Dateline Colleyville..Thursday, December 20, 2001
     

All members of the Commission were present.

Item 1

The Minor Plat requested by Scott Flynn on Montclair was approved.

Item 2

The Commission approved the preliminary plat for Ramon Chandler’s Westgate Villas development despite staff’s recommendation for denial due to technical non-compliance and a major drainage issue that remains unresolved.  The Colleyville Engineering Department has refused to approve the drainage plan proposed by the developer that could negatively impact the property owner to the south.  Apparently the developer has made no effort to contact the property owner regarding the required easement.  When contacted by LNO the property owner was unaware of any drainage issues that impacted his property. 

The Planning & Zoning Commission had recommended that City Council deny this zoning case but City Council unanimously overruled the P&Z.  The Westgate Villas do not comply with the City of Colleyville Land Development Code.  An analysis of technical non-conformance under PUD-R, Planned Unit Development-Residential:                                      

Only the open space requirement meets the city code although much of the Westgate open space being counted is located in the boulevard.  The city’s intent of the minimum requirement of 20% open space was to provide a usable pubic area for the residents who will live there due to the smaller lots inherent in this zoning category.  In recent years City Council has frequently given in to developer pressure by allowing open space to be scattered throughout a sub-division, most notably in David Bagwell’s new subdivision, Broughton, currently under construction on Hall-Johnson where potentially the city could have acquired a 10 acre park.

The failure to require the minimum side yard set backs, thereby allowing rooftops less than 10’ apart is particularly troublesome to firefighting professionals in light of Colleyville's recent experience when a house was lost to fire by transference.

In addition to these issues the Westgate developer and the city cannot agree on the height of the wall on the east side of the subdivision, the side that backs up to existing residents of Remington Park.  The developer cites a letter from the Homeowners’ Association that states a required height of 6’ but the zoning for the property was passed with the requirement of an 8’ concrete wall between both commercial and residential properties.

There was no public hearing for this item.  Mr. Chandler’s representative, Mr. Chuck Watson, presented a brief overview of the project and provided copies of the letter from the Remington Park Homeowner’s Association indicating their support to the members of the Commission.  Neither Mr. Chandler, Mr. Watson nor Chairman Gasper provided any information regarding the fact that despite early support of the Homeowners’ Association, a petition was submitted to the City Council prior to the vote signed by over 50% of the homeowner’s in Remington Park opposing the rezoning of the property.

The Commission’s motion to approve the case included a statement that should the Final Plat come to them with the drainage issue unresolved no action will be taken.  However,

by state law action must be taken within 30 days or the plat is considered passed by default and may be filed by the developer.

 Item 3

Mr. Craig Gandy requested an Special Use Permit (SUP) to construct an accessory building of over 18,000 square feet for the purpose of running a boarding and training facility for show horses. The property is located at 1117 West L. D. Lockett and is currently zoned R40.  The property is currently over 8 acres and the applicant plans to acquire additional surrounding acreage.

The Commission recommended approval.  At the request of Chairman Gasper, P&Z added language to the final motion for passage of the SUP that requires two of the existing accessory buildings be torn down within six months after the completion of the new barn and allows a commercial business on an R40 property. 

 
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