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HomeMy WebLinkAboutPZ 1984-03-22 Minutes ~ . MINUTES OF THE REGULAR MEETING OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF NORTH RICHLAND HILLS, TEXAS MARCH 22, 1984 - 7:30 P. M. CALL TO ORDER The meeting was called to order by the Chairman, George Tucker, at 7:40 P. M. ROLL CALL PRESENT: Chairman Secretary Members George Tucker Marjorie Nash Don Bowen Mark Hannon John Schwinger Richard Davis Gene Riddle Greg Wheeler Wanda Calvert Alt. Member Councilman Director of PW/U Engr. Tech. P & Z Coordinator ABSENT: Mark Wood CONSIDERATION OF THE MINUTES OF FEBRUARY 23, 1984 Ms. Nash made the motion to approve the minutes as written. This motion was seconded by Mr. Bowen and the motion carried 4-0 with Mr. Hannon abstaining since he was not present at the meeting. . 1. PS 84-26 Request of Kroger Company for preliminary plat of Rufe Snow-Watauga Development. Chairman Tucker called the engineer of the project to come forward. Bob Pearce, Civil Engineer, came forward to represent Kroger Company. He said they had received the City Engineer's letter and agree to changing the name of the plat. Chairman Tucker said they had a letter from the City Staff regarding changing the sewer line from running south along Rufe Snow to the railroad track to running it to the east toward Calloway Creek. Mr. Riddle said it has to go to the east to provide this area with sewer. . ~ Page 2 P & Z Minutes March 22, 1984 . Mr. Pearce said if they run it to the west, it would be about half the cost of running it to the east. Mr. Riddle said they could go through the street right of way or down the side, but it would be their responsibility to obtain the easements. Mr. Pearce said their property was not quite on a hill and it might be bucking the grade. Mr. Pearce said he had talked to the City Engineer who said the Subdivision Ordinance was very general. Mr. Riddle said the only feasible way was to go to the east. He said there is a water main on the side they are wanting to put the sewer on. . Mr. Hannon said this plat shows the water line in the middle of the street and they would not have a substantial amount of sewer since it is Commercial property. He asked Mr. Riddle if the line was overloaded. Mr. Riddle said it was not. Mr. Riddle said if the sewer goes to the west, there could be no participation with the adjoining property owners. He said there is a tract to the south of this tract and another one next to the bank which would participate when they develop. Mr. Hannon said the Commission could approve the plat subject to them getting the problem worked out prior to going to the City Council. Mr. Hannon said he has a problem with the amount of sheet-flow water they plan to dump into Watauga. . Mr. Pearce asked what he meant. ~ Page 3 P & Z Minutes March 22, 1984 . Mr. Hannon said it is the City's policy to require permission from down stream property owners to dump water on their land. Mr. Pearce said they had not talked to the City of Watauga. PS 84-26 APPROVED Mr. Hannon made the motion to approve PS 84-26 subject to the Engineer's comments and subject to their Engineer evaluating putting the sewer to the south and also carrying the water into Watauga. This motion was seconded by Ms. Nash and the motion carried 5-0. 2. PS 84-27 Request of Aubrey Brothers for final plat of Flamingo Estates, Section 2. Chairman Tucker called for the engineer of this plat to come forward. . Dick Perkins with Teague NaIl and Perkins came forward to represent Mr. Brothers. Chairman Tucker said according to Mr. Perkins's letter, they do not have a letter from the down stream property owner regarding the drainage onto their property. . Mr. Perkins said he had talked to Ms. Hazlewood several times and she is not ready to agree to this. He said she was afraid there would be too much water, and wants us to divert it somewhere else. Mr. Perkins said it is a natural flow to her stock tank and if it does not drain it, her stock tank would dry up. Mr. Perkins said their plans were for the water to go through the original channel to the stock tank. He said the ditch on her property is extremely well defined to the stock tank. He said they would not go on her property and do any digging, but she will not agree. . . . ~ Page 4 P & Z Minutes March 22, 1984 Mr. Riddle said if it will flow without doing any digging on her property, that would be okay, but the City Engineer should comment on it. Mr. Riddle said the only structure on Ms. Hazlewood's property is a barn. He said if Mr. Perkins can get a letter from the City Engineer stating it would be okay, it could go on to the City Council. Councilman Davis said the City Council could do like they did a few weeks ago, they could waive this requirement or give them an extension of time to obtain it. PS 84-27 APPROVED Mr. Hannon made the motion to approve PS 84-27 subject to receiving a letter of permission from downstream property owner or a recommendation from the City Engineer that the requirement of the letter be waived. This motion was seconded by Mr. Bowen and the motion carried 5-0. 