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HomeMy WebLinkAboutPZ 1990-03-08 Minutes ~ . MINUTES OF THE REGULAR MEETING OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF NORTH RICHLAND HILLS, TEXAS MARCH 8, 1990 - 7:30 P. M. CALL TO ORDER The meeting was called to order by the Chairman, Mark Wood, at 7:35 P.M. ROLL CALL PRESENT: Chairman Vice Chairman Secretary Members Mark Wood James Brock David Barfield Don Bowen Ron Lueck Don Collins Pat Marin George Angle Alt. Member Dir. Economic Dev./ Planning P & Z Coordinator Bob Miller Wanda Calvert Since all members are present, Alternate Member, George Angle, will not vote. . CONSIDERATION OF THE MINUTES OF FEBRUARY 22, 1990 Ms. Marin made the motion to approve the minutes as written. This motion was seconded by Mr. Bowen and the motion carried 6-0 with Mr. Brock abstaining since he was not present at the meeting. 1 . PZ 89-21 Request of Western Realty Corporation to rezone Lot 1, Block 1, Cochran Addition, from its present classification of C-l Commercial to C-2 Commercial. This property is located on the south side of Bedford-Euless Road, west of Bennigan's (Crossroads Plaza Shopping Center). Chairman Wood stated that the Planning and Zoning Commission is considering revisions to the C-2 Commercial Zoning Classification and the applicant has requested his case be tabled until the revisions are approved. . Page 2 P & Z Minutes March 8, 1990 . 2 . PZ 90-02 Request of Western Realty Corporation to amend the Planned Development zoning on Lots 2 & 3, Block 13, Woodcrest Addition, to allow a District Office and Car Rental Agency in the shopping center. This property is located on the north side of Bedford-Euless Road behind Furr's Cafeteria. Chairman Wood stated that the applicant had asked that this case be moved to the end of the agenda to allow him time to talk to the neighbors. 3. PZ 90-03 Request of John W. Barfield to rezone a portion of Tract 5, Brentwood Estates, from its present classifications of R-3 Single Family and R-4-SD Separate Ownership Duplex to C-1 Commercial. This property is located on the east side of Davis Boulevard and north of the new proposed Thornbridge Addition. . Chairman Wood opened the Public Hearing and called for those wishing to speak in favor of this request to please come forward. John Barfield came forward. He said he is requesting this change because no one is fond of duplex zoning. He said this is adjacent to the new Thornbridge Addition. Mr. Barfield said there will be a buffer between the residential and the commercial. He said there is a gas pipeline which could be included into the parking area of the Commercial. Chairman Wood asked if Mr. Barfield would consider using the pipeline easement as a green belt. . John Barfield said they had discussed having a berm there. Page 3 P & Z Minutes March 8, 1990 . Owen D. Long, Engineer for the applicant, came forward. He stated they plan to have a 25 foot construction easement also. He said the berm would be 3 to 5 feet high. Ms. Marin asked Mr. Barfield if he would agree that whatever is built it would be set back 50 to 75 feet back. John Barfield stated that with the 25 foot pipeline easement plus the construction easement, there would be a 50 foot setback. Ms. Marin asked if that is 50 feet in addition to the easement. . Mr. Long stated there are fire lanes required also. He said they could have a 25 foot green belt and then another 25 foot green belt. Chairman Wood called for anyone else wishing to speak in favor of this request to please come forward. There being no one, the Chairman called for those wishing to speak in opposition to this request to please come forward. There being no one wishing to speak, the Chairman closed the Public Hearing. PZ 90-03 APPROVED Ms. Marin made the motion to approve PZ 90-03 with the stipulation that a minimum of 50 foot setback be required from the actual property line. Mr. Bowen asked that Ms. Marin amend her motion to state that it be from the most southern property line and that it be a landscape easement. . Ms. Marin amended her motion. The amended motion was seconded by Mr. Lueck and the motion carried 7-0. Page 4 P & Z Minutes March 8, 1990 . 4. PZ 90-04 Request of Crestview Estates JV, John w. Barfield Trustee, to rezone Tracts 1A & lC, and a portion of Tract 1, Brentwood Estates, from their present classification of AG Agriculture to C-1 Commercial. This property is located on the west side of Davis Boulevard, north side of Shady Grove Road and next to the water tower. John Barfield came forward. He stated he is part owner of Tract 1, Brentwood Estates, and there is another owner of Tracts lA & lC. Chairman Wood stated the Commission would rather, since there are two owners, to have separate requests. John Barfield stated he would withdraw this request at this time. . Chairman Wood stated the zoning fee he had paid would be applied to the new request. 