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Home My WebLink AboutP&Z Minutes 1990-08-16 Regular!l I l J REGULAR MEETING PLANNING AND ZONING CCM-1ISSION AUGUST 16, 1990 7:00 P.M. A REGULAR MEETING OF THE FRIENDSV-.-OOD PLANNING AND ZCNING CCM-1ISSION WAS HELD ON THURSDAY, AUGUST 16, 1990, AT 7:00 P.M. IN THE CITY HALL COUNCIL CHAMBERS. THE FOLLCWING MEMBERS WERE PRESENT: BAKER -CHAIRMAN McHUGH HOLZSCHUH COLBURN RODGERS KONCABA THCMPSON -CITY ENGINEER HENRY -DEVELOPMENT COORDINA'IOR CHAIRMAN BAKER CALLED THE MEETING 'ID ORDER. WITH A QUORUM PRESENT AND WASSON ABSENI', THE FOLLCMING I'l'EMS WERE CONSIDERED. 1.CONSIDERATION AND POSSIBLE REX:0\1MENDATION REX;ARDING THE ZONECLASSIFICATION CHANGE REQUEST OF CSC (CCM-IDNITY SHOPPING CENTERDISTRICT) 'ID SFR (SINGLE FAMILY RESIDENTIAL) FOR 18,360 SQUAREFOOr TRACT OF LAND OUT OF RESERVE "C", IN THE CASTLEWOOD PARKSUBDIVISION (PUBLIC HEARING -AUGUST 6, 1990). cx::MMISSIONER McHUGH MADE A MCYI'ION THAT PLANNING AND ZONING REXXM-1END TO CITY COUNCIL THE APPROVAL OF THE ZONE CLASSJ.FICATION CHANGE REQUEST OF CSC (CG1MUNITY SHOPPING CENTER DISTRICT) TO SFR (SINGLE FAMILY RF.SIDENTIAL) FOR 18,360 SQUARE FOOl' TRACT OF LAND ON CASTLEWOOD. SOCOND: KONCABA OPPOSED: NONE VOI'E FOR: UNANIMOUS MOTION CARRIED 2.CONSIDERATION AND POSSIBLE REXXMMENDATION REGARDING THE ZONECLASSIFICATION CHANGE REX)UEST OF SFR (SINGLE FAMILY RESIDENTIAL)'ID CSC (CCMMUNITY SHOPPING CENTER DISTRICT) FOR 0.1664 ACRES(7,248 SQUARE FEET) OF LAND OUT I�TED AT FM 2351 AND BLACKHAWK(PUBLIC HEARING -AUGUST 6, 1990). ENGINEER TH<WSON MADE A PRESENTATION REGARDING 'I'HE PROPOSED USE OF THE PROPERTY. HE EXPLAINED THE CONCERNS OF TIIB PROPERTY CMNERS IN WEDGa-xx::>D SUBDIVISION WITH REFERENCE 'ID HEADLIGHTS, El'C. THCMPSON ALSO ADVISED THE CC1'1MISSION THAT TI-IERE WERE '.mo OR THREE PERSONS WHO SPOKE IN OPPOSITION TO THE ZONE CHANGE REQUEST AT THE PUBLIC HEARING ON AUGUST 6, 1990. CHAIRMAN BAKER TOLD THE cx::MMISSION THAT IT WAS HIS UNDERSTANDING DOC KIESSLJNG HAD MET WITH BOJ.'H THE HCME:CWNERS AND WITH THE PARTIES INVOINED WITH THE ZONE CHANGE REQUEST. RAKER ADVISED THE cx::MMISSION THAT KIESSLING WAS ON VACATION AND SUGGESTED THEY TABLE THE DISCUSSION UNTIL KIESSLING COULD BE CCNTACTED. cet-�1ISSIONER HOLZSCHUH MADE A MCYI'ION THAT THE ITEM BE TABLED UNTIL SUCH TIME AS DOC KIESSLING COUID BE AVAILABLE FOR DISCUSSION. SOCOND: COLBURN fl I l l I P&Z 8/16/90 AGAINST: NONE VOI'E FOR: UNANIMOUS MOTION CARRIED 3.CONSIDERATION AND POSSIBLE ACTION REGARDING THE FINAL PLAT OFPOLLY RANCH II (RESERVE B) - 2 rms -GAR'I'RE[JJ THE CCMMISSION REVIEWED THE FINAL PLAT OF POLLY RANCH II. CITY ENGINEER THa.1PSON ADVISED THE cc:MMISSION THAT THE STAFF WAS MISSING SEVERAL ITEM.S WITH REGARD 'IO POLLY RANCH II. DEVELOPMENT COORDINA'IOR HENRY RE)2UESTED THAT A PLAT NOI'E REFERENCING THAT THE POLLY FANCH DEED REST RICTIONS �UJLD APPLY 'IO POLLY RANCH II (RESERVE B). MR. GARTREIJJ STATED PERHAPS IN ADDITION 'IO THE PLAT Nal'E, A LEC:>AL DOCUMENT COUID ALSO BE FILED WITH THE PLAT. MR. 