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HomeMy WebLinkAboutPZ 2006-04-20 Minutes MINUTES OF THE MEETING OF THE PLANNING & ZONING COMMISSION OF THE CITY OF NORTH RICHLAND HILLS, TEXAS APRIL 20, 2006 1. CALL TO ORDER The meeting was called to order by Chairman Richard Davis at 7:00 p.m. 2. ROLL CALL PRESENT Chairman Richard Davis Don Bowen Ken Sapp Randy Shiflet Scott Wood Brenda Cole Bill Schopper Mike Benton Secretary Vice Chair Ex-Officio CITY STAFF Dir. of Planning & Development John Pitstick Asst. Dir. of Public Works Greg Van Nieuwenhuize Recording Secretary Monica Solko 3. PLEDGE OF ALLEGIANCE 4. CONSIDERATION OF MINUTES FROM THE MARCH 16,2006 MEETING APPROVED Brenda Cole, seconded by Randy Shiflet, motioned to approve the minutes of March 16,2006. The motion carried unanimously (7-0). 5. SUP 2006-01 PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM CHRIS RECKER TO APPROVE A SPECIAL USE PERMIT FOR ADVANTAGE AUTOWORKS (LOCATED AT 6432 DAVIS BLVD.). Page 1 of 10; 04/20/06 P & Z Minutes APPROVED John Pitstick summarized SUP 2006-01. This property is located in the 6200 block of Davis Boulevard. It is zoned C2 and the applicant is requesting approval for a paint body shop at this location. The Comprehensive Plan calls for retail uses for this area, however, industrial uses surround this property. The applicant has proposed to build an approximately 12,000 SF facility with nice architectural features, a fire lane around the facility, and landscaping in the front. There is an existing metal building on the rear portion of the property. The applicant plans to extend a fire lane to this building and add a masonry façade in order to use this building for future expansion. Staff has studied the area, which is generally in the Smithfield corridor. This building will be a significant improvement in terms of architectural features for this area. Chairman Davis opened the public hearing and asked the applicant to come forward. Chris Recker, the applicant, came forward. Chairman Davis stated that the site plan calls for a "future screening wall for storage of vehicles". He asked Mr. Recker if he is planning on building that screening wall now or someday in the future. Mr. Recker replied that he plans to build a small screened area in the rear of the property that will hold approximately 10 to 12 vehicles. He stated that in the future, if he had the need, he would build a larger area. Chairman Davis explained that only what is approved on the site plan can be built. He recommended that the applicant remove "future" from the site plan and build a screening wall for vehicle storage, 8 ft. tall, with no vehicles visible from Davis Boulevard. Mr. Recker asked if it would be a problem if he decided to go smaller on the screening wall. The Chairman replied that smaller would be ok, but he couldn't go larger than what was approved on the site plan. Mr. Bowen asked that the metal building be dimensioned so that the size is clearly stated. Mr. Sapp asked the applicant to describe the nature of his business. Mr. Recker replied that he has owned a shop with his brother in Dallas since 1990. They specialize in antique and classic auto restoration. His work has been featured in at least 30 magazines including Mustang Monthly and Hot Rod Magazine. He specializes in restoring 1950's and 1960's classic cars such as Chevy Mustangs, Corvettes, Camaros, and 1955 T -Birds. He also sells and restores classic Coca-Cola machines and vintage gas pumps. He does collision work on new cars, but his ratio is about 70% classic and 30% collision. He repairs Ferrari's for a well known Ferrari dealer in Dallas. He plans on reproducing a classic 1940's or 1950's gas station inside, with old Coca-Cola machines, gas pumps and an old Chevy Mustang. Chairman Davis commented that this is not going to be a typical paint and body shop. Mr. Recker replied no. He stated that previous cliental have included Lee Ann Rimes and about six Dallas Cowboy members. He stated that he plans to build a far better looking facility than anything found on Davis Boulevard. Page 2 of 10; 04/20/06 P & Z Minutes Chairman Davis stated that this was a public hearing and asked if anyone wanted to speak in favor or opposition for this special use permit? As there were no others wishing to speak, the Chairman closed the public hearing and asked for a motion. Randy Shiflet, seconded by Ken Sapp, motioned to approve SUP 2006-01 with the stipulation that the word "future" be removed from the site plan regarding the 8- ft. masonry wall around vehicle storage and this area