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HomeMy WebLinkAboutPZ 1999-03-25 Minutes MINUTES OF THE REGULAR MEETING OF THE PLANNING & ZONING COMMISSION OF THE CITY OF NORTH RICHLAND HILLS, TEXAS MARCH 25, 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 Mark Wood Don Bowen ABSENT Ron Lueck CITY STAFF Planning Director Recording Sec'y Director of PW Asst. Director PW Staff Engineer Marcy Ratcliff Valerie Taylor Greg Dickens Kevin Miller Julia Skare 3. CONSIDERATION OF MINUTES OF MARCH 11, 1999 APPROVED Mr. Blue, seconded by Mr. Bowen, moved to approve the minutes of March 11, 1999. The motion carried unanimously. Page 1-3 /25/99 P & Z Minutes __ _,._.__.'"___._M._.______~~_~._____~_.__..,,___._..___.~._"'.__._.~...~...,..."_.~_~_,_~.~____..__~ 4. PS 98-62 REQUEST OF JIMMY LOPEZ OF ADAMS CONSULTING ENGINEERS, INC., FOR A FINAL PLAT OF LOTS 2R THROUGH 6, BLOCK 6, T APP ADDITION. (LOCATED AT THE NORTHEAST CORNER OF INTERSTATE 820 AND INDUSTRIAL PARK BOULEVARD APPROVED Ms. Ratcliff explained that this 22.122 acres are proposed for five lots. Lot 2 is proposed to be developed as a Sam's Wholesale Club. The remaining lots are not being developed at this time. The property is zoned C2-Commercial and 12- Industrial, which coincides with the City's Future Land Use Plan. Industrial Park Boulevard would be relocated slightly to the west. There are several outstanding issues to be resolved and, the developer and engineer are working with staff. Ms. Ratcliff stated that staffs recommendation is to approve this plat subject to the engineers comments, requiring submittal of a signal light plan, a letter of permission from Dallas Area Rapid Transit (DART) acknowledging acceptance of the discharge and easements for all storm drain improvements, provide additional fire hydrants and easements, as may be required, relocate 2 fire hydrants along the frontage road in a water line easement, all storm drain improvements are placed in a drainage easement and provide all off-site easements and signed exhibits and the driveway spacing issues is resolved. Don Craig, Adams Consulting Engineers, presented this request. He explained that they have met with DART and are working towards resolving the drainage issues. He explained that worse case scenario, should DART says no, they would have to put detention ponds on site or on the property to the west of Industrial Park Boulevard. He stated that property owner, Mr. Smalley, has been involved in these discussions and doesn't see a problem with it. However, he was unable to be at the meeting. Mr. Davis stated that the Commissioners believe the common entrance between Lots 4 & 5 should remain and a common driveway entrance should be added between Lots 5 & 6. Additionally, they would like to see the drive approach indicated on the site plan moved closer to the property line. Only one entrance would be allowed on the west side of Lot 6 when the median is in place. Mr. Wood, seconded by Mr. Nehring, moved to approve PS 98-62 subject to engineer's comments, which include submittal of street light plans, letter of permission from DART acknowledging acceptance of the discharge and easements for all storm drain improvements; additional fire hydrants and easements are provided, as may be required, the relocation of the 2 fire hydrants Page 2-3 /25/99 P & Z Minutes along the frontage road in a water line easement, provide all off-site easements and signed exhibits and require two shared driveway entrances, one between Lots 4 & 5 and the other between Lots 5 & 6 on the 820 frontage road, the elimination of the entrance in the middle of Lot 6 and allow only one curb cut on Industrial Park Boulevard for Lot 6 when the median is constructed. The motion carried unanimously. Page 3-3 /25/99 P & Z Minutes 5. PS 99-01 REQUEST OF WARREN HAGEN FOR AN AMENDED PLAT OF LOT 1, BLOCK 3, BRENTWOOD ESTATES ADDITION. (LOCATED AT 8955 NORTH TARRANT PARKWAY) APPROVED Ms. Ratcliff explained that this property is currently being developed as a Walgreen's. This lot contains 1.833 acres and the plat is being amended to remove an unnecessary drainage easement on the east side of the property and a portion of a utility easement in the northwest corner along Davis Boulevard. Mr. Bowen, seconded by Mr. Blue, moved to approve PS 99-01. The motion carried unanimously. Page 4-3 /25/99 P & Z Minutes 6. PS 99-06 REQUEST OF BOB FRANK FOR AN AMENDED FINAL PLAT OF LOTS 33R AND 34R, BLOCK 3, MEADOW LAKES VILLAS. (LOCATED AT 5055 AND 5501 GREENVIEW