3. PS 84-28 Request of Marvin D. Smith, Inc. for final plat of Maroaks Addition, Section 2. PS 84-28 APPROVED Ms. Nash made the motion to approve PS 84-28. This motion was seconded by Mr. Bowen and the motion carried 5-0. 4. PS 84-29 Request of Larry C. Young for Short Form Plat of Lot 1, Block 1, Creative Care Addition. PS 84-29 DENIED Mr. Bowen made the motion to deny PS 84-29 without prejudice. This motion was seconded by Ms. Nash and the motion to deny carried 5-0. 5. PS 84-31 Request of Emory Bellard for final plat of Glenview Park Addition. Chairman Tucker called for the engineer of this plat to come forward. ~ Page 5 P & Z Minutes March 22, 1984 . Tom Vogt, Engineer, came forward to represent Mr. Bellard. He said they had received the City Engineer's letter and had answered all comments except the letter they received today. Mr. Hannon said the City Engineer received the revised plans too late to review them. Mr. Vogt said he only received the City Engineer's letter two days ago. Chairman Tucker said they understand there was not enough time so they would deny the plat without prejudice so they would not have to re-file. Mr. Hannon said the major item for revision was the storm drain. . Mr. Vogt asked if there was any way the Commission could approve it subject to the Engineer's comments. Chairman Tucker said they could not. He said they were going to have a different set of procedures for platting which the Commission will work out next month. Chairman Tucker said there probably would be no deadlines and no set dates to be put on the agenda. He said the plats would only be put on the agenda when all items have been met. Mr. Vogt said he had talked to some of the City Staff and they did not know the storm drain was there. Emory Bellard came forward. He said they have met all the City's deadlines; he said he only received his copy of the Engineer's letter today. Mr. Bellard said he has deadlines also. He asked if the Commission could call a special meeting to reconsider this plat. . Councilman Davis said it could possibly be heard on April 12th. ~ Page 6 p & Z Minutes March 22, 1984 . Chairman Tucker said the first meeting of the month is designated for only zoning cases, but they could hear this one if the problems are worked out. Mr. Bowen said he had rather do that than approve it with problems. Chairman Tucker said if they did that, the plat could be heard by the City Council on April 23rd. PS 84-31 DENIED Ms. Nash made the motion to deny PS 84-31 without prejudice. This motion was seconded by Mr. Schwinger and the motion to deny carried 5-0. 6. PZ 84-17 Request of Burk Collins Investments to rezone Lot 4R-2, Block 10, Snow Heights North Addition, from its present classification of C-l to a proposed classification of C-2. This property is located at the northeast corner of Rufe Snow Drive and Meadowcrest Drive. . Chairman Tucker opened the Public Hearing and called for those wishing to speak in favor of this request to please come forward. Burk Collins came forward. He stated he was asking for C-2 zoning which was on both sides of his shopping center. Mr. Collins said he was basicly requesting this change because he had a veterinarian who wishes to lease a space in the shopping center. Chairman Tucker said a veterinarian could be in C-l zoning and could keep sick animals over night, but no boarding of animals. Ms. Nash said the Commission feels the veterinarian Kennels would fall in C-2, but a veterinarian Clinic would be C-l. . Mr. Collins said he had had other inquiries which needed the C-2 zoning. He said he had to turn down a Dry Cleaners. ~ Page 7 P & Z Minutes March 22, 1984 . Mr. Collins said he felt there would be greater competition in the area since there are two shopping centers on each side which are C-2. 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. Mr. Bowen said in looking at the Zoning Map, he felt C-2 would be the proper zoning. PZ 84-17 APPROVED Mr. Bowen made the motion to approve PZ 84-17. This motion was seconded by Mr. Hannon and the motion carried 5-0. 