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HomeMy WebLinkAboutPZ 1990-08-23 Minutes ~ ., . MINUTES OF THE REGULAR MEETING OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF NORTH RICHLAND HILLS, TEXAS AUGUST 23, 1990 - 7:30 P. M. CALL TO ORDER The meeting was called to order by Chairman Mark Wood at 7:35 P.M. ROLL CALL PRESENT: Chairman Vice Chairman Secretary Members Alt. Member Dir. Community Dev. Asst. Dir. P.W. P & Z Coordinator Mark Wood James Brock David Barfield Don Bowen Ron Lueck George Angle Barry LeBaron John Johnston Wanda Calvert ABSENT: Don Collins Pat Marin CONSIDERATION OF THE MINUTES OF AUGUST 9, 1990 Mr. Brock made the motion to approve the minutes as written. This motion was seconded by Mr. Lueck and the motion carried 6-0. . 1 . PS 90-17 TABLED-B/9/90 Public Hearing for request of B.H. & L. Joint Venture for preliminary plat of Richland Oaks North Addition. This is a replat of a portion of Cherokee Estates. This property is located south of North Tarrant Parkway, west of Davis Boulevard. Chairman Wood stated this request was tabled during the Public Hearing at the August 9th meeting to allow the engineer to change the layout. Chairman Wood said we would continue the Public Hearing and call for anyone wishing to speak in favor of this request to please come forward. Owen D. Long, engineer, came forward. He said he believed he had done what the Commission had asked him to do on the plat. . ~ ~ ~ ~ Page 2 P & Z Minutes August 23, 1990 . Chairman Wood stated that the Commission appreciates them reconsidering the layout. He said he thinks they have solved the problem by eliminating the lots facing on the major thoroughfare, University Drive. Mr. Long said some of the engineer's comments would not apply since they made the change in the layout. He said he talked with Kevin Miller and he saw no major problems with the revised layout. Mr. Long said that Kevin had some problem with leaving pieces of lots in the old Cherokee Estates so they have agreed to bring in a plat on the pieces of lots south of this plat. . Mr. Barfield said at the work session Mr. Long was concerned that by turning Colgate Court, he might want to run some drainage down the drives of two or three lots. Mr. Long said he did not think he would have to do that, but he might have to cut University Drive a little deeper. Chairman Wood called for anyone wishing to speak in opposition to this request to please come forward. There being no one wishing to speak, the Chairman closed the Public Hearing. PS 90-17 APPROVED Mr. Angle made the motion to approve PS 90-17. This motion was seconded by Mr. Brock and the motion carried 6-0. Chairman Wood said the next two requests would be heard together, but voted on separately. 2. PS 90-20 Request of Gary B. Starnes and James M. Starnes for preliminary plat of Orange Valley Addition. This property is located at the northeast corner of Starnes Road and Douglas Lane. . ~ ~ ~ ~ Page 3 P & Z Minutes August 23, 1990 . 3. PS 90-21 Request of Gary B. Starnes and James M. Starnes for final plat of Orange Valley Addition. This property is located at the northeast corner of Starnes Road and Douglas Lane. Chairman Wood stated there was extensive discussion in the pre-session regarding these requests. Dick Perkins, engineer for the property, came forward. . Chairman Wood stated that the main problem was that all the owner's property is not included in the preliminary plat, and we have the preliminary and final on the agenda tonight. He said the drainage of the other 6 acres needs to be addressed. Chairman Wood asked Mr. Johnson, the City Engineer, why he asked for a 20 foot off-site easement. Mr. Johnston stated he asked for the 20 foot easement because he had no information to the east. Chairman Wood said the engineer has agreed to provide that information at a later date which would take care of it. Chairman Wood asked Mr. Johnston about the letter he sent to the owners. Mr. Johnston said he wanted the owners to be fully aware of the development requirements that would be required to develop the remaining 6 acres. Chairman Wood stated that if the drainage is not taken care of now, in later years, the city will have to fix it. . Mr. Barfield said if Mr. Starnes plans to develop is 10 years from now, does this letter have enough teeth in it. ~ ~ ~ ~ Page 4 P & Z Minutes August 23, 1990 . Mr. Johnston said you cannot force an owner to develop his property, but the staff just wanted him to be aware of the requirements. Chairman Wood said it will not be feasible to develop the 6 acres. Mr. Barfield said if the property owner to the north wanted to develop, he would need an easement down stream. . Mr. Perkins said if he would preliminary plat 2 acres in one lot and 6 acres in one lot and provide a 20 foot easement, the Commission would approve, but they would not have accomplished anything. He said he feels the Commission is setting a precedence requiring the developer get an easement. Mr. Perkins said they do not require everyone to plat all the property they own. Chairman Wood said there are not many times you have a piece of land that is shown on the Master Drainage Plan. Mr. Perkins asked how many other times you have some individual present a preliminary and final and only plat a section of their property. Chairman