HomeMy WebLinkAboutPZ 1999-04-22 Minutes
MINUTES OF THE REGULAR MEETING OF THE
PLANNING & ZONING COMMISSION OF THE
CITY OF NORTH RICHLAND HILLS, TEXAS
APRIL 22, 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
Doug Blue
James Laubacher
Ted Nehring
Don Bowen
Ron Lueck
ABSENT
Mark Wood
CITY STAFF
Planning Director
Recording Sec'y
Director of PW
Asst. Director PW
Marcy Ratcliff
Valerie Taylor
Greg Dickens
Kevin Miller
3.
CONSIDERATION OF MINUTES OF APRIL 8, 1999
APPROVED
Mr. Blue, seconded by Mr. Bowen, moved to approve the minutes of April 8,
1999. The motion carried unanimously.
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4.
PS 98-43
REQUEST OF BILL FENIMORE FOR A FINAL PLAT OF BLOCKS 5, 6,
7 & 8, WOODLAND OAKS ADDITION. (LOCATED AT CRANE ROAD AND
AMUNDSON DRIVE)
APPROVED
Ms. Ratcliff explained that this proposed addition contains 35 single-family lots
on 11.4 acres. She explained there are several easements that will need to be
abandoned and the ordinance abandoning these easements will need to be
shown on the plat. Access to Lot 17, Block 5, is currently a gravel drive off of
Crane Road; once this plat is approved, access will be from either Lonesome
Oaks Court or North Oak Drive. She explained that a 7-% foot utility easement is
required along the rear property line and will need to be added to the plat.
She explained that the detention pond would also need to be contained in a
drainage easement. This pond will be located along Amundson Road and Crane
will be directly along the frontage. The easement dedication needs to be
incorporated into the closing paragraph of the metes and bounds description and
ROW needs to be clearly labeled.
Subdivision Regulations require the developer to provide his portion of the street
improvements, curb and gutter along the east ROW of Crane Road and the
south ROW of Amundson Road. The developer is requesting a variance
specifically to the Amundson Road improvements. He is willing to escrow the
funds needed for the improvements along Crane Road. She explained that the
required screening wall would be located on the south side of the detention
pond.
She stated that staff recommends approval of PS 98-43, subject to the
engineer's comments that abandoned easements are noted on the plat, access
to Lot 17, Block 5 is decided, utility easements are provided along the rear of all
lots, drainage easements are provided, a separate signed Maintenance
Agreement prior to final acceptance of the public civil improvements, all streets
are labeled as ROW on the plat, and the required screening wall is provided.
Also, consideration should be given to granting a variance to the Perimeter
Street Paving Ordinance specifically on Amundson Road.
Delbert Stembridge, Stembridge & Associates, presented this request. He
stated they are in agreement with all of the engineer's comments, and most of
the corrections have already been made on the plat. He stated that because
Amundson Road will not be accessible from this development, and because the
construction of the required detention pond will be costly, they are requesting a
waiver of the Perimeter Street Paving along Amundson Road. He stated that
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construction plans have already been prepared for Crane Road and those funds
will be escrowed.
Chairman Davis stated the Commission had some concern as to the
maintenance of this detention pond.
Mr. Stembridge stated that issue would be resolved prior to the plat going to the
City Council on May 10. The detention pond will not be fenced; it will be an open
area with shallow slopes for accessible mowing.
Chairman Davis stated that his understanding of detention ponds were only to
hold water during peak periods.
Mr. Stembridge explained that in theory, the most intense part of a storm is the
very beginning. This will detain that early, heavy volume of water until the storm
passes and it is then released at a slower rate that wouldn't overload the existing
pipe. He explained that most of the time the detention pond will probably be dry.
Mr. Barfield asked if this property will belong to the City and Chairman Davis
stated that it had been dedicated as a drainage easement.
Mr. Stembridge stated that ultimately it will belong to the developer or a
homeowners association, but will be dedicated as a drainage easement. The
mowing and upkeep of the proposed detention pond has not been decided, but
they believe it will be up to a Homeowners Association.
