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HomeMy WebLinkAboutPZ 2004-03-18 Minutes MINUTES OF THE REGULAR MEETING OF THE PLANNING & ZONING COMMISSION OF THE CITY OF NORTH RICHLAND HILLS, TEXAS MARCH 18, 2004 1. CALL TO ORDER The meeting was called to order by Chairman Don Bowen at 7:05 p.m. 2. ROLL CALL PRESENT Chairman Don Bowen Bill Schopper Ted Nehring Brenda Cole James Laubacher Ken Sapp Richard Davis CITY STAFF City Planner Building Official Asst. Director of Public Works Assistant City Manager Office Coordinator Donna Jackson Dave Pendley Lance Barton Bo Bass Carolyn Huggins The Ex-Officio, Suzy Compton was present for the meeting. As stated in Ordinance 2714, an ex-officio member shall have no power to vote or participate in decision-making, but will be entitled to observe all proceedings of their respective commissions. 3. PLEDGE OF ALLEGIANCE 4. CONSIDERATION OF THE MINUTES OF FEBRUARY 19, 2004. APPROVED Page 1 03/18/04 P & Z Minutes Ms. Cole, seconded by Mr. Nehring, motioned to approve the minutes of February 19,2004. The motion was approved by unanimous vote (7-0). 5. PS 2003-39 CONSIDERATION OF A REQUEST FROM JAMES AND DEANA DAVIS AND MARK T. & KATHERN HARWELL TO APPROVE THE FINAL PLAT OF LOT 1R & 3R, BLOCK 14 GLENANN ADDITION LOCATED AT 8612 & 8620 MARTIN DR. APPROVED Ms. Jackson explained that the applicants are applying for a final plat for Lots 1 R & 3R located at 8612 and 8620 Martin Drive. The home on Lot 1 R is built over the east property line and this replat will move the common line between the existing lots so that 1 R will meet the side setback requirements. This request adheres to the Comprehensive Land Use Plan which calls for low density in this area. This request complies with both the zoning and the subdivision ordinances. Public Works requests that Lot 1 R have a requirement for the construction of sidewalks because Lot 3R already has the City development agreement for sidewalks. Staff recommends approval with the stipulation request from Public Works. Chairman Bowen called for questions. There were none and the Chairman called for a motion. Mr. Sapp, seconded by Mr. Davis, motioned to approve PS 2003-39 with the stipulation that Lot 1 R be required to complete a Developer Agreement. The motion was approved unanimously (7-0). 6. PS 2003-60 CONSIDERATION OF A REQUEST BY BIRDVILLE INDEPENDENT SCHOOL DISTRICT TO APPROVE THE FINAL PLAT OF LOT 1, BLOCK KK, HOME TOWN NRH ADDITION LOCATED IN THE L.C. WALKER SURVEY, A-1652 (10.660 ACRES). APPROVED Ms. Jackson explained that Birdville ISD would like to final plat this lot in order to construct a new elementary school in Home Town. It is located at the northwest corner of the intersection of the proposed Bridge and Parker Streets in Home Town. The rear of the school is on Simmons Dr. It is zoned Town Center and a school is allowed in any zoning district of Town Center. The Thoroughfare Plan calls for Bridge to be an 80-50 (80-ft. right-of-way with 50-ft. of pavement) and Parker Blvd. will be a CS 70-40, which Page 2 03/18/04 P & Z Minutes is 70-ft. of right-of-way with 40-ft. of pavement, and Simmons Dr. is a North Richland Hills C-2-U. Staff has reviewed the plat and determined that it meets all zoning and subdivision ordinances and Staff recommends approval with the stipulation that a 15-ft. sanitary sewer easement be added to the north property line of the plat. Chairman Bowen asked if the school district is aware of the need for the sewer easement. Ms. Jackson responded that they are aware of the need to add the easement. Mr. Davis asked if they object. Victor Baxter, with Schrickel, Rollins and Associates, the engineering firm for this project, stated that the school district does not object. Mr. Davis, seconded by Mr. Schopper, motioned to approve PS 2003-60 with the addition of the 15-ft. sewer easement along the north property line. The motion was approved unanimously (7 -0). 