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HomeMy WebLinkAboutPlanning and Zoning Commission-Minutes-8/26/2002 PLANNING & ZONING COMMISSION Meeting Minutes - August 26,2002 Chairman Jo Ann Gasper called the regular meeting of the Planning and Zoning Commission to order at 7:00 P.M. on August 26,2002. Roll Call: Present: Jeffrey Wall, Bob Culley, Earl Swift, Mark Jones, Bud Sellers, Mark Hollis, Jo Ann Gasper Staff: Barry LeBaron, Clayton Husband, Jeff Jones, Jan Levy Invocation: Chairman Jo Ann Gasper Pledge of Allegiance Approval of Minutes: August 12,2002 Commissioner Culley moved to approve the minutes of the August 12, 2002 meeting as written. Commissioner Wall seconded the motion. The vote being: Ayes: Wall, Culley, Swift, Jones, Sellers, Hollis, Gasper Noes: None Citizen Comments: There were none. 1. Case Z-02-022 - TABLED ITEM - Zoning Change from R40 to R20 Single Family Residential on 2.11 acres located at the southeast corner of Glade Road & Behrens Road, 1701-1713 Glade Road Commissioner Jones moved to remove the item from the table for discussion. Commissioner Sellers seconded the motion. The vote being: Ayes: Wall, Culley, Swift, Jones, Sellers, Hollis, Gasper Noes: None Clayton Husband presented the information regarding the case to the commissioners and reviewed the staff briefing. Chairman Gasper asked the members who were present at the last meeting to explain their reason for their voting the way they did. Commissioner Wall explained his position. He said he asked staff if there were other ways to get the right-of-way needed to construct the sidewalk and there were. He said he also took into consideration the opposition from the neighbors since the Planning & Zoning Commission Minutes - August 26, 2002 Page 1 of 8 - Approved on Sepfember 9, 2002 entire neighborhood is zoned R40 and there are other ways to extend the sidewalk. He said they need to be considerate of the neighbors. Commissioner Culley said there was a good turnout of citizens and he wanted the full commission to be present to consider the rezoning request. He said he hoped there would be a representative from City Council present to explain the agreement the Council made with Mr. Behrens. Chairman Gasper moved to recommend denial of the zoning change request. Commissioner Sellers seconded the motion. The vote being: Ayes: Wall, Culley, Swift, Jones, Sellers, Hollis, Gasper Noes: None 2. Case P-G2-024 Minor Plat of Addy Estates, Block 1, Lots 1 and 2, 1.5517 acres located at the northwest corner of Glade Road and Pool Road Clayton Husband presented the case to the commissioners and reviewed the staff briefing. Commissioner Swift moved to approve the minor plat. Commissioner Culley seconded the motion. The vote being: Ayes: Wall, Culley, Swift, Jones, Sellers, Hollis, Gasper Noes: None 3. Case P-G2-026 Minor Plat of Mikolaitis Addition, 0.9623 acres located on the south side of Hall Johnson Road, east of Sycamore Drive Clayton Husband presented the case to the commissioners and reviewed the staff briefing. Chairman Gasper moved to approve the minor plat. Commissioner Swift seconded the motion. The vote being: Ayes: Wall, Culley, Swift, Jones, Sellers, Hollis, Gasper Noes: None 4. Case P-02-031 Amended Plat of Lots 29R & 66R, Village at Colleyville, 0.431 acres located at 97 Main Street Clayton Husband presented the case to the commissioners and reviewed the staff briefing. Following questions by the commissioners, the applicant Newt Carpenter addressed the Commission and answered their questions. He told them about the parking garage being Planning & Zoning Commission Minutes - August 26, 2002 Page 2 of 8 - Approved on September 9, 2002 constructed under the building and the need for additional land in order to facilitate the turn into the underground parking garage. Commissioner Culley moved to approve the amended plat. Commissioner Jones seconded the motion. Barry LeBaron commented on the public area that will be created by the design features associated with the building. He said that amended plats will become more common because of the uniqueness of the Village at Colleyville. Chairman Gasper called for the vote. The vote being: Ayes: Wall, Culley, Swift, Jones, Sellers, Hollis, Gasper Noes: None 5. Case P-02-025 Final Plat of Westcliff Addition, Phase I, 57.112 acres located on the north side of McDonwell School Road east of Remington Parkway Commissioner Sellers recused himself from discussion on the case. Clayton Husband presented the case to the commissioners and reviewed the staff briefing. Eddie Eckert, Goodwin and