HomeMy WebLinkAboutPlanning and Zoning Commission-Minutes-3/15/2005
.~
Texas
PLANNING AND ZONING COMMISSION
MEETING MINUTES - March 14, 2005
CALL TO ORDER
Chairman Byerly called the meeting to order at 7:00 p.m.
ROLL CALL
Commissioners Luann Edwards, John Blassingame,
Denis Duffy and Jeff Byerly were present.
Commissioners Thomas Dolan, Dave Dudziak and
Thomas Bartkowski were absent.
Barry LeBaron, Chris Fuller, Amy Shelley, Robert
Woods and Scott Welmaker from staff were present.
INVOCATION
The invocation was given by Commissioner
Blassingame.
PLEDGE OF ALLEGIANCE
APPROVAL OF MINUTES
Commissioner Byerly moved to approve the minutes of the February 28, 2005, meeting
with correction on page 12, paragraph 2, changing "plat" to "zoning". Commissioner
Edwards seconded with the amendment.
The motion was approved by the following vote:
Aye: Edwards, Blassingame, Duffy and Byerly
Nay: None
CITIZEN COMMENTS REGARDING ITEMS NOT ON THE AGENDA
None
PUBLIC HEARING AGENDA ITEMS
1. Case P-OS-008 - PUBLIC HEARING - Final Plat of Lot R-14-2, Block 1 of the
Colleyville Industrial Park Addition, being a replat of Lot R-14-1, Block 1,
Colleyville Industrial Park Addition, Lot 1, Block 1, Fair Haven Estates and Tracts
2B1 and 2B4, of the A.J. Lott Survey, Abstract 963, 6.84 acres located on the
east side of Colleyville Boulevard and on the south side of Industrial Boulevard.
Chris Fuller presented the case and briefed the Commission.
Commissioner Byerly questioned staff if there could be two zonings on one lot
and is it permissible? Chris Fuller responded correct, the two zonings are
Planning & Zoning Commission
Minutes - March 14, 2005
Page 1 0'8
permissible and was approved with the PUD-C. Commissioner Byerly
questioned the AG zoning for this lot, would that zoning stay? Chris Fuller
replied the AG would have to be rezoned to ML.
Commissioner Duffy questioned staff about the status of the CC1 on the PUD-C
and the ML zoning? Barry LeBaron replied the property would retain that zoning,
ML and the PUD-C as well. The applicant wants to clean up the property lines
and in order to do so; the AG portion would be ML.
Commissioner Duffy stated not seeing the cross access on the plat and based on
the overall CC1 portion on Hwy. 26 the cross access is only 30 ft. wide.
Commissioner Duffy stated any building planned in that area would cause
concern for a single lane and for fire access, therefore stating the need for a
second entry or exit. The only thing approved would be the monument sign. Are
there any plans for the office or parking, propane tanks? Commissioner Duffy
stated the Commissioners want all items of this nature to be stored inside the
fence area. Barry LeBaron replied the plat shows the 15 foot utility drainage and
emergency vehicle cross access easement through the length of the 30 foot strip.
Commissioner Duffy stated not seeing where the sales office would be located
on this plat. Barry LeBaron stated the locations of buildings are not placed on
the plat. Commissioner Duffy stated having concerns, at the time of zoning,
about the length of the drive and having traffic to pass. Barry LeBaron stated the
applicant may be able to address those issues because those issues would be
resolved at the time of issuing building permits.
Commissioner Byerly opened the public hearing at 7:20 p.m.
Thomas Vogt, surveyor representing the owner Howard Lawson, presented the
request and briefed the Commission. Mr. Vogt stated the office building will be
placed per the site plan in the PUD.
Commissioner Duffy questioned the applicant about the placement of the gate?
Mr. Lawson responded not bringing a site plan but the gate would be back at the
end of the 30 foot strip. Commissioner Duffy questioned about the turn around
for vehicles? Mr. Lawson replied the vehicles would go to the end and let
someone pass through. Commissioner Duffy questioned about the placement of
the propane tanks and travel trailers? Mr. Lawson replied through the gate, once
again I did not bring a site plan. Commissioner Duffy questioned the
landscaping? Mr. Lawson stated several trees are there and there will be
landscaping. Mr. Vogt stated the site plan was approved during the zoning case
for the PUD and the site plan has not changed. Commissioner Duffy stated
needing the final site plan. Barry LeBaron stated the site plan was brought forth
during the PUD zoning. Commissioner Duffy questioned staff about the site plan
being submitted at the final plat stage? Barry LeBaron stated this platting
process was one of the steps required in the PUD and that is what the applicant
is trying to do. Commissioner Duffy stated issues of concern on the placement of
the rental trucks and propane tanks. Commissioner Byerly stated those issues
were addressed during the time of the PUD. City Attorney, Matthew Boyle
concurred with Chairman Byerly.
