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HomeMy WebLinkAboutPlanning and Zoning Commission-Minutes-4/13/2009City of Colleyville City Hall . ~+ ~ ,, 100 Main Street ' ~~nl~~`~~~- ~ Colleyville, Texas 76034 Minutes -Final 817.503.1000 ' ' ~" www.colleyville.com Planning and Zoning Commission Monday, April 13, 2009 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 7:00 P.M. REGULAR MEETING 1. CALL TO ORDER The Planning and Zoning Commission meeting of the City of Colleyville was called to order by Chairman Byerly on April 13, 2009 at 7:00 p.m. 2. ROLL CALL Present: Commissioners Larry Knox, Dave Dudziak, Scott Redfearn, Ron Rotthaus, David Phelps and Jeff Byerly Absent: Commissioner Michael Clardy Staff Present: Ron Ruthven, Justin Bass, Jeremy Hutt, Jennifer Fadden and Amy Shelley 3. INVOCATION The invocation was given by Commissioner Phelps. 4. PLEDGE OF ALLEGIANCE 5. APPROVAL OF MINUTES Commissioner Phelps moved to approve the March 23, 2009 meeting minutes with the correction on page 4, paragraph 5, to strike "he did". Commissioner Rotthaus seconded. City of Colleyville Page 1 Printed on 5/12/2009 Planning and Zoning Commission Minutes -Final April 13, 2009 The motion carried by the following vote: Aye: 6 -Knox, Dudziak, Redfearn, Rotthaus, Phelps, Byerly Absent: 1 -Clardy 6. CITIZEN COMMENTS REGARDING ITEMS NOT ON THE AGENDA None 7. REGULAR AGENDA ITEMS 7a Reconsideration of a request for a waiver of the construction or escrow of funds for sidewalks on Lot 1, Block 1 of the Janice Estates Addition located at 1708 Oak Knoll Dr., Case GC09-003 Commissioner Byerly moved to reconsider case GC09-003. Commissioner Phelps seconded. The motion carried by the following vote: Aye: 6 -Knox, Dudziak, Redfearn, Rotthaus, Phelps, Byerly Absent: 1 -Clardy Justin Bass presented the case and briefed the Commissioners. John and Danielle Arnett, property owners and applicant, came forward to present the case and brief the Commissioners. Commissioner Dudziak questioned the Arnetts regarding if they knew there would be a sidewalk required? Mrs. Arnett replied knowing that they would have to come before the Commission to ask for a waiver since all of their neighbors have gotten waivers to the sidewalk requirement. Commissioner Redfearn questioned staff regarding who decides/defines the option to escrow? Justin Bass replied the Commission decides/defines the option. Commissioner Phelps questioned staff, for clarity, who decides/defines the option to escrow? Ron Ruthven replied the homeowner can either decide to escrow the money or construct the sidewalk. He stated in this instance, the homeowner does not want to do either. Commissioner Phelps stated this escrow could be used in some other location within the neighborhood district or on this street. Ron Ruthven concurred. Commissioner Byerly stated the Commission needs to rely on the Sidewalk Committee with regards to their recommendations on the sidewalk map. City of Colleyville Page 2 Printed on 5/12/2009 Planning and Zoning Commission Minutes -Final April 13, 2009 Commissioner Byerly moved to deny case GC09-003. Commissioner Dudziak seconded. Commissioner Phelps stated being in favor of granting this request because of the circumstances in this neighborhood. Commissioner Rotthaus questioned staff regarding what is the age of the neighbor's homes? Justin Bass replied they are newer homes, however, stated he does not know the age of the homes. Commissioner Rotthaus stated those newer homes were approved before the sidewalk map was drafted. The motion carried by the following vote: Aye: 4 -Knox, Dudziak, Redfearn, Byerly Nay: 2 -Rotthaus, Phelps Absent: 1 -Clardy 7b Approval of a final plat on Lot 1, Block 1 of the Burbank Addition being 2.6 acres for Lots 1-5, Block 1 of the Black Drive Subdivision, Case PC09-005 Justin Bass presented the case and briefed the Commissioners. Keith Hamilton, the applicant, came forward to answer any questions. Commissioner Phelps questioned staff regarding in the portion that was abandoned on Black Drive, has the utility portion of the abandonment been completed, removing lines and relocating them? Ron Ruthven stated there is an existing water line that will have to be relocated and it will be located in an easement. Commissioner Dudziak moved to approve case PC09-005. Commissioner Knox seconded. The motion carried by the following vote: Aye: 6 -Knox, Dudziak, Redfearn, Rotthaus, Phelps, Byerly Absent: 1 -Clardy 7c Approval of a request for a waiver of the construction or escrow of funds for sidewalks on Lot 4, Block 3 of the Fairway Addition located at 6606 Herbert Rd., Case GC09-004 Justin Bass presented the case and briefed the Commissioners. Commissioner Phelps questioned staff regarding if any portion of the sidewalk has been built on this street? Justin Bass replied there are no City of Colleyville Page 3 Printed on 5/12/2009 Planning and Zoning Commission Minutes -Final April 13, 2009 other sidewalks on this street. Commissioner Byerly stated with the school down the street, there is a need for this sidewalk especially with the new subdivisions coming in on Murphy. Commissioner Byerly moved to deny case GC09-004. Commissioner