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HomeMy WebLinkAboutPZ 1999-11-11 Minutes Draft Copy MINUTES OF THE PRE-SESSION MEETING OF THE PLANNING & ZONING COMMISSION OF THE CITY OF NORTH RICHLAND HILLS, TEXAS NOVEMBER 11,1999 - 6:15 PM The meeting was called to order by Chairman Don Bowen at 6:15 PM. PRESENT Chairman Don Bowen Doug Blue Richard Davis James Laubacher Tim Welch Ron Lueck ABSENT Joe Tolbert Ted Nehring CITY STAFF Planning Director Planner Recording Secy Parks Director Asst Parks Dir PW Director Asst PW Dir Marcy Ratcliff Mark Johnson Valerie Taylor Jim Browne Bill Thornton Greg Dickens Kevin Miller Staff presented a brief summary of the following cases: PS 99-19 Preliminary Plat of Lots 1 & 2, Block 1, Gibson Addition PS 99-22 Replat of Lots 1 R, 2R, 3 & 4, block 34, Fox Hollow Addition PS 99-31 Replat of Lots 3D and 4A, Block 3, Woodbert Addition PZ 99-33 Special Use Permit Request for D&G Specialties PZ 99-35 Site Plan Review of Lots 5R1 & 27R 1, Block 4, Richland Terrace Addition PZ 99-36 Zoning Ordinance Amendment to Consider Park Land Dedication The Commission after a few brief questions on each item closed the Pre-Session Meeting and retired to the City Council Chambers to begin the Regular Meeting. P & Z Minutes November 11, 1999 Draft Copy MINUTES OF THE REGULAR MEETING OF THE PLANNING & ZONING COMMISSION OF THE CITY OF NORTH RICHLAND HILLS, TEXAS NOVEMBER 11, 1999 - 7:00 PM 1. CALL TO ORDER The meeting was called to order by Chairman Don Bowen at 7:00 PM. 2. ROLL CALL PRESENT Chairman Don Bowen Doug Blue Richard Davis James Laubacher Tim Welch Ron Lueck ABSENT Joe Tolbert Ted Nehring CITY STAFF Planning Director Planner Recording Secy Parks Director Asst Parks Dir PW Director Asst PW Dir Marcy Ratcliff Mark Johnson Valerie Taylor Jim Browne Bill Thornton Greg Dickens Kevin Miller 3. CONSIDERATION OF THE MINUTES OF THE OCTOBER 14,1999 MEETING. APPROVED Mr. Blue, seconded by Mr. Lueck, moved to approve the minutes of October 14, 1999. The motion carried unanimously. 4. CONSIDERATION OF THE MINUTES OF THE OCTOBER 26, 1999 MEETING. APPROVED Mr. Welch, seconded by Mr. Laubacher, moved to approve the minutes of October 26, 1999. The motion carried unanimously. P & Z Minutes November 11, 1999 2 Draft Copy 5. PS 99-19 CONSIDER THE REQUEST OF D & G SPECIALITIES INC., FOR A PRELIMINARY PLAT TO BE KNOWN AS LOTS 1 & 2, BLOCK 1, GIBSON ADDITION. THIS PROPERTY IS LOCATED IN THE NORTHEAST CORNER OF PRECINCT LINE ROAD AND DAVIS BOULEVARD. APPROVED Jim Makens is proposing to preliminary plat two lots, containing 3.75 acres and zoned "C-1" Commercial. The subject property is located at the northeast corner of Precinct Line Road and Davis Boulevard. Lot 1 , the corner lot is proposed to contain 1.25 acres. A SUP (PZ 99-33) for a convenience store has been submitted. Lot 2, the remaining portion of the property, contains 2.05 acres. No development is proposed on Lot 2 at this time. The applicant has made the necessary revisions to the plat per the Public Works memo dated October 21, 1999. The remaining comments noted by Public Works concern requirements for submitting the final plat at a later date, engineering and the construction plans and are not associated with the plat. Staff recommends the Planning and Zoning Commission approve the preliminary plat of Lots 1 and 2, Block 1, Gibson Addition with the engineering comments as noted by the Public Works memo dated October 20, 1999. Mr. Davis, seconded by Mr. Blue, moved to approve PS 99-19 subject to engineer's comments and an access easement to adjacent lot being shown. The motion carried unanimously. P & Z Minutes November 11, 1999 3 Draft Copy 6. PS 99-22 CONSIDER THE REQUEST OF OWEN D LONG FOR A REPLAT OF LOL TS 1 R, 2R, 3 & 4, BLOLCK 34, FOX HOLLOLW ADDITION. THIS PROPERTY IS LOCATED AT THE NORTHEAST INTERSECGTION OF HOLIDAY LANE AND MID-CITIES BOULEVARD. APPROVED Ms. Ratcliff explained that Owen D. Long has submitted a Replat on Lots 1 R, 2R, 3, and 4, Block 34, Fox Hollow Addition, which contains 5.3 acres. The proposed Replat is located at the northeast intersection