HomeMy WebLinkAboutPZ 1992-01-09 Minutes
MINUTES OF THE REGULAR MEETING OF THE
PLANNING AND ZONING COMMISSION OF THE
CITY OF NORTH RICHLAND HILLS, TEXAS
JANUARY 9, 1992 - 7:30 P. M.
CALL TO ORDER
The meeting was called to order by
Chairman James Brock at 7:30 P.M.
ROLL CALL
PRESENT:
Chairman
Vice Chairman
Secretary
Members
Dir. Community Dev.
Building Official
P & Z Coordinator
James Brock
David Barfield
Don Bowen
Ron Lueck
Don Collins
Pat Marin
Paul Miller
Barry LeBaron'
Steve Pence
Wanda Calvert
ABSENT:
Wayne Moody
CONSIDERATION OF THE MINUTES
OF DECEMBER 10, 1991
Ms. Marin made the motion to approve
the minutes as written. This motion
was seconded by Mr. Lueck and the
motion carried 5-0 with Brock and
Miller abstaining since they were not
present at the meeting.
Chairman Brock moved item #14,
Election of Officers, to the first of
the Agenda.
14. ELECTION OF OFFICERS
The same officers were unanimously
elected for another year. They are as
follows:
Chairman - James Brock
Vice Chairman - David Barfield
Secretary - Don Bowen.
1. PZ 91-27
Review of Draft Comprehensive Master
Plan for the City of North Richland
Hills.
Ann Zada with Planning Resourses Group
came forward. She said they have been
working on this for about a year. She
showed the Land Use Plan of the
Comprehensive Master Plan. Ms. Zada
stated they started out by doing an
inventory of all the existing land use
Page 2
P & Z minutes
January 9, 1992
in North Richland Hills. She said
they divided the city into 5 sectors
with a map of the existing zoning in
each sector. There were Public
Hearings held for each sector. Ms.
Zada stated they had a joint meeting
with Planning and Zoning Commission
and the City Council in November and
out of that meeting, there were 14
changes requested. She showed each
change on the map. They were:
1. In Little Bear Creek Sector, it
was felt that most of the northern
section of the city would be
residential and felt there was too
much commercial. Ms. Zada said the
consensus at the last meeting was that
the intersection of Davis and North
Tarrant Parkway and the intersection
of Smithfield and North Tarrant
Parkway would be the two locations on
this road for commercial development.
She said that previously there had
been some commercial along Wilson Road
and North Tarrant Parkway with a bank
of moderate density residential; that
has been removed and changed to single
family residential.
2. On Smithfield Road, on the
previous map, this road intersected
with Bursey Road at two locations
causing two "T" intersections. She
said it was felt this should be
smoothed out into a smooth curve.
3. South of North Tarrant Parkway,
this was previously shown as moderate
density residential, but now feel this
would be more appropriate as single
family residential.
4. North of Starnes Road, there are
two locations for some future
retention ponds to try to deal with
some of the flooding problems in this
sector. Previously the pond to the
north was to be made larger, but due
to the development of single family
residential in the area there is not
adequate space for it to be as large
as it had been proposed.
Page 3
P & Z Minutes
January 9, 1992
5. In the College Sector, there is a
piece of land noted as moderate
density residential, but they feel
this would be more appropriate along
Davis as commercial.
6. The property shown in this area,
owned by E-Systems, has mixed uses;
the AEGON Office area has some
commercial; off Davis, it shows some
moderate density residential; this
should be coordinated with the
Comprehensive Plan.
7. There is a small subdivision here
that was previously known as moderate
density residential which has recently
been rezoned and is being developed as
single family residential.
8. This change has to do with the
collector street, Holiday Lane.
Previously on the map, we realigned
Holiday Lane to go directly north
intersecting with Watauga Road. There
was concern at the last meeting that
Fort Worth Christian School needed a
collector road in order to service
that area. Ms. Zada said on the
original Thoroughfare Plan Holiday
Lane does go up around the school, so
they put it back on the map the way it
was originally planned.
9. This change is in the area next to
Iron Horse Golf Course just at the
edge of the city limits. This land
was previously shown as high density
residential, but they felt it would be
more appropriate as a commercial use.
