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HomeMy WebLinkAboutPZ 1997-09-25 Minutes .. MINUTES OF THE REGULAR MEETING OF THE PLANNING & ZONING COMMISSION OF THE CITY OF NORTH RICH LAND HILLS, TEXAS SEPTEMBER 25,1997 - 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 Don Ferguson Mark Wood Paul Miller Ted Nehring ABSENT Richard Davis CITY STAFF Planning Director Recording Secretary Asst. Director P.Works Staff Engineer Barry LeBaron Valerie Taylor Kevin Miller Julia Skare 3. CONSIDERATION OF MINUTES OF SEPTEMBER 11, 1997 APPROVED Mr. Ferguson made the motion to approve the minutes of the September 11 1997 meeting. Mr. Wood seconded the motion and it carried 6 - O. 4. PS 97-14 REQUEST OF LEGACY CAPITAL FOR A REPLAT OF LOTS 1 & 2, BLOCK 1, BRENTWOOD ESTATES ADDITION. (LOCATED AT THE SOUTHWEST CORNER OF DAVIS BOULEVARD AND NORTH TARRANT PARKWAY) APPROVED Mr. LeBaron explained that this is a 12.4 acre tract of land located at the southwest corner of Davis Boulevard and North Tarrant Parkway. The developer is replatting this tract into two lots. Mr. Wood made the motion to approve PS 97-14. Mr. Nehring seconded the motion and it carried 6 - O. 5. PS 97-36 REQUEST OF T. J. HARRIS FOR A PRELIMINARY PLAT OF LOT 1, BLOCK 1, HARRIS ADDITION (LOCATED AT 8120 SAYERS LANE) APPROVED Mr. LeBaron explained that this is a two acre tract located at the end of Sayers Lane, just off Davis Boulevard. Mr. Harris is developing this as a one lot subdivision that is currently zoned AG Agriculture. The developer has agreed to change the zoning contingent upon plat approval. Mr. LeBaron explained that Mr. Harris is requesting a waiver on the sidewalk requirements and a waiver of the requirement for building 1/2 of the required cul-de-sac. It was the consensus of the Commission that the cul-de-sac was needed and if they didn't get it now, they wouldn't get it. Mr. T. J. Harris, applicant, presented his request. He stated that he was willing to dedicate the right-of-way necessary for the cul-de-sac but thought it only fair that the cost be done on a pro-rata basis since there are already 15 existing homes there. Mr. Harris stated that he is developing this property for a home for his family and is trying to keep costs down and stated that at this time he is not willing to this. Chairman Barfield stated that with a street 900 feet in length, it is mandatory that the cul-de-sac be in place for emergency vehicles and believes there is no way around this issue. In response to a question, Kevin Miller, Assistant Director of Public Works stated that resolutions to this type situation vary depending on the circumstances. He stated that Public Works would review the possibilities and have a possible solution by the time the final plat comes up for approval. Mr. Bowen made the motion to approve PS 97-36 subject to the engineers comments, waiving the sidewalks and requiring the developer to build his half of the cul-de-sac. He also requested city staff look into the possibility of the city installing the other half of the cul-de-sac. Mr. Wood seconded the motion and it carried 6 - O. 6. PS 97-37 REQUEST OF GARY & CINDY GRIFFIN FOR A PRELIMINARY PLAT OF LOT 1, BLOCK 1, GRIFFIN ADDITION. (LOCATED AT 7228 BURSEY ROAD) APPROVED Mr. LeBaron explained that the applicant had rezoned this 2 acre tract of land earlier this summer to R-1-S and they are planning on building a home on it. He explained that no sewer is available within 300 feet of this tract, and they have met City and Tarrant County Health Department requirement for a septic system. The applicant is requesting a waiver on the screening wall since their house will be facing Bursey Road. Mr. Wood made the motion to approve PS 97-37, allowing the applicant to use septic in place of sewer and waiving the screening wall requirement provided the house faces Bursey Road. Mr. Miller seconded the motion and it carried 6 - O. 7. PS 97-39 REQUEST OF THE COVENANT GROUP FOR A FINAL PLAT OF LOT 1, BLOCK 1, COVENANT ADDITION (LOCATED AT 6155 HOLIDAY LANE) APPROVED Mr. LeBaron explained that this property is being developed for an assisted living center that the Commission approved a PD zoning classification on earlier this summer. Mr. LeBaron stated that the applicant is requesting a waiver on the sidewalks along Mid-Cities Boulevard. Ms. Ellen Matson, DFD Architects, stated that they had misunderstood an earlier conversation regarding landscaping in lieu of sidewalks. She explained they have no problem putting the sidewalk in on