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HomeMy WebLinkAboutPlanning and Zoning Commission-Minutes-8/25/2003 aeD~ T~. "as PLANNING AND ZONING COMMISSION MEETING MINUTES - August 25, 2003 CALL TO ORDER Chairman Wall called the meeting to order at 7 p.m. ROLL CALL Commissioners Bruce Kelly, Bob Culley, Earl Swift, Jeff Byerly, Mark Jones, and Jeff Wall were present. Commissioner Bud Sellers was absent. Tom Niederauer, Jeff Jones and Jan Levy from staff were present. INVOCATION The invocation was given by Commissioner Byerly PLEDGE OF ALLEGIANCE CITIZEN COMMENTS There was no comment. AGENDA ITEMS NOTE: The Commission moved item #2, Case P-03-022, to the first item for consideration. 1. Case P-03-022 - Replat of Lot 8, Block 4, Remington Park, Phase III located at 6008 Chestnut Bend Tom Niederauer presented the case to the commissioners and reviewed the staff briefing. Commissioner Jones asked staff if there were any drainage issues associated with this plat. Staff responded that they were not aware of any. Chairman Wall opened the public hearing. No one was present wishing to speak. The public hearing was closed. Commissioner Culley moved to approve the replat. Commissioner Jones seconded the motion. The vote being: Ayes: Kelly, Culley, Swift, Byerly, Jones, Wall Noes: None Planning & Zoning Commission Minutes - August 25, 2003 Page 1 of 7 Approved on September 8, 2003 2. Case P-03-019 - Final Plat of Old Grove, 45.459 acres located west of the Westmont Addition and southwest of John McCain Road Tom Niederauer presented the case to the commissioners and reviewed the staff briefing. He pointed out staff's objections and went into detail about the southwest corner of the plat where the applicant want to plat an emergency access easement in the place where the trail is to be located. He said there is a conflict in function of the parkway connections. He said on the preliminary plat the link to another subdivision and emergency access easement was to the north of Hillier Court. He also pointed out that at the northeast corner of the plat there are three platted parcels outside this plat that the developer fronts a five foot strip of property onto and that prevents the adjacent lot from having access to the public street. Chairman Wall said he believed the main issues the commissioners will have to deal with are: 1) the sidewalk issue and he referred to the comments by the developer in his response letter to the DRC comments; 2) a letter in the packet from the Parkers concerning the intersection of Old Grove and John McCain; and 3) the drainage plans. Commissioner Swift commented that the drainage issues are huge issues. He said he went to the site where the City Park meets Old Grove and looked at what is happening. He said if the Planning and Zoning Commission approves this plat, it will exacerbate the problem. He sited the examples of Beddo Creek being covered up and the silt filling the Hightower pond. He asked what they are going to do to prevent the same thing from happening to the Monticello ponds that has happened to the Montclair Park ponds. He said the runoff of silt at the southeast corner of the subdivision is obvious and will and has already affected the Monticello ponds because they are now down to 6" in depth because of the infilling of silt. He said the silt fences are new and they are already full so prior damage has been done. Commissioner Swift said again that this problem is a huge issue. Chairman Wall requested the developer's representative to present information to the Commission. Joe Potthoff, 1201 W. Abrams, Arlington, Texas, said he was representing Old Grove Limited Partners and David Bagwell. Mr. Potthoff commented on the access issue and said it is not a likely scenario for a pedestrian and fire truck to be on the trail at the same time, and if the developer's engineer, the Parks Department, and the Fire Department got together to design a trial it could be done to achieve a good result. Mr. Swift said that David Bagwell's letter in the packet says staff's comment about the trail is absurd. Mr. Potthoff told the commissioners that the developer is trying to create a unified subdivision and an overall community. He said the whole point is to create the most natural environment possible. He requested that the commissioners approve the final plat subject to the emergency access and trail plan being worked out. Mr. Potthoff said the issue of the five foot strip of open property along the Niedholt Addition was acknowledged by the approval of the preliminary plat. He said the preliminary plat called out the 5' as being made into a utility easement and this occurs in several instances throughout the city. He said the first plan for the subdivision had lots backing up to the Planning & Zoning Commission Minutes - August 25, 2003 Page 2 of 7 Approved on September 8, 2003 Niedholt Addition, but in order to save trees they changed the configuration. He said that because Mr. Bagwell's deeds and restrictive covenants cannot be enforced on the adjacent property, the lot in the Niedholt Addition that runs parallel to the proposed street should not be allowed to have access to the Old Grove subdivision. He said that the current access to John McCain Road by the lots in the Niedholt Addition has never been changed in any previous plats associated with Old Grove. Mr. Potthoff said the same conditions applied to the Baker property before Mr. Bagwell purchased it and incorporated it into the subdivision. He said from an environmental aspect, the submitted final plans are preferred over the configuration that was approved in the preliminary plat. Commissioner Culley asked Mr. Potthoff questions about the pedestrian easement and questioned Mr. Potthoff if he had a study to support his theory that a fire truck and a pedestrian are unlikely to be at the same cross-section of the trail at anyone time. Mr. Potthoff responded that he did not have a study, but was only using logic. There was discussion about safety issues. Chairman Wall asked Mr. Potthoff why he stated it is less expensive to move the emergency access easement to the location that was approved by the preliminary plat when two expensive residential lots would be directly affected by the location of the access and their economic value would decrease. Mr. Potthoff did not comment on Chairman Walls questions about the