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HomeMy WebLinkAboutPZ 1984-02-23 Minutes . MINUTES OF THE REGULAR MEETING OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF NORTH RICHLAND HILLS, TEXAS FEBRUARY 23, 1984 - 7:30 P. M. CALL TO ORDER The meeting was called to order by the Chairman, George Tucker, at 7:35 P. M. ROLL CALL PRESENT: Chairman Secretary Members George Tucker Marjorie Nash Don Bowen Mark Wood John Schwinger Alt. Member Councilman Asst. Director PW/U P & Z Coordinator Richard Davis Allen Bronstad Wanda Calvert ABSENT: Mark Hannon . CONSIDERATION OF THE MINUTES OF JANUARY 26, 1984 Mr. Wood made the motion to approve the minutes as written. This motion was seconded by Ms. Nash and the motion carried 5-0. CONSIDERATION OF THE MINUTES OF FEBRUARY 2, 1984 Ms. Nash made the motion to approve the minutes as written. This motion was seconded by Mr. Bowen and the motion carried 5-0. 1. PS 83-117 DENIED BY P & Z 11/17/83 Request of Gene Huggins for reconsideration of the replat of Block 42C-R, Richland Terrace Addition. Chairman Tucker stated they had turned this plat down because they denied the zoning, but the City Council approved the zoning and they need to reconsider the replat. PS 83-117 APPROVED Mr. Wood made the motion to approve PS 83-117 subject to the Engineer's comments. This motion was seconded by Ms. Nash and the motion carried 5-0. . ~ ~ Page 2 P & Z Minutes February 23, 1984 . 2. PS 84-14 Request of TBL-GSC Enterprises for final plat of Lot 5, Block B, and Block C, College Hill Addition. Dick Perkins with Teague, NaIl and Perkins, came forward to represent Mr. Theron Bonham with TBL-GSC. Chairman Tucker said he understands from the City Staff that delinquent taxes are due on this property and due to Council Policy, the Commission cannot approve this plat. Mr. Perkins said he felt sure his client would be glad to pay the taxes and requested the Commission hear and approve the plat subject to the taxes being paid prior to going to council. . Councilman Davis said he felt Mr. Bonham would pay the taxes and although it is a Council policy, he asked the Commission to consider the plat and he would take the responsibility. Mr. Perkins said he had visited with the City Engineer, Richard Albin, about not submitting on-site water and sewer plans because his client is not sure what he can do on this property. He said when a developer comes in to develop this piece of property, he will submit his plans for the water and sewer. Mr. Perkins said they have done this previously in Industrial zoning on Rufe Snow. Mr. Perkins said they had submitted the final plat, the paving, and the water and sewer plans in Holiday Lane. He said the water and sewer within the property and the drainage along the railroad would come later. . Mr. Perkins said when he first talked to Mr. Albin, he agreed to allow them to do that, but now he says it does not meet the city ordinance. ~ ~ Page 3 P & Z Minutes February 23, 1984 . Mr. Perkins said Mr. Bonham got the backing of the neighbors to build a channel to alleviate the flooding of the Fort Worth Christian school and Bogart Street. He said he obtained a current Corp of Engineers study from Mr. Albin which shows none of this area in the Flood Plane if he leaves it the way it is now, but Mr. Bonham has agreed to go ahead and build the channel. Mr. Perkins said Mr. Bonham plans to cut a channel along the railroad to divert the water into the existing channel. Mr. Perkins said he knows this is a very unusual request, but they request the Commission approve this plat with the stipulation they get with Mr. Albin and the City Staff and finalize the plans prior to obtaining a building permit. . Mr. Perkins said the project would have a private sewer, but the fire hydrants would need to be shown so they would need to have a replat for the water at a later date. Councilman Davis asked the Commission if they had any problem with approving this plat with these stipulations. Chairman Tucker said he did not see any problem with it. He said they have no problems with the other comments from the City Engineer. Theron Bonham came forward. He said he felt there was a mix-up in the city tax office; he said he thinks he can furnish receipts where he has already paid the taxes on this property. Mr. Bonham said he would get it all straight tomorrow. . ~ ~ Page 4 P & Z Minutes February 23, 1984 . PS 84-14 APPROVED Mr. Wood made the motion to approve PS 84-14 subject to the Engineer's comments and with the stipulation that no building permits are issued until the water and sewer is in and that all taxes and assessments are paid prior to going to the City Council. This motion was seconded by Mr. Schwinger and the motion carried 5-0. 