Mid-Cities Boulevard as well as Holiday Lane and would be happy to do so. Mr. Nehring made the motion to approve PS 97-39. Mr. Ferguson seconded the motion and it carried 6 - O. 8. PS 97-40 REQUEST OF WESTERN RIM INVESTORS, INC. FOR A FINAL PLAT OF LOTS 2R1 & 2R2, BLOCK 2, WALKER BRANCH ADDITION (LOCATED IN THE 8600 BLOCK OF GRAPEVINE HIGHWAY) APPROVED Mr. LeBaron explained that this is a 22 acre tract of land located in the Walker Branch Addition and is being developed into a multi-family development. All public works requirements, have been met; however, the applicant is requesting a waiver of the sidewalks along Grapevine Highway and Emerald Hills Way. Mr. Joseph Reue, Washington & Associates, presented this request. He stated that the developer of lot 2R 1 is developing the multi-family portion of this area and that lot 2R2 will not be developed at this time. Because existing development along this stretch of Grapevine Highway doesn't have sidewalks, they are requesting a waiver of the sidewalk requirement. Chairman Barfield stated that it was the consensus of this Commission that heavy foot traffic will be produced from this apartment community to the surrounding eating establishments and recreational facilities; the Commission believes sidewalks are imperative because of this. Much discussion ensued regarding the issue of sidewalks and it was determined that sidewalks along Grapevine Highway should be required. Mr. Bowen made the motion to approve PS 97-40 subject to engineers comments, waiving the sidewalk requirement along Emerald Hills Way, but requiring the construction of sidewalks along Grapevine Highway. Mr. Wood seconded the motion and it carried 6 - O. 9. PS 97-44\ REQUEST OF LAURA WAUSON FOR A REPLA T OF LOT A 10, HEWITT ESTATES (LOCATED AT 6802 MEADOW ROAD) TABLED Mr. LeBaron explained that the applicant is developing a one lot subdivision with an existing house on it that she intends on remodeling; which triggered the replatting requirements. The applicant has signed covenants for sidewalks, street improvements and drainage improvements. Mr. Wood stated that because staff had just received this plat earlier in the afternoon and had not had a chance to review it, he would like to see this item tabled for two weeks; allowing staff the chance to make their review. Mr. Bowen asked Ms. Wauson if she had been apprised as to the possible costs of the covenants she had signed. Ms. Wauson responded that she was anticipating approximately $300,000. to $350,000 for the entire 26 acre area where drainage is a concern. She explained that she is very familiar with the problems of the Hewitt Estates area. She stated that what she was unaware of was the requirement of platting property if your remodel totaled more than 50% of the value of the structure. She believes this rule is backwards and unfair. Mr. Wood asked Ms. Wauson how she planned on paying $350,000. for the covenants for the required improvements that she had signed. Ms. Wauson replied that she was not going to pay $350,000. Chairman Barfield stated that while the Commission would like to accommodate The Wausons', the Commission is not prepared to make a recommendation to Council without staffs review. Chairman Barfield explained that there are a lot of existing problems in this area and further review will have to be done on this plat before the Commission feels comfortable moving forward. Mr. Wood stated that if this was approved tonight, the Zoning Ordinance and Subdivision Regulations could just be thrown away. He believes the Commission should do what the ordinances require. Mr. Wood stated that what the Commission does know regarding this area is that there are major drainage issues and undeveloped streets. Chairman Barfield made the motion to table PS 97-44 for two weeks; allowing staff time to review this plat. Mr. Wood seconded the motion and it carried 6 - O. Chairman Barfield asked Kevin Miller, Assistant Director of Public Works to please expedite the review of this matter to try and accommodate the Wausons. Mr. Miller replied that they would do everything humanly possible to accommodate this. 10. PZ 97-40 PUBLIC HEARING TO CONSIDER THE REQUEST OF COLLIN EQUITIES, INC., TO REZONE LOT 3, BLOCK 1, WALKER BRANCH ADDITION FROM C- 1 COMMERCIAL & R-7 MULTI-FAMILY TO A PLANNED DEVELOPMENT FOR AN ASSISTED LIVING FACILITY. (LOCATED IN THE 8400 BLOCK OF EMERALD HILLS WAY) APPROVED Mr. LeBaron explained that this property is currently zoned multi-family except for the small tip at the