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HomeMy WebLinkAboutPlanning and Zoning Commission-Minutes-7/24/2006~;.- '~ City of Colleyville ~,r$~~: ` Minutes -Final ,~~:, 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 City of Colleyville Page 1 Printed on 5/2/2007 Planning and Zoning Commission Minutes -Final June 26, 2006 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 City of Colleyville Page 2 Printed on 5/2/2007 Planning and Zoning Commission Minutes -Final June 26, 2006 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 City of Col/eyville Page 3 Printed on 5/2/2007 Planning and Zoning Commission Minutes -Final June 26, 2006 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. City of Colleyville Page 4 Printed on 5/2/2007 Planning and Zoning Commission Minutes -Final June 26, 2006 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. City of Co/leyville Page 5 Printed on 5/2/2007 Planning and Zoning Commission Minutes -Final June 26, 2006 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. City of Colleyville Page 6 Printed on 5/2/2007 Planning and Zoning Commission Minutes -Final June 26, 2006 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 City of Colleyville Page 7 Printed on 5/2/2007 Planning and Zoning Commission Minutes -Final June 26, 2006 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. City of Colleyville Page 8 Printed on 5/2/2007 Planning and Zoning Commission Minutes -Final June 26, 2006 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 City of Col/eyville Page 9 Printed on 5/2/2007 Planning and Zoning Commission Minutes -Final 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 City of Colleyville Page 10 Printed on 5/2/2007 Planning and Zoning Commission Minutes -Final June 26, 2006 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. City of Colleyville Page 11 Printed on X2/2007