cannot exceed 55 ft. x 120 ft. Chairman Davis asked for any other discussion. Ms. Cole stated that since the building is set back far from Davis Boulevard, she could support a cedar fence. Mr. Sapp concurred with Ms. Cole, as the property sits back approximately 200 ft. from Davis. He also stated that currently there is a lot of vegetation to the north, however, this area is part of the Smithfield Development District, and as a train station is developed and the vegetation goes away, some kind of screening to the north will be needed. He was not concerned with the interior part of the screening. He asked what type of wall was used by the other paint and body shop in the area. Mr. Recker stated that Sterling Paint and Body Shop has zero masonry. It is 100% chain link fence. Chairman Davis asked if it was chain link with fabric infill. Mr. Recker replied that it was all chain link. He stated that he is not a multimillion dollar corporation. He is an individual with a dream to open a body shop here in North Richland Hills where he is a resident. He would like to keep it as cost effective as possible, so if he could do something with cedar he would prefer to, but he was willing to do what was required by the Commission. Chairman Davis asked if he could construct masonry posts with cedar infill, which would bring the cost down. Mr. Schopper suggested metal posts with cedar panel. Chairman Davis commented that they need to remember that the property to the north is zoned 1-2 Industrial and a heavy type user could move in next to the railroad tracks. He stated that the applicant will have spent a lot of money for a masonry wall way off of Davis Boulevard. Mr. Sapp stated that there was a swamp in that area. Mr. Recker stated that there is 30-year-old vegetation surrounding the entire property on both sides. He stated that once constructed, the building will hide the vegetation. Mr. Schopper stated that he supported some sort of screening wall but that it didn't have to be masonry. Chairman Davis asked the commission member that made the motion if he would amend the motion from masonry to 8 ft. screening fence. Mr. Shiflet agreed. Mr. Sapp asked if "screening wall" means "you can't see through it". Chairman Davis replied that was correct. Mr. Schopper recommended a chain link fence with fabric infill. Chairman Davis commented that chain link with panels could be done, but he would rather have the applicant commit to the cedar fence with metal posts. Mr. Recker stated he would rather do the chain link with the panels, but was willing to compromise with cedar if necessary. Mr. Sapp and Ms. Cole both agreed that chain link would be fine because Page 3 of 10; 04/20/06 P & Z Minutes the property is set so far back that there is no need for the applicant to spend that kind of money. Mr. Schopper commented that the fence is for security more than screening. Mr. Shiflet restated his motion: Mr. Shiflet, seconded by Mr. Sapp, motioned to approve SUP 2006-01 with the stipulation that the word "future" be removed from the site plan so that it reads: "A screening wall for vehicle storage, 8 ft. tall, no vehicles visible from Davis Boulevard and this area shall not exceed 55 ft. by 120 ft. maximum". The motion carried unanimously (7-0). 6. RP 2006-03 PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM ABS SURVEYING ON BEHALF OF THE PROPERTY OWNERS TO APPROVE A RESIDENTIAL REPLAT OF LOTS 13, 14, 15, 16, AND 17, BLOCK 2, W.E. ODELL ADDITION TO LOTS 13R1, 13R2, 14R1, 14R2, 15R1, 15R2, 16R1, 16R2, 17R1, AND 17R2, BLOCK 2, W. E. ODELL ADDITION (LOCATED IN THE 8000 BLOCK OF ODELL). APPROVED John Pitstick summarized RP 2006-03. This is a request from individual property owners on Odell Street. The existing plat shows 60 ft wide lots that run between Odell Street and Mickey Street. They are requesting to subdivide, so that one lot will front on Mickey Street and the other will front on Odell Street. They are giving us 10ft. of right- of-way for Mickey Street. This property is zoned R3 and they are requesting a variance for 60 ft. wide lots. Our current ordinance requires a 70 ft. wide lot for R3. There have been changes from some ZBA cases for approval in this area. We are seeing some redevelopment in this area and they are requesting a replat. They have also provided an exhibit to show that they can get the minimum 1,800 SF house on each lot. Chairman Davis opened the public hearing. Ken Brawley, ABS Surveying, came forward. Chairman Davis asked if there is split ownership on some of these lots. Mr. Brawley replied yes. Lots 13 and 14 are