COURT) APPROVED Ms. Ratcliff explained that this amended plat is .89 acres for two lots. They have moved the lot line between the two lots several feet to the southeast. The property is zoned as a Planned Development for single family residences. Staff recommends approval of the plat subject to the engineer's comments that Greenview Court is shown as Lot 1, Block 1. Mr. Nehring, seconded by Mr. Blue, moved to approve PS 99-06 subject to engineer's comments to label Greenview Court as Lot 1, Block 1. The motion carried unanimously. Page 5-3 /25/99 P & Z Minutes 7. PS 99-07 REQUEST OF MICHAEL CLARK OF WINKELMAN & ASSOCIATES FOR A FINAL PLAT OF LOTS 1 R & 3, BLOCK 1, VENTURE ADDITION. (LOCATED IN THE 4900 BLOCK OF DAVIS BOULEVARD) APPROVED Ms. Ratcliff explained that this 10.591 acres is being replatted into two lots. Lot 1 R is proposed to be developed as the Expo Design Center, Lot 3, which fronts Grapevine Highway, will not be developed at this time. Only two outstanding issues remain; drainage easements and sidewalks. The engineer believes he has taken care of the drainage and doesn't feel additional easements will be needed. A sidewalk is shown to be dedicated on the plat adjacent to Davis Boulevard and Grapevine Highway. The sidewalks located along Grapevine Highway are to be shown 4' off the ROW line, per TXDOT standards, if adequate room is available. Staff recommends approval subject to the engineer's comments requiring any additional drainage easements as needed and to construct the sidewalks along Davis Boulevard and Grapevine Highway in the sidewalk easement. Mr. Wood, seconded by Mr. Laubacher, moved to approve PS 99-07 subject to engineer's comments. The motion carried unanimously. Page 6-3 /25/99 P & Z Minutes 8. PZ 99-05 REQUEST OF WINKELMAN & ASSOCIATES FOR A SPECIAL USE PERMIT FOR ON-SITE CUSTOM CUTTING OF COUNTERTOPS AND CABINETS AT EXPO DESIGN CENTER AT LOT 1 R, BLOCK 1, VENTURE ADDITION. (LOCATED IN THE 4900 BLOCK OF DAVIS BOULEVARD) APPROVED Ms. Ratcliff explained that the applicant is requesting a Special Use Permit to allow onsite custom cutting of countertops and cabinets for the Expo Design Center. The building will contain 92,475 square feet. The proposed countertop and cabinet shop will be located on the east side of the building and the dust will be collected in a dust collector and disposed of off-site. The developer is providing 394 offstreet-parking spaces; only 370 are required. They are proposing two driveways along Davis Boulevard, which are in accordance with the Design Manual. The main drive entrances align with the existing median cut along Davis Boulevard. Two pole signs are proposed, one on each street frontage. The proposed signage is in accordance with the newly adopted Sign Ordinance, relative to the Freeway Overlay Zone. The proposed sign along Davis Boulevard is 65' in height and contains 390 square feet. The sign proposed along Grapevine Highway is 25' in height and contains 98.6 square feet. An 8' modular pre-cast concrete screening wall that will be painted and textured is proposed along the rear of the property, adjacent to the single family homes. Additionally, the applicant proposes to plant 18 evergreen trees along the proposed wall. The landscaping is in accordance with the newly adopted Landscaping Ordinance, however, the Plant Legend on the site plan needs to be revised because of simple typos. Staff recommends that P&Z approve the site plan for the SUP with revisions to the plant legend on the landscape plan. She stated the applicant has a short video for the Commissioners to watch. Mr. Davis questioned why this property is considered part of the Freeway Overlay Zone. Ms. Ratcliff stated that a copy of the interchange design was included in the packets. Staff determined it to be in the overlay zone because of the fly-over from Davis Boulevard to NE Loop 820, which will be elevated. Page 7-3 /25/99 P & Z Minutes Mr. Davis doesn't believe a 65' sign is needed and doesn't believe this property lies within 200' of the freeway. The new ordinance only allows for pole signs in the overlay zone. Mr. Davis stated the proposed sign along Grapevine Highway is 5' too tall as well. Ms. Ratcliff stated that the case was reviewed with the interpretation of it being within the Freeway Overlay Zone. Mr. Davis stated that the Commissioners need to determine whether or not they feel the property is within the overlay zone; if the decide that its not, the sign will be brought into conformance. Mr. Wood