HomeMy WebLinkAboutPlanning and Zoning Commission-Minutes-7/24/2006~;.- '~ City of Colleyville
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Minutes -Final
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Planning and Zoning Commission
100 Main Street
Colleyville, Texas 76034
(817) 503-1000
www.colleyville.com
Monday, June 26, 2006
7:30 PM
City Council Chambers
6:15 P.M. -PRE-COMMISSION WORKSHOP
EXECUTIVE CONFERENCE ROOM
THIRD FLOOR
LEGAL BRIEFING BY CITY ATTORNEY REGARDING PLANING, ZONING,
PLATTING, AND LAND USE
REVIEW OF REGULAR AGENDA ITEMS
REGULAR MEETING
7:30 P.M.
1.
CALL TO ORDER
Chairman Byerly called the meeting to order at 7:55 P.M.
2. ROLL CALL
Present: Commissioners Robert McCormick, Dave Dudziak, Mary
Taylor, John Blassingame, Denis Duffy, Jeff Byerly
Absent: Thomas Bartkowski
3.
INVOCATION
The invoation was given by Commissioner Taylor
4.
5.
PLEDGE OF ALLEGIANCE
APPROVAL OF MINUTES
Commissioner Blassingame made correction in the 4th paragraph on
page 11, to change "appeals" to "appease".
Commissioner Duffy made correction on page 11, to remove the same
motion noted twice. On page 3, 5th paragraph, change the second
"only" to "one".
Commissioner Dudziak made correction on page 10, 3rd paragraph from
"Commissioner Dudziak questioned if the open space includes the
easement? Chris Fuller replied the tree preservation easement
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increases the open space to 22 percent" to "Commissioner Dudziak
questioned if the open space includes the easement? Chris Fuller
replied the open space is 18.5 percent if the tree preservation area is not
included, with the tree preservation area, the open space increases to 22
percent."
Commissioner Dudziak moved to approve the June 12, 2006
meeting minutes with corrections. Commissioner Duffy seconded.
The motion carried by the following vote:
Aye: 6 -McCormick, Dudziak, Taylor, Blassingame, Duffy, Byerly
Absent: 1 - Bartkowski
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6. CITIZEN COMMENTS REGARDING ITEMS NOT ON THE AGENDA
None
7. REGULAR AGENDA ITEMS
8. PUBLIC HEARING AGENDA ITEMS
8a Case P-06-031- PUBLIC HEARING -Final plat of Lots 29R-1 and
29R-2, Block 1 of the Wescoat Place Addition being a replat of Lot 29-R,
Block 1 of the Wescoat Place Addition
Chris Fuller presented the case and briefed the Commissioners.
Commissioner Byerly opened the public hearing at 8:05 PM.
There being no one wishing to speak, the public hearing was closed at
8:05 PM.
Commissioner Duffy moved to approve case P-06-031.
Commissioner Taylor seconded.
The motion carried by the following vote:
Aye: 6 -McCormick, Dudziak, Taylor, Blassingame, Duffy, Byerly
Absent: 1 - Bartkowski
8b Case Z-06-016 -PUBLIC HEARING -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.C. Newton Addition
Chris Fuller presented the case and briefed the Commissioners.
Commissioner Byerly questioned staff for clarity if those lots will face LD
Lockett? Chris Fuller replied the facing of those homes can be
determined at the time the building permits are issued. They could face
the interior street or LD Lockett.
Commissioner Duffy questioned staff regarding if the developer has
come in to discuss the drainage and where will the overflow be received?
He stated seeing lots of concrete and contours, but no plan for drainage.
City Engineer Robert Woods replied the developer has talked with us
briefly, however, the applicant may be able to give more information.
Commissioner Byerly opened the public hearing at 8:10 PM.
Dan Bryson, partner with the owner of the development, came forward to
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present the case and answer any questions the Commissioners had. He
stated having met with the Emerald Park Homeowners Association's
concerns.
Philip Robbins, 5907 Crescent Lane, stated he appreciated the fact that
the developer has worked with the neighbors. He stated having
concerns with the plan changing from what is being presented tonight.
David Ray, 5909 Sterling Drive, he stated he met with the developer and
saw the new lay out. He stated the developers did listen, however, how
can we be sure that the plan will not change? He stated he would prefer
a Planned Unit Development Residential so that the plan could be final.
He stated he would support the development as long as the plan
submitted was followed, but not if it changes.
Marty Stajduhar, owner of 816 W. LD Lockett, had hoped for a
transitional zone, he stated liking the R20 or R30 development. He
stated wanting the developers and builders to be held accountable for
what is promised.
