HomeMy WebLinkAboutPlanning and Zoning Commission-Minutes-11/8/2004
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Texas
PLANNING AND ZONING COMMISSION
MEETING MINUTES - November 8, 2004
CALL TO ORDER
Chairman Byerly called the meeting to order at 7:00 p.m.
ROLL CALL
Commissioners Thomas Dolan, Dave Dudziak,
Thomas Bartkowski, Jeff Byerly, Luann Edwards,
John Blassingame, and Denis Duffy were present.
Barry LeBaron, Clayton Husband and Amy Shelley
from staff were present. Ross Foster, City Attorney,
was present.
INVOCATION
The invocation was given by Commissioner Dolan.
PLEDGE OF ALLEGIANCE
APPROVAL OF MINUTES
There were no corrections or changes to be made for the October 11, 2004 minutes.
Commissioner Edwards moved to approve the minutes of the October 11, 2004
meeting. Commissioner Duffy seconded the motion.
The motion was approved by the following vote:
Aye: Dolan, Dudziak, Bartkowski, Edwards, Blassingame, Duffy and Byerly
Nay: None
CITIZEN COMMENTS
None
AGENDA ITEMS
1. P-04-039- Minor Plat of Thorne Addition, 0.73 acres located at 405 Shelton
Drive
Clayton Husband presented the case to the Commission and reviewed the staff
briefing.
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Minutes - November 8, 2004
Page 1 of 17
Commissioner Byerly questioned staff if this is lot is un-platted tract from before?
Clayton Husband responded yes and it will have to be platted before new
construction begins.
Commissioner Duffy questioned the old foundation forms in the back whether it is
old or new? Clayton Husband responded not sure on the status of that
foundation in question however, they would have to provide information on that
before permitting a permit for construction.
Commissioner Duffy questioned about stubbing into the asphalt circle currently
there for a driveway. Clayton Husband responded that is correct, the
homeowners will be able to stub into the existing asphalt cul-de-sac.
Commissioner Duffy questioned if this property is isolated because there appears
to be no access or no roads. Clayton Husband responded there is a piece of
property at the end of the street with a driveway and they would have access to
this cul-de-sac.
Commissioner Duffy questioned about the gravel haulers using property between
railroads, would that street be maintained or is it in the railroad right of way?
Clayton Husband responded believes that particular roadway is in the railroad
right of way. Barry LeBaron stated the triangle property (part of Shelton) the old
Bransford road is city owned and is being used as right of way and allowed the
city to build the cul-de-sac bubble where these properties would have their
driveways.
Commissioner Duffy made motion to approve Case P-04-039 and Commissioner
Dudziak seconded the motion.
The motion was approved by the following vote:
Aye: Dolan, Dudziak, Bartkowski, Edwards, Blassingame, Duffy and Byerly
Nay: None
2. P-04-040 - Preliminary Plat for Cambridge Place Addition, 9.181 acres located
south of Centerpark, east of Colleyville Boulevard
Clayton Husband presented the case to the Commission and reviewed the staff
briefing.
Barry LeBaron stated to the Commission that no action is to be taken on the
Ordinance because the Ordinance had already been approved. The
Commission is to take action on the plat.
Commissioner Edwards questioned staff what the lot coverage allowed is on this
subdivision? Barry LeBaron responded that the lot coverage was determined by
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Minutes - November 8, 2004
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the building envelope, these are smaller lots and maximum lot coverage was not
stated in the ordinance.
Commissioner Edwards questioned if the Planning & Zoning Commission had
recommended approval on this initially, when it went to Council. Clayton
Husband and Barry LeBaron stated could not remember whether or not this case
had been approved.
Commissioner Byerly stated upon his memory he did not think Planning & Zoning
recommended approval, a denial was received.
Commissioner Edwards questioned if this was going to be a gated community?
Clayton Husband responded did not believe so, however, the applicants are here
to answer any questions.
Commissioner Bartkowski questioned the minimum road center line turn radius
on the streets because of the tight turn radius on one of the streets in the
subdivision. Clayton Husband responded the plat meets the Fire Department
requirements for the turn radius. It has a 45' turn radius.
