Loading...
HomeMy WebLinkAboutPlanning and Zoning Commission-Minutes-8/8/2005 cc.~ Texas PLANNING AND ZONING COMMISSION MEETING MINUTES - August 8, 2005 CALL TO ORDER Chairman Byerly called the meeting to order at 7:00 p.m. ROLL CALL Present: Commissioners Thomas Dolan, Thomas Bartkowski, Luann Edwards, Denis Duffy and Jeff Byerly Absent: Commissioners Dave Dudziak and John Blassingame Barry LeBaron, Chris Fuller, Amy Shelley, Robert Woods and Scott Welmaker from staff were present. The invocation was given by Commissioner Byerly. INVOCATION PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES Commissioner Duffy moved to approve the July 25, 2005 meeting minutes as written. Commissioner Bartkowski seconded. The motion was approved by the following vote: Aye: Dolan, Bartkowski, Edwards, Duffy and Byerly Nay: None CITIZEN COMMENTS REGARDING ITEMS NOT ON THE AGENDA None REGULAR AGENDA ITEMS 1. Case P-05-029 - Preliminary plat for Preston Oaks Addition on 83.7 acres located at 6816 Murphy Road Barry LeBaron presented the case and briefed the Commissioners. Commissioner Duffy questioned the applicant how long the back taxes have been owed and the amount owed? Ron Shirley, the applicant, replied there being less than $50 dollars owed. Mr. Shirley and John Boone, Engineer for the applicant, presented the case and briefed the Commissioners. Jack Lyle presented the land plan for this development. David Witt, with Land Pro, presented the landscape plan for the development of the park and addition. Commissioner Duffy stated having concerns with the width of Murphy Road being too narrow and with the 50 foot right of way with landscaping. Planning & Zoning Commission Minutes - August 8, 2005 Page 1 of 6 Commissioner Duffy questioned Mr. Lyle if the trees on the drawing to the left are real or conceptual? Mr. Shirley replied they are trying to gather an easement to the left of the property to help with the right of way. It is very important for us to maintain the look with the trees as much as possible. Commissioner Duffy questioned Mr. Shirley if there is an aerial overlay with the streets? Mr. Shirley replied staff has a copy of the aerial. Chris Fuller presented the overlay on the projector screen. Mr. Shirley stated his goal is to maintain the beautiful trees that are already in the property. Commissioner Duffy questioned Mr. Shirley on the upper lots on the drawing, if those trees will be replaced when putting in the pad are you going to bull doze those trees and then replace with like trees or are you going to try and work around those trees? Mr. Boone replied to work around those trees as much as possible. Commissioner Duffy questioned Mr. Boone in regards to the tree replacement opportunity? Mr. Boone replied they have set aside areas in which the builders may put the trees they have to replace and they will do so under the landscape architect. Commissioner Duffy questioned Mr. Boone in regards to the percentage of trees that will have to be removed? Mr. Boone replied not being able to speak for the builders, however, the builders will have to put in 24 caliper inches of trees when replacing those taken away. Commissioner Duffy questioned Mr. Boone about Marilynn Park, how much water are you going to be putting in and how much land do you have available for it? Mr. Boone replied 25%. Commissioner Duffy questioned Mr. Boone if the Homeowner's Association papers are in place? Mr. Boone replied yes. Mr. Shirley replied Mr. LeBaron will have a copy tomorrow. Barry LeBaron presented video to show the width of the pavement and the trees along the roadway. Commissioner Duffy stated wanting some assurances that the trees will be preserved. Mr. Shirley stated wanting to keep the trees and preserve the area as well as the others that have worked on this project. Barry LeBaron stated this preliminary plat has taken time to present to the Planning and Zoning commissioners. These developers have taken a great deal of time and effort to preserve and maintain the open space and tree areas. Commissioner Duffy questioned Mr. Shirley if the public access easement along Bandit Trail has been approved? Mr. Shirley replied correct, the easement has been filed. Barry LeBaron stated that document will be noted on the final plat with the volume and page number representing the easement. Commissioner Duffy questioned if the new Keller school would be able to handle the new homes. Mr. Shirley replied the schools have been contacted and they stated being able to handle the new addition. Planning & Zoning Commission Minutes - August 8, 2005 Page 2 of 6 Commissioner Duffy questioned Mr. Shirley in regards to the upgrade of Murphy Road to 30 feet wide on the western end of the property, will that be sufficient? Barry LeBaron replied staff suggested that it continue to Herbert and they have agreed to that. Commissioner Bartkowski questioned Mr. Shirley in regards to Block B, Lot 9 what is