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HomeMy WebLinkAboutPZ 1994-01-27 Minutes r CALL TO ORDER ROLL CALL CONSIDERATION OF MINUTES OF JANUARY 13/1994 PLATS AND SUBDIVISIONS 1. PS 93-17 2. PS 93-39 MINUTES FOR THE REGULAR MEETING OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF NORTH RICH LAND HILLS, TEXAS January 27/ 1994 - 7:30 p.m. The meeting was called to order by Vice-Chairman David Barfield at 7:30 p.m. PRESENT Vice-Chai rman Members David Barfield Paul Miller Ron Lueck Don Bowen Fred Wilson Victor Baxter Barry LeBaron Clayton Husband Steve Pence Director Plan/lnsp Planner Bui Iding Official ABSENT Chairman James Brock Mr. Lueck made the motion to approve the minutes. The motion was seconded by Mr. Wi Ison, and the motion carried 6-0. Request of Cecil Cleveland for a Replat of Lots 1A through 3B, Block 4/ Diamond Glen Addition. This property is located at the northwest corner of Honey Lane and Harmonson Road. Mr. LeBaron stated this is a replat of six lots into two lots. He stated the property is currently zoned duplex, and the owner is aware that a zoning change is required in order to develop single family homes. He stated this replat can be considered and forwarded to the Council without delay. Vice-Chairman Barfield opened the Public Hearing and called for those wishing to speak to come forward at this time. There being no one else wishing to speak, Vice-Chairman Barfield closed the Public Hearing. Mr. Lueck made the motion to approve PS 93-17/ subject to engineer's comments, and that the owner locate the sewer and water taps. The motion was seconded by Mr. Miller, and the motion carried 6-0. Request of Oak Hills Joint Venture for Preliminary Plat of Oak Hills Addition, Phase 2. This property is generally located west of Precinct Line Road, north of the ra i I road tracks. Mr. Doug Long, 1615 Precinct Line Road, came forward to speak. He stated he is the engineer and part owner of the project. He stated they are developing the area into single-family lots. He stated they can accommodate the engineers comments on th is project. PZ Minutes - Page 2 January 27, 1994 Mr. LeBaron stated the developer has agreed to all engineering comments, and will proceed with a Final Plat based upon the recommendation of this Preliminary Plat. Mr. Bowen made the motion to approve PS 93-39/ subject to engineer's comments. The motion was seconded by Mr. Lueck, and the motion carried 6-0. 3. PS 93-40 Request of Charles Leverton for Replat of Lots 1-3/ Block 2/ Mollie B. Collins Addition. This property is located in the 7800 block of Odell Street. Mr. Charles Leverton, 7816 Odell Street, came forward to speak. He stated he has agreed to all engineering comments. Mr. Miller made the motion to approve PS 93-40/ subject to engineer's comments. The motion was seconded by Mr. Wilson, and the motion carried 6-0. 4. PS 93-42 Request of James Rust for Preliminary Plat of Briarwood Estates, Section 7. This property is located in the 7500 block of Starnes Road. Mr. Wilson left the meeting due to a prior engagement. Mr. LeBaron stated this is a 9-acre tract being developed into single family lots. He stated the lots comply with the R-2 zoning district. He stated there have been a lot of questions from the neighbors concerning the drainage on the property. Mr. David Washington, 500 Grapevine Highway, came forward to speak. He stated the average lot size is 9/700 square feet. He stated they have worked out a solution to the downstream drainage problems with city staff, and the improvements will be made prior to construction on this particular subdivision. Mr. Washington stated they have discussed the lake issue with city staff, and the Corps of Engineers has determined that the lake is not classified as a federal wetlands. He stated the Corps will look at the lake again due to the possibility of an artesian well under the lake, but they will not look at the property until a preliminary plat is approved. Mr. Lueck asked if the lake will be drained. Mr. Washington stated yes. Mr. Baxter asked if the 10-foot wide easement on the south wi II be wide enough to accommodate the drainage from this property. Mr. Washington stated the existing easement has a 48-inch storm drain with a concrete overland surface. He stated they will tie into those with similar sized structures. Mr. Lueck asked if the engineers knew how much water the artesian well produces. Mr. Washington stated there is no water running out of the lake, which make him believe that it is not an artesian well. He stated it may be spring-fed. He stated they have no measurement of artesian flow at this time. Mr. Larry Armstrong, 7228 Plumwood Drive, came forward to speak. He stated there is a considerable amount of standing water in his rear yard. He stated his concern about the drainage on the property. Vice-Chairman Barfield stated the city will be installing