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HomeMy WebLinkAboutPZ 2008-08-21 MinutesMINUTES OF THE MEETING OF THE PLANNING & ZONING COMMISSION OF THE CITY OF NORTH RICHLAND HILLS, TEXAS August 21, 2008 1. CALL TO ORDER The meeting was called to order by Chairman Randy Shiflet at 7:00 p.m. 2. ROLL CALL PRESENT Chairman Randy Shiflet Vice Chairman Bill Schopper Don Bowen Mike Benton Ex-Officio Dianna Madar ABSENT Mark Haynes Steven Cooper Kelly Gent CITY STAFF Chief Planner Eric Wilhite Assistant Planner Chad VanSteenberg Assist. Director of Public Works Greg Van Nieuwenhuize Recording Secretary Gina Harner 3. PLEDGE OF ALLEGIANCE Dianna Madar led the pledge of allegiance. 4. Consideration of minutes from the July 17, 2008 meeting. Page 1 of 11; 08-21-08 P & Z Minutes APPROVED Bill Schopper, seconded by Mike Benton, motioned to approve minutes from July 17, 2008 meeting. The motion was carried unanimously (4-0) Mark Haynes, Kelly Gent and Steven Cooper were absent. 5. FP 2008-05 Consideration of a Request from Doug Terry of Alamo Ventures Inc. to Approve a Final Plat of Lot 4-A, McMurray Addition (Located in the 3800 Block of Dawn Drive-0.231 acres). Ernest Hedgcoth with Ernest Hedgcoth Consulting Engineers, 5701-C Midway Rd, Fort Worth, came forward representing the applicant. There are lots that have already been platted on the North and South side of this lot. This lot was left with only 63 feet which leaves them a little short of the 65 feet that the city requires. They are requesting a variance for the 2 feet they are short. They are building on the property to the south and once the platting on this property and the other house is complete they will move forward with this lot. They will be putting in sidewalks and will be tapping the water system for the water service line. We have worked with staff and satisfied all requirements. Chairman Shiflet asked if the only variance they were requesting was for the 2 feet they are short on the required 65 feet? Mr. Hedgcoth said yes. Chairman Shiflet asked if this was all residential? Mr. Hedgcoth said yes. It is zoned residential now. Eric Wilhite came forward and stated that this a pretty straight forward final plat other than the variance request by section 110-42. Section 110-42 allows some exceptions to be done on platting based on certain conditions or physical surroundings. This is a parcel that was subdivided by deed and is surrounded by previously platted lots. It is zoned R-3. They are asking for the deviation for the 63 feet. The house that will be built will meet the R-3 standards. The square footage of the lot far exceeds R-3 requirements. Staff has reviewed and there will be a sidewalk that has to go in and some water line. This lot meets all subdivision rules and regulations and staff recommends approval. L1PPRnVFI~ Bill Schopper seconded by Don Bowen, motioned to approve FP 2008-05. The motion was carried unanimously (4-0) Mark Haynes, Kelly Gent and Steven Cooper were. absent. Page 2 of 11; OS-21-OS P & Z Minutes 6. FP 2008-08 Consideration of a Request from R.T. Koonce to Approve a Final Plat of Lot 19, Block 1, Flamingo Estates Addition (Located in the 7200 Block of Eden Road - 1.4143 acres) John Morgan, Moak Land Surveyors, 1105 Cheeksparger Rd, came forward representing the applicant. The applicant is requesting for the final plat in order to build a house on this lot. Chairman Shiflet asked if there was a house on the lot now? Mr. Morgan said yes but the existing house would be torn down. They had to plat the lot in order to get their building permit. Eric Wilhite came forward and stated that his property is located in the 7200 Block of Eden Road. It is a large parcel of land that is surrounded by smaller subdivided pieces of property. Recently it went through a zoning change from AG to R-1-S. It is 1.41 acres so it meets the zoning requirements. There is right of way dedication for Eden Road. Staff has reviewed the request and it does meet all subdivision rules and regulations based on R-1-S zoning and recommends approval. APPROVED Mike Benton, seconded by Don Bowen, motioned to approve FP 2008-08. The motion was carried unanimously (4-0) Mark Haynes, Kelly Gent and Steven Cooper were absent. 