Loading...
HomeMy WebLinkAboutPZ 2013-08-15 Minutes MINUTES OF THE MEETING OF THE WORK SESSION PLANNING & ZONING COMMISSION OF THE CITY OF NORTH RICHLAND HILLS, TEXAS AUGUST 15, 2013 A.0 CALL TO ORDER The meeting was called to order by Chairman Randall Shiflet at 6:30 p.m. PRESENT WERE: PRESENT Chairman Randall Shiflet Vice Chairman Bill Schopper Don Bowen Kathy Luppy Mike Benton Mark Haynes ABSENT Steven Cooper Jerry Tyner CITY STAFF Director of Planning & Dev. John Pitstick Senior Planner Clayton Comstock Assistant Planner Chad VanSteenberg Assistant Director Engineering Caroline Waggoner Director of Economic Dev. Craig Hulse Cpt. — Asst. Fire Marshall David Simmons Bn. Chief/ Fire Marshall Greg Lindsay Police Lt. Ron Beale Customer Service Asst. Misty Mata Recording Secretary Teresa Koontz A.2 Recent City Council Action, Development Activity Report and General Announcements Clayton Comstock presented the items. August 15, 2013 P &Z Minutes Page 1 A.3. Briefing of Items on the August 15, 2013 Planning and Zoning Commission Regular Session Agenda Clayton Comstock presented the items. B.0 Adjournment There being no other business, the meeting adjourned at 6:55 pm. Chairman Secretary Randal Shiflet Don Bowen August 15, 2013 P &Z Minutes Page 2 MINUTES OF THE MEETING OF THE PLANNING & ZONING COMMISSION OF THE CITY OF NORTH RICHLAND HILLS, TEXAS AUGUST 15, 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 Don Bowen Mike Benton Kathy Luppy Mark Haynes ABSENT Steven Cooper Jerry Tyner CITY STAFF Director of Planning & Dev. John Pitstick Senior Planner Clayton Comstock Assistant Planner Chad VanSteenberg Assistant Director Engineering Caroline Waggoner Director of Economic Dev. Craig Hulse Cpt. — Asst. Fire Marshall David Simmons Bn. Chief/ Fire Marshall Greg Lindsay Police Lieutenant Ron Beale Customer Service Asst. Misty Masta Recording Secretary Teresa Koontz A.2 PLEDGE OF ALLEGIANCE Mark Haynes led the Pledge of Allegiance. August 15, 2013 P &Z Minutes Page 3 A. 3 Reappointment of Planning and Zoning Commission Members to Place 1 and Place 7. Clayton Comstock said Mark Haynes was reappointed to Place 1 of the Planning and Zoning Commission on July 22, 2013 by City Council. He was nominated by Mayor Pro -Tem Tito Rodriguez. (Steven Cooper, Place 7, was absent and will be reappointed at a later time). A.4. Election of Officers Chairman Shiflet opened the discussion about election of officers stating since Steven Cooper and Jerry Tyner are out of town, stated we could either have the election of officers or continue until all members are present. Bill Schopper motioned to continue the election when all officers are present, Don Bowen seconded the motion and it passed unanimously (6 -0). B.1 Consideration of Minutes from the July 18, 2013 Planning & Zoning Commission Meeting. APPROVED Bill Schopper motioned to approve the minutes of the July 18, 2013 Meeting with amendment of including his name in the attendance as it was left off. The motion was seconded by Mike Benton. The motion passed unanimously (6 -0). CA ZC 2013 -10 Public Hearing and Consideration of a request from Monty Carpenter for a Zoning Change from R -1 Single Family and R -2 -1800 Single Family to R -1 -S Special Single Family on 2.19 acres located at 7516 Bursey Road. Chairman Shiflet announced that he would be abstaining from discussion and vote on Item C.1 due to a conflict of interest because he is a property owner within the 200 square feet notification. Vice Chairman Schopper will be handling the case. Chairman Shiflet left the dais at 7:05 p.m An affidavit of disqualification has been completed by Chairman Shiflet and filed with the City Secretary stating the nature of the interest was a conflict of interest because he is a property owner within 200 square feet of the notification. Vice Chairman Schopper opened the Public Hearing on ZC 2013 -10 and asked the applicant to come forward. August 15, 2013 P &Z Minutes Page 4 Monty Carpenter, 7709 Bridiewood Court, NRH, came forward with a request to rezone the property he recently purchased at 7516 Bursey Road which includes a 2 acre platted lot in the Oakdale Subdivision and the out lot that was created by the movement of Bursey Road. The two lots need to be replatted and zoned to comply with the subdivision