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HomeMy WebLinkAboutPZ 1998-10-22 Minutes MINUTES OF THE REGULAR MEETING OF THE PLANNING & ZONING COMMISSION OF THE CITY OF NORTH RICHLAND HillS, TEXAS OCTOBER 22,1998 -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 Doug Blue James Laubacher Mark Wood ABSENT Ted Nehring Ron Lueck CITY STAFF Deputy City Mgr. Acting Director Planner Recording Sec'y Asst. PW Director Staff Engineer Randy Shiflet Steve Norwood Christopher Baker Valerie Taylor Kevin Miller Julia Skare 3. CONSIDERATION OF MINUTES OF OCTOBER 8,1998 APPROVED Mr. Bowen, seconded by Mr. Laubacher moved to approve the minutes of October 8, 1998. The motion carried with a vote of 5 - O. Messrs. Bowen, Davis, Laubacher, Wood and Blue were in favor of this motion. Page 1 10/22/98 P & Z Minutes 4. PS 98-37 PUBLIC HEARING TO CONSIDER THE REQUEST OF RAY WILL FOR A REPLA T TO BE KNOWN AS LOT 1 R, BLOCK 1, YOUNG ADDITION. (LOCATED AT THE SOUTHEAST CORNER OF CUMMINGS DRIVE AND LOLA DRIVE) APPROVED Mr. Norwood explained that because this is residential property being replatted, a public hearing is required. The main issue associated with this plat is lack of fire protection to a portion of the property that will remain undeveloped. Staff recommends a Hold Harmless Agreement be executed if this replat is approved. All other engineering comments have been met. Chairman Davis opened the public hearing and asked the applicant to come forward. Ernie Hedgcoth explained that this property is being replatted into one lot to accommodate a church. Mr. Hedgecoff stated the applicant is not objected to signing a Hold Harmless Agreement for the lack of fire protection on the portion of property that will remain undeveloped and they have agreed with all other engineering comments. Responding to a question, Mr. Hedgcoth stated that the applicant was aware the existing utilities would be required to be capped off and has agreed to this. Seeing no additional proponents and no opponents, the public hearing was closed. Mr. Wood, seconded by Mr. Blue, moved to approve PS 98-37, subject to engineer's comments and the execution of a Hold Harmless Agreement regarding the fire protection. The motion carried unanimously, with Messrs. Wood, Bowen, Davis, Laubacher & Blue voting in favor of it. Page 2 10/22/98 P & Z Minutes 5. PS 98-44 REQUEST OF SCOTT KUNKLE FOR A FINAL PLAT OF LOTS 1 & 2, BLOCK 1, KUNKLE ADDITION. (LOCATED IN THE 7700 BLOCK OF MID-CITIES BOULEVARD) APPROVED Mr. Norwood explained that this 1.7 acre tract of land is zoned C 1-Commercial. There are some drainage issues associated with this plat that are being addressed. The applicant is in the process of getting letters from adjoining property owners accepting the runoff from this property. These documents will be obtained prior to the issuance of building permits. All other engineering comments have been addressed. Doug Long presented this request. He stated the applicant is in the process of obtaining the agreement with downstream property owners accepting this property's run off. He is aware that no building permit will be issued until this document has been obtained. Mr. Wood asked if there could possibly be some coordination between Mr. Kunkle's and Mr. Tadlock's masonry fences, stating that while this is not a platting issue, he would encourage the consistency of the two fences. Mr. Long stated that something could most likely be worked out between the two lots. Mr. Blue, seconded by Mr. Bowen, moved to approve PS 98-44, subject to engineers comments, and an executed letter from the downstream property owners acknowledging acceptance of runoff. The motion carried unanimously, with Messrs. Blue, Bowen, Laubacher, Davis & Wood voting in favor of this req uest. Page 3 10/22/98 P & Z Minutes 5. PS 98-45 REQUEST OF LARRY TADLOCK FOR A FINAL PLAT OF LOTS 1 & 2, BLOCK 1, TADLOCK ADDITION. (LOCATED IN THE 7700 BLOCK OF MID- CITIES BOULEVARD) APPROVED Mr. Norwood stated that this property is just west of the Kunkle Addition, which was just approved. It also will require letters from downstream property owners being obtained prior to the issuance of building permits. All other engineering comments have been addressed. Doug Long presented this request as well. He stated that Dr. Tadlock only has 20' of masonry wall required. The other lots are zoned AG-Agricultural, which don't require the screening wall. Mr. Davis stated that a house exists on Lot 10, so it has a residential use. While it may have an Agricultural zoning, it should be treated as residentially zoned property. Mr. Baker stated that the ordinance states it is the zoning district classification and not the use of the property that triggers the masonry screening wall requirement. The requirement of screening walls because