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HomeMy WebLinkAboutPlanning and Zoning Commission-Minutes-2/13/2006 .~ Texas PLANNING AND ZONING COMMISSION MEETING MINUTES - February 13, 2006 CALL TO ORDER Chairman Byerly called the meeting to order at 7:18 p.m. INVOCATION Present: Commissioners, Dave Dudziak, Thomas Bartkowski, Mary Taylor, Denis Duffy and Jeff Byerly Absent: Robert McCormick and John Blassingame Barry LeBaron, Chris Fuller, Amy Shelley, and Jeff Jones from staff were present. The invocation was given by Commissioner Duffy ROLL CALL PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES Commissioner Dudziak moved to approve the January 9, 2006 meeting minutes as written. Commissioner Duffy seconded. The motion was approved by the following vote: Aye: Dudziak, Bartkowski, Taylor, Duffy and Byerly Nay: None CITIZEN COMMENTS REGARDING ITEMS NOT ON THE AGENDA None REGULAR AGENDA ITEMS 1. Case P-06-008 - Final Plat of Lots 1 and 2, Block 1 of the Starbucks Addition Barry LeBaron presented the case and briefed the Commissioners. Commissioner Byerly made motion to approve case P-06-008. Commissioner Duffy seconded. The motion was approved by the following vote: Aye: Dudziak, Bartkowski, Taylor, Duffy, Byerly Nay: None PUBLIC HEARING AGENDA ITEMS 2. Case P-06-003- PUBLIC HEARING - Final Plat of Lots 1 R1 and 5-9, Block 1 of the Town Center Colleyville Phase I, being a Replat of Lot 1 R, Block 1 of the Town Center Colleyville Phase I Addition Chris Fuller presented the case and briefed the Commissioners. Commissioner Byerly opened the public hearing at 7:12 P.M. There being no one wishing to speak, the public hearing was closed at 7:12 P.M. Planning & Zoning Commission Minutes - February 13, 2006 Page 1 of 6 Commissioner Duffy stated having concerns with whether or not tree preservation is taking place on this property. Commissioner Dudziak made motion to approve case P-06-003. Commissioner Taylor seconded. Commissioner Dudziak stating the large trees in Colleyville should be preserved. The motion was approved by the following vote: Aye: Dudziak, Bartkowski, Taylor, Duffy, Byerly Nay: None 3. Case P-06-006 - PUBLIC HEARING - Replat of .92 acres on Lot 7, Block 2 of the Towne Square Addition, located at 1209 Hall Johnson Road Chris Fuller presented the case and briefed the Commissioners. Commissioner Duffy questioned staff regarding the access to the property, is it off of Bogart? Is the parking on site? Chris Fuller replied correct to both. Commissioner Byerly opened the public hearing at 7:15 P.M. There being no one wishing to speak, the public hearing was closed at 7:15 P.M. Commissioner Duffy made motion to approve case P-06-006. Commissioner Bartkowski seconded. The motion was approved by the following vote: Aye: Dudziak, Bartkowski, Taylor, Duffy, Byerly Nay: None TABLED AGENDA ITEMS 4. Case Z-06-001 - Request for a zoning change from CC1 Village Retail and AG Agricultural to PUD-R Planned Unit Development Residential on 22.9 acres out of the G. Minter Survey located northwest of Heritage Avenue and Glade Road Commissioner Byerly recused himself from this case. Barry LeBaron presented the case and briefed the Commissioners. Commissioner Taylor made motion to remove this item from the table. Commissioner Dudziak seconded. The motion was approved by the following vote: Aye: Dudziak, Bartkowski, Taylor, Duffy Nay: None Commissioner Duffy opened the public hearing at 7:20 P.M. Ted Scribner, 5201 Roberts Road, spoke in opposition to the rezoning request. Gary Lecocq, 5113 Roberts Road, spoke in opposition to the rezoning request. Ben Goodrum, 3800 Glade Road, spoke in favor of the rezoning request. Planning & Zoning Commission Minutes - February 13, 2006 Page 2of6 Lauren Huddleston, 4712 Prestwick Drive, spoke in opposition to the rezoning request. Serge Goldberg, Caden Custom Homes; with a model home at 5008 Auburndale Avenue in Colleyville, spoke in favor of the rezoning request. John Pracar, 5207 Roberts Road, spoke in opposition to the rezoning request. Mark Jones, 3604 Wexford Court, spoke in favor of the rezoning request. Greg Puklicz, 5105 Auburndale, Heritage Glen resident, with Mady Development, spoke in favor of the rezoning request. Ron Rickman, 3604 Cotswold Court, spoke in favor of the rezoning request. Jennifer Limosnero, business located at 5110 Heritage Avenue, spoke in favor of the rezoning request. Lilla Bench, 3810 Glade Road, spoke in favor of the rezoning request. Mimi Byerly, 7109 Pebble Hill, spoke in favor of the rezoning request. Terry Hanson, 4904 Prestwick Drive, spoke in favor of the rezoning request. Dora Grider, 3605 Laurens Place, spoke in favor of the rezoning request. Curtis Young, 8003 