ordinance to build a single family residence. There was no one else to speak for or against the case so the Public Hearing was closed. Chad VanSteenberg came forward stating that ZC 2013 -10 and RP 2013 -05 both Public Hearings are zoning change and replat requests from Monty and Vickie Carpenter at 7516 Bursey Road. They are requesting approval of a zoning change from R -1 Single Family and R -2 -1800 Single Family to R -1 -S Special Single Family District for a 2.19 - acre parcel at 7516 Bursey Road. The purpose of this request is to provide one single zoning designation for the property the applicant wishes to build a new home on. The applicant has also expressed a desire to have chickens and /or other livestock on the property, hence the request for the semi -rural zoning designation of R -1 -S. The change in zoning is caused by the requirement for a plat. The property is currently two parcels. The parcel on which the applicant wishes to build his home does not have direct access to Bursey Road, creating the need to replat to acquire the required access. Once replatted, however, the property would have two separate zoning designations (i.e. split - lot zoning). The zoning change would create one single zoning district and the accompanying replat (RP 2013 -05) would create one single lot. The proposed subdivision will also have an impact on existing public streets, so the applicant/developer will be responsible for the installation of the city's minimum street improvements, namely concrete sidewalks, curb, and gutter. The value of the infrastructure totals $ 4410.84 which is roughly proportionate to the proposed subdivision. Staff recommends approval of the Zoning Change and Replat. APPROVED Mike Benton motioned to approve ZC 2013 -10, seconded by Kathy Luppy. The motion passed (5 -0 -1), Chairman Shiflet abstaining. C.2 RP 2013 -05 Public Hearing and Consideration of a request from Monty Carpenter for a Replat for Lot 7R, Block 1, Oakvale Addition on 2.19 acres located at 7516 Bursey Road. Vice — Chairman Schopper opened the Public Hearing on RP 2013 -05 and asked if anyone wished to speak for or against. Seeing none, he entertained a motion. APPROVED Mark Haynes motioned to approve RP 2013 -05. The motion was seconded by Kathy Luppy. The motion passed (5 -0), Chairman Shiflet abstaining. August 15, 2013 PU Minutes Page 5 Chairman Shiflet returned to the dais at 7:25 p.m. C.3 ZC 2013 -15 Public Hearing and Consideration of a request from HSM Hilltop Square, LLC and Hill Square S/C Partners, Ltd. for a Zoning Change from 1 -2 Medium Industrial to C -2 Commercial for Lot 1, Block 3, Tapp Addition, located at 6455 Hilltop Drive. Chairman Shiflet opened the Public Hearing and asked the applicant to come forward. Chad VanSteenberg came forward stating this city initiated zoning change to change from 1 -2 to C -2 because the applicant has applied for Certificate of Occupancy for a use that is not permitted by right in the existing 1 -2 district. By changing the zoning, the proposed use would be permitted. Existing non - conforming uses would also become conforming and the property would reflect the actual retail commercial character that is being used. Staff has been previously encouraged by P &Z to change Industrial zoned properties fronting Rufe Snow to Commercial districts and Staff recommends approval. APPROVED Kathy Luppy motioned to approve ZC 2013 -15. The motion was seconded by Don Bowen. The motion passed unanimously (6 -0). C.4 ZC 2013 -11 Public Hearing and Consideration of a request from Ridinger Associates, Inc. on behalf of Russell E. Johnson and Nisher Operations LP for a Zoning Change from AG Agricultural and 0- 1 -NR -PD Nonresidential Planned Development to NR -PD Nonresidential Planned Development on 1.604 acres located at 8301 and 8309 Davis Boulevard. Chris Seely with Ridinger & Associates, 550 S. Edmond, Suite 101, Lewisville, came forward with a request for Zoning Change to expand another building to house additional kennels for existing pet facility. The landscaping and building design will match the existing building. Chairman Shiflet asked if there will be cross access for future development at the north end ? Chris Seely said yes, there would be availability for future access. We are currently