of zoning districts is a zoning issue, not a platting issue. Mr. Wood stated that the Commission had bent on this plat by allowing 2 lots on this tract, which does not have frontage on a public road. Normally, at least 50' of frontage on a public road is required. Mr. Davis said that he believes a screening wall should be required along the agriculturally zoned property. Mr. Bowen, seconded by Mr. Blue, moved to approve PS 98-45, subject to engineers comments, an executed letter from the downstream property owners acknowledging acceptance of runoff, and requiring a masonry screening fence along Lot 10. The motion carried unanimously, with Messrs. Bowen, Blue, Laubacher, Davis & Wood voting in favor of it. Page 4 10/22/98 P & Z Minutes 7. PS 98-49 REQUEST OF DOUG GILLILAND TO VACATE LOT 6R, BLOCK 1, N09B HILL NORTH ADDITION FILED IN CABINET B, SLIDE 31 0, PLAT RECORDS, TARRANT COUNTY, TEXAS. (LOCATED AT 6999 PRECINCT LINE ROAD; HUNTINGTON SQUARE OFFICE PARK) APPROVED Mr. Norwood stated that instead of replatting this property Doug Gilliland has chosen to vacate a replat that was vacated in 1990. The applicant is asking that it be vacated and revert back to original plat from 1986. The vacation of a plat does save the applicant engineering expenses. And, there are no engineering issues associated with this. An ordinance, which was prepared by staff and the City Attorney vacating the plat from 1990, would be filed with the County. Mr. Wood, seconded by Mr. Laubacher, moved to approve PS 98-49. The motion carried unanimously, with Messrs. Wood, Laubacher, Blue, Davis & Bowen voting in favor of it. Page 5 10/22/98 P & Z Minutes 8. PZ 98-20 PUBLIC HEARING TO CONSIDER THE REQUEST OF RICK SIMMONS FOR A ZONING CHANGE FROM R7-MUL TI-FAMIL Y AND C1-COMMERCIAL TO PD-PLANNED DEVELOPMENT FOR INDEPENDENT SENIOR HOUSING ON TRACT 4A1, OF THE S. RICHARDSON SURVEY, A-1266. (LOCATED IN THE 8000 BLOCK OF DAVIS BOULEVARD) APPROVED Mr. Norwood explained that this is a proposed Planned Development for Independent Senior Housing. This project falls in the boundaries of the Little Bear Creek Corridor and additional development regulations are required for this project because of this. Mr. Norwood stated that the developer has responded to all of these requirements and has redesigned his project to accommodate these additional requirements. Mr. Norwood stated that staff would like to see a deed restriction limiting the age of residents to 55 years of age and older; the applicant has agreed to this as well. Chairman Davis opened the public hearing and asked the applicant to come forward. Mr. Rick Simmons, 1400 Ramsgate, Southlake, presented his request. Mr. Simmons stated that he has worked closely with city staff and complimented specifically the Planning and Engineering departments. Mr. Simmons explained that he has read the Little Bear Creek Corridor in its entirety and has worked diligently with the Parks department. He has tried to maximize the buffer between the actual corridor and the proposed buildings as well as meet the requirements of the buffer between the multi-family and single family classifications. He stated that the average distance between the back of the residential lots that abut his project is about 140' on average. Additionally Mr. Simmons was able to save 55 of the existing 56 trees. Mr. Simmons explained that he met with the Fire Chief on Monday, and has accommodated the fire departments needs. The buildings are 3-story and will be sprinkled. This project will consist of 240 units; 120 are 2-bedroom, 2-bath; 120 are 1- bedroom, 1-bath; they will all be designed to meet ADA requirements. The theme of the project is a 6,000 square foot clubhouse. It will be a central facility, accommodating the dining room and entertainment center; an exercise & rehabilitation facility, library and there will be several examination rooms for blood pressure monitoring. Page 6 10/22/98 P & Z Minutes The majority of the trees that were saved are just behind the clubhouse, which backs up to the creek. In this area is where the outside amenities will be located , which includes a walking trail, which he believes compliments the Little Bear Creek Corridor. Additionally Mr. Simmons met with the area residents and has agreed to eliminate the parking between this development and the rear yards of the existing subdivision. This is being replaced with green space, which they will berm and put in 600 inches of calipers of trees. He has a signed agreement with some of the people he was able to meet with, which states that they are requesting 3"-4" Live Oaks or Aristocrat Pears. They also requested that the lighting on the jogging trail be eliminated, and this has been done as well. The masonry fence on the west boundary has been extended to the corridor