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HomeMy WebLinkAbout2018-12-06 CITY OF EULESS ZONING BOARD OF ADJUSTMENT DECEMBER 6, 2018 MINUTES A regular meeting of the Zoning Board of Adjustment was called to order by Chairman Crites at 6:00 p.m. on December 6, 2018 in the Council Chambers of City Hall, 201 North Ector Drive. Those present included Chairman Ruby Anne Crites, Vice Chairman Clarence Moore, and Board Members: Steve Elliot, Charles Cinquemani, Ron Young, and Alternate Board Members: David Brown and Carol Dufinetz. During the Pre-Session Meeting: • Senior Planner Stephen Cook reviewed the regularagenda. ZONING BOARD OF ADJUSTMENT CONSIDERATION OF SCHEDULED ITEMS — PRE-COUNCIL CONFERENCE ROOM The Euless Zoning Board of Adjustment continued their meeting in the Council Chambers at 6:30 p.m. for consideration of scheduled items. STAFF PRESENT: Mike Collins, Director of Planning and Economic Development Stephen Cook, Senior Planner Jeanne Flores, Administrative Secretary VISITORS: Levi Christian Carol Dufinetz Michael Batiste Jeff Ground Anh Wing INVOCATION Board Member Young gave the invocation. THE PLEDGE OF ALLEGIANCE Board Member Cinquemani led the pledge of allegiance. ITEM 1. APPROVED ZONING BOARD OF ADJUSTMENT MINUTES Chairman Crites made a motion to approve the minutes for the regular meeting of May 10, 2012. Board Member Young seconded the motion. The vote was as follows: Ayes: Chairman Crites, Vice-Chairman Moore and Board Members: Elliot, Cinquemani and Young. Nays: None Zoning Board of Adjustment Page 1 December 6, 2018 Abstention: None Chairman Crites declared the motion carried. (5-0-0) ITEM 2. APPROVED ZONING BOARD OF ADJUSTMENT MINUTES Board Member Young made a motion to approve the minutes for the regular meeting of March 29, 2018. Board Member Cinquemani seconded the motion. The vote was as follows: Ayes: Chairman Crites, Vice-Chairman Moore and Board Members: Elliot, Cinquemani and Young. Nays: None Abstention: None Chairman Crites declared the motion carried. (5-0-0) ITEM 3. HELD A PUBLIC HEARING FOR ZONING BOARD OF ADJUSTMENT CASE NO. 18-02-ZBA Chairman Crites opened the public hearing at 6:40 p.m. Senior Planner Stephen Cook gave a brief description of the case. The applicant is requesting the following variances: • Variance from Section 84-204 Location of Driveways. (a) The curb return radius of driveways intersecting public streets shall be located no closer to the nearest right-of-way line of the nearest adjacent public street intersections than the minimum distances shown in Table 5-D. A platted lot with less frontage than the minimum distance required may be required to obtain access rights across adjacent property to a driveway meeting these requirements. (b) Driveways intersecting arterial streets with median dividers shall align with existing or planned median openings or be located a minimum distance along the property line of 125 feet from the nearest point of median opening as measured from the nearest median nose to the throat of the driveway. Median access may be achieved by means of access rights obtained by mutual agreement with an adjacent property owner with driveway access meeting these requirements. Table 5-D. Minimum Clearance of Driveways From Nearest Intersecting Street Right-of-Way Line Type of Street Type of Adjacent Minimum on Clearance Distance on Intersected Street Departure Approach Intersected Arterial Collector 100 feet 70 feet Zoning Board of Adjustment Page 2 December 6, 2018 • Variance from Section 84-205 Driveway access prohibited. A driveway serving a primarily residential land use shall not directly access an arterial street facility. A driveway serving a primarily commercial or industrial land use shall not be allowed to access a public residential alley. Mr. Batiste owns a 1.97 acre tract on W. Pipeline Road in which he intends to construct a single family residence. This property was purchased by meets and bounds description and the tract is not platted. Prior to Mr. Batiste's purchase of this property, City Staff was not contacted for the applicant to gain an understanding of the Unified Development Code requirements applicable to the development of this property. The property is zoned Single-Family Detached Dwelling District (R-1), which allows him to construct a home by right. However, there is currently no driveway access to the property. Centered on the property's north boundary along W. Pipeline Road is a signalized "T" intersection of W. Pipeline Road and Forest Ridge Drive. The applicant is requesting a variance to Section 84-205 which prohibits direct driveway access from a residential lot to an arterial road. W. Pipeline Road is identified in the City of Euless' Master Thoroughfare Plan as a Principal Arterial Road. Arterial roads are designated as such in order to provide inter-city connectivity and transportation across the community. While commercial development is allowed to have drive approaches directly onto arterials, the development design of such properties is intended to move a greater amount of traffic demand to those properties. The prohibition of residential properties with direct drive approaches eliminates a continued series of drive approaches for residential access, which could be as little as every fifty (50) to sixty (60) feet. Every driveway decreases the efficiency of the traffic movement on the arterial. The applicant has provided two designs of a drive approach to his property. The first is a typical approach which is one hundred, thirty-three (133) feet