HomeMy WebLinkAboutPZ 1998-06-11 Minutes
MINUTES OF THE REGULAR MEETING OF THE
PLANNING & ZONING COMMISSION OF THE
CITY OF NORTH RICHLAND HILLS, TEXAS
JUNE 11,1998 -7:30 p.m.
1.
CALL TO ORDER
The meeting was called to order by Vice-Chairman Richard Davis at 7:30 p.m.
2.
ROLL CALL
PRESENT
Vice Chairman
Richard Davis
Don Ferguson
Don Bowen
Mark Wood
Paul Miller
ABSENT
Ted Nehring
David Barfield
CITY STAFF
Director, Planning Barry LeBaron
Planner Christopher Baker
Recording Secretary Valerie Taylor
Asst Director/Public Works Kevin Miller
Staff Engineer Julia Skare
Mayor Charles Scoma
3.
CONSIDERATION OF MINUTES OF MAY 28, 1998
APPROVED
Mr. Wood, seconded by Mr. Ferguson moved to approve the minutes of May 28,
1998. The motion carried with a vote of 5 - O. Messrs. Bowen, Davis, Ferguson,
Miller and Wood were in favor of this motion.
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4.
PS 97-60
PUBLIC HEARING TO CONSIDER THE REQUEST OF JIM WALKER FOR A
REPLAT OF LOT 1R, BLOCK 2, THOMPSON PARK ESTATES. (LOCATED
IN THE 6300 BLOCK OF PRECINCT LINE ROAD)
APPROVED
Mr. Davis opened the public hearing and asked the applicant to come forward.
Mr. Barry Hunsworth, Carroll Consultants, presented this request for Conoco.
He stated he concurs with all of staff's issues.
Chairman Davis called for additional proponents. Seeing none, he called for any
opponents.
Mr. Billy Cypert, Director of Buildings and Grounds for Birdville I.S.D., recited
excerpts from the Texas Alcoholic Beverage Commission's laws regarding the
sale of alcohol around schools and voiced his concern of Conoco selling beer at
this location.
Seeing no additional opponents, Vice Chairman Davis closed the public hearing.
Mr. Bowen, seconded by Mr. Ferguson, moved to approve PS 97-60 provided no
Certificate of Occupancy is issued until the sewer service at the high school is
available. The motion carried with a vote of 5 - O. Messrs. Bowen, Ferguson,
Davis, Wood & Miller were in favor of this request.
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5.
PS 98-13
REQUEST OF COOK CONSULTANTS FOR A FINAL PLAT OF LOT 1,
BLOCK 1,WATERFORD ADDITION. (LOCATED IN THE 6200 BLOCK OF
GLENVIEW DRIVE)
APPROVED
Mr. Jack Cook, Cook Consultants, presented this request and stated that he
agrees with all of the engineer's comments.
Mr. LeBaron stated that staff is about to finalize the drainage easement issue
and staff recommends that the plat be moved forward to the Council, insuring
that the plat wouldn't be filed until this item was resolved.
Mr. Wood, seconded by Mr. Bowen, moved to approve PS 98-13 subject to
engineer's comments and absolute identification of the location of the drainage
easements prior to the filing of the plat. The motion carried with a vote of 5 - O.
Messrs. Wood, Bowen, Ferguson, Davis & Miller were in favor of this request.
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6.
PS 98-29
REQUEST OF ADAMS CONSULTING ENGINEERS FOR A PRELIMINARY
PLAT OF LOTS 1 R & 2, BLCK 6, T APP ADDITION. (LOCATED IN THE 6400
BLOCK OF NE LOOP 820)
APPROVED
Mr. Don Craig, Adams Consulting Engineers presented this request. He stated
they are requesting a waiver of the sidewalks along the frontage road of NE
Loop 820 and agree with the remainder of staff's comments.
Mr. Ferguson, seconded by Mr. Bowen, moved to approve PS 98-29 waiving the
sidewalks along NE Loop 820. The motion carried with a vote of 5 - O. Messrs.
Ferguson, Bowen, Davis, Wood & Miller were in favor of this request.
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7.
PZ 98-15
PUBLIC HEARING TO CONSIDER THE REQUEST OF WSI ARCHITECTS
FOR A ZONING CHANGE ON TRACT 3R, M. TRIMBLE SURVEY, A-1520
FROM R-7 MULTI-FAMILY TO PD PLANNED DEVELOPMENT FOR AN
INDEPENDENT LIVING FACILITY. (LOCATED IN THE 6200 BLOCK OF
GLENVIEW DRIVE)
APPROVED
Vice Chairman Davis opened the public hearing and asked staff to explain this
req uest.
