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HomeMy WebLinkAboutPZ 2005-07-21 Minutes MINUTES OF THE REGULAR MEETING OF THE PLANNING & ZONING COMMISSION OF THE CITY OF NORTH RICHLAND HILLS, TEXAS JULY 21, 2005 1. CALL TO ORDER The meeting was called to order by Chairman Richard Davis at 7:12 p.m. 2. ROLL CALL PRESENT Chairman Vice Chair Secretary Richard Davis Bill Schopper Ken Sapp Scott Wood Don Bowen Randy Shiflet Brenda Cole ABSENT Ex Officio Mike Benton CITY STAFF Director of Planning Asst. Dir. of Public Works Planning Assistant Recording Secretary Dave Green Greg Van Nieuwenhuize Carolyn Huggins Eliza Margenau 3. PLEDGE OF ALLEGIANCE 4. CONSIDERATION OF THE MINUTES OF JUNE 16,2005. APPROVED Ken Sapp, seconded by Don Bowen, motioned to approve the minutes of June 16, 2005. The motion was approved unanimously (7-0). 5. AP 2005-01 Page 1 of 11 7/21/05 P&Z Minutes CONSIDERATION OF A REQUEST FROM TODD A. BARNES AND BETTY C. RESTREPO TO APPROVE THE AMENDED PLAT OF LOTS 3R & 9R, BLOCK 6 EDEN ADDITION (LOCA rED AT 8959 AND 8963 BRADLEY DRIVE - 0.556 ACRES). APPROVED Dave Green, Chief Planner, explained that this amended plat is to make a correction to the common property line that separates Lots 3 & 9. The property owners have redrawn the property line and are asking for approval of the plat to fit the new configuration. Public Works memo states that all requirements have been met and staff recommends approval of the amended plat. Randy Shiflet, seconded by Bill Schopper, motioned to approve AP 2005-01. The motion carried unanimously (7-0). 6. PP 2005-08 CONSIDERATION OF A REQUEST FROM J&J NRH 100 FLP TO APPROVE THE PRELIMINARY PLAT OF FOREST GLENN WEST PHASE IV ADDITION (LOCATED IN THE 7900 BLOCK OF SMITHFIELD ROAD - 7.487 ACRES). APPROVED Dave Green explained that this proposal is for a residential subdivision. The new alignment of Smithfield Road north of Green Valley (road) and Green Valley Elementary School is already zoned R-2, which is the standard residential for the City of North Richland Hills. This development is consistent with other portions of residential properties including other Forest Glenn subdivisions in the area. Public Works has reviewed the preliminary plat and staff is recommending approval. Randy Shiflet asked if the old Smithfield Road will still be there and what the future holds for the road. Mr. Green responded that one portion of the road will be abandoned and the other portion will be incorporated into the proposed lots. Randy Shiflet asked if Block 14, Lot 4 and Block 13, Lot 5 will have Smithfield frontage and be allowed to put a driveway onto Smithfield Road. Mr. Green responded that Public Works is still discussing the matter. Each property will be unique and each one will be reviewed based on the impact that it will have on the traffic. Chairman Davis stated that some kind of review by Public Works should be done on those two particular lots. Chairman Davis suggested getting a stop sign by Oak Knoll Dr. and Hielscher Dr. to help with traffic. He thought that possibly a circular drive on the corner might work. Mr. Green responded that staff will review the safety concerns. Randy Shiflet, seconded by Don Bowen, motioned to approve PP 2005-08 with the stipulation that Block 14, Lot 4 and Block 13, Lot 5 driveways be subject to review by Public Works on the final plat. The motion carried unanimously (7-0). Page 2 of 11 7/21/05 P&Z Minutes 7. FP 2005-11 CONSIDERATION OF A REQUEST FROM MCCAN DEVELOPMENT CORPORATION TO APPROVE THE FINAL PLAT OF PLEASANT DREAM STREET ADDITION (LOCATED NORTH OF THE 8100 BLOCK OF BRIDGE STREET - 3.719 ACRES). APPROVED Dave Green explained that the Commission saw the preliminary plat last month under the name "Sunset Dream Street Addition". The preliminary plat was approved and upon final plat submission, staff discovered a name change was necessary to avoid confusion of streets with similar names. Public Works memo states that all issues have been resolved and staff recommends approval of the final plat. Ken Sapp questioned if there were any modifications necessary on the corner of the north/south section. Greg Van Nieuwenhuize, Assistant Director of Public Works, stated that the median on Bridge St. would be modified on the north/south section. Bill Schopper, seconded by Brenda Cole, motioned to approve FP 2005-11. The motion carried unanimously (7-0). 