HomeMy WebLinkAboutCC 2000-05-22 Minutes
Present:
MINUTES OF THE PRE-COUNCIL MEETING OF THE CITY
OF NORTH RICHLAND HILLS, TEXAS, HELD IN THE
PRE-COUNCIL ROOM AT CITY HALL, 7301 NORTHEAST
LOOP 820 - MAY 22,2000 - 5:45 P.M.
Charles Scoma
Lyle E. Welch
Russell Mitchell
Frank Metts, Jr.
JoAnn Johnson
Don Phifer
Joe D. Tolbert
1. Oscar Trevino, Jr.
Larry J. Cunningham
Randy Shiflet
Steve Norwood
Greg Vick
Patricia Hutson
Alicia Richardson
Paulette Hartman
Rex McEntire
Greg Dickens
Larry Koonce
John Pitstick
Steve Brown
Vicki Loftice
Pam Burney
Terry Kinzie
Jenny Kratz
Thomas Shockley
Mike Curtis
Mayor
Mayor Pro Tem
Councilman
Councilman
Councilwoman
Councilman
Councilman
Councilman
City Manager
Deputy City Manager
Assistant City Manager
Managing Director Community Services
City Secretary
Assistant City Secretary
Adm. Asst. to City Manager
Attorney
Public Works Director
Finance Director
Director of Development
Library Director
Assistant Parks Director
Environmental Services Director
Information Services Director
Public Information Director
Police Chief
Assistant Public Works Director
ITEM DISCUSSION ASSIGNMENT
CALL TO ORDER Mayor Scoma called the meeting to order at
5:45 p.m.
DISCUSS ITEMS Agenda Item 6c - GN 2000-054 - In response from NAN
FROM REGULAR a question from the Council, Staff advised that the
MAY 22,2000 CITY wires would be located in the interior of the tank.
COUNCIL AGENDA The agreement provides that it will be the expense
and responsibility of Metricom to move the wires
during maintenance and painting of the tank by the
City.
City Council Minutes
May 22, 2000
Page 2
ITEM DISCUSSION ASSIGNMENT
Agenda Item 6e - PW 2000-16 - Councilman GREG D.
Trevino asked Staff to make Richard Carr
Construction aware of the liquidated damage rate
and that this is a calendar job and the 180 day time
period is critical.
Agenda Item No. 12 - PZ 2000-15 - Staff was STEVE N.
asked to check for a possible code violation on the
property to the north of this rezone request. It
appears that there is an auto body shop/mechanic
shop in operation on the property to the north.
IR 2000-074 Councilwoman Johnson requested that this item be
DISCUSS placed on the agenda. Councilwoman Johnson
REVISING advised she would like for the Council to review and
ORDINANCE AND update Ordinance No. 1866 regarding the naming of
POLICY public facilities, streets, buildings. Councilwoman
REGARDING Johnson felt that the Council should consider
NAMING PUBLIC recognizing individuals who have played a vital role
BUILDINGS, in the development of the City. Councilwoman
PARKS,STREETS Johnson suggested that a committee be formed to
AND OTHER review and bring a recommendation to the Council.
FACILITIES
Councilman Phifer present at 5:52 p.m.
Mayor Scoma advised that he would appoint a LARRY C.
Council committee to review the process of naming
city facilities. The Council committee will have the
option of appointing a sub-committee if desired.
Councilwoman Johnson advised that she would like
to be appointed to the Council committee. The City
Manager reminded the Council that all council
committees are subject to the Open Meetings'
regulations.
IR 2000-071 Mr. Brown, Library Director, reviewed the GREG V.
MILLENNIUM recommendations of the Millennium Committee and
COMMITTEE tentative timelines. Recommendations from the
FOLLOW UP Committee were:
REPORT
1) Northeast Family Fourth - add 8 additional
minutes to the fireworks show;
2) Christmas Tree Lighting & City Hall Christmas
Lights - relocation of the Christmas Tree to the
Dick Fisher Administration property and construct
a 100 foot 'Tree of Lights";
City Council Minutes
May 22, 2000
Page 3
ITEM DISCUSSION ASSIGNMENT
3) Looking Forward at a Digital Past;
4) Public Art - initiate a program of public arts and
establish an exploratory committee. Commission
an artist through a public/private partnership to
create a unique sculpture or piece of art;
5) City Wide Festival - identify a theme for a city
wide festival that would provide identity to the
City. Staff advised an 18-month to two-year lead
time would be needed to develop a citywide
festival;
6) Spring Concert in the Park Music Series - a
series of outdoor concerts in the park during the
spring/summer.
Some of the Council Members were not in favor of a
metal pole Christmas tree. Some also preferred to
leave the tree at the Library location. Concern was
also expressed about the possibility of wanting to
relocate the Christmas tree when the Town Center is
developed. An interest was expressed in going
forward on the Christmas lights for the City Hall
building. Staff was directed to bring back more
information to the Council to include pictures of
"Trees of Lights", and to look at what could be done
if the Christmas tree is left at the Library location.
