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HomeMy WebLinkAboutPZ 1985-11-14 Minutes ~ . MINUTES OF THE REGULAR MEETING OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF NORTH RICHLAND HILLS, TEXAS NOVEMBER 14, 1985 - 7:30 P. M. CALL TO ORDER The meeting was called to order by the Chairman, Don Bowen, at 7:30 P. M. ROLL CALL PRESENT: Chairman Secretary Members Don Bowen John Schwinger Mark Wood Marjorie Nash Joe Hallford Carole Flippo Richard Royston Wanda Calvert Alt. Member Dir. Planning & Dev. P & Z Coordinator CONSIDERATION OF THE MINUTES OF OCTOBER 24, 1985 Ms. Nash made the motion to approve the minutes as written. This motion was seconded by Mr. Hallford and the motion carried 3-0 with Mr. Wood and Mr. Schwinger abstaining since they were not present at the meeting. . 1. PS 85-78 Request of Wright Construction Company for final plat of Steeple Ridge Estates. PS 85-78 APPROVED Mr. Wood made the motion to approve PS 85078 subject to the Engineer's comments. This motion was seconded by Ms. Nash and the motion carried 5-0. 2. PS 85-82 Request of Jeff Marsh for final plat of Block 23, Kingswood Estates. PS 85-82 APPROVED Mr. Schwinger made the motion to approve ps 85-82. This motion was seconded by Mr. Hallford and the motion carried 5-0. 3. PS 85-86 Request of Arnold V. Pent, III for final plat of Lot 2, Block 7, Richfield Addition. PS 85-86 APPROVED Mr. Wood made the motion to approve PS 85-86. This motion was seconded by Ms. Nash and the motion carried 5-0. . ~ Page 2 P & Z Minutes November 14, 1985 . Chairman Bowen stated they would move item #22 to item #3a at this time. 3a. PS 85-85 Request of Century Building Construction Company for replat of Lots lR, 27-110, Block 4, Northridge Addition. PS 85-85 APPROVED Ms. Nash made the motion to approve PS 85-85. This motion was seconded by Mr. Schwinger and the motion carried 5-0. Chairman Bowen stated the Commission approved in September new procedures. Each side will get to present his case and then each person will have two minutes to speak. He said this is in the interest of time since there are a lot of people wishing to speak. 4. PZ 85-121 Request of Ron McFarland with Hansom Hanks to rezone a portion of Lot 20, Block 4, Diamond Loch Addition, from its present classification of LR (Local Retail) to LR-Specific Use-Sale of Beer for off premise consumption. This property is located at the southwest corner of Glenview Drive and Dawn Drive. . Chairman Bowen opened the Public Hearing and called for those wishing to speak in favor of this request to please come forward. Mr. McFarland came forward. He said this is a typical convenience store and he wishes to sell beer. Chairman Bowen stated that before going to the City Council, Mr. McFarland would need to submit a name for the Specific Use. He said the Specific Use is granted in an individual's name, not a company. . Mr. McFarland said that would be fine. ~ Page 3 p & Z Minutes November 14, 1985 . Chairman Bowen called for those wishing to speak in opposition to this request to please come forward. . Mike Augustine, 6205 Glengarry Court, came forward. He said he was the President of the Diamond Loch Homeowners Association. He said while he is not representing the homeowners, the office strongly opposes this request for the following reasons: 1. The type of retail establishment and its proximity to residential property. 2. Traffic and safety issues at this location. 3. Noncompliance with the 300 foot provisions for Specific Use at this location. Mr. Augustine stated a convenience store is not needed at this location with 24-hour operation, bright lights, and large signs in a residential neighborhood. He said the property joins six residential homes with no buffer. Mr. Augustine stated the proposed use would be detrimental to the property values and would disrupt the residential harmony. He said if the zoning is approved, the sale of beer at this location will serve a large portion of Haltom City which remains dry. Mr. Augustine stated this area is not set up as a commercial or retail intersection. He said it is located on a wide curve at the base of a hill. He said a number of auto accidents including a near fatality have occurred at this intersection. He said there are no left turn lanes, no traffic control, no safe passage for school children along or across Glenview and no public walks are available. . Mr. Augustine stated there is a Pre-school and Day Care Center in the area. He said the State requires and our zoning laws restrict the sales of alcoholic beverages to beyond 300 feet of churches or