3. PS 84-16 Request of Burk Collins Investments for preliminary plat of Lot 3, Block 50, Nor'East Addition. 4. PS 84-17 Request of Burk Collins Investments for final plat of Lot 3, Block 50, Nor'East Addition. . Delbert Stembridge with Stembridge and Associates, came forward to represent Mr. Collins. He stated they had received the City Engineer's comments and take no exception to them. Mr. Stembridge said his client was told by the Director of Public Works that this property was already platted so Mr. Collins purchased the property, but when he applied for a building permit, he found it had not been platted. Mr. Stembridge said they have been rushing to get the plans ready and since his client has already invested so much money, they request approval of these plats. Mr. Wood asked how long ago was it that Mr. Collins was told this property was platted. Mr. Stembridge said he was not sure but it was after the deadline for filing the plats. Councilman Davis asked if they plan to discharge the storm water to Lola Drive. . Mr. Stembridge said they plan to build the storm drain down Palomar to Susan Lee. ~ ~ Page 5 P & Z Minutes February 23, 1984 . Mr. Wood said he felt the Commission should try not to delay Mr. Collins and felt they should act on both the preliminary and final plat. Chairman Tucker said he had no problem with the preliminary plat, but would want a stipulation on the final that all be corrected prior to going to the City Council. Councilman Davis said he agreed with Mr. Wood; he does not feel it was any fault of Mr. Collins and also, he has agreed to all the Engineer's comments. PS 84-16 APPROVED Ms. Nash made the motion to approve PS 84-16 subject to the Engineer's comments. This motion was seconded by Mr. Wood and the motion carried 5-0. PS 84-17 APPROVED Mr. Wood made the motion to approve PS 84-17 subject to the Engineer's comments being corrected prior to going to the City Council. This motion was seconded by Ms. Nash and the motion carried 5-0. . 5. PS 84-18 Request of Gulf Oil and Cambridge Companies for replat of Blocks 2R and 4R, Snow Heights North Addition. PS 84-18 APPROVED Ms. Nash made the motion to approve PS 84-18 subject to the Engineer's comments. This motion was seconded by Mr. Bowen and the motion carried 5-0. 6. PS 84-19 Request of Sueann Flory for preliminary plat of Lot 8, Block 1, Mollie B. Collins Addition. PS 84-19 APPROVED Ms. Nash made the motion to approve PS 84-19 subject to the Engineer's comments with the exception of items 1 and 3. This motion was seconded by Mr. Wood and the motion carried 5-0. . ~ Page 6 P & Z Minutes February 23, 1984 . 7. PS 84-20 Request of Sueann Flory for final plat of Lot 8, Block 1, Mollie B. Collins Addition. PS 84-20 APPROVED Mr. Wood made the motion to approve PS 84-20 subject to the Engineer's comments with the exception of items 1 and 3. This motion was seconded by Mr. Bowen and the motion carried 5-0. 8. PZ 84-11 Request of Southland Corporation to rezone a portion of Lot 1, Block 13, Snow Heights North Addition, from its present classification of C-2 (Commercial) to a proposed classification of C-2-Specific Use- Sale of Beer for off-premise consumption. This property is located at the southeast coarner of Rufe Snow Drive and Lewis Drive. . Chairman Tucker opened the Public Hearing and called for those wishing to speak in favor of this request to please come forward. David Olschwanger with Southland Corporation came forward. He said they have four stores in North Richland Hills and plan to build this one at Rufe Snow and Lewis. He showed pictures of the proposed structure. Chairman Tucker said if this Specific Use permit is granted, they will need an individual's name from Southland Corporation to put the Specific Use in. Mr. Olschwanger said they had rather have it in the corporation's name. Chairman Tucker said it was the City Council policy to put it in an individual's name. . Mr. Olschwanger said he would check and have a name prior to going to the City Council. ~ Page 7 P & Z Minutes February 23, 1984 . Mr. Wood asked if all their stores in North Richland Hills sold beer. Mr. Olschwanger said he believed they did except for the one at Glenview and Rufe Snow. Chairman Tucker 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 84-11 APPROVED Mr. Bowen made the motion to approve PZ 84-11. This motion was seconded by Ms. Nash and the motion carried 4-1 with Mr. Wood voting against. 