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HomeMy WebLinkAboutPZ 2015-03-19 Minutes MINUTES OF THE WORK SESSION AND REGULAR MEETING OF THE PLANNING & ZONING COMMISSION OF THE CITY OF NORTH RICHLAND HILLS, TEXAS MARCH 19, 2015 WORK SESSION The Planning and Zoning Commission of the City of North Richland Hills, Texas met in work session on the 19th day of March, 2015 at 6:30 p.m. in the City Council Workroom prior to the 7:00 p.m. regular session. Present: Randall Shiflet Place 4, Chairman Mark Haynes Place 1 Mike Benton Place 2 Don Bowen Place 3, Secretary Kathy Luppy Place 5 Bill Schopper Place 6 Steven Cooper Place 7 Jerry Tyner Ex-Officio Absent: Staff Members: Clayton Comstock Planning Manager Chad VanSteenberg Assistant Planner Caroline Waggoner City Engineer Marrk Callier Management Assistant David Russell Engineer Associate Paulette Hartman Assistant City Manager Katasha Smithers Recording Secretary Call to Order Chairman Shiflet called the meeting to order at 6:30 p.m. A.1 Recent City Council Action, Development Activity Report, and General Announcements Senior Planner Clayton Comstock spoke about the City Council approved the gun range that Planning and Zoning had sent to them from their previous meeting. This is round two. It takes up about half the space of the original submission. There have been a couple of new applications submitted for DRC approval. Whataburger, CVS and ATT store have submitted applications. A.2 Briefing of Items on the March 19, 2015 Planning and Zoning Commission Regular Session Agenda March 19,2015 P&Z Minutes Page 1 Planning Manager, Clayton Comstock presented ZC 2015-01 Public Hearing and consideration of a request from Trinity Partners Commercial Real Estate for a Zoning Change from NR-PD Nonresidential Planned Development and C-2 Commercial to C-1 Commercial on 0.8660-acre located at 8533 Davis Boulevard, adjacent south of the Aldi Food Market. Also, Clayton Comstock presented for AP 2015-03 Consideration of a request from Bomac Davis Investments, LLC for an Amended Plat for D.J. Anderson Addition on 1.3524 acres at 8525 and 8533 Davis Boulevard. It does show office uses in this area, more a retail area. Planning Manager, Clayton Comstock presented ZC 2015-03 Public Hearing and consideration of a requiest from Mark Melson for a Zoning Change from AG Agricultural to RI-PD Residential Infill Planned Development on 1.53 acres located at 8937 Rumfield Road. The last item on the agenda was presented by Planning Manager, Clayton Comstock: AP 2015-02 Consideration of a request from Winkelmann and Associates, Inc. for an Amended Plat for North Tarrant Marketplace Addition on 2.325 acrees at 9200 North Tarrant Parkway. B.0 Adjournment There being no other business, Chairman Randall Shiflet adjourned the meeting at 6:54 p.m. REGULAR PLANNING AND ZONING COMMISSION MEETING A.0 CALL TO ORDER Chairman Randall Shiflet called the March 19, 2015 meeting to order at 7:00 p.m. A.1 ROLL CALL Present: Randall Shiflet Place 4, Chairman Mark Haynes Place 1 Mike Benton Place 2 Don Bowen Place 3, Secretary Kathy Luppy Place 5 Bill Schopper Place 6 Steven Cooper Place 7 Jerry Tyner Ex-Officio March 19,2015 P&Z Minutes Page 2 Absent: Staff Members: Clayton Comstock Planning Manager Chad VanSteenberg Assistant Planner Caroline Waggoner City Engineer Marrk Callier Management Assistant David Russell Engineer Associate Paulette Hartman Assistant City Manager Katasha Smithers Recording Secretary A.2 PLEDGE OF ALLEGIANCE Kathy Luppy led the Pledge of Allegiance. B.0 CONSIDERATION OF MINUTES APPROVED Consideration of Minutes from the February 19, 2015 Planning & Zoning Commission Meeting. STEVEN COOPER MOVED TO APPROVE THE MINUTES FOR THE FEBRUARY 19' 2015 MINUTES. KATHY LUPPY SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7,0. C. CONSIDERATION OF PLANNING & ZONING REQUESTS C.1 ZC 2015-01 PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM TRINITY PARTNERS COMMERCIAL RESL ESTATE FOR A ZONING CHANGE FROM NR-PD NONRESIDENTIAL PLANNED DEVELOPMENT AND C-2 COMMERCIAL TO C-1 COMMERCIAL ON 0.8660-ACRE LOCATED AT 8533 DAVIS BOULEVARD, ADJACENT SOUUTH OF THE ALDI FOOD MARKET. APPROVED Senior