schools. Mr. Augusting stated there are dozens of residential homes with children of all ages within 300 feet of the location. ~ Page 4 P & Z Minutes November 14, 1985 . Chairman Bowen stated he was not sure of that means Pre-schools. Mr. Royston stated it means Public Schools. Chairman Bowen explained how it has to be measured. Mr. Augustine said the key issue is the location and the traffic. Mr. Schwinger asked if Mr. Augustine had a petition against this request. Mr. Augustine stated there is one and another homeowner has it. . Monty Standifer, 6216 Glengarry Court, came forward. He said they do not need beer sales in their neighborhood. He said people come to view their neighborhood at Christmas time and at Halloween, a lot of children were driven into the neighborhood. Mr. Standifer stated the traffic this request would generate would endanger the neighborhood. He said Dawn Drive is already a severe traffic hazard and they need additional patrol now. Mr. Standifer stated they already have beer sales less than a mile away. Frank Cox, 4004 Diamond Loch East, came forward. He stated there were already 4 convenient stores in the area; why is another one needed. Mr. Cox said when this property was zoned, it was zoned Local Retail Professional and he opposes the sale of beer, a convenience store, and the sale of gas. . Trish Cooke, 3832 Diamond Loch West, came forward. She said this would be detrimental to the residential area and it would devalue their property. She said the traffic is bad now, it is hard to get out of Diamond Loch now and it would be a greater hazard. ~ Page 5 P & Z Minutes November 14, 1985 . P & Z Alternate Member, Carole Flippo, stated her feelings go with the homeowners. She said she felt it was too close to the residences and it would cause more traffic. Chairman Bowen closed the Public Hearing. PZ 85-121 DENIED Mr. Wood made the motion to deny PZ 85-121. This motion was seconded by Mr. Schwinger and the motion to deny carried 5-0. 5. PZ 85-122 Request of Texas Electric Service Company to rezone Tract 4, S. Richardson Survey, Abstract 1266, from its present classification of AG (Agriculture) to U (Institutional). This property is located on the east side of Davis Boulevard at Cherokee Trail. . Chairman Bowen opened the Public Hearing and called for those wishing to speak in favor of this request to please come forward. Dwayne Freeman with TESCO came forward. He stated they plan to build a Sub-station on this property. Chairman Bowen 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 85-122 APPROVED Mr. Schwinger made the motion to approve PZ 85-122. This motion was seconded by Ms. Nash and the motion carried 5-0. 6. PZ 85-123 Request of Tim & Betty M. Greer to rezone Lot lR, Calloway Acres Addition, from its present classification of C-l (Commercial) to C-I-Specific Use-Sale of Used Autos. This property is located at 6913 Grapevine Highway. . ~ Page 6 P & Z Minutes November 14, 1985 . Mark Greer, 101 S. Jennings, Suite 100, came forward to represent Tim and Betty Greer. He stated they plan to repave the parking, repair and replace all signs and install better lighting. Mr. Greer stated they would have a general cleaning and maintenance. He said they plan to have a small show room and they also plan to sell a line of new foreign cars. . Mr. Greer stated this request would increase the tax base 30% to 50% and their payroll would exceed $104,000. He stated they would have an inventory of $150,000 and the city would also receive sales tax on parts. Mr. Greer stated they had prepared a brochure showing types of vehicles they plan to have. He said they plan to move their entire operation from 812 W. Weatherford in Fort Worth where they have been for 23 years. Chairman Bowen asked Mr. Greer if they would object to restricting the age of the cars. He said they usually put a limit of 2 years. Mr. Greer stated they handle vintage sports cars and antiques. He said most of their cars would be about 4 years old. Mr. Hallford asked what percentage of new cars they would have. Mr. Greer stated they were now in negotiation for the new cars. . Betty Greer, 4613 Mackey Drive, came forward. She stated she had lived in North Richland Hills for 25 years and they had been in business since 1964. Ms. Greer stated they presently sell sports cars. She said she and her son, Tim, will be in business together. She said her son, Mark, is an attorney. ~ Page 7 P & Z Minutes November 14, 1985 . Ms. Greer stated she is acquainted with Mr. Bertleson of the Bertleson Used Cars down the street. Chairman Bowen called for those wishing to speak in opposition to this request to please come forward. Leonard Urbanousky, 3805 Parchman, came forward. He said the last thing he wants is a used car lot next door. Mrs. Paul C. Mason, 6905 Grapevine Highway, came forward. She stated they have had the Mason's Hobby Lobby for 33 years. She stated they do not want a car lot next to her. Chairman Bowen closed the Public Hearing. . Mr. Wood stated he agrees with Mrs. Mason. He said he does not want to see Grapevine Highway turn into a Belknap Street. PZ 85-123 ~ DENIED Mr. Hallford made the motion to deny PZ 85-123. This motion was seconded by Ms. Nash and the motion to deny carried 5-0. 