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HomeMy WebLinkAboutPZ 1998-08-27 Minutes " MINUTES OF THE REGULAR MEETING OF THE PLANNING & ZONING COMMISSION OF THE CITY OF NORTH RICHLAND HILLS, TEXAS AUGUST 27, 1998 - 7:30 p.m. 1. CALL TO ORDER The meeting was called to order by Chairman Richard Davis at 7:30 p.m. 2. ROLL CALL PRESENT Chairman Richard Davis Don Bowen Mark Wood Doug Blue James Laubacher Paul Miller Ted Nehring Ron Lueck CITY STAFF Director, Planning Barry LeBaron Planner Christopher Baker Recording Sec'y Valerie Taylor Staff Engineer Kevin Miller Staff Engineer Julia Skare Depty City Manager Randy Shiflet Mayor Charles Scoma Councilman Frank Metts Councilman Lyle Welch Councilman Russ Mitchell 3. CONSIDERATION OF MINUTES OF AUGUST 13, 1998 APPROVED Mr. Bowen, seconded by Mr. Laubacher moved to approve the minutes of August 13,1998. The motion carried with a vote of7 - O. Messrs. Bowen, Davis, Wood, Laubacher, Nehring, Miller and Blue were in favor of this motion. Page 1 8/27/98 P & Z Minutes -~",_."_........._.-...~--~<_.~~,,"-~---,.,.~-,,-,,,.~~ 4. CONSIDERATION OF THE MINUTES FROM THE ORIENTATION SESSION AUGUST 6, 1998 APPROVED Mr. Wood, seconded by Mr. Nehring, moved to approve the minutes of August 6, 1998. The motion carried with a vote of 7 - O. Messrs. Wood, Nehring, Laubacher, Davis, Bowen, Blue and Miller were in favor of this motion. Page 2 8/27/98 P & Z Minutes 5. PS··98-30 REQUEST OF ROB ADAMS FOR A FINAL PLAT OF LOTS 1 RAND 2, BLOCK 6, T APP ADDITION. (LOCATED AT 6401 NE LOOP 820) APPROVED Mr. Davis explained that this property is the site of the Wal-Mart expansion and asked the applicant to come forward. Mr. Don Craig, Adams Consulting Engineers, presented this request, stating that they have agreed with all the engineers' comments. Mr. LeBaron stated that the property carries two different classifications and the Commission might consider changing the zoning to all be consistent. Mr. Adams stated they would have no problem with a city initiated zoning change for clean up purposes. Mr. Nehring, seconded by Mr. Bowen, moved to approve PS 98-30. The motion carried with a vote of 7 - O. Messrs. Nehring, Bowen, Blue, Laubacher, Davis, Wood & Miller were in favor of this request. Page 3 8/27/98 P & Z Minutes 6. PS 98-31 ... REQUEST OF RALPH SCHWAB FOR A PRELIMINARY PLAT OF LOT 1, BLOCK 1, SCHWAB ADDITION. (LOCATED AT 8713 STEWART DRIVE) APPROVED Mr. LeBaron explained that this is a 2.2-acre tract of land located north of Stewart Lane and has never been platted. The applicant is constructing a new home on this property. Mr. LeBaron explained that the applicant would be providing his share of the right-of-way for Stewart Drive and in so doing would also have to provide his portion of the construction costs of Stewart Drive. The applicant has asked to sign a covenant for these improvements as well as a covenant for some required drainage improvements. Public Works is not opposed to this, provided the recommendation is forwarded to the City Council. Additionally, a portion of the rear part of the lot will not be accessible by fire protection; the home will be constructed within the 500' radius of fire protection. Only an existing accessory building is located within the portion of the property that is not accessible to fire protection. Should the Commission so choose, a Hold Harmless Agreement should be executed to protect the City. Since no sewer is available within 300' of this property, Mr. Schwab is requesting a septic system, and staff has no problem with this request. Mr. Ralph Schwab stated that he is willing to sign the covenants as stated, as well as a Hold Harmless Agreement. Mr. Bowen, seconded by Mr. Blue moved to approve PS 98-31 subject to engineers comments, allow the execution of a Covenant for the drainage, sidewalks and street improvements, and a Hold Harmless Agreement be executed for the back portion of the property without fire protection. The vote carried with a vote of 7 - O. Messrs. Bowen, Blue, Nehring, Laubacher, Davis, Wood & Miller were in favor of this request. Page 4 8/27/98 P & Z Minutes 7. PS 98-35 REQUEST OF·MATT·SPEIGHT FOR-A REPLAT TO BE KNOWN AS LOTS 1 R1 AND 1 R2, BLOCK 30, HOLIDAY NORTH ADDITION SECTION 8. (LOCATED IN THE 5500 BLOCK OF DAVIS BOULEVARD) APPROVED Matt Speight presented this request explaining that this is the property at the Davis Boulevard Self-Storage facility and is simply to facilitate a portion of the property to be sold. Mr. Speight said they have no problem with the 25' building