8. SP 2005-06 CONSIDERATION OF A REQUEST FROM B&B CUSTOM HOMES FOR APPROVAL OF A SITE PLAN FOR A SKILLED NURSING CENTER AND PROFESSIONAL OFFICE COMPLEX (LOCATED IN THE 5600 BLOCK OF DAVIS BOULEVARD- 6.601 ACRES). APPROVED Dave Green explained that the tract of land is currently vacant, zoned C-1 Commercial, and the applicant is requesting site plan approval for a 128 bed skilled nursing facility and professional office complex. Any new commercial development adjacent to an existing residential neighborhood requires site plan approval from both the Planning and Zoning Commission and the City Council. There are landscape and screening requirements. The applicant's landscape plan complies with required landscape regulations and there will be a 6-ft. masonry wall along the sides in addition to the requirement for the 15 ft. landscape setback on the front of the property line. Also there is interior screening and interior landscaping required for the parking lot. Page 3 of 11 7/21/05 P&Z Minutes The Landscape Ordinance does not permit parking or maneuvering areas to be located on the required landscape setback. On this property there is a small encroachment on the south side involving half of a parking space. There is also an encroachment on the north side. Both of these were reviewed by staff and there are only minor concerns; however, the applicant will be requesting a variance from the Landscape Review Board (City Council). The variance will be placed on the agenda of the August 8 City Council meeting and be heard prior to the plat. Note that the site plan indicates office buildings on the remaining lots and they will be constructed using the same architectural style and materials as shown for lot 5. Everything else conforms to City requirement and staff recommends approval. Chairman Davis asked about the three monument signs and if the one in the center is going to be for the skilled nursing facility. Mr. Green explained that one will be for the skilled nursing and the other two signs will advertise the offices on the remaining lots. Ken Sapp asked where the dumpster location will be with residential on three sides. Mr. Green responded that staff will address the issue and support the idea that the location be sensitive to the adjacent residential. The applicant, Breece Higgins, B&B Custom Homes, came forward and pointed out the proposed location of the dumpsters for the skilled nursing facility. Mr. Sapp disagreed with the proposed location. Chairman Davis suggested moving the dumpster to the northeast corner of Lot 2. Mr. Higgins responded that it would encroach on an easement. He stated that if the Commission agreed with a dumpster encroaching than he did not foresee any problem relocating the dumpsters. Chairman Davis approved the relocation of the dumpsters to the northeast corner area. Mr. Higgins stated that they are working with the skilled nursing facility to have the exterior walls of brick and stone matching with the office buildings. Bill Schopper, seconded by Ken Sapp, motioned for approval of SP 2005-06 with the stipulation that the dumpsters be relocated to the northeast corner of Lot 2. The motion was approved unanimously (7-0). 9. PP 2005-09 CONSIDERATION OF A REQUEST FROM B&B CUSTOM HOMES FOR APPROVAL OF THE PRELIMINARY PLAT OF EMERALD PLAZA (LOCATED IN THE 5600 BLOCK OF DAVIS BOULEVARD - 6.601 ACRES). APPROVED Dave Green explained that this is the same property that the Commission just gave site plan approval to and that the lot patterns of the preliminary plat match those seen on the Page 4 of 11 7/21/05 P&Z Minutes site plan. A memo from Public Works states that all issues and concerns have been addressed. Staff recommends approval of the preliminary plat. Chairman Davis commented that the water line easement should not need to be reconfigured just to set a dumpster. Bill Schopper, seconded by Don Bowen, motioned to approve PP 2005-09. The motion carried unanimously (7-0). 10. ZC 2005-08 PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM JOHNSON DIVERSIFIED ENTERPRISES FOR A ZONING CHANGE FROM "C1" COMMERCIAL TO "RI-PD" RESIDENTIAL INFILL PLANNED DEVELOPMENT (LOCATED IN THE 7600 & 7700 BLOCKS OF DAVIS BOULEVARD - 7.5 ACRES). APPROVED Dave Green explained that this property is located at the 7600 and 7700 blocks of Davis Blvd. and is currently vacant. It is immediately south of the recreational fishing pond property located on Davis Blvd. This request is the first Residential Infill Planned Development "RI-PD" to be brought before the Commission. RI-PD's are designed for properties that cannot be developed by a traditional urbanization process. Staff addressed different concepts and concerns when the RI-PD ordinance was adopted. The bar has been set high for others to follow as a development. Staff recommends approval of this project. Randy Shiflet asked if the applicant's design will be modified to reflect street curbs. Chairman Davis explained that the applicant's street curb design is "laid down". He stated that he believes that either design -- laid down or traditional curbing -- would structurally work. He explained that this plan is a concept plan and that there will be another hearing for the preliminary and final plats as well as a final site plan. Chairman Davis opened the public hearing. He asked the applicant to