10. Southeast of Industrial Park
Boulevard, there was some industrial
land which is now being developed as
commercial.
11. The church property next to
Northeast Loop 820 had previously been
shown as commercial. It was noted it
should be shown as church property.
12. Below the church property and
adjacent to the golf course property,
the Park Plan shows 10 acres for a
future site for a park. It was the
consensus at the last meeting that
there was not 10 acres there to be
Page 4
P & Z Minutes
January 9, 1992
developed as a park so this was taken
off of the future plan.
13. At the last meeting it was noted
there was a park next to Northeast
Medical Center. This has been noted
on this map.
14. Last change was a collector
street just above Glenview was shown
further south. It was requested this
be moved back up to where it was shown
on the Thoroughfare Plan in the mall
area.
Chairman Brock stated we are not
approving this plan tonight.
Ms. Zada said they would have a Public
Hearing in the future and all the
people who attended the sector
meetings will be contacted about this
Public Hearing.
Chairman Brock said we need to set a
date, January 30th at 7:00 P.M., for
this Public Hearing.
PZ 91-27
Mr. Barfield made a motion to schedule
a Public Hearing for January 30th,
1992 at 7:00 P.M. This motion was
seconded by Ms. Marin and the motion
carried 7-0.
2.
Discussion with Mr. Charles Dooley
regarding proposed changes in Zoning
Ordinance #1080 to allow a LPG filling
station within one or more zoning
districts.
Mr. Dooley was not present.
Mr. LeBaron stated he and Mr. Pence
had talked with Mr. Dooley about
having a LPG filling station in North
Richland Hills. He said Mr. Dooley
would like for P & Z to consider
changing the Zoning Ordinance to allow
a LPG filling station somewhere within
the ordinance. Mr. LeBaron said, at
this time, one is not allowed. He
Page 5
p & Z Minutes
January 9, 1992
said people are having to go to other
cities to get their propane tanks
filled for charcoal grills, for
recreational vehicles, and for
swimming pools. Mr. LeBaron said
recently there was some State
Legislation passed that requires
public entities such as cities,
schools, and counties, that within the
next few years, a certain percent of
their fleet become energy efficient
and Mr. Dooley would like to be ready
to take care of that demand.
Chairman Brock said there would have
to be a Public Hearing in order to
make this change.
Mr. Lueck said he felt there was no
reason not to have this allowed.
Mr. Barfield said he felt this is a
fire issue. He said since these tanks
are above ground, he felt they would
be more hazardous than regular gas
stations.
Chairman Brock said the Fire Code
would also have to be amended.
Mr. Miller asked if there would be
trucks there.
Mr. LeBaron said Mr. Dooley plans to
have a 1,000 gallon tank. Mr. LeBaron
said he would contact Mr. Dooley to
see if he could come back in two weeks
at our next meeting to discuss this
with P & Z and in the mean time, maybe
we can come up with a proposed
ordinance.
Chairman Brock asked if we could
schedule a Public Hearing.
Mr. LeBaron said there would not be
enough time for the notice in the
newspaper, but we could schedule it
for the first meeting in February.
Page 6
p & Z Minutes
January 9, 1992
3.
PZ 91-25
Public Hearing for consideration of an
amendment to Zoning Ordinance #1080
regarding R-8 Zero Lot Line Single
Family Residential Zoning.
Chairman Brock stated this was an
issue the City Council put a
moratorium on. He said a new
ordinance has been drafted for the R-8
zoning classification.
Mr. LeBaron said this came about as a
result of the moratorium passed by the
City Council in November in regards to
the zero lot line zoning which allows,
in addition to zero lot line houses,
R-3 type uses. He said R-3 zoning
district allows a 6 foot side yard and
there was concern that there was a
loop hole in our zoning ordinance as
it relates to the zero lot line
district which might allow a sliding
scale of zero lot line up to 6 feet,
and that loop hole could continue to
create problems in the future as it
relates to the different types of
housing units that could be
constructed in a zero lot line zoning
district. Mr. LeBaron said in other
cities, zero lot line districts
require that one of the walls of the
house be placed precisely on the
property line and they generally
require, as our proposed ordinance
requires, that that wall not have any
openings at all. He said this is
because it is so close to the adjacent
property. Mr. LeBaron said one of the
purposes for having zero lot line is
the lot cost, because the lots are
small and you have eliminated one side
yard. It allows for single family
detached homes to be built at a lower
unit cost. He said, also, that
traditionally you find that zero lot
line is an infill development meaning
you do not find it out on the edge of
undeveloped property; you would find it
in pockets where 3 or 4 acres have
Page 7
been left over because of the shape of
the property where the market would
not substantiate R-2 zoning. Mr.