on that lot? Mr. Shirley replied a detention area. Commissioner Edwards questioned Mr. Shirley if this development will be done as one phase? Mr. Shirley replied yes. Commissioner Edwards questioned Mr. Shirley in regards to the expected time frame? Mr. Shirley replied hoping to start in October and be completed by January or February. Commissioner Edwards questioned Mr. Shirley in regards to all the lots for tree replacement opportunities being all open space and maintained by the Homeowner's Association? Mr. Shirley replied correct. Commissioner Edwards questioned Mr. Shirley in regards to the park being used by other residents of other communities. However, the park will be maintained by the HOA? Mr. Shirley replied correct. Commissioner Edwards questioned Mr. Shirley how they are going to facilitate for that? Mr. Shirley stated having separate staff to maintain the park. Commissioner Edwards stated typically those parks have restrictions and guidelines to maintain. Barry LeBaron stated the public could not enforce those guidelines. If it is open, anyone who drives in and parks may use the facility. Commissioner Edwards questioned staff to walk through what will be expected for the streets. Barry LeBaron stated Murphy Road will be built to city standards which would include a 50 foot right of way and the pavement width would be 31 feet. Commissioner Edwards questioned staff if this would be all the way from the east end to Herbert? Barry LeBaron replied correct with a transition at the intersection. Commissioner Duffy questioned staff in regards to the 30 foot section of Murphy, are we going to require them to bring the street to code? Barry LeBaron replied yes, they will go all the way to Herbert with city standards. Commissioner Edwards questioned staff in regards to the width from where the new part will begin and where it will end at Herbert? Barry LeBaron replied about 650 feet. Commissioner Edwards questioned staff in regards to the city completing the remaining part of Murphy Road. Barry LeBaron stated staff considered this developer paying for those improvements, however, those residents will have more than one way to enter and exit. Therefore we didn't require them because it is not on the Master Thoroughfare Plan. Commissioner Dolan stated having some of the same issues that the other Commissioners have, however, traffic getting on to Precinct Line is dangerous. Has there ever been talk about putting in a light? Mr. Shirley stated there being some discussion, but it would take Colleyville and North Richland Hills as well to coordinate a light. Commissioner Duffy questioned Mr. Shirley in regards to the preconstruction prices Planning & Zoning Commission Minutes - August 8, 2005 Page 3 of 6 of the lots? Mr. Shirley replied ballpark around $150,000. Commissioner Dolan stated wanting to know to be able to figure the size of homes that would be on these lots because normally a builder will not go more than 20%. Mr. Shirley stated these homes will mirror the Clairemont homes. Mr. Boone stated the lots are designed for a 90 x 90 pad. Commissioner Dolan stated for clarity to Mr. Shirley, a 4,000 square foot home? Mr. Shirley replied correct. Commissioner Duffy questioned Mr. Shirley in regards to the 35 lots that deed trees, what does that mean? Mr. Shirley replied the architectural control committee will deed restrict those lots to be used for the trees the builders will need to replace. Commissioner Edwards questioned staff in regards to Murphy Road not being on the Master Thoroughfare plan, considering this large development, if we were to make a change to the Master plan before the final plat, would that allow the city to use the funds from that to improve that area? Barry LeBaron replied it not mattering whether prior to the approval of this plat or not. It would have to do with the impact fee and those rates, not with this plat. However, this may be one of those contributing factors that you would want to use to update the Master Thoroughfare Plan. Commissioner Duffy made motion to approve case P-05-029 with the following amendments: 1. The Home Owner's Association information must be attached before presenting the final plat to City Council; 2. The overlay of the streets on the final plat will be consistent with the approved preliminary plat; 3. The 35 lots that have no trees, the Home Owner's Association will stipulate 24 inches of trees which will be noted on the plat. Commissioner Byerly seconded the motion with the amendments. The motion was approved by the following vote: Aye: Dolan, Bartkowski, Edwards, Duffy and Byerly Nay: None PUBLIC HEARING AGENDA ITEMS 2. Case Z-05-019 - PUBLIC HEARING - Amendment to Chapter 3, Land Use regulations of the Colleyville Land Development Code regarding movie theaters Barry LeBaron presented the case and briefed the Commissioners. Commissioner Bartkowski questioned staff in regards to the need for executive