HomeMy WebLinkAboutPlanning and Zoning Commission-Minutes-3/28/2005
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Texas
PLANNING AND ZONING COMMISSION
MEETING MINUTES - March 28, 2005
CALL TO ORDER
Chairman Byerly called the meeting to order at 7:10 p.m.
ROLL CALL
Commissioners Thomas Dolan, Dave Dudziak,
Thomas Bartkowski, Luann Edwards, John
Blassingame, Denis Duffy and Jeff Byerly were
present.
Barry LeBaron, Chris Fuller, Amy Shelley and Robert
Woods from staff were present.
INVOCATION
The invocation was given by Commissioner Dolan.
PLEDGE OF ALLEGIANCE
APPROVAL OF MINUTES
Commissioner Edwards moved to approve the minutes of the March 14, 2005, meeting
Commissioner Duffy seconded.
The motion was approved by the following vote:
Aye: Dolan, Dudziak, Bartkowski, Edwards, Blassingame, Duffy and Byerly
Nay: None
CITIZEN COMMENTS REGARDING ITEMS NOT ON THE AGENDA
None
REGULAR AGENDA ITEMS
1. Case P-OS-009 - Final Plat of Lot 1 R and Lot 2, Block 1 of the Baum Addition,
being a replat of Lot 1, Block 1, Baum Addition, 3.16 acres located on the west side
of Behrens Road, south of Glade Road
Chris Fuller presented the case and briefed the Commission.
Commissioner Edwards asked staff to clarify the escrow for the perimeter street fee.
Chris Fuller responded that it was an approximate amount of $135 per square foot.
Commissioner Bartkowski questioned staff about the line going west of the east
property line, for clarity, what is the line? Barry LeBaron responded an error in the
drawing.
Commissioner Byerly opened the public hearing at 7:20 p.m.
There being no one wishing to speak the public hearing was closed at 7:21 p.m.
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Minutes - March 28, 2005
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Commissioner Byerly made motion to approve case P-05-009. Commissioner
Blassingame seconded.
The motion was approved by the following vote:
Aye: Dolan, Dudziak, Bartkowski, Edwards, Blassingame, Duffy and Byerly
Nay: None
PUBLIC HEARING AGENDA ITEMS
3. Case Z-OS-008- PUBLIC HEARING - Request for a zoning change from AG
to R40 and R20 on 24.108 acres, out of the William Dunn Survey, Abstract 404,
located at 6805 Pleasant Run Road
Chris Fuller presented the case and briefed the Commission.
Commissioner Byerly questioned if the aspect of this being a gated subdivision
would be a platting issue? Chris Fuller responded correct.
Commissioner Edwards questioned staff if Lot 16 is just for open space not for a
home? Chris Fuller replied correct, that lot is going to be used for detention.
Commissioner Edwards questioned staff what could stop a home from being built on
that lot in the future since this will be R20 zoning? Chris Fuller stated this lot will be
dedicated as open space to be maintained privately. The lot frontage would not
conform to the R20 zoning; therefore a home could not be built on that lot.
Barry LeBaron stated the applicant has submitted the preliminary plat so that the
developer would be bound to the lot configuration, hence that is why the zoning and
preliminary plat are on this agenda.
Commissioner Edwards stated liking having the zoning and preliminary, however,
because this is straight zoning, if this property were to be sold, it does not mean a
new developer would use the same lot configuration. Barry LeBaron stated the
preliminary plat would be good for up to 12 months, therefore a final plat would have
to be submitted that was consistent with the preliminary plat presented to the
Planning and Zoning Commission and City Council for approval.
Commissioner Byerly questioned staff if the 40-foot strip to John McCain is included
on this? Barry LeBaron stated correct.
Commissioner Dudziak questioned staff if the strip is considered open space?
Barry LeBaron replied correct. Commissioner Dudziak questioned staff if it could
be sold at a later time? Barry replied correct, since this is not a PUD, it is not
required open space therefore it could be sold. However, the intention of the
developer for this open strip is to be maintained as open space and the HOA would
maintain. Commissioner Dudziak questioned if the HOA could sell the strip? Barry
LeBaron stated these are platting questions and at this point the zoning case is
what is being presented, however, the developer has stated dedicating the open
strip to the city for the use of the trail system.
