Loading...
HomeMy WebLinkAboutPZ 1993-09-23 Minutes CALL TO ORDER ROLL CALL CONSIDERATION OF MINUTES OF SEPTEMBER 2, 1993 PLATS AND SUBDIVISIONS 1. PS 93-24 MINUTES FOR THE REGULAR MEETING OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF NORTH RICH LAND HILLS, TEXAS September 23, 1993 - 7:30 p.m. The meeting was called to order by Chairman James Brock at 7:30 p.m. PRESENT Chairman Members James Brock Victor Baxter Ron Lueck Don Bowen Fred Wilson Wayne Moody Barry LeBaron Steve Pence David Barfield Paul Miller Director Plan/lnsp Building Official ABSENT Mr. Wilson made the motion to approve the minutes as written. The motion was seconded by Mr. Moody, and the motion carried 5-0, with Mr. Bowen abstaining due to absence at the previous meeting. Public Hearing to consider the request of John Volkman for Replat of Lots 9R-1 and 9R-2, Block 27, Holiday West Addition. This property is located at 5236 Cancun Drive. Chairman Brock opened the Public Hearing and called for those wishing to speak to come forward at this time. Mr. Louis Howell came forward to represent the owners. He stated they are combining two lots for a person who wants to build a 3,000 square foot home. Chairman Brock asked if they have agreed to all engineering comments. Mr. Howell stated yes. Mr. Bowen stated they still need to find the exact locations of the water and sewer services for those lots. Mr. LeBaron stated that staff would need that information before this plat would go to the City Council. Chairman Brock stated action can be taken tonight contingent upon that information being forwarded to the City. There being no one else wishing to speak, Chairman Brock closed the Public Hearing. PZ Minutes - Page 2 September 23, 1993 Mr. Lueck made the motion to approve PS 93-24 subject to the following stipulations: the applicant provide the city staff the location of the current water and sewer services, and the sidewalk requirement be waived for these lots. The motion was seconded by Mr. Wilson, and the motion carried 6-0. 2. PS 93-29 Request of Oak Hills Joint Venture for Replat of Lots 24R, and 25 through 29, Block 1 , Oak Hills Addition. This property is located at the northwest corner of Precinct Line Road and Amundson Drive. Mr. Doug Long, 1615 Precinct Line Road, Hurst, came forward to represent the owners and sellers. He stated he would answer any questions the Commission might have. He stated he has addressed all engineering comments. Mr. Bowen asked if Mr. Long was requesting a waiver of the masonry screening wall. Mr. Long stated there is no masonry wall at the surrounding subdivisions, and the developer would like to put in brick columns with a wood fence between them to blend in with the surrounding neighborhood. He stated if the Council denies that request, the developer would abide by the ordinance. Mr. Lueck stated there is a masonry wall across the street on Precinct Line Road. Mr. Long stated that wall would be removed with the widening of the street. Mr. Lueck stated the wall would have to be rebuilt. Mr. Wilson asked where the brick column/wood fence he mentioned was located. Mr. Long stated it is to the north of the property. He stated the masonry wall is to the south in the office complex. He stated Nob Hill has a large masonry wall. Chairman Brock stated the Council has been adamant about masonry screening walls along major thoroughfares such as Precinct Line Road. Chairman Brock stated it might be possible to build a masonry wall along Precinct Line but put brick columns and wood fence along Amundson Drive. Mr. Lueck stated the Council could waive that requirement. Mr. Bowen made the motion to approve PS 93-29 subject to engineer's comments. The motion was seconded by Mr. Lueck, and the motion carried 6-0. 3. PS 93-30 Request of Wes Bannister for Final Plat of Lot 1, Block 1, Bannister Estates. This property is located on the west side of Eden Road, north of Ashcraft Drive. Mr. Bannister, 749 Aspen Court, Hurst, came forward to speak. He stated he has agreed to all engineering comments. Mr. Moody made the motion to approve PS 93-30. The motion was seconded by Mr. Baxter Mr. Darryl Perry, of Washington Associates, came forward to speak. He asked if the covenant for the wall, street and sidewalks was incorporated into the motion. Chairman Brock stated that is the recommendation of the Commission. The motion carried 6-0. PZ Minutes - Page 3 September 23, 1993 ZONING CASES 4. PZ 93-13 Public Hearing to consider the request of MetroCel Cellular Telephone Company for a Special Use Permit for a Cellular Communications Facility on a portion of Lot 1, Block 3, Tapp Addition. This property is located at the northwest corner of Rufe Snow Drive and Hilltop Drive. Chairman Brock opened the Public Hearing and called for those wishing to speak to come forward at this time. Mr. Doug Athas, of MetroCel, 17300 North Dallas Parkway, Dallas, came forward to speak. He stated this tower is needed to continue coverage in this portion of North Richland Hills. He stated there are not enough facilities in