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HomeMy WebLinkAboutPZ 1987-12-17 Minutes . MINUTES OF THE REGULAR MEETING OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, DECEMBER 17, 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 George Tucker David Barfield Ron Lueck Manny Tricoli Dan Echols Richard Royston Greg Dickens Wanda Calvert Alt. Member Mayor Dir. Planning/Dev. Asst. Dir. P!W P & Z Coordinator ABSENT: Mark Wood Carole Flippo . CONSIDERATION OF THE MINUTES OF NOVEMBER 12, 1987 Mr. Schwinger made the motion to approve the minutes as written. This motion was seconded by Mr. Tricoli and the motion carried 5-0 with Mr. Lueck abstaining since he was not present at the meeting. 1. PS 87-42 Request of Burk Collins Investments for replat of Blocks 2, 3, 5, 6, & 7, Stonybrooke South Addition. Chairman Bowen opened the Public Hearing and called for those wishing to speak in favor of this request to please come forward. Jackey Fluitt with Burk Collins Investments, came forward. He said they request approval of this plat which conforms to the R-8 zoning. He stated they request a variance to allow 10 foot side yard set backs instead of the required 20 feet. Mr. Schwinger asked on what lots does he need the variance. . Mr. Fluitt said they were requesting the variance on the whole subdivision to allow more leadway in construction. Page 2 P P & Z Minutes December 17, 1987 . He stated the lots are only 50 feet wide. Chairman Bowen asked about the additional easements needed. Mr. Royston said that was in regard to the drainage. 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. Mr. Tucker said we have 50 foot lots with 20 foot set backs which leaves only 30 feet to build on. He said he had rather have a larger house rather than more side yard. . Mr. Barfield asked Mr. Royston if the cuI de sacs would present a problem. Mr. Royston said he did not think they would. He said there is no way they can honor the front building line of the next house. Mr. Barfield said if they couldn't get the 10 foot set back on Ruthette Court, could they live with that? He said he doesn't have a problem with the rest of the subdivision. PS 87-42 APPROVED Mr. Barfield made the motion to approve PS 87-42 as presented and grant a variance on the 10 foot side yard set backs except on Ruthette Court and subject to the engineers comments. This motion was seconded by Mr. Schwinger and the motion carried 6-0. 2. PS 87-43 Request of Northeast Construction Company for replat of Fair Oaks Estates, 2nd Filing. . Page 3 P & Z Minutes December 17, 1987 . Chairman Bowen opened the Public Hearing and called for those wishing to speak in favor of this replat to please come forward. Owen D. Long, Consulting Engineer, came forward to represent Northeast Construction. He stated that Alan Hamm and Ron McGough are also present. Mr. Long said they would like to have time for rebuttal. . Mr. Long stated they have an approved, recorded plat of the area, but they feel this replat would be better. He said there is a new owner, Northeast Construction. He said they feel there would be problems with a North Bursey Road and a South Bursey Road. Mr. Long said they hope they can work out the problems with the homeowners and the City Staff. He said he had responded to the comments from the Assistant Director of Public Works and the Director of Planning. Chairman Bowen asked Mr. Long if they had anything from the property owners affected. Mr. Long stated they did not. He said he does not know how the neighbors feel about the change. He said he hopes they understand what they are trying to do. He said they want to put in cuI de sacs and abandon Bursey Road and have a new alignment of Bursey Road. Mr. Long said they do not have anything in writing from the property owners. Chairman Bowen stated the Commission can not approve this plat unless all property owners agree to it. . Mr. Royston said since the State Law was passed in 1985, the City can not abandon a street without compensation. Page 4 p & Z Minutes December 17, 1987 . Mr. Long said they understood it would be trading the abandonment of Bursey Road for the new Bursey Road. Mr. Royston said we must have something in writing from the property owners. Alan Hamm came forward. He said they understood the City Attorney that they would have a deed to it. Mr. Royston stated the City would prefer that all parties be in agreement to be sure we have subscribed to the State Law. Mr. Barfield asked Mr. Long how they are addressing the out parcels. . Mr. Long said they have them as out parcels A, B, & C. He said if the replat is approved, they will convey the out parcels to the adjacent property owners who could replat them into their property. Mr. Long said you would not want a designated lot that does not meet the zoning requirement. Mr. Barfield asked about Floyd Jones' property. Mr. Long stated Mr. Jones would own that out parcel plus the old street right-of-way. He said when they plat their property, they could plat the out parcel into their property. Chairman Bowen asked Mr. Long if they were aware of the stipulation that the houses must be 1800 square feet. Mr. Long stated they would have to live with it. . Chairman Bowen said it needs to be put on the face of the plat. Ron McGough came forward. He stated he met with all the homeowners in Page 5 p & Z Minutes December 17, 1987 . July, and then have contacted them by mail two times since then. Mr. Barfield asked about Continental Trail. Mr. Long said they had previously had a meeting and found no one cared whether it went through or not. Mr. HamID said he had discussed this with the City Staff. He said it was previously supposed to be a collector street, but with Wilson being so close, it