7. PZ 2004-03 PUBLIC HEARING TO CONSIDER A REQUEST FROM KENT COOLEY FOR A ZONING CHANGE FROM "AG" AGRICULTURAL DISTRICT TO "R-1" SINGLE FAMILY RESIDENTIAL DISTRICT LOCATED AT 8720 AMUNDSON (0.996 ACRES IN THE T. K. MARTIN SURVEY, A-1055). APPROVED 8. PS 2004-04 CONSIDERATION OF A REQUEST FROM KENT COOLEY TO APPROVE THE PRELIMINARY PLAT OF LOTS 1 & 2, BLOCK 1 COOLEY ADDITION LOCATED AT 8720 AMUNDSON (0.996 ACRES). APPROVED Ms. Jackson explained that the rezoning request is to rezone the property from "AG" Agricultural to "R-1" Single Family Residential. R-1 zoning requires 13,000 sq. ft. minimum. This property meets the minimum. The applicant plans to build on one lot and sell the other lot. The Comprehensive Land Use Plan indicates low density in this area and this plat complies. The Thoroughfare Plan has frontage along Amundson which is a C-2-U with 60-ft. of right-of-way. Chairman Bowen opened the public hearing. There was no one wishing to speak for or against the zoning change and the Chairman closed the public hearing. Mr. Nehring, seconded by Ms. Cole, motioned to approve PZ 2004-03. The motion was approved unanimously (7-0). Page 3 03/18/04 P & Z Minutes The Chairman called for discussion on the preliminary plat. Mr. Davis asked that the motion include verification of the right-of-way on Amundson as requested by staff. Mr. Schopper asked how the drainage would be handled. Mr. Davis suggested that staff recommendation be followed in that the building permit will not be issued unless there is an approved grading plan. Mr. Schopper asked if that note should be on the plat itself. Mr. Davis stated that the minimum requirement will be a site grading and drainage plan when the building permit is applied for. Mr. Schopper motioned to approve the preliminary plat of PS 2004-04 for Lots 1 & 2, Block 1 Cooley Addition with the first stipulation being that the right-of-way of Amundson is verified, and the second stipulation is that Amundson is spelled correctly on all documents, and the third stipulation is to make sure that a note is placed on the final plat that no building permit will granted unless a grading plan has been presented and accepted by the City engineer. The motion was seconded by Mr. Davis and was approved unanimously (7-0). 9. PZ 2004-04 PUBLIC HEARING TO CONSIDER A REQUEST FROM BH CH GA LLC FOR A ZONING CHANGE FROM "AG" AGRICULTURAL DISTRICT TO "R-2" SINGLE FAMILY RESIDENTIAL DISTRICT LOCATED AT 9200 NOB HILL DRIVE (2.145 ACRES). CONTINUED 10. PS 2004-05 CONSIDERATION OF A REQUEST FROM BH CH GA LLC TO APPROVE THE PRELIMINARY PLAT OF LOTS 18R-22, BLOCK 1 AND LOTS 1-5, BLOCK 5 WOODLAND OAKS ADDITIONL LOCATED AT 9200 NOB HILL DR. (3.248 ACRES). DENIED Ms. Jackson explained that the applicant wishes to rezone the 2.145 acre tract from "AG" Agriculture to "R-2" Single Family. The applicant will combine this site with another that is already residentially zoned. The site is located at 9200 Nob Hill Dr. The applicant has submitted a preliminary plat. The Thoroughfare Plan designates Nob Hill Drive as an undivided two-lane residential local street with 50-ft. of right-of-way. The lots have frontage on Precinct Line which is a 7 -lane principle arterial. The Comprehensive Plan calls for office but downsizing to residential reflects current trends. The plat will make this site into a 10-lot subdivision. Utility easements are located in both the front and rear on these lots. The applicant is asking permission to put the Page 4 03/18/04 P & Z Minutes utilities in front in order to preserve the trees in the area. The applicant is also asking permission to rotate Lot 5 in order to meet setback requirements. Mr. Nehring asked if the entire 10-lot site did not match the Comprehensive Plan. Ms. Jackson responded that the entire area is designated "office" on the Comprehensive Plan. Chairman Bowen opened the public hearing. Jim Mayden, 6700 Crane Road, has lived at his residence since 1996. He stated that he has had discussion with the applicant, Mr. Bhatti, about deed restrictions and assumptions that needed to be met in the Addition. Mr. Mayden stated that Mr. Bhatti has been very agreeable to speak with. Mr. Mayden thinks that this concept will add value to Woodland Oaks Addition. He stated that every home, on average, will be almost 1 ,OOO-sq. ft. bigger than the average size home that is currently in Woodland Oaks. He stated that Mr. Bhatti is willing to abide by all the restrictions and willing to extend the masonry wall at the entrance of Precinct Line. He stated that Mr. Bhatti is also willing to meet with the homeowners and discuss any issues they may have. Mr. Mayden stated that he is whole-heartedly in favor of Mr. Bhatti's plans. The applicant, Mr. Bhatti, stated that this will be a small, beautiful subdivision which will uplift the neighborhood and give people