this area to handle the cellular phone traffic. Mr. Athas stated the tower would be located in the back corner of Hilltop Square. He stated the power line poles are taller than the proposed tower. He stated this use fits into the industrial nature of the area. There being no one else wishing to speak, Chairman Brock closed the Public Hearing. Mr. Baxter asked what type of eight-foot security fence is proposed. Mr. Athas stated it would be chain link with barbed wire on top. Mr. Baxter asked what provisions have been made for removal of the tower when the lease expires. Mr. Athas stated one of the conditions of the lease is that they remove the tower when the lease is terminated. He stated they project the use of this tower to be 30 years or longer, but the tower would be removed if the lease is terminated. Mr. Wilson asked if the tower meets all other federal regulations regarding this type of use. Mr. Athas stated yes. He stated it is a monopole antenna, with a platform at the top. Mr. Lueck asked what is at the top of the pole. Mr. Athas stated it is a triangular platform with antennas on each side of the triangle. Mr. Lueck asked if there has been any interference with other types of radio waves. Mr. Athas stated the spectrum is assigned by the Federal Communications Commission and is unique to MetroCel. Mr. Bowen made the motion to approve PZ 93-13. The motion was seconded by Mr. Moody, and the motion carried 6-0. PZ Minutes - Page 4 September 23, 1993 5. PZ 93-17 Public Hearing to consider the request of Quadrangle Development to rezone a 0.741 acre portion of Tract 5, W. Cox Survey, Abstract 321, from its present zoning classification of C-1 Commercial to R-8 Zero Lot Line Single Family Residential. This property is located at the southwest corner of Smithfield Road and Starnes Road. Chairman Brock opened the Public Hearing and called for those wishing to speak to come forward at this time. Mr. Walter Elliott, Elliott and Hughes, 1001 West Euless Boulevard, Euless, came forward to speak. He stated he is representing Mr. Bill Pasteur and Mr. J.B. Sandlin in this request. He stated in May 1990 they appeared for Preliminary Plat approval, and the area under consideration is a part of the area that was preliminary platted. Mr. Elliott stated most of the lots in the first phase have been sold, and would like to develop the rest. He stated the zoning change is needed in order to make some the residential lots 115-deep instead of 100-feet deep. Chairman Brock stated they already have the zoning, they just want to change a portion make some lots bigger. Mr. Elliott stated that is correct. He stated they would use the extra width to make all the lots on the northwest portion deeper. Mr. Lueck asked if the number of lots increased. Mr. Elliott stated no. He stated the lot size would be 8,300 square feet. There being no one else wishing to speak, Chairman Brock closed the Public Hearing. Mr. Bowen made the motion to approve PZ 93-17. The motion was seconded by Mr. Lueck, and the motion carried 5-0. 6. PZ 93-18 Public Hearing to consider an amendment to the Zoning Ordinance No. 1874 regarding Personal Care Homes. Chairman Brock opened the Public Hearing and called for those wishing to speak to come forward at this time. Ms. Fern Cagle came forward to speak. She stated she has not had much time to prepare after reading the proposed ordinance. She stated the State does not stipulate a person per square foot. She stated she is licensed for fourteen people by the state. Chairman Brock asked how large her home was. Ms. Cagle stated 3,000 square feet. She stated the proposed ordinance would only allow her twelve. Mr. Baxter asked how many are in the home currently. Ms. Cagle stated there are twelve. She stated the number could float up or down. She stated another point she is in disagreement with is the 1/2-mile distance between each home. She stated you may not know if there is one within that distance or not. Chairman Brock asked who certifies these homes. PZ Minutes - Page 5 September 23, 1993 Ms. Cagle stated an organization called NARCH. She stated another point involves the general criteria section and the pu rpose of the ordinance. Mr. LeBaron stated that few other cities have done this type of ordinance. He stated one of the concerns was that housing for the elderly was all right, but they wanted to keep the type of use limited to personal care facilities. He stated they chose that language to keep it primarily an elderly facility. Ms. Cagle stated they work with nursing agencies quite a bit and give some residents therapy after strokes. She stated she does not want that definition to interfere with that type of activity. Mr. Bowen asked if any of the personal care facilities have residents that are not elderly. Ms. Cagle stated she has had calls from younger people who have had strokes and needed care. Mr. Baxter asked if she needs a good definition of what ambulatory means. Ms. Cagle stated she needs to know what type of patients she may have in the home. She stated she would like