Marshall, said that he was representing the applicant since David Bagwell was unable to attend the meeting. The commissioners discussed with staff and Eddie Eckert the issue of the hike and bike trail being constructed by the developer. Eddie Eckert commented that David Bagwell understands the issues, but he is not prepared to comment on David Bagwell's position and cannot commit to something for David Bagwell. He spoke about Mr. Bagwell's disagreement over the cost of the construction of the trail. Barry LeBaron told the commissioners that the plat establishes the location of the trail and the developer is responsible for the cost of building the trail. He said Mr. Bagwell contends he would not have to pay for the portion of the trail being constructed on the City property. Chairman Gasper referred to the minutes of the January 28th meeting where Mr. Culley poses the question of cost. She said the developer is responsible for connecting the entire trail from John McCain Road to McDonwell School Road. She asked the other commissioners if they recalled that conversation. She asked staff what the commissioners need to do to make it clear to the developer. Barry LeBaron responded they need to ask the developer or his representative to comment. Commissioner Hollis commented that given the past history of this case, the Commission needs to approve a plat that is complete and without addendums. There was discussion by the commissioners about the possibility of tabling the case or denying the plat. Eddie Eckert said he would prefer the Commission table the case rather than denying the plat in order to allow the Planning & Zoning Commission Minutes - August 26, 2002 Page 3 of 8 - Approved on September 9, 2002 developer time to agree on the cost of constructing the trail. Commissioner Wall asked Barry LeBaron to explain the time limit requirements involved for plat approval. Barry said it was his opinion that the commissioners had to act on the plat within 30 days of when a plat was filed. He said staff interpreted the regulation and state in the Land Development Code the 30 day time period starts when the Planning and Zoning Commissioner first considers a plat. He said a denial will stop the clock. Chairman Gasper said she wants to move the plat along to City Council but wants the plat to be without issues. Commissioner Swift asked staff about the impact of application fees ifthe plat was denied and the applicant wanted to bring a revision to the Commission for consideration. Staff said that there would not be a new fee collected for a revision to the final plat. Commissioner Culley made note that the Commission did not take action on the plat at the last meeting because there was not a quorum present to vote on this case. He said that David Bagwell was not in attendance at the last meeting. Commissioner Culley moved to deny the final plat with the stipulation that any and all application fees would be waived if the developer decides to resubmit. Commissioner Hollis seconded the motion. The vote being: Ayes: Wall, Culley, Swift, Jones, Hollis, Gasper Noes: None Commissioner Sellers rejoined the Commission. 6. Case P-02-028 Final Plat of Timarron Village H Phase 3,17.059 acres located at the end of Byron Nelson Parkway in the city of South lake Clayton Husband presented the case to the commissioners and reviewed the staff briefing. He explained staffs position for the recommendation of denial, but said staff is not opposed to the Planning and Zoning Commission granting waivers from the right-of-way width and sidewalk requirements. Chairman Gasper said she noticed that the major streets in Timarron have sidewalks only on one side of the street and the cul-de-sac streets have no sidewalks, so what the developer is proposing makes sense. There was discussion by the commissioners about the streets in this area of Timarron and how this plat connects to the existing streets. Terry Wilkinson, the applicant, was present to represent the case to the Commission. He informed the commissioners that this section of Timarron will be gated. There was discussion with the Commission about the impact the gates will have in relationship to the right-of-way requirements and sidewalk requirements. Planning & Zoning Commission Minutes - August 26, 2002 Page 4 of 8 - Approved on September 9, 2002 Fire Marshal Jeff Jones responded to questions by Commissioner Wall regarding the gates and emergency response. He spoke about the Inter-local Agreement for Automatic Aid for Fire Protection and Emergency Services. He said the gates would have an Opti-Com