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HomeMy WebLinkAboutPZ 1999-03-11 Minutes MINUTES OF THE REGULAR MEETING OF THE PLANNING & ZONING COMMISSION OF THE CITY OF NORTH RICHLAND HILLS, TEXAS MARCH 11, 1999 -7:00 p.m. 1. CALL TO ORDER The meeting was called to order by Chairman Richard Davis at 7:00 p.m. 2. ROLL CALL PRESENT Chairman Richard Davis Ted Nehring Doug Blue James Laubacher Ron Lueck Mark Wood Don Bowen CITY STAFF Mg. Dir of Dev Planning Director Recording Sec'y Asst. Director PW Staff Engineer Steve Norwood Marcy Ratcliff Valerie Taylor Kevin Miller Julia Skare 3. CONSIDERATION OF MINUTES OF FEBRUARY 25, 1999 APPROVED Mr. Laubacher, seconded by Mr. Bowen, moved to approve the minutes of February 25, 1999, provided Mr. Bowen's name was added to the list of Commissioners in attendance. The motion carried unanimously. Mr. Norwood introduced the new Planning Director, Marcy Ratcliff to the Commissioners and gave them an overview of her background, stating that staff was extremely fortunate to get her. Page 1 3/11/99 P & Z Minutes 4. PS 99-03 REQUEST OF RICK SIMMONS FOR A FINAL PLAT OF LOT 1, BLOCK 1, VILLAS ON BEAR CREEK ADDITION. (LOCATED IN THE 8000 BLOCK OF DAVIS BOULEVARD) APPROVED Mrs. Ratcliff gave an overview of the case before the Commission and stated that the applicant was present for any questions they may have. She stated that staff recommends approval of this request subject to engineers comments as well as notarized letters of permission referencing the approved plan sheet for the grade to drain swale from adjacent property owners and, provided all necessary offsite easements, metes and bounds and exhibits are obtained. Chairman Davis stated that the Commission had been informed that the applicant has progressed in obtaining the necessary documents and easements, stating that the applicant is aware some documentation will need to be made available prior to proceeding to City Council. Mr. Wood, seconded by Mr. Nehring, moved to approve PS 99-03. The motion carried unanimously. Page 2 3/11/99 P & Z Minutes 5. PZ 99-02 PUBLIC HEARING TO CONSIDER THE REQUEST OF BILL DAHLSTROM FOR A ZONING CHANGE FROM C2-COMMERCIAL TO PD-PLANNED DEVELOPMENT ON LOT 3R1, BLOCK 50, NOR'EAST ADDITION. (LOCATED AT 5205 - 5217 DAVIS BOULEVARD) APPROVED Mrs. Ratcliff explained that the P&Z originally heard this case at their February 11, 1999 meeting and tabled this case, allowing the applicant additional time as well as the opportunity to attend a P&Z work session on February 25. The applicant did attend that session, and received input from the Commissioners regarding this case. She stated the applicant has revised his site plan and landscape plan. She explained that staff has worked with the applicant to achieve their final revised site and landscape plan. She explained that staff had several major concerns, i.e., landscaping and irrigation, fire protection and ingress and egress from Roberta Drive. Staff is also concerned about the impact and appearance of a six-foot masonry fence along Roberta and Lola Drives. The applicant has proposed to provide a six-foot masonry fence along Lola Drive and Roberta Drive. He is proposing to place landscaping in front of this fence in the ROW. Since this is an existing site, staff believes that landscaping in the ROW will soften a six-foot masonry-screening fence next to a tilt wall building. Additional landscaping will also be added in the front of the property along Davis Boulevard as well as a six-foot masonry fence between buildings B & C. This will screen the outside storage of the irrigation company from the Davis Boulevard Baptist Church. Mrs. Ratcliff stated that Mr. Dahlstrom is present and will answer any questions the Commission may have. Additionally, late Wednesday afternoon staff received a petition from property owners within 200' of this request. Because more than 20% of the property within 200' oppose this request; it will require a % vote by City Council, should the P&Z approve it. Chairman Davis reopened the public hearing and asked the applicant to come forward. Mr. Bill Dahlstrom presented this request. He explained that at the Commissioners direction, they were requested to put a six-foot masonry wall along Roberta Drive; the applicant stated that they had agreed to do so as well as to extend the wall along Lola Drive. Mr. Dahlstrom stated that two gates will be provided as requested by the Fire Department. Additional landscaping has been provided to soften the concrete appearance from Lola. Page 3 3/11/99 P & Z Minutes Truck traffic has been prohibited along Roberta. And, the dumpsters will be enclosed totally with a solid gate to eliminate