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HomeMy WebLinkAboutPZ 1994-01-13 Minutes CALL TO ORDER ROLL CALL CONSIDERATION OF MINUTES OF DECEMBER 9, 1993 1 . \ PLATS AND SUBDIVISIONS 2. PS 93-28 MINUTES FOR THE REGULAR MEETING OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF NORTH RICH LAND HILLS, TEXAS January 13, 1994 - 7:30 p.m. The meeting was called to order by Chairman James Brock at 7:30 p.m. PRESENT Chairman Members James Brock Paul Miller Ron Lueck Don Bowen Fred Wi Ison David Barfield Victor Baxter Barry LeBaron Clayton Husband Steve Pence Director Plan/lnsp Planner Building Official Mr. Barfield made the motion to approve the minutes. The motion was seconded by Mr. Bowen, and the motion carried 7-0. Election of Officers for 1994 The following officers for 1994 were elected unanimously by the Commission: Chairman Vice-Chairman Secretary James Brock David Barfield Victor Baxter Public Hearing to consider the request of David Austin for a Replat of Lots 2 and 3, Block 11, Meadow Lakes Addition. This property is located at 6332 Skylark Circle. TABLED 12/9/93 Chairman Brock opened the Public Hearing and called for those wishing to speak to come forward at this time. Mr. David Austin, 6332 Skylark Circle, came forward to speak. He stated he owns the vacant lot next to the house, and wishes to plat the property into one lot. Chairman Brock stated he received many phone calls from neighbors about the intended use of the property. He asked Mr. Austin what he intends to do with the property. Mr. Austin stated they plan to use part of it for a yard, possibly garage space. He stated they wanted the open space. He stated he plans to construct another building on the lot. Chairman Brock asked if he intends to construct another residence on the lot. Mr. Austi n stated no. PZ Minutes - Page 2 January 13, 1994 Mr. Dale Henry, president of the Meadow Lakes homeowners association, came forward to speak. He stated they would like to make sure everything is done according to city codes and deed restrictions. Mr. Jimmy Grant, 6313 Skylark Circle, came forward to speak. He stated his concerns over the intended use of the property. Chairman Brock stated there is no problem with platting the two lots into one. He stated there is a lot of codes and restrictions that would have to be met before anything could be built on the lot. He stated they can do whatever is allowed by right on the property. Mr. Bowen stated that the City cannot enforce deed restrictions because they have no legal authority in that area. He stated deed restrictions can only be enforced by the homeowners association. There being no one else wishing to speak, Chairman Brock closed the Public Heari ng. Mr. Barfield made the motion to approve PS 93-28. The motion was seconded by Mr. Baxter, and the motion carried 5-2, with Mr. Barfield, Mr. Baxter, Mr. Wilson, Mr. Lueck, and Mr. Bowen voting for, and Chairman Brock and Mr. Miller voting against. 3. PS 94-05 Request of Dewey & Associates for Amended Plat of Lots 1 and 2, Block B, Northland Shopping Addition. Chairman Brock stated this is a housecleaning issue to clear up a drafting error on the plat. Mr. Bowen made the motion to approve PS 94-05. The motion was seconded by Mr. Miller, and the motion carried 7-0. ZONING CASES 4. PZ 93-25 Public Hearing to consider an amendment to the Zoning Ordinance No. 1874 regarding Grand Openings for Businesses. Chairman Brock stated the Council directed staff to look into regulations that would allow new businesses to have special advertising upon opening. He stated some changes the Commission discussed during the workshop were to extend the permit period from 14 days to 30 days, and to strike sentence (6) under Section 18. Mr. Wilson stated he would like to see a change made to the ordinance that states grand opening signage is not allowed in residential zoning districts. Chairman Brock opened the Public Hearing and called for those wishing to speak to come forward at this time. Mr. Danny Thompson, business owner and resident, came forward to speak. He stated he would like to see the Commission address special event signage also. He stated some people want special signage during throughout the year to advertise seasonal promotions. He stated some retail businesses obtain 60- to 75-percent of their sales during the time between Thanksgiving and Christmas. Mr. Thompson stated a small business sometimes gets co-op help in advertising with their suppliers. He stated he would like to see the regulations expanded to include this type of PZ Minutes - Page 3 January 13, 1994 advertisi ng. Chairman Brock stated that is one area they could consider looking at in the future. He stated Mr. Thompson might want to address the Council also. Mr. Barfield stated they would have to look at that issue as a separate one since this ordinance deals only with grand openings. Mr. Baxter stated banners are allowed under the current ordinance. Mr. Bowen asked if the current regulations allow any special sale signage. Mr. LeBaron stated none other than a typical portable sign. There being no one wishing to speak, Chairman Brock closed the Public Hearing. Mr. Bowen made the motion to approve PZ 93-25, subject to the amendments brought forward by the Commission. The motion was seconded by Mr. Wilson, and the motion carried 7-0. Mr. Barfield stated that Mr. Thompson might want to petition the City Counci I to ask the Commission to study the special event signage issue further. Mr. LeBaron stated the staff did notify several of the businesses about this ordinance and invited them to attend. 