LeBaron said the proposed ordinance
would require in the future that any
homes built must be on the property
line or 3 feet, not 1~ or 2 feet; it
would be either on the line or 3 feet
off.
Chairman Brock opened the Public
Hearing and called for anyone wishing
to speak in favor of this proposed
ordinance to please come forward.
There being no one, the Chairman
called for those wishing to speak in
opposition to this ordinance to please
come forward.
John Volkman came forward. He said he
currently owns the remainder of the
R-8 lots in Holiday West Addition. He
said one concern he has, would this be
retroactive to subdivisions that
already exists. He said he would ask
that his subdivision be exempted from
this ordinance. Mr. Volkman said they
have already built, in the last 30
days, a model home which is at least 3
feet away from the property line. He
asked about windows.
Mr. LeBaron said the proposed
ordinance would not allow windows on
the side designated as the zero lot
line side whether it is on the
property line or 3 feet off the
property line.
Mr. Volkman said they have spent
almost $100,000 building a model home
which has windows on both sides. He
said if you change this ordinance and
have it affect his subdivision, he
would have a model home that could not
be offered to prospective buyers. Mr.
Volkman stated that his company has
just completed a 65 lot development in
Grapevine, zero lot line homes. He
Page 8
p & Z Minutes
January 9, 1992
said they had been there for 3 years
and have seen an average of 25
prospective home buyers a week which
would compute to nearly 4,000
prospective home buyers. Mr. Volkman
said almost never do they have anyone
wanting the windows blocked out on one
side of their house. He said when you
remove the windows on one side of the
house, you eliminate the possibility
of having bedrooms on that side of the
house because of the fire code. He
said you have put grievous limitations
on design possibilities in your zero
lot line subdivision. He said in the
current economic situation they don't
need any limitations on their design
possibilities. He said they need to
provide what the prospective buyer
wants. Mr. Volkman said the
prospective buyer wants the maximum
amount of distance they can get
between the houses. He said there
would be only 6 feet between the
houses.
Chairman Brock stated that is a 6 foot
minimum.
Mr. Volkman said most buyers want the
maximum size house for the lot. He
said the last thing you want is to be
jammed up against another house. He
said he hates to see limitations that
would tie the builder's hands behind
their back. Mr. Volkman said what you
have done with this ordinance is to
make the product harder to sell. He
said zero lot line is difficult to
sell as it is. He said one of the
problems you have putting the house on
the property line is when you want to
do maintenance, you have to go on the
guy's property next door. Mr. Volkman
said if you set 3 feet back, you can
get in there to paint your house. Mr.
Volkman said he could not see any
benefits to the changes in this
ordinance.
Page 9
P & Z Minutes
January 9, 1992
Chairman Brock said that is why we are
having this Public Hearing.
Mr. Volkman said they want to build
something that does not look like zero
lot line. He said they never mention
to the public anything about zero lot
line. He said if you mention a zero
lot line home, the public will say
they do not want a zero lot line home.
Mr. Volkman said they do not realize
it is zero lot line because they have
maintained a normal distance on each
side of the property.
Chairman Brock asked how far he was
from the property line.
Mr. Volkman said they will always be a
minimum of 3 feet on one side and 6
feet on the other side because of the
access easement. He said they will
attempt to have a minimum of 3 feet,
but they try to have 4 or 5 feet. Mr.
Volkman stated that FHA requires you
have a minimum of 10 feet between
houses and almost all these houses
will be financed through FHA or VA.
He said if you put a house just 6 feet
from the other house, you have just
eliminated the possibility of getting
the most popular financing. Mr.
Volkman said he feels the City Council
over reacted, but after they checked
into the type homes they were
building, the City Council were
satisfied and approve their plat.