additional storm drains in the area. PZ Minutes - Page 3 January 27,1994 Mr. LeBaron stated the Capital Improvements Advisory Committee approved an additional 48-inch underground drain that will parallel an existing drain. Mr. Armstrong stated there are no storm drains along Starnes at that property. He stated the surrounding streets are always wet. Mr. Bernard Schmitt, 7500 Kingswood Court, came forward to speak. He stated there is a drainage problem on Starnes Road. He stated that Post Oak and Plumwood are also under water. Vice-Chairman Barfield stated the proposed street and drains would serve as a drain for the immediate area. He stated the property probably would not be raised to a level higher than the surrounding property. Mr. Schmitt stated the city should install new drains in the area. Mr. Lueck stated the downstream improvements were being considered before this project came up. Mr. Schmitt stated the area is not draining properly. Vice-Chairman Barfield asked what the runoffs were on the surrounding property. Mr. Washington stated all the property around the subject site drain to this site. He stated they cannot build the property up because that would cause a backup. He stated they must grade the property to drain into the street and storm sewer system. He stated the street wi II be lower to carry the water off of the lots. He stated a storm sewer picks up into this property off Post Oak, and they will be tying into that system. Vice-Chairman Barfield stated the water problem will not increase on the other properties because of this plat. Mr. Washington stated that is correct. He stated they are increasing runoff downstream and they have to mitigate that problem. He stated they are downstream of everyone else. Mr. LeBaron stated that Mr. Schmitt should contact the Public Works Department if he would like to see the actual design of the system. Vice-Chairman Barfield stated the staff needs to study this when the Final Plat is submitted. He stated these issues will be addressed in detail at that time. Mr. Don Johnson, 7552 Starnes Road, came forward to speak. He stated he lives next door to the property and asked how the fence will restrict the view of his house from the street. He asked if a fence or wall will be put up along Starnes Road. Mr. Pence stated that the fence could not cross the 20-foot building line on the lot to the west. He stated that is about 30 feet from the curb. Vice-Chai rman Barfield stated the owner of that lot may put up a stockade fence or no fence at all. Mr. Johnson asked if there would be an entry wall. Mr. Bowen stated a masonry wall is not required for this subdivision. PZ Minutes - Page 4 January 27,1994 Mr. Johnson stated his concern about the drainage on the property. Mr. David Sperling, 7212 Plumwood Drive, came forward to speak. He stated he is not convinced that the drainage system will work. He stated he does not think the 48-inch drain should go in the easement at the rear of the properties. He asked that the citizens be drawn into the process. Vice-Chairman Barfield stated the city engineers and staff could meet with the citizens to give them the assurance they need before the final plat is approved. Mr. Sperling asked that the citizens be given a guarantee in writing that the drainage problem will be solved. Mr. LeBaron stated they did not anticipate this many questions regarding the offsite drainage. He stated the Final Plat for this project will come before the Commission at the February 10th meeting. He stated they will have staff engineers available for questions. Mr. Sperl i ng stated th is type of meeti ng is not the type of forum to answer thei r questions. He stated they should be addressed as a group at a special meeting. Vice-Chairman Barfield stated they would need a register of those who wish to be notified if it is possible to schedule such a meeting. Mr. Michael Wantland, 7320 Plumwood Drive, came forward to speak. He stated he kept up the property for the Claunch's. He stated there was a lawsuit between Mr. Claunch and Mr. Rust. He stated any houses built in this subdivision will have foundation problems. He stated he would like to see an outside source evaluate the property. Ms. AI ice James, 731 7 Post Oak Drive, came forward to speak. She stated her concern about the drainage problems in the area. She asked what the grade of the property and street level would be. She stated this property is a natural flood area. Ms. James stated the development will cause additional drainage problems. Vice-Chairman Barfield stated a new system will be installed on the property to accommodate the drainage on the property. Ms. James asked for a written guarantee that the drainage problem will be solved. Vice-Chairman Barfield stated that the City did not design the downstream system to accommodate the runoff, which is why they are redesigning the storm system