Chairman Davis believes that if the detention pond were inside the development,
it would be the developers responsibility. However, this pond is outside the
development and possibly won't be needed once Amundson Road is improved.
Mr. Blue asked how the water would be channeled into the detention pond.
Mr. Stembridge stated they would have flumes to reduce erosion that would
dump directly into the pond itself, explaining that the lots that back up to the
detention pond will be graded normally, but sloped to the back. The screening
wall will be designed accordingly, allowing the water to drain out of the yards and
into the pond.
Mr. Lueck believes maintenance of the pond needs to be established now.
Chairman Davis believes that if the City takes it as an easement, the City should
maintain it. He believes the area has potential as a nice, open green area.
Mr. Lueck was concerned about the City imposing a requirement on a developer
that could actually end up an eyesore.
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Mr. Kevin Miller, Assistant Director of Public Works, stated that the City did not
ask for a detention pond. Public Works requested the developer to verify
downstream calculations. With their hydrologist, it was determined that the
downstream pipes could not handle the water, without getting beyond the ROW's
downstream, which doesn't meet current criteria. The alternative to putting in
additional pipes downstream is a detention pond. Additionally, Mr. Miller stated
that the City does not want to own or maintain this detention pond. There are a
few detention ponds in the City, all of which are privately maintained and owned.
Responding to a question, Mr. Miller stated he isn't aware of any detention
ponds adjacent to a roadway, most detention ponds are an internal part of the
development.
Mr. Barfield suggested the possibility of making this a detention / retention pond,
moving the masonry wall back to Amundson Road, and making the pond an
internal part of the development. Detention / retention ponds are deeper,
therefore holding water all the time.
Mr. Lueck was more in favor of an internal lake.
Mr. Miller stated that Retention Ponds ultimately require more maintenance as a
negative but, if well maintained, can be an amenity to development.
Bill Fenimore, developer, stated that this plat was originally submitted in June of
1998; six months later it was determined that because of the Oak Hills Addition,
new drainage issues existed. He was instructed to obtain a hydrologist to
address these drainage issues. The next stumbling block they encountered was
the downstream problem - DART. DART is not willing to accept the runoff. The
end result became the creation of the detention pond. Public Works originally
requested 7 lots for the detention pond. They have gotten it down to 4 lots. He
explained that is why they are requesting a waiver to the improvements along
Amundson Road. At one time the main entry to this development was from
Amundson; however, because of the drainage issues, he has totally lost all
access to the road. He doesn't believe it is fair to make him pay for
improvements to a road that his development has no access to. He stated it is
his intention to have a homeowners association that will be required to maintain
the pond.
Mr. Barfield asked Mr. Fenimore if he would be willing to construct the masonry
wall along Amundson Road, put in a Detention / Retention Pond and give the
responsibility of the maintenance of the "lake" to the homeowners association.
Mr. Fenimore stated if it can be engineered and staff likes it - he'd do it.
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Mr. Lueck doesn't feel that this development should pay for any improvements to
Amundson Road; however, he is concerned with whom and how the pond will be
maintained, and how it will look when it's empty in the heat of the summer.
Chairman Davis stated that this item really has two different considerations to it.
The first being maintenance of the detention pond; this can be a separate vote if
need be. Secondly, consideration needs to be given to the waiving of the
improvements on Amundson Road.
Chairman Davis stated if the plat was approved subject to the engineer's
comments, some recommendation should be made on who should maintain the
detention pond and also if there should be any assessment on Amundson Road.
Chairman Davis stated that as far as future development in the area, either
construction of additional storm drains will be required through Oak Hills Addition
or they will have to keep the detention pond. If funds are available, landscaping,
picnic tables and open green area could be a positive result of the pond, stating
that the key is to detain water, keep the area from flooding and keep it mowed.
Mr. Nehring asked if it was a Detention / Retention Pond, would the developer
want it inside the development.
Much discussion ensued regarding the pros and cons of the pond and it's
location.
Mr. Blue asked if the City had ever waived street improvements for a developer
in the past.
Chairman Davis stated that he wasn't aware of any; however, he had never seen
a case where the City required a detention pond to take off 130' of someone's
property adjacent to a road.
