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HomeMy WebLinkAboutPZ 2013-03-07 Minutes MINUTES OF THE MEETING OF THE PLANNING & ZONING COMMISSION OF THE CITY OF NORTH RICHLAND HILLS, TEXAS MARCH 7, 2013 A.0 CALL TO ORDER The meeting was called to order by Chairman Randall Shiflet at 7:16 p.m. A.1 ROLL CALL PRESENT Chairman Randall Shiflet Vice Chairman Bill Schopper Steven Cooper Don Bowen Mike Benton Ex- Officio Jerry Tyner ABSENT Kathy Luppy Mark Haynes CITY STAFF Director of Planning & Dev. John Pitstick Senior Planner Clayton Comstock Assistant Planner Chad VanSteenberg Civil Engineer Caroline Waggoner City Engineer Greg Van Niewenhuize Director of Economic Dev. Craig Hulse Recording Secretary Teresa Koontz A.2 PLEDGE OF ALLEGIANCE Jerry Tyner led the Pledge of Allegiance. March 7, 2013 P &Z Minutes Page 1 B.1 Consideration of Minutes from the February 21, 2013 Planning & Zoning Commission Meeting APPROVED Steven Cooper motioned to approve the minutes of February 21, 2013 as proposed. The motion was seconded by Don Bowen and passed unanimously (5 -0). CA ZC 2013 -01 Public Hearing and Consideration of a request from Trinity Partners for a Zoning Change from AG Agricultural and C -2 Commercial to PD Planned Development on Tracts 1 OF, 11 D and 11 D1 of the T. Peck Survey and Lot 1 R, Block 1, D.J. Anderson Addition located at 8525, 8533 and 8601 Davis Boulevard Kevin McIntosh, 401 Polo Ct., Colleyville, TX came forward representing Trinity Partners. Stating they came through a few months ago and requested a CS zoning and was approved by the Planning and Zoning Commission but denied by City Council (5 -2) The neighboring residents filed a petition and it required a super majority. The City Council requested we come back with a PD with more information to make a better decision. Now we are requesting a zoning change from C -2 and AG to a PD Planned Development on the said tracts above. There was a Power Point presentation showing the current zonings and showed by they believe this property should be zoned CS via PD. This is obviously a regional shopping destination with other office type uses on the proposed site with at least a half million square feet of retail and restaurant at the intersection today including Wal -Mart and Target and there are approximately 72,000 cars per day in this area. There are residential neighborhoods directly to the west and major arterial streets are surrounding the site including Davis Blvd, Precinct Line and North Tarrant Parkway. Over time Davis Blvd has become an arterial thoroughfare carrying lots of traffic. We met with members of the HOA on numerous occasions (10/22/12, 01/15/13 and 02/19/13) to discuss the project and some of their concerns. We are currently under contract with Aldi Grocery Store, just over 16,000 square feet and are ready to move forward with approval from the City. Capital One Bank is proposed and we are finalizing a lease with them pending city approval. In addition, the fast food restaurant in the foreground is Chick- Fil- A. There has been approval on a real estate and operations level so now we are just negotiating the final site plan. One other undeveloped piece of land north of the fast food has an offer from a national dentist to occupy about 5000 square feet in a free standing building. Some of the highlights of the PD are: 1) We have agreed to not do any more than 30,000 square feet with Aldi Grocery Store 2) We have agreed not to build a shopping/ strip center larger than 30,000 square feet 3) We have increased the buffer yard to 20 feet and the tree requirement from one tree every 30 feet to one tree every 15 feet, change types of trees to 100% evergreen March 7, 2013 P&Z Minutes Page 2 4) We will be increasing masonry wall to 8 feet and feel the buffer between the residential and development will be much better than other areas of the city 5) We have increased the building setback to 50 feet 6) We have agreed to a 35 feet maximum height for all buildings 7) We have added dumpster enclosures equipped with a solid metal gate 9) We have agreed to install a 6 foot screening wall (plant or masonry to be decided) between residential and commercial for loading areas There is also a representative from Aldi here to answer any questions that the Commission has. Chairman Shiflet asked where would the 5000 square foot dentist office be located on the site plan? Mr. McIntosh said to the north of the fast food location. There will be a location for detention behind the dentist office. Clayton Comstock came forward saying this is a Public Hearing for ZC 2013 -01, a request by Trinity Partners on behalf of William C. Anderson and Leonard Haynes Newman for a Zoning Change from AG and C2 to NRHPD Planned Development with amended CS Community Service zoning district uses and regulations on about 8 acres located 8525, 8533 and 8601 Davis Blvd. The site plan and aerial photographs were shown on the presentation. The zoning is Agricultural and a portion being C -2 at the corner. The future land use designation is Office and staff feels with the inclusion of Davis Blvd going all the way to Hwy. 114 and the completion of North Tarrant Parkway this is really a regional retail center and is appropriate for more commercial uses. The applicant did provide a concept plan which includes the general lay out of buildings that would meet the PD zoning regulations as proposed. They are adopting the CS Community Services uses and regulations as a base district and eliminated a few uses from being permitted in