HomeMy WebLinkAboutPZ 1990-04-26 Minutes
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MINUTES OF THE REGULAR MEETING OF THE
PLANNING AND ZONING COMMISSION OF THE
CITY OF NORTH RICHLAND HILLS, TEXAS
APRIL 26, 1990 - 7:30 P. M.
CALL TO ORDER
The meeting was called to order by the
Chairman, Mark Wood, at 7:30 P.M.
ROLL CALL
PRESENT:
Chairman
Vice Chairman
Secretary
Members
Mark Wood
James Brock
David Barfield
Don Bowen
Ron Lueck
Don Collins
Pat Marin
Dir. Economic Dev./
Planning
Dir. Public Works/
Utilities
P & Z Coordinator
Bob Miller
Greg Dickens
Wanda Calvert
ABSENT:
George Angle
.
CONSIDERATION OF THE MINUTES
OF APRIL 12, 1990
Mr. Lueck made the motion to approve
the minutes as written. This motion
was seconded by Mr. Brock and the
motion carried 6-0 with Mr. Barfield
abstaining since he was not present at
the meeting.
1 .
PS 90-10
Public Hearing for consideration of a
revision to the Subdivision Ordinance
111579.
Chairman Wood stated this is in regard
to the replatting of a portion of a
lot or a portion of a block. He said
there are problems when a portion has
been sold off by metes and bounds and
then an owner needs to replat his
portion. Chairman Wood said the
ordinance now states you have to
replat the entire lot or block and get
all signatures of the people owning
the entire lot or block to sign the
plat. This presents a hardship on the
applicant.
.
Page 2
P & Z Minutes
April 26, 1990
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Chairman Wood opened the Public
Hearing and called for those wishing
to speak in favor of this request to
please come forward.
There being no one wishing to speak,
the Chairman called for those wishing
to speak in opposition to this request
to please come forward.
There being no one wishing to speak,
Chairman Wood closed the Public
Hearing.
PS 90-10
APPROVED
Mr. Barfield made the motion to
approve PS 90-10. This motion was
seconded by Mr. Brock and the motion
carried 7-0.
2.
PS 90-03
Public Hearing for request of Julio
Neira for replat of Lot 1, Block 3,
J.L. Autrey Addition.
.
Chairman Wood opened the Public
Hearing and called for those wishing
to speak in favor of this request to
please come forward.
Ernest Hedgcoth, Engineer, came
forward to represent Mr. Neira. He
stated they have met all the
requirements and request approval.
Chairman Wood stated they are
concerned about access on Rita Beth.
Mr. Hedgcoth stated he will put on the
plat that there will be no access on
Rita Beth Street.
Chairman Wood called for anyone
wishing to speak in opposition to this
replat to please come forward.
There being no one wishing to speak,
the Chairman closed the Public
Hearing.
.
Page 3
P & Z Minutes
April 26, 1990
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PS 90-03
APPROVED
Mr. Brock made the motion to approve
PS 90-03 as recommended by city staff
for ingress-egress. This motion was
seconded by Mr. Bowen and the motion
carried 7-0.
3.
PS 90-04
Request of James R. Harris and Joe L.
Wright for preliminary plat of Steeple
Ridge Estates.
Dick Perkins, Engineer, came forward
to answer any questions.
Chairman Wood stated that the
applicant has requested they be
allowed to change the name of the
subdivision from Steeple Ridge Estates
to just Steeple Ridge. He said P & Z
has no problem with that.
.
Chairman Wood said item 112 regarding 2
lots not having the 70 foot frontage,
this will be worked out at time of
final platting.
Mr. Perkins stated he can make that
adjustment in the final plat.
Chairman Wood stated the applicant
also requested that Shady Grove Road
be considered as a C2U instead of a
C4U as shown on the Thoroughfare Plan.
He said it has been recommended by P &
Z to City Council that Shady Grove
Road be changed to a C2U and the plat
has been designed accordingly to a
C2U. Chairman Wood said that staff
and P & Z has no problem with this.
