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HomeMy WebLinkAboutPZ 1998-01-22 Minutes MINUTES OF THE REGULAR MEETING OF THE PLANNING & ZONING COMMISSION OF THE CITY OF NORTH RICHLAND HILLS, TEXAS JANUARY 22, 1998 - 7:30 p.m. 1. CALL TO ORDER The meeting was called to order by Chairman David Barfield at 7:30 p.m. 2. ROLL CALL PRESENT Chairman David Barfield Richard Davis Don Bowen Mark Wood Don Ferguson Paul Miller ABSENT Ted Nehring CITY STAFF Planning Director Recording Secretary Planner Assistant City Manager Staff Engineer Barry LeBaron Valerie Taylor Christopher Baker Randy Shiflet Julia Skare 3. CONSIDERATION OF MINUTES OF JANUARY 8, 1998 APPROVED Mr. Wood moved to approve the minutes of January 8, 1998. Mr. Ferguson seconded the motion and it carried 6 - O. Page 1 4. PS 97-26 PUBLIC HEARING TO CONSIDER THE REQUEST OF D. KENT DAVIS FOR A REPLA T TO BE KNOWN AS LOT 3R1-BR, BLOCK 1, MARTIN ADDITION. (LOCATED IN THE 6800 BLOCK OF NOB HILL DRIVE) APPROVED Chairman Barfield advised that because of a conflict of interest, he would be abstaining from the discussion and voting of this item. Acting Chairman Davis opened the pubic hearing and asked the applicant to come forward. Mr. Kent Davis explained that the utility plan had been delivered to Public Works earlier this date and that Doug Long will be submitting the requested grading plan prior to his building permit being applied for. Mr. Davis believes that zoning is not an issue since the replatting merges the property into one lot and the more restrictive zoning, in his opinion, takes over. He explained that he is requesting a waiver of the required GPS and sidewalks. Acting Chairman Davis called for additional proponents. Seeing none, he called for any opponents. Seeing none the public hearing was closed. Mr. LeBaron stated that while he appreciates Mr. Davis' opinion on the law of rezoning, staff believes this property should be rezoned so his entire tract carries the R-2 zoning classification on the official zoning map for the City. Discussion ensued regarding the issue of zoning on this property and it was determined that two (2) separate motions could be made regarding this issue. Mr. Wood moved to approve PS 97-61, waiving the required GPS and sidewalks. Mr. Bowen seconded the motion and it carried 5 - O. Messrs. Wood, Bowen, Davis, Ferguson & Miller voted in favor of this request. Mr. Barfield abstained. Mr. Bowen made a motion to require the property being acquired from Mr. Barfield be rezoned to R-2, but waive the application fee. The motion was seconded by Mr. Ferguson and carried 4 - 1. Messrs. Bowen, Ferguson, Davis & Miller voted in favor of this motion. Mr. Wood was opposed. Page 2 5. PS 97-64 REQUEST OF MARVIN SMITH FOR A FINAL PLAT ON LOTS 1-16, BLOCK 26, KINGSWOOD ESTATES ADDITION. (LOCATED IN THE 7700 BLOCK OF SMITHFIELD ROAD) APPROVED Mr. LeBaron explained that this is the final plat of 16 lots on Smithfield Road that currently carry an R-2 zoning classification and is a continuation of the Kingswood Estates Addition. All requirements have been met and the only request staff has is that the plat be changed to Smithfield Road instead of Keller Smithfield Road. The developer has agreed to the required masonry-screening wall along Smithfield Road. Mr. Davis made the motion to approve PS 97-64 subject to the engineer's comments and changing the street name to Smithfield Road from Keller Smithfield Road. Mr. Miller seconded the motion and it carried 6 - O. Messrs. Davis, Miller, Ferguson, Barfield, Bowen & Wood voted in favor of this request. 6. PZ 97-52 PUBLIC HEARING TO CONSIDER THE REQUEST OF DWIGHT BARON FOR A ZONING CHANGE FROM AG AGRICULTURAL TO PD PLANNED DEVELOPMENT FOR MINI-WAREHOUSES ON A PORTION OF TRACT 2, BRENTWOOD ESTATES ADITION. (LOCATED IN THE 8600 BLOCK OF DAVIS BOULEVARD) APPROVED Chairman Barfield read of list of opponent's names that had called in on the Mayor's Action Line stating they could not attend the meeting. There were 10 names and they were as follows: Matt Kosis, Sandy Kinikapella, Julie Gavitt, Stuart Rawlings, Lisa Young, Barbara Safely, Barbara Peterson, Tom Long, Michelle Rousta and Joan Mcquillan. The public hearing was opened and the applicant was asked to come forward. Mr. Wood stated for the record that he was the original broker on this property. He marketed this property for the previous owner. He has met with staff and the city attorney and it was determined that no conflict of interest exists and he is required to vote on this item. Staff had received a call earlier in the day that was Page 3 referred on to the city attorney's office. Mr. Wood stated that if this person was in attendance, he would gladly answer any questions they might have of him. Dwight Baron, applicant presented his request. He explained that he had met with the homeowners of Steeple Ridge Addition on December 19, 1997 after the first P&Z meeting to try and address some of their concerns. He felt this meeting was quite productive and, after listening to the neighbors concerns, has revised his submittal to a Planned Development for mini-warehouses with a portion of the property fronting on Davis to be zoned commercially. To date, there is no use proposed for this; it is just a commercial pad site. Mr. Baron stated that after his revised site plan was put together he met with the three homeowners that have property abutting his property. Mr. Baron explained that because the existing trees are very important to the neighbors, he has amended the site plan to show a 25' natural buffer. He will be leaving 108 trees. An eight-foot (8') wooden fence will be erected and there will be an additional 10' green belt before the first building, which will be masonry and serve as a screening wall. Additionally, he stated that he