7. ZC 2008-10 Public Hearing and Consideration of a Request from North Richland Hills Baptist Church to Approve a Zoning Change from C-1 -Commercial to U -Institutional on five lots in the Parchman Addition (Located between Parchman St. and Vance Rd. on Boulevard 26.) Public Hearing opened 7:11 p.m. Ernest Hedgcoth with Ernest Hedgcoth Consulting Engineers, 5701-C Midway Rd, Fort Worth came forward representing the applicant. This is part of an expansion plan for the parking lot area. They will be changing from the Vance Rd address to Boulevard 26 to give the church more exposure to the 40,000-50,000 cars that drive down that street a day. They found that a lot of people were not aware of where they were located. The church tore down the old Eckerd's and cleaners and that will now be a portion of the parking lot and wilt be landscaped. They are requesting the zoning change so that they can put a new sign up. They have a monument that will be similar to the one that is in front of the church on Vance that will be a decorative structure. They are working with staff to re-plat the property into one lot. Page 3 of 11; 08-21-08 P & Z Minutes Eric Wilhite came forward and stated that staff has reviewed the site plan. The church has owned all of this property for a long time. The larger portion is the section that is zoned U where the church sanctuary and parking exists. They are requesting the zoning change to tie this other section into the existing property. They are also currently going through the re-plat process. Commission and City Council will see that once we get some issues worked out. Staff has reviewed this request and it will give them the ability to add the signage they are wanting. Staff recommends approval. Mike Benton asked how far back the large monument sign would be? Eric Wilhite said that it would be setback 35 feet to meet the minimum building setback line. The small monument sign that will have the electronic changeable message on it will be able to be set closer as long as it is out of the visibility triangle. Public Hearing closed 7:11 p.m aPPRnvFn Bill Schopper, seconded by Mike Benton, motioned to approve ZC 2008-10. The motion was carried unanimously (4-0) Mark Haynes, Kelly Gent, Steven Cooper were absent. 8. SUP 2008-06 Public Hearing and Consideration of a Request from Cubellis Architects/Engineers, representing CEC Entertainment to Approve a Special Use Permit for the expansion to the existing Chuck E. Cheese's structure located at 7935 Boulevard 26. Public Hearing opened at 7:13 p.m. Alan Kelly with Cubellis Architects Engineering Firm, 1750 Valley View Ln, came forward representing the applicant. In request for the Special Use Permit for the 2,430 square foot expansion in front of the building and the exterior modifications. Chairman Shiflet asked if he was familiar with the previous SUP request. David Steffen with Cubellis Architects Engineering Firm, 1750 Valley View Ln, came forward representing the applicant. I submitted the original expansion that was going to go out the side of the building when TXDOT was involved. CEC has gone back and looked into other buildings they were expanding. They found that by actually expanding out the front rather than the side would allow them to put in more games. This expansion would give them more room for the skills games for the kids. Page 4 of 11; 08-21-08 P & Z Minutes Chairman Shiflet said that there were some conditions that were set at that time of the previous Special Use Permit that will also be applicable and Eric will address those in a moment. Mr. Steffen said yes and they have met with Eric and staff and have met all of the landscaping and additional sidewalk requirements on Birchwood and Boulevard 26. They also have the pole sign that City Council had showed to move and now they are proposing to put a new monument sign in that same location. Mr. Schopper asked if there were some drainage issues with the parking lot on the adjacent properties? Mr. Steffen said yes. CEC went out with their contractor a couple weeks ago and they have replaced and put in a new curb to prevent water from draining towards the residents' property. Mr. Schopper asked if they replaced just the curb or the entire parking area? Mr. Steffen said that they added a new curb and came out about 20 feet and re- asphalted it so that the drainage was coming away from the residents' properties. Mr. Schopper asked were there any permits pulled for this work? The city has got a concern regarding the elevation and how it will drain and whether it will create bird baths. Mr. Steffen said that Eric had sent them a letter stating that CEC and their contractor needed to submit proper documents to the city. To my knowledge they have made contact with the city. Mr. Schopper asked if this is a matter that we need to address as part of the SUP or would it be considered a separate issue? Eric Wilhite said that it is a concern with staff that we get that addressed. We went ahead and moved forward out of courtesy to move this case forward. They would like to have this addressed before it is heard in front of City Council. It was mentioned during the first SUP and City Council and City Management are aware that parking lot improvements were done and not permitted. We need to make sure that we don't run into any