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HomeMy WebLinkAboutPZ 1987-01-08 Minutes . MINUTES OF THE REGULAR MEETING OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, JANUARY 8, 1987 - 7:30 P. M. CALL TO ORDER The meeting was called to order by the Chairman, Don Bowen, at 7:30 P. M. ROLL CALL PRESENT: Chairman Secretary Members Don Bowen John Schwinger Mark Wood Joe Hallford Carole Flippo Richard Royston Wanda Calvert Alt. Member Dir. Planning/Dev. P & Z Coordinator ABSENT: George Tucker CONSIDERATION OF THE MINUTES OF SEPTEMBER 25, 1986 Mr. Hallford made the motion to approve the minutes as written. This motion was seconded by Mr. Wood and the motion carried 4-0 with Mr. Schwinger abstaining since he was not present at the meeting. . CONSIDERATION OF THE MINUTES OF NOVEMBER 13, 1986 Ms. Flippo made the motion to approve the minutes as written. This motion was seconded by Mr. Schwinger and the motion carried 4-0 with Mr. Hallford abstaining since he was not present at the meeting. CONSIDERATION OF THE MINUTES OF DECEMBER 11, 1986 Mr. Schwinger made the motion to approve the minutes as written. This motion was seconded by Ms. Flippo and the motion carried 5-0. 1. PS 86-57 Consideration of an amendment to the Subdivision Ordinance regarding the use of retention ponds in drainage design. Chairman Bowen stated that Jack Frisque, 8025 Valley Drive, had requested to speak. . Mr. Frisque came forward. He said he was speaking in opposition to this request. He stated he was speaking only on what he had read on the agenda. Page 2 p & Z Minutes January 8, 1987 . Chairman Bowen stated this is a report regarding retention/detention ponds. Mr. Frisque asked if there is any place in particular for this to be used. Chairman Bowen stated the second item on the agenda is requesting to allow the use of a retention pond. . Mr. Frisque stated that speaking from experience, he is opposed to any retention pond. He said it is not a solution, it just postpones something down the road at the cost of the taxpayer. Mr. Frisque said he was in his house for only a week when he was notified by the city that he would either allow the water to drain into his pond or they would start eminent domain procedure. He said since then he has had a 46 inch storm drain that drains into his pond. Mr. Frisque stated he had watched the water from that 46 inch drain into his pond and once it is full, it can hold no more; where will the water go and what is it going to cost the tax payer. Chairman Bowen stated this requirement would have much more controls than Mr. Frisque's. Mr. Frisque stated his was made out of concrete. . Mark Hannon, Hannon Engineering, came forward. He said he has the next item on the agenda which requires a detention pond. Mr. Hannon stated that Mr. Frisque has a improperly designed drainage. He said Mr. Frisque should have an 18 inch storm drain instead of the 46 inch. Mr. Hannon stated his pond would be lined with either concrete or asphalt and would drain clean. He said it was his intention to have a lower rate of flow. He said they have no down stream drainage and no drainage can be added. Page 3 P & Z Minutes January 8, 1987 . PS 86-57 POSTPONED 2. PS 86-42 . PS 86-42 APPROVED WITH STIPULATIONS . Mr. Hannon stated he requests considerable recommendation. Chairman Bowen stated he felt he had not had enough time to study this report to be able to vote on it tonight. He said he felt the commission should put it on hold for further study. Chairman Bowen stated he felt this type of retention should be used as a last resort. Mr. Schwinger made the motion to hold this report for further study. This motion was seconded by Mr. Wood and the motion carried 5-0. Request of Ellis-Ellis Associates for final plat of Lot 1, Block 2, Hightower Plaza Addition. Mr. Hannon came forward. He said he did not want his plat to be denied. He said he takes no exception to the engineer's comments and he requests it be sent on to the City Council for approval subject to the approval of an ordinance. Chairman Bowen said that Mr. Hannon should get with the City Staff and read the report and see if he could live with it. Mr. Hannon said he had been working with the City Staff for several months and understood that an ordinance was to be drafted the first of January to comply with his requested