Redfearn seconded. Commissioner Phelps concurred with Commissioner Byerly and stated there is clearly a need for this sidewalk. Commissioner Redfearn questioned staff regarding where is the placement of this sidewalk to be constructed with regards to the bar ditch and street? Justin Bass replied the sidewalk will have to be constructed at least four feet away from the existing pavement. Ron Ruthven replied the sidewalk should not block the drainage for the property in the bar ditch. He stated the sidewalk can go all the way up to the property line. Commissioner Phelps questioned staff if the sidewalk construction requirements have been modified to allow the property owners to construct around natural existing structures such as trees, has it been modified to accommodate those? Justin Bass replied they are in place. The motion carried by the following vote: Aye: 6 -Knox, Dudziak, Redfearn, Rotthaus, Phelps, Byerly Absent: 1 -Clardy 7d Approval of a request for a waiver of the construction or escrow of funds for sidewalks on Lot 1, Block E of the Old Grove Addition located at 7109 John McCain Rd., Case GC09-005 Justin Bass presented the case and briefed the Commissioners. Bailey Draper, the applicant, and Steve Riach, the property owner, came forward to present the case and brief the Commissioners. Commissioner Phelps questioned Mr. Draper regarding if he is asking for a waiver on both John McCain and Stillwater Circle? Mr. Draper stated just on the John McCain side. He stated the Stillwater side has already been dedicated for the trail. Commissioner Knox questioned Mr. Draper regarding how far back will the retaining wall be set from John McCain? Mr. Draper replied it actually varies, he stated the wall is 3 ft to 6 ft tall and it will be redone, however, there is not a lot of room to move it back because of the mature trees. He stated there is not enough room between the wall and City of Colleyville Page 4 Printed on 5/12/2009 Planning and Zoning Commission Minutes -Final April 13, 2009 the trees to build a sidewalk. He stated the new wall will be layered, dry stacked stone. He stated the corner will have tiers for landscaping. Bailey Draper stated not knowing if any sidewalks exist on John McCain on this end. Commissioner Dudziak questioned City Engineer, Jeremy Hutt regarding if there has been a right of way dedication done for the future expansion on John McCain? Jeremy Hutt replied the right of way was dedicated at the time of the plat. Commissioner Dudziak questioned Jeremy Hutt regarding if John McCain is expanded, in the future, will those trees be subject to being torn down? Jeremy Hutt replied correct. He stated the Engineering Department suggested to Mr. Draper with regards to the retaining wall, that they fill out a right of way encroachment form to be able to use the right of way for the retaining wall. Jeremy Hutt stated those trees could possibly come down as a result of the widening of John McCain. Commissioner Phelps questioned Jeremy Hutt if the sidewalk would be built in the easement? Jeremy Hutt replied the sidewalk would be constructed within the 75 foot right of way. Commissioner Byerly questioned Jeremy Hutt regarding where would the new sidewalk be placed on this street because of the elevations? Jeremy Hutt stated there are a few hurdles to be met with the elevations and so forth, but there are options. He stated being complicated but not impossible. Commissioner Phelps stated there are three options for this request escrow the money, build the sidewalk or waive the sidewalk requirement all together. Ron Ruthven replied the escrow option is there in lieu of construction of the sidewalk. Commissioner Byerly questioned staff regarding the circumstances with this property exceed what is typically required to be escrowed? Ron Ruthven replied the builder would have to incur that extra expense to build the sidewalk given the terrain. He stated it could cost more than the determined amount. Commissioner Byerly questioned staff regarding if the amount is based on linear square feet? Ron Ruthven replied yes, it is based on the Engineering Department's formula for calculating the fee. Jeremy Hutt replied the calculation is strictly for the cost of concrete to construct the sidewalk. He stated any other circumstances are not taken into consideration. Commissioner Phelps questioned staff regarding if they are to build today, they will have to pay the full cost in addition to all of the other City of Colleyville Page 5 Printed on 5/12/2009 Planning and Zoning Commission Minutes -Final April 13, 2009 requirements? Jeremy Hutt stated they would have to build the sidewalk to current city standards. Commissioner Phelps questioned Jeremy who would incur the additional costs of installing this sidewalk if the money is placed into escrow? Jeremy Hutt replied the city would incur the costs. Commissioner Redfearn questioned staff regarding where is the nearest existing trail or sidewalk to connect to this sidewalk? Justin Bass replied there is an existing trail before Stillwater. Commissioner Rotthaus questioned Mr. Draper regarding if he knew sidewalks would be required? Mr. Draper stated they are probably