Loading...
HomeMy WebLinkAboutPZ 2003-03-20 Minutes MINUTES OF THE REGULAR MEETING OF THE PLANNING & ZONING COMMISSION OF THE CITY OF NORTH RICHLAND HILLS, TEXAS MARCH 20, 2003 1. CALL TO ORDER The meeting was called to order by Chairman Don Bowen at 7:00 p.m. 2. ROLL CALL FOLLOWED BY THE PLEDGE OF ALLEGIANCE PRESENT Chairman Don Bowen Bill Schopper James Laubacher Brenda Cole ABSENT Alternate George Tucker Ted Nehring John Lewis Richard Davis CITY STAFF Zoning Administrator Asst. Director of Public Works Engineer Associate Recording Secretary Dave Green Lance Barton Jon Lovell Holly Blake 3. CONSIDERATION OF MINUTES OF FEBRUARY 20, 2003 APPROVED Bill Schopper, seconded by James Laubacher, motioned to approve the minutes of February 20,2003. The motion carried unanimously (4-0). Page 1 3/20/03 P & Z Minutes 4. CONSIDERATION OF MINUTES OF MARCH 6, 2003 APPROVED James Laubacher, seconded by Brenda Cole, motioned to approve the minutes of March 6, 2003. The motion carried unanimously (4-0). 5. CONSIDERATION AND ELECTION OF VICE-CHAIRMAN FOR THE COMMISSION APPROVED Chairman Bowen stated that this position has been vacant since Mr. Welch was elected to City Council. Chairman Bowen asked for a nomination. James Laubacher, seconded by Brenda Cole, nominated Bill Schopper. Chairman Bowen asked for other nominations. There were none and the Chairman called for the vote. The motion carried unanimously (4-0). 6. PS 2003-01 CONSIDERATION OF A REQUEST FROM CHRIS BENOY FOR THE APPROVAL OF THE PRELIMINARY PLAT OF LOT 1, BLOCK 1 MILTON PRICE ADDITION LOCATED AT 8109 NEWMAN ROAD (.58 ACRES). APPROVED Zoning Administrator, Dave Green, summarized the case. This is a preliminary plat for Lot 1, Block 1 of the Milton Price Addition. It is located at 8109 Newman Road which is east of Davis Boulevard. This property is surrounded by single-family subdivisions to the south and east. This half-acre unplatted tract is zoned R-3. The applicant would like to plat the property for the purpose of building a single-family residence. A memo from the Public Works Department states that all outstanding comments have been addressed. Staff recommends approval of this plat. Chairman Bowen asked if there were any questions or discussion. There were none and the Chairman called for a motion. James Laubacher, seconded by Bill Schopper, motioned to approve PS 2003-01. The motion carried unanimously (4-0). Page 2 3/20/03 P & Z Minutes 7. PS 2003-02 CONSIDERATION OF A REQUEST FROM THE CITY OF NORTH RICHLAND HILLS PARKS DEPARTMENT FOR THE APPROVAL OF THE FINAL PLAT OF LOT 2-R, BLOCK 37 HOLIDAY NORTH ADDITION, SECTION 11 LOCATED IN THE 5900 BLOCK OF HOLIDAY LANE (2.41 ACRES). APPROVED Dave Green, Zoning Administrator, summarized the case. This is a 2.41 acre tract of land, located in the 5900 block of Holiday Lane, which is close to the Holiday Lane and Industrial Park intersection. This tract of land has been vacant for a number of years. The Parks Department purchased the property under a program that they instituted last year to bring in neighborhood parks to the areas of town that the Parks Department felt were being under served with park facilities. A memo from the Public Works Department states that all comments have been addressed. Staff recommends approval of this plat. Chairman Bowen asked if the current R-7 zoning would allow the development of a park. Mr. Green responded that the park would be permitted in that type of zoning. He explained that parks are like churches and schools. They are considered fabric of the community and the use is permitted anywhere. Chairman Bowen asked if there were any other questions. There were none and the Chairman called for a motion. Brenda Cole, seconded by Bill Schopper, motioned to approve PS 2003-02. The motion carried unanimously (4-0). 8. PS 2003-04 CONSIDERATION OF A REQUEST FROM STINSON DEVELOPMENT CORPORATION FOR THE APPROVAL OF THE PRELIMINARY PLAT OF GRACE MEADOWS ADDITION LOCATED IN THE 7600-7700 BLOCK OF PRECINCT LINE ROAD (16.51 ACRES). APPROVED Dave Green, Zoning Administrator summarized the case. This is a preliminary plat located in the 7600-7700 block of Precinct Line Road. Precinct Line Road runs north and south and Kirk Lane runs east and west. The preliminary plat is in regards to the intersection of Kirk Lane and Precinct Line Road. This section is proposed for Page 3 3/20/03 P & Z Minutes restaurants on Precinct Line Road. Mr. Lajoie doesn't want Precinct Line Road to turn into another Rufe Snow. Chairman Bowen explained that Neighborhood Services would not allow service stations or restaurants. Dave Green added that NS Zoning is very limited. Mr. Green read a list of uses: 1) small grocery stores, 2) pharmacy, and 3) personal service shops (hair salons, dry cleaners, florists, day care centers, medical/dental offices, and financial institutions). A convenient store could be built, however, it could not have any gasoline services. Mr. Lajoie stated that his opposition still stands. He would rather have residential. Chairman Bowen closed the public hearing. Bill Schopper stated he believes that Precinct Line Road will develop out like Harwood with a lot of professional offices with classic concepts. He doesn't believe it is feasible for convenient stores. Chairman Bowen called for a motion. Brenda Cole, seconded by Bill Schopper, motioned to approve PZ 2003-02. The motion carried unanimously (4-0). 