7. PZ 84-18 Request of Collins & Colgan Development and Marvin D. Smith Homes to rezone Tracts IDA, IIB, 13B, and a portion of 13A, J.H. Barlough Survey, Abstract 130, from their present classification of I-2 (Industrial) to a proposed classification of R-5-D (Duplex). This property is located on the north side of St. Louis and Southwestern Railroad, bounded on the north and west by Fox Hollow Addition, and on the east by Barlough Addition. . Chairman Tucker opened the Public Hearing and called for those wishing to speak in favor of this request to please come forward. Delbert Stembridge, Consulting Engineer, came forward. He said this tract is directly south of the tract which was recently zoned for duplexes. . Marvin Smith came forward. He said he came in for a zoning change on his property about 6 or 7 years ago but did not develop it. He said he still has two lots along Smithfield Road which join this property. Mr. Smith stated he feels this is the best use of the property. ~ Page 8 P & Z Minutes March 22, 1984 . Mr. Smith said North Richland Hills has a large amount of Industrially zoned property. He said he had planed to build an office on one of his lots and a commercial building on the other. Mr. Smith said Floyd Jones has commercial property which joins this property. He said he previously requested Commercial zoning, but the City Council approved Industrial. 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 84-18 APPROVED Mr. Schwinger made the motion to PZ 84-18. This motion was seconded by Ms. Nash and the motion carried 5-0. 8. PS 84-22 Request of Collins & Colgan Development and Marvin D. Smith Homes for preliminary plat of Blocks 27-32, Fox Hollow Addition. . Chairman Tucker requested the engineer for this to come forward. Delbert Stembridge came forward. Chairman Tucker said the Commission would like for Mr. Stembridge to make sure all the lots meet the requirements. Mr. Bowen said the plat shows Brandy Lane and Business Drive to be the same street. Mr. Smith said they could change Business Drive to Brandy Lane. Councilman Davis said they would need to get a letter to the City Council requesting the change and it would be done by ordinance. . ~ Page 9 P & Z Minutes March 22, 1984 . Mr. Hannon said some of the lots have less than the required frontage on cul de sacs. Mr. Stembridge said all the lots will be scaled prior to submitting a final plat. PS 84-22 APPROVED Ms. Nash made the motion to approve PS 84-22 subject to the Engineer's comments. This motion was seconded by Mr. Bowen and the motion carried 5-0. 9. PZ 84-19 Request of Jack Roseberry to rezone Tracts 2H, 2H1, & 2HIA, John McComas Survey, Abstract 1040, from their present classification of Agriculture to a proposed classification of C-2 (Commercial). This property is located on the west side of Smithfield Road, approximately 213 feet south of Odell Street. . Chairman Tucker opened the Public Hearing and called for those wishing to speak in favor of this request to please come forward. Delbert Stembridge came forward to represent Mr. Roseberry. He said Mr. Roseberry plans to build an office-warehouse type building on this property. Mr. Stembridge said there is commercial zoning on both sides of this property. 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. . Mr. Schwinger made the motion to approve PZ 84-19. This motion was seconded by Chairman Tucker and the motion failed by a vote of 2-3 with Hannon, Nash, and Bowen voting against. ~ Page 10 P & Z Minutes March 22, 1984 . PZ 84-19 DENIED Mr. Hannon made the motion to deny PZ 84-19. This motion was seconded by Ms. Nash and the motion to deny carried 3-2 with Tucker and Schwinger voting against denial. 10. PS 84-23 Request of Jack Roseberry for preliminary plat of Lot 9, Block 1, Mollie B. Collins Addition PS 84-23 DENIED Mr. Hannon made the motion to deny PS 84-23. This motion was seconded by Mr. Bowen and the motion to deny carried 4-1 with Mr. Schwinger voting against denial. 11. PS 84-24 Request of Jack Roseberry for final plat of Lot 9, Block 1, Mollie B. Collins Addition. PS 84-24 DENIED Mr. Hannon made the motion to deny PS 84-24. This motion was seconded by Ms. Nash and the motion to deny carried 5-0. . 