come forward. The applicant, Ben Johnson, 1712 Oak Knoll Drive, Colleyville, is the owner and president of Johnson Diversified Enterprises, Inc. He has submitted a conceptual plan and a narrative outlining the basic development. He stated that this site has been vacant for over 25 years and he believes development of the site will attract additional development in the area. He stated that the "RI-PD" District has nine requirements and this property meets eight of those requirements. Chairman Davis asked the applicant to address the issue of the entrance on Gary Drive and hopefully calm some of the neighbor's fears. Mr. Johnson stated that Gary Drive will be a gated emergency fire department access entrance only. It will be equipped with Page 5 of 11 7/21/05 P&Z Minutes sensors with bi-directional capability and the only vehicles allowed through this gate will be emergency-type vehicles. Chairman Davis opened the public hearing. Tom Connor, 14175 Proton Road, Dallas, is a trustee of the property to the south of Mr. Johnson's site. Mr. Conner is concerned about drainage onto his property. Mr. Connor commended Mr. Johnson for trying to develop the property and is not opposed but has concerns regarding drainage. Chairman Davis explained that at this point only a concept plan has been submitted but that all engineering and drainage analyses will be required during the preliminary and final plat stages. Chairman Davis advised Mr. Connor to visit with Assistant Director Greg Van Nieuwenhuize for more information. The applicant, Ben Johnson, returned to the podium to address Mr. Connor's concerns. He stated that the City requires both under and above ground drainage. Mr. Johnson explained that the water will go underground to Gary Street, and to the corner of Northfield and Gary Streets. As there were no others wishing to speak, the Chairman closed the public hearing. Ken Sapp, seconded by Scott Wood, motioned to approve ZC 2005-08. The motion was approved unanimously (7-0). 11. ZC 2005-11 PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM COZY WATER PROPERTIES, INC. FOR A ZONING CHANGE FROM "AG" AGRICULTURAL TO "R2" SINGLE FAMILY RESIDENTIAL (LOCATED IN THE 6900 BLOCK OF CLIFT STREET - 1.906 ACRES). APPROVED Mr. Green explained that this property is less than two acres in size (1.9 acres) and the applicant is proposing six lots on the property. This zoning request will be followed by a preliminary plat request. The applicant is asking for a change in zoning from "AG" Agricultural district to "R2" Residential district. Staff recommends approval of the rezoning request. The Chairman opened the public hearing for ZC 2005-11. The applicant, David Cole, 808 Tradonna Lane, Hurst, came forward and stated his request. He purchased two properties that were not marketable and wants to build houses on six lots. The first property is narrow and did not have the lot depth to do anything other than a potential house on each end. The second property was too narrow to have the required frontage. Cozy Water Properties was willing to buy both Page 6 of 11 7/21/05 P&Z Minutes properties and combine them. A house and pool were demolished from one of the properties and the proposed plan was put together. Chairman Davis called any others to the podium who wished to speak for or against this case. Alison Moseley, 6925 Clift Street, owns an acre lot. She is against the number of lots proposed by the applicant on his rezoning and plat requests. She would like for the area to remain agricultural and retain the same life style as everyone else's with nice large lots, beautiful trees, greenery, and rabbits. She does not want the face of the property to change. Robert Moseley, 6925 Clift Street, stated that he is also against the number of lots for the same reasons as stated by his wife (Alison Moseley). He feels that it is not right to put six additional homes in the area and change the area to a cookie cutter look. Kathryn Akers, 6826 Clift Street, stated that her home was built in 1997 and that a minimum 2,500 square feet, with 75% brick and sides, and rear entry garage was required. She would like to see the same specifications be required for this development. She stated that Clift Street is a small street and adding six more homes in the area would cause traffic problems getting in and out of Amundson. She would like to see this property developed as two or four lots, but not six. Randy Burton, 6921 Clift Street, stated that when his property was rezoned R-1 and platted about sixteen years ago the word "consistent" was used a lot. There are one- to two-acre lots in the surrounding area and he feels this development would be very "inconsistent" with the 1.9 acres split into six lots. He appreciates the rural setting; the street cannot stand heavy traffic. He would prefer R-1 as the minimum zoning for this