override. Commissioner Culley asked questions about a pedestrian passage way and if it would be unlocked. Terry Wilkinson said he has not designed the exact gate system he will be using. There was discussion about private streets and the HOA responsibility for street repair. Terry Wilkinson said the anticipated price of a home in this section of Timarron will be over one million dollars. Chairman Gasper moved to approve the final plat with the recommendation of approval for the waiver of street right-of-way requirements and the streets with cul-de-sacs would not be required to have sidewalks, but Byron Nelson Parkway sidewalks need to be consistent with the City of South lake regulations. Commissioner Wall seconded the motion. Commissioner Hollis said the motion needs to be specific rather than dependent upon the regulations from another city. Clayton Husband said it would be easier for staff to enforce if the motion was specific. Commissioner Hollis said the developer should be allowed to proceed with the subdivision how best fits the City of South lake's requirements. Commissioner Hollis made a friendly amendment to waive the sidewalk requirements. Chairman Gasper and Commissioner Wall accepted the friendly amendment. Chairman Gasper called for the vote. The vote being: Ayes: Wall, Culley, Swift, Jones, Sellers, Hollis, Gasper Noes: None 7. Case Z-02-023 - PUBLIC HEARING - Zoning Change from R40 to PUD-R Planned Unit Development Residential and PUD-C Planned Unit Development Commercial on 36.264 acres located at the northeast corner of Precinct Line Road and L.D. Lockett Road Clayton Husband presented the case to the commissioners and reviewed the staff briefing. He displayed exhibits showing the locations of the residential portion and the commercial areas of the proposed subdivision. Chairman Gasper asked staff to show on the exhibits where the property is in relationship to the Master Plan. There was discussion about buffers and how they need to be considered on a case by case basis. The commissioners discussed the differences between PUD-R's & PUD-C's and the kinds of controls that can be placed on the commercial development in a PUD. Chairman Gasper opened the public hearing. Those present wishing to speak were: Larry Cole, the developer, gave a list of developments he has developed in Colleyville and explained the uses of the common open spaces in the developments. He said the homes in the residential portion of the subdivision would sell for approximately $300,000 to $350,000. He spoke about the influx of commercial development in the area with the building of a Super Wal Planning & Zoning Commission Minutes - August 26, 2002 Page 5 of 8 - Approved on September 9, 2002 Mart and a Super Target and how those developments will bring people to the area of his proposed subdivision to support retail. He said there is no four-way intersection at L.D. Lockett and Precinct Line Road to attract a big box, but smaller retailers will want to come. He gave an overview of the commercial layout and the reason for his design plan. Lewis Martin, 1101 Lavaca, said that he would recommend approval of the complex, but he had concerns with water behind his lots on Lavaca. Danny Ogle, 1009 Lavaca, said he wanted to make sure that the water flows correctly and there is no flooding. There being no one else present wishing to speak, the public hearing was closed. Rod Ekhorn, Hagan Engineering, was present to present information regarding the drainage plans for the proposed subdivision. Commissioner Culley moved that the rules be suspended so the Commission could receive a question from the audience. Commissioner Sellers seconded the motion. The vote being: Ayes: Wall, Culley, Swift, Jones, Sellers, Hollis, Gasper Noes: None Lewis Martin, asked questions about the proposed drainage plans. Barry LeBaron responded that the developer has an option to submit an exhibit that meets the preliminary plat requirements with preliminary drainage and construction plans as the zoning exhibit. He told the commissioners the developer did not chose that option and what they looking at is a zoning exhibit and are to consider the land use issues. He said when the developer submits a preliminary plat, lots may have to change to accommodate the drainage when the preliminary drainage plans are designed. Commissioner Culley asked the developer if the corner parcel could accommodate a restaurant. Larry Cole said this is a broad range plan and there is enough room for a restaurant. He said he would build the housing first and then the commercial. He said the