HomeMy WebLinkAboutPZ 2015-10-15 Minutes MINUTES OF THE WORK SESSION AND REGULAR MEETING
OF THE PLANNING & ZONING COMMISSION OF THE
CITY OF NORTH RICHLAND HILLS, TEXAS
OCTOBER 15, 2015
WORK SESSION
The Planning and Zoning Commission of the City of North Richland Hills, Texas met in
work session on the 15th day of October 2015 at 6:21 p.m. in the City Council
Workroom prior to the 7:00 p.m. regular session.
Present: Randall Shiflet Place 4, Chairman
Bill Schopper Place 6, Vice Chairman
Mike Benton Place 2
Steven Cooper Place 7
Kathy Luppy Place 5
Jerry Tyner Ex-Officio
Absent: Don Bowen Place 3, Secretary
Mark Haynes Place 1
Staff Members: Paulette Hartman Assistant City Manager
Clayton Comstock Planning Manager
Clayton Husband Principal Planner
Chad VanSteenberg Planner
Caroline Waggoner City Engineer
Justin Naylor Engineer Associate
Marrk Callier Management Assistant
Cheryl Booth Recording Secretary
Call to Order
Chairman Shiflet called the meeting to order at 6:22 p.m.
1. General Announcements-upcoming city events
Planning Manager, Clayton Comstock presented announcements.
The City of North Richland Hills staff, board and commission members were issued a
Planning Excellence Award at the Texas APA Conference last week. This is
acknowledgment of continuing education and commitment to excellence.
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2. Discuss development activity report and City Council action
Planning Manager, Clayton Comstock discussed development activity. Jason's Deli
Express opens on Monday, 10-19-2015. Whataburger and Wendy's on North Tarrant
Parkway started construction. City Council approved action items that were
recommended by the Commission. The church zoning change on Loop 820 was
approved. The zoning change on Frankie B Street was approved. The dental office plat
on Highway 377 was approved. There was a bid award for a new slide tower at NRH2O.
Also at NRH2O there will be some parking adjustment on the north end. The gun range
is now discussing grand opening in spring or early summer of 2016.
3. Discuss items from the regular Planning and Zoning Commission Meeting
Planning Manager Clayton Comstock presented ZC 2015-16 Public Hearing and
consideration of a request from Safeway Consulting & Contracting LLC for a zoning
change from AG Agricultural to R-2 Single Family on 10.876 acres located at 8517,
8451, and a portion of 8463 Shady Grove Road. Presented together is PP 2015-05
Consideration of a request from Safeway Consulting & Contracting LLC for a
Preliminary Plat of Fresh Meadows Estates on 10.876 acres located at 8451, 8517, and
a portion of 8463 Shady Grove Road. This is for thirty-five (35) lots and a detention
pond. For roughly eleven (11) acres, this equates to 3.2 dwelling units per acre. This
zoning category allows for a maximum of 4.0 dwelling units per acre. This is one of the
last larger areas of developable property in the northern area of the city. Since the area
is made up of several tracts of land under separate ownership, the planning for future
development should be evaluated to ensure that the overall development in the area
fulfills the vison and goals for the city. Staff recommends denial of this preliminary plat
based upon the piecemeal plan development. The proposed zoning is R-2 Single-
Family Residential. The R-2 zoning district is intended to provide areas for low-density
development of single-family residences that are constructed at an approximate density
of 4.0 units per acre. There remain two areas that are zoned AG Agriculture. Staff
recommends that the entire area be zoned as R-2 Single Family Residential. Should the
Commission recommend approval to City Council, then staff would recommend
approval of this preliminary plat.
Chairman Shiflet inquired about the engineering portion of Clay Hibbins Road.
Caroline Waggoner responded that this level of property development would not
generate enough impact to that stretch of street (from north of Shady Grove Road) to
force the developer to build out the streets infrastructure. The curb, gutter, and sidewalk
cost would offset the street cost.
