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HomeMy WebLinkAbout1979-05-15 } 4110 Regular Meeting Planning and Zoning Commission May 15, 1979 CALL TO ORDER The regular meeting of the Planning and Zoning Commission was called to order at 7:35 p.m. in the Council Chambers of Euless City Hall by Acting Chairman Neal Adams. Other members present were Messrs. John Deithloff, Chris Jones, and Mrs. Helen Lightbody. (Absent were Messrs. Bob Eden, Carl Tyson, and Sam Munir) Also present were Planning and Zoning Coordinator Kent Flynn and Recording Secretary Becky Gunter. VISITORS Visitors in attendance were Messrs. Jim Culbertson, John H. Rosamond, Huey H. Ball , and Mrs. Willie Mae McCormick. 41) INVOCATION The invocation was given by Mr. John Deithloff. APPROVAL OF MINUTES Mr. Jones made a motion to approve the minutes of the regular meetinj dated April 17, 1979, as written. Mr. Deithloff seconded the motion and the vote was as follows: Ayes: Messrs. Jones, Deithloff, Adams, and Mrs. Lightbody Nays: None Acting Chairman Adams declared the motion carried. C (Page Two, Regular Meeting, Planning and Zoning Commission, May 15, 1979) CONSIDER PRELIMINARY AND FINAL PLATTING - HARWOOD PARK TOWNHOME ADDITION, PHASE I . LOTS 1-53, BLOCK 1 LOCATED NORTH OF EAST HARWOOD ROAD AND WEST OF FULLER-WISER ROAD Mr. Ball stated he is the architect for the subject project with offices located at 210 First State Bank Building in Bedford. He stated some of the items of the letter dated May 11 , 1979 have been worked out with the staff. He stated item one requests that an eight-inch sewer line, which is to be installed parallel to the front property line, be extended to the west boundary line. He stated they agree to this, and it has been drawn on the plat. However, at this point, drawings show the line to a higher elevation than the staff has requested. The original design took the sewer line to a depth that would drain Phases 1-8 of their property. The owner has agreed, however, to carry the line to the depth requested by the city staff, which is to the minimum fall from the existing manhole number two. There was a question in the owner's mind concerning part two of item one which states the line depth could be raised provided it could serve Oakwood Acres to the north. He asked if the City intends to drain Oakwood Acres through the subject project rather than through the line in North Main. Mr. Flynn stated the city does not intend to drain Oakwood Acres through the subject line. The Development Review Committee is concerned that the property to the west between Main Street and the proposed Phase 8 be serviceable on this line. He stated the city engineering staff be- lieves that the line will serve this area if it is not raised from the depth at manhole number two as is presently shown on the plans. Mr. Ball stated they will maintain the line at minimum fall depth from manhole number two. He requested the last sentence of item one be deleted. Mr. Flynn stated the purpose of the second part of item one was to insure service to the west if the line were raised. However, since the developer has agreed to lower the line, this statement is not necessary. Mr. Ball stated item four has been resolved. He stated they would like to amend the second sentence of item three to delete "along and" and change "northern" to "southern" so it will read ". . .a six-inch line should be extended inside the west boundary of the property from the existing eight-inch line on Harwood Road to the southern six-inch line stub out." This would satisfy the conditions for the loop. Acting Chairman Adams stated in doing this, the line would not go in as far as shown on the plat; it would only extend to the first easement from Harwood. He asked Mr. Flynn if this is in agreement with the staff. Mr. Flynn stated it is. (Page Three, Regular Meeting, Planning and Zoning Commission, May 15, 1979) Mr. Ball stated an easement is shown on the plat which they are requesting to relocate and enlarge to ten feet in lieu of five feet. Acting Chairman Adams asked Mr. Flynn if the staff is agreeable to this. Mr. Flynn stated it is. He stated the staff has worked with Mr. Ball to allow this line to be located closer to the units but the line will still have to stub out at the property line to the west. Mr. Ball stated they intend to do so. He stated they request the Planning and Zoning Commission to allow the develop- ment of, or escrow of money for this portion of the project to come prior to the issuance of the certificate of occupancy rather than prior to platting. The reason for this is to allow the monies required to wait until such a time as there is a cash flow rather than up front. The purpose of this requirement is to assure the city that the water line would be installed. However, allowing the escrow of money prior to the issuance of a certificate of occupancy would still assure the installation of the water lines as a developer would not con- struct a building