viewing rooms? Barry LeBaron replied that being a term used to describe what the developer would like to have for the viewing rooms and the criteria would be the 50 seat maximum. Commissioner Byerly questioned staff if by amending the movie theater regulation each time there is a need is the best way to do so or should a Special Use Permit be used instead of amending the code? Barry LeBaron replied staff did see this as the right way to go. Commissioner Duffy questioned staff if the new code would be six screens with 2 viewing rooms or eight screens? Barry LeBaron replied essentially eight or you could have 2 executive viewing rooms with 50 seat maximum. City Attorney, Planning & Zoning Commission Minutes - August 8, 2005 Page 4 of 6 Matthew Boyle concurred with Barry LeBaron. Commissioner Bartkowski questioned staff if this is strictly a movie theatre or also a dining facility or something else special about this movie theatre? Barry LeBaron replied not being case specific tonight, however, Scott Welmaker, Economic Development Director, can give the Commission more input about the project. Commissioner Byerly opened the public hearing at 8:31 p.m. Scott Welmaker, Economic Development Manager, presented the case and briefed the Commissioners. Commissioner Bartkowski questioned Scott Welmaker in regards to this developer needing six screens to make this project viable and the other two viewing screens are not part of the business plan because they are not economically viable screens, so does this developer only need the six screens? Scott Welmaker replied the two viewing screens are in the business plan and can be economically viable. Groups can rent those rooms. Commissioner Duffy questioned staff in regards to the numbers of patrons that might frequent the six screens and does the Town Center have adequate parking? Barry LeBaron stated not haven seen a foot print of the building, yet, this property has adequate space. Commissioner Duffy questioned staff in regards to the location of Market Street? Barry LeBaron replied the property north of Market Street. There being no one wishing to speak, the public hearing was closed at 8:36 p.m. Commissioner Bartkowski questioned staff if the Commissioners are creating an ordinance that is tailored for a specific business, six screens, two viewing rooms, etc.? Commissioner Edwards stated when the original ordinance was created; the Commissioners did not have any idea about the specifics needed for this particular need. Staff simply followed an example of some one else's ordinance and now we are able to tailor it the way we need it for this project or use. Commissioner Edwards made motion to approve case Z-05-019. Commissioner Bartkowski seconded. The motion was approved by the following vote: Aye: Dolan, Bartkowski, Edwards, Duffy and Byerly Nay: None 3. Case P-05-024 - PUBLIC HEARING - Final Plat of Lot 1, Block 1, Colleyville Hibernia Addition being a replat of Lots 1, 2, and 3, Block 1, Andy Felps Addition on 2.18 acres, located at 3907 and 3913 Colleyville Boulevard Chris Fuller presented the case and briefed the Commissioners. Barry LeBaron stated being excited to see something happening on this property. Commissioner Duffy stated having concerns about another bank coming to Colleyville. Barry LeBaron replied this property has deed restrictions that go back over 50 years old. Commissioner Byerly stated those deed restrictions concern the Planning & Zoning Commission Minutes - August 8, 2005 Page 5 of 6 sale of alcohol. Commissioner Dolan questioned staff in regards to removing those deed restrictions? Barry LeBaron replied several years ago it was attempted but never went forward. Commissioner Byerly opened the public hearing at 8:47 p.m. Joe Riccardi, representing Hibernia National Bank, presented the case and briefed the Commissioners. There being no one wishing to speak, the public hearing was closed at 8:48 p.m. Commissioner Duffy made motion to approve case P-05-024. Commissioner Dolan seconded. The motion was approved by the following vote: Aye: Dolan, Bartkowski, Edwards, Duffy and Byerly Nay: None STAFF REPORTS Barry LeBaron reminded the Commissioners In regards to the workshop in Hurst in August. COMMISSIONER COMMENTS Commissioner Duffy commented on staff briefing the first applicant in regards to the agenda item. Commissioner Dolan concurred. Commissioner Edwards questioned in regards to the Master Thoroughfare plan being considered. Commissioner Byerly stated possibly having Special Use Permits for banks? Commissioner Duffy questioned staff in regards to deed restricted property, please notify Commissioners so that we can be aware of those restrictions on properties. ADJOURNMENT The Commission adjourned the meeting at 8:51 p.m. by acclamation. Respectfully Submitted, Amy Shelley Planning and Zoning Assistant Approved on: August 22, 2005 Planning & Zoning Commission Minutes - August 8, 2005 Page 6 of 6