10. PS 2003-07 CONSIDERATION OF A REQUEST FROM CAMBRIDGE HOMES INC. FOR THE APPROVAL OF THE FINAL PLAT OF LOTS 22-R, 23-R, BLOCK I, LOTS 24-R, 25-R, 26-R & 27 -R, BLOCK II, LOTS 27 -R, 28-R, 29-R & 30-R, BLOCK LL, LOTS 1-R, 2-R, 3-R, 4-R, 5-R, 6-R, 7-R & 8-R, BLOCK NN OF THE TOWN CENTER ADDITION LOCATED EAST OF DAVIS BOULEVARD AND SOUTH OF MID-CITIES BOULEVARD (1.969 ACRES). APPROVED The Zoning Administrator, Dave Green, summarized the case. This a request from Cambridge Homes. It involves four different areas of lots within the Home Town subdivision. Cambridge Homes wants to replat these areas into fewer, but bigger, number of lots. Instead of building townhouses, they want to build single-family detached residential structures. They already have a number of houses in the subdivision. They are taking 34 lots of townhouses and reducing them into 20 lots of single-family detached structures. The effect of this is very negligible. The Town Center plan has different development zones. In the center zone, townhouses, single family residence, apartments, or any number of types of uses are allowed. The applicant is requesting a change from one type of use to another, which would lower the density in the Home Town project. This product is very marketable. Public Works Page 5 3/20/03 P & Z Minutes comments state that all platting issues have been addressed. Staff recommends approval of this replat. Chairman Bowen asked if there were any questions or comments. There were none. Chairman Bowen called for a motion. James Laubacher, seconded by Brenda Cole, motioned to approve PS 2003-07. The motion carried unanimously (4-0). 11. PS 2003-13 CONSIDERATION OF A REQUEST FROM WILLIAM CHRASTECKY FOR THE APPROVAL OF THE FINAL PLAT OF RUMFIELD ADDITION LOCATED IN THE 8900 BLOCK OF RUMFIELD ROAD (2.53 ACRES). APPROVED Dave Green, Zoning Administrator, summarized the case. This is a final plat of Lots 1 and 2, Block 1 of the Rumfield Addition. The applicant is Mr. William Chrastecky. The Board saw the preliminary plat on this less than 2 months ago. The preliminary plat was approved. This tract of land is on Rumfield Road. It is a single unplatted tract at the moment. Mr. Chrastecky is planning to subdivide it into 2 lots. Lot 1 will be sold to an individual who wants to build a single-family residence on that site. It is currently zoned AG, and will require a zoning change. Public Works Department comments state that all concerns have been addressed. Staff recommends approval of this final plat. Chairman Bowen asked if there were any questions or comments. There were none and the Chairman called for a motion. Bill Schopper, seconded by James Laubacher, motioned to approve PS 2003-13. The motion carried unanimously (4-0). 12. PZ 2003-03 PUBLIC HEARING TO CONSIDER A REQUEST FROM RIVERCROWN INVESTMENTS ON BEHALF OF THE PROPERTY OWNERS FOR THE APPROVAL OF A ZONING CHANGE FROM "R-2" RESIDENTIAL TO "HC" HEAVY COMMERCIAL AT 4800, 4801, 4805, 4808, 4809 & 4813 SUSAN LEE DRIVE (1.35 ACRES APPROX.). APPROVED Dave Green, Zoning Administrator, summarized the case. This is a request from Rivercrown Investments to rezone from "R-2" residential to "HC" heavy commercial. The Page 6 3/20/03 P & Z Minutes purpose of rezoning these 7 tracts is to expand Huggins Honda. Last year, this area along Nancy Lane and Susan Lee was rezoned and replatted. The Board approved the site plan and the closing of Susan Lee for this property. The applicant has purchased these 7 lots to take the cul-de-sac further up into the block and terminate the street. There will have to be a site plan approval on this property because Mr. Huggins has commercial zoning and development within 200 feet of residential zoning. The site plan for the property is currently being reviewed by staff and should be presentable to the Commission at our next monthly meeting (4/17/03). The applicant is here to answer any questions. Ms. Cole asked if the new site plan will actually show the cul-de-sac moving up and will that then come back to the Commission? Mr. Green explained that the site plan will include these same elements. It will show the adjacent residential and a required 6-foot masonry wall, a 15-foot landscape buffer, light standards, as well as a number of other issues. The cul-de-sac, which was approved by Council last year, will have an ornamental steel fence with brick columns with landscaping behind that. Chairman Bowen asked if anything has been built yet. Mr. Green responded that nothing has been built at this time. However, just in the last couple of weeks, this property has been completely cleared off. Susan Lee is blocked off up to Short Street for local traffic only. Mr. Laubacher commented that most of this property is C-2 and this new section is asking for HC, which has enough compatibility with C-2 that there shouldn't be a problem. Mr. Green agreed and stated that the reason the same district is not being requested is because an ordinance was adopted last year that changed the terminology of some of the cities districts. With the adoption of that ordinance, C-2 was replaced with HC. Chairman Bowen opened the public hearing. The applicant, Ron Huggins, 1503 New Castle Road, Southlake, Texas, came forward. Mr. Huggins stated that he is asking for approval to move the cul-de-sac and the screening wall 3 property lines to the north. He explained that initially, when this was submitted he was under contract with these 3 properties. He has now closed on all the properties. Chairman Bowen asked if Mr. Huggins was going to purchase additional homes? Mr. Huggins responded that he could use more property. Johnnie Latham, 4824 Susan Lee, North Richland Hills, Texas, came forward. Mr. Latham stated that he lives on the east corner of Susan Lee and Short. He said that seven years ago, Huggins approached the Council and was