one more outlet. He stated that only four lots will be in the homeowners association, but he plans to make all 10 lots fit the aesthetics of the subdivision. Mr. Davis asked if Mr. Bhatti planned to have deed restrictions, although the City doesn't enforce them, regarding the size of the houses. Mr. Bhatti responded that he was planning to have deed restrictions and that he was proposing 3400-sq. ft. minimum. Patsy Tucker, 6801 North Oaks Dr., stated that she has lived in Woodland Oaks almost ten years and is very proud of her neighborhood and she believes that what is being proposed would be a beautiful blending of what was agriculture into her current R-2 area. She is in favor of this proposal. Freddie Rogers, 9128 Nob Hill Dr., stated that he is in opposition to Agenda Items 9 and 10. He stated that they have a unique neighborhood and development as they are about the third highest point in Tarrant County. He stated that they can see downtown Dallas, Ft. Worth, and Arlington from their location and they can watch fireworks from Bedford, Arlington Stadium, and TCJC. Neighbors stand in each other's driveways to watch fireworks and Mr. Rogers does not want to see the subdivision lose its uniqueness with the proposed development. He stated that he loves birds and animals and he feeds raccoons, possums, birds, a roadrunner, and a fox that passes through every now and then. He believes that if the agriculture is rezoned to R-2, they will lose the beauty of the animals that come through during day and night. He is also opposed to another entrance and exit from this development. He believes crime will increase with the increase in traffic through their residential area. Mr. Rogers began to explain a Page 5 03/18/04 P & Z Minutes situation with a previous developer, and his dissatisfaction with the City Council's handling of that situation, but Chairman Bowen asked Mr. Rogers to stay with the current agenda item subject. Mr. Rogers stated that he is in opposition to another entry off of Precinct Line Rd. He also asked if there is a tree ordinance and would any of the trees that exist remain. Chairman Bowen asked Mr. Pendley, the Building Official, to answer Mr. Rogers question after additional questions from the Commission. Mr. Nehring stated that the Comprehensive Plan calls for Office for this area. He asked Mr. Rogers if he would oppose offices in that location. Mr. Rogers stated that there are some offices just to the north that are not unsightly, although he wonders if there is enough room for cars and businesses in the proposed acreage, but his main opposition is the new cut-through that would bring more traffic off of Precinct Line Rd. in and through the development. Mr. Davis asked Mr. Rogers if he is for or against residential development. Mr. Rogers stated that he is not against residential development, but he is opposed to an additional entrance. Mr. Davis asked Mr. Rogers if he would support the zoning change if the entrance wasn't allowed. Mr. Rogers stated he would be in favor of the project if there was not an entrance off of Precinct Line Rd. Chairman Bowen asked Mr. Pendley to answer Mr. Rogers question about the tree ordinance. Mr. Pendley stated the City does have a tree ordinance, but he does not wish to mislead anyone. It is Mr. Pendley's understanding that the developer and the builder are going to try to make every attempt to save as many trees as possible. It is a value they want to add to the lots, but the way the ordinance reads, when it comes down to grading and drainage and the actual building site, there is free rein to remove trees for that purpose. The ordinance keeps the developer and builder from clearing everything, but with the grades on these particular properties, a lot of the trees will disappear. Kent Davis, 6817 Nob Hill Dr., stated that his office address is 9284 Huntington Square which is one of the office sites just north of this tract. He is not a member of the homeowners association of Woodland Oaks. He is one of the two lots that were platted in the separate Martin Addition and he is in opposition to this zoning change. He stated that the Comprehensive Land Use Plan calls for "0-2" for the tract to the north, which is the area that the developer is picking up. Mr. Davis stated that the "0-2" zoning will not allow cut-throughs from the office buildings into neighborhoods and that the "0-2" zoning feeds traffic onto Precinct Line Rd. at only certain times of the day. Mr. Davis would like to see the Comprehensive Plan followed. He stated that he is a realist and if this development cannot be prohibited, he would like to see the cul-de-sac turned around and avoid the cut-through to Precinct Line Rd. Mr. Davis stated that he bought his property at the top of the hill and invested a substantial amount of money in developing his property and part of the attraction was that Nob Hill is a dead end. He stated that Smithfield Middle School lies to the west of this subdivision and that W.