the complaint of blowing trash. The uses were discussed at length, explaining that the purpose of this case was to take the uses that are currently non-conforming and make them conforming so the property can be sold. He explained that Building D was constructed with hydraulic lifts, and was specifically designed for automotive repair kinds of uses. They requested this type use remain allowed in Building D. He stated they are agreeable to prohibit these kinds of automotive repair uses out of Buildings E & C so that the existing automotive repair shop in that location would continue to be non-conforming, so that when it leaves, it couldn't be replaced with a similar use. Building A is primarily retail and they have agreed to limit those uses to the office/retail allowed in C1-Commercial district uses, which will make it a more restrictive area. Buildings D & B are the more intensive uses and they are willing to exclude the machine shop and manufacturing use. But, he believes the assembly use needs to be left as a permitted use. He stated that would allow them the uses they need to make the site conforming and he believes this will be a community benefit, given the direction they have taken. He stated that irrigation was at first an issue because landscaping was proposed throughout the site. However, given staff direction, existing irrigation surrounds the property so the landscaping in the ROW will be irrigated. Additionally, a landscaping legend has been included on the site plan, which clearly indicates what type plants are proposed. Mr. Dahlstrom agreed to subject the site to signage regulations currently adopted, opposed to grandfathering the site, as previously requested. In closing Mr. Dahlstrom stated they feel they have addressed every issue brought out in the previous public hearing. He stated they have worked diligently with staff and significantly modified the plan from the previous submittal. He stated they have also compiled a list of uses not to be allowed in buildings C & E. Mr. Wood asked if buildings D or B contained a paint and body shop currently. Mr. Rick Gartner, Bradford Companies responded stating that Building E, which is housed at the corner of Roberta & Lola, has an automotive shop, which will Page 4 3/11/99 P & Z Minutes remain non-conforming, meaning that they can only stay until the end of their lease term, and at that time no additional paint & body shops would be allowed. Mr. Wood stated that a paint & body shop was not a use needed in Buildings C & E, and should be removed from the ordinance as a permitted use. Responding to a question, Mr. Gartner stated that the automotive shops lease expires in a year; after that another would not be allowed. Mr. Bowen stated that the Paragraph 5 referencing signage, in its entirety could be deleted from the existing ordinance. The applicant agreed. Mr. Nehring asked the applicant to apply for "No Parking" signage and the applicant agreed. Chairman Davis stated that "No Parking Signs" along Roberta would be a part of the PD site plan. Mr. Nehring stated that according to the ordinance as prepared they were requesting six months for completion of the masonry-screening wall and landscaping. The applicant stated that less than six months could be handled if the Commissioners so desired. He stated they would be amenable to a reasonable time line. Chairman Davis stated that the citizens would probably feel a little more assured if they started seeing immediate results, instead of months of nothing happening. Mr. Gartner stated that work would commence immediately and that there was nothing magic with six months. Chairman Davis asked the applicant if he was willing to commit to four months tonight. The applicant agreed. Chairman Davis referred to the ordinance again, Page 2, Paragraph Five should be deleted since new signage regulations are proposed to be adopted by City Council on March 15, 1999. The applicant agreed to Paragraph Five 5 on Page 2 of the proposed ordinance. Chairman Davis asked if the parkway on Roberta Drive would be sprinkled and the applicant stated that an irrigation system already exists. Chairman Davis stated that a large amount of trees were being added and was concerned if the existing irrigation system would be adequate. The applicant believes it will. Page 5 3/11/99 P & Z Minutes Chairman Davis stated that additional shrubs would also be added, and wanted to know if modifications to the irrigation system would be required for this. The applicant stated if it was necessary it would be done since they are obligated to maintain the landscaping once planted. George Jones, the proposed buyer for the property, stated that he