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HomeMy WebLinkAboutPZ 1997-03-27 Minutes MINUTES OF THE REGULAR MEETING OF THE PLANNING & ZONING COMMISSION OF THE CITY OF NORTH RICHLAND HILLS, TEXAS MARCH 27, 1997 - 7:30 p.m. 1. CALL TO ORDER The meeting was called to order by Chairman David Barfield, at 7:30 p.m. 2. ROLL CALL PRESENT Chairman David Barfield Don Bowen Ron Lueck Ted Nehring Richard Davis Paul Miller Charles Owen CITY STAFF Planning Director Recording Secretary Planner Asst. Director of P.W. Staff Engineer Barry LeBaron Valerie Taylor Bill Longnecker Kevin Miller Julia Skare 3. CONSIDERATION OF MINUTES OF MARCH 13, 1997 APPROVED Mr. Lueck made the motion to approve the minutes of the March 13, 1997, meeting. The motion was seconded by Mr. Bowen and carried 7 - O. 1 4. PS 96-33 REQUEST OF KTBN INC., FOR A PRELIMINARY PLAT OF LOTS 1 - 16, BLOCK 1, AND LOTS 1 -14, BLOCK 2, NORTHRIDGE MEADOWS ADDITION (LOCATED NORTHWEST OF THE HOLIDAY LANE AND HIGHTOWER DR. INTERSECTION) TABLED Mr. Barfield informed the audience that the applicant had requested this item be tabled until the next meeting. Mr. Davis made the motion to table PS 96-33. The motion was seconded by Mr. Bowen and it carried 6 - O. Note: Due to a conflict of interest, Mr. Nehring abstained from voting on this item. 5. PS 97-09 REQUEST OF REAL TEX VENTURES, FOR A FINAL PLAT OF CHILDREN'S COURTYARD ADDITION (LOCATED NORTHWEST OF THE INTERSECTION OF SMITHFIELD ROAD AND STARNES ROAD) APPROVED Mr. LeBaron explained this is the final plat on a 4.6 acre tract of land currently zoned C-1. The developer is proposing to put in a daycare facility. There are a couple of issues that Public Works has with this item. A masonry screening wall will be required on two sides, where it abuts residential property; the developer has agreed to this. Sidewalks will be required along two streets and the developer has agreed to this as well. There is a drainage channel that goes through the property and the developer would like to put an eight to ten foot concrete bottom in this channel; Public Works believes this should be twelve feet. Mr. Tim Skinner, General Contractor for Children's Courtyard, presented this request and stated he would answer any questions the Commission might have. Mr. Barfield explained that it was his understanding that staff wanted a 12' channel instead of a 10' channel so a backhoe could access it and wondered if the applicant had a problem with this. 2 Much discussion ensued regarding the channel size and depth of the water flowing through it. Mr. Kevin Miller, Assistant Director of Public Works, stated that the public works design criteria for channels like this is a fully concrete lined channel. He stated that at the time Public Works met with the applicant, they were requesting an earthen channel. Public Works compromise is a 12' sidewalk in the bottom of the earthen channel. The channel bottom will be approximately 25' wide with 4: 1 or 5: 1 side slopes. In the response letter an 8' - 10' sidewalk was proposed. Mr. Davis made the motion to approve PS 97-09 allowing an earthen channel with a 12' concrete pilot channel and that the owner of Lot 1 be required to fully maintain it. The motion was seconded by Mr. Lueck and it carried 7 - O. 6. PS 97-10 REQUEST OF BIRDVILLE INDEPENDENT SCHOOL DISTRICT FOR A FINAL PLAT OF BIRDVILLE HIGH SCHOOL ADDITION (LOCATED AT THE SOUTHWEST CORNER OF MID-CITIES BOULEVARD AND PRECINCT LINE ROAD) APPROVED Mr. LeBaron explained that this is a 69 acre tract for the new high school. The plat meets all of staff's requirements and is ready for the Commissioners consideration. Mr. Lueck made a motion to approve PS 97-10. The motion was seconded by Mr. Bowen and carried 7 - o. 7. PZ 97-10 PUBLIC HEARING TO CONSIDER THE REQUEST OF JIM MAKENS, OF MAKENS INVESTMENTS, FOR REZONING FROM R-1 RESIDENTIAL TO c-2 COMMERCIAL, ON LOTS 16 & 17, BLOCK 1, THOMPSON PARK ESTATES ADDITION (LOCATED AT 6417 PRECINCT LINE ROAD) APPROVED 3 Mr. LeBaron explained that these two lots are currently zoned residential. The applicant is requesting a commercial zoning and this does fall within the Comprehensive Land Use Plan. Chairman Barfield opened the public hearing and asked the applicant to come forward. Mr. Jim Makens, Makens Investments, 2220 Airport Freeway, #400, Bedford, TX 76022, presented his request. He explained he is requesting this zoning change from a speculative point of view. He foresees this site going commercial, and has spoken with residents in the area and they have no problem with this zoning request. In response to a question, Mr. Makens stated he did not have a