Mr. Lueck moved to approve PS 98-43 subject to the engineer's comments
with the exception that the street improvement fees are waived for
Amundson Road.
Mr. Bañield seconded the motion.
The motion carried with a vote of 6 - 1. Mr. Blue was opposed to this
motion.
Mr. Barfield moved that the screening wall be located along Amundson
Road at an elevation that would be adequate for the future widening of
Amundson Road, and that the drainage area be added to the lots backing
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up to this area, so the property lines would go right out into the drainage
area and that would be considered as any other floodway.
The motion dies for the lack of a second.
Mr. Lueck stated for the records that his opposition to that motion was that those
lots would really be unusual.
Mr. Barfield stated if they can't be given to the Homeowners Association, it's no
man's land, so why not give it to the lots that abut it.
Chairman Davis stated they could give it to the City. He stated that if the
screening wall is built as planned, along the rear of those lots, then a motion
would be in order that the City maintain it and own it.
Mr. Barfield stated he agreed, but if not, the wall should be constructed at
Amundson Road and the pond be added to the lots backing up to it.
Chairman Davis reiterated that motion died for lack of a second and asked if
there was another motion regarding a recommendation on the detention pond.
Mr. Bowen made the motion that the maintenance of the drainage
easement be put upon a homeowners association. Mr. Blue seconded the
motion.
Mr. Lueck asked if a homeowners association exists. He was advised that no,
not today - however, one could be established.
Mr. Barfield asked where the screening wall would be built.
Mr. Bowen and Chairman Davis stated that it would be constructed where
originally proposed, behind the lots.
Mr. Nehring asked why you would make a homeowners association responsible
for the maintenance of a pond that is not within their development.
Chairman Davis stated that it is very possible that City would need the property
in the future, when Amundson Road develops.
Chairman Davis reiterated the motion that a homeowners association be
required to maintain the drainage easement used as a detention pond. There
was a second to the motion and called for a vote.
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The motion failed with a vote of 5 - 2. Messrs. Davis, Nehring, Barfield and
Lueck were opposed to the motion. Messrs. Bowen and Blue were in favor
of it.
Chairman Davis stated he would ask for one last motion.
Mr. Barfield recommended sending the plat forward to the Council with a
recommendation that staff work with the homeowner and decide where the
maintenance falls.
Chairman Davis stated that if the Commission does nothing what will happen. He
stated that he feels STRONGL Ythat because the City is requiring a detention
pond, and because its adjacent to a roadway, and because it is going to be
outside the subdivision, there is someway the City can make use of that area,
such as a green belt, and possibly use the area in the future as continued
detention when Amundson Road is built. He would like to see the City own and
maintain it because it may be needed someday.
Mr. Barfield stated he would make that motion, that the City maintain and
own the detention pond.
Mr. Nehring seconded the motion and it carried with a vote of 6 - 1. Mr.
Blue was opposed.
Page 7 4/22/99
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5.
PS 99-10
REQUEST OF MICHAEL CLARK FOR AN AMENDED FINAL PLAT OF LOPTS
1R1, 2R1 AND 3R -7 R, BLOCK 4, BRENTWOOD ESTATES ADDITION.
(LOCATED IN THE SOUTHWEST CORNER OF DAVIS BOULEVARD AND
NORTH TARRANT PARKWAY - ALBERTSON'S - 8300 BLOCK OF DAVIS
BOULEVARD)
APPROVED
Ms. Ratcliff explained that this is an amendment to an approved replat. The
applicant is changing lot lines. The total acreage is not changing, nor is the
number of lots changing. The property is zoned C1-Commercial. She covered
the outstanding issues with this property, stating that a notarized letter of
permission accepting the grade to drain has not been received yet.
She stated that staff recommends approval of PS 99-10, subject to the
engineer's comments that any additional utility easements required will be
provided, submission of a notarized letter of permission from the offsite property
owner to the west accepting the grade to drain shown on the construction plans,
and submission of signed offsite easements.
John York, Regency Realty, 8140 Walnut Hill Lane, Dallas, stated that he is the
developer of this project. He explained that this is merely internal lot lines being
modified at the request of Albertson's. Agreements have been made with Mr.