7. PZ 85-124 Request of Haltom City Church of the Nazarene and West Texas Church of the Nazarene to rezone Tracts 7Hl & 7D, T.K. Martin Survey, Abstract 1055, from their present classification of AG (Agriculture) to U (Institutional). This property is located on the north side of Martin Drive, approximately 540 feet west of Crane Road. Chairman Bowen opened the Public Hearing and called for those wishing to speak in favor of this request to please come forward. . Rev. E. Dale Taylor, 5605 Stone, NRH, came forward to represent the church which is located at 5009 Stanley Keller Road. He stated they bought this property to relocate. ~ Page 8 p & Z Minutes November 14, 1985 . Rev. Taylor said the reason for the Institutional zoning request, they do cooperative Day Care with the YMCA. He said they plan to have a Day Care-Kindergarten so they can minister to the area. Mr. Wood asked Mr. Royston if technically a church could go in any zoning category except for Agriculture. Mr. Royston stated that was correct. Mr. Wood stated they could zone it R-l or Commercial and then could turn right around and build a church. Chairman Bowen called for those wishing to speak in opposition to this request to please come forward. . Gordon Crow, 6409 Chilton Drive, came forward. He stated this request would lower the property values and cause more traffic. Mr. Crow stated there is an abundance of Commercial zoning in North Richland Hills, let them use some of it. He asked for a show of hands of the homeowners in opposition to this request. There were several present. Sid Cavanaugh, 6605 Crane, came forward. He stated he has 600 feet of property that abuts this property. He asked what the definition of Institutional zoning. Chairman Bowen read from the Zoning Ordinance which states what can be in Institutional zoning. Mr. Cavanaugh stated the City of North Richland Hills has not done anything for the Smithfield area. He said there are no streets with curbs unless the developers build them. . Mr. Cavanaugh stated his neighbors have cut trenches across his 5 acres to take care of the water runoff. He said if this property has to be rezoned, rezone it to R-l. ~ Page 9 P & Z Minutes November 14, 1985 . Chairman Bowen said they could build a church in R-l. Mr. Cavanaugh said the Institutional classification has a broader base. David Maryol, 5705 Rufe Snow Drive, came forward. He stated he was in opposition to this rezoning. He said Glenann was 35% complete. He said his property is on Chilton Drive which backs up to this property. Mr. Maryol said he represents several homeowners who were unable to attend. He said they all are afraid that when they put in a parking lot for the church it will flood the area. . Joyce Fleming, Chilton Drive, came forward. She said her property abuts this property. She said her husband works nights and sleeps days and he could not sleep with a Day Care next to their home. He said they only bought there 6 months ago and they would have to sell because her husband could not sleep with little kids running around. She said her bedroom would be about 50 feet from where they plan to put the church. Chairman Bowen closed the Public Hearing. PZ 85-124 DENIED Ms. Nash made the motion to deny PZ 85-124. This motion was seconded by Mr. Wood and the motion to deny carried 3-2 with Mr. Schwinger and Chairman Bowen voting against denial. Mr. Wood said he would be in favor of R-1 zoning with a church. 