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HomeMy WebLinkAboutPlanning and Zoning Commission-Minutes-8/22/2005 cc.~ Texas PLANNING AND ZONING COMMISSION MEETING MINUTES - August 22, 2005 CALL TO ORDER Chairman Byerly called the meeting to order at 7:00 p.m. ROLL CALL Present: Commissioners, Thomas Bartkowski, Dave Dudziak, Luann Edwards, John Blassingame, Denis Duffy and Jeff Byerly Absent: Commissioners Thomas Dolan Barry LeBaron, Chris Fuller, Amy Shelley and Robert Woods from staff were present. The invocation was given by Commissioner Bartkowski. INVOCATION PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES Commissioner Bartkowski moved to approve the August 8, 2005 meeting minutes as written. Commissioner Duffy seconded. The motion was approved by the following vote: Aye: Dudziak, Bartkowski, Edwards, Blassingame, Duffy and Byerly Nay: None CITIZEN COMMENTS REGARDING ITEMS NOT ON THE AGENDA None REGULAR AGENDA ITEMS 1. Case P-05-027 - Final plat for Castleton Manor Addition on 24.108 acres located at 6805 Pleasant Run Road Commissioner Bartkowski recuses himself from this agenda item. Chris Fuller presented the case and briefed the Commissioners. John Fegan, the applicant, presented the request and briefed the Commissioners. Commissioner Duffy questioned staff in regards to page 6, the Homeowner's Association requirement not to be resolved without prior written consent of the city. What does the city entail, city council, p&z, or staff? Barry LeBaron replied the city council and they are consistent with the language used in the past. Commissioner Duffy questioned Mr. Fegan in regards to the annual contribution fund of $75 per lot or as other wise determined by the council. Why are they allowed to appeal to city council if they are instructed by the city to repair the streets? Barry LeBaron Planning & Zoning Commission Minutes - August 22, 2005 Page 1 of 7 stated that being a safety measure because those complaints would come to staff. Staff would then have to notify the HOA and if there were some conflicts then the city council would become the safety vest for the HOA to appeal that staff's decision. Commissioner Duffy questioned staff in regards to page 7, an estimate of the cash escrow for perimeter streets can be provided by the engineering department by request, this is the final plat, should not that have been done? Barry LeBaron stated Robert Woods, Engineering Department for the City of Colleyville would be able to answer the question in regards to the escrow funds for the perimeter street improvements. Robert Woods responded (was unable to put his response because he did not talk in to the microphone). Commissioner Duffy questioned staff in regards to when the city developer agreement comes in to affect? Barry LeBaron replied if they are making roadway improvements that also affect the city impact fees then they are to get some credit and in order to determine the terms of that, those are outlined in the city developer agreement. Commissioner Duffy questioned staff if that agreement is valid before they start work on the first building? Barry LeBaron replied before they start construction on the first building and Robert Woods concurred. Commissioner Duffy questioned staff page 9, paragraph 1, showing the flood data. David Myers indicates taking the data off of the plat and I understand why, please explain on item #2 David Myers states the city and John Fegan have verbally agreed that the developer would build 580 linear feet (match the width of the property at Pleasant Run) and the city would build the remaining, what does this mean? Barry LeBaron replied the current trail plan shows the trail going across the front of this property along Pleasant Run, and after having discussions with the Parks department; it was decided that the trail would function better if at the back of this project. Barry LeBaron stated Mr. Fegan agreed but he was only required to have to build only a portion, the same footage that would have been built along Pleasant Run, therefore the city would have to build the remaining footage. Commissioner Duffy questioned staff in regards to where that trail would go and how would it connect to the Cottonbelt Trail? Barry LeBaron replied Keith Fisher and Monica Walsh have had discussions with the Lutheran Church and they are interested in working something out because of the benefits of the trails. Commissioner Duffy suggested that the staff approval should also include the items that are still needed. Commissioner Duffy stated to Mr. Fegan to let his engineer know to include those items missing, not to send a letter referring to those items being deleted. Commissioner Edwards questioned staff in regards to the access to the Warwick Parc addition where would that be? Barry LeBaron replied at the John McCain entrance and Fegan's drive entrance. There will be a gate to this addition but there would be a pedestrian gate to gain access. Commissioner Byerly stated having approved the preliminary plat to not be gated, however now it is a gated community. Commissioner Byerly questioned Mr. Fegan as Planning & Zoning Commission Minutes - August 22, 2005 Page 2 of 7 to why that is? Mr. Fegan replied the neighbors wanted this to be a gated community and when brought forth to city council, they approved it as a gated community. Commissioner Byerly questioned Mr. Fegan if it would be ok for it not to be gated. Mr. Fegan replied it being ok to him if it were not gated but that is what the neighbors want. Commissioner Edwards stated to Commissioner Byerly that not being an option. City council approved as a gated community. Commissioner Duffy questioned staff in regards to the gate at the Warwick Parc entrance from this project; would that be an emergency access gate with a pedestrian gate? Barry LeBaron replied correct. Commissioner Edwards questioned