Planner, Clayton Comstock presented ZC 2015-01 Public Hearing and consideration of a request from Trinity Partners Commercial Real Estate for a Zoning Change from NR-PD Nonresidential Planned Development and C-2 Commercial to C-1 Commercial on 0.8660-acre located at 8533 Davis Boulevard, adjacent south of the Aldi Food Market. The office recommendation here is provided by land use plan with the March 19,2015 P&Z Minutes Page 3 proposed this evening allows different type of professional offices but allows retail in the C-1 zoning district. The second item, is being presented together as it is related to the same project, was presented by Senior Planner, Clayton Comstock for AP 2015-03 Consideration of a request from Bomac Davis Investments, LLC for an Amended Plat for D.J. Anderson Addition On 1.3524 acres at 8525 and 8533 Davis Boulevard. The purpose for this zoning change and replat is for the site plan the applicant has submitted with a dental office, AT&T store and lease space, without the movement of the lot line and the rezoning of these particular pads cannot develop how they are shown. We have received a couple questions in the Planning department regarding what the differences are in the C-2, C-1 and the PD Zoning. With the different zoning districts this becomes confusing with what uses are supposed to be allowed in the different zoning districts. The amended plat takes both of the lots and subdivides them into a developmental lot sizes. Applicant Brad Bowen with Trinity Partners Commercial real estate; 1516 Southlake Blvd; Southlake, TX presented the request for applications C.1 and C.2. After the development for the subdivision to the north of this property, we ended up with a sliver lot left over and this was an effort to replat into a lot that is development able site for the office and retail use. Chairman Randall Shiflet asked the AT&T building and the dental facility building are both of those proposed to go on the C-1? Applicant Brad Bowen said no the AT&T building is supposed to go on the remaining C- 1. The dental office is C-2 will have the Multi-tenant retail building, but the dental office will take half the space and it is about 6,400 square feet total; the dental office is taking up 3200 square feet. Mike Benton asked if this is approved what kind of buffer will you have in the back with landscaping, fencing for the neighbors behind you? Applicant Brad Bowen said there is specified landscape 15 feet setback area on the rear property line. The fencing is already been put up and that it is an 8 foot masonry wall. Chairman Randall Shiftlet asked if he assumes that there will be any other uses that you have additional uses? Applicant Brad Bowen said no other uses will be in the area. Don Bowen asked the C-2 use is much larger, is there a possibility for more traffic generated? Discussion begins with the commission members. Applicant Brad Bowen said by making a smaller C-2 zoning district will have a smaller chance of having a lot of foot traffic. March 19,2015 P&Z Minutes Page 4 The Commission had no other questions for staff or the applicant. Chairman Randall Shiflet asked for anyone wishing to speak on the item to come forward. There being no one wishing to speak, Chairman Randall Shiflet closed the Public Hearing. Chairman Randall Shiftlet presented a letter from an adjacent homeowner opposing this zoning that this could be detrimental to their property. BILL SCHOPPER MOVED TO APPROVE ZC 2015-01. DON BOWEN SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-0. C.2 AP 2015-03 CONSIDERATION OF A REQUEST FROM BOMAC DAVIS INVESTMENTS, LLC FOR AN AMENDED PLAT FOR D.J. ANDERSON ADDITION ON 1.3524 ACRES AT 8525 AND 8533 DAVIS BOULEVARD. STEVEN COOPER MOVED TO APPROVE AP 2015-03. MARK HAYNES SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-0. APPROVED C.3 ZC 2015-03 PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM MARK MELSON FOR A ZONING CHANGE FROM AG AGRICULTURAL to RI-PD RESIDENTIAL INFILL PLANNED DEVELOPMENT on 1.53 ACRES LOCATED AT 8937 RUMFIELD ROAD. Senior Planner, Clayton Comstock presented the staff report for consideration of ZC 2015-03 for Zoning Change of 1.53 acres located