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HomeMy WebLinkAboutPZ 2013-05-16 Minutes MINUTES OF THE MEETING OF THE PLANNING & ZONING COMMISSION OF THE CITY OF NORTH RICHLAND HILLS, TEXAS MAY 16, 2013 A.0 CALL TO ORDER The meeting was called to order by Chairman Randall Shiflet at 7:00 p.m. A.1 ROLL CALL PRESENT Chairman Randall Shiflet Vice Chairman Bill Schopper Mike Benton Mark Haynes Kathy Luppy Jerry Tyner ABSENT Don Bowen Steven Cooper CITY STAFF Director of Planning & Dev. John Pitstick Senior Planner Clayton Comstock Assistant Planner Chad VanSteenberg Director of Economic Dev. Craig Hulse City Engineer Greg Van Niewenhuize Management Asst. Dev. Svcs. Jason Moore Customer Service Assistant Misty Mata Recording Secretary Teresa Koontz A.2 PLEDGE OF ALLEGIANCE Mark Haynes led the Pledge of Allegiance. May 16, 2013 P &Z Minutes Page 1 B.1 Consideration of Minutes from the April 18, 2013 Planning & Zoning Commission Meeting APPROVED Mark Haynes motioned to approve the minutes of April 18, 2013 as proposed. The motion was seconded by Mike Benton and passed unanimously (5 -0). C.1 TR 2013 -02 A Public Hearing to consider Ordinance No. 3247, amendments to Chapter 118, Zoning Ordinance of the City of North Richland Hills, Texas, and Section 106 -9, Sign Ordinance of the City of North Richland Hills, Table of Permitted Signs, as each pertains to the titles of commercial zoning districts; changing "NS" Neighborhood Services to "LR" Local Retail, "CS" Community Services to "C -1" Commercial, and "HC" Heavy Commercial to "C -2" Commercial; and correcting errors in Section 118 -394 lot and area requirements in nonresidential zoning districts. John Pitstick came forward stating the City is undergoing a text revision and rezoning some properties to change the names of the districts only. This will allow conformance with the Comprehensive Land Use Plan. In February 2002, we created the districts to conform to the Comprehensive Plan, however we kept the LR, C -1 and C -2 districts which we had parallel zoning districts. In 2008, we kept the names of LR, C -1 and C -2 but clarified that LR = NS, C -1 = C -S and C -2 = HC. It has been very confusing and we get calls weekly, so we met the City attorney and he recommended we go back to the previous nomenclature to help make things totally clear for the public to understand. This is a text revision and rezoning of approximately 32 properties to clarify and change the names only. We are also removing all references to the zoning and sign ordinance to the current nomenclature and clarification on our PD zoning that they conform to the old standards of C -1 and C -2. We are correcting a typographical error previously made of lot and area requirements on the standard. Chairman Shiflet opened the Public Hearing and asked if anyone wished to speak. Seeing none, he closed the Public Hearing and entertained a motion. APPROVED Bill Schopper motioned to approve TR 2013-02. The motion was seconded by Kathy Luppy. The motion passed unanimously (5 -0). May 16, 2013 P &Z Minutes Page 2 C.2. ZC 2013- 04 Public Hearing and Consideration of a Request from The City of North Richland Hills for a Zoning Change from "NS" Neighborhood Services to "LR" Local Retail at 7717 Precinct Line Road, 8901 through 8913 Mid - Cities Boulevard, 7917 Glenview Drive and 7944 through 7956 Davis Boulevard; a Zoning Change from "CS" Community Services to "CA" Commercial at 6417 and 6425 Precinct Line Road, 8316 Woods Lane, 5755 Rufe Snow Drive, 8517 Davis Boulevard, 6720 Northeast Loop 820, 7800 Davis Boulevard, 8500 Mid - Cities Boulevard, 8525 and 8529 Mid - Cities Boulevard, and 8601 through 8625 Mid - Cities Boulevard; a Zoning Change from "HC" Heavy Commercial to "C -2" Commercial at 5750 Rufe Snow Drive, 6646 Iron Horse Boulevard, and 6618 and 6640 Northeast Loop 820; a Special Use Permit for "Funeral Parlor and Crematory" at 8525 Mid - Cities Boulevard; a Special Use Permit for "Gas Station" at 6640 Northeast Loop 820; and a Special Use Permit for "Pet Lodging Business" at 7800 Davis Boulevard. THE ABOVE REFERENCED CHANGES ARE PROPOSED AS PART OF A CITY -WIDE ZONING DISTRICT RENAMING PROJECT WHERE THE TITLES OF COMMERCIAL ZONING DISTRICTS ARE PROPOSED TO BE CHANGED. NO CHANGES TO PERMITTED LAND USES OR DEVELOPMENT REGULATIONS FOR THESE PROPERTIES ARE PROPOSED BY THIS ORDINANCE. John Pitstick came forward stating this Zoning Change is city initiated and we notified the land owners and everyone within 200 feet of the parcels, and published it in the newspaper. We have had several calls regarding all the signs we have put out asking if new development was going on. This is only to clarify the zoning districts and there are no land use changes to the approximate 32 parcels within the city. This is basically converting to LR, C -1 and C -2 on the previous nomenclature we had years ago. This was originally changed to conform to our Comprehensive Land Use Plan and it has caused more problems than we anticipated. There are no changes to the permitted uses or development regulations for these properties. We have apologized to the public for any confusion, but by state law in order to make these changes we have to go through the process and hold public hearings. The changes are as follows: "NS" Neighborhood Services to "LR" Local Retail at 7717 Precinct Line Road, 8901 through 8913 Mid - Cities Boulevard, 7917 Glenview Drive and 7944 through 7956 Davis Boulevard; a Zoning Change from "CS" Community Services to "C -1" Commercial at 6417 and 6425 Precinct Line Road, 8316 Woods Lane, 5755 Rufe Snow Drive, 8517 Davis Boulevard, 6720 Northeast Loop 820, 7800 Davis Boulevard, 8500 Mid - Cities Boulevard, 8525 and 8529 Mid - Cities Boulevard, and 8601 through 8625 Mid - Cities Boulevard; a Zoning Change from "HC" Heavy Commercial to "C -2" Commercial at 5750 Rufe Snow Drive, 6646 Iron Horse Boulevard, and 6618 and 6640 Northeast Loop 820; a Special Use Permit for "Funeral Parlor and Crematory" at 8525 Mid - Cities Boulevard; a Special Use Permit for "Gas Station" at 6640 Northeast Loop 820; and a Special Use Permit for "Pet Lodging Business" at 7800 Davis Boulevard. May 16, 2013 P&Z Minutes Page 3 Chairman Shiflet opened the Public Hearing on ZC 2013 -04 and asked if anyone wished to speak. Bill Shoenberger, 3901 Holbrook Rd, Springtown, TX came forward representing the lot on Martin Drive and Precinct Line Road. He said for years they have tried to get the property rezoned commercial. The City of NRH owns one of the 14 lots in Thompson Park Estates and they have a deed restriction that says if the property is ever zoned commercial or used for its purposes, the ownership reverts back to the developer. Mr. Bertlesen's property in Thompson Park Estates does not have the same restrictions in lot 15 and 16, but lots 1 -14 do have the restrictions. Every year we get into a battle with Tarrant Appraisal District where they appraise out lot based on the Whataburger and bank at $400,000 value. We lost part of the property when the widened Precinct Line Road where originally the lots equaled one acre. Now since the widening there is not a curb cut to get on the property. The attorney from Home Depot who actually owns one of the two lots adjacent to the city property and he said the only way to correct the problem is to get the City of NRH or Tarrant County to assist. We will never be able to get all 14 owners to agree since there are residential properties. Chairman Shiflet asked John Pitstick to expand since we have ran in to a similar problem on Smithfield Road this last year with deed restrictions. John Pitstick said we are very familiar with Mr. Bertelsen and property affected and it is basically a civil matter. We can re -zone the property since it is planned for commercial on the Comprehensive Plan. But we keep running into the same issue with the deed restrictions that reverts it back t residential. Our city attorney has said we can rezone and issue a permit for commercial building, but the deed restrictions will have to be resolved by the owners at Thompson Park Estates. If all 14 lots will agree and have an attorney to file the property paper work, then we are supportive of that. Chairman Shiflet asked if anyone else wished to speak or ask questions, seeing none he closed the Public Hearing and entertained a motion. APPROVED Mike Benton motioned to approve ZC 2013-04. The motion was seconded by Mark Haynes. The motion passed unanimously (5 -0). May 16, 2013 P &Z Minutes Page 4 3. ZC 2013- 02 Public Hearing and Consideration of a Request from Kimley -Horn & Associates for a Zoning Change from C -1 Commercial and C -2 Commercial to RD- PD Redevelopment Planned Development based on C -1 Commercial uses and regulations on Lots 3R, 4 and 5, Block 13, and Lot 1, Block 14, Snow Heights North Addition at 5152 and 5198 Rufe Snow Drive and 6800 and 6896 Dick Lewis Drive. Tony Callaway with Callaway Architecture, 1207 Hampshire Lane, Richardson, TX, came forward to request a zoning change for future 85,000 foot grocery store. After months of discussion with staff, architects and trying to address all the issues that have come up, we are requesting a Planned Development. The company purchasing the site will be Winco Foods from Boise, Idaho. They are an employee owned company with about 80 stores and expanding. One store is currently under construction in Fort Worth and one in McKinney. They are identified as a low cost leader and very competitive in the marketplace with a regional draw opening to the public 24 hours and will typically hire round 200 people - 120 full time, 80 or so part time. The existing