from the center of the intersection of W. Pipeline Road and Forest Ridge and approximately one hundred (100) feet from the east right-of-way line of Forest Ridge. The second drive approach design has a "right in, right out" design with a wider drive approach width, which is approximately sixty-seven (67) feet from the center of the intersection. This drive approach would only allow eastbound access to the property and only eastbound egress from the property. This configuration is in violation of Section 84-204 which requires drive approaches to be at least seventy (70) feet on approach from the intersection. In reviewing the drive approaches, staff has suggested that access to the property be made legally through an existing driveway to the west of the intersection into the neighboring property, with a cross access drive constructed to the applicant's property. Alternatively, a fourth side to the intersection could be made and a drive approach made through this new construction. The applicant believes that the above solutions are cost prohibitive and that the slope of the intervening properties prohibit a cross access drive from being constructed. Zoning Board of Adjustment Page 3 December 6, 2018 Staff has reviewed the submitted information regarding the request for the variances and recommends denial of the variances. Staff believes the situation could be characterized as a self-induced hardship. Chairman Crites asked to hear from the applicant if he wished to speak. Jeff Graham with JAS Brown Engineering representing the applicants spoke. Mr. Graham represented that the applicants were property owners and wished to construct a single family residence. He reiterated that the City of Euless Ordinance did not allow a driveway from a residential property onto an arterial road. Mr. Graham, utilizing hard copy images of the site, stated that his design of the drive approach to the property, offset from the intersection of W. Pipeline Road and Forest Ridge Drive would not interfere with the traffic control boxes located with the intersection. He stated that because of the depth of the lot, and the design of the driveway —that the action of backing into oncoming traffic would not occur on the subject property. Chairman Crites Closed the Public Hearing at 6:46 P.M. A question was posed to the applicant's representative whether the property had been platted. Mr. Mark Batiste, the applicant, spoke. He stated that he purchased the property with a metes and bounds description recorded with the County and thought that there would not be any issue with developing the property. He stated that if he had known that the status of the platting of the property would have been problematic he would have asked that question of the seller. He stated that today they are asking for the driveway access. Board Member Alternate, Dufinetz asked a question of clarification between the two options that Mr. Graham had provided for the drive approach, where one option has a turn-off approach and the other does not. Mr. Graham stated that option one has enough room for the turn off and the second option does not because of sight visibility issues. The second option was attempting to remove the drive approach as far away from the intersection as possible. A question was asked from the Board how trash receptacles would be placed on this site. Mr. Graham stated that the trash truck could potentially pull off from W. Pipeline Road and utilize off-street pickup A question was made from the Board whether a fence was in existence along Pipeline. Mr. Graham stated that there was an existing six-foot fence along W. Pipelline Road. Board Member Young asked if there was any consideration of aligning the drive with the Forest Ridge intersection. Zoning Board of Adjustment Page 4 December 6, 2018 Mr. Graham stated that they had considered aligning the drive with the intersection, but was concerned that public traffic would be confused by the fourth side of the intersection, continue southbound through the intersection and into the driveway of the new residence and then back out into the intersection. A question was made by the Board asking what the next step would be in this process if the variance was denied. Mr. Collins stated that staff would continue to work with the property owner on a solution which could, based on the topography, worth or contemplate a different condition which would be practical. Mr. Batiste stated that the City of Euless Ordinance allows a resubmittal of the variance in one year or to potentially litigate the decision of the Board as allowed by the Ordinance. A question from the Board asked if the applicant could go through the planning process? Mr. Collins stated that the preliminary plat required appropriate access and if it couldn't be provided then the platting could not be made. Chairman Crites asked for a motion. There were no questions or comments presented by the Board. Board Member Young made a motion to deny Case No. 18-02-ZBA for Variances for Driveway Location and Spacing for 1 .97 acres within the Morrisdale Estates Addition, Block 13, Portion of Lot 22E. Board Member Elliot seconded the motion. The vote was as follows: Ayes: Chairman Crites, Vice-Chairman Moore and Board Members: Elliot, Cinquemani and Young. Nays: None Abstention: None Chairman Crites declared the motion carried. (5-0-0) ITEM 6. ADJOURN There being no further business, the meeting was adjourned at 6:57 p.m. 10 24 19 Chairman uby Anne Crites Date Zoning Board of Adjustment Page 5 December 6, 2018