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HomeMy WebLinkAboutPZ 1997-12-11 Minutes · . . MINUTES OF THE REGULAR MEETING OF THE PLANNING & ZONING COMMISSION OF THE CITY OF NORTH RICHLAND HillS, TEXAS DECEMBER 11,1997 -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 Richard Davis Don Bowen Mark Wood Ted Nehring Don Ferguson Paul Miller CITY STAFF Planning Director Recording Secretary Planner Assistant City Manager Ass't Director of PW Staff Engineer Barry LeBaron Valerie Taylor Christopher Baker Randy Shiflet Kevin Miller Julia Skare 3. CONSIDERATION OF MINUTES OF NOVEMBER 13, 1997 APPROVED Chairman Barfield stated that the first paragraph on Page Six (6) needed to reflect that "hay bails would be placed at the back of Lot 2... II where it currently states that "hay bails currently exist. II Mr. Bowen made the motion to approve the minutes of the November 13, 1997 meeting subject to Chairman Barfields requested amendment. Mr. Wood seconded the motion and it carried 7 - O. Page 1 · . 4. PS 97-45 REQUEST OF REBEL PROPERTIES, L.L.C FOR A REPLA T TO BE KNOWN AS LOTS 26R & 27R, BLOCK 1, THOMPSON PARK ESTATES ADDITION. (LOCATED AT 6225 PRECINCT LINE ROAD) APPROVED Mr. Wood stated that due to conflict of interest, he would be abstaining from the discussion and voting of this item. Mr. LeBaron explained that 1.6 acre tract of land that front on Mid-Cities Boulevard is being replatted into two (2) lots. The major issues associated with this plat are the placement of curb cuts and drainage. Mr. Mark Howe presented this request. He explained that this replat is to allow for a property line adjustment. He explained that the curb cuts would be reallocated and that an agreement has been made with BISD regarding the drainage issue. Mr. Howe explained that they would be selling 25' of the northern part of this property to Conoco. Additionally, this property is currently under contract with an upscale restaurant. Chairman Barfield asked the applicant if he was aware of the pending Mid-Cities Overlay Zone? Mr. Howe stated that while he was aware that a study is being performed, it was his understanding that no stringent guidelines have been adopted yet. Responding to a question, Mr. Howe stated that timing of this plat is important on this matter, reiterating that this property is currently under contract, and he would not be able to deter the buyer from moving forward. The Commissioners discussed the issue of the masonry screening walls along this property. This requirement was waived for the future high school. It was determined that since this property will abut the parking lot for the high school's stadium, the motion on this item should reflect that no masonry screening wall be required for this applicant as well. Chairman Barfield stated that he would like to hear discussion between the Commissioners and entertain a motion. Mr. Bowen stated that while it would be nice to stop development until the Overlay Zone Study is completed, reality is that it can't be done. Chairman Barfield stated that he just wants people to understand that the City is participating in this study with Arcadia Reality and they are proposing a Page 2 completion of January. He believes that this corridor is the front door to the City of NRH and whatever is done here will grossly affect what happens on the Mid- Cities corridor. Chairman Barfield stated while the applicant has done everything the Ordinance requires, the Commission should listen to their consciences on this matter. Mr. Davis stated that while he is a proponent for the Mid-Cities Overlay Zone as well, no moratorium currently exists stating that development cease in this corridor until the study is completed. Mr. Davis stated that he doesn't believe the study will be ready by January, it was his understanding that this would be at least a six- (6) month process. Mr. LeBaron interjected to the Commissioners to remember that this is a plat and not a zoning request. Chairman Barfield stated that he understands that, he said he is only suggesting that the Commissioners might consider tabling this plat until there has been time to review the preliminary study of the "corridor." Mr. Davis made the motion to approve PS 97-45 provided that a note be placed on the Plat that no permits be issued until the BISD drainage system is under construction, that three (3) drive entrances be allowed: a joint on the north with Conoco, one at the shared lot line between lots 26R & 27R and one along the south property line of 27R and that it be noted that a masonry screening wall not be required on the west boundary of these two (2) lots per previous action on the school property to the west. Mr. Miller seconded the motion and it carried 5 - 