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Home My WebLink AboutPZ 2006-05-18 Minutes MINUTES OF THE MEETING OF THE PLANNING & ZONING COMMISSION OF THE CITY OF NORTH RICH LAND HILLS, TEXAS MAY 18, 2006 1. CALL TO ORDER The meeting was called to order by Vice Chair Bill Schopper at 7:00 p.m. 2. ROLL CALL PRESENT Vice Chair Secretary Bill Schopper Don Bowen Ken Sapp Randy Shiflet Scott Wood Mike Benton Ex-Officio ABSENT Brenda Cole CITY STAFF Dir. of Planning & Development John Pitstick Asst. Dir. of Public Works Greg Van Nieuwenhuize Recording Secretary Holly Blake Chairman Richard Davis has submitted his resignation from the Planning & Zoning Commission to the Mayor and City Council effective May 15, 2006, as he successfully ran for election on May 13, 2006, to the School Board. 3. PLEDGE OF ALLEGIANCE 4. CONSIDERATION OF MINUTES FROM THE APRIL 20,2006 MEETING APPROVED Randy Shiflet, seconded by Scott Wood, motioned to approve the minutes of April 20, 2006. The motion carried unanimously (5-0). Page 1 of 5; 05/18/06 P & Z Minutes 5. FP 2006-03 CONSIDERATION OF REQUEST FROM STERLING PROPERTIES JOINT VENTURE TO APPROVE THE FINAL PLAT OF LOT 2, BLOCK 1, BRENTWOOD ESTATES ADDITION (LOCATED IN THE 8500 BLOCK OF DAVIS BLVD. - 3.638 ACRES). APPROVED John Pitstick presented FP 2006-03. This property is currently zoned "C-1" Commercial. Recently there was a site plan approval on this tract for office and commercial uses. The property fronts Davis Boulevard. The Comprehensive Plan depicts Neighborhood Services. The proposed plat is consistent with the plan. Staff recommends approval of FP 2006-03. Ken Sapp, seconded by Don Bowen, motioned to approve FP 2006-03. The motion carried unanimously (5-0). 6. ZC 2006-07 PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM ROYAL BUILDING CORPORATION AND COMIS DEVELOPMENT CORPORATION FOR A ZONING CHANGE FROM "AG" AGRICULTURAL TO "R-1" RESIDENTIAL (LOCATED IN THE 8800 BLOCK OF RUMFIELD RD. -1.31 ACRES). APPROVED John Pitstick presented ZC 2006-07. Comis Development is requesting a zoning change from "AG" to "R-1" for the purpose of developing a two lot subdivision. The "R- 1" district requires a 13,000 sq. ft. lot and a minimum 2,300 sq. ft. home. The Comprehensive Plan depicts low density residential development in this area which is consistent with the plan. To the north the property is zoned "AG", to the east is "R-2", to the south is "R-2", and to the west is "R-1-S". Staff has received letters from surrounding neighbors regarding opposition to this zoning change. Due to the number of letters, this may require an override vote for City Council. Mr. Schopper opened the public hearing. Mark Comis, 7420 Comis Drive, came forward. Mr. Comis stated that the lots will exceed "R-1" standards, being more than double the required square footage per lot. He believes that the lots in this area are larger because sewer was unavailable and septic tanks are used. The surrounding properties were never developed into anything smaller because of the expense of tying into City sewer. It has been determined that the sewer, which is down Rumfield Road, was deep enough to sewer this property. Comis Development is willing to incur the expense of running the sewer to this property. Just recently case number ZC 2004-09 was approved for "R-2" by the Planning & Page 2 of 5; 05/18/06 P & Z Minutes Zoning Commission and City Council. These homes will be estate style homes on very large lots. Herb Taylor, 8916 Kirk Lane, came forward. Back in 1994, Mr. Taylor subdivided his property in order to build a home for his father. Originally, Mr. Taylor wanted to give his father .66 acres but because of deed restrictions Mr. Taylor had to give has father one acre. According to deed restrictions, each lot has to have at least one acre in order to build on it. He stated that this should also apply to Mr. Comis. Mr. Sapp asked for verification of the zoning of the property to the east. Mr. Pitstick stated that he would get the zoning map. Regarding deed restrictions, the City does not enforce deed restrictions. Mr. Schopper agreed that deed restrictions are a legal matter. Mr. Sapp added that the deed restrictions relate to whether the property is well and septic. If the property is on public sewer sometimes the restrictions do not apply. Mr. Shiflet asked Mr. Taylor to clarify if he was for or against the zoning change. Mr. Taylor stated that he was for the zoning change but against subdivision of the property. Ben Loibl, 8908 Kirk Lane, came forward. Mr. Loibl stated that he is not against the zoning change, but Mr. Loibl is against the