whole lots and the rest were split already. Chairman Davis stated that even though these lots should not have been split, it was done; it's common practice with big lots. He asked for clarification that the Commission is looking at one plat for seven entities, with correct dimensions for each lot. Mr. Brawley answered yes. Chairman Davis asked for any questions for the applicants' representative. Chairman Davis asked if there were anyone wishing to speak in favor of the plat request? Page 4 of 10; 04/20/06 P & Z Minutes Tom Kilpatrick came forward. He stated that he owned property on Hewitt Street which was close to the property in question. He wanted it noted that he was in favor of the request. Chairman Davis asked if there was anyone else wishing to speak in favor of the request? Jackie Bean came forward. She stated that she was a owner of lots 15B, 16B, and 17B and would like the permission to have the lots replatted so that they could build some nice homes and improve the neighborhood. Chairman Davis asked if there was anyone else wanting to speak in favor of the request or in opposition of the request. As there were no others wishing to speak, the Chairman closed the public hearing and asked for any comments or additional information that the commission might need. Chairman Davis called for a motion. Don Bowen, seconded by Scott Wood, motioned to approve RP 2006-03. Mr. Pitstick asked that the variance request be included as part of the motion. Chairman Davis clarified that the motion did include the plat as submitted which includes the variance. Mr. Bowen and Mr. Wood concurred. Chairman Davis asked for discussion. Mr. Sapp stated that it is important to understand why the variance is justified. This situation involves multiple owners and the way this has been handled up to this point is each individual property owner has had to go to the Zoning Board of Adjustment to get an individual variance and what this is doing is providing a convenience and a short cut to the process to get it done in a more expedient fashion. Chairman Davis called for the vote. The motion carried unanimously (7-0). 7. ZC 2006-04 PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM ROYAL BUILDING CORPORATION AND COMIS DEVELOPMENT CORPORATION FOR A ZONING CHANGE FROM "AG" AGRICULTURAL TO "R2" RESIDENTIAL (LOCATED IN THE 6800 BLOCK OF SIMMONS RD. -2.1759 ACRES). APPROVED John Pitstick summarized ZC 2006-04. This was a previous request that came before the Planning and Zoning Commission and went to City Council for a portion of R1 and R2 that was denied by the council. Now the applicant has come back for a zoning request of R2 Residential. In our Comprehensive Land Use Plan, R1, R2 and R3 are Page 5 of 10; 04/20/06 P & Z Minutes considered low density residential. This request meets our Comprehensive Land Use Plan and for that reason, staff is recommending approval. Chairman Davis asked if there were any questions. Being none, Chairman Davis opened the public hearing and asked the applicant to come forward. Mark Comis, Reeves Royal Homes, came forward. Mr. Comis pointed to an exhibit that specified the surrounding zoning of his property. He stated to the south of the property is zoned R2, to the north over the railroad tracks is primarily R3, and to the west is zoned RI-PD. He stated that the property is surrounded by low density residential. The lots are oversized for R2 zoning. The average lot square footage is 10,996 SF, which is almost 2,000 SF larger than R2 minimums. He stated they anticipate building homes in the $300,000 range on the proposed property. Chairman Davis called for any questions for the applicant. Being none, Chairman Davis asked if there was anyone wishing to speak in favor of this request. As none came forward, Chairman Davis asked if there was anyone wishing to speak in opposition of this request. Erika and Richard Muzquiz came forward. Mrs. Muzquiz stated that the traffic was very crowded and it would be harder to get to their home because they live on a dead end street. Her biggest concern is taxes and the value of her property going down because of the $300,000 houses. She stated that building eight houses is too many for that piece of property. She is also concerned with sewer service. She presently has a septic tank and asked if the developer would be on septic or sewer. Chairman Davis responded that sewer lines would be in place; that was part of the platting process that they would discussed further on the next item. Mr. Muzquiz commented that when he bought his house the selling point was the country-like