is not needed. Mr. Hamm said they would prefer not to have it extended. Mr. Tucker said you would have a nUn shaped street. Mr. Long said that is correct. . Mr. Royston said this would be a modification of the Thoroughfare Plan. Adiene Jones, 7512 Bursey Road, came forward. She stated they had lived there for 14 years and bought the land 3 years before that. She said she appreciated Ron McGough keeping them informed. Ms. Jones said she had rather have the houses facing them and have the road improved. She said she thinks the developer should improve the road. Ms. Jones said she is not saying she is for or against this replat, but she has some concerns. She said if the out parcel was deeded to them, they would have to landscape it and build a concrete drive. Ms. Jones asked if they would have to pay more taxes. Chairman Bowen said they probably would. . Ms. Jones stated the taxes are already high enough. She said they already have 4 acres. She asked if they would have to maintain the road. Page 6 P & Z Minutes December 17, 1987 . Mr. Royston said once this is resolved, the developer would have to dismantle the old street after the new Bursey Road is built. Mr. Long said with the present recorded plat one half of Bursey Road would be improved to the center of the street by the developer with curb and gutter on the north side. He said under the new plat, the homeowners would have access by the cuI de sacs. Mr. Long said he would hate to tear up the old road unless the homeowners want it torn up. Mr. Long and the Commission showed all the homeowners the two plats. Ms. Jones asked what kind of fences would they put up. . Chairman Bowen stated a fence is not required. Ms. Jones said they would be looking at back yards. Chairman Bowen said it would be side yards. Ms. Jones stated they had thought about building another house on their property some day. She said they have two two-acre tracts. Mr. Hamm said he would be glad to put up a wooden fence if that is what Ms. Jones wants. Chairman Bowen called for those wishing to speak in opposition to this replat to please come forward. . James Phillips, 7540 Bursey Road, came forward. He said the previous plat showed 4 lots, but this one shows 5 lots. He asked if the houses would be 1800 square feet. . . . Page 7 p & Z Minutes December 17, 1987 Chairman Bowen stated they would be. Mr. Phillips stated he has 166 feet frontage now, but how much would they have on the cuI de sac. Mr. Royston said approximately 54 feet, but you would have plenty of buildable property. Mr. Phillips said if they do away with the bar ditches, he does not know where the water will go. Mr. Phillips said he felt this would devalue his property and he is against it. Charlotte Cooke, 7532 Bursey Road, came forward. She said she doesn't see any advantage to this. She said she had lived there 10 years and lost her husband three years ago to cancer. She said she has 166 feet of frontage now and they want to give her a cuI de sac. Ms. Cooke said she is definitely opposed to this replat. Mr. Long came forward. He said they felt this plat would be more acceptable. He said cuI de sac lots would bring more money. Mr. Hamm came forward. He said he had gone to a great deal of expense. He said he thought this was better for him, the city, and the property owners. Mr. Hamm said cuI de sac lots are always priced higher. He said he would be glad to discuss it further with the property owners. Mr. Hamm said the quality of life is much better on a cuI de sac, but he doesn't wish to push anything through if they do not want it. Chairman Bowen called for anyone else wishing to speak to please come forward. Page 8 P & Z Minutes December 17, 1987 . There being no one wishing to speak, the Chairman closed the Public Hearing. Mr. Lueck asked who maintains the road. Mr. Royston said the city does. He said Bursey Road is a county type road. Mr. Tucker said the property owners are accustomed to what they have now and are not willing to change. Mr. Royston said the Commission could deny without prejudice and if they decided to come back in, they could. PS 87-43 DENIED Mr. Tucker made the motion to deny PS 87-43 without prejudice. This motion was seconded by Mr. Lueck and the motion to deny carried 6-0. . Chairman Bowen said he would encourage them to get together and discuss this plan. He said he agrees with Mr. Hamm about the cuI de sacs. Mr. Tricoli said with the cuI de sacs, there would be no through traffic. Mr. Lueck said someday that road might be improved and then there would be an assessment to the property owners. The next two cases will be heard together, but voted on separately. 3. PS 87-46 Request of Centex Real Estate Corp., Inc. for preliminary plat of Ember Oaks Addition. 4. PS 87-47 Request of Centex Real Estate Corp., Inc. for final plat of Ember Oaks Addition. . Dick Perkins, Teague NaIl & Perkins, came forward to represent Centex. He said Centex and Fox and Jacob are one in the same. Mr. Perkins said the Page 9 P & Z Minutes December 17, 1987 . preliminary plat is similar in nature. He said they previously had problems with the alignment of Bursey Road with the developers B. H. & L. He said he has revised the plat and now has an agreement with B. H. & L. Chairman Bowen stated there are problems with the fire hydrants with hoses around corners. Mr. Royston stated that the previous preliminary plat had two other pieces of land in it, but they have been left out of the final plat. . Mr. Perkins said he had responded to Mr. Dicken's letter and have agreed to some of his comments. He said Mr. Dickens requested they not develop the property in phases, but they do not feel they could build 150 lots at this time. He said there would be approximately 