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HomeMy WebLinkAboutPZ 2006-03-16 Minutes MINUTES OF THE MEETING OF THE PLANNING & ZONING COMMISSION OF THE CITY OF NORTH RICHLAND HILLS, TEXAS MARCH 16, 2006 1. CALL TO ORDER The meeting was called to order by Chairman Richard Davis at 7:04 p.m. 2. ROLL CALL PRESENT Chairman Richard Davis Don Bowen Ken Sapp Randy Shiflet Scott Wood Brenda Cole Secreta ry ABSENT Vice Chair Ex-Officio Bill Schopper Mike Benton CITY STAFF Dir. of Planning & Development John Pitstick Asst. Dir. of Public Works Greg Van Nieuwenhuize Recording Secretary Holly Blake 3. PLEDGE OF ALLEGIANCE 4. CONSIDERATION OF MINUTES FROM THE FEBRUARY 16,2006 MEETING APPROVED Randy Shiflet, seconded by Ken Sapp, motioned to approve the minutes of February 16, 2006. The motion carried unanimously (6-0). Page 1 of 10; 03/16/06 P & Z Minutes 5. RP 2005-09 CONSIDERATION OF A REQUEST FROM WIER & ASSOCIATES ON BEHALF OF FRISCO HEALTH INVESTMENTS LP TO APPROVE THE REPLAT OF LOTS 5, 6, 7, 8 & 9, BLOCK 7, RICHFIELD ADDITION TO LOT 5R & 6R, BLOCK 7, RICHFIELD ADDITION (LOCATED IN THE 6800 BLOCK OF RUFE SNOW -10.032 ACRES). APPROVED John Pitstick presented RP 2005-09. This is a replat to reduce the lots from 5 to 2 in order to build a nursing home. This property is zoned C-1 Commercial and is located on Rufe Snow Drive, north of Chapman Drive. There is a requirement for additional right- of-way on Rufe Snow Drive which is shown on the replat. The Comprehensive Plan designates this for retail and related uses. The proposed medical nursing center on one of the lots is consistent with the plan. There is a 15-ft. temporary drainage easement that either needs to be designated as a permanent drainage easement or removed. Staff recommends approval. Euless Lane with Weir & Associates, 6849 Elm Street, Frisco, Texas, commended Staff for their cooperation and help on this replat. Chairman Davis stated that the replat could be approved as submitted with the word "temporary easement" changed to "permanent easement" or deleted completely. Mr. Shiflet asked why there is an access easement designated for the south, but not for the north. Mr. Lane stated that the property to the north is a large tract with multiple access points and is not a consistent use with the nursing home project. Weir & Associates would like to control the access on their site and the property to the south is part of the overall development, but the property to the north is not. Ken Sapp, seconded by Scott Wood, motioned to approve RP 2005-09 with the stipulation that the temporary easement either be reclassified as a permanent easement or eliminated. The motion carried unanimously (6-0). 6. SP 2005-11 CONSIDERATION OF A REQUEST FROM WIER & ASSOCIATES ON BEHALF OF FRISCO HEALTH INVESTMENTS LP TO APPROVE A SITE PLAN FOR NORTH RICHLAND HILLS NURSING CENTER (LOCATED IN THE 6800 BLOCK OF RUFE SNOW DR. - 4.147 ACRES.) APPROVED John Pitstick presented SP 2005-11. The applicant is proposing to develop a nursing home. It will be a 125 bed skilled nursing facility with five wings. The applicant is Page 2 of 10; 03/16/06 P & Z Minutes sho~ing. the re~uired .right-~f-way. It will be a single story residential looking structure. ~arkln~ IS provide? with a sln~le entryway and a fire lane. The landscaping and fencing IS provided showing a required 6-ft. masonry wall dividing the adjacent residential subdivision and a 15-ft. landscape buffer. Chairman Davis stated that the Commission would like to make sure the access easement that is shown on the site plan is correctly reflected on the landscape plan as well. Currently they do not match where the 24-ft. access stubs out. Euless Lane with Weir & Associates, 6849 Elm Street, Frisco, Texas, stated that he will have that corrected. Scott Wood, seconded by Randy Shiflet, motioned to approve SP 2005-11 with the stipulation that the landscape plan be amended to show the stub out. The motion carried unanimously (6-0). 