Commissioner Bartkowski questioned is there a minimum? Clayton Husband
responded 35' is the minimum on the inside on the outside is 50'.
Commissioner Edwards questioned whether if the arrows indicate a zero lot line?
Clayton Husband responded the arrows refer to 3' building line side of the
property and opposite side are 7'. They are very beneficial to city so that they
know which side is the 3' side.
Commissioner Bartkowski questioned what the minimum lot depth for this
subdivision? Barry LeBaron stated the ordinance provides for a 58' minimum lot
depth requirement for this subdivision. Clayton Husband stated some lots are
odd and turned sideways. Some homes will be wider than they are deep.
Commissioner Duffy stated some lots are in the 100 year flood line and
questioned whether or not those lots would be built up to 2' above the flood line?
Clayton Husband responded correct.
Commissioner Duffy questioned the run off of the water being directed from
south to north? Clayton Husband responded not having reviewed the lot grading
plans could not respond to how the water would drain. If water does drain south
to north, it would be diverted back in to the street, then down to the south to the
creek.
Commissioner Duffy stated all information states they are requesting a variance
for detention ponds because it will go in to creek. However, if they reclaim, it
goes through lot C, then that land would have to drain forward. Does not see a
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Minutes - November 8, 2004
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lot of water thought and just dumping in to creek doesn't make sense at this time
without some flow patterns, most of property having zero lot line would indicate
most of property is concrete and that being the case, grass has an absorption
rate of .8 and concrete has a .0 and all the water would go in to creek or some
place. Commissioner stated drainage plans with be with this plan, and has not
seen any yet. With the 100 year flood line being in several of the lots shown on
the plat, does not see where drainage provisions are allowed. Clayton Husband
provided preliminary drainage plans provided by their engineer and showed the
lots being able to drain towards the back toward the rear of the lots and water will
drain to the south to the creek.
Commissioner Duffy stated that would be the natural flow, but half of the
reclamation area, some of the lots, will have to be raised to meet the 2'. Clayton
Husband responded the pad of the house or the finished floor of the foundation
has to be raised the 2', not the whole lot.
Commissioner Duffy stated the information provided states; by releasing the on-
site storm run-off immediately, the on-site drainage is carried downstream prior to
the 100 year flood reaching its peak stage. Commissioner questioned at what
point and time would the 100 year flood reach its peak stage? Clayton Husband
responded could not answer that question.
Commissioner Duffy stated it would not reach its peak stage at this property but it
would further down stream. Clayton Husband stated had not reviewed the flood
study.
Commissioner Duffy stated the open space to be for entertainment or
recreational use of occupants. Stated the upper part of open space is usable but
the whole lower half of the open space is in the flood plain and would not be
usable. Clayton Husband responded that it is not uncommon for open space to
be in the flood plain area. It does not necessarily mean it is being used for
detention, the open space just happens to be in the flood plain. Barry LeBaron
stated that this PUD ordinance provides for a provision that allows the use of
open space for detention.
Commissioner Duffy stated could not reduce below the 20% requirement for
open space. Is there a plan for improvement on the open space? Clayton
Husband responded there is not a plan for improving the open space.
Commissioner Duffy open space goes up to Hwy 26? Clayton Husband
responded correct.
Commissioner Duffy stated at this time the open space is all in the flood area.
Clayton Husband responded that the southern portion open space is in the flood
area.
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Minutes - November 8, 2004
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Commissioner Duffy stated at this point, treatment of flood and water has not
been add ressed.
Commissioner Dudziak concurred with Commissioner Duffy on the open space
as being usable, recreation space. This plat does not add up to the 22% stated
for open space, numbers do not add up. Need to see what calculations are. Any
plans for trails? Not usable open space. Idea behind PUD is for open space to
be usable for residents. No parks in this area, that's why these PUDs need
usable open space for residents.
Commissioner Byerly stated this is not uncommon, the Commission has allowed
this type of open space use before, correct? Clayton Husband responded
correct. The open space does not state specifically recreational space; it could
be used as leisure space. Barry LeBaron stated using flood plain area as open
space is a good use, because there would be nothing in the place to hinder in the
event of flooding. Clayton Husband stated the nature center is located in a flood
area, and it is a good use of open space.
