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HomeMy WebLinkAboutPZ 1993-10-28 Minutes CALL TO ORDER ROLL CALL CONSIDERATION OF MINUTES OF SEPTEMBER 23, 1993 PLATS AND SUBDIVISIONS 1. PS 93-33 MINUTES FOR THE REGULAR MEETING OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF NORTH RICHLAND HillS, TEXAS October 28, 1993 - 7:30 p.m. The meeting was called to order by Vice-Chairman David Barfield at 7:30 p.m. PRESENT Vice- Chairman Members David Barfield Paul Miller Ron Lueck Don Bowen Fred Wilson Wayne Moody Barry LeBaron Steve Pence Clayton Husband Victor Baxter James Brock Director Plan/lnsp Building Official PZ Coordinator ABSENT Mr. Lueck made the motion to approve the minutes as written. The motion was seconded by Mr. Moody, and the motion carried 4-0, with Mr. Barfield and Mr. Miller abstaining due to absence at the previous meeting. Request of Robert McCauley and Vicki Thornton for Final Plat of Lots 4 and 5, Block 2, Walker Branch Addition. This property is located on the west side of Grapevine Highway, across from TCJC Northeast Campus. Mr. LeBaron stated this is a two lot subdivision in an Outdoor Commercial zoning district. Mr. Darryl Perry came forward to speak. He stated the applicant has agreed to all plat comments. He stated the owner would like to have the future sidewalk improvements along Grapevine Highway included in a covenant. Mr. Wilson asked if the new water park would have sidewalks installed. Mr. LeBaron stated he did not know. He stated he was unsure of how far along they are with the planning for that park. Vice-Chairman Barfield asked if there were sidewalks along the driving range property. Mr. LeBaron stated no. He stated they may have done a covenant in that location. Mr. Wilson stated his concern would be the number of kids at the water park. He stated he would like to see the sidewalks installed at the same time the parks sidewalks were installed. Vice-Chairman Barfield asked if the owner was willing to put in sidewalks at the same time the city does. PZ Minutes - Page 2 October 28, 1993 Mr. Perry stated that is possible. Mr. LeBaron stated the covenant would be executed to help the city recover some of the costs of installing sidewalks if they were ever put in. He stated he is unsure as to how that would affect a state road like Grapevine Highway. Vice-Chairman Barfield asked if it were necessary to have the sidewalks installed at this time. Mr. Wilson stated they are needed to handle the foot traffic from this site to the park. Mr. Perry stated there is a sizable parking lot proposed on the site. Mr. Wilson made the motion to approve PS 93-33 subject to engineer's comments, and subject to a covenant for future sidewalk improvements along Grapevine Highway, and such sidewalks to be installed when Grapevine Highway is improved or when the city installs sidewalks at the water park. The motion was seconded by Mr. Lueck, and the motion carried 6-0. 2. PS 93-24 Public Hearing to consider the request of Resolution Trust Corporation for Replat of Lot 11 R, Block 1, Fox Hollow Addition. This property is located at 6309 Christy Cou rt. Vice-Chairman Barfield opened the Public Hearing and called for those wishing to speak to come forward at this time. Mr. Charles Hooks, of Bransom Surveyors, came forward to speak. He stated he was representing the owners of the property. Mr. LeBaron stated this is a duplex lot being replatted to accommodate the request of the owner. There being no one else wishing to speak, Vice-Chairman Barfield closed the Public Hearing. Mr. Moody made the motion to approve PS 93-26. The motion was seconded by Mr. Lueck, and the motion carried 6-0. 3. PS 93-32 Request of Rostland Texas for Final Plat of Meadow Lakes Addition, Phase VI. This property is located in the 6200 block of Skylark Circle. 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. Vice-Chairman Barfield asked if all the engineering comments have been addressed. Mr. LeBaron stated yes. Vice-Chairman Barfield stated there was some discussion about allowing a fence in a flood plain. Mr. LeBaron stated it is not really a platting issue, but is one that the Commission PZ Minutes - Page 3 October 28, 1993 needs to be aware of. He stated the rear property line of some lots are in a flood plain. He stated since they are building wrought iron fences, it should not be a problem. Mr. LeBaron stated the flood plain is for ponding water rather than moving water. Vice-Chairman Barfield stated there would be enough openings to allow water to pass through. Mr. Lueck asked how they can be sure that this type of fence is built. Mr. LeBaron stated the Zoning Regulations exempt some properties along Iron Horse golf course to allow a wrought iron fence. He stated the deed restrictions in the area require such a fence. He stated there is no need to tie that issue to the plat. Mr. Long stated the intent of the developer is to leave the view open onto the golf course. Mr. Wilson made the motion to approve PS 93-32 subject to any engineering comments. The motion was seconded by Mr. Bowen, and the motion carried 6-0. 