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HomeMy WebLinkAboutPlanning and Zoning Commission-Minutes-9/27/2004 cc.~ Texas PLANNING AND ZONING COMMISSION MEETING MINUTES - September 27, 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 Kelly. PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES For the minutes of August 23, 2004, Commissioner Edwards requested the minutes to be corrected for case #1 that she is listed as making the motion to approve and seconding the motion; on pa~e 3, next to last paragraph to change "feature" to "features" and on page 4, the 4 paragraph to change "there" to "their". Commissioner Duffy requested the minutes to reflect when ownership is transferred from a developer to the homeowners association. Commissioner Byerly moved to approve the minutes of the August 23, 2004 meeting with the corrections noted. Commissioner Duffy seconded the motion. The motion was approved by the following vote: Aye: Byerly, Edwards, Dolan, Dudziak, Duffy, Kelly Nay: None CITIZEN COMMENTS None Planning & Zoning Commission Minutes - September 27, 2004 Page 1 of 8 AGENDA ITEMS 1. Case P-04-035 - Final Plat of Tuscany, 9.56 acres located at 5850 Colleyville Boulevard Clayton Husband presented the case to the Commission and reviewed the staff briefing. The owner's surveyor and engineer have addressed all Development Review Committee comments. This preliminary plat also requires approval by the City Council. Commissioner Duffy asked about the commercial lot adjacent to the lots plotted and wished for this lot to be separated from this plat. Barry LeBaron stated the commercial lot is already zoned, the developer chose to incorporate the lot in the platting process and make that lot part of this plat. This piece of property actually existed on the ground as a vacant tract of land. This lot is not part of the PUD, was simply drawn in on this plat. The development encompassed this lot and is consistent with the preliminary plat. Commissioner Edwards wanted to know what the commercial lot is zoned. Clayton Husband responded with CC-1. Barry LeBaron stated that this is not a zoning case, rather a platting issue. The zoning was approved in the spring; this is simply approval of lots only. Jackey Fluitt with GSWW, 3950 Fossil Creek Blvd, Fort Worth, TX - Commented that the drainage ponds will be built flush with the ground and will flow into detention ponds. They are also working with TXDOT for the drive access. Barry LeBaron stated the legal descriptions will all be consistent with PUD and this is for platting purposes only. Motion made by Commissioner Byerly to approve the final plat of Tuscany. The motion was seconded by Commissioner Kelly. Aye: Kelly, Edwards, Byerly Nay: Dudziak, Dolan, Duffy Tie vote: Barry LeBaron suggested taking a revote. Commissioner Byerly stated that the plat meets requirements and Commission is required by law to accept. Commissioner Edwards suggested putting a notation in the site data paragraph explaining the lot zoned for commercial. Barry LeBaron stated a notation could probably be placed in the site data. Motion made by Commissioner Byerly to approve the final plat of Tuscany Case P- 04-035. The motion was seconded by Commissioner Kelly. Aye: Kelly, Duffy, Edwards, Dudziak, Dolan, Byerly Nay: none Planning & Zoning Commission Minutes - September 27, 2004 Page 2 of 8 2. Case Z-04-031 - PUBLIC HEARING - Zoning change from AG and CC1 to PUD-C on 1.28 acres located at 6405 Colleyville Boulevard Clayton Husband presented the case to the Commission and reviewed the staff briefing. Commissioner Duffy asked about the entrance to this facility, would it meet the requirements of TXDOT? Clayton Husband responded that TXDOT would still have to approve any entrances. Commissioner Duffy then questioned about the rental trucks being parked in the front of the facility where the customer parking would be located. Clayton Husband responded that a phrase could be placed in the ordinance to reflect the desire of the Commission that no rental trucks could be parked in those parking spaces. Chairman Byerly opened the public hearing. Jackey Fluitt with GSWW 3950 Fossil Creek Blvd, Fort Worth, TX was present to represent Additional Self Storage. Mr. Fluitt presented the case to the Commission as well. Howard Lawson owner of Additional Self Storage was present to answer any questions by the Commission. Citizen Comments: James Reynolds Sr., 6405 Colleyville Boulevard, stated the address to the proposed facility is incorrect, that is actually his address. Mr. Reynolds Sr stated the lines drawn on the maps were incorrect. Barry LeBaron responded that the map scaling could be incorrect. Clayton Husband stated he would check with Tarrant Appraisal District about the address. Lyn Burell, 5401 Chelsea. He stated is this area industrial or retail? His other concerns were about egress and that the notices were not mailed out early enough to make application for his property. Robert Ellington, owner of Kathleen's Art Cafe Addition at Sanders Lane and Colleyville Boulevard. He also stated that notices were not received early enough to have an opinion and that when he bought his property over 10 years ago his original plans were to put a restaurant there and he will not be able to if this is industrial. There being no one wishing to speak, the public hearing was closed. Commissioner Duffy asked if the notices were actually mailed out on September 16th, and