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HomeMy WebLinkAboutPZ 2008-09-04 Minutesr MINUTES OF THE MEETING OF THE PLANNING 8 ZONING COMMISSION OF THE CITY OF NORTH RICHLAND HILLS, TEXAS SEPTEMBER 4, 2008 1. CALL TO ORDER The meeting was called to order by Chairman Randy Shiflet at 7:07 p.m. 2. ROLL CALL PRESENT Chairman Randy Shiflet Secretary Don Bowen Mike Benton Steven Cooper Kelly Gent Ex-Officio Dianna Madar ABSENT Vice Chairman Bill Schopper Mark Haynes CITY STAFF Dir. of Planning & Development John Pitstick Chief Planner Eric Wilhite Assistant Planner Chad VanSteenberg Assist. Director of Public Works Greg Van Nieuwenhuize Recording Secretary Teresa Koontz 3. PLEDGE OF ALLEGIANCE Don Bowen led the pledge of allegiance. Page 1 of 7; 09-04-08 P & Z Minutes 4. Consideration of minutes from the August 21, 2008 meeting. APPROVED Don Bowen, seconded by Steven Cooper, motioned to approve minutes from August 21, 2008 meeting. The motion was carried unanimously (5-0). 5. RP 2008-03 Consideration of a Request from The Glory Chinese Baptist Church to Approve a Replat of Lot 1 and 2, Block C, College Hills Addition (Located in the 6100 Block of Holiday Lane -8.8379 acres) Lu Soloman, pastor of Glory Chinese Baptist Church, 3941 Parchman St, NRH, TX, came forward. Mr. Soloman stated the church was established in 1999 and due to growth in their congregation they need additional space. Eric Wilhite stated this is a replat of an 8.8 acre lot located in the 6100 Block of Holiday Lane. They are proposing to replat Lots 1 & 2 but will build the church on Lot 1. Staff has reviewed the process with the applicant and it meets all the subdivision rules and regulations for a replat and recommends approval. The public infrastructure will be 100% assumed by the applicant. Don Bowen asked if the church will be rezoned institutional? Eric Wilhite answered many times it is encouraged to do so. According to the Permitted Land Use Table, places of worship are permitted by right in any zoning district, but due to time and budget constraints, they have requested not to rezone at this time. APPRnVFf~ Kelly Gent, seconded by Mike Benton, motioned to approve RP 2008-03. The motion was carried unanimously (5-0). 6. ZC 2008-06 Public Hearing and Consideration of a Request from Victor Noble and Barry Walling to Approve a Zoning Change from R-3 to R2 (0.894 ac); AG to R-2 (0.784 ac); and C-1 to R-2 (1.943 ac) (Located in the 8200 Block of Sayers Lane). Chairman Shiflet opened the Public Hearing at 7:13 p.m. Page 2 of 7; 09-04-OS P 8 Z Minutes Ed Kellie, Kellie Engineering, 200 Rufe Snow, Keller, TX, came forward. He explained that the two owners, Victor Noble and Barry Walling of Westrom and Walling Development are present this evening. Mr. Noble has owned the tract to the west for about twenty years with mixed zoning of R3 and AG. The other tract was commercial and at one time a part of a larger tract extended to the east and is now owned by Westrom & Walling. We are proposing to rezone the 3.7 acres and consolidate it into the R2 Zoning and in subsequent cases represented tonight to consider platting into 5 residential lots under the R2 Zoning District. Eric Wilhite stated this was a zoning change request to turn a tract that was formerly commercial and rezone and clean the existing tracts to develop single family detached residential. He explained that part of the tracts were mixed zoning and staff recommends approval as there are no issues with the rezoning. He stated Parcel One has access and frontage onto Sayers Lane, Parcels Two and Three have access to Forrest Lane. Parcel Three, while not having direct access or frontage onto Forrest Lane, will have access via a mutual access easement that is being platted. Staff has reviewed and recommends approval. Doug Curry, 7469 Timberhill, NRH came forward with concerns about the flood run off on the proposed lots and how it would be affected. Eric Wilhite stated that from a planning perspective, drainage issues have to be taken care of regardless of the land use or zoning therefore it would be substantially less impacted as single family residential rather than commercial. Ed Kellie addressed the drainage on the site. The southern portion of the large lot zoned commercial is basically a flood plain area. At least 35% of the lot will be designated as flood plain; therefore no building would be permitted in the flood plain area or change to the existing drainage patterns. He stated there is a lot of pipe storm drainage from Forrest Lane and subdivisions to the west. The east lot on Forrest Lane immediately north, has two large storm drains and another from the west which all discharges into an open channel from other subdivisions. All that has been considered, the building pad sites are being elevated so the sheet flow drainage will not affect the building pad sites. On Mr. Noble's property a drop inlet is being installed to collect sheet flow that comes to the corner of his property and tying into the existing storm drain systems. He stated they have worked with City Staff for several months to make sure the drainage is adequately addressed. Chairman Shiflet stated from personal knowledge, he is very aware of the drainage issues this subdivision has had in the past. There have been many improvements over the past year and drainage will still remain a concern but it will be more advantageous to your neighborhood to add homes rather than commercial building. Page 3 of 7; 09-04-08 P 8 Z Minutes Don Bowen explained to Mr. Curry if he looks at what is identified as Lot 3, that is one residential lot. Lots 1 and 2 will both be subdivided into two lots. Greg Hester, 8205 Sayers Lane, NRH ,came forward asking if another street will join to Sayers where it currently dead ends? Chairman Shiflet said no. Don Bowen stated access to a large lot will be through an access easement from Forrest Lane. Mr. Hester asked if this was for single family only? Don Bowen said yes, single family. Chairman Shiflet closed the Public Hearing at 7:24 p.m. APPR(~VF1~ Don Bowen, seconded by Mike Benton, motioned to approve ZC 2008-06. The motion was carried unanimously (5-0). 