of Holiday Lane and Mid-Cities Boulevard. The property is zoned C-1, Commercial and is designated Commercial by the Comprehensive Land Use Plan. The following outstanding issue associated with this plat: 1. ROW DEDICATION Holiday Lane is a designated C4U on the Master Thoroughfare Plan. The designation requires a 68-foot ultimate right-of- way. From the centerline, the ultimate ROW requirement is 34 feet. Holiday lane is currently constructed at 24.5 feet. The distance shown on the proposed plat from the back of curb to the ROW line is 5.5 feet, 9.5 feet is required. (See the attached memo from Kevin Miller, Assistant Public Works Director.) The applicant is requesting a waiver from this requirement and proposes to provide a five-foot utility and sidewalk easement in lieu of the additional four-foot of ROW. Staff recommends approval of the Replat of Lots 1 R, 2R, 3 and 4, Block 34, Fox Hollow Addition with the following provided an additional four-foot of ROW for Holiday Lane be provided on the Plat prior to proceeding to City Council. Mr. Welch, seconded by Mr. Davis, moved to approve PS 99-22 subject to engineer's comments, waiving the 4 foot right of way dedication along Holiday Lane and allowing a sidewalk easement. The motion carried unanimously. P & Z Minutes November 11, 1999 4 Draft Copy 7. PS 99-31 PUBLIC HEARING TO CONSIDER THE REQUEST OF BILLIE & MARIE MELBOURN TO REPLAT LOTS 3D & 4A, BLOOCK 3, WOODBERT ADDITION. THIS PROPERTY IS LOCATED AT 8224 SAYERS LANE. APPROVED Billie and Marie Melbourne are requesting to replat Lots 3D and 4A, Block 3, Woodbert Addition into one lot containing 27,814 square feet. The subject property is zoned "R-3" Single Family Residential, which requires a minimum lot size of 7 ,500 square feet. The applicant has made the necessary revisions to the plat per the Public Works memo dated October 21, 1999. The remaining comments noted by Public Works concern engineering and the construction plans and are not associated with the plat. The outstanding issues associated with this plat include the following: 1. Sidewalks Subdivision Regulations require sidewalks adjacent to all public streets. The owner has requested a waiver to providing a sidewalk, because there are no sidewalks in the area. Staff would recommend a condition of approval include signing a covenant agreeing to pay for construction costs for the sidewalk in the future prior to the plat being filed. 2. Street Liahtina Street Lighting is required by Section 1-06 of the Design Manual. Where a block is 600 feet or longer, at streetlight shall be installed every 600 feet or mid-block whichever is the shortest distance. The owner has requested a waiver to the street light requirements. Staff recommends denying this request. Staff recommends approval of the Replat of Lot 3DR, Block 3, Woodbert Addition with the following conditions: · A condition of approval shall include signing a covenant agreeing to pay for construction costs for the sidewalk in the future prior to the plat being filed. . Denying the request to waive the Street Lighting requirements of the Design Manual. Chairman Bowen opened the public hearing and asked for proponents. Mr. Doug Long, engineer, presented request, explaining that a street light may already exist. He believes the surveyor might have overlooked it. He asked the Commissioners to give him until the City Council meeting to find out for sure whether a street light exists. P & Z Minutes November 11, 1999 5 Draft Copy Marie Melbourn was also a proponent in the case stating that no other sidewalks exists in this neighborhood and that is why they are requesting a waiver to this request. Seeing no additional proponents, and no opponents, the public hearing was closed. Mr. Davis, seconded by Mr. Lueck, moved to approve PS 99-31, subject to engineers comments, allowing a covenant for the sidewalks and stating that they would not waive the street light requirement; but allow the applicant to go forward if it is decided that a light is located within 600'. The motion carried unanimously. P & Z Minutes November 11, 1999 6 Draft