12. PZ 84-20 Request of David Clark, Gene Clark, Phil Lagos, & David Mullins to rezone a portion of Tract 1, S. Richardson Survey, Abstract 1266, from its present classification of Agriculture to a proposed classification of R-2 (Single Family). This is 13.88 acres located on the south side of Wilson Lane, approximately 2,000 feet west of Smithfield Road. Chairman Tucker opened the Public Hearing and called for those wishing to speak in favor of this request to please come forward. David Mullins came forward. He said he requested a zoning change on this property in November for Neighborhood Retail, Duplex, and 26 acres of single family. Mr. Mullins said he was granted the single family zoning, but the Neighborhood Retail and Duplex was denied. . ~ Page 11 P & Z Minutes March 22, 1984 . Mr. Mullins said when the new zoning map was approved, he was granted single family for this 13.88 acres, but later was told he needed to come back in for this zoning request. Mr. Mullins said he was requesting the Commission approve this request. He said the 26 acres lies on the back of this property and he needs this for access to the already zoned property. 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 84-20 APPROVED Mr. Hannon made the motion to approve PZ 84-20. This motion was seconded by Mr. Bowen and the motion carried 5-0. . 13. PS 84-25 Request of David Clark, Gene Clark, Phil Lagos, & David Mullins for preliminary plat of Oak Creek Estates. Mr. Mullins came forward. He said a letter of permission will be obtained from Mr. Chilton, the adjoining property owner. Mr. Mullins said the channel will be built to the city specifications and clearance obtained from F.E.M.A. PS 84-25 APPROVED Mr. Hannon made the motion to approve PS 84-25 subject to the Engineer's comments. This motion was seconded by Ms. Nash and the motion carried 5-0. 14. PZ 84-21 Request of Bursey Joint Venture to rezone Tracts lA2, lA3, and a portion of Tract lA, Thomas Sprouce Survey, Abstract 1399, from their present classification of Agriculture to a proposed classification of C-l (Commercial). This property is located at the southeast corner of Rufe Snow Drive and Bursey Road. . ~ Page 12 P & Z Minutes March 22, 1984 . Chairman Tucker opened the Public Hearing and called for those wishing to speak in favor of this request to please come forward. Owen D. Long came forward. He stated this is a 30 acre tract and they are requesting approximately 22 acres for commercial and 7~ acres for R-7-MF. Mr. Long said the property to the west is commercial, to the north is commercial, the Miller Property to the south is Local Retail and Southland Corporation property is single family. He said this would be a good tax base for North Richland Hills. Mr. Long showed the Commission some sketches they have made of the property. . Councilman Davis said they have a letter from Jim Harris with Southland Corporation stating they were in favor of this request. 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 84-21 APPROVED Mr. Bowen made the motion to approve PZ 84-21. This motion was seconded by Ms. Nash and the motion carried 5-0. 15. PZ 84-22 Request of Bursey Joint Venture to rezone Tract lA1 and a portion of Tract lA, Thomas Sprouce Survey, Abstract 1399, from their present classification of Agriculture to a proposed classification of R-7-MF (Multi-Family). This property is located on the south side of Bursey Road and approximately 843 feet east of Rufe Snow Drive. . ~ Page 13 P & Z Minutes March 22, 1984 . Chairman Tucker said he felt this request should be tabled because they did not submit all the requirements for this zoning classification. He read the requirements from the Zoning Ordinance #1080. PZ 84-22 TABLED Ms. Nash made the motion to table PZ 84-22 until such time all criteria are submitted. This motion was seconded by Mr. Schwinger and the motion carried 5-0. Mr. Long asked if a site plan was sufficient. Chairman Tucker said they could not deviate 100% from the plan. RECESS Chairman Tucker called a recess at 8:50 P. M. BACK TO ORDER Chairman Tucker called the meeting back to order at 9:00 P. M. with the same members present. . 16. PZ 84-23 Request of Northeast Construction to rezone portions of Blocks 20, 25, 26, 27, & 33, Holiday West Addition, from their present classification of R-3 (Single Family) to a proposed classification of R-4-SD (Separate Ownership Duplex). This property is located on both sides of Cancun Drive from Sierra Drive southward to Buenos Aires Drive. Chairman Tucker opened the Public Hearing and called for those wishing to speak in favor of this request to please come forward. . J. B. Sandlin came forward. He said the lots to the west and north of this property are already zoned for duplexes. He said there are 179 lots zoned R-3 to the east. Mr. Sandlin said there are two streets for outlets for the traffic which would