Loading...
HomeMy WebLinkAboutPlanning and Zoning Commission-Minutes-10/23/2006~`n.., City of Colleyville ~~~~ ~~ ~ ~ Minutes -Final ~;_:., Planning and Zoning Commission 100 Main Street Colleyville, Texas 76034 (817) 503-1000 www.colleyville.com Monday, October 23, 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 October 23, 2006, at 7:04 p.m. 2. ROLL CALL Commissioners Robert McCormick, Dave Dudziak, Scott Redfearn, Mary Taylor, David Phelps, Denis Duffy, Jeff Byerly were present Staff members Barry LeBaron, Chris Fuller, Robert Woods, Rob McKeown and Amy Shelley were present 3. INVOCATION The invocation was given by Commissioner McCormick. 4. 5. PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES Commissioner Duffy stated items 11 and 12 seem to have a copy and paste issue. There is a paragraph that repeats itself on both items. Recording Secretary Amy Shelley acknowleged. Commissioner Byerly suggested moving the motion before the discussion on the case. Mrs. Shelley acknowleged. Cify of Colleyville Page 1 Printed on 5/2/2007 Planning and Zoning Commission Minutes -Final October 23, 2006 Commissioner Duffy moved to approve the October 9, 2006 meeting minutes with corrections. Commissioner Taylor seconded. The motion carried by the following vote: Aye: 7 - McCormick, Dudziak, Redfearn, Taylor, Phelps, Duffy, Byerly 6. CITIZEN COMMENTS REGARDING ITEMS NOT ON THE AGENDA None 7. REGULAR AGENDA ITEMS 7a Case P-06-056 -Final plat of Lot 4, Block 1 of the Meadows Creek Plaza Addition on 0.7 acres located in the 8200 block of Precinct Line Road Chris Fuller presented the case and briefed the Commissioners. Commissioner Duffy moved to approve case P-06-056. Commissioner Taylor seconded. The motion carried by the following vote: Aye: 7 - McCormick, Dudziak, Redfearn, Taylor, Phelps, Duffy, Byerly 7b Approval of a Preliminary Plat of Lots 1-9, Block 1 of the Lavaca Park Addition on 5.1 acres located in the 1000 block of Lavaca Trail, Case P-06-057 Commissioner Byerly stated this agenda item would be heard at the same time but with a seperate vote, with Case Z-06-025 since the zoning will have to be in place before any plat can be approved. 7c Case G-06-028- Consider amending the Planning and Zoning Commission's Rules of Procedure Barry LeBaron briefed the Commissioners regarding amending the Planning and Zoning Commission's Rules of Procedure to remove reference to Robert's Rules of Order as requested by the City Attorney. Commissioner Byerly suggested scheduling a workshop for this item to be able to go over them in more detail. Commissioner Duffy concurred and stated he is a firm advocate of the Robert's Rules as written without amendments. If this is going to be done, the Commission needs to be clear and certain. City of Colleyville Page 2 Printed on 5/2/2007 Planning and Zoning Commission Minutes -Final October 23, 2006 Commissioner Duffy moved to table case G-06-028 till a work session can be scheduled. Commissioner Redfearn seconded. The motion carried by the following vote: Aye: 7 - McCormick, Dudziak, Redfearn, Taylor, Phelps, Duffy, Byerly 8. PUBLIC HEARING AGENDA ITEMS 8a Approval of a Zoning Change from R40-Single Family Residential to R20-Single Family Residential on 5.105 acres out of the R.N. McEwing Survey located in the 1000 block of Lavaca Trail, Case Z-06-025 Commissioner Byerly stated at the same time, case P-06-057 would be heard with this agenda item since the zoning will have to be in place before any plat can be approved. Chris Fuller presented cases (Z-06-025 and P-06-057) and briefed the Commissioners. Commissioner Duffy stated for point of clarity, there will be two separate votes for each case. Commissioner Byerly concurred and stated the zoning will have to be in place before the plat can move forward. Commissioner Byerly opened the public hearing at 7:15 p.m. John Fegan, the developer, and Clark Miller, the applicant, came forward to present the case and brief the Commissioners. Commissioner Duffy stated to Mr. Fegan the back of the property is 10 feet higher than the street. Mr. Fegan stated instead of having a flat detention pond in the front of the development, we have added contours to mound up the front entryway. Commissioner Duffy questioned Mr. Fegan regarding if there will be retention ponds with aerators or detention ponds? Mr. Fegan replied detention ponds. Commissioner Duffy questioned Mr. Fegan regarding in the detention ponds, the overflow will go where? Mr. Fegan referred that question to Ed Kellie, the Engineer for the project. Mr. Kellie replied the property is a little over five acres and drains from north to south towards