HomeMy WebLinkAboutPlanning and Zoning Commission-Minutes-11/26/2007,. ,. 100 Main Street
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Minutes -Final www.colleyville.com
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Planning and Zoning Commission
Monday, November 26, 2007 6:15 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
DISCUSSION OF PREVIOUS MEETING MINUTES
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 November 26, 2007 at 7:00
p.m.
2. ROLL CALL
Present: Commissioners Larry Knox, Scott Redfearn, Michael Clardy,
David Phelps, Denis Duffy and Jeff Byerly
Absent: Commissioner Dave Dudziak
Staff Present: Chris Fuller, Ron Ruthven, Jeremy Hutt, Rob McKeown
and Amy Shelley
3. INVOCATION
The invocation was given by Commissioner Duffy.
4. PLEDGE OF ALLEGIANCE
5. APPROVAL OF MINUTES
Commissioner Byerly moved to approve the November 12, 2007 meeting
minutes with the corrections made to page 5, "in tact" to "intact"; and to
add Commissioner Byerly instead of "He stated..." to the beginning of the
Commissioner's comments section. Commissioner Knox seconded.
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The motion carried by the following vote:
Aye: 6 -Knox, Redfearn, Clardy, Phelps, Duffy, Byerly
Absent: 1 -Dudziak
6. CITIZEN COMMENTS REGARDING ITEMS NOT ON THE AGENDA
None
7. REGULAR AGENDA ITEMS
7a Consideration of a Minor Plat for Lot 1, Block 1 of the Thomas Cole
Addition on 1.9 acres out of the T.J. Polson Survey located at 4812
Bransford Road, Case P-07-051
Ron Ruthven presented the case and briefed the Commissioners.
Commissioner Duffy moved to deny case P-07-051. Commissioner
Clardy seconded.
Commissioner Byerly stated the denial is without prejudice.
The motion carried by the following vote:
Aye: 6 -Knox, Redfearn, Clardy, Phelps, Duffy, Byerly
Absent: 1 -Dudziak
7b Approval of Final Plat for the Villas of Colleyville Addition located at
931-1013 McDonwell School Road and 1100 Lavaca Trail, Case
P-07-056
Ron Ruthven presented the case and briefed the Commissioners.
Commissioner Duffy moved to approve case P-07-056 with the
amendment that the Homeowner Association annual maintenance fee
be $275 per lot. City Attorney Kallas stated it would be appropriate for
the motion to be a stated as a recommendation to City Council that the
fee be $275 per lot per year. Commissioner Phelps seconded.
Commissioner Phelps stated he has been assured that the lesser of the
two entrances has enough space for queuing and turn around.
The motion carried by the following vote:
Aye: 6 -Knox, Redfearn, Clardy, Phelps, Duffy, Byerly
Absent: 1 -Dudziak
7c Approval of the Preliminary Plat for The Reserve at Colleyville being 92
acres out of the J. Harrell Survey located in the 1000 block of Murphy
Road, Case P-07-059
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Ron Ruthven presented the case and briefed the Commissioners.
Commissioner Phelps questioned staff if the only thing that has changed
regarding the plat for this project is the phasing of the project? Ron
Ruthven replied correct, four phases have been added to the plat,
nothing else has changed.
Ron Shirley, the applicant, and Kevin Kessler, Engineer for the project,
came forward to present the case and brief the Commission.
Commissioner Redfearn questioned Mr. Shirley regarding why did the
plat, which was previously approved, expire, why was it not filed with the
County? Mr. Shirley stated they were working with staff as well as an
interlocal agreement with the City of Keller. He stated because there
were some issues with the interlocal agreement and with weather
conditions creating erosion control measures to be taken with the
adjacent properties, they just were not able to meet the deadline for filing
the plat. Mr. Kessler stated the preliminary plat that was approved did
not account for any phasing and the Land Development Code
specifically states that if the development is going to be phased, it has to
match the preliminary plat.
Commissioner Redfearn moved to approve case P-07-059.
Commissioner Phelps seconded.
The motion carried by the following vote:
Aye: 6 -Knox, Redfearn, Clardy, Phelps, Duffy, Byerly
Absent: 1 - Dudziak
7d Approval of the Final Plat for Phase I of The Reserve at Colleyville being
47 acres out of the J. Harrell Survey located in the 1000 block of Murphy
Road, Case P-07-060
Ron Ruthven presented the case and briefed the Commissioners.
Commissioner Byerly moved to approve case P-07-060. Commissioner
Knox seconded.
Commissioner Duffy questioned staff if the Homeowner Association
(HOA) documents have been filed? Ron Ruthven replied yes.
Discussion occurred between Commissioner Phelps, staff and Kevin
Kessler, the Engineer for the project, regarding the traffic flow during the
phasing stages of the development and the time frame for the
development.
Commissioner Redfearn questioned if the phases are numbered in the
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way that they will be developed? Mr. Kessler replied not necessarily,
however, they will build the lots that are listed in each phase during that
time of construction; for example, all lots listed in phase 2a or 2b would
all be built at the same time.
