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HomeMy WebLinkAboutPlanning and Zoning Commission-Minutes-5/8/2006G~~Y of PLANNING AND ZONING COMMISSION ® MEETING MINUTES -May 8, 2006 TEIGF CALL TO ORDER Chairman Duffy called the meeting to order at 7:00 p.m. ROLL CALL Present: Commissioners, Robert McCormick, Dave Dudziak, Thomas Bartkowski, John Blassingame and Denis Duffy Absent: Commissioners Mary Taylor and Jeff Byerly Barry LeBaron, Chris Fuller, Amy Shelley, Chad Bartee, Fire Chief Mike Johnston and Fire Marshal Rob McKeown from staff were present. INVOCATION The invocation was given by Commissioner Duffy PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES Commissioner Dudziak made motion to approve the April 24, 2006 meeting minutes as written. Commissioner Bartkowski seconded. The motion was approved by the following vote: Aye: McCormick, Bartkowski, Dudziak, Blassingame and Duffy Nay: None CITIZEN COMMENTS REGARDING ITEMS NOT ON THE AGENDA None REGULAR AGENDA ITEMS 1. Case P-06-022 -Minor plat for 2.01 acres on Tract 1C1A, Abstract 206 of the BBB & CRR Survey located at 312 Lloyd Circle Chris Fuller presented the case and briefed the Commissioners. Commissioner Bartkowski made motion to approve case P-06-022. Commissioner Blassingame seconded. The motion was approved by the following vote: Aye: McCormick, Dudziak, Bartkowski, Blassingame and Duffy Nay: None 2. Case P-06-023 -Preliminary plat for Heritage Oaks Addition on 22.9 acres out of the G. Minter Survey located northwest of Glade Road at Heritage Avenue Planning & Zoning Commission Minutes -May 8, 2006 Page 1 of 7 Commissioner Blassingame made motion to approve case P-06-023. Commissioner Dudziak seconded. Commissioner Duffy questioned staff regarding if construction plans for the road are available with this plat? Barry LeBaron replied this is a preliminary plat; those construction plans for the entrance on Heritage Avenue will be available with the final plat The motion was approved by the following vote: Aye: McCormick, Dudziak, Bartkowski, Blassingame and Duffy Nay: None 3. Case P-06-024 -Preliminary Plat of Lots 7 - 13, Block 1 of the Glade Points Addition, 4.02 acres in the C. Cox Survey, Abstract 352, located in the 5100 block of Heritage Avenue Commissioner Blassingame made motion to approve case P-06-024. Commissioner Bartkowski seconded. Barry LeBaron presented the case and briefed the Commissioners. Commissioner Duffy questioned staff regarding the 20 foot access required by the Fire Marshal between the buildings? Barry LeBaron replied the Fire Marshal wants the 20 foot access between the buildings because this is a commercial project since more than one building can be placed on the lot. The motion was approved by the following vote: Aye: McCormick, Dudziak, Bartkowski, Blassingame and Duffy Nay: None PUBLIC HEARING AGENDA ITEMS 4. Case Z-06-009 -PUBLIC HEARING -Request for a zoning change from AG-Agricultural to R20-Single Family Residential on 5.39 acres out of the Mary M. Freeman Survey located at 209 and 301 Bandit Trail Chris Fuller presented the case and briefed the Commissioners. Commissioner Duffy opened the public hearing at 7:20 P.M. There being no one wishing to speak, the public hearing was closed at 7:20 P.M. Commissioner Duffy made motion to approve case Z-06-009. Commissioner Blassingame seconded. Commissioner Bartkowski questioned staff regarding the zoning in this area? Barry LeBaron replied these properties are all single family residential in nature. Commissioner McCormick questioned staff regarding if any letters in opposition have been received regarding this request? Chris Fuller replied no letters have been received. Planning & Zoning Commission Minutes -May 8, 2006 Page 2 of 7 The motion was approved by the following vote: Aye: McCormick, Dudziak, Bartkowski, Blassingame and Duffy Nay: None 5. Case Z-06-011- PUBLIC HEARING -Request for a zoning change from AG-Agricultural and R40-Single Family Residential to R20-Single Family Residential and R30-Single Family Residential on 20.15 acres from Lots 2 and 3, Block 1 of the Lavaca Trail Addition and W.C. Newton Survey located at 909 and 1009 Lavaca Trail and 908 L.D. Lockett Road