Lavaca Trail. The intention is to maintain the pattern of the existing drainage. The calculations will require detention ponds in a 100 year event and will take up most of the HOA area of open space in the front of the property and will flood to a depth of two to two and a half feet. He stated as all of the subdivisions, that have been presented recently on Lavaca Trail, come to fruition, all of the drainage issues will be addressed and resolved as the development of the area takes place. He explained to the City of Colleyville Page 3 Printed on 5/2/2007 Planning and Zoning Commission Minutes -Final October 23, 2006 Commissioners the drainage plans that are being put in place by all of the developments. Commissioner Duffy questioned staff if those drainage documents are in place? City Engineer Robert Woods replied the final construction plans are not in place, however, that is the intent of the developer as stated in the drainage analysis. Commissioner Duffy stated it appears that off site drainage easements will have to be acquired by several property owners before anything else can be done. Mr. Woods stated the developers are working on their final design and all off site drainage easements are acquired during that final stage. Commissioner Duffy questioned staff regarding when are those easements required to be in place, before the Commission can vote or after? Mr. Woods replied those easements would be in place at the time of final plat. Commissioner Taylor questioned Mr. Miller regarding if Ramon Chandler has been approached about purchasing his property? Mr. Miller replied yes, but the property is zoned commercial which created an issue for our development. Commissioner Taylor stated having concerns for a five acre plot here and another five acre plot stand alone, there is an issue with water standing. She stated not seeing any consistency with having this many drainage systems to take care of the overall water issues. Mr. Fegan replied that is why they have gone with Mr. Kellie because he is designing the development across the street from this property which will help with the consistency of the drainage systems. Commissioner Dudziak questioned staff regarding if Mr. Chandler's property drains to this property? Mr. Kellie replied there is a drainage ditch that allows Mr. Chandler's property to drain along the west side of this property to the pond. He stated this drainage is self contained and drains towards Lavaca Trail to the front of this development. Commissioner Dudziak stated you have no control over what Mr. Chandler does with this property, correct? Mr. Kellie replied correct. Commissioner Dudziak stated knowing of other subdivisions of Mr. Chandler's that have drainage issues. Commissioner Dudziak he wants some assurances that the developers of this property are not going to be subject to some change Mr. Chandler could make. Commissioner Dudziak questioned staff regarding if Mr. Chandler is required to drain through the Rosewood Villas properties? Mr. Woods replied they are draining down through, as Mr. Kellie has stated, along the west property line in the channel that is in place and the detention pond functions in that area. Commissioner Taylor stated the Rosewood Villas development has a big detention pond in the back of the development. Mr. Woods concurred with Commissioner Taylor, along the northern property line of the subject property. City of Colleyville Page 4 Printed on 5/2/2007 Planning and Zoning Commission Minutes -Final October 23, 2006 Commissioner Dudziak questioned staff regarding what assurances do the Commissioners have that Rosewood Villas will have the continued services of these other two parcels of property? Mr. Woods replied any changes made to the drainage systems will have to go through the Engineering department. Barry LeBaron stated the property owners will have to respect the drainage easement to the north because it is already in place. Commissioner Dudziak stated that drainage easement is there just for the northern property. Barry LeBaron agreed, but it handles the drainage, as stated, it does not drain onto this site. Commissioner Dudziak agreed, but we are looking at the outflow going downstream further down Lavaca Trail, as well as the developments to the west and he stated his concern is we do not have the legal instruments in place to make sure that the subdivision to the north are going to get their drainage to the south, nothing except for an easement going westbound. Commissioner Duffy questioned staff if it would be possible for the preliminary plat be resubmitted with the easements shown on it? Commissioner