working with TX -DOT for a sidewalk across the front of the site. Clayton Comstock came forward stating this is a Zoning Change request on behalf of Russell E. Johnson and Nisher Operations LP, Ridinger Associates, Inc. is to expand the boundaries of PD -50, the Nonresidential Planned Development Zoning District governing the Neighborhood Pet Health Center at 8301 Davis Boulevard. The boundary expansion incorporates the adjacent vacant property to the north at 8309 Davis Boulevard, which is 0.504 acre and zoned AG Agricultural. The purpose of this request August 15, 2013 P &Z Minutes Page 6 is to increase operations of the business by providing additional boarding facilities in a separate 5,394 square foot building. The existing PD language permits 0-1 Office uses to also include "veterinarian clinic with enclosed kennels." For clarity, staff also asked that the applicant include "Pet Day Care" and "Pet Lodging" in the list of permitted uses for the revised PD being considered. Neither of those uses is permitted by right in the 0-1 Office District, but makes up a bulk of the business of the Neighborhood Pet Health Center. The applicant is currently working with TX -DOT to put in sidewalks as part of this Planned Development which includes a 5 foot sidewalk along this Davis Boulevard frontage. There will be shared access to the driveway and to the south once the property to the north develops. They have provided a covered walk way between the two buildings to allow them to take animals from one building to another.. Also, item C -5 is a RP 2013 - 06 will be considered at this time which combines both lots into one continuous lot for shared common access to the north. APPROVED Mark Haynes motioned to approve ZC 2013 -11. The motion was seconded by Mike Benton. The motion passed unanimously (6 -0). C.5 RP 2013 -06 Consideration of a request from Ridinger Associates, Inc. on behalf of Russell E. Johnson and Nisher Operations LP for a Replat for Lot 1 R, Block A, Munsell Subdivision on 1.604 acres located at 8301 and 8309 Davis Boulevard. APPROVED Mike Benton motioned to approve RP 2013 -06. The motion was seconded by Don Bowen. The motion passed unanimously (6 -0). C.6 SUP 2013 -05 Public Hearing and Consideration of a request from Caliber Shooting Center, LLC for a Special Use Permit for an Indoor Shooting Range located at 7901 Boulevard 26 (formerly Home Depot Expo Design Center). Aaron Kreig, 7821 Cloverleaf Drive, NRH, came forward representing Caliber Shooting Center proposing to open the largest indoor firearms training and retail facility in the United States. It will be located in the old Home Depot EXPO building at 7901 Boulevard 26. Some of the features will include: • 140,000 square foot all inclusive facility • Dynamic training bays • "Simulation City" (storefront and office mock ups for scenario Based safety training • 7 state -of- the -art classrooms • Virtual reality training options • Martial arts studio and self- defense training • Cafe and lounge August 15, 2013 P &Z Minutes Page 7 • Youth classes and activities • 10,000 square foot open concept retail area • Online sales, reservations and customer website Over 60 state -of- the -art pistol, rifle, shotgun and archery lanes • Nationally sanctioned shooting competitions • Collegiate rifle team competitions • Caliber Secure Services — a full service security, bodyguard , private Investigation company Don Bowen asked if the fence on the back of the property adjoining a residential area would be repaired or replaced. There was a general discussion about the fence location and it was clarified that the dilapidated fence on the residential property was their responsibility to repair. The fence that is behind Birchwood has already been replaced and is an 8 foot masonry fence. Chairman Shiflet said he would like to see the fence behind the gas station to be demolished. Clayton Comstock came forward with the Staff presentation stating Caliber Shooting Center, LLC is requesting approval of a Special Use Permit to allow an Indoor Shooting Range at 7901 Boulevard 26, formerly occupied by the Home Depot Expo Design Center. An interior second -story addition would increase the floor area of the building from 92,475 square feet to 146,781 square feet. A number of exterior