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HomeMy WebLinkAboutPZ 1993-02-11 Minutes CALL TO ORDER ROLL CALL MINUTES OF THE REGULAR MEETING OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF NORTH RICHLAND HILLS, TEXAS February 11, 1993 - 7:30 p.m. The meeting was called to order by Chairman James Brock at 7:30 p.m. PRESENT Chairman Vice-Chairman Members James Brock David Barfield Victor Baxter Don Bowen Ron Lueck Wayne Moody Fred Wilson Barry LeBaron Steve Pence Clayton Husband Paul Miller Dir Ptanllnsp Building Official PZ Coordinator ABSENT CONSIDERA TIOH OF MINUTES OF JANUARY 28, 1993 1. PS 92-09 2. PS 93-01 Mr. Bowen stated he is incorrectly listed as present at the previous meeting. Mr. Moody made the motion to approve the minutes as amended. The motion was seconded by Mr. Baxter, and the motion carried 5-0. Request of Conoco, Inc. .for a Replat of Lots 1 and 2, Block B, and Lot 1 R, Block B, Richland Oaks Addition. This property is located at the southeast corner of State Highway 121 and Bedford-Euless Road. Mr. Don Peebles, Peebles and Associates, 1616 Knoxville, Bedford, came forward to speak. He stated he was here to answer any questions the Commission might have concerning the plat. Chairman Brock asked if they had agreed to all the engineering comments. He asked if they have requested a waiver of the utility easement on the north side ·of the property. Mr. Peebles stated that is correct. Mr. Barfield made the motion to approve PS 92-09 as presented. The motion was seconded by Mr. Lueck, and the motion carried 7-0. Public Hearing to consider revisions to the Master Thoroughfare Plan regarding Green Valley Drive. Mr. LeBaron stated that over the past year the City Council has reviewed and approved two subdivision plats along Green VaHey Drive. He stated that during the review of these plats, the Council required the dedication of additional right-ot-way tor the eventual widening ot Green Valley Drive from a residential street to a minor collector street. He stated the Council fett the additional right-of-way would help the school situation at the corner of Smithfield and Green Valley. Mr. LeBaron stated as a result, they are holding hearings to place Green Valley Drive on the Master Thoroughfare Plan. He stated the way it will impact property PZ Minutes - Page 2 11 February 93 owners is when the property is developed, any additional right-of-way required will be dedicated to the City. Chairman Brock opened the Public Hearing and called for those wishing to speak to come forward at this time. Mr. Bobby Austin, 7904 Green Valley Drive, came forward to speak. He asked will the city buy the land it takes ~r will it condemn it. Mr. LeBaron stated the City does not have any immediate plans to widen Green Valley Drive. He stated if the property is ever subdivided and developed, the developer would be required tQ dedicate the extra right- of-way. He stated if in the future the City decides to construct the road, the city would have to purchase additional right-of-way from any property owners who did not dedicate it. Mr. Austin asked if the land would be purchased at fair market value. Mr. LeBaron stated yes. Mr. Austin asked if they would be required to pay for curbs and gutters. Mr. LeBaron stated there would be an assessment to those properties if the street is constructed at the City's expense. He stated if the street is constructed on an incremental basis by developers, those would already be paid for. Mr. Austin stated that it would seem more logical to continue Bursey Road and use it as the collector. Mr. LeBaron stated it is already designated as a C4U Collector. Mr. Austin asked if there were plans to extend Bursey Road. Chairman Brock stated it is on the thoroughfare plan to make it a four- lane road. Mr. B.C. Golden, 7924 Green Valley Drive, came forward to speak. He asked if there is a possibility of donating the right-of-way in lieu of paying for curb and gutter. Mr. LeBaron stated he was not sure of what the policies were concerning that issue. Jerome Taylor, 7801 Clover Leaf Drive, came forward to speak. He stated he lives at the corner of Clover Leaf and Green Valley. He asked what the width of Green Valley would be after it is widened. Mr. LeBaron stated it would be classified as a C2U roadway, with 40-feet of pavement. Mr. Taylor stated he had donated property for sidewalks for children to walk to school. He stated there is an extensive bar ditch along Green Valley. He asked what would happen to the bar ditch. Mr. LeBaron stated that when Ember Oaks was platted, additional right- of-way was dedicated for a wider road. He stated it will not affect the PZ Minutes - Page 3 11 February 93 fence lines that currently exist. He stated the bar ditch would be consumed by the new road. Mr. Winston Dollohon, 7916 Ember Oaks Drive, came forward to speak. He asked it the additio.nal right-of-way would be taken evenly off of both sides of the road. Mr. LeBaron stated the initial plans would require five feet off of each side. He stated there may be some segments that are taken unevenly in order to connect the street as a straight line. He stated there may be a slight curve