Byerly stated it does not need to be on this plat because it has no affect on this plat, that easement is for the property to the north. Barry LeBaron replied a copy can be provided to you, but this property is not dependant on this easement. that you are referring to. Commissioner Byerly questioned staff if any of the surrounding properties dump any water onto this property that is not currently flowing onto this property without going through city engineering and having some plan approved? Mr. Woods replied there would not be any, because as indicated, the off site is not directed from topography, the fall is away from this site and does not effect this from an off site drainage area. Commissioner Dudziak stated the flow will be increased down stream by increasing the density of the property, do not we have a responsibility to insure that the downstream effects will not be adversely impacted? Barry LeBaron replied the developer is putting in detention ponds on this site at the front of this development to accommodate the run off on this site. He also stated that under the current zoning, the developer could build five residential lots today, the developer is asking for a rezoning to R20 for nine lots, only changing the density by four additional lots. Commissioner Dudziak agreed. Mr. Fegan stated the final trigger for us, the developer, would be the final plat process. Jeff Zimmerman, 501 Lavaca Trail, stated having concerns for the traffic on Lavaca Trail as well as the cut through traffic in Remington Park. Judy Ruggeri, 1101 Lavaca Trail, spoke in favor of the development and City of Colleyville Page 5 Printed on 5/2/2007 Planning and Zoning Commission Minutes -Final October 23, 2006 stated having concerns for the drainage in this area and the traffic. She stated there does need to be another street connecting north and south. There being no one wishing to speak, the public hearing was closed at 7:50 p.m. City of Colleyville Page 6 Printed on 5/2/2007 Planning and Zoning Commission Minutes -Final October 23, 2006 Commissioner Duffy moved to table case Z-06-025 until such time the applicant comes forward with agreements from the surrounding properties, so that the Commission knows what will happen in the future for the occupants downstream to this area. Commissioner Byerly questioned City Attorney whether or not those conditions can be made to table this item? Attorney Kallas stated the motion can not be a mandatory requirement for zoning. The zoning can not be made a condition on the platting when it is not necessary. Commissioner Duffy replied he moves to table without conditions. Commissioner Dudziak seconded. Commissioner Taylor questioned Commissioner Duffy regarding what benefit does the Commission have by tabling? Commissioner Byerly agreed and stated it not being fair to hold the developer for drainage issues when the Land Development Code provides the developer can not allow anymore water on the neighboring properties than he is currently doing. The engineers seem to have the plans in place and the final plat process will still have to be gone through, which are actually in the works. Commissioner Duffy stated the Commission's job is to not only zone, but to plan and for this Commission to rezone without any consideration to the downstream affects, we are not planning. The water treatment in this area has not been planned in advance. Commissioner Taylor stated this five acre plot going into a subdivision as it stands right now, is not a good fit, and that is the Commission's job. She stated not believing that this is the best fit for this land. Commissioner Redfearn stated the Commission has the opportunity during the preliminary and final plat to accomplish those objectives and he stated being opposed to tabling. Commissioner Byerly respectfully disagreed with Commissioner Duffy and stated the city engineers have approved and stated being opposed to tabling with that in mind. Commissioner Duffy stated again, planning is one of the objectives to this Commission. A north south street was proposed, but it was voted down. The property owners wanted to keep the rural country feel and they did not want the road. Now, those property owners City of Colleyville Page 7 Printed on 5/2/2007 Planning and Zoning Commission Minutes -Final October 23, 2006 are selling and now they want that road. The Commission has to do one of two things, we either have to plan all the way, allow this extra growth in there and provide roadways for them, or we have to keep it like it is. He stated if the Commission does not believe the plat is complete, then the Commission has the