sidewalk issues and referred the question to the developer's engineer. Eddie Eckart, 6001 Bridge Street, Fort Worth, the engineer representing the project, gave the status of the construction plans that have been submitted to City staff. He said he and the developer have designed the intersection per staff's comments and the plans are still open for review and in the process of being approved. Mr. Eckart said the City makes the decisions about where stop signs are placed and the intersection would probably become a three way stop. Commissioner Swift asked the engineer about the egress and ingress onto John McCain. Mr. Eckart responded that there are no trees in the proposed ingress/egress easement. He drew a picture of the proposed intersection on the white board in the chambers. He said that Old Grove Road would bypass the exterior of the Niedholt lots and they will continue to have the same access to John McCain Road. He said those lots are not helped or hindered by the subdivision. Commissioner Culley asked Mr. Eckart questions about the proposed gate for pedestrian traffic. Mr. Eckart responded that he believes if the City departments and developer work together, they can come up with an alternative. He said the trail can cross a fire lane access, they can coexist and he envisions a crossing rather than the two running parallel. Chairman Wall asked Mr. Eckart if he has additional time to work with staff before the Commission votes on the plat. Mr. Eckart responded there can be a resolution with a vote tonight because the developer wants an alternative that is functional, safe, and aesthetically pleasing. Chairman Wall said that Mr. Potthoff said the developer wants to move forward and Planning & Zoning Commission Minutes - August 25, 2003 Page 3 of 7 Approved on September 8, 2003 not delay. Mr. Eckart said if something can't be worked out, then they would go back to the preliminary plat location. Commissioner Swift said the critical issue is still the silt runoff. He said he walked the property two times and beyond the silt fence the runoff was evident. He said the silt runoff goes into the Monticello ponds and also Mr. Hightower's pond has increased in silt. Commissioner Swift explained how Montclair Parc is suffering similar circumstances because the same developer has allowed silt to runoff the Broughton Addition into those ponds. He told Mr. Eckart he wants to do something immediately to alleviate the problem, now during the construction process. He said Whittier Heights has been virtually cleared of all trees and silt is prevalent. Mr. Eckart pointed out on the plat the direction of water flow in the area and said the construction plans they submitted to the City are in the process of being review. He said that Whittier Heights is designed to install a pond that acts as a siltation system post construction and detains water during construction and then will continue to filter the silt. He discussed erosion existing in the area prior to this development being planned and said that everything was filtered onto themselves because they owned the property. Commissioner Swift said he still has considerable concerns about the drainage issue. Chairman Wall asked Mr. Eckart to comment on David Bagwell's comments on sidewalks. Eddie Eckart referred to the comments made by David Bagwell and then read the requirements that were passed in the PUD and how some areas of the subdivision are exempted from the Land Development Code regulations. Chairman Wall listed the points he believed needed to be discussed by the commissioners and said it would be appropriate for a motion at that point. Commissioner Swift asked for the rules to be suspended in order that they may receive comments by the citizens who were in attendance at the meeting and live in the area of the subdivision. Chairman Wall said the rules would be suspended and each citizen would be given five minutes to comment. The commissioners asked for a break at this point in the meeting. The commissioners took a five minute break and resumed the meeting. Those present wishing to speak were: Carol Parker, 105 W. John McCain Road, said she was also representing her husband Carl and her daughter. She informed the Commission that she has a house at 105 and also owns the lot at 103. She said they purchased the two lots many years ago and the lot at 103 has been an investment and one day they may sell that lot. She drew the current access the three lots have onto John McCain Road and how they will be affected by Old Grove. She also discussed the drainage problems in the area. Commissioner Swift commented about how there will be six things happening at the newly proposed intersection of the Old Grove Addition, the entrance and exit from the Niedholt Addition, and existing traffic on John McCain Road. Planning & Zoning Commission Minutes - August 25, 2003 Page 4 of 7 Approved on September 8, 2003 Beth Battles, 101 W. John McCain Road, spoke about the realignment of John McCain Road and she also said that a condition of the preliminary plat approval stated the developer would address the intersection at final platting. She said this plat is the time to discuss and resolve the intersection design. She said that the developer proposes to move the roadway and the mature trees that have provided coverage in front of their homes will be cut down. She said she is shocked and upset that the developer has never talked personally to the homeowners in the area. Ms. Battles recommended the Planning and Zoning Commission should table the final plat to allow time to resolve these problems. She said if the commissioners approve the final plat it will be a mistake and the problems in the area will not be resolved. Grady Walker, 7301 and 7309 John McCain Road, displayed a copy of the construction plans the City received from the developer for the intersection. He said it seems to be lacking in accuracy and the zoning and planning of property should go together with construction of roadways. He said the roadways have already started and the developer has already bulldozed trees without having a final plat approved. He said the developer needs to work with the people already in the area and is taken back by the comments of the developer's representatives about the movement of roadways and trails. Mr. Walker commented that John McCain should be the primary road, not