Chairman Brock called for anyone else
wishing to speak in opposition to this
proposed ordinance to please come
forward.
There being no one, Chairman Brock
closed the Public Hearing.
Mr. Lueck stated this was a good
presentation, but if no one likes zero
lot line, maybe he should come in for
a zoning change.
Page 10
P & Z Minutes
January 9, 1992
Mr. LeBaron stated that zero lot line
allows lots with a minimum width of 40
feet, but if you go up to an R-3, you
would have to go with a wider lot and
a larger house.
Mr. Barfield asked are we building a
zero lot line or a small R-3. He said
it looks like we are creating another
zoning classification. He said this
is sort of a detached town house which
was popular 10 to 15 years ago. Mr.
Barfield said he has no problem with
setting off the lot line, but he does
have a problem calling it R-8 zero lot
line and allowing them to have windows
on both sides.
Mr. Pence said you cannot have windows
unless the wall is set back at least 3
feet from the property line.
Mr. Barfield said the Commission has
eliminated R-3 zoning except for
transitional zoning areas because we
wanted larger and nicer homes built in
our city.
Mr. Collins said he felt they needed
to table this for further study.
PZ 91-25
TABLED
Mr. Collins made the motion to table
PZ 91-25 to see if P & Z can study
this issue and get something worked
out. This motion was seconded by Mr.
Lueck and the motion carried 7-0.
4.
PS 91-19
Consideration of an ordinance for
Detention/Retention/Decorative Ponds.
This case was postponed at the October
10th, 1991 meeting.
Chairman Brock stated this is a draft
ordinance that P & Z postponed back in
October. He said they requested the
staff to work on this and to contact
Dan Boutwell with Planning Resourses
Group for his opinion as to how to
handle these ponds. Chairman Brock
Page 11
P & Z Minutes
January 9, 1992
stated there was discussions at
previous meetings about different
parts of the ordinance such as
fencing. He said P & Z felt that
sometime fencing would be needed and
sometimes not.
Mr. LeBaron stated this is an item
that P & Z has discussed and tabled
several times and each time you have
not come to a consensus. He asked
that they decide whether they want to
make an amendment to the ordinance or
what alternative they wish to
consider. He said the city staff is
waiting for your direction.
Mr. Barfield said he would like to see
the staff prepare an ordinance that
would allow and encourage the use of
detention or retention ponds at the
review process of the plat or site
plan of the property. He said he felt
they need to look at them on a case by
case basis. Mr. Barfield said
sometimes they could be decorative,
but sometimes there could be a need
for a fence.
Warren Hagan, Land Developer at 500
Grapevine Highway, Suite 472, Hurst,
Texas, came forward. He said he does
not have any problems working with the
ordinance, but there are certain areas
within the ordinance he would like to
discuss with P & Z and make some
suggestions. Mr. Hagan stated he had
been doing the work on The Lakes of
Summerset in Colleyville for Herman
Smith. He said there are 4 lakes
which are decorative lakes; in
Summertree, there are 4 small lakes
which are also decorative lakes. Mr.
Hagan said he is also working on
Monclair Park with Herman Smith which
will have 4 lakes which will be a
combination of detention pool and
permanent pool water. Mr. Hagan
stated he is also working with the
Page 12
P & Z Minutes
January 9, 1992
City of Colleyville on the Colleyville
Business Center which will have 5
lakes on either side of a main street
where they plan to put their library,
community center and municipal
building. He said those lakes will be
a combination of permanent pool of
water as well as detention
capabilities. He stated he has also
worked with the City of Keller so he
has had plenty of experience.
Mr. Hagan stated he has gone through
the ordinance and has some comments.
He said on page 4, Parameters, D.2
where you talk about the outlet
structure, he would suggest you not
limit that to just the requirement
that you control this discharge to
that increase in discharge resulting
in development of the land. He
suggests you leave that open so that
you, the city, can require a more
stringent requirement if the situation
warrants it or less stringent. He
said it should be more flexible. Mr.
Hagan stated that item D.11, "All
retention basins and decorative ponds
will require aeration systems be
installed" should have added "or have
a continuous flow of water." Mr.