believes that if this property is determined to be within the freeway overlay zone Eckerds Drug Store at the corner, as well as whatever future development on Lot 3, will be included in the overlay zone. Chairman Davis opened the public hearing and asked the applicant to come forward. Keith Johnston, Greensburg Farrow Architects, Atlanta, GA, presented this request for Expo Design Center. He stated that his interpretation of the sign ordinance is that this location is within 200' of the ROW of Loop 820. When the ramps are constructed, in his opinion, that technically is the Loop 820 ROW, stating that on and off ramps are considered ROW. Mr. Wood asked why it was considered 820 ROW; Davis Boulevard, (FM 1938) is also a state highway. Mr. Johnston stated that they could get clarification from TXDOT. Mr. Davis stated that the Commissioners don't have to agree with the Highway Department since the overlay zone was established by the City. Lengthy discussion ensued regarding the proposed signage on the property, as well as where the Loop 820 ROW actually is. Mr. Johnston stated that it's a matter of interpretation in establishing where the ROW for Loop 820 begins. He believes that once the fly over ramp is constructed, the building and all signage will be completely blocked from any public view of the arteries they are trying to gain visibility and access from. Page 8-3 /25/99 P & Z Minutes Chairman Davis stated the proposed sign along Davis Boulevard could be moved north, where the ramp decreases in height. Mr. Johnston had a video that was played for the Commissioners and audience that showed existing facilities and what Expo Design Center offers. Mr. Johnston stated that cabinets are not constructed at this facility. They only construct countertops. The area where these countertops are constructed is less than 10% of the store. He stated that it is all totally contained within the rear of the building. Responding to a question regarding the fence, Mr. Johnston stated that the wall is painted on both sides, textured to match the building and is 4 % inches thick with 5' centers. The store shown in the video is the prototype being used across the country. Seeing no additional proponents and no opponents, the public hearing was closed. Mr. Blue stated that if there was a designation of the on and off ramps by the state it would help resolve the freeway overlay zone issue. He explained that all entrance and exit ramps are designated for a specific highway. Mr. Davis reiterated that the Commission doesn't have to adhere to the state's interpretation of ROW. Ms. Ratcliff stated that as a result of this request the City Manager has asked staff to present something to Council in order to establish the perimeters of the 200' of the freeway overlay zone. This would alleviate the matter of interpretation. Mr. Davis reiterated the possibility of moving the sign north. He believes they will be setting a bad precedent allowing this location to be considered in the freeway overlay zone. Responding to a question, Mr. Johnston explained that the outside display area is not storage. Lawn furniture is displayed outside only during business hours. The furniture is brought inside when the store closes. Ms. Ratcliff stated that a note could be placed on the site plan prohibiting overnight outdoor storage. Responding to a question by Mr. Wood, Mr. Johnston stated that 65' was based on his interpretation of the sign ordinance. The maximum height of a sign Page 9-3 /25/99 P & Z Minutes located within the overlay zone is 65'; they are requesting the maximum sign allowed. Before he would be willing to commit to a compromise on the sign height, he would have to see Loop 820 construction plans, explaining they are adamant regarding the sign height. Chairman Davis stated that he too is adamant regarding the signage and would entertain a motion. Mr. Nehring asked how staff had determined that this property was within the overlay zone. Ms. Ratcliff explained that staff knew the ramp is to be elevated, but they don't know at what height. Additionally, the Venture Addition property line actually goes down to the intersection in front of Eckerds Drug Store. Mr. Davis stated that he has no problem with the proposed screening wall. He hopes that the Commissioners will give a lot of thought to the new sign ordinance and the size of this sign. He stated it is the Commissioners job to interpret what the ordinance says. He doesn't believe the fly over will be that