line. There will be 380 parking spaces and will be sufficient for this facility. One- bedroom units will be restricted, by deed to only one vehicle. In closing, Mr. Simmons stated that he is very proud of this development; stating that his mother will be one of the first residents. Responding to a question, Mr. Simmons stated that he is willing to file deed restrictions limiting the age of residents to 55 years of age and older. The Federal Fair Housing Act requires this stipulation as well. Chairman Davis called for additional proponents. Ms. Leslie Jauregui, 7812 Ember Oaks Drive, stated she wasn't for or against this project, only had some questions she'd like addressed. She asked if there was any recreational vehicle parking proposed. Mr. Davis stated that nothing on the site plan indicated RV parking. She was concerned about the Girl Scout's property abutting this project, but was assured that property would not be affected. She also voiced concerns over the age restrictions being lifted in the future. Mr. Davis explained that the age requirements would be a part of the ordinance, so if they quit restricting age limits, they would be in violation of the zoning code. Any new owner would have to abide by the zoning in place. Additional concerns Ms. Jauregui had, which were addressed were lighting, and dumpster screening, which she learned will be totally contained. Page 7 10/22/98 P & Z Minutes Seeing no additional proponents, and no opponents, the public hearing was closed. Mr. Blue asked if the 380 parking spaces would be adequate for this type facility. Mr. Baker stated that parking requirements for multi-family projects are 1 space per efficiency unit; 2 spaces for a one-bedroom unit, and 2.5 spaces for every 3- bedroom unit or larger. Mr. Davis stated that they are proposing one space for every one-bedroom unit and 2 spaces for every 2-bedroorn unit. 120 of the units will be 2-bedroom units. The consensus of the Commission was that majority of retired couples would probably be one-car families. Chairman Davis stated he would entertain a motion on PZ 98-20, including the revised site plan, the revised elevation view, the floor plans submitted, the agreement between the developer and residents of abutting property, the reduction of parking to 380 spaces, that the masonry wall on the west property line only extends to the corridor line, as requested by Public Works, and deed restrictions are filed with Tarrant County prior to building permits being issued for age limits of 55 years of age and greater. Mr. Wood, seconded by Mr. Blue, moved to approve PZ 98-20 as outlined by Chairman Davis above. The motion carried unanimously. Messrs. Wood, Blue, Bowen, Laubacher and Davis were in favor of this request. Page 8 10/22/98 P & Z Minutes 9. PZ 98-49 PUBLIC HEARING TO CONSIDER THE REQUEST OF ROBERT & GINGER WARD FOR A CHANGE OF ZONING ON LOT 1, BLOCK 1, BA THMAN ADDITION. (LOCATED AT 7813 SMITHFIELD ROAD) APPROVED Mr. Norwood explained the applicant is requesting R1 S-Special Residential for a new home. He stated that this property is surrounded by residentially zoned property and is also adjacent to Green Valley Elementary School. Staff does not believe this zoning classification is compatible since the R 1 S classification would allow livestock. Chairman Davis opened the public hearing and asked the applicant to come forward. Mr. Robert Ward, 8112 Autumn Run, NRH, presented his request, stating that they plan on constructing a single family home. Mr. Davis explained that the R1S is the Commissions concern. The livestock or horses that this classification would allow is not compatible for this area. Mr. Ward stated that he would like to amend his request to R1-Residential. Mr. Wood asked Mr. Ward if he was aware of the outstanding covenants associated with this property. Mr. Ward stated that when he closed on this property, an escrow was paid to the City. Staff told Mr. Ward that the street and sidewalk covenants have not been met. Mr. Ward said that Mr. Bathman has paid $23,970.00 into escrow and he does have a receipt for it. Staff informed the Commission that research through finance would have to be done. Perhaps it had been paid and not credited properly. Page 9 10/22/98 P & Z Minutes Seeing no additional proponents, and no opponents, the public hearing was closed. Mr. Bowen, seconded by Mr. Wood, moved to approve PZ 98-49, for R1- Residential. The motion carried unanimously with Messrs. Bowen, Wood, Davis, Blue and Laubacher voting in favor of this request. Page 10 10/22/98 P & Z Minutes 10. STAFF COMMENTS There were none. 11. CITIZEN COMMENTS There were none. 12. ADJOURNMENT Having ':0 additional business to conduct, the ~ed at 8: \~ U Chairman Richard Davis Secretary, Ted Nehring Page 11 10/22/98 P & Z Minutes