He said the applicant has agreed to
build his half of Shady Grove Road
adjacent to his property.
Mr. Perkins stated that is correct and
also with the necessary transition to
the old pavement.
.
Chairman Wood stated the applicant has
also agreed to widen the entrance to
the subdivision to a C2U.
Page 4
P & Z Minutes
April 26, 1990
.
Mr. Perkins stated that is correct for
a transition back to approximately 250
feet.
Mr. Lueck said it would be
approximately 290 feet.
Chairman Wood said he has a comment
from the staff about the timing of the
approval of the final plat and the
issue of development construction
permits in regard to the timing of the
start of the construction of the TRA
sewer line which they will have to tie
on to. He said staff recommends the
final plat be approved subject to
development construction permits not
being issued until such time TRA
construction has begun.
Mr. Dickens said there needs to be a
restriction on Lot 40, Block 1.
.
Chairman Wood stated there is a finger
of land that sticks down allowing
ingress-egress to that lot and staff
has recommended it be restricted to
not allow access from Davis Boulevard
to the lot. He asked Mr. Perkins if
they would agree to putting this on
the plat.
Mr. Perkins stated they agree.
Chairman Wood stated that one of the
major issues is drainage. He said the
applicant has asked he be allowed to
have 7" curbs with 6" crowns.
Chairman Wood said this issue would be
worked out with Public Works at the
time of final platting.
Mr. Dickens stated that Public Works
will consider 6" curbs and 5" crowns
where necessary.
.
Mr. Bowen stated they have memos from
police, fire, and Community
Development stating opposition to the
names of 2 streets.
Page 5
P & Z Minutes
April 26, 1990
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Mr. Perkins stated they have corrected
that already, but have not provided P
& Z with copies. He said they also
have made some corrections on some
easements.
Chairman Wood said the subdivision is
to be done in 3 phases.
Mr. Perkins stated that is correct.
He said they will submit that at final
platting.
PS 90-04
APPROVED
Mr. Barfield made the motion to
approve PS 90-04 subject to the
engineer's comments and with some
special stipulations: That the
subdivision name be changed to Steeple
Ridge; that the street off Shady Grove
Road be changed to a 41 foot back to
back curb approximately 250 feet from
Shady Grove Road to the north; that
the width of Shady Grove Road be
allowed a C2U; that the city staff
will review with the applicant the
feasibility of 6" curbs with 5" crowns
where appropriate; that no access from
Lot 40, Block 1, be allowed on to
Davis Boulevard; that no construction
permits be issued until such time as
TRA sewer line is under construction;
that the applicant be required to
construct one half of Shady Grove Road
adjacent to their property; that the
subdivision is to be done in three
phases and these phases indicated on
the final plat.
.
This motion was seconded by Ms. Marin
and the motion carried 7-0.
4.
PS 90-09
Request of L.C. Tubb, Jr. for short
form plat of Lot 1, Block 1, L.C.
Tubb, Jr. Subdivision.
L.C. Tubb, 8333 Davis Boulevard, came
forward.
.
Page 6
P & Z Minutes
April 26, 1990
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Chairman Wood stated there are several
questions on this case that need to be
answered. He said the applicant has
asked that the the requested utility
easement on the east portion of the
north property line be waived.
Mr. Tubb stated they are trying to do
some remodeling, not developing. He
said the property to the north is
owned by his aunt which eventually
will be his. He said that since they
live in the country, they do not want
poles there, they want to leave it
open.
Mr. Dickens stated that all franchised
utilities are allowed to use an
easement.
.
Mr. Tubb stated that when they moved
there, the electric company wanted an
easement all along the north side of
his property, but he refused to give
it to them. He said his kids might
want to fly a kite. He said that is
why they moved to the country. Mr.
Tubb said, if you will notice, for the
7~ foot easement, he has stated it is
for underground only.
Mr. Dickens stated he believes all
utilities are to be underground now.
Chairman Wood stated there are utility
easements on 3 sides and he believes
they should be able to serve Mr.