7. SP 2005-12 CONSIDERATION OF A REQUEST FROM HALBACH DIETZ ARCHITECTS ON BEHALF OF DAVIS PROFESSIONAL PARTNERS, LLC TO APPROVE A SITE PLAN FOR HOME TOWN MEDICAL OFFICE BUILDINGS (LOCATED IN THE 6200 BLOCK OF DAVIS BLVD. -1.503 ACRES). APPROVED John Pitstick presented SP 2005-12. This property is located just north of the Home Town entrance on Bridge Street. The applicant is proposing two single story, 5,000 sq. ft. medical office buildings. The current zoning is Town Center zoning. Normally when commercial is adjacent to residential a 6-ft. masonry wall is required. In Town Center zoning there is no requirement for a masonry wall. However, the applicant is providing extensive landscaping for buffering. Staff recommends approval. Ed Childress, SD Engineering, Inc., P.O. Box 1357, Aledo, Texas, was present representing the applicant. Chairman Davis asked Mr. Childress to change the wording on the site plan from wood buildings to stone buildings. Mr. Sapp asked the applicant about the lighting. Typically when there is residential adjacent to commercial, the lighting must be shielded or directional. Mr. Sapp would like to see that added to the site plan. Mr. Sapp also asked Mr. Childress for an explanation of their thought process regarding access from this property to Caladium Drive. Mr. Childress answered that it is to allow access back over to Bridge Street which has a signalized intersection onto Davis Boulevard. Page 3 of 10; 03/16/06 P & Z Minutes Chairman Davis asked if the monument sign located at the southernmost section of Caladium Drive is necessary. Mr. Childress explained that the developers of Home Town wanted a sign at that location for the people in Home Town to know about the buildings and the businesses available in the buildings. The developers wanted interaction with the' residents of Home Town and that monument sign provides information for those people. Chairman Davis stated that he believes there are too many signs for this site plan. The City normally doesn't allow three monument signs on a single lot. Mr. Davis recommended that the applicant remove the southernmost monument sign. Mr. Shiflet commented that maybe a smaller monument sign at Bridge Street would be more appropriate for directional reasons. Ms. Cole suggested that the applicant move the monument sign on the north side of the driveway to the south side of the drive to give it more visibility. Ken Sapp, seconded by Brenda Cole, motioned to approve SP 2005-12 with the stipulations that the site plan be amended to state that the buildings would be stone rather than wood; a notation added to the site plan that there will be appropriate shielding for the lighting, and that this Commission recommends eliminating the southernmost monument sign and moving the Davis Boulevard monument sign to the south side of the driveway. The motion carried unanimously (6-0). 8. RP 2006-01 CONSIDERATION OF A REQUEST FROM ADAMS ENGINEERING ON BEHALF OF RICHLAND RETAIL, L.P. TO APPROVE THE REPLAT OF LOTS 2R, 2R-1, 2R-2 & 2R-3, BLOCK 5, BRENTWOOD ESTATES ADDITION (LOCATED IN THE 8700 BLOCK OF NORTH TARRANT PARKWAY -10.04 ACRES). APPROVED John Pitstick presented RP 2006-01. This site is currently zoned C-1 "Commercial". The reason for this replat is to reconfigure the lots for future development. The Comprehensive Plan designates this area for retail and the proposed layout is consistent with the Plan. Public Works has provided a letter stating that this is consistent with the City's Subdivision Regulations. Staff recommends approval. Lance Hoffman, 500 Nolen Drive, Suite 550, Southlake, Texas was present representing the applicant. There were no questions or discussion from the Commission members and the Chairman called for a motion. Page 4 of 10; 03/16/06 P & Z Minutes Brenda Cole, seconded by Scott Wood, motioned to approve RP 2006-01. The motion carried unanimously (6-0). 9. RP 2006-02 PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM ANA CONSULTANTS, L.L.C. ON BEHALF OF SCOTT KUNKEL TO APPROVE THE RESIDENTIAL REPLA T OF COLLEGE ACRES ADDITION, LOT 6 TO KINGSTON ESTATE ADDITION, BLOCK 1, LOT A, AND LOTS 1-6 (LOCATED IN THE 8000 BLOCK OF GREEN VALLEY DR. - 2.09 ACRES). CONTINUED John Pitstick presented RP 2006-02. The current zoning for this property is R-3 "Single Family Residential". The applicant is requesting six lots and a small common area lot. Staff required street alignment with Ember Oaks Drive which created a secondary lot. The six lots meet the City's R-3 requirements with the exception of Lot 4. There is a letter provided requesting a waiver on the lot depth for Lot 4. The applicant has also provided an exhibit that shows a pad site that could meet the requirements for R-3 zoning. Chairman Davis opened the public hearing and asked the applicant to come forward. Osama Nashed, 5412 Caribon Ridge Drive, Ft. Worth, Texas was present representing the applicant. Chairman Davis asked Mr. Nashed if he was aware