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HomeMy WebLinkAboutPZ 2006-09-21 Minutes MINUTES OF THE MEETING OF THE PLANNING & ZONING COMMISSION OF THE CITY OF NORTH RICHLAND HILLS, TEXAS SEPTEMBER 21, 2006 1. CALL TO ORDER The meeting was called to order by Chairman Randy Shiflet a! 7:00 p.m. 2. ROLL CALL Ex Officio Randy Shiflet Don Bowen Brenda Cole Bill Schopper Kelly Gent PRESENT Chairman Secretary ABSENT Mike Benton Mark Haynes Steven Cooper CITY STAFF Dir. of Planning & Development Chief Planner Planning Assistant Asst. Dir. of Public Works Recording Secretary John Pitstick Eric Wilhite Carolyn Huggins Greg Van Nieuwenhuize Dianna Buchanan 3. PLEDGE OF ALLEGIANCE 4. CONSIDERATION OF MINUTES FROM THE AUGUST 17, 2006 MEETING APPROVED Bill Schopper, seconded by Brenda Cole, motioned to approve the minutes of August 17, 2006. The motion carried unanimously (4-0). Page 1 of 8; 9/21/06 P & Z Minutes 5. ZC 2006-03 PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM B H & L JOINT VENTURE TO APPROVE A ZONING CHANGE FROM "C-1" COMMERCIAL, "0-1" OFFICE, & "R-3" SINGLE FAMILY RESIDENTIAL TO "R-2" SINGLE FAMILY RESIDENTIAL (LOCATED IN THE 8200 BLOCK OF DAVIS BLVD. - 23.371 ACRES). APPROVED Eric Wilhite presented ZC 2006-03. Mr. Wilhite stated that this is a zoning change request consistent with the surrounding land uses and properties. This request is located in the 8200 Block of Davis Boulevard. It has been reviewed, meets all the technical requirements, and Staff recommends approval. Chairman Shiflet opened the Public Hearing. Mr. Roger Martin, 8629 Timber Drive, asked for clarification of several items. Will Timber Drive be a through street? Right now it is a cul-de-sac that school buses and garbage trucks use as a turnaround, so his hope is that it will be a through street. Also, the existing properties on the west side of Timber Drive are four feet higher so what will be done about the water runoff? Mr. Kelly Elliott of 8628 Timber Drive spoke. His property is Lot 20 on Timber Drive which backs up to this proposed development. He indicated on his card he is against the development, however he is not necessarily opposed but has concerns that he would like addressed. The drainage issue affects his property. The natural flow of drainage traverses from the northeast to the southwest across the back of his property and continues into what would be this development toward the creek. He wants to know from the developer what would be done to ensure that flooding doesn't occur. He also is concerned about traffic hazards on Davis Blvd. since there will be three streets in close proximity - the existing Timber Drive and a recently built street, Shadywood Lane, which has a signal light and a fire station exiting out onto Davis, along with the street proposed by this development. He stated that it seems it would have been better to bring the street in at Shadywood Lane where there is already a light. He also is concerned with whether Timber Drive is a through street since a through street would bring substantial new traffic onto Timber Drive. Given Timber Drive's current width, he stated that he thinks that would create an unsafe situation. If Timber Drive becomes a through street, he believes to make it safe that Timber Drive's width will have to be addressed. Mr. Chet McClain, 8213 Thornhill Drive, asked about a strip of property on the east side of the new proposal that doesn't appear to be in either development. He stated that he lives in the fourth house from the end on Thornhill Drive and that there is a ditch directly behind his property. His property is built up approximately 3 feet with a retaining wall above the ditch. The properties drain back there. He wanted to know who would maintain the ditch and whether or not the existing trees back there would stay. He also Page 2 of 8; 9/21/06 P & Z Minutes is concerned about drainage, stating that although there are currently drought conditions, in the past that entire field was flooded. Ms. Marla Smith, 8633 Timber, said that her house faces Timber and the back of four or five houses of the new development will face her side yard. She is concerned with drainage and that her property will be low compared to the new houses to be built so she will get all of the runoff. She stated that her other concern are the fences. She does not wish to have wood fences all along the side of her property because they tend to be not very good quality and also neighbors have a tendency not to replace them even if replacement is needed. Ms. Judy Showalter, 8624 Timber Drive, Lot 21 stated that she is concerned about drainage as the