Ken Damron, 5830 Crescent Lane, within 200 feet of the proposed
subdivision, stated he has met with the developer and feels confident in
these people. He stated supporting this idea, if the plat will stay as
submitted.
There being no one wishing to speak, the public hearing was closed at
8:20 PM.
Commissioner Byerly questioned staff regarding if the developer should
come forth with a prelimianry plat to be able to stick with the plan as
submitted, other than changing to a PUD? Chris Fuller replied that being
the only option.
Commissioner Duffy questioned staff if the homes would have to
sprinkled because of the fire access? Barry LeBaron replied this being
too early to detemine that, staff has not looked at it from a technical
stand point, that is a platting issue. Commissioner Duffy questioned staff
for clarity, if the residential buffer is Emerald Park on LD Lockett? Barry
LeBaron stated the term trasition, as described in the Master Plan, is any
area between R20, half acre lot, with a density of 1.8 units per acre, as
recommeded, anything higher than that would be considered a
transitional area, as Emerald Park.
Commissioner Byerly questioned Mr. Stajduhar, for clarity, if he does not
want the transition area from his lot to smaller lot sizes? Mr. Stajduhar
replied the R20 is fine, stick to that, but do not make the lots any smaller.
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Commissioner Duffy stated to Mr. Stajduhar that there is no way we can
hold this developer to the drawing presented, becasue it is straight
zoning. Mr. Stajduhar replied he did understand that and like some of
the other neighbors here tonight, they want, some way, to be able to hold
the developer accountable for the plan as submitted.
Commissioner Taylor questioned Mr. Bryson if he is part of the
development group that owns the land to the east? Mr. Bryson replied
yes. Commissioner Taylor questioned Mr. Bryson if he intends to
develop this as one piece? Mr. Bryson replied yes, just as shown on the
plan. Commissioner Taylor questioned Mr. Bryson if he has bought any
other land in this area? Mr. Bryson replied he only owns the 20.15
acres. Commisisoner Taylor questioned Mr. Bryson if he intends to buy
any more property? Mr. Bryson replied no, we have enough land.
Commissioner Byerly questioned Mr. Bryson, if the Commission tables
this case, could he then bring forth a preliminary plat to be able to stick
to this design? Mr. Bryson replied yes, he could bring forth a preliminary
plat, he has no intention on doing anything other than what is being
presented.
Commissioner Dudziak questioned Mr. Bryson, if he did bring forth a
PUD, are there any plans to put in a fancy entry way to this development
on both ends? Mr. Bryson replied they are planning an elaborate entry
way, however, he stated not having the plans all put together yet. He
stated not being aware that those were required for the zoning process.
Commissioner Dudziak stated the plans were not required as part of
zoning.
Commissioner Byerly stated he would support this, but only if a
preliminary plat is brought forth at the same time as zoning.
Commissioner Byerly questioned Mr. Bryson how long would it take to
bring forth a preliminary plat to staff? Mr. Bryson replied about 2 weeks.
Commissioner Dudziak questioned Mr. Bryson for clarity if the plat would
be ready for staff in two weeks or for the Commission? Mr. Bryson
replied to staff in two weeks. Barry LeBaron stated it would go on the
July 24th agenda. Commissioner Dudziak questioned Mr. Bryson if he
could wait that long? Mr. Bryson replied it will cost him more money.
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Commissioner Byerly moved to table case Z-06-016 to the July 24,
2006 meeting. Commissioner Taylor seconded.
The motion carried by the following vote:
Aye: 6 -McCormick, Dudziak, Taylor, Blassingame, Duffy, Byerly
Absent: 1 - Bartkowski
9. TABLED AGENDA ITEMS
9a Case G-06-015 - PUBLIC HEARING -Consider amending the Master
Thoroughfare Plan to change the classification of Sanders Lane, Wyatt
Drive and Industrial Boulevard from atwo-lane minor collector roadway
to a two-lane local street
Commissioner Byerly recused himself from this item and Commissioner
Duffy took over as Chair.
Commissioner Taylor moved to remove case G-06-015 from the
table. Commissioner Dudziak seconded.
The motion carried by the following vote:
Aye: 5 -McCormick, Dudziak, Taylor, Blassingame, Duffy
Absent: 1 - Bartkowski
Abstain: 1 -Byerly
Case G-06-015 was heard with case Z-06-012.
