HomeMy WebLinkAboutPlanning and Zoning Commission-Minutes-12/13/2004
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Texas
PLANNING AND ZONING COMMISSION
MEETING MINUTES - December 13, 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, John Blassingame, and Denis
Duffy were present.
Commissioner Luann Edwards was absent.
Barry LeBaron, Clayton Husband, Amy Shelley from
staff were present.
City Attorney, Ross Foster was also present.
INVOCATION
The invocation was given by Commissioner Dolan.
PLEDGE OF ALLEGIANCE
APPROVAL OF MINUTES
The corrections made for the November 22, 2004 minutes were as follows:
Page 1, call to order - "Byerly" changed to "Edwards"
Page 4, paragraph 2 - "developed" changed to "development is completed"
Page 5, paragraph 4 - "not apply to" changed to "affect"
Commissioner Duffy moved to approve the minutes of the November 22,2004 meeting
with suggested changes. Commissioner Dolan seconded.
The motion was approved by the following vote:
Aye: Dolan, Dudziak, Bartkowski, Blassingame, Duffy and Byerly
Nay: None
CITIZEN COMMENTS REGARDING ITEMS NOT ON THE AGENDA
None
REGULAR AGENDA ITEMS
1. Case P-04-043 - Minor Plat of Huggins Addition, 0.79 acres located at 700
Shelton Drive, Abstract No. 1692, Tract 2F6
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Minutes - December 13, 2004
Page 1 of 9
Clayton Husband presented the case and briefed the Commission.
Commissioner Duffy made motion to approve Case P-04-043. Commissioner
Dudziak seconded.
The motion was approved by the following vote:
Aye: Dolan, Dudziak, Bartkowski, Blassingame, Duffy and Byerly
Nay: None
PUBLIC HEARING AGENDA ITEMS
2. Case Z-04-040 - PUBLIC HEARING - Zoning change from R30 to R20 on Block
1, Lot 29R Westcoat Place Addition located at 6002 Westcoat Drive
Clayton Husband presented the case and briefed the Commission.
Commissioner Duffy questioned staff which property sent the email? Clayton
Husband responded 909 Bettinger, south of the property proposed. Commissioner
Duffy questioned the water flow. Clayton Husband responded TOPO not available
at this time for direction of water flow.
Commissioner Byerly opened the public hearing at 7:11 P.M.
Nancy Bromley, 909 Bettinger, spoke in opposition to the request. Ms. Bromley has
issues with traffic and standing water.
Commissioner Byerly questioned Ms. Bromley to verify her property. Ms. Bromley
responded property to the south.
Commissioner Bartkowski questioned Ms. Bromley about the ditch? Ms. Bromley
responded it runs all the way through her property.
Commissioner Duffy questioned staff about the property lines on the drawing, which
one is Ms. Bromley's property? Clayton Husband responded using the drawings.
There being no one wishing to speak, the public hearing was closed at 7:15 P.M.
Commissioner Duffy questioned the applicant about how the property would be split
and how would the water issue be addressed?
Michael Pisciottano, the applicant, stated wanting to split the property in to two
separate lots. Mr. Pisciottano responded the water issue would be addressed by the
builder of the property; he did not have an answer at this time.
Commissioner Bartkowski questioned staff about the tree preservation being
relevant to this case. Clayton Husband responded all trees are protected because
the property is vacant, once there is a house on the lot, trees can be removed at will.
Commissioner Byerly questioned staff and stated the master plan states keeping
one acre lots on major streets. Barry LeBaron responded large lot image for
collector streets and Westcoat would not fit that criteria.
Commissioner Byerly stated this type of zoning would fit the criteria of the Master
Plan.
Commissioner Duffy questioned staff if a plat would come before the Planning and
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Minutes - December 13, 2004
Page 2 0'9
Zoning Commission as well as TOPO. Clayton Husband responded correct, all
information would be required at the time of platting.
Commissioner Dolan stated being concerned with some of the zoning cases that
come before the Commission but this case seems to have practical size lots and fits
with the master plan.