110 lots in the first phase. Mr. Perkins said there was a question about dead ending Bentwood Trail. He said they had previously showed a bubble, but they, by contract, are requiring they stub it out into their property which is presently zoned Multi-Family. He said they may come back in for R-3 or R-8 zoning. Mr. Perkins said when they previously platted, Ember Oaks Drive was shorter, but when they realigned Bursey Road, it made it longer. He said the police and fire departments do not have problems with the length of the street, just the fire hydrant coverage. Mr. Perkins stated they would install another fire hydrant. . Mr. Perkins stated that on #10, trench safety plans and specifications are being prepared according to the City guidelines by the owner's geotechnical engineer and the city should receive these plans and specs soon. Page 10 P & Z Minutes December 17, 1987 . Mr. Perkins said on #22, we request the provision of a concrete flume over the s.torm drain line "B" be reconsidered. He said they have designed the inlet and pipe to carry the 100-year flow and don't feel there is a need for it. He said any overflow which may occur for storms in excess of 100-year frequency can be handled by grading an earthen swale between Lots 10 & 11; 823, the owner of the property to our north requested this vertical alignment so as to avoid any grading on his property; 826, it is our understanding that this section of Davis Boulevard will be improved in the future and we feel it would be better served by a culvert designed and constructed in conjunction with the future improvements. He showed the Commission how he planned to build a pan across it. . Mr. Perkins said the fire department had requested they change the name of Bentwood and we have done that. He said they are ready to start work as soon as the plat is approved. PS 87-46 APPROVED Mr. Tricoli made the motion to approve PS 87-46. This motion was seconded by Mr. Barfield and the motion carried 6-0. Mr. Tucker stated there were so many variances requested, if the Public Works department has strong objection to it, we might should postpone the final. . Mr. Dickens said if it could be resolved, the Commission could pass if with the stipulations and let him and Mr. Royston work with the developers to iron out the problems. . Mr. Royston said he would not send it to the City Council until all problems are resolved. Mr. Lueck said he would like to hear both sides. Page 11 P & Z Minutes December 17, 1987 . Chairman Bowen stated it would have to be resolved between the developer and the City Staff. Mr. Royston stated the only variance the Commission could work out is the length of that street. PS 87-47 APPROVED Mr. Tricoli made the motion to approve PS 87-47 subject to the Engineer's comments. This motion was seconded by Mr. Barfield and the motion carried 6-0. 5. PS 87-49 Consideration of State Department of Highways and Public Transportation 1988-1992-Urban System Program. . Mr. Royston said the State Department has informed the city that they have re-instituted a program to aid the cities in construction of selected streets; a fund of 100 million dollars. He said he has compiled a list of streets from the Thoroughfare Map which are proposed 4-lane or larger streets. Chairman streets: Bowen read the list of 1. Watauga Road 2. Bursey Road 3. Browning Boulevard 4. Industrial Park Blvd. 5. Smithfield Road 6. Hightower Drive 7. Rumfield Road Mr. Barfield asked why Holiday Lane was not considered. Mr. Royston stated that the section of Industrial Park Boulevard would take the load off Holiday Lane to Industrial Park Boulevard to Watauga Road. He said that is the section of Industrial Park Boulevard which is on the list. . Page 12 P & Z Minutes December 17, 1987 . PS 87-49 APPROVED Mr. Tucker made the motion to adopt the Staff's recommendation and send it on to the City Council for approval. This motion was seconded by Mr. Barfield and the motion carried 6-0. 6. PZ 87-25 Request of Larry & Patricia Ashley to rezone Tract AIA, John McComas Survey, Abstract 1040, from its present classification of AG Agriculture to R-l Single Family. This property is located at 7608 Hewitt Drive. Chairman Bowen opened the Public Hearing and called for those wishing to speak in favor of this request to please come forward. . Larry Ashley, 7608 Hewitt Drive, came forward. He stated he needs this zoning so he can get a building permit to build a garage. Mr. Ashley stated he has one acre and will be coming in with the plat soon. 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 87-25 APPROVED Mr. Tricoli made the motion to approve PZ 87-25. This motion was seconded by Mr. Tucker and the motion carried 6-0. 7. PZ 87-26 Request of Dale & Mildred Jones to rezone Tract 3Cl, William Mann Survey, Abstract 1010, from its present classification of AG Agriculture to R-2 Single Family. This property is located at 7140 Hightower Drive. . Mr. Royston stated this case is similar to the previous case in that they needed a building permit and the property had not been zoned or platted. Page 13 P & Z Minutes December 17, 1987 . PZ 87-26 TABLED . ADJOURNMENT . Chairman Bowen opened the Public Hearing and called for those wishing to speak in favor of this request to please come forward. Mrs. Calvert stated that Mr. Jones was contacted about the meeting. There being no one wishing to speak in favor of this request, the Chairman 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. Mr. Tucker made the motion to table PZ 87-26 until such time that Mr. Jones could be present. This motion was seconded by Mr. Schwinger and the motion to table carried 6-0. The meeting adjourned at 9:00 P. M. ~¿~ Chairman Planning & Zoning Commission ission