9b Approval of a Zoning Change from AG-Agricultural to PUDR-Planned
Unit Residential on 19.78 acres out of the J.L. Byas Survey located in
the 1600 block of Sanders Lane, Case Z-06-012
Commissioner Byerly recused himself from this agenda item and
Commissioner Duffy took over as Chair.
Commissioner Blassingame moved to remove case Z-06-012 from the
table. Commissioner McCormick seconded.
The motion carried by the following vote:
Aye: 5 -McCormick, Dudziak, Taylor, Blassingame, Duffy
Absent: 1 - Bartkowski
Abstain: 1 -Byerly
Commissioner Duffy opened the public hearing on both cases G-06-015
and Z-06-012 at 8:33 p.m.
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Chris Fuller updated the Commissioners regarding this agenda item
regarding two letters being recended from opposition pending the
requested changes that the applicant has agreed. Those changes will
be reflected in the ordinance.
Curtis Young, with Sage Group, the developer, came forth to brief the
Commissioners and present the rezoning request.
Jeff Avery, the builder, came forth to brief the Commissioners and
present the rezoning request.
Keith Neill, 2000 Reynolds Drive, concerned with making Wyatt Drive a
two lane road, what purpose would making that road into a two lane road
in an industrial area serve? Commissioner Duffy stated Wyatt Drive will
not be effected by this development. Mr. Neill stated being opposed to
changing Wyatt Drive to a two lane road.
Paul Johnson, 6403 Meade Drive, stated being in support of residential,
but not in support to changing Wyatt Drive into a two road.
Nancy Johnson, 6403 Meade Drive, stated being in favor of this
proposal, good use for this land. She stated being concerned with what
will happen to Wyatt Drive, doing anything more with Wyatt Drive will
increase the traffic.
Commissioner Duffy questioned staff regarding what will be done with
Wyatt Drive? Barry LeBaron replied in the future, the city would like to
see Wyatt Drive, Sanders Lane and Industrial a 75 foot right of way.
Meaning, as properties develop along that route, additional right of way
would be added to create a minor collector street, a wide paving section.
With the widening of SH26, there would be a traffic light at Sanders and
Tinker. Wyatt Drive was at one time being considered to be done away
with, however, the residents of Ross Downs did not want it to be
removed. The proposed zoning case would not allow Sanders to be an
open loop. Traffic would function just like it does now on Sanders.
Michele Valdez, 6503 Meade Drive, a Ross Downs resident, stated
having concerns with the traffic and stated this development is
something that Colleyville needs. She stated fully supporting this plan.
Her husband, Gary Kennedy had to leave, but he would have spoken in
favor of this rezoning request.
Robert Flynn, 7005 Whipperwill Court, stated being in favor of this
project, this is an ideal place for this use, stated being in full support for
this project.
Scott Jostes, 6300 Wyatt Drive, spoke in regards to 9a first, there is
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heavy traffic cutting through from Broughton. He stated in 2001, there
should have been an emergency access gate installed, but to now, has
not. In regards to 9b, this would be a good use for this land. He stated
the project being very well planned and he stated he would like to see
this project voted upon tonight.
Dave McCormack, 6407 Meade Drive, spoke in favor of the residential
proposal but spoke in opposition to the changing of Wyatt Drive.
There being no one wishing to speak, the public hearing was closed at
9:20 PM.
Commissioner Duffy questioned Mr. Young regarding if the proposed
streets are going to be gated? Will all of the streets be to city specs?
Mr. Young replied yes, the streets will be constructed to city specs. As
far as the gating of the development, he stated they will be looking at
that during the platting stages.
Commissioner Taylor stated liking the changes which have satisfied a lot
of her questions.
Commissioner Dudziak stated liking the changes, yet still having
questions regarding commercial use for this property. He questioned Mr.
Avery regarding, if commercial was ever considered for this property
since it is zoned commercial? Mr. Avery stated he originally wanted to
put his personal home at the end of Sanders Lane, however, found out
at great detail, the property was master planned to be commercial. He
stated he then built in Riverwalk because the property on Sanders was
not going to be easily converted to residential. He stated the best use of
the property is residential and to be able to control the whole piece by
developing into residential, commercial would not work on these
properties. Commissioner Dudziak questioned Mr. Avery regarding the
commercial liability, did you consider the SH26 redevelopment and how
that would effect the commercial? Mr. Avery stated discussing with other
property owners that this would not be a prime commercial piece
because it did not front Colleyville Boulevard, it would always be hidden
and it would be a disadvantage to commercial. Commissioner Dudziak
stated understanding the exposure on SH26, but still having a concern,
that in the long term, this is still a commercial piece of property. Mr.