Planning Manager Clayton Comstock presented ZC 2015-12 Pubic Hearing and
consideration of a request from Johnson Diversified Enterprises, Inc. for a zoning
change from C-1 Commercial to RI-PD Residential Infill Planned Development on 6.412
acres located at 7821 Davis Boulevard. The proposed development includes thirty-five
(35) residential lots with a density of 5.5 dwelling units per acre. The lots are fifty (50)
October 15,2015
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feet wide, with the proposed houses being a mix of front-entry and side-swing garages.
It incorporates 28,654 square feet of open space along Bursey Road and Davis
Boulevard, with the open space making up 10.3% of the development. The
development is proposed to be a private gated community with a private street located
in a 40-foot wide access easement. In addition, the design of the gated entry cannot
accommodate larger vehicles or emergency vehicles. A subdivision of this size is
unlikely to be able to sustain the maintenance and repair of the private street. Staff
recommends that the street be a public street in a standard fifty (50) foot right-of-way
and that all gates be removed from the streets, including both the entry gate off Bursey
and the emergency access gate off Green Valley. The proposed minimum dwelling size
is 1,800 square feet, which would apply to a limited yet undetermined number of the lots
in the development. The remaining dwellings have a minimum size of 2,000 square feet.
Staff recommends that the minimum dwelling unit size be 2,000 square feet for the
entire development. A perimeter fence will be constructed along Bursey Road, Davis
Boulevard and Green Valley Drive. Staff recommends that the ornamental iron portion
of the fence have decorative pickets with finials. Staff recommends that a technical
landscape plan be provided that includes the proposed number and species of all
plantings. The landscape plan must be prepared by a Registered Landscape Architect.
The proposed development is not consistent with the Comprehensive Plan, and the
density and character of the residential development does not align with the context of
the existing and developing residential neighborhoods in the area. If the Commission
finds the land use and density appropriate, staff recommends that the houses facing
Davis Boulevard have garage access from an alley at the rear of the lot. Staff does not
believe front-entry garages facing Davis Boulevard are suitable for the area. This area is
designated on the Comprehensive Land Use Plan as "Retail." The property is currently
zoned C-1 Commercial. Staff recommends denial of ZC 2015-12.
Principal Planner Clayton Husband presented ZC 2015-19 Pubic Hearing and
consideration of a request from Dunaway Associates, LP for a for a zoning change from
C-1 Commercial to NR-PD Nonresidential Planned Development on 1.009 acres located
at the southwest corner of Precinct Line Road & Martin Drive. Andy's Frozen Custard
proposes to construct a new restaurant at the southwest corner of Precinct Line Road
and Martin Drive. Planned improvements to the site include a 1,605 square foot
building, covered outdoor seating, and parking and landscaped areas. Indoor seating is
not provided. The design of the building includes the use of non-standard materials in
several areas, which would require special approval as part of the proposed zoning.
• Primary façade: Synthetic cement fiber exterior material manufactured by Nichiha
is proposed. The material has the appearance of cedar planking.
• Mechanical screening and refuse container gate: These elements are designed
to appear as louvered walls, which serves as an aesthetic enhancement as well
as provides airflow in the areas. A synthetic wood product manufactured by
Trex is proposed.
• Rear façade: Hardie Panel is proposed to be used on the rear wall of the
building. This material is permitted as an accent material on secondary façade
walls, provided it does not cover more than fifteen (15) % of the wall area. As
proposed this material would cover the entire rear façade.
October 15,2015
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The comprehensive sign package for property. Several signs require special approval
as part of the proposed zoning.
• Wall sign and cone wall sign: These signs include the Andy's logo sign and a
cone graphic located above the roofline of the building, which is not permitted by
the sign standards.
• Menu posters: There are three (3) menu posters proposed, which when
combined with all other signs exceeds the area permitted by the sign standards.
• Monument sign on Precinct Line Road: In addition to the store logo, the sign
includes a changeable reader board. This sign requires special approval due to
its size.
• Monument sign on Martin Drive: Staff recommends that this sign not exceed five
(5) feet in height and fifty (50) square feet in structure area.
• Directional signs: The size of the signs requires special approval.
• Thank you post signs: Staff recommends that the sign on the rear access drive
by the refuse container not be included as part of the sign package.
• Flagpole: The pole proposed near Precinct Line Road frontage is forty (40) feet
tall. Staff recommends that the height of the flagpole be reduced to make its
height more proportional with the height of the building.