improvements are also proposed as conditions of the Special Use Permit which were included in the applicant's presentation. Chairman Shiflet opened the Public Hearing for SUP 2013 -05. Ronald Akins, 7828 Birchwood Drive came forward with concerns of noise levels and safety concerns being down range from the facility. Also, the concrete fence between 7828 and 7832 Birchwood is leaning and needs maintenance before it collapses. Lynn Brown, 7820 Birchwood Drive came forward with concerns of noise and traffic from delivery truck issues. Phillip Blakeman, 7400 Eden Road came forward in favor of this facility going in. Aaron Kreig came to address the residential issues. Regarding the safety and noise issues, the planned direction of fire is to the west. The building has top of the line containment material that essentially be a box within a box with tilt wall cinder block with concrete and '/4 inch steel plate with other ballistic protection materials. The interior will have classrooms and cafe so noise concerns with no noise factors due to the materials used so ambient noise outside should not be an issue. He is not aware of the masonry fence that is falling. Don Bowen asked if any type of firearms would be used that the proposed containment would not hold. August 15, 2013 P &Z Minutes Page 8 Aaron Kraeg said there would be no concerns of that type. In addition, the concern about truck delivery noise would not be an issue because all deliveries would be during realistic business hours. Chairman Shiflet asked if he would consider limited the truck delivery hours to normal business after as defined in the motion. Aaron Kreag said yes, he would be very open to consideration. Don Bowen asked what would are the normal hours of operation? Aaron Kreag said the hours are not yet defined, but they will not be a 24 hour operation. Ann Dvorak, 8620 Brookridge Drive, NRH spoke with concerns about gun safety bringing firearms close to local schools. Chairman Shiflet closed the Public Hearing and entertained a motion. There was a discussion about the motion fencing and landscaping requirements. Chairman Shiflet asked if they would consider eliminating the wood fence between the two commercial partials. Clayton Comstock clarified landscaping requirements. Vice - Chairman Schopper brought up discussion about the existing pole sign and if they can somehow keep the sign. There was a lengthy discussion about the pole sign. Clayton Comstock said he would have to ask the city attorney is the pole sign can be a part of the SUP requirement or if it has to go before the Sign Review Board. APPROVED Mike Benton motioned to approve SUP 2013 -05 with Staff recommendations of no smoking, no alcohol on the facility, a sunset clause where the Special Use Permit would be eliminated after six months of discontinuance. There was an amendment to the original motion to leave the existing pole sign on Boulevard 26, and remove the 6 foot wood fence in disrepair; in addition that staff verifies the concrete fence on Birchwood is repaired properly. The motion was seconded by Mark Haynes. The motion passed unanimously (6 -0). C.7 PP 2013 -02 Consideration of a request from James Craig on behalf of Montage Development for a Preliminary Plat of Steward Estates, 15 residential lots and 2 open space lots on 5.508 acres located at 6721 and 6725 Crane Road. Derrick Murway, 101 Audrey, Keller, TX came forward, property owner and Montage Development with a request to develop 5.508 acres into 15 sites for new single family homes. There is a local builder scheduled to purchase the lots for this development. August 15, 2013 P &Z Minutes Page 9 John Pitstick said Montage Development, James Craig is requesting approval of a Preliminary Plat for Steward Estates, an R -2 Single Family Residential subdivision of 15 lots and two open space lots on 5.508 acres located on the west side of Crane Road between Main Street and Amundson Drive at 6721 and 6725 Crane Road. The two open space lots are 10 -foot wide strips along Crane Road for a subdivision wall and landscaping. These lots are shown to be "owned and maintained by the homeowners association." The preliminary drainage plans show the reliance of a "temporary detention pond" on Lot 11 on the south side of the development. The