Long for the required letter of permission and easements downstream.
Mr. Nehring, seconded by Mr. Blue, moved to approve PS 99-10, subject to
engineer's comments. The motion carried unanimously.
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6.
PZ 99-06
PUBLIC HEARING TO CONSIDER THE REQUEST OF ALAN NEWLAND FOR
A ZONING CHANGE AND SITE PLAN APPROVAL ON LOT 5, BLOCK D,
RICHLAND OAKS ADDITION FROM R1-RESIDENTIAL TO LR-LOCAL
RETAIL. (LOCATED AT 4909 STRUMMER DRIVE)
APPROVED
Ms. Ratcliff explained that this lot contains 22,389 square feet and is currently
zoned residentially. The applicant is requesting a zoning change to Local Retail
and also asking for site plan approval since the property is within 200' of
residentially zoned property. A house currently exists on this property and
contains about 2600 square feet. Ms. Ratcliff further explained the properties to
the north, south and west are currently zoned R-1, Single Family and is
designated as low density residential on the Land Use Assumption Map.
Ms. Ratcliff stated that ample parking has been provided. Only one driveway
entrance is proposed, and the applicant has been informed that future
development would be strongly encouraged to use shared access, eliminating as
many drive cuts as possible. Feature landscaping is proposed for the front and
rear. Fifty percent of the lot will be landscaped; with the majority of this
landscaping in the rear yard. The applicant is providing a 6' masonry fence at
the rear, along the west side and two wooden fences on the north and south
sides. The applicant will be requesting variances to the landscape regulations
because he is only providing a 5' landscape strip along Strummer. Ten feet are
required by ordinance, however, based on the depth of the front yard and
parking, they are unable to provide that. Four 2-inch caliper live oak trees are
proposed along the front with hedges to screen the parking. He is also
proposing photina's along the rear.
She stated that staff recommends the Commission consider approval of PZ 99-
06 as submitted with a condition that a fire hydrant be added at the developers
expense if rezoned. She stated that a fire hydrant is located across the street
but because the street width is greater than 40', the design manual requires
additional fire hydrants for commercial development.
Chairman Davis asked why staff would require a fire hydrant as part of a zoning
issue.
Ms. Ratcliff stated that the use of the property would change on the property and
to provide adequate fire protection, according to the Subdivision Regulations.
Chairman Davis stated that he doesn't believe this is an appropriate
recommendation from staff.
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Ms. Ratcliff stated that one letter of approval had been received and the
Commissioners were given a copy of the letter earlier.
Chairman Davis stated that a letter of support had been received from Elroy
Pavlovich at 4904 EI Dorado.
The public hearing was opened and the applicant was asked to come forward.
Mr. Steve Smith, contractor for the project presented this request. He explained
that he has 5 different listings from local realtors showing this area as easy to
rezone commercially.
Responding to a question, Mr. Smith stated the proposed use is a Stationary
Shop and office building. He stated that most of the company's sales are
distribution, through mail order or local carriers. Mr. Smith stated that the lots
advertised as easy to rezone included 5009 Strummer, 4913 Strummer, 4909
Strummer, 4901 Strummer and 4809 Strummer.
Chairman Davis asked if they would consider an office type zoning, since they do
not propose walk in customers.
Alan Newland, applicant, 1117-A Bedford Road, Bedford TX, stated that the
ultimate goal is for brides, etc. to be able to come in and order invitations.
Currently the facility they are in is not designed for that. He stated that he has
been in business for 13 years.
Chairman Davis stated that when the original property on the corner was
rezoned, the Commission forsaw the area as a potential office, commercial type
buffer area. He stated that the residents were encouraged to bring requests
back 3 or 4 lots at a time rather than one lot at a time.
Chairman Davis called for additional proponents.
Mr. Doug Gilliland, owner of 4901 Strummer, was in favor of this request. He
stated that anyone familiar with the area knows the character of the community
has changed dramatically over the last 5 years. He stated that Strummer, which
has increased to a five-lane road, carries the majority of the traffic between
Bedford-Euless Road and Grapevine Highway, and services a tremendous
amount of retail usage. He explained that residential values no longer exist. He
has been trying to sell his property for 4 years residentially and unsuccessfully.
