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HomeMy WebLinkAboutPlanning and Zoning Commission-Minutes-5/29/2007~,,~.,,, 100 Main Street { City of Colleyville Colleyville, Texas 76034 ,> ~~' (817) 503-1000 Minutes -Final www.colleyville.com reh Planning and Zoning Commission Tuesday, May 29, 2007 7:00 PM City Council Cftambers 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 REGULAR MEETING 7:00 P.M. 1. CALL TO ORDER The Planning and Zoning Commission meeting of the City of Colleyville was called to order by Chairman Byerly on May 29, 2007 at 7:00 p.m. 2. ROLL CALL Present: Commissioners Larry Knox, Dave Dudziak, Mary Taylor, David Phelps and Jeff Byerly Absent: Commissioners Scott Redfearn and Denis Duffy Staff Present: Chris Fuller, Rob McKeown, Jeremy Hutt and Amy Shelley 3. INVOCATION The invocation was given by Commissioner Taylor. 4. PLEDGE OF ALLEGIANCE 5. APPROVAL OF MINUTES Commissioner Dudziak moved to approve the May 14, 2007 meeting minutes with corrections to mispelling on page 7, "esthetics" to "aesthetics". Commissioner Taylor seconded. City of Colleyville Page 1 Printed on 6/12/2007 Planning and Zoning Commission Minutes -Final May 29, 2007 The motion carried by the following vote: Aye: 5 -Knox, Dudziak, Taylor, Phelps, Byerly Absent: 2 - Redfearn, Duffy 6. CITIZEN COMMENTS REGARDING ITEMS NOT ON THE AGENDA None 7. PUBLIC HEARING AGENDA ITEMS 7a Approval of a Replat of Lots B-1 and B-2 of the McEwing Subdivision being Tract B of the McEwing Subdivision located at 715 Lavaca Trail, Case P-07-025 Chris Fuller presented the case and briefed the Commissioners. Commissioner Byerly opened the public hearing at 7:08 p.m. Karen Goetting, the applicant, came forward to present the case and brief the Commissioners. Commissioner Taylor questioned Mrs. Goetting regarding if another house will be built on Lot B1? Mrs. Goetting replied yes, they want to build their house there. She stated her brother lives on Lot B2. Commissioner Taylor questioned Mrs. Goetting if she has spoken with Mr. Pratt, Lot A, regarding the use of the easement or the possible building of a road? Ms. Goetting replied no. Commissioner Taylor stated the Fire Department will require a larger road, Mrs. Goetting stated she talked with the Fire Department and there is a fire hydrant at the corner of where Lot B2 begins. She stated there have been fire trucks down in the past and has successfully put out fires. Commissioner Taylor questioned Fire Marshal Rob McKeown regarding if there are three houses in the back, what size road is needed to get back there? Marshal McKeown replied there will be additional requirements if approved and the 24 foot access easement will have to be extended back to the new house. He stated the house may have other requirements and those will be determined at the time of building permits. He stated access means everything to the fire department. A city approved turn around is necessary in this case. Commissioner Phelps questioned Marshal McKeown regarding the distance between Lavaca Trail and the new lot, is there a need for another fire hydrant? Marshal McKeown replied if the distance between the existing fire hydrant and the new structure exceeds 500 feet, then another fire hydrant will be required and it will have to be on a loop system. Mrs. Goetting replied there is a fire hydrant at the entrance of City of Colleyville Page 2 Printed on 6/12/2007 Planning and Zoning Commission Minutes -Final May 29, 2007 Lot B2. Commissioner Phelps questioned Mrs. Goetting regarding where would the new house be situated on the lot? Mrs. Goetting replied facing the new house to the pond, along the fence line, south of the existing house and west of the pond. Mrs. Goetting stated not wanting to put the Fire Department in jeopardy, as they have watched their own home burn. She stated their building permit would be in compliance with the fire code. Commissioner Dudziak questioned Mrs. Goetting regarding what does the common driveway consist of as far as construction materials? Mrs. Goetting replied mostly gravel, but about three years ago, Mr. Pratt installed asphalt that goes into his circular driveway, which has not held up very well. She stated she and her husband want to install some sort of asphalt, not gravel that can withstand the weather elements. Commissioner Knox questioned Mrs. Goetting regarding