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HomeMy WebLinkAboutPZ 1992-09-10 Minutes MINUTES OF THE REGULAR MEETING OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF NORTH RICHLAND HILLS, TEXAS SEPTEMBER 10, 1992 CALL TO ORDER The meeting was called to order by Chairman James Brock at 7:30 p.m. ROLLCALL PRESENT: Chairman Members James Brock David Barfield Victor Baxter Don Bowen Ron Lueck Fred Wilson Steve Pence Clayton Husband Paul Miller Wayne Moody Barry LeBaron Building Official PZ Coordinator ABSENT: Director Comm Dev CONSIDERATION OF MINUTES OF AUGUST 21, 1992 Mr. Wilson made the motion to approve the minutes as written. The motion was seconded by Mr. Barfield, and the motion carried 4-0, with Mr. Bowen and Mr. Lueck abstaining due to absence at the previous meeting. 1. PZ 92-29 " Reconsideration of the request of Gary Bolander to rezone Lot 1, Block 1, Richland Oaks Addition, Fourth Filing, from its present zoning classification of C-1 Commercial to C-2 Commercial. This property is located at the southwest comer of Grapevine Highway and Strummer Drive. TABLED 8/27/92 Chairman Brock stated that this item was tabled at the previous meeting due to the absence of Mr. Bolander. Chairman Brock reopened the Public Hearing and asked for those wishing to speak in favor of the proposal to come forward. Mr. John Bolander, 6408 Willow Springs, Arlington, came forward to speak. He introduced Mr. Brian Munda, 9919 Brockbank, Dallas. Mr. Barfield asked Mr. Bolander to reiterate what the conditions will be after opening, how the dogs will be maintained, where they will be placed and trained, the amount of noise they need to consider, whether there will be dog shows or any similar functions. Mr. Bolander stated that they have been in business for 12 years, with establishments in Houston, Grand Prairie, and Carrollton. He stated they employ about 45 employees. He stated their primary business is dog training, but they do some limited boarding. He stated all the facilities could hold about 100 dogs, but the facility in North Richland Hills could only hold about 40 dogs. Mr. Bolander stated that this facility would be primarily structured for training. He stated that all the boarding is indoor, with no outdoor runs or activities. He stated all training is done indoors, one on one with the owners, not in groups. He stated there will be no dogs walked through neighborhoods. He stated they do not anticipate any noise problems since the building is of block construction. He stated that the Arlington/Grand Prairie facility is in a metal building about 100 yards away from an apartment complex, and they have received no complaints from the complex about noise. He stated they intend to do some sound-proofing when they move in. He stated they have had no complaints from any of the multi-tenant buildings they have been in. Mr. Barfield asked if there would be any outside training path or activity. Mr. Bolander stated no. Mr. Barfield asked if there would be any shows or meetings. Mr. Bolander stated the only thing to be constructed outdoors would be a six-foot privacy fence on part of the yard to walk dogs and let them eliminate. He stated there could be a one-on-one training session outdoors, but no substantial outdoor activity. Mr. Barfield asked Mr. Bolander if he were aware that the alignment of Strummer Drive has changed and will be widened. Mr. Bolander stated that tonight was the first time they actually saw the plot plan. He stated they plan to do a lot of work on the building, landscape the area, repave the parking lot, and construct a sign. He stated they offer a good service that the citizens could benefit from. Mr. Bowen asked Mr. Pence if they would have to put up a sight-barring fence if part of Strummer is abandoned. Mr. Pence stated that as long as the street is there, no. He stated if the City were to abandon the street and divide the land among the property owners, then they would be required to construct a screening fence. Mr. Wilson asked if there would be any retail sales of pet supplies or anything of that nature. Mr. Bolander stated they do a small amount of retail sales in each facility, but that is not their main objective. He stated they do sell dog food, collars, leashes, and other tools that are used in training. Mr. Wilson asked if the training was one-on-one. Mr. Bolander stated the program are boarding/training to start with. He stated the trainer spends time with the dog for a period of time, then private sessions with the owner occur on a weekly basis. He stated their primary business focuses professionals who have little time to spend training their dog. He stated all the training is done on an individual basis, there is no group training at all. Mr. Munda stated they have opened some group classes at their Grand Prairie facility, but there are no plans to do so here due to the size of the facility. He stated that was the function of the outdoor walkway that was mentioned before. PZ Minutes 10 September 92 Page 2 Mr. Bolander stated the size of the facility really limits what they can actually do. Mr. Barfield asked if the Commission