downstream. Ms. James stated the city needs to look at this problem very seriously. She asked for an answer to her previous questions regarding the street grade. Vice-Chairman Barfield stated they cannot answer those questions because they do have that information. He stated this is a Preliminary Plat showing proposed lot layouts. He stated the drainage studies and calculations would be prepared at the final plat stage. Ms. James stated that 33 homes on nine acres is too dense. She asked what the minimum square footage of the houses would be. Vice-Chairman Barfield stated the property is zoned R-2 which requires 1/800 square foot homes and 9/000 square foot lots. PZ Minutes - Page 5 January 27, 1994 Ms. James asked how much of an acre that is. Vice-Chairman Barfield stated that R-2 is approximately 3.2 units per acre in density. Ms. James stated that the lake should remain on the property. She asked if the height of the property is increasing. Vice-Chai rman Barfield stated that the engi neer stated he is not i ncreasi ng the elevation of the property. He stated the developer is lowering the street to pick up additional storm water upstream and direct it into the storm drains. Mr. Ross Hood, 7501 Teakwood Court, came forward to speak. He stated he is the president of the Teakwood Court Homeowners Association. He stated they do not feel that the proposed drainage solution is adequate. He stated the entire area needs to be looked at in regards to drainage. Mr. Tom Harris, 7344 Plumwood Drive, came forward to speak. He stated his concerns over how the property will develop and drain. He asked if there has been a hydrology study on the property. He stated there seems to be a number of springs on the property. Mr. Harris stated they do not want to see homes built that will eventually have foundation problems. He asked for a formal response from the Corps of Engi neers on th is issue. Vice-Chairman Barfield closed the Public Hearing. Vice-Chairman Barfield stated he still feels that residential development is the highest and best use of the property. He stated the Master Plan calls for that type of development. He stated if the plat is approved, he has reservations about pushing the final plat through without solving these issues brought up tonight. Mr. Washington stated the lots facing on Plumwood and Post Oak that back up to this property drain onto the property. He stated there is nothing they can do to increase the drainage problems on those lots because of that fact. He stated that Teakwood Court has an existing problem. Mr. Washington stated that 60 acres of land drain onto Teakwood Court. Vice-Chairman Barfield stated that the entire area needs to be studied. Mr. Lueck stated the only way to continue this debate is to approve the Preliminary Plat. He stated otherwise the project dies and there is no hope to alleviate any problems that already exist. He stated the engineers sign and seal their projects, and there is liability associated with that. He stated the only way to get a final resolution is to pass the Preliminary Plat. Mr. Lueck stated the drainage is a separate issue from the actual layout of the plat. Mr. Baxter stated if the plat is d isapproved, then the problem sti II remai ns. Vice-Chairman Barfield stated this development will be adding a tremendous amount of storm sewers to the system. He stated that is a different issue than the platting of the property. Mr. Bowen stated he would like to see where the water goes after it leaves Teakwood Court. PZ Minutes - Page 6 january 27, 1994 Mr. LeBaron stated he would have the engineers at the next meeting. He stated he would ask the engineers if they could set up a special meeting between now and February 10th. Vice-Chairman Barfield stated he would like to see a recommendation that the Final Plat not proceed until this problem is resolved. Mr. Lueck made the motion to approve PS 93-42/ subject to engineer's comments. The motion was seconded by Mr. Baxter, and the motion carried 5-0. 5. PS 93-41 Public Hearing to consider the request of John Volkman for a Replat of Lots 40R- 43R, Block 3/ Stonybrooke South Addition. This property is located on Crystal Lane. Vice-Chairman Barfield stated that the next three items would be considered at the same time, but voted on separately. Vice-Chairman Barfield opened the Public Hearing and called for those wishing to speak to come forward at this time. Mr. John Zimmerman, 908 West Main, Arlington, came forward to speak. He stated he has worked on this property many times as a surveyor and engineer. He stated the owner is proposing to combine several lots to make better building sites. He stated the building areas have changed due to stricter runoff standards. Vice-Chairman Barfield asked if the developer has agreed to all engineering comments. Mr. Zimmerman stated yes. There being no one else wishing to speak, Vice-Chairman Barfield closed the Public Heari ng. Mr. Bowen made the motion to approve PS 93-41. The motion was seconded by Mr. Lueck, and the motion carried 5-0. 