which could not be occupied. Acting Chairman Adams stated this is 41) in reference to the six-inch water line. The other water lines in the develop- ment would be put in immediately. Mr. Ball stated this is correct. The loop system required for fire protection is something which will not be needed until the buildings are occupied. Acting Chairman Adams stated the Planning and Zoning Commission would not have the authority to allow such a change in the procedures. However, the Commission can make a recommendation to the City Council . Mr. Flynn stated the purpose of the looped water system is to provide adequate fire protection. The staff feels if there were a major fire within the project, adequate water pressure and volume would not be provided without the two-way feed. While the project meets the city re- quirements without the additional six-inch line, the Fire Chief, Public Works Director, and other members of the Development Review Committee feel it is necessary for fire protection. Therefore, this additional line is in the form of a recommendation and is not required in the subdivision ordinance. Also, the staff feels an arrangement could be worked out with the developers since it is not a requirement. Acting Chairman Adams stated the develop- er could construct the line prior to the issuance of the certificate of occupancy and thereby eliminate the requirement of escrowing the money. 401) (Page Four, Regular Meeting, Planning and Zoning Commission, May 15, 1979) Mr. Flynn stated the funds will still need to be escrowed because the city enters into a City-Developer Agreement whereby the city collects an escrow account and also a separate contract with the contractors to do the work. Then draws on the escrow account are made to pay the contractor. Acting Chairman Adams stated Mr. Ball is requesting the escrow funds for the six-inch water line be separate from the escrow for the remainder of the improvements. He realizes, however, the prob- lems this could create in relation to the three-party contract. As an alterna- tive, an irrevocable letter of credit, either for all or a portion of the six- inch line, could be put up as Apposed to putting up the actual money in escrow. Mr. Ball stated the developer has almost reached the limit for his letter of credit. Therefore, he is not sure if a letter of credit could be obtained. Mr. Flynn stated the escrow requirement can be waived until prior to the issuance of the certificate of occupancy as the six-inch line is a recommendation and not a requirement. Mr. Ball stated he is agreeable to this. He stated item two refers to the sidewalks, curb and gutter and asphalt tie-in for Harwood Road which they are in agreement with, and has been shown on the revised plans. Item two also refers to the requirement of pro-rata for half of a thirty-six foot street. The owner has no objection to the pro-rata for the construction of the street. However, he does request that the escrow monies for Harwood Road be required prior to issuance of the certificate of occupancy rather than prior to platting. The owner so requests to allow the escrow monies to be put up after he is making construction draws and funds are available. Also, the partial construction of Harwood Road at this time would be a hazard. He, therefore, requests the Planning and Zoning Commission to recommedd to the City Council that escrow monies be required prior to the issuance of the certificate of occupancy, as opposed to prior to platting. Mr. Flynn stated the staff has researched this situation and the staff letter of May 15th points out a portion of the sub- division ordinance which item two of the May 11th letter is based on. Item two is regarding the subdivision requirement of escrow monies before any work is started in the subdivision. Also, a final plat cannot be approved if there are outstanding monetary obligations due the City of Euless. Back taxes are due on the subject property. These items are requirements of the city as opposed to the six-inch water line being a recommendation. Discussion Acting Chairman Adams stated he feels the Planning and Zoning Commission could make a recommendation to the City Council that the escrow funds be required prior to the issuance of the certificate of occupancy rather than prior to platting if so desired. However, it would merely be a recommendation. The primary concern of the city is to provide the funds whether by letter of credit or the actual placement of funds in an escrow account. He sees no reason why the funds could not be required prior to the certificate of occupancy. However, the taxes would have to be paid prior to platting. (Paqe Five, Regular Meeting, Planning and Zoning Commission, May 15, 1979) Mr. Culbertson stated he believes the taxes have recently been paid. Mr. Flynn stated Mr. Brown of the tax office notified him on May 14, 1979 that taxes had not yet been paid. Mr. Flynn stated the city will need a receipt of taxes paid prior to