were to vote on a Specific Use Permit instead of the zone change, to give the City some control, if Mr. Bolander would have any problems with that proposal. Mr. Bolander stated they shouldn't have any problems with that. Mr. Bowen stated he has problems with granting a blanket C-2. He stated Mr. Barfield's suggestion would be the best solution since it gives the property some more restrictions. Mr. Munda asked when they would see the restrictions. Mr. Barfield stated they would be part of the recommendation to the City Council. He stated they only recommend to the Council, who makes the final decision. Mr. Lueck stated it usually works with the applicant coming forward with a proposal, but the staff has worked with them. Mr. Barfield stated that staff could work that out, as long as they understand what the directive is. Chairman Brock asked for those wishing to speak against the proposal to come forward. Mr. Allred Stanford, 5101 Pearl, came forward to speak. He asked how you can make an eight-foot fence look good. He stated an eight foot open fence would look bad. Mr. Husband stated that the fence would be a six-foot wood stockade type fence similar to what is in most people's backyards. Mr. Stanford asked where it would be located. Mr. Husband stated probably behind the building, making a back yard so to speak. Ms. Nancy McIntire, 5713 Pearl Drive, came forward to speak. She asked Mr. Bolander if the other facilities were in established residential neighborhoods. Mr. Bolander stated the Arlington/Grand Prairie facility is located next to an apartment complex. Ms. McIntire stated her concerns for declining property values in that area. She stated her opposition to this case. Chairman Brock asked if she opposed even with the stipulations that have been talked about. PZ Minutes 10 September 92 Page 3 Ms. McIntire stated yes. She stated every time she turns around, something is happening in that area. She stated it seems like no one cares what is going on in that area. Mr. Barfield stated the new alignment of Strummer would move that traffic farther away from her back door. He stated they do have a concern over what happens there. Ms. McIntire stated that the Council work session recommended dead-ending Pearl Drive, leaving the only exit off of Jerry Jo onto Strummer. She stated pulling out to a five-lane road is a negative. She stated there is no consideration of any property owners in that area. Mr. Wilson stated that under C-l zoning, they could put in a pet store or veterinarian office without even coming before the Commission. He stated they would only have to get the required permits. Ms. McIntire stated that this is a residential area, and it is a fallacy in the way it was written. She stated that allowing C-1 zoning in that area is wrong in such an established residential area. Mr. Denny Kramer, 8213 Jerrie Jo, came forward to speak. He stated he believes the Commission is taking into consideration the concerns of the homeowners. He stated his opposition to the request. He stated he does not want to share his neighborhood with a kennel. There being no one else wishing to speak, Chairman Brock closed the Public Hearing. Mr. Lueck stated it is a mis-statement to say that the Commission has not looked at this area. He stated the Commission has probably spent more time looking at this area than any others in the City. Mr. Barfield stated that the C-1 zoning on the property is right and adequate. He stated the property faces out onto Grapevine Highway, it would never be used for residential uses, and the fact that Strummer is changing will direct traffic away from their backdoor. He stated he would not have a problem with this kennel if everything is confined within the building. He stated that having one dog out in the yard at a time would not be that big of a problem. Mr. Barfield stated this use would not bother him in his neighborhood near as much as some of the other uses allowed in C-l such as commercial activities, restaurants, and storage. Mr. Barfield made the motion to not approve the C-2 zoning, but recommend a C-1 Specific Use Permit subject to the following stipulations: that the storage of dogs be strictly confined to the interior of the structure, only one dog allowed outdoors at a time for training or exercise, the exercise area be screened with a fence as required by ordinance, and the entrance to the building facing Strummer from the west. Mr. Baxter seconded the motion, and the motion carried 4-2, with Mr. Barfield, Mr. Wilson, Mr. Baxter, and Mr. Lueck voting for, and Mr. Bowen and Chairman Brock voting against. PZ Minutes 10 September 92 Page 4 2. PZ 92-31 Public Hearing to consider the request of Sunnybrook Properties to rezone Tract 6, WD Barnes Survey, Abstract 146, from its present zoning classification of AG Agriculture to R-2 Single Family Residential. This property is located at the southeast comer of Smithfield Road and Green Valley Drive. Chairman Brock opened the Public Hearing and asked for those wishing to speak in favor of the request to come forward. Mr. Dick Perkins, of Teague, NaIl and Perkins, 915 Florence Street, Fort