Staff will also bring back to Council cost estimates
on Christmas lights on the City Hall building. The
consensus of the Council was to move forward with
the addition to the Fourth of July celebration. The
Council also agreed to move forward with the
naming of an exploratory committee for Public Arts
and were in favor of the idea of a "Summer in the
Park" event.
Mayor Scoma advised that on August 24 the "Taste
of Texas" will be held at the Blue Line Ice Facility.
IR 2000-073 Mr. Dickens explained that the proposed ordinance GREG D / STEVE N
DISCUSS would establish a sidewalk policy for the construction
ESTABLISHING of new sidewalks in areas currently without
SIDEWALK POLICY sidewalks as well as address the City's policy on
sidewalks in new developing and redeveloping
City Council Minutes
May 22,2000
Page 4
ITEM DISCUSSION ASSIGNMENT
areas. The major requirements of the proposed
policy were reviewed with the Council. The following
comments were received from the Council: 1) felt
that that the City should participate more in older
neighborhoods; 2) concern with citizens having to
pay for sidewalks when it was the City's
responsibility; 3) interest expressed in a policy
similar to some of the other cities where an annual
amount is budgeted. A system would be put in place
where projects are graded and prioritized. The City's
participation would be higher than the homeowners
would, and the homeowners could also have the
opportunity to move up the list faster by buying-it
down, similar to the funding of highway projects; 4) if
the majority of the traffic is generated from schools
or public buildings, City should contribute 100
percent. Staff was also asked to make the following
clarifications to the proposed policy:
1) Page 2, Paragraph 1 C - add additional wording
"or the assessment" to the end of the sentence -
"The city shall initiate the replacement of
sidewalks upon receipt of the property owners'
share of the cost"
2) Page 3, Paragraph C2 - clarify critical needs and
if it is not a safety factor eliminate or clarify the
safety language.
3) Page 2, Paragraph 1 B - asked that the three
options be expanded upon and clarified as to the
meaning.
Staff will bring an ordinance back to the Council with
the suggestions made by the Council.
City Council Minutes
May 22, 2000
Page 5
ITEM DISCUSSION ASSIGNMENT
ADJOURNMENT Mayor Scoma announced at 6:43 p.m. that the NAN
meeting would adjourn to Executive Session for the
purpose of consulation with City Attorney as
authorized by Government Code §551.071 for
Ramos and Juarez vs. McCrory & City of North
Richland Hills and OR 2000-1981 affecting Police
lAD Investigations. The Executive Session
adjourned at 6:55 p.m. to the regular Council
meeting.
ATTEST:
~at/Vètté ~
Patricia Hutson - City Secretary
MINUTES OF THE REGULAR MEETING OF THE CITY
COUNCIL OF THE CITY OF NORTH RICH LAND HILLS,
TEXAS, HELD IN THE CITY HALL, 7301 NORTHEAST
LOOP 820 - MAY 22,2000 -7:00 P.M.
1.
CALL TO ORDER
Mayor Scoma called the meeting to order May 22, 2000 at 7:03 p.m.
Present:
Charles Scoma
Lyle E. Welch
Russell Mitchell
Frank Metts, Jr.
JoAnn Johnson
Don Phifer
Joe D. Tolbert
T. Oscar Trevino, Jr.
Staff:
Larry J. Cunningham
Randy Shiflet
Steve Norwood
Greg Vick
Patricia Hutson
Alicia Richardson
Rex McEntire
ROLL CALL
Mayor
Mayor Pro Tem
Councilman
Councilman
Councilwoman
Councilman
Councilman
Councilman
City Manager
Deputy City Manager
Assistant City Manager
Managing Director of Community Services
City Secretary
Assistant City Secretary
Attorney
2.
INVOCATION
Student from Richland High School Drama class gave the invocation.
3.
PLEDGE OF ALLEGIANCE
Student from Richland High School Drama class led the pledge.
4.
SPECIAL PRESENTATIONS
a) Mr. Ron Moore, Teen Court - Chair, announced the following winners of the 1999-
2000 Teen Court Scholarships: Bethany Grohman, Jonathon Luedke and Shanon
Williams. Other Teen Court members present were Janet Golightly, Kathy Graves
and Staff liaisons Jim Wilkins and Cheri Hanson.
City Council Minutes
May 22, 2000
Page 2
b) Ms. Patsy Tucker, Beautification - Chair, announced the following winners for the
Yard of the Month awards: John & Susan Bush, 4608 Lariat Trail; James & Barbara
Lockhart, 4200 Cummings; Clyde Cue Cole, 6629 Pleasant Ridge; Jane Rice 7601
Circle; Carol Warriner, 6109 Roaring Springs; Greg & Amber Watson, 7509
Chapman; Jon & Phyllis Moore, 9012 Thornberry Drive; Micah & Alison Beck, 7320
Coventry; and Olin & Ginger Newberry, 8605 Shadybrook Court.
c) The landscape of the month award went to Dr. & Mrs. Mario Contaldi of Southwest
Vision Center, 7728 Mid-Cities Boulevard.