in the road to make it work. Mr. Taylor came forward again. He stated he has observed a survey crew out there. He asked what they were doing. Mr. LeBaron stated he can look into that and find out. He stated that when the Bridlewood plat was brought before .Council, the engineer was asked to go out and determine about where those curves could take place. Mr. Taylor asked for someone to come out to his house and explain what is going on. He stated he can show you what is happening. Mr. David Stroud, 7936 Green Valley Drive, came forward to speak. He asked why the Ember Oaks subdivision developer did not curb and gutter and improve Green Valley along their subdivision. Mr. LeBaron stated they probably signed a covenant to widen the roadway in the future since the section was such a small portion of the road at that time. Mr. Stroud asked how close his house could be from the street. He stated he was planning to add on to his house in the front. He stated his house is about sixty feet from the street. Mr. LeBaron stated there is no zoning district that requires a front setback that large. He stated it would be a góod idea to check with the City when the plans are put together to make sure and to get the necessary permits. Mr. Bowen stated that Ember Oaks probably escrowed funds for the widening of the road since the property has been sold. There being no one else wishing to speak, Chairman Brock closed the Public Hearing. Mr. Wilson asked if the sidewalk situation between the Bridlewood developer and the Birdville ISO was worked out. Mr. LeBaron stated he believes that they are going to put in a sidewalk. Mr. Bowen made the motion to approve PS 93-01. The motion was seconded by Mr. Barfield, and the motion carried 7-0. 3. PZ 93-01 Public Hearing to consider an amendment to the Zoning Ordinance No. 1080 regarding voting requirements. PZ Minutes - Page 4 11 February 93 Chairman Brock stated that this item will bring the Ordinance into conformance with state statutes. Chairman Brock opened the Public Hearing and called for those wishing to speak to come forward at this time. There being no one wishing to speak, Chairman Brock closed the Public Hearing. Mr. Lueck made the motion to approve PZ 93-01. The motion was seconded by Mr. Moody, and the motion carried 7-0. 4. PZ 93-02 Public Hearing to consider the request of Michael McDaniel for a Special Use Permit for a Farmer1s Market on Lot 18C, Block 18, Clearview Addition. This property is located at 5102 Davis Boulevard. Chairman Brock opened the Public Hearing and called for those wishing to speak in favor of this request to come forward at this time. Mr. Michael McDaniel, Topper Drive, came forward to speak. He stated they are proposing to sell fresh vegetables and some seasonal items. He stated. this is a business needed in the area. He stated he would be glad to answer any questions the Commission might have. Mr. Bowen asked what type of seasonal sales. Mr. McDaniel ~tated vegetables that are in season. He stated he would sell pumpkins at Halloween and trees at Christmas. Mr. Bowen asked Mr. Pence about outdoor sales. ·Mr. Pence stated that in this zoning district outdoor sales are only allowed once per year for thirty days. He stated that was one of the problems with the current tenant. Mr. McDaniel stated the reason for his applying for the permit was to enclose the existing canopy and keep tables in that area. He stated he understood that there were two times for outdoor sales. Mr. Pence stated there is only one, but Christmas trees fall under a separate provision. Mr. Barfield stated they are trying to determine the difference between a produce stand and a farmers market. He stated a farmers market is a conglomeration of several sellers and a produce stand is only one seller. Mr. Barfield asked how many vendors there would be. Mr. McDaniel stated he would be the only vendor. Mr. Wilson asked if there were any plans to patch the parking lot in front of the building. Mr. McDaniel stated yes. Mr. Bowen asked if he could screen the area under the canopy in with wire. Mr. Pence stated not under the current ordinance. He stated the exterior walls must meet the masonry requirement. PZ Minutes - Page 5 11 February 93 There being no one else wishing to speak in favor of the request, Chairman Brock called for those wishing to speak against the request to come forward at this time. Mr. Victor Juarez, 5117 Gibbons Drive, came forward to speak. He stated he is representing several neighbors in the area. He stated this type of activity in this location has always been uncontrolled. He stated his concerns about noise, trucks, and generators. He presented a letter to the Commission asking for a screening fence between the properties. Chairman Brock asked if there was already a fence there. Mr. Juarez stated it is the resident's fence, not a commercial type fence. He stated they are asking for a screening fence. He stated they want a fence like the other properties along Davis Boulevard. Mr. Moody asked if the fence behind the property is stoCkade or chain link. Mr. Juarez stated stockade. He stated he has outlined the concerns of the neighbors in the