The applicant is requesting a rezoning to Non-Residential Planned Development in
order to accommodate site-specific development standards. Staff recommends
approval of ZC 2015.
Principal Planner, Clayton Husband presented TR 2015-02 Consideration of text
amendments to Chapter 118 of the Code of Ordinances related to Concrete Batch
Plants, Fuel Sales, and Secondary Dwelling Units.
4. Discuss street furniture themes for Iron Horse & Smithfield Transit
Oriented Development (TOD) Districts
Planning staff is seeking Commission input on further defining the streetscape design
standards within the Transit Oriented Development (TOD) Code by adopting a standard
design for benches, trash receptacles, bike racks, and streetlights. Without a standard
theme, individual developments could vary the design of these amenities, whereby
creating a disjointed feeling within the district. District standards would create a unified
sense of place and identification. Subtle differences between Iron Horse and Smithfield
would also give each station its own character.
• Iron Horse Station has been envisioned as more of a modern/urban employment
and commuter hub close to Loop 820. Hence, the consideration of more of "Texas
Contemporary" flair design.
• Smithfield TOD boasts the "Historic Core" of Main Street adjacent to the Smithfield
Station. Hence, the consideration of more of a historic architectural design.
• Streetlights in both stations are consistent with streetlights already used in the City.
After installation, they would continue to be maintained by Oncor if within the public
rig ht-of-way.
October 15,2015
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Chairman Shiflet requested time to study crime prevention through environmental
design on the street lighting. Light color temperature differences have a significant
impact on identification of vehicle and clothing color in the event of criminal activity. He
would like involvement of our police department in this decision.
Mike Benton and Steven Cooper are each in favor of establishing an additional work
session on this topic with additional information.
Clayton Comstock stated that white light has a better Color Rendering Index (CRI).
Steven Cooper likes the aesthetics presented, but wants to see facts on the Color
Rendering Index for each style.
Clayton Comstock agreed to research bulbs and lighting studies to present.
5. Adjournment
There being no other business, Chairman Shiflet adjourned the work session at 7:11
p.m.
REGULAR PLANNING AND ZONING COMMISSION MEETING
The Planning and Zoning Commission regular meeting is immediately following the
work session (but not earlier than 7:00 p.m.) In the main council chambers.
A.0 CALL TO ORDER
Chairman Shiflet called the October 15, 2015 meeting to order at 7:17 p.m.
Present: Randall Shiflet Place 4, Chairman
Bill Schopper Place 6, Vice Chairman
Mike Benton Place 2
Steven Cooper Place 7
Kathy Luppy Place 5
Jerry Tyner Ex-Officio
Absent: Don Bowen Place 3, Secretary
Mark Haynes Place 1
Staff Members: Paulette Hartman Assistant City Manager
Clayton Comstock Planning Manager
Clayton Husband Principal Planner
Chad VanSteenberg Planner
Caroline Waggoner City Engineer
Justin Naylor Engineer Associate
October 15,2015
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Marrk Callier Management Assistant
Cheryl Booth Recording Secretary
A.1 PLEDGE OF ALLEGIANCE
Jerry Tyner led the National Pledge of Allegiance.
Jerry Tyner led the Texas Pledge of Allegiance.
EXECUTIVE SESSION
The Planning and Zoning Commission may enter into closed Executive Session as
authorized by Chapter 551, Texas Government Code. Executive Session may be held
at the end of the Regular Session or at any time during the meeting that a need arises
for the Planning and Zoning Commission to seek advice from the city attorney (551.071)
as to the posted subject matter of this Planning and Zoning Commission meeting.
The Planning and Zoning Commission may confer privately with its attorney to seek
legal advice on any matter listed on the agenda or on any matter in which the duty of
the attorney to the governmental body under the Texas Disciplinary Rules of
Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 51, Texas
Government Code.
Chairman Shiflet clarified that Gerald Tyner is Ex-Officio capacity on the Commission.
This capacity, according to our city charter does allow him to participate in the
discussions, but does not allow him to vote on any cases.