that district including pet day cares, department store, movie theater, wedding chapel, etc. As far as the regulations are concerned, this is the core reason they are returning with a PD with the amount of feedback they got at the City Council meeting with a straight zoning request. The masonry wall and landscape buffer came up among other things. It was intended that if it came back with a PD it would be more favorable to meet the residents and City Council concerns. They have added an 8 foot masonry screening wall instead of the minimum 6 foot, solid metal gates on the dumpster enclosures, increased residential setback to 50 feet from the minimum 35 feet, decreased the maximum building height to 35 feet, screening of loading areas will have solid evergreen trees. It is not clarified here, but going forward to City Council there needs to be an 8 feet note in the PD. When future site plans for the potential tenants come forward and meet the regulations of this PD, they can go through the DRC process and not go through Planning and Zoning Commission and City Council. If you are familiar with the PD that the Wal -Mart is on, any additional development has to go back through the P &Z and City Council approval. If they meet the ordinance, guidelines and other regulations, they can just go through the Development Review Committee. The buffer yard regulations have been increased to 20 foot buffer with one large tree per 15 linear feet; 100% trees must be evergreen. Staff recommends approval of this request. March 7, 2013 P &Z Minutes Page 3 Don Bowen asked if an agreement is reached with the dentist, would it have to come back to P &Z? Clayton Comstock said no, it would not. If for some reason any of the potential tenants were to pull out, they would still have the regulations in place that should accommodate any concerns as far as buffering and things of that nature. Chairman Shiflet asked for clarification of the 8 foot tree height. Clayton Comstock said the applicant had mentioned an 8 foot screening of the loading areas, but it is not on their PD right now. So if this is recommended to City Council just make part of the motion. There was a discussion regarding the buffer yard screening /fencing and the loading area /fencing. Chairman Shiflet opened the Public Hearing on ZC 2013 -01 and asked if anyone wished to speak. Steve Vanwie, 8551 Shadybrook Ct. came forward stating he has lived there over 20 years and did a lot of research before moving based on the future land use. Several of the neighbors bought their property based on an ordinance from 2001 stating there would be offices as a buffer to the neighborhood. There are concerns with light pollution from the grocery store and fast food being open late, noise pollution, smell to the neighborhood, traffic and safety concerns. Office uses would have lower density of traffic than a grocery store. Chairman Shiflet closed the Public Hearing and entertained a motion. Steve Bowman, Director of Real Estate with Aldi came forward and is very excited about coming to North Richland Hills and looks forward to being in this community. The store hours are only open until 9:00 Monday through Saturday, 8:00 on Sunday so there will not be late hours to cause issues with the neighbors. Clayton Comstock said that the new lighting ordinance is one of the most restrictive in Northeast Tarrant County and will only allow for Y4 foot candle at the residential property line and all luminaires must be fully shielded from view at the residential property line. Also, depending on how the motion goes tonight and before going to City Council, have the aesthetics of the detention pond be addressed and have the rights of it in the PD. With the new detention pond ordinance that was passed, they would be required to get an SUP, but we are not going to put an SUP on top of a PD, so we would be changing the PD at that point for the detention pond. Brad Bowen, with Trinity Partners, 508 Wagon Wheel, Colleyville, same forward saying the area behind the bank and Chick- Fil -A is the area where the detention pond will be. It will encompass approximately 1/5 of the total area, very shallow 4 foot pond, not raised edges built into the existing slope. It will not be holding any water unless there is March 7, 2013 P &Z Minutes Page 4 a heavy rain and it needs to be slowed down as it is released downstream. The facility itself will be graded, erosion control, ground cover, mowed and maintained. APPROVED Bill Schopper motioned to approve ZC 2013 -01 as proposed with adding clarification with additional screening of evergreen trees on the loading area, plus the detention pond will be part of the PD. The motion was seconded by Don Bowen. The motion passed unanimously (5 -0). Chairman Shiflet said he wanted to address some concerns. The lights will not be an issue at all with the lighting standards. Considering what could be there, this is probably as light as you're going to get out with. The residents' concerns in the 1990's are why we have a tree ordinance now because the lot was clear cut. We have city ordinance to regulate the smell, but the traffic is on ongoing issue because of all the construction. The traffic light at Target will probably be activated more frequently to give Shady Grove a break. Don Bowen said this is at the confluence of three major arterials so there will be traffic. D.0 ADJOURNMENT There being no other business, the meeting adjourned at 7:58 pm. hairman Secretary Randal Shiflet Don Bowen March 7, 2013 P &Z Minutes Page 5