Commissioner Dudziak questioned staff if the trail would go down the length of the
open space? Barry LeBaron responded correct, the trail would go down from John
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Minutes - March 28, 2005
Page 20f9
McCain and out the southeast corner of this development.
Commissioner Duffy questioned staff if once the platting is complete; the 40-foot
strip would then become a 30-foot strip, and would not be for sale? Barry LeBaron
stated there would be a trail easement along that property so no matter who owned
the property; the city would still have the easement. Commissioner Duffy
questioned staff if the developer has been briefed on the requirements of Chapter
10 of the Land Development Code for the gate and HOA? Barry LeBaron replied
the developer is aware of all the requirements for the gate details and HOA
information, but for the preliminary plat all the requirements have been met.
Commissioner Byerly opened the public hearing at 7:26 p.m.
John Fegan, the applicant, presented his request and briefed the Commission and
stated the neighbors wish to have this as a gated community with the trail system
outside the gate.
Commissioner Duffy questioned the applicant if the emergency access gate would
be west of the 10-foot trail on the eastern side of the property? Mr. Fegan
responded correct.
Commissioner Dolan questioned the applicant if the intention of the gated
community is to eliminate the traffic cut through from John McCain to Pleasant Run
Road? Mr. Fegan responded yes, he stated did not have plans to do the gate at
first but after having meetings with the neighbors, they all wanted that gate to cut off
the access between the two additions.
Commissioner Edwards questioned the applicant if he is putting up the gate
because that is what the neighbors wanted? Mr. Fegan responded correct, he
stated already paying the fee and committing to the gate.
Robert Pool, 6905 Pleasant Run Road, stated opposing the R20 portion of the
zoning request and stated having issues with traffic this density would create.
Roy Erwin, 6908 Pleasant Run Road, stated opposing the R20 portion of the zoning
request and stated having issues with traffic and drainage.
Dinah Stephens, 612 Shelton Drive, stated opposing the R20 portion of this request
for all the reasons previously stated.
Bill Stephens, 612 Shelton Drive, stated opposing the R20 portion of this request
and stated having issues with traffic and density.
Rhonda Berry, 2003 Kyle Court, stated liking the mixed zoning of R20 and R40.
Tony Johann, 2212 Collins Path, stated supporting the growth in Colleyville. He
stated liking the developer's use of R40 and R20. Mr. Johann stating liking and
using the bike trail and the fact that this developer wants to keep the bike trail off of
the main roads.
Steve Stallard, 5100 Fry Lane, stated supporting the developer and liking the
growth of Colleyville. Mr. Stallard stated this development is being done correctly.
James Day, 805 Shelton Drive, stated opposing the R20 zoning and the connector
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road with the Warwick Parc addition. Mr. Day stated if the connector street is not
allowed, it would help this addition.
Earl Morse, 1207 Hardage Lane, stated supporting the developer and the concept
of this development by working with the neighbors. Mr. Morse stated by using the
R40 and R20 mixed zoning seems to be a good blend for this area.
Tom Quinn, 6817 Pleasant Run Road, stated supporting the plat in the revised form
and supports the gated community idea to avoid the cut through traffic.
Becky Meadows, 6901 Pleasant Run Road, stated supporting Mr. Fegan's concept
and the fact that Mr. Fegan has worked with the surrounding neighbors; however
the R20 zoning does not compliment this part of Colleyville. Ms. Meadows stated
supporting the R20 on this plat because the R20 lots will be on the same side as the
soccer fields and can be used as a transitional area. Ms. Meadows stated having
concerns with traffic being diverted from John McCain to Pleasant Run Road which
would make the neighborhoods less desirable.
Joan Quinn, 6817 Pleasant Run Road, stated supporting the plat in the revised form
and supports the gated community idea to avoid the cut through traffic from John
McCain to Pleasant Run Road. Ms. Quinn stated appreciating Mr. Fegan's
willingness to work with the neighbors.