go out to Rufe Snow. ~ Page 14 P & Z Minutes March 22, 1984 . Mr. Sandlin said it has always been the American dream to own a home. He said he had been building for 27 years and a house on Susan Lee sold in 1960 for $15,000 and the same house would sell today for $107,000. He gave a break down on the prices of house and the qualifications: SINGLE FAMILY DETACHED: $104,000.00 5,200.00 $ 98,800.00 Principal & Taxes - Insurance - Payment per - Price - 5% Down - Loan 13.75% for 30 Interest - $1,151.15 156.00 40.00 Month - $1,347.15 Yrs. To qualify for the above monthly payment a purchaser would need to make $4,811.16 per month - $57,734.00 per year. . SINGLE FAMILY ATTACHED: $ 68,000.00 - Price 3,400.00 - 5% Down $ 64,600.00 - Loan 13.75% for 30 Yrs. Principal & Interest - $ 752.68 Taxes - 98.00 Insurance - 22.00 Payment per Month - $ 872.68 To qualify for the above monthly payment a purchaser would need to make $3,116.66 per month - $37,400.00 per year. Mr. Sandlin stated that neither the employees of the City of North Richland Hills nor the school teachers could qualify for a single family home in North Richland Hills. He said the average income for a family in North Richland Hills is $34,300.00. Mr. Sandlin said he has a responsibility to the people to provide homes for them. . Chairman Tucker said he agreed that is the goal of the Home Builders Association. He said the homes are priced out of range of so many people that there are more renters than homeowners. ~ Page 15 P & Z Minutes March 22, 1984 . Chairman Tucker called for those wishing to ~peak in opposition to this request to please come forward. John Gibbs, 5728 Bermuda Drive, came forward. He said he agreed with Mr. Sandlin, to some extent. He said when he bought in this area 2~ years ago, all was single family; then about a year ago, there was a request for duplexes. Mr. Gibbs said he assumed they would be nice, but they are not, they even have metal carports. . Mr. Gibbs said he feels having this zoning would lower the value of their property and make more traffic in the area. He said there is enough Mulit-Family zoning in the city; they should go where it is already zoned for this. Mr. Gibbs said the minimum square footage for single family in this area is 1,400 square feet, but a duplex only has to be 1,000 square feet. Kabe Woods, 5709 Puerta Vallarta, came forward. He stated he just bought his home in August. He said he feels there is a need for this type homes, but request they build them somewhere else, and don't build anymore like the ones they have just built. Mr. Woods said half of them are for lease. He requested the Commission deny this zoning request. Richard Wylie, 5713 Puerto Vallarta, came forward. He said he researched the area before he bought his home; he wanted to make sure it was all single family. Mr. Wylie said he agrees there is a need for this type zoning, but he would have to disagree with the prices Mr. Sandlin quoted. He said he bought his 1,710 square foot home two months ago for $79,000. . Mr. Wylie said he feels there is already enough Multi-Family zoning in the city and also there would be a problem with traffic and requested the Commission deny this request. ~ Page 16 P & Z Minutes March 22, 1984 . Jack Howell, 7113 Bermuda, came forward. He stated he checked the City zoning map for a single family zoned area before he bought. Mr. Howell said he feels this area is an island, bounded on the west by Rufe Snow and on the east by Multi-Family. He said this zoning would devalue their homes. Mr. Howell said he talked to several of his neighbors who were unable to attend this meeting and they requested he speak for them also. Mr. Howell stated that Mr. Sandlin said R-4-SD was not a Multi-Family zoning, but Holiday West has a minimum of 1,400 square foot homes and this zoning would be 1,000 square foot units. He said this island has 279 homes and another 179 to be built. Mr. Howell said he and his neighbors request denial of this zoning request. . Chairman Tucker closed the Public Hearing. Ms. Nash made the motion to deny PZ 84-23. This motion died for lack of a second. PZ 84-23 APPROVED Mr. Hannon made the motion to approve PZ 84-23. This motion was seconded by Mr. Schwinger. Mr. Bowen said this is a large addition of single family zoning and this zoning is doubling the amount of lots. He said he is reluctant to vote for this zoning. Mr. Bowen said he would vote for it this time, but could not agree to anymore to the east. He said he felt this would create more traffic. Chairman Tucker said he agreed with Mr. Bowen. The motion carried with a vote of 4-1 with Ms. Nash voting against. . ~ Page 17 P & Z Minutes March 22, 1984 . 