5 . PS 89-29 Request of John Barfield for waiver from sidewalk requirements for Phases I, II, and III of Thornbridge Addition. Chairman Wood stated that the first phase of Thornbridge was brought in prior to January 1. He stated the requirement of sidewalks in new subdivisions was approved by P & Z to be required January 1, 1990, but the City Council approved it to start in October, 1989. Chairman Wood said Mr. Barfield thought he was Grandfathered. He said Mr. Barfield had intended to speak at the final plat hearing, but since the plat was on the "consent agenda", he did not get to ask for a waiver from the sidewalks. . Chairman Wood stated the Council requested the Commission act on Mr. Barfield's request to waive sidewalks in Phases I, II, and III. Page 5 p & Z Minutes March 8, 1990 . John Barfield stated there will be 4 phases in Thornbridge. He said he would not want to put sidewalks in one phase and not in the others. Mr. Barfield stated he plans to come in with platting of another subdivision with smaller lots and will put sidewalks in it, but in this subdivision with large lots (almost 1/2 acre) he does not wish to. Chairman Wood stated the lots are in excess of 15,000 square feet and some are 18,000 square feet. Mr. Collins asked what size the lots would be in the other phases. Mr. Barfield said they would be the same size as in Phase I. . Chairman Wood stated the Commission has studied this and has taken a lot into consideration on this. Ms. Marin asked Mr. Barfield if he does not put sidewalks in Phase I, what would he do in the other phases. Mr. Barfield said he would treat them all the same. Chairman Wood stated there is only one entrance into the subdivision and no schools. Mr. Angle said as the ordinance has been written, he would feel constrained to approve Phases II, III, and IV. He said Phase I might have a reason to not have sidewalks, but not the other phases. Chairman Wood stated it was the intent of P & Z to start the requirement January 1st. . Page 6 P & Z Minutes March 8, 1990 . David Barfield said he feels sidewalks are important close to schools. He said he feels they should be required within 1,000 feet of a school. He said smaller lots with 1,400 square foot homes and lots of cars parked in the street should be required to have sidewalks, but for large lots, they are not needed. David Barfield said these houses would have side or rear entry garages. He said he feels that for 15,000 square foot lots and up, it should be up to the developer if he puts sidewalks in or not. PS 89-29 APPROVED Mr. Collins made the motion for approval for a waiver from the sidewalk requirement in Phases I, II, III, and IV of Thornbridge Addition. This motion was seconded by David Barfield and the motion carried 6-1 with Ms. Marin voting against. . 6. PZ 89-1 Ordinance #1636 Review of Sidewalk Requirements as approved by the City Council November 13, 1989 and consideration of Sidewalk Requirements on Large Lots (1/2 acre or more). Chairman Wood stated there is no action required on this at this time. Mr. Miller stated the Commission may want to request the staff prepare an ordinance for review and then hold a Public Hearing. Chairman Wood stated he would like to request they consider the lots being 20,000 square feet before they are not required to have sidewalks. David Barfield stated he would be in favor if it would be an average of 20,000 square feet because there will be some lots in a subdivision that would fall under the 20,000 square feet. . Page 7 P & Z Minutes March 8, 1990 . Chairman Wood stated he felt they are needed at a school or on the way to school. David Barfield said they would have to get the school officials involved as to the route of school children. Mr. Angle asked if sometime in the past, P & Z asked the City Council to pass this ordinance. Chairman Wood said numerous discussions and work sessions had been held to decide about sidewalk requirements. He said it was decided that all new subdivisions would require sidewalks. . Mr. Miller read from Ordinance #1636: "Section 24.21 SIDEWALKS - Sidewalks shall be required on public streets in all districts, with the exception of AG Agriculture." Mr. Angle said so this is somewhat a departure from this ordinance. Chairman Wood stated it was. Mr. Bowen stated that David Barfield's comment of 1,000 feet from a school should be more defined. Chairman Wood asked Mr. Miller to draw up an ordinance for their review and then they would hold a Public Hearing. 