Commissioner Dolan made motion to approve Case Z-04-040. Commissioner
Byerly seconded.
The motion was approved by the following vote:
Aye: Dolan, Dudziak, Bartkowski, Blassingame, Duffy and Byerly
Nay: None
Commissioner Duffy noted needing TOPO and water treatment information from
developer at the time of platting.
3. Case Z-04-041 - PUBLIC HEARING - Zoning Change from AG to R40 and R20
on 3.67 acres located at 1209 Tinker Road, Abstract No. 331, Tract 2c of the A.J.
Caldwell Survey
Clayton Husband presented the case and briefed the Commission.
Commissioner Byerly opened the public hearing at 7:26 P.M.
Robert Rice, 1305 Tinker Road, spoke in opposition of this request with concerns of
drainage on the street as well as on the lot.
Commissioner Duffy responded to Mr. Rice that the water flow would not increase
because the water would drain to the east of his property. Commissioner Duffy
stated the platting process will have the details of water, sewer and drainage, etc.
Dennis Jones, 1205 Hardage Lane, spoke in opposition of this request and stated
the drainage is a serious problem.
Steve Dalworth, 1314 Hardage Lane, spoke in opposition of this request and stated
drainage, water run off, sidewalks and speed are all issues.
There being no one wishing to speak, the public hearing was closed at 7:34 P.M.
Commissioner Byerly questioned staff if all the issues presented tonight would be
addressed at the time of platting? Clayton Husband responded correct, all issues of
drainage and sidewalks will have to pass all the requirements of the Engineering
department.
Commissioner Byerly stated this case for zoning also fits in the master plan.
Commissioner Byerly made motion to approve Case Z-04-041. Commissioner
Bartkowski seconded.
The motion was approved by the following vote:
Aye: Dolan, Dudziak, Bartkowski, Blassingame, Duffy and Byerly
Nay: None
Planning & Zoning Commission
Minutes - December 13, 2004
Page 30f9
Commissioner Duffy noted needing TOPO and water treatment information from
developer at the time of platting.
4. Case Z-04-042 - PUBLIC HEARING - Zoning change from AG to R40 and R20
on 4 acres located at 512 Shelton Drive
Commissioner Byerly made motion to Commissioners to have the Public Hearings
for Case Z-04-042 and Case Z-04-043 together, but to have motions made
separately for each case. Motion passed by acclamation.
Clayton Husband presented the cases and briefed the Commission.
Commissioner Duffy questioned staff about the number of homes on Hunter,
adjacent to this request. Clayton Husband responded 12.
David Bagwell of the Lotsmith, residential land development, applicant, briefed the
Commissioners about his request as well as passed out handouts with drawings.
Commissioner Bartkowski questioned Mr. Bagwell about the business, why the
different name. Mr. Bagwell responded changing the name separates the way the
developments were designed previously in Colleyville. The Lotsmith wants to meet
all of the city's standards for developing subdivisions with a simpler approach.
Commissioner Dolan questioned Mr. Bagwell about the price range of these homes?
Mr. Bagwell responded the lots alone are between $150, 000 and $175,000.
Commissioner Byerly questioned Mr. Bagwell about fencing. Mr. Bagwell stated the
minimum requirements would be met for fencing.
Commissioner Byerly opened the public hearing at 8:03 P.M.
Bobby Combs, 6106 Hunter Lane, spoke in opposition of this request with these
issues; too high density homes, drainage and fencing.
Jeff Vanderpool, 601 Shelton Drive, spoke in opposition of this request and stated
concerns about the conditions of the trees and placement of homes being a
guarantee. Commissioner Byerly responded those are issues to be addressed
during platting. Mr. Vanderpool stated wanting to maintain the rural atmosphere of
the area. Mr. Vanderpool stated concerns about the R20 zoning being established
in this neighborhood.
Bill Lothrop, 607 and 609 Shelton Drive, spoke in opposition of this request and
stated R20 is not the right zoning for this neighborhood. He stated picking this area
to live because of the rural feel and the school district for his children.