Discussion occurred between Commissioner Phelps and Mr. Kessler
regarding the trail system. Mr. Kessler stated the intention is to build the
trail during the phasing process, but not sure at this time how it will be
constructed.
Discussion occurred between Commissioner Phelps and City Attorney
Kallas regarding any amendments that would need to be made to the
plat for the trail system. City Attorney Kallas replied the construction of
the trail would be the developer's decision with regards to when and
where constructed.
The motion carried by the following vote:
Aye: 6 -Knox, Redfearn, Clardy, Phelps, Duffy, Byerly
Absent: 1 - Dudziak
8. PUBLIC HEARING AGENDA ITEMS
8a Consideration of a Replat for Lots 1 RA and 1 RB, Block 1 of the K.R.
Marsh Addition on 5.7 acres being Lot 1, Block 1 of the K.R. Marsh
Addition located at 2201 Oak Knoll Court, Case P-07-055
Ron Ruthven presented the case and briefed the Commissioners.
Commissioner Byerly opened the public hearing at 7:33 p.m.
Jenson Gainer, the applicant, came forward to present the case, brief
the Commissioners and state that he did not want to put his wife's
grandparents in a bind by moving the 100 year flood plain area into a
drainage easement; he is only purchasing a little over an acre from them
to build his home. He stated they have met every other requirement.
Commissioner Duffy questioned Mr. Gainer regarding how would the
labeling of the drainage easement put the property owner, the
grandparents, in a bind? Mr. Gainer stated he did not want to place a
greater restriction on the property than what is currently on the property.
Commissioner Duffy stated it would only mean a habitable house is the
only thing that could not be built. Mr. Gainer stated he did not want to
make any changes to over 2/3 of their property from the 100 year flood
plain area to a drainage easement when it is not his property to make
those changes.
Commissioner Duffy questioned staff regarding how would the labeling
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of the drainage easement put the property owners in a bind? Ron
Ruthven replied labeling the flood plain as a drainage easement would
add a few more restrictions in regards to what could be placed,
structures, in a drainage easement. He stated if the plat were to be
approved as presented with no drainage easement on the flood plain,
the property would still be subject to the City's flood ordinance.
Commissioner Duffy stated the easement gives the City access to the
land. He questioned staff if the easement is a lot more restrictive or the
same as the flood plain. Ron Ruthven replied the easement would add a
few more restrictions with regard to putting a structure in the flood plain.
Commissioner Clardy questioned Mr. Gainer regarding if the foot print of
the new house is not going in the flood plain area? Mr. Gainer replied
his house would not be in the flood plain area. He stated the flood plain
area is not actually on his property, it is on Mr. Marsh's, wife's
grandparents, property. He stated Mr. Marsh has had the same
restrictions on his property for 25 years and he stated he did not want to
put anymore restrictions on Mr. Marsh's property than what is already in
place.
Commissioner Byerly questioned Mr. Gainer if there are any plans to put
any structures in the flood plain area? Mr. Gainer replied no, not on his
land and he stated Mr. Marsh does not have any plans either. He stated
they are restricted as is.
There being no one wishing to speak, the public hearing was closed at
7:41 p.m.
Commissioner Duffy questioned staff regarding what right does the City
have to be able to gain access to the property if it floods? Ron Ruthven
replied if it is labeled drainage easement, it allows the City certain rights
to access the easement.
Commissioner Duffy questioned staff if an easement that follows the
creek bed could be labeled for clean out if the area floods? Ron
Ruthven referred to Jeremy Hutt, Engineering. Jeremy Hutt replied the
City would have to get a right of entry from the property owner to do
routine maintenance. Commissioner Duffy questioned Jeremy Hutt if
there were a drainage easement in place, would the City have to get a
right of entry? Jeremy Hutt replied no.
Commissioner Duffy stated he did not want to take 2/3 of the property,
however, he stated he does want the City to have access to the creek
bed and surrounding area because of the flooding. Jeremy Hutt stated
the Land Development Code allows the City easement for the entire
flood plain. He stated the Commission could limit it to a flood way, which
is a smaller portion of the flood plain, to be incorporated into a drainage
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easement which will encompass the creek bed that would allow for the
routine maintenance.
Discussion occurred with Commissioner Duffy and Jeremy Hutt
regarding the location of the flood way versus flood plain areas.
Commissioner Byerly stated there would need to be more engineering
done to determine those areas.
Commissioner Byerly questioned Jeremy Hutt regarding what are the
differences between what can be done with a drainage easement and
the current flood plain area, what does that gain for the City? Jeremy
Hutt replied the drainage easement gives the City a lot more authority on
what gets placed out there. He stated if there is anything to be done in
the drainage easement, there are forms to fill out that would have to be
approved through the departments. He stated if it is just a flood plain
area, not all departments would be involved.
Commissioner Redfearn questioned Jeremy Hutt regarding if the City
has ever attempted to maintain or clean anything on this property?
Jeremy Hutt stated not being aware of any on the property, he stated
being aware of things in the creek, but not sure on the exact locations.
Keith R. Marsh, the property owner, came forward and stated the City
has never been on the property to clean. He stated he has no objection
to the City going in and cleaning for drainage. He stated he does have a
severe objection to an easement being forced on him in order that he
can replat to allow for his grandson and granddaughter to build their
home. He does not agree to the property being taken and nothing being
given in return.