Commissioner Duffy stated at this point and time unless it can be shown as a
usable open space, right now, it is just a swamp area. No access along back lots
at the creek bed that allow people access. Barry LeBaron stated there is a huge
distinction between flood plain and flood way. The area they are using is in the
flood plain, flood way is further south.
Commissioner Edwards stated that part of the flood way is on the plat and
Commissioner Duffy concurred with statement.
Commissioner Duffy stated wanting to see a hydrology study or an engineer's
study that explains the consideration for the water flow. Clayton Husband
responded a study would be provided to the Commission and the developer is
present to answer any questions.
Commissioner Byerly asked the developer to come forward and explain or
answer the Commissions' questions.
Dan Quinto with Arcadia, the Developer and Don Rankin, the Civil Engineer
came forward to explain some issues. The issue about the flood plain line going
through the lower half of island, there has since been an updated by a
subsequent flood study. Mr. Rankin stated having worked with Chad Bartee, City
of Colleyville Engineer, and they will address all issues before going forward with
project. Mr. Quinto stated having done studies to make sure all issues have
been addressed. Mr. Rankin also concurred with Mr. Quinto. Mr. Rankin stated
this variance is for single family residents and in the ordinance it states allowing
storm run off to be released without detention. Detention is required because of
the density of this subdivision. Mr. Rankin stated that should any problems in the
future will be addressed. Mr. Quinto stated the open space is to provide a buffer
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Minutes - November 8, 2004
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and habitat and wild life for a sense of isolation and privacy. Most of our
customers are not interested in hike and bike paths, more interested in privacy.
Commissioner Dudziak questioned Mr. Quinto's intentions about putting in a
pathway. Mr. Quinto stated putting in a pathway would increase the water run off
and increases the usage which is not what the customer is wanting. This area
will be heavily landscaped.
Commissioner Dudziak questioned Mr. Quinto to see if any plans for recreational
equipment, play grounds, gazebos, etc. would be placed in the open spaces. Mr.
Quinto stated a gazebo would go in one of the open spaces, but not playground
or recreational equipment. These customers are strictly empty nesters all are
entirely.
Commissioner Edwards questioned how they would restrict who would buy these
homes. Mr. Quinto stated it's not restricted, simply the market.
Commissioner Dudziak stated that is really not the case in Colleyville, a lot of
older couples have children. Commissioner Edwards concurred.
Commissioner Duffy stated these are out of date drawings for the flood way? Mr.
Quinto stated the lines for the flood way are different; the drawings are not out
dated. Mr. Rankin concurred.
Commissioner Duffy questioned what percentage of the lot is concrete? How
much absorption and how much run off of water? Mr. Rankin stated this
subdivision percentage is .7 whereas a typical subdivision is .55. The run off is
slightly increased.
Commissioner Bartkowski stated is the new flood way line on this plat? Mr.
Rankin stated yes, limits of existing flood way easement. Commissioner
Bartkowski then stated how was the flood way easement obtained? Mr. Rankin
stated, Mr. Bartee provided that and is filed with the City of Colleyville. Mr.
Rankin also stated having received the CD for the easement from Mr. Bartee and
they will put their comments on the comments received from the City of
Colleyville. Commissioner Bartkowski stated wanting to see the changes. Mr.
Rankin stated the changes would be provided to the Commission, however, it is
not uncommon for changes to have to be made, and those changes do not
hinder the approval of the preliminary plat. Changes can be made as long as the
corrected data is provided to the Commission before the final plat.
Commissioner Duffy questioned staff if the Commission would be able to see the
final plat before approved? Barry LeBaron stated yes, it is not uncommon for
changes to be made to a preliminary plat before approval of the final plat.
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Minutes - November 8, 2004
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Commissioner Duffy stated those have heard the objections of the Commission
and still do not like the plans. However, if they, developer, are willing to work
with these objections and fix the problems with drainage and open space and
make accessible, As it is right now, Commissioner stated still in objection.