that two of the lots, Lot 4 and Lot A, do not meet the subdivision rules and regulations. Lot A does not have the appropriate width or depth. Lot 4 does not have the appropriate depth. Mr. Nashed responded that Lot A is not residential and it will be dedicated to the Homeowners Association for a common area. He stated that a waiver is being requested for Lot 4. Chairman Davis asked Mr. Nashed if he had looked at any other layouts for Lot 4 in order to get the appropriate depth. Mr. Nashed responded that the only way to get the appropriate depth for Lot 4 is to shrink the remaining lots. Chairman Davis explained that Lot 4 will have a very small backyard and that it will be difficult to build on Lot 1 because of the side entry building line. Mr. Nashed explained that Lot 1 has a 90-ft. lot width. With the 25-ft. building setback next to Green Valley Drive it still leaves a very good pad site for a house. All of these homes will be custom built homes and the pads will be adjusted to save as many trees as possible. The owner will ive in one of these lots. Chairman Davis reminded the applicant that the R-3 zoning controls the depth, the size of the lots, and the size of the homes. The Commission cannot make the applicant change the zoning, but the Commission does have an obligation to make sure the layout meets the City's subdivision rules and regulations. As submitted it doesn't. Page 5 of 10; 03/16/06 P & Z Minutes Mr. Nashed explained that is why the owner is asking for a waiver. The only other option is to push all the lots to the top to a minimum and that would give Lot 4 more room. Mr. Nashed stated that if the Commission looks at the exhibit for Lot 4 it shows a 5,000 sq. ft. pad. There is a way to make it work. Mr. Wood asked if the applicant was aware that in College Acres there are four homes on eight acres, yet, this request is for six homes on two acres. Mr. Wood stated that this request doesn't go with the rest of the subdivision. Mr. Nashed responded that it does go with the homes across the street. Don Mims, 7936 Green Valley Drive, came forward. Mr. Mims stated that the amount of homes proposed is too many and too crowded. He stated that it will cause drainage problems for the surrounding neighborhood. Mr. Mims is asking the Commission to delay this plat until something better is presented by the applicant. Chairman Davis explained to Mr. Mims that this subdivision will have to meet subdivision rules and regulations regarding drainage. The developer will have to contain the water on their property and discharge it into an appropriate drain facility. Before any lots are built a detailed drainage improvement plan has to be submitted to the Public Works Department for approval. If the plat met the subdivision rules and regulations, this Commission would have very limited ability to delay anything; however, this particular submittal does not meet the subdivision rules and regulations. Dennis Paul, 8044 Green Valley Drive, came forward. He stated that there are covenants that cover the usage of this property and that there are issues to be resolved regarding dividing up this property. Mr. Paul requested that the Commission table this case until those issues could be resolved. Mr. Paul also has concerns about drainage. Chairman Davis explained that Staff and Commission received a copy of a letter from an attorney regarding the deed restrictions and covenants. He explained that the City has no right or obligation regarding compliance of any deed restrictions or covenants. Chairman Davis also explained that a drainage analysis would have to be done and asked Mr. Van Nieuwenhuize to come forward to explain the process. Greg Van Nieuwenhuize, Assistant Director of Public Works, stated that on residential properties one property can drain onto the next but they are not allowed to increase the amount of water. For the most part, residential properties are designed to drain immediately to an acceptable drainage outfall such as a public right-of-way or drainage easement. On this plat, the drainage is configured so that the majority of the drainage goes to Green Valley. The backyards of Lots 5 and 6 are projected to drain to the south. That is acceptable under our subdivision ordinance. The rest of the water would be picked up in Green Valley Ct. and then drained to the north. The street is curbed, and then beyond the curb the right-of-way is angled up such that the right-of-way along with the