners entered into discussion about buffers and the consequences of changing the Master Planned commercial property to residential. They discussed how other properties in the area may also want to rezone to residential rather than commercial if this change is approved. Chairman Gasper said this portion of property is situated between others that are designated for commercial on the Master Plan and if it becomes residential the new residents will want a buffer and more potential commercial property may become residential. Commissioner Culley asked Joseph Reue if there is latitude for the developer to meet the open space requirements. Mr. Reue responded that there may be some flexibility and they may have to lose one residential lot for them to meet the PUD-R requirements. Planning & Zoning Commission Minutes - July 8, 2002 Page 2 of 9 - Approved on July 22, 2002 The commissioners discussed the length of the street to the channel and what the channel will look like. There was discussion about the detention/retention pond, the culvert, the plans for the open space area and the drainage plans. They discussed possible screening on the western side of the property from the potential commercial development. Commissioner Jones commented on this development providing more residents who pay taxes and will attract commercial business even though some future commercial property is cannibalized. Chairman Gasper moved to deny the zoning change request. Commissioner Swift seconded the motion. The vote being: Ayes: Culley, Swift, , Gasper Noes: Jones, Sellers, Hollis The motion did not pass because it takes four affirmative votes to pass an item. Chairman Gasper moved to table the case until a full compliment of the Commission is available to vote. The motion died for a lack of a second. The commissioners entered into discussion about the reasoning for tabling the case. Commissioner Hollis said he would like to see fewer homes with more open space and he does not think that commercial use of that property is the best use for the property. Commissioner Jones spoke about maintaining the rural atmosphere that most citizens want in Colleyville. Commissioner Culley said the proposed plan in not indicative of current residential needs and is not the right residential plan. Joseph Reue requested the commission table the case so that the developer can address the commissioners concerns. Commissioner Hollis moved to table the case. Commissioner Jones seconded the motion. Commissioner Cully provided reasons for the case to be tabled and said the developer has not crossed the threshold for reaching technical compliance. Commissioner Sellers recommended that the developer come back with 20% open space, larger lots, and the reason residential is better economically for the City than commercial development on the property. Commissioner Swift said he sees the Master Plan issue as the only outstanding issue. Staff entered into the discussion and suggested that the developer provide better economic information including taxable values of the property if it were developed residential as proposed versus the values if the property developed according to the Master Plan over the next five years. Planning & Zoning Commission Minutes - July 8, 2002 Page 3 of 9 - Approved on July 22, 2002 The vote being: Ayes: Jones, Sellers, Hollis, Gasper Noes: Culley, Swift, 3. TABLED ITEM - Final Plat of Whittier Heights, 58.003 acres located on the north side of McDonwell School Road, east of Remington Parkway, Case P-02-021 Commissioner Sellers recused himself for this item. He stepped down, but remained in the Council Chambers to listen to discussion. Commissioner Culley moved to remove the case from the table for discussion. Commissioner Swift seconded the motion. The vote being: Ayes: Culley, Swift, Jones, Hollis, Gasper Noes: None Barry LeBaron presented the case to the commissioners. He told them staff cannot support the proposed trail clipping the City of Colleyville property because of implications it has for future grant requests to develop the park property. He told the commissioner that the developer has withdrawn his proposed donation of a 1.5 acre space are to the City. He said that the proposed traffic calming devices had not been considered by any approving body in prior plat approval and the Fire Department cannot support the developers proposed designs. Fire Marshal Jeff Jones addressed the Commission. He said he tried to get an agreement and meet with the developer and he planned on getting the largest apparatus that would respond to a fire and test it on the proposed street widths where the traffic calming devices are located. He said he was unable to get the fire truck from the City of Grapevine, so he used the City of Colleyville's largest truck and went to Remington Park and used the developers figures and set up cones to represent lane width. He said he drove the truck at 8 mph and the truck could not make the turning radius. David Bagwell addressed the Commission and said that it has gotten more difficult to develop in Colleyville and he would be happy to surrender, but in doing so the City is wrong. He said on March 29th the subject of traffic calming devices was brought up. He said he will renounce any innovative ideas he has proposed and adhere to the City's design standards of forcing a square peg into a square hole. He said that 40' rights-of-way were allowed in all of his other subdivisions. He said the commissioners are getting a red herring by listening to the City's commentary on the design standards. The commissioners discussed with staff the reason the trail should not be considered as shown. They discussed the possibility of jeopardizing future grant funds if the trail was constructed through City property. Commissioner Culley addressed David Bagwell and made the following statement: "I thought the problem was just the fact that you did not want to move the trail because you just didn't want to Planning & Zoning Commission Minutes - July 8, 2002 Page 4 of 9 - Approved on July 22, 2002 move it and it had been approved that way before and you wanted to stick to that point. What I now understand is that we made a mistake or someone made a mistake in approving this preliminarily even though we may not have intended to do it that way. I tend to remember it exactly like Barry said that the trail was in flux and it would be finalized later. We even had discussions about if the trail was going to be at the rear of McPherson and there was going to be a total trail there, and that is my recollection." Commissioner Culley said if it is true that they did give Mr. Bagwell the approval to do the trail