Swift Lindley, 2002 Kyle Court, stated supporting this plan because Colleyville is
built out on this type of development. Mr. Lindley stated liking the dedication of Mr.
Fegan.
There being no one wishing to speak the public hearing was closed at 7:46 p.m.
Commissioner Edwards stated liking the R20 lots being next to the soccer fields and
pleased with the R40 lots being placed next to the existing neighbors.
Commissioner Byerly concurred with Commissioner Edwards.
Commissioner Bartkowski concurred with Commissioner Edwards.
Commissioner Duffy questioned staff for platting purposes; does the location of the
housing need to be on the plat for the flood information? Barry LeBaron replied at
the time of platting the pad sites could be determined by the building set back lines.
Commissioner Duffy stated since Lot 16 is in the floodway, as well as some of the
other lots, and the flow pattern is from lower right to upper left, the detention pond is
necessary in that area. Barry LeBaron stated correct and the limits of the 100 year
flood are on the preliminary plat and will be finalized at the final plat. Robert
Woods, city engineer, stated during the final platting, the flood plain issues will be
addressed at that time.
Commissioner Bartkowski stated during the preliminary plat review, the procedure
states there should be a preliminary drainage analysis that the Planning and Zoning
Commission has an opportunity to review, therefore he would like to see the
analysis before approval of the plat.
Commissioner Dolan made motion to approve case Z-05-008. Commissioner
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Page 4 0(9
Bartkowski seconded.
The motion was approved by the following vote:
Aye: Dolan, Dudziak, Bartkowski, Edwards, Blassingame, Duffy and Byerly
Nay: None
2. Case P-OS-011 - Preliminary Plat on 24.108 acres, out of the William Dunn
Survey, Abstract 404, located at 6805 Pleasant Run Road
Staff made recommended to move this item to after item #3.
Chris Fuller presented the case and briefed the Commission.
Commissioner Bartkowski questioned staff about the two drainage easements not
being centered on the lot line? Robert Woods responded the developer is doing a
split lot easement. Commissioner Bartkowski questioned if a storm drain would be
provided? Robert Woods responded a storm drain is on the preliminary plat
presented for review. Commissioner Bartkowski questioned staff what would
happen if the drain would have to be dug up, typically that is why the drainage is
done down the center of the lot line? Robert Woods replied it being standard
procedure to do a split lot easement of a total of 15 feet depending on the site
layout. At this time, the easements can adjust during the design process.
Commissioner Bartkowski stated parts of the lots are in the floodway and part of the
preliminary plat review procedure states the developer should submit a preliminary
drainage analysis and utility layout, therefore he stated wanting to see those
analysis before approving the preliminary plat.
Commissioner Edwards questioned staff, if on a straight zoning, are those studies
required? Chris Fuller replied not on zoning only at platting.
Commissioner Edwards questioned staff if the easement for the trail has already
been provided? Chris Fuller replied correct, the developer has submitted a revised
copy that complied with the trail.
Commissioner Edwards stated the engineering department will not allow any thing
to be done on any development that would endanger the lots with drainage and not
having the drainage study at this time should not hold this plat back from being
approved.
Commissioner Bartkowski concurred with Commissioner Edwards, however he
stated Chapter 9 of the Land Development Code state that no land subject to the
100 year flood should be subdivided. Commissioner Edwards stated FEMA will
assure the layout of the lots and the drainage before building permits will be issued.
Commissioner Dolan questioned staff if engineering would make sure FEMA had
released before the issuing of the permits? Robert Woods replied correct. Barry
LeBaron stated those issues are addressed during final plat process. Robert
Woods stated FEMA would provide a detailed study at the time of final design.
Commissioner Edwards stated opposing the gated community because the
connector street was approved during the Warwick Parc approval. She stated
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Page 50'9
being concerned with causing problems with entry and exit of the Stonebridge Parc
residents.
Commissioner Byerly concurred with Commissioner Edwards the stub out was to
provide relief from John McCain.
