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HomeMy WebLinkAboutPlanning and Zoning Commission-Minutes-11/28/2005 (6) .~ Texas. PLANNING AND ZONING COMMISSION MEETING MINUTES - November 28, 2005 CALL TO ORDER Chairman Byerly called the meeting to order at 7:00 p.m. INVOCATION Present: Commissioners, Robert McCormick, Dave Dudziak, Thomas Bartkowski, Mary Taylor, John Blassingame, Denis Duffy and Jeff Byerly Barry LeBaron and Amy Shelley from staff were present. The invocation was given by Commissioner Bartkowski ROLL CALL PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES Commissioner Dudziak moved to approve the November 14, 2005 meeting minutes as written. Commissioner Duffy seconded. The motion was approved by the following vote: Aye: McCormick, Dudziak, Bartkowski, Taylor, Blassingame, Duffy and Byerly Nay: None LEGAL BRIEFING BY CITY ATTORNEY ON AGENDA ITEMS None CITIZEN COMMENTS REGARDING ITEMS NOT ON THE AGENDA None PUBLIC HEARING AGENDA ITEMS 1. Case Z-05-033 - PUBLIC HEARING - Request for a zoning change from AG and R40 to PUD-R on 3.756 acres, located at 5204 to 5212 Pool Road Barry LeBaron presented the case and briefed the Commissioners. Commissioner Byerly opened the public hearing at 7:10 p.m. Jim Dewey, the applicant, came forward to present the request and brief the Commissioners. David Staley, property owner and developer of the property, came forward to present the request and brief the Commissioners. Commissioner Duffy questioned Mr. Staley regarding the detention pond being in the upper left corner, is that also the open space areas for sports? Mr. Staley replied the detention area will be to the side. Commissioner Duffy questioned Mr. Staley regarding Planning & Zoning Commission Minutes - November 28, 2005 Page 1 of 6 where the aeration pond would be placed? Mr. Staley replied wanting to defer that question to the Engineer. Commissioner Duffy questioned Mr. Staley if the Homeowner's Association (HOA) information would be provided at the time of platting? Mr. Staley replied correct. Commissioner Duffy questioned Mr. Staley regarding if the 25 foot right of way has been acquired for the open space area and tree planting? Mr. Staley replied the 25 foot right of way has been acquired. There being no one wishing to speak, the public hearing closed at 7: 15 p.m. Barry LeBaron stated the detention/retention pond will be clarified before the platting of the property. An aeration device would not be placed in a pond that would only have water in it for a short period of time. Commissioner Byerly questioned staff regarding if the entrance will meet the standards of the master plan? Barry LeBaron replied staff is comfortable with the greenbelt area fronting the street at the 25 foot right of way. Commissioner Duffy made motion to approve case Z-05-033. Commissioner Byerly seconded. The motion was approved by the following vote: Aye: McCormick, Dudziak, Bartkowski, Taylor, Blassingame, Duffy, Byerly Nay: None 2. Case Z-05-013 - PUBLIC HEARING - Request for a zoning change from CC2-Shopping Center Commercial to PUD-R Planned Unit Development Residential on 15.76 acres, located at the 931-1013 McDonwell School Road Commissioner Taylor recused herself from this agenda item. Barry LeBaron presented the case and briefed the Commissioners. Commissioner Duffy questioned staff regarding where the access to the tower will be located? Barry LeBaron replied there being an open space area that abuts the cell tower where the access will be located. Commissioner Duffy stated there is a masonry wall on the drawing that is in front of that tower. Barry LeBaron stated the developer would have to provide access through the masonry wall to the tower. Commissioner Duffy stated to staff the access has not been noted. Barry LeBaron replied this request is for zoning and at the time of platting, the access to the tower will be noted. Commissioner Duffy questioned staff if the property to the south would be included in this PUD-R request? Barry LeBaron replied not at this time, the developer has put some thought into that property because he does own that property, but that would have to be an amendment to this PUD-R. Commissioner Duffy questioned staff if that being the case, that 54 foot extension on the southeast corner would not be built upon? Barry LeBaron replied that is the understanding, but that is not what is being requested at this time. Commissioner Duffy stated there has been PUD regulation changes made since this application was submitted. Barry LeBaron concurred. Commissioner Duffy stated the Planning & Zoning Commission Minutes - November 28, 2005 Page 2 of 6 open space calculations probably include the islands; however the PUD regulations now do not permit the islands to be included. Barry LeBaron concurred. Commissioner Duffy stated the lower left hand of the southwest corner has a major pond in it. There is a path at the south end of the property that goes around those small ponds, but he stated not seeing any other paths. Commissioner Duffy questioned staff regarding the old and new PUD regulations, the new rules state 25 feet of open space is required after the right of way dedication for McDonwell School Road; however the chart does not indicate the 25 foot requirement. Barry LeBaron replied the developer has provided a greenbelt along the northern edge of the property but stated not knowing if it is 25 feet or not being that was not one of the standards at the time. Barry LeBaron stated staff did not gage the maximum open space allowed for detention. Barry LeBaron stated the developer is not required to have