in that fashion, he didn't see how they could go back on that point with him. He said he can only see that they get Mr. Bagwell to agree with them to leave it on the City property as approved, right, wrong or indifferent and it would be a disservice to go back and try to change the rules. He said if Mr. Bagwell will work with them on moving the trail, then it should be moved. Mr. Bagwell said he would be accept moving the trail location on the north side of the park to be moved as far west as possible and there is room to do that to get it back into alignment as it leaves the northern portion of the park property. Commissioner Culley said he did not think the intent was to align the trail that way, but since it's already been done, they owe that to Mr. Bagwell to try to work with him at this point. Mr. Bagwell said it is not as if the realignment of the trail will not have a financial consequence to him, but it is not enough to worry over. He said he is anxious to see the trail built, and he thought his company was trying to do the right thing and if it accomplishes that by moving the portion that they pick up north of the park then that is fine. Chairman Gasper recapped the case and said that the commissioners feel the location of the trail is no longer an issue and the developer has withdrawn his request to change the entrance rights- of-ways on streets from the City's standards so there are no outstanding issues. Commissioner Culley asked the Fire Marshal if there is a way the rollover curbs could be modified or if they could accommodate the current designs and not impede a fire truck from getting into the subdivision. Chairman Gasper said before the Fire Marshal answers, she wanted to tell the commissioners that she did some research into a product called Grass Pave where the substrata is prepared and then it looks like grass and will carry the weight of a fire truck. She asked if the Fire Marshal is aware of the product. Fire Marshal Jeff Jones said that his outside radius is a mandate and he has to have 50'. He said if he can clip the corner and make that a solid base he would not oppose that. Commissioner Culley said how they get fire trucks into and around the subdivision is between the developer's engineer, the fire marshal and the City. He asked the developers engineer to address the Commission. Chairman Gasper asked the developer's engineer, Eddie Eckert, to address the commissioners. Mr. Eckert said his findings are based on Engineering and MSHTO guidelines (American Association of State Highway and Transportation Officials - a policy on geometric design of highways and streets). He said based on those guidelines, the inside and outside radiuses are not concentric, and they do not run parallel. He said he drew up something that he believes works and the fire marshal disagrees with his design and he is disappointed with that. Mr. Eckert said he is a Colleyville resident and he was willing to come up with a solution and he thinks the solution can be a 24' inside radius rather than a 20' inside radius. He said they are not dealing with a Planning & Zoning Commission Minutes - July 8, 2002 Page 5 of 9 - Approved on July 22, 2002 parallel circle. Mr. Eckert said he believes he and the fire marshal can come up with something that Mr. Bagwell and the City can live with that does not compromise the safety. Chairman Gasper asked Mr. Bagwell to show them a copy of the preliminary plan that was approved. She said the preliminary plat clearly does not show the provisions for the narrower entryways into the streets. David Bagwell said that was an idea they came up with later and he said he didn't want to spend anymore time on it and he would like to renounce the concept and he said they'll go back to the standard Colleyville street intersections. He said they will forget the throat, the traffic calming, and the aesthetic benefits. He said the misinformation the Commission has received will prevail today. He said the wonderful design idea that he is proposing is going to die as a result of a bureaucratic claim that is incorrect. Commissioner Culley said he is not prepared to give up and denounce everybody that is working on the project. He asked the fire marshal if there is a way to work the street entrance designs out as it is proposed by the developer and explain how that might work. Jeff Jones said he believed the radius of the intersection is a platting issue and the street design review process will come when the street engineering plans are approved by City staff, and if it is not worked out, the street designs will not be approved by the Engineering Department. Fire Marshal Jones said he thinks it could be worked out with a modified inside turning radius, but that could not be done tonight or before City Council next week. He said he believes they could reach a resolution when the construction plans are submitted and reviewed. He said the designs would be determined only if they would be approved by the fire department. He said he believes the developer's engineer has the same intention he does to see the development continue. Commissioner Culley moved to approve the final plat with the following amendments: . That the approval be subject to the developer constructing the 10' wide trail along a path, in a location, that is mutually agreeable to both the developer and the City without going against what was originally passed; and . That Fire Marshal Jones and the developer's engineer meet before the City Council meeting and make recommendations how the street designs will work. Mr. Bagwell said he is not willing to work out the issues with staff. Mr. Culley said he is not interested in Mr. Bagwell's opinion and he is talking about Mr. Bagwell's engineer and it should be worked out between the engineer and the fire department and not be an emotional issue because a lot of time and money has been spent to trying to put this project together and it is a good project. Commissioner Culley said the outbursts and accusations they've had are not commensurate with what they came together to do tonight. Commissioner Swift seconded the motion. Commissioner Hollis said that as far as a mutual agreement, he has not heard that there is one and they cannot pass something that says they will mutually agree. He said the plat will go to City Council with or without the Commission's approval and he does not see a mutual agreement happening. Commissioner Hollis said he would recommend tabling the case and direct the Planning & Zoning Commission Minutes - July 8, 2002 Page 6 of 9 - Approved on July 22, 2002 applicant and staff to work out the issues. He said he would only be for a