staff in regards to that gate would open automatically? Barry LeBaron replied correct off of the optima system. Commissioner Duffy questioned staff in regards to a turn around off of Pleasant Run not being indicated on the plat? Barry LeBaron replied those features would be provided with the construction plans. Robert Woods replied those features have been provided in the grading plan. Commissioner Duffy stated wanting to see what is being voted on, not what could be. Commissioner Dudziak questioned Mr. Fegan if the maintenance of the long sidewalk area, the 580 feet, will be the HOA's responsibility? Mr. Fegan replied it being donated to the Parks Department all the way to John McCain. Commissioner Byerly questioned City Attorney Matthew Boyle in regards to this being a straight zoning, what is the Commissions options for the gated community? City Attorney Boyle replied when the preliminary plat went to city council for approval, they approved the plat with the gate and the private street. Barry LeBaron stated this plat meets all the technical requirements and possibly you could make the recommendation that you approve the plat but you do not approve of the gate and staff could bring the Planning and Zoning Commission approval out in the city council agenda briefing. City Attorney Boyle stated the separation here and the reason why, is to point out the provisions in Chapter 8 and the Chapter 10 provisions; is that the Chapter 8 provisions which are your plat approval provisions, is your approval is ministerial only with no discretion as opposed to Chapter 10 which is an entirely discretionary provision subject to the requirements of Chapter 10 being adhered to as a prerequisite to your exercise. Commissioner Byerly stated being confused as to how the Commission can use any discretion at all in a straight zoning case. Barry LeBaron replied regardless of how this is zoned, which is not what is before you, you still have the platting issues that are before you, if it had some PUD requirement that gave you some latitude, then you could use discretion, but this is not the case. The zoning does not have any play in this decision. Commissioner Duffy stated the Commission discussed and voted on a case and this particular case does not match with the preliminary plat that was voted on by this Commission. Commissioner Byerly stated the Commission was overruled by the city Planning & Zoning Commission Minutes - August 22, 2005 Page 3 of 7 council; they did not follow our recommendation. City Attorney Boyle stated the Commission could approve the plat with the removal of the gated entrance to city council. Commissioner Dudziak questioned Attorney Boyle in regards to item #4 under Bearing Source on the plat and the notarized section on the plat if those two sections are in conflict with each other? Attorney Boyle replied correct. Barry LeBaron replied that would be corrected. Commissioner Byerly suggested to Commission in regards to tabling this item until the Commission could get more definitive answers. Attorney Boyle questioned staff the date on the plat application? Chris Fuller replied July 18, 2005. Barry LeBaron responded as well stating the Land Development Code states the clock for this plat would start tonight because this is the first time the Planning and Zoning Commission is hearing the plat and take action. Attorney Boyle stated the plat application was not filed until the prerequisites of 8 9 b of the Land Development Code were met, and as such, it was not final and filed until August 18, 2005 meaning you have plenty of time in the 30 day window. Commissioner Blassingame stated to staff not sure why the Commission would send a plat with the recommendation not to have the gated community when the issue has been decided by city council to have it as a gated community. Commissioner Byerly stated two reasons to do so, one being to send a strong message to city council that this does not need to be a gated community, the street was stubbed out from the Warwick Parc addition and second the preliminary plat was approved on May 3, 2005 during the time of a different city council, maybe the new city council will see what the Commission's feelings are in regards to this gate. Commissioner Edwards stated the Commission would not be removing the gate; the option is to request city council to review their decision in regards to the gate. Commissioner Byerly stated wanting Attorney Boyle to address that issue and could possibly do so at the next meeting. Attorney Boyle stated being more than willing to do the research, however, Chapter 10 Section 5 states it being a single decision process made by the Planning and Zoning Commission, separate issue from the plat, and the approval for the gate has a different standard of review. Commissioner Duffy questioned Attorney Boyle if he has approved and signed off on the HOA documents? Attorney Boyle replied no. Commissioner Duffy stated that being a requirement. Commissioner Byerly questioned Attorney Boyle if this case could be tabled for a future date or does the date have to be mandated? Attorney Bole replied mandated for the next meeting. Chris Fuller stated the next Planning and Zoning Commission meeting is scheduled for September 12, 2005. Commissioner Blassingame questioned staff if there could be some sort of Planning & Zoning Commission Minutes - August 22, 2005 Page 4 of 7 recommendation that could be decided tonight for the applicant? Barry LeBaron replied staff would have the surveyor remove the street language in the dedication part to correct that error, however staff would recommend the Commission to approve the plat as submitted and if you wanted to remove the gated part to do so in the motion. Commissioner Duffy stated not being a question of being gated or not gated, it is a question of whether or not this plat is ready as is to go forward, is it complete. Commissioner Duffy stated hearing a lot of tap dancing, no certainties. Commissioner Dudziak concurred with Commissioner Duffy, the Commissioners want to approve complete documents before submitting to city council, and therefore he stated having no issues with tabling this case. Commissioner Byerly made motion to table case P-05-027. Commissioner Duffy seconded. Chris Fuller suggested to the Commission to detail the items that the applicant will need to address. Commissioner Byerly stated the following: 1. Mark "Floodplain" on Lot 16 2. Remove the language in regards to the dedicated streets to city. 3. Include an engineer drawing of the gated access to Pleasant Run. 4. Provide the documents for the Homeowner's Association to City Council for their review. 