Copy 8. PZ 99-33 PUBLIC HEARING TO CONSIDER THE REQUEST OF D & G SPOECALlTIES INC, FOR A SPECIAL USE PERMIT TO ALLOW A CONVENIENCE STOR43E AND CAR WASH ON PROPERTY TO BE KNOWN AS LOTS 1 & 2K, BLOCK 1, GIBSON ADDITION. THIS PROPERTY IS LOCATED ASTG THE NORTHEAST CORNER OF DAVIS BLVD & PRECINCT LINE ROAD. APPROVED D & G Specialties Inc. is requesting a Specific Use Permit (SUP) for a convenience store and car wash on proposed Lot 1, Block 1, Gibson Addition. The subject property and the surrounding properties are zoned "C-1" Commercial. The proposed convenience store/car wash will be located on a lot containing 1.252 acres. The building is proposed to contain 4,334 square feet. The site plan shows 29 off-street parking spaces are being provided when only 18 spaces are required. The applicant landscape plan shows over 16% of the total lot is devoted to landscaping. Staff recommends the Planning and Zoning Commission approve PZ 99-33 for a Specific Use Permit for convenience store with a car wash on proposed Lot 1, Block 1 , Gibson Addition at the northeast corner of Davis Boulevard and Precinct Line Road. Chairman Bowen opened the public hearing and asked for proponents. Fred Ballinger, architect for the project presented his request. He showed exterior elevations of an existing facility on Denton Highway in Watauga, which are similar to the proposed facility in NRH. Seeing no additional proponents and no opponents, the public hearing was closed. Mr. Blue, seconded by Mr. Welch, moved to approve PZ 99-33. The motion carried unanimously. P & Z Minutes November 11, 1999 7 Draft Copy 9. PZ 99-35 CONSIDER THE SITE PLAN REVIEW OF HUGGINS HONDA FOR LOTS 5R1 & 27R1, BLOCK 4, RICH LAND TERRACE ADDITION AND ZONED LOCAL RETAIL. THIS PROPERTY IS LOCATED AT 7651 NE LOOP 820 AND 4701 NANCY LANE. APPROVED Ms. Ratcliff explained that Huggins Honda has requested site plan approval on two lots, which are remaining portions left after ROW for the widening of Loop 820. The applicant would like to use the lots for non-required accessory off- street parking. Twenty-two parking spaces would be provided with a one-way driving lane. An entrance to the parking lot is from an existing driveway on Susan Lee Lane; an exit from the parking lot is from an existing drive on the frontage road of Loop 820. Ms. Ratcliff explained that one November 8, 1999, the City Council granted variances to the landscape ordinance for this proposed parking lot. Staff recommends approval of PZ 99-35 contingent upon a 6' wooden fence along the northern property line being replaced. Ms. Ratcliff responded to a question, stating that while current ordinances require a masonry-screening wall between the proposed parking lot and the existing single family neighborhood, the City Council at the November 8, 1999 meeting had approved the replacement of a 6' wooden fence, which currently exists. She explained that the Commission has the ability to recommend differently. This case will be heard before the City Council in December. Ron Huggins, applicant, presented his request explaining that he believes the City Coucil approved a wooden fence in lieu of a masonry screening fence because of the limited use of the property and due to the cost difference. He explained that he plans on making drastic visual improvements to the property. Mike Wilson, 4805 Susan Lee Lane, stated that while he wasn't opposed to the use of the property as employee parking, he has several areas of concern, which consisted of: \I Overnight parking of semi-trucks \I the proposed drive approach on Susan Lee Lane \I an existing un-used pole on the property \I existing pipelines on the property \I the need for wheel stops at each parking space to protect the replaced wooden fence from damage. P & Z Minutes November 11, 1999 8 Draft Copy Additional opponents in this case were: Starline Autry, 4800 Susan Lee Lane Mr. Wakoster, 4808 Susan Lee Lane Mr. Ricky Vinson, 4709 Deville, stated that while he isn't a resident in this neighborhood, he previously lived around Payton-Wright Ford in Grapevine and after seeing this case on Citi-Cable