James Day, 805 Shelton, spoke in opposition of this request and stated having
issues with drainage, sewer, water pressure, flat ditches and increased traffic
concerns. Mr. Day questioned Commissioners about who will be responsible for
fixing problems with flooding, the city or the homeowner?
Fred Rice, spoke in opposition of this request and stated having issues with traffic,
Planning & Zoning Commission
Minutes - December 13, 2004
Page 4 of9
drainage, sewer and crowding of homes.
Bill Stephens, 612 Shelton Drive, spoke in opposition of this request and stated
having issues with traffic, drainage and the R20 zoning. He stated wanting the
Commission to vote for the R40 zoning.
Wade Evans, 800 Shelton Drive, spoke in opposition of this request and stated
having issues with sewer, water and drainage.
Larry Yafa, 608 Shelton Drive, spoke in opposition of this request and stated having
issues with water and the proposed layout.
CL Madden, 6112 Hunter Lane, spoke in opposition of this request and stated
having issues with water.
Twyla Curly, 800 Shelton Drive, spoke in opposition of this request and stated
having issues with drainage and utilities.
Ann Huggins, 700 Shelton Drive, questioned staff of the notification process of
zoning cases. Barry LeBaron responded all property owners within 200 feet are
notified.
John Paul Barnett, 601 Beverly Drive, spoke in opposition of this request and stated
having issues with lot sizes, drainage, sewer and utilities. Once these lots are
developed who will take care of issues, the city, the developer or the homeowners?
Mr. Barnett stated the homeowners will have to take responsibility.
Beverly Et, 605 Shelton Drive, spoke in opposition of this request and stated having
issues with traffic and the lot sizes. Ms. Et stated wanting the Commissioners to
vote for the R40 zoning.
Gary Quinn, 511 Shelton Drive, spoke in opposition of this request and stated having
issues with sewer, traffic and water. Mr. Quinn wants Commissioners to vote for the
R40 zoning.
Dinah Stephens, 612 Shelton Drive, spoke in opposition of this request. She picked
Colleyville because of the rural atmosphere and wants Commissioners to deny the
request.
Jerry Chisolm, 600 Shelton Drive, spoke in favor of this request. He chose David
Bagwell to develop this land because he would maintain the feel of the area. Mr.
Chisolm asked the Commissioners to please approach this case in the most
appropriate way.
Beverly Lothrop, 607 Shelton Drive, spoke in opposition of this request and stated
wanting Commissioners to vote for the R40 zoning.
There being no one wishing to speak, the public hearing was closed at 9:05 P.M.
Commissioner Byerly made motion to adjourn for a ten minute break at 9:05 P.M.
Motion passed by acclamation.
Commissioner Byerly called meeting to order at 9:15 P.M.
Commissioner Byerly questioned staff about the fencing requirements and the tree
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Minutes - December 13, 2004
Page 50f9
preservation. Clayton Husband responded no specific requirements, fencing is
allowed in front yards, just shorter and it really depends on how the lots face. The
tree preservation requires replacing trees removed except in the ROW.
Barry LeBaron responded to the question about the assurance of what the developer
is proposing to do, will he stick to the plan? Barry LeBaron stated there are no
guarantees.
Commissioner Dudziak questioned the 13 lot scenario presented by Mr. Bagwell;
would he be able to fence along Shelton Drive if the homes faced Forest Lane?
Barry LeBaron responded there is a provision in the Land Development Code that
allows for perimeter fencing and there are certain requirements for that fence.
Commissioner Byerly questioned staff about the fencing distance. Barry LeBaron
responded could be built on the ROW, minimum 60 ft., 30 ft. from the center line of
Shelton Drive.
Barry LeBaron stated the developer will have to address the drainage issues at the
time of platting. He also stated staff will get with the public works department and
the engineering department to address all sewer and water pressure needs of this
neighborhood.
Commissioner Duffy questioned staff about who is the responsible party for knowing
what the 6 inch water line can take as far as the number of people and so forth?