5.
REMOVAL OF ITEM(S) FROM THE CONSENT AGENDA
Councilman Trevino removed item 6F.
6.
APPROVAL OF CONSENT AGENDA ITEMS
APPROVED
A. MINUTES OF THE PRE-COUNCIL MEETING MAY 08,2000
B. MINUTES OF THE COUNCIL MEETING MAY 08,2000
C. GN 2000-054 - CONSIDERATION OF LEASE AGREEMENT WITH METRICOM
FOR ANTENNAE AT AMUNDSON WATER TOWER - RESOLUTION NO. 2000-
035
D. PU 2000-028 - AWARD BID FOR MISCELLANEOUS STREET SUBGRADE
STABILIZATION PROJECT TO MCCLENDON CONSTRUCTION IN THE
AMOUNT OF $56,792 - RESOLUTION NO. 2000-38
E. PW 2000-016 - AWARD OF BID FOR RUFE SNOW DRIVE, SECTION "C" (HIGH
LAWN TERRACE TO BURSEY ROAD) TO RICHARD CARR CONSTRUCTION
CO. IN THE AMOUNT OF $413,573.76
F. ITEM REMOVED
Councilman Mitchell moved, seconded by Councilman Trevino to approve the consent
agenda.
Motion to approve carried 7-0.
City Council Minutes
May 22, 2000
Page 3
6F.
PW 2000-017 -APPROVE PURCHASE OF RIGHT-OF-WAY FOR THE RUFE SNOW
DRIVE WIDENING PROJECT
APPROVED
Councilman Trevino abstained from discussion and voting.
Councilwoman Johnson moved, seconded by Mayor Pro Tem Welch to approve PW
2000-017.
Motion to approve carried 6-0, with Councilman Trevino abstaining.
7.
PS 99-39 - REQUEST OF ARCADIA REALTY CORPORATION FOR A FINAL PLAT
OF TOWN CENTER ADDITION PHASE I (PROPERTY LOCATED EAST OF DAVIS
BOULEVARD, SOUTH OF MID-CITIES BOULEVARD TO THE WEST SIDE OF THE
PROPOSED LAKES AT TOWN CENTER ADDITION)
APPROVED
Mr. Terry Mitchell of Carter & Burgess, representing Arcadia Realty Corporation
summarized request for Council. Arcadia Realty Corporation has submitted the final
plat of Town Center Addition Phase I. The proposed plat contains 59.647 acres, 236
single family lots, 9 common areas and one drainage right-of-way area. The property is
currently zoned Town Center District. One change from the preliminary plat to the final
plat was to change the width of the right-of-way around Block AD - Common Area LL.
Mr. John Pitstick, Director of Development, addressed the request as it relates to city
codes and ordinances. The Planning and Zoning Commission recommended approval
of PS 99-39 with the following conditions:
1. The Traffic Impact Analysis be approved prior to the start of construction of civil
improvements of Phase 1
2. Only the portion of Lake Way running east/west be renamed as Olmstead Terrace
3. Re-Iabel Common Area CA-11 as either Lot 14, Block 1 or as Lots 11-14, Block 1
Councilwoman Johnson moved, seconded by Mayor Pro Tem Welch to approve PS 99-
39 as recommended by Staff.
Motion to approve carried 7-0.
City Council Minutes
May 22, 2000
Page 4
8.
PS 99-41 - REQUEST OF PAO L Y FOR A FINAL PLAT OF LOT 1, BLOCK 1, L Y
ADDITION (PROPERTY LOCATED IN THE 8800 BLOCK OF RUMFIELD ROAD,
NORTHEAST OF RUMFIELD ROAD AND EDEN ROAD)
APPROVED
Mr. Pao Ly, applicant, summarized his request. Mr. Ly would like to build a single-family
residence and is proposing a final plat for Lot 1, Block 1, Ly Addition.
Mr. John Pitstick, Director of Development, advised Council that the applicant would
construct a septic system on his property.
Councilman Metts asked if applicant would be required to tie into sewer when it
becomes available.
Mr. Greg Dickens, Public Works Director, advised Council that they could require
applicant to sign a covenant stating he will tie into the sewer system once it becomes
available.
Mayor Pro Tem Welch moved to approve PS 99-41 with the stipulation that the owner
sign a covenant agreeing to tie into the city sewer system when it becomes available to
the property. Councilman Metts seconded the motion.
Motion to approve carried 7-0.
9.
