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HomeMy WebLinkAboutPlanning and Zoning Commission-Minutes-2/14/2005C~~Y of Texas PLANNING AND ZONING COMMISSION MEETING MINUTES -February 14, 2005 CALL TO ORDER Chairman Byerly called the meeting to order at 7:00 p.m. ROLL CALL Commissioners Thomas Dolan, Dave Dudziak, Thomas Bartkowski, Luann Edwards, John Blassingame, Denis Duffy and Jeff Byerly were present. Barry LeBaron, Chris Fuller, Amy Shelley, Robert Woods and Jeff Jones from staff were present. INVOCATION The invocation was given by Commissioner Byerly. PLEDGE OF ALLEGIANCE Commissioner Byerly introduced and welcomed Chris Fuller, the new Development Coordinator for the City of Colleyville to the Commissioners. APPROVAL OF MINUTES Commissioner Edwards recommended to staff to add more information to paragraph two on page one of the January 24, 2005 meeting minutes to reflect additional information provided on the usage of the drainage map. Commissioner Edwards moved to approve the minutes of the January 24, 2005 meeting with the amendments. Commissioner Duffy seconded. The motion was approved by the following vote: Aye: Dolan, Dudziak, Bartkowski, Edwards, Blassingame, Duffy and Byerly Nay: None CITIZEN COMMENTS REGARDING ITEMS NOT ON THE AGENDA None REGULAR AGENDA ITEMS 1. Case P-05-004 -Final plat for Cambridge Place Addition, 9.181 acres on Lot 4R, Block 1, Centerpark Addition located south of Centerpark Drive, east of Colleyville Boulevard Planning & Zoning Commission Minutes - Februray 14, 2005 Page 1 of 11 Barry LeBaron presented the case and briefed the Commission. Commissioner Edwards questioned if all comments have been addressed and is this plat the most current? Javier Jaramillo, the applicant's engineer, responded this plat is the most current. With regards to the street name, we are waiting to get something approved. Commissioner Edwards questioned if the base floor and flood elevations have been addressed because there is not any information pertaining to either. Mr. Jaramillo responded the base floor and flood elevations are still being processed and we will have that information to Mr. Woods, City of Colleyville Engineer, on Thursday, February 17, 2005. Commissioner Edwards questioned if those numbers will be shown on the plan? Mr. Jaramillo responded yes. Commissioner Edwards questioned if some of the issues such as the water flooding were resolved? Mr. Jaramillo responded yes, we are working with the current Lomor plans and are going to show those cross sections of water. Commissioner Edwards questioned staff when this case is going to City Council? Barry LeBaron stated on March 1, 2005. Commissioner Edwards questioned staff what will happen if these issues are not addressed? Barry LeBaron responded this case will not go to city council. Commissioner Edwards questioned if the Commission can still pass this plat? Barry LeBaron responded this plat can be approved subject to the conditions stated. Commissioner Duffy questioned Mr. Jaramillo if the packet is complete and have all issues, required by our engineering department, been addressed? Mr. Jaramillo stated the engineer packet has taken a little longer to complete but it will be complete and provided on Thursday. Commissioner Duffy stated all documents should be in order at the final plat stage; however, there are not any water lay out designs, sanitary sewer, or any elevation drawings provided. During the November 8, 2004, meeting questions were asked to be addressed and there has not been any response made to any of those issues. Don Rankin, Civil Engineer, Jones and Boyd, stated staff made recommendations on storm water drains and that is what remains to be finalized. The base flood line, adjacent to the plat, has been delineated per the Lomor December 2004. This represents the FEMA recommendations. Once we have graded the site, all lots will be two foot above the flood plain. We still need to provide that information to Mr. Woods. Commissioner Duffy questioned the water impact on the existing wall for this development? Mr. Rankin responded there are no net changes in the numbers to the base flood elevation with the current flood model and new cross sections. Commissioner Duffy questioned if there is adequate drainage for the water that comes from Colleyville Boulevard down across this property to the creek? Mr. Rankin responded as far as grading, we have done what needs to be done for the water coming across our property. Commissioner Duffy questioned after having placed the two foot pad elevation, where is the water projected to drain down, through this lower loop shown on the plat? (At this point, can not take notes due to not being able to hear. The applicants Planning & Zoning Commission Minutes - Februray 14, 2005 Page 2 of 11 are not speaking into the mic.). Commissioner Duffy stated at the November 8, 2004, meeting a question was asked about, while you will not increase the numbers of the 100 year flood, what is your ~" increase flow affect to the downstream property owners? Commissioner Duffy stated