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HomeMy WebLinkAboutPlanning and Zoning Commission-Minutes-8/28/2006 City of Colleyville Minutes - Final Planning and Zoning Commission 100 Main Street Colleyville, Texas 76034 (817) 503-1000 www.colleyville.com Monday, August 28,2006 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 DISCUSS LAND USE TABLE MODIFICATIONS 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 August 28, 2006 at 7:05 p.m. 2. ROLL CALL Present: Commissioners Robert McCormick, Dave Dudziak, Thomas Bartkowski, Mary Taylor, John Blassingame, Denis Duffy, Jeff Byerly 3. INVOCATION The invocation was given by Commissioner Dudziak. 4. PLEDGE OF ALLEGIANCE 5. APPROVAL OF MINUTES Commissioner Taylor moved to approve the August 14, 2006 meeting minutes as written. Commissioner Dudziak seconded. The motion carried by the following vote: Aye: 7 - McCormick, Dudziak, Bartkowski, Taylor, Blassingame, Duffy, Byerly 6. CITIZEN COMMENTS REGARDING ITEMS NOT ON THE AGENDA None City of Colleyville Page 1 Printed on 9/26/2006 Planning and Zoning Commission Minutes - Final August 28, 2006 7. PUBLIC HEARING AGENDA ITEMS Commissioner Byerly stated to the audience that items 7b and 7c would be switched. 7a Case P-06-041 - PUBLIC HEARING - Final plat of Lots 1 and 2, Block 1 of the Waller Addition being a replat of Lot A 1 H, Block 2 of the Pleasant Oak Estates Addition located at 505 Leta Lane Chris Fuller presented the case and briefed the Commissioners. Commissioner Duffy questioned staff regarding if the tree preservation analysis has been completed? Chris Fuller replied that plan will be due at the time of lot clearing and grading and done on a lot by lot basis. Commissioner Byerly opened the public hearing at 7:12 p.rn. James Gray, the applicant, presented the case and briefed the Commissioners. He questioned staff how he is to plan for the sidewalks and trails since there are not any in the area? Barry LeBaron suggested to Mr. Gray to talk with the Engineering department since they may have you build or escrow the cash equivalent. He also stated applying for a waiver from the city council regarding the sidewalk or trail. There being no one wishing to speak, the public hearing was closed at 7:15 p.m. Commissioner Duffy questioned staff which will Mr. Gray do: build the sidewalk, ask for the waiver or escrow the funds? Barry LeBaron replied the requirement of the code states the applicant will have to build the sidewalk or escrow the funds. He stated the Engineering department may ask to escrow those funds if the street is not ready for sidewalks. Commissioner Bartkowski stated the right of way for the sidewalk would need to be dedicated on the plat, at this time. Barry LeBaron stated the right of way was dedicated on the original plat in the beginning, this is a replat subdividing the lot. He stated the waiver is not part of the plat being presented tonight. Commissioner Duffy questioned staff if the applicant is aware of his options? Mr. Gray stated he is not completely aware but he thinks he will ask the city council for a waiver. Mr. Gray questioned staff if the parkland dedication fees will also apply? Barry LeBaron replied yes, for the newly created lot. Mr. Gray questioned staff if there is an option for a waiver on that fee? Barry LeBaron replied not having seen one since he has been with the city. Commissioner Duffy stated being uncomfortable with this case since the applicant in not aware of some of the issues. He suggested tabling the case until the applicant has a further understanding of the issues. Commissioner Byerly stated the applicant does not have to accept this plat by not filing the plat. City Attorney concurred. Commissioner Duffy questioned staff regarding the parkland dedication fees and impact fees, when will those be paid? Barry LeBaron replied the plat will not be filed with the county until those fees are paid. If the applicant chooses not to file the plat, then those fees will not be paid. He also stated the sidewalk can be built once a structure is built on the property. City of Colleyville Page 2 Printed on 9/26/2006 Planning and Zoning Commission Minutes - Final August 28, 2006 Commissioner Byerly moved to approve case P-06-041. Commissioner Bartkowski seconded. The motion carried by the following