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HomeMy WebLinkAboutPZ 1994-02-10 Minutes CALL TO ORDER ROLL CALL CONSIDERATION OF MINUTES OF JANUARY 27,1994 PLATS AND SUBDIVISIONS 1. PS 93-34 2. PS 94-04 3. PS 94-07 MINUTES FOR THE REGULAR MEETING OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF NORTH RICHLAND HILLS, TEXAS February 10, 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 Don Bowen Fred Wilson David Barfield Wayne Moody Barry LeBaron Clayton Husband Steve Pence Greg Dickens Director Plan/lnsp Planner Building Official Public Works Dir ABSENT Ron Lueck Victor Baxter Mr. Barfield made the motion to approve the minutes. The motion was seconded by Mr. Miller, and the motion carried 4-0, with Chairman Brock and Mr. Moody abstaining due to absence at the previous meeting. Reconsideration of the request of James R. Harris Company for Preliminary Plat of Shady Oaks Addition, Second Filing. This property is located on the north side of North Tarrant Parkway, west of Castle Creek Road. Mr. Terry Mitchell, of Carter & Burgess Engineers, came forward to speak. He stated the developer has agreed to all engineering comments. Mr. Wilson made the motion to approve PS 93-34. The motion was seconded by Mr. Moody, and the motion carried 6-0. Request of Tejas Testing Technology for Preliminary Plat of Tejas Testing Site No. 20. This property is located at the southwest corner of Davis Boulevard and Ross Road. Chairman Brock stated that this item has been withdrawn at this time at the request of the appl icant. Request of James Rust for Final Plat of Briarwood Estates, Section 8. This property is located in the 7500 block of Starnes Road. Mr. David Washington, 500 Grapevine Highway, came forward to speak. He stated the primary questions regarding this plat concern drainage. He stated they met with citizens and city staff to discuss the drainage issues at length. He stated they are working with the City to resolve downstream drainage problems on Teakwood Court. He stated the water will be taken underground via new storm sewers. He stated the lake will be drained to determine what ground water exists in the area. PZ Minutes - Page 2 February 10, 1994 Chairman Brock stated the Commission met with Mr. Dickens, the Public Works Director, at 6:00 and received an overview of the meeting with the citizens. Chairman Brock stated this is not a public hearing, but if anyone wants to come forward to ask specific questions, they should come forward at this time. Mr. Mike Wantland, 7320 Plumwood Drive, came forward to speak. He stated 10 of 32 houses on Plumwood Drive have structural damage. He stated the same problem will occur on this property. He questioned the address on the zoning notice. Mr. LeBaron stated that property is rezoned according to legal description, and the address is given just as a general description of the area the property is in. Mr. Wantland stated there is I itigation in place on th is property. Mr. Bowen stated he is not aware of that. He stated the Commission is appointed by the City Council and made up of ordinary citizens. He stated they try to do what is best for the city, and th is is not an opponents situation at all. Mr. Wantland asked who at the Corps of Engineers was contacted in regards to the wetlands question on this property. Mr. Dickens stated David Madden. He stated Mr. Wantland could call Mr. Washington's office to get a direct number to Mr. Madden. Mr. Washington stated a city staff engineer contacted the Corps regarding wetlands when this issue was first brought up. He stated some of the reasons the lake did not qualify for wetlands were that it is not on a natural stream and is man-made. He stated they have sent the Corps a copy of the plat and a letter, and are awaiti ng a written response. Mr. Washington stated the Corps will look at the property since the possibility of a natural spring exists. He stated if the lake is under 1-acre, it would not qualify for wetlands status. Mr. Wantland stated the Commission needs to look at this issue more closely. He stated the stock tank was there in 1980. He stated there are french drains under the property. He stated if this item continues, they will take this to court. Mr. Ross Hood, 7516 Teakwood Court, came forward to speak. He asked if the drainage system downstream would be in place before the property develops. He asked how the pond will be drained. Mr. Washington stated the water in the pond will be pumped out in a controlled fashion. Mr. Dickens stated