Chris Fuller presented the request and briefed the Commissioners. Commissioner Duffy opened the public hearing at 7:20 P.M. Jenny Oswald, 5841 Crescent Lane, spoke in opposition to the rezoning request with issues of the placement of the proposed street and drainage. Mark Zebrowski, 5834 Crescent Lane, spoke in opposition to the rezoning request with issues of the placement of the proposed street and drainage. Leslie Zebrowski, 5834 Crescent Lane, stated having issues with the placement of the street with it being used as a thoroughfare. Ed Clark, 6016 Sterling Drive, stated having issues with drainage and safety with increased crime in the area because of the street. He stated there are problems with drainage in the Emerald Park addition. Mark Christman, 5825 Crescent Lane, stated not against the rezoning of the property to residential but is against the proposed street, there should not be a cut through. He stated having concerns for drainage and safety of the street. Scott Sprawls, 5903 Crescent Lane, stated having issues with drainage. He stated having issues with the placement of the proposed street, crime, and the potential cut through use of the street. He stated his bedroom would be really close to the street and does not want it. Vernon Pereira, 5842 Crescent Lane, stated having issues with drainage and the possible noise, crime, speed and safety for children on bikes. Mark Robbins, 5907 Crescent Lane, spoke in opposition to the rezoning request with concerns for crime, noise, traffic and drainage. AI Grassi Sr., 6005 Sterling Drive, spoke in opposition to the rezoning request with concerns for drainage, traffic, noise and crime. However, he stated not being opposed to the rezoning request, just the way the subdivision is designed. Judy Ruggere, 1013 West Lavaca Trail, stated not having issues with the rezoning request to residential, however, she stated having issues with the drainage in the area. She stated there needs to be a water plan in place to be able to accommodate all of the water in the area. She stated at times, the water is knee deep over six acres. Prince Panchal, 6024 Sterling Drive, stated having concerns for drainage, safety and crime. He stated wanting the subdivision to be a gated community. Planning & Zoning Commission Minutes -May 8, 2006 Page 3 of 7 John Moody, 5935 Crescent Lane, stated having the same concerns as his neighbors. He stated having concerns for safety for his small children. Jeff Zimmerman, 501 Lavaca Trail, stated having issues with drainage, noise on the street and the smaller lot design. Robert Clouse, buying 5927 Crescent Lane, stated having issues in regards to the placement of the street and noise. He stated a proposed road was not discussed at the time we put a down payment of this home. We are willing to loose our money if the street goes in. There being no one wishing to speak, the public hearing was closed at 7:50 P.M. Commissioner Duffy questioned staff regarding how the 20 percent is calculated? Chris Fuller explained the process for calculating the 20 percent per state law. Commissioner Bartkowski questioned staff if the code requires streets to have two tiers of lots on each side of the street? Barry LeBaron replied correct and it would be an issue at the time of platting. It would create double frontage lots for those lots that are in Emerald Park and this would be a very bad urban design. However, that issue would be addressed during the platting process. Commissioner Bartkowski stated this could be a zoning issue because this type of density could not support the zoning? Barry LeBaron stated having to look at this project to see if there is enough land packaged together to be able to give the developer the density or would we be approving a poor design because of the minimal amount of property. The Emerald Park addition at least is wide enough to be able to have two good streets in there and have enough land for those lots. Commissioner Bartkowski questioned if the dead end street is allowed in Colleyville? Barry LeBaron replied when meeting with the developer staff suggested having a stub out for a road so that in the future connections or extensions could be made with other