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HomeMy WebLinkAboutPZ 1992-05-14 Minutes MINUTES OF THE REGULAR MEETING OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF NORTH RICHlAND HillS, TEXAS MAY 14, 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 P&Z Coordinator ABSENT: James Brock David Barfield Don Bowen Ron Lueck Pat Marin Wayne Moody Barry LeBaron Steve Pence Clayton Husband Don Collins Paul Miller CONSIDERATION OF THE MINUTES OF APRIL 23, 1992 Ms. Pat Marin made the motion to approve the minutes as written. The motion was seconded by Mr. Ron Lueck, and the motion carried 6-0. Chairman Brock stated that due to the large amount of people wishing to speak on Item 5 (PZ 92-14) of the agenda, that item would be the first item considered for the convenience of those present. 1. PZ 92-14 Public Hearing to consider the request of Herman Smith & Company to rezone Lots 4-7, Lots 12-14, and Lots 16-18, Richland Oaks Addition, from its present zoning classifications of R-1 F.P., R-1 Single Family Residential, C-1 Commercial, and Existing Right of Way to a proposed classification of C-2 Commercial. Chairman Brock stated that the Commission will only be considering the zoning of the property, whether commercial is the highest and best use. He stated that other issues will be addressed at the time of platting. Chairman Brock opened the Public Hearing and called for those wishing to speak in favor of the request to come forward. Ross Calhoun, Herman Smith & Company, 1903 Central Drive, Bedford, came forward to speak. He stated they were requesting a zoning change on approximately 20 acres, bounded by Strummer, State Highway 121, and the Pace site. He stated they were seeking C-2 because commercial is the PZ Minutes, page 2 May 14, 1992 highest and best use of the property. Mr. Calhoun stated that their studies show that the area will support commercial development. He stated he was aware that they had neighbors along Strummer, and he presented a landscape plan showing a berm, wall, and landscaped strip along Strummer. Doug Gilliland, 4901 Strummer, came forward to speak. He stated that there were a number of meetings among the neighbors, and that they agreed the area was changing. He stated that there was a great deal of concern about the traffic on Strummer, about debris building up, and about vandalism. Mr. Gilliland stated his concern over property values. He asked what feeling the Commission has about potential requests from neighbors to change the zoning of their property from residential to commercial. Chairman Brock agreed that the area is in transition. He stated it is not out of line for neighbors to request rezoning. Mr. Gilliland stated that most people oppose the zoning request. He stated that the problem with the neighbors wanting to change their zoning is that all the neighbors don't feel that way. Chairman Brock stated that they would welcome citizens at the pre-session to sit down and talk about what could be done. Mr. Jim Laux, 4817 Strummer, came forward to speak. He stated his concerns about property values and traffic on Strummer. He stated that he sees the only salvation of property values is through commercial use. He stated he wanted the proposed center to face Strummer. There being no others wishing to speak in favor of the request, Chairman Brock called for those wishing to speak against the request to come forward. Harvey Greenwald, 5016 Strummer, came forward to speak. He stated that he is not opposed to commercial development of the property, but is opposed to the zoning. He stated zoning should include a full site plan and environmental impact statement. Chairman Brock stated that the city does not require an environmental impact statement. Mr. Greenwald stated that the stated and federal governments do. He stated Strummer should be a five-lane road. He stated that the shopping center will help only if it is successful. Mr. Greenwald stated that Mr. Smith should make Strummer a five-lane road as a condition of zoning approval. PZ Minutes, page 3 May 14, 1992 Chairman Brock stated that the Commission is only looking at zoning. He stated that platting will address the other issues. Joe McCarthy, 5001 Strummer, came forward to speak. He asked if citizens will have input in the platting issues. Chairman Brock stated yes. Mr. McCarthy asked that the zoning be approved only on the following conditions: that Strummer become a five-lane road, that traffic lights