HomeMy WebLinkAboutPlanning and Zoning Commission-Minutes-9/13/2004
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PLANNING AND ZONING COMMISSION
MEETING MINUTES - September 13, 2004
CALL TO ORDER
Chairman Byerly called the meeting to order at 7:00 p.m.
ROLL CALL
Commissioners Jeff Byerly, Bruce Kelly, Luann Edwards,
Thomas Dolan, Dave Dudziak, and Denis Duffy were
present.
Earl Swift was absent.
Barry LeBaron and Clayton Husband from staff were
present. Ross Foster, City Attorney, was present.
INVOCATION
The invocation was given by Commissioner Dolan.
CITIZEN COMMENTS
None
AGENDA ITEMS
1. Case P-04-034 - Final Plat of Rockrimmon, 12.15 acres located in the 100 block of West
Glade Road
Clayton Husband presented the case to the Commission and reviewed the staff briefing.
Commissioner Duffy asked if the preliminary plat was considered by the City Council. Staff
advised the Council approved the preliminary plat with the waivers listed in the resolution.
Commissioner Duffy asked when the homeowner's association would be started. Staff
advised that usually occurs at the time the lots are sold. Commissioner Duffy asked where
the lots to the north of the site were provided access. Staff advised those lots have access
from Bill's Lane and Fry Lane, which are both private streets.
Commissioner Dudziak asked if the entrance to the subdivision meets the requirements
contained in the Code. Staff advised that it does, and referred to a copy of the proposed
gate and entrance layout. Commissioner Dudziak asked about fencing plans for the
development.
Rob Ward, 704 Kent Court, Southlake, developer. He stated their plans are to construct a
wall along Glade Road, and continue the fence along the lots up to the location of the
gates.
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Minutes - September 13, 2004
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Commissioner Edwards asked if there would be a pedestrian gate. Mr. Ward stated yes.
Commissioner Edwards asked the developer to review the drainage plans for the
subdivision. Mr. Ward s provided an overview of the drainage to and from the subdivision.
Commissioner Dudziak asked for clarification on whether Chapter 10 should be referenced
in the conditions of approval since the private streets are not referenced. Ross Foster
stated all the conditions of Chapter 10 apply to the property.
Commissioner Edwards asked whether the utilities are private. Staff advised that the water
and sewer utilities are still maintained by the City as the utilities are located in an easement
overlaid on the private street lot.
Motion by Chairman Byerly to approve the final plat. The motion was seconded by
Commissioner Kelly.
The motion was approved by the following vote:
Aye: Byerly, Edwards, Dolan, Dudziak, Duffy, Kelly
Nay: None
2. Case G-04-020 - Review and discussion of regulations for private streets and entrance
gates
Barry LeBaron presented the case to the Commission and reviewed the staff briefing. He
stated that the gated development regulations were adopted in 1998 and that there were
currently fifteen private-gated developments in Colleyville. He stated that the City Council
had requested the Planning and Zoning Commission's review of the gated development
regulations to see if there were any changes needed. Commissioner Duffy suggested that
comments be offered at this time with staff bringing back draft revisions at a future meeting
for the Commission's review. Barry LeBaron stated that the regulations seemed to reflect
more procedural process for the conversion of existing subdivisions than for the creation of
new gated developments as a part of a new subdivision plat. Commissioner Edwards
asked if the changes would be accomplished by resolution or ordinance. Barry LeBaron
stated that it would require an ordinance to amend the gated development regulations.
Commissioner Dolan asked about existing streets being closed as a part of the gated
development process. Ross Foster stated that each property owner living adjacent to a
street have an interest in the street and it would require one hundred percent of the
property owners to convert a public street to a private gated street. Commissioner Kelly
asked which development recently caused concern by the City Counc.il. Barry LeBaron
stated it was the Strathmore development, because it contained less than twenty lots.
Barry LeBaron also questioned the fee structure, which provided for a refund if a gated
development request were denied. Commissioner Edwards asked which gated
developments contained less than twenty lots. Barry LeBaron stated that Strathmore,
T anglewood and Beldon Hollow were the three he could remember. Commissioner Kelly
asked where the twenty lot standard came from. Barry LeBaron replied that after
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Minutes - September 13, 2004
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researching past City Council minutes, it appeared to just be an arbitrary number.
Commissioner Dudziak stated that he didn't think the reserve fund provision in the current
regulations would generate sufficient revenues to repair or replace the street.
Commissioner Duffy stated he would like to start at the beginning of the ordinance.
Commissioner Duffy read a list of his concerns which included, are private gates and
streets built to city standards, are HOA reserve funds audited, is indemnification of liability
to the city included in HOA documents, is there a method for revocation of a private street
permit, is there a method to approve a variance, has the Planning and Zoning Commission
reviewed all private street subdivisions, who reviews subdivisions for continued
maintenance, who monitors reserve funds, has any HOA appealed to the City Council to
not maintain their streets, and who tests the gates.
Commissioner Dudziak expressed concern about when the developer creates the
homeowners association and when the reserve fund becomes established. He also stated
that the HOA documents should include a statement regarding the engineering estimate of
maintenance costs on a periodic basis.
Commissioner Dudziak asked if any special proVISions were needed for townhomes or
higher density developments. Barry LeBaron stated that higher density communities would
have more lots to contribute to the fund.
Commissioner Dolan asked under what conditions an existing development would turn the
streets back to the city. Barry LeBaron stated the ordinance requires a written petition by
the adjoining property owners.
Commissioner Dudziak expressed concern that the regulations do not have any real
enforcement provisions.
Commissioner Duffy asked if the city assumed any liability if the HOA didn't have adequate
insurance regarding a claim and should the regulations require proof of such liability
coverage or indemnification of the city. Ross Foster stated the there is no obligation on the
city to either approve or disapprove a private gated development. He also stated that the
city assumes no obligation to repair the streets with the approval of a private gated
development. He stated that the whole purpose of the private gated development
regulations is to soften the political situation where you let someone have a private gated
development for twenty years or so then come to the city to repair their streets when it
costs a lot of money. He stated that if you make it so complex and expensive that it may
defeat the purpose of the regulations. Commissioner Dudziak stated that the HOA
documents should make it clear regarding the reserve fund for street maintenance.
Commissioner Dolan stated that there is nothing to prevent an HOA from amending its by-
laws to reduce the monthly maintenance fee, even though the current regulations would
require city approval. Ross Foster stated that if all the lots are sold there is probably no
enforcement mechanism available to mandate the reserve fund. Commissioner Dudziak
stated he would like to see a copy of the exhibit referred to in the regulations.
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STAFF REPORTS
None
COMMISSIONER COMMENTS
Commissioner Byerly asked if the open space shown on the median could have been
considered as part of the open space percentage if the plat had been a part of a PUD.
Clayton Husband stated it could count as open space, if it had been a PUD instead of
straight zoning. Commissioner Kelly stated that one of the statements in the master plan
was to start putting an upper limit on the utilization of open space used for run-off detention.
ADJOURNMENT
The Commission adjourned the meeting at 8:19 p.m. by acclamation.
Respectfully Submitted,
JCH
J. Clayton Husband AICP
Development Coordinator
Approved on: October 11,2004
Note: As a matter of public record, an audio recording of this Planning and Zoning Commission meeting is
available upon request.
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Minutes - September 13, 2004
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