houses are in the Keller LSD. There was discussion about the adequacy of water facilities in the area for the high density of this subdivision. Commissioner Culley commented about the Master Plan and how they have seen a deviation from the Master Plan in this area. He said this is a good way of planning without using false buffers between residential and commercial developments. Chairman Gasper pointed out that the draft ordinance omitted restaurants as a permitted use. Larry Cole requested that it be included as a permitted use. Commissioner Hollis said he likes the commercial concept and the residential development in this area, but he has a problem with the density. He said high density subdivisions do not benefit Colleyville. There was discussion by the commissioners about density, the maintenance of the rural atmosphere in Colleyville, and the desire for residents trying to downsize, but remain in Colleyville. Commissioner Hollis said he does not think it is a good idea to chip away at the Planning & Zoning Commission Minutes - August 26, 2002 Page 6 of 8 - Approved on September 9, 2002 commercial property on the Master Plan nor is it a good idea to chip away at the larger lots in Colleyville. The Commission entered into discussion about the natural traffic flow in the area and how traffic on John McCain and other east/west roadways is getting worse. There was discussion about road widths and the need to move traffic. Staff informed the Commission that City Council has a line item in the budget for a Master Plan update. Barry LeBaron said there may possibly be a meeting held in September or October to discuss specific tasks. Commissioner Culley discussed the opportunity to create things where there is a demand, but in this location he felt it is a good plan. There was discussion about changing property that is on the Master Plan as commercial to a residential subdivision. Commissioner Hollis offered more input on his opposition to the density and said 7,000 s.f. lots are too small. Larry Cole addressed the Commission about the lot size and said the residents in Remington Park opted for smaller lots. Commissioner Sellers said he lives in The Villas and he notices that traffic is not caused by people living in the neighborhoods in Colleyville, but by traffic coming from across town. Larry Cole responded that empty nesters do not drive to Dallas and most will use Precinct Line Road to go north or south. He said this is not a trend, but a transition. Commissioner Jones said this is a proactive approach and it looks like a good plan to him. There was discussion about the architectural controls that will be placed on the commercial property. Staff staid that the CC-1 controls would have the highest point value and be used. Commissioner Hollis moved to recommend denial of the zoning change request. Commissioner Hollis commented that the commercial development is great, but the residential development is too dense. Commissioner Wall seconded the motion. Commissioner Swift said this is a very complex issue, but the developer would have difficulty building homes on large lots costing $500,000 and up behind commercial property. The vote being: Ayes: Wall, Hollis Noes: Culley, Swift, Jones, Sellers, Gasper The motion was denied. Commissioner Jones moved to recommend approval of the zoning change request. Commissioner Sellers seconded the motion. Chairman Gasper offered a friendly amendment that restaurant use be added to the permitted uses in the ordinance and the architectural controls shall have the highest commercial point value. Commissioners Jones and Sellers accepted the friendly amendment. The vote being: Ayes: Culley, Swift, Jones, Sellers, Gasper Noes: Wall, Hollis Planning & Zoning Commission Minutes - August 26, 2002 Page 7 of 8 - Approved on September 9, 2002 8. Staff comments, reports and discussion items: Barry LeBaron commented about the commissioners' thoroughness of discussion on item #8. 9. Commissioners' comments and reports: Commissioner Wall asked about when the City Council intends to interview candidates for the appointments to the Planning and Zoning Commission. Jan Levy said she would inform the commissioners when that item is on the City Council Agenda. ADJOURNMENT: The Commission moved to adjourn the meeting at 9:45 p.m. The motion was seconded and passed by acclamation. Respectfully Submitted, Jan Levy Planning & Zoning Assistant levyi@ci.collevville.tx.us Approved on: September 9,2002 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 - August 26, 2002 Page 8 of 8 - Approved on September 9, 2002