street will be able to carry the water from a hundred year rain event. The water that is on Lot A, which is a much smaller area than Lot 6, would drain to the northeast. There Page 6 of 10; 03/16/06 P & Z Minutes would be some water onto Mr. Paul's property, but it would be significantly less than what he is getting now. Chairman Davis added that the applicant would have to provide a drainage and grading plan to substantiate that. Mr. Paul stated that the plan that the applicant has submitted is out of character for the homes on the south side of Green Valley Drive. Mr. Paul explained that he had concerns about screening, landscaping, and the increased traffic that will occur. Chairman Davis announced the names of citizens that filled out comment cards but did not wish to speak. Rebecca Paul, against. Peggy Alvey, against. Trish Kidd, against. Mr. Sapp asked Mr. Pitstick about the adjacent property line and what provisions there are for screening and landscaping. Mr. Pitstick stated that the subdivision ordinance doesn't require screening between residential properties. Mr. Sapp asked Mr. Pitstick if the Commission has any authority to ask for or require screening. Mr. Pitstick responded no. Only if it is a site plan or a planned development. The applicants, Scott and Fonda Kunkel, 7812 Red Oak, came forward. Mr. Kunkel asked the Commission if one lot were removed, would that make a difference. Mrs. Kunkel added that the builder they have chosen also builds in Forest Glenn West. Those are $400,000 homes. Chairman Davis asked the name of the builder. Mrs. Kunkel stated Mark Mikhail, Royal Kingdom Builders. Mr. Sapp stated that estate size homes typically fall into R-2 zoning and typically have side entry garages. Mr. Sapp believes that it would be difficult to sell a $400,000 home with a front entry garage. Mr. Kunkel responded that the builder did not plan on front entry garages. Mr. Sapp stated that for side entry garages, the lots need to be wider. Mrs. Kunkel stated that one lot has already been eliminated. Chairman Davis responded that one less lot does help the case. By doing that, it makes the lots wider, giving an R-2 size, even though the property is zoned R-3. This would allow room for the side and rear entry garages that are being proposed. This Commission cannot make the applicant change the proposal; however this Commission can make recommendations based on what the applicant wants. Mr. Bowen stated that this is a replat and if this was reconfigured to meet all the requirements of an R-3 zoning, this Commission would not have any choice but to approve it. The issue here is Lot 4. Mr. Shiflet asked about the name of the street. Mr. Shiflet and Chairman Davis both agree that the name of the street should match what is already there. Page 7 of 10; 03/16/06 P & Z Minutes Chairman Davis asked if there was anyone else wishing to speak in regards to this replat. Rebecca Paul, 8044 Green Valley Drive, came forward. Ms. Paul stated concerns about the curb and that there is nothing there to slow or stop traffic. Mr. Wood asked Mr. Paul if it would be acceptable to eliminate Lot 4 and add width to the other lots creating five homes. Mr. Paul stated no. Two homes would be acceptable. This plan shows a street 20-ft. away from his home. Chairman Davis asked Mr. Paul what his side building line was. Looking at the aerial view it looks like it may be 45-ft. Mr. Paul believes that the City should find a way to provide the privacy that he has currently before allowing this project to move forward. Mr. Sapp explained that due to the type of homes that are being proposed, the landscaping and other concerns are going to be similar to those of Mr. Paul. Chairman Davis asked Mr. Kunkel about a Homeowner's Association. This Commission suggests a great deal of landscaping in Lot A with a homeowner's association maintaining it. Are there any thoughts about fencing? Mr. Kunkel responded that natural fencing is a good idea and would make a good buffer. Chairman Davis asked about fencing along the east property line. Mr. Kunkel responded that natural shrubs would be better. Mr. Sapp commented that when Lot 4 is taken out, the center line for the court can be moved further west. The lot depths are fine with the exception of the cul-de-sac. This will allow for more landscaping and possibly elevate some concerns of the future neighbors. Chairman Davis stated that this Commission has two options this evening. The