tall and, it will be descending in that area. Mr. Wood thinks this will be a great project. He understands the desire for increased height on the sign, but would rather grant an exception for this sign height instead of establishing this property as part of the freeway overlay zone. He believes 65' is excessive, but as a compromise suggests 35 - 45 feet in height. Responding to a question, Ms. Ratcliff stated that if this property were determined to be in the freeway overlay zone for the freeway, Eckerds would be included as well as the vacant lot between Eckerds and the Expo Design Center. Mr. Blue believes the property is within the overlay zone. His interpretation of the ROW would be to the intersection of Davis Boulevard and Bedford-Euless Road, where it crosses Grapevine Highway. The state purchased property for the interchange, which went all the way down to the Red Lobster. Mr. Nehring stated that he believes the sign should be lowered. He doesn't want a precedent set. Mr. Laubacher is opposed to the sign height as well. He believes the intention of the revised regulations for signage is to avoid signs like this. Page 10-3 /25/99 P & Z Minutes Mr. Bowen doesn't believe 20' is high enough for the sign along Davis Boulevard, but thinks 65' is excessive. He would like to see a compromise agreed to. He stated 40 - 45' would be workable. Mr. Wood moved to approve PZ 99-05 subject to staff recommendation for an SUP for onsite cutting of countertops, revising the plant legend on the landscape plan, that sign "A" is restricted to 45' and sign "B" is restricted to 25' in height. Mr. Bowen seconded the motion and it carried with a vote of 4 - 2. Messrs. Wood, Bowen, Blue & Nehring were in favor of the motion. Messrs. Laubacher and Davis were opposed, requesting the record reflect that their only opposition was to the sign height allowed. Mr. Davis stated that Hudiburg Chevrolet is addressed on Loop 820. This property won't be and it is not anywhere near Loop 820 in his mind, regardless of a fly over ramp. He stated that this property has almost 600' of frontage along Davis Boulevard and the sign could be relocated. He believes 45' does not meet the intent of the new ordinance and believes the applicant has other options. The Commissioners requested that staff write a letter to an Engineer of the Highway Department requesting the northern limits of the Loop 820 ROWand S. H. 121 ROW. The Commission wants to know what the state considers as highway ROW for the northern limits of the City. Mr. Wood suggested the Commission consider modifying the freeway overlay zone, stating there is nothing magical with 200 feet. Page 11-3/25/99 P & Z Minutes 9. PZ 99-04 SITE PLAN REVIEW OF LOT 1 R2, BLOCK 30, HOLIDAY NORTH ADDITION, SECTION 38 (LOCATED IN THE 5500 BLOCK OF DAVIS BOULEVARD) POSTPONED Staff received a letter from the applicant requesting this item be postponed for a later meeting. Page 12-3 /25/99 P & Z Minutes - ---'_'_"~'~~""'^"'--"'__'''"_._"~'.~-,,--_.-------....-------- 10. PZ 99-08 REQUEST OF EDWARD AND MARY JANE LETT TO AMEND THE ZONING ORDINANCE TO ALLOW A WEDDING CHAPEL AS A PERMITTED USE IN AN EXISTING COMMERCIAL DISTRICT. (PROPOSED LOCATION 7601 AND 7605 PRECINCT LINE ROAD) Ms. Ratcliff explained that the Lett's have requested the Commission consider amending the Table of Permitted Uses to list a wedding chapel as a permitted use. The Use Table does not have a category of this nature, nor anything similar. She explained that a public hearing would be required for this amendment to the Zoning Ordinance. Staff does not believe the LR-Local Retail district is meant for this type use, but that C1-Commercial and C2-Commercial districts would be more appropriate. Ms. Ratcliff stated that the Lett's were in attendance. Additionally, she explained that they are aware the proposed locations would require a zoning change, should the Commissioners create this type use. The consensus of the Commission was this should be a use, allowed by right, in the C1-Commercial and C2-Commercial zoning districts. Mr. Blue, seconded by Mr. Nehring, moved to recommend staff schedule a public hearing on April 8, 1999 to amend the Zoning Ordinance allowing a wedding chapel use as a permitted use in the C1 and C2 zoning districts. The motion carried unanimously. Page 13-3 /25/99 P & Z Minutes 11. ADJOURNMENT Having no additional business to conduct, the meeting adjourned at 8: 15 p.m. C q\'~'J)a,v;" tJ Richard Davis, Chairman Page 14-3 /25/99 P & Z Minutes