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HomeMy WebLinkAboutPZ 1997-05-08 Minutes MINUTES OF THE REGULAR MEETING OF THE PLANNING & ZONING COMMISSION OF THE CITY OF NORTH RICHLAND HILLS, TEXAS MAY 8,1997 - 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 Don Bowen Ron Lueck Charles Owen Richard Davis Paul Miller Ted Nehring CITY STAFF Planning Director Recording Secretary Planner Barry LeBaron Valerie Taylor Bill Longnecker 3. CONSIDERATION OF MINUTES OF APRIL 24, 1997 APPROVED Mr. Lueck made the motion to approve the minutes of the April 24, 1997, meeting. The motion was seconded by Mr. Owen and carried 7 - o. 1 4. PZ 97-18 PUBLIC HEARING TO CONSIDER THE REQUEST OF PAO L Y FOR REZONING FROM AG AGRICULTURAL TO R-1-S SINGLE FAMILY RESIDENTIAL, ON PART OF TRACT 18A5, S. RICHARDSON SURVEY, A- 1266. (LOCATED AT 8805 RUMFIELD ROAD) APPROVED Mr. LeBaron explained that Mr. Ly is requesting to rezone approximately 1.4 acres of the 2.9 he owns at 8805 Rumfield Road to build a home. The entire tract is currently zoned AG Agriculture and Mr. Ly's request is for the west 1.4 acres to be changed to R-1-S. Mr. LeBaron stated this does coincide with the Comprehensive Land Use Plan of the City. Chairman Barfield opened the public hearing and asked any proponents to come forward. There being none, Chairman Barfield called for any opponents. There being none the public hearing was closed. In response to a question, Mr. LeBaron stated that a preliminary plat had been submitted and that Mr. Ly is only rezoning and platting the portion of the property that he wants to build his home on. The remainder of the property will remain AG Agriculture. Mr. LeBaron stated that Mr. Ly was aware he could rezone the entire tract of land, but chose to leave the remainder zoned AG. Mr. Davis made the motion to approve PZ 97-18 as requested. Mr. Owen seconded the motion and it carried 7 - O. 5. PZ 97-19 PUBLIC HEARING TO CONSIDER THE REQUEST OF TIMOTHY SAMSILL FOR REZONING FROM R-2 SINGLE FAMILY RESIDENTIAL TO C-2 COMMERCIAL, ON LOT 6, BLOCK 4, RICHLAND TERRACE ADDITION. (LOCATED AT 4704 SUSAN LEE LANE) DENIED Mr. LeBaron explained that Mr. Samsill is requesting a zoning change on his property from R-2 Single Family Residential to C-2 Commercial. Mr. Samsill has provided an affidavit stating that Mr. Huggins can represent him on this zoning change request. It is staff's assumption that Mr. Huggins intention, if this zoning change is approved, is to purchase Mr. Samsill's property and expand his car dealership. Mr. LeBaron stated the Commission might want clarification on this 2 in the applicant's presentation. Mr. LeBaron suggested the Commission verify whether used cars or new cars would be sold. Chairman Barfield opened the public hearing and asked the applicant to come forward. Mr. Steve Harrison, 4708 Holiday Lane West, presented this request. He explained that Mr. Huggins had lost quite a bit of frontage with the Loop 820 expansion. Mr. Harrison explained that Mr. Samsill had offered Mr. Huggins an option of purchasing his property if he could get it rezoned to be utilized as commercial property. Mr. Harrison stated that Mr. Huggins is offering fair market value for this property; he stated Mr. Huggins has also made an offer to the neighbor directly across the street from Mr. Samsill, Mr. Mike Wilson, but an agreement has never been met. Mr. Tim Samsill, applicant, spoke in favor of this request. He explained that with the expansion of the Loop he has lost all his privacy and the lights from the car dealership and freeway light his yard up at night so much that he "can mow in the dark and never miss a strip." Chairman Barfield asked for any additional proponents. There being none, Chairman Barfield asked for any opponents. Mr. Mike Wilson, 4705 Susan Lee Lane, presented the Commission with a petition of 28 signatures and pictures detailing the lights shining on his property at night from the car dealership, the flag poles sitting directly behind his house, and pictures of cars from the dealership being test driven up and down Susan Lee Lane. Mr. Wilson explained that Mr. Huggins has approached him, originally eight years ago, for the acquisition of his property also; however, a solid offer had never been made. Mr. Wilson stated the lights from the dealership light up his house and yard at night and he "can mow his grass in the dark without missing a blade." The P.A. system from Huggins can be heard well into the night and stated they can even hear Hudiburg Chevrolets P.A. system. The flags flapping in the wind are enough to keep you awake at night. Additionally, Mr. Wilson doesn't believe that piece meal zoning is the approach to take in this matter. Mr. Wilson pointed out that the property to the southeast owned by Mr. Huggins is not maintained. Pictures Mr. Wilson presented detailed the neglect of this lot. His pictures also detailed Mr. Huggins personal boats and "Legend" car trailer being stored on this property. Mr. Wilson stated there are approximately 20 children in this neighborhood, not counting the Samsill's. Mr. Wilson has been told by numerous neighbors that 3 i · I they are concerned for the safety of these children and the neighbors are seriously concerned about their kids