Old Grove Road. He said the water issues are significant and he said he has asked staff many times to show him the studies the City has done in the area, and they cannot produce the studies. He said the City will have no recourse after the developers develop the area and maybe the citizens should consider approving a bond or use reserve funds to study the area for the next five years and develop options. Josh Coleman, 7204 John McCain, said he has three acres that front on the creek and drainage is a huge issue. He said the drainage in the overall area has been poorly addressed. He said there are ways of making the John McCain intersection work and it is absurd the developer has not worked with the Parkers or the Battles. Mr. Coleman said the developer, David Bagwell, did not comply with the original design on Westmont and the City made him correct the problem. He said if the drainage problem continues, it will become a mud pit on the Parkers and Battles property and there is already a problem on John McCain. He said the City needs to back up and address the horrible drainage problem that will only become worse. He said the Whittier Heights property has been wiped clean of the trees and the additional rooftops and cement will only worsen runoff and the drainage problem. He said all of the designs are only designs and do not account for the additional runoff, but this is real life if the plan is approved. Mr. Coleman said the developer talks about high standards in his subdivision, but he and his neighbors have very high standards because they interact with each other if there is a problem. He said the City has needed a study in the area and down stream for the last ten years, and there needs to be more detention along the entire creek. No one else was present wishing to speak. The public hearing was closed. Commissioner Jones said the citizens have given them more things to chew on and doesn't know who on the Commission can determine the extent of the problems and there is no one from staff representing the engineering department or parks department to guide them. He suggested they table the case and ask the developer to meet in a work session. Planning & Zoning Commission Minutes - August 25, 2003 Page 5 of 7 Approved on September 8, 2003 Commissioner Jones said he has experienced a fire in his neighborhood that created a serious problem with traffic because of the limited access for the fire department. He asked Fire Marshall Jeff Jones to comment on the traffic design and the problem with all of the traffic merging onto one road. Jeff Jones said the developer asked for the Hillier Court access in the preliminary plan, but the fire department would rather have access of Providence Road; however, that does not give a second access for Westmont. He said the big issue is with the park department's objections to the hike and bike trail alignment with the emergency access. He said he has encouraged David Bagwell to work with Monica from the parks department and he believes there is a workable pedestrian trail design. Commissioner Swift said the Fire Marshall should prevail in the safety design for the area. Chairman Wall said there are several options for the commissioners to consider. He said one option is to table the case. He asked staff about the time clock for plat approval. Tom Niederauer read the section from the Land Development Code that states the Planning and Zoning Commission has 30 days to take action from initial consideration and then City Council has 30 days to take action on the request. Mark Jones asked Mr. Niederauer if Barry LeBaron told him to tell the commissioners that and Mr. Niederauer responded that he and Barry had discussed that prior to the meeting, but he was reading the regulations from the Land Development Code. Chairman Wall said another option would be to approve the plat with amendments and another option would be to deny the plat. Commissioner Swift recommended that the commissioners hold a public work session with city staff and the developer to go over the issues. He said it would be a mistake to deny. Commissioner Kelly commented that the developer has not met with surrounding homeowners. Commissioner Culley commented that one thing is clear to him, that not everyone will be satisfied with whatever decision is made. He said the development is not wrong on all items and he appreciates the citizens' good input. Commissioner Jones said the only reason he would go along with tabling the case is for the purpose of having the developer meet with the fire department, the parks department and the surrounding property owners. Chairman Wall said the citizens have definite issues and need to be considered. He said the public comment needs to be listened to. Commissioner Swift moved to table the final plat. Commissioner Kelly seconded the motion. Commissioner Culley said he wanted to emphasize to Eddie Eckart that the motion to table is not taken as a way to require the developer to start over again on the development. He said the City needs to address the drainage issues along side with the developer and the commissioners need to not be put in a position of like it or lump it. Commissioner Culley said there needs to be a design for the trail system and emergency access system to work together. Planning & Zoning Commission Minutes - August 25, 2003 Page 6 of 7 Approved on September 8, 2003 Chairman Wall called for the vote. The vote being: Ayes: Kelly, Culley, Swift, Byerly, Jones, Wall Noes: None Chairman Wall requested that staff pass on to Barry LeBaron that the commissioners want more information on the issues and they want to schedule a work session meeting prior to the next time the Planning and Zoning Commission regularly meets so the engineers can address the drainage issues. Commissioner Jones said they need a comprehensive drainage study and would like a workshop prior to their next meeting with the Fire Marshall and the Parks department. 3. Discussion of the Master Plan Update: There was none. 4. Staff Comments, Reports and Discussion Items: There was none. 5. Commissioners' Comments and Reports: There was none. The Commission adjourned the meeting at 9:30 p.m. by acclamation. Respectfully Submitted, n Levy Planning & Zoning Assistant 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 - August 25, 2003 Page 7 of 7 Approved on September 8, 2003