use. Chairman Bowen stated there are some parts of the report that the Commission wants to review further. Mr. Wood made the motion to approve PS 86-42 subject to the drainage plans be worked out or a drainage ordinance be approved or other acceptable plan be approved. This motion was seconded by Mr. Hallford and the motion carried 5-0. Page 4 P & Z Minutes January 8, 1987 . Mr. Frisque came forward. He said he felt this was pre-mature. He said he felt this request should be tabled and resubmitted at a later date. Mr. Frisque stated the ordinance would be a guideline. Mr. Wood stated the request was approved subject to the ordinance being passed or other acceptable plan. 3. PZ 86-71 Request of F. E. Griffin to rezone a portion of Tracts 4A, 4Al, & 4A2, John Condra Survey, Abstract 311, from their present classification of AG Agriculture to R-2 Single Family. This property is located on the south side of Starnes Road, west of Plumwood Drive. . Chairman Bowen opened the Public Hearing and called for those wishing to speak in favor of this request to please come forward. Delbert Stembridge, Stembridge & Associates, came forward to represent Mr. Griffin. He said this property was left on the east side of the proposed Holiday Lane adjacent to the school site. Chairman Bowen asked Mr. Stembridge if his client would agree to a stipulation of only rear entry garages. Mr. Stembridge said he was not sure, he would have to ask him. Mr. Royston said this could be taken care of in the platting process. . Chairman Bowen stated he felt this was necessary since it is across from the school on a major thoroughfare. He said it would be dangerous to back out into the traffic since the houses would have to have the thoroughfare. Page 5 P & Z Minutes January 8, 1987 . Chairman Bowen called for those 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. PZ 86-71 APPROVED Ms. Flippo made the motion to approve PZ 86-71. This motion was seconded by Mr. Hallford and the motion carried 5-0. 4. PZ 86-72 Request of Don R. Waters to rezone Tracts 2A3B & 2A3C, W. A. Trimble Survey, Abstract 1520, from their present classification of OC Outdoor Commercial to R-1 Single Family. This property is located on the south side of Riviera Drive at the west end of the street. . Chairman Bowen opened the Public Hearing and called for those wishing to speak in favor of this request to please come forward. Delbert Stembridge, Stembridge & Associates, came forward to represent Mr. Waters. He stated Mr. Waters bought some additional land from Richmond Bay Development to enlarge his lot to build a house on. Mr. Stembridge said they had to move a sewer line and found that the property he bought was OC zoning and the other part of the lot was R-1. Chairman Bowen called for those 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. PZ 86-72 APPROVED Mr. Schwinger made the motion to approve PZ 86-72. This motion was seconded by Mr. Wood and the motion carried 5-0. . Page 6 p & Z Minutes January 8, 1987 . 5. PS 86-50 Request of Don R. Waters for replat of Lot 3R, Block 11, Fossil Creek Trails Addition. (This request was tabled from the last meeting). PS 86-50 APPROVED Mr. Wood made the motion to approve PS 86-50. This motion was seconded by Mr. Hallford and the motion carried 5-0. Chairman Bowen stated the next 3 items would be heard together but would be voted on separately. 6. PZ 86-73 Request of Charles Schreiner Nelson to rezone Tract 2, S. Richardson Survey, Abstract 1266, & Tract 1B, Alexander Hood Survey, ~bstract 683, from their present classification of AG Agriculture to R-2 Single Family. This property is located south of Wilson Lane, west of Keller Smithfield Road. . 