4. PZ 93-21 Public Hearing to consider the request of James R. Harris Company to rezone Tracts 2A, 2A 1, 2A2, and 2C; Thomas Peck Survey, Abstract 1210 from their present zoning classification of AG Agriculture to R-2 Single Family Residential. Vice-Chairman Barfield opened the Public Hearing and called for those wishing to speak in favor of the request to come forward at this time. Mr. Timothy J. Welch, with the firm Carter & Burgess, came forward to represent the owner. He stated he would answer any questions the Commission might have. Vice-Chairman Barfield called for those wishing to speak in opposition to the request to come forward at this time. Mr. Malcolm Brown, residence on Franklin Court, came forward to speak. He stated he would like to see a map of the property. He stated some people were never notified of this case. There was general discussion about the area under the zoning change. Vice-Chairman Barfield stated that this request is consistent with the Comprehensive Land Use Plan, and that the only area under consideration for rezoning is the area that was applied for. Mr. Brown stated his opposition to the request. Vice-Chairman Barfield asked why he was opposed to residential zoning. Mr. Brown stated he was told several years ago that the city was going to squeeze the people out of the trailer park. He stated he was told it would be a park. He asked what prevents the developer from running a street into the property. Vice-Chairman Barfield stated the plat does not show any streets going into that area. PZ Minutes - Page 4 October 28, 1993 There being no one else wishing to speak, Vice-Chairman Barfield closed the Public Hearing. Mr. Bowen stated they have a list of the property owners that were notified. He stated only certain property owners are legally required to be notified of zoning changes. Mr. Bowen made the motion to approve PZ 93-21. The motion was seconded by Mr. Moody, and the motion carried 6-0. 5. PS 93-34 Request of James R. Harris Company for Preliminary Plat of Shady Oaks Addition, Phase 2. This property is located on the north side of North Tarrant Parkway, approximately 1200 feet west of Castle Creek Road. Vice-Chairman Barfield those people who wish to view the proposed plat to come forward. There was general discussion about the proposed development. Mr. James Harris, 6300 Ridglea Place, Fort Worth, came forward to speak. He stated he has discussed this plat with the people that were opposed to the development and believes they are satisfied. Mr. Bowen stated that staff has some concern over the name of the subdivision. Mr. Harris stated they would like to use the name Shady Oaks Phase 2, but he will talk with the engineers to work something out. Mr. LeBaron stated that the name is very good, but the original Shady Oaks was built under two phases. He stated the as-built construction plans are labeled Phase 1 and Phase 2. He stated they wanted to avoid any confusion between the two plats. Mr. Lueck made the motion to approve PS 93-34 subject to engineer's comments. The motion was seconded by Mr. Bowen, and the motion carried 6-0. 6. PS 93-35 Request of J.B. Johnston for Preliminary Plat of Iron Horse Estates. This property is located north of NE Loop 820 on the west side of Iron Horse Golf Course. Mr. LeBaron stated this property is being platted in two phases. He stated the developer will be extending Browning Drive into the area. He stated there are some questions about tying down the right-of-way of Browning Drive from where it dead-ends in the city. Vice-Chairman Barfield asked about the land trades that will occur. Mr. LeBaron stated when the city bought the golf course property, the configuration was very unusual. He stated in order to straighten up some of the property boundaries, the city and developer are undergoing several land trades. He stated the plat is subject to the land trades, but developer is requesting the Commission's input regarding the layout of the property. He stated if the Commission approves the plat, the land trades will occur before the final plat is brought back. Mr. Delbert Stembridge, 6630 Parkview Drive, came forward to speak. He stated he would answer any questions regarding the plat. PZ Minutes - Page 5 October 28, 1993 Vice-Chairman Barfield asked if Mr. Stembridge was aware of the property that was located in between the existing dedicated right-of-way. Mr. Stembridge stated they have the documentation that the right-of-way has been dedicated. Mr. LeBaron asked if they have looked at the street names. Mr. Stembridge stated they will change the street names if necessary. Mr. LeBaron stated staff suggested changing Fairway Drive because a Fairway Court already exists in the Meadow Lakes area. Mr. Wilson asked if the drainage easement will be concrete. Mr. Stembridge stated it will be an earthen channel. Mr. Wilson asked if there will be a bridge there. Mr. Stembridge stated yes. Vice-Chairman Barfield asked if it would be a bridge or a box culvert. Mr. Stembridge stated he was unsure, but it would carry a 1 DO-year storm. Vice-Chairman Barfield stated a bridge would also be built on Browning Drive. Mr. Lueck made the motion to approve PS 93-35 subject to engineering comments, and subject to clearing up the right-of-way issue on Browning Drive. The motion was seconded by Mr. Wilson, and the motion carried 6-0. 