1. Chairman Barfield asked Mr. Miller his opinion on the corridor study issue, and he responded that his sentiments concur with Mr. Davis. He feels that you can't delay development based on the upcoming preliminary study that he doesn't believe will be ready by the end of January. After much discussion it was the general consensus of the Commissioners that development could not be stopped waiting on this study. Chairman Barfield stated that it was apparent that the consensus of the board was to approve this plat tonight so he asked the applicant if he would be willing to try and incorporate some of the more stringent landscaping criteria, signage and building designs that will go along with this study, once in place. Mr. Howe stated that he would be sensitive to these issues. Page 3 Mr. Davis stated that since a masonry screening wall will not be required along the west property line he would like to see a 2 - 3 foot landscaping berm with crepe myrtle's every 25 feet all along the western property line and maybe even the south property line. He believes this would create a natural buffer that would really make this commercial development stand out. Mr. Howe reiterated that he would be happy to cooperate in any way possible. Chairman Barfield called for a vote on the motion and second made previously and it carried 5 - 1. Messrs Davis, Nehring, Ferguson, Bowen & Miller voted in favor of this motion. Chairman Barfield was opposed and Mr. Wood abstained. After discussion and approval of PZ 97-54, Mr. Davis stated that he would like to amend the motion on PS 97-45 and made the motion to reconsider PS 97-45. Mr. Miller seconded the motion and it carried 6 - O. Messr Davis, Nehring, Ferguson, Barfield, Bowen Miller voted in favor of this motion. Mr. Wood abstained. Mr. Davis made the motion to approve PS 97-45 with the deletion that a joint drive approach on the north property line not be required but that the third drive approach be inside the new proposed property line, which would be a minimum of 25' from the new north property line. All other conditions as previously stated would be remaining. Mr. Ferguson seconded the motion and it carried 6 - O. Messrs Davis, Nehring, Ferguson, Barfield, Bowen & Miller voted in favor of this request. Mr. Wood abstained. 5. PS 97-47 REQUEST OF HCA REALTY INC., FOR A REPLA T TO BE KNOWN AS LOTS 1R, 2 & 3, BLOCK F, CALLOWAY FARMS ADDITION. (LOCATED AT 4351 BOOTH CALLOWAY ROAD) APPROVED Mr. LeBaron explained that in order to expand the existing hospital facility this 31.2 acre tract is being replatted into three (3) lots and all Public Works requirements have been satisfied. Mr. Nehring made the motion to approve PS 97-47. Mr. Ferguson seconded the motion and it carried 7 - O. Messrs Barfield, Wood, Miller, Davis, Nehring, Bowen and Ferguson voted in favor of this motion. Page 4 Responding to a question, Mr. LeBaron stated that if this item were denied tonight, Holiday Lane would remain on the Master Thoroughfare plan as an M-4- U Collector Street. Chairman Barfield opened the public hearing and asked for any proponents. Mr. Charles Templin, 6728 Meadow Road, stated that he wants Holiday Lane deleted from the Master Thoroughfare Plan and Meadow Road upgraded and utilized instead. Holiday Lane, as proposed, would devalue all the property around there tremendously. Mr. Richard Gremlin, Aledo, TX, and owner of the third tract of land from Chapman Road spoke in opposition of this request. He requested that Holiday Lane, as proposed be deleted from the plan and Meadow Road utilized and upgraded. Mrs. Delores Webb, 6820 Meadow Road, concurred with improving Meadow Road and deleting Holiday Lane as proposed from the Master Thoroughfare Plan. Mr. Baker, owner of the white farmhouse on Chapman where Holiday Lane is proposed to start spoke in opposition and urged the Commissioners to delete Holiday Lane and utilize Meadow Road instead. Additional opponents included Mrs. Kaufman and Mrs. Wauson, both of Meadow Road, who concurred with the previous opponents and urged the Commissioners to delete Holiday Lane as proposed and upgrade and realign Meadow Road instead. Mr. Nehring stated that he lives in this area and sees the traffic on this street daily. He doesn't believe that Holiday Lane, as proposed would alleviate any of the congestion and agrees with the opponents. Chairman Barfield called for additional proponents. Seeing none, he called for any opponents. Seeing none the public hearing was closed. Mr. Ferguson made the motion to leave Holiday Lane as an M-4-U but realign it to Meadow Road. Mr. Bowen seconded the motion and it carried 7 - 0 with Messrs Barfield, Bowen, Wood, Miller, Davis, Nehring & Ferguson voting in favor of it. Page 6 