very southern end, which is zoned commercial. The applicant was advised that assisted living centers are allowed by right in the C-1 zoning district, they could seek rezoning for a planned development, or they could simply build the facility as a multi-family facility under the multi-family regulations. The applicant decided to rezone for a planned development, giving them the opportunity to customize the regulations for their tract of land. Upon receipt of their site plan, staff chose multi-family as the standard to compare this facility too. Chairman Barfield opened the public hearing and called for any proponents, Mr. Patrick Barber, Aguirre Group, presented this request. Mr. Barber stated they are planning on putting fencing along the west property line where they abut the houses from Emerald Lakes and they wanted to leave the remaining southwest property line open, with landscaping along there. Much discussion ensued between the Commissioners regarding the masonry screening wall required along this property and the residential property in Emerald Lakes Addition. The Commissioners determined that they would like to see a masonry screening wall along the west property line where the residential homes from Emerald Lakes Addition abut; they would like to see a wrought iron fence with concrete columns from the southwest property line back up to where the residential homes in Emerald Lakes Addition abut, excluding the drainage channel. Additionally, the Commissioners stated they would like to see sidewalks, as required, all along Emerald Hills Way, and the developer stated they had no problem with this. Mr. Barber stated they were requesting a reduction in the parking spaces originally shown on the site plan from 85 to 60 - which is still within the required range of spaces for this type facility. The Commissioners stated they had no problem with this. There being no additional proponents, Chairman Barfield called for any opponents. Mr. Glenn Phelps of Emerald Lakes Addition spoke in opposition of this request. He voiced concerns about a lack of fencing and sidewalks between the future development of this area and his existing neighborhood. There being no additional opponents, Chairman Barfield closed the public hearing. Mr. Wood made the motion to approve PZ 97-40 subject to the following: a masonry screening wall along the west property line that adjoins residential property within Emerald Lakes Addition; a wrought iron and masonry column fence along the southwest property line until it abuts the residential property of Emerald Lakes Addition; reduced parking spaces to total 60, and masonry screening around all dumpsters, and that a 90° turnaround be required in the fire lane. Mr. Bowen seconded the motion and it carried 6 - O. 11. PZ 97-41 PUBLIC HEARING TO CONSIDER THE REQUEST OF STEVEN BOSAW TO REZONE LOT 9, EDGLEY ADDITION FROM C-1 COMMERCIAL TO C-2 COMMERCIAL (LOCATED AT 4166 WILLMAN AVENUE) APPROVED Mr. LeBaron explained that earlier in the year the Commission had approved a zoning change request at this property so Mr. Bosaw could operate his mobile vehicle interior repair service. His business has expanded and some customers are requesting Mr. Bosaw repair there cars onsite, which will require a C-2 zoning. Mr. Wood asked about the possibility of leaving the zoning C-1 and granting a special use permit for this particular use. Mr. LeBaron stated that he had asked the applicant this and he had no problem with it. Chairman Barfield opened the public hearing and asked for any proponents. Mr. Steven Bosaw, applicant, presented this request. He stated that he had no problem leaving the zoning C-1 and receiving a Special Use Permit. There being no additional proponents. Chairman Barfield called for any opponents. Seeing none, the public hearing was closed. Mr. Wood made the motion to approve PZ 97-41 as a Special Use Permit for an auto interior repair shop in the C-1 zoning district. Mr. Bowen seconded the motion and it carried 6 - O. 12. STAFF REPORT Mr. LeBaron thanked the Commissioners for their attendance at the Workshop on the Mid-Cities Overlay Zone and stated the minutes of that meeting would be available at the next meeting. 13. CITIZEN COMMENTS There were none. 14. ADJOURNMENT There being no further business to conduct, the meeting adjourned at 9:00 p.m. ~ á!~~,:~ Don Bowen, Secretary -~ ......,....~, "'-~~.' ~ ~ 1\ ;, , ~ .. . .....~ ....., J---- . ....' ~_.~ \.. -_~ .. ~ . ~ . .... ~d' ._.... .. ~.~_ '-.... .~~; David Barfield, Chairman