7. . PP 2008-02 Consideration of a Request from Victor Noble and Barry Walling to Approve a Preliminary Plat of Lots 9-13, Block 3, Woodbert Addition (Located in the 8200 Block of Sayers Lane - 3.621 acres). Ed Kellie of Kellie Engineering, Keller, TX came forward representing the owners. As a follow-up to the zoning change, this preliminary plat subdivided the property into five lots, two of which will have access from Sayers Lane and three of which will have access from Forrest Lane. There will be no access from Forrest to Sayers. Chairman Shiflet asked Mr. Kellie to identify the five lots and where the access will be for the interested neighbors. Mr. Kellie gave a detailed explanation of the proposed new subdivision. Eric Wilhite stated this plat does meet the subdivision rules and regulations for lot width and size and square footages for the R2 zoning. He explained that the Fire Department has been involved in the review of engineering plans and the platting so they are fully aware and have established the criteria for the design for the private access easement to serve all the lots. He also mentioned that how far back Mr. Wailing's house will be permitted to be built has been established as well to have adequate access for the fire trucks since it does not have street frontage. The existing house and shed will be removed once the new residential structure is placed on it. There will be some infrastructure with a 6" water main indicated on the utility plans and the developer will Page 4 of 7; 09-04-08 P & Z Minutes assume responsibility for the rough proportionality. Staff has reviewed and recommends approval. APPROVED Steven Cooper, seconded by Kelly Gent, motioned to approve PP 2008-02. The motion was carried unanimously (5-0). 8. FP 2008-04 Consideration of a Request from Victor Noble and Barry Walling to Approve a Final Plat of Lots 9-13, Block 3, Woodbert Addition (Located in the 8200 Block of Sayers Lane - 3.621 acres). Ed Kellie, Kellie Engineering, Keller, TX came forward representing the owners. He commented that if the audience is confused why they are seeing the same thing again, it is because the preliminary plat on a larger subdivision will be used to make sure the engineering issues can be addressed. It also gives the Planning and Zoning Commission a chance to look at something from a preliminary level and give the engineer and developer some guidance on more complex cases. Seeing this somewhat straightforward case, Staff has elected to put all the cases sequentially this evening and the final plat is the legal subdivision of the property that will be recorded at the county. Construction plans have also been approved with the final plat. Eric Wilhite stated this final plat stays consistent with the preliminary plat and does meet the subdivision rules and regulations and recommends approval. APPROVED Mike Benton, seconded by Kelly Gent, motioned to approve FP 2008-04. The motion was carried unanimously (5-0). 9. TR 2008-02 Public Hearing and Consideration of an amendment to the North Richland Hills Zoning Ordinance. Proposed amendments to Section 118-631 "Table of permitted uses" include a "pet lodging" category and removal of the "S" designation for "Assisted Living Center" in Residential Districts. Proposed amendments to Section 118-1 "Definitions" include a definition for "pet lodging" as well as an updated definition for "kennel". Chairman Shiflet opened the Public Hearing at 7:33 p.m. Page 5 of 7; 09-04-08 P 8 Z Minutes Eric Wilhite explained that Staff is requesting to amend the Permitted Land Use Table to add a category and definition of pet lodging, revise the definition of kennel and remove assisted living center from being permitted by right in single family areas R-1-S, R-1, R- 2and R-3. He explained that according to Sec. 118-1 definition kennel is being changed to correlate with the new definition for pet lodging. Currently, pet lodging would define overnight keeping of animals on site for specifically that purpose. This would not include veterinary observation for medical reasons. The definition of "kennel" currently includes pet store/veterinary clinic as a cross reference, so pet lodging and pet daycare will also be added since the land uses are inter-related. Mr. Wilhite stated amending the definition of "kennel" and adding a new definition and adding "pet lodging" to the Table of Permitted Uses in commercial zoning districts NS, CS, HC, and OC with a Special Use Permit. Staff is recommending the SUP requirement because potential sites vary and are different. The SUP will provide an opportunity to further scrutinize the request and the Planning & Zoning Commission and City Council can approve Staffs' recommendations of mitigation measures on adjacent landowners or perhaps the request fits better in another location. Regarding the "Assisted Living Center", he stated currently "Assisted Living Center" is defined seven (7) or more unrelated individuals living in a facility that provides care in a quasi-residential facility. Due to recent case being reviewed by the Development Review Committee an applicant wanted to convert an existing single family structure into a home for 12 residents and classify it as a "personal care home", but the current definition of such classifies that this is to be 6 or fewer residents. Therefore the only category was assisted living facility and they would have to apply for a SUP. Staff feels it would be better suited to permit the "Assisted Living Center" land use in the multi- family, duplex or commercial with a SUP because it is more multi-function and with more than six residences can have negative impacts on residential neighborhoods. In addition, staff realizes this is a growing market with the age and population, but we have to be responsive and protect the existing residential neighborhoods against land uses that can have negative impacts that can not be sufficiently mitigated. Chairman Shiflet opened the Public Hearing at 7:41. He asked if there was any one wishing to speak for or against the case? Being none, he closed the public hearing and entertained a motion. APPROVED Kelly Gent, seconded by Steven Cooper, motioned to approve TR 2008-02. The motion was carried unanimously (5-Oj. Page 6 of 7; 09-04-OS P 8 Z Minutes ADJOURNMENT There being no other business, the meeting adjourned at 7:43 p.m. Chairman G ~~~ Secretary Q ~~ ~~~ Don Bowen Randy Shiflet Page 7 of 7; 09-04-08 P 8 Z Minutes