8. PZ 97-48 PUBLIC HEARING TO CONSIDER AMENDING THE ZONING REGULATIONS TO ESTABLISH ADULT ENTERTAINMENT REGULATIONS. ORDINANCE NO. 2257 APPROVED Mr. LeBaron explained that Rex McEntire, City Attorney advised the City Council recently that the City needed to adopt regulations to control the location and control the location and operation of adult entertainment establishments. Mr. LeBaron explained that according to state laws, without these types of guidelines, legally this type establishment could locate anywhere in the community. This amendment establishes a definition for an adult entertainment facility and amends the Table of Permitted uses to allow an adult entertainment establishment by right within the 1-2 Medium Industrial district. On top of that more stringent guidelines have been placed such as not allowing them within 1 ,000 feet of: daycare, schools, churches, etc. Chairman Barfield opened the public hearing and asked for any proponents. Seeing none, he called for any opponents. Seeing none, the public hearing was closed. Mr. Wood questioned the need for the need for a decrease in the distance of this type establishment and a church, school, etc. if a highway is between them. He believes the ordinance as written is extremely prohibitive and agrees with everything except this reduction to 500' in distance when highways are involved. The Commission concurred on this and would like to see this reduction in distance increased to 1 ,000 regardless of a highway barrier. Mr. Bowen made the motion to approve PZ 97-48. Mr. Wood seconded the motion and it carried 7 - O. Messrs Barfield, Bowen, Wood, Miller, Davis, Nehring & Ferguson voted in favor of this motion. Page 7 9. PZ 97-51 PUBLIC HEARING TO CONSIDER THE REQUEST OF JIM WALKER TO REZONE LOTS 1 & 2, BLOCK 2, THOMPSON PARK ESTATES ADDITION FROM R-1 SINGLE FAMILY RESIDENTIAL TO C-1 COMMERCIAL. (LOCATED AT 6305 PRECINCT LINE ROAD) ORDINANCE NO. 2261 APPROVED Mr. LeBaron explained that the next two-(2) items go hand in hand and one Public Hearing could be done jointly as long as two different motions are made. Chairman Barfield opened the pubic hearing and asked the applicant to come forward. Mr. Wood stated that due to a possible conflict of interest, he would be abstaining from the discussion and voting of this item. Mr. Jim Walker, applicant presented this request for Conoco. Mr. Walker stated this is the future home of an upscale convenience store and Conoco gas station. There will be no adult magazines sold at this facility and there will be limited cigarette displays. The structure will be 100% masonry with onsite storm drains. Thirty percent of the property will be dedicated to landscaping. Chairman Barfield questioned the placing of the curb cuts and drive approaches. Mr. Walker stated that he had no problem with a shared access on the southern portion of this property, however, the first curbcut on Precinct Line Road is necessary because of the tanker trucks. He is not opposed to making this most northern drive an "entrance only" but stated that this most northern drive is imperative for the tanker trucks. Mr. Ferguson stated that their only concern with "entrance only" drives is that there are a lot of people of who can't read. Mr. Davis stated that he hopes the applicant will reconsider this drive approach issue. He stated that this requirement has been asked of other applicants, i.e., Texaco at Davis & Mid-Cities, Race Trac on Rufe Snow, etc., stating that this issue is a killing point as far as he is concerned. Mr. Davis stated that in his opinion Conoco needs to eliminate the northern most drive and have only one drive, a larger, shared drive on the southern most portion of the property. Mr. Carroll, Director of Development for Conoco stated that he is adamantly opposed to Mr. Davis' proposal and that it actually could create an extremely dangerous condition, with a potential of an explosion where the tanker trucks are Page 8 regarded. He stated that one curb cut needs to be facing the gas islands. He believes Mr. Davis' proposal is economically unviable. Mr. Davis stated that he appreciated Mr. Carroll's dramatics but stated that it works for Racetrac and Texaco, which is on the same major east/west thoroughfare. Chairman Barfield stated that since the meeting had been in session for some time, a short recess would be taken. After the recess discussion ensued regarding the drive cuts. Mr. Walker explained that the reason the northern most drive was placed there was that the Feasibility Study that was performed on this location stated that the majority of the customers will be utilizing Precinct Line Road. He explained that this is the reason it fronts Precinct Line Road, making it difficult for