line being added to the east side of the property, where it fronts Davis Boulevard. Mr. Wood, seconded by Mr. Miller, moved to approve PS 98-35, subject to the engineer's comments and the addition of a 25' building line on the east side of the property. The motion carried unanimously with a vote of 7 - O. Messrs. Wood, Miller, Bowen, Davis, Laubacher, Nehring & Blue were in favor of this request. Page 5 8/27/98 P & Z Minutes 8. PS 98-41 REQUEST OF MICHAEL RADER FOR AN-AMENDED PLA TOF LOTS 6 & 7, BLOCK 4, INDUSTRIAL PARK ADDITION. (LOCATED AT 5619 RUFE SNOW DRIVE) APPROVED Mr. Davis explained that this amended plat is to alleviate a building line encroachment into an easement. They are simply deleting a portion of a 5' easement. All engineering comments have been agreed to. Mr. Wood, seconded by Mr. Nehring, moved to approve PS 98-41. The motion carried with a vote of 7 - O. Messrs. Wood, Nehring, Blue, Laubacher, Davis, Bowen and Miller were in favor of this request. Page 6 8/27/98 P & Z Minutes 9. PZ 98-29 PUBLIC· HEARING TO CONSIDER THE REQUEST OF ROBERT HASTY FOR A ZONING CHANGE FROM AG-AGRICUL TURAL TO C1-COMMERCIAL ON TRACTS 11C1, 11C, 11E, 11D1 AND 11D T. PECK SURVEY, AND TRACT 2, BRENTWOOD ESTATES ADDITION. (LOCATED IN THE 8600 BLOCK OF DAVIS BOULEVARD) DENIED Mr. LeBaron explained that this case was originally heard and tabled on July 9, 1998. The property is currently zoned AG-Agricultural; approximately 19 acres are involved and it backs up to the Steeple Ridge Addition and the applicant is requesting C1-Commercial zoning. The item was tabled was because the North Davis Boulevard Citizens Group had just made a presentation for the establishment of an overlay zone in this area and the Commission felt that some time should be given for this project to get started. Chairman Davis opened the public hearing and asked the applicant to come forward. Mr. Robert Hasty presented this request explaining that he believes this tract should be treated no differently than the tract directly across the street that recently received the same zoning classification. Mr. Dwight Baron spoke in favor of this request. He explained that he has been working with this property for the past several years and knows that the Master Plan was designed before the Steeple Ridge addition was ever built. He believes this property has a high potential for commercial development, as laid out in the master plan. Seeing no additional proponents, Chairman Davis called for opponents. Mr. Pete Hilliard spoke in opposition of this request. He does not want to see this area developed until an overlay zone is established, and more directives are initiated by the newly appointed committees. Ms. Francis Lynn, 8616 Shady Brooke Drive, says that while she understands the property will eventually go commercial, she would like to see this case tabled until the Ad-Hoc Committee has had a chance to review it. She also wants to know what the City Council plans to do regarding the presentation that the North Davis Citizens Group made for them. Jim McCain, 8508 Steeple Ridge Drive, believes that a 200' buffer, minimum - should be required between this development and the Steeple Ridge addition. Page 7 8/27/98 P & Z Minutes Seeing no additional opponents, Mr. Hasty stated that while some interesting issues had been raised, he believes this is an important piece of property with a tremendous amountof potential for the City of NRH. He believes that the concerns discussed this evening can and will be addressed by the Ad-Hoc Committee but should not dissuade the Commission from approving this request on to the City Council. Chairman Davis closed the public hearing and asked for a show of hands for and against this request. Two raised their hands in favor of this request and seven hands were raised in opposition. Mr. Bowen stated that his position has not changed on this piece of property. Until he see's a layout of an actual proposal, he doesn't see this zoning request in the City's best interest. Mr. Nehring agreed, stating that the depth of the project is a major concern to him. Mr. Bowen, seconded by Mr. Nehring, moved to deny PZ 98-29. The motion carried with a vote of 6 - O. Messrs. Bowen, Nehring, Miller, Davis, Laubacher and Blue were in favor of this motion. Mr. Wood was opposed. Page 8 8/27/98 p & Z Minutes 10. PZ 98-31 REQUEST OF TOMMY KLINE FOR A ZONING CHANGE FROM R6T- TOWN HOMES TO PD-PLANNED DEVEL:OPMENT FOR SINGLE FAMILY HOMES ON BLOCKS 31, 32 AND 33, HOLIDAY NORTH ADDTION. (LOCATED IN THE 5500 BLOCK