9. PZ 84-12 Request of James Rust and A. T. Adcock to rezone Tract 7, William Cox Survey, Abstract 321, from its present classification of Agriculture to a proposed classification of R-2 (Single Family). This property is located at the northeast corner of the intersection of Hightower Drive and Meadow Road and is bounded on the east by Briarwood Estates, 2nd Filing. . Chairman Tucker opened the Public Hearing and called for those wishing to speak in favor of this request to please come forward. Mr. Adcock came forward. He said 15 to 18 months ago, they requested IF-9 zoning for this property which was approved by the Commission but denied by the City Council. Mr. Adcock said they request R-2. He said they have just completed the street today for 36 residential lots. . Mr. Adcock said they had delayed any extensive work on this project until the zoning is approved, but he has a sketch of the proposed layout. He showed the layout to the Commission. . . . ~ Page 8 P & Z Minutes February 23, 1984 Mr. Adcock said the city will require them to develop Hightower. He said they would have 62 residential lots. Mr. Adcock requested the Commission grant this zoning request. Mr. Wood asked if Hightower will intersect with the present Hightower. Mr. Adcock said it would not. Chairman Tucker called for those wishing to speak in opposition to this request to please come forward. Michael Arnold, 7612 Hightower Drive, came forward. He said he has a much larger home than this zoning would allow. Mr. Arnold said the houses around this area have 4 bedrooms or larger and have an average of 1,917 square feet. Mr. Arnold said there are 90 to 100 acres already approved for smaller homes and he feels this would effect the value of his property and the surrounding area. He said they should have R-l with 2,000 square foot homes. Mr. Arnold said he would request they require more square footage. Grady Buck, 7629 Hightower Drive, came forward. He said he is adjacent to this property, and gave the Commission a list of the property owners within 200 feet of this property which showed the square footage of their homes. Mr. Buck said they have an average of 1,917 square feet. He said there is a great difference between 1,600 square feet and 1,917 square feet. Mr. Buck said, on the recommendation of the Commission, he had talked to Mr. Rust and Mr. Adcock was at his home Monday night. He said Mr. Rust usually builds larger homes. Mr. Adcock said he had some builders who were interested in the lots and said he could not go with the larger homes. ~ Page 9 P & Z Minutes February 23, 1984 . Mr. Buck said Mr. Smith, Mr. Simpson, and some other developers came in and built some smaller homes and now there are several for sale and some where people run businesses out of their home. He said he has complained several times, but they still rebuild cars, etc out of this residential area. Mr. Buck said he wonders what this city has in mind. He said the other cities around North Richland Hills requires they build larger homes; why can't North Richland Hills? He said he saw some duplexes going up in Windcrest Addition. Mr. Buck said he would not mind 9,000 square foot lots with 1,800 square foot houses. He said his lot is 13,000 square feet. . Mr. Buck asked if the Planning and Zoning Commission had a responsibility to the property owners who already pay taxes in North Richland Hills or to the builders. Chairman Tucker asked if Mr. Buck lived in Briarwood Estates. Mr. Buck said he did. Chairman Tucker said the zoning for Briarwood Estates was 75% 1,600 and 25% 1,350 square foot houses. Mr. Buck said that was correct, but when he bought his lot there, only custom built homes were being built. He said if you drive through Briarwood Estates, it looks like two different additions. . Mr. Wood said, looking at this list, there are only three extra large homes. He said if you took out those 3 oversized, the average would be 1,494 square feet. Mr. Wood said he felt the 1,600 square feet Mr. Adcock is asking for would be compatible. ~ Page 10 p & Z Minutes February 23, 1984 . Mr. Buck said you must take all the homes that are adjacent to this property. Mr. Wood