Ä. Porter lies to the east of the subdivision and their streets are a thoroughfare between the elementary school and the middle school. He believes another cut-through will be a Page 6 03/18/04 P & Z Minutes safety and traffic concern, especially since Precinct Line Rd. at 7:30 a.m. has plenty of traffic already and doesn't need anymore. The Comprehensive Plan was developed and the City Council has charged the Commission members with this plan and Mr. Davis asked the P&Z Commission to stick to the Comprehensive Plan. David Barfield, 6821 Nob Hill, stated that he is the original developer of the Nob Hill Subdivision and he laid out a cul-de-sac with the intention of getting access from the property owner to the north to complete the cul-de-sac but he was unable to get access. He stated that the owners of the property went bankrupt and the bank took over the property. Mr. Barfield stated that he was a member of the P&Z Commission for 15- years and at that time this property was designated as residential on the master plan. When it was changed to Office, he stated that he was not notified of the change and he found that upsetting. He does not wish to see the street continued out to Precinct Line Rd. He stated that there are a tremendous amount of walkers, joggers, and kids on skateboards in the neighborhood and they come because they know it's safe. He stated that if this is opened up as a thoroughfare someone is going to get hurt because it is a tall, blind hill and people should not be driving back and forth over this hill. Cars need to go out another way. Mr. Barfield stated that he knows the Fire Department does not like long, dead end streets, but his suggestion is to turn the street and cul-de- sac it. He believes the owner of this property has a right to develop the property and use it to its highest and best use, and residential would be nice. He also would not have an objection for commercial zoning as long as the street remains residential. He stated that he owns property to the north and he doesn't have a problem with it being commercial. He is avidly opposed to opening this street up to Precinct Line Rd. Mo Rabii, 9117 Nob Hill Dr., stated that he is a builder, developer, and licensed real estate agent who built several homes in this neighborhood. He does not wish to see the original master plan disturbed which called for a cul-de-sac and private area. Mr. Rabii is upset that he did not receive notification from the City of this case. [The City notifies within 200 ft. -- notification began at 9121 Nob Hill Dr.] Mr. Rabii said that many kids play in this area and he objects to opening the street which will allow traffic through. He also stated that the square footage of the house is not the only thing that values the property. A large home may not be desirable enough for the area. He stated that other restrictions should apply. Chairman Bowen explained that Mr. Rabii may not have received notice because the portion of property closest to Mr. Rabii is already zoned residential therefore he would not fall under the notification requirements of state law. Mr. Rabii replied that his neighbors on both sides received it. [Recording Secretary note: Mr. Rabii is located at 9117 Nob Hill Dr., Notification was sent to his neighbors to the east: 9121 & 9125 Nob Hill Dr. Mr. Rabii's address and on to the west were beyond the 200-ft. notification.] Roy Sullins, 6705 Nob Hill Ct., stated that he, like Mr. Barfield, bought the lot and built on the property for the privacy. He stated that it is nice, and there are a lot of people walking through the neighborhood and enjoying the atmosphere. He stated that he has no problem with developing this land. He believes that when someone buys land and Page 7 03/18/04 P & Z Minutes