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HomeMy WebLinkAboutPZ 2003-07-17 Minutes MINUTES OF THE REGULAR MEETING OF THE PLANNING & ZONING COMMISSION OF THE CITY OF NORTH RICHLAND HILLS, TEXAS JULY 17,2003 1. CALL TO ORDER The meeting was called to order by Chairman Don Bowen at 7:00 p.m. 2. ROLL CALL PRESENT Chairman Don Bowen Bill Schopper James Laubacher Brenda Cole Richard Davis Ted Nehring CITY STAFF Zoning Administrator Asst. Director of Public Works Recording Secretary Dave Green Lance Barton Holly Blake Place 7 of the Planning & Zoning Commission is currently vacant. 3. PLEDGE OF ALLEGIANCE 4. CONSIDERATION OF MINUTES OF JUNE 19, 2003 APPROVED Ted Nehring, seconded by Bill Schopper, motioned to approve the minutes of June 19, 2003. The motion carried unanimously (6-0). Page 1 7/17/03 P & Z Minutes 5. PZ 2003-15 PUBLIC HEARING TO CONSIDER A REQUEST FROM B.H. & L. JOINT VENTURE FOR A ZONING CHANGE FROM "AG" AGRICULTURAL TO "R-2" RESIDENTIAL LOCATED IN THE 8400-8500 BLOCK OF NORTH TARRANT PARKWAY (1.98 ACRES). APPROVED Dave Green, Zoning Administrator, summarized the case. The first case (PZ 2003-15) and the second case (PS 2003-28) are connected. The property for rezoning is located in the 8400-8500 block of North Tarrant Parkway. The area directly to the south and across North Tarrant Parkway is Forest Glenn East Subdivision. To the east and west are existing subdivisions as well. The property in question is a small strip, 1.98 acres in size. The applicant is requesting that the property be rezoned from" AG" Agricultural to "R-2" Residential. The reason for the rezoning is the strip of land is connected to 8.00 acres of property, which is currently zoned "R-2" Residential. The applicant would like to combine the two properties into a total of 10 acres for residential development. This property would be known as Forest Glenn North Addition. The Comprehensive Plan shows that all of this property and the surrounding properties to be single-family, detached, low density residential. This rezoning is consistent with the Comprehensive Plan. Chairman Bowen opened the public hearing and asked if anyone would like to speak in favor of this case. Gloria Wood, 8400 Shady Oaks Drive, came forward. Mrs. Wood stated that she is in favor of the project, but would like more information on the name of the home builders that would be building in Forest Glenn North. Chairman Bowen explained to Mrs. Wood, that she needs to contact the developer of the project, because the developer would have the information she is requesting. Stan Key, 8413 Castle Creek Road, came forward. Mr. Key is concerned about the drainage for Forest Glenn North. Forest Glenn North is lower than the property Mr. Key resides at in the Shady Oaks Subdivision, Block 1, Lot 15. Mr. Key wondered how drainage will be fixed to accommodate Forest Glenn North. Mr. Key explained that he purchased his home two years ago with the understanding that the property in question would not be developed due to a flood zone. Mr. Key is also concerned with the location of utilities. Mr. Key explained that he has an easement to the back of his property, but is unclear of who owns it. Mr. Key wonders who is responsible for cleaning this easement which is 7 % - feet to 10 - feet deep. Located in the easement is a large oak tree that is more than 100 years old that shades Mr. Key's property from the west. Mr. Key is concerned for the oak tree and what will happen to it. If possible Mr. Page 2 7/17f03 P & Z Minutes Key would like to enclose his fence around the easement with the oak tree and maintain the property. Chairman Bowen stated to Mr. Key that there is currently a drainage channel that runs through the proposed subdivision and connects to another drainage channel that runs along the northern portion of the property. Lance Barton, Asst. Director of Public Works, stated that the natural drainage pattern for this property is to drain toward the center into an existing drainage channel. Based on Mr. Barton's knowledge of the site, the drainage will continue in that general pattern. The lots that back up to the Shady Oaks Subdivision will drain towards the cul-de-sac in Forest Glenn North. Mr. Barton stated that he believes that drainage will not be a problem. Mr. Barton explained that in regards to Mr. Key's easement, a 7 % - foot utility easement in the rear of the property is a standard requirement on all