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HomeMy WebLinkAboutPlanning and Zoning Commission-Minutes-7/24/2006 (2) City of Colleyville Minutes - Final Planning and Zoning Commission 100 Main Street Colleyville, Texas 76034 (817) 503-1000 www.colleyville.com Monday, July 24, 2006 7:00 PM City Council Chambers 6:15 P.M. - PRE-COMMISSION WORKSHOP EXECUTIVE CONFERENCE ROOM THIRD FLOOR LEGAL BRIEFING BY CITY ATTORNEY REGARDING PLANNING, ZONING, PLATTING, AND LAND USE REVIEW OF REGULAR AGENDA ITEMS REGULAR MEETING 7:00 P.M. 1. CALL TO ORDER The Planning and Zoning Commission meeting of the City of Colleyville was called to order by Chairman Byerly on July 24,2006, at 7:00 P.M. 2. ROLL CALL Present: Commissioners Dave Dudziak, Thomas Bartkowski, Mary Taylor, John Blassingame, Denis Duffy, Jeff Byerly Absent: Commissioner Robert McCormick 3. INVOCATION The invocation was given by Commissioner Duffy. 4. PLEDGE OF ALLEGIANCE 5. APPROVAL OF MINUTES Commissioner Bartkowski moved to approve the July 10, 2006 meeting minutes as written. Commissioner Dudziak seconded. The motion carried by the following vote: Aye: 6 - Dudziak, Bartkowski, Taylor, Blassingame, Duffy, Byerly Absent: 1 - McCormick 6. CITIZEN COMMENTS REGARDING ITEMS NOT ON THE AGENDA None City of Colleyville Page 1 Printed on 8/15/2006 Planning and Zoning Commission Minutes - Final July 24, 2006 7. REGULAR AGENDA ITEMS 7a Approval of a Preliminary Plat for Lots 1-8, Block 1, Lots 1-8, Block 2, Lots 1-9, Block 3, Lots 1-7, Slack 4 of the Lavaca Trail Estates Addition on 20.09 acres located at 909 and 1009 Lavaca Trail and 908 L.D. Lockett Road, ease P-06-038 Commissioner Byerly explained to the audience and the Commission that this item is related to the tabled agenda item 9a, (Note: This plat was approved after zoning case Z-06-016 was approved.) Commissioner Byerly moved to remove case Z-06-016 from the tabled item to be discussed with case P-06-038. Commissioner Bartkowski seconded. The motion carried by the following vote: Aye: 6 - Dudziak, Bartkowski, Taylor, Blassingame, Duffy, Byerly Absent: 1 - McCormick Chris Fuller presented case P-06-038 and Z-06-016 and briefed the Commissioners. He stated a separate vote would be needed for each case, Commissioner Duffy questioned staff regarding if the Commission could discuss both cases at the same time? City Attorney replied both can be heard at the same time, however, a separate vote will be needed for both cases. The zoning case will need a vote first, Commissioner Duffy stated having several questions regarding the preliminary plat, He questioned staff regarding if the access lots on the cul-de-sac will require a waiver? Chris Fuller replied they will not need a waiver because the developer has agreed to add the street stub to the east for future connectivity and to eliminate cul-de-sac in excess of 12 lots, Commissioner Duffy questioned staff regarding if the off site drainage easement minimum of 15-feet wide has been met? Chris Fuller replied this requirement will be met at the final plat stages, not during the preliminary plat. Commissioner Duffy stated the final plat will not be seen unless the drainage easement is met. Chris Fuller replied correct. Barry LeBaron discussed the reason why that requirement will be met at the final plat. It would not be right to make a developer buy those off site easements if the preliminary plat did not get approved. Commissioner Duffy questioned what is the city's position on opening gated communities? Fire Marshal McKeown replied this access gate will have a 24 wide easement with a 14 foot vertical clearance, This access gate can be locked with pins in the ground with a Knox pad lock on it. This requires having the key in hand to manually open the gate. This development can meet the code by doing the gate this way, however, he stated having asked the developer to install a controlled access gate. A controlled access gate has an electric meter with a Knox box override and a battery back-up in case of a power outage. Commissioner Duffy questioned Fire Marshal McKeown if the developer has agreed to do so? Fire Marshal McKeown replied they have agreed to do so verbally. Commissioner Duffy questioned if this will be written on the final plat? Fire Marshal McKeown replied he would like for them to do so, Commissioner Duffy questioned the City Attorney regarding if those specific City of Colleyville Page 2 Printed on 8/15/2006 Planning and Zoning Commission Minutes - Final July 24, 2006 requirements could be put on the final plat? City Attorney replied there could not be any specific requirements if the plat meets the code. Commissioner Duffy questioned staff regarding at what time does the City have enforcement over the builders or developers regarding the tree preservation? Chris Fuller replied the developer has provided a tree survey and typically at the time of lot grading, the developer is required to do the mitigation or preservation of the trees before the home builders take over the lots. Commissioner Duffy questioned staff regarding if the City could go to several people regarding the violation of tree preservation, if any has taken place? Chris Fuller replied correct. Commissioner Duffy stated not having seen a homeowner's agreement regarding the open space areas in a R20 zoning area only in PUDs, How will this function in this development for the open areas? Who will be responsible if the ponds go fowl? Chris Fuller replied if a Homeowner's Association is not indicated on the plat, someone will own that open space lot and will pay taxes on that lot and that person or entity will be notified in violation. Commissioner Duffy stated wanting the open areas to be maintained by someone and put on the plat as to who will be responsible. Commissioner Duffy questioned City Engineer Robert Woods regarding the placement of the detention ponds? Engineer Woods replied the detention