wanting to know so that city does not become liable for the increase in water to those properties down stream. Mr. Rankin responded the city ordinance allows the release of water into detention. (At this point, can not take notes due to not being able to hear. The applicants are not speaking into the mic.) Mr. Rankin stated we have only increased the water by a slightly greater number than a single family home would create, run off will be slightly higher, not much. It has been our understanding that working with staff, because this project is so close to the flood way, this water run off will be out of the way of the new water coming downstream, therefore no threat of flooding will be created down stream. Barry LeBaron stated the 100 year flood plain lines have been established by FEMA with a fully developed basin. Barry LeBaron concurred with having met with staff, Robert Woods and Keith Fisher, this water would be out of the way before the water upstream came down, therefore not requiring detention. Commissioner Edwards stated understanding this not affecting the area in the flood plain; she is concerned about the flooding down stream because of already having inadequate bridges and areas already prone to flooding. Commissioner Dudziak questioned staff about the lots along the south side; will all of those lots drain to the creek? If so, wouldn't that area behind those lots be considered a drainage easement? Barry LeBaron responded area is already a flood plain. Commissioner Dudziak questioned whether or not that open space would be considered open space or a drainage easement? Barry LeBaron responded, a drainage easement on this particular project. Mr. Rankin stated the easement ends at the open space lot and city staff can determine needing a drainage easement on the open space lots. Commissioner Dudziak questioned if the drainage area is calculated in the open space percentage? Mr. Rankin stated this is what was agreed upon during the PUD zoning. Commissioner Dudziak stated at this point nothing has been agreed upon. Barry LeBaron stated this plat is consistent with the preliminary plat and the zoning exhibit that was included in the zoning process to show the lot configuration, there are no inconsistencies. Commissioner Dudziak stated the PUD does not allow open space to be used as a drainage easement. Barry LeBaron responded the ordinance that establishes this PUD does allow for open space to be used for drainage. Commissioner Duffy questioned applicant about lot 16, is there enough room to build a house on that lot even with the drainage easement? Mr. Rankin stated there is enough room to build a house on that lot because of the space in front. Commissioner Edwards questioned if any improvements are being planned for the open space? Mr. Dan Quinto, 602 Northwood Trail, Southlake, the developer, Planning & Zoning Commission Minutes - Februray 14, 2005 Page 3 of 11 responded a landscape plan is included in your packet. Commissioner Edwards questioned if landscaping is all that is planned? Mr. Quinto responded correct. Commissioner Edwards questioned if benches would be used? Mr. Quinto responded no, no benches. Commissioner Dudziak questioned if the trees along the easement are all new plantings? Mr. Quinto replied they are not new trees, they are existing trees. Commissioner Dudziak questioned who will maintain or mow the area behind the fence? Mr. Quinto stated the strip between rear fence and trees would be mowed by the Homeowner's Association. Commissioner Dudziak questioned staff responded there would be a five foot homebuilders will be responsible to build a lot. about sidewalks? Barry LeBaron sidewalk along Centerpark and the five foot along the inner street on each Commissioner Edwards stated the ordinance does not require the south side interior street to have sidewalks. Commissioner Dudziak concurred with Commissioner Edwards, yet in the Development Review Committee letter, it states they are not required. Barry LeBaron stated the PUD ordinance requires sidewalks along each lot and the home builder will build it. Commissioner Edwards questioned staff that since this plat was passed by City Council, the Commission will have to approve? Barry LeBaron replied you may deny or table, but this request will still be in front of you in two weeks. Commissioner Blassingame questioned staff if the developer has addressed all comments necessary to approve this plat? Barry LeBaron stated you may approve this plat with the understanding to the developer that these issues or items will need to be addressed before approval. Commissioner Byerly stated the Commission could table this item and push it back two weeks. Barry LeBaron suggested tabling this request until additional information is received, or deny the request. Commissioner Edwards questioned staff they could deny? Barry LeBaron replied yes, but it will be back in two weeks. Commissioner Edwards stated tabling would not really help in two weeks; the applicant has, technically, met all requirements. Commissioner Byerly stated with having