B.0 MINUTES
B.1 Approve minutes of the September 17, 2015 Planning & Zoning Commission
Meeting.
APPROVED
KATHY LUPPY MOVED TO APPROVE MINUTES OF THE SEPTEMBER 17, 2015 MEETING. STEVEN
COOPER SECONDED THE MOTION.
MOTION TO APPROVE CARRIED 5-0
C. PUBLIC HEARINGS
C.1 ZC 2015-16 Public Hearing and Consideration of a request from Safeway
Consulting & Contracting LLC for a Zoning Change from "AG Agricultural"
to "R-2 Single Family" on 10.876 acres located at 8517, 8451, and a portion
of 8463 Shady Grove Road.
APPROVED
October 15,2015
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Chairman Shiflet called on Planning Manager Clayton Comstock to present. Planning
Manager, Clayton Comstock presented ZC 2015-16. Presented together is PP 2015-05
Consideration of a request from Safeway Consulting & Contracting LLC for a
Preliminary Plat of Fresh Meadows Estates on 10.876 acres located at 8451, 8517, and
a portion of 8463 Shady Grove Road. The applicant had previously submitted a prior
version with a long street that was denied by City Council. Today's application includes
a shorter street with connection to an additional street. This is for thirty-five (35) lots and
a detention pond. For roughly eleven (11) acres, this equates to 3.2 dwelling units per
acre. This zoning category allows for a maximum of 4.0 dwelling units per acre. This is
one of the last larger areas of developable property in the northern area of the city.
Since the area is made up of several tracts of land under separate ownership, the
planning for future development should be evaluated to ensure that the overall
development in the area fulfills the vison and goals for the city. The proposed zoning is
R-2 Single-Family Residential. The R-2 zoning district is intended to provide areas for
low-density development of single-family residences that are constructed at an
approximate density of 4.0 units per acre. There remain two areas that are zoned AG
Agriculture. Staff recommends that the entire area be zoned as R-2 Single Family
Residential. Staff recommends denial of this preliminary plat based upon the piecemeal
plan development, which were concerns of the Commission, staff, and City Council.
Should the Commission recommend approval to City Council, then staff would
recommend approval of this preliminary plat.
Applicant, Osama Nashed; 5000 Thompson Terrace; Colleyville, TX 76034 spoke. He
outlined that for their prior presentation they only had five (5) acres. There were three
(3) concerns which resulted in denial by City Council (street was too long, insufficient
access, and drainage concerns). We have now acquired five (5) acres beside Clay
Hibbins Road. We have met with neighbors to the east and staff to answer their
concerns. We took the area to the west out of the proposal. We do not hinder or prevent
anyone else from developing these areas. By building one long street, the area is set up
for future development for seven (7) lot cul de sac to the west and two (2) development
areas to the west. The street's water and sewer improvements will facilitate
development to the west. This acreage has been vacant and not producing for many
years. This will bring revenue to the city. All homes are custom built at approximately
three thousand five hundred (3,500) square feet in the four hundred thousand
($400,000) to five hundred thousand ($500,000) price range.
Chairman Shiflet inquired what factor for the construction of far north open space
detention pond is based upon
Caroline Waggoner responded that the City would ultimately make the decision of
detaining water or connecting into existing storm sewer service. The City cannot allow a
development to proceed without a means of discharging storm water.
Chairman Shiflet inquired about traffic impact on the country road, Clay Hibbins Road.
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Caroline Waggoner responded that Clay Hibbins would remain as is. It is an eighteen
(18) to twenty (20) foot wide asphalt street. There are other roads in the city similar to
Clay Hibbins. The City will continue to monitor it to make sure it can handle the traffic.
Mike Benton inquired if the neighbor concerns had been resolved.
Mr. Nashed explained that their concerns were tree preservation on the property line
and the need to install maximum height fences. Mature trees have great value to the
developer, so they will be preserved as best as possible. Steeple Ridge is much higher
than this property. Any lot that has a retaining wall less than two (2) feet tall will have six
(6) foot fences. Higher retaining wall properties will have maximum eight (8) feet fences.
There should not be any negative impact to Steeple Ridge with utilization of the existing
drainage flume to the north. If the existing drainage can be used, the detention pond will
not be necessary.
