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PLANNING AND ZONING COMMISSION
MEETING MINUTES - July 25, 2005
CALL TO ORDER
Chairman Byerly called the meeting to order at 7:00 p.m.
ROLL CALL
Present: Commissioners Thomas Dolan, Dave
Dudziak, Thomas Bartkowski, Luann Edwards, John
Blassingame, Denis Duffy and Jeff Byerly.
Barry LeBaron, Chris Fuller and Amy Shelley from
staff were present.
INVOCATION
The invocation was given by Commissioner Dudziak.
PLEDGE OF ALLEGIANCE
APPROVAL OF MINUTES
Commissioner Edwards moved to approve the July 11, 2005 meeting minutes as
written. Commissioner Dudziak 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-05-025- Final plat for Braemar Addition on 15.662 acres out of the
B.B.B. and C.R.R. Survey, Abstract 211 and the AT. Young Survey, Abstract
1756 located at 5000-5201 Fry Lane
Barry LeBaron presented the case and briefed the Commissioners.
Commissioner Bartkowski questioned staff if the Engineering department has
agreed to the drainage plans by the applicant? Barry LeBaron replied yes.
Commissioner Duffy questioned staff in regards to item 1 page 6 of the Development
Review Comments received from the applicant, how does "dully noted" satisfy the
submittal? Barry LeBaron replied the Engineering Department approved a waiver
because the lots are so large, and the amount of run off was negligible, they felt it
could be handled at the time building permits are issued by submitting a grading
plan. Commissioner Duffy questioned staff in regards to if the downstream
neighbors will not be affected by the drainage? Barry LeBaron replied what they
submitted information on, the adjacent property, the Rockrimmon development, they
have a drainage inlet and a storm drain that collects the run off even from this
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Minutes - July 25, 2005
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property, and it was oversized so that it will be able to accommodate the water from
this development. With that, the Engineering Department was satisfied that they
would not have any problems.
Commissioner Duffy questioned staff in regards to the minutes from tonight's
meeting will satisfy any legal requirements that this Commission has reviewed the
drainage plans and are satisfied that the downstream neighbors will not be affected?
Barry LeBaron replied the Commission approves the plat and the code does provide
the Engineering Department to review those and to approve a waiver on the design.
Commissioner Duffy questioned City Attorney Matthew Boyle if what the
Commission approves will satisfy the requirements for the downstream drainage?
Attorney Boyle replied the staff has approved the compliance the applicant has
provided by the issuance of the waiver with respect to the ordinance for drainage
requirements.
Commissioner Duffy questioned staff in regards to paragraph 5 of the Development
Review Comments received from the applicant, the fees have been considered?
Barry LeBaron stated staff has notified the applicant of the impact fees that will be
due at the time of permit. He stated Chris Fuller sends the applicant a table referring
to the fees that the developer needs to consider because the fees could change
depending upon the size of the meter or line that is chosen. Therefore, the applicant
makes note that those items have been considered.
Commissioner Blassingame questioned staff in regards to issues brought to the
applicant's attention is it correct to state that the applicant was aware of certain
issues and since then those issues have been resolved. Barry LeBaron replied
correct, the development comment letter is separated in to two categories, those
items that need a response and those items that need to be provided for
informational purposes only for acknowledgement only.
Commissioner Duffy questioned staff about the last sentence of paragraph 3 of the
development review letter, the 30 foot section of Fry Lane shall remain a private
easement until such time in the future that the adjacent property develops and a
sufficient right of way becomes available. What is the city's ability to be able to
control that? Barry LeBaron replied our ability to control the adjacent property is
when the property plats. At that time they would be dedicating 20 feet of right of way
off of their property in order to ad to this 30 feet. Then at that time, those property
owners would have to give up the liability of those 30 feet for the city to have control.
Commissioner Duffy questioned staff in regards to Fry Lane not meeting city
specifications? Barry LeBaron replied correct. Commissioner Duffy stated when the
right of way is obtained on the adjacent property, which will pay to upgrade that
street to city spec? Barry LeBaron replied at the time that property is platted we
would have the opportunity to look to see if we could get that segment of the road
updated to meet city standards. However, the note on the plat puts the responsibility
for the maintenance of this roadway on the property owners.
Commissioner Duffy questioned staff in regards to the future, who would be
responsible for paying for the upgrading of that street to city standards? Barry
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LeBaron replied the city would have to decide at that time whether or not they would
want that street. The city council has already made a decision on accepting the
street with the current upgrades.