some inconsistencies, to table would not be out of line of the Commission. Commissioner Duffy replied the developer has not read the November 8, 2004 minutes and didn't address our questions to satisfy all issues. Mr. Quinto stated apologies to Commissioners for not having all issues addressed. He thought they were resolved on all issues and will have these items corrected. Commissioner Dolan stated to staff, in the Land Development Code, open space is for leisure and recreational purposes to be used by all residents. The open space in this project is not usable by the people purchasing these lots. Mr. Quinto stated the Planning & Zoning Commission Minutes - Februray 14, 2005 Page 4 of 11 open spaces are to add beauty to the development. It is not the intent to have open parks, only natural areas. Commissioner Duffy questioned the applicant the price of the proposed home? Mr. Quinto replied $450,000. These homes would be the same kind that is in the Riverwalk project, patio homes. Commissioner Duffy questioned if there are any demographics. Mr. Quinto stated in the 23 homes, there is one adult child, and the average age is over 50. Commissioner Edwards stated to applicant that age and children are not something that can be controlled. Mr. Quinto replied correct right. They can not control age and children but these houses are not structured for families. These homes are predominantly two -three bedrooms and living areas are predominating, there are no play rooms. They will accommodate the leisure lifestyle. Commissioner Edwards questioned if they will be handicap accessible? Mr. Quinto replied, yes they could be modified. Commissioner Edwards questioned if there will be spec homes or individual homes built? Mr. Quinto responded individual lots will be purchased. Commissioner Dudziak stated some park benches would be nice. Mr. Quinto stated we can add some if necessary. He wanted to do a gazebo, but some builders stated it would never be used. He stated not having any preference, but if the Commission feels it is important, he can do so. He is only going by what the people, who are selling the homes, are stating. Commissioner Byerly stated having compassion about open space, this open space meets the requirements and it is what we have allowed in the past. Commissioner Byerly moved to table Case P-05-004. Commissioner Bartkowski seconded. The motion was tabled by the following vote: Aye: Dolan, Dudziak, Bartkowski, Edwards, Blassingame, Duffy and Byerly Nay: None 2. Case P-05-005 -PUBLIC HEARING - Replat of Lot 1, Block 1, Cooper Addition and Tract 4E1A of Abstract 295 of the William Crook Survey Barry LeBaron presented the case and briefed the Commission. Commissioner Edwards questioned if the Right of Way (ROW) on John McCain was tied to the west side of the street? Barry LeBaron responded that the ROW is taken from somewhat the center of the street. Commissioner Edwards questioned staff if they know where the new street will be? Barry LeBaron responded Mr. Draper has dedicated his half of a 75 ROW, which would be about 37 'h feet and his frontage varies. Commissioner Edwards questioned staff if a 16 foot utility easement is required? Barry LeBaron responded, normally a 7'/Z foot utility easement is needed but for a lot this deep, staff suggested a 16 foot utility easement, in order to have enough room to bring in proper equipment to do repairs or work. Commissioner Byerly opened the public hearing at 7:58 pm. Planning & Zoning Commission Minutes - Februray 14, 2005 Page 5 of 11 There being no one wishing to speak, the public hearing was closed at 7:58 pm. Commissioner Duffy moved to approve Case P-05-005. Commissioner Dolan seconded. The motion was approved by the following vote: Aye: Dolan, Dudziak, Bartkowski, Edwards, Blassingame, Duffy and Byerly Nay: None 3. Case Z-05-004 -PUBLIC HEARING -Zoning change from R20 to PUD-R on 1.898 acres of Abstract 1176, Tracts 1A3, 1A3A & 1A3B of the J.J. Newton Survey located at 5612 Bransford Road Barry LeBaron presented the case and briefed the Commission. Commissioner Bartkowski questioned staff if the turning radius on the cul-de-sac meets the requirements for fire access? Barry LeBaron responded not with the pavement section, however, the Fire Marshal is available to answer those types of questions. Jeff Jones, Fire Marshal, stated needing a 100 foot clear turning radius on the outside and a 35 foot inside, this does not meet those requirements. The apparatus requires an additional overhead 14 foot clearance. The developer stated wanting to preserve those trees, yet in doing so, there would not be enough clearance to get through those two back lots. Commissioner Duffy questioned Fire Marshal how would equipment get down to those lots? Jeff Jones responded having to park on Bransford road to access those lots. Commissioner Duffy stated because it is a 180 foot drive, the fire department would really have to pump the truck to get water down there, correct? Jeff Jones replied correct and not only to provide fire protection, but also access for an