8. PZ 85-125 Request of Southland Corporation to rezone a portion of Lot lOR, Block 6, Hillview Addition, from its present classification of C-2 (Commercial) to C-2-Specific Use-Sale of Beer for off premise consumption. This property is located at 4100 Rufe Snow Drive. . ~ Page 10 p & Z Minutes November 14, 1985 . Chairman Bowen opened the Public Hearing and called for those wishing to speak in favor of this request to please come forward. John Lawler, 2123 Park Springs, Arlington, came forward to represent the 7-11 store. He said they had been here since 1973 and the reason for this request is they are within 100 yards of one that sells beer so they need approval. Mr. Lawler said their employees spend 3 hours training to sell beer. He said they are trained in who to sell to, etc. Chairman Bowen called for those wishing to speak in opposition to this request to please come forward. . J. D. Richardson, 4106 Carma, came forward. He said he lives directly across the street east. He said they have the same reasons as the Diamond Loch residents had. He said when they built, they were told there would be a buffer, but there is no buffer. Mr. Richardson stated the drive opens onto Carma which is a residential street. He said one child has been killed. Don Adams, 4112 Carma Drive, came forward. He stated he lives across the street from the property in question. He said people come out of the 7-11, go behind it and into our yard to relieve what they drank. Mr. Adams said the traffic is bad and they come out of the parking lot fast. He said they don't need beer there. Chairman Bowen closed the Public Hearing. PZ 85-125 APPROVED Mr. Schwinger made the motion to approve PZ 85-125. This motion was seconded by Mr. Hallford and the motion carried 3-2 with Ms. Nash and Mr. Wood voting against. . ~ Page 11 P & Z Minutes November 14, 1985 . 9. PZ 85-126 Request of Sea Galley Restaurant to rezone a portion of Lots 1 & 2, Richland Oaks Addition, from their present classification of C-1 (Commercial) to C-I-Specific Use-Sale of Alcoholic Beverages. This property is located on the north side of Bedford-Euless Road at Strummer Drive. Chairman Bowen opened the Public Hearing and called for those wishing to speak in favor of this request to please come forward. . Mike Walters, 1209 Sunrise, Keller, came forward. He said he works for Burk Collins. He showed a site plan of the 30,000 square foot Haverty's and this restaurant. He said the restaurant will be across the street from Bennigan's. Mr. Walters said they plan to build a barrier between the residential. He said the Sea Galley wishes to sell wine and mixed beverages as a side line which would be approximately 10% of their business. Chairman Bowen called for those wishing to speak in opposition to this request to please come forward. Arthur Stanford, 5101 Pearl Drive, came forward. He said when this property was rezoned they said they were not putting in alcoholic beverages, but he can see now it was all lies. Mr. Stanford said this would not enhance the area and will cause a traffic hazard. Chairman Bowen closed the Public Hearing. PZ 85-126 DENIED Ms. Nash made the motion to deny PZ 85-126. This motion was seconded by Mr. Wood and the motion to deny carried 3-2 with Mr. Bowen and Mr. Schwinger voting against denial. . . . . ~ Page 12 p & Z Minutes November 14, 1985 10. PZ 85-127 Request of Northwood Plaza Joint Venture to rezone Lot 4, Block 13, Snow Heights North Addition, from its present classification of C-1 (Commercial) to C-2 (Commercial). This property is located on the south side of Lewis Drive, east of Minyards. Chairman Bowen opened the Public Hearing and called for those wishing to speak in favor of this request to please come forward. Neil Cukerbaum came forward. He stated this was a small tract of land which is part of the Northwood Plaza. He stated they were over parked by 20% in this shopping center. Mr. Cukerbaum said he had assumed all the area was zoned C-2, but found this area was C-l. He said this is proposed to be a self-service Car Wash; it will be high quality with the overall architecture and masonry construction with the red band. Mr. Cukerbaum said they have proved to have quality of development in North Richland Hills and feels this is the highest and best use of the property. Chairman Bowen 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 85-127 APPROVED Mr. Schwinger made the motion to approve PZ 85-127. This motion was seconded by Ms. Nash and the motion carried 5-0. 