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HomeMy WebLinkAboutPZ 2004-07-15 Minutes MINUTES OF THE REGULAR MEETING OF THE PLANNING & ZONING COMMISSION OF THE CITY OF NORTH RICHLAND HILLS, TEXAS JULY 15,2004 1. CALL TO ORDER The meeting was called to order by Chairman Don Bowen at 7:11 p.m. 2. ROLL CALL PRESENT Chairman Vice Chair Ex Officio Don Bowen Bill Schopper Randy Shiflet Scott Wood Ken Sapp Suzy Compton ABSENT Richard Davis Brenda Cole CITY STAFF Director of Planning City Planner Asst. Director of Public Works Recording Secretary Dave Green Donna Jackson Lance Barton Carolyn Huggins 3. PLEDGE OF ALLEGIANCE 4. ADMINISTERING OF OATH OF OFFICE The oath of office was administered to William Schopper, Place 2, reappointed to a two year term, and Scott Wood, Place 6, newly appointed to a two year term. 5. ELECTION OF COMMISSION SECRETARY Page 1 of 8; 07/15/04 P & Z Minutes POSTPONED As new members have been added to the Commission, all positions (Chairman, Vice Chair, and Secretary) will be up for election at the next meeting, August 5, 2004. 6. Z 2004-01 PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM J&J NRH FAMILY PARTNERSHIP FOR A ZONING CHANGE FROM "AG" AGRICULTURAL DISTRICT TO "R2" RESIDENTIAL DISTRICT LOCATED NORTH OF THE 7900 BLOCK OF GREEN VALLEY DRIVE (1.348 ACRES). APPROVED Mr. Green summarized the case which is a rezoning request from agricultural to R-2 along Green Valley Dr. Green Valley Elementary School is located to the west of the property. Several months ago, P&Z approved a final plat for Forest Glenn West Addition. Since that time, the developer of Forest Glenn West has purchased a portion of this property owner's property and the developer wants to incorporate the purchased area into the final plat of Forest Glenn West. This request is a rezoning of that site. This request is consistent with the Comprehensive Plan. Staff recommends approval. The Chairman opened the Public Hearing. Owen D. Long, representing the applicant, Mr. Barfield, was present for questions. The Chairman asked if there were any others wishing to speak for or against this request. There were none and the Chairman closed the Public Hearing. Mr. Sapp, seconded by Mr. Schopper, motioned to approve Z 2004-01. The motion passed unanimously (5-0). 7. P 2004-01 Consideration of a Request from J & J NRH 100 Family Partnership to Approve the Preliminary Plat of Lots 59-63, Block 1 and the Replat of Lots 3SR-38R & 43R, Block 1 of Forest Glenn West Addition Located North of the 7900 Block of Green Valley Drive (3.302 acres). APPROVED Mr. Green summarized the preliminary plat request. This redesign incorporates the cu/- de-sac area. Public Works memo states that staff issues have been resolved. Staff recommends approval. Page 2 of 8; 07/15/04 P & Z Minutes Mr. Shiflet, seconded by Mr. Wood, motioned to approve P 2004-01. The motion passed unanimously (5-0). 8. Z 2004-02 Public Hearing and Consideration of a request from Pete Edwards Representing Ahlborn Development Inc. for a Zoning Change from "R2" Residential District to "R-T -6" Townhouse District Located in the 8400 Block of Amundson Drive (6.051 acres). WITHDRAWN Mr. Green explained that this rezoning request involves slightly over 6 acres in size and is located in the 8400 block of Amundson Drive. The property is currently vacant. The applicant is requesting town house zoning. The design proposed by the applicant has not been reviewed by staff. The Comprehensive Plan supports single family low density detached structures. There is a small area of duplexes near this property, but the majority of the surrounding property is single family detached residential. Mr. Green explained that the applicant cannot be held to the designs he is proposing. Those designs would not be part of the Planning & Zoning Commission recommendation to City Council. The Chairman opened the Public Hearing. He announced that the Commission received a petition in opposition to this case from the neighborhood. He explained that the petition has no legal effect on this Commission but if the case goes to City Council, staff will verify whether the petition meets criteria to cause the Council to require a super-majority, which would be six votes to approve the case. The applicant, Peter Edwards, Ahlborn Development Inc., 3116 Emery Dr., Flower Mound, came forward and stated that he is proposing an outline only. He has been at the City extensively over the last months and spoken to Council members about what to do with this project. He planned to put single family smaller lots through a PD situation, but found out a PD isn't possible because he doesn't have 10 acres (the minimum required for a PD). He has participated in discussions of changing the PD requirements to less than 10 acres, but that option isn't available yet so he brought forward this plan. He is proposing 2,000 sq. ft. minimum town homes. He stated that a lot of the neighbors see this as an apartment complex, that might drive the value of their properties down, but he stated that wouldn't be the case considering the price of these town homes ($170,000 to $180,000 per unit). He stated that he would require wooden doors for front entry garages. He stated they would be doing a mix of front and rear entry garages. He proposed building a brick screening wall across the back, taking out the wood fences, to help provide privacy for the existing home owners. Page 3 of 8; 07/15/04 P & Z Minutes Mr. Wood asked Mr. Edwards if he understood that if the Commission were to grant his rezoning request, it would