Commissioner Bartkowski questioned staff in regards to if the city is charging this
developer Roadway Impact Fees? Barry LeBaron replied no we are not, when the
city council agreed to the improvements that were made to Fry Lane that satisfied
the roadway improvement requirements for this development. Under the impact
fees, you can not have those property owners improve the street and then turn
around and charge them Roadway Impact Fees.
Commission Dudziak questioned staff if the property owners have to maintain Fry
Lane to a certain level and does the City have a responsibility to make sure that they
maintain that street? Barry LeBaron replied there being no minimum maintenance
standards on this street.
Commissioner Duffy questioned staff in regards to what if the street becomes
impassable and would restrict fire and emergency access? Barry LeBaron replied
an assessment would have to be made at that time.
Commissioner Byerly stated the copy of the resolution is in the packet that the
property owners are to follow.
Commissioner Bartkowski made motion to approve case P-05-025. Commissioner
Byerly seconded.
The motion was approved by the following vote:
Aye: Dolan, Bartkowski, Edwards, Blassingame, and Byerly
Nay: Dudziak, Duffy
PUBLIC HEARING AGENDA ITEMS
2. Case Z-05-023 - PUBLIC HEARING - Request for a Special Use Permit for
alcoholic beverage sales on Lot 3, Block 3, Village Park Addition, located at 4913
Colleyville Boulevard
Chris Fuller presented the case and briefed the Commissioners.
Commissioner Edwards questioned staff if the city could make the adjacent property,
the Sonic, provide a common access? Chris Fuller replied that being a condition for
platting and not for zoning.
Commissioner Byerly opened the public hearing at 7:25 p.m.
Van Husbands, the applicant, presented the case and briefed the Commissioners.
Commissioner Duffy questioned Mr. Husbands in regards to having concerns with
access and parking. Have you discussed with the adjacent property, Sonic, in
regards to access to use their parking? Mr. Husbands replied not having
approached the property owner for the Sonic property. As far as Highway 26, he
stated having heard the State is going to lower Highway 26 in front of this property.
Commissioner Dolan questioned Mr. Husbands in regards to how many parking
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spaces do you propose to have? Mr. Husbands stated 20. Commissioner Dolan
questioned how many spaces in front? Mr. Husbands replied 14.
There being no one wishing to speak, the public hearing was closed at 7:29 p.m.
Commissioner Byerly questioned staff in regards to how many parking spaces are
required and do they meet those requirements? Chris Fuller responded 1 space per
3 seats or 1 space per 100 square feet which ever is greater. Barry LeBaron stated
the applicant has worked with Eddie Edwards, Building Official, in regards to the
limiting the seating to be able to be compliant with the parking space standards.
Commissioner Edwards questioned if staff has heard anything in regards to the
empty Sonic property? Barry LeBaron replied no.
Commissioner Bartkowski stated a successful business in this location may spur
more development for the empty adjacent properties.
Commissioner Duffy made motion to approve case Z-05-023. Commissioner
Dolan seconded.
The motion was approved by the following vote:
Aye: Dolan, Dudziak, Bartkowski, Edwards, Blassingame, Duffy and Byerly
Nay: None
TABLED AGENDA ITEMS
3. Case Z-05-021 - TABLED ITEM - Zoning change from AG to R30 on .815
acres, located at 2212 Glade Road
Commissioner Duffy made motion remove tabled item case Z-05-021.
Commissioner Byerly seconded.
The motion was approved by the following vote:
Aye: Dolan, Dudziak, Bartkowski, Edwards, Blassingame, Duffy and Byerly
Nay: None
Commissioner Duffy questioned Chairman Byerly if staff is satisfied with the
applicant changing his original request from R20 to R30? Chris Fuller replied staff
received a letter from the applicant conceding to the change.
Commissioner Duffy made motion to approve case Z-05-021. Commissioner
Blassingame seconded.
The motion was approved by the following vote:
Aye: Dolan, Dudziak, Bartkowski, Edwards, Blassingame, Duffy and Byerly
Nay: None
STAFF REPORTS
None
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COMMISSIONER COMMENTS
Commissioner Duffy thanked staff for the video clips in the briefings.
ADJOURNMENT
The Commission adjourned the meeting at 7:35 p.m. by acclamation.
Respectfully Submitted,
Amy Shelley
Planning and Zoning Assistant
Approved on: August 8, 2005
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