HomeMy WebLinkAboutPlanning and Zoning Commission-Minutes-8/27/2001
Planning & Zoning Commission
Minutes - August 27,2001
Page 1 of 8- Approve on September 10, 2001
Chairman Hart called the regular meeting of the Planning and Zoning Commission to order at 7:00
P.M. on August 27, 2001.
Roll Call:
Present:
Absent:
Staff:
Tom Hart, Jo Ann Gasper, Mark Hollis Jeff Wall
Luann Edwards, Earl Swift, Bryan Hill
Barry LeBaron, Clayton Husband, and Jan Levy
Invocation:
Commissioner Gasper
Approval of Minutes:
August 13, 2001
Commissioner Gasper moved to approve the minutes as submitted. Commissioner Wall
seconded the motion. The vote being:
Ayes: Gasper, Hollis, Hart
Noes: None
Abstained: Wall
1. A Minor Plat of the Blankenship Addition requested by JDJR Engineers, 4.561 acres
located on the north side of Glade Road at 116 Glade Road. Case P-01-023
Clayton Husband presented the case to the Commissioners and reviewed the staff briefing.
Commissioner Gasper moved to approve the plat. Commissioner Wall seconded the
motion. The vote being:
Ayes: Gasper, Hollis, Wall Hart
Noes: None
2. PUBLIC HEARING - A Replat of Lot 1, Block A, Monterra requested by Christopher Tye,
4.598 acres located on the northwest side of Tennison Parkway and Colleyville Boulevard.
Case P-01-025
Clayton Husband presented the case to the commissioners and reviewed the staff briefing.
Chairman Hart opened the public hearing. Those present wishing to speak were: Jim Dewey,
JDJR Engineering, said they have contacts on the two lots, one being a dental office and the other
is an interior design group that will sell furniture retail. He said that they plan on utilizing the
existing fire lane and will have cross access on the lots. Mr. Dewes said that there will be a main
entrance on Tennison. There being no one else present wishing to speak, the public hearing was
closed.
Commissioner Wall moved to approve the replat. Commissioner Gasper seconded the
motion. The vote being:
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Minutes - August 27,2001
Page 2 of 8- Approve on September 10, 2001
Ayes: Gasper, Hollis, Wall, Hart
Noes: None
3. A Minor Plat of the Nolan Addition requested by Mark Nolan, 1.55 acres located at 5105
Oak Timbers Court. Case P-01-026
Clayton Husband presented the case to the Commissioners and reviewed the staff briefing.
Commissioner Gasper moved to approve the minor plat. Commissioner Wall seconded the
motion. The vote being:
Ayes: Gasper, Hollis, Wall, Hart
Noes: None
4. TABLED ITEM - Consideration of amendments to Chapter 9 of the Land Development
Code relating to Perimeter Street Improvement Requirements. Case Z-01-022
Barry LeBaron said he had told the Commissioners that he would provide them with a copy of the
two policies that have been in existence in Colleyville. He said there is the one prior to the Land
Development Code that has been in place since 1988 and the language that was changed in the
Land Development Code that is currently being used. He said both policies are in the packet for
informational purposes and staff will be happy to discuss them with the Commission.
Mr. LeBaron said the plat case they discussed earlier was a classic example of roadway
improvement fee regulations, and the applicant will probably come forward and ask for a waiver
of the fees and it is probably a $50,000 to $55,000 issue. He said they may want to wait until
there is a full compliment of the Commission present to make any changes to the regulations.
Commissioner Gasper said that she would like to remove the case from the table so that they
could discuss it, but they need to wait to take action until everyone is present.
Commissioner Gasper moved to remove the case from the table. Commissioner Wall
seconded the motion. The motion passed by unanimous acclimation.
Commissioner Gasper said the City has a Parkland Dedication Policy that seems to be similar to
the perimeter street issue. She asked if the policies could be similar.
Barry LeBaron said that there is a provision for a waiver from the parkland dedication policy, but
they have not been waiving the fees. He said that the parkland dedication fee is based upon the
City's future need for parkland. Mr. LeBaron said that the City came up with the amount of acres
of parkland that would be needed for the community in the future. He said that they deducted the
amount of parkland that currently exists and based on the number of houses they thought would
be built, they arrived at a dollar figure that is accessed to each lot as it is platted. He said there
is one flat fee of $1,802 per lot and commercial lots are based on $800 per acre. He said that
there have not been waivers of any parkland dedication fees. He said that the fees are based on
the demand that each lot will be adding to the park needs of the community.
Chairman Hart said that Mr. LeBaron said that the applicant of an earlier case would probably be
asking for a waiver of perimeter street fees and he asked if there would be a good reason for the
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Minutes - August 27,2001
Page 3 of 8- Approve on September 10, 2001
Council to waive the fee. Mr. LeBaron said that the issue is that the house has been in the city
for a long time and the owner is dividing the property into two lots so he can build a house on the
other portion of the property. He said that since 1988 and possibly before that time, the Council
would consider a waiver in that situation, and the waivers have been generally automatic.