continuing to come to his house and play with his kids should this request be granted. He stated that several weeks ago he had approached one of the City Council persons and voiced his concerns to her. He said this council person told him she believed Mr. Huggins had a 1000lb chance of getting his request approved. Mr. Wilson said he asked this council person if that meant that they, as a neighborhood, were voices that would not be heard; Mr. Wilson said the council person informed him that they could speak at the public hearing, but that ultimately Mr. Huggins would win. Mr. Billy Griffin, 4801 Susan Lee Lane, stated his opposition to this case citing the bright lights, loud P.A. system and flashing lights from tow trucks at all hours of the night. Mr. Griffin believes Mr. Huggins is trying to intimidate the surrounding neighbors and believes Mr. Huggins should be forced to buy all the homes at fair market value and "not let him strong arm the community." Mr. Griffin stated he has lived at this address since 1965. Mr. Starr Autry, 4800 Susan Lee Lane, stated that allowing this zoning change would devalue the remainder of homes tremendously - their values have already been affected from the noise of the P.A. system, bright lights and the transport trucks unloading cars onto Susan Lee Lane. Mr. Autry is opposed to this request. Mr. Autry has lived at this address for 24 years. Mr. Robert Bauchman, 4804 Nancy Lane, voiced concerns for increased traffic and is opposed to spot zoning and this request. Mr. Ron Childers, Nancy Lane, asked the Commission for "no piece meal zoning" and stated he concurred with all the others regarding the lights and P.A. system. He stated his home is paid for, and has been for some time, and he has no where else to go. He is opposed to this request. Mr. Phillip Wekester, 4808 Susan Lee Lane, spoke in opposition to this request. Ms. Kim Thomas, 4824 Nancy Lane, stated that an attorney from Huggins Honda had approached her and told her that she would be sued if they opposed this request. The Commissioners asked her to clarify that statement; she stated that an attorney, stating that he represented Huggins Honda, came to her door and informed her of the public hearing. She is not within the 200 square foot radius for notification; he informed her that she would be sued if she opposed this request. After that visit, Ms. Thomas started asking questions around the neighborhood and found out what was being requested. She is opposed to this request. 4 Ms. Alisa Hedeger, 4825 Susan Lee Lane, stated that they had sold a custom home which had been built for them and bought this house to enable her to stay home with her young child. She doesn't want to have to face moving again, and having to return to work. She moved to North Richland Hills believing it was a nice community to raise a family in. She is opposed to this request. Ms. Shirley Tearroff, 4709 Nancy, is opposed to piece meal zoning and to this zoning change request. Chairman Barfield called for any additional opponents. Mr. Mike Wilson, approached the podium again and asked everyone in the audience that had received notification from the City regarding this case and was opposed to stand up. He then asked for any surrounding neighbors, that had not received notification from the City, but were opposed to stand up. The majority of the audience was standing. Mr. Wilson closed by stating that approval of this zoning request would be a "silent condemnation of their property." Chairman Barfield asked for any additional opponents. There being none the public hearing was closed. Chairman Barfield stated that he would like to hear each Commissioners thoughts on this issue individually. Mr. Miller agreed that this would be "piece meal zoning" and is opposed to this. Mr. Lueck believes a situation like this warrants handling the same way the Strummer Drive zoning change was handled; table this request tonight and have town hall meetings to try and find the best solution for all involved. Mr. Lueck sees this property inevitably going commercial. Mr. Bowen is consistently against piece meal zoning and can't vote for this, he believes it will devalue the entire area. Chairman Barfield agreed with the other Commissioners. He believes this should be looked at as a whole area, and doesn't believe that can be accomplished in this meeting this evening. He believes that a Town Hall Meeting, similar to the way the Strummer Drive case was handled, would be better suited for this agenda item. Chairman Barfield also sees this property eventually going commercial. He then asked for a show of hands for everyone interested in conducting a town hall meeting, to try and reach a resolution to this. The majority of interested parties raised their hands. 