OF HOLIDAY LANE) APPROVED Due to past dealings with this particular property, Mr. Wood stated he would be excusing himself from the meeting and Mr. Lueck would be taking over in his absence. Mr. LeBaron explained that this item was originally tabled on July 9, 1998. This is a large vacant tract of land with a 180' channel running through it. It is currently zoned for townhomes and has been for over 10 years. The applicant is proposing a planned development for single family residences. A PD was chosen in order to give the Commission and Council as well as the developer the opportunity to "customize" the development for this particular site. It is rather unique in that it has a channel running through the middle of it. The proposed zoning is for detached single-family homes, on smaller lots than normally allowed by traditional residentially zoned properties. The applicant has redrawn the development to accommodate some of the concerns the Commissioners had at the July meeting. The applicant has met with the Parks & Recreation department as well, and is ready to present his proposal. Chairman Davis opened the public hearing and asked the applicant to come forward. Mr. Tommy Kline presented this request. He thanked the Commissioners for the opportunity to revise the plans and come back before them. He explained that a "Hike & Bike Trail" has been added per the City's request. Additional issues from the previous meeting that were addressed were: drainage, schools and traffic. He explained that the drainage would be addressed at the time of platting, but was not a problem. He checked with Holiday Heights Elementary and there is no problem with the increased attendance this subdivision would generate. One lot has been deleted to add a left turn lane onto North Richland Boulevard and Trinidad will now extend directly across with Dove Way Court. Mr. Kline has dropped the density to 122 lots with a minimum lot size of 6500 square feet and an average lot size of 7500 square feet. The dwelling units will be a minimum of 1500 square feet with an average of 1800 square feet. The side yards will be 5', except on Carol, where the houses will have a 10' side yard and be limited to one-story homes only. Additionally, the cul-de-sacs have been dropped to 8 lots and the houses abutting Holiday Lane will be restricted to one- story as well. The majority of the lots will be able to accommodate a 50 x 70' Page 9 8/27/98 P & Z Minutes pad. He explained that the density, at 4.7 units per acre, is just below the 4.8 in the R-3 zoning classification. Mr. Kline submitted letters from Mr. Fred Bentson and Mr.' John R. Wise, who were unable to attend the meeting, supporting this development. Mr. Lueck stated that according to his calculations, leaving out the three largest lots, the average lot size would actually be 7700 square feet. And, the averages on Blocks A & B, actually calculate at 7,000 square feet. He wants the record to reflect the discrepancies. Much discussion ensued regarding the regulations of minimum lot sizes. Mr. Kline agreed that no more than 15% of the lots would have a square footage of 1500'; accepting that 85% of the lots would be greater, getting the average to 1800 square feet. Responding to a question, Mr. Kline stated that the bridge is not an option. It is beyond the financial scope of 122 lots. Ms. Joan Hockenberry, 5704 Bermuda Drive, submitted a list of 23 names and addresses of residents supporting Mr. Kline's proposal. Mr. Leon Hatfield, 7509 Jean Ann Drive spoke in favor of this request. He believes that Mr. Kline has addressed all the issues discussed at the previous meeting and believes this is the opportunity to get a good addition to the community. Seeing no additional proponents, Chairman Davis called for any opponents. Mr. William Rue, 5732 Bermuda was opposed to this request, citing the traffic concerns at Trinidad and Holiday Lane as well as voicing concerns the property being in a flood plain. Additional opponents that spoke were: Gary Jones, 5601 Jamaica Jack Skelton, 7500 North Richland Boulevard Henry Oats, 7557 Circle Drive Gene Thomas, 5713 Acapulco Drive William Lipper, 7553 Circle Drive Suzanne Smith, 5612 Jamaica Circle Seeing no additional opponents, Chairman Davis offered Mr. Kline time for rebuttal. Page 10 8/27/98 P & Z Minutes Mr. Kline stated that over the past month and a half he has worn his engineer out. He honestly wants to be a good neighbor to the community. Chairman Davis closed 1he public hearing and asked for discussion from