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HomeMy WebLinkAboutPZ 1987-09-10 Minutes . MINUTES OF THE REGULAR MEETING OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF NORTH RICHLAND HILLS, TEXAS SEPTEMBER 10, 1987 - 7:30 P. M. CALL TO ORDER The meeting was called to order by the Vice Chairman, Mark Wood, at 7:30 P.M. ROLL CALL PRESENT: Vice Chairman Secretary Alt. Members Mark Wood John Schwinger George Tucker Manny Tricoli Richard Royston Wanda Calvert Dir. Planning/Dev. P & Z Coordinator ABSENT: Don Bowen Carole Flippo CONSIDERATION OF THE MINUTES OF AUGUST 27, 1987 Mr. Schwinger made the motion to approve the minutes as written. This motion was seconded by Mr. Tricoli and the motion carried 4-0. . 1. PZ 87-16 Request of R. D. Blackard to rezone Tracts 4Bl & 4C2, William Mann Survey, Abstract 1010, from their present classification of R-l Single Family to R-8 Single Family Detached Zero Lot Line. This property is located on the north side of Chapman Road at Little Ranch Road. Vice Chairman Wood opened the Public Hearing and called for those wishing to speak in favor of this request to please come forward. . George Staples, Attorney, came forward to represent the applicant. He said Mr. Blackard is also present. Mr. Staples stated the area around this property is older homes with large lots. He gave the Commission pictures showing the area. Mr. Staples said their proposed layout would cater to the retired person. He said there are very few residences around the area. He said he had two letters from property owners in the immediate area who have no objection to this zoning request. He said he does not have the property owner to the east of the property. Page 2 p & Z Minutes September 10, 1987 . Mr. Staples stated there is a concrete lined channel which separates this property from the developed area. He said there is only the model home across the street. R. D. Blackard came forward. He said he stands ready to answer any questions they might have. Vice Chairman Wood called for those wishing to speak in opposition to this request to please come forward. . George Seagraves, 2221 E. Lamar, #950, Arlington, came forward. He said he was director of land development and was here to represent the owner of the lots across the street in Fox Hollow Addition. He said the owner, Mr. Utah Horton, is also present. Mr. Seagraves stated that the lots in Fox Holloware 8,000 square feet and larger and are deed restricted to a minimum of 1,500 square foot houses, but the average size is 1,800. He said where Fox Hollow is approximately 6 units per acre, their's is approximately 25 units per acre. Mr. Seagraves stated the current builders in Fox Hollow build homes that range from $92,000 to $128,000, something North Richland Hills can be proud of. He asked the homeowners present who were in opposition to this request to stand. . Mr. Seagraves said while waiting for the meeting to start, he visited the Library. He said while there he read an article titled "Inspecting your home" and the first thing was to review the surroundings. He said these people have done their homework. Mr. Seagraves stated this zoning would adversely affect their development. He requested the Commission make it equal to the Fox Hollow Addition. Page 3 P & Z Minutes September 10, 1987 . James A. Bellomy, 6912 Little Ranch Road, came forward. He requested a clarification of the R-8 zoning. Mr. Royston said it was Zero Lot Line Single Family, 4,000 square foot lots and 1,200 square foot homes. . Mr. Bellomy said he felt this would bring the value down on his property. He stated that Morgan Meadows Addition has large lots and most have animals. He said when development is started, there would probably be complaints about odor, etc. Mr. Bellomy said the Addition has small roads with ditches and the added traffic would have to travel our roads to the schools and children would have to walk on the narrow roads. He said the large lots are for country atmosphere. He said he has a picture of the water problem; half of this property is in the 100 year flood plain and half is in the 50 year flood plain. He said this addition would increase the problem we already have. . Phillip Conroy, 7525 Sean Drive, came forward. He asked if North Richland Hills would benefit from this zoning. He said it would decrease the property value. He said he has 4 children to think about. Mr. Conroy said this would degrade traffic. He said he lives on Holiday Lane, a block off Chapman Road and cars go by 50 to 60 miles an hour on Sean and will be worse when the opening is made across the railroad. Mr. Conroy said there is presently a border east of the drainage at