more issues with the overlay that caused the drainage onto the properties in the first place. We are pretty confident that CEC will get us this information but we just want to make sure that everyone is aware. Mr. Steffen said that he has seen emails that were sent to the contractor to make sure that he gets with the city to get this done. Mike Benton asked if there are any surveyed elevations of that parking lot? Page 5 of 11; 08-21-08 P & Z Minutes Mr. Steffen said that when they originally proposed the expansion on the side they had a topographic survey completed on that project. This has been given to CEC. Mike Benton asked if this was done after the new parking lot and curbs were redone? Mr. Steffen said no. This was done about 6-12 months ago before the parking lot work was done. I am making the assumption that CEC gave that information to the contractor so that he could determine the grades from there. Mike Benton asked if this is something that the city needs to have I would like to make a condition that we get some information on the elevation of the parking lot to make sure that we won't have any problems. Mr. Steffen asked if he wanted it as it is today? Mike Benton said that he just wanted to make sure that there won't be any issues with flooding for the neighbors behind. Mr. Steffen said that he went out to the job and thinks that the contractor did a good job on the curb. I didn't see it with it pouring down rain but as of now it appears that everything is draining the way it should be. Mike Benton said that sometime when they place those curbs they will hold water against the curb and then that would be another issue for the neighbors. Chairman Shiflet said that he would suggest that CEC get with staff to find out when this information should be turned in to allow time to get in packets for City Council. Eric Wilhite came forward and stated this SUP comes before you again as an amendment or revision to the previously approved SUP that went through Council in December 2007. When the applicant came back before the Development Review Committee it was because the previous SUP was going to have the expansion going out from the side. They now will be coming out from the front of the building. Everything that was shown on the previous SUP the applicant is now indicating on this particular site plan that will supersede the previous one. There is the landscape setback, the plantings, the shrubs and trees on both street frontages and sidewalks. They've actually increased the parking lot landscaping compared to the previous SUP and that also includes reorienting the dumpster. All of those conditions including the monument sign that was a condition that was put on by City Council on the previous SUP and is being indicated on this site plan that will be attached to this SUP. Part of the SUP was to bring into conformance with the land use code but they are also requesting the SUP process for a masonry variance to use more than the 15 % non- masonry product which would be the stucco. This will also include the masonry variance for facade elevations with the non-masonry product. Staff has worked closely with them and thinks that this will be a good addition. They are working with the Building Inspections department with the Building Official and also the Fire Department. Page 6 of 11; OS-21-OS P & Z Minutes This is non SUP related but I want the audience to know that there won't be any after hours outdoor work being done during the expansion. Staff has reviewed with site plan that is being presented and we recommend approval. Cynthia Main, 7913 Birchwood, NRH, asked when the work on the building would be done? Last time they were working at night and waking the neighbors up at all hours of the night and early morning. The only way they could get it to stop was to call the police every night. Bill Schopper asked if there are hours they are allowed to work? Eric Wilhite said that there are restricted hours which depend upon daylight savings time. They can work 7 a.m. to 7 p.m. Monday through Saturday and no work on Sunday. This has already been discussed at the DRC. We are doing what we can up front to try to prevent this from happening. During the preconstruction meetings and the construction inspection review process we will be sure to strongly address this with the contractors and applicant. Ms. Main asked if they would be throwing trash outside at 1:00 or 2:00 am like they did previously? Eric Wilhite said that we can't guarantee that they won't but we will be on top of it even more. Ms. Main said that she thinks that this needs to be stressed to the contractors because they had no consideration for the residents. Eric Wilhite said that if the police are unable to get them to stop then there are other things