Planning & Zoning Commission
Minutes - March 14, 2005
Page 2 0'8
Mr. Vogt stated the applicant will comply with what was approved during the
zoning of the PUD.
Commissioner Byerly closed the public hearing at 7:27 p.m.
Commissioner Edwards questioned staff about the plat encompassing several
different zonings, usually with a PUD-C a site plan is with the plat? Barry
LeBaron replied what is presented is all that is needed.
Commissioner Byerly made motion to approve Case P-05-008. Commissioner
Edwards seconded.
The motion was approved by the following vote:
Aye: Edwards, Blassingame, Duffy and Byerly
Nay: None
Commissioner Duffy stated that his vote included attaching the minutes from the
previous meeting where the zoning case was brought forth and the Planning and
Zoning Commission turned down the zoning case.
TABLED ITEMS
2. Case G-OS-006- TABLED - Proposal to amend the Master Thoroughfare
Plan as outlined in the City of Colleyville Master Plan 2004-2025
Commissioner Edwards made motion to remove case G-05-006 from table.
Commissioner Blassingame seconded.
The motion was approved by the following vote:
Aye: Edwards, Blassingame, Duffy and Byerly
Nay: None
Barry LeBaron presented the case and briefed the Commission.
Commissioner Duffy suggested an alignment E, which would be, to continue
down by the school, on the east side of the commercial property, to the fire lane
on Larry Cole's property, then west down the center of the commercial area.
This alignment E would minimize the impact on both the commercial property
and to the residents of Emerald Park, yet still providing access to the new school.
This alignment would serve the area and provide the separation from the
commercial and residential properties. The alignments A & D, to Lavaca from LD
Lockett, split property therefore taking away the rural atmosphere leaving
property that would be too small to develop.
Commissioner Edwards made motion to open public hearing on case G-05-006,
even though not required to have to do so. Commissioner Byerly seconded.
The motion was approved by the following vote:
Aye: Edwards, Blassingame, Duffy and Byerly
Nay: None
Commissioner Byerly opened the public hearing at 7:23 p.m.
Planning & Zoning Commission
Minutes - March 14, 2005
Page 3 0'8
Jeff Zimmerman, 501 W. Lavaca Trail, stating wanting the quality of life with an
open feel. The best use for this road is for the school. Mr. Zimmerman stated
this alignment was to always be the buffer for the commercial and residential
properties.
Andrew Mittag, 901 W. Lavaca Trail, concerned with congestion relief on Lavaca
Trail. Mr. Mittag stated the city has a need for an east west street and the need
for improving McDonwell and LD Lockett road. Mr. Mittag stated an alignment
C/D would work; a connector street between McDonwell School Road and
Lavaca would provide the needed access for the new school. Mr. Mittag stated
the city needs to focus on Colleyville Boulevard for business.
Judy Ruggere, 1013 W. Lavaca Trail, spoke on behalf of her mother at 1101 W.
Lavaca Trail as well. Ms. Ruggere stated having concerns with drainage. She
stated alignment A and even alignment D would be the best. Ms. Ruggere stated
alignment C would create safety issues for residents. She stated the city has to
become productive to survive and increase revenues.
Danny Ogle, 1009 W. Lavaca Trail, spoke in favor of alignment A or D as a two
lane road. These alignments would benefit the city. Mr. Ogle stated cities have
to develop to continue to have revenue.
Gregory Van Nieuwenhuize, representing the Lavaca Trail LLC, stated the need
to hear from the school. The traffic would need to be away from the school for
the safety of the children. Mr. Nieuwenhuize stated if an alignment has to be
made, alignment A would be the better choice.
David Markham 600 Burnet Drive, Keller, representing the Jones Family, spoke
in opposition to alignments C and B would be detrimental to all commercial
properties. The city would benefit more if McDonwell School Road and LD
Lockett Road were improved. The alternative alignment D provides for the better
future of Colleyville.
Michael Dudding, 6025 Sterling Drive, stated a north south road is not needed,
however, would prefer A, D or Commissioner Duffy's idea of E.
Bob Huspen, 5900 Sterling Drive, stated being against alignments B & C. Mr.
Huspen stated needing to expand LD Lockett and McDonwell School Rd to 4
lanes. Mr. Huspen stated alignment A would provide the need for the new
school.
Marty Gohr, 809 W. Lavaca Trail, stated LD Lockett and McDonwell School Rd
need to be expanded. Mr. Gohr, stated alignment C would be more feasible,
because it would provide the buffer needed for the commercial and residential
properties.
Lorraine Gohr, 809 W. Lavaca Trail, stated wanting to keep the rural atmosphere.
Mrs. Gohr questioned the need for a north south street, except for the school
needing the street. She stated seeing the need for the street in the master plan.
