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HomeMy WebLinkAboutPZ 1994-02-24 Minutes CALL TO ORDER ROLL CALL CONSIDERATION OF MINUTES OF FEBRUARY 10, 1994 PLATS AND SUBDIVISIONS 1. PS 94-06 MINUTES FOR THE REGULAR MEETING OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF NORTH RICH LAND HILLS, TEXAS February 24, 1994 - 7:30 p.m. The meeting was called to order by Acting-Chairman Victor Baxter at 7:30 p.m. PRESENT Acti ng-Chai rman Members Victor Baxter Don Bowen Fred Wilson Ron Lueck Wayne Moody Barry LeBaron Clayton Husband Gregory Arri ngton Kevin Miller David Barfield James Brock Paul Miller Director Plan/lnsp Planner Plans Examiner Asst. Public Works Dir ABSENT Mr. Wilson stated a correction needed to be made to the vote on PS 94-07 on page 5. He stated his vote should have been recorded as a "no" vote rather than an abstention. Mr. Moody made the motion to approve the minutes as corrected. The motion was seconded by Mr. Bowen, and the motion carried 3-0, with Mr. Lueck and Mr. Baxter abstaining due to absence at the previous meeting. Request of Quadrangle Development for Final Plat of Century Oaks Addition, Third Filing. This property is located at the southwest corner of Smithfield Road and Starnes Road. Mr. Walter Elliott, 1004 Euless Boulevard, Euless, came forward to speak. He stated he represents the owners of the property. He stated he has received the comments from the engineering department and are in the process of making necessary changes to the plat and construction plans. Mr. Ell iott requested an extension of time in regards to the three year time limit on final platting of property. Acting-Chairman Baxter asked if they have agreed to all engineering comments. Mr. Elliott stated yes. Mr. Wi Ison asked if the configuration has changed from the previous plat. Mr. Ell iott stated no. Mr. Bowen stated the zoning on the property is R-B Zero Lot Line. He asked if the developer was going to build zero lot line homes. Mr. Elliott stated no. He stated they will be similar homes that are built in the other sections. Mr. Bowen asked if the develop knew what size houses he intends to construct. PZ Minutes - Page 2 February 24, 1994 Mr. William Pasteur came forward to speak. He stated the City Council stipulated a 1,400 square foot minimum. He stated there is no market for zero lot line houses, and they will build traditional homes with standard side yards. Mr. Lueck asked if there are any advantages of the R-B district that the developer would use, or will the entire subdivision be R-3 type homes. Mr. Pasteur stated they do not intend to construct side or rear-entry garages. He stated some of the lots are smaller than the minimums in R-3. Mr. Lueck stated his concern is that if the development were to sell before it was complete, a future developer could construct R-B housing in the middle of traditional homes. Mr. Pasteur stated they intend to build an R-3 product and serve as a buffer between the commercial development and roads and the larger housing. Mr. Lueck stated his concern is the future problems that could arise from the zoning on the property and the proposed types of homes. Mr. Pasteur stated the property will be deed restricted. He asked what would be wrong with having a few zero lot lines mixed in with the other homes. Mr. Lueck stated there could be some concern when future homeowners are not aware of the differences between the zoning districts. Mr. Pasteur stated the lots are not practical for zero lot line homes. He stated the property has been zoned R-B for many years. Mr. Moody asked if the reason for not asking for a zoning change due to lot size. Mr. Pasteur stated yes. Acting-Chairman Baxter asked if this was actually developed as a zero lot line development would there be certain easements placed on the lots. Mr. LeBaron stated yes, an access easement would be added to one side of the lot. He stated this would avoid problems with the placement of houses on the common lot lines. Acting-Chairman Baxter asked if it were possible to place a minimum side yard on each of the lots. Mr. Pasteur asked what the normal side yard requirement was for the city. Mr. LeBaron stated six feet on both sides in R-3, and six feet and ten feet in R-1 and R-2. Mr. Lueck stated the problem lies within the past application of the R-B zoning. Mr. Wilson asked if it is legal to approve R-3 type homes in an R-B district. Mr. LeBaron stated that is more of a land use issue rather than a platting issue. He stated the problem came from the R-B district in that the district allowed both R-B and R-3 type homes to be built. PZ Minutes - Page 3 February 24, 1994 Mr. Wilson asked if the builders could build either one on this property. Mr. LeBaron stated that was the intent of the Council at that time. He stated the Council will not consider new applications for R-8 zoning at this time