Mr. Quinto stated understanding about the drainage issues; all open space
should be accessible by all residents?
Commissioner Dudziak responded the open space should be open to all
residents and the Commission is trying to make all open spaces accessible to all
residents and that is what the open space requirement is for, not just for an
exclusive use by a particular resident. Are the developer's going to put in trails or
paths? Mr. Quinto questioned if the paths or trails had to be paved?
Commissioner Byerly stated the issues are going further than what are needed
for right now. This is not uncommon for the use of open space; we have counted
open space as this in the past. The City Council can make changes to the Land
Development Code as needed, we can not and as it stands right now this
qualifies as open space and these spaces are accessible and usable for all.
Commissioner Edwards questioned any kind of amenity on particular lots, as
benches? Mr. Quinto responded yes, heavy landscaping with benches and
paths, actually land forms, however, the landscaping plans are not complete but
will be at final plat stage.
Commissioner Dolan stated when the developers were here before, this
community would be an upscale, high end, small lots, low maintenance, low to
zero maintenance that attracts a unique kind of buyer. Also stated, this
community does concur with the ordinance and if the Commission wants to
change the Land Development Code or ordinance, it can not start with this plat.
Commissioner Dudziak stated he respectfully disagreed with Commissioner
Dolan. Commissioner Dudziak stated it is the Commissions' job to interpret the
ordinance and the PUD gives us the leeway to do so and we can make demands
for the maximum amount of use for the citizens of the city and the long term
benefit of this project. But, believes a path would be more usable for the leisure
of the residents. Mr. Quinto stated he respected the comment; however, these
customers are not interested in a path.
Commissioner Edwards asked staff to get with Chad Bartee and remind him that
this is in direct alignment with Bedford Road and there are flooding problems.
Have Mr. Bartee take a closer look so that any further problems will not occur.
Clayton Husband responded, yes, staff would get with Mr. Bartee.
Commissioner Byerly made motion to approve case P-04-040. Commissioner
Dolan seconded the motion.
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Minutes - November 8, 2004
Page 7 of 17
The motion was approved by the following vote:
Aye: Dolan, Bartkowski, Blassingame, Byerly
Nay: Dudziak, Edwards, Duffy
3. Z-04-037 - PUBLIC HEARING - Special Use Permit for an accessory building
located on Lot 1, Block 1 at 411 McDonwell School Road East.
Clayton Husband presented the case to the Commission and reviewed the staff
briefing.
Commissioner Edwards questioned clarity on case; homeowner could build this
accessory building, as is, if it did not have living quarters or if it only had 600 sq.
ft. instead of 1000 sq. ft.? Clayton Husband responded correct to first question,
incorrect on second question. It would only be true on second question if this
property were zoned AG or Residential Estate, but because it is zoned R-40, the
homeowner has to have a special use permit to build the living quarters,
regardless of size.
Commissioner Duffy questioned staff about the RE zoning (Residential Estate)
requiring 3 acres and above? Clayton Husband responded RE requires having 2
acres and AG (Agriculture) requires having 3 acres. This property almost
qualifies for AG zoning, but it's R-40.
Commissioner Duffy stated this property qualifies for RE? Clayton Husband
responded that is correct.
Commissioner Dudziak stated Commission was not here to approve the plans of
the building but, does this building need to have a second exit, because of the
size and having an elderly gentleman living there? Barry LeBaron stated this
square footage would not require a second exit and it does meet the
requirements of the fire code, the fire marshal has briefed the case. Clayton
Husband concurred as well as the building official has briefed the plan.
Commissioner Dudziak questioned, did not need second exit? Clayton Husband
responded that is correct. We can, however, double check with the fire
department and code.
Commissioner Dudziak questioned if the code requires using compatible or
similar materials for construction as compared to the home? Barry LeBaron
stated none. City does not have any requirements for construction of this
particular type of building; however, if the Commission wanted there to be
restrictions then those restrictions for construction could be listed in the
ordinance.
