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HomeMy WebLinkAboutPZ 2007-06-21 Minutes MINUTES OF THE MEETING OF THE PLANNING & ZONING COMMISSION OF THE CITY OF NORTH RICHLAND HILLS, TEXAS JUNE 21, 2007 1. CALL TO ORDER The meeting was called to order by Chairman Randy Shiflet at 7:00 p.m. 2. ROLL CALL PRESENT Chairman Vice Chairman Secretary Randy Shiflet Bill Schopper Don Bowen Brenda Cole Mike Benton Kelly Gent Steven Cooper Mark Haynes Ex Officio Absent CITY STAFF Chief Planner Asst. Dir. of Public Works Asst. Planner Dir. of Economic Development Asst. City Manager Recording Secretary Eric Wilhite Greg VanNieuwenhuize Chad VanSteenberg Thad Chambers Ogden Bo Bass Teresa Koontz 3. PLEDGE OF ALLEGIANCE 4. CONSIDERATION OF MINUTES FROM THE JUNE 7, 2007 MEETING APPROVED Bill Schopper, seconded by Brenda Cole, motioned to approve the minutes of June 7,2007. The motion carried unanimously (5-0). Steven Cooper and Mark Haynes were absent. Page 1 of 10; 06-21-07 P & Z Minutes 5. ZC 2007-05 PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM THO THI DINH TO APPROVE A ZONING CHANGE FROM "R-2" SINGLE FAMILY RESIDENTIAL TO "NS" NEIGHBORHOOD SERVICES (LOCATED AT 7917 GLENVIEW DRIVE _ 0.83 ACRES) Chairman Shiflet opened the public hearing at 7:03 p.m. Micha Duffy, 601 W. Harwood Rd, Hurst, Tx, 76054 with Hamilton Duffy Engineering came forward representing the applicant. Mr. Duffy proposed to remove the existing residential structure and detached garage and build a small retail structure in its place. The required 4 ft. sidewalk along Keeter Drive will be addressed in the final plans. The owner wishes to maintain her dress shop with one-third to one-half of the structure and the remaining being several retail shops. Eric Wilhite came forward stating the comprehensive land use plan depicts this area for retail commercial and there would be a site planning process. He mentioned that, if anyone in the audience was concerned about the site plan change since there would still be adjacent residential zoning, the standard 6 ft. masonry screening fence and 15 ft landscape buffer would have to be installed as part of the zoning ordinance. Staff reviewed this zoning change and recommends approval. Bill Schopper asked if this was consistent with the Boulevard 26 plan? Eric Wilhite stated yes it is. Bill Schopper stated his concern with the converted residences on the south side of the street in Richland Hills and the new strip center on the north side. He asked if the design elements of Boulevard 26 would be incorporated into it. Eric Wilhite stated it is uncertain what would happen with the development of the Glenview Corridor, most likely it would be redeveloped into commercial property. Chairman Shiflet asked if there were any others wishing to speak for or against, there being none he closed the public hearing at 7:08 p.m. APPROVED Bill Schopper motioned to approve ZC 2007-05, seconded by Mike Benton. The motion carried unanimously (5-0). Steven Cooper and Mark Haynes were absent. Page 2 of 10; 06-21-07 P & Z Minutes 6. FP 2007-04 PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM THO THI DIHN TO APPROVE A FINAL PLAT OF LOT 7, BLOCK 1, RICHLAND HEIGHTS ADDITION Eric Wilhite came forward stating that the zoning change meets all subdivision rules and regulations staff recommends approval. APPROVED Mike Benton, seconded by Bill Schopper motioned to approve FP 2007-04. The motion was carried unanimously (5-0). Steven Cooper and Mark Haynes were absent. 7. RP 2007-02 PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM MICHAEL BUTLER TO APPROVE A REPLA T OF LOT 1, BLOCK 4, MOLLIE B. COLLINS ADDITION INTO LOTS 1 RAND 2, BLOCK 4, MOLLIE B. COLLINS ADDITION (LOCATED IN THE 6800 BLOCK OF SMITHFIELD ROAD - 1.78 ACRES) Chairman Shiflet opened the public hearing at 7:09 p.m. Michael Butler, 7308 Luther Ct, North Richland Hills 76180, came forward with this request. Chairman Shiftet asked what was currently on the lot and planned for the future? Mr. Butler stated it is currently under 2 acres with a residential structure on the front left of the property. They want to divide the property in half and build a home there. The house that is currently there would eventually be razed and another home built on that lot. Eric Wilhite came forward stating this residential replat is currently zoned R-3, the lots are going to be platted at 70 ft, based on the width and depth they far exceed the R-3 zoning, they meet all the subdivision rules and regulations, comprehensive land use plan does indicate low density and this request is consistent with the land use plan, staff has reviewed and recommends approval. Chairman Shiflet asked if there were any others wishing to speak for or against? There being none he closed the public hearing at 7:13 p.m. Page 3 of 10; 06-21-07 P & Z Minutes APPROVED Bill Schopper motioned to approve RP 2007-02, seconded by Don Bowen. The motion was carried unanimously (5-0). Steven Cooper and Mark Haynes were absent. 