PS 2000-17 - REQUEST OF DENNIS STOUT FOR A PLAT AMENDMENT OF LOTS 3
AND 4, BLOCK 1 SMITHFIELD ADDITION TO LOTS 3R AND 4R, BLOCK 1,
SMITHFIELD ADDITION (PROPERTY LOCATED NORTHEAST OF DAVIS
BOULEVARD AND MAIN STREET)
APPROVED
Councilman Phifer abstained from discussion and voting.
Mr. Dennis Stout, applicant, summarized his request. He is proposing a plat
amendment to change property lines within a previous plat.
Mr. John Pitstick, Director of Development, addressed the request as it relates to city
codes and ordinances and summarized recommendations of staff and the Planning and
Zoning Commission.
City Council Minutes
May 22, 2000
Page 5
Councilman Trevino moved, seconded by Councilman Mitchell to approve PS 2000-
017.
Motion to approve carried 6-0, with Councilman Phifer abstaining.
10.
PZ 2000-17 - REQUEST OF WENDY'S INTERNATIONAL FOR SITE PLAN
APPROVAL FOR COMMERCIAL DEVELOPMENT WITHIN 200 FEET OF
RESIDENTIAL PROPERTY ON LOT 3, BLOCK 1, VENTURE ADDITION (PROPERTY
LOCATED AT 7835 GRAPEVINE HIGHWAY)
APPROVED
Mr. David Wood, representing applicant, summarized request. Wendy's International
has submitted a request for Site Plan approval of a restaurant and drive through located
within 200 feet of residential properties.
Mr. John Pitstick, Director of Development, addressed the request as it relates to city
codes and ordinances and summarized recommendations of staff and the Planning and
Zoning Commission.
Councilman Metts moved, seconded by Councilman Phifer to approve PZ 2000-017.
Motion to approve carried 7-0.
11.
PZ 2000-14 - PUBLIC HEARING TO CONSIDER AMENDING ORDINANCES NO.
2317 AND 2171 FOR THE PLANNED DEVELOPMENT NUMBER 23 FOR THE
MULTI-FAMILY DEVELOPMENT THE BLUFFS AT IRON HORSE ON LOT 1, BLOCK
1, IRON HORSE ADDITION (PROPERTY LOCATED IN THE 6300 BLOCK OF
BROWNING DRIVE, EAST OF THE IRON HORSE GOLF COURSE AND WEST OF
THE DART RAILROAD RIGHT-OF-WAY) - ORDINANCE NO. 2478
APPROVED
Mr. Richard Shaw, applicant, submitted a zone change request to amend Ordinance
Numbers 2317 and 2171 that approved Planned Development Number 23 for Multi-
Family and 12-Medium Industrial. Mr. Shaw is requesting to extend the time to receive
a site plan and apply for a building permit for Phase II of the property for a period of 3
or more years. He is also seeking Council approval to utilize a fiber cement wall as
opposed to the brick wall recommended by the Planning and Zoning Commission along
the DART railroad track.
Mr. John Pitstick, Director of Development, addressed the request as it relates to city
codes and ordinances. The Planning and Zoning Commission recommended approval
City Council Minutes
May 22, 2000
Page 6
of PZ 2000-14 to amend Ordinance Numbers 2171 and 2317 for Planned Development
Number 23 on Lot 1, Block 1, Iron Horse Addition in the 6300 Block of Browning Drive
with the following stipulations:
1. Revise the extension dates from three years to a two-year extension. Site Plan
acceptance on Phase II to April 30, 2002 and building permit acceptance date to
July 30,2002.
2. Accepting the wording in the ordinance that rebuilding in the event of casualty
loss is permitted with the addition of the requirement of the same architectural
style and materials as the original application.
3. Concrete pillars for the wrought iron fence adjacent to Iron Horse Golf Course
can not exceed 35 feet in distance between columns.
4. The fencing abutting the railroad right-of-way along the east side of the subject
property shall be constructed of brick masonry with brick columns.
Councilman Tolbert inquired when the applicant comes before Council for the
acceptance of site plan for Phase II could the City require applicant to conform to traffic
impact analysis study. He would like to see it required of applicant.
Mr. Pitstick advised Council that staff could require applicant to conform to the traffic
impact analysis.
Mayor Scoma advised Mr. Pitstick all current standards (landscape, sign and other
ordinances in effect) apply to the site plan and make a note of such.
Mayor Scoma opened the public hearing and asked for anyone wishing to speak to
come forward. There being no one wishing to speak, Mayor Scoma closed the public
hearing.
Councilwoman Johnson moved to approve PZ 2000-014 and Ordinance No. 2478 to
amend Planned Development Number 23 by allowing a two-year extension on site plan
and building permit approval for multi-family development with the stipulations as
outlined in the Planning and Zoning recommendation and removing Medium Industrial
uses from the Planned Development and the current ordinances at time of platting be in
place. Councilman Trevino seconded the motion.