Worth, came forward to speak. He stated they plan on a very upscale R-2 neighborhood on that site, and requested the Commission's approval of the request. There being no one else wishing to speak in favor, Chairman Brock called for those wishing to sp those wishing to speak against the request to come forward. Mr. Keith Schreiner, 7825 Redwood Court, came forward to speak. He stated his property abuts the subject property. He stated they are opposing the request since it will devalue their homes. He presented a petition to the Commission in opposition to the request. Mr. Schreiner stated that the classification would allow a park to be built. He stated he would like to see it reclassified as a park. Chairman Brock stated they are wanting to change the zoning of this property to R-2 to build single family homes. Mr. Bowen asked Mr. Schreiner what was the basis of his opposition. Mr. Schreiner stated his concern over what it would do to his home. He stated they have no traffic or noise problems, and if it were changed, he would like it changed to a public park. He stated he does not want to get into the same situation as the homeowners on Strummer Drive. Chairman Brock stated that this situation is a little different. Mr. Schreiner asked if there was a possibility that this property could be considered for a public park. Mr. Bowen stated the City cannot afford to buy the property. He stated the only way it could be considered for a park is if the owner decided to dedicate the property. Mr. Bowen stated the only thing the Commission can look at is the properties highest and best use. He stated the Commission cannot tell the owner they can't rezone the property just because they want it to stay open pasture like it IS. Mr. Schreiner stated the City Council could tell them how it is going to be zoned. Chairman Brock stated that this body can only make a recommendation to the Council. Mr. Lueck stated that if the Council decided not to allow this to be changed from PZ Minutes 10 September 92 Page 5 agriculture, the City could be taken to court, where they wouldn't win. Mr. Bowen stated that agriculture is a holding zone. He stated they have to look at the best use for the property. Mr. Barfield stated the City also has a Master Plan that the Commission and the public worked for about three years. He stated that the Master Plan stated that this area be used for residential uses. He stated they must abide by the Plan. He stated that if the Plan says this area should be residential, and they deny his request for that, the City could be taken to court, where they would lose. Chairman Brock stated they must find the best use for the property. Mr. Schreiner stated his concerns over his property and his neighborhood. He asked if Sunnybrook had a plan for that property. Chairman Brock stated that would be the next item, the platting of the property. Mr. Schreiner stated his concern over the drainage from that property. Chairman Brock stated that they will have to meet all of the City's requirements concerning drainage. Mr. Wilson stated that the development would actually help the drainage problem. Mr. Schreiner asked if R-2 was restricted to single family homes. Chairman Brock stated yes. Mr. Schreiner asked if it was restricted to one or two story. Chairman Brock stated that it could be either. Mr. Barfield stated the homes must have rear entry garages and be 1800 square foot minimum. He stated they would probably be in the $120,000 to $170,000 price range. Mr. Baxter stated the proposed zoning classification is the same as the homes where Mr. Schreiner lives. Mr. Bowen stated there is a parks master plan available at the library if they would like to look at it. Mr. Baxter stated he doesn't think there was a park recommendation in that area. Mr. Clarence Kidd, 8125 Sayers Lane, came forward to speak. He stated he is completely in the dark as to what is going OD. Chairman Brock stated there is a preliminary layout if he would like to take a look at it. PZ Minutes 10 September 92 Page 6 There was a general discussion about the layout while many people looked it over. Mr. Rodney Crowsin, 7004 Lincolnshire, came forward to speak. He stated he was the owner of about two acres of land on the southeast corner of the property. He stated his main concern was his property facing the backyards of many people. He stated his property has no utilities or roads. He stated there is a problem of people coming down the road and getting stuck when the pavement ends. Mr. Crowsin stated his opposition to the case. There being no one else wishing to speak, Chairman Brock closed the Public Hearing. Mr. Barfield stated the Commission does not have any choice but to rezone this property because it is set up on the master plan, and the issues being brought up are platting issues. Mr. Wilson made the motion to approve PZ 92-31 as presented. The motion was seconded by Mr. Lueck, and the motion carried 6-0. 