back half of her property is going to be abutting this development. She is also concerned about the type of fencing they plan on putting up that will separate this new development from her property, if any. She does not want the street to go through. She would like to retain the cul-de-sac on Timber Dr. They built their house on Timber nine months ago and the cul-de-sac was one of the bigger selling points for them as they are raising children. Mr. Les Bokros, 8632 Timber Drive, Lot 19 stated that there will be five houses abutting his property. He would like to clarify that the existing drainage problem was created by tremendous filling up at Davis Boulevard where they were originally going to put the fire station. He stated that it was raised four to six feet high, which blocked the creek completely. He stated that all of those lots were draining into the creek but now it comes back towards them and winds up on his property, Lot 19. He would like to know how that is going to be addressed. He is also concerned about the effect of this development on Timber Dr. He does not want the trash trucks turning around in his driveway which is what happens whenever the cul-de-sac is a mud hole. He asked if Timber Dr. will be widened. Mr. Robert Sampson, 8221 Thornhill Drive, Lot 1, stated that his back yard drops about 6 feet to the back fence and two-thirds of the water that runs off goes onto the vacant lots where they are now proposing to build homes. If there are heavy rains, there is a lot of water headed that way. If that development is raised, that will create a dam on his property. He stated that drainage would have to be installed as required by state law. Chairman Shiflet reminded everyone that this case is for the zoning issue only although this hearing is an appropriate forum for concerns to be expressed. He explained that the preliminary plat will address whether the street goes through, and since the applicant is present, perhaps he would be willing to address some of the concerns stated tonight. The Chairman explained that this public hearing is strictly for whether or not this land is suited for residential use as opposed to the commercial and office use that it is currently zoned. Eric Wilhite, Chief Planner, came forward to further clarify that the Commission is looking at whether or not they believe they can recommend approval to the City Council Page 3 of 8; 9/21/06 P & Z Minutes for the zoning change. He explained that the site layout is conceptual at this point. There is a preliminary plat right after this that is not part of the public hearing so a lot of the comments heard tonight are valid concerns but perhaps cannot necessarily be addressed as part of the zoning change. He stated that he was sure the applicant would be willing to come up and clarify some of those up to the point of what they have done right now. There are design criteria and ordinances established by the City for drainage and streets that will have to be addressed before the final plat can be approved. Changes to this conceptual site layout could occur after further engineering. Mr. Mark Long, 1615 Precinct Line Road, Hurst, the engineer representing the applicant on this project, addressed the Commission. Timber Dr. will become a through street, connecting to the new street created by this development. The existing cul-de-sac will be removed. Mr. Barfield (the applicant) gave permission to the trash trucks to use it as a temporary turnaround. With the new development, trash trucks can make a loop on the streets and go back out to Davis. There will not be a need to turn around in anyone's driveway. Most traffic will go out the larger street (the new street - not Timber Dr.) to Davis. Mr. Long explained that they tried to line up the new street with Shadywood, but there is a major box culvert drain in that path that prevented the alignment since it would encroach into the flood plain and Little Bear Creek Corridor, which means they would have had to fill in the floodway, which is not permitted. Mr. Long stated that regarding drainage, this new development is in some of the flood plain so they will have to build up the street, but he stated that they will have a flume probably running in the back of the lots that will allow water to get what will eventually be into the park area or the trail/flood plain area. Most drainage will be taken from the Timber Drive area into the flood plain area. Regarding fencing, Mr. Long stated that normally Mr. Barfield puts a wooden stockade fence along the development. He tries to have one size and type of fence. The wood fence is normally more expensive