the Commissioners. Mr. Blue believes a great number of improvements and concessions on Mr. Kline's part have been made. He is in favor of this request. Mr. Nehring and Mr. Laubacher both were still concerned over the traffic issues. Mr. Bowen and Mr. Miller, while concerned over the traffic issues, believes that Mr. Kline has sincerely worked with the Commission and that the City has run the best compromise they can. Mr. Lueck is opposed to this development. He believes that the traffic situation can not be ignored, and that many people trying to get onto NE Loop 820 in peak hours will not work. Chairman Davis stated that this is the first time in quite awhile that a developer has addressed every question or concern pointed out with a potential development. He believes traffic is difficult but also realizes that Mr. Kline is getting caught up in problems the City has actually created by wanting people to move to NRH. He suggested that Mr. Kline look at additional traffic studies before bringing the plat forward, maybe some traffic concerns could be addressed at that time as well. Chairman Davis additionally stated that should the Commissioners vote in favor of this request, that a definite number of no more than 18 lots would be less than 1550 square feet. This will increase the average house size. He wants to insure that the landscape plan becomes part of the ordinance, as well as the letter submitted by Mr. Kline addressing additional issues. Also, the concurrence that Dove Way and Trinidad line up should also be a part of the approval motion as well. Mr. Kline stated that the agreement to the 10' side yards is in the letter, which will be part of the ordinance. Responding to a question, Chairman Davis stated that the decision before the Commission is for the zoning change only. The ordinance will include but not limited to: the concept, the landscaping, his letter of intentions, which was included in the packets, tabulation sheets submitted, screening wall drawings and also the drawing indicating the new right hand turn on Holiday Lane. Page 11 8/27/98 P & Z Minutes Chairman Davis stated he would entertain a motion on PZ 98-31 which will include all the information just outlined, the letter submitted to the Commissioners, the concurrence that Dove Way will align with Trinidad. Mr. Bowen, seconded by Mr. Nehring made the motion to approve PZ 98-31. Chairman Davis asked if everyone was clear what elements would be a part of the PD and everyone acknowledged yes. The motion carried with a vote of 6 - 1. Messrs. Bowen, Nehring, Laubacher, Davis and Miller were in favor of this request. Mr. Lueck was opposed. Page 12 8/27/98 P & Z Minutes 11. PZ 98-37 PUBLIC HEARING TO CONSIDER REMOVING THE SIGN REGULATIONS FROM THE l:0NING ORDINANCE AND ESTABLISHING THEM AS A SEPARATE CITY ORDINANCE. APPROVED Chairman Davis opened the public hearing and asked for any proponents. Mayor Scoma explained that the City Council has decided to remove the sign regulations and landscaping ordinance from the Zoning Ordinance. He explained that many cities operate the same way. Council believes stability can be established in these two ordinances if removed from the Zoning Ordinance. An Ad-Hoc Committee has recently been formed that will review these two ordinances, and will report its recommendations, from a citizen's viewpoint to the City Council, a recommendation of an ordinance. The Council will then consider this ordinance for adoption. Once adopted, when issues go before the ZBA, the law as established by ordinance, will require an applicant to show a "hardship" and eliminates a great deal of subjectivity, to determining what actually constitutes a hardship. Mayor Scoma stated that it is not his or the Council's objective to exclude the P&Z, but instead solicit the Commissions support and collectively come up with the best ordinance for the City. Responding to a question, Mayor Scoma stated that on the night these regulations are removed from the Zoning Ordinance, the same ordinances would be adopted as stand alone ordinances until revisions are made. It is not the intention of the Council to have no sign or landscaping regulations in the interim. Mayor Scoma explained that the end result would be an updated land use plan, which is somewhat outdated. Chairman Davis explained that he believes he did not want this Commission to loose control over what he considers very integral components of planning. He continued by stating that his understanding of what the Mayor said is that any amendments