stamped on the plans, however, he stated they anticipated having to come before and ask for a waiver because of the circumstances that exist on this property. Commissioner Phelps stated the wall is still within the right of way area. Mr. Draper stated they are going to get the encroachment agreement so that they can save these trees. Commissioner Byerly questioned Mr. Draper regarding if he can build the sidewalk cheaper than the escrow amount? Mr. Draper replied yes, he can build for $3 a foot and the escrow amount is for $4.25 a foot. He stated they are going to be spending a lot of money to re-do the wall. Commissioner Phelps questioned Mr. Draper regarding what additional expenses would be incurred if the sidewalk is required at the base of the wall? Mr. Draper replied the expense of the sidewalk at the base of the wall would cause the loss of the trees. Commissioner Phelps questioned Mr. Draper regarding if there is an option to put the sidewalk behind the trees? Mr. Draper stated that would put the sidewalk 20 feet off the street into the property owner's front yard, at the proposed driveway, at the front door. Commissioner Byerly questioned Jeremy Hutt regarding if the trees are affected with the sidewalk. Jeremy Hutt replied if the sidewalk is required, the retaining wall will have to be move, therefore the trees would be affected to get the separation from pavement, sidewalk and wall. Commissioner Dudziak questioned Jeremy Hutt regarding how many feet does the sidewalk have to be from the street? Jeremy Hutt replied four foot on a road similar to John McCain. However, he stated they are looked at on a case by case basis. He stated there is a curve in this road, therefore, they want the sidewalk to be moved further back which will eliminate the trees. Cify of Colleyville Page 6 Printed on 5/12/2009 Planning and Zoning Commission Minutes -Final April 13, 2009 Commissioner Knox moved to approve case GC09-005. Commissioner Rotthaus seconded. Commissioner Dudziak stated the purpose of this ordinance is to set aside the escrowed monies so that when this road is widened, the cost of the sidewalk is paid for. He stated it is the Commissions responsibility to require the escrow. Commissioner Redfearn concurred and stated its dangerous until John McCain is improved. He stated to allow for the waiver, the money would not be there for another part of the neighborhood district that could benefit this property. Discussion occurred between staff and Commissioner Byerly regarding the options: grant the waiver, escrow in lieu of construction or build the sidewalk. Commissioner Phelps stated being in favor of them to escrow in lieu of construction. Commissioner Byerly stated usually being in favor of the Sidewalk Committee however, this property has bad elevation. He stated the sidewalk would be required on the side of the curve which is a dangerous place to put a sidewalk. He stated this one seems to need an exception. Commissioner Knox stated the city has already given an exception with the placement of the retaining wall. City of Colleyville Page 7 Printed on 5/12/2009 Planning and Zoning Commission Minutes -Final April 13, 2009 The motion failed by the following vote: Aye: 3 -Knox, Rotthaus, Byerly Nay: 3 -Dudziak, Redfearn, Phelps Absent: 1 -Clardy Commissioner Redfearn stated not being opposed to escrow in lieu of construction. He concurred with the Commissioners but not in favor of allowing the waiver all together. He stated the neighborhood still needs sidewalks. Commissioner Redfearn moved to deny waiver but to allow for escrow in lieu of construction on case GC09-005 Commissioner Phelps seconded. Commissioner Phelps stating there may be a more appropriate place for a sidewalk in this area on the map. Commissioner Byerly concurred. Commissioner Rotthaus stated there is a reason that they have a right to come before the Commission and ask for a waiver. He stated there are certain conditions for this property. He stated the Commission needs to look at each request on a case by case basis. Commissioner Dudziak stated he appreciated the comments. He stated when the city redesigns this street, staff will evaluate the safe placement of the sidewalk. He stated the city needs to be allowed the option to act on this, in the future, if the street is widened. He stated we can require the construction or the escrow of the sidewalk. Commissioner Byerly concurred and stated the applicant can have the option to either build the sidewalk or escrow in lieu of construction. Ron Ruthven stated if the money is escrowed for the sidewalk, the money can be spent anywhere in the neighborhood sidewalk district. Commissioners concurred. The motion carried by the following vote: Aye: 5 -Knox, Dudziak, Redfearn, Rotthaus, Phelps Nay: 1 -Byerly Absent: 1 -Clardy 8. ADJOURNMENT City of Colleyville Page 8 Printed on 5/12/2009 Planning and Zoning Commission Minutes -Final April 13, 2009 I hereby certify the above agenda was posted on the bulletin boards at City Hall on Thursday, April 9, 2009 by 5:00 p.m. Amy Shelley, Planning and Zoning Assistant The meeting minutes were approved on May 11, 2009. City of Colleyville Page 9 Printed on 5i7yzuua