pays taxes they ought to be able to develop it. On the other hand, the owner bought this land well aware of the problems involved with this. He should not be allowed to come in now and change it. He explained that this is a very steep hill so when it is developed special attention should be given to drainage. Mr. Sullins said that he spent $18,000 to protect his neighbors below him. He objects to the exit to Precinct Line Rd. He does not object to residential or office zoning. He believes there will be a problem with the 90 degree turn that the applicant is proposing. He believes a fire truck will not be able to get through that turn. Mr. Sullins would like to see the street end in a cul-de- sac. He stated that the applicant bought this land, knew the problems when he bought it, and he should not come in and put another exit there; it's not needed and it will be dangerous. Mr. Sullins commented about the neighbors who spoke for this proposal, but the Chairman asked Mr. Sullins to address his comments to the Commission members and to leave the neighbors out of his remarks. Mr. Sullins asked the Commission members to not put another exit or entrance into this subdivision. Jerry Moore, 9121 Nob Hill Dr., stated that this area is one of the highest points in Tarrant County, if not the highest, and is probably also the steepest grade, especially in North Richland Hills. It would be a safety hazard to open this road. The Homeowners Association appealed to the Council recently about putting in speed bumps and things to cut down the traffic. Mr. Moore is not in favor of speed bumps. He believes putting the street through to Precinct Line Rd. would increase the traffic load and cause a safety hazard and he is very opposed to opening up the road. Margie O'Donnell, 6729 Rolling Hills Dr., is a member of the homeowners association and is not in favor of an access to Precinct Line Rd. She stated that with the back entrance to Crane Road, and the fact that the rest of the world found out that there is a back entrance, has caused an incredible increase in the amount of traffic going through the subdivision on a daily basis between the two schools. Ms. O'Donnell stated that the roads have been patched many times in the 10 years that she has lived there - not repaved, but continually patched, and that is due in part to the increased amount of traffic that comes in through Crane Rd. and goes out the front and vice versa. Adding more traffic will cause the condition of the roads to continue to deteriorate. She stated that no one goes slower than 45 mph through the neighborhood and it takes sheer luck to get onto Precinct Line Rd. where no one goes less than 65 mph. Traffic is a definite concern and she does not vote in favor of an access to Precinct Line Rd. Mr. Nehring asked if she feels the traffic is coming to and from the schools. Ms. O'Donnell responded yes. She stated that the quality of the streets has continued to deteriorate over 10 years and that they have never been repaved, but only patched. Mr. Davis stated that once every 10 years is pretty rare. He stated that his neighborhood streets have not been repaved in 20 years. Ms. O'Donnell stated that she didn't know if the traffic volume was the same in his neighborhood. She stated that a lot of the traffic through the neighborhood is from people who do not live there. She stated that they use the back entrance onto Crane more so than Precinct Line because it is so difficult to get out onto Precinct Line, however, Crane Rd. has not been widened and improved which is destroying the brick entrance of Nob Hill which the Homeowners Association is Page 8 03/18/04 P & Z Minutes going to have to pay to replace. Traffic is a major problem in this neighborhood and another access will quadruple the traffic concerns. She stated that North Richland Hills would like to have a comparable quality of life of Hurst, but she is not seeing that. She also stated that she has seen the City Council overturn the Planning & Zoning Commission vote. She stated that she has seen P&Z vote against things here, such as Home Depot, and have it overturned by the City Council. She stated that she hopes that does not happen this time. Paul Littlejohn, 6700 Nob Hill Ct., stated that he bought his property because it is unique. He stated that it is one of the highest points in Tarrant County and because of its