developer has indicated that this detention pond would be used only until the downstream storm system improvements are made by the City of North Richland Hills, at which time the lot would be made developable for new home construction. Special Use Permit approval of the detention pond would have to accompany the Final Plat. Staff recommends approval. Don Bowen asked who as responsible for care and maintenance of the detention pond. John Pitstick said all detention ponds now require Special Use Permits, so they would have to come back with an agreement with maintenance agreements at that time before it is approved. It would not be the city's responsibility. APPROVED Kathy Luppy motioned to approve PP 2013 -02. The motion was seconded by Don Bowen. The motion passed unanimously (6 -0). C.8 ZC 2013 -13 Public Hearing and Consideration of a request from Howe Investment Company, LLC on behalf of James & Joan Thomasson, Wesley D. Bannister & Ellen F. O'Daniel, Darla Boswell and Paula Capshaw for a Zoning Change from AG Agricultural, R -1 Single Family Residential, and R -1 -S Special Single Family Residential to R -2 Single Family Residential on 8.943 acres located at 7223, 7301, 7305 and 7309 Eden Road. Mark Howe, 6617 Precinct Line Road, NRH came forward with a request to develop 8.9 acres for R -2 Single Family Residential for homes from 2800 — 4000 square foot homes ranging from $375,000 to $475,000 on the four pieces of property on Eden Road. When we come in for platting we will be addressing any of the drainage issues associated with the development and will be in compliant with the city regulations. We hope to begin construction in 2014 and sell lots to the builder in summer 2014. John Pitstick came forward with the Staff presentation stating that James & Joan Thomasson, Wesley D. Bannister & Ellen F. O'Daniel, Darla Boswell and Paula Capshaw, Howe Investment Company, LLC is requesting approval of a zoning change from AG Agricultural, R -1 Single Family, and R -1 -S Special Single Family to R -2 Single Family on 9.8 acres on the west side of Eden Road between Hightower Drive and Rumfield Road. The applicant has indicated intent to develop a single family residential subdivision on the property. Following the R -2 development standards, the acreage August 15, 2013 P &Z Minutes Page 10 under consideration could yield as many as 30 residential lots. They will be required to replat the property and the Comprehensive Land Use Plan does call for low density residential for this area. The property adjacent to them was rezoned R -1 -S which does allow livestock in the area and the new regulations require setbacks from livestock to new residential properties and structures. However, since the barn is existing, they can continue to operate it for agricultural purposes. The new single family could be developed adjacent to it without any problems, they just could not expand the current operation. Chairman Shiflet asked if the inability to expand the operations exists today because of the properties to the west. John Pitstick said that is correct, this subdivision does not change anything. Mark Haynes asked for clarification saying as proposed right now if they develop, there is no conflict with the horse barn currently there. John Pitstick said correct, the existing horse barn there is further away from this property and as it develops, they could not expand the operation. Chairman Shiflet read the comment cards turned in stating Wes Bannister for the item, does not wish to speak. Ellen O'Daniel, for the item, does not wish to speak. Penny Luke, 8636 Stone Crest Trail, came forward against the re- zoning until she sees plans. She is the current owner of the horse barn and has major drainage issues. She said they do not plan on expanding the barn. From Brookridge east all the way to the property drains on to her property. Stone Crest Trail and Stone Crest Drive drains onto the front of the property. Ms. Luke also provided letters from other homeowners against the re- zoning and pictures of the flooding. Bill Schopper said the drainage issues will be self- contained by the development engineers and should not be a concern. There was a lengthy discussion about how the drainage affects her property and the proposed new subdivision. Caroline