Councilwoman Johnson amended her motion to include the provision that the applicant
be able to utilize fiber cement fencing along the railroad right-of-way along the east side
of the property. Councilman Trevino seconded the amendment.
Motion to approve carried 7-0.
City Council Minutes
May 22,2000
Page 7
12.
PZ 2000-15 - PUBLIC HEARING TO CONSIDER THE REQUEST OF BILL AND
MARIE MELBOURNE FOR A ZONING CHANGE ON LOT 16A, BLOCK A, HEWITT
ESTATES ADDITION, FROM AG-AGRICULTURAL TO R1-SINGLE FAMILY
RESIDENTIAL (PROPERTY LOCATED AT 7613 BUCK STREET)-
ORDINANCE NO. 2479
APPROVED
Mr. Bill Melbourne advised Council of his request to rezone 22,000 square feet from
AG-Agricultural to R1-Single Family Residential.
Mr. John Pitstick, Director of Development, addressed the request as it relates to city
codes and ordinances. He advised Council that the applicant would be required to
submit a preliminary and final plat prior to issuance of a building permit. The Planning
and Zoning Commission recommended approval of PZ 2000-015.
Mayor Scoma opened the public hearing and asked for anyone wishing to speak to
come forward. There being no one wishing to speak, Mayor Scoma closed the public
hearing.
Councilman Mitchell moved, seconded by Mayor Pro Tem Welch to approve
PZ 2000-015, Ordinance No. 2479.
Motion to approve carried 7-0.
13.
PZ 2000-16 - PUBLIC HEARING TO CONSIDER THE REQUEST OF ARNOLD PAIR
AND DOUG HENDERSON FOR A ZONING CHANGE ON 3.8 ACRES OF LOT 1A
AND 1C, BRENTWOOD ESTATES ADDITION, FROM AG-AGRICULTURAL TO 01-
OFFICE (PROPERTY LOCATED AT 8501 DAVIS BOULEVARD)-
ORDINANCE NO. 2480 -- CHILD TIME DAYCARE CENTER
APPROVED
Mr. Doug Henderson is requesting a zoning change on 3.8 acre Lot 1A and 1 C,
Brentwood Estates Addition, from AG-Agricultural to 01 Office.
Mr. John Pitstick, Director of Development, addressed the request as it relates to city
codes and ordinances. The Planning and Zoning Commission recommended approval
of PZ 2000-016. Staff recommends approval with stipulation that a formal site plan and
plat would have to be approved prior to any building construction.
City Council Minutes
May 22, 2000
Page 8
Mayor Scoma opened the public hearing and asked for anyone wishing to speak to
come forward. There being no one wishing to speak, Mayor Scoma closed the public
hearing.
Councilman Trevino moved to approve PZ 2000-016, Ordinance No. 2480 with the
understanding that a formal site plan and plat would have to be approved prior to any
building construction. Councilman Tolbert seconded the motion.
Motion to approve carried 7-0.
14.
PZ 2000-18 - PUBLIC HEARING TO CONSIDER THE REQUEST OF MONICA AND
SERGIO FLORES FOR A ZONING CHANGE ON TRACT 2A2B, ABSTRACT 146,
FROM AG-AGRICUL TURAL TO R-1-S-SPECIAL SINGLE FAMILY RESIDENTIAL
(PROPERTY LOCATED AT 8120 SAYERS LANE) - ORDINANCE NO 2481
APPROVED
Mr. Sergio Flores is requesting to rezone two acres from AG-Agricultural to R1S-Special
single family residential.
Mr. John Pitstick, Director of Development, addressed the request as it relates to city
codes and ordinances. He advised Council should the zoning be granted, the Flores
will be required to submit a preliminary and final plat prior to issuance of a building
permit.
Mayor Scoma opened the public hearing and asked for anyone wishing to speak to
come forward. There being no one wishing to speak, Mayor Scoma closed the public
hearing.
Councilman Metts moved, seconded by Councilman Mitchell to approve PZ 2000-018,
Ordinance No. 2481.
Motion to approve carried 7-0.
15.
PZ 2000-19 - PUBLIC HEARING TO CONSIDER THE REQUEST OF DENNIS PAUL
FOR A ZONING CHANGE ON LOT 5, COLLEGE ACRES ADDITION FROM R3
SINGLE FAMILY RESIDENTIAL TO R1 S SPECIAL SINGLE FAMILY RESIDENTIAL
(PROPERTY LOCATED AT 8044 GREEN VALLEY DRIVE) - ORDINANCE NO 2482
APPROVED
City Council Minutes
May 22, 2000
Page 9
Mr. Dennis Paul is requesting a zone change to rezone approximately 2.10 acres from
R3-Single family residential to R1 S-Single family residential. Mr. Paul would like to
build a larger garage than what is allowed under the property's current zoning.