Barry LeBaron responded code only requires a 3 inch line; however, cities use a 4
inch sewer line in order to accommodate servicing. If the 6 inch line needs to be
updated, the city has a water and sewer fund that could be used to accommodate
those people. Commissioner Duffy stated needing to know what is currently there
and what needs to be updated. Would this be the city or the developer's project?
Barry LeBaron responded could be combination of both to improve those lines.
Commissioner Duffy stated it being imprudent for the Commissioners to allow an
area to increase in density without knowing whether or not the area can handle it.
Commissioner Duffy stated wanting to see if there is a study available? Barry
LeBaron responded staff would check to see. Commissioner Duffy questioned the
issues of drainage mentioned; does staff have any thoughts in the area of drainage?
Barry LeBaron stated staff would also check, does not think so at this time.
Commissioner Duffy stated wanting to see documentation about the March 8, 2004
meeting regarding this same case. Barry LeBaron responded staff would provide
that information as well.
Commissioner Dudziak concurred with Commissioner Duffy with it being imprudent
for Commissioners to make a decision without having more information about the
impact on the entire street. What are the differences on the 13 or 14 lots as far as
impact? Are there any improvements for Shelton? What is the precedent for R20 in
this neighborhood? Barry LeBaron responded the master plan does not make a
distinction between residential as high or low density, just residential area. All cases
are considered individually. Commissioner Dudziak stated again, some of these
issues need to be known before an accurate decision can be made.
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Minutes - December 13, 2004
Page 6 of 9
Commissioner Byerly questioned staff about the engineering process? Barry
LeBaron responded engineering makes notations at the time of platting and who
would be responsible for such improvements, whether it is capital improvements or
ones that the developer has to incur are then decided upon.
Commissioner Byerly stated to look at this case as zoning, not by these other
issues. Those issues can be addressed at the time of platting. All of the R40 zoning
are proposed along the side of already R40 zoning. The R40, R20 configuration
gives the open space feel along Shelton Drive. Therefore, Commissioner Byerly
stated being in favor of this proposal.
Commissioner Duffy made motion to table case Z-04-042. Commissioner Dudziak
seconded.
The motion was approved by the following vote:
Aye: Dudziak, Bartkowski, Blassingame, Duffy
Nay: Dolan, Byerly
5. Case A-04-043 - PUBLIC HEARING - Zoning change from AG to R40 on 10
acres located at 600 Shelton Drive
Clayton Husband presented the case and briefed the Commission.
Commissioner Byerly made motion to Commissioners to have the Public Hearings
for Case Z-04-042 and Case Z-04-043 together, but to have motions made
separately for each case. Motion passed by acclamation.
Commissioner Byerly opened the public hearing at 8:03 P.M.
Commissioner Duffy made motion to table case Z-04-043. Commissioner Dudziak
seconded.
The motion was approved by the following vote:
Aye: Dudziak, Bartkowski, Blassingame, Duffy
Nay: Dolan, Byerly
STAFF REPORTS
Barry LeBaron stated staff is preparing sign up sheets for citizens to use for the
Planning and Zoning Commission meetings. These sheets will help staff to have the
proper spelling of the citizen's name. He also stated staff will schedule a date in
January to have a work shop in regards to PUD regulations.
COMMISSIONER COMMENTS
Commissioner Byerly stated he does not like to table items. He wanted to be able to
decide on the zoning cases presented so that the applicant would have a better
understanding about what concerns need to be addressed. Commissioner Duffy stated
not being comfortable with making a decision with hearing the concerns of the citizens.
Commissioner Dolan stated wanting to make a decision as well for the zoning and then
the other issues would be taken care of at the time of platting. The majority of the
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Minutes - December 13, 2004
Page 7 of 9
people stated they could live with the R40 zoning and then this would be resolved.
Commissioner Dudziak stated the R40 zoning was a compromise, but the water issues
these people had, far out weighed the zoning compromise. More information needs to
be provided about the sewer and water issues.
ADJOURNMENT
The Commission adjourned the meeting at 9:45 p.m. by acclamation.
R spectfully Submitted,
Approved on: January 10, 2005
Planning & Zoning Commission
Minutes - December 13, 2004
Page 80(9