11. PZ 85-128 Request of Brother's Pizza to rezone a portion of Lot 1R, Block B, Calloway Farms Addition, from its present classification of C-l (Commercial) to C-1-Specific Use-Sale of Alcoholic Beverages. This property is located at 604 North Hills Mall. ~ Page 13 P & Z Minutes November 14, 1985 . Chairman Bowen opened the Public Hearing and called for those wishing to speak in favor of this request to please come forward. Phil Vakharia came forward to represent Brother's Pizza. He said they wish to serve beer and wine with their pizza. He said it would increase the revenue. Mr. Vakharia said they have one in 6 Flags Mall. He read a letter from North Hills Mall giving their approval to seek this zoning request. Chairman Bowen asked how they plan to enforce the on premise consumption. Mr. Vakharia said it would be served in paper cups and paper glasses and there is a general location where they would eat. . Ms. Nash asked what would keep them from walking off with the glasses. Chairman Bowen asked if they would be considered on premise if they were in the mall. Mr. Royston stated we need to consult the City Attorney. Mr. Wood said the restaurant that was previously approved is different. He said this man's premise is behind his counter. He said he did not feel the Commission could approve this request. Chairman Bowen 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. . Mr. Wood said he felt there would be a problem controlling the substance since there are teenagers and kids in the mall. He said this could present a serious problem. ~ Page 14 P & Z Minutes November 14, 1985 . Mr. Schwinger said he shared Mr. Wood's concern. PZ 85-128 DENIED Mr. Hallford made the motion to deny PZ 85-128. This motion was seconded by Mr. Wood and the motion to deny carried 5-0. RECESS The Chairman called a recess at 8:55 P. M. BACK TO ORDER Chairman Bowen called the meeting back to order at 9:05. He stated Marjorie Nash left and Alternate Carole Flippo would take her place in voting. Chairman Bowen stated the next 4 requests located on the east side of Smithfield Road (Green Valley Raceway) will be heard together but voted on separately. 12. PZ 85-129 Tract 23-Request of B. H. & L. Joint Venture to rezone a portion of Tract 2A3, S. Richardson Survey, Abstract 1266, from its present classification of AG (Agriculture) to 0-1 (Office District). . 13. PZ 85-130 Tract 24-Request of B. H. & L. Joint Venture to rezone a portion of Tract 2A3, S. Richardson Survey, Abstract 1266, from its present classification of AG (Agriculture) to C-2 (Commercial). 14. PZ 85-131 Tract 25-Request of B. H. & L. Joint Venture to rezone part of Tract 1A1, A. Hood Survey, Abstract 683, and part of Tract 2A3, S. Richardson Survey, Abstract 1266, from their present classifications of AG (Agriculture) and C-2 (Commercial) to R-4-SD (Separate Ownership Duplex). 15. PZ 85-132 Tract 26-Request of B. H. & L. Joint Venture to rezone part of Tracts 1A & 1Al, A. Hood Survey, Abstract 683, from their present classifications of AG (Agriculture) & C-2 (Commercial) to R-1 (Single Family). . ~ Page 15 P & Z Minutes November 14, 1985 . Chairman Bowen opened the Public Hearing for the 4 requests and called for those wishing to speak in favor of these requests to please come forward. . Owen D. Long, 1615 Precinct Line Road, came forward. He said he was part owner in this project. He said Tract 23 is 10.7 acres for Office zoning and is adjacent to Office zoning; Tract 24 is from AG to C-2 Commercial. Mr. Long said all they were doing was moving the C-2 up to Wilson Lane and would be separated by the drainage ditch. He said Tract 25 is 28.9 acres of single family attached duplex zoning. He said they plan to build them with one front door so they would look like one large house; Tract 26 is 80.47 acres of R-1. Mr. Long said R-l allows 1800 square foot homes, but they are thinking about deed restricting them to 2,000 square feet. Mr. Long said they are asked how quick it will be developed. He said the Raceway still has some time and also they plan to put in the streets, Wilson and Bursey, before they do any development. Mr. Long said they plan to keep the trees on the south property line. He requested rebuttal time. Mr. Wood said he felt this was a good plan moving the C-2 Commercial and Office zoning to Wilson Lane and he likes the R-1 zoning, but someone previously came in for R-8 zoning, which was denied, and you opposed it, you did not want R-8 next to your R-1 zoning. . Mr. Long said he came forward and showed his plan to them. He said he did not say he opposed it. Mr. Long stated they plan to build a drainage channel to complement the R.G.A. Development, if they get their zoning. ~ Page 16 P & Z Minutes November 14, 1985 . Mr. Long said they have a major gas line they will have to work with. He said they plan to maintain the lakes. Mr. Wood asked if R-2 would work instead of the duplex zoning. Mr. Long said it would cost them 102 units. He said they have a total of 665 acres in the northern portion of the city and they are trying to have a good plan. Mr. Wood asked if he thought he needed C-2 instead of C-1. Mr. Long stated that