at 8937 Rumfield Road from AG to RI-PD for an approval of a secondary living unit. The purpose of this zoning change request is to essentially use this building as a secondary living unit. It is a large building of about 1700 square feet and does not meet the conventional standards for the secondary living units that we have in our zoning ordinance which includes a maximum size of 650 square feet maximum distance from primary living unit with an attachment of a breezeway and with the same building material as the primary residence as well. RI- PD does provide 2 driveways onto Rumfield and they will be connecting both driveways. There is also two trees proposed as well. The applicant did say they will be removing the smaller shed located on the eastern property line and also removing the chain link fence between the primary residence and the secondary living unit. The existing barn was gutted to install the living unit and the existing metal on the outside is still there with the additions to the unit with cedar, patio and garage door. So the developmental regulation for this use from R2 single family residential dwelling unit but will allow a 1700 square foot secondary living unit with a bathroom, kitchen and garage. We did put a minimum lot size of 1.53 acres so that means in the future this property owner or future property owner cant subdivide the property and sell off this secondary living unit as its own residence. March 19,2015 P&Z Minutes Page 5 Applicant Mark Melson; 8937 Rumfield Road; North Richland Hills, TX came forward to present. A year ago we were approached about an opportunity to submit the barn for a HGTV renovation show and at the time we had other ideas of putting a pool and a guesthouse. When this opportunity came forward maybe we should take advantage of this. In mid-May we received a call in regards to the barn and after a month long conversation with them they selected us. This show was a pilot show, a brand new show. The builder doing the work would also be the host of the show, we went into negotiations. We wanted a more of a type of pool house with an office and so forth. We were told the City was on board and a great opportunity for the City. On July 23rd they came out and filmed our story about our family. They started building; they started construction all along with the builder telling us that the City was involved. As time went by they were supposed to finish the product by August 29th and found out it will be delayed until September 19th. We were told a week before the reveal that it will be camera ready. ABC told us that the builder would finish the product but in fact they did not. After the reveal, the communication diminished dramatically. There is no plumbing installed nor is the electrical completed. A lot of the cosmetic work was not done. I began following up, asking when this was going to happen. Towards the end of September we ended up receiving a letter from the City stating there was not a permit pulled for the work being done and advised me to come in and speak with the Building Official. The builder said they will talk to the City and that they will work with the City to get this resolved. A few weeks went by, we then received a 2nd letter. We then went down to the City and we learned at this time that we were misled by the builder. We went through several steps to get the proper paperwork that was needed by the City. We then had to contact the builder for all the drawings and documentation. Our attention for this construction was for a secondary living unit. About a third of the building is a workshop. We are requesting now that we would like to finish the project. Chairman Randall Shiftlet asked about the electrical and plumbing, I am assuming that the plumbing is still not connected? Applicant Mark Melson said that is correct, they did not connect the electrical and plumbing so all of it inside is complete inside the walls but we do not have utilities. At one point, which caused concern, they dug a trench around to the faucet around the sprinkler system and at that point I realized they were trying to tie the plumbing to my irrigation system. I stopped them and said