to do the paths in that open space. The only paths that he would have been required to do is the trail along McDonwell School Road, but that is already in because it was put in during the summer for access to the new elementary school. Commissioner Byerly opened the public hearing at 7:25 p.m. Konstantine Bakintas, Baird Hampton and Brown, the engineers and surveyors representing the applicant, came forth to present the request and brief the Commissioners regarding the request. Commissioner Dudziak questioned Mr. Bakintas regarding what are some of the amenities in the open space areas? Mr. Bakintas replied the amenities being similar to neighboring Rosewood Villas and the drawing shows what we are intending because these new residents are empty nesters. Commissioner Dudziak stated there not being any benches or tables or any areas for gathering on the drawing. Mr. Bakintas replied not being aware of any of those items being included at this time, but if that is something the Commissioners would like to see we can consider. Commissioner Dudziak questioned Mr. Bakintas why use a crushed granite on the pathways instead of concrete? Mr. Bakintas replied they could use concrete if desired and he stated the placement of the benches could be written into the language of the PUD ordinance for this project. Commissioner Dudziak questioned Mr. Bakintas regarding the compliance with aeration devices in order to have good clean flowing ponds? Mr. Bakintas replied if there are retention ponds then the aeration devices will be necessary and would be willing to write in to the PUD ordinance. Commissioner Duffy stated most of the open space next door in the Rosewood Villas is for aesthetic purposes; those areas are not usable areas. Is there a plan for those areas to be more accessible to the residents? Mr. Bakintas replied the greenbelt areas are going to accessible to the residents; the ponds will serve as detention and aesthetic purposes at this time we have not gone through the details regarding percentages for detention/retention or open space. Commissioner Duffy questioned Mr. Bakintas if the side yard set backs would be about 5 feet? Mr. Bakintas replied not being sure at this time. Commissioner Duffy questioned Fire Marshal Jeff Jones if the 5 foot side yard set back would be sufficient to get fire equipment through there? Fire Marshal Jones replied the Planning & Zoning Commission Minutes - November 28, 2005 Page 3of6 set backs provided meets the code for being able to access the side of the home. Commissioner Dudziak questioned Mr. Bakintas if the $75 dollars per lot is going to be enough for maintenance of the street and lots by the homeowners? Mr. Bakintas replied they acknowledge the $75 dollar minimum; not that amount specifically; those Homeowners Association (HOA) documents will be drafted during the platting phase. John Gonzales spoke on behalf of his mother, Dolores Gonzales, 6408 Bordeaux Park, property owner in Rosewood Villas, stated being in favor of the rezoning request. Nelson Thibodeaux, 5612 Coventry Court, he stated being in opposition to the rezoning request. He stated this property has not lost its commercial potential. He stated wanting the Commissioners to consider the commercial aspect of this property. Ann Rodgers, 725 Arcady, Rosewood Villas residence, spoke in favor of the rezoning request and stated open spaces to kick soccer balls are not something she would be interested in doing. She stated not wanting commercial next to her property to keep the value of her neighborhood, not backing into commercial property. Linda Baker, 4900 Behrens Road, spoke in opposition to the rezoning request. She stated the CC-2 zoning was approved by city council as a transitional area from residential to commercial. She stated the potential owners in Rosewood Villas were made aware of the potential commercial property to neighbor Rosewood Villas. She stated wanting to preserve the commercial potential in this area. She stated empty nesters next to the elementary school would not be a good mix. The master plan was approved with this property being commercial. Larry Allen, 6420 Bordeaux, stated not really for or against the residential or commercial aspect, however, he stated he moved to this area to enjoy the smaller yard and amenities as an empty nester. Mr. Allen stated being in favor of the residential aspect next to the elementary school instead of commercial. There being no one wishing to speak, the public hearing was closed at 7:50 p.m. Commissioner Duffy stated not being in favor of this rezoning request because of drainage issues, lot density, and open space not meeting the percentage or accessible requirements and the loss of sales tax base. Commissioner Byerly concurred with Commissioner Duffy and stated the Rosewood Villas property owners were on notice regarding this property could potentially be commercial. Commissioner Dudziak made motion to deny case Z-05-013. Commissioner Duffy seconded. The motion to deny was approved by the following vote: Aye: McCormick, Dudziak, Bartkowski, Blassingame, Duffy and Byerly Nay: None STAFF REPORTS Barry LeBaron reminded the Commissioners about the workshop scheduled for Planning & Zoning Commission Minutes - November 28, 2005 Page 4 of6 December 5,2005 at 6:30 p.m. He told them the agendas will be sent out this week. COMMISSIONER COMMENTS None ADJOURNMENT The Commission adjourned the meeting at 8:02 p.m. by acclamation. Respectfully Submitted, Amy Shelley Planning and Zoning Assistant Approved on: December 12, 2005 Planning & Zoning Commission Minutes - November 28, 2005 Page 5of6