emergency vehicle and access would still require the same overhead clearance. Commissioner Byerly questioned staff the differences between private street and public street requirements? Barry LeBaron replied the street would have to be built to city standards. Commissioner Byerly questioned if in the Master Plan, is the intention to keep Bransford with estate lots? Barry LeBaron stated many citizens want to preserve the rural atmosphere and keeping the estate type developments on those collector streets would be consistent with the Master Plan. Commissioner Bartkowski questioned staff if under the current PUD ordinance, a private drive needs to have 20 lots? Barry LeBaron stated correct. Commissioner Duffy questioned staff about sidewalks and easements for Bransford? Barry LeBaron stated the provisions of the Land Development Code would take precedence over this development and the developer has not stated anything about sidewalks. Commissioner Duffy questioned staff about easement dedication along Bransford? Barry LeBaron stated '/Z of 75 feet would be required for dedication at the time of platting. Planning & Zoning Commission Minutes - Februray 14, 2005 Page 6 of 11 Commissioner Byerly opened the public hearing at 8:10 pm Ocie Vest, applicant and Civil Engineer representing the Wyatt Family Trust, briefed the Commissioners about the request. Mr. Vest stated the PUD-R zoning would give more flexibility for this development. Commissioner Duffy questioned applicant about the structural strength of the street? Mr. Vest stated this street would meet all city requirements for a public street except for the width. It will allow for a dead end fire lane at 180 feet. Commissioner Duffy questioned the applicant if the dedication of easement is 37 '/2 feet from the apparent center line of Bransford? Mr. Vest responded, at this time, not sure about where easement dedication is but will know once the survey is completed at platting. Commissioner Byerly questioned the applicant how these yards, under this plan, would equal or exceed the size for R20 when the proposed lot sizes are 18, 000 square feet and R20 requires 20,000 square feet? Mr. Vest replied the lots are under the requirements for an R20, but over the lot requirements for a PUD. Mr. Vest stated these two front homes would face Bransford Road and would have the estate feel as what is desired in the Master Plan and these homes would look good from all four sides. Commissioner Bartkowski questioned Jeff Jones if it is possible to train crews to drive down and back out of this 180 foot drive? Jeff Jones replied having to back out on to Bransford Road, which would be an issue; not only the backing out issue, but also the tree trimming issue. It will be great in the beginning of this development but who is to say 10 years down the road these trees will still be maintained? The resources are not available to enforce no parking on the street; and in order to get back to those two homes, when people are parking on the street, are nearly impossible. If the developer does put in an additional fire hydrant like is being proposed, he will have to have a utility easement as well. Commissioner Dudziak questioned how would it be possible to fight those structure fires? Jeff Jones replied having to park on Bransford and drag hose. Jeff Vanderpool, 601 Shelton Drive, spoke in opposition to this request with regards to wanting to keep the rural feel. Dinah Stephens, 612 Shelton Drive, spoke in opposition to this request with regards to wanting to keep the rural feel and concerns for the fire department. Mark McCrary, 5700 Winnie Drive, spoke in opposition to this request and submitted written opposition. He stated having 85% of frontage on Bransford Road and wants to keep the rural feel of the neighborhood. Mr. McCrary does not want the higher density. Twyla Kerlee, 800 Shelton Drive, spoke in opposition to this request in regards to the density. Wade Evans, 800 Shelton Drive, spoke in opposition to this request in regards to the density. Paul Kramer, 312 White Drive, spoke in opposition to this request wants to keep the Planning & Zoning Commission Minufes - Februray 14, 2005 Page 7 of 11 rural area and open space. James Day, 805 Shelton Drive, spoke in opposition to this request. There being no one wishing to speak, the public hearing was closed at 8:46 pm. Commissioner Bartkowski commended the developer for wanting to save all the trees that could be possibly saved, however, it would not be very comforting to a homeowner who's home just burnt because the fire truck could not get to their home. The fire marshal has already stated having issues. Commissioner Byerly concurred with Commissioner Bartkowski and does not think this is conducive for this area. Mr. Vest responded that most the issues brought forth are platting issues and will be addressed at that time. He stated wanting to meet all the requirements of the city and fire department. Commissioner Duffy made motion to deny Case Z-05-004. Commissioner Dudziak seconded. The motion was denied by the following