Additionally, he has had a tremendous amount of commercial prospects, but
none willing to carry forward a zoning change request. He encourages the P&Z
to approve this request and believes once this process begins, it will accelerate
and within the next couple of years, the transition will be complete.
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Seeing no additional proponents, and no opponents, the public hearing was
closed.
Mr. Nehring asked if common drives would be provided between the lots as laid
out currently.
Ms. Ratcliff stated that since this lot is the first to be requested to be rezoned to
commercial, it probably wouldn't have a common drive. However, future
applicants will be encouraged to have shared access.
Mr. Bowen suggested the existing curb cut be relocated to accommodate
another lot. He believes this is an appropriate change for the area but would
prefer to see multiple lots developed together; he also wants to see shared
access.
Chairman Davis stated that since this application requires site plan approval, the
Commission has the ability to require an access easement to the north and to
the south.
Discussion of possibilities continued regarding drive cuts and Ms. Ratcliff stated
that based upon the Commissions comments that would be recorded in the
minutes, staff would be able to address these issues with future applicants.
Chairman Davis stated that the Commission could require the applicant dedicate
an access easement for future use.
Mr. Smith stated that they originally designed the drive on the south side,
however, Mr. Newland is in the process of purchasing the lot just north of his as
well.
Chairman Davis asked if the applicant would be willing to table this request, and
take the time to visit with the neighbor to the south about shared access for
those two lots as well. He stated that the site plan could show a common
entrance being shared on the north property line and only half would be built
immediately.
Mr. Barfield stated that past policy has required double driveways, allowing a
landscaped median for monument signage, prohibiting building signs.
Mr. Smith asked if the Commission wants them to move the entire approach, or
enlarge the existing approach.
The Commission stated that the resident to the south is willing to commit to
shared access tonight and would like to postpone this case until a later meeting.
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Mr. Newland stated they are on a time line for closing of the property and he has
already gotten an extension. If this case is postponed, he will most likely loose
the deal because the seller was reluctant to grant one extension. He feels
certain they won't grant another one.
Mr. Barfield stated the Commission could approve the rezoning of the case and
table site plan approval. He stated he has no problem with the rezoning,
however, he does with the site plan.
Much discussion ensued regarding existing and proposed curb cuts with
Chairman Davis stating that he doesn't like the site plan as drawn.
Ms. Ratcliff stated that two different actions could be taken. The zoning can be
approved immediately and the site plan tabled until the next meeting.
Mr. Newland asked if the site plan showed a common drive to the north that was
wide enough to service both lots would be adequate. Chairman Davis stated
yes, and that the existing driveway on the north side of the lot should be closed.
Mr. Newland stated that his offer has been accepted on the lot to the north, so
he will widen the drive and share access for both lots.
Chairman Davis asked if the applicant would have a problem extending the turn
around area on the south end of this lot, to allow the property to the south
common access. Mr. Newland stated he would be glad to accommodate that
request.
Chairman Davis asked that the applicant give some consideration to a common
access to the south property.
Mr. Barfield stated again that he would like to see monument signs dividing the
entry and minimal or no building signage.
Chairman Davis stated that the public hearing was closed and explained that it is
allowable to recommend approval of the rezoning request to the Council and
table site plan approval until further review, taking into consideration that it is the
Commissions desire for a curb cut to be moved to allow common usage amongst
adjacent lots.
Mr. Barfield stated that no consideration had been given to making a common
access to the south.
Ms. Ratcliff suggested the Commission vote on a recommendation for the
rezoning first, and then entertain a second motion for site plan approval.
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Mr. Lueck moved to approve the rezoning request on PZ 99-06 with Mr.
Laubacher seconding the motion. The motion carried unanimously.
Mr. Lueck moved to table the site plan for further review, and encouraged
the applicant to use common drive entrances and to have cross access
easements to adjacent lots. Mr. Nehring seconded the motion and it
carried unanimously.
Chairman Davis reiterated that no building signs would be allowed.