these people to make this kind of maneuver. Much discussion ensued regarding this issue. Mr. Davis stated that in reality this is a zoning case, and they are discussion platting issues. It has been determined that Conoco is purchasing 25 additional feet along the southern most property line, so a replat is imminent. Mr. Davis suggested that the northern most drive be deleted and one (1) curb cut be utilized, with an increased width of 35' and centered along the east property line, approximately 91' feet north of the south property line. Ms. Mia Brown, Conoco Engineer, stated that this could be accomplished but asked if the Commission would allow them to center the drive off the building and pump dispensers. Mr. Davis stated that if they do any thing, cheat it to the south and not the north, stating they are trying to get it as far away from the intersection of Precinct Line and Mid-Cities as possible. He stated that his motion would require it be centered along the eastern property line, as previously discussed though. Responding to a question, Ms. Brown explained that this same facility is 45% complete in Keller, a similar one is also under construction in Piano. She explained that this will be a masonry exterior with Terra Cotta colored split face block brick with a green accent line around the bottom of the building and Green canopies. Additionally she doesn't have a problem amending their landscape plan to include a 3 - 4' landscape berm with Live Oaks or Crepe Myrtle's. Additionally she explained that the rear of the facility would be well lit, but primarily used for deliveries. After discussion, Ms. Brown stated that a decorative sidewalk could be extended and doors added to the rear for students Page 9 coming over from the school. She asked if this could be looked at and reconsidered at the platting process. Chairman Barfield called for additional proponents. Being none, he called for any opponents. Seeing none, the public hearing was closed. Mr. Bowen made the motion to approve PZ 97-51. Mr. Nehring seconded the motion and it carried 6 - O. Messrs Barfield, Bowen, Miller, Davis, Nehring & Ferguson voted in favor of this motion. Mr. Wood abstained. 10. PZ 97-54 PUBLIC HEARING TO CONSIDER THE REQUEST OF JIM WALKER FOR A SPECIAL USE PERMIT FOR A CONVENIENCE STORE ON LOTS 1 & 2, BLOCK 2, THOMPSON PARK ESTATES ADDITION. ORDINANCE NO. 2262 APPROVED Chairman Barfield opened the public hearing and called for any opponents. Being none, he called for any opponents. Being none the public hearing was closed. Mr. Davis made the motion to approve PZ 97-54 with the following amendment to the site plan: Only one (1) 35' wide curb cut be allowed on Precinct Line Road that will be centered along the 182' length of that property, that additional landscaping along the west property line be required of an average of 2 - 3 berm with either 6' crepe myrtle's or 6' live oaks being added at a minimum of 25' intervals along the west property line and that to also reinforce that the masonry screening wall is not required per action taken by the commission when the school property was zoned. Mr. Bowen seconded the motion and it carried 6 - O. Messrs Davis, Nehring, Ferguson, Barfield, Bowen & Miller voted in favor of this motion. Mr. Wood abstained. Page 10 11. PZ 97-53 PUBLIC HEARING TO CONSIDER THE REQUEST OF DWIGHT BARON TO REZONE TRACT 2, BRENTWOOD ESTATES ADDITION FROM AG AGRICULTURAL TO C-2 COMMERCIAL. (LOCATED IN THE 8600 BLOCK OF DAVIS BOULEVARD) ORDINANCE NO. 2263 TABLED Mr. LeBaron explained that this 3.5-acre tract is currently zoned AG Agricultural and fronts on Davis Boulevard and back up to the Steeple Ridge Addition, which is zoned R-2. The applicant has requested a zoning change to C-2 Commercial with a Special Use Permit for Mini-Warehouses. He explained that the proposed configuration on the property would allow the applicant to retain a retail site that fronts on Davis Boulevard and the warehouses would only have about 70' of actual frontage on Davis Boulevard. The applicant has requested a waiver on landscaping and setback requirements, and a waiver of the masonry screening wall requirement. Mr. Wood stated that for clarification he wanted to explain that he was the broker on this tract of land several months ago and his business sign should have been removed. It was brought to his attention earlier this morning that this sign still remains on the property. He stated that he has no interest in this case, the property was purchased several months ago and it wasn't contingent upon any kind of zoning changes and Mr. Wood's involvement ceased at that time. He has spoken with the City Attorney who has advised him that did not have a conflict of interest, and would