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HomeMy WebLinkAboutPlanning and Zoning Commission-Minutes-9/25/2006~~~~ --~~, ity of Colleyville ~~' ~~ Minutes -Final Ye~3+- Planning and Zoning Commission 100 Main Street Colleyville, Texas 76034 (817) 503-1000 www.colleyville.com Monday, September 25, 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 September 25, 2006, at 7:05 p.m. 2. ROLL CALL Present: Commissioners Dave Dudziak, Thomas Bartkowski, John Blassingame, Denis Duffy, Jeff Byerly Absent: Robert McCormick and Mary Taylor 3. INVOCATION The invocation was given by Commissioner Duffy. 4. PLEDGE OF ALLEGIANCE 5. APPROVAL OF MINUTES Commissioner Dudziak moved to approve meeting minutes as written. Commissioner Bartkowski seconded. The motion carried by the following vote: Aye: 5 -Dudziak, Bartkowski, Blassingame, Duffy, Byerly Absent: 2 -McCormick, Taylor City of Colleyville Page 1 Printed on 5/2/2007 Planning and Zoning Commission Minutes -Final September 25, 2006 6. CITIZEN COMMENTS REGARDING ITEMS NOT ON THE AGENDA 7. REGULAR AGENDA ITEMS 7a Approval of a Preliminary Plat of Lots 1 x-4, Block A; Lots 1 x-5, Block B; Lots 1-11, Block C; Lots 1-6, Block D of the Preston Oaks Addition on 16.8 acres, located at 805-901 Lavaca Trail, Case P-06-042 The minutes for this agenda item can be found during case Z-06-019. This item was considered, by a separate vote, with the tabled item, zoning case Z-06-019. Commissioner Byerly moved to approve case P-06-042. Commissioner Blassingame seconded. The motion carried by the following vote: Aye: 4 -Bartkowski, Blassingame, Duffy, Byerly Nay: 1 -Dudziak Absent: 2 -McCormick, Taylor 7b Approval of a Final Plat of Lots 1-9, Block 1 of the Chanel's Court Addition located at 209 and 301 Bandit Trail, Case P-06-046 Chris Fuller presented the case and briefed the Commissioners. Commissioner Duffy questioned staff regarding if the homes are to be sprinkled for fire safety, since there are nine homes on the street? Barry LeBaron replied those homes are not required to be sprinkled. Commissioner Bartkowski moved to approve case P-06-046. Commissioner Duffy seconded. The motion carried by the following vote: Aye: 5 -Dudziak, Bartkowski, Blassingame, Duffy, Byerly Absent: 2 -McCormick, Taylor 7c Approval of a Preliminary Plat of Lots 1-32, Block 1, Lots 1-45, Block 2, Lots 1-11, Block 3, Lot 1, Block 4, Lot 1, Block 5 of The Villas at Oak Pointe on 19.7 acres, located in the 1600 block of Sanders Lane, Case P-06-047 Commissioner Byerly recused himself from this agenda item. Commissioner Duffy, being the Vice Chairman, resumed the meeting. Chris Fuller presented the case and briefed the Commissioners. City of Colleyville Page 2 Printed on 5/2/2007 Planning and Zoning Commission Minutes -Final September 25, 2006 Barry LeBaron discussed with the Commissioners regarding if the developer gates the development. He stated staff has met with the developer and if he decides to gate the community, the entry way would be re-designed, however the redesign would not affect the lots. Commissioner Dudziak questioned staff if the developer does decide to gate the community, will he have to meet the turn around requirements? Barry LeBaron replied yes, that is why staff requested a drawing showing if it is conceivable to do with the layout that he has. Commissioner Dudziak questioned if those documents need to be attached to the preliminary plat? Barry LeBaron replied no, it can be done during the final plat process. Commissioner Duffy moved to approve case P-06-047. Commissioner Blassingame seconded. The motion carried by the following vote: Aye: 4 -Dudziak, Bartkowski, Blassingame, Duffy Absent: 2 -McCormick, Taylor Abstain: 1 -Byerly 7d Case P-06-048 -Minor plat of Lot 1, Block 1, Ford Addition, 1.0 acres located at 2406 Glade Road At this time, Commissioner Byerly resumes the meeting. Chris Fuller presented the case and briefed the Commissioners. Commissioner Dudziak moved to approve case P-06-048. Commissioner Duffy seconded. The motion carried by the following vote: Aye: 5 -Dudziak, Bartkowski, Blassingame, Duffy, Byerly Absent: 2 -McCormick, Taylor 7e Approval of a Preliminary Plat of Lots 1x-12, Block A, Lots 1x-12, Block B, Lots 1-16, Block C of the Covington Addition on 23.4 acres, located at 704-800 L. D. Lockett Road, Case P-06-049 Chris Fuller presented the case and briefed the Commissioners. Commissioner Duffy questioned staff or City Attorney Matthew Boyle that since Hunter Trail is not up to city standards, is there a way we could recommend, no gate, but bring Hunter Trail to city standards? Attorney Boyle replied you can make a recommendation as part of the plat approval relative to the existence or non existence of the gate, with respect to the council to consider any pavement or street upgrades as City of Colleyville Page 3 Printed on 5/2/2007 Planning and Zoning Commission Minutes -Final September 25, 2006 commented by the Planning and Zoning Commission. Commissioner Bartkowski