and better than the chain link or other types that you can see through. Mr. Long addressed Mr. McClain's question regarding the strip of land that didn't seem to belong to either development. Mr. Long stated that his firm did the original engineering on the Thornbridge South Addition and that this sliver of land came out of that plat. It provides an outage for drainage and to protect the trees there. To have filled that up completely would have wiped out all the trees along that back line. He believes that sliver of land was given to the City's Parks Department and that the City Parks Department maintains it although he believes with all the trees there that mowing isn't necessary. Greg Van Nieuwenhuize, Assistant Public Works Director, further addressed this small triangular piece of property. The City has been working with Long & Associates to see how the City can still maintain this as well as pick up the drainage from these homes while at the same time keeping it aesthetically pleasing and functional and, most Page 4 of 8; 9/21/06 P & Z Minutes importantly, maintainable in the future. He explained that it will be handled at the final plat stage. Mr. Bowen asked staff if Ms. Marla Smith's concerns about fencing along her side yard could be addressed. He stated that part of her concern is that she doesn't want it to come all the way out to Timber. Is there a restriction on how far the fence can go? Mr. Wilhite responded that there are restrictions on how far the fence goes down the property lines. He also explained that there is not necessarily a requirement for fencing on the rear of residential properties, but as Mr. Long stated, builders normally put in all new wood stockade fences with these developments. A 6-foot fence is allowed with a maximum of 8 feet. As there were no others wishing to speak, the Chairman closed the Public Hearing and called for a motion. Don Bowen, seconded by Brenda Cole, motioned to approve ZC 2006-03. The motion carried unanimously (4-0). 6. PP 2006-01 CONSIDERATION OF A REQUEST FROM B H & L JOINT VENTURE TO APPROVE A PRELIMINARY PLAT OF LOTS 1-6, BLOCK 1; LOTS 1-13, BLOCK 2; LOTS 1-8, BLOCK 3; & LOTS 1-7, BLOCK 4, THORNBRIDGE WEST (LOCATED IN THE 8200 BLOCK OF DAVIS BLVD. - 23.371 ACRES). APPROVED Eric Wilhite presented PP 2006-01. Mr. Wilhite stated that this is a preliminary plat of the previously heard zoning case that will split this tract into what is being shown at this time as 34 single family lots. It has been reviewed and meets all the criteria as established in the subdivision rules and regulations and Staff recommends approval. Don Bowen, seconded by Brenda Cole, motioned to approve PP 2006-01. Brenda Cole asked for a brief mention of the traffic study. Greg Van Nieuwenhuize explained that the City requested a Traffic Impact Analysis (TIA) be done because of the short distance from the proposed new street in relation to Timber Drive as well as the relationship to Shadywood. Staff looked at the option of lining it up with Shadywood but because it is in the natural flood way that was not the best option and it's possible that FEMA won't allow it. Then staff looked at whether or not it could be slightly offset, but that would have a greater impact to the traffic on Davis and even be a hindrance to Timber Drive traffic because of the way that the traffic signals would be offset and the way the vehicles would cue on Davis. The location that Page 5 of 8; 9/21/06 P & Z Minutes the applicant is proposing will work the best in terms of traffic driving on Davis Boulevard and on exiting and entering to Timber Drive. Chairman Shiflet explained that both City and State approval is needed to cut a street onto Davis Blvd. and the applicant does not yet have State approval. Mr. Long responded that they are in the process of obtaining that approval. Mr. Schopper asked staff if in their experience would a development like this create more or less traffic on Timber Dr. Did the TIA give a conclusion? Mr. Van Nieuwenhuize responded that although he could not presently recall what the impact was to Timber, he believed the engineer's conclusions were that this change would be insignificant due to the number of homes involved in this development. As there was no further discussion, the Chairman called for a vote on the motion. The motion carried unanimously (4-0). 