are put on each end of Strummer, that the proposed development face Strummer, and that residents be granted C-2 zoning on their property at the time of sale. Mr. McCarthy stated he saw no signs posted along Strummer. He stated that the master plan addresses traffic along Strummer. He stated that the Commission should consider postponing the request until the residents along Strummer meet. Alfred Stanford, 5101 Pearl, came forward to speak. He stated he was concerned about flood problems when the development goes in. Chairman Brock stated that once the plat is submitted, the Commission will know what the drainage effects will be. He stated that their job tonight, as instructed by the City Charter, is to decide whether the property should be zoned commercial. Mr. Stanford stated that most people want some guarantee that they won't be left out of those decisions. Mr. Lueck asked Mr. LeBaron to go over the process of what happens after zoning. Mr. LeBaron stated that the next step is to submit a plat. He stated that before a recommendation on the plat is made to the Council, all drainage, water, sewer, and other issues are required to be satisfied. Mr. Stanford stated his concern that if the street were widened, it would ruin his property by cutting off part of his lot. Mr. LeBaron stated that the City can't pre-design a street system without knowing what the developer is actually going to do with the lot in terms of the number of lots, etc. Mr. Stanford stated that Strummer could be a cut-through area for Loop 820 when it is widened. PZ Minutes, page 4 May 14, 1992 Mr. LeBaron stated that the Commission tried to get the neighborhood to support a plan concerning traffic on Strummer, but no consensus could be reached. Harriett Greenwald, 5016 Strummer, came forward to speak. She stated that she wanted the zoning postponed until all issues discussed tonight are resolved. Chairman Brock stated that those are platting issues and that only zoning is being considered tonight. Ms. Greenwald asked why the zoning can't be postponed. She asked why it had to be done tonight. Chairman Brock stated that it was requested at this time. Ms. Marin asked if Ms. Greenwald was requesting that the property be platted before rezoned. Ms. Greenwald stated yes. Mr. Bowen stated that it would be difficult to do. He stated that any owner would not go to the expense required to plat under the presumption that they would get zoning. He stated they would not spend the money on platting if they could not use the plan. Mr. Barfield stated that there will another public hearing on platting. He stated platting is just as important as zoning and that the public will have ample time to discuss those issues. He stated that in the mean time, the neighbors should get together and arrive at a consensus concerning those issues. Ms. Greenwald asked if it were true that once the property was rezoned, that they could do whatever they want on the property. Mr. Bowen stated no, that they still must meet the subdivision ordinance requirements concerning their zoning. Ann Robinson, 8308 Jerrie Jo Drive, came forward to speak. She stated that some people were left out that should be considered, those people being residents on Jerrie Jo, Pearl, and Jennings. She stated she did not receive formal notification of the case. She requested that the request be tabled until neighbors get together to discuss it further. Chairman Brock stated that she did not receive a letter because she was out of the 200 foot notification area required by state law. PZ Minutes, page 5 May 14, 1992 Doug Randolph, 5017 Strummer, came forward to speak. He requested that the case be tabled. He asked the Commission if pride of ownership means anything to anyone. He asked how much does anyone personally benefit from a shopping center. He asked for five good reasons that this shopping center should be built. Chairman Brock asked if these were rhetorical questions. Mr. Randolph stated he was asking because he wanted to know. He stated his concern over property values. He asked who the Commission and the City Council really represented. Mr. Gene Dixon, 8321 Jerrie Jo Drive, came forward to speak. He stated he doesn't understand the impact of the change on his own life. The stated the change will definitely have an impact on his way of life. He stated the neighbors haven't had the opportunity to give the Commission or City Council their impressions of what the impact will be. He stated