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HomeMy WebLinkAboutPZ 2003-11-20 Minutes .... ._~----~--~,----_...~~--_.__._--------_. MINUTES OF THE REGULAR MEETING OF THE PLANNING & ZONING COMMISSION OF THE CITY OF NORTH RICHLAND HILLS, TEXAS NOVEMBER 20, 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 Ted Nehring Brenda Cole James Laubacher Ken Sapp ABSENT Richard Davis CITY STAFF Asst. City Manager Zoning Administrator Asst. Director of Public Works Recording Secretary Richard Torres Dave Green Lance Barton Holly Blake 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 Page 1 11/20103 P & Z Minutes _....."._--------~_._-'----_.~--~.- 4. CONSIDERATION OF MINUTES OF OCTOBER 16,2003. APPROVED Ken Sapp, seconded by Ted Nehring, motioned to approve the minutes of October 16,2003. The motion carried unanimously (6-0). 5. CONSIDERATION OF MINUTES OF NOVEMBER 6,2003. APPROVED Brenda Cole, seconded by Bill Schopper, motioned to approve the minutes of November 6, 2003. The motion carried unanimously (6-0). 6. PZ 2003-22 PUBLIC HEARING TO CONSIDER A REQUEST FROM D.E. RITTER ARCHITECTS INC. FOR A ZONING CHANGE FROM "C-1" COMMERCIAL DISTRICT TO "R-6-T" TOWN HOME RESIDENTIAL DISTRICT LOCATED IN THE 5600 BLOCK OF DAVIS BOULEVARD (5.0 ACRES MORE OR LESS). DENIED Dave Green, Zoning Administrator, summarized the case. This is a pubic hearing to consider a rezoning of a tract of land located in the 5600 block of Davis Boulevard. This tract of land doesn't have frontage on Davis. It actually sits behind the frontage. The retail zoning on the Davis Boulevard frontage will remain intact. The tract is approximately 5.0 acres in size and the current zoning is "C-1" Commercial. The applicant is requesting a zoning change to "R-6-T" Townhome District. Following the zoning change is a preliminary plat concerning this same tract of land. The applicant wants to construct a townhome development. The townhome development would be accessed from a public street coming off of Davis Boulevard, culminating into a circle. Dave Green pointed out to the Commission, the Comprehensive Plan shows this entire tract, including the frontage area, as retail uses. In the past, Staff has seen vacant commercial and industrial zoned properties down-zoned to residential uses. In each one of those situations, however, the residential uses were the standard "R-2" Residential District, which is a minimum 9,000 sq. ft. lot, 2,000 sq. ft. home. The density Page 2 11/20103 P & Z Minutes for "R-2" runs from 4 to 4.8 units per acre. This request is for medium density residential, approximately 6.4 units per acre. Ken Sapp asked Mr. Green about a single point of egress onto Davis Boulevard. Has Staff reviewed the impact of traffic relative to the cross streets? Lance Barton, Asst. Director of Public Works, came forward. This type of development located on Davis Boulevard will require a TIA. Staff's policy states that any type of development on Davis Boulevard, Rufe &now, Precinct Line Road, and Grapevine Hwy requires a TIA. Chairman Bowen opened the public hearing. Dave Conte, 5621 Galloway Lane, came forward. Mr. Conte stated that is a much better use of the land rather than the previous request for a QuikTrip. There is a detention pond indicated in the southeast corner of the property. Mr. Conte's concerns are stagnate water and how it will be maintained. Mr. Conte asked why the existing culvert will not be used for drainage adjacent to the property. Chairman Bowen explained to Mr. Conte that the existing culvert cannot handle the overflow. It doesn't have the capacity to handle this piece of property once it is developed. Mr. Conte asked if the existing culvert could be upgraded to handle the new development. Mr. Conte also asked about the placement of light posts. He wanted to know how high the light posts will be, what kind of wattage will they use and how close will they be to the residents on Galloway. Another question from Mr. Conte is regarding his stockade fence on the eastern edge. Will the applicant replace the existing fence and how high will that fence be. Mr. Conte understands that these townhomes will be two-story homes. Will the fence be high enough to screen from the adjacent properties. Chairman Bowen stated that based on the requirements of the town homes they will be' two-story. There will not be a fence tall enough to screen a second story. . Mr. Barton answered Mr. Conte's concerns. In reference to the detention pond, the receiving storm drain system, which is an open channel, doesn't have sufficient capacity to accept the increased run off from this type of development. In order to not increase the volume of run off to the existing storm drain system, the development will be required to construct a detention pond. This is different than a retention pond. A detention pond is dry during dry weather. There will not be any standing water in it except when it is raining, and then the water will drain off and dry out. This type of facility is required to maintain the detention pond through a maintenance agreement with the City. It will be the responsibility of the Homeowner's Association or the owner of the property. Regarding the street lights. The planning of this project has not progressed far enough for Staff to say where the street lights will be located. Page 3 11/20103 P & Z Minutes ~-._'~._---~.~---,-~---.