development. Jane Munoz, 6901 Clift Street, stated that there are signs on these lots advertising homes to be built by Sassy Homes. She stated that Sassy is advertising a rural area and lay-out like the existing homes. The reason she bought her home was the rural area country-like setting. She believes this rural area would be destroyed if six houses are built on this site. Lori Sullivan, 6829 Clift Street, has two acres in the area. She is against the development of six lots. She would like to see two or three lots only to keep the rural, unique, setting. Eric Anderson, 6828 Clift Street, stated that his home was built in the 1940's. The area has grown with many improvements from NRH20 to the recent addition of Liberty Park. Reflecting on why this project is irritating, he believes it is because it has taken away the continuity, margin, space, simplicity, and integrity of the rural country setting. He believes six homes will not allow enough margins and that everyone needs more margins. Page 7 of 11 7/21/05 P&Z Minutes Chairman Davis announced that Ginger Burton was present but did not wish to speak and that she is against the development. Chairman Davis asked if anyone else wished to speak. Mike Brackney, 6900 Walter Street, has lived here for 35 years and was not notified by the city about this development. [His residence is beyond the 200-ft. notification area.] He is against the development of the property because he does not want six houses on 1.9 acres. He strongly opposes that much density. Melissa Holland, 6832 Clift Street, is strongly against this development. The house she lives in was built in 1968. They sit on a little over two acres. Their acreage is located in the rear of the proposed development. Since the property began to be advertised, they have had problems with people coming down the street and turning around in their field and driveway. Litter has increased. She would like the lots limited to two houses of one-acre each, which would fit into the setting of the community. Ms. Holland was concerned that residents further than 200-ft. from this development were not allowed a say in this matter. Sue Ann Sullivan, 8915 Rumfield, is the daughter of Eric Anderson, 6828 Clift Street. She believes there will be a major street problem since the street is asphalt and no major road improvements are being proposed. She stated that the area feels like you are way out there in the country. She stated that having that feeling in the middle of the city is special and she would "hate for some city slicker to come in there and tear it all apart". Chairman Davis called the applicant back to the podium to give him a chance to answer questions and make a statement. The applicant, David Cole, 808 Tradonna Lane, Hurst, returned to the podium and stated that he had received a letter from Randy Burton, 6921 Clift Street, mentioning the rural integrity of the area. Mr. Cole agreed that the area does have a rural feel but it is within and surrounded by developed areas. Mr. Cole gave a PowerPoint presentation that showed pictures of the properties surrounding his proposed development. He stated that four of the seven properties directly adjacent to his development are less than an acre in size. He stated that the usage of his development matches the Comprehensive Plan. He then explained some of the history of the property - that it was for sale for a while before he bought it. He spent $110,000 to purchase the property, $40,000 in improvements, and $15,000 to bulldoze the house on the property that was unlivable and needed to be demolished. He explained to the Commission that if he were required to rezone to R-1 he would combine lots five and six to make one lot and the remaining lots would meet the R-1 minimums so the only thing gained would be the elimination of one house on Walter Street. He stated that the request for two or three lots cannot be done. Mr. Cole Page 8 of 11 7/21/05 P&Z Minutes explained that he chose Sassy Homes to build the homes on the lots because they do not build cookie cutter homes. He has commissioned a survey of the trees and only two trees will have to be removed. He will be improving the drainage of the entire area. As much as possible will be done to minimize street disruption during construction of the homes. Ken Sapp asked if Mr. Cole had plans to increase the setbacks to maintain a rural setting. Mr. Cole responded that the lots are deep and the homes will be setback "a good ways". Lot one is the only lot that does not offer as much depth. As there were no others wishing to speak, Chairman Davis closed the public hearing. Mr. Shiflet had questions and comments regarding Clift Street which he believes is a city street that has not been brought up to city standards. Assistant Director of Public Works, Greg Van Nieuwenhuize, stated that the street is a non-improved