3. PZ 93-29 Public Hearing to consider the request of James Rust to rezone Tract 8A, Cox Survey, Abstract 321, from AG Agriculture to R-2 Single Family Residential. This property is located in the 7500 block of Starnes Road. Chairman Brock opened the Public Hearing and called for those wishing to speak to come forward at this time. Mr. David Washington, Washington & Associates Engineers, came forward to speak. He stated he represents Mr. Rust, the developer of the property. He stated the request for R-2 zoning is consistent with the Master Plan and is comparable to the surrounding area. Mr. Barfield asked about the drainage problems with the area. Mr. Washington stated they have developed a plan for the downstream drainage. He stated they have not done a final engineering plan on the property, but they are aware of the lake and the potential problems that could arise. Mr. Tom Harris, 7344 Plumwood Drive, came forward to speak. He asked what type of development wi II occur on that property. He asked if they plan to construct similar type housing on the property. Chairman Brock stated since the surrounding area is R-2, it would be similar. Mr. Harris asked if there are any restrictions as to the size of the homes. Mr. LeBaron stated the R-2 zoning district requires a 9,000 square foot lot, and 1,800 square foot homes. Mr. Harris asked if the property has been platted. PZ Minutes - Page 4 January 13, 1994 Mr. LeBaron stated no, but a preliminary plat has been submitted and will possibly be considered by the Commission at the next meeting in two weeks. Mr. Harris asked if there are any plans for the lake. Chairman Brock stated all they are considering tonight is the zoning. They do not know any specific plans for the area yet. Mr. Harris asked if there are regulations regarding the filling in of the lake. Mr. LeBaron stated there are requirements for drainage on any subdivision, and all requirements would have to be satisfied before anything could be built on the lots. Mr. Don Johnson, 7552 Starnes, came forward to speak. He stated he would like to see the lake remain on the property. Mr. Bernie Schmidt, 7500 Kingswood Court, came forward to speak. He asked how many homes would be built on the property. Chairman Brock stated the developer could fit about 30-33 homes on the property. He stated they are only considering the zoning on the property. Mr. Schmidt asked about any federal wetlands designation on the property. Mr. LeBaron stated he discussed this issue with Kevin Miller in the Public Works Department. He stated according to their discussion, this property would not fall under any federal wetlands restrictions. He stated when the plat is considered, there may be more information on that issue. Mr. Mike Watland, 7320 Plumwood Drive, came forward to speak. He requested the Commission table this item until they know more about the drainage problems on the property and until the neighborhoods have had a chance to look at the proposed plans for the property. There being no one else wishing to speak, Chairman Brock closed the Public Heari ng. Mr. Barfield stated the Commission did extensive research on the properties in the city and the future use of the properties. He stated that residential was determined to be the highest and best use of the property. He stated agriculture zoning is really a holding zone until the property develops. Chairman Brock stated a majority of the questions may be answered at the time of platting. Mr. Wilson stated he will abstain from voting on this issue due to the question in the ownersh i p of the property. Mr. Barfield made the motion to approve PZ 93-29. The motion was seconded by Mr. Miller, and the motion carried 6-0, with Mr. Wilson abstaining. PZ Minutes - Page 5 January 13, 1994 STAFF REPORT CITIZEN COMMENTS ADJOURNMENT Ictor Baxter, Secretary Planning and Zoning Commission None. Mr. Jed Ford came forward to speak. He stated he is a veterinarian and owns a clinic in the Kroger shopping center at Watauga Road and Rufe Snow. He stated he is considering buying some land in that same center to expand his business. He stated a question has come up regarding the C-1 zoning and the boarding of animals. He stated he does not intend to construct any outdoor kennels. Mr. Husband stated he has spoken with Mr. Ford about this issue. He stated the zoning ordinance lists two types of clinics: one with kennels and one without kennels. He stated the one with kennels is not specifically allowed in a C-1 zone. He stated the question lies in the purpose of the kennels and whether they are inside or outside. He stated it is unclear of the intent of the ordinance regarding kennels. Mr. Barfield stated the intent was to keep the kennels indoors in a C-1 district. He stated an inside kennel is similar to a pet shop. Mr. Baxter asked if Mr. Ford had a particular piece of property in mind. Mr. Ford stated the property is in the Kroger shopping center, next to the SpeeDee lube. Mr. Wilson asked if he would take the dogs outside. Mr. Ford stated no. He asked if he does not have any outside runs or kennels, would he be required to apply for a special use permit. Chai rman B rock stated no. There being no further business, the meeting was adjourned.