right under planning and a technical right under zoning, not to approve it, if so chosen. He stated choosing to table this item to let the developer get their act together. Commissioner Dudziak concurred and stated this is the point where the Commissioners have the most control as a planning board and while there have been decisions made in the past, the Commission really has not done a good job of thinking through what the ultimate end could be. The road is a good issue, the traffic issue on Lavaca Trail, adding additional cars to a road that is sub par. He stated wanting the engineering department show him the numbers that Lavaca Trail could handle in it's current condition in a safe manner. There is not any money in any budget to improve this road. He stated if the Commission take a break to get all of the drainage in place, to understand a little bit more, the Commission can make a better decision for the citizens of Colleyville. The motion failed by the following vote: Aye: 2 -Dudziak, Duffy Nay: 5 -McCormick, Redfearn, Taylor, Phelps, Byerly Commissioner Byerly moved to approve case Z-06-025. Commissioner McCormick seconded. Commissioner Taylor stated this not being the best and highest use of that land and approving another five acre tract is the answer. Commissioner Byerly concurred but unfortunately Lavaca Trail is not being developed as one big development Commissioner Taylor stated the market is moving toward this area and there will eventually be land available to the west and to the north to develop properly and bring the road through. Commissioner Phelps stated concurring, however, he stated not wanting to keep a developer on hold that meets all of the criteria. He stated the traffic and drainage issues need to be addressed, but not by holding up this developer. City of Colleyville Page 8 Printed on 5/2/2007 Planning and Zoning Commission Minutes -Final October 23, 2006 Commissioner Redfearn stated this is a good use for this land, a buffer, it seems consistent and the design by the developer is a good and attractive design. Commissioner Duffy reminded the new Commission members that once the zoning is approved, when the platting comes in, the Commission's hands are tied. If the developers pass all of the platting criteria, the Commission can not demand drainage or traffic and the flexibility is gone. Commissioner Redfearn questioned Commissioner Duffy regarding what is that time horizon that would be satisfactory on those issues? Commissioner Duffy replied that being up to the applicant to talk to the local people to get those issues resolved. Commissioner Redfearn questioned Commissioner Duffy regarding traffic? Commissioner Duffy replied there is nothing in the budget, so it could be a cow road, like it is now, for a long time. He stated the planning function is to not burden the people who are living there, just because some new developer wants to come in and cut up a piece of property. He stated this Commission tried to amend the Master Thoroughfare Plan and give the city council three options, and they chose none of them. Now homes are being added, where access is needed. Commissioner Taylor stated two years down the road, as all of these developments get done, and all of these houses are occupied, she promised that as these people come from 800 to a million dollar homes come onto Lavaca with pot holes, the city will get many phone calls regarding when will the road be fixed? The motion passed by the following vote: Aye: 4 -McCormick, Redfearn, Phelps, Byerly Nay: 3 - Dudziak, Taylor, Duffy Commissioner Byerly moved to approve case P-06-057. Commissioner McCormick seconded. Commissioner Duffy stated the plat is inadequate and incomplete. Commissioner Byerly questioned Commissioner Duffy in what ways is the plat incomplete? Commissioner Duffy replied it has already been mentioned. Commissioner Byerly responded staff has stated the plat meets the Land Development Code requirements. Chris Fuller concurred. City of Colleyville Page 9 Printed on X2/2007 Planning and Zoning Commission Minutes -Final October 23, 2006 Commissioner Dudziak questioned the Commissioners if the Commission is to ignore all of the ancedotal evidence and go along strictly with the code and say that we should no longer take the potential problems into consideration? Commissioner Byerly replied not saying that at all, he stated he puts his faith in the city engineer which is not going to approve a plan that puts more water on any property than they are receiving now. If those properties are getting flooded now, it is not the Commission's job to stop that. Commissioner Duffy disagreed, the