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HomeMy WebLinkAboutPZ 2007-11-15 MinutesMINUTES OF THE MEETING OF THE PLANNING & ZONING COMMISSION OF THE CITY OF NORTH RICHLAND HILLS, TEXAS NOVEMBER 15, 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 Ex-Officio ABSENT CITY STAFF Chief Planner Assistant Planner Assist.Dir. of Public Works Recording Secretary Randy Shiflet Bill Schopper Don Bowen Mike Benton Kelly Gent Mark Haynes Dianna Madar Steven Cooper Eric Wilhite Chad VanSteenberg Greg VanNeiuwenhuize Teresa Koontz 3. PLEDGE OF ALLEGIANCE Kelly Gent led the pledge of allegiance. 4. CONSIDERATION OF MINUTES FROM THE NOVEMBER 1, 2007 MEETING APPROVED Don Bowen, seconded by Mark Haynes, motioned to approve the minutes of November 1, 2007. The motion carried unanimously (6-0). Page 1 of 10; 11-15-07 P & Z Minutes 5. RP 2007-09 Consideration of a Request from CEI Engineering to Approve a Replat of Lot 1, Block 1, into Lot 1A & Lot 1B, Block 1, Wal-Mart Addition (Located in the 9100 Block of North Tarrant Pkwy - 25.217 acres). Clent Raynes, 3030 LBJ Freeway, Ste 1250, Dallas, TX ,with CEI Engineering, came forward representing Walmart and Murphy Oil. He stated that the replat would create a new separate lot for the area that the existing fueling station is located on. The new Lot 1A will be the primary Wal-Mart Super Center with parking lot and Lot 1B will be the fueling station. No changes or construction has occurred on this lease lot and basically is being replatted for the legal sale to Murphy Oil. Eric Wilhite stated that this site includes the Wal-Mart and Murphy Fueling Station in addition to a drainage facility at the Southeast end. CEI has worked with Staff to make sure there was contiguous connectivity to the entire lot. Staff has reviewed the plat and determined that it complies with all subdivision rules and regulations and recommends approval. APPROVED Bill Schopper, seconded by Kelly Gent, motioned to approve RP 2007-09. The motion was carried unanimously (6-0). 6. PP 2007-08 Consideration of a Request from Compass Realty to Approve a Preliminary Plat of Lots 1-7, Block 1, Wildwood Business Park (Located on the NE Corner of Mid-Cities Blvd and Cardinal Lane - 2.77 acres). John Fegan, 1303 Belafonte Lane, Colleyville, TX with Compass Realty came forward. He stated the property was purchased to subdivide and put seven office pads on it. Currently three tenants are looking at leasing. The design includes a tree survey which will preserve as many trees as possible to the new pad owners. Eric Wilhite said this 2.77 acre tract on Mid Cities Blvd and Cardinal Lane has various mutual access easements to serve the proposed separate lots. It meets subdivision rules and regulations and is recommended for approval. APPROVED Mike Benton motioned to approve PP 2007-08, seconded by Mark Haynes. The motion was carried unanimously (6-0). Page 2 of 10; 11-15-07 P & Z Minutes 7. ZC 2007-15 Public Hearing and Consideration of a Request from Compass Realty to Approve a Zoning Change from "I-1" Light Industrial to "CS" Community Services (Located in the 8600 Block of Cardinal Lane-2.77 acres). Chairman Shiflet opened the Public Hearing at 7:08 p.m. John Fegan, 1303 Belafonte Lane, Colleville, TX came forward requesting a rezone hoping to better market the property and make the zoning compatible to the land use plan. Eric Wilhite stated that there were discussions with the applicant regarding the property about potential land uses. It is currently zoned Industrial and the current Permitted Land Use Table has some nuances where some commercial retail type land uses are permitted in "CS" Community Service but not in Industrial. With those discussions, the applicant chose to request a zoning change so the property would be more compatible with the Comprehensive Land Use Plan. Staff has reviewed and recommends approval. The Public Hearing closed at 7:10. APPROVED Bill Schopper, seconded by Kelly Gent, motioned to approve ZC 2007-15. The motion was carried unanimously (6-OJ. 8. RP 2007-11 Public Hearing and Consideration of a Request from BHB Engineering & Surveying to Approve a Replat of Lot 1, Block 1, into Lots 1R & 3, Block 1, McKinney Addition (Located in the 9500 Block of Kirk Lane - 5.956 acres). Chairman Shiflet opened the Public Hearing at 7:11 p.m. JC Garcia, 920 S. Main, Grapevine TX with BHB Engineering, came forward. He is representing the owners who are requesting a replat of Lot 1 to Lot 1 R and Lot 3 for the sale of the existing house on Lot 3. Eric Wilhite stated the site is currently zoned R-1 SFR and Ag (portion of Lot 1 R and all of Lot 3) and meets all the subdivision rules and regulations. Don Bowen asked if the current house is on the lot zoned AG? Page 3 of 10; 11-15-07 P & Z Minutes Eric Wilhite said yes it was. The Public Hearing closed at 7:13 p.m. APPROVED Mark Haynes, seconded by Mike Benton, motioned to approve RP 2007-11. The motion was carried unanimously (6-0). 