uniqueness there are a lot of people who like to walk there. He is concerned about opening the street up to Precinct Line Rd. He doesn't object to the residential zoning, but does not want to see the access to Precinct. He'd rather see a cul-de-sac. Michael O'Donnell, 6729 Rolling Hills Dr., was present and is opposed to these requests, but he did not wish to speak. Kathy Kirkham, 6804 Nob Hill Dr., stated that she has a list of Woodland Oaks homeowners who oppose this case. [in file] She stated that she does not mind residential but she does not want access to Precinct Line Rd. Billie Morrow, 6813 Nob Hill Dr., stated that when she invested in the lot and the home that she lives in, which is valued at about $400,000, she bought in this area because it is a cul-de-sac, a private area, and a safe area. She stated that she is opposed to the entrance from Precinct Line Rd. She stated that she is not opposed to residential building, but she is opposed to homes that would not be comparable to what exists. She stated that it sounds like the square footage would be a nice amount but that square footage alone would not make the house comparable to the custom homes in the subdivision. Mr. Davis stated that the minimum square footage of the zoning that has been requested is 2,000 sq. ft. If the applicant offers 3,400 sq. ft., which will be in a deed restriction only, the City cannot enforce deed restrictions. The City can only enforce the zoning classification of 2,000 sq. ft. minimum. Mr. Sapp stated that for the lots and the price of the lots, the builder, in order to make it economically viable, is going to have to build homes much larger than that. Ms. Morrow responded that she is concerned with the quality. Mr. Davis stated that the bar was raised many years ago when the minimum was raised to 2,000 sq. ft., but he wanted to make sure that the audience understood that the City cannot enforce over the minimum required for the approved zoning. Ms. Morrow said she understood, but her main opposition, like everybody else, is for having an entrance off Precinct Line Rd. Paul Young, 9141 High Oaks Dr., stated that he has kids who ride their bikes and play in the common areas and he is opposed to the entrance on Precinct Line Rd. because there would be accidents because of the steep grade and he would hate for his Page 9 03/18/04 P & Z Minutes daughters to be walking or riding their bikes and have someone fly through the neighborhood and cause a tragedy. Mr. Nehring asked if he is opposed to the residential zoning. Mr. Young responded that he is not. Kent Davis returned to the microphone with the Chairman's permission to ask when the staff would address drainage analysis and the need for engineered retaining walls. Chairman Bowen explained that those items would occur during the platting stage. Richard Davis added that the drainage for the streets will be addressed during the final platting stage when detailed design engineering plans will be required. However, because of the topography and uniqueness of these lots, Staff has mentioned recommending that the lots possibly should not be pre-graded, but each site plan will stand on its own and at building permit stage the grading/drainage plan will be submitted. That way, there might be a possibility for multi-level type houses without moving a lot of dirt and trees. The street drainage will be at final plat, but each lot, because of the topography, may happen on a per-lot basis. The building permit would be held until the grading/drainage has been completed and approved. Kent Davis asked if the surrounding homeowners would have a standing to sue if the builder doesn't comply with deed restrictions. Richard Davis stated that if he is not a member of the homeowners association, he would not have any standing. Richard Davis asked Kent Davis if he would be opposed to R-2 zoning. Kent Davis responded that he would be opposed to the residential zoning because he would like to see the Comprehensive Land Use Plan followed. Chairman Bowen asked if Mr. Bhatti wished to respond. Mr. Bhatti stated that everyone seems to be opposed to the exit for safety reasons, but he stated that it would be a very long way in and out if the street ends in a cul-de-sac. He stated that it would not be easy for emergency vehicles to reach those living on that end of the subdivision. He stated that there are two