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HomeMy WebLinkAboutPZ 1992-04-23 Minutes MINUTES OF THE REGULAR MEETING OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF NORTH RICHLAND HILLS, TEXAS APRIL 23, 1992 CALL TO ORDER The meeting was called to order by Chairman James Brock at 7: 30 p. m. ROLL CALL PRESENT: Chairman Members Dir Community Dev Building Official ABSENT James Brock David Barfield Don Bowen Don Collins Ron Lueck Pat Marin Paul Miller Barry LeBaron Steve Pence Wayne Moody CONSIDERATION OF THE MINUTES OF APRIL 9, 1992 Ms. Pat Marin made the motion to approve the minutes as written. The motion was seconded by Mr. Don Collins, and the motion carried 7 -0. 1. PZ 92-10 Public Hearing to consider the request of Rita Jo Hazel to rezone Tract 4P1B, A. G. Walker Survey, Abstract No. 1630 from its present zoning classification of R-7-MF Multi-Family Residential to C-2 Commercial. This property is located on the east side of Flory Street, approximately 400 feet south of Glenview Drive. Chairman Brock stated the cases heard this evening are scheduled to be heard by the City Council on June 8, 1992. Chairman Brock opened the Public Hearing and asked those wishing to speak in favor of the request to come forward. There being none, Chairman Brock asked those wishing to speak against the request to come forward. There being none, Chairman Brock closed the Public Hearing. Mr. Bowen made the motion to approve PZ 92-10. Mr. Barfield seconded, and the motion carried 7 -0. 2. PZ 92-11 Public Hearing to consider the request of Bill Lightfoot to rezone part of Tract 12, S. PZ Minutes - April 23, 1992 Page 2 Richardson Survey, Abstract 1266, from its present zoning classification of Ag Agriculture to C-1 Commercial. This property is located at 7714 Davis Boulevard. Chairman Brock opened the Public Hearing and asked those wishing to speak in favor of the request to come forward. Mr. Owen D. Long, 1615 Precinct Line Road, Hurst, came forward to speak, representing Mr. Lightfoot. He stated that the front part of the property is zoned C-1, but not sure where the line between the C-l and AG zoning lies. Chairman Brock asked if the restaurant is located in the area currently zoned C-1. Mr. Long stated yes. He stated he didn't know where the line was, so to avoid confusion, he asked for all the property to be rezoned. Mr. Long presented a drawing showing the layout of the property, the areas zoned AG and C-l, and the current placement of buildings on the property. He stated that he was working on a preliminary plat for the whole property, including the areas being rezoned. Chairman Brock asked if Mr. Long was planning for the plat to encompass the whole property. Mr. Long stated he would not file a final plat on the house, only on the property they were trying to get rezoned. He stated they were trying to get common zoning to plat everything on what he'd call "Lot 2, Block 1, Lightfoot Addition." Mr. Barfield asked if the house is part of the zoning application. Mr. Long stated no, that he was leaving 140 feet from the back line of the lot to cover the house. He stated the house is not to be zoned at this time. Mr. Barfield asked if the house is owned by Mr. Lightfoot. PZ Minutes - April 23, 1992 Page 3 Mr. Long stated that Mr. Lightfoot and his wife still own the house. Mr. Barfield asked if the house will be platted. Mr. Long stated that the house will be on the preliminary plat, but will not be submitted or recorded as a final plat. There being no others wishing to speak in favor, Chairman Brock called for those wishing to speak against the request to come forward. Richard Clough, 8525 Neil Court, came forward to speak. He stated he was not necessarily opposed to the zoning change, but with Mr. Lightfoot's future intentions with the property. He asked if the change will allow Mr. Lightfoot to obtain a liquor permit. He stated he has heard that outdoor parties with liquor being served might occur. He stated that residences around him have drainage problems, water standing in their back yards, and have had to put in expensive french drains due to the stock ponds. Ms. Marin asked if the restaurant that is now closed has a liquor license. Chairman Brock stated no, that the store has an alcohol permit. He stated that alcohol permits are controlled by the Texas Alcoholic Beverage Commission. He stated that the Planning and Zoning Commission has no bearing on alcohol permitting. He stated that they are just looking at zoning now, but the preliminary plat will show more detail concerning other issues. Mr. Randall Turner, 8524 Neil Court, came forward to speak. He stated he has had to dig french drains over the last few months. He stated his concerns over Mr. Lightfoot's future use of the property. He stated that on Sunday afternoons, he has heard loud music coming from the property. He stated his concern over the additional pond recently built. He stated he was concerned PZ Minutes - April 23, 1992 Page 4 over what Mr. Lightfoot will do with the