subdivision lots. This easement is Mr. Key's property and the property can be fenced in with Mr. Key's backyard. Mr. Barton also addressed the concerns of this property being in a flood plain. Mr. Barton explained that this property is in a flood plain, but the developer will be reclaiming this land through the construction of the channel, bringing it out of the flood plain in order for it to be developable. This process is ongoing, a letter of a map revision and the associated flood studies has been sent to FEMA for review. Public Works is expecting those results, which will allow this to happen. Mr. Barton stated that in this area, utilities are placed underground. Mr. Key stated that he is worried about the trees. Mr. Barton explained that from a developer's point of view, trees are very valuable to the land. Utility easements are there for the use of the utility companies and there is always a possibility that one of those companies may utilize it. Mr. Davis stated that the utility easement could be routed around the large Oak tree. Mr. Barton agreed that there are always options available, especially since these are deep lots. Chairman Bowen closed the public hearing and called for a motion. Brenda Cole, seconded by Richard Davis, motioned to approve PZ 2003-15. The motion carried unanimously (6-0). Page 3 7/17f03 P & Z Minutes 6. PS 2003-28 CONSIDERATION OF A REQUEST FROM B. H. & L. JOINT VENTURE TO APPROVE THE PRELIMINARY PLAT OF LOTS 1-21, BLOCK 1 FOREST GLENN NORTH ADDITION LOCATED IN THE 8400-8500 BLOCK OF NORTH TARRANT PARKWAY (10.00 ACRES). APPROVED Dave Green, Zoning Administrator, summarized the case. The preliminary plat that is being presented is Forest Glenn North. The property has 21 lots and is currently zoned "R_2" Residential. The minimum lot size is 9000 square feet and the minimum house size is 2000 square feet. The layout has two cul-de-sacs which connect to North Tarrant Parkway. The applicant is proposing two plans. Plan "A" shows Spence Court to be a straight cul-de-sac opening up to North Tarrant Parkway. Plan liB" shows Spence Court to be a curved cul-de-sac opening up to North Tarrant Parkway and lining up with Spence Drive in the Forest Glenn East Subdivision. Mr. Green asked Lance Barton, Asst. Director of Public Works, to come forward and explain the two plans in more detail. Mr. Barton stated that the reason for the two plans is to address requirements from the City of North Richland Hills to have the streets line up directly across from one another or be offset by a minimum of 150 - feet. North Tarrant Parkway is designated to be reconstructed in the near future as a divided Boulevard with a raised median in the middle. In order to have median openings that will function and serve both sides of the street, the subdivision streets need to line up. Public Works requested that the developer prepare two versions of the subdivision in order for the Planning and Zoning Commission to recommend which would be better. Plan "A" shows the minimum off-set of 150 - feet and Plan liB" shows Spence Court lined up with Spence Drive across North Tarrant Parkway. Public Works recommends Plan liB" because Plan "B" gives the City more flexibility for future location of a median opening. Mr. Davis stated that another reason for choosing Plan liB" is because a logical location to place a median opening is on the Spence Court cul-de-sac. In the subdivision to the south, it is a horseshoe lot; people can come out, go across the median and go west. If the median opening is placed on the Park Brook Court cul-de-sac, the eastern phase could not go west if needed. Owen Long, applicant and engineer of the project, came forward. Mr. Long stated that he is in favor of Plan "A", but either plan is acceptable. Chairman Bowen called for a motion. Richard Davis, seconded by James Laubacher, motioned to approve PS 2003-28 with Exhibit "B". The motion carried unanimously (6-0). Page 4 7/17f03 P & Z Minutes 7. PS 2003-34 CONSIDERATION OF A REQUEST FROM STINSON DEVELOPMENT CORPORATION TO APPROVE THE FINAL PLAT OF LOTS 1-31, BLOCK A GRACE MEADOWS ADDITION LOCATED IN THE 9400 BLOCK OF KIRK LANE (10.56 ACRES). APPROVED Dave Green, Zoning Administrator, summarized the case. This is a final plat for a portion of Grace Meadows. The property is located west of Precinct Line Road and north of Kirk Lane. The Commission saw this property as a preliminary plat and rezoning