Councilman Trevino is concerned if Council passes this zone change request it will
allow owner to keep livestock on property.
Mr. Paul advised Council he does not intend to keep livestock.
Mr. John Pitstick, Director of Development, addressed the request as it relates to city
codes and ordinances. He advised Council that accessory buildings located in the
R 1 S-Residential district are exempt from the height limit, pitch of roof, concrete access
to a public street and masonry requirement. Additionally, the size is limited to 5% of the
total lot of tract area. This would allow an accessory building to contain a maximum of
4,573 square feet.
Councilman Tolbert would like Staff to come up with another zoning area that will allow
an owner to build a three or four car garage without the additional uses that come with
R1-S Special Single Family Residential - so Council would not have to worry about the
future development of property if the owner was granted R1-S zoning which would allow
metal buildings and the storing of livestock.
Mayor Scoma opened the public hearing and asked for anyone wishing to speak to
come forward. There being no one wishing to speak, Mayor Scoma closed the public
hearing.
Mayor Scoma had one written request of support from Jeff Paul, 5125 Colorado
Boulevard.
Councilwoman Johnson moved to approve PZ 2000-19, Ordinance No. 2482 with the
provision that the following permitted uses be removed: allowing livestock and capability
of having metal buildings on the property. Councilman Phifer seconded the motion.
Motion to approve carried 7-0.
Mayor Scoma called a recess at 8:33 p.m. and called the meeting back to order at
8:44 p.m. with the same members present as recorded.
City Council Minutes
May 22, 2000
Page 10
16.
PZ 2000-20 - APPEAL PUBLIC HEARING TO CONSIDER THE REQUEST OF
WINKELMANN & ASSOCIATES FOR A ZONING CHANGE ON 17.681 ACRES FROM
R1 SINGLE FAMILY RESIDENTIAL AND C1 COMMERCIAL TO PD PLANNED
DEVELOPMENT FOR HOME DEPOT, A HOME IMPROVEMENT CENTER WITH
OUTDOOR SALES, RENTAL AND DISPLAY (PROPERTY LOCATED AT THE
NORTHWEST CORNER OF PRECINCT LINE ROAD AND MID-CITIES BOULEVARD
IN THE 6400 BLOCK OF PRECINCT LINE ROAD) - ORDINANCE NO. 2483
APPROVED
Mr. Mike Clark, applicant, advised Council that the site being presented tonight has
been modified from what was originally presented at the Planning and Zoning Public
Hearing held on April 27, 2000. The following items were modified from the original
request:
· Relocating an 8 foot masonry wall closer to the building
· Providing an 80 to 100 foot landscaped buffer channel to the north and west
sides of the building
· Significant increases in trees and landscaping in buffer areas
· Changing the exterior façade to a rock or stone finish
· Addressing the traffic issues as outlined by the City's traffic consultant
· Will provide a sewer line along the west property line (allowing property
owners to tie into if they wish)
· Restrict hours of operation to 6:00 am -10:00 pm
· Deletion of proposed outdoor storage areas along the garden center (fronting
Mid Cities Boulevard)
· Area defined specifically for outdoor sales and display to be -
~ Directly in front of the Home Depot building (not to be within the vestibule
or paved area in front of building and not to be located in the fire lane or
parking lot) the paved area will be shown on the final site plan.
· Restricted access to Precinct Line Road to a single driveway and eliminate
future out parcels to no additional driveways (per homeowner comments)
· Provide a signal at Mid Cities Boulevard median (Home Depot's expense)
Mr. Clark introduced the following representatives from Home Depot:
Heather Pratt, Community Affairs Manager, Troy Rice, Vice President of
Operations, Robby Rockwell, District Manager, Chris Freeman, Store Manager
and Barbara Leftwich, Traffic Consultant
City Council Minutes
May 22, 2000
Page 11
Mr. John Pitstick, Director of Planning, advised Council there were changes to the
original site plan since the request went before the Planning & Zoning Commission. He
also advised Council that the City received a formal petition against the site plan for
Home Depot that was presented at the Planning and Zoning Commission Public
Hearing held on April 27, 2000. Approximately 125 property owners signed the petition
opposing Home Depot, but only 14.9% of the area within 200 feet of proposed zoning
change. Since 20% was not obtained the action by Council will not require a super
majority vote (three fourths).
Home Depot is requesting the following variances from the existing ordinance:
· Not require a masonry screening wall around the front corner lot
· Delete the screening wall at the trash compactor
· Delete the cul-de-sac requirements at the west termination of Wayne Lane (in
an effort to offset that requirement Home Depot will dedicate a public access
easement along the back row and restrict access to these out parcels with no
additional driveway on Precinct Line Road. Patrons will have to access off the
public access easement.)
