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HomeMy WebLinkAboutPZ 1990-04-26 Minutes . 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 . 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 . 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 . 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 . 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 . 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 . 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 . 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 . 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 . 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 . 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