Chairman Shiflet opened Public Hearing at 7:39 p.m.
Thomas Andrews; 8600 Clay Hibbins Road; came forward in favor of this application.
The property has been vacant for so long. The area will show much improvement to the
area.
Sharon Brooks Abernathy; 8451 Shady Grove Road; came forward in favor of this
application. He owns a five (5) acre lot adjacent to the site. The only ones interested in
purchasing it are developers.
Kevin and Linda Leckey; 8625 Caddo Court; came forward in opposition of this
application. Her concern is the traffic impact from Shady Grove to Clay Hibbins. Keller
construction has generated heavy truck traffic on Clay Hibbins Road. She realizes that
her property values will improve. A concern is the traffic during this construction.
Another concern would be if Shady Grove Road would be widened, as there is limited
easement. Another concern would be the number of exits from the area, as it appears to
be two (2).
Ashraf Shehata; 1521 Wagon Wheel Trail; Keller, TX w/ Safeway Construction came
forward in favor. We have reached out to all the developers. All left with the impression
after the meeting with the city and the developers that all issues would be resolved. He
does not feel that this is a piece meal approach. This is nearly eleven (11) acres. The
remaining land leaves two (2) separate areas that could logically be developed in
conjunction with our development. At some point, our development will not be by itself.
The five (5) acres that we just closed on has been on sale for three (3) years. I
respectfully ask for approval of this application.
There being no additional discussion, Chairman Shiflet closed Public Hearing at
7:47p.m.
MIKE BENTON MOVED TO APPROVE ZC 2015-16. STEVEN COOPER SECONDED THE MOTION.
October 15,2015
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Mike Benton expressed his approval because the Commission had asked the applicant
to add five (5) acres, which they did. He also is not hearing the neighbors raising
concerns this evening.
Bill Schopper responded with his approval for this development being good for this area.
We cannot do anything about the construction traffic in Keller.
Chairman Shiflet commented that Shady Grove does allow heavy truck traffic by right.
What bothers him is the development of nice neighborhoods in the old country roads.
His hope is that the city decides to build out sooner than later. It is more complicated
because half the road is Keller and half is North Richland Hills.
MOTION TO APPROVE CARRIED 5-0
C.2 ZC 2015-12 Public Hearing and Consideration of a request from Johnson
Diversified Enterprises, Inc. for a Zoning Change from "C-1 Commercial" to
"RI-PD Residential Inftll Planned Development" on 6.412 acres located at
7821 Davis Boulevard.
Planning Manager Clayton Comstock presented ZC 2015-12. The comprehensive use
plan does show commercial zoning in this area. Zoning is for Planned Development
Single Family residential to the east and north. There has been a history of retail
converting to residential if developed as R-2 Residential. This development includes
thirty-five (35) residential lots with a density of 5.5 dwelling units per acre. The lots are
fifty (50) feet wide, with the proposed houses being a mix of front-entry and side-swing
garages. It incorporates 28,654 square feet of open space along Bursey Road and
Davis Boulevard, with the open space making up 10.3% of the development. The
development is proposed to be a private gated community with a private street located
in a 40-foot wide access easement. In addition, the design of the gated entry cannot
accommodate larger vehicles or emergency vehicles. A subdivision of this size is
unlikely to be able to sustain the maintenance and repair of the private street. Staff
recommends that the street be a public street in a standard fifty (50) foot right-of-way
and that all gates be removed from the streets, including both the entry gate off Bursey
and the emergency access gate off Green Valley. The proposed minimum dwelling size
is 1,800 square feet, which would apply to a limited yet undetermined number of the lots
in the development. The remaining dwellings have a minimum size of 2,000 square feet.
Staff recommends that the minimum dwelling unit size be 2,000 square feet for the
entire development. A perimeter fence will be constructed along Bursey Road, Davis
Boulevard and Green Valley Drive. Staff recommends that the ornamental iron portion
of the fence have decorative pickets with finials. Staff recommends that a technical
landscape plan be provided that includes the proposed number and species of all
plantings. The landscape plan must be prepared by a Registered Landscape Architect.