if the easement has been secured from the other property owner? Mrs. Goetting replied the other property owner is her brother and it has been written down in draft form but are waiting on this plat to go through. Commissioner Phelps questioned Mrs. Goetting if the current easement is secured from Mr. Pratt? Mrs. Goetting replied those documents are filed with Tarrant County and are secured from Lot A to Lot B and filed in 1966. Commissioner Dudziak questioned Mrs. Goetting if there are any limitations on the easement? Mrs. Goetting replied there are no limitations on that. Commissioner Dudziak stated there could be two or three houses back there is permitted by the Commission and it is fine with the easement? Mrs. Goetting replied the easement from 1966 goes from tract A to tract B, so the easement that is needed to attacht to this plat, goes from B1 to B2. Commissioner Dudziak stated as the easement exists now, are there any limitations on that easement as far as cars or people using it? Mrs. Goetting replied she did not think so, but did not know for sure. She stated there is not any language in the easement that restricts it. Commissioner Dudziak questioned Mrs. Goetting regarding why has she not spoken with Mr. Pratt? Mrs. Goetting replied not having seen a need to involve him in anything. Commissioner Phelps questioned Mrs. Goetting regarding the improvements to the road, is that just the section on Lot B1 and B2, or the entire length to Lavaca Trail? Mrs. Goetting replied they would then City of Colleyville Page 3 Printed on 6/12/2007 Planning and Zoning Commission Minutes -Final May 29, 2007 discuss it with her brother and Mr. Pratt to see if they would be willing to share in the expense of the improvements. She stated that would be an expensive project and since Mr. Pratt has already made some improvements to his portion of the road, she did not think he would be willing to do so, or maybe he would, she did not know. Commissioner Phelps stated the road seems to be the issue with whether or not this plat will be approved. There being no one wishing to speak, the public hearing was closed at 7:19 p.m. Commissioner Dudziak questioned Marshal McKeown regarding what are the specifications for the minimum standards that the fire engines have to have to access this? Marshal McKeown replied the fire lane requirements are in the Land Development Code. It states seven inches of asphalt for a modified subgrade capable of supporting up to 65,000 pounds, or it can be built out of concrete and the Land Development Code states certain specifics, such as the size of rebar, spacing capable of supporting up to 65,000 pounds as well. Commissioner Dudziak questioned Marshal McKeown regarding if there is a potential risk that if this road is not substantial enough to be able to support the vehicles? Marshal McKeown replied yes, that would be correct. Commissioner Taylor made a motion to ask the applicant that want to build on this property, if they would want to put this on hold and go back and see what they can get done with the road coming in and work with Mr. Pratt in bringing in the road before the Commission disapproves of this plat. City Attorney Michael Kallas replied there are some time considerations. It would take an affirmative grant of a deferral period to waive the 30 day requirement from the owner in order for them to have the Commission the power to do that. Otherwise, a vote either to approve or deny should happen today or else it would be approved by the 30 day requirement. Commissioner Byerly questioned staff if this plat is denied, can the applicant bring forth another plat? Chris Fuller replied correct. Commissioenr Phelps questioned staff regarding if the applicant will have to wait another year? Chris Fuller replied no, they could begin the process anew. Commissioner Byerly moved to deny case P-07-025. Commissioner Knox seconded. Commissioner Byerly stated there being an issue with a flag lot of a flag lot of over an easement which has not been presented before. He City of Colleyville Page 4 Printed on 6/12/2007 Planning and Zoning Commission Minutes -Final May 29, 2007 stated to the applicant to come back with enough right of way to build an actual road back there to serivice those two lots. Commissioner Phelps questioned Mrs. Goetting regarding, after having heard the types of requirements