that the off-site improvements wi II have to be made before onsite improvements can commence. Mr. Randall Toddy, 7329 Post Oak, came forward to speak. He asked if the dam will be breached when the water is pumped out. Mr. Washington stated the purpose of pumping the water out is to control discharge. He stated the dam will be breached in order to get into the pond to clean it out. He stated if the decision is made not to develop, the dam can be rebuilt. PZ Minutes - Page 3 February 10, 1994 Mr. Tom Harris, 7344 Plumwood Drive, came forward to speak. He asked if the plat can be delayed pending the Corps of Engineers response. Mr. Dickens stated the Corps intends to look at it, and the city is trying to contact them in regards to this property. He stated he was not sure when a written response would be received. Mr. Harris requested the Commission delay the approval of this plat until the Corps responds. Mr. Clinton Johnson, 7345 Plumwood Drive, came forward to speak. He stated he spent $9,000 to repair damage to his foundation. He stated his concern over future property val ues. Mr. Moody asked when the damage to the home was discovered. Mr. Johnson stated last year. Mr. Randy Moresi, 7332 Plumwood Drive, came forward to speak. He stated he is not against the development of this property. He stated this is a very unusual piece of property, and water stands on it constantly. He asked if there was any consideration given to detention ponds on the south end of the project. Mr. Dickens stated the city did look at detention ponds on the property as one alternative to hand ling the 100-year storm. He stated the other alternative was the proposed solution that was determined hydraulically to handle the 100-year flood. He stated staff is not in the position to require or recommend which option the developer chooses. Mr. Moresi stated he did not think the Commission was trying to trick the neighborhood. He requested that the Commission do more work on this plat before a recommendation is made. Mr. Don Johnson, 7552 Starnes Road, came forward to speak. He asked what the side building line on the lot adjacent to him was. Mr. Husband stated the side building line is 20-feet. Mr. Johnson stated his building line is 25-feet. He asked how far from the curb the first house would be. Mr. Husband stated approximately 35-feet from the curb line. Mr. Johnson stated he would look out his window and would see a fence. Mr. Pence stated proposed lot 27 has a 20-foot building line on Starnes, and the fence could come out as far as that 20-foot building line. He stated the fence would be about 30-feet from the back of the curb. He asked if Mr. Johnson's house was on the 25-foot front building line. Mr. Johnson stated no, that the house was set back further than that. He stated he contacted the Corps of Engineers before anyone else. He stated the school has had structural problems. Ms. Kerri Toddy, 7329 Post Oak Drive, came forward to speak. She stated her concern over the drainage on the property. She requested that the Commission postpone this plat until the issues are worked out. PZ Minutes - Page 4 February 10, 1994 Mr. Bob Smith, 7509 Teakwood Court, came forward to speak. He stated Teakwood Court floods each time it rains. He stated his concern over the runoff from the property. Mr. Clinton Johnson appeared again before the Commission. He stated his concerns over future property val ues. Mr. Barfield stated he has built many houses and repaired many foundations. He stated the problem experienced by the homeowners is not unique to this area. He stated the soil condition in this area is known as the Woodbine formation, with migrating layers of sand and clay. He stated the clay expands from time to time. Mr. Barfield stated the pond is not serving as a detention pond. He stated he would like to see certain conditions added to the plat. He stated he wants to see the Corps report and the downstream drainage complete before the plat is filed. He stated the platting will allow the storm sewers in the adjacent properties to tie into a system and flow freely. Mr. Moody stated he owned a home that had similar problems due to a vacant lot next door. He stated the water problem was eliminate and a new home was built on the lot without any problems. He stated he believes that if the water problem is solved and the are is dewatered, it would improve the stability of the area. Mr. Wilson asked Mr. Dickens when the pond is drained, how often will the city inspect the property, and