denied. Mr. Latham quoted Page 7 3/20/03 P & Z Minutes that Council as saying the City would not tear up the neighborhood. Since then, a new City Council has been elected who hold more pro-active views regarding allowing the neighborhood to be torn up. Elisa Hediger, 4825 Susan Lee, North Richland Hills, Texas, came forward. Mrs. Hediger stated that she lives on the west corner of Susan Lee and Short. Ms. Hediger also quoted a past Council as saying the City would not tear up the neighborhood. Ms. Hediger feels that the City of North Richland Hills is turning against the citizens. She also feels if Mr. Huggins is going to tear up the neighborhood, he should take all the homes, not just a choice few. Steve Hediger, 4825 Susan Lee, North Richland Hills, Texas, came forward. Mr. Hediger stated that the noise from the Huggins Honda car lot is very loud as well as the noise from the highway. The houses that were there helped absorb most of that noise. He complained that there is no longer a buffer for the noise. Linda and Sonny Graham, 4805 Nancy, North Richland Hills, Texas, came forward. Mrs. Graham stated that the neighborhood is no longer being cleaned and is opposed to having her neighborhood torn up. Chairman Bowen read a list of names from cards that are opposed, but did not wish to speak: William Madsack, Sherie Latham, Ann Hanes, Maria Tijerina, Gilberto Tijerina, Nancy Tijerina, Ed Tijerina. Chairman Bowen also mentioned the letter of opposition from Gilberto Tijerina. Mr. Huggins returned to the podium to state that the reason neighborhood people are here is because they are homeowners who are asking for twice the amount their property is worth. Mr. Huggins stated that he has offered fair market value according to city tax statements. As far as keeping the site clean, Mr. Huggins stated that all rules, regulations, and ordinances are being followed to the letter. Chairman Bowen closed the public hearing. Ms. Cole stated that in regards to the letter that was received from Mr. Tijerina, it was never stated that Mr. Tijerina is opposed to the expansion. It only states that Mr. Tijerina and Mr. Huggins cannot agree on a price for Mr. Tijerina's properties. Ms. Cole further stated that this is not in the Commissions realm or control. Ms. Cole also stated that she was not on the Board seven years ago, however, with the expansion of Loop 820 things have changed. The use of this land has changed. As far as piecemeal, Ms. Cole is not sure of the definition. Chairman Bowen stated that it is an individual decision on whether or not it is piecemeal. Mr. Laubacher stated that he was on the Board at the time this was denied. It was denied due to Mr. Huggins wanting to piecemeal this together. At that time Mr. Huggins only had one lot. The Board provided Mr. Huggins with specific instructions on what he would need to do to come before this Board again. Mr. Huggins has done that. Mr. Page 8 3/20/03 P & Z Minutes Laubacher also stated that he sympathizes with the citizens of this neighborhood. When it comes to the value of a home, it is personal. At the same time, no one likes to have something move in right up to the backyard, especially commercial. However, whether the community likes it or not, 820 is expanding and it is going to have a dramatic change on a lot of areas throughout this city. This is something that residential and business owners are going to have to accept. Mr. Schopper stated that when the City amends the master plan, he would not be surprised, that the whole area south of Short Street will be looked at as a commercial area. When Loop 820 is widened, a strip of land along the north side will be taken, even to the point that it will affect City Hall. The exits and entrances are going to be different and the flow of traffic will be different. That is going to stimulate all kinds of commercial activity along that whole area. It is something that is out of this Board's control. The Board is trying to make the best possible decisions to keep the businesses going and to try and help them prepare. Huggins' building is too close to the street as is because of the way things have widened there already. That is functionally obsolete on a dealership. All the dealerships that are being built now are building back from the road because that is their selling area. This Board is letting market forces work. The residences want the City to get involved in order to force Mr. Huggins to buy their property. The Board cannot do that. This is a logical progression, which is what happens when you have 1 O-Iane freeways. Chairman Bowen agreed with Mr. Schopper and stated that he feels that this is not piecemeal. At some point this whole area is going to be commercial due to a 10 lane 820. The main issues are strictly price. The City is not going to get involved with that. Chairman Bowen continued that not everyone has issues of price. For some, it is about losing their homes. Chairman Bowen called for a motion. Chairman Bowen, seconded by Bill Schopper, motioned to approve PZ 2003-03. The motion carried unanimously (4-0). Chairman Bowen asked Mr. Green to advise the citizens as to when this case will go to council. Mr. Green stated that this case will go to City Council on April 14th. The signs will stay up and notices will go out to the same people. Mr. Laubacher explained his vote of approval. Mr. Laubacher stated that this Board asked Mr. Huggins to come back with three to four lots at a time which would be the only way this Board could consider his request. That is what Mr. Huggins has done, combined with the fact that this is the natural