property in the future, since he built the additional pond without talking to the home owners in the surrounding area. Edna Millard, residing on Neil Court, came forward to speak. She stated her concern about the amount of commercial zoning on the property. She stated she feels there is adequate commercial zoning for Mr. Lightfoot's needs. She stated her concern about the impact of paving and asphalt on the current drainage problem. She stated that she has also installed french drains. She stated that she and her husband are opposed to the zoning request. Chairman Brock asked Mr. Lightfoot to come forward. Chairman Brock asked Mr. Lightfoot if he has fencing plans to alleviate some of the residents fears. He stated some of these issues will be taken up during platting, but he asked Mr. Lightfoot to address the drainage problems also. Mr. Lightfoot stated that the drainage problems are with the new pond, and he is in the process of fixing it. He stated that the recent rains have prevented him from getting any machinery in to fix the problem. Chairman Brock asked Mr. Lightfoot if he intends to fix the pond. Mr. Lightfoot stated yes. Mr. Lueck asked Mr. Lightfoot how he plans to fix the pond. Mr. Lightfoot stated there is some material to put in the pond that will seal it up. Mr. Lueck asked if Mr. Lightfoot thought it was getting into the water table and then getting out that way. Mr. Lightfoot stated no, that it was just groundwater. PZ Minutes - April 23, 1992 Page 5 Chairman Brock asked Mr. Lightfoot about any plans for fencing to alleviate concern over noise. Mr. Lightfoot stated he can put up a stockade fence. Chairman Brock stated those issues will be dealt with later, but it may help the relationship with the neighbors that these issues are addressed tonight. Mr. Bowen stated that there is a requirement for a fence between commercial and residential zoning. Mr. Lueck stated that city staff had comments on requirements if the zoning was changed to C-1. He asked if those need to be covered tonight. Mr. LeBaron stated that those items will be addressed during the platting stage. Mr. Lueck asked if the issue of non- conforming uses is still valid in this case. He asked if a pond dries up, can it be refilled. Mr. Pence stated that they would need to get with the City Attorney to discuss those issues. Mr. Bowen asked Mr. Lightfoot if he was aware of the masonry requirement for his restaurant. Mr. Lightfoot stated his restaurant would be all masonry. There being no one else wishing to speak, Chairman Brock closed the Public Hearing. Mr. Barfield stated that during the studies on the master plan, it was discussed if strip commercial was wanted for this area. He stated they also discussed the ideal depth for a strip commercial center, and determined that depths of over 400 feet create problems with the back portion of the parcel not being taken care of. He stated PZ Minutes - April 23, 1992 Page 6 that the Commission should consider that the property is 514 feet deep. Mr. Bowen made the motion to approve PZ 92-11 and made the following comments: He stated that the rezoning will give the city more control than it presently has. He stated that agriculture uses are hard to control. He stated that city staff will address these problems during the platting process. He stated that the strip is deep, but to gain control, the zoning needs to apply to all the area. Mr. Collins stated that the only way to get citizens concerns addressed is to rezone. Mr. Barfield stated that the property should be brought out of the 400 foot depth. He stated that these comments should be reviewed and considered at the time the property comes up for platting. Ms. Marin seconded the motion, and the motion carried 7 -0. PZ 92-15 Discussion of the minimum square foot requirements for homes in the R-3 Single Family Residential zoning district and consideration of proceeding with amending the requirements. Chairman Brock stated that some time has been spent discussing raising the R-3 square foot requirement from 1400 to 1600 square feet. He stated it is the consent of the Commission to hold a public hearing on the issue. Mr. Lueck stated a public hearing is the best way to get citizens and developers to speak and get their comments so the Commission can make a recommendation to the City Council and get the issue behind them. Mr. Bowen stated it seems like the square foot changes each time a request comes up. he stated that a minimum needs to be set. PZ Minutes - April 23, 1992 Page 7 4 . STAFF REPORT 5. CITIZEN COMMENTS ADJOURNMENT ~a~ Mr. Lueck stated there doesn't need to be a moving target for those buying and developing land. Mr. LeBaron stated that comments and recommendations on the master plan are being incorporated into the document and will be available at the May 14 meeting for recommendation to the City Council. He stated that staff can then move on to working on the Zoning Ordinance and Zoning Map. None. There being no further business, the meeting was adjourned.