Page 13 4/22/99
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7.
PZ 99-07
PUBLIC HEARING TO CONSIDER THE REQUEST OF TERRY BROWNING
OF CABLE ELECTRIC, INC. FOR A SPECIAL USE PERMIT TO ALLOW A
CONTRACTORS OFFICE WITH SHOP INA C2-COMMERCIAL ZONING
DISTRICT ON LOT 5, BLOCK 2, J.M. ESTES ADDITION. (LOCATED AT 3716
RUFE SNOW DRIVE)
APPROVED
Ms. Ratcliff gave an overview of the case, explaining that this is an existing
building containing 4,914 square feet. A future addition is proposed at the rear
and will contain 3500 square feet. Screened outside storage is proposed at the
rear of the building and will contain approximately 1650 square feet for electrical
piping and devices. Two driveways currently exist with 26 off-street parking
spaces. Feature landscaping will be added to this existing development,
although none will be required until time of the addition.
Ms. Ratcliff stated that staff recommends approval of PZ 99-07 as submitted
provided that prior to any future expansion a fire hydrant is added and water
meters located on the two-inch water line at the rear be moved, at the
developers expense.
Chairman Davis opened the public hearing and asked the applicant to come
forward.
Terry Cunningham, explaining that he is Mr. Browning's architect, presented this
request. He stated the property would be used for an electrical contractor office
and plans on using the property as is for the time being. Any proposed additions
would be in the future. Mr. Cunningham stated that fencing exists currently
along the east side of the property. Additional chain link fencing with slatted
screening will be installed along the Rufe Snow side for security.
Staff received written concern from the property owner to the south over the
fencing proposed for the storage area. Mr. Cunningham stated that Mr.
Browning has agreed to install a galvanized fence with wood panels on the south
property line to appease this concern.
Mr. Terry Browning, applicant, also spoke in favor of this request. He stated that
the outside storage would be minimal, and would prefer to only install a stockade
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fence on the south side. He stated the chain link that he will be installing will be
institutional grade and will have slats in it and is willing to go to 8' in height.
Seeing no additional proponents, and no opponents, the public hearing was
closed.
Chairman Davis read Dr. Phillip Abbott's letter of concern for the record, which
stressed concern over the screening of the storage area. Dr. Abbott requested a
stockade fence in lieu of chain link fencing.
Mr. Barfield, seconded by Mr. Lueck, moved to approve PZ 99-07 subject to
the chain link fence being of institutional grade and 6' in height and a
stockade fence with galvanized steel posts installed on the south property
line. The motion carried unanimously.
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8.
PZ 99-09
REQUEST OF FRED WILLIAMS FOR SITE PLAN APPROVAL FOR
COMMERCIAL DEVELOPMENT WITHIN 200' OF RESIDENTIALLY ZONED
PROPERTY ON LOT 4, BLOCK 1, NOB HILL NORTH ADDITION. (LOCATED
AT 8280 HUNTINGTON SQUARE)
APPROVED
Ms. Ratcliff explained that site plan approval is required for this lot because it is
within 200' of residentially zoned property. She explained that this will be a
4,015 square foot office building on this triangular shaped lot. Huntington
Square is a private drive and the property is zoned 01-0ffice. The applicant will
be applying for variances to the landscape regulations. Thirty-eight percent of
the total lot will be landscaped and the applicant has made a significant effort to
save existing post oak trees on this lot.
Fred Williams, builder for the proposed tenant, presented this request. He
explained that this is the future site of a CPA's office. The building has been
designed to accenuate the lot with the existing trees and buildings in the area.
Mr. Bowen, seconded by Mr. Laubacher, moved to approve PZ 99-09. The
motion carried unanimously.
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9.
PZ 99-10
REQUEST OF STEVE STALLARD FOR SITE PLAN APPROVAL FOR
COMMERCIAL DEVELOPMENT WITHIN 200' OF RESIDENTIALLY ZONED
PROPERTY ON LOT 6, BLOCK 1, NOB HILL NORTH ADDITION. (LOCATED
AT 9289 HUNTINGTON SQUARE)
APPROVED
Ms. Ratcliff summarized this case by stating that the applicant is proposing a
5,550 square foot office building on a 25,150 square foot lot. The property is
zoned 01-0ffice and is within 200' of residentially zoned property. This lot fronts
on Amundson Road, but will not have access to the property from Amundson.