'I'HOOPSON POINI'ED OUT THAT THE STAFF WAS MISSING CLEAR CREEK DRAINAGE DISTRICT FINAL APPROVAL AND THE MYLARS FOR FILING. THE ITEM WILL BE ON THE NEXT AGENDA FOR PLANNING AND ZOOING'S CONSIDERATION. 4.CONSIDERATION AND POSSIBLE ACTION REGARDING THE PRELIMINARY PLATOF POLLY OAKS (RESERVES K&L OF THE POLLY RANCH SUBDIVISION) -18rms -GARrRELL ENGINEER THOOPSON ASKED MR. GARTRELL IF HE HAD �DE APPLICA'l'ION 'IO THE STATE HIGHWAY DEPARIMENT FOR AC'CESS ONIO FM 518 'IO WHICH MR. GARTRELL REPLIED THAT 'I'HE HIGHWAY DEPAR'IMENT WOUID ISSUE PERMITS FOR EACH 125' OF ROAfY.i/AY FRONTAGE. ENGINEER THClv1PSON ADVISED THE C01MISSION THAT STAFF HAD RECEIVED PRELIMINARY APPROVAL FRCM THE CLEAR CREEK DRAINAGE DISTRICT. THCl>1PSON 'IOID THE CXM-1ISSION '!'HAT THE SAME ITEM WOUID BE REX:)UIRED :Rff'-.ARDING DEED RESTRICTIONS AS WAS REQUIRED ON THE POLLY RANCH II SUBDIVISION. FOR FINAL APPROVAL, THE FOLLCWING CONDITIONS MUST BE MEI': A PLAT NOI'E REFERENCING DEED RESTRICTIONS IS PLACED ON THE MYLAR. AISO REX)UIRED IS THE BENCH MARK YEAR, A DOCUMENT REGARDING DEED RESTRICTIONS FOR FILING WITH THE MYLAR, AND THE Cllv1PLETION OF THE ZONE CLASSIFICATION CHANGE -ORDINANCE 90/20. COOMISSIONER HOLZSCHUH MADE A MOTION THAT THE PRELIMINARY PLAT OF POLLY OAKS SUBDIVISION BE APPROVED. SEXX>ND: COLBURN OPPOSED: NONE VOI'E FOR: UNANIMOUS 5.CONSIDERATION AND POSSIBLE ACTION REGARDING THE PRELIMINARY PLATOF PARK PLACE SUBDIVISION -1.4245 ACRE TRACT OUT OF RESERVE C INCAS'l'LEWX)D PARK SUBDIVISION - 4 rms ON CASTLEl\UOD DRIVE-BURKE. TED BOGREN PRESENTED THE PRELIMINARY PLAT OF PARK PLACE SUBDIVISION 'IO THE �ISSION. ENGINEER 'J'H(l,1PSON EXPLAINED '!'HAT THE DEVELOPER WAS PROPOSING 'IO MAKE A DEI'ENI'ION FACILITY IN THE BACK OF THE PROPERTY WHICH WILL TIE INTO A S'IORM SEWER PIPE. THE 811 METER PIPE WILL TAKE WATER OFF OF THE SMALL SWALE, IN'IO THE DRAINAGE SYSTEM FOR THE SWIMMING POOL PARKING Im. THOOPSON 2 r 1 l P&Z 8/16/90 STATED THAT A 10' EASEMENT WOULD BE REQUIRED FOR THE EXISTING 24" RCP THAT THE CITY CURRENTLY HAS NO EASEMENT FOR, BUT LIES WITHIN PRIVATE PROPERTY. HE AI.SO MADE NCII'E THAT FOR FINAL APPROVAL THE STAFF WOULD RB;:lUIRE AN UPDATED TITLE REPORT, AN OFF SITE EASEMENT FOR S'roRM DRAINAGE WHICH WILL BE PREPARED BY JOHN OLSOO, CITY ATI'ORNEY AND CCMPIEI'ION OF THE ZONE CHANGE. CCMMISSIONER KONCABA MADE A MaI'ION THAT THE PRELIMINARY PLAT OF PARK PLACE SUBDIVISION BE APPROVED. SECOND: McHUGH