Mr. LeBaron explained that this 9.3-acre tract of land is on Glenview Drive
between the Waterford on the Green and Diamond Loch apartments. It is
currently zoned R-7 Multi-family. The applicant is requesting a zoning change to
a planned development for a 120 unit independent living facility for senior
citizens. Some of the issues involved in this request are dwelling unit size,
parking and masonry requirements.
Mr. Don Averitt, Capital Senior Development, presented this request. He
explained they have projects going on all over the country. He stated that
because they house senior citizens, arrays of room sizes are needed to
accommodate financial requirements. The rents range from $1100 - $2400 per
month and they do not accept any government assistance. The monthly rent
covers 3 meals a day and any transportation that is needed for residents.
Mr. Averitt explained that these facilities are built according to the US Senior
Citizen Act of 1986, which states the facilities are for people 55 years of age and
older. No exceptions are made.
Mr. Averitt stated that they are requesting a waiver of the parking requirements
since a lot of the residents won't drive.
Mr. Averitt explained that they are requesting a variance in the minimum dwelling
unit size. The smallest unit proposed is 297 square feet. This consists of a
bedroom/sitting area with a small closest and bathroom. There is an onsite
library, a large dining room, hair salon and craft room. In the 10 years he has
worked in Independent Living, he has never seen a facility turn into an apartment
complex. They are also requesting a waiver in the required masonry explaining
that this is an upscale facility.
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Responding to a question, Mr. Averitt stated that he currently has this type of
facility under construction in Mesquite, San Antonio and Baton Rouge. They
have 30 existing facilities in operation across the United States.
The unit sizes vary from 297 square feet to 840 square feet, but Mr. Averitt
believes that with the common areas, the square footage issue equals out.
Seeing no additional proponents or no opponents. The public hearing was
closed.
Discussion ensued regarding the masonry requirement and their requested
waiver. Because there are so many windows and doors on this project, Mr.
Cook, the project's engineer, stated it's hard to accommodate the 75% masonry.
The first floor will be 100% masonry. The overall structure will be 70.6%
masonry.
Mr. Davis stated that he doesn't really have a problem with the masonry
deviation but he does have a problem with the 297 square foot units.
Mr., Wood suggested that filing deed restrictions on the property that place an
age restriction on the property would be one way to alleviate the concern of this
project turning into apartments down the road.
Mr. Averitt stated they would not have a problem with deed restrictions.
Mr. Bowen stated that the small unit size bothers him.
Mr. Wood agrees with Mr. Bowen and believes that consideration should be
placed on the possibility of this project turning into apartments down the road.
The market can change drastically.
Mr. Miller doesn't like the smallest unit size, but stated if the market truly exists,
he could live with it.
Mr. Ferguson believes the deed restrictions would work well.
Mr. Davis believes that the market shows a need for the elderly citizens in our
community, however, is concerned about 297 square foot rooms.
Mr. Averitt believes this would be a significant addition to the City of NRH and
would improve a very bad site. He stated that they have spent a tremendous
amount of money trying to make this project something everyone could be proud
of. The unit size, while small, fits an economic demand. Mr. Averitt stated
additionally that he would be the first person to ever build a project like this in a
ditch.
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Mr. Ferguson, seconded by Mr. Wood, moved to approve PZ 98-15 provided a
deed restriction is filed with the County prior to permits being issued stating the
11 conditions outlined in Section 3 of the Ordinance and adding that no one
under 55 years of age may be a lessee. The motion carried with a vote of 4 - 1.
Messrs. Ferguson, Wood, Miller & Davis were in favor of this request. Mr.
Bowen was opposed.
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8.
PZ 98-17
PUBLIC HEARING TO CONSIDER THE REQUEST OF DAVID BRANACH
FOR A ZONING CHANGE ON TRACT 7D AND 7H1, T.K. MARTIN SURVEY,
ABSTRACT 1 055. (LOCATED AT 8801 MARTIN DRIVE)
APPROVED
Vice Chairman Davis opened the public hearing and asked the applicant to come
forward.
David Branach presented this request stating that once this last step is complete,
they could break ground on their new home - in about 6 weeks.
Seeing no additional proponents or no opponents. Vice Chairman Davis closed
the public hearing.
Mr. Bowen, seconded by Mr. Wood, moved to approve PZ 98-17 as requested.
The motion carried with a vote of 5 - O. Messrs. Bowen, Wood, Miller, Davis &
Ferguson were in favor of this request.
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9.