motion that nails down what they want to see and leave it up to Mr. Bagwell to accept or reject it. Chairman Gasper said she thinks Mr. Bagwell has no problem with the trail issue, but the problem is with the traffic calming provision. She said she believes the motion offers the developer and the fire marshal an adequate opportunity to see if a resolution to the issue can be made that maintains the aesthetics of the development. Commissioner Hollis said he would love to see some optimism on the part of the developer and then he would be on board with her and Commissioner Culley, but with what he has heard tonight, he is not. Chairman Gasper said that if this motion is approved and the developer tells his engineer he will not pay for his time, the intent of the motion dies. Commissioner Culley said that would be the developer's choice and he feels it would be a travesty to continue to table the item because they've heard all of the arguments and it is time to send it on to Council. Commissioner Hollis said if the city staff and developer cannot work out issues on a time table, the Commission should not be at fault or considered a part of the problem. He said the commissioners are not there to make a project economically viable, but to approve good plans. He said they are not there to rush plans, but to approve good plans and the way he sees it, this is not a good plan. Chairman Gasper said that ifthere are substantive changes between the preliminary plan and the final plat that is presented to the Commission, then they have the flexibility to deny the plat. She said she does not see where there are significant, substantial differences between the preliminary plat that was approved and the final plat they are considering that is before them. Commissioner Hollis said he can see that point and can appreciate that, but the preliminary plats come before them for a reason which is to bring forth areas that may be weak that may need changes. He said that is why there is a two step process and they consider a plat twice; once at preliminary plat and again at final plat. He said in this case were there optimism and clear channels of communication between the City and the developer, he would be completely on board with Chairman Gasper. He said given what he has seen and heard in the meeting, the Commission should give the developer and City black and white instructions because they are not working out the gray areas. Chairman Gasper said it behooves them to not make decisions based upon personalities or behaviors, but they need to look at the facts and make their determinations on the facts. Commissioner Culley said that speaking for the staff and the fire marshal who he supports equally as much as the developer in this situation, they can all have their opinions as how things should be and are, but that is why they are here. He said they try to determine what is best and move on and that is what his motion is for. Commissioner Culley said he does not support tabling simply because they are putting more in the hands of the developer who is upset with the way they are handling the final plat already. He said they've heard the developer say, "Just turn it down," but Commissioner Culley said he doesn't believe the developer means that, but that puts more bullets into the developer's gun to come back and say that he has not been treated fairly. He said after the harsh discussion, he believes the developer is right about the path and Commissioner Culley agreed the developer should move it so the park can be used. He said he does not agree that they should leave the final plat with the street the way it is on the plat, because he respects Mr. Eckert's learning and degree, but he also respects the fire marshal's opinion. Commissioner Culley said the developer's engineer and the fire marshal said they could work on a plan for the Planning & Zoning Commission Minutes - July 8, 2002 Page 7 of 9 - Approved on July 22, 2002 streets and make it work, so the Commission should at least give them an opportunity to do that without delaying the plat and keeping the developer in a situation in which he has to wait again. Chairman Gasper said that time is money and the more they delay in making a decision the more it costs the developer money. She said that whatever they decide on the plat, the plat will go to City Council and the Council will hold two public hearings at that point. She said she agrees with Commissioner Culley and wants to give the City and the applicant an opportunity to attempt to work this out now that they have a clear understanding as to what the issues are. She said she believes the Commission's roll is to try and fix the problem. Commissioner Hollis said he agrees and is not trying to affix any blame, but he does not believe the plat should go forward until the trail issue is worked out. Chairman Gasper called the question. The vote being: Ayes: Culley, Swift, Jones, Gasper Noes: Hollis Commissioner Sellers rejoined the Commission. 4. Citizens' comments regarding items not on the agenda: There were none 5. Staff comments, reports and discussion items: Staff told the commissioners about the Midwest Section, TX APA Elected and Appointed Officials Planning Workshop on Monday, July 29, 2002 at the Brookside Convention Center, in Hurst, Texas. 6. Commissioners' comments and reports: Chairman Gasper presented a draft letter written to the City Council regarding the Council's future work on the Master Plan. She asked the commissioners if they had any changes or suggestions. Commissioner Jones said that the he would like to see the portion of the letter that states encouraging economic development while protecting the quality of the community to say something about protecting the sanctity and safety of the residential neighborhoods and add something about property values. He said it should say as it pertains to any economic or personal venture that would adversely affect an existing residential property. Mr. LeBaron and Commissioner Jones talked about the areas that are affected most are residential areas that clearly are abutting commercially designated properties. Planning & Zoning Commission Minutes - July 8, 2002 Page 8 of 9 - Approved on July 22, 2002 ADJOURNMENT: The Commission moved to adjourn the meeting at 9:00 p.m. The motion was seconded and passed by acclamation. Respectfully Submitted, Ja Levy anning & Zoning Assistant levyj@ci.collevville.tx.us Approved on: NO TE: As a matter of public record, an audio recording of this Planning and Zoning Commission meeting is available upon request. Planning & Zoning Commission Minutes - July 8, 2002 Page 9 of 9 - Approved on July 22, 2002