Avery stated this not a viable piece of commercial property, but because
he can not see in the future, it is an unknown.
Commissioner Taylor questioned Mr. Avery, in the long term, could you
see purchasing the property fronting on Colleyville Boulevard to make
office buildings? Mr. Avery stated inquiring about the properties, but he
would have to investigate that at some point possibly.
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Commissioner Blassingame moved to approve case Z-06-012 with the
recommendations made by Mr. Bagwell and accepted by the developer.
Commissioner Taylor seconded.
The motion failed by the following vote:
Aye: 3 -Taylor, Blassingame, Duffy
Nay: 2 -McCormick, Dudziak
Absent: 1 - Bartkowski
Abstain: 1 - Byerly
The motion failed due to lack of four affirmative votes.
Commissioner McCormick commented wanting larger lots, bigger homes
with less density, which would be more in line with the Master Plan. He
stated not supporting this project in the middle of town.
Commissioner Dudziak commented he still anticipates changes for this
corridor and stated not wanting to eliminate this as a commercial site.
Discussion was held between staff and Commissioners regarding what
the possibilities might be to hold a special meeting before the next
regular scheduled meeting to get the needed votes for either approval or
denial.
Mr. Young made comments to the Commissioner's questions regarding
the viability for this property. He stated this will not be prime commercial
property and it will not stay undeveloped. It will either be a high quality
development like presented tonight or it will be piece milled.
Mr. Avery commented that if this were to go commercial, the citizens in
Broughton will not support it.
Commissioner Dudziak stated the Ross Downs residents, as well as I,
use Wyatt Drive as a cut through to get to Ross Downs. He stated this is
for future Council members and Commissioners to make this decision as
to whether or not this is to be commercial. The Master Plan was
approved and commercial is what the Master Plan suggests. He stated
he respects the presented project but still thinks commercial will be there
as the Master Plan pledges.
Mr. Avery questioned Commissioner McCormick if the residential use if
what he sees for this area? Commissioner McCormick replied the
residential use is good for this land, but not at this density.
Commissioner Blassingame questioned staff if a meeting outside of the
normal scheduled meetings is possible? Barry LeBaron replied a special
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June 26, 2006
meeting can be held.
City Attorney Matthew Boyle stated a special meeting can be called at
the request of the Chair.
Commissioner McCormick made motion to deny case Z-06-012.
The motion failed for lack of second.
Commissioner Duffy adjourned the meeting at 10:00 PM.
Commissioner Duffy called the meeting back to order at 10:05 PM.
Commissioner Duffy moved to approve case G-06-015.
Commissioner Blassingame seconded.
The motion carried by the following vote:
Aye: 5 -McCormick, Dudziak, Taylor, Blassingame, Duffy
Absent: 1 -Bartkowski
Abstain: 1 -Byerly
Commissioner Blassingame moved to table case Z-06-012 until a
special meeting can be called by the Chair. Commissioner Taylor
seconded.
The motion carried by the following vote:
Aye: 4 -Dudziak, Taylor, Blassingame, Duffy
Nay: 1 -McCormick
Absent: 1 -Bartkowski
Abstain: 1 -Byerly
9c Case G-06-017 -PUBLIC HEARING -Request by Grapevine-Colleyville
Independent School District for a waiver request of the tree mitigation
requirements in the Land Development Code for Colleyville Elementary
School, located in the 5900 block of Pleasant Run Road
This item was removed from the applicant as stated in the letter
dated June 21, 2006
10. STAFF COMMENTS, REPORTS AND DISCUSSION ITEMS
Barry LeBaron told the Commissioners that the last item has been
removed from the agenda per the applicant's request. They are going to
be submitting a new landscaping plan.
Commissioner Blassingame questioned staff if Commissioner Duffy
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would have to call the special meeting since Commissioner Byerly
recused himself from item 9b? Attorney Boyle replied Commissioner
DufFy will be acting as the chair and will call the meeting.
11. COMMISSIONERS' COMMENTS AND REPORTS
Commissioner Byerly commented that the public hearing items are listed
on the notice as public hearings, yet the public hearing was not
reopened. Attorney Boyle replied we will be working on adjusting the
manner the agendas are posted in the future.
12. ADJOURNMENT:
The commission adjourned the meeting at 10:11 PM by
acclamation.
Amy Shelley, Planning and Zoning Assistant
Meeting minutes approved on July 10, 2006 by acclamation.
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