9. ZC 2007-11 Public Hearing and Consideration of a Request from Deborah Chambers to Approve a Zoning Change from "AG" Agricultural to "CS" Community Services (Located in the 7800 Block of Davis Blvd - 1.409 acres). Chairman Shiflet opened the Public Hearing at 7:14. Ernest Hedgcoth, 5701 C. Midway Road, Ft Worth, TX, with Ernest Hedgcoth Engineers, came forward representing the applicant. This is an existing structure that has been vacant for several years and is being proposed to convert into a wellness spa. He is aware of site planning, parking and remodeling that need to occur to comply with city requirements and ADA codes. Eric Wilhite stated is has been zoned AG for some time now and the Comprehensive Land Use Plan does show it going commercial. Staff will meet with the applicant later to discuss issues with site plan process and assist them at that time. This zoning plan is consistent with the Comprehensive Land Use Plan and recommends approval. The Public Hearing closed at 7:17 p.m. APPROVED Mike Benton, seconded by Mark Haynes, motioned to approve ZC 2007-11. The motion was carried unanimously (6-0). 10. SUP 2007-02 Public Hearing and Consideration of a Request from Carter & Burgess to Approve a Special Use Permit for the expansion of an existing restaurant and indoor amusement arcade (Located in the 7900 Block of Boulevard 26 - 1.118 acres). Chairman Shiflet opened the Public Hearing at 7:18 p.m. Page 4 of 10; 11-15-07 P & Z Minutes Les Lehner, 303 Atascosa ,Keller, TX ,Director of Real Estate for Chuck E. Cheese came forward. He stated this request for expansion is more complicated due to Texas Department of Transportation (TXDOT) right of way acquisition. There is a proposal to purchase the property already on the table with TXDOT that is very close to acceptable with Chuck E. Cheese. The problem is with the landscaping, sidewalks and sprinkler system required by the city which will create an asset for Chuck E. Cheese as a publicly traded company on the balance sheet. He further stated that an asset cannot be created and be disposed of at the decision making power of a third party. Not to mention that by the time Chuck E. Cheese draws a permit they will not own the property. Mr. Lehner states he would like the commission to consider that Chuck E. Cheese genuinely wants to improve their business and has already made several improvements totaling over $800,000 for the past 18 months. They want to make the facility bigger to house more guests. The core strategy of Chuck E. Cheese is a family entertainment restaurant so guests typically stay longer than traditional casual dining. Parking spaces are very critical to housing more guests so the landscaping would create an issue. He stated that the landscaping will unfortunately not be performed by Chuck E Cheese due to several reasons. They are on the drawings because they were told landscaping was needed to get a recommendation of approval. He commented that Carter Burgess has been very complementary towards the NRH staff while working on this project. He commented that TXDOT has sent a mixed message in regard to what their intentions are and the municipality of North Richland Hills cannot be asked to completely accommodate this indecisive nature of TXDOT, but unfortunately it has put Chuck E. Cheese right in the middle. He cannot accept an offer to sell the property which they are going to proceed with condemnation unless it is going to dissolve the existing plans, but no one will give approval on the plans unless Chuck E. Cheese owns the property. He states he would like approval of the plans without the landscaping on Boulevard 26. Bill Schopper asked what they would do after the taking. Would landscaping be put in then? Mr. Lehner stated some landscaping has already been added but is very limited because the property is so tight already. Removing parking would be the only way to create landscaping and removing the parking would hurt the business. Bill Schopper stated that he appreciates Mr. Lehner's forthrightness and honesty, but by getting the plan approved today ,then after the condemnation, if it is nonconforming now, it would be nonconforming then. Mr. Lehner states he is in complete agreement and would go one step further to say Bill Schopper is right. He is asking as a business owner, in order to grow the business along this property and operate at the level needed to operate, he needs to grow the size of the location. Page 5 of 10; 11-15-07 P & Z Minutes There was a discussion between Bill Schopper and Chairman Shiflet for clarification on the request as it relates to landscaping. Eric Wilhite commented that the issue was discussed in the pre-session as shown on the exhibit and that any items illustrated on the exhibit become part of the ordinance for the SUP. There was a lengthy discussion regarding the decision to approve the SUP with the TXDOT acquisions. Eric Wilhite stated that staff went through the