5 Mr. Nehring stated that while he too sees this property inevitably going commercial, it should not be done piece by piece, it should be done as a blanket zoning, protecting all the neighbors. Mr. Owen stated that this property has been on the master plan as residential for years and these folks bought homes based on this plan. He believes the expansion of the Loop has caused enough devaluation already. He doesn't believe lot by lot is the way to go with this, and that staff should play an active part in working out a solution. Mr. Davis stated that this is "spot zoning to the ultimate definition of what spot zoning is." He concurs that inevitably this property will be commercial, but concurs with the remainder of the Commission that a better way will have to be found to resolve this issue. Mr. Davis believes that spot zoning will devalue the surrounding property and, the integrity of the neighborhood should be protected. Additionally, Mr. Davis stated that if Mr. Huggins is not living up to the restrictions placed on him at the time of his original public hearing in 1984, it should be stopped immediately. Mr. Davis made the motion to deny PZ 97-19. The motion was seconded by Mr. Nehring. Chairman Barfield asked Mr. Davis if he would consider tabling this request; Mr. Davis stated no, he would not amend his motion. He doesn't believe it is the City's job to go out and try and buy a lot of property. He also believes that this agenda item needs to be acted on now. Chairman Barfield asked Mr. LeBaron if he could arrange a Town Hall meeting. Mr. LeBaron responded that if given some direction, it could be done. It was determined that the Town Hall Meeting should be conducted before the end of summer and informed all interested parties to stay in touch with Mr. LeBaron's office for updates. Chairman Barfield called for a vote on the motion and second that had been made, and the motion carried 7 - O. 6 6. PZ 97-20 PUBLIC HEARING TO CONSIDER THE REQUEST OF BILL STIMMEL FOR REZONING FROM R-3 SINGLE FAMILY RESIDENTIAL TO C-2 COMMERCIAL ON TRACT 2M2, M. LYNCH SURVEY, A-953. (LOCATED AT 6646 HARMONSON ROAD) APPROVED Mr. LeBaron explained this property is currently zoned R-3 Single Family but has commercial zoning surrounding it. He explained the applicant has stated that a Landscaping business is proposed for this location, if this request is approved. Chairman Barfield opened the public hearing and asked the applicant to come forward. Mr. Bill Stimmel, Mike Bowman-Century 21 Realtors, presented this request. He stated that the buyer of the property does want to operate an lawncare and landscaping business from this location. Mr. Robert Kline, prospective buyer, stated that he would be placing his landscaping business at this location. There will be an office fronting on Rufe Snow, which will have the appearance of a home. There will be a front porch and overall country appearance. There will be a screening fence next, and behind this fence will be a storage area and green house. Mr. Kline has approximately 30 employees and 10 company vehicles that would be screened from view in the evenings. Chairman Barfield called for any additional proponents. Mr. C.R. Pennington, current owner of this property spoke in favor of this request. Chairman Barfield called for any additional proponents. There being none, Chairman Barfield called for any opponents. There being none, the hearing was closed. Mr. Lueck believes this is an area that is going to be re-developed and would personally prefer to see this property zoned C-1 with a Special Use Permit to allow this landscape business. Mr. Lueck feels the C-1 zoning category would leave the city with more control than the C-2 Commercial, referencing the "OK sod" problem, just recently resolved. Mr. Davis believes C-2 is compatible with the existing zoning in the area; he also questioned the type of fencing that would be used along Harmonson Road. 7 Because the residential homes are separated by Harmonson Road, the usually required masonry screening wall between commercial and residential properties is not required in this instance. Mr. Davis made the motion to approve PZ 97-20, provided a six foot cyclone fence with solid in-field panels along Harmonson Road be required. Mr. Bowen seconded the motion and it carried 6 - 1. Mr. Lueck was opposed to this motion. 7. PZ 97-21 PUBLIC HEARING TO CONSIDER THE REQUEST OF E-SYSTEMS, INC., POOL TRUST FOR REZONING FROM C-1 COMMERCIAL TO R-7 MULTIFAMILY, ON PART OF BLOCKS 1 & 2, EL DORADO ADDITION. (LOCATED AT 5205 & 5206 NEWMAN DRIVE) DENIED Mr. LeBaron explained that approximately 25 acres of this 28 acre tract is currently zoned R-7 Multi-Family and has been for many years. The property fronting Harwood Road is about 150 feet deep and is zoned C-1 Commercial and has been for many years as well. E-Systems would like to rezone this small portion of commercial property to R-7 Multi-family to make the property more marketable. Chairman Barfield opened the public hearing and asked the applicant to come forward. Mr. Bill Strange, Counsel for E-Systems Pool Trust, explained that this property had been purchased in the early 80's with the existing zoning. Mr. Strange believes that this commercial property is too shallow to develop, or even sell, as commercial. They are requesting the zoning change to bring the entire tract into one uniform zoning category to avoid having to slice up the property in order to sell it. Mr. Strange explained that he does have this property under contract with Mr. Roy Mirand, an experienced apartment developer; after preliminary engineering and planning, Mr. Mirand's finalization of his site plans depends on the outcome of this case tonight. Mr. Strange explained that the east half of the property (parcel 2) would be developed first. The average rental rate for these units will be $700.00 a month. A portion of these units will have garages, others will have carports. The density works out to 15.92 units to the acre - for a total of approximately 216 units. 