8. PP 2007-03 CONSIDERATION OF A REQUEST FROM TERRY FREDE KING TO APPROVE A PRELIMINARY PLAT OF LOT 1, BLOCK 1, FREDE KING ADDITION (LOCATED AT 8301 CARDINAL LANE - .949 ACRES) Chairman Shiflet announced that the applicant withdrew this application prior to the public hearing. No actions were taken. 9. ZC 2007-09 PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM JOHNSON DIVERSIFIED ENTERPRISES, INC. TO APROVE A ZONING CHANGE FROM "C-1" COMMERICAL TO "R-PD" RESIDENTIAL - PLANNED DEVELOPMENT (LOCATED IN THE 6800 BLOCK OF HIGHTOWER DRIVE - 22.30 ACRES) Chairman opened the public hearing at 7:15 p.m. Ben Johnson, 1712 Oaknoll Drive, Colleyville, TX came forward. He gave a power point presentation on the proposed planned development. The site is approximately 22 acres made up of two different tracts. He explained he was going to give information about the surrounding property. There is existing commercial on the west side of the Rufe Snow with a strip center with thriving businesses there. The east side of Rufe Snow has an anchor tent and strip centers and pad sites that are thriving as well. There are multifamily, commercial, and duplexes in the existing area and single family detached as well. The presentation indicates there is a transitional land use north of Hightower. Foster Village Elementary and Legacy Park are close to the proposed development and he feels it would be a nice addition for the residents. He feels that when this development is in place along with Phase III of Graham Ranch, the vacant anchor tenants on deep tracts on Hightower and Rufe Snow and Mid Cties would be stimulated again. He stated in Phase I and Phase II of Graham Ranch, Public Works improved the drainage area from east going west and it was designed to handle the drainage of this area. He is proposing to continue the east to west drainage and carry it all the way to Page 4 of 10; 06-21-07 P & Z Minutes Hightower. He stated he has come together with Mr. Graham and partners of Graham Ranch Development with a development agreement in place to the benefit all of the residents. He is proposing to build the drainage that would complete the Phase III when it is ready to be developed. The site is 22.29 acres with all the attributes of an RI-PD. There are three different product groups in it: front loaded single family with rear detached garage, front loaded single family with front detached garage, and single family rear attached garage. Other development amenities included: full size streets with 50 feet of right of way, landscaped opened space with sidewalks maintained by HOA, lighted trails, decorative grouped mail boxes, curvilinear streets, decorative street light fixtures, and a 30 foot landscape buffer between new homes and existing neighborhood with engineered wood fence on property line and iron fencing on back of property. Also, trees will be planted between curb and sidewalk, a pavilion with fireplace and barbeque facilities will be provided, and decorative iron work for street lights and signage will be featured. Eric Wilhite came forward stating that because of the number of lots in this subdivision, secondary emergency access would be required. An emergency access easement connecting to and though the adjacent commercial properties to Rufe Snow would help this requirement. Eric Wilhite stated that staff has not reviewed full blown engineering plans on this, but based on earlier discussions and preliminary engineering he feels this would take care of a significant amount of drainage issues that exist on the property. The different housing products will have a minimum 2000 square feet which is above the standard ordinance size; lots are 50 x 110 which create more open space, enhanced pavers, and other elements that are not in straight zoning. Staff reviewed and recommends approval. Mark Schmidt, 6929 Driffield Circle, North Richland Hills, came forward with concerns on the proposed fence in the new planned development. He stated it would be unsightly to him and other neighbors to view the steel poles. He also requested an 8 foot fence as opposed to 6 foot for privacy. He requested that the homeowners association maintain the buffer zone between the two properties, planting trees dense enough that when they reach maturity they would block the line of sight between the two properties. He also had concerns about drainage once the new subdivision goes in and asks for the city to assist in the matter. Chairman Shiflet explained that it would be not feasible to put an 8 foot fence behind the property. The proposed 30 foot buffer and easement assist in privacy and appearance and two feet would not make that much difference. Bill Schopper mentioned that with the way the houses are positioned on the property with front loaded rear garages, it will allow more privacy without 8 foot fences. Page 5 of 10; 06-21-07 P & Z Minutes Scott Schroder, 6921 Driffield Circle, North Richland Hills, came