progression of expanding 820. Page 9 3/20/03 P & Z Minutes 13. PZ 2003-06 PUBLIC HEARING TO CONSIDER A REQUEST FROM WWCP PROPERTIES LTD. FOR THE APPROVAL OF A ZONING CHANGE FROM "AG" AGRICULTURAL TO "R-2" RESIDENTIAL LOCATED IN THE 7000 BLOCK OF EDEN ROAD (5.48 ACRES) APPROVED The Zoning Administrator, Dave Green, summarized the case. This is a request to change the zoning of this tract of land from HAG" agricultural to "R-2" residential. The property is located in the 7000 Block of Eden Road. It is 5.48 acres in size. R-2 zoning requires a minimum 9000 sq. ft. lot and a minimum 2000 sq. ft. house. The applicant is present to answer any questions. Chairman Bowen opened the public hearing. The applicant, David Washington, 3905 Fossill Creek Boulevard, Fort Worth, Texas, came forward. The proposed zoning is R-2, which provides for a 9000 sq. ft. lot. The properties to the south and to the west are zoned R-3, providing for a minimum 7500 sq. ft. lot and 1600 sq. ft. houses. The property immediately to the north is currently zoned R-2. That property will be part of this proposed development. The proposed zoning is in accordance with the master plan use for this area. Darnell and Pat Cook, 7016 Michael, North Richland Hills, Texas came forward. Mr. Cook asked if the developer will utilize the existing ditch or will the developer put in a separate drainage ditch, and what size homes will be built there? Chairman Bowen responded that the minimum would be 2000 sq. ft. homes. He stated that the water is a platting issue. When the developer comes forward to plat, it will be reviewed by staff and will be built according to city ordinances. Chairman Bowen informed Mr. Cook that he can speak to staff at anytime regarding these issues. If this zoning change was to be approved, all the above issues would have to be addressed and approved by City staff before coming to this Board. Chairman Bowen asked for Mr. Laird to come forward. Chairman Bowen informed Mr. Laird that the petition has no bearing in this Commission, however it will be forwarded to the City Secretary and they will verify the petition. If it meets the requirements it would require super majority of the Council, which requires six votes. Danny Laird, 8649 Madison Drive, North Richland Hills, Texas, came forward. Mr. Laird moved into his residence in August of 1997 along with many other residents in the neighborhood, with the understanding that the surrounding property would stay undeveloped. Mr. Laird is concerned with the lot sizes, the size of the houses that will Page 10 3/20/03 P & Z Minutes be built, the impact of the valuation of the neighborhood and drainage issues. Mr. Laird also questioned where the entrance of this subdivision would be, and whether there will only be one or multiple entrances. He also questioned if Eden would be widened to accommodate the extra flow of traffic and would Hightower be brought through to Eden? Mr. Laird also questioned what the rear setbacks would be and how close the new homes would be to the current neighborhood. Mr. Laird mentioned the Tree Ordinance in regards to replacing the trees that are taken down, however the trees do not have to be replaced in the subdivision. They can be placed anywhere. Mr. Laird also questioned utility issues. He would like to know if they will be extended or brought in from Eden. During the development of the current subdivision the transformers brought in were undersized causing problems with the current residence. Mr. Laird also complained that notices received did not reach everyone within the 200 feet requirement. Chairman Bowen responded that in regard to the 200 feet notification, that City staff follows state ordinances. Dave Green added that the list is drawn from a computer of TAD listings. Also, Dave Green stated that state law provides three ways to notify people: 1) a sign is posted on the property site, 2) a notice is placed in the newspaper, and 3) notices sent by mail to all residents within 200 feet. Mr. Green stated if this case moves forward to City Council that City staff will doublecheck with TAD and make sure that staff has the most accurate information and addresses. Mr. Laird stated another concern would be the wildlife overrunning the neighborhood due to the development and construction. Chairman Bowen stated that many of the concerns are platting issues. The only issue that is being addressed tonight is the best use of this property. Chairman Bowen also mentioned that the applicant, the owner of this property, has the right to request whatever he wants in regards to the development of his property. The City cannot keep the applicant from developing his property. Chairman Bowen asked Dave Green to explain the Tree Ordinance. Mr. Green stated the City does have a Tree Preservation Ordinance. He brought copies to hand out. There are trees that are protected trees, which has caliper inches per so many feet above the ground on the site. If it is not in the street, pad area or utility easement then they are protected trees. A developer cannot clear-cut the site. Any type of tree removal has to be done based on a tree preservation plan. The developer is trading caliper inches for caliper inches. Whatever protected tree comes out, however many caliper inches that is, the developer has to bring back that many caliper inches back into the site. Before anything can be done on this site, the developer has to prepare a tree preservation plan. This includes logging the caliper inches for the trees on the site and show the staff which ones have to come out and then show the staff what is left and then show