Tubb's property.
Chairman Wood asked about the pipeline
going across Mr. Tubb's property.
.
Mr. Tubb stated this dates back to
1928. He said there is no formal
easement. He said he has no problem
with what the city has requested, the
granting of a 15 foot easement on top
of the pipeline.
Page 7
P & Z Minutes
April 26, 1990
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Chairman Wood said item 8, the waiver
of sidewalk requirement since it is in
Agricultural zoning, staff has no
problem with the waiver, but requests
Mr. Tubb sign a covenant that if the
highway department comes in and
requires a sidewalk, he would
participate in it.
Mr. Dickens said the covenant would
read, if the city had to pay for the
sidewalk, that Mr. Tubb would
reimburse the city for it.
Mr. Tubb asked if there would be a
time frame on the covenant.
Mr. Dickens said it would run with the
land forever.
Mr. Tubb said he had no problem with
that.
.
Chairman Wood asked Mr. Dickens about
item 3 of the engineer's letter of the
18th regarding a drainage study.
Mr. Dickens stated he was recommending
an engineer or owner come in with a
drainage area map and address the
drainage that comes across this
property in accordance with the
subdivision ordinance and design
manual of the city.
Chairman Wood asked if he was telling
Mr. Tubb to submit the plan subject to
Mr. Dicken's approval prior to going
to council.
Mr. Dickens stated that was correct.
.
Mr. Tubb stated he has a problem with
this. He said he doesn't see how any
drainage study he would do or could
have done would help anybody. He said
the water is going to flow just like
it flows; they are not going to do
that much work. Mr. Tubb said to be
out the expense of the study is
bothersome to him; what is the
reasoning behind this.
1
Page 8
P & Z Minutes
April 26, 1990
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Chairman Wood asked how large an area
would that have to encompass. He
asked Mr. Tubb how many acres he has.
Mr. Tubb stated he has 4.6 acres.
Mr. Dickens stated they would have to
have a drainage area map that would
show on site and off site drainage.
He said the city has topo maps that
his engineer could utilize. Mr.
Dickens said we are just requiring
what the subdivision ordinance and
design manual tell us to require. He
said Mr. Tubb is a single lot
developer, but he is a developer
whether it be one lot or 100 lots, it
is the same requirement.
Mr. Brock asked what the cost would
be.
.
Mr. Dickens said it could run from
$1,500 to $4,000 or $5,000.
Mr. Brock said he would hate to see
him have to spend that kind of money
just to remodel.
Mr. Miller stated it is a requirement
of the subdivision ordinance, but he
can request it be waived by the
council.
Mr. Lueck said he would hate for
anyone to have to spend even $500 just
to remodel his house.
Chairman Wood stated that in Mr.
Miller's letter, he stated that in our
Master Drainage Plan, there is a major
drainage structure through the back of
this property. He asked what that
means.
.
Mr. Dickens said they sketch in a
recommended channel size or a
recommended drainage pipe installation
based on the calculations they have
done. He said they usually show those
Page 9
P & Z Minutes
April 26, 1990
.
improvements down the swells or
drainage ways that are existing on the
contour maps they are working with.
He said they showed a line coming down
the drainage way there.
Chairman Wood asked if it showed an
underground or an open channel or a
concrete lined ditch.
Mr. Dickens said they are showing an
underground pipe. He said the Master
Drainage Plan is only a guide. He
said that is why we require a drainage
area map of the development so if
anything has changed that was not
evident in this study.
.
Chairman Wood said if it says there
needs to be a drainage pipe there, at
some point in time, it is going to
have to be put in. He said if we have
a series of 5 acre tracts that people
build on without taking care of the
drainage, at some point and time, the
line will have to be put in.
Mr. Barfield said a good example is
Little Ranch Road, Morgan Meadows
Addition. He said they did not
address the drainage years ago when
they put in that subdivision. He said
they have 2 acre tracts and every time
it rains, it floods and overflows.
Mr. Barfield said the city has gone in
and spent a lot of money to try to
correct their drainage problem.