city engineers are looking at the law and the code, however, this property plus all of the properties combined, the city staffs job is not to plan, not to look ahead, it is the Commission's job to plan and look ahead and if the Commission sees what is up ahead and what is being approved is compounding the property because of those issues, then the Commission is failing in their job. Commissioner Byerly stated the Land Development Code does look ahead to resolve those issues, if the sum is going to be greater than the whole parts because none of those properties can put any more water than what is currently being placed, no one along there can do that. Therefore, when someone comes along and states they are getting flooded and they never have before, then that is a problem, but when they say they have always gotten flooded, that is not a problem. Commissioner Duffy stated the sins of the past Commissioners are coming back to haunt this Commission. No one held any one's feet to the fire around here for years. This was the good old boy city and 30 years ago they could do whatever they chose, with whatever roads they had with zoning or platting. Now, we can make those wrongs better. He stated many years ago when he was on city council, the city was sued for drainage issues, however, the city lawyers were able to talk them out of it. But it was a lack of responsibility on what was going on and that is what he is wanting to correct now with this Commission. Commissioner Byerly concurred, however, he stated he is not an engineer and he puts his faith in the city engineer department to correct those issues. Commissioner Dudziak stated he too believes in the engineering department, however, approval after approval, there continues to City of Colleyville Page 10 Printed on 5/2/2007 Planning and Zoning Commission Minutes -Final October 23, 2006 not address the traffic just on this street alone. He stated if this were to be developed as one large development, there would be a lot more people here to address those concerns for drainage and traffic. He stated the Commission is not holding anyone back, the Commission is holding to standards that as a planning board need to consider. He stated the R20 zoning has been approved, however, if the Commission were to hold off on this plat, to make sure all pieces are in place as they have said they would be. The Commission would then be more comfortable to make a positive vote. Attorney Kailas stated the State law requires that if the plat meets the requirements, then the Planning and Zoning Commission shall approve the plat. Commissioner Dudziak replied it would be challenging the law as to whether it was interpreted correctly, if the Commission decides to vote against this plat, we would be sued, correct or the Commission could assume they would be sued? He stated why should the Commissioners be afraid necessarily to take a stand, it happens all the time. Attorney Kailas replied it being his duty to guide you in the legal requirements. Commissioner Dudziak stated he appreciated it. Commissioner Redfearn stated there are lots of big picture problems, with Lavaca, with the connection to McDonwell, which need to be addressed separate from he application before the Commission. Commissioner Taylor stated if this is approved, which it appears it will, there is only one other place that this issue can be addressed. Commissioner Dudziak stated the Commission has none if they comply with all of the regulations. They do not have to do one more thing, just like Mr. Chandler does not have to allow the Rosewood community to eventually flow through his property. The Commission has put those pieces in place and there are properties potentially at risk and we have not done our job in his opinion. He stated when the zoning was passed, the Commission lost it's control. The motion passed by the following vote: Aye: 4 -McCormick, Redfearn, Phelps, Byerly Nay: 3 -Dudziak, Taylor, Duffy City of Colleyville Page 11 Printed on 5/2/2007 Planning and Zoning Commission Minutes -Final October 23, 2006 9. TABLED AGENDA ITEMS 9a Case P-06-051 -PUBLIC HEARING -Final plat for Lots 9A and 9B, Block 1 of the Colleyville Industrial Park Addition being a replat of Lot 9, Block 1 of the Colleyville Industrial Park Addition Commissioner Duffy moved to remove case P-06-051 from the table. Commissioner Dudziak seconded. The motion carried by the following vote: Aye: 7 -McCormick, Dudziak, Redfearn, Taylor, Phelps, Duffy, Byerly Chris Fuller updated the Commissioners regarding this agenda item. Commissioner Duffy questioned staff regarding what are the plans for Wyatt