C-2 is what they already have and are just moving it north. He said R. G. A. has C-2 on the other corner and they have R-l and R-8 across from our R-4. . Chairman Bowen called for those wishing to speak in opposition to this request to please come forward. Jack Frisque, 8025 Valley Drive, came forward. He said he was speaking on behalf of the homeowners. Mr. Frisque said the homeowners were confronted by Mr. Barfield to oppose the R-8 zoning. He said he had tried to contact Mr. Barfield to have a meeting with him and the homeowners as we did with R. G. A. Mr. Frisque stated the Commission denied the duplex previously asked across the street. Mr. Frisque said he represents a large portion of the 50% of undeveloped property in North Richland Hills. He said we need a good plan. Mr. Frisque stated Mr. Barfield owns some duplex property that is vacant or for rent. He said the separate ownership duplexes have signs up for lease also. . Mr. Frisque said this zoning request would be detrimental to what we have in the area. ~ Page 17 P & Z Minutes November 14, 1985 . Jack Knowles, 7955 Smithfield Road, came forward. He said the duplex request would be an excessive amount for a buffer. He said the creek could be a natural buffer. Mr. Wood asked what Mr. Knowles feelings were on the C-2 and 0-1 requests. Mr. Knowles stated he had no problem with them with the creek serving as a buffer. . Mr. Long came forward. He said he felt they had given you a good plan; if you can not approve them all, deny all four requests. He said they had to pick up the costs somewhere. Mr. Long stated they bought Green Valley to have an environmental development. He said if the Commission would look at the Master Plan, they would find higher density. Chairman Bowen stated the Commission would vote on each request and if Mr. Long does not like the vote, he can withdraw them before going to the City Council. 12. PZ 85-129 APPROVED Mr. Wood made the motion to approve PZ 85-129. This motion was seconded by Mr. Schwinger and the motion carried 5-0. 13. PZ 85-130 APPROVED Mr. Schwinger made the motion to approve PZ 85-130. This motion was seconded by Mr. Hallford and the motion carried 5-0. 14. PZ 85-131 DENIED Mr. Hallford made the motion to deny PZ 85-131. This motion was seconded by Mr. Schwinger and the motion to deny carried 5-0. . 15. PZ 85-132 APPROVED Mr. Schwinger made the motion to approve PZ 85-132. This motion was seconded by Mr. Hallford and the motion carried 5-0. ~ Page 18 p & Z Minutes November 14, 1985 . Chairman Bowen stated the next two requests would be heard together, but voted on separately. 16. PZ 85-133 Tract 2-Request of Oak Hills Joint Venture to rezone part of Tracts 1 & 2A, D. Moses Survey, Abstract 1150, from their present classification of AG (Agriculture) to R-4-SD (Separate Ownership Duplex). This property is located on the north side of the St. Louis & Southwestern Railroad and bounded on the west by Flamingo Estates and Eden Addition. 17. PZ 85-134 Tract I-Request of Oak Hills Joint Venture to rezone part of Tract IB, O. Rumfield Survey, Abstract 1365, and part of Tracts 1 & 2A, D. Moses Survey, Abstract 1150, from their present classification of AG (Agriculture) to R-3 (Single Family). This property is located north of the St. Louis & Southwestern Railroad and bounded on the west by Flamingo Estates and Eden Addition. . Chairman Bowen opened the Public Hearing and called for those wishing to speak in favor of these requests to please come forward. Owen D. Long came forward to represent Oak Hills Joint Venture. He said they have a concrete channel they must improve. He said the property to the west is R-2 with some R-4. Mr. Long stated they plan to have the R-4 as a buffer to the Tarrant County Barn and the railroad. He said the reason Oak Hills to the south of the railroad had not developed, they had been working for two years to get the sewer under the railroad. . Chairman Bowen called for those wishing to speak in opposition to these requests to please come forward. Page 19 P & Z Minutes November 14, 1985 . Nick Samilo, 7312 Boca Raton, came forward. He stated he was not opposed to development, but he was opposed to the R-4-SD. He said R-4-SD would lower the quality and devalue the property. H. S. Weld, Jr., 8970 Hialeah Circle South, came forward. He stated he moved to this area because of the size of the houses and the size of the lots. He said it is mostly R-2. Mr. Weld asked who was Oak Hills Joint Venture, B. H. & L? Mr. Long said Oak Hills Joint Venture has some of the same partners, but are not the same. . Mr. Weld