PZ 98-25
REQUEST OF HERB CROSS FOR SITE PLAN APPROVAL TO REDUCE THE
MASONRY REQUIREMENTS AT 7740 NE LOOP 820
DENIED
Mr. Herb Cross, applicant, presented this request. He explained that the metal
building that originally existed burned recently. This has been demolished and
they are requesting to rebuild this structure as before, only 20% larger. He
explained that this structure is over 360' south of the frontage of the loop and is
90' away from the road on the west and over 140' away from the road on the
south. Metal structures surround this location. He stated their request is to
rebuild a totally metal structure.
Mr. Davis asked if anyone in the audience had anything to add to this discussion.
Seeing none opened discussion amongst the Commission.
Mr. Davis asked how much expansion was planned from the original size and
Mr. Cross stated about 20% larger than they were before. Additionally, Mr.
Cross stated that none of the existing building contained masonry and their
request is to rebuild a totally metal building.
Mr. Davis explained to those in the audience that the City Council had recently
passed an amendment to the zoning regulations requiring all new commercial
construction consist of at least 75% masonry on each elevation and that site plan
approval is required by the P&Z and City Council should a variance be granted
relating to this. Under the new guidelines, his new structure should have at least
75% masonry on each elevation.
Mr. Wood stated that the 75% masonry requirement has always been in place,
and strictly enforced in the past. He would hate to see the Commission go
backwards.
Mr. Bowen believes the ordinance should be followed.
Mr. Wood stated the current ordinance states they could do a metal structure if
they were only replacing up to 50% of the value of the structure.
Some discussion ensued as to whether the structure was going to be larger than
it originally was. It was determined that the new footprint would be 20% larger
than the original footprint. Mr. Cross stated that "the building will consist of a
shop on the west side and a parts area in the middle that are bigger than this
other that they are working on, which is one big building that had fire walls in
between it. The footprint is 20% larger than the part that burned."
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Mr. Bowen stated that they are doing more than 50% - they have to totally
rebuild a building. He stated that even if they were building the new structure the
same size as it was originally, it would be an improvement of 100%, according to
the ordinance.
Mr. Cross stated that was not correct.
Mr. Bowen stated that is correct because there is no building there. It is being
totally rebuilt.
Mr. Cross stated that there is a building there, just not the part that burned.
Mr. Davis asked how much burned. He stated that someone had made the
determination that at least 50% of improvement of the existing structure is being
replaced or added to.
Mr. LeBaron stated that the Building Official had made that determination.
Mr. Cross stated that he had not given the Building Official enough information,
in his opinion, to make that determination.
Mr. Davis stated that Mr. Cross did have the right to appeal that decision to the
Building Officials boss if he disagreed with his determination.
Mr. Bowen, seconded by Mr. Wood moved to deny PZ 98-25. The motion
carried with a vote of 4 - 1. Messrs. Bowen, Wood, Miller & Davis were in favor
of this motion. Mr. Ferguson was opposed.
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10.
PZ 98-26
REQUEST OF BRAD YOUNG OF MDK DEVELOPMENT CORP. FOR SITE
PLAN APPROVAL TO REDUCE THE MASONRY REQUIREMENT ON LOT 3,
BLOCK 3, TAPP ADDITION. (LOCATED IN THE 5400 BLOCK OF HILLTOP
DRIVE)
DENIED
Mr. Brad Young presented his request. He stated that his client would like to
expand the existing mini-warehouses on Hilltop Drive. They would like to keep
the same appearance as the existing warehouses, but this facility will be climate
controlled. They propose to attach non-operable doors on the outside of this
new climate controlled facility that would match the orange doors on the existing
facility. If the doors were operable, they would not need to apply for a reduction
in masonry.
Responding to a question, Mr. Young stated that it would be possible to paint
fake doors on a tilt wall and that the proposed facility would look identical to the
existing facility, but the doors will be inoperable.
Mr. LeBaron stated that this case seems somewhat bureaucratic because if the
doors functioned as doors, this wouldn't be an issue. But since inoperable doors
are proposed in this internally accessed facility, the masonry requirement
becomes an issue.
Responding to a question, Mr. Young stated that the building would be of pre-
cast concrete columns at 10' centers, with "dummy doors" that are identical to
the operable doors on the existing facility. They would be mounted exactly as
the operable doors. Metal liner panels with insulation would be directly behind
the fake doors.
Mr. Bowen, seconded by Mr. Davis, moved to deny PZ 98-26. The motion
carried with a vote of 5 - O. Messrs. Bowen, Davis, Wood, Miller & Ferguson
were in favor of this motion.
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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 8:50 p.m.
~
Chairman, David Barfield
Q~
Secretary, Don Bowen
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