Chairman Hart asked what the amount would be from waiving the fees versus collecting the fees.
Mr. LeBaron said they calculated the fees to be approximately $55,000 for their share of the
frontage. He told the Commissioners that the applicant is through with platting the property,
because it is a minor plat and only requires approval by the Commission. He said the Land
Development Code requires the subdivider to build his half of the road because it doesn't meet
the current requirements, or take the request to the Council and ask for a waiver of the
requirements. The waivers go directly to the Council and the Commission does not consider
them.
Commissioner Gasper said from the discussion at the last meeting, there are areas they are in
agreement on. She said there was discussion that it is appropriate to require homeowners to
dedicate the right-of-way so that the City can have the streets and sidewalks. She said they all
agree that the party who is creating the impact needs to pay for the impact and whatever the cost
is, it needs to be fairly and consistently applied. She said under the current development, when
they have a small tract like the example given, it can cause an undue burden upon the property
owner to pay for their part of the street. She said since those are the areas that they have
agreement on, she was thinking through it, and it seemed like there are several different situations
which could arise.
Commissioner Gasper offered the following categories for establishing a flat fee:
A parcel of 5 acres or less that is being divided and does not have a house on it;
A small parcel that does have a house on it;
A small parcel that is being platted which could cause the road fees to come into play and
when there is construction, there is no change as to the size and use of the structure; and
Construction and platting where there is a change in the size or a change in the use or
both.
She gave the example of the Romanian church on Glade Road where they had a fire and the
payment of road fees amounted to approximately $70,000 and they just wanted to rebuild their
church. She said that to her way of thinking it is unreasonable for the City to require $70,000 in
road fees when someone torched a church and they want to rebuild it. She said it is a different
matter if they want to rebuild the church and make it larger.
Commissioner Gasper said she found the information on the parkland fees interesting because
it seems to her that they probably need to get a certain figure that they apply to tracts of property
where a fee would come into place. She said that she does not know what that figure should be
and how large of a parcel of property that should apply to. She said that there currently is an
incentive to divide a piece of property into many pieces because the cost of street fees gets
divided over a greater number of houses. She said if they do a flat fee per lot, then there will not
be an incentive on to the homeowner/developer to create small lots and thusly maintain the larger
lots with a country feel in Colleyville. She said she does not know what the magic number is, but
is trying to develop a flat fee with the regulations clearly stating what the cut-off is for size of
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Minutes - August 27, 2001
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property that is being divided. She said that once someone reaches the limit for the small lot
category, they will do business as the City is currently doing and a different set of rules would
apply. She said the way that the small tract is treated is not according to who owns the property,
but how the property is going to be subdivided.
Commissioner Gasper requested that staff provide them with the medium fee per lot for the actual
construction cost of a roadway. She said that she means what is the cost that the developer is
passing on to the homeowner. Barry LeBaron said the engineering department keeps current with
what the actual construction cost is for streets and they arrived at the cost of $138.00 per linear
foot. He said the current fee is used when someone asks for a waiver from the regulations to
determine the amount they are waiving.
Chairman Hart said Commissioner Gasper put a lot of thought into this. He said item one on the
agenda was a parcel of property that was 4.561 acres and is a long strip of land with little frontage
and would pay less money than the 1.55 acre minor plat because of the difference in street
frontage. Barry LeBaron said the Commissioners considered two cases where one was a deep
lot with narrow frontage and one that had less depth and a lot of frontage. He said Commissioner
Gasper said she did not mind passing the cost on to the developer, and yet the developer passes
the cost onto the consumer. Commissioner Gasper said she didn't think it would be as big of a
problem for the developer because he has more units. Chairman Hart said he understood that,
but an individual may not know what they are getting themselves into and the cost of their land
just went up while they had no idea.
Commissioner Wall said that by the extent that these fees are waived, they were looking at having
waived fees in the amount close to $1,000,000. He said that $138.00 per linear foot buys a lot
of street development and if those fees are waived, the city taxpayers as a whole have to foot the
cost when those streets are finally built. He said that they want to be fair to the person who
bought a five acre lot twenty years ago and now wants to split the property into two lots and not
overly burden them. He said that the City needs to be looking out for the interest of all citizens
because someone needs to bear the cost of the $1,000,000 that was waived. He said the policy
needs to be put into the public spotlight so that the public is aware that those fees are being
waived and the rational behind them. Commissioner Wall said he agreed with Commissioner
Gasper because you can't charge an individual $56,000 for street fees for just dividing their
property into two lots. He said that isn't fair, but there has to be some equitable solution.