OPPOSED: NONE VCII'E FOR: UNANIIDUS 6.CONSIDERATION AND POSSIBLE ACTION Rffi.ARDING THE PROCEDURE OF THE PLANNING AND ZONING C(l.1MISSIOO 'S JI._FPROVAL OF PLATS WITH CONTINGENCIES -McHUGH. C'CMMISSIONER McHUGH EXPRESSED HER CONCERNS WITH THE CCMMISSIONS ACTIONS REGARDING THE APPROVAL OF PLATS WITH SEVERAL CONTINGENCIES. HER CONCERN WAS FOR THE ADDITIONAL WORK CREATED FOR STAFF WHEN CONI'INGENCIES WERE PLACED UPON THE C(l.1MISSIOO'S APPROVAL. C'CMMISSIONER HOLZSCHUH ASKED IF '11HERE WERE GUIDELINES 'ro FOUl:Jil REGARDING '11HE APPROVAL OF PLATS. McHUGH SAID THAT GUIDELINES 00 EXIST Bt1l' THAT THE CCM1ISSION WASN'T FOI..I.l:mING THEM. CHAIRMAN BAKER ASKED IF A DEVELOPER WOULD BE HELD UP SHOUI.D A PLAT CXME 'ro THE CCMMISSION FOR PRELIMINARY APPROVAL WHILE THE FIRE MARSHAL WAS ON VACATION. McHUGH SAID THAT SHE WAS REFERRING 'ro HIGHWAY APPROVAL OR CLEAR CREEK DRAINAGE APPROVAL, ITEMS THAT \A.UULD TAKE WEEKS 'l'O CLEAR UP. IT WAS AGREED 'l'HAT STAFF �UULD INDICATE WHICH ITEMS WERE CONSIDERED "I.ONG TERM" CON.I'INGENCIES AND THE C(l.1MISSION WOULD DEI'ERMINE APPROVAL BASED UPON THAT INFORMATION. 7.MINUTES FOR APPROVAL -AUGUST 2, 1990 and AUGUST 6, 1990. MINUTES APPROVED AS READ. CHAIRMAN BAKER 'roLD THE CCM1ISSION HE HAD REX::EIVED A LETI'ER FR.CM THE CITY MANAGER REGARDING DEED RESTRICTIONS. HE ADVISED THAT THE PLANNING AND ZOOING C(l.1MISSION WAS THE ENTITY 'ro READ THE RESTRICTIONS FOR NEW SUBDIVISIONS. BAKER SAID THAT WHEN A SUBDIVISION GOES IN THERE IS AN ARCHITECTURAL CCMMITTEE WHO rs RESPONSIBLE FOR THE INTEGRITY OF THE SUBDIVISION. HE RELAYED SEVERAL INCIDENTS WHERE THE ARCHITEX:TURAL C'CMMITTEE OF STERLINGWOOD HAD MADE SCME DOCISIONS REGARDING STRUCTURFS IN THAT SUBDIVISION. BAKER ASKED IF THE BUILDING DEPAR'l'MENT REQUIRED A SIGN--OFF FROM THE ARCHITECTURAL CCMMI'ITEE BEFORE ISSUING BUILDING PERMITS. ENGINEER THCMPSON REPLIED THAT THEY DID NCYI'. CCMMISSIONER HOLZSCHUH ca-1MENTED THAT DEED RESTRICTIONS HAVE NEVER BEEN AN INVOLVEMENT OF CITY GOVERNMENT NOR OOES THE CITY ENFORCE THEM. CHAIRMAN BAKER RELAYED A PARTICUI.J\R INCIDENT WHERE THE ARCHITECTURAL C(l,lMITTEE HAD DENIED A REQUEST AND THE BUILDING DEPAR'IMENT HAD ISSUED PERMITS. BAKER SAID THAT HE HAD ADVISED 'I'HE BUILDER OF THE ARCHITEX:TURAL C(l,1MJ:TTEE'S DF.CISION WHO MOVED THE FORM 'ro THE POSITION THAT THE CC1v1MITI'EE HAD RECCMw1ENDED. LATER, THE FORM WAS RELCCATED 'ro IT'S ORIGINAL POSITION AND THE DRIVEWAY 3 f 1 11 l l P&Z 8/16/90 POURED. BAKER ASKED IF THE BUILDING DEPAR'IMENT SHOUID BE ADVISED OF THE DECISIONS OF THE ARCHITECTURAL CTM-1I'ITEE'S AND SHOULD AN ESTABLISHED SUBDIVISION GO BEFORE THEIR ARCHITECTURAL ca1MITI'EE FOR APPROVAL ON HCME EXTENSIONS, E'.l'C. PRIOR TO APPLYING FOR A BUIIDING PERMIT. ONCE