site plan to enhance the area and stay consistent with what was done in the past. Mike Benton asked, if this is approved tonight, then would they be obligated to this site plan? Eric Wilhite said yes, this would be taken to City Council for recommendation. If Texas Department of Transportation acquires the land after this, we will contact the City Attorney and find out how to proceed next. Alton Sadler, 7912 Birchwood, NRH, TX came forward to protest the expansion until they address some of the flooding issues that have been ongoing. Ophelia Sadler, 7913 Birchwood, NRH, TX came forward to protest the expansion until the flooding and other issues are addressed. She stated they have made numerous attempts to contact Chuck E. Cheese regarding their complaints but they have been unable to contact anyone in management. Greg VanNeiuwenhuize came forward to discuss the flooding issues. Based on the initial site investigation, the parking lot appeared to be graded and had an inverted crown to capture water and take it out to Birchwood. It now appears that now the crown is non existent and flat. There will be a meeting in the morning to discuss these issues. Chairman Shiflet asked if the Sadlers would be notified at the outcome of this meeting? Greg VanNeiuwenhuize said yes, they would be notified by email or phone. Chairman Shiflet read the email sent in by Mr. Sadler. Eric Wilhite came forward and stated that up to this point, he was unaware of any crime issues but would inform Captain Hamlin and Chief Purdue. He commented that during the construction phase if any noise violations occur, they should be directed to Code Enforcement. David Steffen, 1420 Mockingbird Lane, Dallas, TX, with Carter and Burgess came forward to further discuss the plans with this proposed site. He stated he has been in contact with TXDOT for coordination of the preliminary plans. Mr. Lehner addressed Mr. and Mrs. Sadler's complaints and gave them assurance he would get the correct contact information for Chuck E. Cheese. Page 6 of 10; 11-15-07 P & Z Minutes Chairman Shiflet closed the Public Hearing at 8:09 p.m. APPROVED Don Bowen motioned to approve SUP 2007-02 with the architectural variance as presented and would include the requirement for landscaping as presented on the SUP exhibit. The motion was seconded by Bill Schopper. Mike Benton opposed the motion. The motion was carried 5-1. 11. ZC 2007-16 Public Hearing and Consideration of a Request from Phifer / Hogan Partners to Approve a Zoning Change from "AG" Agricultural to "R-2" Single Family Residential (Located in the 6700 Block of Crane Road - 5.464 acres). Chairman Shiflet opened the Public Hearing at 8:11 p.m. Don Phifer with Phifer/Hogan Partners, 7952 Davis Blvd, NRH, TX came forward with a request for zoning change from AG to R2 Single Family Residential to rezone the 5.5 acre tract to a 15 lot single family subdivision. Eric Wilhite stated this site currently has a residential structure on it which will be removed when the subdivision goes in. The next case is a preliminary plat for the subdivision and is being requested for R2 and meets zoning change regulations. Staff has reviewed and it is consistent with the Comprehensive Land Use Plan which indicates low density residential and recommends approval. Kate Young, 6720 Crane Road, NRH, TX came forward with several questions. She asked what was the average lot size? Randy Shiflet asked what was the minimum on R-2? Eric Wilhite answered 9000 sq. ft. for the lot and 2000 sq. ft. with certain setbacks required. Ms. Young asked what would be the market value per home? Where would the placement of the entrance street to the subdivision? What kind of destruction to the surrounding property can be expected? Bill Schopper told Ms.Young that she was welcome to look at the plans . Jim Wallace, 8841 Main St, NRH, TX came forward complaining about continuous flooding on his property. He also stated that the other adjoining neighbors have had Page 7 of 10; 11-15-07 P & Z Minutes flooding issues and have asked the city for assistance but nothing has been resolved. He is very interested in finding out if the developer will be able to assist in this problem. He stated he has installed storm drains, upgraded gutters, french drains and two manually dug ditches to divert water on to the street. He is requesting proper storm drains with the new development to eliminate the flooding to these five homes affected and cause it to drain to Crane Road. Paul Bellwood, 6704 Crane Road, NRH, TX came forward with concerns of traffic on "Crane Raceway." He states that since the redevelopment of this road there has been excessive high speed traffic and by increasing the section by 15 residences it would only get worse. Terry and Georgene Doversberger, 6805 Crane, NRH, TX came forward. Mrs. Doversberger stated they were concerned with the development going in on both sides of their property. They are concerned that the new developer