vote: Aye: 5 - McCormick, Bartkowski, Taylor, Blassingame, Byerly Nay: 2 - Dudziak, Duffy 7b Case Z-06-019- PUBLIC HEARING - Request for a zoning change from R40-Single Family Residential to R20-Single Family Residential on 16.870 acres on Lot 1, Block 1 of the Lavaca Trail Addition, Lot 1, Block 1 of the Miller Addition, Lot 1, Block 1 of the Lancaster Hill Addition & Lot 1, Block 1 of the Giacomini Addition at 805 to 901 Lavaca Trail Commissioner Taylor recused herself from this agenda item. Chris Fuller presented the case and briefed the Commissioners. Commissioner Duffy questioned staff if the applicant has submitted any additional information regarding this request, maybe a plat? Chris Fuller replied the applicant has submitted a preliminary plat, however, it is not ready to move forward with the rezoning request. Commissioner Duffy questioned staff regarding if the applicant has responded to the Development Review Comments for the rezoning request? Chris Fuller replied no. Commissioner Byerly opened the public hearing at 7:30 p.m. Ron Shirley, the applicant, presented the case and briefed the Commissioners. Marty Stajduhar, 101 Williamsburg Court. stated being opposed to the rezoning request with concerns for the R20 density. Jeff Zimmerman, 501 Lavaca Trail, stated being opposed to the rezoning request with concerns for traffic and density. Tyrous Ingram, 400 Vintage Court, President of the Remington Park HOA, concurred with Mr. Zimmerman and stated being opposed to the density for this development with concerns for traffic and safety of the children. Bill Pacilio, 500 Lavaca Trail, concurred with the other speakers and stated having concerns with the traffic and safety for the children. He stated this area can be developed as it is zoned R40. Ed Peek, 507 Mustang Court in Remington Park, stated Lavaca Trail will be developed, but originally, Lavaca Trail was suppose to be blocked off at Remington Park. He questioned how is the city going to make sure the residents will not cut through the Remington Park addition? He stated there are a lot of children in this area. He stated the city should consider a plan for the additional traffic. Steve Martin, 813 W. Lavaca Trail, stated he is one of the property owners that is trying to sell his property to this developer. He stated being in support of the development. Nan Martin, 813 Lavaca Trail, concurred with her husband, Steve Martin and stated she is not interested in keeping the country feel. City of Colleyville Page 3 Printed on 9/26/2006 Planning and Zoning Commission Minutes - Final August 28, 2006 Chad Perry, 1633 Willis Lane, Keller, son in law of Steve and Nan Martin, stated being supportive of the development. Carlo A. Ugolini, 901 Lavaca Trail, stated being supportive of the development, resides directly beside the property to be rezoned. Leonard Pratt, 711 W. Lavaca Trail, stated being concerned for the north south road going through his property for this development. He would like to know where the roads will go. There being no one wishing to speak, the public hearing was closed at 8:05 p.m. Commissioner Duffy questioned Mr. Shirley regarding why he has not responded to the Development Review Committee comments. Mr. Shirley stated not being able to get with the Engineer of the adjacent property to work out the connection between the two communities. He stated wanting to tweak the preliminary plat to make this project work. He stated he would be able to put in a prohibited turn, if needed. Commissioner Duffy questioned Mr. Shirley regarding the drainage plan, what is the flow, contours and topography? Tom Hoover, Engineer for the project, came forward to answer questions and discuss with Commissioner Duffy using the drawings provided. He stated they are going to work with the terrain and make the streets route all of the water into the retention pond. There will be a detention pond as well, therefore the water will not leave at a rate greater than what is currently in place today. Commissioner Duffy questioned if he has discussed the information with the city engineer department? Mr. Hoover stated he had several times. Mr. Shirley stated there are wells on the Martin property which will be used to maintain the open space, trees. Barry LeBaron explained to the Commissioners that