questioned staff if Mr. Stajduhar has been updated as to the out fall of the detention pond and is he aware that there will be a 30 inch concrete pipe discharging water right at that point? Mr. Walton replied having met with Mr. Stajduhar regarding the drainage and flow and has explained the process that will exist for the project. Commissioner Bartkowski questioned if all of the water will be discharged at one time? Mr. Walton stated Mr. Stajduhar is aware of the sheet flow moving onto his property. Tom Hoover, Engineer for the project, stated most detention ponds are concentrated on the flow and will be interactive with the drainage. Commissioner Bartkowski questioned Mr. Hoover where is the storm drainage system shown, where does the water go? Mr. Hoover replied the release rate will be decreased to match the storm drainage system along Country Way. Commissioner DufFy questioned Mr. Hoover regarding how will you treat the pond on Lot 6x? Mr. Hoover replied the water will be required to jump in baffles that will slow the water down. The water will move southwest toward Mr. Stajduhar's property. Commissioner Duffy stated that since this is a retention pond, it will have water at all times, only the additional will be discharged. Commissioner Dudziak questioned staff if this is ok to move this amount of water onto another property? City Engineer, Chad Bartee, replied the engineering staff will not approve a water discharge that is not acceptable for neighboring properties. Commissioner Duffy questioned City Engineer Bartee if the perimeter of this proposal is acceptable to the Colleyville Engineering Department? City Engineer Bartee replied yes, from what he has seen tonight. Commissioner Blassingame questioned City Engineer Bartee if he is familiar with the Hunter Lane conditions? City Engineer Bartee replied no. Commissioner Duffy moved to approve case P-06-049 and to state clearly to the council that we do not wish to recommend a closed gate at the Hunter Trail intersection, and we recommend Hunter Trail be brought up to city standards as well as the sidewalks. Commissioner Bartkowski seconded. Commissioner Byerly stated to the audience that the city has a Street Capital Improvements Committee that meets and he suggested someone to address those issues to the Committee regarding Hunter Trail. City of Colleyville Page 4 Printed on 5/2/2007 Planning and Zoning Commission Minutes -Final September 25, 2006 The motion failed by the following vote: Aye: 3- Bartkowski, Duffy, Byerly Nay: 2- Dudziak, Blassingame Absent: 2 -McCormick, Taylor Commissioner Byerly questioned the "nay" voters as to why they voted as they did. Commissioner Blassingame stated the neighbors were in favor of the gate for the safety of their children. He stated not being in favor of not adding the language to prohibit a gate and just recommending to council that they improve the street. He stated not seeing that get done before the development gets done. Commissioner Dudziak stated not liking the "hybrid" R20 as mentioned in the previous hearings. Commissioner Byerly questioned Commissioner Dudziak as to how that is relevant to the platting issue, that is a zoning issue? Commissioner Duffy stated not being in favor of the "nay" voters having to say why they voted the way they have. Commissioner Byerly stated needing to get a consensus so that this item can move forward, it will not move forward with a 3-2 vote. Commissioner Duffy suggested Attorney Boyle should explain to the applicant what can take place next. Attorney Boyle stated there not being any issue raised that would show that there is a defect or a deficiency relative to this application's compliance with the subdivision ordinance and at such it is right for a favorable consideration and would encourage a reconsideration of the approval by the Commission with whatever conditions or standards that would gain four affirmative votes. Commissioner Blassingame suggested removing the language denying the opportunity for a gate. Barry LeBaron replied the applicant is the one who decided that there would be a gate at this property, however, each time a gate is put up, emergency access is hindered. He concurs with the Attorney Boyle, this plat meets the subdivision standards. Commissioner Bartkowski questioned staff regarding what are the applicant's choice if a motion is not approved? Barry LeBaron replied the applicant would appeal to the city council. Commissioner Duffy questioned Attorney Boyle who can make a motion to reconsider? Attorney Boyle replied the floor is open for another City of Colleyville Page 5 Printed on 5/2/2007 Planning and Zoning Commission Minutes -Final September 25, 2006 motion. Commissioner Bartkowski stated the vote has been made, it should be put to bed. Attorney Boyle stated the charter requirement is it takes four affirmative votes for a P&Z case and one option would be to consider the preliminary plat and then take a second related motion relative to the Commission's