Loading...
HomeMy WebLinkAboutPZ 2011-05-19 MinutesMINUTES OF THE MEETING OF THE PLANNING & ZONING COMMISSION OF THE CITY OF NORTH RICHLAND HILLS, TEXAS MAY 19, 2011 1. CALL TO ORDER The meeting was called to order by Chairman Randall Shiflet at 7:02 p.m. 2. ROLL CALL PRESENT Chairman Randall Shiflet Don Bowen Mark Haynes Mike Benton Steven Cooper Ex- Officio Kathy Luppy ABSENT CITY STAFF Dianna Madar Bill Schopper Director of Planning & Dvpmt. John Pitstick Asst Director of Public Works Greg Van Neiuwenhuize Asst Planner Chad VanSteenberg Building Official Dave Pendley Recording Secretary Gina Pastre 3. Pledge of Allegiance Steven Cooper led the Pledge of Allegiance. 4. Consideration of Minutes from the April 21,2011 Planning & Zoning Commission Meeting. APPROVED Mark Haynes, seconded by Mike Benton, motioned to approve the minutes of the April 21, 2011 meeting. The motion carried unanimously (5 -0). Page 1 05/19/11 P & Z Minutes 5. SUP 2010 -03 Public Hearing and Consideration of a Request from Jerry Moody for a Special Use Permit for a Private Playground at 5425 Davis Boulevard. Jerry Moody, 5425 Davis Boulevard, NRH, came forward as applicant. The building to the south is the actual daycare. I also purchased the land and the building next door. I just wanted to develop that into a playground. If you look at the current daycare from the aerial view you will see that it is currently 10 x 50. It is really small. We purchased the daycare 6 years ago and have been trying to expand the place and hopefully bring the other building that we will eventually be meeting on up to a larger nicer daycare and get out of the steel building. I just want to open a playground at this point. Money wise this has been kind of challenge. I had spoke to Dave regarding the requirement of the city for a masonary wall. I was going to ask if there is a way to get a variance on that. With the current economic environment it is just hard to get money yet I still want to develop and move on with my property. I would like to build out as the money comes in. John Pitstick came forward and said that this is an existing daycare to the south of the private playground they are proposing. A private playground does require a SUP and as part of those requirements there is a requirement for property adjacent to residential property that there is a 6 ft masonry wall is required. There is also a landscape buffer in front required. We are also proposing that they have vinyl clad chain link fence at this location. I will point out on the site plan that we got the existing tree that sits in front. I believe it is an Elm tree. We would recommend that the side walk would cut around the tree to save the tree. We would just suggest when he does the sidewalk that he would build it 5 feet adjacent from the curb. When I went out to look at it today it falls right in the path of the sidewalk. We would recommend that under the SUP, technically there is no variance requirements unless he comes under a PD. But under SUP the applicant has to meet all the requirements including the masonry wall. landscape buffers and entry way features. As of today the applicant has provided a site plan that is in general compliance with the city zoning requirements. We would recommend approval of this with the stipulation that an irrigation system be installed in both landscape buffers and that the improvements be made within 90 days of final approval by City Council. Randall Shiflet asked if the staff recommendation would include the masonry wall and the sidewalk. John Pitstick said that the site plan as has been presented with the meandering sidewalk and irrigation also be included in the landscape buffer. We would recommend that they be built within 90 days of final approval by City Council. Randall Shiflet asked if the lot to the west was residential? John Pitstick said yes. Mike Benton asked if the masonry fence would just be on the back wall? Page 2 05/19/11 P & Z Minutes John Pitstick said yes. It would just be on backside of the proposed playground. Don Bowen asked if we even have the authority to wave the masonry wall? John Pitstick said no. Mark Haynes asked if the improvements aren't made within 90 days then the SUP is not valid? John Pitstick said yes. He will have to conform to requirements of the SUP or it is not valid. Public Hearing Open : 7:09 pm Jerry Moody came forward said that he needs more time than 90 days. Money wise and with the economy is right now. I really would need a little more time. Considering how much the masonry wall is going to cost. You can't even get a loan right now and the daycare business is one of the ones that has been hit. You see a lot of closures of business up and down on Davis Blvd. During summer time is when our income drops typically 30 -45% because most people kids come home from college and keep their kids. I would need a little more time. I really would like to have it pending and be able to put the sidewalk in when I have the extra cash. Money is a big concern and it is difficult to put out that kind of money without a loan. Mike Benton asked what kind of time he is needing? Jerry Moody said that he would like to have at least 6 -8 months. Once school recovers at that point I will have more cash. What happened is when we bought this daycare 6 years ago I made huge investments including that building and lot. I purchased $150,000 worth of buses. Trying to improve the place and money was good at that time and was not really an object and then we got hit 2 years ago and it has been difficult. I am available to show financials. I still want to develop the land and comply. I want the playground for the kids. We serve the lowest of the low income in this neighborhood and we are all government subsidy. We have the lowest rates in NRH. It is not a rich market but my goal is just to make the kids happy ultimately. Randall Shiflet asked if he is using this lot for anything at this time? Jerry Moody said no. We just use the parking lot for parking. Randall Shiflet asked John since he is asking for 6 or 8 months. That would be somewhere around the end of the year. I realize that we can make any recommendation however the staffs recommendation is 90 days is there a point as far as this SUP that he could put this on hold either here or prior to council? John Pitstick said that he would have to come back. Staff has been dealing with this issue for quite awhile. I think that we could agree to 6 months but I think that we need a time frame because we have been dealing with this for about 2 years now and I know that Mr. Moody has also. We don't have a problem with 6 months but I