what portion of that will have to come out. Finally, the developer will have to show staff how it will be replaced. The developer does not have to replace all the trees on site. The City staff would like to see the developer replace as many as possible on site, however that is not always possible. In that case, the trees Page 11 3/20/03 P & Z Minutes are replaced elsewhere with the Parks Departments discretion. Another way is for the developer to pay into a reforestation fund, which goes to the Parks Department. The difference is a mature tree will be taken out and replaced by three small trees. This will happen during the platting process. The developer cannot cut down trees or clear-cut until the developer has permission from the City Building Official. Chairman Bowen read a list of names from cards that are opposed to PZ 2003-06, but did not wish to speak: Ruth and Don Fleming, David and Karen Reynolds, and Mary Adams. Rosemary Schember, 7012 Michael Drive, North Richland Hills, Texas, came forward. Mrs. Schember picked this piece of property because she was assured that nothing was going to be developed around her. Mrs. Schember questioned what would happen to all the dust and dirt that will be blown into her yard, the noise factor, and how long will the construction last? Chairman Bowen responded that there will not be any dust due to the practices that developers have to follow. Also, the City cannot guarantee the property will remain vacant forever, because the property owner has the right to develop it. According to the city master plan, this development fits. Gary Buckley, 8641 Madison, North Richland Hills, Texas, came forward. Mr. Buckley stated that he has the same gripes as everyone else. Also, Mr. Buckley stated that he was also informed that nothing would be built around them as well. Mr. Buckley also asked if there would be one entrance or multiple entrances? Mr. Buckley also stated that home sales are down and the economy itself is down. Why are there so many developments going up? Will the surrounding farms also be rezoned from Agricultural to R-2? Chairman Bowen stated that a plat has not been submitted, however, the concept has only one entrance off of Eden Road. A lot of developments these days, for security purposes, have only one entrance. Mr. Schopper stated that the area zoned AG does not mean it is being farmed. It is only a holding category for land where nothing yet is happening. Agricultural zoning for actual agricultural purposes ended about 10 years ago. Mr. Buckley asked if horses and cattle are allowed on property zoned AG? Mr. Schopper stated yes. Mr. Buckley also questioned if Hightower will be extended to Eden? Lance Barton, Assistant Director of Public Works, stated that the extension is on the Thoroughfare Plan. Chairman Bowen explained that the extension of Hightower mayor may not happen. The Thoroughfare Plan indicates what will be done in the interest of best flow of traffic. Page 12 3/20/03 P & Z Minutes However, sometimes practicality does not allow that to happen. Chairman Bowen stated however, he could not state it either way. Mr. Buckley stated that again not everyone received a notice. He noted that the zoning change sign on Eden Drive could not be seen. He also questioned if the City was required to send everyone a notice. Chairman Bowen explained that it is state law that a notice has to go out to everyone within 200 feet. Mr. Schopper explained that a computer-generated map is generated by staff, with a list of names provided by TAD. That list of people is notified. He also stated that it is conceivable that everyone on the north side of Michael received something because they are within 200 feet, but the folks on the south side of Michael didn't. Mr. Buckley said that there were people on Madison and Michael that did not receive notices. Chairman Bowen stated that everyone on the north side of Madison and east of Michael should have received a letter. Chairman Bowen explained that TAD records may not be completely up-to-date. The notices go to the owners on record at TAD. Mr. Buckley asked if the other agricultural areas have been changed? Chairman Bowen stated that it is already zoned R-2. This request is continuous to the already existing R-2. Mr. Buckley asked why no one was notified of that change. Chairman Bowen explained that the property has been zoned R-2 for at least 10 years. D'Ann Mitcham, 8661 Madison, North Richland Hills, Texas, came forward. Mrs. Mitcham asked about the large house that exists on the site. She wanted to know what the plans were for that house? Chairman Bowen stated the owner of that house at this time have no plans for it as far as the Board knows. James Miller, 7020 Michael, North Richland Hills, Texas, came forward. Mr. Miller stated that he has concerns regarding the concrete flume that sits on his property. Mr. Miller understands that water easements will be taken care by Planning & Zoning. Chairman Bowen stated that Lance Barton with Public Works would be responsible for that. Mr. Miller continued stating that the concrete flume is on his property, so the City cannot drain into his property. Mr. Barton stated that he would have to look at the particular circumstances of the property. Once the plans are in Mr. Barton stated that he would gladly sit down with Mr. Miller and go over it with him. The applicant, Mr. Washington came forward again. Mr. Washington stated how surprised he was at the number of people in opposition. The properties surrounding this property were looked at for the zoning and lot sizes. The current subdivision is zoned R-3 which