Mrs. Gohr stated she will always support the most westerly alignment and the
road being two lanes.
Planning & Zoning Commission
Minutes - March 14, 2005
Page 4 0'8
Ruth Ann Plain, 909 W. Lavaca Trail, spoke in favor of the new alignment D,
especially getting children back and forth to the new school being built at the
corner of Precinct Line and McDonwell School Road. Mrs. Plain stated concerns
for the water drainage issues.
Timothy B. Perkins, 6032 Sterling Drive, stated liking the new alignment liE" that
Commissioner Duffy. Mr. Perkins stated wanting a clean cut for the commercial
and residential properties.
Ken Damron, 5830 Crescent Lane, stated not liking alignment C at all, however
could live with alignment E that Commissioner Duffy suggested. There should
not be any roads coming down south from Lavaca because of the school. A
street from Lavaca Trail to the new school would be the best alternative.
Mark Christman, 5825 Crescent Lane, concurred with Mr. Perkins and Mr.
Damron and would like to see alignment E to be developed.
Jon Moody, 5935 Crescent Lane, stated the safety of getting children back and
forth to school being an issue. Mr. Moody would like to see a buffer go in behind
the commercial property and the Emerald Park addition to prevent any mischief.
Mr. Moody would like to see alignment E be developed.
Marty Stadjahar, 101 Williamsburg Court and owns land at 816 LD Lockett,
concurs with Mr. Mittag, Mr. Gohr and Mr. Zimmerman and stated needing to
widen LD Lockett and McDonwell School Road. Mr. Stadjahar stated the
commercial traffic needs to stay west of Emerald Park addition. Mr. Stadjahar
stated putting any development next to a Wal-Mart would hinder that business.
The type of commercial would need to be picked very carefully. The ease west
corridors need to be improved.
Lisa Stadjahar, 101 Williamsburg Court and owns land at 816 LD Lockett stated
wanting to see the new alignment E. Mrs. Stadjahar stated McDonwell School
Road and LD Lockett could be widened and improved. She stated not convinced
a north south street would accomplish what is wanted in Colleyville. Mrs.
Stadjahar stated needing to keep the rural lifestyle in the city. She stated that
Emerald Park is the buffer between the commercial properties.
John Butler, 908 LD Lockett, stated having a vested interest in the land. The
alignments A or D are the prime alignments and that is what is on the master
plan. Mr. Butler stated Emerald Park is the buffer for those commercial
properties and is a great asset to the city. Mr. Butler stated alignment E is going
to happen any way, the fire lane is just an emergency access and that is what
was approved. The commercial property that comes in is going to accomplish
alignment E. Mr. Butler said the need for a two lane street would be good to
keep the residential feel. The city needs the roads fixed and commercial
property is what will help the revenue for the city. The city needs to progress.
These lots were created many years ago and this thoroughfare was approved
long ago in the master plan.
John Mcintosh, 6636 Carston Court, representing family that still owns a 5 acre
Planning & Zoning Commission
Minutes - March 14, 2005
Page 5 of 8
tract on Lavaca Trail and have since 1976, stated being opposed to alignment A,
but would be in favor of alignment C. There does need to be a street to abut the
school for the school traffic.
Richard Batte, 5912 Sterling Drive, stated alignment C and B would not work;
alignment A and D would work. Mr. Batte stated there would be access to the
school off of McDonwell and Precinct Line Road.
David Ray, 5909 Sterling Drive, stated the alignment E that Commissioner Duffy
proposed would be the better choice. Mr. Ray stated being strongly opposed to
a north south collector street.
Will Butler, 908 LD Lockett, stated being in favor of alignments A and D. Mr.
Butler stated Colleyville needing the revenue from retail. He also stated Emerald
Park is the intended buffer for the commercial and residential properties.
There being no one wishing to speak, the public hearing was closed at 8:00 p.m.
Commissioner Duffy made motion to break for 5 minutes. Commissioner Byerly
seconded.
The motion was approved by the following vote:
Aye: Edwards, Blassingame, Duffy and Byerly
Nay: None
Commissioner Byerly called meeting to order at 8:50 p.m.
Commissioner Duffy made suggestions to staff in regards to the new alignment,
and all opposition to north - south street, and to support the school.
Commissioner Duffy concurs with all who want to separate the commercial and
residential properties. Commissioner Duffy stated being opposed to A and D
south of Lavaca and forces those properties in to smaller lots, creating more
density. Emerald Park already creates the needed buffer.
Commissioner Edwards stated having support from citizens from Lavaca and LD
Lockett. The Lavaca to McDonwell School Road proposed street is a necessity
for the new school traffic. Commissioner Edwards stated Emerald Park creates
the buffer. She stated there possibly being street lights at Lavaca and LD
Lockett. Commissioner Edwards stated residents knowing about alignment A
and have planned for this alignment for a long time.