retail shops will be demolished and we are in negotiated with Oncor on the easement to improve the site. There will be a detention pond around the Dick Lewis side and will have a very attractive landscape plan. There will be a loading dock adjacent to public street with screening with an 8 foot masonry wall. The architectural design will be very have stone elements as opposed to the typical stucco used in their store. Chairman Shiflet said for the record we are hearing RP 2013 -02 with this request. Clayton Comstock said ZC 2013 -02 and RP 2013 -02 are request from Texas Investors, LLC and Ramana Wash and Clean, carwash on Dick Lewis, BH Investments, LLC . The applicant is Kimley Horn and Associates and architect is Callaway Architecture. The request for a zoning change from C -1 and C -2 to RD PD Redevelopment Planned Development with C -1 Commercial uses and regulations. Also, there is a Replat for two lots in the Snow Heights North Addition. The site is located at the corner of Dick Lewis and Thaxton. The 85, 000 square foot anchor grocery store, detention pond and access easements and planned access for the property were seen on the site plan. The original elevations were somewhat below NRH standards but have recently met with the firm and have been well worked through with staff and the applicant to meet our standards. Quick Brick masonry units will be used throughout the entire fagade and the use of eifs on the front fagade which extends beyond the 15 % maximum allowed, stone columns which would complement the existing Shoppes at Crown Point at Rufe Snow and Dick Lewis. One of the reason for the Planned Development is because of the loading docks facing Thaxton and Dick Lewis which will have a screened masonry wall and landscaping elements. There is an SUP requirement for detention ponds so an exhibit was required and they are providing one with 3.1 slopes around the area at 33% grade. This is required because the downstream storm water system is no adequate enough to pull all the run off from this site. The photometric plan does comply with the lighting ordinance. The purpose of the PD is to permit with installation of a detention pond, which would otherwise require a SUP, loading docks and delivery entrances facing a public street would require SUP but rolled in the PD regulation, to allow for flexibility and creativity in the landscaping requirements extending the 15 foot landscape buffer. Driveway spacing does not meet the 300 foot spacing requirements and will May 16, 2013 P&Z Minutes Page 5 need a variance, eifs on the west and front facade of the building goes beyond the 15% maximum required. The replat creates a new property line between existing retail and new redevelopment of Winco. Staff recommends approval of this request. Chairman Shiflet opened the Public Hearing and asked if anyone wished to speak, seeing none the Public Hearing closed. APPROVED Bill Schopper motioned to approve ZC 2013 -02. The motion was seconded by Mark Haynes. The motion passed unanimously (5 -0). 4. RP 2013 -02 Consideration of a request from Kimley -Horn & Associates for a Replat for Lot 3R1, Block 13 and Lot 1 R, Block 14, Snow Heights North Addition, being 12.977 acres currently described as Lots 3R, 4 and 5, Block 13, and Lot 1, Block 14, Snow Heights North Addition at located at 5152 and 5198 Rufe Snow Drive and 6800 and 6896 Dick Lewis Drive. APPROVED Bill Schopper motioned to approve RP 2013 -02 as proposed. The motion was seconded by Mark Haynes. The motion passed unanimously (5 -0). 5. ZC 2012- 07 Public Hearing and Consideration of a Request from American Tower Corporation for a Revision to the previously approved Planned Development Zoning District No. 35 for a 90' Telecommunications Tower on Lots 1 -8, Block A, Richland Plaza Addition at 6301 through 6367 Boulevard 26. David Kirk, 1901 Royal Lane, Dallas, TX came forward with a request a revision on the PD for the property which previously approved a 100 foot tower but was never built. The applicant is American Tower but the need is driven by AT &T to provide coverage to their customers. It would also be used by other providers in the future. Clayton Comstock said American Tower is requesting a zoning change to amend the PD Planned Development Zoning District to include a 90' telecommunications tower. At & T will take the prime spot but additional arrays could go up in the future. The PD does cover the entire shopping center at 6301 and 6367 Boulevard 26 but in order to amend it, it has to cover the entire boundary of the PD. There will be additional landscaping and irrigation added to the site and staff recommends approval. The PD revision does not change the permitted uses or the regulations itself, it is removing all the exhibits that were previously approved and references made to a previous tower. Chairman Shiflet opened the Public Hearing, no one came forward to speak so he entertained a motion. May 16, 2013 PSZ Minutes Page 6 APPROVED Mike Benton motioned to approve ZC 2012 -07 as proposed. The motion was seconded by Mark Haynes. The motion passed unanimously (5 -0). 