is the property developable if the pond is spring fed. Mr. Dickens stated the inspectors and an engineer will visit the site periodically as they drain the pond. He stated if the land will not dry out and they cannot put any fill in, they could not meet the compaction requirements for the street. He stated they normally try french drains first. He stated if it needs further work, specialists will be brought in to take a look at the situation. Mr. Wilson asked if it is possible that the project may not happen. Mr. Dickens stated that is always a possibility. Mr. Mark Kite, 7348 Plumwood Drive, came forward to speak. He stated the lake is spring fed. He stated the property stays wet for a long time after it rains. He asked how much fill will be placed on the property. Chairman Brock stated the city has certain criteria that each development has to meet. He stated the decisions of the Commission are based on the reports from city staff on whether the criteria have or can be met. Mr. Kite stated he was required to build his house 1-foot above the curb line. Mr. Dickens stated the current criteria calls for the finished floor to be one-foot above the curb at the center line of the lot. He stated if the owner does not want to do that, they are required to submit a grading plan, sealed by a Professional Engineer, that shows where the water flows. He stated the developer will be required to meet the natural grade at the rear of the property. Mr. Dickens stated the engi neer has shown fl umes at the rear of all properties to bri ng the water downstream into the storm sewer system. Mr. Barfield asked if the proposed street would be lower than the adjacent streets. Mr. Dickens stated the grading shown on the plans indicate that. PZ Minutes - Page 5 February 10, 1994 Mr. Washington stated the lots on the east side of Plumwood and the west side of Post Oak drain onto this property. He stated they will have to match the grade of Starnes and bring the street down as quickly as possible to match the grade level of the adjacent lots. Mr. Larry Armstrong, 7228 Plumwood Drive, came forward to speak. He stated if he was a developer and bought the property, he would develop it one way or another. He stated if Starnes Road could be built, houses could be built on this property . Mr. Mike Wantland appeared again before the Commission. He asked if all the comments have been met. Chairman Brock stated all engineering comments have been agreed to. Mr. Wantland asked if Corps of Engineers reports have been submitted yet. Mr. Dickens stated they have not received written responses from the Corps yet. Mr. Wantland stated the Commission should hold off on approval until this report is received. He stated his concern over future property values. Ms. Christina Johnson, 7345 Plumwood Drive, came forward to speak. She stated once the pond is drained, and if the property does not develop, an eyesore is created. She stated if it is a spring, the water will have to go somewhere when the pond is fi lied in. Mr. Clinton Johnson appeared again before the Commission. He stated some piers that have been poured have struck water. He stated his concern about the drainage on the property. Mr. Barfield stated there is no problem with the layout of the lots, the layout of the street, or the design of the subdivision. He stated they cannot deny the plat because it meets all the technical requirements of the city. He stated they should hold this plat until certain conditions are met. Mr. Barfield made the motion to approve PS 94-07 with the following additional requirements: subject to engineers comments, the Corps of Engineers decision concerning wetlands status be determined, the downstream storm sewer be in place before the subject property can be developed, and the storm sewers on the property be tied into the system to alleviate part of the water problem. The motion was seconded by Mr. Bowen, and the motion carried 4-2 with Mr. Barfield, Mr. Bowen, Mr. Miller, and Mr. Moody voting for; and Chairman Brock and Mr. Wilson voting against. 5. PS 94-08 Request of the City of North Richland Hills for a Replat of Lot 2, Block F, Richland Oaks Addition. This property is located at 8214 Grapevine Highway. Chairman Brock stated all engineering comments have been addressed. He stated his only question was why the setback lines are 30-feet. Mr. LeBaron stated staff will look into that before this replat goes to City Council. Mr. Moody made the motion to approve PS 94-08. The motion was seconded by Mr. Bowen, and the motion carried 6-0. PZ Minutes - Page 6 February 10, 1994 ZONING CASES Chairman Brock stated the Commission met with Ms. Fern Cagle and Ms. Sharon Gallion, the two applicants regarding the Personal Care Homes. He stated there were still a few items that needed to be submitted. He stated these two cases would be tabled until the next meeting. 