.
Mr. Tubb said he sat in another P & Z
meeting about 4 years ago when John
Barfield first tried to make his
development go across the street. He
said at that time, Mr. Barfield was
discussing his property to the east
and also property he owned behind Mr.
Tubb's property. Mr. Tubb said in
that development plat, Mr. Barfield
had shown a concrete ditch somewhere
behind Mr. Tubb's property. Mr. Tubb
said he believed it was approved, but
no one has built it.
Page 10
P & Z Minutes
April 26, 1990
.
Mr. Tubb said for him to do a study
right now, not knowing what is going
to happen around him, would not be
feasible.
Chairman Wood said sooner or later it
will have to be put in there.
Mr. Tubb said you have already taken
the easement from him.
Mr. Dickens said that is not a
drainage easement, it is a utility
easement.
Mr. Barfield said that is one thing a
drainage study would tell, if you need
a drainage easement, even if you did
not put it in, and we chose to waive
it, the city would have some avenue to
come back at some time to take care of
the drainage above and below you.
.
Mr. Tubb said he feels it is a
tremendous cost to put on a person to
remodel their house, and he can not
see how they can justify this.
Mr. Dickens said if it was so
determined that a drainage easement
across the back is required, say 50
feet, would you consider.
Mr. Tubb said that would be too much.
Mr. Dickens said it could be a pipe, a
swell, or a ditch.
Mr. Tubb said that would be out of the
bounds of reason, 50 feet off of 330
feet.
.
Chairman Wood said in the future,
there may be a need. He said if the
property next to you develops, there
might be a need for some drainage to
go across your property. Chairman
Wood said Mr. Tubb could mess them up
if he did not agree to it.
Page 11
P & Z Minutes
April 26, 1990
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Mr. Tubb said the only reason you
would need a 50 foot easement is if
you develop all that property to the
west of him. He said a drainage study
now would not tell about the streets,
etc.
Mr. Dickens said there is a way by
using calculations on the run off. He
said that if in the future there is
needed an easement, if you did a
drainage study now and it showed the
need for an easement, then in the
future, if needed, the easement would
already be on the plat.
Mr. Brock asked Mr. Tubb if he would
consider signing a covenant that said,
in the future, if that easement is
warranted, you would grant it.
.
Mr. Tubb said he would consider on a
fair percentage where he was not
providing the whole thing for the
whole community.
Mr. Barfield asked if we waive the
drainage study and you are not out
anything, then would you sign a
covenant granting an easement when
needed.
Mr. Miller stated we can not take this
to the council without a drainage
study. He said Mr. Tubb could appear
before the council and request they
waive the drainage study.
Mr. Barfield stated that easements are
very hard to get after the case is
closed. He said sometimes you have to
go through condemnation proceedings.
Mr. Tubb said he questions the
platting of John Barfield's property.
.
Chairman Wood stated it is not
platted, it was zoned, but not
platted.
Page 12
p & Z Minutes
April 26, 1990
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Mr. Tubb said there is a 6 foot drop
on his property and there is no
drainage problem.
Chairman Wood stated if Mr. Tubb would
simply agree to the easement when the
studies are made, if it shows there is
no need for the easement, then he
would not be required to give it.
Mr. Tubb said it would be hard to have
an easement there because there is a
stock tank just to the south of his
property.
Chairman Wood said he would be willing
to waive the drainage study if Mr.
Tubb would be willing to say he will
cooperate in the future.
.
Mr. Tubb said he would be agreeable to
a 25 foot easement as long as he does
not get stuck with the whole drainage
on his property.
Mr. Lueck said if Mr. Tubb agrees to
agree to an easement in the future,
can we waive the drainage study and
require him to sign a covenant and
take it on to the council.
Mr. Miller said they could.
Chairman Wood said item 12 requires
the installation of a fire hydrant.
He said they have waived this
requirement in regular subdivisions
with collector streets, but this is a
safety issue, we have not dealt with
one going across a highway. Chairman
Wood said that city staff is
recommending this be required so there
will be no need for hoses layed across
Davis Boulevard. He said this is a
serious issue.