streets to have circulation. Commissioner Bartkowski questioned staff if the density is too much for this area because of the drainage issues, would the drainage support the density? Barry LeBaron replied drainage is a function of platting not zoning; therefore those issues would be discussed and solved during the platting process. Commissioner Dudziak concurred with Commission Bartkowski regarding the density of this project is a zoning issue. Ed Kellie, Kellie Engineering, 200 Rufe Snow Drive North, Keller, and Dan Bryson, partner with the development. Mr. Kellie stated being open to revise the conceptual plan in regards to drainage. He stated they have met with Emerald Park residents. He stated having an appointment with Robert Woods, city engineer, regarding the drainage and design features of the proposed project. Commissioner Dudziak questioned Mr. Kellie regarding how would he handle the double frontage lots? Mr. Kellie stated looking at cul-de-sacs, but he will have to work with the engineering and fire departments for him to be able to design an Planning & Zoning Commission Minutes -May 8, 2006 Page 4 of 7 addition that would satisfy the community and the city. He stated being aware of the concerns of the neighbors. Commissioner Duffy questioned Mr. Kellie if he has spoken with Larry Cole, the developer for Emerald Park, regarding the drainage issues? Mr. Kellie stated not haven spoken with Larry Cole regarding the drainage issues. He stated the drainage in Emerald Park appears to not be functioning to the full capacity. Commissioner Duffy stated being disappointed because there is not a drainage plan. Mr. Kellie stated Emerald Park's drainage was built to accept the drainage for the area. Commissioner Duffy made motion to deny case Z-06-011. Commissioner Blassingame seconded. Commissioner Dudziak questioned staff regarding what are the applicant's choices now that Planning and Zoning has recommended denial? City Attorney Matthew Boyle replied the applicant has two options, they can appeal to City Council or they can work with staff and come back with an alternative and revised plan that would be permissible in accordance with the code. Commissioner Dudziak questioned if there is any time frame? Barry LeBaron replied the applicant has ten days to appeal to City Council. The motion was approved to deny by the following vote: Aye: McCormick, Dudziak, Bartkowski, Blassingame and Duffy Nay: None TABLED ITEMS 6. Case Z-06-003 -PUBLIC HEARING -Request for a zoning change from AG -Agricultural to R20 -Single Family Residential on 3 acres on Lot 1, Block 1 of the Wilson Estates Addition located at 1304 Tinker Road Commissioner Bartkowski made motion to remove case Z-06-003 from the table. Commissioner McCormick seconded. The motion to remove from the table was approved by the following vote: Aye: McCormick, Dudziak, Bartkowski, Blassingame and Duffy Nay: None Chris Fuller presented the request and briefed the Commissioners. Commissioner Duffy questioned staff regarding what the property to the right of the rezoning request is currently zoned? Chris Fuller replied R20. Commissioner Duffy opened the public hearing at 8:18 P.M. Michael Dotti, 1310 Tinker Road, the applicant came forward to present the request and brief the Commissioners. Commissioner Duffy questioned Mr. Dotti regarding where he currently lives? Mr. Dotti replied at 1310 Tinker Road, to the right adjacent to the property to be rezoned. Commissioner Duffy stated being concerned about selling the two lots in the future, how would you gain access to them? Mr. Dotti replied being able to access from his Planning & Zoning Commission Minutes -May 8, 2006 Page 5 of 7 property. He stated not having plans to develop in the future. Commissioner Blassingame questioned the applicant using the drawings, where he resides? Mr. Dotti used the drawings to explain where he lives. There being no one wishing to speak, the public hearing was closed at 8:21 P.M. Commissioner Dudziak made motion to approve case Z-06-003. Commissioner Bartkowski seconded. The motion was approved by the following vote: Aye: McCormick, Dudziak, Bartkowski, Blassingame Nay: Duffy 7. Case Z-06-006 -PUBLIC HEARING -Request