Clayton Husband responded that they were mailed out on September 16th, Planning & Zoning Commission Minutes - September 27, 2004 Page 3 of 8 and the timing of delivery is out of the City's control and up to the post office. In conjunction with the mailing a notice was in the paper as well. Commissioner Duffy added that a change in local areas for zoning requires notification to the citizens and feels that the citizens have not been given due process. Commissioner Byerly responded that the Commission and City Council still have to review this case. Barry LeBaron responded in order to preserve retail base, because of the 30 feet of frontage on Highway 26, that this facility in really not that bad of a use to put behind retail. That is why he recommended approval of this case to the Commission. Commissioner Edwards added that because of the storage facility behind, it will still leave enough frontage for retail. However, the right-of-way issues will have to be addressed when going through the platting process. Commissioner Byerly responded that TXDOT will be involved. Clayton Husband replied all issues regarding access will have to be permitted by TXDOT. Commissioner Byerly also asked about the signage issues and Clayton Husband responded that monument signs are required and outlined the specifics. Commissioner Duffy was concerned about not having any right-of-way on the drawings. Clayton Husband responded that the developer will provide right-of-way with the site plan. Barry LeBaron replied those issues will be on the site plan for approval. Commissioner Duffy questioned citizens about which lots were theirs. Commissioner Byerly noted that the public hearing had been closed. Martin Griffin, 705 Premier Place, Grapevine stated land owners needed more time to consider the zoning change. Mr. Griffin stated the industrial facilities need to be in the industrial areas not in the retail areas. Commissioner Edwards asked about the easement for an interior access from Colleyville Blvd. Barry LeBaron replied that the north and south properties already platted and that TXDOT may require some changes. Commissioner Dudziak stated office space is the general use and this facility will break up the use of continuous types of developments. He does not see long term benefit. Commissioner Kelly stated it takes away some of the flexibility the city will have down the road. Planning & Zoning Commission Minutes - September 27, 2004 Page 4 of 8 Commissioner Edwards added that nobody will be cut off as long as cross access easements are available. Commissioner Dudziak would like to see a larger project that would be more economically successful, and that a PUD zoning breaks up the area. Commissioner Byerly stated the developer needs to get with neighbors to see if an agreement can be met. Commissioner Duffy made a motion to table this item till more information is available where other property owners can know what is being presented. The motion was seconded by Commissioner Dudziak. Aye: Kelly, Dudziak, Duffy, Dolan, Byerly Nay: Edwards 3. Case Z-04-032 - PUBLIC HEARING - Zoning change from R40 to PUD-R on 9.91 acres located at 908 W LD Lockett Road Clayton Husband presented the case to the Commission and reviewed the staff briefing. Commissioner Duffy stated that this plat does not meet the PUD provisions for open space. Less than 4% of the open space is usable area and 68% is pond area. He questioned about Lot 22, will it be cutup for a road, gated or not. Clayton Husband responded that Lot 22 would be gated. Commissioner Duffy asked if all will be provided at platting. Commissioner Edwards also concurs with Commissioner Duffy about the open space. Commissioner Edwards stated the PUD has some flexibility, but not with these percentages of open space and she is not willing to approve items that are not concurrent with PUD. Chairman Byerly opened the public hearing. Rod Ekern, 1705 Forest Ridge Drive, Suite 102, Bedford, representing the applicant. This property is adjacent to Emerald Park offering the same type of product, a little bit higher end, gated separately from Emerald Park, with the same product and lot sizes. The developers are the ones who recommended and suggested the connection with Emerald Park with Lot 22. There will be no single story homes and the development will have sidewalks going around and tied to Emerald Park. Iron fencing will be constructed on the back yard, trees, landscaping, public walkway, benches and items for people to be able to walk all the way around and connect into Emerald Park. As stated in the ordinance, the open space can be used as open space, retention or detention ponds and no requirements with how much or how little space is required. Residents have views with fountains from their back yards. Mostly "empty nesters" will be the primary homeowners. Planning & Zoning Commission Minutes - September 27, 2004 Page 5 of 8 Commissioner Byerly asked how the gate is going to work. Mr. Ekern presented diagrams. He also stated these home owners want this to be an upscale subdivision and they want to keep traffic minimal. The same home builder as Emerald Park and is looking to sell in conjunction with Emerald Park. Commissioner Byerly asked about lots 23 and 21 to see if belong to Emerald Park. Commissioner Duffy questioned if Lot 22 is the fire easement and is it in writing to City. Mr. Ekern responded that the developer will re-plat when this is platted. Commissioner