plat can be approved as submitted or it can be denied as submitted. It may be to the applicant's benefit to ask to withdraw at this time and bring back a configuration of five lots with some additional information about the homeowner's association. It can be brought back to this Commission on April 6, 2006. Osama Nashed and Mr. and Mrs. Kunkel requested that RP 2006-02 be tabled until April 6, 2006. Chairman Davis stated that he is not closing the public hearing but asking for a continuance to April 6, 2006. Mr. Kunkel asked Chairman Davis what the reason would be not to approve this. Chairman Davis responded that the lots are non-conforming. Ms. Cole stated that there are many reasons why Lot 4 doesn't work. If you ever need to deliver an exhibit for a building pad, it really needs to look like some form or fashion of a house so the front garage setback can be seen. It allows your ideas to be seen visually. The way this is currently drawn with the 13-ft. backyard and the 7 ~ -ft. utility Page 8 of 10; 03/16/06 P & Z Minutes easement that leaves 6 %-ft. An open patio slab can't even fit back there. In the cul-de- sac, 50-ft. is not enough to get Lot 4 into R-3 regulations. That would have only given the applicant 108-ft. In regards to Lot A for common area, please address irrigation. Scott Wood, seconded by Brenda Cole, motioned to continue RP 2006-02 to April 6, 2006. The motion was carried unanimously (6-0). 10. PZ 2000-38 R5 PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM LAWRENCE A. CATES AND ASSOCIATES, LLP TO APPROVE A "PD PLANNED DEVELOPMENT" SITE PLAN FOR WACHOVIA BANK (LOCATED IN THE 8400 BLOCK OF PRECINCT LINE RD. - 2.8828 ACRES). APPROVED John Pitstick presented PZ 2000-38 R5. This is the fifth revision to the original PD for the Wal-mart tract. This revision involves Lot 3 on the corner of Precinct Line Road and North Tarrant Parkway. The applicant is proposing a 4,000 sq. ft. Wachovia Bank facility. The proposed building is complimentary to that of Wal-mart and consistent with the quality of design for the area. It will be an aluminum glass and brick single story arched roof design. The building is oriented eastward towards Precinct Line Road. The immediate corner on Precinct Line Road and North Tarrant Parkway will be left vacant. A trash dumpster is not included on the site plan. The applicant has stated that the bank shreds all of its papers and uses an independent trash service for that. There is no direct access from this site from Davis Boulevard or North Tarrant Parkway. The applicant will be using the existing access points. The applicant is proposing two wall signs and one monument sign. Chairman Davis opened the public hearing and asked the applicant to come forward. Bryan Burger, 14800 Quaram Drive, Dallas, Texas was present representing the applicant. Mr. Wood asked how long the one-acre corner area will remain vacant. Mr. Burger responded that it will remain vacant as long as Wachovia stays there. The property is deed restricted to only have one building constructed on that lot. It was worthwhile for Wachovia to have this site so they have went ahead and purchased 2-% acres and are willing to leave 1-acre vacant. Mr. Wood asked how Wachovia was going to maintain the vacant portion of the land. Will it be irrigated? Mr. Burger stated that it will remain as it is with no irrigation. Mr. Wood stressed that this property is located on a main corner and needs to be irrigated. Mr. Sapp agreed. Mr. Burger agreed to irrigate the vacant area. Page 9 of 10; 03/16/06 P & Z Minutes Chairman Davis explained to Mr. Burger that there is a requirement by the City franchise agreement that trash must be hauled off by the City franchise holder. He stated that the applicant is allowed to shred documents and contract that out, but any other trash would need to be hauled off by the City franchise holder. The Chairman also noted that there are comments on the site plan about some dead trees that need to be removed. The Chairman then closed the public hearing and called for a motion. Scott Wood, seconded by Brenda Cole, motioned to approve PZ 2000-38 RS with the stipulation that the vacant area be irrigated and maintained, and that a notation be added to the site plan that any dead trees must be removed. The motion was carried unanimously (6-0). 11. ADJOURNMENT The chairman adjourned the meeting at 8:31 p.m. Chairman C9\·~J)~B- Richard Davis Page 10 of 10; 03/16/06 P & Z Minutes