subdividing of the property. This is not consistent with the surrounding property. Mr. Loibl explained that he would like to see only one house built on the lot. Mr. Loibl stated that he is currently building a home behind the property and feels that putting two homes in one lot is not consistent with the neighborhood or the property. Mr. Loibl handed out a petition to the Commission and two more letters explaining opposition for ZC 2006-07. Mr. Schopper explained that part of the reason for such large lots is due to septic tanks. Mr. Loibl stated that he didn't believe that was the intention. The intention was to live on large estate style property. Mr. Schopper stated that a lot of property has been subdivided out of that addition into smaller lots. Mr. Pitstick explained the zoning of the surrounding property. Mr. Shiflet noticed that Mr. Loibl's property is zoned "AG" and would like to know how he is able to build a home on "AG" property. Mr. Loibl explained that it is a remodel not a new home. Pao Ly, 8805 Rumfield Road, came forward. Mr. Bowen explained that deed restrictions should not be discussed in this meeting because it is a civil matter. Deed restrictions are irrelevant to these proceedings. Page 3 of 5; 05118/06 P & Z Minutes Mr. Ly stated that septic systems are not an issue. Only one house should be built on the property. Mr. Comis came forward and explained that Comis Development has a clean title to the property with no restrictions. What is being proposed fits the zoning and City regulations. Mr. Sapp asked how far the setbacks were going to be. Mr. Comis answered that the setback would match the property to the east, at least 70-ft. There are a lot of trees in the front of this property that Mr. Comis would like to keep. Mr. Wood asked Mr. Com is how large the property to the east is. Mr. Comis answered that it is about 35,000 sq. ft. It is just under an acre due to the expansion of Rumfield Road. Mr. Bowen asked Mr. Comis how much he planned on selling the homes for. Mr. Comis answered $350,000. Mr. Schopper asked if anyone else wished to speak in regards to ZC 2006-07. Being none, the public hearing was closed. Mr. Bowen asked Mr. Pitstick to explain "R-1" and "R-2" zoning. Mr. Pitstick explained the lot and area requirements for the two zonings. Randy Shiflet, seconded by Don Bowen, motioned to approved ZC 2006-07. The motion carried unanimously (5-0). Mr. Wood asked the Commission if the zoning is approved does that mean the developer can automatically divide it up? Mr. Bowen explained that the next case is a platting case. If that plat meets the City's subdivision ordinance this Commission can't turn it down. Mr. Sapp added that this is a unique neighborhood. The lots are large, wooded and the setbacks are far from the road. However there is some inconsistency in the sizes of the lots. Some have been replatted to "R-2" recently. These lots are going to 28,000 sq. ft. with a far setback from the road with a rural appearance. They will be expensive homes based on the quality of the lots. The applicant's request is justified in this particular case. Mr. Shiflet stated that a petition has been submitted. This Commission's decision will be a recommendation to the City Council. If the petition meets the criteria then it will require a super majority of the Council which is six out of seven votes to approve. Page 4 of 5; 05/18/06 P & Z Minutes 7. PP 2006-05 CONSIDERATION OF A REQUEST FROM ROYAL BUILDING CORPORATION AND cOMIS DEVELOPMENT CORPORATION TO APPROVE THE PRELIMINARY PLAT OF LOTS 1-2, BLOCK 1 REAVES ADDITION (LOCATED IN THE 8800 BLOCK OF RUMFIELD RD. - 1.31 ACRES). APPROVED John Pitstick presented PP 2006-05. The developer would like to divide this property and build two homes. The property is currently zoned "R-1". Staff recommends that the developer keep the setbacks in line with the neighborhood. Mark Comis, 7420 Comis, came forward. Scott Wood, seconded by Don Bowen, motioned to approved PP 2006-05 with the amendment that the developer keeps the setbacks consistent with the neighborhood. The motion carried unanimously (5-0). 8. SP 2006-07 CONSIDERATION OF A REQUEST FROM MO KAEINI TO APPROVE A REVISION TO THE SITE PLAN FOR A SMALL MULTI-FAMILY COMPLEX, COLLEGE HILLS ADDITION, LOT 5R, BLOCK B (LOCATED IN THE 6100 BLOCK OF HOLIDAY LANE -1.16 ACRES). WITHDRAWN The applicant withdrew his request for consideration. He plans to build a multi-family complex per the existing site plan. 9. ADJOURNMENT The chairman adjourned the meeting at 7:42 p.m. Vice Chairman \ (JL)J~L Bill Schopper --- Page 5 of 5; 05/18/06 P & Z Minutes