provides for a minimum of 7500 sq. ft. lots. The lots being proposed run from 8000 sq. ft. to 14,500 sq. ft. The firm feels that the proposed development is very compatible with what already exists. The minimum square footage of the proposed Page 13 3/20/03 P & Z Minutes homes will be 2000 sq. ft. Mr. Washington stated that the price of the homes are projected for $200,000 or more. Mr. Washington addressed the issue regarding drainage. There is an existing structure that comes from the street to the rear lot and there is a drop inlet. Drainage comes down from the north draining east, but there is no defined ditch. The firm has looked at the construction plans for this subdivision and the City always reviews the plans including the drainage. The firm plans to build onto the existing drainage. Mr. Washington addressed the issue regarding the trees. The developers will comply with the Tree Ordinance. Mr. Washington understands the value of trees. Lots are more valuable with trees. If the developer is required to plant trees, the developer will plant them on this property. The developer does not own any other land in North Richland Hills and it would not be cost effective to plant them anywhere but the property in question. The trees would be concentrated along Eden to enhance the entryway. The only entrance would be on Eden. Mr. Washington does not see any impact the traffic would have on the current subdivision. According to the City Master Plan, Eden is to be widened. The city ordinances require the developer to pay a portion of the cost of building Eden, or actually constructing the street. Mr. Washington addressed the building setbacks. The setback line on both streets are 20-ft. Mr. Washington also addressed the water. The water to this development would be by way of a water line in Eden or by tapping into an existing 24-inch water line that runs east and west through the property. Mr. Washington stated that in regard to the transformers not being large enough, the power company needs to be contacted. Mr. Washington also addressed the wildlife issue. He stated that if wildlife were to overrun the neighborhood, it would only be temporary, but he doesn't see that happening. Mr. Washington commented that he hopes he has addressed all questions and concerns. Chairman Bowen closed the public hearing. Chairman Bowen stated that this request is in accordance with the master plan and believes it will not devalue the neighborhood, but, in fact, enhance it. Mr. Schopper commented on how impressed he was with how the developer addressed all the different concerns, especially the drainage. The reason the flumes were built in the first place was because all that property was vacant. Now that it is all going to be tied into the storm sewage, there is no longer a need for the flumes. Mr. Schopper asked if the property owners can remove the flumes once it is all tied together. Lance Barton stated he did not know at this time. He would have to look at what Mr. Washington is proposing before he can answer that. Mr. Schopper stated that there is not a traffic concern either. All the traffic is going the other way. Mr. Schopper is empathetic and disappointed that someone represented to the neighborhood that trees were going to remain there forever. Page 14 3/20/03 P & Z Minutes Mr. Laubacher stated that he is required to follow certain laws that are set forth by the state as well as by the City. Two years ago, the Board underwent an extensive process over an 18 month time period and looked at every piece of property in the City to make a determination of the best use for each piece of land. At this time the best use for this land is residential, which is no change from the master plan 10 years ago. The master plan is updated periodically. When the Board has a zoning issue come before it the master plan is followed and the master plan states that this area will be residential unless there is a dramatic reason as to why that doesn't fit. In this particular case it is residential that is being asked for and it is residential that surrounds this property. Ms. Cole stated that it disappoints her that this neighborhood was misled that the property would never be developed. However, a phone call could have clarified that information. Whenever a neighborhood backs up to a vacant lot, there is always a chance it will be developed. It would not be to the applicants benefit to take down trees that can be saved. Ms. Cole stated that the view will be changed, however, it is the best use for this property. Chairman Bowen called for a motion. James Laubacher, seconded by Bill Schopper, motioned to approve PZ 2003-06. The motion carried unanimously (4-0). Chairman Bowen asked Dave Green to let the citizens know when this will be going to council and to explain again the petition and the status of the petition. Mr. Green stated that this request will go to City Council as a recommendation for approval, on April 14, 2003. Staff is required to give property owners within 200 feet 15 days notice of that meeting. Mr. Green asked for those who did not receive notice to call the City in order to make sure the City is notifying all of the appropriate people. Regarding the petition of opposition, it is not a petition that is considered at this body. The Board can consider it in the way that the Board makes a motion or how the Board thinks about something. It only comes into play when the petition goes to City Council. Staff will take the petition to City Council. A valid petition is signed by 20% of the owners of property, not 20% of the property owners within 200 feet. There is a state law that says that anytime there is a petition of opposition on a zoning case the City Council is required to have a super majority vote to approve the rezoning. 