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Minutes - November 8, 2004
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Commissioner Bartkowski questioned about what the code states on the
occupancy of immediate family members in the RE zoning? Clayton Husband
stated servants and caretakers, primarily for use of immediate family and/or
domestic servants for homeowners.
Commissioner Bartkowski questioned in the RE zoning it is limited to 600 sq. ft.?
Clayton Husband stated correct if this property where zoned RE and they wanted
to build the size proposed the homeowner would have to get a special use
permit, however if they were to build a 600 sq. ft. living quarters, then a special
use permit would not be required.
Commissioner Bartkowski stated only in the RE zoning. Clayton Husband stated
correct and also in the AG zoning.
Commissioner Bartkowski stated this is not RE or AG zoning, R-40 correct?
Clayton Husband stated correct. The homeowner still would have to acquire a
special use permit either way because of the zoning.
Commissioner Edwards questioned staff if it would make a difference if the
building were attached to the house? Clayton Husband responded, and then it
would just be an addition to the house.
Commissioner Byerly questioned staff if under the SUP would the homeowner be
prohibited in renting this building to other occupants? Clayton Husband
responded, technically yes. However, it would be hard to control. Barry LeBaron
concurred.
Commissioner Byerly opened the public hearing at 7:50 P.M.
Citizen's comments:
Frank Kehr, property owner across from 411 McDonwell School Road, East,
current resident of Dallas, Texas. The placement of this accessory building
would be directly in front of our existing property. Plans for this garage
apartment show the outside construction to be siding, not brick; everything in the
area is brick. A change in zoning will reduce the value of our existing property
and the desirability of this being a single family dwelling. Please take in to
consideration our concerns.
Jerry Nanson, applicant 411 McDonwell School Road, East. Mr. Nanson stated
the reasoning for the use of this building to the Commission and staff. The
primary reason for this building is for his ill father. The siding will be of the
highest quality.
Commissioner Edwards questioned Mr. Nanson about the number of garages he
would have with this building?
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Minutes - November 8, 2004
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Mr. Nanson stated he would have 5 car capacities for storage. The bays would
be used for his boat, his father's truck and one for use of a work area.
Commissioner Bartkowski stated he concurred with the homeowner; this building
would enhance this property and property value. However, the building seems a
little large, 1000 sq. ft., and 2 bedrooms, just seems a little much. Colleyville
limits the square footage in a similar zoning to 600 sq. ft. Mr. Nanson stated it
may be used as servants' quarters in the future and his father needs office
space. Mr. Nanson stated he has been working with his father to try and
accommodate for all his father's needs to make his time more enjoyable.
Mary Kehr, property owner across from 411 McDonwell School Road, East
current resident of Dallas, Texas. Would prefer the placement of this large
garage apartment else where. This will be seen directly out of our driveway. We
have a lot invested in our property and do not wish to see this large garage
apartment. This would not be pleasing to all other surrounding property owners
either.
There being no one wishing to speak, the public hearing was closed at 8:05 P.M.
Commissioner Byerly questioned staff about the placement of the accessory
building on the homeowner's lot. Clayton Husband responded directly at the foot
or base of the driveway pad.
Commissioner Edwards wanted confirmation on the Kehr's property.
Commissioner Byerly questioned the Kehr's about the placement of their
property. Mrs. Kehr stated the vacant property directly across from Mr. Nanson's
property.
Commissioner Edwards questioned Mrs. Kehr; there is no house on the
property? Mrs. Kehr responded correct.
Commissioner Edwards wanted confirmation from staff about the interior Mr.
Nanson being able to build this building as it is, no questions asked. Clayton
Husband responded that is correct.
Commissioner Dolan wanted clarity on the question from Commissioner
Edwards.
Commissioner Edwards rephrased the question stating, looking at this building
as an accessory building without living quarters, just a 3 car garage with a room
above, Mr. Nanson can build this building right now on an R40 with no SUP.
Clayton Husband responded that is correct. The size of this building, location,
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Minutes - November 8, 2004
Page 10 of 17
height all design features would allow this structure. Living area added to it
triggers the SUP.