Hagan said regarding fencing, if you
have a detention pond out in an
undeveloped area, it would be
appropriate to have a 6 foot high
chain link fence around it, but at a
golf course, it would be ridiculous.
Mr. Hagan stated that in The Lakes of
Summerset and Summertree, they put a
wall all the way around, then they
kept the ground adjacent to the wall a
foot below the top of the wall and put
a wrought iron railing along the top
of the wall which gives them about a
3~ foot protection against someone
falling into the lake. He showed
pictures of the different areas.
Page 13
p & Z Minutes
January 9, 1992
Chairman Brock asked Mr. Hagan if all
the developments he had been involved
with had some type of fencing.
Mr. Hagan said they did not. He said
some have combinations of the wall
with wrought iron and on the other
side a natural flow. He said in
Summertree there is a little different
approach, on one side you have the
wall and on the other side you have
this little 2 acre park area where the
ground is sloping down to the water.
Mr. Hagan said the builders were
required to install a wall back about
10 feet from the edge of the lake and
there is a concrete walkway and the
builders then installed their own
stone and wrought iron railing. He
said all these seemed to work very
well. He said it would be a crime to
put a 6 foot chain link fence in the
middle of that beautiful setting.
Chairman Brock said P & Z agrees with
Mr. Hagan that each case warrants a
review with different ways to handle
it.
Mr. Lueck asked Mr. Hagan if he was
working under any city regulations.
Mr. Hagan stated that the City of
Colleyville goes on a case by case
basis, they review each case
separately. He said he felt the
ordinance should say "the plans shall
include proper installation of walls
for proper protection."
PS 91-19
APPROVED
Mr. Barfield made the motion to
approve PS 91-19 with the exception
that it say that this ordinance be
heard on a case by case basis, that to
fence or not to fence be decided at
that time, and that detention or
retention ponds be a part of the
platting process. This motion was
seconded by Mr. Lueck and the motion
carried 7-0.
Page 14
P & Z Minutes
January 9, 1992
5.
PS 91-29
Request of Stanley Peskind with Rufe
Snow/Loop 820, A Texas General
Partnership for Final Plat of Lot 2,
Block 4, Tapp Addition. This property
is located on the west side of Rufe
Snow Drive and north of Northeast Loop
820 Service Road.
Mr. Stanley Peskind came forward. He
said he was here for this and the next
case also. He also had his engineers
present if there were any questions.
PS 91-29
APPROVED
Mr. Miller made the motion to approve
PS 91-29 subject to the Engineer's
comments. This motion was seconded by
Mr. Lueck and the motion carried 7-0.
6.
PS 91-28
Request of Stanley Peskind with Rufe
Snow/Loop 820, A Texas General
Partnership for Final Plat of Lot 1,
Block 6, Tapp Addition. This property
is located on the west side of Rufe
Snow Drive and north of Northeast Loop
820 Service Road.
PS 91-28
APPROVED
Mr. Bowen made the motion to approve
PS 91-28 subject to the Engineer's
comments. This motion was seconded by
Mr. Lueck and the motion carried 7-0.
7 .
PS 91-27
Request of Texas Commerce Bank for
Replat of Lot 3R, Block 16, Snow
Heights North Addition. This property
is located at the northwest corner of
Thaxton Parkway and Northeast Loop 820
Service Road.
Chairman Brock stated that the
developer has agreed to all the
engineer's comments and the replat
will reflect a 7~ foot utility
easement. He said the water and sewer
lines currently exists.
PS 91-27
APPROVED
Ms. Marin made the motion to approve
PS 91-27 with the addition of the 7~
foot utility easement. This motion
was seconded by Mr. Bowen and the
motion carried 7-0.
Page 15
P & Z Minutes
January 9, 1992
8.
PS 91-25
Public Hearing for request of Carol
Trevino & Joan Lapointe for Replat of
Lot lR, Block 2, Meacham Addition.
This property is located on the west
side of Smithfield Road between Arthur
Street and Guy Street.
Chairman Brock opened the Public
Hearing and called for those wishing
to speak in favor of this replat to
please come forward.
Oscar Trevino came forward. He stated
they received the engineer's letter
requesting some changes. He said
there are some changes they do not
wish to do.