ponds have been placed throughout the eastern property line of the development by using a closed pipe system. Engineer Woods replied there would not be an increase in the water flow than what is already in place. Dan Bryson, the developer, presented the case and briefed the Commissioners. He stated the Emerald Park Addition developer has approved of the preliminary plat being presented here tonight and he has provided the Commission with a letter of support. Commissioner Byerly questioned Mr. Bryson regarding if the Opticom gate will be installed? Mr. Bryson replied being willing to put what ever the Fire Marshal wants in place, Commissioner Duffy questioned Mr. Bryson regarding when will the homeowner's association be put in place? Mr, Bryson replied immediately, after the zoning and plats are approved. Commissioner Duffy questioned Mr. Bryson regarding the 65,000 pound weight accommodation in the two areas? Mr. Bryson replied his Engineer has not stated this being an issue. (Note: This plat was approved after zoning case Z-06-016 was approved.) Commissioner Byerly moved to approve case P-06-038. Commissioner Blassingame seconded. The motion carried by the following vote: Aye: 6. Dudziak, Bartkowski, Taylor, Blassingame, Duffy, Byerly Absent: 1 . McCormick 8. PUBLIC HEARING AGENDA ITEMS 8a Case P-06-036 - PUBLIC HEARING - Approval of a Final Plat on Lot A-1 and A-2, Block 3 of the Highland Acres Addition being a replat of Lot City of Colleyville Page 3 Printed on 8/15/2006 Planning and Zoning Commission Minutes. Final July 24, 2006 A, Block 3 of the Highland Acres Addition located at 413 Timberline Drive South Chris Fuller presented the case and briefed the Commissioners, Commissioner Duffy questioned staff regarding the inconsistencies of the layout of the charts. The 30 foot set back along Bransford Road for this property is not consistent with the Mormon Church across the street. He questioned if the right of way was not dedicated? Chris Fuller replied correct. Commissioner Duffy stated since the survey has been done on Bransford and the right of way is reasonable, it appears that Timberline South has a 50 foot set back now and the applicant is asking for 30 feet, why not the 50 foot to make it line up with that neighborhood? Barry LeBaron replied that set back is not required in that zoning district. He stated not knowing why those homes have a 50 foot set back for that zoning district. City Attorney stated the applicant is only required to comply with the zoning district requirements. Commissioner Duffy replied understanding what the code requires, however, he stated wanting to ask the applicant if the 50 foot set back would work for him. Commissioner Byerly opened the public hearing at 7:45 PM. The applicant was not present to answer the Commissioner's questions. There being no one wishing to speak, the public hearing was closed at 7:45 PM. Barry LeBaron explained to the Commissioners regarding the unique area for the set backs that are in place. Commissioner Byerly questioned if this plat will need to be approved by the City Council? Barry LeBaron replied no, this is a minor plat having less than four lots. Commissioner Duffy moved to approve case P-06-036. Commissioner Dudziak seconded. The motion carried by the following vote: Aye: 6 - Dudziak, Bartkowski, Taylor, Blassingame, Duffy, Byerly Absent: 1 - McCormick 9. TABLED AGENDA ITEMS 9a Approval of a request for a zoning change from AG-Agricultural and R40-Single Family Residential to R20-Single Family Residential on 20.15 acres on Lots 2 and 3, Block 1 of the Lavaca Trail Addition and Lot 1, Block 1 of the w.e. Newton Addition, ease Z-06-016 This item was removed from the table during the discussion of the agenda item 7a, case P-06-038, Commissioner Duffy stated this R20 zoning area will be the only lower density area east of the Emerald Park Addition. This will maintain the master plan. City of Co/leyville Page 4 Printed on 8/15/2006 Planning and Zoning Commission Minutes - Final July 24, 2006 Commissioner Byerly moved to approve case Z-06-016. Commissioner Taylor seconded. The motion carried by the following vote: Aye: 6. Dudziak, Bartkowski, Taylor, Blassingame, Duffy, Byerly Absent: 1 - McCormick 1 O. STAFF COMMENTS, REPORTS AND DISCUSSION ITEMS Barry LeBaron stated to the Commission that staff has been working on updating the Land Use Tables in Chapter 3 of the Land Development Code. He stated a workshop will be scheduled at some time in August, He stated Amy Shelley will get with all of you to determine when a time would work for everyone, He reminded everyone regarding the Planning Workshop on July 31, 2006. He stated letting Amy Shelley know if you wish to attend by tomorrow so that the reservations can be made. Commissioner Duffy questioned staff regarding who enforces the land uses? Barry LeBaron replied the Code Enforcement officer enforces the land uses and initially when a building permit is submitted, the land use is looked upon to see if they can build that particular building. Second, when using an existing structure, usually the certificate of occupancy will trigger the checking of the land use for the business, Commissioner Duffy questioned staff regarding what if a rental property is being used for a business? Barry LeBaron stated the certificate of occupancy again triggers the checking of the land use, but if a certificate is not issued, only would some one reporting a possible violation trigger the land use. 11. COMMISSIONERS' COMMENTS AND REPORTS 12. ADJOURNMENT: There being no further business before the Planning and Zoning Commission, Commissioner Byerly moved to adjourn at 7:35 P.M. Approved by acclamation. I hereby certify the above agenda was posted on the bulletin boards at City Hall on July 20, 2006 by 5:00 PM. Minutes approved on August 14, 2006 Amy Shelley, Planning and Zoning Assistant City of Colleyville Page 5 Printed on 8/15/2006