Waggoner said the City is aware of the drainage problems of the homes on Brookridge and Eden Road but the design of the subdivision will have to consider all of the existing issues. The proposed houses would have allowed any adverse impact on adjacent property owners. We have had discussions about these issues but have not seen any plans yet. Bill Schopper commented this is a multi —step process. We are only talking about the zoning now, the developer can't buy the property unless it can be zoned, then before the City accepts the Final Plat, they have to fix the existing issues. Merwin Nellis, 8816 Marti Lane, NRH came forward with traffic concerns because Amundson is already backed up and the road is not in good shape and drainage issues. August 15, 2013 P &Z Minutes Page 11 Chairman Shiflet asked if Eden Road is a C -2 or C -4 on the City Master Thoroughfare Plan. Caroline Waggoner said it is a C -4 -U (major collector). We have some roads like Eden and Meadow which are currently two lane asphalt roads but because the way our city network needs to support all the homes, the current plan is for Eden to be a 4 lane concrete road. Mr. Nellis asked how long this has been planned out. Chairman Shiflet said also Amundson is also part of the plan with curb, gutter, sidewalk and drainage. Caroline Waggoner said an improved road with curb and gutter not only conveys traffic well, it carries rainwater and helps issues like this. It is a future project and not funded at this time. Julia Beatrice, 8816 Marti Lane, against, does not wish to speak. Chris Adams, 7301/7305 Eden Road, NRH, for the re- zoning, does not wish to speak. Paula Capshaw, 7301/7305 Eden Road, NRH, for the re- zoning and does not wish to speak. Joan Thomasson, 7309 Eden Road, NRH, for the re- zoning and does not wish to speak. James Thomasson, 7309 Eden Road, NRH, for the re- zoning and does not wish to speak. Alisha Shue, 8628 Brookridge Drive, NRH, came forward stating she is for the development because it will correct some of the issues and give an attractive appeal to the community. She has concerns with overgrowth of trees and briars growing over into her property. Ms. Shue asked what kind of division structure will be between her property and the proposed development, and how far the houses would be on the property. Chairman Shiflet said this is all preliminary and they probably do not have this information yet. Ms. Shue asked when would be the next information meeting about the development. Chairman Shiflet said that based on tonight's recommendation, if disapproved, they can still go before City Council. If approved, they will begin the work on the Platting process. There would not be any notifications so she would have to call the City Planning Department or watch the website and sign up for notifications. Ms. Shue asked Caroline Waggoner if there would still be some type of a flume installed on the property. Caroline Waggoner said not at this time. August 15, 2013 P &Z Minutes Page 12 Don Bowen stated that the developer will try to save all the trees they can to help buffer the properties. Martin Dvorak, 8620 Brookridge Drive, NRH, has concerns that Brookridge not going to be a through street to Eden Road. Don Bowen said the preliminary plan does not appear to show that, it shows a cul -de- sac. Mark Howe said he would take the contact information from Ms. Shue and they will provide all the plans once things are finalized with the engineering department. It is not the intent for Brookridge to be a through street to Eden. Once the process is approved, we will be doing clearing on the property and clean off brush and briars. We plan to put a privacy fence on the property line. There was a question in the audience about putting a stone fence up that matches the consistency. Mark Howe said they would consider that, there would be a screened detention pond on Eden Road with landscaping to detain water. The other masonry fence would be on the opposite side of Eden Road. APPROVED Bill Schopper motioned to approve ZC 2013 -13. The motion was seconded by Don Bowen. The motion passed unanimously (6 -0). D.0 ADJOURNMENT There being no other business, the meeting adjourned at 8:56 pm. Ch an ecretary Randal Shiflet on Bowen August 15, 2013 P &Z Minutes Page 13