.
Mr. Tubb said he agrees it is a
serious issue, but the house is
existing and if we had a fire today,
it would have to come across Davis
Page 13
P & Z Minutes
April 26, 1990
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Boulevard. He said providing a fire
hydrant would cost another $4,000.
Mr. Dickens read the State Vehicle Law
which stated it is unlawful for a
vehicle to drive over an unprotected
fire hose.
Mr. Barfield said you can not shut
down a major thoroughfare.
Mr. Tubb said he shuts down major
thoroughfares all the time.
Mr. Lueck asked what would happen if
they had a fire today.
Chairman Wood said it is a safety
factor, someone could get hurt running
over a fire hose.
.
Mr. Tubb said if he put in the fire
plug, are his neighbors required to
pick up any of the cost.
Mr. Miller said they were not.
Mr. Miller asked about the covenant
for the drainage. He asked if Mr.
Tubb had agreed to sign a covenant for
his fair share of the drainage.
Chairman Wood said when a drainage
study is done in the future.
Mr. Tubb said to put a "not to exceed"
in there. He said he will not give up
all of his acreage for a drainage. He
said he cannot give you an open end
covenant, that could take all of his
property.
.
Ms. Marin said this is the reason why
a drainage study would protect you
now. She said it would close any door
to doubt right now; then once it is
done, you have developed your property
and you have not had to sign a
covenant.
Page 14
p & Z Minutes
April 26, 1990
.
Mr. Dickens asked about a perk test.
Mrs. Calvert said they gave us a
receipt dated in 1974 where they got a
permit, but there was no perk test
submitted.
Mr. Dickens stated Mr. Tubb is going
to add more bath rooms, etc. He said
if he is going to enlarge his house
more than double the size, we feel he
would need to put in a larger septic
tank. Mr. Dickens said we would not
know unless he goes through the permit
process for a perk test. He said in
the design manual, it says he has to
extend the sewer, but in a one lot
subdivision, he can just provide a
perk test.
.
Mr. Tubb said you only have to prove
it can work; it can work; it is
working now.
Mr. Brock asked if Mr. Tubb's current
system can handle his addition.
Mr. Dickens said we feel there needs
to be a new perk test.
Chairman Wood asked if we need to make
that a part of our motion.
Mr. Dickens said he would recommend
that so there will not be a
misunderstanding.
Mr. Tubb said replatting land has no
bearing on the size of the house. He
said he could only build on 20 feet.
Mr. Tubb said he is cheap at heart,
and he does not want to pay for a perk
test when it has worked okay for 15
years. He said the septic tank has
never had to be cleaned out. Mr. Tubb
said this should not be a platting
requirement.
.
Mr. Dickens said to put it on the
building permit requirement.
Page 15
P & Z Minutes
April 26, 1990
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PS 90-09
APPROVED
.
ADJOURNMENT
.
~~~~7
Secretary Planning & Zoning Commission
Mr. Tubb said what is amazing is you
had these people in with a multi
million dollar deal here and they
walked out of here in 3 minutes and we
have been here 30 minutes.
Mr. Bowen stated they met all our
criteria.
Mr. Bowen made the motion to approve
PS 90-09 subject to the engineer's
comments with the following
exceptions: That the easement
requested in item 3 not be required;
that item 8 regarding sidewalks, will
not be required. The applicant shall
be required to sign a covenant to pay
his fair share, to reimburse the
city's cost only should sidewalks be
required at a later date by the State
Department of Highways and
Transportation. That the applicant
shall be required to sign a covenant
to provide his fair share of a
drainage easement, either now, or at
the time a drainage study is completed
for the development of the property in
the area which would drain through
this property. That a perk test shall
be provided by the applicant and
approved by the Department of Public
Works prior to a building permit being
issued for this property.
This motion was seconded by Mr.
Barfield and the motion carried 7-0.
The meeting adjourned at 8:40 P.M.
Chairm