platting. Acting Chairman Adams requested the staff letter of May 15th related to the subject plat be made a part of the minutes. Mrs. Lightbody asked the chairman if he saw a problem with individualized flexability of financing as we are suggest- ing here. Could it put a burden on future developers? Could it put a burden on the Commission as far as being consistent? Acting Chairman Adams stated this would be a concern at the Council level . The Subdivision Rules and Regulations are written for all of the developers so that it is fair to everybody, and everybody is treated on an equal basis. However, a concern of his is the lack of flexability of some of the rules if there are other means to protect the city and accomplish 1110 the same goal . He stated he feels Mr. Ball is trying to address this by suggesting the city obtain the same protection by tying it to a certificate of occupancy, rather than at time of plat filing. The main concern of the city is that they get the money. He is not sure that the city is real concerned about when they get it sd long as they are in a position that they can obtain it. Mr. Flynn stated the staff does have some concern about when they get the monies for required public improvements. Mr. Flynn stated the reason this is tied to platting is that the developer of the plat is responsible for making those public improvements. Once they are constructed, they are dedicated to the city and the city maintains them. The reason the procedure has worked successfully thus far is that if, for example, the development is sold, the homebuilders would not be required to make the improvements and there is a question whether a certificate of occupancy could be withheld for the improvements since the ordinance stipulates that platting approval is subject to the public improvements being provided. There may also be a question as to liability for fire protection if we were to change procedures to allow buildings to go up in an area where the streets had not been put in, thus preventing our fire engines from getting to the project. This is one of many factors which the Development Review Committee looks at. While the city staff does not want to retard development, there has not been a problem with current procedure with past developments. Acting Chairman Adams stated there is also a potential problem if the units are sold to individual builders. Mr. Ball asked if a stipulation could be made that the new owner acquire the responsibility for the improvements. IC) (Page Six, Regular Meeting, Planning and Zoning Commission, May 15, 1979) Acting Chairman Adams stated there may be a problem making the potential owner aware of the stipulation. Mr. Ball stated the stipulation could be placed on the plat. Acting Chairman Adams stated this is correct. Mr. Flynn stated the public improvements and private construction are two separate matters. The buildings are on private property whereas the improvements are on public property. Therefore, there is a question as to the ligitamacy of withholding a certificate of occupancy based on public improvements. Acting Chairman Adams suggested approving the plat subject to legal council from the City Attorney to assure city protection in the areas discussed, if the Commission agrees. Acting Chairman Adams inquired about the public access to the property to the east; would it be private or public. Mr. Ball stated it would be private. 110 There would be 20'6" of pavement from the back of the curb to the end of the asphalt. Acting Chairman Adams stated the plat only indicates a fifteen-foot strip for public access and utility easement. Mr. Ball stated an additional thirty-five feet will be dedicated by separate instrument. He stated they are also in the process of providing an easement across Phases 2 and 3 for sanitary sewer. Acting Chairman Adams stated this would be an off-site sanitary sewer line to the east property line of Mr. Coy Moon's property. Mr. Jones made a motion to recommend preliminary and final plat approval of Lots 1-53, Block 1 , Harwood Park Townhome Addition, Phase I , subject to the city staff letter of May 11 , 1979 as amended by discussion, the thirty-five foot dedicated access easement to the east property line, the sanitary sewer being extended east to the western property line of Meadowview Addition, and, if within the realm of legal rights of the city in order to protect the city's rights, to allow the escrow of funds required for the public improvements referred to in comments two and three of the May 11th letter be delayed to prior to the issuance of a certificate of occupancy rather than prior to platting. C IC (Page Seven, Regular Meeting, Planning and Zoning Commission, May 15, 1979) Mr. Deithloff seconded the motion and the vote was as follows: Ayes: Messrs. Jones, Deithloff, Adams, and Mrs. Lightbody Nays: None Acting Chairman Adams declared the motion carried. II . ADJOURNMENT The meeting adjourned at 8:25 p.m. APPROVE Chairman ID C