to avoid any future similar problems. Mr. Lueck made the motion to approve PS 94-06 with the following conditions: subject to engineer's comments; a 90-day extension of the three-year filing time period. Mr. Lueck also stated the Commission is concerned about the mixing of uses between the R-3 and R-8 zon i ng districts, and the abuses of usi ng the advantages of one district in the other district. The motion was seconded by Mr. Moody, and the motion carried 5-0. Mr. Bowen stated the Commission would like to see six foot side yards on all lots, but does not know if the Council can make that a requirement of the plat. ZONING CASES 2. PZ 94-02 Public Hearing to consider an amendment to the Zoning Ordinance No. 1874 regarding Contractor Offices with Shops and Garages. TABLED 2/10/94 Acting-Chairman Baxter stated there are other members of the Commission not present who would like to have input in this case. Mr. Moody made the motion to table PZ 94-02. The motion was seconded by Mr. Lueck, and the motion carried 5-0. 3. 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. TABLED 2/10/94 ACting-Chairman Baxter opened the Public Hearing and called for those wishing to speak to come forward at this time. Ms. Fern Cagle, 7532 Steward Lane, came forward to speak. She stated she has submitted all the required documentation to the City. She stated she has brought the number of persons down to twelve. She stated her concern over only being allowed 11 persons based on the square footage. Ms. Cagle stated the architect came up with fewer square feet than the tax records show. Mr. Bowen stated he has no problem leaving the number at twelve. He stated the actual figure comes out to eleven and a fraction. Mr. Lueck stated the Commission must formalize how fractional numbers are used when calculating the number of people per square foot. He stated they must decide on one square footage calculation to determine this number also. Mr. Wilson stated he would like to see fractional numbers rounded up. Mr. Lueck stated staff should look into setting an internal policy on rounding any fractional numbers. Acting-Chairman Baxter stated Ms. Cagle has worked closely with staff and the Commission regarding this issue. Mr. Wilson asked if the inspection report included in the packet is complete. PZ Minutes - Page 4 February 24, 1994 Mr. LeBaron stated yes. Mr. Lueck complimented Ms. Cagle on the work she has done with staff. Mr. LeBaron stated Ms. Cagle and Ms. Gallion have worked with staff over many months and helped the city get them to this point tonight. He thanked Ms. Cagle and Ms. Gallion for their work on this ordinance. There being no one else wishing to speak, Acting-Chairman Baxter closed the Public Heari ng. Mr. Lueck made the motion to approve PZ 94-03 subject to staff comments, and grant a maximum number of 12 persons in this home. The motion was seconded by Mr. Wilson, and the motion carried 5-0. 4. 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. TABLED 2/10/94 Acting-Chairman Baxter opened the Public Hearing and called for those wishing to speak to come forward at this time. Ms. Sharon Gallion, 7917 Londonderry Drive, came forward to speak. She stated she has submitted the required documents to staff. She stated the State is waiting for final approval from the city in order to grant her license. Mr. Wilson asked if the garage was enclosed when she purchased the house. Ms. Gallion stated the garage was almost completely enclosed when the house was purchased. She stated they have finished it out. Mr. Wilson asked if there was covered parking available. Ms. Gall ion stated yes. She stated they on Iy intend to have six residents at the house in the future. Mr. Wilson asked how many were currently in the home. Ms. Gallion stated four. She stated the State would allow ten, but they do not want that many. There being no one else wishing to speak, Acting-Chairman Baxter closed the Public Heari ng. Mr. Bowen made the motion to approve PZ 94-04 subject to staff comments, and a waiver of the garage enclosure requirement since it was a pre-existing condition. The motion was seconded by Mr. Wilson, and the motion carried 5-0. Mr. Lueck complimented Ms. Gallion on the work she put in to helping the Commission with this ordinance. PZ Minutes - Page 5 February 24, 1994 OLD BUSINESS 5. PS 94-01 STAFF REPORT CITIZEN COMMENTS ADJOURNMENT ~{1ÓL Victor Baxter, Secretary Planning and Zoning Commission Continuation of the Public Hearing to consider amending the Subdivision Regulations Ordinance No. 1579 in its entirety. TABLED 2/10/94 Mr. Wilson made the motion to table PS 94-01, and set up a workshop for the Commission on March 10, 1994 prior to the Commission's regular meeting. The motion was seconded by Mr. Moody, and the motion carried 5-0. None. None There being no further business, the meeting was adjour~;ed. Planning a