7. RP 2006-12 CONSIDERATION OF A REQUEST FROM ROBERT AND PAT HUNT TO APPROVE A REPLA T OF LOTS 3D & 4A, BLOCK 3, WOODBERT ADDITION TO LOT 3R, BLOCK 3, WOODBERT ADDITION (LOCATED IN THE 8200 BLOCK OF SAYERS LN. - 0.6374 ACRES). APPROVED Eric Wilhite presented RP 2006-12. Mr. Wilhite stated that this is a replat of what is currently two lots into one lot, creating a 0.6 acre lot. The current zoning of the lots is "R-3". This lot will be a little oversized for R-3 but will definitely meet the building standards for R-3 width. It has been reviewed and Staff recommends approval. Bill Schopper, seconded by Brenda Cole, motioned to approve RP 2006-12. The motion carried unanimously (4-0). 8. FP 2006-12 CONSIDERATION OF A REQUEST FROM AP SURVEY COMPANY ON BEHALF OF PERRY & VALERIE ROBERTS TO APPROVE A FINAL PLAT OF LOT 1, BLOCK 1; ROBERTS ESTATES, (LOCATED IN THE 8900 BLOCK OF MARTIN DR. -1.996 ACRES). APPROVED Page 6 of 8; 9/21/06 P & Z Minutes Eric Wilhite presented FP 2006-12. Mr. Wilhite stated that this is a final plat for a 1.9 acre tract of land. It recently went through a zoning change request to "R-1-S" Special Single-Family Residential. It meets all the district development criteria. The City's engineer has determined that there is no additional public infrastructure needed and therefore no local proportionality included with this plat. Staff has reviewed it for conformance with subdivision rules and regulations and recommends approval. Bill Schopper, seconded by Brenda Cole, motioned to approve FP 2006-12. The motion carried unanimously (4-0). 9. RP 2006-10 CONSIDERATION OF A REQUEST FROM SMITHFIELD SUMMIT, LP TO APPROVE A REPLAT OF LOTS 15 & 16, BLOCK H AND LOT 22, BLOCK J AND PORTIONS OF THREE UNPLATTED TRACTS IN THE JOHN BARLOUGH SURVEY TO LOT 15R, BLOCK H, SMITHFIELD ADDITION (LOCATED IN THE 8000 BLOCK OF MID CITIES BLVD. - 4.996 ACRES). APPROVED Eric Wilhite presented RP 2006-10. Mr. Wilhite stated that this is a replat of an approximately 4.9 acre site located on Mid Cities and Davis. There are two existing platted lots and the remainder is a tract; all is being compiled into one lot and replatted as such for development into a commercial retail strip center. The site plan for this development is the next agenda item. Staff has reviewed the subdivision rules and regulations for this plat and it meets all the criteria. Staff recommends approval. Bill Schopper, seconded by Brenda Cole, motioned to approve RP 2006-10. The motion carried unanimously (4-0). 10. SP 2006-10 CONSIDERATION OF A REQUEST FROM SMITHFIELD SUMMIT, LP TO APPROVE A SITE PLAN FOR A RETAIL CENTER, LOT 15R, BLOCK H, SMITHFIELD ADDITION (LOCATED IN THE 8000 BLOCK OF MID CITIES BLVD. - 4.996 ACRES). APPROVED Eric Wilhite presented SP 2006-10. The applicant is requesting site plan approval for development of a 31,350 square foot retail commercial center. They will have access off of Smithfield Road and also off of Mid-Cities. There were some drainage issues so the site plan shows a required detention pond. Staff has worked extensively with the applicant through the site plan process and all the engineering requirements have been met. Rough proportionality has been addressed and the applicant has been advised Page 7 of 8; 9/21/06 P & Z Minutes that they will be required to extend all necessary infrastructure and public improvements. The site plan meets all landscape requirements. All building elevation requirements for masonry are met. Staff recommends approval. Mr. Schopper asked if the site will be developed in stages. Eric Wilhite stated that as the planning and engineering took place staff advised the applicant that the required 15' landscape buffer would be required and any plant material or portions of the drainage facility placed there could possibly remain and be used for the future development requirements. The detention facility is required to have landscaping, but if it falls within the street yard both can be combined. The extent to which the drainage facility will have to be removed or reconfigured depends on how the future site development is done. Bill Schopper asked about it being located along the corner of the property. Mr. Wilhite stated that this is the direction the drainage is going. And that while it is a hard corner, no further drive cuts were going to be permitted and that the future development of this area of the property will work around the mutual access being created by the site development being done now. So the actual impact of this area being taken up by the drainage perhaps isn't as significant. Don Bowen asked, once again, if there are no median cuts in Mid Cities? Eric Wilhite said that is correct. Bill Schopper, seconded by Brenda Cole, motioned to approve SP 2006-10. The motion carried (4-0). 14. ADJOURNMENT The chairman adjourned the meeting at 7:43 p.m. Chairman Secretary ~~~ ~Q~ Randy Shiflet Don Bowen Page 8 of 8; 9/21/06 P & Z Minutes