stated he does not oppose duplexes along the railroad, but not the entire area. He said he requests denial of the R-4-SD and change it to R-2 and in PZ 85-134, go from R-3 to R-2; maintain the R-2 for both requests. Bruce Dyer, 8269 Hialeah Circle North, came forward. He said he agreed with Mr. Weld and agrees that the property along the railroad should be duplex. He said put R-3 next to the Duplexes or go directly to R-2 which would have 1600 square feet houses or more. Clarence South, 7304 Boca Raton, came forward. He said he suggests the Commission deny the duplex zoning request and have R-2 for both tracts. He stated the traffic would be bad going in and out. Alex Picard, 7300 Boca Raton, came forward. He requested the Commission deny both requests and rezone to R-2. . Chairman Bowen stated the Commission can not replace another zoning. He said they must approve or deny what has been submitted. Page 20 P & Z Minutes November 14, 1985 . 16. PZ 85-133 DENIED 17. PZ 85-134 APPROVED 18. PZ 85-135 . . ~ Chairman Bowen closed the Public Hearing. Chairman Bowen stated this area has very limited access since there is not an access to Precinct Line Road. He said he is not in favor of the R-4 zoning. Mr. Schwinger made the motion to deny PZ 85-133. This motion was seconded by Mr. Hallford and the motion to deny carried 4-1 with Mr. Wood voting against denial. Mr. Wood made the motion to approve PZ 85-134. This motion was seconded by Ms. Flippo and the motion carried 3-2 with Chairman Bowen and Mr. Schwinger voting against. Request of T. J. Petroleum, Inc. to rezone a portion of Tract A, Block 22, Clearview Addition, from its present classification of C-2 (Commercial) to C-2-Specific Use-Sale of Beer for off premise consumption. This property is located at 4940 Davis Boulevard. Chairman Bowen opened the Public Hearing and called for those wishing to speak in favor of this request to please come forward. Tommy Inglis, 4940 Davis Boulevard, came forward. He said they wish to sell off premise beer. Chairman Bowen called for those wishing to speak in opposition to this request to please come forward. Dr. M.S. Satyanarayana with an office on Davis Boulevard, came forward. He said he was opposed to this request because he must clean up the area now. He said he picks up beer cans and coke cans. Dr. Satyanarayana said he is opposed to the traffic it would create. He said he is opposed to the snow cone stand that is across the street. . . . ~ Page 21 p & Z Minutes November 14, 1985 He said he thinks there should be a law that there be no structures in front of a structure. Chairman Bowen closed the Public Hearing. Mr. Hallford made the motion to approve PZ 85-135. This motion died for lack of a second. PZ 85-135 DENIED Mr. Wood made the motion to deny PZ 85-135. This motion was seconded by Mr. Schwinger and the motion to deny carried 3-2 with Chairman Bowen and Mr. Hallford voting against denial. Mr. Wood asked about the snow cone stand. Mr. Royston stated it was a legal non-conforming use. 19. PZ 85-136 Request of Richmond Bay Development, Inc. to rezone Tract D, Block 1, Meadow Lakes Addition, from its present classification of R-l (Single Family) to R-2 (Single Family). This property is located on the north side of Meadow Lakes Drive at Lariat Drive. Chairman Bowen opened the Public Hearing and called for those wishing to speak in favor of this request to please come forward. Marion Massey, Attorney, came forward to represent Richmond Bay Development. He said he wanted to speak to all three requests, #19, #20, & #21. Chairman Bowen stated the Commission would rather hear #19 and then hear #20 & #21 together. Mr. Massey said they were all connected and he had rather speak to them all together. Page 22 P & Z Minutes November 14, 1985 . Mr. Massey stated this property is zoned Multi-Family until January, 1986. He said they previously made a request for an office park, but received a lot of opposition so they have changed it to R-2. Mr. Massey said they had submitted a plat of the property showing a minimum lot size of 10,400 square feet. He said this is the same as the average lot size for Meadow Lakes, Phase 2 with 2000 square foot houses. . Mr. Massey said the Planned Development was passed in June, 1983 and they have given up some of the Multi-Family. He said in Tract 5, they need an additional 2 acres for condo's which was passed in Ordinance #1033. Mr. Massey said they could swap the 2 acres of Multi-Family to R-2 and add it into Tract 5. He said they need to come out with the same density they had in June, 1983. Mr. Wood