Chairman Brock asked if he agreed to
signing a covenant for future street
improvements on Arthur Street and a
covenant for the sidewalk on Arthur
Street.
Mr. Trevino stated he agrees to both.
Chairman Brock asked if he had agreed
to put in the sidewalk on Smithfield
Road.
Mr. Trevino said he will put the
sidewalk in along Smithfield Road.
Chairman Brock asked if he was asking
for a waiver on the sewer line
extension.
Mr. LeBaron asked Mr. Trevino if he
had talked with the Public Work's
Department regarding this.
Mr. Trevino said he had. He said he
would like to tie on to the sewer line
in Arthur Drive.
Mr. LeBaron asked if they had
discussed extending the sewer line up
Smithfield Road.
Page 16
p & Z Minutes
January 9, 1992
Mr. Trevino stated the sewer line
already runs across Smithfield Road
and on the other side of the road.
Mr. Barfield said we don't usually
have sewer lines run on both sides of
the street. Mr. Barfield asked if he
agreed to the additional right-of-way
on Smithfield Road.
Mr. Trevino said if they had a
variance on the building line, they
would have no problem granting the 6~
foot right-of-way. He said right now
they are one foot over the set back
line. Mr. Trevino said if he builds
the sidewalk on Smithfield Road and
they come in and widen Smithfield
Road, they would be in the way.
Mr. Bowen said he should set the
sidewalk back on Smithfield Road.
Mr. Barfield asked about the water
line.
Mr. Trevino said they already have
water.
Mr. Barfield asked if he has fire
coverage.
Mr. Trevino said they have fire
coverage.
Chairman Brock called for anyone else
wishing to speak in favor of this
replat to please come forward.
There being no one, the Chairman
called for those wishing to speak in
opposition to please come forward.
There being no one wishing to speak,
Chairman Brock closed the Public
Hearing.
Mr. Barfield said when this property
was rezoned, P & Z stated there would
be no access to Arthur Drive.
Page 17
p & Z Minutes
January 9, 1992
Mr. Trevino said the access would be
from Smithfield Road.
PS 91-25
APPROVED
Mr. Barfield made the motion to
approve PS 91-25 subject to the
following: the construction of Arthur
Drive and the sidewalk on Arthur Drive
be waived at this time and a covenant
signed; that the building line along
Smithfield Road be changed and
adjusted to his building; the right of
way for Smithfield Road be obtained;
the 2 inch water line upgrading to 6
inches be waived; that the relocating
of the sewer line be waived.
Chairman Brock said the sewer line is
to be worked out with the city staff.
Mr. Barfield said instead of waiving
the relocating of the sewer line that
he work with the city staff on
relocating it; and that sidewalks be
installed on Smithfield Road and all
other engineer's comments be complied
with. This motion was seconded by Mr.
Bowen and the motion carried 7-0.
9.
PS 90-34
Public Hearing for request of David &
Linda Watson for Replat of Lot 5R,
Block 3, Valley Park Estates. This
property is located on the north side
of Valley View Drive.
Chairman Brock opened the Public
Hearing and called for those wishing
to speak in favor of this replat to
please come forward.
Mark Long with Owen D. Long &
Associates, came forward. He stated
they had answered most of the
engineer's comments.
Chairman Brock said they had asked to
sign a covenant for future street
improvements and defer the sidewalk
until the street improvements are
made.
Page 18
p & Z Minutes
January 9, 1992
Mr. Long said that was correct.
Chairman Brock asked about the fire
hydrant.
Mr. Long said it is not covered under
the 500 foot umbrella but it is
covered by the hose line length and
they request you waive this
requirement since he is covered by the
hose length.
Chairman Brock said the city usually
requires a 7~ foot utility easement on
each side and the back of the
property.
Mr. LeBaron said he felt that since
there was already an easement across
the back, he would recommend not
requiring the 7~ foot along the west
side.
Mr. Barfield asked if they would agree
to sign a covenant to pay his share of
a fire hydrant when and if the city
installs one.
Mr. Long said they did not wish to be
out the entire expense for the whole
subdivision.
Mr. Barfield said it would just be for
his share.