Commissioner Bartkowski concurred these residents would only be able to enter
and exit on to Pleasant Run Road which would compound the traffic congestion on
Pleasant Run Road.
Commissioner Dolan stated getting on to Pleasant Run Road is a problem; however
this has been a problem for a while, but not a problem this developer caused.
Commissioner Byerly questioned staff if it would be ok to approve this preliminary
plat without the gated aspect, or should it be denied? Barry LeBaron stated the plat
could be approved with conditions to be addressed when the final plat comes
forward which would require approval by the City Council.
Commissioner Duffy stated there are several items to be submitted with the
preliminary plat. Has a tree replacement plan been submitted and does the
Commission have what is necessary to approve this preliminary plat? Barry
LeBaron replied not sure about the tree replacement plan, it is usually submitted at
time of building permit. Commissioner Duffy stated needing to have a work session
to go through the checklist chapter.
Commissioner Byerly concurred with Commissioner Edwards that submitting this
plat at the same time of zoning is great, to be able to lock the lots. However, having
the developer cross and dot every T and I are not required at this time, only at the
time of final plat.
Commissioner Edwards questioned staff if the Commission could split the voting for
the gated aspect and the preliminary plat? Matthew Boyle, City Attorney, stated
yes.
Commissioner Dolan stated not being in favor of splitting the vote.
Commissioner Duffy questioned staff about the procedure for splitting the vote?
Commissioner Edwards stated it being important, for the comfort level of the
neighbors, for the plat to pass; however, she stated not having a good feel for the
gate. Commissioner Edwards stated splitting the vote would make it easier for the
council to consider.
Commissioner Dolan stated the speakers, who spoke during the public hearing,
were comfortable with the plan that was presented and that plan included the gate
on Pleasant Run Road. The developer addressed the issue of the cut through road
with the neighbors and that is what was decided, therefore Commissioner Dolan
stated not being in favor of splitting the vote.
Commissioner Dudziak stated being in favor of splitting the vote and questioned
staff about the log cabin, is there an agreement in the works? Chris Fuller replied
correct, however there is no set location for the cabin. Commissioner Dudziak
questioned how could there be a public facility in a gated community? How would
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the public access the facility? Chris Fuller replied the cabin will be moved on to city
property and a developer's agreement is being drafted.
Mr. Boyle questioned Commissioners how is this relevant to the approval of the
preliminary plat? Commissioner Dudziak replied that if the cabin is a public facility
how can it be placed in a private gated community? Mr. Boyle stated it not being
shown on the plat as a dedicated public area.
Mr. Fegan stated working with the Parks Department and having agreed to pay to
move the cabin to where ever the city wants the cabin and he stated leaving that to
the city. Barry LeBaron stated as far as public access, there will be pedestrian
access through this development's gates for the use of the Cottonbelt Trail.
Commissioner Edwards questioned staff about how they might feel about closing
the access from Warwick Parc? Barry LeBaron stated staff suggested putting the
stub out street from Warwick Parc to provide for circulation from neighborhood to
neighborhood.
Mr. Fegan stated originally on the Warwick Parc addition, there was not a plan to
put the stub out street there because it caused the loss of a lot; however, it was
placed there by the advisory of staff and city council to provide for the relief of
traffic. Mr. Fegan stated agreeing with the neighbors about the gated access, but
the stub out would still be there for emergency access only. Mr. Fegan stated
adding a gate next to the front for pedestrian access to the path. Also, he states
already having worked with FEMA about the flood area which will take about four to
six months with strict standards to meet. Mr. Fegan stated placing the streets as to
prevent damage to very few trees.
Commissioner Edwards questioned staff if the ROW along Pleasant Run Road is
tied down to on the other side of the road to insure going from the middle of the
existing roadway. Robert Woods replied having dedicated the centerline on this
area at the time of final. Barry LeBaron stated the centerline is the assumed center.
Mr. Fegan stated the drainage ditches would be cleaned for better flow.