is officially amending his request for a C-1 Commercial zoning in lieu of the original C-2 zoning classification he was requesting for the pad site that fronts on Davis Boulevard. Responding to a question, Mr. Baron stated the property will have a slight grade down. The back walls of the building will serve as a retaining wall. Mr. Walter Nelson stated that in most cases on the side, the finished floor elevation would be above grade. On the west end, it is possible that they will be burying portions of it and on Building "D" as well. Mr. Nelson stated that chain link fencing was being used where the property doesn't abut any homes or front on Davis Blvd. Mr. Nelson stated that they would be willing to put slats in the chain link fence. Chairman Barfield called for additional proponents. Seeing none he called for any opponents. Mr. Matt Milano, 8804 Hedge Row, distributed a two-page statement of opposition that the neighbors of Steeple Ridge had put together. He explained that the residents believe the property values will decrease and doesn't believe a mini-warehouse facility fits the character of the area. He is strongly opposed to this development. Mr. Milano stated that a C-1 zoning classification is preferred to a C-2 and specialty shops and professional offices are the type uses he would prefer to see in this area. Mr. Keith Carter, 8804 Thornbridge and President of Thornbridge Homeowners Association stated that he believes a mini-warehouse development would set a precedence for future development along Davis Boulevard. Page 4 Additional opponents that spoke were: Jerry McCrory, 8308 Shady Oaks Richard Farr, Caddo Court Robert Riley, 9001 Trails Edge Drive Peter Hilliard, 8636 Kensington Lane Francis Lynn Mary King Dan Johnson, 8628 Shady Brooke Drive Janet Deitrich, 8624 Shady Brooke Drive Jerry Jarzonbeck, 8558 Shady Brooke CT. Mr. Doug Maer, owner of Best Little Warehouse in Texas on Industrial Parkway stated that he has seen Mr. Baron's proposed development and stated that it is one of the nicest facilities he has seen proposed in a long time. Seeing no additional opponents, Chairman Barfield closed the public hearing. Chairman Barfield stated that the Master Plan shows this area as commercial and believes that Mr. Baron has every right to use his property and use it to its highest and best use. Mr. Barfield would prefer a masonry wall where a chain link fence is proposed. Mr. Bowen believes there is too much depth and is opposed to mini-warehouses. Mr. Miller stated that while he is not opposed to this development, he does have some concerns. He doesn't agree with a chain link fence and would prefer a masonry fence, but believes this is a good use for the property. Mr. Miller believes that Mr. Baron has made every attempt to please the residents. Mr. Ferguson doesn't like the depth of the property, but also knows that when your paying per square foot, you have to utilize as much of the property as possible. Mr. Davis believes this would be less intrusive to the surrounding neighborhoods than what could possibly go in there. Mr. Davis suggested Mr. Baron consider deleting or repositioning building "L", to allow for a greater buffer. Mr. Davis stated that repositioning this building could allow up to a 70' buffer. Mr. Bowen made the motion to deny PZ 97-52 but it died for lack of a second. Mr. Wood stated that while he believes this project is less intrusive than the other possibilities that could potentially go on this site. But when you've got this many Page 5 homeowners opposed to this development, it is the Commissions responsibility to hear them. Responding to a question posed by the Commission, Mr. Baron stated that amending his site plan would not be a "deal killer" however, reconfiguration would be required. Additionally, a masonry-screening wall in lieu of the proposed chain link fence is not a problem either. Mr. Davis made the motion to approve PZ 97-52 subject to an amended site plan showing a 70' buffer along the west property line; denying the sign waiver - the sign will not exceed 65 square feet; and that the chain link fence along the north property line be changed to a masonry screening wall. Mr. Ferguson seconded the motion and it carried 4 - 2. Messrs. Davis, Ferguson, Barfield & Wood voted in favor of this request. Messrs. Bowen and Miller were opposed to this request. 7. PZ 97-53 PUBLIC HEARING TO CONSIDER THE REQUEST OF DWIGHT BARON FOR REZONING FROM AG AGRICULTURAL TO C-2 COMMERCIAL FOR A PORTION OF TRACT 2, BRENTWOOD ESTATES ADDITION. (LOCATED IN THE 8600 BLOCK OF DAVIS BOULEVARD) APPROVED Note: The public hearing for this request was conducted simultaneously with PZ 97-52. Mr. Davis made the motion to approve PZ 97-53 approving a C-1 Commercial classification as requested by the applicant. Mr. Bowen seconded the motion and it carried 6 - O. 8. STAFF REPORT There was nothing to report. 9. CITIZEN COMMENTS There were none. Page 6 10. ADJOURNMENT Having no additional business to conduct, the meeting adjourned at 9:50 D~C~~ <:)~ iaVid Barfield, Chairman Page 7 THE STATE OF TEXAS COUNTY OF TARRANT § § § AFFIDAVIT OF DISQUALIFICATION The undersigned Board Member of the City of North Richland Hills hereby under oath says that he has an interest in Item Ps C1")- ~ \ on the Agenda for JD--r\ ~,:L . ,199E. The nature of the interest is: () U) 1tj)~~V"1--) ~Yh \í)(2, V~~ '1'---- - I By filing this affidavit with the Secretary of the Board, the undersigned gives notice that he will not and has not taken part in the discussion or deliberation on such agenda item and will not vote on such agenda item. Signed under oath this ~ day of '- JÚ-0 \......C.......fj , 199 l. ~d~ Sworn to and subscribed before me this day of 199 . Person Administering Oath City of North Richland Hills, Texas