said we have a Planned Development involved and we are not sure how we stand. He said he feels we need to talk to the City Attorney. Chairman Bowen stated we cannot have the Public Hearing now for # 20 & #21. Mr. Wood said he feels they should postpone PZ 85-137 and PZ 85-138 until we have time to discuss this with the City Attorney. Mr. Massey said Tract 6 was previously 1F-12 and they are asking that it be changed to R-2 and the Multi-Family Planned Development be changed to R-7-MF-PD. . Mr. Royston stated #19, the two acres, was never in the Planned Development. He said the way it is set up, #20 would void any PD site plan and #21 would be left in the PD and could be handled with a site plan later. Page 23 p & Z Minutes November 14, 1985 . Chairman Bowen stated we need to finish with #19. Mr. Wood asked if they plan to restrict the lots to 10,400 and the houses to 2000 square feet. Bob McMillan, Manager of Richmond Bay Development came forward. He said #19, part is R-l and part is Multi-Family. He said they wish to have the same size lots as in Phase 2 and they would have 40 lots for Phase 3 which would also be 10,400 square feet and then they want to add 2 acres to the present Multi-Family. Chairman Bowen called for anyone wishing to speak in opposition to #19 to please come forward. . John Hartley, 4917 Lariat Drive, came forward. He said he lives directly across the street from this request. He said he has been down here three times on different requests. Mr. Hartley said this property is 8 feet higher than the road level. He said he was told it would be used as a green buffer. He said he did not know how they got an okay to put that construction building there. Mr. Hartley said this is 30% reduction in lot size and his home is 2400 square feet which would be 30% reduction in house size. Mr. Hartley said he requests they retain it as a green buffer zone. He said he would like to work with the city to get this buffer. Chairman Bowen said they had agreed to 10,400 square foot lots and 2000 square foot houses. . Gary Knowles, 4905 Meadow Lakes, came forward. He said he would like to keep it as a buffer. Page 24 p & Z Minutes November 14, 1985 . Mr. Knowles said if they are building the same as R-1, why not just build in R-1 and not change the zoning. James A Graham, Lake View Circle, came forward. He said there are always 5 or 6 cars deep waiting to get onto Rufe Snow now. He said he opposes it because of the traffic. Tommy Gilbert, 4809 Lake Side Circle, came forward and stated he opposes it because of the traffic onto Rufe Snow. Gary Johnston, Lake Side Circle, came forward. He said he is opposed to this because of the traffic. He said it has to stop somewhere. Bobby Hybrate, 4912 Lariat, came forward. He said R-1 would have fewer lots so leave it R-1. . Mr. Wood asked if he would agree to the same type houses. Mr. Hybrate asked how they would know they were getting the same houses. Mr. Wood said they CQuld approve it subject to the size of houses. Mr. Massey came forward. He said they could build 38 apartment units on this property. Bert Jones, 4916 Lake Side Circle, came forward in opposition to this request. . Mr. Royston stated that prior to January, 1984, this property was zoned Multi-Family, but was revised to R-1. He said there is a 2 year Grandfather Clause, but there is not enough time; in order to get building permits, you have to have all the utilities in and the platting done. Page 25 P & Z Minutes November 14, 1985 . 19. PZ 85-136 WITHDRAWN 20. PZ 85-137 WITHDRAWN 21. PZ 85-138 WITHDRAWN . 22. PS 85-85 ADJOURNMENT ç~e2=~~>.. .C?2__~:~~ s:;::;ty Plann~~-~'-'~:i::~ission . Mr. Massey requested that all three requests be withdrawn. This request was withdrawn. Tract 6-Request of Richmond Bay Development, Inc. to rezone part of Tract 2, W. A. Trimble Survey, Abstract 1520, from its present classification of R-6-T-PD (Townhomes) to R-2 (Single Family). This property is located west of Rufe Snow Drive between Meadow Lakes Drive and Riviera Drive. This request was withdrawn. Tract 5-Request of Richmond Bay Development, Inc. to rezone part of Tract 2, W. A. Trimble Survey, Abstract 1520, from its present classification of R-6-T-PD (Townhomes) and OC (Outside Commercial) to R-7-MF-PD (Multi-Family). This property is located west of Rufe Snow Drive between Meadow Lakes Drive and Riviera Drive. This request was withdrawn. This request was moved to 3a. The meeting adjourned at 10:35 P. M. £1"", ¿f ¿/ ~ / '--- cl1~/! ./ ,,'¿::');l J k~ v L ./ V ~ )\....... '...J' '-'\.1 Chairman Planning & Zoning Commission