6. ZC 2013 -06 Public Hearing and Consideration of a Request from Debra Pernetti on behalf of the property owner, G.Q. Enterprises Corporation, for a Revision to the previously approved Planned Development Zoning District No. 42 on Lot 2, Block 1, Towne Oaks Addition at 8015 Glenview Dr to include uses permitted in the C -1 Commercial Zoning District. Debra Pernetti, 716 Buena Vista Drive, Hurst, came forward requesting a zoning change for a dog grooming business. There are requirements for the dumpster enclosure and landscaping improvements are in the processing of being completed. Chairman Shiflet asked if the paving would be concrete? Ms. Pernetti said yes it concrete and it is being done now. I was at the previous location for 3 years in the city and wanted to move to a smaller location and stay in the neighborhood for my customers. I was not aware that is not zoned for dog grooming when I moved and signed the lease. Chad VanSteenberg came forward stating this request is for an amendment to the existing PD 42 which will change the base district from LR Local Retail to C -1 Commercial and would allow the dog parlor. The change would also allow other uses that are appropriate to that retail corner that are not allowed in the current LR base district. The previously approved entitlement for the convenience store and gas station approved in 2002 would remain. Staff has visiting the site and the dumpster and shrubs and they are being taken care of but it is not what is being considered tonight. Staff recommends approval that this is only a change to the PD base district and all other previously approved conditions remain in place. Chairman Shiflet opened the Public Hearing and asked if anyone wished to speak. Seeing none, he closed the Public Hearing and entertained a motion. APPROVED Kathy Luppy motioned to approve ZC 2013 -06 as proposed. The motion was seconded by Mike Benton. The motion passed unanimously (5 -0). May 16, 2013 PU Minutes Page 7 7. AP 2013- 01 Consideration of a Request from JU NRH 100, FLP for an Amended Plat of Thornbridge West Addition on 25.016 acres in the 8200 block of Davis Blvd Charles Schulz, 700 Harwood Rd, Hurst, TX with Our Country Homes came forward stating this is the same plat that approved last year. When construction started Oncor looked at it and they needed some additional easements and wanted them to be on the plat so when recorded it is easier to find. In addition, some of the concrete drainage flumes needed to be moved and additional drainage easements were needed. Chad VanSteenberg said this amended plat is to add a revised various utility easements and to officially dedicate Lot 9 Block 3 to the city. Council approved this in June 2012 and it was discovered that easements were needed. This does not include the number of lots in the subdivision nor increase the previously approved lots dimensions or configurations. Staff recommends approval of this amended plat. APPROVED Mark Haynes motioned to approve AP 2013 -01 as proposed. The motion was seconded by Mike Benton. The motion passed unanimously (5 -0). 8. RP 2012 -09 Consideration of a Request from Dunaway Associates for a Replat to create Lots 2R1 and 2R2, Block 1, Brentwood Estates on 3.638 acres at 8505 and 8509 Davis Blvd. Chad VanSteenberg came forward stating this replat is to create Lot 2 -R -1 and Lot 2 -R- 2 on at that above address north of Shady Grove. The purpose of the replat is to subdivide one commercial lot into two lots. The Tower Plaza is fully developed and the office building to the west and south has been unoccupied since it's completion in 2008. The purpose of this plat is to have the retail building on a separate lot form the office building. No additional public improvements are needed to provide service to these lots and staff recommends approval. Chairman Shiflet asked if the applicant was notified about tonight's meeting. Clayton Comstock said yes, the applicant was notified but there has been an accident on Loop 820 and he may be help up in that traffic. Staff feels comfortable moving forward with the replat, but understands the Commission may want to keep the policy that the applicant must be present. APPROVED Kathy Luppy motioned to approve RP 2012 -09 as presented. The motion was seconded by Mark Haynes. The motion passed unanimously (5 -0). May 16, 2013 P &Z Minutes Page 8 D.0 ADJOURNMENT There being no other business, the meeting adjourned at 8:00 pm. Chairman Secretary A le) *4av—/ Randal Shiflet Don Bowen May 16, 2013 P&Z Minutes Page 9