for a Special Use Permit for an accessory building and a carport on Lot 3, Block 2 of the Apple Valley Addition located at 5105 Apple Valley Commissioner Blassingame made motion to remove case Z-06-006 from the table. Commissioner Bartkowski seconded. The motion was approved by the following vote: Aye: McCormick, Dudziak, Bartkowski, Blassingame and Duffy Nay: None Chris Fuller presented the request and briefed the Commissioners. Commissioner Duffy opened the public hearing at 8:26 P.M. Frank Manzare, 5105 Apple Valley, the applicant, came forward to present the request and brief the Commissioners. Commissioner Dudziak questioned Mr. Manzare regarding the height of the building skirting will be? Mr. Manzare replied about eight feet, the vehicle will not be seen by the neighbors because of the fence and the skirting that will be around the building. Mr. Manzare presented examples regarding the materials used for the building. Commissioner Duffy questioned Mr. Manzare regarding if he has talked with the neighbors? Mr. Manzare stated not since the last meeting, he stated they talked after the meeting. Mr. Manzare stated being satisfied with what staff has recommended. There being no one wishing to speak, the public hearing was closed at 8:31 P.M. Commissioner Blassingame made motion to approve case Z-06-006 with staff's recommendations: a. The accessory building may not exceed 1,600 square feet. b. Ten (10) photinias placed on four (4) foot centers between the proposed accessory building and the property line. c. The location of the accessory building and carport shall be consistent with the site plan attached as Exhibit "D" in the draft ordinance. d. The building elevations shall be consistent with the drawing attached as Exhibit "C" in the draft ordinance. Planning & Zoning Commission Minutes -May 8, 2006 Page 6 of 7 e. The accessory building shall not be used for commercial purposes. f. The carport elevations shall be consistent with the drawing attached as Exhibit "B" in the draft ordinance. Commissioner McCormick seconded. Commissioner Dudziak stated not being comfortable approving this structure as one building. The motion was approved by the following vote: Aye: McCormick, Bartkowski, Blassingame and Duffy Nay: Dudziak STAFF COMMENTS. REPORTS AND DISCUSSION ITEMS Commissioner Duffy stated when the Longwood Development was approved; a south bound left turn lane was approved, but it is not there. Chad Bartee replied that turn lane is still in the plans. Commissioner Duffy questioned if it is planned right away or after the reconstruction of SH26? Chad Bartee replied right now. Commissioner Duffy questioned staff regarding how can it be made safer for people until the turn lane is approved? Barry LeBaron replied working with the developer to correct the issue until the turn lane is installed. Commissioner Dudziak stated the project was approved because the turn lane would be done prior to the project being opened. Barry LeBaron replied when working with TX Dot, you work at their speed, but it is in the process. Commissioner Dudziak questioned staff if the project is being delayed because of the turn lane? Barry LeBaron replied no, they are moving forward. Commissioner Duffy stated wanting staff to keep reporting to the Commission regarding the development. COMMISSIONERS' COMMENTS AND REPORTS Commissioner Dudziak stated wanting to bring the Commissioners up to date regarding a phone call he received from a resident who lives behind the Hodges property. The resident seems to believe that there is an additional business being operated on the Hodges property. Commissioner Dudziak stated wanting staff to look in to the situation to see if that is the case because when Hodges was approved for the business, he had certain areas on his property that he could operate those businesses. Commissioner Dudziak stated being disappointed that there is not enough staff to look in to the situation before it got out of control. ADJOURNMENT The Commission adjourned the meeting at 8:36 pm by acclamation. Respectfully Submitted, Amy Shelley Planning and Zoning Assistant Approved on: May 22, 2006 Planning & Zoning Commission Minutes -May 8, 2006 Page 7 of 7