Loading...
HomeMy WebLinkAboutPlanning and Zoning Commission-Minutes-9/22/2003 ccence 7"('xal' PLANNING AND ZONING COMMISSION MEETING MINUTES - September 22, 2003 CALL TO ORDER Chairman Wall called the meeting to order at 7 p.m. ROLL CALL Commissioners Bruce Kelly, Earl Swift, Jeff Byerly, Mark Jones, and Jeff Wall were present. Commissioners Bob Culley and Bud Sellers were absent. Barry LeBaron, Clayton Husband, and Jan Levy from staff were present. INVOCATION The invocation was given by Commissioner Swift APPROVAL OF MINUTES September 8, 2003 Commissioner Swift moved to approve the minutes of the September 8, 2003 meeting as written. Commissioner Kelly seconded the motion. The motion passed by unanimous acclamation. CITIZEN COMMENTS There was no comment. AGENDA ITEMS The Chairman requested that the commissioners consider Case #1 (Oak Knoll North Addition plat) and Case #3 (Oak Knoll North Addition zoning change request) together. Staff said each case would require a separate action. The commissioners decided to consider the zoning change first and then proceed to the plat. 1. Case Z-03-021 - PUBLIC HEARING - Zoning Change from R20 to RE on 10.943 acres located at the north end of Cedar Court and Jo Will Court Barry LeBaron presented the case to the commissioners and reviewed the staff briefing. He informed the commissioners that the lots all meet the size requirements for Residential Estate, however there is a conflict with the required street frontage. He said that staff is recommending approval due to the more than adequate land area and there will be buildable areas on the fronts of the property out of the floodplain. Chairman Wall opened the public hearing. Those present wishing to speak were: Tom LaHoda, 7401 Jo Will, said he purchased his lot four years ago and he is very concerned about the drainage in the area and on these lots. He said he is not anti-development since he Planning & Zoning Commission Minutes - September 22, 2003 Page 1 of 5 Approved on October 13, 2003 has been a home builder in Colleyville for the last fifteen years. He questioned the ability to put a building pad on the lots to accommodate the RE yard requirements, especially on the lot at the end of Jo Will Court. Mr. LaHoda told the commissioners that the property owner began excavation of the property before getting a permit and he removed dirt and took it to a site he was developing in Grapevine. Mr. LaHoda said about two months ago, the developer began bringing dirt back onto the property. He said no drainage study has been provided to staff and the water overflows and runs off into Big Bear Creek and there is potential risk that the development of the property may cause severe flooding. He said FEMA may require approval before development can begin. He spoke about fire trucks not being able to maneuver in the cul-de-sac at the end of Jo Will Court because it is not complete and the developer should be required to complete the cul-de-sac for safety reasons. He expressed concerns about lighting and the need for fire hydrants. He responded to questions by the commissioners and said he placed two calls to the developer when the dirt was being removed and he said that during heavy rains, approximately 75% of the property is under water. Bill Glenn, 7312 Cedar Court, said he been in the area since 1975 and has seen the water almost every year. He said he doesn't see how anyone can ever get flood insurance on buildings that will be in the floodplain. He said the developer of a newly constructed home to the southeast of this property hauled in dirt to block the floodway and raise the building site. He said dirt under the foundation is already washing away and blocking the flow of water will cause problems for everyone. Mr. Glenn said the water has been so deep that it was up in the trees on the property. He wanted to make sure that the City wouldn't allow any building to take place without studying the area, because if someone is allowed to build and then the water washes away the foundations and causes cracks, the builder may sue the city and all citizens will have to pay for that. He said the heavy construction trucks have torn up the roads and they are not improved roadways and allowing more development will cause more roadway problems. Paula Glenn, 7312 Cedar Court, said she has lived there eleven years and her husband is not exaggerating. She said the last rain was only one day and the water was at least one to two feet deep. She said it gets so bad that horses would bog up past their hocks. She said the new house that was constructed to the southeast of this property is already experiencing problems from the flow of water across the property and she wanted to make city officials aware of the problem in order to prevent any future law suits. There was no one else present wishing to speak, and Chairman Wall closed the public hearing. Jim Dewey, JDJR Engineers, applicant, was present to represent the case. He said he is an engineer and the homeowners have raised logical questions. He said the developer will escrow money for construction of half of the roadways fronting the lots and they will be required to replace the existing water lines. He explained how the northern section is in the floodplain and a flood study is being provided at the end of the week. He said the flood study will be done before construction can begin. He said fill dirt was being brought in to provide pad sites and they will be using dirt from the digging of the pond they will have on the property. He Planning & Zoning Commission Minutes - September 22, 2003 Page 2 of 5iApproved on October 13, 2003 said there will not be dirt trucks on the property and they will provide underground storm systems. Chairman Wall asked the applicant why they are not leaving the zoning at R20 and request a Special Use Permit for the horses. Mr. Dewey said the developer wanted to have estate lots and that is what they requested and horses are allowed by right in the RE zoning district. Commissioner Kelley asked if three pad sites may cause trouble for Southlake. Mr. Dewey responded that is what the flood study will do. He said it will answer those questions. Chairman Wall made comparisons of homes in Monticello with rock walls and gentle earth slopes down to the creek. He told the applicant that with R20 zoning, the developer could get the home pad sites closer to the road and have less impact on the floodplain. Mr. Dewey said