Commissioner Edwards stated that Mr. Nanson is entitled to build this building,
as it stands, regardless of what is inside. Commissioner Edwards stated she
does see the concerns the Kehrs may have.
Commissioner Byerly stated there is screening provided by trees. Clayton
Husband concurred.
Commissioner Edwards stated the sighting of the building is behind the house,
not up front.
Commissioner Byerly questioned Mr. Nanson about the displacement of any
trees. Mr. Nanson stated there is a small tree that would have to be removed,
but not a tree of significance.
Commissioner Duffy concurred with Mr. Nanson; a small tree would have to be
removed but not one of significance. Commissioner Duffy also stated that the
existing trees would create a screening for the building.
Commissioner Duffy made motion to approve case Z-04-037 and Commissioner
Dolan seconded.
The motion was approved by the following vote:
Aye: Dolan, Dudziak, Bartkowski, Edwards, Blassingame, Duffy and Byerly
Nay: None
4. Z-04-038 - PUBLIC HEARING - Zoning change from AG to CC1 on property
located at 6401 and 6405 Colleyville Boulevard
Clayton Husband presented the case to the Commission and reviewed the staff
briefing,
Commissioner Duffy questioned the placement of the proposed property
restricted uses in the CC1. Can it be restricted to just a pet shop? Clayton
Husband responded using the overhead features and maps and also stated that
it could not be restricted to just a pet shop, it could be used for anything that is
permitted in the CC1 zoning. Barry LeBaron concurred also stating that State
Law states that a city may divide up in to zoning districts and create regulations
for those districts but they all must be consistent within the district.
Commissioner Duffy stated the Commission could suggest to the Council the
CC1 zoning and if the property owner does not build, yet sells the property, the
CC1 zoning goes with the property. Barry LeBaron stated that is correct. If the
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Minutes - November 8, 2004
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property owner has it zoned to CC1 and sells the property, the CC1 zone
remains on that property.
Commissioner Byerly opened the public hearing at 8:15 P.M.
Martena DeLa Fuente, applicant, wants to make sure can be rezoned and will
use the existing building for the pet store that is already owned by me. In this
process, the city will be pleased because this property will be cleaned up and
improved and would no longer be an eye sore to the City of Colleyville.
Commissioner Edwards questioned Ms. DeLa Fuente to see if the staff has been
contacted to see if the existing building would be usable for the proposed pet
shop? Ms. DeLa Fuente stated she had done so and the staff had been to the
property.
Commissioner Dolan questioned applicant for clarification about the pet store.
Would you be selling feed or just pets? Ms. DeLa Fuente stated they currently
own Colby's Extreme Pets in Terra Village, just small pets. They have had this
business for 4 years now and have been successful.
Commissioner Blassingame questioned Ms. DeLa Fuente if she plans to use the
whole property or if there are plans to sell off any of the existing property? Ms.
DeLa Fuente responded she had no plans to sell, was going to use the house
and if they add to it, they would add to the back of the house. If she does sell in
the future, she would sell both properties together because there are more
frontages to Hwy 26.
There being no one wishing to speak, the public hearing was closed at 8:20 P.M.
Commissioner Dudziak questioned staff to see if any improvements on the
house, would she have to come up to code? Clayton Husband stated may be
some improvements that would have to come up to code such as landscaping or
minor adjustments, just depends on what work would be performed.
Commissioner Edwards made motion to approve case Z-04-038. Commissioner
Dolan seconded.
The motion was approved by the following vote:
Aye: Dolan, Dudziak, Bartkowski, Edwards, Blassingame, Duffy and Byerly
Nay: None
5. G-04-020 - TABLED ITEM- Review and discussion of regulations for private
streets and entrance gates
Commissioner Duffy made motion to remove case G-04-020 from the table.
Commissioner Byerly seconded the motion.
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Minutes - November 8, 2004
Page 12 of 17
The motion was approved by the following vote:
Aye: Dolan, Dudziak, Bartkowski, Edwards, Blassingame, Duffy and Byerly
Nay: None
Barry LeBaron presented the case to the Commission and reviewed the staff
briefing.