forward with concerns over view, fences, drainage issues and tree preservation. Bill Schopper stated that the proposed drainage would be reinforced concrete piping underneath the drainage easement which would eliminate the matter. Eric Wilhite came forward to address the tree preservation ordinance which has certain clauses to protect the existing trees. If grading or engineering necessities cause removal of trees there is not tree preservation litigation. There is no tree survey at this time to determine who owns the existing trees. Rick Anthony, 6941 Driffield Circle, North Richland Hills, came forward with concerns of drainage. He stated he was very impressed with Mr. Johnson going door to door and having a community meeting explaining the proposed planned development. However, due to previous years of significant drainage issues and his house flooding, he is very concerned about the final drainage plans and how the new development elevations will further impact the situation. Tree perseveration, pond drainage from the field, property taxes and the natural gas lines were also concerns. Chairman Shiflet stated to Mr. Anthony that he has full confidence in City Staff and their engineering design with the cities' final drainage plans. We have completely different standards today by which these plans are developed compared to 20 years ago. An example would be 100 year flood plain verses the 25 year flood plain that was in place when his subdivision was built. Brenda Cole spoke regarding property tax increases. If the houses going in behind his property cause his taxes to go up, then his market resale value would also increase. She explained this should cause minimal impact on his taxes. Bill Schopper stated that this planned development is changing the land use based on the comprehensive land plan, the city is able to manage the development more closely than if commercial property were going in. This should provide much comfort and effective drainage when it is complete. He mentioned that this is not the appropriate time to address the site plan, but it would make sense that the water should go to Rufe Snow and not Hightower. Mark Howell, 3100 Carrisbrooke Ct, Colleyville, TX spoke in favor of the proposed development. He is one of the developers on the Graham Ranch Phase I and Phase II projects and feels certain this will resolve the drainage issues. Don Hevenson with Fairways Realty came forward to speak in favor of the proposed development. He stated this solves the drainage problem and existing vacant commercial property will now likely have interested tenants. Page 6 of 10; 06-21-07 P & Z Minutes Brenda Cole asked Mr. Johnson about the awnings and flat roofs on the plans. She asked if the planned development allows stucco in residential. She is concerned about the resale of properties with stucco on them. Eric Wilhite come forward and stated true stucco would be allowed in this planned development because it meets meets certain requirements, minimum 8 ft. from base level and maximum 15% total elevation. Mike Benton asked Ben Johnson to address the drainage issues. Mr. Johnson stated he went to every house that got the notice from the city and has a petition with about 18 signatures in support of the proposed development. He states based on his discussions with homeowners there are legitimate drainage concerns in the area. He stated there are certain guidelines and performance standards that have to be met with the UBC and he intends to comply with them. The channel is more than adequate for residential than remaining commercial as it was originally zoned. Professional engineers will be designing the plans and city staff will have the final approval. He said in the 30 foot easement there would be a reinforced concrete pipe carrying water from adjoining commercial to drainage he is building on the east side. The alley ways will be built as an inverted crown and will allow water to go down underneath. There will be temporary water diverters and dams in place if it rains a lot during construction. The water from the pond will not be pumped into the yards on Driffield but down the channel. He is looking forward to helping the people solve their drainage issues. Regarding fences, Mr. Johnson stated he is proposing a new fence, but would go to every homeowner and they would be required to sign a release and grant him an easement to take down their fence. He plans to offer them a better made fence on the property lines but will honor their request on whether to remove it or not. If he is paying for the fence, then he would like the more attractive side to face his subdivision. Mr. Johnson explained that regarding trees, with 93 lots proposed there are over 180 trees to be put in not including open spaces. This would be adequate to provide privacy to the homeowners and meet the requirements of the tree ordinance. Mike Benton asked how far apart the trees would be planted? Mr. Johnson said