not matter what his pictures and plat show because that could change. He explained that the Commission can't hold the applicant to any of those items. Mr. Edwards stated that he understood and he expected stipulations. Chairman Bowen explained that the Commission isn't allowed to place stipulations on a zoning case. Mr. Edwards stated that he wouldn't mind standardizing what he was planning to do. The Chairman explained that would be part of the platting issue, not zoning. The Chairman inquired as to the proposed density. Mr. Edwards stated that his plan calls for 32 lots, which might be the maximum density he could get. Mr. Edwards proposed tabling his request in order to revise it so that it would be closer to a PD. Mr. Schopper suggested that Mr. Edwards was showing tremendous insight. He stated that the Commission would not spec zone this. He also explained to Mr. Edwards that PD's smaller than 10 acres were not currently allowed and that although the Commission is looking at revising PD requirements, that would not happen in the near future. Mr. Edwards wondered if he should come back with single family detached. Mr. Sapp asked Mr. Green if Mr. Edwards postponed or delayed his zoning request what would be the best administrative remedy to accomplish that. Mr. Green responded that the PD revisions have been directed towards single family detached structures on small lots, not town homes. Mr. Green stated that the City does not have a vehicle for an applicant, who is requesting a rezoning, to provide items that answer P&Z and citizen questions. An ordinance needs to be developed that provides the means to include these items with a rezoning case, but it doesn't currently exist. The Chairman commented that a new PD ordinance may be several months away. Mr. Green stated that he appreciates Mr. Edwards's position and that he needs direction from the City, and he would be happy to meet with Mr. Edwards to go over the items that the P&Z Commission would like to see from Mr. Edwards, but in the end it wouldn't matter because the P&Z Commission doesn't have the means to make those items part of the zoning case. Mr. Green stated that if Mr. Edwards wished to withdraw this zoning request, staff would work with him to bring back a more feasible plan, including such things as a site plan, building elevation, and so forth so that it would give the P&Z Commission something to quantify on a plan for approval or non-approval. The Chairman also suggested that the applicant speak to the neighborhood because there were 14 citizens present who registered their opposition to this case. Mr. Edwards requested withdrawal of this zoning request. Chairman Bowen allowed any citizens present to come forward and speak. Robert Hill, 8424 Donna Dr., asked if the neighbors would receive another notice when the applicant reapplies for a zoning change. The Chairman explained that notice is required by state law. Mr. Shiflet reminded the citizens present that the current zoning Page 4 of 8; 07/15/04 P & Z Minutes is R2 and if the applicant decided to build R2 homes on that property, no notice would be required, only platting. Mr. Green stated that notification of the status of the case (withdrawal) will be sent to all neighbors. The "zoning change" sign on the property will be removed. Neighbors will be notified in the future if the applicant re-enters a new application. Chairman Bowen explained that a new petition would be required for the new case. Maury Siskel, 4516 Cummings Dr., asked the difference between a town house and a single family dwelling, and regarding density he wondered how many automobiles and people would be accommodated in a particular area. Chairman Bowen stated that those things are considered when looking at a zoning request. Amundson is not a major thoroughfare so density would matter. Mr. Sapp stated that a town house has a common wall. Chairman Bowen stated that a town house could also be called a row house. He stated that some are very nice and expensive. The Chairman closed this case. 9. Z 2004-03 Public Hearing and Consideration of a request from Dan Quinto on behalf of Arcadia Land Partners 26 LTD. for a Zoning Change from "C-1" Commercial District and "11" Light Industrial District to "CS" Community Service District Located in the 8400 Block of Mid-Cities Boulevard (10.733 acres). APPROVED Mr. Green explained that this rezoning request is currently split zoning of C-1 Commercial and 1-1 Light Industrial. There is a significant different in the two zoning categories. The applicant is requesting a rezoning of the entire tract to CS Community Service. The Comprehensive Plan shows this area as NS Neighborhood Services. Community Service is slightly more intense, allowing a slightly wider range of commercial (in the sense of retail) uses. CS does not provide for any automotive-type uses. The applicant has two potential tenants, one of which, a funeral home, would require CS zoning. This property is located on a 6-lane, divided, principle arterial, which provides enough status of street to serve the uses of retail associated with CS. Mr. Schopper stated that the tract is cumulative so they should be able to use it anyway. Mr. Green responded that the ordinance is broken between residential and commercial and between commercial and industrial, therefore, the only thing that could go on this tract are industrial-type uses. Chairman Bowen opened the public hearing. Page 5 of 8; 07/15/04 P & Z Minutes Dan Quinto, Southlake, representing Arcadia Land Partners 26, stated that they believe