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Home My WebLink About11132014 ZPC Agenda Item 5 i o The Citi of\Vest University ersity Place 1 A-0 hhol'hood (;in ZONING& PLANNING COMMISSION Municipal Building 3800 University Boulevard MEETING MINUTES October 9, 2014 MEMBERS PRESENT: Sam Parikh, Lauren Griffith, Connie Clark, Mike McEnany, Philip Snyder and Mary Anne Jay MEMBERS ABSENT: Richard Wilson STAFF PRESENT: Chris Peifer, ACM/PWD; Gerardo Barrera, Project Coordinator; Debbie Scarcella, City Planner; James Novak, Fire Marshal; and Martye Kendrick, Legal Counsel Special Session: Jointly with Steering Committee. Call to Order — With quorum present at 5:05 p.m., Sam Parikh, ZPC Vice-Chair, called the meeting to order. Steering Committee members present were Bruce Frankel, Chris Peifer, Gerardo Barrera, Debbie Scarcella, Sam Parikh and Lauren Griffith. Steering Committee members not present were Marshall Clinkscales and Richard Wilson. 1. Non-Residential Zoning Regulations. Gary Mitchell with KKC presented a few items that were still undecided as well as commentary from the Town Hall meetings held on September 29. There were approximately 30 residents in attendance at the Town Hall Meetings. A discussion followed regarding the items needing final decisions. Gary Mitchell then went over the tentative schedule for the remainder of the project. The final draft provisions will be presented to the City by October 31. Motion to adjourn by Sam Parikh. Second by Lauren Griffith. Motion Carried. Adjourn—The special session was adjourned at 6:11 pm. Regular Session and Public Hearing. Regular Session and Public Hearing called to order at 6:21 pm. 2. Notices, Rules, Etc. ZPC members and Staff introduced themselves. Vice-Chair Sam Parikh explained the procedure of the hearing and asked of the manner in which notices were posted. Debbie Scarcella stated that the notices were posted and published in accordance with state and local requirements. Motion by Lauren Griffith to accept that the notices were posted in accordance with state and local requirements. Second by Connie Clark. Motion carried. 1 3800 University Boulevard I West University Place, TX 77005 I www.westutx.gov • "j] ( it`r of\Vest University Place 1 .N'ei hborhood Cin 3. Docket No. 2014-01 Property at 3615/3619 Pittsburgh Street, West University Place, Texas 77005. a. Public hearing regarding the following matters: The applicant requests Preliminary and Final Replat Approval of five adjoining lots in order to create two building sites. The applicants, Platt Hardin, Inc. and Barbara Ownby, were represented by Andrew Allemand with Windrose Land Services, Inc. Mr. Allemand began the presentation by stating that the property, which was located at 3615 and 3619 Pittsburgh Street, is in a Single-Family 1 (SF 1) zoning district and is located at the southeast corner of the intersection of Pittsburgh Street and Poor Farm Ditch. There are presently two separate building sites at the property with residential structures located upon them. The current configuration is of two 100' deep residential properties side by side, with the remaining portion that is 150' wide by 150' deep, extending behind 3615 Pittsburgh. The property owners are reconfiguring the properties and changing the metes and bounds to have two building sites in tandem(back to back) with a 30' wide by 125' deep private access drive serving the rear building site. Usually whole, unsubdivided lots can legally be joined to create building sites through an administrative platting process. In this case, however, the reconfiguration created two irregularly shaped lots, thus requiring a public hearing. State law further requires notices to be sent if the property has been used as or is zoned as single family residential for a period of five years prior to the plat request. The applicant is requesting that both preliminary and final approval be granted concurrently as there are no extensions of utilities, additional right of way or easements needed,nor the construction of any public or private facilities. James Novak, Fire Marshal, explained how the access easement would not meet the fire code dimensions for a truck to turn around and therefore, the recommendation of the fire department would be for the structure to be fully sprinkled. He also recommended that any gate across the access easement be supplied with a Knox Box for emergency vehicle ingress and egress. There were several residents who spoke against the plat. Erik Herbst, 6518 Mercer; Mardi Turner, 6515 Mercer; and Yean Sun, 6514 Mercer. Sue Hannah, Pemberton also spoke against the plat. The universal concerns of the residents were the access easement and fire safety concerns,property safety since the back lot would not be visible from Pittsburgh Street and the"flag"type lots not being consistent with the City's overall general plan. Discussions followed concerning these matters. There were no speakers in favor of the plat. Staff received two emails against the plat, one from the speakers listed above and one from Jessica Breitbeil, 3626 Pittsburgh concerning the possibility that a street would be developed along the ditch thereby permitting a multiple housing development. 3800 University Boulevard I West University Place, TX 77005 I www.westutx.gov F • I Mlle City of West University Place 1 ;1ei hbt ihr od fattt_ Staff discussed the facts that Chapter 74 of the Code of Ordinances establishes the minimum technical requirements for preliminary and final plat approval. The proposed plat meets those technical requirements. There are no increases in the number of lots or city services. The Public Works Director does not require any additional easements or right of ways. The minimum requirement for building site width and length is 75' by 110' and each building site must contain 8,250 square feet. Generally,width is measured along the property line at the street right of way. Technically speaking, lot 2 does not meet the width test abutting the Pittsburgh Street right of way. However, Section 5-100 (5)of the Zoning Ordinance provides an exception to this requirement if the ZPC approves a plan,plat or replat establishing a building site with smaller dimensions after the 1987 effective date contained in Table 5-1, "Building Site Dimensions". The majority of building site 2 is more than 75' wide and is accessed by a 30' wide strip, creating an irregular shaped building site. Discussion followed regarding what makes a legal building site and what does not. Martye Kendrick, Legal Counsel,read the State Law regarding plat approvals. She advised that the general plan of the City, including the zoning regulations, could be considered in approving or not approving a plat. Because of the concerns expressed by the Fire Marshal regarding the proposed 30' access easement,Note 10 on the plat should be amended to provide a fully sprinkled structure. Staff also requests that Note 10 be changed to reflect the most current adopted International Fire Code instead of the 2012 edition in case a structure is not built on the site before a new code is adopted. Connie Clark made a motion to close the public hearing portion of the meeting and to incorporate all evidence and testimony into the public record. Second by Mike McEnany. Motion carried. b. Deliberation, decision, other action, etc.regarding the preceding matters. The ZPC deliberated to approve or disapprove the plat. Motion by Sam Parikh to disapprove the preliminary and final plat of Beau Cliffe subdivision because the proposed plan is not consistent with the general plan of the city for minimum lot width and by not abutting a city approved and improved street. Second by Mary Ann Jay. Ayes: Parikh,McEnany, Jay, Snyder. Noes: Griffith and Clark. Motion carried. 4. Minutes. August 13, 2014. Motion to approve the minutes as written by Lauren Griffith. Second by Sam Parikh. Motion carried. September 11,2014. Motion to approve the minutes as written by Lauren Griffith. Second by Sam Parikh. Motion carried. 5. Executive Session (if necessary). Not used. 3 3800 University Boulevard I West University Place, TX 77005 I www.westutx.gov 111 MCC]tY of\Vest University Place it Nci -1hbur 1iu(x1(;in Adjournment. Phil Snyder made a motion to adjourn. Sam Parikh seconded. Motion carried. Meeting adjourned at 7:42 p.m. PASSED THIS 13th DAY OF_November_, 2014. Richard J Wilson, Presiding Officer ATTEST: Debbie Scarcella, City Planner 4 TOP WORK PLACLs 3800 University Boulevard I West University Place, TX 77005 I www.westutx.gov