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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. Page 1 - 6/11/98 P & Z Minutes 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. Page 2 - 6/11/98 P & Z Minutes 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. Page 3 - 6/11/98 P & Z Minutes 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. Page 4 - 6/11/98 P & Z Minutes 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. Page 5 - 6/11/98 P & Z Minutes 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. Page 6 - 6/11/98 P & Z Minutes 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. Page 7 - 6/11/98 P & Z Minutes 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. Page 8 - 6/11/98 P & Z Minutes 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." Page 9 - 6/11/98 P & Z Minutes 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. Page 10 - 6/11/98 P & Z Minutes 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. Page 11 - 6/11/98 P & Z Minutes 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 Page 12 - 6/11/98 P & Z Minutes