All access will be from Huntington Square, which is a private street. The
applicant is providing 20 parking spaces; 19 are required. The applicant will be
applying for a variance to the required landscaping, because of the depth of this
lot and the first 45' are Huntington Square, he is unable to meet the 10'
landscaping requirement along Amundson Road; five feet will be provided.
Eighteen percent of the total lot area will be landscaped.
Steve Stallard, applicant, presented his request stating that he would answer any
questions the Commission may have. He stated that in order to preserve as
many of the large post oak trees as possible, they would be requesting a
variance to the landscaping regulations.
Mr. Bowen, seconded by Mr. Blue, moved to approve PZ 99-10 and the
motion carried unanimously.
Page 17 4/22/99
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10.
DISCUSSION ITEM
REQUEST OF GENE HUGGINS TO AMEND THE ZONING ORDINANCE TO
ALLOW PARKING LOTS AS A PERMITTED USE IN EXISTING COMMERCIAL
AND RETAIL DISTRICTS.
Chairman Davis stated that the Commissioners had a copy of Mr. Huggins letter
requesting this amendment, and asked Ms. Ratcliff for a brief overview.
Ms. Ratcliff explained that Mr. Huggins has formally requested the Commission
consider amending the Table of Permitted Uses in the Zoning Ordinance to allow
parking lots, by right, in commercial zoning districts. Currently off-street parking
lots are considered an accessory use to a principle use. Accessory uses are
required to be located on the same lot as the principle use. She explained that
Mr. Huggins has some special concerns because of a specific lot he owns that is
zoned LR-Local Retail. He would like to utilize this small lot as parking for his
employees.
Ms. Ratcliff explained that amending the ordinance to allow parking lots is a
matter of right across the board in all commercial districts, and serious
consideration should be given to the impact a change like this could have. She
explained that if the Commission so desired, each case could be looked at
individually as a Special Use Permit in certain districts.
Staff requests direction from the Commissioners regarding this request.
Chairman Davis read the staff recommendation from the coversheet in their
packet, which stated that the Commission not consider allowing parking lots as a
permitted principal use in any district and then asked Mr. Huggins if he had any
additional comments.
Gene Huggins, 6632 Diamond Ridge Road, presented his request. He stated
that he wants to utilize his small piece of land as employee parking. No display
or car storage would take place on this lot. He showed pictures of the lot
presently; stating that it has been in that shape for some time.
Chairman Davis asked for comments from the Commissioners.
Mr. Barfield stated that if approved, he would only consider it as a Specific Use
on a case by case basis and the consensus of the Commission agreed.
Chairman Davis asked if there was a motion to direct staff to schedule a public
hearing to amend Section 310, Table of Permitted Uses, to allow parking lots in
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C1-Commercial, C2-Commercial zoning districts as well as the industrial districts
and to be applied for as a Specific Use Permit.
Ms. Ratcliff stated that Mr. Huggins lot is zoned LR-Local Retail, and Chairman
Davis stated that he would have to change the zoning and apply for a SUP.
Mr. Barfield stated that he has no problem turning Mr. Huggins lot into a parking
lot provided it meets all the criteria the City is looking for. He would like nice
landscaping with proper fencing and lighting to dress the lot up, stating that a
masonry screening wall would be required along the north property line.
Mr. Blue, seconded by Mr. Bowen, made the motion to direct staff to
schedule a public hearing to amend Section 310, Table of Permitted Uses,
on C1, C2, 11 & 12 to allow, by Special Use Permit only, accessory parking
lots. The motion carried unanimously.
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11.
STAFF COMMENTS
There were none.
12.
CITIZEN COMMENTS
There were none.
13.
ADJOURNMENT
Having no additional business to conduct, the meeting adjourned at 8:45 p.m.
Ri::~:=~~~
Ted Nehring, Jr., Secr
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