street that doesn't have the R-O-W to meet the criteria for a residential street. With the platting of the property, the applicant is willing to dedicate the necessary amount of R-O-W. The applicant is not required by regulations to reconstruct the whole street. However, he is required to escrow the appropriate funds to do his portion and that will be handled during the platting process. Mr. Shiflet was concerned that adding more than two homes would cause street problems. Mr. Van Nieuwenhuize wasn't sure of the status of this street in regard to the capital improvement plan. Mr. Shiflet questioned whether or not the street coufd support the weight of a 75,000 pound fire truck. He believed there was a house built on Clift Street in 1997 that required the property owner to sign a waiver for fire protection since the street wouldn't support a fire truck. Scott Wood stated that he is opposed to the development. He lives on two acres and would not want this development in his area. Don Bowen suggested an alternative of R-1 zoning. Chairman Davis responded that the request would have to come from the developer. Ken Sapp stated that if R-2 zoning is approved he doesn't believe the Commission could impose any restrictions on lot size. Chairman Davis disagreed, stating that the Commission may deem six lots inappropriate due to traffic and fire protection concerns. Bill Schopper, seconded by Scott Wood, motioned to deny ZC 2005-11. Chairman Davis asked for discussion. He stated that the neighborhood is unique and a reasonable lot size is one-third to one-half acre in size in that area. He stated that there are one-acre and larger lots but by the evidence presented to the Board there are also 1 ,100 square foot homes on those acreages. A big lot does not always guarantee that it is going to be wonderful and great. Chairman Davis stated that it makes sense for R-2 zoning because of the comparison of the homes around it. He stated that the Board can control how many lots are on the preliminary plat. He explained that he will be voting against the motion to deny. Page 9 of 11 7/21/05 P&Z Minutes The Chairman called for the vote and the motion did not pass by a vote of 3-4-0 (Bill Schopper, Scott Wood and Don Bowen voted for the denial and Chairman Davis, Ken Sapp, Brenda Cole and Randy Shiflet voted against the denial). Randy Shiflet, seconded by Ken Sapp, motioned to approve ZC 2005-11. The motion carried by a vote of 4-3-0 with Chairman Davis, Ken Sapp, Brenda Cole and Randy Shiflet voting for approval and Bill Schopper, Scott Wood and Don Bowen voting against. Chairman Davis explained that a petition of opposition has no legal bearing before this Board. He explained that a copy will given to the City Secretary, who will confirm whether or not the petitioners represent 20% of the land ownership within 200-ft. of this development. If so, a super-majority vote by the Council will be required for approval of this zoning case. 12. PP 2005-10 CONSIDERATION OF A REQUEST FROM COZY WATER PROPERTIES, INC. FOR APPROVAL OF THE PRELIMINARY PLAT OF CLIFT ADDITION (LOCATED IN THE 6900 BLOCK OF CLIFT STREET - 1.906 ACRES). APPROVED Mr. Green explained that this is the preliminary plat of the zoning case just heard by the Commission. The applicant is proposing a 6-lot residential subdivision. The plat has gone through staff review and a memo from Public Works states that all requirements have been met. Staff recommends approval. Chairman Davis mentioned that the applicant previously stated that he could make it a five lot subdivision. The Chairman stated that the Commission has the ability to determine if six lots are feasible. Randy Shiflet asked if a condition to repair half the road can be added to the motion. Mr. Van Nieuwenhuize stated that City ordinance does not allow that. The ordinance only allows the City to escrow for curb, gutter, sidewalk and drainage. Ken Sapp, seconded by Scott Wood, motioned to approve PP 2005-10 with the stipulation that the number of lots be reduced to 4. The Commission discussed the reduction of the number of lots and the applicant, David Cole, came forward to respond to Mr. Shiftlet's question. Mr. Cole stated that a bar ditch will be built to maintain curb and gutter and the rural feel of the area. Mr. Cole also stated that more trees will be lost if he considers four lots. He stated that a five lot subdivision would be more supportable than four lots. Page 10 of 11 7/21/05 P&Z Minutes The Chairman then called for the vote and the motion passed 4-3-0 with Chairman Davis, Ken Sapp, Brenda Cole and Randy Shiflet voting for approval and Bill Schopper, Scott Wood and Don Bowen voting against. 13. ADJOURNMENT As there was no other business, the Chairman adjoumed the regular meeting at 9:08 p.m. Chairman Secretary C';RI'~'J)~tJ Richard Davis Page 11 of 11 7/21/05 P&Z Minutes