desires on the gated or not gated status of Hunter Trail. Commissioner Byerly stated if the Commission does nothing for this plat, the plat will automatically get approved. Commissioner Byerly moved to approve case P-06-049 with the recommendation to city council that they consider removing the gate at such time that they are willing to bring Hunter Trail to the current city standards and install the sidewalks and curbs and gutters. Commissioner Blassingame seconded. Commissioner Duffy replied not approving to another vote, the vote should stand as stated. Attorney Boyle replied there has been no action due to the charter requirements of four affirmative votes, in either direction. Commissioner Bartkowski questioned Attorney Boyle regarding an agenda item that the Commission can not take action on? Attorney Boyle replied not being at all close to this being an item that we can not take action on. Commissioner Byerly stated the Commission has to approve, deny or table the item by having four affirmative votes to do so. Attorney Boyle stated that 30 days after this application is completed, in the absence of final action by the Commission, then the plat is deemed approved as accordance with law and the local government code. Commissioner Duffy stated objecting to the process. He stated the Robert's Rules are not being followed. Commissioner Byerly stated and Attorney Boyle concurred, the city has not adopted Robert's Rules, especially where it conflicts the city charter. The motion failed by the following vote: Aye: 2- Blassingame, Byerly Nay: 3- Dudziak, Bartkowski, Duffy Absent: 2 -McCormick, Taylor Commissioner Byerly stated the floor is open for another motion. Commissioner Bartkowski moved to table case P-06-049 to the next City of Colleyville Page 6 Printed on 5/2/2007 Planning and Zoning Commission Minutes -Final September 25, 2006 Planning and Zoning Commission meeting. Motion failed for lack of second. Commissioner Blassingame stated we have to do what we said we were going to do, when we approved the zoning, we approved the gate. Remove all language about removing the gate and let city council deal with it. He stated the Commission voted affirmatively with the gate. Commissioner Bartkowski replied the Commission did not vote affirmatively, as noted in the minutes for the September 11, 2006 meeting. Chris Fuller stated the voting for the rezoning request was concentrated on the density of the development, with discussion regarding the access gate. The vote did not have language that specifically discussed the gate. Commissioner Byerly stated the gate was not a zoning issue, it is a platting issue and when discussed at the zoning hearing, the Fire Marshall and staff did not approve of a gate. The developer was willing to put in a gate because the citizens wanted it. Commissioner Bartkowski suggested siding with the Fire Marshall stating the gate is a safety issue. Commissioner Blassingame stated when the Fire Marshall made the statement about the gate being an issue, one staff member stated there are gates in Colleyville and this one could be approved by city council. Commissioner Duffy moved to reconsider case P-06-049. Commissioner Blassingame seconded. The motion passed by the following vote: Aye: 4- Dudziak, Bartkowski, Blassingame, Duffy, Byerly Absent: 2 -McCormick, Taylor Commissioner Duffy stated the gate is to please the neighbors in this development, however, if this is a good plan for the city, the developer should not be penalized for the gate. Commissioner Duffy stated the plat should be approved with out the gate and then a side motion could be made to recommend, for or against, the gate to city council. Commissioner Duffy moved to approve case P-06-049 as presented. Commissioner Blassingame seconded. The motion failed by the following vote: City of Colleyville Page 7 Printed on 5/2/2007 Planning and Zoning Commission Minutes -Final Aye: 3- Blassingame, Duffy, Byerly Nay: 2- Dudziak, Bartkowski Absent: 2 -McCormick, Taylor September 25, 2006 Commissioner Byerly questioned Mr. Walton regarding his thoughts about the gate? Mr. Walton stated our objective was to provide the gate, in the development review memo, staff suggested that we put the gate on the plat. We do not want the approval of the plat on the condition on the gate, however, he stated he feels the neighbors would remain in support of this development without the gate. Attorney Boyle stated the provision in the development code that is consistent with Commissioner Duffy's motion, that Section 10 - 5a , specifically the city council may grant a variance to a subdivision that includes a private gated entrance into a subdivision. Commissioner Bartkowski stated this is a private gate across a public street. Attorney Boyle replied the point being is that the plat and gate can be considered as two separate items as Commissioner Duffy suggested. The gate issue could move forward with a 3-2 vote to city council, because it would not be the