Commissioner Blassingame questioned staff about the school zone boundaries
serving the area? Barry LeBaron stated not knowing. Commissioner
Blassingame stated if children still ride their bikes to school, then there is a need
for a north south street so that they would not have to ride on Precinct Line Road.
Commissioner Edwards stated if the vote is to not put a road by the commercial,
that commercial development can still develop a road.
Commissioner Byerly questioned staff the new commercial development could
then be responsible for their cost of the street if the street is indicated on the
master plan. Barry LeBaron stated the purpose of a master thoroughfare plan is
Planning & Zoning Commission
Minutes - March 14, 2005
Page 6 0'8
to provide for continuity as properties develop.
Commissioner Duffy questioned staff about the drainage? Barry stated the street
does provide for a good opportunity to provide drainage easements.
Commissioner Duffy made motion to approve alignment "C" from McDonwell
School Road, and then between Lavaca and the fire stub and stop, then when
Mr. Cole develops the remainder of the commercial property then Mr. Cole could
provide for a road at that time. Commissioner Duffy stated not needing a north
south connecting LD Lockett at this time.
Commissioner Byerly questioned staff about the fire stub out? Barry LeBaron
stated it being a second entrance to the Emerald Park addition in the future.
Commissioner Byerly seconded Commissioner Duffy's motion.
The motion to approve failed by the following vote:
Aye: Duffy and Byerly
Nay: Edwards, Blassingame
Commissioner Duffy stated making the motion based on the speakers in favor of
the new alignment E.
Commissioner Blassingame stated there is not a need for a road next to Emerald
Park; the developer has already stated not wanting the road. Commissioner
Blassingame made motion to approve alignment C, from McDonwell School
Road to Lavaca Trail with no road south of Lavaca. Commissioner Duffy
seconded.
The motion to approve failed by the following vote:
Aye: Edwards, Blassingame and Duffy
Nay: Byerly
Commissioner Byerly stated needing a road south of Lavaca and it would be
consistent with the master plan.
Commissioner Edwards questioned Commissioner Byerly as to why he did not
support the alignment D? Commissioner Byerly stated that alignment puts too
much pressure on the development of the property as opposed to keeping the
larger lots. Commissioner Byerly stated Emerald Park created the buffer.
Commissioner Edwards concurred that addition changed the layout of the master
plan.
Commissioner Blassingame stated these residents who bought in to Emerald
Park did not know of a road being put in their back yards; the developer has
plenty of room to be able to develop with the current flow for traffic.
Commissioner Blassingame stated Commissioner Duffy's suggestion about
stopping the road at the fire stub would be routing a road that would lead to no
were.
Commissioner Byerly questioned Commissioner Blassingame if the road was to
run along the northern boundary of the commercial property then Emerald Park
would not be abutting a road? Commissioner Blassingame stated if the
Planning & Zoning Commission
Minutes - March 14, 2005
Page 7 of 8
suggestion is to run south along the east side of the commercial property, south
of Lavaca Trail and then make an intersection? Commissioner Byerly stated to
make an outlet from the road on to Precinct Line. Commissioner Blassingame
concurred with the suggestion, but not to run in the commercial space, that would
not be fair to the developer or the residents.
Commissioner Duffy concurred with Commissioner Blassingame.
Commissioner Byerly made motion to approve alignment C from McDonwell
School Road then to the northern boundary of Emerald Park then to go west to
Precinct Line along the property boundary. Commissioner Blassingame
seconded.
Commissioner Edwards questioned the necessary need for taking a maximum
amount of space from the middle of the commercial development?
Commissioner Edwards stated the problem with only have of the road being built
when the commercial property develops. Barry LeBaron replied looking for sites
with mid-box sizes to fill the space and when platting these properties, the
alignment that the Commission has suggested would work for those properties.
Commissioner Edwards questioned if the motion could be amended to align with
the North Richland Hills Street. Commissioner Byerly concurred.
The motion was approved by the following vote:
Aye: Edwards, Blassingame, Duffy and Byerly
Nay: None
The motion being approved was to approve alignment C from McDonwell School Road
south then to the northern boundary of Emerald Park then to go west to Precinct Line
along the commercial property boundary.
STAFF REPORTS
Barry LeBaron stated the Planning & Zoning Workshop went well with the PUD
regulations and the first public hearing for the PUD regulations will be on April 11, 2005.
COMMISSIONER COMMENTS
ADJOURNMENT
The Commission adjourned the meeting at 9:21 p.m. by acclamation.
Respectfully Submitted,
Amy Shelley
Planning and Zoning Assistant
Approved on: March 28, 2005
Planning & Zoning Commission
Minutes - March 14, 2005
Page 8 0'8