to these ordinances would be given a cursory look and study by this Commission. He thanked the Mayor for his clarification and he wanted to record to reflect that he does not believe that this ordinance change is "politics working." Mr. Laubacher expressed disappointment that information from the Mayor regarding this issue had not been provided in a timely manner Mayor Scoma explained that the Ad-Hoc Committees would have their first general meeting the following week. Each committee will be seated and then each individual committee will establish their committee leadership, agendas and Page 138/27/98 P & Z Minutes schedules. They will be given a scope of work and a charter. There will be a representative from the P&Z Commission, Parks & Recreation Board and from the ZBA that will be a liaison with these groups. He hopes the committee's will . complete their work by January or February of 1999 "and give their reports to this Commission, who will then massage the proposed ordinances, and make a recommendation to the City Council. Seeing no additional proponents or no opponents, the public hearing was closed. Mr. Lueck, seconded by Mr. Blue, moved to approve PZ 98-37 provided the same ordinances are adopted the same night as stand alone ordinances until new regulations are adopted. The motion carried with a vote of 7 - O. Messrs. Lueck, Blue, Nehring, Laubacher, Davis, Bowen and Miller were in favor of this req uest. Page 14 8/27/98 P & Z Minutes 12. PZ 98-38 REQUEST OF DANNY MOBLEY FOR A SPECIAL USE PERMIT TO ALLOW AN AUTOMOBILE LUBRICATION CENTER ON LOT 4R, BLOCK 1, NORTH EDGLEY ADDITION. (LOCATED AT 4235 ROAD TO THE MALL) APPROVED Mr. LeBaron explained that Mr. Mobley owns and operates an auto car wash facility. He has an extra building in the back that he would like to convert into a lube center. A Special Use Permit is required since this property is situated within 200' of this request. Staff has not received any adverse comments regarding this request. Chairman Davis opened the public hearing and asked the applicant to come forward. Danny Mobley, 4235 Road to the Mall, presented this request, explaining that he is converting his existing detail shop into a lube center. Seeing no additional proponents, and no opponents, the public hearing was closed. Mr. Blue, seconded by Mr. Wood, moved to approve PZ 98-38. The motion carried with a vote of 7 - O. Messrs. Blue, Wood, Nehring, Laubacher, Davis, Bowen and Miller were in favor of this request. Page 15 8/27/98 P & Z Minutes 13. PZ 98-39 PUBLIC HEARING TO CONSIDER THE REQUEST OF LANKFORD EWELL FOR A SPEelAL USE PERMIT TO ALLOW-AN AUTOMOBILE LUBRICATION CENTER ON LOT 7, BLOCK F, RICHLAND OAKS ADDITION. (LOCATED AT 8208 GRAPEVINE HIGHWAY) APPROVED Mr. Baker explained that the applicant had originally applied for a Certificate of Occupancy for an auto lube center. Because the property is zoned C1 and within 200' of residentially zoned property, a Special Use Permit is required. Chairman Davis opened the public hearing and asked the applicant to come forward. Mr. Lankford Ewell, 8208 Grapevine Highway, presented his request explaining that he will be doing state inspections at this location and wants to offer an additional service. Seeing no additional proponents, and no opponents, the public hearing was closed. Mr. Bowen, seconded by Mr. Miller, moved to approve PZ 98-39. The motion carried with a vote of 7 - O. Messrs. Bowen, Miller, Wood, Davis, Laubacher, Nehring & Blue were in favor of this request. Page 16 8/27/98 P & Z Minutes 14. PZ 98-41 PUBLIC HEARING TO CONSIDER REMOVING THE LANDSCAPING REGULATIONS FROM THE ZONING ORDINACE AND ESTABLISHING THEM AS A SEPARATE CITY ORDINANCE. APPROVED The public hearing for this case was conducted simultaneously with PZ 98-37. Mr. Bowen, seconded by Mr. Blue, moved to approve PZ 98-41. The motion carried with a vote of 7 - O. Messrs. Bowen, Blue, Laubacher, Nehring, Davis, Miller and Lueck were in favor of this motion. Chairman Davis commended the Mayor, Council and Ad-Hoc Committee for their efforts and stated he looked forward to working with them in the future. Page 17 8/27/98 P & Z Minutes 15. STAFF COMMENTS Mr. LeBaron reminded,the Commissioners of the workshop on Monday, August 31, 1998 that went towards their required continuing education. 16. CITIZEN COMMENTS There were none. 17. ADJOURNMENT Having no additional business to conduct, the meeting adjourned at 10:35 p.m. CCR\'~J)~tJ Chairman Richard Davis 74,t/~1/~ Secretary, Ted Nehririg/ Page 18 8/27/98 P & Z Minutes