that final plans have not been determined but staff can make recommendations. Mike Benton asked Greg VanNeiwenhuize to address drainage issues. Greg VanNeiwenhuize came forward and stated the general drainage runs southeasterly. At a recent meeting with Mr. Anthony to observe the flooding, he seems to think the stock tank must have overflowed based on the amount of water they received. Mr. VanNeiwenhuize stated that Mr. Johnson's proposed plan would require him to pick up all that water. He wanted to make sure the Anthony's and others were aware that if they are getting lot to lot drainage, then that would still continue. Mr. Page 7 of 10; 06-21-07 P & Z Minutes Johnson would only be responsible to pick up what is on his property. He addressed the comment made about the Graham Ranch well draining to the west. He stated it did not, it drained from the east to Calloway Creek. If this zoning request is changed, it would exceed our drainage requirements. Chairman Shiflet asked if there were any others wishing to speak for or against? There being none, he closed the public hearing at 8:28 p.m. Brenda Cole asked Eric Wilhite would the distance of the sporadic trees be addressed at the platting stage? Eric said no, they would need to make a motion right now that during finalized landscaping plans minimum spacing would be addressed when the detailed landscape plan is submitted. Bill Schopper and Brenda Cole stated they would like to see the word "stucco" and "built up roofs" removed from the R-PD proposal. APPROVED Bill Schopper motioned to approve ZC 2007-09 with the amendment to state "remove stucco and flat roofs and staggered trees with minimum 3" caliper on 20' spacing along the 30 ft. buffer easement area to be removed from the design guidelines". The motion was carried unanimously (5-0). Steven Cooper and Mark Haynes were absent. 10. ZC-2006-19 PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM B.H.& L JOINT VENTURE, REPRESENTED BY MR. JOHN BAREILD, TO APPROVE A ZONING CHANGE FROM "C-1" COMMERCIAL TO "R-2" SINGLE FAMILY RESIDENTIAL (LOCATED IN THE 8700 BLOCK OF NORTH TARRANT PARKWAY - 5.347 ACRES) Chairman Shiflet opened the public hearing at 8:32 p.m. Mark Long, 1615 Precinct Line Road, Hurst, TX , the engineer representing the developer came forward. He spoke of the preliminary plat submitted for the proposed rezoning request. Curtis Mcjunkin, 8616 Ambers Ct, North Richland Hills, TX came forward voicing his concerns about the egress off of North Tarrant Parkway. He complained about the staggered entrances and if more residential was put in there, it would be even more of a concern . Chairman Shiflet answered stating there would be a median put in to create more turn lanes and accommodate more traffic. Page 8 of 10; 06-21-07 P & Z Minutes Chairman Shiflet stated he did not think residential would be a good fit because the request is not consistent with the comprehensive land plan. Bill Schopper asked what else is planned across the street from the proposed site? Eric Wilhite stated it was commercial retail use and he is not aware of any specific users at this time. North Tarrant will soon undergo construction for widening, therefore increasing traffic counts. He stated the staff does not recommend approval unless vacant tracts to the south develop at the same time. Brenda Cole stated she is relying on the expertise from the Economic Development department when they say it is too quick to change the zoning because there is much potential for commercial use. Lee Bevis, 8348 Valley Oaks, North Richland Hills, TX came forward asking about the decision to change zoning. He had concerns about privacy and requested houses with no windows on the back second floor. Eric Wilhite stated this is for a straight zoning change so we couldn't address the subject of restricting second story windows, nor would the building code permit that because there would have to be egress since bedrooms would most likely be upstairs. Wood fencing would also have to be placed to comply with building code. Chairman Shiflet asked if there were anyone else to speak for or against? There being none, he closed the public hearing at 8:49 p.m. DENIED Don Bowen moved to deny ZC 2006-19, Brenda Cole seconded, motion to deny carried 4-1; Mike Benton voting to approve. Steven Cooper and Mark Haynes were absent. 11. PP 2006-15 CONSIDERATION OF A REQUEST FROM B.M. & L JOINT VENTURE TO APPROVE A PRELIMINARY PLAT OF LOTS 40R, 41-53, BLOCK 15, FOREST GLEN EAST ADDITION PHASE I (LOCATED IN THE 8700 BLOCK OF NORTH TARRANT PARKWAY - 5.47 ACRES) Eric Wilhite came forward stating there would be no actions at this point based on the zoning denial, unless City Council approves, then the item would come back for approval. Page 9 of 10; 06-21-07 P & Z Minutes 12. ADJOURNMENT There being no other business, the chairman adjourned the meeting at 8:51 p.m. Chairman Secreta ry ~O ~ ~c..~ Randy Shiflet Don Bowen Page 10 of 10; 06-21-07 P & Z Minutes