3. PS 92-21 Request of Sunnybrook Properties for Preliminary Plat of Bridlewood Addition. This property is located at the southeast comer of Smithfield Road and Green Valley Drive. Mr. Barfield asked Mr. Perkins to explain how the drainage will be addressed. Mr. Perkins stated that the proposed street will catch most all of the water that currently drains to the properties to the south and discharge it into storm drains. He stated it should alleviate most of the drainage problems on the surrounding properties. He stated that the City is constructing a new storm drain system to the southeast of this property. Mr. Perkins stated they are not diverting water where it should not go. A question from the audience arose about fences. Mr. Perkins stated that wood stockade fences would most likely be built along the eastern edge of the property. He stated that the City requires a masonry wall to be built along the western edge, along Smithfield Road. He stated the fences along the rear of the lots would be on the property line. Mr. Barfield stated the entrance onto Smithfield Road near Green Valley Drive is too close and needs to be eliminated. He asked Mr. Perkins if he would consider the possibility of putting a cuI de sac at that end or coming up with a new arrangement. Mr. Perkins stated there was some discussion at the work session about closing the north entrance and moving the southern entrance closer to Mr. Martin's house. He stated they have looked at that, but not closely enough to see its effect on the owner. He stated he would like the Commission to consider the possibility of leaving the layout like it is but putting a cui de sac at the north entrance. PZ Minutes 10 September 92 Page 7 Mr. Barfield stated he did not have a problem with that. He stated he was concerned about Mr. Martin's property being left out of the development. He stated he would like to see Bridlewood Court dead end into the property so it could be developed into a cul de sac at a later date. He stated it could end up in a bad situation by not leaving any possibility of development on that property. Mr. Perkins asked if there was a problem in making it one long cul de sac. Mr. Barfield stated that the police and fire departments may have a problem with that layout. He stated his main concern was the entrance being too close to Green Valley Drive. Mr. Perkins stated that the possibility of stubbing a street onto Green Valley Drive might cause problems for the school across the street. Chairman Brock asked Mr. Perkins if he was in agreement to the rest of the engineers comments. Mr. Perkins stated yes. Mr. Bowen stated if there were only one entrance, he would prefer to see it moved north to be more centrally located. Mr. Perkins stated they would like to get a consensus from the Commission on what they would like to see. Mr. Lueck asked if Mr. Martin would like a street abutting his lot. Mr. Perkins stated that Mr. Martin does like the proposed layout. He stated he might have a problem with a street running along his entire property. Mr. Barfield asked if there was a problem with this item being tabled and studied some more. He stated they may end up approving a plat that they have not seen. Mr. Perkins stated they are on a tight time schedule and want to get final plans to the Commission sometime in October. He stated that some consensus from the Commission would be helpful. Mr. Barfield stated that the Commission would agree to no entrance onto Smithfield near Green Valley. He stated they need to allow for the development of Lot 35 at some time. He stated that the entrance should be more centrally located for public safety purposes. Chairman Brock stated that the motion could incorporate a stipulation to move the entrance to a more central location. Mr. D.A. Deguire stated that Mr. Martin is concerned about his privacy. He stated they are going to remove the barn and the pool. He stated this subdivision would be no worse than Thornbridge as far as fire access was concerned. PZ Minutes 10 September 92 Page 8 Mr. Barfield stated that Thornbridge was approved as an overall phased plat with an exit out onto Precinct Line Road. Mr. Bowen stated he wants to see a little more balance out of the property. He stated that Mr. Martin's property could be cul de sac'd off of Smithfield Road in the future. Mr. Barfield stated that if they close off Mr. Martin's property, it is forever closed off. He stated that Bridlewood Court should stub into the south line of Mr. Martin's property. Mr. Perkins stated there is the option of putting a street off of Smithfield Road along either the north or south line of the property and cul de sac the street back either way. Mr. Barfield stated that Mr. Perkins stated earlier that Mr. Martin did not have enough room to do that. He stated he thought that was poor planning. Mr. BiU Cypert, BirdviUe lSD, came forward to speak. He stated that an entrance onto Green Valley would cause a problem with the student drop-off point along that road. Mr. Perkins stated the corner of their property was about twenty feet east of the common line between lots 2 and 3. He stated if Bridlewood were carried out to Green Valley it would be about 300 feet from the student drop-off point. Mr. Baxter stated it would be a good idea to provide a pedestrian access to the street if