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HomeMy WebLinkAboutPlanning and Zoning Commission-Minutes-5/23/2005 cc.~ Texas PLANNING AND ZONING COMMISSION MEETING MINUTES - May 23, 2005 CALL TO ORDER Chairman Byerly called the meeting to order at 7:00 p.m. ROLL CALL Present: Commissioners Edwards, John Blassinga Byerly were present. Dudziak, Luann nis Duffy and Jeff Absent: Thomas D Robert INVOCATION PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES Commissioner Edwards corrections on page 2 third paragraph nee for clarity. Commissio The motion w Aye: Dudz. Nay: No tes of ay 9,2005 meeting with 1, change "raise" to "raze", page 3, t full paragraph needs to be reworded CITIZE None MS NOT ON THE AGENDA REGULARAG 1. Case P-O liminary plat for Braemar Addition on 15.662 acres out of the B.B.B. an .R. Survey, Abstract 211 and the AT. Young Survey, Abstract 1756 located at 5000-5201 Fry Lane Chris Fuller presented the case and briefed the Commissioners. Commissioner Edwards questioned staff in regards to Fry Lane being brought up to City standards, will it be brought up to standards? Barry LeBaron replied correct and briefed the Commissioners about the history of Fry Lane, the street was a 30-foot access easement, however the property owner's did not have control over all of the 50 feet of right-of-way. Therefore, they went to City Council and asked for a waiver of the perimeter street improvements. City Council approved the waiver, provided Planning & Zoning Commission Minutes - May 23, 2005 Page 1 of 5 the owner's a.) Put two inches of asphalt down b.) Widen the street to the Fire Department's requirements and c.) Maintain it. During the platting process, City Council had the statement added to the plat regarding Fry Lane being a private street, not a public street. These property owners are going to extend the water utilities and put in a fire hydrant. Commissioner Dudziak stated the waiver for street improvements only covers thru lots 7, not lot 8. Barry LeBaron replied Fry Lane has alread been asphalted all the way down including lot 8. Commissioner Duffy stated having lots of questions for Steve Stallard, 5100 Fry Lane, the applicant and Lane, the applicant as well, presented their re sand bn about the project and intentions. Commissioner Duffy questioned the appli utility services? Mr. Stallard replied the Jackie Fluitt, GSWW, the engineer, brie services that will be provided to e lots. Commissioner Duffy question Rockrimmon? Mr. Fluitt used going to be established. Commi would be completed? luitt stat Commissioner D southeast corn to the northea fire plugs in? can an .f a fi plicants. ge, 5001 & 5004 Fry the Commissioners houses and are going to stub out from where the utility lines are Mr. Fluitt when the line pleted now. fire plug will be? Mr. Fluitt stated in the ffy stated that from the southeast corner ch. Are there any plans to put any more f constructing a home on that lot, they eet the fire code requirements. ned Mr. Fluitt on the submission there will be an 8 in. .de of lot 7 and a 15-foot easement, however, there is t, are we assuming the other 7 % feet belongs to he no end? Mr. Fluitt replied being under the impression d to 15 foot on lot 7. Commissl stioned staff about the road, in the future when this is built out, the city onsible for putting in a road. What is the guarantee that Fry Lane will not city's responsibility for updating? Barry LeBaron replied an amended plat wo d have to be filed to take the language off the plat for the city to accept the responsibility to take over the street and a developer's agreement would have to be filed between the property owners. Barry LeBaron stated these property owner's have brought the road up to speed by what the City Council approved in the resolution. Commissioner Duffy stated being concerned with the future of the street being the tax payer's responsibility. Commissioner Edwards stated the city does not have to accept the street regardless of the condition of the road. Planning & Zoning Commission Minutes - May 23, 2005 Page 2 of 5 Commissioner Duffy stated having concerns with the utility and drainage layout being submitted to the city. Mr. Fluitt stated those plans have been submitted to the city and they have been reviewed. City Engineer, Robert Woods confirmed the plans had been submitted. Commissioner Duffy questioned staff about the language being different, the front set back, has it been moved back to 20 feet from the right-of- way line, and is that a 40 foot set back? Barry LeBaron replied that refers to the ci wanting the developer to dedicate an additional 20 feet beyond the 30 foot that. rt of the easement in order to