8 I ' Mr. Lueck explained that he is opposed to any additional Multi-family zoning, of any nature, in this City. He calculated in that 150' area currently zoned commercial, 48 additional units could be constructed; Mr. Lueck would be opposed to one additional unit. Mr. Lueck believes that apartments ultimately cost the city money. In response to a question Mr. Strange stated that if this zoning change isn't approved, he is uncertain whether Mr. Mirand would pursue the purchase of this property. However, they would continue to market the property as Multi-family. Mr. Roland Freeman, the apartment consultant for the developer, stated that the average unit size will be 870 square feet - the smallest unit will be 666 square feet and the largest unit will be 1267 square feet. The average rental on the complex will be $740.00. The actual density on phase I of this development will be 14.9 units to the acre. This is proposed to be a gated community with 100 units having garages, and additional units having covered parking. Chairman Barfield called for any additional proponents. There being none, Chairman Barfield called for any opponents. Mr. Randy Burke, lives in the housing addition to the west of this property. Stated he was unaware that there was any multi-family zoning in this area; he is opposed to this zoning change, no matter how small it is. Mr. Gene Hammond, would prefer the zoning on this portion of the property remain commercial. Ms. Karen Cooper, 5325 Colorado, believes the area is already saturated with apartments. The traffic will only get worse on Harwood Road and believes the loss of privacy to the property owners would be tremendous. She is opposed to this request. Mr. Michael Hart, 5344 Colorado CT., believes too much vandalism already exists and this would only worsen with more apartments. The traffic is already congested and doesn't want it to get any worse. Mr. James Perry, is opposed to this request. He complained of the increased vandalism from Northridge Apartments and doesn't want any more apartments built in this area. The Commissioners pointed out to the audience that this property already carries the multi-family zoning, and that today, apartments could be built, at 16 units to the acre. The property fronting on Harwood Road is only 150' deep and is the only portion of the property in question tonight. 9 Mr. Lynn Phillips, 8349 Emerald Cr., also was unaware that multi-family zoning existed and is opposed to this request, stating that if nothing else, maybe this small portion of commercial zoning will deter any development. Doug Ferris, 5313 Colorado CT., said he was "incensed" by this entire situation. He believes the notification radius for zoning cases should be greater than 200'. He also is opposed to this request. Chairman Barfield called for any additional opponents. There being none, the public hearing was closed and Chairman Barfield asked for comments for each Commissioner. Mr. Davis believes that density and traffic are valid issues however, the property is zoned for multi-family now. He believes the commercial property is too shallow for any commercial development and would rather see a nice, lower density development built in this area. Since the Commissioners will have to view the site plan before a building permit is issued, the Commission will have more control over the type of development going in there. Mr. Owen stated that what he would like to see, ideally, would be add an additional 150' to the existing commercial property and develop that as commercial, then the remainder of the property as multi-family. But that's not an option - so he believes this small portion should be combined with the remainder of the property. Mr. Nehring believes this property will inevitably become multi-family and agrees with the zoning change request. Chairman Barfield agrees that although he would prefer to see this property develop as commercial, it's just too shallow to for it; so instead of keeping this small area separate and potentially undeveloped, he believes it should be combined with the remainder of the property. Mr. Bowen is opposed to any more multi-family zoning. He stated that this zoning change would add 48 additional units and he is opposed to it. Mr. Lueck stated that "if it puts one more car in front of him at a red light, he's against it." He is opposed to this request. Mr. Miller stated that he is opposed to this request as well. Chairman Barfield asked the applicant if they would consider increasing the depth of the commercial property. 10 Mr. Strange replied that if he had to make a decision now, no, they would not consider that; he doesn't believes it's the "best use" for this property. Mr. Bowen made the motion to deny PZ 97-21. Mr. Lueck seconded the motion and it carried 7 - O. 8. CITIZEN COMMENTS There were none. 9. ADJOURNMENT There being no further business to conduct the meeting adjourned at 9:40 p.m. -;( c;?~ Secretary, Charles Owen 11