· Allow open channel to be unlined to satisfy the Corps of Engineers mitigation
requirements
· Allow exterior building elevation articulation variations from the ordinance on
the front and side elevations facing Precinct Line Road and Mid Cities
Boulevard
· Delete screening requirements for transformer and generator due to location
on site
· Permit garden center use
· Permit garden center fence height increase (12 feet)
Mr. Pitstick advised Council that this property has not been platted. When the property
is platted there will be a detailed drainage study on the drainage channel. Home Depot
has requested (2) 20-foot pole signs to be located on Mid Cities Boulevard and Precinct
Line Road.
The Planning and Zoning Commission at their April 27 meeting recommended denial
for this zoning change request.
Mr. Clark addressed Council's safety concerns regarding Home Depot's request for a
right and left out onto Precinct Line Road and gave the following option for the
northbound traffic. Home Depot would suggest a one-way, exit only, right turn on T.K.
Martin twelve (12) feet wide. The signal would address Council's concern with safety
and traffic congestion on Precinct Line Road. Mr. Clark advised Council that Home
Depot is committed to restriping Precinct Line Road for the deceleration lane.
City Council Minutes
May 22, 2000
Page 12
Councilman Tolbert inquired about the 40 foot lights on the property. He asked Mr.
Clark if Home Depot would consider changing the size.
Mr. Clark advised Council the 40 foot lights are the current proposal and that would be
the standard size light for any commercial property. He has no problem restricting the
three lights to 25 feet.
Councilman Tolbert asked Home Depot if they would turn the three lights off after 10:00
p.m. He asked that the lights be set on a timer.
Mr. Troy Rice, Home Depot, advised Council that Home Depot would dim the lights
once the store is closed. The primary reason for lighting is safety, both for the patrons
and associates. Mr. Rice said the lights could be set on a timer by way of energy
management.
Councilman Tolbert also asked that Home Depot limit the hours of refuge pick up to no
earlier than 7:00 am or later than 10:00 pm.
Mr. Clark advised Council he had no problem with the refuge schedule.
Councilman Tolbert confirmed with Mr. Clark that Home Depot would provide
permanent irrigation in all places that have landscape. Mr. Clark confirmed they would
provide permanent irrigation with exception of the drainage area on the west side of the
building.
Mayor Scoma opened the public hearing and asked for anyone wishing to speak for a
group of ten or more people to come forward. There being no one wishing to speak as
a group representative, the Mayor asked for any individuals wishing to speak in favor to
come forward. There being no one wishing to speak, the Mayor opened the public
hearing to opposition. The following individuals spoke in opposition of request:
. Jan Patterson, 9021 Valley View; Faye Rogers, 6417 Rogers Drive; Charles Rogers,
6417 Roberts Drive; Buddy Scribner, 6400 Chilton Drive; Kadin Norder, 6409
Whitney Court; Jo-Anne Beveridge, 6504 Parkway Avenue; Dennis Buckingham,
9100 Martin Drive; Kevin Littlefield, 9108 Martin Rd; Michael Gerard 6405 Rogers
Lane; Robin Eddins, 8628 Crestview Drive; Margy Agar, 6501 Parkway Avenue; and
Claudia M. Thompson, 6512 Parkway Avenue.
The Mayor received a petition opposing Home Depot. The names on the petition are
listed below:
. Mark & Rose Dudney, 6500 Valley View Drive; Kevin Littlefield, 9108 Martin;
Barbara Faggart, 9212 Martin Rd; Kim Phillips, 9217 Martin Drive; Nicole
Buckingham, 9100 Martin Drive; William Jenks, 9008 Martin Drive; Judy
City Council Minutes
May 22, 2000
Page 13
Buckingham, 9100 Martin; Susan Ortiz, 9012 Martin; Dr. Charles Rogers, 6417
Rogers Drive; Faye Rogers, 6417 Rogers Drive; Patricia Gerard, 6401 & 6404
Rogers Drive; Michael Gerard, 6401 & 6404 Rogers Drive and Dennis Buckingham,
9100 Martin Drive.
The Mayor read into record those opposing whom wished not to speak. They are as
follows:
. Mark & Rose Dudney, 6500 Valley View Drive; Bryan & Stephanie Wilkinson, 6504
Valleyview; Doug Roland, 6501 Valley View Drive; Dr. Peggy J. Cook, 6516
Parkway Avenue; William C. Martin, 6629 Chilton Drive; William S. Martin, 6629
Chilton Drive; Michael P. O'Donnell, 6729 Rolling Hills Drive; and Margio Dorman
O'Donnell, 6729 Rolling Hills Drive.
Mayor Scoma had a request from Casper Naegle, 7108 Stephanie Court to record her
support for Home Depot.
There being no one else wishing to speak Mayor Scoma closed the Public Hearing.
Councilman Metts wanted to know what the concession was if any, on the traffic.
Council discussed whether to have an exit only on Martin.