from the fire code, is that the type of investments you are willing to approach? Mrs. Goetting questioned the Commission if they wish for them to put in a road deemed to be public? Commissioner Byerly stated it would have to be a public road. Mrs. Goetting questioned why? Commissioeer Byerly replied the Land Development Code requires every lot to have public street frontage and this would be the only way to have the frontage. He stated not being willing to rely on an easement back there to a second lot. He stated easements laws are to be determined by private property rights and the Commission is not here to determine that. He stated the only way to ensure access would be to have a public street. Mrs. Goetting replied that being a little much to ask of them. She stated that would entitle Mr. Pratt to subdivide his property into five, one acre lots, or 10 half acre lots and she stated she did not want him to do that. City Attorney Kallas replied the public hearing has been closed and there is a motion pending a vote by the Commission. Commissioner Phelps stated wanting to have a road in place that would hold the needs for the load, whether public or private, it will need to conform to the fire code. Commissioner Taylor stated there being a need for a substantial road to go back to the back house. Commissioner Knox stated the road is an issue as well as the fire hydrant. He stated the fire hydrant needs to be on a loop system and the Fire Marshal does not know how it is connected. He stated if there is going to be more development back there, the fire line needs to be sufficient to support the load as well as the road. Commissioner Phelps concurred and stated all would need to be in compliance, safe, and accessable. Commissioner Dudziak questioned staff regarding if there are more situations like this in Colleyville? Chris Fuller replied there are existing residential lots that have access from easements without frontage on public roads, however, does the request mirror the one before the Commission this evening, he stated not knowing. Commissioner Dudziak stated while there is a need for substantial roads, all of the codes and ordinances are in place with the city so that the fire trucks can get down the road and are well defined in the city code, yet, City of Colleyville Page 5 Printed on 6/12/2007 Planning and Zoning Commission Minutes -Final May 29, 2007 while very expensive, those guidelines still need to be followed when building roads. Commissioner Phelps questioned staff if by complying with the code, does it dictate the need for it to be a public road, can it be a private road that conforms to the code? Chris Fuller replied if the development is fewer than 25 lots, the property would need to be rezoned to a Planned Unit Development Residential. If they subdivide into 25 lots, they can build a private road upon approval by City Council. Commissioner Byerly questioned staff regarding if there would be a potential to go to the developers in the area and have them have connectivity? Chris Fuller replied the development to the south has already been platted and filed with the County with no roads to connect to this development. The development to the west has not filed with the County, therefore the developer for that project could be contacted for a possible connection. Commissioner Taylor stated upon the possible building of the new road, Mr. Pratt may decide to subdivide. The motion to deny carried by the following vote: Aye: 5 -Knox, Dudziak, Taylor, Phelps, Byerly Absent: 2 - Redfearn, Duffy 7b Approval of a Zoning Change from R40-Single Family Residential to R30-Single Family Residential on 1.5 acres on Lot 1, Block 1 of the Harden Addition located at 4916 Behrens Road, Case Z-07-016 The applicant submitted a letter to withdraw this zoning request, therefore this item was not opened for discussion. 8. STAFF COMMENTS, REPORTS AND DISCUSSION ITEMS None 9. COMMISSIONERS' COMMENTS AND REPORTS None City of Colleyville Page 6 Printed on 6/12/2007 Planning and Zoning Commission Minutes -Final May 29, 2007 10. ADJOURNMENT The meeting adjourned at 7:32 p.m. I hereby certify the above agenda was posted on the bulletin boards at City Hall on Thursday, May 24, 2007 by 5:00 p.m. Amy Shelley, Planning and Zoning Assistant Meeting minutes approved on June 11, 2007. City of Colleyville Page 7 Printed on 6/12/2007