case in March of 2003. On that plat and rezoning there was a frontage area on Precinct Line Road, which was zoned for Commercial purposes. The zoning was changed to "R-2" for residential uses. The minimum lot size is 9000 square feet and the minimum house size is 2000 square feet. The subdivision comes up off of Kirk Lane with a series of cul-de-sacs and 31 lots total. A letter from Public Works states that all of City Staff issues have been addressed and Staff recommends approval of this final plat. Dick Blackard, Stinson Development, came forward. Mr. Blackard stated that he is present if the Commission or Staff has any questions or concems. Mr. Schopper wondered who would maintain the open space on Lot 14. Mr. Blackard answered that it was his understanding that the City will, as part of the open space program. Mr. Schopper asked Mr. Blackard if he was going to dedicate the lot or deed it to the City. Mr. Blackard stated that it was automatically dedicated by the plat. Anything that is for public use is automatically dedicated by the plat. Chairman Bowen called for a motion. Bill Schopper, seconded by Ted Nehring, motioned to approve PS 2003-34. The motion carried unanimously (6-0). Page 5 7/17/03 P & Z Minutes 8. PZ 2003-19 PUBLIC HEARING TO CONSIDER A REQUEST FROM KIRBY COX FOR A ZONING CHANGE FROM "AG" AGRICULTURAL TO "R-1-S" SPECIAL SINGLE FAMILY RESIDENTIAL LOCATED AT 8601 CARDINAL LANE (3.34 ACRES). APPROVED Dave Green, Zoning Administrator, summarized the case. This is a request to rezone a tract of land from "AG" Agricultural to "R-1-S" Special Single Family Residential. The property is located at 8601 Cardinal Lane, north of Mid-Cities Boulevard. The reason for the rezoning is to rebuild a single-family home on the site. Mr. and Mrs. Cox have lived in a single-family structure on this site for many years. Last Christmas, Mr. and Mrs. Cox lost there home to a fire. The entire house was destroyed. Mr. and Mrs. Cox have dealt with the insurance company and those matters have been settled. However, Mr. and Mrs. Cox applied for the appropriate building permits to rebuild their home only to find out this particular property had never been platted and is currently not zoned for residential use. Mr. and Mrs. Cox are requesting a rezoning of the tract for the purpose of rebuilding their home. The platting of the property is something that will be coming to Staff very soon and Staff intends to push the platting process forward to the Planning and Zoning Commission followed by City Council as quickly as possible. Mr. Schopper asked Mr. Green if there was anything specific that needs to be done to the Master Plan. Mr. Green stated that the Comprehensive Plan shows Neighborhood Service type uses from Mid-Cities Boulevard to the back edge of this property. Each time an action is taken to recommend a rezoning of a piece of property from the Planning and Zoning Commission that is different from the Comprehensive Plan, the City Attorney always includes those languages on the ordinance that adopts the change that "you hereby are changing the Comprehensive Plan". The change is recognized in a formal matter by the time it gets to City Council. Chairman Bowen opened the public hearing and asked if anyone would like to speak in favor of this case. Mr. Cox, 8601 Cardinal Lane, came forward. Mr. Cox stated that he and his wife had lived on this property for 32 years and in North Richland Hills for 35 years. Mr. Cox stated that on Christmas morning, his wife awoke to the house being on fire and Mrs. Cox is recognized as a national hero for pulling her husband out of the house as the house crumbled before them. It made local and national news. Mr. Cox continued to state that they want to rebuild what they lost, maybe even a little bit better. Mr. Cox was unaware of the land not being platted and of the zoning situation. Mr. Cox assumed that he was grandfathered in this situation. Mr. Cox stated that he does not have a problem with what needs to be done in order to have his home built. However, time is of the essence. Page 6 7/17/03 p & Z Minutes Chairman Bowen closed the public hearing. Brenda Cole, seconded by James Laubacher, motioned to approve PZ 2003-19. The motion carried unanimously (6-0). 9. ADJOURNMENT As there was no other business, Chairman Bowen adjourned the meeting at 7:28 p.m. Chairman fP. Q~ S1:; ¡t/~ Don Bowen Ted Nehring Page 7 7/17/03 P & Z Minutes