17. PS 84-30 Request of Northeast Construction for replat of Blocks 20, 25, 26, 27, & 33, Holiday West Addition. Chairman Tucker said since this is a replat in residential zoning there must be a Public Hearing. He opened the Public Hearing and called for those wishing to speak in favor of this replat to please come forward. J. B. Sandlin came forward. He said he had a letter from the City Engineer and he has cleared up most of the comments. Mr. Sandlin said the water and sewer will be served by a double tap and they would have to bore under the street. Mr. Riddle stated the plans for this were supposed to have been submitted when this replat was submitted. . Mr. Bowen said, also, a 20 foot side yard is required instead of 15 feet. Mr. Sandlin said they would take care of that. Chairman Tucker said they need to check the zoning ordinance for the correct building lines. Chairman Tucker stated the Commission has a problem, they would like to see the plans before they approve this replat. He said if the plans had been submitted for their review, they could probably have approved the replat. Chairman Tucker called for those wishing to speak in opposition to this replat to please come forward. There being no one wishing to speak, the Chairman closed the Public Hearing. . PS 84-30 DENIED Ms. Nash made the motion to deny PS 84-30 without prejudice. This motion was seconded by Mr. Bowen and the motion carried 5-0. ~ Page 18 P & Z Minutes March 22, 1984 . Chairman Tucker requested Mr. Hannon step down for the next four requests. 18. PZ 84-14 Request of Garrett Sherman to rezone a portion of Tract 3, Davis Moses Survey, Abstract 1150, from its present classification of Agriculture to a proposed classification of R-2 (Single Family). This property is located on the east side of Eden Road, approximately 605 feet north of Amundson Road. Chairman Tucker opened the Public Hearing and called for those wishing to speak in favor of this request to please come forward. . Mr. Sherman came forward. He showed a map of the surrounding areas and the zoning. He showed the preliminary plat of the area. Mr. Sherman said they will pave half of Eden Road and do a lot of channelization work. Chairman Tucker called for those wishing to speak in opposition to this request to please come forward. There being no one wishing to speak in opposition to this request, the Chairman closed the Public Hearing. PZ 84-14 APPROVED Mr. Bowen made the motion to approve PZ 84-14. This motion was seconded by Mr. Schwinger and the motion carried 4-0. 19. PZ 84-15 Request of Garrett Sherman to rezone a portion of Tract 3, David Moses Survey, Abstract 1150, from its present classification of Agriculture to a proposed classification of R-3 (Single Family). This property is located approximately 1,000 feet east of Eden Road and 150 feet north of the St. Louis and Southwestern railroad. . Chairman Tucker opened the Public Hearing and called for those wishing to speak in favor of this request to please come forward. ~ Page 19 P & Z Minutes March 22, 1984 . Mr. Sherman came forward. He said this property is east of-the property requested for R-2. He said it is on the east side of the creek. Chairman Tucker asked how many lots there were. Mr. Sherman stated there were 20 lots in the R-3 zoning and 75 lots in the R-2 zoning. 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 84-15 APPROVED Ms. Nash made the motion to approve PZ 84-15. This motion was seconded by Mr. Schwinger and the motion carried 4-0. . 20. PZ 84-16 Request of Garrett Sherman to rezone a portion of Tract 3, Davis Moses Survey, Abstract 1150, from its present classification of Agriculture to a proposed classification of R-4-SD (Separate Ownership Duplex). This property is located on the north side of the St. Louis and Southwestern Railroad and approximately 1,100 feet east of Eden Road. Chairman Tucker opened the Public Hearing and called for those wishing to speak in favor of this request to please come forward. Mr. Sherman came forward. He stated there would be 20 lots next to the railroad, 20 living units, 10 duplexes. Chairman Tucker called for those wishing to speak in opposition to this request to please come forward. . ~ Page 20 P & Z Minutes March 22, 1984 . There being no one wishing to speak, the Chairman closed the Public Hearing. PZ 84-16 APPROVED Mr. Bowen made the motion to approve PZ 84-16. This motion was seconded by Ms. Nash and the motion carried 4-0. 