7. PS 93-36 Request of Jim Meara for Abandonment of North 820 Commercial Addition. This property is generally located at the southwest corner of Rufe Snow Drive and NE Loop 820. Mr. Jim Meara, 8344 East RL Thornton Freeway, Dallas, came forward to speak. He stated he was representing Snow-Tarrant 19 JV as managing partner, and was here to answer any questions the Commission might have. Mr. Wilson asked why they want to abandon the original plat rather than replat. Mr. Meara stated they are in the process of marketing the property to different users, and do not have a set layout of the property yet. He stated the future use of the property is undetermined. Mr. Wilson made the motion to approve PS 93-36. The motion was seconded by Mr. Moody, and the motion carried 6-0. 8. PS 93-37 Request of Carter & Burgess Inc. for Amended Plat of Spring Oaks Estates. This property is located at the northwest corner of Amundson Drive and Cannon Drive. Mr. Tim Welch, Carter & Burgess, came forward to speak. He stated there was a drafting error on several lots. Mr. Bowen made the motion to approve PS 93-37. The motion was seconded by Mr. Lueck, and the motion carried 6-0. PZ Minutes - Page 6 October 28, 1993 ZONING CASES 9. PZ 93-18 Consideration of an amendment to the Zoning Ordinance No. 1874 regarding Personal Care Homes. TABLED 9/23/93 Vice-Chairman Barfield 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 delivered a packet to the Commissioners today. She stated there are some proposed changes in the packet. Vice-Chairman Barfield stated the Commission would like some more time to consider the request and view the material. He stated they don't want to get in too much of a hurry. Mr. Lueck asked if it was her intent to include these homes in all residential areas. Ms. Cagle stated yes. Mr. Lueck asked why they marked out the references to halfway house and similar facilities in the proposed definition. Ms. Cagle stated it was clear that they would not be doing that type of activity. She stated they only intend to care for the elderly. Mr. Lueck stated if they left it in, it would not affect the operation anyway. Ms. Cagle stated yes. Mr. Lueck asked why they want one year to come into compliance with the terms of any special use permit. Ms. Cagle stated there are certain state requirements that would have to be met. She stated the state also gives them one year to comply. Mr. Lueck asked what problems she has with obtaining a new certificate of occupancy. Ms. Cagle stated they would already be inspected each year and do not see the reason for getting a new certificate of occupancy each year. Mr. Husband stated a new certificate of occupancy would be applied for if the property were sold because the certificate is issued to the owner of the business rather than to the site. Ms. Cagle asked what he means by purchasing the property. Mr. Husband stated if she sold the house to someone else who wanted to operate the personal care home, the new owner would have to apply for a new certificate of occupancy. He stated it is not a new special use permit. He stated when NCNB was bought by Nations Bank, Nations Bank applied for a new certificate of occupancy because they were the new owners of the site. He stated it is an administrative function. Ms. Cagle asked how long it takes to get a new certificate of occupancy. PZ Minutes - Page 7 October 28, 1993 Mr. Husband stated approximately 3 to 5 days. Mr. Lueck asked why she changed the number of persons to one person per 200 square feet. He stated having six people, that becomes a fairly sizable house. Ms. Cagle stated it takes a little more than six people to make it cost effective to operate this type of business. She stated she has eight people living in her house now. Mr. Lueck stated they do not want to pass an ordinance that would disallow it on an economic basis. Ms. Cagle stated the number of people should be determined by the size of the house. Mr. Lueck asked if she has a problem with having only one car per 400 square feet of habitable area. He asked if these people even have or drive cars. Ms. Cagle stated no. Mr. Lueck asked how many cars were at the current facility. Ms. Cagle stated only hers. She stated there are some when family members come to visit. She stated she has space for eight cars at the duplex facility. She stated four cars can park at the house. Mr. Lueck asked if it was a problem to state that garage enclosures are not allowed to increase the square footage of the house. He stated he does not particularly favor enclosing the garage in order to get more people into the facility. He stated if the garage was already enclosed, that is not a problem. Ms. Cagle stated her garage at her house is enclosed and she uses it as living space. Mr. Lueck asked what the objection was concerning the distance from similar facilities. Mr. LeBaron stated the distance criteria is the same as other type of community based homes. He stated there are some