7. PZ 86-74 Request of Charles Schreiner Nelson to rezone Tracts 1A & 2, S. Richardson Survey, Abstract 1266, from their present classifications of AG Agriculture and R-2 Single Family to R-3 Single Family. This property is located south of Wilson Lane, west of Keller Smithfield Road. 8. PZ 86-75 Request of Charles Schreiner Nelson to rezone Tract lA, S. Richardson Survey, Abstract 1266, from its present classification of R-2 Single Family to R-8 Single Family-Zero Lot Line. This property is located on the would side of Wilson Lane, west of Keller Smithfield Road. Chairman Bowen opened the Public Hearing and called for those wishing to speak in favor of these requests to please come forward. . Wes Shaver, 3843 Morgan's Creek, San Antonio, Texas, came forward to represent the owners in their requests. Page 7 P & Z Minutes January 8, 1987 . Mr. Shaver stated this property is bounded on the north by Wilson Lane and on the east by Keller Smithfield Road. He showed the proposed Wilson Lane thoroughfare which will run from Precinct Line Road to Highway #377. He stated it has been designed and is in some stages of construction. He showed a map of the existing zoning in the area. He also showed a conceptual plan of 5 tracts of land. Mr. Shaver said at the last meeting they had the tract south of Continental Trail and adjacent to Keller Smithfield Road approved to R-2 with 1800 square foot minimum houses and the corner of Wilson and Keller Smithfield Road to C-2 Commercial. He said these would be heard by the City Council on Monday night. . Mr. Shaver said the property in question tonight is between Continental Trail and Wilson Lane. He stated they had meetings with the neighbors who were concerned with the small lots in R-3 so they withdrew their request that was along Continental Trail and changed it to R-2 which they are requesting tonight. He said this property is south of the creek. He said the next piece of property was approximately 70 acres they were requesting to R-8 and was rejected because it was too large amount of acreage. Mr. Shaver said they have since discussed this with the homeowners and have reduced the R-8 request to a 19~ acre tract. He said the R-8 zoning requires 4000 square foot lots and 1200 square foot houses, but they are asking for restrictions of 6000 square foot lots and 1400 square foot houses. . Mr. Shaver said he had been asked why have higher density. He said there would be lots of right-of-way to improve and lots of flood plain and channelization. Mr. Shaver said there is quite a lot of R-2, some R-3 and a little R-8. Page 8 p & Z Minutes January 8, 1987 . . Mr. Shaver said he has some home builders ready to start building in the R-8 and R-3 zoning, but the R-2 development would come a little later. He said the cost would be great building Wilson Lane into a thoroughfare. Mr. Shaver said there is approximately 80 acres to the west of this property that is zoned Multi-Family. He said the market may not be ready now, but it will eventually developed. Mr. Shaver said this zoning would not impact the people to the south because there is a creek between them and will have trees planted there. He said the children north of the creek would be in the Keller School District and the ones to the south of the creek would be in Birdville School District. Mr. Shaver stated they had just received an approval letter from the Corp of Engineers on the drainage control. He showed the drainage channel with the 100 year flood plain. He said when they do the improvements to the drainage channel, it will pull the flood plain from the neighbors to they would be out of the flood plain. Mr. Shaver said they submitted a letter to the City Staff stating they would screen all along Wilson Lane and along Keller Smithfield Road. Mr. Shaver requested rebuttal time. Chairman Bowen called for those wishing to speak in opposition to these requests to please come forward. . Jack Frisque, 8025 Valley Drive, came forward. He stated that he would like to say that Mr. Shaver and his Associates have tried and worked closer with the homeowners whom I represent than any other developer, but we still have problems. Mr. Frisque said they request the R-2 have 1800 square foot houses. Page 9 P & Z Minutes January 8, 1987 . . Mr. Frisque said with the holidays, the developers had not been able to meet with the homeowners about this proposal of R-3 and R-8 zoning. He said they did talk by phone. He said they do not object to the R-8, he said they must compromise and could live with some, but they feel the R-8 would be much better next to the C-2 Commercial. Mr. Frisque said he knows the developers said they need it next to the Multi-Family zoning to the west in Keller, but there are large lots to the north in Keller and to the south is our ranchettes which are same as R-l. He said he feels putting the R-8 next to the C-2 would be the lesser of two evils because people already live there, the other is