will come in cut down trees and eliminate existing wildlife. They have concerns about the pink ribbons on existing trees. She commented that the speeding problem after the widening of Crane Road is now worse than before. Ron Seamster, 8816 Royal Oaks Dr, NRH, TX came forward asking what kind of fence would be put on the property to protect their privacy and how many trees would be taken down ? He commented on issues with rodents after the land begins to clear as they already have problems with scorpions. Don Bowen answered that since this is residential backing up to residential there is no fence requirement. Also, he believes the developer will keep all the trees he can to add value to the lots. Don Phifer came forward to address these questions. Regarding lots and home sizes, the smallest lot 80ft min width by 130-140 sq ft. Corner lots are 16,000 ft approximately. We have to configure the property in such a way with the road to accommodate the hill, since you build to the hill and try to maximize the number of lots. Most homes in this subdivision will be a minimum of 3500 sq ft to 4200 sq ft. to accommodate the lot sizes. The prices of these homes will be approximately $ 475,000 to $ 575,000 based upon today's numbers. Mr. Phifer stated that he was unaware of any drainage problems that existed before today but had envisioned that they did. He stated there have been numerous conversations and meetings with the city regarding this issue and he is awaiting an opinion from the City Engineer regarding several matters. One of the biggest issues for this development is the existing drainage infrastructure in the Crane area and how to coordinate the drainage. He commented on the water line that services the property is on the east side and going to have to be bored into Crane Road underground. Sewer will be limited on the property. Storm sewer is still under planning. One of the plans for the drainage is to take the northern half of property and drain to the street and redirect the drainage from the street to Crane Road, if possible. The property to the south is still Page 8 of 10; 11-15-07 P & Z Minutes under planning, possibly to contain in a flume or redirect it or defer to other points. Padding up some of the sides might be needed to direct the drainage which might require removing existing trees and that is not what is desired. If trees are required to be removed, it would only be for adequate drainage. The tree ribbons are only indicators for tree surveyors. By looking at other subdivisions such as High Point and Country Place, as many trees as possible will be preserved and the city will be asked for a variance not to pad the sites. The entrance to the subdivision will be either lined up or spaced out so many feet from other entrances as required by city requirements. David Young, 6720 Crane Road, NRH, TX came forward and asked the developer about the ribbons and two open space lots. Randy Shiflet answered this case is only for the rezoning, those questions will be answered in the platting case. The Public Hearing was closed at 8:30 p.m. APPROVED Bill Schopper motioned to approve ZC 2007-16, seconded by Mike Benton. The motion was carried unanimously (6-0). 12. PP 2007-12 Consideration of a Request from Phifer / Hogan Partners to Approve a Preliminary Plat of Lot A, Block 1; Lots 1-15, Block 2; and Lot A, Block 3 (Located in the 6700 Block of Crane Road- 5.508 acres). Don Phifer with Phifer/Hogan Partners, 7952 Davis Blvd, NRH, TX came forward to request a preliminary plat for Smithfield Terrace. This is a 15 lot single family subdivision with two homeowner's association lots in the front approximately 10 ft in width. The purpose for those said lots is for the saving and preservation of the trees existing along Crane Road. There will be a landscape buffer from the street to the subdivision and masonry fence to further buffer the house from the neighborhood. The neighbors across the street will have the same view with trees and walls behind that. In addition, Mr. Phifer wanted to expand on the fences in these subdivisions. Typically 6 ft. stockade fences with caps and treated will be installed. Eric Wilhite commented that staff has reviewed this case and it is consistent with subdivision rules and regulations, all these lots meet or exceed the lot width and depth. Staff recommends approval. Page 9 of 10; 11-15-07 P & Z Minutes Mark Haynes asked if the drainage issues would be resolved and approved by the City Engineer? Eric Wilhite said yes, but they are in the very preliminary stages of being reviewed. Based on what has been presented, it looks as if it would improve the existing drainage. APPROVED Bill Schopper motioned to approve PP 2007-12, seconded by Kelly Gent. The motion was carried unanimously (6-0). ADJOURNMENT There being no other business, the meeting adjourned at 8:38 p.m. Chairman Secretary //~~ ~ ~,-`~ Randy Shiflet Don Bowen Page 10 of 10; 11-15-07 P & Z Minutes