Drive? Chris Fuller replied Wyatt Drive was taken off of the Thoroughfare Plan and reduced to a local street. Chris Fuller replied the setback requirements meet the zoning district standards. The right of way meets the required dedication by the applicant to subdivide the plat. Commissioner Dudziak questioned staff regarding how close from the property line to the back of one of the homes in Ross Downs to the closest that this building could be? Barry LeBaron replied 54 feet. Commissioner Byerly questioned staff regarding with the waiver and with what can currently be done right now? Barry LeBaron replied 68 feet, a difference of about 14 feet. Commissioner Phelps questioned staff for clarity, as is, there is a 15 foot setback from Wyatt Drive, correct? Chris Fuller replied incorrect, there is a 40 foot setback. Commissioner Phelps stated subdividing the lot did not change that at all? Chris Fuller replied correct. Barry LeBaron stated had Wyatt Drive not been in place, a building could have been placed up to 25 feet from those fences. The 54 feet doubles that. Commissioner Dudziak questioned staff if a requirement could be made that the traffic not exit onto Wyatt? Barry LeBaron replied no. Commissioner Taylor questioned lighting, will there be a glare? Barry LeBaron stated the developer is here and can answer those questions. Commissioner Byerly opened the public hearing at 8:25 p.m. Tom Miller, the owner and applicant, came forward and withdrew his application. City of Colleyville Page 12 Printed on 5/2/2007 Planning and Zoning Commission Minutes -Final October 23, 2006 10. STAFF COMMENTS, REPORTS AND DISCUSSION ITEMS Barry LeBaron reminded the Commissioners regarding a possible workshop on Thursday night November the 2nd. He stated Recording Secretary Amy Shelley will send an email to see when you are available. 11 COMMISSIONERS' COMMENTS AND REPORTS Commissioner Duffy stated planning versus pure zoning and stated he feels like his hands are tied. If a plan comes forth, and meets all of the requirements, a codicil can not be put on a vote even if there are reservations. He stated he feels there have been swings made in the master plan. He stated being tired of hearing the empty nesters term. He stated he does not like to have a position of total hand lock when we as Commissioners come up with a vote and should be analyzing and looking at and voting with the best interest in the whole city not just that developer. Commissioner Dudziak stated saying no to an individual piece of property is not necessarily saying no to his ideas and his dreams as to what he wants to do. He stated it is not the Commission's job, that just because it meets all of the specifications, we have to go along with that. Our job as a Commission, is a governing organization is to think for the larger good of our citizens and the larger good of even the developers. What we want to plan on as a city, is a better community. We pieced milled Lavaca and we have not done a good job. If we would have said no in the beginning, we may have had some different development here, but we, as a Commission, voted many cases in a piece milled fashion and as we go forward, I hope we can be bigger than that and act as a governing body and not as an individual parcel approval organization. Commissioner Taylor stated her concern is the big picture, what is going to happen on Lavaca road as it becomes pot holed, and the calls come in to the city, knowing that we could not keep that road up to standard. Commissioner Redfearn stated as well as those rims on those tires. He stated the big picture is around this Thoroughfare Plan that seems to give us little hope in any near term for this north south collector that is the long term problem. However, this can be addressed in the future and try to work to and solve this underlying issue. Commissioner Duffy stated this issue needs to be on the work shop agenda. Barry LeBaron concurred. Commissioner Byerly stated this north south road was proposed and the Commissioners were overruled by the citizens who did not want it. Commissioner Taylor stated not being as concerned with the north south City of Colleyville Page 13 Printed on 5/2/2007 Planning and Zoning Commission Minutes -Final October 23, 2006 road as she is with Lavaca. 12. ADJOURNMENT I hereby certify the above agenda was posted on the bulletin boards at City Hall on October 19, 2006 There being no further business before the Planning and Zoning Commission, the meeting adjourned at 8:33 p.m. Amy Shelley, Planning and Zoning Assistant Minutes approved on November 13, 2006. City of Colleyville Page 14 Printed on 5/2/2007