distance statutes on the books. He stated they believed that it was fair in order to prevent an undue concentration of personal care homes in one neighborhood. Mr. Moody stated he has a personal care home in his neighborhood. He stated the house is very small. He stated there are some times when the number of people at the home causes a traffic problem. He stated there could be a very serious problem if there was one two or three doors down the street. Mr. Lueck stated the citizens would not want to have a cluster of this type of facility in the neighborhood. He stated he would like to see this issue moved along. Mr. Bowen asked about the garage enclosures. He asked if they would have to go before the Board of Adjustment to get a variance in order to enclose the garage. Mr. LeBaron stated a garage enclosure would be an amendment to the special PZ Minutes - Page 8 October 28, 1993 use permit. He stated they could not seek relief from a regulation that was put in place by the Commission or Council in order to grant a special use permit. Mr. Bowen stated Ms. Cagle wants that taken out. Mr. LeBaron stated that was put in to protect the character of the neighborhoods. He stated they want the external appearance of the house to be similar to the other houses in the neighborhood. Ms. Cagle asked if they must have a draft of what they intend to do when they close in the garage. Mr. LeBaron stated yes. Ms. Cagle stated her garage is not there, and looks just like every other garage on the street. Mr. Husband stated one of the main reasons for that requirement is that the zoning regulations require four off street parking spaces, two of which must be covered. He stated a person wishing to enclose the garage would normally have to construct a carport to provide the required two covered spaces. He stated in most cases the carport would encroach the building line, and then the case would go before the Board of Adjustment. Mr. Husband stated that this requirement was included so the owner could meet the minimum parking requirements of the base zoning district. Ms. Cagle asked if she could not have a carport. Mr. Husband stated she could have a carport provided it does not encroach the front building line of the lot. Mr. Bowen stated they need more discussion on this item. Mr. Moody made the motion to table PZ 93-18, and to have a work session dedicated to this particular item. The motion was seconded by Mr. Miller. Mr. Lueck stated the city should call the state and notify them that we are considering this item. Mr. LeBaron stated he would take care of that. Vice-Chairman Barfield stated the next item, PZ 93-19, is very similar and should probably be considered at the same work session. Mr. Moody amended his motion to include tabling PZ 93-19. Mr. Miller seconded the amending motion. The motion carried 6-0. 10. PZ 93-19 Public Hearing to consider an amendment to the Zoning Ordinance No. 1874 regarding Family Homes for the Mentally Retarded. TABLED 9/23/93 This item was tabled by the preceding motion. 11. PZ 93-22 Public Hearing to consider the request of North Richland Hills Baptist Church for a Special Use Permit for a Warehouse/Storage Building on Lot B, Calloway Acres Addition. This property is located at 6920 Glenview Drive. Vice-Chairman Barfield opened the Public Hearing and called for those wishing to PZ Minutes - Page 9 October 28, 1993 STAFF REPORT CITIZEN COMMENTS ADJOURNMENT t\~AA /J 4!¡~~~" It:lify l a. f:;l!J'ev'-/ V\J Don Bowen, Secretary Planning and Zoning Commission speak to come forward at this time. Mr. Dan Christa, business manager for the church, came forward to speak. He stated the building will be similar in appearance to the other church buildings. He stated there would be a loading dock at the rear. He stated they intend to use the building for the storage and construction of props for the annual Christmas pageant. Mr. Lueck stated the loading dock would probably be used about twice a year. Mr. Christa stated that is correct. Vice-Chairman Barfield asked how this property is tied to the rest of the property. He stated they were concerning about this building being sold to someone who would use it as a warehouse. Mr. Christa stated it is across the street from the church. He stated it is next door to the counseling center, and backs up to the existing parking lot for the church. Mr. John Cowser, architect for the building, came forward to speak. He stated the building would be a tilt-wall structure with a white stucco finish. He stated it would be a well constructed facility. Mr. Lueck stated they would approve in any industrial district an 80-foot wide structu re on an 88-foot wide lot. There being no one else wishing to speak, Vice-Chairman Barfield closed the Public Hearing. Mr. Wilson made the motion to approve PZ 93-22. The motion was seconded by Mr. Moody, and the motion carried 6-0. None. None. There being no further business, the meeting was adjourned. .. ________ ~'rJ^~n " ~... J,-., ,'. ~.. IZ-----..' >~~'" i,.. "'. ..'..,.¡.,:.,.. ',-,' ,........... ,'\ " ~..-,,:.: '"..~.. ...c,,··"-·- David Barfield, Vice-Chairman Planning and Zoning Commission