The proposed development is not consistent with the Comprehensive Plan, and the
density and character of the residential development does not align with the context of
the existing and developing residential neighborhoods in the area. If the Commission
October 15,2015
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Page 9
finds the land use and density appropriate, staff recommends that the houses facing
Davis Boulevard have garage access from an alley at the rear of the lot. Staff does not
believe front-entry garages facing Davis Boulevard are suitable for the area. This area is
designated on the Comprehensive Land Use Plan as "Retail." The property is currently
zoned C-1 Commercial. Staff recommends denial of ZC 2015-12. Details of staff
concerns, which result in a recommendation of denial, listed below.
• Gated Community: Staff does not see gates as part of the city culture.
• Right-of-way forty (40) feet: Staff recommends fifty (50) feet standard width.
• Minimum 1,800 square feet house size: Staff recommends minimum 2,000 square
feet house size.
• Front Facing Garage: Staff recommends alley facing garage for properties facing
Davis Boulevard.
• Perimeter Fencing: Staff recommends decorative wrought iron with finials.
• Comprehensive Land Use recommends this area as retail. Staff always suggests
that the Commission carefully review the appropriateness of an application that is
incompatible with the Land Use plan. The density is not compatible with adjacent
residential.
Mike Benton inquired about width of the alley driveways.
Clayton Comstock responded that Hometown regulations, as a comparison, stipulate
seven and one-half (7.5) feet width. That might not be wide enough. Staff would
recommend an eighteen (18) foot wide alley to allow off-street parking.
Kathy Luppy was concerned about width of the alley driveways.
Clayton Comstock clarified that staff would probably recommend fifteen (15) feet of
right-of-way and twelve (12) feet of pavement for the alley.
Chairman Shiflet inquired about the depth of the property from Davis Boulevard.
Clayton Comstock responded that it is approximately four hundred (400) feet.
Chairman Shiflet brought up that the Comprehensive plan shows this as Commercial.
Were it to be commercial, the setbacks could be different.
Bill Schopper clarified that commercial businesses have had such a struggle in that
area. Restaurants have closed. The business has been soft. That does not mean it is
going to remain that way. It is simply an observation of past activity.
Applicant, Ben Johnson; 3509 Windsor Forest Drive; Grapevine, TX came forward to
present. We are presenting a product that is in demand. The answer to why we selected
this tract is that there has been a lot of traditional development. This is already a
predominantly residential area. There is a multi-family project to the north. I handled the
RI-PD south of this area nine (9) years ago. Pricing in the area supports three hundred
thousand ($300,000) to six hundred thousand ($600,000) houses. This project will allow
October 15,2015
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Page 10
three hundred thirty thousand ($330,000) to three hundred sixty thousand ($360,000)
property values. Reviewing surrounding commercial shows many businesses that have
closed. This is a mixed bag of commercial success. Residential single-family residential
possibilities include front entry garages with interesting architectural enhancements to
make the garage blend into the look of the home. Cluster style mailboxes and detailed
landscaping in the open area add to the look. In conclusion, we are presenting a high
demand residential product. Residential build out complements this area of the city.
Viable housing alternatives would fit well into Davis Boulevard. Trees placed along
Davis Boulevard will add to the ambiance. Deed restrictions in this HOA would stipulate
that front-facing garage doors would need to remain closed. There is limited viability for
commercial development in this area.
Bill Schopper inquired about the gated community concept and how that fits into our city
culture.
Applicant Johnson responded that they would like to have the gated community, but it
does not have to be. If not gated, there is a desire to have the Opticon-operated gate on
the end.
Bill Schopper inquired about right-of-way versus public street standard.
Applicant Johnson responded that they done really want to put in the city street
standard width of fifty (50) feet versus the forty- (40-) foot width street. There is a five (5)
foot easement in the rear yard. Experience has not worked well with alleys. Private
streets are not their desire. The preference is that the city would be able to work with
forty- (40-) foot wide streets.
Steven Cooper inquired about minimum square footage of less than two thousand
(2,000) square feet.
Applicant Johnson responded that it would be nice to have the one thousand eight
hundred (1,800) square foot minimum for marketing purposes. In reality, more likely the
purchased homes would exceed two thousand (2,000) square feet.