Mr. Long said they would agree to
that. Mr. Long said they would also
like for you to waive the requirement
for the neighbor to join in replatting
the remainder of lot 5. He said she
does not wish to do this.
David Watson, 501 Emerson, Euless,
Texas, owner of the property, came
forward. He stated he is looking
forward to working with the city.
Page 19
P & Z Minutes
January 9, 1992
Chairman Brock called for anyone else
wishing to speak in favor of this
replat to please come forward.
There being no one, the Chairman
called for those wishing to speak in
opposition to this replat to please
come forward.
There being no one wishing to speak,
Chairman Brock closed the Public
Hearing.
Mr. Collins asked about item 2, the
replatting of the remaining lot.
Mr. LeBaron said we could not force
this on the adjacent property owner,
we could not hold up this gentleman's
replat because of this. He said we
are splitting lot 5 and there will be
a sliver of lot 5 left with the
neighbor. Mr. LeBaron said it would
be nice to have it all replatted, but
we can not force this.
Mr. Lueck asked if she would be
willing to replat it if there was no
charge.
Mr. LeBaron said there would be
surveying cost.
PS 90-34
APPROVED
Mr. Collins made the motion to approve
PS 90-34 subject to the engineer's
comments; to waive the fire hydrant
and ask for a covenant; a covenant for
the upgrade of the street; waive the
7~ foot utility easement on the west
side; waive the sidewalk until the
street is improved; and waive item #2
of the engineer's comments. This
motion was seconded by Mr. Lueck and
the motion carried 7-0.
10. PS 91-30
Request of VLMC, Inc. for Replat of
Lot 16A1, Block 5, North Richland
Hills Addition. This property is
located at Grapevine Highway and
Blaney Avenue.
Page 20
p & Z Minutes
January 9, 1992
Chairman Brock stated this is the
Winn-Dixie on Grapevine Highway and
they are replatting their property out
of a large lot. He said all utilities
and streets are in and they have
agreed to the engineer's comments and
they have plenty of parking.
PS 91-30
APPROVED
Ms. Marin made the motion to approve
PS 91-30. This motion was seconded by
Mr. Bowen and the motion carried 7-0.
11. PZ 91-26
Public Hearing for consideration of an
amendment to Zoning Ordinance #1080,
Section 24.12 regarding the sale of
household effects and personal
belongings.
Mr. LeBaron said the city has
regulations that control citizen's
use of garage sales throughout the
city. He said at times we have some
who abuse that such as having sample
sales, a commercial venture in a
residential area. Mr. LeBaron stated
that the city has been asked by
neighbors if this was not stretching
the garage sale use.
Mr. LeBaron stated the staff has
prepared a draft ordinance for your
consideration and would welcome input.
Chairman Brock opened the Public
Hearing and called for anyone wishing
to speak in favor of this amendment to
please come forward.
There being no one, the Chairman
called for those wishing to speak in
opposition to this amendment to please
come forward.
There being no one wishing to speak,
Chairman Brock closed the Public
Hearing.
, .
Page 21
P & Z Minutes
January 9, 1992
PZ 91-26
TABLED
12. STAFF REPORT
13. CITIZEN COMMENTS
ADJOURNMENT
Don Bowen, Secretary
Planning & Zoning Commission
Mr. Barfield stated he felt this is
too complicated to make a decision
tonight, he feels there needs to be
more study. He said he wants to make
sure it does not cover tupperware
parties, Mary Kay sales, etc. He said
that is all new merchandise and this
ordinance states used merchandise.
Mr. Lueck said there is a question,
what is used. He said if there is a
tag on it, but it has been tried on a
time or two, is it new or used. He
said he realizes there are going to be
abuses, but he is not sure the abuses
merit this.
Chairman Brock said he knows there is
concern, but there is also concern
from the enforcing officers of the
ordinance.
Mr. Barfield made the motion to table
PZ 91-26 until we can have further
study on it. This motion was seconded
by Mr. Lueck and the motion carried
7-0.
Mr. LeBaron reminded all about the
Public Hearing for the Comprehensive
Master Plan on January 30th at 7:00
P.M. at the City Hall. He said it
will be a draft document and we
welcome input from the citizens.
None.
The meeting adjourned at 8:50 P.M.