be required to vote on this item. Chairman Barfield opened the public hearing and asked the applicant to come forward. Mr. Walter Nelson, 1002 West Wall Street, Grapevine, presented this request for the owner. He is the engineer for this project. He explained that this property is unusual in shape, being quite thin and long. Mr. Nelson stated that he has engineered many warehouse facilities and has tried to develop a plan that would work with the area but still create a buffer for the rear property. Mr. Nelson stated this would be an upscale mini-warehouse facility. Some of the amenities include: door alarms on each individual unit, no pole lights, no rear facility lights, no after dark traffic, it's own storm sewer through the middle of the property, and a 24 hour resident manager. All the lights in this facility will be wall mounted, approximately eight feet (8') off the ground and pointing down. The retail pad site will share access with the mini-warehouses. Page 11 Mr. Nelson stated that they would not have a problem changing the zoning of the retail pad site to a C-1 Commercial zoning district to lessen the options that may develop on it. Chairman Barfield called for additional proponents. Seeing none, he called for any opponents. Mr. James Buck, a Steeple Ridge resident, voiced concerns about the devaluation of property, an inadequate landscaping buffer. He also is very concerned about the project killing the existing Post Oak trees in this area. Mr. Buck requested that should this project be approved, he hopes the Commission would at least consider a larger landscaping buffer between the facility and his subdivision. Ms. Mary King, Shady Brooke Drive, stated that she wants the natural state that currently exists preserved. She is opposed to any development taking place on this property. Mr. Robert O'Riley, Trails Edge Drive was opposed to this request. Mr. Matt Malono, Hedge Row Court, stated there is no need for additional warehouses in the area, two currently exist on Davis Boulevard already. He is opposed to this request. Reverend Leonard Newman, owner of 4.7 acres south of this site asked the Commission to follow their heart in considering this matter. Ms. Janet Dietrich, Shady Brooke Drive, was opposed to this request. Mr. Steve Brunning, Kingswood Court, was opposed to this request. Seeing no additional opponents, Chairman Barfield closed the public hearing. Mr. Bowen believes this site is too deep for commercial development. Chairman Barfield stated that he believes the landscaping buffer and green area is too small. Much discussion ensued regarding the options of a Planned Development as well as other possibilities of the zoning of this land. Mr. Davis suggested these two (2) items be tabled, ask the applicant to accept a Planned Development, which would be a more restrictive zoning and utilize the concerns voiced at this public hearing. Page 12 ~ . .. . Mr. Nelson requested that the Commission Table PZ 97-53 so that the developers could work with staff and some of the homeowners and resubmit with a Planned Development proposal. Responding to a question, Mr. Nelson stated that with a 35' landscape buffer, some of the existing Post Oak trees might be preserved. Mr. Davis stated that replacing Post Oak trees with two-inch (2") Cedar Elms would not work. Mr. Miller stated that he has a problem with the buffer as presented. He wants to know who will maintain it. Chairman Barfield stated that a 25' buffer isn't going to be enough, but a 50' buffer would essentially become a park and the maintenance of this area would one day become an issue. He believes there are a lot of unanswered questions, that hopefully the PD proposal will address. Mr. Nelson stated that he would be willing to work closely with the concerned neighbors as well as staff. Mr. Wood made the motion to Table PZ 97-53, allowing the developer time to meet with the homeowners in opposition and resubmit a more agreeable proposal. Mr. Bowen seconded the motion and it carried 7 - O. Page 13 ,; .. 12. PZ 97-52 PUBLIC HEARING TO CONSIDER THE REQUEST OF DWIGHT BARON FOR A SPECIAL USE PERMIT FOR MINI-WAREHOUSES ON A PORTION OF TRACT 2, BRENTWOOD ESTATES ADDITION. (LOCATED IN THE 8600 BLOCK OF DAVIS BOULEVARD) ORDINANCE NO. 2264 TABLED Chairman Barfield opened the public hearing and called for any proponents. Being none, he called for any opponents. Seeing none, the public hearing was closed. Mr. Wood made the motion to Table PZ 97-52. Mr. Bowen seconded the motion and it carried 7 - o. 13. CITIZEN COMMENTS There were none. 14. STAFF REPORT There were none. 15. ADJOURNMENT There being no further business to conduct the meeting adjourned at 11: 10 p.m. <O~- f) David Barfield, Chairman Page 14