the park between the $92,000 to $250,000 homes and the smaller ones. He said this was one of the factors that caused him to settle in the Fox Hollow Addition. He said he did not want high density zero lot line houses. Mr. Conroy said Mr. Staples stated most of the property in the area was undeveloped. He said Page 4 P & Z Minutes September 10, 1987 . that is false. He said there are several children in the area on bicycles, running up and down the streets. He said this would be a retirement village; there is nothing in writing. Mr. Conroy asked the Commission to consider the people who have purchased their homes here. . John Guidry, 7433 Sean Drive, came forward. He said he lives two blocks south of the property in question. He said although he works in Dallas, he and his wife who are young professionals made an extensive search and chose North Richland Hills and Fox Hollow Addition. Mr. Guidry said he was very concerned with their investment and concerned with the added traffic it would cause. He said from R-l to R-8 is a drastic change. Mr. Guidry requested the Commission consider not granting this request. Kathy Conroy, 7525 Sean Drive, came forward. She said she is concerned with transients; the people would not live there long and it would increase theft. Vice Chairman Wood closed the Public Hearing. Mr. Staples came forward. He said Mr. Blackard does not build cheap houses, he builds expensive stuff. He said they are prepared to have restrictions on the property. Mr. Staples said Mr. Blackard wishes to postpone this request to give him time to negotiate with the people. PZ 87-16 POSTPONED Mr. Schwinger made the motion to postpone PZ 87-16 to a future date. This motion was seconded by Mr. Tricoli and the motion carried 3-1 with Mr. Tucker voting against the postponement. . Page 5 P & Z Minutes September 10, 1987 . Vice Chairman Wood asked Mr. Royston if the people would be contacted. Mr. Royston said the Public Hearing had been closed so they would not be notified. Vice Chairman Wood said he would want to also give the people ample opportunity to speak again. Mr. Royston said we would contact them again. Mr. Tucker said they may be loosing time because even if the Commission denies it, they could go on to the City Council. He said the Council is the ones who approves the request, the Planning and Zoning Commission just recommends. . RECESS The Vice Chairman called a 3 minute recess to allow time for the people involved in this request to clear the chamber. BACK TO ORDER The Vice Chairman called to meeting back to order with the same members present. 2. PZ 87-18 Request of Burk Collins Investments, Inc. to rezone Lots 31-43, Block 2, W.E. Odell Addition, Lots 1-17, Block 4, Lots 1-14, Block 5, Lots 59-64, and a portion of Lot 58, Block 3, Stonybrooke South Addition, from their present classifications of R-3 Single Family, R-8 Single Family Detached Zero Lot Line, and R-5-D Duplex to I-2 Industrial. This property is located south of Odell Street, east and northeast of Northeast Parkway, and east of Davis Boulevard. . Vice Chairman Wood opened the Public Hearing and called for those wishing to speak in favor of this request to please come forward. Page 6 P & Z Minutes September 10, 1987 . Burk Collins came forward. He said this would be a Haverty's 30,000 square foot retail store, 18,000 square foot district office with a distribution center in the back. He said with the Industrial he has, it didn't work well so he needs to take some of the residential and duplex out of Stonybrooke South. Mr. Collins said he had tried to be sensitive to the people on Odell Street. He said he would like to acquire all the homes. Mr. Collins stated he had made offers and only one has refused. He said some have counter offered. Mr. Collins said Havertys is also looking at a site in Bedford and he is squeezed for time. Mr. Tucker asked how many employees would this project have. . Mr. Collins said it would offer approximately 450 jobs to the area. He said the retail store would generate a million dollars per month sales. He said there are 76 Haverty stores over the country. Mr. Schwinger asked Mr. Collins if he intended to purchase the lots on both sides of Odell Street. Mr. Collins said that is his intention. He said Havertys has a time schedule so he had to come in with the request just for Haverty's site. He said he has several others under contract; only one on the south side has not signed. Vice Chairman Wood asked what about the north side of the street. . Mr. Collins said he has some on contract, but the bank won't let you speculate on land. He said he would love to acquire all that property. Page 7 p & Z