Jefferson Circle, with Mady Development briefed the Commissioners regarding the rezoning request with a presentation. There being no one wishing to speak, the public hearing closed at 8:35 P.M. Commissioner Bartkowski questioned Mr. Young regarding the traffic study, table five shows the existing capacity, but on table seven the numbers decrease; can you explain why the decrease? Jody Short, Lee Engineering, 3030 LBJ Freeway, the Traffic Engineer for Mady Development replied when looking out to the future capacity for traffic entries, the volume amount will spread because of the developments. Commissioner Bartkowski questioned if the configuration of the intersection will change? Mr. Short replied no, the intersection will stay the same. Commissioner Bartkowski stated being concerned for the differences in the am and pm traffic increase and decrease. Mr. Short stated he would have to look into the traffic analysis to see what is accounting for those numbers. Commissioner Duffy questioned Mr. Short regarding the removal of the median; the southern entrance would be a right hand turn only coming out of the subdivision, how will that be controlled? Mr. Short replied the entrance will actually be south of Gateway, and the entrance will be along a solid median. Mr. Short stated the current configuration will allow left turns in and out of driveway "A". However, driveway "B" to the south has the solid median which will only allow right in and right out. Commissioner Duffy questioned Mr. Short if any thought had been considered regarding driveway "A", so that when going north on Heritage, there would be a concrete median directing traffic in, but not letting traffic cross all the way across? Mr. Short replied it had not been considered. Commissioner Duffy stated wanting the city engineers to get with Mr. Short to discuss alternatives. Planning & Zoning Commission Minutes - February 13, 2006 Page 30f6 Commissioner Taylor questioned Ron Rickman and Dora Grider regarding if they would purchase one of the town homes even with the two car garage? Both replied yes. Commissioner Duffy questioned Mr. Young regarding if the open space, will be wet ponds or retention/detention ponds? The pond off of Heritage is intended to be a wet pond with a beautiful fountain. The area past will be mostly dry with grass, but when raining really hard, it will fill with storm water. The open areas in the median of the road are used for purposes of moving the excess water. In the south western corner of the property, there will be a dry detention pond, only a trickle channel will occur when needed to move water. Commissioner Duffy questioned Mr. Young regarding why the streets do not meet Colleyville standards, 24 feet curb to curb? Mr. Young stated there is inset parking; in some areas it will be as wide as 38 feet. Mr. Young stated having met with the Fire Marshal in regards to the fire lanes. Commissioner Duffy questioned Mr. Young for clarity; all of the other City standards will be met? Mr. Young replied correct. Commissioner Duffy questioned Mr. Young if the removal of the Heritage median would be at Mady Development's expense? Mr. Young replied yes. Commissioner Duffy questioned Mr. Young regarding the nest of buildings, some are 7 units, some are 6 units, after having discussed the density, have you considered removing two of those units, reducing the seven units to five units etc.? Mr. Young replied there are some units that have three or four units in this development. The arrangements of the buildings were placed considering where the trees are located. Mr. Young replied some could be split into smaller units, there would have to be additional planning, but it could be considered. Commissioner Taylor questioned Mr. Young regarding if any trees or landscape lining could be put for those residents along Roberts Road on the west side? Mr. Young replied yes, a screening fence, possibly eight feet with a 20 foot landscape buffer with high quality trees. We have tried to be sensitive to the adjacent properties. Commissioner Dudziak questioned Mr. Young regarding what type of fencing would be used? Mr. Young replied a wooden fence with top rail and steel poles in concrete. Commissioner Dudziak stated having issues with the higher density, but there is not enough frontages for commercial. Commissioner Dudziak questioned Mr. Young regarding could you consider placing some commercial use along Glade and Heritage to continue with the commercial development that is already in place? Mr. Young stated they did consider the commercial; however, after having talked with some of the neighbors, there were concerns with additional traffic as opposed to residential. Commissioner