atmosphere. As time has gone on, developers have come in, turning country into city. He asked how wide the lots were going to be? Chairman Davis stated they were approximately 74 or 75-ft. wide. Mr. Muzquiz was concerned with the houses being too close together. Chairman Davis asked if there were any questions or additional comments. He asked if there was anyone else wishing to speak in opposition of this rezoning request? Ralph Schwab, came forward. He stated for the record that he was opposed to the request same as Mr. and Mrs. Muzquiz. He stated by building these homes the country-like atmosphere would be lost. He went on to say that as a construction worker he felt the applicant needed to cut down on the number of proposed lots. He would rather have them build bigger houses then too many on that small piece of property. He also commented that the traffic was really crowded at this time and adding more homes would definitely cause more backups. Page 6 of 10; 04/20/06 P & Z Minutes Chairman Davis asked if there was anyone else wishing to speak in opposition of this zoning request. Being none, Chairman Davis allowed the applicant a one minute rebuttal. Mr. Com is, came forward. He stated that there were plans on improving the street, not just for enhancing the development, but also so that drainage could be captured and sent back to the drainage channel behind the development. He stated that the RI-PD behind them was more dense then what they were proposing. He also wanted to clarify that the houses being built were an average of $300,000; some would be less and some more. Mr. Shiflet asked if the street improvements were for half of the street. Mr. Comis stated that was correct. Chairman Davis closed the public hearing and asked for a motion. Randy Shiflet, seconded by Don Bowen, motioned to approve ZC 2006-04. The motion carried unanimously (7-0). 8. PP 2006-02 CONSIDERATION OF A REQUEST FROM ROYAL BUILDING CORPORATION AND COMIS DEVELOPMENT CORPORATION TO APPROVE THE PRELIMINARY PLAT OF LOTS 1-8, BLOCK 1, CREEKSIDE ESTATES ADDITION (LOCATED IN THE 6800 BLOCK OF SIMMONS RD. - 2.1759 ACRES). APPROVED Chairman Davis explained that this was the preliminary plat for the zoning request discussed in the previous case. John Pitstick summarized PP 2006-02. The applicant is requesting to build eight lots on the property. Currently R2 requires 72 %-ft. width by 11 O-ft depth. They are requesting a variance on all the lots. Lot 1 is more critical. It is basically 52-ft wide and has two front yards with Amundson Drive and Simmons Road. For lot 1 they are requesting a variance on the width at the rear and then lots 2-8 are requesting a width variance but generally lots 2-8 meet at the 11 O-ft depth. Staff recommends approval of PP 2006-02. Chairman Davis asked if there were any questions. As there were none, Chairman Davis asked the applicant to come forward. Mark Comis, with Reeves Royal Homes, came forward. He stated that they build several home plans with the deepest plan being 86-ft. He stated they would have no problem accommodating a plan with the exception of lot 1. Page 7 of 10; 04/20/06 P & Z Minutes Chairman Davis stated that if the applicant changed the plat to 7 lots there would no variance request, it would probably meet the R2 requirements, and the public would probably be happier with that result. He asked Mr. Comis if he was aware of that? Mr. Comis answered yes. Chairman Davis then asked if they were any thoughts of why he couldn't put in 7 lots? Mr. Comis replied that when they originally laid out the plan they did not anticipate having to give up frontage for Amundson Drive. He stated they did look into 7 lots but eventually they felt that 8 lots were the best fit for the project. Chairman Davis asked if there were any questions for the applicant. Being none, Chairman Davis called for a motion. Scott Wood, seconded by Don Bowen, motioned to deny PP 2006-02. Chairman Davis asked for any discussion. Mr. Bowen stated he would prefer to meet the ordinance on this project. He felt that it would be a better fit if the applicant would change the lots to 7. Chairman Davis stated that by just looking at the plat the deciding factor was that lot 1 was too small. Mr. Sapp asked if the commission denied the preliminary plat then the applicant would have to come back with an alternate plat? Chairman Davis stated that was correct, unless the one who made the motion has an alternative to include a stipulation in the denial. Mr. Wood stated he was denying the preliminary plat as submitted. Chairman Davis stated they