2. PZ 90-02 Request of Western Realty Corporation to amend the Planned Development zoning on Lots 2 & 3, Block 13, Woodcrest Addition, to allow a District Office and Car Rental Agency in the shopping center. This property is located on the north side of Bedford-Euless Road behind Furr's Cafeteria. . Page 8 P & Z Minutes March 8, 1990 . Randall Turner came forward to represent Western Realty. He said they are requesting an amendment to the Planned Development to allow a District Office and Car Rental Agency in an 1800 square foot space. Mr. Turner stated that most of the tenants are service oriented rather than retail. He said they are asking for space #M, 1800 square feet, for the District Office and Rental Cars. He said they would do paper work and have as many as 6 rental cars there. Mr. Turner stated he would also like to have a Vet Clinic with no kennel. He said they are having a tough time putting retail in the center. . Mr. Turner stated that Charles Reynolds was the original owner of the property and Mr. Cumbie, neighbor, said there was a lot of the restrictions that had not been met. Mr. Turner said Western Realty had owned the property for two years. David Barfield said Mr. Turner needed to go back and look at the restricted covenants: Green belts maintained forever, fences maintained forever, no lighting facing the residential, no loud music. Mr. Turner stated the city had not enforced them until they bought the property. He said he was not informed of these restrictions before he purchased the property. He said the green belt starts 8 feet back. Mr. Lueck asked if he did not see the covenants prior to purchasing the property. . Mr. Turner stated he did not. He said the covenants are fine and he feels they have kept the green belt, but said there is no place for the dumpsters. Page 9 P & Z Minutes March 8, 1990 . David Barfield said the fence is about to fall down, there is loud music and lights are shining on neighbors. He said all these should be taken care of before granting this request. Chairman Wood asked Mr. Turner how he planned to enforce the 6 car limit. Mr. Turner said their lease is restricted to 6 cars and he could pull their lease. Mr. Angle asked if he had the property for two years. Mr. Turner said he had. Mr. Angle asked if he at that time, started to uphold the covenants. . Mr. Turner said the dumpsters were setting in the fire lane and the fire department said to move them so they put them on the grass. He said they had so much vandalism that they put up more lights. Mr. Turner said he had tried to take care of problems, but have not talked to anyone but Mr. Cumbie. Chairman Wood called for anyone wishing to speak in opposition to this request to please come forward. Jim Ratts, 4921 Wedgview Drive, came forward. He asked if there would be a wash rack to wash the rental cars. Chairman Wood said they might hose down the cars. Mr. Turner asked for the definition of a wash rack. . Mr. Ratts said he felt it would be an open end. He said he did not feel that would lend itself to the shopping center. He said he did not feel the shopping center should have a car wash. Page 10 P & Z Minutes March 8, 1990 . Forrest Grubb, 6505 Towne Park, came forward. He said he was secretary to the Zoning Board when this property was zoned. He said Mr. Newman was Mayor. He said they met with the homeowners and also with the developer. Mr. Grubb said the homeowners told them what they wanted and Mr. Reynolds agreed to the covenants. He said he did not know how the problem with the dumpsters occurred. Mr. Grubb said he felt they could have the car rental agency, but no repair or washing of the cars. Mr. Grubb said he is embarrassed that the covenants were not enforced. He said he knows the Code Enforcement Officer has a big job. . Sonny Boston, 4901 Weyland Drive, came forward. He said there is lots of noise, rats, the banging of trash, the lights; all this gives the neighbors a bad feeling. Vernon With, 4816 Weyland Drive, came forward. He said in the covenants, it says no fast food or restaurants, and no dance hall. He said they have a Big Ban Dance Studio. Mr. With said their concern is the deterioration of the shopping center. He said they could rezone and be full of tenants that would be less desirable. Mr. Miller stated that the variance would be for a District Office and Car Rental Agency only. Mr. With stated they have rats that commute between Skaggs and Furrs on the power lines and then they go north and south. He said they are 12 to 15 inches long. . Mr. Miller stated he visited with the City Attorney and City Secretary and the city does have a dance hall ordinance and a definition: Page 11 P & Z Minutes March 8, 1990 . "Dance Hall: Any room, space or building where a public dance is held." "Dancing school: Any room, space or academy in which classes in dancing are held and instruction in dancing is given for hire." James Jenkins, 4817 