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HomeMy WebLinkAboutPlanning and Zoning Commission-Minutes-9/13/2004 cce~ Texas 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. Planning & Zoning Commission Minutes - September 13, 2004 Page 1 of 4 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 Planning & Zoning Commission Minutes - September 13, 2004 Page 2 of 4 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. Planning & Zoning Commission Minutes - September 13, 2004 Page 3 of 4 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. Planning & Zoning Commission Minutes - September 13, 2004 Page 4 of 4