21. PS 84-21 Request of Garrett Sherman for preliminary plat of Blocks 1-7, Eden Estates. Chairman Tucker stated there had been some people who wished to speak regarding this plat and he would allow them to speak. . Mark Hannon, Engineer for Mr. Sherman, came forward. He stated they had received the City Engineer's letter and they object to four of his comments: #2-requesting the building setback lines on all cul de sac lots be uniform; he said in this subdivision, the lot areas of the lots for which the building lines are greater than the twenty five foot minimum average in excess of 12,000 square feet and he would request that if the Commission requires a reduction of reduce the building lines to the minimum on all the lots that they exercise their authority under section 24.18 of the zoning ordinance to approve lots which do not fully comply with all of the dimensional requirements of the ordinance. Chairman Tucker said he did not object to 25 to 30 foot building lines for cuI de sac lots, but he did object to a 40 foot building line. He said he felt it would show an abrupt change. . Mr. Hannon asked if they would agree to a gradual change, such as 25-30-35-40-35-30-25 foot building lines. He said this would allow a lot to have an "L" shape house on it with a garage in the back. ~ Page 21 p & Z Minutes March 22, 1984 . Mr. Hannon said in the R-3 zoning which requires a lot to be 7,500 square feet, some of these cul de sac lots would have 14,000 to 17,000 square feet. Chairman Tucker stated he would not object to 60 to 65 feet versus a 70 foot wide lot with a 30 to 35 foot building line. Mr. Hannon said he could change the plat to show this. Mr. Bowen said he could not agree to a 10 foot difference in the building lines. He said in a short curve, it might have the appearance of one house setting behind another house. Mr. Hannon asked if Mr. Bowen would agree to 25-30-35 foot building lines with a 60 foot wide lot. . Mr. Bowen said he would agree to that. Mr. Schwinger said there are three lots in one block with 40 foot building lines. Mr. Hannon said he could show a transition of 25-30-35-30-25 foot building lines. Mr. Riddle said Mr. Hannon was building a mouse trap. He said the builders would have to request so many variances because the houses would be built over the building lines. Mr. Riddle said he felt they should go with the 25 foot building line. Councilman Davis said he felt a 40 foot building line would have the house set too far back. Chairman Tucker said he would suggest 25 to 30 foot building lines with a 60 foot width lot. . Mr. Bowen and Mr. Schwinger said they would agree to that. . . . ~ Page 22 P & Z Minutes March 22, 1984 Mr. Hannon said in item #8, the City Engineer said he had a new unofficial F.E.M.A. report which shows a portion of the plat lies within the 100-year Floodplain. He said this is actually Zone B which is generally considered to lie between the 100 year flood plain and the 500 year flood plain; Zone B is not considered an area of special flood hazards by F.E.M.A. Mr. Hannon said they request the Commission approve this subject to the final plat meeting the Flood Control Ordinance. Mr. Hannon said in item #9, requlrlng 25 foot building set backs on Eden Road, the Zoning Ordinance requires 20 foot side yard requirements on corner lots. He said the developer intends to construct a brick wall along Eden Road to delineate the limits of his development and also to prevent access to Eden Road. Mr. Hannon said item #12 regarding storm water runoff into the railroad right-of-way, the railroad is on the upstream side of the property and no drainage will be diverted to or concentrated upon the railroad right-of-way and no construction is planned within the railroad right-of-way. He said he felt they should be treated as any adjacent property owner. Mr. Hannon said he requests the Commission not require them to comply with items 2, 8, 9, and 12. He said they could grant a compromise on item #2. John Levitt, Levitt Engineers, came forward to represent the property owner to the south and west of this property, Ms. Robinson. He said he was in agreement with Mr. Riddle to require 25 foot building lines on the cul de sac lots. Mr. Levitt said there is a culvert under Eden Road and they have made no prOV1Sl0n to take care of this water; the tanks where this water goes are full. He said there are no drainage easements along the south property line to the east. . . . ~ Page 23 P & Z Minutes March 22, 1984 Chairman Tucker asked Mr. Levitt to show the Commission where the