Monday night felt compelled to speak on behalf of the surrounding, existing neighbors. He cited increased lighting, noise & property devaluation. Mr. Huggins stated that lights was a consideration in the planning of the proposed parking lot; explaining that they were trying to take into consideration the impact of the neighbors while still putting employee safety in place, explaining that he is willing to soften the lights towards the neighbors as well as keep a safety lighting feature for employees. Mr. Davis, seconded by Mr. Lueck, moved to approve PZ 99-35 subject to: A "No Overnight Parking Sign" If requested, an employee only sign is allowed, not to exceed 6 square feet Wheel stops required on all spaces Allow 3 light poles that are to be no taller than 12' with illumination to not extend beyond the property line on the north; and, The existing pole is removed. The motion carried with a vote of 5 - 1. Messrs. Bowen, Blue, Davis, Welch & Lueck were in favor of the motion. Mr. Laubacher was opposed. P & Z Minutes November 11, 1999 9 Draft Copy 10. PZ 99-36 PUBLIC HEARING TO CONSIDER AMENDING ZONING ORDINANCE NO. 1874 TO ADD ARTICLE 12, PARKLAND DEDICATION REQUIRMENTS. DENIED. The City Council, at their July Budget Retreat, discussed the potential for evaluating and implementing a Parkland Dedication Ordinance. In response, staff prepared a survey and collected ordinances from area cities that have adopted parkland dedication or impact fee ordinances. The City Council, at their August 27, 1999 meeting, reviewed the survey data and a summary of ordinances. The Council concurred with developing a draft ordinance that was not just based on impact fees, but required the dedication of land with the choice of implementing impact fees. The Council also concurred that the City should have the discretion and flexibility to determine if the proposed dedication is acceptable and if the fee should be imposed in-lieu of dedication. There was some debate as to whether non-residential development should be included, however, the Council directed staff to return to the Park and Recreation Board to develop an ordinance with their findings and recommendation. After thorough discussion, the Council directed staff to present the information to the Park and Recreation Board to develop a draft ordinance and recommendation for Council consideration. The Park and Recreation Board, at their September 10, 1999 Work Session and again at their September 21, 1999 meeting, evaluated the potential benefits of implementing a parkland dedication ordinance. The Board discussed the purpose and intent of the ordinance, possible land dedication requirements and alternatives to land dedication to include cash in lieu of dedication, and unanimously agreed to recommend that City Council consider adopting Parkland Dedication Article 12 as an amendment to the Zoning Ordinance. The following requirements are contained in the proposed ordinance: . The requirements of the Article are intended to assure that open space and neighborhood park facilities are available to meet the needs created by developments pursuant to the Park System Master Plan. . The requirements shall be applicable to residential and non-residential development for which a final plat has not already been formally submitted. · Requirements for residential developments are at a ratio of 1 acre of parkland for every 40 dwelling units. Requirements for non-residential developments are at a ratio of 1 acre for every 50 acres. · The City determines if the proposed dedication is adequate in size, dimensions, character, and minimum area. If not, the applicant shall be required to pay cash in lieu of dedication of land. · The City shall annually establish an acreage land value cost to be used in calculating the fee in lieu of dedication. P & Z Minutes November 11,1999 10 Draft Copy · Where the City desires land dedication, such land dedication will be shown on the final plat. Where the City requires cash in lieu of land, upon receipt of an application for building permit the City shall calculate the applicable fees