Commissioner Duffy questioned staff if gated and private are the same? Wanted
clarification about the City having to take certain streets because the developer's
did not build up to spec.? Barry LeBaron stated that did not know what the
standards were then. However, stated that because of the city having to take
back over streets in private communities, the city adopted this code to put forth
the standards to insure that they would not have to do so again. Therefore, the
Homeowner's Associations (HOAs) had to put up a reserve fund to maintain
those private streets.
Commissioner Duffy commented about the staff taking the time to make the
adjustments on this issue. However, Commissioner is concerned with some of
the HOAs not meeting the requirements of the reserve fund, knowing this by their
comments received in the survey sent. Is there a way to enforce this issue?
Barry LeBaron stated he thinks so; the penalty is to refuse to take over the street
or opening it up and making it a public street. If it didn't meet us to standards can
refuse to take the streets.
Commissioner Duffy stated the one subdivision that concerns him is Sapphire
Enclave. Their response to the survey was, no, no, no and not applicable.
Commissioner Duffy questioned City Attorney, Ross Foster stating; in other
words, they have not done the reserve fund and they do not intend on doing so,
therefore, are they not following the restrictions outlined in the ordinance?
Attorney Foster stated, if they violate the ordinance they can be fined up to
$2000 a day in municipal court and city could file an injunction or civil penalties
up to $1000 a day. There are ways to enforcement provisions other than to
accept the streets.
Commissioner Duffy questioned the Attorney Foster whether or not the HOAs are
a legal entity that the City can go after. Attorney Foster stated, correct.
Commissioner Edwards stated there are a number of items stated in the
ordinance, the city will review and I would like to see a check list to see if all
items are actually reviewed.
Commissioner Duffy concurred and questioned the section 10.6E of the Land
Development Code Chapter 10- Private Streets & Entrance Gates, was the
language intended to be marked out that states the association must not be
dissolved without the prior written consent of the City? Barry LeBaron responded
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Page 13 of 17
that he marked that out because the City would not have any way of knowing
when HOA amendments would be made.
Commissioner Edwards stated the intent is the City is keeping an eye on these
issues. Leave all the language in that section.
Commissioner Byerly questioned staff if any statements have been requested
from HOA's to see if reserve funds are available?
Commissioner Edwards concurred also stating that during the budget process it
would be important for the city to have a heads up to know that some HOAs do
not have reserve funds and those streets are going to have to be taken over and
maintained by the city. An annual report would be terrific. Barry LeBaron stated
that some administrative procedures need to be put in place.
Commissioner Edwards stated that in section 10.61, City Utilities, some
subdivisions utilities are not in the street, they are actually in the side walk; does
this language reflect those utilities? This section does not state right of way, just
states Private Street. Barry LeBaron stated, correct. The private streets are the
right of way, and they are usually platted a separate lot.
Commissioner Bartkowski questioned staff having not seen this except this time,
is this private streets with gates or private streets with or with out gates? Barry
LeBaron responded all gated, except one, developments have private streets.
They are all together.
Commissioner Bartkowski questioned staff that all private streets will have to be
gated or private streets will not have to be gated. Barry LeBaron responded that
they have always gone together. The word gated means that the City will not go
in and maintain those streets or utilities.
Commissioner Duffy stated the Shadow Wood operation, private community, no
through streets; never had streets gated and the agreement was the developer
would take care of it. Then, once the lots were 50% sold, it would be gated, and
however that never happened. The developer sold off other half for single family
homes mixed in with those condominiums and now it is a mish mash. Barry
LeBaron stated because that was a private street development not a gated
development, the streets suffered from the passing through of the not only the
adjacent property owners but also the general public. If there is a private street
development and it is gated, then those property owners do not have to suffer the
burden of the general traffic wearing out the streets.
Commissioner Bartkowski stated the first line should read Private Streets with
and without gates. Barry LeBaron concurred.
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Minutes - November 8, 2004
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Commissioner Edwards stated the Commission would not approve private
streets with out gates. What would be the point?
Commissioner Duffy stated private streets can be blocked off once a year to
maintain ownership of the street. Attorney Foster stated private streets can be
blocked off any time. The city would not approve a private street where it would
have traffic passing through the community. If the community has gates, the
streets would have to be private.