Mike Benton inquired about eliminating some of the rear yard to provide more back alley
width.
Chairman Shiflet opened Public Hearing at 8:39 p.m.
CC Bjork, 6812 Oriole Lane, came forward in favor. She stated that there are about one
hundred (100) homes in the area. Ben Johnson does whatever he does with his heart
and soul. There is a need for more homes such as this for the empty nester.
Scott Jones & Dianne Jones; 7816 Harvest Hill Road came forward in opposition. They
live in the street that backs up to this development on the west side. There is a drainage
ditch beside and behind their property. They have concerns about drainage. They do
October 15,2015
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Page 11
not want two story homes looking down into their property. The entrance onto Bursey or
Green Valley needs to be able to handle the traffic congestion.
There being no additional discussion, Chairman Shiflet closed Public Hearing at
8:44p.m.
STEPHEN COOPER MOVED TO DENY ZC 2015-12. THE MOTION DIED DUE TO LACK OF A
SECOND.
MIKE BENTON MOVED TO APPROVE ZC 2015-12 WITH THE FOLLOWING 4 STIPULATIONS. KATHY
LUPPY SECONDED THE MOTION.
1. THE DEVELOPMENT MUST NOT PROVIDE GATES ON ANY ENTRANCES
2. THE STREET RIGHT-OF-WAY MUST BE PUBLIC AND MEET CITY STANDARDS.
3. THE MINIMUM HOUSE SIZE MUST BE 2,000 SQUARE FEET FOR THE ENTIRE
DEVELOPMENT.
4. THE ORNAMENTAL IRON FENCE MUST INCLUDE DECORATIVE FINIALS.
CHAIRMAN SHIFLET OFFERED A FRIENDLY AMENDMENT TO ALLOW SEVEN HOUSES IN THE
DEVELOPMENT TO BE 1,800 SQUARE FEET PROVIDED THE HOUSES ARE NOT LOCATED SIDE-BY-
SIDE. THE AMENDMENT WAS ACCEPTED BY MIKE BENTON AND KATHY LUPPY.
Chairman Shiflet inquired about the alley. Mike Benton does not want to include the
alley in the stipulations of approval. Steven Cooper is not in favor of alleys.
MOTION TO APPROVE CARRIED 5-0
C.3 ZC 2015-19 Public Hearing and Consideration of a request from Dunaway
Associates, LP for a Zoning Change from "C-1 Commercial" to "NR-PD
Nonresidential Planned Development" on 1.009 acres located at the
southwest corner of Precinct Line Road & Martin Drive.
Principal Planner Clayton Husband presented ZC 2015-19 Pubic Hearing and
consideration of a request from Dunaway Associates, LP for a for a zoning change from
C-1 Commercial to NR-PD Nonresidential Planned Development on 1.009 acres located
at the southwest corner of Precinct Line Road & Martin Drive. Andy's Frozen Custard
proposes to construct a new restaurant at the southwest corner of Precinct Line Road
and Martin Drive. Planned improvements to the site include a 1,605 square foot
building, covered outdoor seating, and parking and landscaped areas. Indoor seating is
not provided. The design of the building includes the use of non-standard materials in
several areas, which would require special approval as part of the proposed zoning.
• Primary façade: Synthetic cement fiber exterior material manufactured by Nichiha
is proposed. The material has the appearance of cedar planking.
• Mechanical screening and refuse container gate: These elements are designed
to appear as louvered walls, which serves as an aesthetic enhancement as well
October 15,2015
P&Z Minutes
Page 12
as provides airflow into the areas. A synthetic wood product manufactured by
Trex is proposed.
• Rear façade: Hardie Panel is proposed to be used on the rear wall of the
building. This material is permitted as an accent material on secondary façade
walls, provided it does not cover more than fifteen (15) % of the wall area. As
proposed this material would cover the entire rear façade.
The comprehensive sign package for property. Several signs require special approval
as part of the proposed zoning.
• Wall sign and cone wall sign: These signs include the Andy's logo sign and a
cone graphic, which are located above the roofline of the building, which is not
permitted by the sign standards.