Commissioner Hollis said that as they have seen tonight, there can be a four or five to one ratio
even in a small lot of potential frontage that would need the improvement. Commissioner Gasper
said that if they have a flat fee, the owner of a parcel of property will know up-front what it will cost
them to develop or subdivide their property. She said that they are not going to get hit with a
$55,000 roadway bill.
Chairman Hart said another thing that they have seen over the years is that there is a lot of odd
shaped pieces of land left to develop. He said the one that comes to mind is Shalimar where
there is a big long strip of land. He asked if the developer would have a leg up on that type of
development with less frontage and is able to net more money or pass the savings on to the
homeowners. Commissioner Gasper said they saw that with Riverwalk because of the narrow
frontage on Glade Road and the issue was brought up about paying for the roads and the
developer responded that he did not own the frontage.
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Minutes - August 27, 2001
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Barry LeBaron said for example on the flat fee approach, if they had a $10,000 flat fee, then the
Council would be considering a waiver of $45,000 instead of $55,000. Commissioner Gasper said
it wouldn't be a waiver because what they would be telling the subdivider is what the established
flat fee is and that is what the subdivider will pay. She said they would not have an option to go
to Council, because if they have a small tract of property and they subdivide it, it will be a certain
amount per unoccupied lot. She said if the person is a resident, they will not have to pay for
already being there, because they are not having any additional impact. Ms. Gasper said that if
there is a situation where there is building that is going to be taking place, like the church or a
commercial type of property, and no change to what is currently occupying the property, there will
be no additional fee charged for the street. She said if someone is changing the use, or changing
the size of the structure by a certain amount, then they should pay, because they are changing
the amount of impact on the roadways.
Chairman Hart asked Mr. LeBaron, if a $55,000 burden was placed on the property on Oak
Timbers Court to build the roadway, what happens to the other side of the street. He asked if the
other side of the street would have to contribute to the construction fee or is it taken from the
taxpayers. Mr. LeBaron said that nothing would be done until that property on the other side of
the street was platted. He said if they never plat, it would be up to whenever the City decides to
improve the street and then a decision would have to be made whether they want to do an
assessment program.
Chairman Hart wanted to know if there was a vehicle in place to facilitate assessing homeowners
for street improvements, rather than having to pay a certain amount of money for perimeter street
fees. He wanted to know if there could be an understanding that if and when these streets are
ever improved, the property owner will be assessed at that time.
Mr. LeBaron said that they had discussed at a prior meeting to have someone sign a covenant,
which is what Chairman Hart described. He said that is an agreement that would be filed in the
courthouse and lets them not have to pay the fees immediately, but they agree to be assessed
in the future.
Commissioner Gasper said that assessment is another alternative. She said she would think it
would be cleaner to have a flat fee, because the person doing the development will know exactly
what the costs are, they will be paid then, and the roads will be built whenever they need to be
built. She said if they do a covenant, it is easy to envision some second or third owner of the
property being hit with a large assessment. She said it would be like playing Russian roulette with
your house. Commissioner Gasper said that she prefers situations where they are up-front, on
the table, and they are not looking to some future time, maybe 5 years or 25 years or 500 years
if someone would have to payor not.
Commissioner Wall asked how the City would upgrade White Road as it transitions across the
railroad track as it goes from Bransford to Whites Chapel. He asked if it would be curb and gutter
to tie into McDonwell School Road and become a larger street. He asked if the way the City
would upgrade the road is not by assessing the homeowners along there, but by simply finding
the money in the City coffers. Mr. LeBaron responded that it could be either one, but the City has
not had an assessment program that he is aware of. He said that an assessment program would
be one option. Commissioner Wall said that there wouldn't be a City Council person that would
last more than ten minutes if they tried to do that in his personal opinion. He said that when
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someone moves into a home, they don't think that the City will come along and assess them for
roadway improvements.
Mr. LeBaron said that generally you don't find that the City runs out and Willie Nilley improves the
streets. What they usually do is have a policy that whereby if a certain percentage of the property
owners along a street petition the City to improve the street, then the City would do an
assessment program at that point. He said there would at least be some input from the property
owners. He said the way the City would more than likely improve the street as Commissioner
Wall described is to pay for improvements out of impact fees, because it is on the Master
Thoroughfare Plan. He said that as they collect roadway impact fees as properties are platted
and building permits are issued, the fund increases.
Commissioner Gasper said she suspects that at some point the City is going to run out of property
to collect impact fees from and will still need to improve the roadways. She said she considers
this police of perimeter street improvement requirements very important because they will be
seeing more in-fill situations where the roadway frontage issue will come into play.