that can be done for non-conformance of the ordinances. The building inspectors can hold up their inspections. Ms. Main also said that there is a Cottonwood tree that roots come up and stop up the neighbors plumbing. They have to go out and dig it out because they can't get CEC to do anything. Is there anyway we can get that removed? Eric Wilhite said that he would allow the applicant to address this issue. We don't have any ordinances on private sewer line unless it is a sewer main. Mr. Stephen said that he can go back to CEC and let them know that there is a problem with the root system on the tree. Chairman Shiflet said that anything that is done tonight is just a recommendation and on September 8th they will have the opportunity to go before City Council with the same concerns. Public Hearing closed at 7:27 p.m Page 7 of 11; OS-21-OS P & Z Minutes APPROVED Mike Benton, seconded by Bill Schopper, motioned to approve SUP 2008-06 with the addition of having the spot grade survey for parking lot turned in to city staff by August 29, 2008 in order to go before the City Council. The motion was carried unanimously (4-0) Mark Haynes, Kelly Gent, Steven Cooper were absent. 9. SUP 2008-04 Public Hearing and consideration of a Request from Allen Samuels Realty, Inc. to Approve a Special Use Permit for an Automobile Dealership located at 7820 NE Loop 820 and 4500 Booth Calloway Road. Public Hearing opened at 7:31 p.m. Herb Cross, C.W.A. Construction, 8801 Woodway Drive, Waco, TX, came forward representing the applicant. The property is located at the corner of N.E. Loop 820 and Booth Calloway. We are requesting a Special Use Permit for automobile dealership and parking of vehicles on existing paved services on this property. There is no new paving proposed. We do propose to install a screening fence adjacent to the residential areas and will meet all standards. We are asking to not have to deal with the 15 foot landscape buffer until the property is further developed. Chairman Shiflet asked if all they were wanting was to continue using the property as they are now and put in a new 6 foot masonry fence where you adjoin the residential on the south. Mr. Cross said yes. This case is stemmed from the next case as well. The next case will be taking multiple properties and making them into a single property and closing the roads that go through there. Chairman Shifet asked about the closing of Blackman and Lynn Terrace roads. Mr. Cross said that City Council has already approved for the roads to be abandoned. Eric Wilhite said that the roads have not been abandoned yet but will be when the plat goes through to the City Council and the right-of-way is purchased by Applicant. Right now they have just been closed by ordinance but they were never abandoned. This is the next step. Chairman Shiflet asked if this would be the next item that they will consider if this is approved? Eric Wilhite said yes. There was a plat that has been going through the process for awhile now. It has finally come to a conclusion where it could be platted. Part of that is this particular piece of property is being used as is indicated on this exhibit. Right now alien Samuels is not planning to expand the dealership as far as it relates to more Page 8 of 11; 08-21-08 P & Z Minutes structures or automotive servicing. This will simply bring them more into conformance since they have been using their property for ancillary parking and storage for their vehicles. If at any time they wish to expand the paving or add a dealership structure to this particular site they would have to come back through to revise the SUP. It is important to get the masonry screening wall put in that is required by ordinance. Because of some of the existing conditions out there such as not having irrigation and the parking lot that is along there now, they request that at this point and time that they not have to do the 15 foot landscape buffer plantings. They will be parking only on the existing paved surfaces and they will be putting up a barrier to keep people from parking on grass. The ordinance is to have masonry fence in and pipe bollards and everything that is indicated on this exhibit will be part of the conditions. They are not planning on doing anything more that what the current land use is now which is vehicle storage. We are encouraging them to work with the adjoining neighbors to take down their existing fences. Chairman Shiflet said that the masonry screening wall will back up to the north side of Mary Frances? Eric Wilhite said yes. John Crawford, 7809 Mary Frances, NRH, TX ,asked if this would affect any of the property north of Mary Frances? Chairman Shiflet said that at this time all that they are requesting to do is add the 6 foot masonry fence. Mr. Crawford