drainage is. Mr. Levitt said he requests they put a drainage ditch along the south property line. He said the creek runs through this property to his client's property and requests they share in the cost of making the channel improvements of said creek. Mr. Levitt said they request that the street which parallels the railroad be cul de sacced on its west end instead of stubbing it out and have the creek serve as a buffer. Mr. Levitt said they would be glad to work with Mr. Hannon on finding a solution to the problems. Chairman Tucker said he is concerned with the drainage along the south property line. He said the creek is being improved on their side but not on the other side. Mr. Hannon said the creek is presently on the Robinson tract and to do this, he felt it would not be the right alinement, but he would agree to work with Mr. Levitt. Mr. Levitt said there are three existing homes fronting on Eden Road and they feel they will need the buffer. Mr. Riddle said the fire department would rather have the names of the courts different from the street names. He said when there is a call in for a fire, people do not always say "Court" or "Drive" and there could be a mix up in communications. Mr. Riddle said he requests they change the names of the courts. Mr. Hannon asked if it would be okay to just use the street name all the way through the court. Mr. Riddle said that would be okay. Page 24 P & Z Minutes March 22, 1984 . PS 84-21 APPROVED . 22. CONSIDERATION OF AN ORDINANCE AMENDING ORDINANCE 111080 . ~ Chairman Tucker said he would like to make the motion for this request. Chairman Tucker made the motion to approve PS 84-21 with the following exceptions and requirements: item #2 waive and stipulate that there be no more than 30 foot building setbacks and lots no less than 60 feet wide measured along the arc at the building line in all cul de sacs; item #8, waive and stipulate they must meet the Flood Prevention Ordinance #807; item #9, waive; item #12-waive; further stipulate that drainage along the south property line be addressed with the City Engineer and a resolution meeting the City Engineer and City Staff's approval be accomplished; further, the improved drainage be looked at by the City Engineer and if it takes the center line of say, 50 feet, if they need an easement on the east side to accomplish the 100 year flood, that this be done and it be addressed and approved by the City Engineer and City Staff prior to the final platting; further, that the street names Bradley Drive and Bradley Place be changed to all Bradley Drive; and further that Bradley Drive be made a cul de sac. This motion was seconded by Mr. Bowen. Mr. Riddle said in regard to item #8, if any of the property shows in the "A" zone, we must have a letter from F.E.M.A. The motion to approve carried 4-0. Mr. Hannon returned to the table. Chairman Tucker read the proposed amendment: "Section III - Definitions Private or Parochial School-Add the following wording-"These institutions must meet all the standards and have the same license and certification as required of public schools". . . . Page 25 P & Z Minutes March 22, 1984 AMENDMENT ADJOURNMENT 7/J SECRETARY PL ~ Section XIII - 13.2.5 Add the following wording after private schools:- "and child care centers". Section XXIV - 24.15 Delete all wording and add the following: "No part of a R-l, R-2, R-3, R-4-SD, R-5-D, R-6-T, R-7-MF, or AG zoned front yard or side yard on a corner lot may be used for storage of any vehicle, object, or material. Inoperable vehicles not to exceed a maximum of two, shall be parked behind the front building line and side building line on a corner lot, and screened from all public sight, in the following zoning classifications: R-l, R-2, R-3, R-4-SD, R-5-D, R-6-T, R-7-MF, and AG. Recreational vehicles, boats, trailers and other objects or material shall also be behind the front building line and side building line on a corner lot on a paved parking area. Passenger vehicles designed to carry more than 12 passengers or vehicles having a capacity of one ton or more are not allowed to be parked in the following zoning districts: R-l, R-2, R-3, R-4-SD, R-5-D, R-6-T, R-7-MF, and AG, except they may be parked in an AG district behind the front building line if they are being used for a farming or ranching operation." Ms. Nash made the motion to recommend to the City Council the approval of the amendment to Zoning Ordinance #1080. This motion was seconded by Mr. Bowen and the motion carried 5-0. The meeting adjourned at 10:15 P. M. 7;;;B. &<;'~ÕNÌNG~MMIS S ION