other roads connecting the elementary and middle schools. He doesn't believe that people will roam around in the neighborhood. He believes that his plan will uplift the neighborhood more than what it is right now. Chairman Bowen closed the public hearing and asked for discussion. Mr. Sapp asked staff if it would be possible to have a cul-de-sac terminating this street at Lots 3, 4, 5 and 22. Ms. Jackson stated that the Fire Department would have to be consulted. Mr. Barton stated that he couldn't say for sure without further analysis, but he believes the total length would be in excess of the maximum length allowable. Also, given the topography, he believes the Fire Department would have some concerns with having only one way in, especially if it's bad winter weather. He stated that this has not been discussed because this is the only layout presented by the applicant. Ms. Cole asked if the original cul-de-sac was towards the bottom of the hill. Mr. Barton stated that it was. Mr. Nehring asked for clarification - would a cul-de-sac not work there? Mr. Barton stated that he doesn't have a dimension of the full length of the road coming in from the west, but he believes it would exceed the maximum length of 500-ft. for a cul- Page 10 03/18/04 P & Z Minutes de-sac. Chairman Bowen stated that given the topography and the distance, he believes the Fire Department would be uncomfortable with a cul-de-sac. Mr. Barton agreed with the Chairman. He stated that if there was a fire, or there was an icy night, and someone needed to get out of there in a hurry, it would be hard to get in and out. Richard Davis stated that there is a house in between this property and Huntington Square and he wondered if the road could dead end to the property to the north and then completed when that property develops. Mr. Barton responded that Staff could not recommend a dead end street because it doesn't resolve the fire issues. Mr. Davis stated that he understands the Fire Department's rational and reasoning for an exit. However, he believes that a cul-de-sac in this addition will present no different problem than the cul-de-sac in his own neighborhood which presents a 50-ft. radius. He stated that perhaps a 60-ft. radius, rather than a 50-ft. radius, would work. The Chairman asked the Commission members to return their focus to the zoning case. He asked for discussion or a motion. Mr. Nehring, seconded by Mr. Schopper, motioned to deny PZ 2004-04. Ms. Cole stated that she is concerned about the street layout. She isn't opposed to the residential. Mr. Davis stated that there is no way to fix the residential layout unless there is more property to the north and a horseshoe can be created and lots back up to the existing Lot 18. Mr. Sapp stated that he supports residential use but is reluctant to vote for rezoning without knowing that the design is going to be suitable for the property. Mr. Schopper stated that he doesn't have a problem with the cul-de-sac although there seems to be fire concerns. He asked if it would be possible to look at this another time with a cul-de-sac. Mr. Davis asked if they are stretching the limits of the subdivision rules and regulations. He stated that 500 is a guideline; it is not cast in stone. He mentioned Winslow Court as an example. Chairman Bowen stated that the topography of this site is different than anything else in the City and he doesn't believe that a cul-de-sac will work in there for reasons of safety. He doesn't believe that a fire truck would be able to turn around, even with 60-ft., if there are cars in the cul-de-sac. Mr. Davis stated that office use for this area was a good decision and if this area had more property to the north a nice complex could be made where nothing would go into Woodland Oaks. David Barfield, a member of the audience, returned to the podium with the Chairman and Commission's permission, and stated that when he put in Nob Hill Dr. he faced this Page 11 03/18/04 P & Z Minutes same issue because of the length of the street. He stated that Nob Hill Ct. is a very large cul-de-sac with an island in the middle that is landscaped and planted and meets all of the Fire Department requirements. If the applicant would put in a similar cul-de- sac, he will meet Fire Department requirements. Mr. Davis asked what the radius is of Nob Hill Ct. Mr. Barfield stated it is 50-ft. radius so it