said they have to look at the economics. He said there was a study made and North Richland Hills ranked #5 in quality homes; HEB was not listed. Mr. Buck said he wonders why they were not; he feels they have better homes. Councilman Davis said he could build an 1,800 square foot home next to these lots. Mr. Buck said "but would you?" Councilman Davis said he would. . Chairman Tucker said he lives in Diamond Loch which has homes ranging from 1,600 to 4,000 square feet. Chairman Tucker said Mr. Buck was asking the Commission to put a restriction on this property different to the adjacent property. Kerry Benoit, 7425 Hightower, came forward. He said his home was 3,880 square feet, but he said he was not asking they build his size. Mr. Benoit said his concern was the drainage. He said a few months ago, he saw water lapping at his door. Mr. Benoit said he was requesting protection. Chairman Tucker said this is a zoning case where the Commission considers the best use of this land; then another step will be the platting which consists of drainage plans, and construction plans. He said all this has to be approved before they can build on this property. . ~ Page 11 P & Z Minutes February 23, 1984 . Chairman Tucker said unfortunately, the city could not obtain easements from the property owners to correct the drainage in that area. He said we are aware of the drainage problem and will see the developer takes care of it before he is allowed to build. Mack Garvin, who lives in Morgan Meadows Addition, came forward. He said he tried to get some of those easements for the city, but was unable to. Mr. Garvin asked about the roads, Hightower and Meadow Road. He said they can not handle the traffic now. Mr. Garvin said he was concerned that if they make many more additions like Windcrest, North Richland Hills is going to become a slum area. . Steve Woodall, 7605 Hightower, came forward. He said he was concerned about the traffic and schools. He said Smithfield Elementary and Smithfield Junior High are over crowded and Foster Village school opened over crowded. Mr. Woodall said all arteries that feed North Richland Hills are at capacity. He said he would like to see us grow, but feel it should be done jointly with the Planning and Zoning, City Council, and the School Board. Chairman Tucker said his connections with the School Board had been very negative; they only say, you build the houses and we will build the schools. Dick Hyde, 7616 Hightower, came forward. He said he felt the Zoning Board should control the square footage. Mr. Hyde said he feels the Board should protect the homeowners. . Chairman Tucker closed the Public Hearing. ~ Page 12 P & Z Minutes February 23, 1984 . Chairman Tucker said R-2 zoning has a minimum of 1,600 square feet houses, but would like to ask if the developer would consider going with half 1,700 and half 1,600. Mr. Adcock said he could only speak for himself, but he could not see any basis for the difference. PZ 84-12 APPROVED Mr. Wood made the motion to approve PZ 84-12. This motion was seconded by Mr. Schwinger and the motion carried 5-0. 10. PZ 84-13 Request of Glenn Rhodes and John Monica to rezone Tract 3H2, William Trimble Survey, Abstract 1520, from its present classification of R-l (Single Family) to a proposed classification of R-4-SD (Separate Ownership Duplex). This property is located on the north side of Glenview Drive, west of King Arthur Court and south of the TESCO right-of-way. . Chairman Tucker opened the Public Hearing and called for those wishing to speak in favor of this request to please come forward. John Monica came forward. He said they had done simular projects around the Metroplex. Mr. Monica said they are purchasing the property from St. Michael's church and the funds would be used for church expansion. Mr. Monica said after studying the site, they found the best use was this zoning they are requesting. He said there are 4.74 acres, 17 lots or 34 units, and the lot average would be 7,400 square feet. Mr. Monica said there would be two openings onto Glenview; there would be green areas & playgrounds which would be maintained by the homeowners. . ~ Page 13 P & Z Minutes February 23, 1984 . Mr. Monica said the structures would conform to the surroundings and would have an appearance of single family dwellings with only one front door. He said there would be several amenities, and would cost approximately $60 per square foot, making