the zoning should be tabled. Harvey Greenwald appeared again before the Commission. He stated that he doesn't think postponing the decision is unreasonable. Eunice Price, 5105 Pearl, came forward to speak. She stated she did not receive notice of the meeting. She stated her concern about property values. There being no one else wishing to speak, Chairman Brock closed the Public Hearing. Mr. Moody asked if the request were tabled, what would it accomplish. Chairman Brock stated probably nothing. Ms. Marin stated that the Commission is not changing the zoning tonight, it does not have that power. Mr. Barfield stated that the Commission looked at that neighborhood several years ago, and the consensus was that it was going downhill. He stated that neighbors were invited to meetings to discuss what should be done around the area. He stated they spent a lot of time studying the issue. Mr. Barfield stated that the neighbors were spilt on whether the area should go to commercial or be left alone. He stated he would strongly recommend a screening fence and berm along Strummer with absolutely no access from Strummer without full consensus of the citizens on Strummer. He stated he PZ Minutes, page 6 May 14, 1992 believes that commercial is the highest and best use for the property. Mr. Lueck stated he was surprised that some citizens wanted the development to face Strummer. He stated that it was apparent in previous studies that there was no consensus on the direction of the area. Mr. Barfield made the motion to approve PZ 92-14 with the condition that at the time of platting the issues discussed tonight are addressed at that time. Mr. Moody seconded the motion. Mr. Barfield added that the Commission wants to hear input from citizens during the mean time. He stated the Commission was willing to attend meetings with citizens to help resolve those issues. The motion carried 5-1, with Chairman Brock, Mr. Barfield, Mr. Lueck, Ms. Marin, and Mr. Moody voting for; and Mr. Bowen voting against. Chairman Brock stated that the City Council will hear this case on June 8, 1992. Chairman Brock called a five minute recess. The Commission reconvened with the Chairman Brock, Mr. Bowen, Mr. Lueck, Ms. Marin, and Mr. Moody, present, and Mr. Barfield absent. 2. PZ 91-27 Consideration of Comprehensive Land Use Plan for the City of North Richland Hills. Mr. Lueck made to motion to approve PZ 91-27 and recommend the Plan to the City Council. Ms. Marin seconded the motion, and the motion carried 5-0. 3. PZ 92-12 Public Hearing to consider the request of Conoco, Inc., to rezone Lot 1R, Block B, and parts of Lots 1 and 2, Block B, Richland Oaks Addition, from its present zoning classification of C-1 Commercial to a proposed classification of C-1 Commercial with a Special Use Permit. Chairman Brock opened the Public Hearing and called for those wishing to speak to come forward. Mr. Joe Malazo, Conoco, Inc., came forward to speak. He stated that the Texas Highway Department was taking part of his lot to widen the road, and that Conoco will be building a new convenience store/gas station on the lot and would like PZ Minutes, page 7 May 14, 1992 to build a car wash in addition. He stated Conoco has been there for about 20 years. There being no one else wishing to speak, Chairman Brock closed the Public Hearing. Mr. Bowen made the motion to approve PZ 92-12 as presented. Mr. Moody seconded the motion, and the motion carried 5-0. Mr. LeBaron stated that Conoco has also applied for a replat, but they couldn't get the details worked out with the highway department in time for tonight's agenda, but it will be heard at the next meeting. 4. PS 92-10 Request of NRH Joint Venture for Replat of Lot 1, Block 5, Richland Oaks Addition, Phase One, Fourth Filing. This property is located on State Highway 121 at Mesa Verde Trail. Mr. LeBaron stated that all staff and engineering comments had been addressed, and that the plat was ready for approval. Ms. Marin made the motion to approve PS 92-10 as presented. Mr. Bowen seconded the motion, and the motion carried 5-0. 