Duffy also asked if the five foot walk is on the public right-of-way. Clayton Husband responded that is correct. Commissioner Dudziak asked for clarification of ponds with fountains. Mr. Ekern stated the developer is required to keep water from being stagnant. Commissioner Dudziak stated this plat does not meet open space requirement of the PUD. Jeff Zimmerman, Remington Park, 6403 Champion Way - He stated the homeowners are not just empty nesters as what keeps being stated by developers. These homeowners have kids and they ask me what I am going to do with my open pasture area. Fountains are going to be a problem. Density is too high. Andrew Mittag, 901 W. Lavaca Trail - He stated he drove through Emerald Park and counted 2 homes with people living in them and 3 sold signs. This product isn't working. The L.D. Lockett property side is higher than his property. Remington Park causes water problems on Lavaca, which have somewhat been solved. Commissioners need to make sure no more water will flow to the other end, and to think of the residents to the west. We have horses and do not intend to move. The developer needs to put in a wall to protect his property for potential buyers not having to see horses. Please consider how these houses are going to be designed. Lisa Stadjuhar, 101 Williamsburg Ct. owns land east of the proposed development, 10.4 acres of agricultural exempt land. We like horses and grow coastal hay to sell for agricultural related purposes and have handicap adults and children who get lessons. The agricultural related business has benefited the high school students to come and volunteer. Ms. Stadjuhar has multiple concerns about new development, drainage, and density. The developers need to consider the screening wall idea so that cars can not run in to my property and tear down the fence and let horses out. Public hearing closed. Commissioner Byerly stated that Emerald Park was the buffer and there are density issues. This is not the right trend to go down L.D. Lockett. Planning & Zoning Commission Minutes - September 27, 2004 Page 6 of 8 Commissioner Kelly concurred with Chairman Byerly. Not wise to use a straight piece of land and put too many houses into the area. It will affect the ambiance of Colleyville and does not see this as a good fit. Commissioner Dudziak concurred with both. Residents want to hold on to the original area Colleyville used to be. John Butler, 908 LD Lockett Road, applicant. He stated this will blend in with Emerald Park and has same density. Emerald Park was approved. This will be a great addition to Colleyville with great quality. It will be a natural extension of Colleyville. The master plan calls for commercial and a 4 lane road which would not be conducive to this area. This is the highest and best use for this area and Colleyville. Commissioner Byerly stated this area is zoned R40 and the master plan shows commercial and office. Clayton Husband responded that the revised master plan shows where this type of development will be considered. Commissioner Edwards stated she is not opposed to development of the property, but this area in general is much lower in density. However, Emerald Park was used as a buffer. Commissioner Dolan concurred with Commissioner Edwards and stated that losing the identity of Colleyville's quality of life is not the route to take. However, no one envisioned the density situation, yet understands that the quality of life and rural community needs to be maintained. Motion made by Commissioner Kelly to deny case Z-04-032. The motion was seconded by Commissioner Dudziak. Aye: Kelly, Dudziak, Edwards, Duffy, Dolan, Byerly Nay: None STAFF REPORTS None COMMISSIONER COMMENTS Commissioner Kelly stated a meaningful viable open space needs to be nailed down in the master plan. The Commission needs to pass to the city council the dilemmas the Commission has regarding open space. Commissioner Dolan also addressed the open space issue. Also, traffic issues exist on L. D. Lockett. Planning & Zoning Commission Minutes - September 27, 2004 Page 7 of 8 Commissioner Duffy suggested that the Commission have the opportunity to be able to address minutes before going to council with them. Commissioner Byerly concurs with Commissioner Kelly about open space, usable open space, some percentage needs to be agreed upon. With a PUD, Commission has a little leeway with sidewalks, ponds, benches etc. to be able to make open space be user friendly. Commissioner Dudziak asked how to make that change in the Land Development Code. Barry LeBaron responded it would take a text change and maybe some standards for detention. PUD intended to give the Commission some flexibility. If you make PUD strict, then defeats the purpose of some sort of flexibility. Commissioner Duffy concurs with Barry LeBaron and also stated about the bonuses to density etc. and what happens is that the Commission can increase the density based upon the open space allocations. Commissioner Dudziak wants developers to be held liable to the open space. Commissioner Kelly commented on the city's staff and said thanks. Commissioner Duffy wanted to personally thank Commissioner Kelly for his service on the commission for the city. Commissioner Byerly concurred with Commissioner Duffy. ADJOURNMENT The Commission adjourned the meeting at 9:40 p.m. by acclamation. Respectfully Submitted, JG~ 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 27, 2004 Page 8 of 8