problem with the C-1 category as opposed to the C-2 he had applied for. Chairman Barfield asked for any additional proponents. Mr. Ernie Scoggins, 6409 Precinct Line Road, spoke in favor of this request. He is the only home in this area that is certain to turn into commercial. The only hope he has of selling his property is for this area to be zoned commercial, no one would purchase his home to live in. Ms. Jane Ratliff, 6429 Precinct Line Road, stated that she is definitely in favor of this request. She sees this as the only opportunity for her family to move off of this major street. She explained that her kids have no where to ride their bikes, to roller blade, or even play safely. One of her children has already been hit by a car. There being no additional proponents, Chairman Barfield called for opponents. Ms. Janet Sidmyer, 6725 Rolling Hills Drive, spoke in opposition to this request. She does not want Precinct Line Road turning into another "Rufe Snow." Additionally, she believes that this does not coincide with the Comprehensive Land Use Plan and feels this zoning change would adversely effect her property value. Ms. Margie Dorman-O'Donnell, 6729 Rolling Hills Drive, spoke in opposition to this request. She is concerned with increased traffic. Mr. Allen Phillips, 9216 Martin Drive, was also opposed to this request. His concern is increased traffic and his children not having anywhere to ride their bikes. Mr. Mike O'Donnell, 6729 Rolling Hills Drive, spoke on behalf of the Woodland Oaks Home Owners Association; he stated the association is opposed to this zoning change. 4 As discussion ensued regarding this issue, the Commissioners explained that the Comprehensive Land Use Plan shows this area being zoned commercial; additionally, it is the entire Commissions belief that this property would never develop residentially. The Commissioners also believe that approving this request as a C-1 zoning instead of the C-2 the applicant has applied for will deter the majority of concerns being brought out this evening. Chairman Barfield called for any additional opponents. There being none the public hearing was closed. Mr. Davis made the motion to approve PZ 97-10 for C-1 zoning instead of the C- 2 being requested. The motion was seconded by Mr. Owen and carried 7 - O. 8. PZ 97-11 PUBLIC HEARING FOR RECONSIDERATION OF THE SPECIAL USE PERMIT ISSUED TO "OK SOD" FOR A TEMPORARY OFFICE TRAILER ON LOT 18C, BLOCK 18, CLEARVIEW ADDITION (LOCATED AT 51 02 DAVIS BLVD) TABLED Mr. LeBaron explained that this was a reconsideration for the Special Use Permit issued to OK Sod 18 months ago. This SUP allowed for a temporary trailer to be used for office space, and operates a garden center and truck rental facility. Mr. LeBaron explained that there are outstanding taxes owed on this property, but the applicant has stated he will have a receipt for paid taxes this evening. Chairman Barfield opened the public hearing and asked the applicant to come forward. Mr. Kevin Keck, 5102 Davis Blvd, and owner of OK Sod, presented his request. He presented a copy of the Tax Receipt showing he had paid his outstanding taxes and asked that the Commissioners grant him another 18 month Special Use Permit. Chairman Barfield asked for any additional proponents. There being none, Chairman Barfield called for any opponents. Mr. Steve Cochran, 5113 Gibbons, presented a letter of opposition to the Commissioners from another neighbor, Mr. Victor Juarez, P. E. , 5117 Gibbons, who could not be in attendance this evening. 5 Mr. Cochran explained that he has lived in the City for 13 years. He stated that there is excessive noise generated from this business. This company has knocked his fence down. He also submitted pictures taken just prior to this meeting of trash, debris and old tires stacked up against the fence behind OK Sod's property. Mr. Cochran complained of insect and rodent problems because of all this trash. Mr. Cochran is opposed to an extension on this Special Use Permit. Ms. Debbie Kennedy, also a 13 year resident of the City, 5105 Gibbons, stated she has spoken with Mr. Beck's staff on numerous occasions of the trash, debris and insect and rodent infestation, to no avail. She is opposed to an extension of this Special Use Permit. Mr. Joe Rollins, 5109 Gibbons, explained that, in his opinion, "they are being un- neighborly." He is opposed to this request. Chairman Barfield asked for any additional opponents. There being none, the public hearing was closed. It was the general consensus of the Commissioners that this location had turned into a "junk yard" and was going to have to be cleaned