due. The proposed Parkland Dedication Article was presented to City Council at their September 27, 1999 meeting. The Council discussed these requirements and directed the staff to take their comments and questions to the Park and Recreation Board for their consideration and response. The Council also instructed the staff to forward the final recommendation of the draft ordinance to the Planning and Zoning Commission in order to amend the Zoning Ordinance to include these requirements. After thorough discussion, the Park and Recreation Board, at their November 1, 1999 meeting, unanimously voted to forward the proposed Parkland Dedication Article to the Planning and Zoning Commission with the recommendation to amend the Zoning Ordinance to include these requirements. Staff recommended the Planning and Zoning Commission approve PZ 99-36 to amend Zoning Ordinance No. 1874 to add Article 12, Parkland Dedication Requirements. Ms. Ratcliff introduced Jim Brown, Parks and Recreation Director and asked for his presentation. Jim Brown stated at the Mayor's and City Council's request, this item was moving forward. Area surveys were conducted and further direction was obtained from the Mayor and City Council. The results were taken to the Parks and Recreation Board. The Board twice considered this item, responding to issues from City Council. Bill Thornton, Assistant Parks and Recreation Director covered the highlights of the ordinance, benefits and purpose of it. He gave the intent and purpose of the proposed ordinance, stating he would answer any questions. The Commission believes they are asking for too much land and that the developer is being taken advantage of. Mr. Thornton stated that numerous cities are using the same ratio and this ratio was also used in the development of Thornbridge East. Mr. Lueck stated he is against the concept of this ordinance. Chairman Bowen opened the public hearing. Proponents were: Dewayne Leslie, Chairman of the Park and Recreation Board, stating he sees the need for parkland in the city, explaining that available funding doesn't exist. P & Z Minutes November 11, 1999 11 Draft Copy He knows the developer will claim it burdensome, however, he believes the burden is put on the builder only, and that's only an additional 1 %. Doesn't see this as extra taxes; but a service to be provided to the citizens. Opponents consisted of: Doug Long, developer, expressed concern of the increasing burden on the developers. They can't continue developing if they have to continue giving more and more away. Stated developers were not notified of these open meetings regarding this item - and input should have been sought, at least in the early stages. He hasn't had a chance to even review the ordinance. Mr. Starline Autry, 4800 Susan Lee, asked why the city hadn't approached BISD to upgrade their unused areas and save some money. Smithfield Elementary is a prime example of a tremendous amount of unused property that would accommodate a park perfectly. Jim Brown stated that numerous studies indicate that where the addition of park amenities increase property values, which benefit the city. He explained that the school property is being looked at. This ordinance really only impacts a small part of the city since not that much area left to develop. The Little Bear Creek Corridor Ordinance has no requirement for park dedication. Developer has the option to keep or dedicate. Public hearing closed. Mr. Davis believes that the Parks Master Plan is wonderful and wonders is it the city's right to take property from individuals for parks? He doesn't think so - especially when uncompensated. In his opinion the end result is the new homeowner will pay for that park. He is opposed. Mr. Lueck, seconded by Mr. Davis moved to deny PZ 99-36. The motion carried unanimously. P & Z Minutes November 11, 1999 12 Draft Copy 11. MISCELANEOUS REPORTS There was nothing to report. 12. ADJOURNMENT Having no additional business to conduct, the meeting adjourned at 8:45 p.m. . ~' ~~~,/ Don Bowen, . man .-e Ted Nehring, Secretary P & Z Minutes November 11, 1999 13