Minutes September 10, 1987 . Barbara Dutton, 8204 Odell Street, came forward. She said she lives at the corner of Davis and Odell and they are under contract with Mr. Collins. Ms. Dutton said she read the write-up in the paper stating it was a quiet place to live. She said police are called out there, cars race up the street, a house was burned, and a woman was shot 4 times by her brother. She said just look at the land, it is rather shabby and she feels the best use is to rezone it to Industrial. Ms. Dutton said there are only 8 on the south side of the street and 6 on the north side. She said most plan to retire and move away. She said she feels this is the highest and best use for the land. . Vice Chairman Wood called for those wishing to speak in opposition to this request to please come forward. V. L. Gibson, 8333 Odell Street, came forward. He said Mr. Collins stated most of the property owners were too high. Mr. Gibson said that was not true. He said Mr. Collins didn't offer him enough to buy a lot and build another house on it. Mr. Gibson said he understood they would be offered commercial price. . Mr. Gibson said he had lived here 37 years and he and his wife contributes many hours to the city. He said he tries to attend every City Council meeting and tries to promote good will. Mr. Gibson asked how would you like to have a warehouse in front of your property. He said he read the article in the paper where Richard Royston said it was not uncommon to have different zonings on either side of a street. He said it also quoted Councilman Richard Davis as saying he could support Industrial if it had a sufficient buffer. Mr. Gibson said Councilman Davis also stated the City might could protect Odell Street from Page 8 P & Z Minutes September 10, 1987 . trucks. Mr. Gibson said the Master Plan shows Odell Street to be residential, but this would make one side residential and one side industrial. He said they want to extend it into Stonybrooke South Addition down to the railroad. Mr. Gibson said they have built streets in Stonybrooke South and it should be a nice residential area. Mr. Gibson said when George Tucker was Chairman he said no Commercial should come close to a residential area. Mr. Gibson said newspaper articles favor developments. He said Mr. Royston said he was concerned with leaving a few neighbors on the north side. Mr. Gibson asked the Commission to please refuse this request and say no. He said he has a friend who is an attorney who is here to help us, you and Mr. Collins. . Kenneth LeVan, 8440 Glenann Drive, came forward. He said following Mr. Gibson doesn't leave much to say. Mr. LeVan said he is also against the rezoning request. . Donald Chaille, 8405 Timberline Court in Stonybrooke, came forward. He said he had lived here for 11 years. He said he was present when they rezoned the portion of Stonybrooke South. He said he went to the City and reviewed the cases and read the minutes. He said PZ 85-51 was for 45 acres to R-5-D. He said in that meeting Burk Collins stated he had a 45 acre tract which had lots of problems. He said it was in the flood plain, backs up to the railroad and joins Industrial. Mr. Chaille said in July and August Mr. Collins came back for R-2 next to Stonybrooke, R-8 to the west, and duplex. He said Mr. Collins stated the owner is disabled and needs to sell and if you deny this you are denying the use of his property. He said Mr. Collins stated he felt this was the best use of the property. He Page 9 p & Z Minutes September 10, 1987 . . stated that the property had sold several times, but could not be developed. He said Mr. Collins stated he would have to put in a concrete channel, the best use is all residential and he bought it for residential prices, but now he wants to rezone it to Industrial. Mr. Chaille said the only change is Mr. Collins balance sheet. He said he believes this was Mr. Collins plan and intent from the beginning. Mr. Chaille said the right thing to do would be to deny this request. He said he does not regularly attend these meetings, but feels Mr. Collins is a wheeler-dealer. He said he feels it is stacked against the citizens in favor of Burk Collins. Mr. Chaille said he read the newspaper article which stated Richard Royston said the Land Use plan shows it to be a residential area. He also said he stated he would be more agreeable if Collins owned both sides and Mr. Royston said he did not think it inappropriate because a street is a natural barrier. Mr. Chaille said he could not believe he would think a street would be a barrier. Mr. Chaille said Councilman Richard Davis said he could support it if there was adequate buffers. He also