5. PZ 94-02 Public Hearing to consider an amendment to the Zoning Ordinance No. 1874 regarding Contractor Shops and Garages. Chairman Brock opened the Public Hearing and called for those wishing to speak to come forward. Mr. LeBaron stated there are some inconsistencies between what exists in the city and what the Zoning Ordinance allows. Mr. Moody made the motion to table PZ 94-02. The motion was seconded by Mr. Barfield, and the motion carried 6-0. 6. PZ 94-03 Public Hearing to consider the request of Fern Cagle for a Special Use Permit for a Personal Care Home on Lots 1 A & 1 B, Block 1, Glenview Park Addition. This property is located at 4025 and 4027 Garden Park Drive. This item was tabled by the Commission. 7. PZ 94-04 Public Hearing to consider the request of Sharon Gallion for a Special Use Permit for a Personal Care Home on Lot 11, Block 3, Londonderry Addition. This property is located at 7917 Londonderry Drive. This item was tabled by the Commission. 8. PZ 94-05 Public Hearing to consider the request of Richland Hills Church of Christ for a Special Use Permit for a Tire & Battery Sales Store on Lot 3, Block 25, Snow Heights Addition. This property is located at 6850 NE Loop 820. Chairman Brock opened the Public Hearing and called for those wishing to speak to come forward at this time. Mr. Rich DeOtte, representing the Richland Hills Church of Christ, came forward to speak. He stated he would answer any questions the Commission has regarding this request. Chairman Brock stated they are aware of the special zoning conditions placed on this property by the City Council many years ago. Mr. Robert Muncie, 6905 Corona Drive, came forward to speak. He stated they have resided at this address for 22 years. He stated his opposition to the request. He stated h is concern was the noise that cou Id be generated from the proposed use. Mr. Moody asked how far from his property will the proposed building be located. Mr. Muncie stated the property is behind his house. Chairman Brock stated the developer will have to construct a masonry screening wall. PZ Minutes - Page 7 February 10, 1994 Mr. Muncie stated his main objection is noise. He stated he would rather see an office-type use. Mr. Gene Hicks, 6909 Corona Drive, came forward to speak. He stated he has lived in the city for 40 years. He stated the proposed use is not appropriate for the property. He stated he would rather see offices on the property. Mr. Bowen asked where the entrances to the work area was located on the building. He asked what the overhead door on the rear was for. Mr. Rusty Spiars, engineer for the project, came forward to speak. He stated the main entrance is on the front. He stated the requirements regarding screening have been met. He stated no work is performed outdoors. Mr. Bowen stated if the overhead door on the back is open, it will tunnel the noise right into the neighborhood. Mr. Spiars stated the purpose of the screening wall is to abate the noise. Mr. Wilson asked if there is a decibel level for noise in the C-1 and C-2 Commercial districts. Mr. LeBaron stated yes. Mr. Wilson stated he thinks the level is supposed to drop off at night. Mr. LeBaron stated the department has a decibel meter and can test and check decibel levels. Mr. Spiars stated they will comply with the ordinances and requirements of the city. Chairman Brock stated this item will go onto the Council on February 28th. There was general discussion regarding the masonry screening wall. Mr. Moody stated since this is a Special Use Permit, the Commission has the authority to require removing the rear door to mitigate the noise levels. He stated he did not know if this is feasible. Mr. Spiars stated he would have to consult with the architects on the project regarding removing the rear door. Mr. Bowen stated the door could be relocated to the side of the building on Vance Road. Mr. Spiars asked how the noise is monitored. Chairman Brock stated enforcement officers check the site periodically. Mr. DeOtte stated the threshold for noise could be based on existing NTW sites or similar sites. Mr. Pence stated the current ordinance allows 60 