I know you cannot do that. Nothing was completed, part of it works. Chairman Randall Shiftlet if this is approved, will you meet this to code? Applicant Mark Melson said yes and since ABC filmed this project we have footage of the actual building being constructed, as well as still shots of the construction being done. We have great documentation of the building being constructed. Mike Benton stated that one of the standards we have in our City is that we require masonry standards and I see that you do not meet that requirement. Is that something March 19,2015 P&Z Minutes Page 6 you are willing to do? We hold the builders and homeowners to these standards. When people drive by and see this was approved they are going to ask. So I have to ask will you go to the expense for the masonry. Applicant Mark Melson said that we are willing to do whatever we need to do to get this completed. Right now it is a gigantic paper weight on our lot and so if I cannot complete the project then it does me no good. Our hopes were to keep the integrity and the look of the barn and that was the purpose of the show initially. Of course we want to comply with the City but I would like to keep the look of the barn. It has beautified the property and our intentions to finish the landscaping Don Bowen asking that the 1700 square feet accessory building is only a portion being used as a living space and in the future if he wants to add to the garage space; can he do that and what will it require? Planning Manager Clayton Comstock stated that is part of the ordinance that you are all considering have the site plan associated with it. We are saying it is what is and we are adopting it as is. No additions can be made to the building but the use is the secondary dwelling unit. Steven Cooper following up with Mike Benton's question, what will it take to bring it to code? Planning Manager Clayton Comstock said anywhere you see metal will have to be changed to brick or stone. Chairman Randall Shiftlet asked if this was R1-S, what kind of accessory building can he have and what type of material? Planning Manager Clayton Comstock stated that he is 1.5 acres and with the new ordinance; he is allowed 1,000 square feet by right and he could come in with an SUP after the 1,000 square feet. You can still request a masonry request. Discussion begins with Commission members and Planning Manager Comstock about the masonry requirements and issues pertaining to this. Planning Manager Clayton Comstock suggested looking at the metal portion of the barn to become oxidized. The Commission had no other questions for staff or the applicant. Chairman Randall Shiflet asked for anyone wishing to speak on the item to come forward. There being no one wishing to speak, Chairman Randall Shiflet closed the Public Hearing. Commission members begin to discuss the stipulations in regards to ZC 2015-03. March 19,2015 P&Z Minutes Page 7 DON BOWEN MOVED TO APPROVE ZC 2015-03 WITH STIPULATIONS ON OXIDIZING THE BRIGHT METAL OR ANOTHER ALTERNATIVE THAT CAN BE APPROVED BY THE BUILDING OFFICIAL, DAVE PENDLEY. BILL SCHOOPER SECONDED THE MOTION. MOTION TO APPROVE CARRIED 6-1. APPROVED C.4 AP 2015-02 CONSIDERATION OF A REQUEST FROM WINKELMANN AND ASSOCIATES, INC FOR AN AMMENDED PLAT FOR NORTH TARRANT MARKETPLACE ADDITION ON 2.325 ACRES AT 9200 NORTH TARRANT PARKWAY. Planning Manager Clayton Comstock presented AP 2015-02 Amended Plat for North Tarrant Marketplace located at 9200 North Tarrant Parkway on 2.3 acres for the purpose of CVS Development. The purpose is to move the lot line to accommodate the CVS. Applicant Patrick Mango representing of Winkleman Associates, 6750 Hillcrest Plaza Dr; Dallas, TX presented the request for the amended plat for the adjusted lot line to provide enough area for the development for the CVS. Elevations were going to be the same as Kroger as far as landscape. STEVEN COOPER MOVED TO APPROVE AP 2015-02. KATHY LUPPY SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-0. APPROVED ADJOURNMENT Chairman Randall Shiflet adjourned the meeting at 7:57 p.m. Chairman Secretary /6" 6' ..,016 %1 5/2114/1/‘-/ Randal Shiflet on Bowen March 19,2015 P&Z Minutes Page 8