because staff was trying to coordinate meetings with the adjacent project to get the connectivity with the streets, Mr. Shirley was not able to have a complete preliminary plat to present at the same time as the rezoning application. Commissioner Duffy questioned Mr. Shirley regarding if a Homeowners Association will be mandatory? Mr. Shirley replied yes, there will be a HOA for this development. Commissioner Byerly questioned Mr. Shirley if there would be any way he could maintain R40 lots on Lavaca Trail? Mr. Shirley stated no, but he is looking to do a tree buffer. Commissioner Blassingame questioned staff regarding what is the history of the gate into Remington Park, is there suppose to be one? Barry LeBaron replied not knowing about any gate to be put in place. Commissioner Dudziak stated the road is undersized for this type of traffic for the R20 density. The Commissioners have not looked at the road trips created by developments. Commissioner Byerly concurred with Commissioner Dudziak, he stated the city council must have envisioned that the R40 density would stay in this area. This project is too dense for this property or area. Mr. Shirley stated he could come up with something that might work for this area, but he would need time, maybe to the next Planning and Zoning meeting. Commissioner Byerly concurred. City of Colleyville Page 4 Printed on 9/26/2006 Planning and Zoning Commission Minutes - Final August 28, 2006 Commissioner Blassingame concurred, but the traffic still needs to be addressed. Commissioner Dudziak stated Lavaca Trail and the intersection at Precinct Line Road are not ready for the traffic the project will create. Commissioner Byerly moved to re-open and continue case Z-06-019 to the September 11,2006 meeting. Commissioner Dudziak seconded. The motion carried by the following vote: Aye: 6 - McCormick, Dudziak, Bartkowski, Blassingame, Duffy, Byerly Abstain: 1 - Taylor 7c Case Z-06-021- PUBLIC HEARING - Consider a change on zoning to repeal a Special Use Permit for alcoholic beverage sales on Lot AR, E.M. Thompson Subdivision, located at 5224 Colleyville Boulevard Barry LeBaron presented the case and briefed the Commissioners. Commissioner Byerly opened the public hearing at 7:22 p.rn. There being no one wishing to speak, the public hearing was closed at 7:22 p.rn. Commissioner Dudziak questioned staff regarding if there will be a time limit to renew the Special Use Permit? Barry LeBaron replied no, it will go back to the base zoning district, CC2. If for some reason in the future an applicant wants a Special Use Permit to sell alcohol, they will have to apply for a Special Use Permit and present it to the Planning and Zoning Commission as well as City Council. Commissioner Dudziak questioned staff if the property owner has agreed in writing? Barry LeBaron replied no, but the owner has been notified and he has not responded to the contrary. City Attorney stated being ok with the Commissions actions to repeal the Special Use Permit Commissioner Blassingame moved to approve case Z-06-021. Commissioner Byerly seconded. The motion carried by the following vote: Aye: 7 - McCormick, Dudziak, Bartkowski, Taylor, Blassingame, Duffy, Byerly 8. STAFF COMMENTS, REPORTS AND DISCUSSION ITEMS 9. COMMISSIONERS' COMMENTS AND REPORTS Commissioner Duffy questioned staff regarding since there was not sufficient information for the rezoning case, why was it on the agenda? Barry LeBaron replied the applicant had until as late as Friday afternoon to get the comments back to staff, therefore it does not leave time to notifiy the citizens that it has been pulled from the agenda once it is posted. Commissioner Dudziak stated that as a board, we need to pay closer attention to our decisions on how they affect our streets. Commissioner Blassingame concurred. 10. ADJOURNMENT: City of Colleyville Page 5 Printed on 9/26/2006 Planning and Zoning Commission Minutes. Final August 28, 2006 There being no further business before the Planning and Zoning Commission, meeting adjourn at 8:45 p.m. Approved by acclamation. I hereby certify the above agenda was posted on the bulletin boards at City Hall on August 24,2006 by 5:00 P.M. Minutes Approved on September 11, 2006 Amy Shelley, Planning and Zoning Assistant City of Colleyville Page 6 Printed on 9/26/2006