Wood said this property is all owned by the same person. He said Mr. Hamm does not own the property now. Chairman Wood said he knows the person Mr. Perkins is speaking of. He said that person owns approximately 700 acres and has sold off 2 pieces, none of which has a drainage problem. . Mr. Perkins said if Mr. Starnes agreed to granting an easement, then later when he needed to develop the property and needed to move the easement, he has no assurance they could get the city to allow them to move it. ~ ~ ~ ~ Page 5 P & Z Minutes August 23, 1990 . Mr. Lueck said if Mr. Starnes would just sign the letter. Mr. Perkins said the Commission is just trying to accommodate the people to the north. Chairman Wood stated we had a piece of land where we needed an easement for drainage. He said it was L.C. Tubb. Chairman Wood said he did not want to give an easement, but he finally did. . Alan Hamm came forward. He said he is the proposed owner of the 10 acre tract being heard tonight. He said if you take away the development by requesting him to give an easement, you will damage him terribly. Mr. Hamm said he had had to get the right to dump water on property. He said he has had to pay for it. Mr. Hamm said he things Mr. Wood is wrong. Mr. Hamm said he thinks the 6 acres will develop. Mr. Lueck said we still need to know the effect the drainage will have on this property. Mr. Hamm said he has been a good developer. He said he tries to do a good job and he requests the Commission consider the 10 acres, only. Mr. Lueck asked if the Starnes people will sign this letter Mr. Johnston sent. Mr. Johnston said they will sign, but wanted to talk to their attorney, they might want to change the wording. Chairman Wood stated they agreed to most of the engineer's comments. . Mr. Perkins said he will try to have the corrections made tomorrow and have the drainage next week. ~ ~ Page 6 P & Z Minutes August 23, 1990 . Chairman Wood asked about the assessments due on this property. Mr. Perkins read the letter from Mr. Hamm to Gregg Dickens stating that he will pay the assessments prior to the filing of the final plat. He said the signature is notorized and Mr. Dickens agreed to it. . Mr. Angle said he appreciated Mr. Hamm's position in wanting to get his property developed. He said he does not totally concur with Mr. Barfield's contention regarding requiring the easement at this time, but do feel the need for the staff to study the drainage. Mr. Angle said he thinks that is important. He said he would feel a little constrained to vote on the final plat. Mr. Angle said as a school teacher, he feels you need to be consistent. They said sometimes they come in and get a preliminary and final plat approved the same evening. Mr. Angle said if he voted for that in the past, he does not think he did; he said he does not think that is logical. Mr. Angle said he feels the staff needs to have the preliminary plat on all the property and have time to study it and make some recommendations, and he hopes that during that time, a solution can be found so as not to infringe on the economic rights of Mr. Starnes. Mr. Angle moved to approve PS 90-20 pending the preliminary plat of all the property. Chairman Wood said that is kind of broad. He asked Mr. Angle if he was saying to approve the preliminary plat subject to bringing back the whole piece platted at time of the final. . Mr. Angle said his motion is to approve the preliminary plat subject to having the entire property preliminary platted. ~ ~ Page 7 P & Z Minutes August 23, 1990 . Chairman Wood said the Commission cannot approve a preliminary plat if we do not have the information on it. Mr. Angle said that is where they differ. He said he would be willing to approve the preliminary plat, but would not be willing to approve the final plat. Chairman Wood said we need a preliminary plat on all the property and then come back with a final on just the 10 acres. Mr. Angle said that is correct. Chairman Wood asked Mr. LeBaron if we needed to be presented a preliminary plat on the entire property before we can approve it; can we approve something we haven't received. . Mr. LeBaron said he would be reluctant to do that. Mr. Brock asked if they could approve the preliminary plat subject to getting the calculations. Chairman Wood said they could if they were not adding property to it. Mr. Barfield said he believes he can make a motion that would work. Mr. Angle withdrew his motion. PS 90-20 APPROVED Mr. Barfield made the motion to approve PS 90-20 subject to the engineer's comments, subject to an appropriate drainage study for the surrounding property being done and whatever requirements that the drainage study shows that they be implemented in the final plat. . This motion was seconded by Mr. Angle and the motion carried 6-0. ~ ~ Page B p & Z Minutes August 23, 1990 . PS 90-21 TABLED ADJOURNMENT . ~~ Mr. Perkins asked since approving this, if he gets the drainage done, will the Commission approve the final plat at the next meeting. Chairman Wood said based on what we know tonight, we would. Mr. Lueck said the Commission would review it and vote on it. Mr. Barfield made the motion to table PS 90-21. This motion was seconded by Mr. Brock and the motion carried 6-0. The meeting adjourned at B:20 P.M. Secretary Planning & Zoning Commission .