said that on the notice he received it showed that it came up to the yards of the people on the other side of Mary Frances. Eric Wilhite said that the reason the notices were sent out for the other side is because they were within the 200 foot notification zone which caught the other side of Mary Frances. Don Bowen said that the use of the property is not going to change it is going to stay as it is as the SUP is written for vehicle storage. If they decide to put in a dealership or sell out to a dearlership they will be required to get a SUP. Chairman Shiflet said that would be another public hearing and those within 200 feet would be notified by law. Marian Crawford, 7809 Mary Frances, NRH, said that they were under the impression that they were going to build on that lot. Chairman Shiflet said that this request has not construction except the fence and the bollards to keep them on the pavement. Page 9 of 11; 08-21-08 P & Z Minutes Ms, Crawford asked if they were aware that there was a sewer system where the fence is presently. Is that going to be moved one way or the other? Eric Wilhite said that the fence would be to the north of the sewer line. They will have to locate that specifically so that they won't put the footings and smaller piers. Typically the sewer lines are deep enough that the fences don't affect them. It will be more on their side than yours. They will be taking down your fence and putting up a nice 6 foot masonry fence that will be cast concrete panel. Ms. Crawford asked if it would be concrete? Eric Wilhite said yes. They are concrete panels. There are no other structures being added. They will only have the existing building on the lot. They will have to come back before commission if they decide to add anything further to the site. Sherry Able, 7813 Mary Frances, NRH, TX asked about the placing of the fence. It is being said that they will be placing the fence to the north of the existing fence but is asking the residents to take down their existing fences? Eric Wilhite said we are asking the applicant to work with the residents to be able to take down their existing fences to into the masonry wall. But many times it ends up with the fences being back to back. Ms. Able said that she was concerned about tying her side of the fence into it with her animals. Eric Wilhite said that a lot of times they have their masonry fence and the residents have their existing fence and hope that someone gets in there to maintain between the fences or take down the residents' existing fences and close it in. Ms. Able asked if the closure of the side fence to the masonry wall would be their responsibility? Eric Wilhite said yes. Public Hearing closed at 7:43 p.m. APPROVED Bill Schopper, seconded by Mike Benton, motioned to approve SUP 2008-04. The motion was carried unanimously (4-0) Mark Haynes, Kelly Gent, Steven Cooper were absent. 10. RP2008-06 Page 10 of 11; OS-21-08 P & Z Minutes Consideration of a Request from Allen Samuels Realty, Inc. to Approve a Replat of Lot 1, Block C-R, Lynncrest Addition and a portion of Lot 1•R, Block C-R, Lynncrest Addition (Located at 7820 NE Loop 820 and 4500 Booth Calloway Road - 10.319 acres). Chris Blevins, Brittain and Crawford Land Surveying, 3908 South Freeway, Fort Worth, TX ,came forward representing the applicant. Basically as previously discussed this plat is to take in Blackman and Lynn Terrace and the portion of the remaining old plat. The state had already taken a portion off of the front of it so it was already smaller than on the previous plat. They are just trying to clean it up by combining it all into one solid lot that they could either build or sell at a later date. Eric Wilhite came forward and stated that this has been a long process for Allen Samuels Realty Group and the consultants involved because of the right of way closure of streets, the abandonment of the streets and the purchase of the streets by Allen Samuels. Public works has diligently been working on that to get the appraisals for the purchase of that property. That action will be taken by City Council to actually abandon the right of way and enter into an agreement between the City and Allen Samuels to purchase it. Therefore it will become their property. By replatting this it will clean up two lots and will be used for development or sale. It is zoned C-2 and meets all rules and regulations for C-2 and staff has reviewed and recommends approval. APPROVED Mike Benton, seconded by Don Bowen, motioned to approve RP 2008-06. The motion was carried unanimously (4-0) Mark Haynes, Kelly Gent, Steven Cooper were absent. ADJOURNMENT There being no other business, the meeting adjourned at 7:47 p.m. Chairman ~ G Randy Shiflet Secretary QI on Bowen Page 11 of 11; 08-21-08 P & Z Minutes