5. PZ 92-13 Public Hearing to consider the request of NRH Joint Venture to rezone part of Lot 1, Block 5, Richland Oaks Addition, Phase One, Fourth Filing, from its present zoning classification of C-1 Commercial to a proposed classification of C-2 Commercial. Chairman Brock opened the Public Hearing and called for those wishing to speak to come forward. Chairman Brock stated that there are two zoning districts on this parcel, and that the applicant was trying to make it all one district. Duncan Fulton, of Good, Fulton and Farrell Architects, came forward to speak. He stated the City suggested, as an administrative matter, to rezone the property to one district to get consistent zoning with the surrounding properties. There being no one else wishing to speak, Chairman Brock closed the Public Hearing. PZ Minutes, page 8 May 14, 1992 Mr. Moody made the motion to approve PZ 92-13 subject to engineering comments. The motion was seconded by Mr. Lueck, and the motion carried 5-0. 6. PZ 92-15 Public Hearing for consideration of an amendment to the Zoning Ordinance #1080 regarding minimum square foot requirements of dwelling units in the R-3 Single Family Residential zoning district. Chairman Brock stated that the issue of raising the minimum square foot requirement from 1400 to 1600 square feet was discussed at the April 23 meeting, and the Commission directed the Staff to prepare an ordinance for consideration. Mr. Lueck asked what the implementation process would be. Mr. LeBaron stated that there was a concern over the legality of establishing minimum square foot requirements, and that Mr. Husband did some research and found several court cases that allowed such regulations. Mr. LeBaron stated that if the Council approves the ordinance, effective that date, this ordinance would be the yardstick that building permit applications would be measured by. Chairman Brock opened the Public Hearing and invited those wishing to speak to come forward. There being none, Chairman Brock closed the Public Hearing. Mr. Lueck made the motion to approve PZ 92-15 as presented. The motion was seconded by Ms. Marin, and the motion carried 5-0. 7. PZ 92-16 Public Hearing for consideration of an amendment to the Zoning Ordinance #1080 regarding the masonry requirement on existing structures and permanent type accessory buildings. Chairman Brock stated that direction was given to Staff to exempt existing structures from the masonry requirement, and that ordinance is presented tonight. Mr. Lueck stated that during the pre-session, he questioned Staff on the intent on commercial buildings. He stated that it was not intended for commercial buildings to be a part of this ordinance when Staff was directed to pursue this issue. Mr. Lueck stated that the commercial issue should be considered at another time, and should leave that section out of the proposed amendment, section being 24.2.2. PZ Minutes, page 9 May 14, 1992 Mr. Lueck made to motion to approve PZ 92-16, striking the verbiage concerning commercial buildings. The motion was seconded by Mr. Bowen, and the motion carried 5-0. STAFF REPORT None CITIZEN COMMENTS Mr. William Bell, 6733 Meadow Road, came forward to speak. He stated his concern over taking Meadow Road and turning it into Holiday Lane. Mr. LeBaron stated that this concerns the Master Plan. He stated that the City Manager asked Staff to contact property owners that would be affected by the changes on Douglas Lane and Holiday Lane, and to try and schedule a meeting over the next few weeks. He stated the goal was to try and get a consensus of the property owners on their feelings toward the alignment of Holiday Lane so the City Council can tailor the alignment is desired. Mr. LeBaron invited Mr. Bell to attend that meeting, and stated he would be contacted. Ms. Kathleen Bell, 6733 Meadow Road, came forward to speak. She stated she would like to see more parks in the city, since the City is trying to provide a good place to live. She requested that when the Commission considers development, they should consider parks within that development. Chairman Brock stated that the Parks department plan has that recommendation in it. Mr. Lueck stated that parks provided by development is also part of that plan. Chairman Brock stated that the Commission agrees with the Parks plan. Fred Finky, 8330 Jerrie Jo, came forward to speak. He stated he missed the hearing on PZ 92-14 and hoped there was consideration of downstream flooding. Chairman Brock stated that the only thing considered was zoning, and that when the plat is filed, the engineers will look at that issue. He stated the public will have an opportunity to come back at that time to talk about those issues some more. ADJOURNMENT There being no further business, the meeting was adjourned. PZ Minutes, page 10 May 14, 1992 ~ If ~(l}~A') Don Bowen, Secretary