Weyland, came forward. He said he lives on the corner lot by the dead-end street. He said their fence is leaning on his fence and is nailed to the light pole. He said they put the fence on his property around a tree. Mr. Jenkins said his dog can not go down the dead end street for the drainage, he would drown. . Leland Cumbie, 4825 Weyland Drive, came forward. He said he endorses all the things that have been said tonight. He said the trash, he has never seen one with a lid on it. Mr. Cumbie said the trash blows and he has to clean it up. He said it blows from the shopping center. Mr. Cumbie said if the Commission approved this request, please have any washing facility be to the west of the shopping center. C.R. French, 4801 Weyland, came forward. He said in the covenants, it says no business shall be open after 8 P.M.. He asked about the Car Rental Agency. He said the dance club and Karate studio has been fudging. He said he had called the city inspector. David Barfield said the time is not in the Commission's signed copy. Mr. Brock asked if he objected to a car rental agency there. . Mr. French said there was not to be any retail business after 8:00 P.M. Page 12 P & Z Minutes March 8, 1990 · Mr. Miller asked Mr. French for a copy of the covenants he has. He said he would like to have a copy and compare them. Mr. French said the City Inspector said the dance studio could only have lessons and no later than 8:00 P.M. Larry Banks, 4909 Weyland, came forward. He asked who the car rental agency was. Mr. Turner said Snappy Car Rental. Mr. Banks said he has a terrible time with roaches. He said he has people come out every 6 months, but the pest control don't kill them, they just move over to the neighbors. He asked if this is the city's responsibility. · Mr. Miller said rats and roaches could be an environmental health problem He said he would tell Pam Burney to get in touch with him. Chairman Wood closed the Public Hearing. David Barfield said being a real estate broker and land owner, he has real problems with breaking the covenants, but he would like to see the car rental agency be allowed to go in. He said he felt they should not be given a certificate of occupancy until all the problems are taken care of. Ms. Marin asked Mr. Cumbie if all the covenants and requirements are met, would he have a problem with Snappy Car Rental being in that space. Mr. Cumbie said he would not. · Page 13 P & Z Minutes March 8, 1990 · Mr. Lueck said if it is passed, it could not be enforced. He said the only control we have is to wait until the covenants are met. David Barfield said they could approve subject to all the covenants being done. Mr. Miller said he doesn't believe they could. He said he would ask Community Development Department to look into these concerns. Chairman Wood said he felt if the Commission approves this, it would require further monitoring. He said they might do oil changes, car wash, battery change. He said they are not going to kick them out just because they have a few more cars than allowed. · Mr. Lueck said the city really doesn't have any control. Mr. Angle said since he would not be voting, he would ask the Board to vote no. He said he would like to' sympathize with the homeowners problems. He said they should go further than just calling the city. Mr. Angle said his advice to them would be if they called the city and do not get any action, call the local newspapers and Mass Media, get a reporter out there to take pictures and put pressure on the city to do something. · Mr. Bowen said he does not agree with what Mr. Angle said. He said this city does not need negative publicity. He said we are trying to sell this city. Mr. Bowen said he would suggest they talk to the city first and maybe the health department; talk to the Council Members; lets don't go to the paper. He said we don't need negative publicity. Page 14 P & Z Minutes March 8, 1990 . . PZ 90-02 DENIED ADJOURNMENT Secretary Planning & Zoning Commission . Mr. Lueck said he does not necessarily agree with Mr. Angle, but call the city. He asked if they knew the City Manager's telephone number. He said to call Mr. Line every day until something is done. Chairman Wood asked Mr. Miller to follow through and contact the Community Development Department and Pam Burney. Mr. Turner asked that they call his office and talk to Sabine Rowell or him. He gave them their phone number. David Barfield made a motion to approve PZ 90-02 subject to terms be adhered to prior to issuance of an occupancy permit. This motion died for lack of a second. Mr. Bowen made the motion to deny PZ 90-02. This motion was seconded by Mr. Lueck and the motion to deny passed by a vote of 6-1 with David Barfield voting against denial. The meeting adjourned at 8:55 P.M.