14. PZ 2003-07 PUBLIC HEARING TO CONSIDER A REQUEST FROM H&H CAPITAL, LIMITED FOR THE APPROVAL OF A ZONING CHANGE FROM "C-2" COMMERCIAL TO "1-1" LIGHT INDUSTRIAL AT 5104 & 5112 COMMERCIAL DRIVE, 7723 & 7729 MAPLEWOOD AVENUE (1.94 ACRES APPROX.). Page 15 3/20/03 P & Z Minutes APPROVED Dave Green, Zoning Administrator, summarized the case. This is a tract of land located at the intersection of Maplewood and Davis Boulevard. The applicant is making an application to change the zoning of Commercial Drive from request "C-2" commercial to "1-1" industrial. For a number of years this area has been developed as a kind of industrially-based area. There is a lot of automotive related uses: paint and body, automotive repair, plumbing, air conditioning supplies, and storage. The area was developed with a certain type and intensity of use and yet the zoning doesn't match the use. The current zoning is C-2, which allows some of the uses that have been in this area for a number of years. In this particular case, however, due to the current ordinance, an SUP may be required. The applicant has owned this property for a long time. The applicant is concerned about the types of uses that have been there over the years, which are no longer permitted under the current zoning. This is the reason for the zoning change request. Around the property is a lot of retail, especially in the front. The applicant is here if there are any questions. Mr. Laubacher asked Mr. Green to clarify the types of services that can go in light industrial as opposed to C-2. Mr. Green stated that there is little bit of difference between what is called heavy commercial and light industrial. Sometimes it is based on manufacturing, which is closer to medium industrial use. Industrial uses tend to have storage facilities, perhaps even open storage of trucks, or outdoor storage of materials. Business that have a little more intensity such as things that create noise, create fumes, possible storage issues with some of the materials that are being stored are generally going away from retail to a possible wholeseller type environment, with storage of material in the back and an office in the front. Automotive repair, motorcycle products and repair and fuels. Step away from a retail business and get more into manufacturing or assembly. Mr. Laubacher asked if the Board changed the zoning to light industrial would an assembly plant with pollutants be allowed according to the zoning? Mr. Green stated that type of use would be seen more in an 1-2 district, which is a much more heavier district. 1-2 is considered somewhat of a gray area. It is between commercial and industrial. Mr. Schopper commented that businesses that deal with fumes have air scrubbers these days due to all the pollution. Ms. Cole asked how the conflict came about with the zoning. Dave Green responded that sometimes there will be an ordinance that will allow these type of uses for a number of years and places get built purposely for that use under that zoning. Then the ordinances go through a zoning change. Chairman Bowen opened the public hearing. Page 16 3/20/03 P & Z Minutes The applicant, Alan Hamm, 408 Woodbriar Court, Colleyville, Texas, came forward. This property was developed in consultation with the city. The City asked that it be zoned C-2 because C-2 allows all of these uses without getting into any industrial uses. Over a period of years, the basis of what was built are warehouses. There are a lot of uses that have gone away out of this zoning classification of C-2. The basic use, parking ratio, and the design do not allow most of the uses that are already there. If the zoning does not get changed, then the property will eventually become vacant. Chairman Bowen asked if Mr. Hamm had any plans to make changes on the west side. Mr. Hamm answered no. Mr. Hamm stated that he no longer owns that portion of the property. Carolyn Hyden, 5104 Roberta Drive, North Richland Hills, Texas came forward. Mrs. Hyden is concerned about what may end up on the property. She stated that there may be more noise, fumes, and brighter lights. Chairman Bowen reminded Mrs. Hyden that Mr. Hamm is not requesting a more intense district. The city ordinance has changed and Mr. Hamm just wants to be able to use his property. Debra Perez, 5124 Roberta, North Richland Hills, Texas came forward. Mrs. Perez stated that she has lived in her home for 15 years. She does not have problems with what is there now. However Mrs. Perez wants to know if there is going to be more intense noises, more fumes, brighter lights. Will there be anything coming in that will be open 24 hours? How does this affect vandals and thieves? Mrs. Perez stated that she is looking for a guarantee that it will not get worse. Mr. Schopper stated that if the zoning doesn't change, then the buildings become vacant. Vacant buildings attract vandals and thieves. Mr. Hamm is trying to get the buildings full so that there will be activity. Chairman Bowen encouraged Mrs. Perez that it shouldn't change. Chairman Bowen asked Dave Green if he had a list of permitted uses for Mrs. Perez. Dave Green showed Mrs. Perez the listing of the ordinance and uses that are permitted in light industrial. Mr. Schopper stated that the only real difference between industrial zoning and commercial zoning was a metal building could be built. Mr. Green commented to Mrs. Perez that in regards to a business open 24 hours, Mr. Green stated