the price $75,000 to $85,000 per unit. Mr. Monica said the property has a large drainage ditch which has caused great erosion and must have some work done on it and there is a large power line which would separate these duplexes from the single family to the north. Chairman Tucker called for those wishing to speak in opposition to this request to please come forward. . Jacob L. Packer, 6304 Circleview Drive, came forward. He said there are several apartment complexes in the area and with this population explosion, the traffic is terrible on Glenview. Mr. Packer said he would like to see them make it a complete green area. Mr. Packer said he had lived there for several years; it is a very pretty area and they do not need two story structures to distract. He said they already have cracker boxes across the street and please don't allow them on this side of the street. Mr. Monica said the picture looks like a two-story, but it is not, it is a vaulted ceiling with a sky line. He said these will be 99% owner occupied dwellings. . Richard Poulin, 6417 Suncrest Court, came forward. He said it looks as though a cul de sac would be next to his property and he wondered if they would be required to put up a fence. ~ Page 14 P & Z Minutes February 23, 1984 . Chairman Tucker said the plans do show there would be a turn-around next to your house. Mr. Poulin said he would object to that. Chairman Tucker closed the Public Hearing. Mr. Bowen said Mrs. Packer called it Multi-Family, but it would not be, it would be Single Family (separate ownership). Mr. Wood said there are existing traffic problems now, heading west on Glenview to Weycrest; even without the apartments across the street, the traffic was a problem. He said he had many close calls in that area and he is not sure if Single Family zoning would be good for that area. . Chairman Tucker said even though this Commission does not represent Haltom City, we would be putting a different zoning between two additions with nice size homes. PZ 84-13 DENIED Ms. Nash made the motion to deny PZ 84-13. This motion was seconded by Mr. Bowen and the motion to deny carried 5-0. 11. CITIZEN PRESENTATION Diane Martin, Regional Director of Children's World, requests discussion of the need for an amendment to the present zoning ordinance which limits child care facilities to seventy- five children. Ms. Martin came forward. She said they plan to have a day care center on Browning Drive, west of Rufe Snow Drive, behind Arby's. Ms. Martin said the current zoning of the property is Industrial. . ~ Page 15 p & Z Minutes February 23, 1984 . Ms. Martin said the new zoning ordinance restricts child care centers to only 75 children and they feel there needs to be an amendment to allow 120 children. She said they would have children from 12 to 18 months old to 12 years. Ms. Martin said their centers have Kindergarten. Chairman Tucker asked what percentage were school age. Ms. Martin said 25% are school age for afternoon care; 50% are pre-school and kindergarten and the rest are toddlers. She said all their kindergarten teacher are certified and most of the others have two years of child development training. Ms. Martin said they have guidelines, but no set studies. . Chairman Tucker said there is a category "Private School" which has no limit of children. He said it was not his intention to limit schools in Industrial zoning. Chairman Tucker said the reason for the restriction was for day care centers in a residential area where traffic would be a problem. He said they could amend the ordinance to allow more children in Industrial zoning or they could consider if they would fit the category of a private school. Councilman Davis said they could ask for an interpretation from the City Attorney as to the classification of a private school; then if it did not, they could amend the ordinance. He said to change the ordinance would take about two months, but if the attorney said they fit under the private school category, they could continue. . Ms. Martin said they do not have elementary grades, only kindergarten. ~ Page 16 P & Z Minutes February 23, 1984 . Councilman Davis said she might get an answer from the City Attorney if she would be at the City Council meeting Monday, February 27th. Ms. Martin said she would be there. ADJOURNMENT The meeting adjourned at 9:30 P. M. ð~c ~Y"' PLANNING AND ZONING CHAIRMAN ~ /14;<,. "- ~ L;J¡ ~ PLANNING ~ZONING SECRETARY . .