Commissioner Phelps questioned Mr. Gainer regarding if only the new
lot could have the drainage easement labeled on it as opposed to the
entire property? Mr. Gainer stated he did not have an issue with it, but
his lot does not contain any of the flood plain area on it. He stated he
really has not looked at it much and stated he does not fully understand
the drainage easements. He stated he would really have to looked into it
a little further.
Commissioner Phelps questioned staff if the documentation only needs
the flood plain area labeled? Ron Ruthven replied yes. Commissioner
Phelps questioned staff if that is what is currently in place? Ron Ruthven
replied the plat that is being replatted only shows the drainage
easement, he stated the original plat does not show the drainage
easement, it only shows the flood plain. Commissioner Phelps
questioned staff if the replat is what is triggering the drainage easement
requirement? Ron Ruthven replied yes, it must be brought into
compliance with the current subdivision regulations in the Land
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Development Code, with the remainder of the property and the new lot
that is being created.
Commissioner Clardy and staff discussed the location of the easement
with regards to the plat.
Commissioner Redfearn questioned staff regarding what would happen if
the whole lot were to fall in the 100 year flood plain? Ron Ruthven
replied the lot could still be platted, however, when the building permits
were issued, it would have to comply with the flood plain ordinance, it
would be one large drainage easement.
Commissioner Redfearn questioned staff if the Commission could have
the option of a flood way instead of a flood plain? Chris Fuller replied it
would be an option, which is why Jeremy Hutt was referred to earlier
regarding the differences between the flood plain and flood way.
Commissioner Duffy questioned Jeremy Hutt regarding if the flood way is
defined? Jeremy Hutt replied it is defined, but it is not included on this
plat.
Commissioner Duffy made a motion to table this item. Ron Ruthven
replied this plat can not be tabled, it must be acted upon because of the
30 day expiration.
Ron Ruthven stated the Commission can move to approve the plat with
the waiver condition attached, if the applicant agrees to it. He stated if
the Commission wants to see a drainage easement as mentioned
previously moved closer to the flood way, wherever that is, the waiver
could be approved with that recommendation, however, he stated he did
not recommend it.
City Attorney Kallas replied the Commission has the power to approve a
partial waiver, if that be a waiver for the flood plain, drainage easement
regulation and reducing that to a flood way. He stated the flood way is
defined by the flood maps of FEMA, which is available for review, and
defined by those maps in this situation. He stated it would not be a
known factor at this time, but the flood way is usually the lowest spot on
the ground, around the creek. He stated if the Commission approves the
plat, without seeing the map, and the plat needs to be acted upon today,
the Commission would be holding the approval of the flood way on the
plat up to the unknown factor.
Commissioner Duffy stated he has seen that area flood and he does not
know where the flood way area is either, or how it encroaches on the
property. He stated he would like the Commission to have some City
controlled access to the whole creek or flood way area.
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Commissioner Byerly stated the applicant is not bound to accept that.
He stated if the Commission makes that a notation on the plat, given the
waiver, the applicant can let the plat expire and not ever file the plat.
Commissioner Duffy questioned staff if the plat could be denied without
prejudice. Commissioner Byerly stated there would be not prejudice if
the plat were denied. He stated the applicant would have to agree to the
waivers or notations on the plat.
Mr. Gainer stated on all of the plans that he has seen, the flood way is
very close to the flood plain. He stated he did not have an issue with
giving access to the City on his property. He stated he would like to
research and study more about the issues regarding the flood plain,
flood way and drainage easements before agreeing to anything so that
the Commission could approve the plat.
Commissioner Knox questioned staff if a waiver could be granted for one
of the lots and not all? City Attorney Kallas replied yes, the Commission
can give a partial waiver, however, he stated not sure how it would
benefit the enforcement of the drainage easement.
Commissioner Byerly moved to deny case P-07-055. Commissioner
Duffy seconded.
Commissioner Redfearn stated this gives the applicant and the family
more time to sort through all of the options. He stated the Commission
has a willingness to honor what is needed to be done with what could be
a problem in the future.
Commissioner Byerly stated the motion to deny is not saying the
Commission is not willing to work on a compromise, however, without
having the flood way in front of the Commission now, it is better to not
move forward.
Commissioner Phelps stated being very sympathetic to land rights,
however, regulations have changed and the City is trying to protect all
people in the area. He stated gaining some access is necessary.
The motion carried by the following vote:
Aye: 6 -Knox, Redfearn, Clardy, Phelps, Duffy, Byerly
Absent: 1 - Dudziak
9.
STAFF COMMENTS, REPORTS AND DISCUSSION ITEMS
None
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10. COMMISSIONERS' COMMENTS AND REPORTS
None
11. ADJOURNMENT
The meeting adjourned at 8:08 p.m.
I hereby certify the above agenda was posted on the bulletin boards at City Hall
on Wednesday, November 21, 2007 by 5:00 p.m.
Amy Shelley, Planning and Zoning Assistant
The meeting minutes were approved on December 10, 2007.
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