not developed and the would have a choice whether to buy or not. Mr. Frisque said the developers said the R-3 would be one unbroken group bounded by the drainage channel, but the people to the south of Continental Trail are already there and would have no choice. Mr. Frisque said he requests the Commission postpone the requests so the homeowners would have more time to get with the developers and work out a better plan. He said he would like to stand before the City Council one time and say I agree with the plan. . Dr. Tom Duer, 7312 Londonderry, came forward. He said there is more to consider than this development. He said he has to stand before the Keller City just as he does here. He said the City of Keller have shown a lot of concern for the residents of North Richland Hills. Dr. Duer said this same developer has a project in Keller with 20,000 square foot lots, 12,000 square foot lots and an 18 hole golf course, but this is what we get. He asked why can't we have a Tara or Meadow Lakes or Parkridge. He asked Mr. Wood how he would like for someone to fill up the lake behind his house with concrete. Page 10 P & Z Minutes January 8, 1987 . . Mr. Shaver came forward. He said he had tried to work with the homeowners. He said their project in Keller is 640 acre tract. He said they have some 20,000, some 12,000, some 8,000, and some 5,000 square foot lots and some townhouses. He said they want the whole area to have the same quality. He said there is a lot of distance between the R-8 zoning and the homeowners to the south. Mr. Shaver read a letter from 3 homeowners to the north: "January 6, 1987, Re: PZ 86-73 PZ 86-74, & PZ 86-75. To Whom It May Concern, We are all land owners presently living in the immediate area of the proposed zoning requests. We have spoken to Mr. James Wicker representing the owner and developer of this property. After reviewing the Conceptual Plan that was presented to us in detail, we have concluded that we are in favor of these zoning requests. Signed Ida Cheek, 87 Wilson Lane, Joan Carpenter, 88 Wilson Lane, and John W. Wilson, 85 Wilson Lane." Mr. Shaver stated they want to put 6000 square foot lots in the R-8. He requested that James Wicker, Bayer and Associates, explain about the drainage. Mr. Wicker came forward. He showed the City Limits and the creeks and ponds in the area. He said there is a ditch which has to stay 50 feet in width. Mr. Wicker stated there will be 3 independent neighborhoods which would be less curb cuts. He said the R-8 zoning is for people with no children who want no yards and R-3 would have children. Mr. Wicker said the people to the north liked this plan better than the plan submitted last year. . Mr. Wood asked Mr. Shaver if they would agree to 1800 square foot homes for the R-2 district. Page 11 P & Z Minutes January 8, 1987 . PZ 86-73 APPROVED WITH STIPULATION . PZ 86-74 APPROVED WITH STIPULATION . Mr. Shafer said he doesn't like it, but would agree to it. Chairman Bowen closed the Public Hearing. Mr. Schwinger made the motion to approve PZ 86-73 with the stipulation that the houses be a minimum of 1800 square feet. This motion was seconded by Mr. Hallford and the motion carried 5-0. Mr. Wood said he did not see why they think they have to have higher density, why not leave it R-2. He said there are major thoroughfares with large houses. He said he does not feel that just because Keller has high density that North Richland Hills has to. Mr. Wood said he felt they should maintain high quality homes in our city. Mr. Wood made a motion to deny PZ 86-74. This motion died for lack of a second. Mr. Schwinger made a motion to approve PZ 86-74 with the stipulation that the houses be a minimum of 1600 square feet. Mr. Wood said R-2 house size is 1600, why not call it an R-2. Mr. Schwinger said he would discuss this in private. The motion was seconded by Chairman Bowen and the motion carried 3-2 with Mr. Wood and Mr. Hallford voting against. The request was approved. Mr. Wood asked if they could put a stipulation on this without the consent of the client. Chairman Bowen stated they could. He said the Commission is only a recommending body to the City Council. Page 12 p & Z Minutes January 8, 1987 · PZ 86-75 DENIED Mr. Wood made the motion to deny PZ 86-75. 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