is a 100-ft. wide court. Ms. Cole stated that she believes assumptions are being made that this couldn't work, because it was originally designed to end in a cul-de-sac. Chairman Bowen commented that this is a catch-22. He doesn't believe it will work without the street being open and he personally doesn't believe it should be opened. He believes a different plan is needed and that plan should be passed by the Fire and Police Departments. Mr. Sapp stated that if the motion is denied, the applicant could come back with a different design and reapply for rezoning. Chairman Bowen stated that the applicant could also appeal to the City Council. Mr. Laubacher stated that it seems clear that this body is, generally speaking, in favor of residential under the right circumstances. He believes that the residents in the area are also generally in favor of residential under the right circumstances. Mr. Laubacher stated that he doesn't think this is the right circumstances and for that reason he will vote no for the zone but he encourages the applicant to come back with more specifics. Mr. Davis suggested that instead of denial could this issue be tabled to give the applicant 30 days to consult with the Fire Department and Staff. Mr. Nehring asked the applicant if he is interested in that option. Chairman Bowen explained to the applicant that there is a motion on the floor to deny his request, but the Commission would be willing to delay this for 30 days in order to bring forth a different layout. Mr. Bhatti stated that he would take the 30 days to come up with a different plan and to try to get the blessing of the Police and Fire Departments for a cul-de-sac. Mr. Nehring withdrew his motion; Mr. Schopper withdrew his second. Ms. Cole mentioned the utilities. Mr. Schopper explained to the applicant that because of the grading and probably a large loss of trees, the City would prefer the utility easements to be in the rear only. Mr. Nehring motioned for a continuance to April 15, 2004 for PZ 2004-04. Mr. Schopper seconded the motion. The motion was approved unanimously (7-0). Mr. Schopper motioned to deny PS 2004-05. Ms. Cole seconded the motion. The denial passed unanimously (7-0). Page 12 03/18/04 P & Z Minutes 11. PS 2000-38R4 CONSIDERATION OF A REQUEST BY ERNEST HEDGECOTH CONSULTING ENGINEERS, INC. ON BEHALF OF WOODFOREST NATIONAL BANK FOR SITE PLAN APPROVAL OF A PROPOSED OFFICE BUILDING ON LOT 5 OF THE WAL- MART ADDITION PLAT. APPROVED Ms. Jackson stated that this is the fourth revision to the Wal-Mart PD. The request is for a 22,981-sq. ft. two-story bank/office building on Lot 5 of the Wal-Mart Addition. The proposed use is consistent with the Comprehensive Land Use Plan and meets architectural, landscaping and parking requirements. There is a height variance request. Maximum height permitted is 38-ft. The applicant is requesting 44-ft. Staff recommends the composition roof material be replaced with a standing seam metal roof. Mr. Sapp asked if the top of the cupola is also composition. The engineer, Ernest Hedgcoth, stated that it is composition. Mr. Schopper asked if the additional height will cause problems for the surrounding businesses. Mr. Hedgcoth stated that this is only 6-ft. higher than the allowable height and it is only 4-ft. wide. He believes the additional height was requested in order to give the building symmetry. Mr. Davis stated that it gives this building an architectural feature that sets it apart, although he doesn't believe another bank is needed in that area. Mr. Hedgcoth stated that with five banks in that area something was needed to distinguish it. Chairman Bowen asked if the applicant is willing to comply with staff's request for a standing seam metal roof. Mr. Hedgcoth stated that the applicant is willing to comply. He also stated that they are about 20 parking spaces over what is required by the City because Wal-Mart asked for the additional parking. Mr. Nehring, seconded by Mr. Laubacher, motioned to approve PZ 2000-38R4 with the approval of the 44-ft. height variance and the change of composition roof material to standing seam metal roof. The motion was approved unanimously (7- 0). 12. ADJOURNMENT As there was no other business, the Chairman adjourned the regular meeting at 8:45 p.m. Page 13 03/18/04 P & Z Minutes Chairman Secretary ~o~ Don Bowen W;Y~ Ted Nehring Page 14 03/18/04 P & Z Minutes