Commissioner Bartkowski stated it had happened in the past. Attorney Foster
stated in the beginning, that was not the intended use of the community.
Commissioner Edwards stated 10.6Q and 10.6R have the same wording or could
they be combined? Barry LeBaron stated those sections would be looked at.
Commissioner Dudziak stated the language is different, however what do the
estimated expenses define? It needs to state. What is 100% of anything, and
acquiring 100% is tough to get in any HOA. Commissioner Byerly concurred.
Commissioner Edwards stated should not be less than 100%, Attorney Foster
stated these property owners have an interest in the property and there must be
100% agreement. Whether or not those streets are converted to private or public
streets, if not you are taking property without compensation.
Commissioner Edwards stated to increase the minimum number of lots in these
subdivisions to be able to cover the cost of the replacement of those streets.
Commissioner Byerly stated to check on the amount per lot, should be amount
per street and could get a better idea to see how much would be needed to cover
the street costs. Barry LeBaron suggested tabling this item so that these items
could be addressed in writing and the Commission could see the changes.
Commissioner Bartkowski stated that sometimes the developer's hands may be
tied at how many lots would be available for the acreage available. Barry
LeBaron stated the minimum number would have to be judged per subdivision.
Commissioner Bartkowski questioned should this be looked at case by case.
Barry LeBaron stated some subdivisions may not have the 20 lots.
Commissioner Edwards stated that looking at each subdivision case by case
should not be, because Colleyville did not want a gated community upon a gated
community. Those communities would take away from the rural atmosphere that
so many people love and the reason for the way the ordinance is stated. What
ever number is used for subdivisions, the City Council needs to stick to the
ordinance stating that subdivision's number.
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Minutes - November 8, 2004
Page 15 of 17
Commissioner Dolan concurred. However, how are we going to insure if the city
has to take over those streets; the money would be there in the reserve fund to
take care of those streets? Maybe each HOA would have to maintain a certain
dollar amount in the fund.
Commissioner Duffy stated concrete streets would be minimal repair, asphalt
more repair. Staff could estimate and give the HOA an estimated figure to repair
those streets. However, the city does not have to take those streets unless
certain requirements are maintained. Also, in section10.6 S, do the HOAs come
to the city attorney for review? Attorney Foster stated the only subdivision that
has or did is Shalimar.
Commissioner Dudziak questioned if the Commission could put in a penalty for
not concurring with the ordinance? Attorney Foster stated, if the language is in
the code about violations, then there is a penalty for any violation of the code and
it could be any where from $500 or $2000 per day. Commissioner Dudziak
questioned staff if the language is there in the code? Barry LeBaron responded
yes.
Commissioner Edwards made motion to table case G-04-020. Commissioner
Duffy seconded the motion and questioned staff if it would be appropriate at this
time of motion to also incorporate the comments made at tonight's meeting?
Barry LeBaron responded yes.
The motion was approved by the following vote:
Aye: Dolan, Dudziak, Bartkowski, Edwards, Blassingame, Duffy and Byerly
Nay: None
STAFF REPORTS
Barry LeBaron reported the city council approved the master plan at the November 3,
2004 and staff will have those ready in a few weeks. Commissioner Duffy asked if any
major changes had been made. Barry LeBaron stated not any major changes and
stated the map that had the changes.
COMMISSIONER COMMENTS
Commissioner Edwards stated wanting to look at the provisions on the tree ordinance,
to possibly have a work shop to discuss it. Commissioner Edwards also wants to
discuss the living quarters issue in Colleyville and where those living quarters are
allowed; as well as the open space in PUDs. Commissioner Duffy stated how pleased
he was for the staff's hard work on the private streets and the survey that was sent to
HOAs. Commissioner Dudziak stated how please he was for the effort put forth by staff
for the Pecan Creek project.
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Minutes - November 8, 2004
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ADJOURNMENT
The Commission adjourned the meeting at 9:00 p.m. by acclamation.
Approved on: November 22,2004
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Minutes - November 8, 2004
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