letter. He stated there have been public address systems used on the property. Mr. Moody asked how far it was from his fence to the building. Mr. Juarez stated about forty feet. Chairman Brock asked Mr. McDaniel if he plans to bring trucks in at night. Mr. McDaniel stated there will be no trucks loading or unloading after 7:00 p.m. or earlier than 7:30 or 8:00 a.m. ' Chairman Brock asked if he plans to have any outdoor generators. Mr. McDaniel stated they have no plans for a generator. He stated they do plan for a free-standing walk-in cooler, but it will not be run by a generator. Chairman Brock asked if there would be a public address system, bells, or horns. Mr. McDaniel stated he has no interest in such things. He stated he has been a resident of the community for many years and would not do anything to alienate his neighbors. Mr. Baxter asked about storage behind the building. Mr. McDaniel stated he may bring one or two storage buildings onto the property in the future. Mr. Wilson asked if he would have any problem sharing in the cost of the fencing along the back of the property. Mr. McDaniel stated he would be willing to work with the neighbors. He stated there is a six-foot stockade fence there that appears to be in good PZ Minutes - Page 6 11 February 93 shape. Mr. Baxter asked what the current code says about screening fences. Mr. LeBaron stated that the current fence meets the city's requirements. He stated if there was not a fence there, it would be incumbent upon the commercial property to put up the fence. He stated he would discourage putting up a second fence because it could become a high grass and weed problem that no one can get to. Mr. Baxter stated they could put a twenty-foot landscaped buffer between the business and the residential property. He stated they could plant some shrubs that would serve as a visual buffer and noise barrier. Mr. McDaniel stated they would have to be six feet tall before they could accomplish anything the fence does not. Mr. Barfield stated the property is already zoned C-2 commercial, and everything the property owners are objecting to is already covered by the ordinance. Mr. Lueck stated th~re are also ordinances relating to noise. Mr. McDaniel stated he is asking to use the covered canopy area outside the building for display and sales. Mr. Barfield stated the two times he wants outdoor sales is already covered. He stated the question is whether he can display his good underneath the canopy. He stated there would be a need for a screening fence in the area. Mr. Juarez came forward again. He stated there are several areas along Davis Boulevard where two fences are together. He stated he does not understand· the comment. Mr. LeBaron stated there ·are many areas that do not work. Mr. Juarez stated that several of the businesses have put up a screening fence. Mr. Lueck stated that they did not require them to put up those fences. Mr. Juarez asked if that was part of the ordinance. Mr. Bowen stated that the ordinance requires a screening fence, and one is there. Mr. Juarez stated there is a need for a comm~rcial privacy fence. There being no one else wishing to speak, Chairman Brock closed the Public Hearing. Mr. Moody stated that this property is already zoned commercial. Mr. Barfield stated that this will probably not be the final use of this property. He stated it is located near the end of a proposed ramp for the interstate. He stated that right now it would generate some revenue for PZ Minutes - Page 7 11 February 93 STAFF REPORT CITIZEN COMMENTS ADJOURNMENT ~ æ~C¿'~ Secretary Don Bowen Planning and Zoning Commission the city, and there is a need for that type of activity in the city. Mr. Moody made the motion to approve PZ 93-02 subject to the agreements reached regarding noise, trucks and public address systems as outlined in the minutes of this meeting. The motion was seconded by Mr. Bowen. Mr. Barfield offered an amendment to the motion that Mr. McDaniel be allowed to put up a security fence around the canopy to protect the product, and that he be allowed to display those items outside the confines of the b~ilding. Mr. Barfield stated that if the ordinance concerning the fence differs from what actually exists, that the fence be brought up to standards. Mr. Moody accepted the amendments to the motion. The amended motion was seconded by Mr. Lueck, and the motion carried 7-0. Mr. LeBaron stated that every one received a copy of the draft zoning ordinance amendments. He stated that a Public Hearing will be scheduled for March 11th. He asked the Commission that any comments or additions be forwarded to him before the ordinance goes before a hearing. He stated he has provided a summary of draft bills proposed before the stated Legislature, and that more detailed copies can be obtained from him. Mr. LeBaron stated that the Midwest Section of the American Planning Association hosting a meeting with a city planner from the former Soviet Union, and they will discuss principles, concepts, and ideas from that country. He stated it will be at 7:00 on March 8th, at the Stockyards Hotel. None. There being no further business, the meeting was adjourned.