• Menu posters: There are three (3) menu posters proposed, which when
combined with all other signs exceeds the area permitted by the sign standards.
• Monument sign on Precinct Line Road: In addition to the store logo, the sign
includes a changeable reader board. This sign requires special approval by the
due to its size.
• Monument sign on Martin Drive: Staff recommends that this sign not exceed five
(5) feet in height and fifty (50) square feet in structure area.
• Directional signs: The size of the signs requires special approval.
• Thank you post signs: Staff recommends that the sign on the rear access drive
by the refuse container not be included as part of the sign package.
• Flagpole: The pole proposed near Precinct Line Road frontage is forty (40) feet
tall. Staff recommends that the height of the flagpole be reduced to make its
height more proportional with the height of the building.
The applicant is requesting a rezoning to Non-Residential Planned Development in
order to accommodate site-specific development standards. Staff recommends approval
of ZC 2015.
Applicant, Chris Biggers with Dunaway; 550 Bailey Avenue; Fort Worth, TX came
forward to present. He stated Andy's agrees with the sign changes except for the poster
signs, which is critical to the branding for the store. He stated the reduction in height of
the flagpole is acceptable.
Mike Benton inquired about maintenance of the building materials.
Matt Green, Bobcat Architects; 1016 Forrest Dr, Arlington, responded that Nichiha is a
very treatable sustainable dense product that resembles wood, but wears well.
Chairman Shiflet opened Public Hearing at 9:30p.m.
There being no additional discussion, Chairman Shiflet closed Public Hearing at
9:30p.m.
STEVEN COOPER MOVED TO APPROVE ZC 2015-19 INCLUDING ALL STAFF RECOMMENDATIONS
EXCEPT THE POSTER SIGNS WOULD BE ALLOWED ON THE BUILDING. BILL SCHOPPER
SECONDED THE MOTION.
October 15,2015
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Page 13
MOTION TO APPROVE CARRIED 5-0
C.4 TR 2015-02 Public Hearing and consideration of text amendments to
Chapter 118 of the Code of Ordinances related to Concrete Batch Plans,
Fuel Sales, and Secondary Dwelling Units.
Clayton Comstock presented that concrete batch plants are currently permitted with
SUP approval. Staff proposes to eliminate the concrete batch plant SUP requirement
and to allow temporary plants in all districts with a set of standards in place. Standards
to include:
Thirty (30) day approval with possible extensions, not to exceed 120 days.
Location would be on site specific to the project.
Set-backs from residential and school areas at 600 feet.
Hours of operation in conjunction with construction.
Elimination of dust, noise, and odor.
Compliance with federal and state laws.
Clayton Comstock presented fuel sales description in current code. Proposed changes
would eliminate the differentiation of eight (8) pumps and remove the reference to
number of pumps.
Clayton Comstock presented text proposals to accessory building structures. Staff
proposes to add a section regarding Secondary Living Units allowing an SUP provision
if the home owner is unable to meet the standards regarding maximum floor area and
other items.
Chairman Shiflet opened Public Hearing at 9:40p.m.
There being no additional discussion, Chairman Shiflet closed Public Hearing at
9:40p.m.
KATHY LUPPY MOVED TO APPROVE TR 2015-02. MIKE BENTON SECONDED THE MOTION.
MOTION TO APPROVE CARRIED 5-0
D. PLANNING AND DEVELOPMENT
D.1 PP 2015-05 Consideration of a request from Safeway Consulting &
Contracting LLC for a Preliminary Plat of Fresh Meadows Estates on 10.876
acres located at 8451, 8517, and a portion of 8463 Shady Grove Road.
APPROVED
MIKE BENTON MOVED TO APPROVE PP 2015-05. BILL SCHOPPER SECONDED THE MOTION.
October 15,2015
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Page 14
MOTION TO APPROVE CARRIED 5-0
ADJOURNMENT
Chairman Shiflet adjourned the meeting at 9:43 p.m.
Chairman
.,et11,40
andal Shiflet
Recor• • • ecretary
Cindy Sa +iI•'-
October 15,2015
P&Z Minutes
Page 15