that he couldn't think of anything that would limit that even at a convenience store. In order to keep that from happening, it could be written into the lease. It would be between the property owner and the person leasing the space. Page 17 3/20/03 P & Z Minutes Chairman Bowen stated that Mr. Hamm said that he would limit some of the uses. The Chairman explained that the Board, however, could not limit the use because that would be considered conditional zoning. Mrs. Perez asked about 20% of a vote for property owners. Chairman Bowen stated that Mrs. Perez could come up with a petition so long as the petition had 20% of the owners of the property in a 200 feet area. Chairman Bowen pointed out that Mr. Hamm and his family own about 80% of the property within 200 feet. Mr. Laubacher stated that he would like to be able to give a guarantee to Mrs. Perez, however, that would not be realistic. Mr. Laubacher stated that Mr. Hamm is only trying to keep what is currently there, nothing more intense. Codes change and sometimes the codes make it more difficult and Mr. Hamm is trying to do what is right within the law. Ms. Cole stated that there would be more of a concern over property value if the zoning change was occurring on the west side of Commercial instead of on the east side, which is basically maintaining what has already been happening. There should not be a change in property value. Wanda Gebhart, 5108 Roberta Drive, North Richland Hills, Texas, came forward. Mrs. Gebhart explained that she backs up to the west side of Commercial. Mrs. Gebhart is concerned about the fumes that are already there. She explained that EPA visited the two body shops causing the excessive fumes, but never heard back from them. Mrs. Gebhart stated that she is worried that something else will come in with even more toxic fumes. Chairman Bowen stated that if any new business comes in, the City can make the business install air scrubbers. The business cannot get a certificate of occupancy until the City is satisfied with all ordinances. In an existing business it is more difficult. Mrs. Gebhart stated that she assumes the regulations were not in effect at the time those businesses came in. She wonders if there is anything that can be done now. Mrs. Gebhart stated that her husband is ill due to possible lung cancer. Chairman Bowen asked Mr. Green who Mrs. Gebhart should talk to regarding this matter. Mr. Green stated that she should speak with the Building Official, David Pendley. Chairman Bowen closed the public hearing. Bill Schopper, seconded by Brenda Cole, motioned to approve PZ 2003-07. The motion carried unanimously (4-0). Page 18 3/20/03 P & Z Minutes 15. ADJOURNMENT As there was no other business, Chairman Bowen adjourned the meeting at 9:37 p.m. Chairman fÞ.- Q~ Don Bowen Page 19 3/20/03 P & Z Minutes secre:¡;; ¡//~ Ted Nehring --'-'-"'-~"-'-' -~..- ~..~-.~"~.-.~..~,--,.~.~.",-.".,,,,-,.-.,--..~.~._.~~-.-,~..~-~.,.._.~-,---~.,._~~_._,- commercial development along the Precinct Line Road frontage. There are two out parcels that exist and behind that there is a proposed single-family residential development. There is an accompanying rezoning case following this. The request is to change the zoning on these properties to match the commercial use and the single- family residential use. The staff has made several comments that have been outlined in a memo from the Public Works Department. Public Works made four comments: 1) revise the limits of the 100 year floodplain, 2) a concrete flume will be required along the rear property lines of Lots 9, 10, and 11, Block A, 3) verify the limits of the property proposed for platting, and 4) dimension the south property line of Lot 1, Block B. The Planning Department has also made a comment in a staff report regarding the widths of the lots at the building line. Staff feels that all of these issues can be readily addressed and recommends approval subject to those changes and revisions being made when the final plat is submitted for review. Bill Schopper, seconded by Brenda Cole, motioned to approve PS 2003-04, subject to staff comments. The motion carried unanimously (4-0). 9. PZ 2003-02 PUBLIC HEARING TO CONSIDER A REQUEST FROM THE STINSON DEVELOPMENT CORPORATION FOR THE APPROVAL OF A ZONING CHANGE FROM "AG" AGRICULTURAL TO "R-2" RESIDENTIAL AND "NS" NEIGHBORHOOD SERVICES LOCATED IN THE 7600-7700 BLOCK OF PRECINCT LINE ROAD (10.56 AND 5.95 ACRES RESPECTIVELY). APPROVED Dave Green, Zoning Administrator, summarized the case. This is a request to rezone approximately 16.50 acres located in the 7600-7700 block of Precinct Line Road. This tract is currently zoned Agricultural. This request is to take the frontage area from Agricultural to Neighborhood Services, which allows light retail type uses. The east side facing Kirk Lane is being requested from AG to R-2 district. The Comprehensive Plan shows the entire site to be Neighborhood Services. However, in a number of cases in the last few months, there have been properties in this community down zoned from industrial and commercial to single-family districts. Down zoning is generally a positive sign. It indicates less impact and less generation noise, such as dust and smoke, in the community. Staff recommends approval of this request for a zoning change. Chairman Bowen opened the public hearing. Abel Lajoie, 7909 Precinct Line Road, North Richland Hills, Texas, came forward. Mr. Lajoie questioned the zoning of the 5 acre frontage. He wanted to know why it couldn't be made residential. He feels that there is already too many service stations and Page 4 3/20/03 P & Z Minutes