think that it Page 3 05/19/11 P & Z Minutes needs to be in the records so that we could move forward with this. If this is what he thinks that he needs than we certainly want to be accommodating to him but we want to move forward and get the improvements made. Mike Benton asked if there is a way that we could maybe have the sidewalk done in 90 days and with the fence give you 6 months and maybe break it up. Jerry Moody asked if anyone could give him an idea of the price of sidewalk. I haven't had a chance to price the sidewalk. There is money coming in and I just want to get this done so that I can get the playground for the kids. Randall Shiflet said that there is landscape and irrigation also that needs to be addressed. Mike Benton said that he didn't know if they wanted to break it up or should we just say 90 days or 6 months. I don't know what kind of history you have had with the city or getting things done with what you have been asked to do. Jerry Moody said I have been a bad boy. Mike Benton said that this might be something that would weigh on their decision. Jerry Moody said that he wants to move forward with this. We are paying taxes for the property to just sit. Parents come to see our facility and see our small playground and it is not a good selling point. If we have a big playground that is what kids want and we need it. Don Bowen said that rather than having a checklist with dates that probably the best thing and easier thing for the staff would be just to set a date for 6 months which would be around November 30 and make everything be done by then rather than stagger the dates. Mark Haynes said that he concurs. Jerry Moody asked about the irrigation. Since it is a low lying area actually we brought in fill dirt years ago because it is so low that when the rain came in the water just sat in the yard. In my opinion that with it being so low I don't see the reason for irrigation or the added expense. Randall Shiflet said that it is a requirement for the SUP. Public Hearing closed at 7:16 pm APPROVED Mark Haynes motioned to approve SUP 2010 -03 with the requirements of the masonry fence, landscaping and sidewalk completed by 6 months of City Council approval, Mike Benton seconded the motion. The motion carried unanimously (5 -0). Page 4 05/19/11 P & Z Minutes 6. FP 2011 -01 Consideration of a Request from Brian James for a Final Plat of Lots 1 -3, Block 2, Clift Addition (located at 6832 Clift Street- 2.237 acres.) Johnny Williams with Whitfield Hall Surveyors, 48 Stonegate Drive, Bedford, TX came forward representing the applicant. I am the surveyor who prepared the plat and I am here to answer any questions that you may have. John Pitstick came forward and stated that this is a final plat. A recent zoning change and preliminary plat for 2.237 acre tract. Will create 3 lots out of an existing unplatted tract. It was recently rezoned from AG to R -1, as part of the preliminary plat the Planning & Zoning commission had determined that the rough proportionality cost for public improvements would be $25,447.48 including future curb, gutter and sidewalks for Clift and Walter Streets. They are making application to consider rural street section as part of this. This would be considered a separate item if we do that. The rough proportionality has already been determined at this point with the preliminary plat. The applicant is also requesting a developers agreement and that would be handled by the city council. This meets all subdivision guidelines and staff recommends approval. Randall Shiflet asked about any consideration regarding the rural street or placing the lien on lot 3 will be addressed by the mayor and council? John Pitstick said yes. It will be a separate item addressed by council. The rural street section will come back through. If we approve a rural street section as part of our master thoroughfare plan we would bring that back through the Planning & Zoning commission and designate specific rural streets. If for instance this plat moved forward and we designated those as rural streets then we would remove the requirement for the future curb and gutter and payments for those. We have to go through the entire city for the rural streets. This may or may not be a candidate. Randall Shiflet asked what would be the trigger for considering rural streets? John Pitstick said dead end streets typically or 1 acre lots. Randall Shiflet asked if this is something that staff is looking at as something to bring forward? John Pitstick this has been brought to us as a result of this case. They have recommended it and we have been out there to Clift and Walter Street. They are both short dead end streets. The only way we could consider it is part of the city wide look at the thoroughfare plan. We haven't had a chance to look into this yet. If they want to bring in a petition from the neighborhood and that would stimulate us to move forward to look at that. They have made a formal request and we will consider that as separate and it does not have bearing upon this case. If he wants to move forward with the plat and build his houses than we can look at that as a future rural street. Page 5 05/19/11 P & Z Minutes Randall Shiflet said that he wanted to make sure that the information was conveyed to Mr. James that this item would be taken up separately. APPROVED Mike Benton motioned to approve FP2011 -01, seconded by Steven Cooper, The motion carried unanimously (5 -0). 7. FP 2011 -02 Consideration of a Request from Don Phifer for a Final Plat of Lot 1, Block 1, Pearl Place Addition( located at 8700 Clay Hibbins Rd- 8.001 acres.) Don Phifer with T Pearl Real Estate, 8360 Thornhill Drive, NRH, TX representing applicant and will be happy to answer any questions. John Pitstick came forward and stated that this is a final plat. This was previously an 8 acre tract that was zoned R -2. They have recently come forward and got approval for an RI -PD for an 8 acre estate. This will be a 26,000 square foot estate with pool house and future guest quarters. The preliminary plat was approved with rough proportionality determination that cost for public improvements would be $19.027.05 for Clay Hibbins. The cost was established as part of the preliminary plat and will be required to either construct or pay city for future infrastructure. Plat meets all guidelines and staff recommends approval. APPROVED Steven Cooper motioned to approve FP 2011 -02, seconded by Don Bowen. The motion carried unanimously (5 -0). 8. ADJOURNMENT There being no other business, the meeting adjourned at 7:25 pm. Chairman i � �� Secretary 'a. /'? . C+ :. A Page 6 05/19/11 P & Z Minutes