Commissioner Bartkowski stated wanting to see the preliminary drainage analysis
before approving this, because the developer is taking open land, putting
impervious coverage, collecting it in a detention area, and there will be some kind of
point discharge in someone's backyard, the way it appears now. He stated it is
prudent to see that information and it is reviewed as part of the plat procedure.
Robert Woods stated the developer has provided plans for this drainage, as
outlined in the code, and it shows the detention requirements, and not allowing
extra flow in the existing conditions. The final calculations will be done during the
final plat procedure. Commissioner Bartkowski stated it being important to show
adequate facilities in the area for the drainage.
Commissioner Byerly made motion to approve the preliminary plat case P-05-011
with the deletion of the gated access. Commissioner Dudziak seconded.
The motion was approved by the following vote:
Aye: Dudziak, Edwards, Blassingame, Duffy and Byerly
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Page 70'9
Nay: Dolan, Bartkowski
4. Case Z-OS-009 - PUBLIC HEARING - Request for a zoning change from AG
to R40 on 1.155 acres, out of the S.C.H. Witten Survey, Abstract 1619, located at
5500 Montclair Drive
Chris Fuller presented the case and briefed the Commission.
Commissioner Byerly opened the public hearing at 8:25 p.m.
There being no one wishing to speak, the public hearing was closed at 8:25 p.m.
Commissioner Edwards made motion to approve case Z-05-009. Commissioner
Duffy seconded.
The motion was approved by the following vote:
Aye: Dolan, Dudziak, Bartkowski, Edwards, Blassingame, Duffy and Byerly
Nay: None
S. Case Z-OS-010 - PUBLIC HEARING - Request for a zoning change from AG
to R40 on 4.0 acres, out of the Joseph White Survey, Abstract 1692, located at 512
and 600 Shelton Drive
Barry LeBaron presented the case and briefed the Commission.
Commissioner Byerly opened the public hearing at 8:26 p.m.
Jeff Vanderpool, 512 Shelton Drive, the applicant, presented the case and briefed
the Commission.
Dinah Stephens, 612 Shelton Drive, spoke in favor of the R40 zoning.
Bill Stephens, 612 Shelton Drive, spoke in favor of the R40 zoning.
James Day, 805 Shelton Drive, spoke in favor of the R40 zoning.
There being no one wishing to speak, the public hearing was closed at 8:30 p.m.
Commissioner Edwards made motion to approve case Z-05-010. Commissioner
Dolan seconded.
The motion was approved by the following vote:
Aye: Dolan, Dudziak, Bartkowski, Edwards, Blassingame, Duffy and Byerly
Nay: None
STAFF REPORTS
Barry LeBaron stated the PUD recommendations are moving forward. Barry LeBaron
stated after getting through the budget process, there will be more work shops
scheduled.
COMMISSIONER COMMENTS
Commissioner Dudziak stated having confusion about the documents needed for the
preliminary plats.
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Commissioner Duffy stated wanting a clear checklist so that we are sure to have
everything in place for fairness to the developer and council.
Commissioner Byerly concurred with Commissioner Duffy about clear checklists for
plats and could be addressed in a work shop.
Commissioner Edwards stated wanting us to move away from approving the drainage
on a property, the engineering department is very capable and accessible for reviewing
those plans.
Commissioner Duffy stated the Commissioners need the documents so that the
Commissioners can do the homework so that the council can do their job easier.
Commissioner Byerly stated stream lining the drainage process for the benefit of the
citizens since drainage is an issue for the citizens.
Commissioner Dolan stated the loop being closed with a clear cut check list and sign off
by the appropriate department.
Commissioner Byerly stated streamlining the whole process by a recommendation by
staff for approval or denial of a plat.
Commissioner Duffy stated he will be absent for the two meetings in April.
Commissioner Edwards stated she might possibly miss the two dates in April.
ADJOURNMENT
The Commission adjourned the meeting at 8:40 p.m. by acclamation.
Respectfully Submitted,
Amy Shelley
Planning and Zoning Assistant
Approved on: April 11, 2005
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Minutes - March 28, 2005
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