there is no entrance onto Green Valley. Mr. Perkins stated that could create a liability problem for the city, school district, and maybe even the developer. Mr. Barfield made the motion to approve PS 92-21 with the following changes: that Bridlewood have no access to Smithfield Road on the north end of the subdivision, that the entrance be moved to a more central location, that access to Green Valley Drive be denied, and that some form of street access be dedicated to Lot 35 from Bridlewood Court. Mr. Lueck seconded the motion, and the motion failed 2-4, with Mr. Barfield and Mr. Lueck voting for, and Mr. Wilson, Mr. Baxter, Mr. Bowen, and Chairman Brock voting against. Mr. Bowen stated he is not as concerned about access to Mr. Martin's property. Mr. Bowen made the motion to approve PS 92-21 with the same stipulations as Mr. Barfield enumerated with the exception of access to Lot 35 for future development. The motion was seconded by Mr. Baxter, and the motion carried 5-1, with Chairman Brock, Mr. Baxter, Mr. Bowen, and Mr. Wilson voting for, and Mr. Barfield voting against. 4. PZ 92-30 Public Hearing to consider the request of David Merrell and Timothy Yochum to rezone a portion of Commercial Tract A, Richland Plaza Addition, from its present PZ Minutes 10 September 92 Page 9 zoning classification of C-2 Commercial to OC Outdoor Commercial. This property is located on the west side of Grapevine Highway, just south of Richland Plaza Drive. Chairman Brock opened the Public Hearing and called for those wishing to speak in favor of the request to come forward. Mr. Tim Yochum, 4859 Ivy Oak Court, Fort Worth, and Mr. David Merrell, 1148 Victoria Drive, Saginaw, came forward to speak. Mr. Wilson asked what type of activity the applicants were proposing for this property . Mr. Yochum stated it would be a family style go-cart track. He stated they are looking at buying the adjacent property where the Kentucky Fried Chicken used to be. He stated there would be some type of retail sales as well. Mr. Lueck asked if they need the adjacent property to make this work. Mr. Yochum stated it was not needed, but would help. Mr. Barfield asked Mr. Husband what was allowed in Outdoor Commercial. Mr. Husband stated that Outdoor Commercial allows a wide variety of mostly outside uses including boat sales, car washes, drive in restaurants, and nurseries. Mr. Bowen asked what the retail sales would consist of. Mr. Yochum stated go carts, parts, and things of that nature. Mr. Bowen asked if the go-carts would be theirs, or do people bring their own. Mr. Yochum stated they would own the go-carts. He stated they come with an overhead valve Honda engine, which complies with the California laws on noise and pollution. He stated noise probably would not be a problem. Mr. Barfield asked if they had enough room to do all of that. Mr. Yochum stated they felt like they did. Mr. Bowen asked Mr. Pence how he would determine the amount of parking required. Mr. Yochum stated they have planned to put at least thirty cars on that site. Mr. Pence stated the Zoning Ordinance requires 1 parking space for every 500 feet of sight area. Mr. Merrell stated the way the property was arranged would allow for parking behind the car lot. He stated they are looking at putting a cosmetically appealing PZ Minutes 10 September 92 Page 10 place. Mr. Bowen asked if they own the entrance off of Richland Plaza Drive. Mr. Yochum stated that is correct. Mr. Lueck stated the ordinances on nuisances would apply if the engines do turn out to be noisy. Mr. Pence stated there are certain noise and decibel levels they would have to meet during certain hours. Mr. Wilson asked Mr. Merrell if he realized there was a landscape ordinance that requires at least ten percent of the area to be landscaped. Mr. Barfield stated the parkway cannot be used for that ten percent. Mr. Merrell stated he was not aware of that, but that it would not be a problem. Mr. Lueck stated that is why they asked if they had enough room. Mr. Bowen stated if they had an oval track they could landscape the middle. There being no one else wishing to speak for or against, Chairman Brock closed the Public Hearing. Mr. Wilson made the motion to approve PZ 92-30. The motion was seconded by Mr. Bowen, and the motion carried 6-0. PZ Minutes 10 September 92 Page 11 5. PZ 92-18 STAFF REPORT CITIZEN COMMENTS ADJOURNMENT Secretary Don Bowen PZ Minutes 10 September 92 Page 12 Reconsideration of an amendment to the Zoning Ordinance #1080 regarding Commercial Parking Lots. TABLED 8/27/92 Chairman Brock stated the Council had sent this back to be reworked as far as verbiage and screening requirements. He stated it is ready to be passed or modified and recommended to Council. Mr. Barfield stated an option needed to be added to the wood stockade fence. He stated that one-half of the 10 percent landscaped area be between the parkway and the fence. Mr. Baxter made the motion to approve PZ 92-18 with the amendment as specified by Mr. Barfield. The motion was seconded by Mr. Bowen, and the motion carried 6-0. None None There being no further business, the meeting was adjourned.