to get a group together to offer changes to the Commission. Chairman Brock asked what other points she is having trouble with. Ms. Cagle stated they have to do structural modifications from time to time. Chairman Brock stated they are trying to avoid continual add-ons to the house more than minor changes to keep it from looking like a nursing home. Ms. Cagle asked about garage enclosures. Chairman Brock stated they are currently not allowed. Ms. Cagle stated she would rather see them enclosed rather than used for storage. Mr. Bowen stated if the garage is enclosed, it would change the nature of that particular house in relation to the others in the area. He stated the zoning ordinance requires two covered parking spaces, and even enclosing the garage may require Board of Adjustment approval. Mr. LeBaron stated that is true unless they are providing the required covered parking on the lot. Mr. Lueck stated the point was to keep from adding square footage to the house and increasing the number of individuals living there. Mr. Baxter stated enclosing the garage would hinder the amount of parking for the house, and parking is already a problem in a lot of areas due to garage enclosures. Ms. Cagle asked if there have been any complaints about parking. PZ Minutes - Page 6 September 23, 1993 Mr. LeBaron stated they have had some complaints about parking in the past. He stated the complaint was that there was a larger number of cars parked there than at other places in the neighborhood. Chairman Brock asked what the maximum number of cars could be at the house at one time. Ms. Cagle stated she could have four cars in the driveways at her house off Glenview. She stated some of her employees park in the garage, but she is uncomfortable with cars being in the garage. Chairman Brock asked why she is uncomfortable with cars being in the garage. Ms. Cagle is afraid that it would be a fire hazard. She stated she also has problems with the definition of Personal Care Home. She stated they are staying in a non-medical situation as much as possible. Mr. LeBaron stated that definition came straight from the Personal Care Facility Licensing Act as passed by the State Legislature. Ms. Cagle stated the State figures the amount per person differently than the ordinance states. There was general discussion regarding garage enclosures. Chairman Brock stated the existing homes may not be a problem, but the intent is to plan for any future homes that may open. Ms. Cagle asked how long they would be given to comply with any regulations they are not in compliance with. She stated the State gives them one year to comply with new regulations. Mr. LeBaron stated the way the process is being proposed, most of the regulations would be considered when the applicant came forward with a Special Use Permit request. He stated each one would be looked at a little differently. Mr. Bowen stated the way it is written, it is defined for the elderly. Chairman Brock stated that 80-percent of the occupants could be elderly to give some flexibility in borderline occupants. He stated these comments would be forwarded to staff to revise the ordinance accordingly. There being no one else wishing to speak, Chairman Brock closed the Public Hearing. There was general discussion regarding the timing of when this ordinance would be approved. Mr. LeBaron stated this ordinance would not go before City Council until some time in November. Ms. Baxter stated that would be when the ordinance would be in place, but the applicant would have to come back and apply for a Special Use Permit, which would require an additional month. PZ Minutes - Page 7 September 23, 1993 7. PZ 93-19 8. PZ 93-20 STAFF REPORT CITIZEN COMMENTS ADJOURNMENT il ð{j}_l<~ Don Bowen, Secretary Planning and Zoning Commission Mr. Lueck stated that this type of activity is needed. He stated he wants the city to do the ordinance right the first time so that there are no neighborhood complaints. He stated he is trying to keep this activity from becoming a problem. Mr. Moody made the motion to table PZ 93-18. The motion was seconded by Mr. Bowen, and the motion carried 6-0. Public Hearing to consider an amendment to the Zoning Ordinance No. 1874 regarding Family Homes for the Mentally Retarded. Chairman Brock stated this item is related to the Personal Care Home ordinance and should probably be tabled so that both can be considered together. Mr. Moody made the motion to table PZ 93-19. The motion was seconded by Mr. Bowen, and the motion carried 6-0. Public Hearing to consider an amendment to the Zoning Ordinance No. 1874 regarding the Landscaping Regulations. 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. Bowen stated he thinks they are ready to send this to City Council. Mr. Lueck made the motion to approve PZ 93-20. The motion was seconded by Mr. Moody, and the motion carried 5-1, with Chairman Brock, Mr. Baxter, Mr. Lueck, Mr. Bowen, and Mr. Moody voting for, and Mr. Wilson voting against. None. None. There being no further business, the meeting was adjourned.