the highest and best use for this property is commercial -- light retail, residential office- type uses. They wish to subdivide the property to enable these uses to happen. He stated that one client wishes to put in a hair dressing salon and the other client wishes to put in a funeral parlor. They anticipate similar uses along the rest of the property. Mr. Sapp asked if the funeral home would go in Lot 2. Mr. Quinto responded that it would. Chairman Bowen stated that Community Service zoning seems the better use for this property rather than Neighborhood Services. Becky Green, 8309 Cardinal Lane, stated that she lives on the corner of Amundson and Cardinal Lane and that they have a heavy industrial business down the street from them at 8209. She stated their big trucks come back and forth, turning at her corner. That business was there first before the homes were built and she does not wish to have any other industrial businesses in her neighborhood, therefore, she would like to encourage the Commission members to vote for the change. She stated that Cardinal Lane is exactly that - a picturesque lane with trees growing over it - just beautiful, and they would like to see it remain a two-lane road. John Runnells, 8501 Cardinal Lane, stated that he lives just north of Lot 2 and he wanted to know if the land is already subdivided. Mr. Green explained that this land is currently just a tract of land. The next agenda item will subdivide this tract. Mr. Runnells stated that he has lived at his home for 20 years and he is for this zoning change to CS because he would rather have retail and office rather than light industrial across from his house. He also wished to bring it to the Commission's attention that an assisted living facility is planned on the south side of Mid Cities Blvd. and he wondered how appealing it would be for the assisted living tenants to look out their window and see a mortuary across the street. He stated that he and his wife are for this zoning change request. The Chairman asked if there were any others who wished to speak for or against this request. There were none and the Chairman closed the public hearing. Mr. Sapp, seconded by Mr. Wood, motioned to approve Z 2004-03. The motion was approved unanimously (5-0). 10. P 2004-02 Page 6 of 8; 07/15/04 P & Z Minutes Consideration of a Request from Arcadia Land Partners 26 LTD. to Approve the Preliminary Plat of Amundson Addition Located in the 8400 Block of Mid-Cities Boulevard (10.773 acres). APPROVED Mr. Green stated that this plat subdivides the tract into six lots. DRC (Development Review Committee) has reviewed the plat for compliance to current codes and regulations. Public Works memo outlines five items that need to be addressed prior to submittal of the final plat of this property. Staff recommends approval of the plat subject to the Public Works items being met prior to final plat. Chairman Bowen asked how the existence of the red tailed hawk in the tree between lots 1 and 2 would be addressed. Mr. Barton explained that during nesting season (early Spring) the nest is protected and the tree cannot be removed. However, the tree can be removed at any other time than early Spring. Mr. Shiflet asked if the TIA will require a signal at Amundson and Mid Cities. Mr. Barton stated that the intersection of Amundson and Mid Cities is already identified as a location for a signal. Mr. Shiflet asked if this would trigger the installation of signal lights. Mr. Barton stated that it possibly could. Mr. Shiflet, seconded by Mr. Wood, motioned to approve P 2004-02, subject to staff comments and Public Works review. The motion was approved unanimously (5-0). 11. PS 2004-14 Consideration of a Request from Arcadia Land Partners 16 to Approve the Final Plat of Home Town NRH West Phase 3; Final Re-Plat of Lot 1R, Block BB of Home Town NRH West Phase 2; Final Re-Plat of Lot CA-11 R, Block I North Richland Hills Town Center Addition Phase I, Located north and south of Bridge Street and east of Amundson (41.4 acres). APPROVED Mr. Green summarized this request. The Phase 3 proposal includes both town homes and single family detached residences. Phase 3 is separated into two sites, one near the entrance to the subdivision off of Davis Boulevard and a separate area south of Mid Cities Boulevard. There are two replats involved in this request. One involves an area adjacent to the Fountain Ridge Subdivision to the south. The original Block CA-11 includes a detention area and several town home lots. The other replat is located at the corner of Passionvine Street and Winter Park Drive. This lot was originally oriented in the direction of Passionvine Street and is now being reconfigured into two lots facing Winter Park Drive. Public Works has provided a letter stating that all of staff's Page 7 of 8; 07/15/04 P & Z Minutes comments and concerns have been satisfied with this drawing. Staff recommends approval of the three components of this request. Mr. Schopper asked staff if Home Town was about complete. Chairman Bowen commented that Home Town will always be forever changing. Mr. Green stated that the items that have been considered in recent weeks will be taken forward to City Council altogether - probably at the next City Council Meeting. Mr. Schopper, seconded by Mr. Sapp, motioned to approve PS 2004-14 as proposed. The motion was approved unanimously (5-0). 12. ADJOURNMENT As there was no other business, the Chairman adjourned the regular meeting at 8:07 p.m. Chairman ~a~ on Bowen William Schopper Page 8 of 8; 07/15/04 P & Z Minutes