~-~-_._--_. Chairman Bowen stated that these are valid issues, however this is currently a zoning case and the Commission needs to determine if this is the best use of the land. Bill Angle, the applicant, came forward. Mr. Angle stated that the townhomes will have a large home appeal with a maintenance agreement that will include a Homeowner's Association. H.F. Smith, 7808 Irish Drive, Apt. A, came forward. Mr. Smith stated that he purchased the apartments next to this development with the hopes that retail would be brought in that his tenants would use. Mr. Smith stated that he is against this rezoning. Johnathan Aflatouni, President of Trans Global Commercial Reality, came forward. Mr. Aflatouni stated that he had a contract on the same parcel of land last year. It came before the Planning and Zoning Commission for a rezoning with retail in the front and town homes towards the back. It was rejected. Nasser Shafipore, client of Johnathan Aflatouni, came forward. Last year, Mr. Shafipore bought this land. Mr. Shafipore stated that he came to the Planning Department and was told that this land is for commercial only. Chairman Bowen stated to Mr. Shafipore that the applicant has formally requested the rezoning with the current owners permission. The Commission is open minded to the request and will listen to all of the evidence before voting on a recommendation. Chairman Bowen stated that he doesn't recall a multi-family request last year. Mr. Green stated that Mr. Shafipore did come in last year with some ideas for this property. Staff sat down with him to discuss it and look over the plans he had brought. A formal request was never submitted. Chairman Bowen stated that the only formal request for this land before this was a QuikTrip. Chairman Bowen asked if there was anyone else who would like to speak regarding this case. There were none. Chairman Bowen closed the public hearing. Ted Nehring stated that he liked the Comprehensive Plan as it is. The density is too heavy for this particular property. Ken Sapp stated that he agreed with Mr. Nehring. Mr. Sapp believes the developer has done a great job with the project, however the location of the project is a concern. Chairman Bowen called for a motion. Ted Nehring, seconded by Ken Sapp, motioned to deny PZ 2003-22. The motion carried (4-2) with Brenda Cole and Bill Schopper voting against the denial. Page 4 11/20103 P & Z Minutes 7. PS 2003-50 CONSIDERATION OF A REQUEST FROM D.E. RITTER ARCHITECTS INC. TO APPROVE THE PRELIMINARY PLAT OF EMERALD PLAZA LOCATED IN THE 5600 BLOCK OF DAVIS BOULEVARD (6.601 ACRES). DENIED Dave Green, Zoning Administrator, stated that this case is related to the previous case (PZ 2003-22). Despite the denial of the previous case, an action needs to be taken for the record. Brenda Cole, seconded by Bill Schopper, motioned to deny PS 2003-50 due to the denial of PZ 2003-22. The motion carried unanimously (6-0). 8. PZ 2003-23 PUBLIC HEARING TO CONSIDER A REQUEST FROM TOM J. HARRIS FOR A ZONING CHANGE FROM "AG" AGRICULTURAL DISTRICT TO "R-1-S" SPECIAL SINGLE FAMILY RESIDENTIAL DISTRICT LOCATED AT 8040 VALLEY DRIVE (2.112 ACRES). APPROVED Dave Green, Zoning Administrator, summarized the case. This is a tract of land that is currently zoned "AG" Agricultural. The applicant is requesting that the property be rezoned to "R-1-S" Special Single Family Residential. "R-1-S" allows the resident to place a residential structural in an !lAG" setting. It allows the resident to keep animals, such as cows and horses. The property is located at the corner of Continental Trail and Valley Drive. Currently there is an existing single family structure on the site along with some out buildings. The applicant wants to expand the existing single family structure. However, the property has never been platted and is currently zoned "AG". The Comprehensive Plan shows low density, single family type uses for this area. Chairman Bowen opened the public hearing. Tom Harris, the applicant, came forward. Mr. Harris stated that he was available for any questions. Ken Davis, 8041 Valley Drive, came forward. Mr. Davis asked the Commission if this was for an expansion of the existing structure only. Also, Mr. Davis asked why the property needs to be rezoned from "AG". Page 5 11/20103 P & Z Minutes Chairman Bowen answered that it was for an expansion of the existing structure, but in order to do so, the property needs to be rezoned. "AG" is a holding zone in North Richland Hills. The residents can stay there as long as the residents did not want to make any improvements. When improvements are made by 30%, they cannot be made in an "AG" zone. Mr. Davis asked if the rezone would affect the surrounding properties, such as the tax base. Bill Schopper answered that it was different thing. The "AG" exemption is basically a deferment of tax value and property taxes. It has no relationship between the zonings. Chairman Bowen asked if anyone else would like to speak regarding PZ 2003-23. There were none. Chairman Bowen closed the public hearing and called for a motion. Bill Schopper, seconded by Brenda Cole, motioned to approve PZ 2003-23. The motion carried unanimously (6-0). 9. PS 2003-49 CONSIDERATION OF A REQUEST FROM CARTER AND BURGESS, INC. TO APPROVE THE FINAL PLAT OF LOT 1, BLOCK 1 HARRIS ADDITION LOCATED AT 8040 VALLEY DRIVE (2.112 DRIVE). APPROVED Dave Green, Zoning Administrator, summarized the case. The applicant is requesting to plat this property in order to expand the existing residential structure. In this case, Staff is combining the preliminary plat and the final plat. It meets the criteria for doing so, due to an existing structure on site and there are no drainage issues with this property. Public Works has provided a letter stating all comments have been satisfied. Staff recommends approval. Chairman Bowen called for a motion. Ken Sapp, seconded by James Laubacher, motioned to approve PS 2003-49. The motion carried unanimously (6-0). Page 6 11/20103 P & Z Minutes 10. ADJOURNMENT As there was no other business, Chairman Bowen adjourned the meeting at 7:32 p.m. Chairman ~o~ Don Bowen Page 7 11/20103 P & Z Minutes Secretary 1-;) ¡//~ Ted Nehring