Mayor Scoma advised Council that there has been no definitive decision. The
recommendation is a left out and right out on to Precinct Line. Council may elect to
change that at the time of the motion.
Councilman Welch asked if there was anyway that the City could limit traffic on Martin
so they could not go west on Martin.
Mr. Dickens advised Council that there are ways to discourage the traffic. Short of
putting down spikes the City can not totally eliminate the traffic from traveling through
the neighborhood. However, to discourage the traffic the City could construct a
headache bar.
Councilwoman Johnson moved to approve PZ 2000-20 for a Planned Development for
a home improvement center including a garden center with outside display and sales
and the site plan as presented by Ordinance No. 2483 with the following provisions:
. Hours of Operation 6:00 am - 10:00 pm, Monday - Saturday and
8:00 am - 7:00 pm on Sunday
. Three parking lights on the south and west sides of the main building
not to exceed 15 feet in height
City Council Minutes
May 22, 2000
Page 14
· Outdoor storage and sales area will be allowed in areas approved and
located by the City Staff and placed in writing
· Truck delivery hours of 8:00 am - 9:00 pm, Monday - Saturday and no
deliveries on Sunday
· Right-in and right-out on Precinct Line Road
· Right-out only on Martin, with a median placed in the street and a truck
headache barrier to keep the traffic from going to the left
· Addition of three speed bumps on Martin to be located by City Staff and
funded by Home Depot (Councilwoman Johnson realized after the
Council Meeting this requirement is in conflict with current City
Ordinances. Traffic calming on Martin will be looked at in the future)
· All commitments made by Home Depot this evening are to be added to
the site plans
Home Depot is committed to restriping Precinct Line Road for the
deceleration lane
Home Depot would dim the lights once the store is closed via timers
limit the hours of refuge pick up no earlier than 7:00 am or later than
10:00 pm
provide permanent irrigation in all places that have landscape
· Additional Landscape on Mid Cities Boulevard where it abuts the
building
Councilman Metts seconded the motion.
Councilman Metts asked that the Police Department enforce the restricted left-hand
turn on to Martin to compliment the discouragement of the headache barrier.
Councilman Mitchell asked Councilwoman Johnson to amend her motion to include:
. There be no traffic on Martin
. Delivery Hours from 7:00 am - 7:00 pm
Councilwoman Johnson denied the amendment regarding traffic on Martin but agreed
to amend her motion to modify the delivery hours to 7:00 am - 7:00 pm.
City Council Minutes
May 22, 2000
Page 15
Councilman Metts seconded the amendment.
Councilman Trevino asked Councilwoman Johnson to amend her motion to include:
· Deliveries on the northeast side be limited to tool pick up and delivery by the
public.
· Deliveries on the northwest side be limited to lumber pick up and delivery
· No overnight parking and storage of trucks or trailers on the site
Councilwoman Johnson accepted and Councilman Metts seconded the amendment.
Councilman Mitchell asked Councilwoman Johnson to reconsider the amendment of no
traffic on Martin, in consideration of the close proximity to the school.
Councilwoman Johnson denied the amendment.
Motion to approve carried 5-2; with Mayor Pro Tem Welch, Councilmen Metts, Tolbert,
Trevino and Councilwoman Johnson voting for and Councilmen Mitchell and Phifer
voting against.
17.
APPOINTMENTS TO THE PARK & RECREATION FACILITIES DEVELOPMENT
CORPORATION - PLACES 1, 3, 4, 5, AND 7
APPROVED
Councilman Metts moved to appoint Don Phifer to Place 1, Mayor Scoma - Place 3,
Dave Davis - Place 5 and Scott Turnage, Jr. to Place 7, terms expiring May 1,2002 and
Joe Tolbert to Place 4 to fill the unexpired term expiring May 1, 2001. Councilwoman
Johnson seconded the motion.
Motion to approve carried 7-0.
18.
APPOINTMENT TO THE CRIME CONTROL AND PREVENTION DISTRICT -
PLACE 6
APPROVED
Mayor Pro Tem Welch moved to appoint Councilwoman Johnson to Place 6, term
expiring September 1,2000. Councilman Metts seconded the motion.
City Council Minutes
May 22, 2000
Page 16
Motion to approve carried 7-0.
19.
A. CITIZENS PRESENTATION
None.
B. INFORMATION AND REPORTS
City Offices will be closed on Monday, May 29 -Memorial Day
Trinity Waste will run service on Memorial Day
Camp NRH at the Recreation Center
Session 1 - May 30th through June 2nd
Session 2 - June 5th through June 9th
Session 3 - June 1 ih through June 16th
Session 4 - June 19th through June 23rd
Summer reading club begins May 30th and ends July 22nd at the Library
20.
ADJOURNMENT
Mayor Scoma adjoumed the meeting at 10:4V\m. .
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Charles Scoma -
ATTEST:
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Patricia Hutson - City Secretary