Taylor made motion to approve case Z-06-001 with changes: buffer on west side at least eight foot, concrete with landscaping and the east side, by the entrance, having the seven units in a row, broken down into four and three unit buildings. Commissioner Bartkowski friendly amendment to change the concrete wall to a natural stone or brick for west side, and seconded. Commissioner Duffy stated Planning & Zoning Commission Minutes - February 13, 2006 Page 4 0'6 break up the seven units on the west side next to Walgreens into no more than six units. Commissioner Taylor retracted her motion regarding the east side units being broken down into four and three units, they are already broken by a walk way. Commissioner Dudziak stated wanting a friendly amendment to add commercial along Heritage. Commissioner Taylor replied this neighborhood would not be conducive to commercial. Commissioner Dudziak stated wanting a motion to amend, property between the dentist office and Walgreen's to commercial with a depth between 200 and 250 feet. Commissioner Bartkowski seconded. The motion to amend was denied by the following vote: Aye: Dudziak, Bartkowski Nay: Taylor, Duffy Commissioner Duffy stated the main motion stood. The main motion being: construction of an eight foot tall masonry or stone screening wall along the entire length of the western boundary line and landscaping, approved by staff, along the proposed western buffer area. The proposed seven-unit building on the east side of the development to be a four unit building and a three unit building with a walkway between the two buildings. The proposed seven-unit building on the west side of the development to be a six unit building. The motion was approved by the following vote: Aye: Bartkowski, Taylor, Dudziak, Duffy Nay: None 5. Case G-06-001- Amendment to the Land Development Code to add Chapter 3.1, Oil and Gas Drilling Regulations Commissioner Bartkowski made motion to remove this item from the table. Commissioner Byerly seconded. The motion was approved by the following vote: Aye: Dudziak, Bartkowski, Taylor, Duffy, Byerly Nay: None Chris Fuller presented the case and briefed the Commissioners. Commissioner Duffy questioned staff regarding the requirement for a Special Use Permit on a case by case basis, what does this mean? Chris Fuller replied each circumstance would be looked upon and given certain restrictions. Commissioner Byerly questioned staff if the Special Use Permit could have other restrictions other than what is placed in the guidelines? Chris Fuller replied correct, the Commission could place more restrictive guidelines for each Special Use Permit. Barry LeBaron stated staff did the research and modeled this permit with other cities surrounding Colleyville, but some other cities have more open space than we do. Because a Special Use Permit would be required, the Commission can make adjustments as necessary. Planning & Zoning Commission Minutes - February 13, 2006 Page 50f6 Commissioner Dudziak questioned staff regarding the plugging and abandoning of old wells, will the wells be plugged? Chris Fuller replied the Texas Railroad Commission has precedence over the plugging or abandoning of wells, however, the Planning and Zoning Commission can put certain guidelines or restrictions in the Special Use Permit regarding the wells. Commissioner Dudziak replied the language in the ordinance needs to reflect the wells need to be plugged. City Attorney Matthew Boyle stated the Texas Railroad Commission's rules and regulations would prevail unless the Planning and Zoning Commission came up with their own specific language. Commissioner Dudziak stated the Texas Railroad Commission has a history of spotty enforcement. Commissioner Dudziak questioned staff regarding the hours of operation, will the hours be 24 hours a day, seven days a week? Chris Fuller replied the wells can be fractured during those hours. Commissioner Dudziak made motion to approve case G-06-001. Commissioner Bartkowski seconded. The motion was approved by the following vote: Aye: Dudziak, Bartkowski, Taylor, Duffy, Byerly Nay: None STAFF REPORTS Barry LeBaron reminded the Commissioners regarding the mandatory training on February 22, 2006 at 5:30 to 9:30 located at the Colleyville Center. He reminded the Commissioners about the February 28, 2006 Boards and Commissions meeting as well. COMMISSIONER COMMENTS ADJOURNMENT The Commission adjourned the meeting at 9:45 p.m. by acclamation. Respectfully Submitted, Amy Shelley Planning and Zoning Assistant Approved on: February 27,2006 Planning & Zoning Commission Minutes - February 13, 2006 Page 60f6 -"-~---~~._.-~,---",-"_.._-~_.-._._..".._..,..- -"...----.-.."'......- .._---