A STRUCTURE WAS EREx::TED, THE ONLY RECOURSE A HCMEX:MNER'S ASSOCIATION hUULD HAVE IS TO FILE A SUIT AGAINST THE H�1NER. DISCUSSION FOLLCWED CONCERNING AN INCIDENI' WHICH HAD GONE TO THE ZONING BOARD OF ADJUS'IMENT WHEN THE PROBLEM WAS NOT THAT OF THE CITY, BUI' THAT OF THE HOOEOWNER'S ASSOCIATION. C<M-1ISSIONER HOLZSCHUH SAID THAT HE FELT THE DISCUSSION WAS REGARDING AN AREA IN WHICH THE CITY A'ITORNEY SHOUID BE CONSULTED. ENGINEER THOMPSON SUGGESTED THE CO?-M[SSION CONSULT JOHN OISON TO SEE IF THE CITY COUID REX)UIRE APPROVAL F.RCN THE Ha-1IDWNER'S ASSOCIATION OR FROO A SUBDIVISION ARCHITECTURAL CCMMITTEE. CHAIRMAN BAKER AI.SO SAID THAT HE WAS QUITE CONCERNED ABOUT THE NEW EXTENSION OF WILDERNFSS TRAILS AND THAT SEVERAL COUNCIL MEMBERS HAD AI.SO EXPRESSED THEIR CONCERN. CCMwfISSIONER McHUGH STATED THAT THE H�'S ASSOCIATION HAD CONI'AC'TED HER REGARDING THE MAINTENANCE OF THE DETENI'ION FACILITY. SHE SAID THAT THE HCME BUILDER HAD ASKED IF THE H�'S ASSOCIATION IDUID ACCEPT THE MAINI'ENM"'CE OF THE DEI'ENTION F'ACILITY. THE BUILDER SAID THAT IT APPEARED THAT CLEAR CREEK DRAINAGE DISTRICT DID NOI' WANT TO MAINI'AIN THE FACILITY AND ASKED IF HE GAVE '!'HE ASSOCIATION $10,000 TO MAIN.I'AIN IT, hDULD THEY CONSIDER MAINTAINING THE DRAINAGE EASEMENT. McHUGH STATED THAT THE H(l.ID)WNER 'S ASSOCIATION DID NOT WANT THE RESPONSIBILITY AND WANTED THE ASSURANCE THAT THEY IDUID Nar BE GIVEN ADDITIONAL FL<X)DING DUE TO THE EXTENSION OF WILDERNESS TRAIIS. CITY ENGINEER THCMPSON SAID THE DESIGN ENGINEER AND DEVELOPER WERE IN HIS OFFICE TO DEI'ERMINE WHAT THEY IDULD HAVE TO DO TO SATISFY HIM THAT THE PROPOSED DRAINAGE PLAN hUUID IDRK. DISCUSSION FOLLCWED REQ\RDING THE Cl.EAR CREEK DRAINAGE DISTRICT'S APPROVAL OF THE DRAINAGE PLAN FOR WILDERNESS TRAIL AND RESPONSIBILITY OF THE PLANNING AND ZONING cet,1MISSION REGARDING FIOODING OF EXISTING SUBDIVISIONS. CHAIRMAN BAKER ASKED CITY ENGINEER THOMPSON IF HE HAD ANY RECCMMENDATIONS RffiARDING WIIDERNFSS TRAILS. THOMPSON SUGGESTED THAT ANOTHER ENGINEER REVIEW THE PLAN AFTER HE REVIEWS IT. ADDITIONALLY, HE REX::,U,1MENDED THAT THE CLEAR CREEK DRAINAGE DISTRICT TO DO THE SAME THING. PERHAPS EVEN HIRE A CONSULTANT IF IT IS NECESSARY. DRAINAGE WILL BE CONSIDERED AT THE NEXT REGULAR MERC'ING OF THE PLANNING AND ZONING CCMMISSION. THOMPSON RECCMMENDED THAT THE CCMMISSION REVIEW THE PLAT ELEVATION BY ELEVATION. BAKER SUGGESTED GE.Tl'ING IN ANaI'HER ENGINEER SUCH AS MR. GARTREI.J.. TO REVIEW THE PLAT AI.SO. CHAIRMAN BAKER SIGNED THE �.RS FOR BROOK �S; ALL CONI'INGENCIFS HAVE BEEN SATISFIED. CHAIRMAN BAI<ER SIGNED OFF ON SUNSET MF.AIX:WS II AI.SO, AS ALL CONTINGENCIES HAVE BE.EN ca-1PLETED. 4 ri l P&Z 8/16/90 Ola«L�L CIAUDIA L. BRINKMAN -SOCRETARY 5