final action. The alternative is that the Commission take no action tonight and in 30 days the plat would be approved, with no action. Commissioner Duffy moved to approve case P-06-049 as presented. Commissioner Bartkowski seconded. The motion carried by the following vote: Aye: 4- Bartkowski, Blassingame, Duffy, Byerly Nay: 1- Dudziak Absent: 2 -McCormick, Taylor Commissioner Duffy moved to recommend to the city council regarding the gate issue, the Commission's recommendation that there be no gate with the recommendation that the city bring Hunter Trail to current city standards. Commissioner Byerly seconded. The motion carried by the following vote: Aye: 3- Bartkowski, Duffy, Byerly Nay: 2- Dudziak, Blassingame Absent: 2 -McCormick, Taylor 8. TABLED AGENDA ITEMS City of Colleyville Page 8 Printed on 5/2/2007 Planning and Zoning Commission Minutes -Final September 25, 2006 8a Approval of 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, Case Z-06-019 Commissioner Byerly moved to remove case Z-06-019 from the table. Commissioner Bartkowski seconded. The motion carried by the following vote: Aye: 5- Dudziak, Bartkowski, Blassingame, Duffy, Byerly Absent: 2 -McCormick, Taylor Commissioner Byerly stated the Commission will consider plat case P-06-042 at the same time, however, separate votes will be made. Chris Fuller presented the case and briefed the Commissioners. Barry LeBaron stated that since the plat is not a public hearing, all speakers wishing to speak regarding the plat will be given an opportunity to do so. Commissioner Byerly opened the public hearing at 8:10 p.m. Ron Shirley, the applicant, came forward to present the case and brief the Commissioners. Commissioner Blassingame questioned Mr. Shirley regarding the entry features? Mr. Shirley provided drawings regarding the entry way features. Commissioner Byerly questioned Mr. Shirley if the entry fencing will be solid masonry or with a wrought iron combination? Mr. Shirley replied a combination of wrought iron and masonry. Commissioner Dudziak questioned Attorney Boyle if the Commission can dictate how the type of fencing? Attorney Boyle replied not in straight zoning. Mr. Shirley stated the fencing would be masonry and metal, that is it. Judy Ruggere, 1013 W. Lavaca Trail, stated not having any objections to the zoning request. Clark Miller, 6105 Equestrian Court in Remington Park, stated it not being our place to dictate what is being developed in this area. City of Colleyville Page 9 Printed on 5/2/2007 Planning and Zoning Commission Minutes -Final September 25, 2006 Jeff Zimmerman, 501 Lavaca Trail, spoke in opposition to the rezoning request and the preliminary plat. Marty Gohr, 809 Lavaca Trail, stated understanding the changes on Lavaca Trail and in favor of the requests. Lorraine Gohr, 809 Lavaca Trail, stated the changes are eminent. and she is in favor of the requests. Mark Randall, 6111 Mustang Trail, stated being opposed to the zoning request with concerns for the traffic. Steve Martin, 813 Lavaca Trail, stated being in favor of the rezoning request and stated the traffic that comes down Lavaca Trail is most of the residents from Remington Park. Nan Martin, 813 Lavaca Trail, stated being in favor of the rezoning request and stated that Lavaca Trail needs to be policed for the traffic. There being no one wishing to speak, the public hearing was closed at 8:50 p.m.. Commissioner Duffy stated this is a 1.3 unit per acre development which is a good proposal, with some thought put in to it. The amenities fit the neighborhood. He stated he would like to see R40 zoning when it is practical. Commissioner Duffy moved to approve case Z-06-019. Commissioner Byerly seconded. Commissioner Dudziak stated it is sad to hear that the residents have resigned to accept things. He apologized, personally, for not doing a better job by keeping the rural feel in this area in Colleyville. He stated he is still not comfortable with the 1.3 density. The motion carried by the following vote: Aye: 4 - Bartkowski, Blassingame, Duffy, Byerly Nay: 1 -Dudziak Absent: 2 -McCormick, Taylor 9. STAFF COMMENTS, REPORTS AND DISCUSSION ITEMS Barry LeBaron introduced Dal Anderson as the Assistant City Manager. Council will be holding interviews next Tuesday night regarding the PZ commissioners. Commissioner Dudziak thanked Commissioner Blassingame regarding City of Colleyville Page 10 Printed on 5/2/2007 Planning and Zoning Commission Minutes -Final September 25, 2006 his time. Commissioner Byerly thanked Commissioner Bartkowski regarding his time. 10. COMMISSIONERS' COMMENTS AND REPORTS 11. ADJOURNMENT: I hereby certify the above agenda was posted on the bulletin boards at City Hall on Thursday, September 21, 2006 by 5:00 p.m. There being no further business before the Planning and Zoning Commission meeting adjourned at 9:00 p.m. Approved by acclamation. Amy Shelley, Planning and Zoning Assistant Minutes approved on October 9, 2006. City of Col/eyville Page 11 Printed on 5/2/2007