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HomeMy WebLinkAboutPlanning and Zoning Commission-Minutes-11/26/2007,. ,. 100 Main Street ~~~~ City of Colleyville Coll (81'7) 03X1000 034 `y"~y , Minutes -Final www.colleyville.com ~:..:,; 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. City of Colleyville Page 1 Printed on 12/11/2007 Planning and Zoning Commission Minutes -Final November 26, 2007 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 City of Colleyville Page 2 Printed on 12/11/2007 Planning and Zoning Commission Minutes -Final November 26, 2007 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 City of Colleyville Page 3 Printed on 12/11/2007 Planning and Zoning Commission Minutes -Final November 26, 2007 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 City of Colleyville Page 4 Printed on 12/11/2007 Planning and Zoning Commission Minutes -Final November 26, 2007 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 City of Colleyville Page 5 Printed on 12/11/2007 Planning and Zoning Commission Minutes -Final November 26, 2007 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 City of Colleyville Page 6 Printed on 12/11/2007 Planning and Zoning Commission Minutes -Final November 26, 2007 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. City of Colleyville Page 7 Printed on 12/11/2007 Planning and Zoning Commission Minutes -Final November 26, 2007 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 City of Colleyville Page 8 Printed on 12/11/2007 Planning and Zoning Commission Minutes -Final November 26, 2007 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. City of Colleyville Page 9 Printed on 12/11/2007