decibels on the A scale from 7 a.m. to 10 p.m., and from 10 p.m. to 7 a.m. the maximum allowed is 55 decibels. PZ Minutes - Page 8 February 10, 1994 Mr. Bowen stated he thought there were more restrictions on the property than there actually were. He stated he thought the intent of the Council was to allow offices and similar types of development. Mr. Wilson stated he is not sure whether this use can meet the decibel levels or not. Mr. Spiars asked where the decibel readings are taken. Mr. Husband stated at the property line. Mr. LeBaron stated the numbers mentioned in the ordinance, combined with experience with other sites, may indicate a problem with noise from this site. He stated the levels mentioned are not very high. Mr. Pence stated from some of the testing they have done, the persons at this meeting are probably speaking at 70 decibels. Chairman Brock stated this item could be tabled until the next meeting to look at the other NTW sites around the area. Mr. Barfield stated that staff should go out and test the site as it is now and set that as the level that must be met after the business goes in. He stated that way they are not increasing the amount of noise. Mr. DeOtte requested that the case be approved contingent upon those requirements and submitted to Council at the next meeting. There was general discussion regarding the zoning on the property. Ms. Jeanann Benefiel, 7000 Corona Drive, came forward to speak. She stated she can see this property from her front yard. She stated her concern about noise. Ms. Benefiel stated the pattern of development along the frontage road is offices with a residential character. She stated a tire store is inappropriate for the character and aesthetics of the area. She stated her concern over high traffic vol umes. She stated there are other areas better suited for this type of use. Mr. Charles Owen, representing the Church of Christ, came forward to speak. He stated this property was originally zoned multi-family. He stated they rezoned the property C-1 Commercial, and some restrictions were placed on the property. Mr. Owen stated a screening wall was required, and they were allowed certain types of uses on the property. He stated he has visited the NTW site in Irving. He stated NTW is regulated by the federal government on how much noise they can generate for the employees benefit. He requested the case be approved and submitted to Council. Ms. Benefiel appeared before the Commission again. She stated the area in Irving is a very commercial area that does not abut a residential area. She stated commercial development is not appropriate for this area. She stated she would prefer office type developments in that area. Mr. Spiars stated NTW would like to locate in North Richland Hills. He stated they knew the requirements before going in, and all the plans for the project are nearly complete. There being no one else wishing to speak, Chairman Brock closed the Public Heari ng. PZ Minutes - Page 9 February 10, 1994 9. PS 94-01 STAFF REPORT CITIZEN COMMENTS ADJOURNMENT Victor Baxter, Secretary Planning and Zoning Co Mr. Moody made the motion to deny PZ 94-05. The motion was seconded by Mr. Wilson, and the motion carried 4-2, with Mr. Moody, Mr. Wilson, Mr. Bowen, and Mr. Miller voting for denial, and Mr. Barfield and Chairman Brock voting against denial. Mr. Bowen stated the request did not comply with the spirit of what the Council wanted on this property. Chairman Brock stated the applicant has ten days to appeal the decision to the City Council. Continuation of the Public Hearing to consider amending the Subdivision Regulations Ordinance No. 1579 in its entirety. TABLED 1/27/94 Chairman Brock stated they discussed this item during the workshop and brought up some items that need further consideration and work. He stated they would like to look at those items before this is passed on to the Council. Mr. Barfield stated he would like to see a work session devoted entirely to these regulations. Mr. Wilson made the motion to table PS 94-01. The motion was seconded by Mr. Bowen, and the motion carried 6-0. Mr. LeBaron stated the City has received a letter regarding a 165-lot subdivision in Keller. He stated the area is north of Bursey Road near Londonderry. He stated a copy of the Public Works Department comments is included in the packet for informational purposes. Mr. LeBaron stated a calendar of meeting dates in included in the packet. None There being no further business, the meeting was adjourned.