could have a secondary motion after denial if direction was to be given. Chairman Davis asked Mr. Pitstick if that was correct? Mr. Pitstick clarified if the applicant went to 7 lots and had no variances, then the applicant did not have to come back with a preliminary plat; he could come back with a final plat. Chairman Davis stated they would deny the plat as submitted, but would allow a preliminary plat approval if there were only 7 lots and no variances. Mr. Sapp stated before we vote on the motion, could we ask the applicant if he would be willing to amend the lot number in order to comply with the subdivision ordinance? Chairman Davis asked the applicant to come forward. He explained that there is a motion to deny the preliminary plat as submitted. He asked the applicant if he would be willing to amend the plat to 7 lots? Mr. Com is said that their preference would be 8 lots. He stated he could make it work with 7 lots. He would need to discuss it with the seller of the property, but felt they could make it work. Chairman Davis asked if the motion and second would be willing to withdrawal their motion? Mr. Wood and Mr. Bowen both agreed to withdraw their motion. Chairman Davis called for a new motion. Page 8 of 10; 04/20/06 P & Z Minutes Scott Wood, seconded by Don Bowen, motioned to approve PP 2006-02 with the stipulation that the plat be brought down to 7 lots and lots meet all subdivision rules and regulations and no variances. Ms. Cole commented that two-thirds of this property was surrounded by R2 and R3. She stated that the applicant was in line with three quarters of his surrounding neighbors on parts of Stewart and Amundson, but lot 1 was what killed the project. Chairman Davis called for all in favor of the motion. The motion carried unanimously (7 -0). 9. PP 2005-17 CONSIDERATION OF A REQUEST FROM GSWW, INC. ON BEHALF OF HOWE- WOOD & COMPANY TO APPROVE THE PRELIMINARY PLAT OF LOTS 1-6, BLOCK 1, DAVIS POINTE ADDITION (LOCATED IN THE 7100 BLOCK OF DAVIS BLVD. --4.293 ACRES). APPROVED John Pitstick summarized PP 2005-17. This is an odd shaped triangular lot zoned C1 on Davis Boulevard with Turner Road access. The developer is requesting a preliminary plat on 6 lots and is requesting a waiver on a couple of lots because of the topography and configuration. The first waiver is on lots 5 and 6. The applicant is asking for a variance from 25-ft. to 15-ft. setback on Turner Road. All lots will have sidewalks with the exception of lot 1 which the applicant is also requesting a waiver due to configuration. They are asking to escrow the sidewalk funds for lot 1. Staff recommends approval for PP 2005-17. Chairman Davis asked if there were any questions for staff. Mr. Sapp asked since this was within 200-ft if there would be a site plan? Mr. Pitstick replied that was correct and each of the lots would require site plan approval from Planning and Zoning Commission as well as City Council. Chairman Davis asked if there were any other questions. Being none, Chairman Davis asked the applicant to come forward. Jackey Fluitt, with GSWW, Inc., came forward. He wanted to clarify that the request for setbacks were for the rear of the buildings. He stated it would be constructed as frontage but with no parking. The buildings would be fronting Davis Boulevard. Chairman Davis asked if there were any questions for the applicant. Being none, Chairman Davis called for a motion. Page 9 of 10; 04/20/06 P & Z Minutes Bill Schopper, seconded by Brenda Cole, motioned to approve PP 2005-17 including the waiver request on the building line on lots 5 and 6 and to allow escrow on lot 1 for future sidewalk. The motion carried unanimously (7-0). 10. PP 2006-03 CONSIDERATION OF A REQUEST FROM NORTH FOUR DEVELOPMENT TO APPROVE THE PRELIMINARY PLAT OF LOTS 1-23, BLOCK 1, LA FONTAINE ADDITION (LOCATED IN THE 7700 BLOCK OF DAVIS BLVD. -4.21 ACRES). APPROVED John Pitstick summarized PP 2006-03. This is a recently approved residential infill planned development. There is an adjacent RI-PD to this property. They were recently approved on their zoning request with a concept plan. This a preliminary plat but they will be returning with a final plat and a final site plan. Staff is recommending approval. Chairman Davis asked if there were any questions. Being none, Chairman Davis called for a motion. Brenda Cole, seconded by Bill Schopper, motioned to approve PP 2006-03. The motion carried unanimously (7-0). 11. ADJOURNMENT The chairman adjourned the meeting at 7:56 p.m. Chairman C9,-~J)~Ö Richard Davis Ken Sapp Page 10 of 10; 04/20/06 P & Z Minutes