6. PS 93-43 Public Hearing to consider the request of John Volkman for a Replat of Lots 8R-13R, Block 7/ Stonybrooke South Addition. This property is located on Kara Place. Mr. Lueck made the motion to approve PS 93-43. The motion was seconded by Mr. Mi Iler, and the motion carried 5-0. 7. PS 93-44 Public Hearing to consider the request of John Volkman for a Replat of Lots 19R- 21 R, Block 2/ Stonybrooke South Addition. This property is located on Ruthette Drive. Mr. Bowen made the motion to approve PS 93-44. The motion was seconded by Mr. Lueck, and the motion carried 5-0. 8. PS 94-01 Public Hearing to consider amending the Subdivision Regulations in its entirety. Mr. LeBaron stated staff has been drafting comments collected over the past three years into the subdivision regulations to better reflect the actual policies and procedures of the City. He stated the draft regulations have been marked so that the new information is easily found. He stated they notified area developers and engineers and asked for their comments, and staff has received several comments over the last few days. Mr. LeBaron stated the new regulations would make very clear the requirements for each individual type of subdivision plats. He stated there PZ Minutes - Page 7 january 27, 1994 are some new design criteria concerning lots and subdivisions. He stated those would make it easier for surveyors and engineers to layout more functional subdivisions in the future. He stated the engineering design features are being moved to the Public Works Design Manual, which is a better location for those policies. He stated the process would be more streamlined. He stated the Commission might consider discussing this item at a future workshop. Vice-Chairman Barfield opened the Public Hearing and called for those wishing to speak to come forward at th is ti me. There being no one wishing to speak, Vice-Chairman Barfield stated the Public Hearing would remain open at the next hearing to get more public input. Mr. Lueck made the motion to table PS 94-01/ and keep the Public Hearing open, and stated that the Commission needs time to study this case in a workshop. The motion was seconded by Mr. Bowen, and the motion carried 5-0. 9. PS 94-02 Public Hearing to consider an amendment to the Master Thoroughfare Plan regarding Smithfield Road. Mr. LeBaron stated one of the items discussed during the preparation of the Comprehensive Land Use Plan regarding the intersection of Davis Boulevard and Smithfield Road. He stated the study called for making that a 90-degree intersection, but the future of the road depended upon what happened with the future Cannon Drive. Mr. LeBaron stated since the Spring Oaks subdivision developed, Cannon Drive has been built. He stated now would be the best time to make a change to the Thoroughfare Plan regarding the Smithfield Road alignment. Vice-Chairman Barfield asked if there are any lots in the subdivision that face Cannon Drive. Mr. LeBaron stated no. Vice-Chairman Barfield opened the Public Hearing and called for those wishing to speak to come forward at this time. There being no one wishing to speak, Vice-Chairman Barfield closed the Public Heari ng. Mr. Baxter asked what would happen to the portion of Smithfield Road that currently intersects Davis Boulevard. Mr. LeBaron stated the Commission is only considering changing a line on the conceptual plan. He stated when the road is actually designed, that issue will be addressed. He stated that portion of Smithfield Road would actually become a residential street. Mr. Lueck asked if the State would have any say in the closing of that portion of Smithfield Road. Mr. LeBaron stated yes, it would be a joint project between the City and TxDOT. He stated at the time it physically takes place, that would be an engineering decision made at that time. Mr. Lueck stated they cou Id approve th is ton ight, but let the highway department know about the future of the plan. PZ Minutes - Page 8 january 27, 1994 Mr. Bowen stated approving this alignment would get rid of a very dangerous intersection. Vice-Chairman Barfield stated that the remaining portion of Smithfield Road should be cut off as a thoroughfare. Mr. Baxter made the motion to approve PS 94-02/ subject to the south portion Smithfield Road be cut-off at the time the road is designed. The motion was seconded by Mr. Bowen, and the motion carried 5-0. 