have a full 50 foot of right-of-way for that locati Commissioner Duffy stated having concerns with t wide pavement, and Fry Lane to be maintained owner's or property owner's association. Co ioner Duf covenant to hold harmless the city for all a ts or incidents that road, or is that statement just a wor outh type issue? nothing is being drafted right now, but i omething t will be in t the property owners, plan on having an ag e t Commissioner Duffy questione the applican restrictions, would those condi rk prior to Mr. Stallard replied absolutely. edge s held the property owner's respon d. the road being a great i rovemen Commissioner Du however, he st the maintaini d resolution, a 24-foot nse of the property stioned is there a maintenance of allard replied orks. We, e plat is approved with those building permits being issued? the financial institution has IIdredge went on to state was placed. dredge road being an improvement; not have to be burdened by the cost for case P-05-013 with the conditions a) ess agreement waiving city responsibility Fry Lane rig t-of-way, b) the property owner's establish c) the HOA must maintain and improve Fry Lane prior ay as a public street and d) the easement along the be increased to 15-feet. Commissioner Edwards The motl Aye: Dudzl Nay: None by the following vote: , Blassingame, Duffy and Byerly 2. Case P-05-021- Preliminary plat for Alianne Estates Addition on 14 acres out of the T. White Survey, Abstract 1692 located at 512 and 600 Shelton Drive Chris Fuller presented the case and briefed the Commissioners. Commissioner Duffy questioned staff about the perimeter street cost for improving Shelton Drive; does that include easement and escrow for a sidewalk at some time in the future? Barry LeBaron replied correct. Commissioner Duffy questioned staff for clarity, that if this plat is approved, with the understanding that they pay all Planning & Zoning Commission Minutes - May 23, 2005 Page 3 of 5 perimeter costs, the sidewalk will be included at some time in the future? Barry LeBaron replied correct. Commissioner Dudziak questioned staff if the escrow funds go back into the general fund after a certain period of time? Barry LeBaron replied the funds stay as part of the perimeter street funds. Commissioner Dudziak questioned staff if the funds could be pulled back into the general fund? Barry LeBaron stated not knowing if there is a time limit. Commissioner Edwards stated there b .ng a time limit of about 10 years. Commissioner Dudziak stated thinking there was so Commissioner Duffy if he is comfortable with waitin Commissioner Duffy replied being comfortable Jeff Vanderpool, 605 Shelton Drive, the app. have to build the sidewalk at this time. e limit and questioned ? re will be a eowner's be a HOA, but not a gated nderpool if the HOA would be r clarity what the minimal erpool stated not wanting g of their home; we want t what does the applicant mean about this is straight zoning and we would not e homes. 001 that any design covenants, he puts in, eded covenants, not what the city will restrict. Mr. hat the city requires, only having concerns with the Commissioner Duffy stated the sidewalk is just part questioned Mr. Vanderpool which way the homes on r. Vanderpool stated those homes will face Shelton Drive. Commissione uestioned staff with regards to escrowing the perimeter street improvements, t mechanics do we have to put in the motion to cover the improvements. Barry LeBaron replied the only motion would be to include approving this development with the required perimeter street improvements for all the public improvements, that way it will be clear that you are not approving the waiver of the sidewalk. Commissioner Duffy made motion to approve case P-05-021, subject to the condition that the developer dedicates sidewalk easement and escrow estimating cost of 5-foot sidewalk along Shelton with the perimeter improvements. Commissioner Dudziak seconded. Planning & Zoning Commission Minutes - May 23, 2005 Page 4 of 5 The motion was approved by the following vote: Aye: Dudziak, Edwards, Blassingame, Duffy and Byerly Nay: None Barry LeBaron stated not having the applicant put in a sidewalk before the engineering is done for a bar ditch street. It is better to defer the building of the sidewalk until it is better for the improvements of the street. Respectfully Submitted, in the future where all STAFF REPORTS Barry LeBaron stated the workshop will be scheduled Commissioners will be able to attend. COMMISSIONER COMMENTS ADJOURNMENT The Commission adjourned the meeting at 7: Amy Shelley Planning and Zoni Approved on: Ju Planning & Zoning Commission Minutes - May 23, 2005 Page 5 of 5