stated maybe they could cut Odell Street off from truck traffic. Mr. Chaille requested denial of this request. . Bill Odette, 8337 Odell Street, came forward. He said he has lived there 14 years. He said he is disabled and on social security. He said they like to live there for the peace and quiet. Mr. Odette said they have friends all around him and he would have to give them up. He said cars and trucks and motorcycles go 60 to 70 miles an hour up and down the street. He said he has children that come to visit and this speeding should be stopped. . . . Page 10 p & Z Minutes September 10, 1987 Bill Williams, 4620 Riverview Drive, came forward. He said he was speaking for a friend who lives on the north side of Odell Street. Mr. Williams said he had been affected by a zoning change and he wound up moving because of the zoning. He said the people are elderly with large back yards and it makes him think of his home town. He said this would be spot or island zoning. He said he is against this and requests the Commission deny the zoning or work something out. Joanne Ruppel, 7013 Stoneridge Drive, came forward. She said she had two problems with this. She said if it is rezoned there would be truck traffic through Stonybrooke Addition; and two years ago they agreed on one thing and now they want something different. Ms. Ruppel requested the Commission deny the proposal. Don Bowen came in. Helen Carpenter came forward. She said she is the owner of 8217 Odell Street and she has not been contacted. She said she does not feel they have been totally honest, because they have made no effort to contact her. Vice Chairman Wood said he was sure Mr. Collins would want to talk to her. Mr. Collins came forward. He said they showed Mrs. Allen owned that property. Mr. Collins said they have some overlapping into Stonybrooke South, but what we proposed would almost be what we already have. He said times are changing and the economy has changed. He said they will be back in a few weeks requesting residential instead of the duplex and it will increase the value of the property. Vice Chairman Wood closed the Public Hearing. Page 11 P & Z Minutes September 10, 1987 . Mr. Tucker said this is a difficult task for the Commission. He said Odell Street is bounded by Commercial and Industrial. He said it is an island now. Mr. Tucker said the Commission has to decide the highest and best use for the City as a whole. He said the City is 65% residential and 35% commercial and the City has been trying to get clean developments into the City with no smoke. Mr. Tucker said this would affect the people; a lot of people on the south want to sell and the ones on the north don't want to sell. . Mr. Schwinger said he concurred with Mr. Tucker. He read "Purposes of Zoning": To protect the health, safety, morality and welfare of the Community; To carry out land use/development policies of the Comprehensive plan; To prevent adverse or undesirable effects that incompatible uses could have on each other; To assure sufficient, suitable land for future development; To protect and improve the physical environment; To protect and maintain property values; To ensure that land uses are properly situated in relation to one another; To control density so that property can be adequately serviced by public services and facilities; To preserve and develop the community's economic base. Mr. Schwinger said the Commission must weigh these before we can make a decision. PZ 87-18 APPROVED Mr. Tricoli made the motion to approve PZ 87-18. This motion was seconded by Mr. Schwinger and the motion carried 4-0 with Don Bowen abstaining since he was not present for the entire presentation. . Page 12 P & Z Minutes September 10, 1987 . Mr. Tucker stated this is only a recommendation to the City Council and it will be heard October 12th. Chairman Bowen said the property owners would not get another notice. 3. PS 87-25 Consideration of an amendment to the Subdivision Ordinance R195 regarding Park Land Dedication. PS 87-25 DENIED Mr. Tucker made the recommendation that the Council not approve this proposed revision to the Subdivision Ordinance D195 at this time. This motion was seconded by Mr. Tricoli and the motion carried 5-0. 4. Election of Commission Officers. . Mr. Tucker made the motion to postpone the election of officers until such time the City Council appoints or re-appoints the Commission members. This motion was seconded by Mr. Schwinger and the motion carried 5-0. ADJOURNMENT The meeting adjourned at 8:50 P. M. V· e Chairman Planning & Zoning /?-'/ /7 // / - - . .~~~~¡:-;~ !.:~~----::::;:::::.. . :;-(:::::~-- -..,.~ ~::re;;¡'~y Planni'ttg~-zii~i~g-~iSSion .