up. Mr. Davis made a motion to table PZ 97-11 for thirty days and require the applicant show proof of cleaning up this property and the property only be used for grass storage; additionally, in this thirty days, the applicant be required to build a fence along the rear property. The motion was seconded by Mr. Nehring and carried, 7 - O. Discussion ensued regarding the issue of building a new fence, or repairing the existing fence. Mr. Davis amended his motion to table PZ 97-11 until the last meeting in April and return showing proof of substantial improvements of clean up on this property before a final recommendation is made to the City Council. Mr. Nehring seconded the motion and it carried 7 - O. 6 9. PZ 97-12 PUBLIC HEARING TO CONSIDER AN AMENDMENT TO THE ZONING ORDINANCE ON COMMUNICATIONS TOWERS APPROVED WITH AMENDMENTS Chairman Barfield opened the public hearing. Mr. LeBaron explained that this issue was rather complex. The Proposed Cellular Tower Ordinance will add 10 additional pages to the Zoning Regulations. Last fall congress passed the National Telecommunications Act and subsequent rules issued by the FCC have imposed some limitations on the use of zoning control by municipalities to regulate cellular telephone towers. Mr. LeBaron covered the proposed ordinance with the Commissioners and answered questions posed by the Commissioners. Mr. Davis made a motion to approve PZ 97-12 with the following amendments: 1. Page 1, Section 1. Paragraph B, limits cell towers to 130 feet and require an SUP in all cases when the tower is between 65 feet and 130 feet in height. 2. Page 7, Table 7 - 1, changed to reflect the revised height limits and increased the separation distances by an additional 500 feet. 3. Page 7, Section 735, Paragraph C, added the words "or parceL" Mr. Bowen seconded the motion and it carried 7 - o. 10. PZ 97-13 PUBLIC HEARING TO CONSIDER THE REQUEST OF CHEVRON PRODUCTS COMPANY FOR REZONING FROM LR LOCAL RETAIL TO c-1 COMMERCIAL, ON BLOCK 4R, SNOW HEIGHTS NORTH ADDITION (LOCATED AT 5100 RUFE SNOW DRIVE) APPROVED Mr. LeBaron explained that Chevron wants to totally demolish the existing structure at this location and rebuild with a new configuration. It was explained to the applicant that this business doesn't fall into this category of zoning anymore; that a zoning change would have to be applied for and that a Special Use Permit would be required for the car wash. The applicant is requesting C-1 zoning, it is currently zoned LR Local Retail. They have also applied for a Special Use Permit for the car wash and it is the next item on the agenda. 7 ~ · . . , Ordinance requires eight parking spaces and the applicant is requesting a waiver on this. Currently there are no sidewalks and staff recommends sidewalks be a requirement since Rufe Snow Drive will eventually be widened and required at that time. Chairman Barfield opened the public hearing and asked the applicant to come forward. Mr. Roger Williamson, Chevron Products, presented this request. In response to a question, Mr. Williamson stated that an agreement was in place with TU Electric for off-site parking and would remain so until TU would need it. Additionally, Mr. Williamson stated that they would have no problem signing a covenant for future sidewalks. Chairman Barfield called for any additional proponents. There being none Chairman Barfield asked for any opponents. There being none, the public hearing was closed. Mr. Davis made the motion to approve PZ 97-13, allowing the off-site parking arrangement with TU Electric and allowing a covenant be signed for future sidewalks. The motion was seconded by Mr. Lueck and carried 7 - O. 11. PZ 97-14 PUBLIC HEARING TO CONSIDER A REQUEST OF THE CHEVRON PRODUCTS COMPANY FOR A SPECIAL USE PERMIT ON BLOCK 4R, SNOW HEIGHTS NORTH ADDITION (LOCATED AT 5100 RUFE SNOW DRIVE) APPROVED Chairman Barfield opened the public hearing and told the applicant he did not need to come forward again. He called for any proponents. There being none, Chairman Barfield asked any opponents to come forward. There being none, the public hearing was closed. Mr. Davis made a motion to approve the PZ 97-14. Mr. Lueck seconded the motion and it carried 7 - o. 8 12. STAFF REPORT Mr. LeBaron reminded the Commissioners of the Training Workshop Wednesday, April 2, 1997, in the Council Chambers. He also reminded the Commissioners of the April 21, 1997, workshop the Commissioners had requested earlier in the year. 13. CITIZEN COMMENTS There were none. 14. ADJOURNMENT There being no further business to conduct the meeting adjourned at 9:20 p.m. ¿%¿ý~~ Secretary Planning & Zoning 9