5. Mark Lot 17 as city maintained. Commissioner Byerly stated not wanting the applicant to have to provide drawings of a gate that he does not want to be put in the community. Commissioner Dudziak stated if the case is going to be tabled, the Commission should look at the drawings to be able to make certain of the recommendation to city council. Commissioner Edwards concurred with Commissioner Dudziak, if we look at the drawings, it will go to council with knowing that the Commission has looked at the drawings. If they are available to us, we should look at them. Technically, it is part of the plat. John Fegan responded by wanting the Commissioners to make a decision and passing the plat. He stated the homeowner's wanted the gated community and the city council approved as a gated community. Commissioner Blassingame stated for clarity the items needed to change would be mark lot 16 as flood plain and mark lot 17 as city maintained because gated access has already been approved. Commissioner Edwards stated to the Commission having been present at the time that city council approved the preliminary plat. She stated there being a lot of neighbors that attended the meeting that wanted the gated community. She stated that there is a lot of misconception about gated communities slowing down the traffic and that was the Planning & Zoning Commission Minutes - August 22, 2005 Page 5 of 7 reason they were very vocal about the gates and that is why council followed their request. To cut off this connection, will have a large impact on the thoroughfare plan because the intersection at John McCain and Pleasant Run Road can back up and to not have an alternate route could be detrimental. It is good planning to connect the streets. The motion to table was approved by the following vote: Aye: Dudziak, Edwards, Duffy and Byerly Nay: Blassingame 2. Case P-05-033 - Final plat for Alianne Estates Addition on 14 acres located at 512 and 600 Shelton Drive Chris Fuller presented the case and briefed the Commissioners. Jeff Vanderpool, the applicant, came forth to answer questions. Commissioner Duffy questioned staff in regards to page 4 of the staff comments the paragraph regarding trees, has that statement been added to the plat? Barry LeBaron stated does not need to be added to the plat, it is part of the Land Development Code. Commissioner Edwards made motion to approve case P-05-033. Commissioner Dudziak seconded. The motion was approved by the following vote: Aye: Dudziak, Bartkowski, Edwards, Blassingame, Duffy and Byerly Nay: None 3. Discussion of Master Thoroughfare Plan Barry LeBaron presented the discussion and briefed the Commissioners in regards to updated or presenting changes to the Master Thoroughfare Plan. Commissioner Edwards stated it being a good idea for the city council to consider the remainder of Murphy Road and add it to the Master Thoroughfare Plan to ease the traffic in that area because of the development of the new addition. Barry LeBaron replied could mention to the impact committee in regards to updating the plan. PUBLIC HEARING AGENDA ITEMS 4. Case P-05-036 - PUBLIC HEARING - Replat on 2.592 acres on Lot 4, Block 1 of the Pleasant Oak Estates Addition, located at 608 Beverly Drive Chris Fuller presented the discussion and briefed the Commissioners. Commissioner Duffy questioned staff in regards to the perimeter street improvements, why wouldn't the two new people share in the development of the perimeter of the road. Barry LeBaron stated the code states an exemption for the existing house and the owner did not take down the house until after the plat had been filed. Commissioner Planning & Zoning Commission Minutes - August 22, 2005 Page 6 of 7 Duffy stated understanding, however, does the grandfathering go for the new owner as well as the lot? Barry LeBaron replied the grandfathering goes with the lot. Commissioner Duffy questioned staff in regards to how long ago was that language placed in the code? Barry LeBaron replied about 4 years ago for the one lot exemption for the existing house. The existing lot does not create an impact on the system, the new lot will. Commissioner Byerly opened the public hearing at 8:02 pm. Paul Kramer, the applicant, came forth to answer any questions. There being no one wishing to speak, the public hearing was closed at 8:03 p.m. Commissioner Duffy made motion to approve case P-05-036. Commissioner Byerly seconded. The motion was approved by the following vote: Aye: Dudziak, Bartkowski, Edwards, Blassingame, Duffy and Byerly Nay: None STAFF REPORTS Barry LeBaron reminded the Commissioners in regards to the workshop to be held on August 29, 2005 in Hurst. COMMISSIONER COMMENTS Commissioner Duffy questioned Attorney Boyle in regards to the "Grandfather Clause"? Attorney Boyle replied could research and discuss at the next briefing session. ADJOURNMENT The Commission adjourned the meeting at 8:05 p.m. by acclamation. Respectfully Submitted, Amy Shelley Planning and Zoning Assistant Approved on: September 13, 2005 Planning & Zoning Commission Minutes - August 22, 2005 Page 7 of 7