vote: Aye: Dolan, Dudziak, Bartkowski, Edwards, Blassingame, Duffy, Byerly Nay: None 4. Case Z-05-005 -PUBLIC HEARING -Request by Bill and Kim Nash for an SUP of an accessory building on Lot 5, Block 3, Rustic Oaks Addition, located at 5512 Valley View Dr. W. Barry LeBaron presented the case and briefed the Commissioners. Commissioner Bartkowski questioned the dimensions on the building? Barry LeBaron replied 36 x 40 which would make the building 1,440 square foot, the Commissioners may want to clarify this inconsistency for the ordinance. Commissioner Blassingame questioned staff if there are any materials required for the construction of this building. Barry LeBaron stated none. Commissioner Byerly questioned staff, for clarity, the only reason the applicant is requesting this special use permit is because the size of the building for this lot is over the allotted size? Barry LeBaron replied correct. The applicants are allowed 1,000 square feet but are requesting 1,400 square feet. The applicants could build a 1,000 square foot building and only have to get a building permit. Commissioner Duffy questioned staff if the placement inconsistencies on the briefing and the drawing are typos? Barry LeBaron replied staff called the applicant and suggested moving the building over two feet because of the height of the building. Commissioner Duffy stated having concerns with the materials to be used, the appearance of a five car garage and the placement of the building. The building needs to be behind the home. Commissioner Byerly opened the public hearing at 9:00 pm. Kim Nash, 5512 Valley View Drive West, the applicant presented the request and Planning & Zoning Commission Minutes - Februray 14, 2005 Page 8 of 11 briefed the Commissioners. Mrs. Nash stated the previous building had to be torn down because of faulty construction; it was an eye sore and unsafe. She stated needing the additional space for storage. The building will not be able to be seen from the street since it will be moved over two more feet. The building will only be a three car garage. I have neighbors who are in favor of our building. Commissioner Edwards questioned the applicant if bricking the front of the building was an option. Mrs. Nash replied she had checked with the city first about the restrictions, and bricking was not a requirement. Commissioner Bartkowski questioned the applicant about the size of the previous building? Mrs. Nash replied it was 1, 050 square feet but was not constructed properly. Commissioner Byerly questioned the applicant about the size of the building requested? Mrs. Nash responded 1, 400. Tom Beard, 5508 Oak Hills Drive, spoke in favor of the building but spoke in opposition of the materials to be used to construct the building. There being no one wishing to speak, the public hearing was closed at 9:10 pm. Commissioner Edwards questioned where exactly Mr. Beard lives to this property. Mr. Beard stated this property backs up to the neighbors back fence and the neighbors are across the street from us. Commissioner Duffy questioned staff if the Commissioners can allow them to build the 1,400 square feet or do the applicants need to go before the ZBA? Barry LeBaron replied, according to code, they are required the get a special use permit approved by the Planning and Zoning Commission and City Council. Commissioner Duffy questioned the applicant if she could put a brick facade on the front? Mrs. Nash replied no, we do not have the funding for the brick. Commissioner Edwards stated according to code, she would only have to apply for a building permit if she were to build a 1, 000 square foot building. Barry LeBaron replied correct. Commissioner Bartkowski stated having concerns with the size of the building requested. Commissioner Byerly stated none of the surrounding neighbors had an issue with this request. Commissioner Edwards stated a three car garage is pretty common in Colleyville. Commissioner Dolan stated the materials for this building are of good quality and there are not any requirements, in the code, on the materials to be used to construct this building. Commissioner Byerly made motion to approve Case Z-05-005. Commissioner Dolan seconded. The motion was approved by the following vote: Planning & Zoning Commission Minutes - Februray 14, 2005 Page 9 of 11 Aye: Dolan, Edwards, Blassingame, Byerly Nay: Dudziak, Bartkowski, Duffy STAFF REPORTS Barry LeBaron reminded Commissioners about the workshop for Monday, February 21, 2005. COMMISSIONER COMMENTS Commissioner Dudziak stating needing a copy of the PUD ordinance for Cambridge Place and needing the Home Occupation readings for the workshop. Commissioner Edwards stated wanting to get ahead of issues of Home Occupation regulations. Commissioner Byerly stated needing to look at accessory building materials. ADJOURNMENT The Commission adjourned the meeting at 9:30 p.m. by acclamation. Respectfully Submitted, Amy Shelley Planning and Zoning Assistant Approved on: February 28, 2005 Planning & Zoning Commission Minutes - Februray 14, 2005 Page 10 of 11