the flood study will provide boundaries for pad sites. He said it was his understanding that the developer did start bringing dirt out of the lots, but now knows that cannot be done and no more dirt will be removed. He said that FEMA has to approve the flood study and plans and it is about a six week approval process. Barry LeBaron explained the differences of floodplains and floodways. Commissioner Jones clarified that a flood study is required for the issuance of building permits and is related to platting and not zoning. There was discussion about the advantages of escrowing funds for the future development of the roadways in Oak Knoll North. Earl Swift asked the staff representative from the engineering department, Chad Bartee, to talk about the drainage issue. Chad Bartee explained the plan that was submitted by the developer. He said he would not approve any plans until he is 100% confident that the drainage issues are addressed. There was discussion by Chad Bartee and the commissioners about designing for the 100 year flood and the importance of not flooding other properties and how the flood study will be used to determine the location of pad sites. Commissioner Swift thanked Chad Bartee for being present and said he appreciated his presence. Jim Dewey, applicant, said they would not record the plat until city staff approves the engineering plans. Commissioner Jones said that it appears the platting issues remain open in lieu of a drainage study and drainage plans, but the zoning is technically all right for R20, but not for RE. He said the commissioners could table both or disapprove both based on the issues. The commissioners entered into discussion on the merits of the cases. Barry LeBaron said he would recommend denial of the plat rather than tabling a plat and allow the zoning to go onto Council. There was discussion about the possibility of an SUP and keeping the zoning R20 consistent throughout the area, but if they went that route, staff would have to re-notify and re- advertise the case. Chairman Wall said the neighbors should prefer the RE zoning because of the larger side yard setbacks. There was discussion about the time table for taking action on plats and it was stated that a completed drainage study could be a reason to deny a plat. Planning & Zoning Commission Minutes - September 22, 2003 Page 3 of 5 Approved on October 13, 2003 Commissioner Jones moved to recommend approval of the zoning change. Commissioner Byerly seconded the motion. The vote being: Ayes: Kelly, Swift, Byerly, Jones, Wall Noes: None 2. Case P-03-024 - Minor Plat of Lots 10, 11 & 12, Block 1, Oak Knoll North Addition, 10.943 acres located at the north end of Cedar Court and Jo Will Court The discussion related to the plat is reflected in item # 1. The commissioners discussed both items together. Commissioner Swift moved to deny the plat. Commissioner Jones seconded the motion. The vote being: Ayes: Kelly, Swift, Jones, Wall Noes: Byerly 3. Case P-03-025 - Preliminary Plat of McCrary Estates, 6.6072 acres located in the 5800 block on the west side of Bransford Road Barry LeBaron presented the case to the commissioners and reviewed the staff briefing. Commissioner Swift asked questions about fire truck access and staff informed the commissioners that the developer satisfies the requirements because the street length does not require a second access. They said it is 554' long and the length has more to do with the extra entrance requirement, but the turn radius meets the City's standards. Commissioner Swift moved to approve the preliminary plat. Commissioner Kelly seconded the motion. The vote being: Ayes: Kelly, Swift, Byerly, Jones, Wall Noes: None [NOTE: The commissioners took a break and resumed the meeting at 8:15 p.m.] 4. Case Z-03-023 - PUBLIC HEARING - Zoning Change from R40 & R20 to R30 on 9.56 acres located at 2113 Glade Road & 4800 Bill Simmons Clayton Husband presented the case to the commissioners and reviewed the staff briefing. Chairman Wall opened the public hearing. Thos present wishing to speak were: Mark Langford, 4505 Bill Simmons Road, said that if any fees are collected for perimeter road improvements, he would request that they please use the money for the improvement of Bill Simmons. He said Bill Simmons is currently an unimproved asphalt roadway. Staff entered Planning & Zoning Commission Minutes - September 22, 2003 Page 4 of 5 Approved on October 13, 2003 into discussion with the commiSSioners about how perimeter road improvement fees are escrowed by the developer and can only be used on Bill Simmons. They said that City Council prioritizes the roadway projects. There was no one else present wishing to speak, and Chairman Wall closed the public hearing. Commissioner Jones asked questions about the improvement to drainage and utilities on Glade Road. Staff said this is a zoning case and the infrastructure will be addressed at time of platting. Barry LeBaron discussed the current split in zoning on the property and explained the reasons the City would only want one zoning category on the property overall. Commissioner Jones moved to recommend approval of the zoning change request. Commissioner Swift seconded the motion. The vote being: Ayes: Kelly, Swift, Byerly, Jones, Wall Noes: None 5. Discussion of the Master Plan Update: Staff informed the commissioners that there are two upcoming neighborhood meetings. There was discussion about the updated land use maps on GIS. Chairman Wall spoke about the importance of the current commissioners submitting changes for a draft before October 13th and they should e-mail any comments to Barry. Commissioner Swift ask staff to update them on the status and what items still need to be addressed. 6. Staff Comments, Reports and Discussion Items: There was none. 7. Commissioners' Comments and Reports: Commissioner Byerly spoke about the need to rely on the engineering staff and their expertise in resolving any drainage problems prior to a subdivision being constructed in the City. He said that the concerns about drainage that are brought up associated with a zoning change, are resolved at time of platting when the developers submit the drainage plans to staff. The Commission adjourned the meeting at 8:35 p.m. by acclamation. Respectfully SUbmitte~d' . Jan Levy Planning & oning Assis t Approved on: 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 - September 22, 2003 Page 5 of 5 Approved on October 13, 2003