The Commissioners discussed what would happen if the person subdividing the property on Oak
Timbers Court knew that he had to pay $55,000. They said he probably would have divided the
property into three lots rather than two lots so that he could be compensated by two potential
buyers. Barry LeBaron said the applicant has an adequate amount of property to have three lots
and then he would have one more lot to amortize the cost. He said that where the lot is situated
on the street, there are no sidewalks and 400' of street is probably long enough for as flat as the
area is, that it might be to the City's advantage to go ahead and build half of the street. Mr.
LeBaron said that the disadvantage to that is where would the City take the drainage with the curb
and gutter, because there are no other sewers on Oak Timbers Court. He said that it would look
kind of foolish to have a nice half of a city street in the middle of the block segment with the
chances of the rest of the street being built to match and finish out the drainage being unlikely.
Commissioner Gasper said that something like improving the street, but not bringing it totally up
to standards could be possible.
Barry LeBaron told the Commission that when the Council has been waiving the street fees, they
have also been waiving the sidewall( requirements as a part of it. He said that one of the
questions that they may be asking is if they should at least get the sidewalk money out of the
developer. Commissioner Gasper said that it would be a sidewalk to nowhere and you would still
have the street frontage problem. She said the person who has 200' of frontage is still going to
be paying a lot more than the person who has 100' frontage, and she recommends treating it like
parkland and require a flat fee.
Chairman Hart asked if the $1,000,000 plus that has been waived by Council over the years was
for the one and two lot subdivisions or if it was for developers. Barry LeBaron said that it has
generally been for two lot waivers in the last 3 Y2 years. Commissioner Gasper said that they are
in agreement that something should be paid, but the question is what amount and how is it
figured. Chairman Hart said that it has to be fair to the community.
Barry LeBaron said that he will work up a couple of scenarios for the Commission to consider at
their next meeting.
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Commissioner Wall asked what it would take to put in place an assessment program, or if there
was one in place already. Barry LeBaron said that he will research to see what existing
ordinances are already in place to allow an assessment program.
Chairman Hart said that he lives in Chelsea Park and Chelsea Park has new streets thanks to the
City and the bond election that was passed in the early 1990's. He said at one point when it
became apparent that the streets were going to be rebuilt, one of the options that was discussed
was assessing. He said it never came forward, but if the Council at that time was considering it,
there must be something in place that addresses it. Mr. LeBaron said that the thing that gets
really complicated with assessment programs is that in order to make it work legally, you need to
improve the value of the property by the amount that is being put into the streets. He said
sometimes that is difficult to do, especially when there are already existing streets.
Commissioner Gasper said it occurred to her that since the sidewalks and roads are a common
good and used by all of the community, the taxpayers should bear the cost because the reason
for taxation is to pay for services and infrastructure that serves the good of the whole community.
She said it puts her in favor of doing a bond program to construct streets rather than an
assessment.
Commissioner Gasper asked if staff could give them some numbers reflecting what the
developers are paying for impact fees. She said that when a developer develops a tract of
property, they are assessed a certain amount of money for streets. Barry LeBaron told her that
the developers put in the streets at their own cost. She asked if he would provide the costs for
a couple of developments and calculate what the cost would be per lot. Mr. LeBaron said that he
would have to ask the developers if they are willing to share that information with him. He said
that the City knows what it would cost them to build a roadway and Commissioner Gasper said
that figure would be fine. She said based on a subdivision layout, they will have different frontage
and different number of lots for the same size acreage. She asked for some numbers on different
subdivisions that reflect the amount of dollars and the amount of land.
Commissioner Hollis said that no matter what they end up with, it is too complex of a situation to
have an answer for everybody all of the time. He said they should have an appeal process for
Council and leaving Council with the final word is a necessity. Commissioner Gasper said there
is always an appeal process, but hopefully they will have a policy where an appeal or a problem
is one in one million rather than one in one thousand or one in one hundred.
Commissioner Gasper moved to table the item. Commissioner Wall seconded the motion.
The motion passed by unanimous acclamation.
5. Citizens' comments regarding items not on the agenda: There were none.
6. Staff comments, reports and discussion items: Bill Lindley, City Manager, was introduced to
the Commission and he spoke with them. Mayor Arp spoke about the selection process for
choosing a city manager.
Barry LeBaron told the Commission about the upcoming Highway 26 Task Force meeting on
September 6. He discussed how they arrived to the point where they are. Commissioner Hollis
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Minutes - August 27,2001
Page 8 of 8- Approve on September 10, 2001
said he would not be able to be at the meeting and requested that they tape it.
7. Commissioners' comments and reports: There were none.
ADJOURNMENT: The Commission moved to adjourn the meeting at 8:55 p.m. The motion
was seconded and passed by acclamation.
Respectfully Submitted.
Approved on: September 10,2001 as submitted.
Note: As a matter of public record, an audio recording of the above Planning and Zoning Commission meeting is
available upon request.