10. PS 94-03 Public Hearing to consider changing the name of Cannon Drive to Smithfield Road. Mr. LeBaron stated the developer of the Spring Oaks subdivision is requesting that the City consider changing the name of Cannon Drive to Smithfield Road. He stated there are no addresses on the existing portion of Cannon Drive. Vice-Chairman Barfield opened the Public Hearing and called for those wishing to speak to come forward at this time. There being no one wishing to speak, Vice-Chairman Barfield closed the Public Heari ng. Mr. Lueck made the motion to approve PS 94-03. The motion was seconded by Mr. Baxter, and the motion carried 5-0. ZONING CASES 11. PZ 94-01 Public Hearing to consider the request of Brent Barrett to rezone a portion of Tract 13A2, Peck Survey, Abstract 1210/ from AG Agriculture to 1-1 Light Industrial. This property is located at 8500 Clay Hibbins Road. Vice-Chairman Barfield opened the Public Hearing and called for those wishing to speak to come forward at this time. Mr. Brent Barrett, 1313 Woodvale, Bedford, came forward to speak. He stated he purchased the property several years ago and intends to construct a home there in the future. He stated he runs a concrete business, and his crew meets at the property each morning at 6:45 a.m. to pick up the trucks to go to the job sites. He stated no one is there during the day. He stated he does not intend to run the business from that site, but he needs a place to store his vehicles. Mr. Barrett stated he is seeking a zoning change to allow the use. He stated he intends to enclose the rest of the building. Vice-Chairman Barfield stated there are several vacant tracts where people park their trucks. He stated there is a fine line between agriculture and commercial. Mr. Barrett stated he has two mares and a mule on the property. Vice-Chairman Barfield asked what was on the property. Mr. Barrett stated there is a 40x60 wh ite corrugated metal barn on the property. He stated is has a concrete floor. He stated he services h is tractors there on the weekend. Vice-Chairman Barfield stated it is still a commercial activity in an agricultural zone. PZ Minutes - Page 9 January 27~ 1994 Mr. Barrett stated he cannot afford to buy commercial property given the I ine of work he is in. Mr. Don Williams came forward to speak. He asked where Mr. Barrett's barn is located. He asked if it were at the corner of Steeple Ridge and Shady Grove. Mr. Barrett stated no, it is on Clay Hibbins Road. Mr. Williams stated his property backs up to the barn. He was curious about what was going to happen in addition to what already took place on the property. There being no one else wishing to speak, Vice-Chairman Barfield closed the Public Heari ng. Vice-Chairman Barfield stated he has a problem zoning this industrial. He stated he would prefer to leave it agriculture and leave it as a nonconforming use. He stated this is a common situation throughout the city. He stated they should leave the situation alone, and it will fix itself in about five years as the properties around it develop. He stated the industrial zoning is not appropriate for this area. Mr. Lueck stated if they zone it industrial, it will remain that way. He stated this would amount to spot zoning. He stated they must maintain continuity with the master plan. Vice-Chairman Barfield asked if Mr. Barrett could live with not increasing the size or intensity of the current operation on the property. Mr. Barrett stated yes. He stated the only business taking place on the property is keeping trucks in the barn. Vice-Chai rman Barfield stated the Comm ission does not want to make any situation worse for the city. He stated it would not be to the benefit of the city if the use were to expand. He stated he could increase for agriculture purposes only. Mr. Barrett stated this did not bother anyone until the subdivision behind the property was developed. Mr. Bowen made the motion to deny PZ 94-01. The motion was seconded by Mr. Lueck. Vice-Chairman Barfield asked if they could include something about letting the busi ness remai n as a nonconform i ng use. Mr. LeBaron stated they were concerned all along that th is was an illegal use. He stated it is relatively new, and has never been a legal use in that zoning district. He stated th is use has evolved recently. He stated they were concerned about the current activities on the property more than the future expanded ones. The motion carried 3-2/ with Mr. Bowen, Mr. Lueck, and Mr. Baxter voting for denial, and Mr. Barfield and Mr. Miller voting against denial. STAFF REPORT Mr. LeBaron asked the Commission members to take their copy of the Subdivision Regulations with them and bring them to the next meeting. He stated they are rather lengthy and expensive to copy. He asked the members to mark any comments or questions, and they will be addressed at the workshop at the next meeti ng. PZ Minutes - Page 10 January 27,1994 CITIZEN COMMENTS ADJOURNMENT Victor Baxter, Secretary Planning and Zoning Commission None There being no further business, the meeting was adjourned. -_._~~~ ~ ~ /'.ul .~\~ --<,... .¿,,:~~"-:. _. .<"0"-';'" Ð. . ",. .\..;:--" "'''''.. ",,' '. David Barfield, Vice-Chairman Planning and Zoning Commission