is aware there may be special needs arise in tending to the trees and has no problem with them. He is glad to dress up the property and see's it as a benefit to him. Additionally, he stated they will be closing on this property by the end of the month and it is important to him that the wall is installed before they close. Seeing no additional proponents, Chairman Davis called for opponents. Chairman Davis reminded the audience that a valid petition had been received which will require a % majority vote of the Council, if P&Z recommends approval on this case. Opponents of this case were: +Joseph Bullock, 7624 Palomar + Leon Clark, 7624 Lola + Terry Mitchell, 7624 Sybil Drive The issues of concern were excessive parking on Roberta Drive, excessive noise from the motorcycle shop and safety issues. Chairman Davis informed the citizens that noise abatement is an issue that can be resolved by Code Enforcement; he asked that staff have that department notified. Mr. Wood suggested that "No Parking" on both sides of Roberta would be more effective and wanted to know if the homeowners would object to that. Mr. Bullock stated that they would encourage that. Seeing no additional opponents the public hearing was closed. Mr. Dahlstrom stated that he would be meeting with surrounding property owners once again prior to the City Council meeting. Mr. Jones stated that many of the issues he has heard discussed are issues that should be dealt with by the manager/landlord of the facility. He assured the citizens and city that as the new owner and landlord, he will control the tenants Page 6 3/11/99 P & Z Minutes or evict them, it is that simple. He stated he has as much interest in preventing that sort of behavior as the neighbors and again, assured them it would be stopped. Mr. Wood stated that the Commissioner's are aware of the valid petition submitted to staff and they don't want the passage of this item to reflect the idea that the Commission isn't listening; obviously, some of the uses that exist would not be approved if this were a new development. However, this is an existing project that they are trying to make the best of. Chairman Davis asked the applicant for the list of uses that would be excluded from buildings C & E. Mr. Wood, seconded by Mr. Bowen, moved to approve PZ 99-02 subject to: + Under Category 1 of the Permitted Uses, Paragraph 2, Buildings D & B, strike paint and body shops as a permitted use as well as the entire final sentence of the same paragraph referring to machine shops, etc. +Add to that paragraph that the only outdoor storage will be of landscaping irrigation pipe and related materials, which is what's currently there today, at the same location as is today and as shown on the site plan. +Submit an application to City Council requesting a "No Parking" area be designated along each side of Roberta Drive the width of the subject property (506 feet) + Section 4 regarding the timing of the items being installed be changed from six months to four months for completion +Section 5 regarding signage be deleted + Excluding the following uses from Buildings C & E: automobile & light truck repair shop auto lubrication center paint and body shop auto, truck, trailer rental car wash/auto laundry tire and battery sales store machine shop reclamation center welding shop steel metal shop The motion carried unanimously. Chairman Davis thanked Mr. Dahlstrom for his time and efforts and for working with the neighborhood. He additionally stated he hoped the neighborhood felt they had been heard. He believes a great improvement was achieved and Page 7 3/11/99 P & Z Minutes hopes the citizens can speak in favor of this request when it goes before the City Council on March 29, 1999. Page 8 3/11/99 P & Z Minutes 6. PZ 99-03 PUBLIC HEARING TO CONSIDER THE REQUEST OF JOHN COPE FOR A ZONING CHANGE ON TRACT 4C4, OF THE J. MCCOMAS SURVEY, A-1040 FROM AG-AGRICUL TURAL AND R1-RESIDENTIAL TO R1S-SPECIAL RESIDENTIAL. (LOCATED AT 6724 MEADOW ROAD AND PROPOSED TO BE FINAL PLATTED AS LOT 1, BLOCK 1, COPE ADDITION) APPROVED Because of a prior commitment, Mr. Wood excused himself for the evening. Chairman Davis opened the public hearing and asked for any proponents. Seeing none, he called for any opponents. Seeing none, the public hearing was closed. Mr. Lueck, seconded by Mr. Blue, moved to approve PZ 99-03. The motion carried unanimously. Page 9 3/11/99 P & Z Minutes 7. STAFF REPORT There were none. 8. CITIZEN COMMENTS There were none. 9. ADJOURNMENT Having no additional business to conduct, the meeting adjourned at 8:00 p.m. C~\-~'J)~B- Richard Davis, Chairman ~J4 /~I fl. Ted Nehring, Secretary Page 10 3/11/99 P & Z Minutes